January 02, 2024

FERC Says Small Power Producers Are Important Too

Economies of scale used to mandate that power generation—whether renewable or traditional—was the sole domain of enormous facilities. Now, with much more efficient renewable technologies and favorable laws and regulations, renewable power generation is moving to small plots of land and even roofs of commercial buildings. The difficulty remains in getting these small generation facilities hooked into the wider...

January 02, 2024

Trends in Public Utility Credit Agreements

Read this practice note discussing the latest trends in credit agreements for public utilities. The practice note discusses current market trends in publicly filed credit agreements from the second half of 2022 and the first half of 2023. The data analyzed in this practice note was obtained using Market Standards, the searchable database from Practical Guidance. For more information on Market Standards, click here . ...

January 02, 2024

Compliance With the Community Reinvestment Act Regulation

The October 2023 revisions to the Community Reinvestment Act of 1977 (CRA) amend the CRA performance evaluation framework for assessing banks and updates the federal banking agencies’ consideration criteria. CRA was implemented to ensure that banking institutions meet the needs of borrowers, markedly those in low and moderate income neighborhoods. The CRA amendments become effective in April 2024, with compliance...

January 02, 2024

Informed Consent for Clinical Trials Form

Provide clinical trial subjects with enough information to allow for an informed decision about the subject's participation in the clinical trial. Use this template to facilitate the potential subject's understanding of the study, provide an opportunity for the potential subject to ask questions and to consider whether to participate, obtain the potential subject's voluntary agreement to take part in the clinical...

January 02, 2024

Claims and Karma: Clarity from a Coverage Guru on Insurance Litigation Basics

Review the nuances of state law on bad faith and the insurability of punitive damages in this video from Lewis Brisbois partner George Manos . Watch now » Related Content Bad Faith as a Continuum Discover information about the present bad faith environment and actions coverage counsel can take during claims handling to avoid or mitigate the risk of a viable bad faith claim. Insurance Bad Faith Coverage...

January 02, 2024

Starting The Year Off Right: Get Your House in Order with the new In-House Intellectual Property & Technology Resource Kit

This resource kit covers issues and tasks commonly encountered by in-house counsel working on intellectual property (IP) and technology related matters. It provides guidance on managing an IP portfolio, including identifying a client's IP assets via an audit, monitoring application/registration status and deadlines, establishing an IP asset protection strategy, avoiding third-party infringement claims (e.g., by conducting...

January 02, 2024

Restricting the Restrictions: Current Awareness Video on California Non-competes

Need to understand recent California laws prohibiting non-competes and how these laws affect California employers? Watch this California non-compete developments video by Joy C. Rosenquist of Littler Mendelson. Watch now » Related Content Restrictive Covenants Resource Kit Access links to non-jurisdictional and state-specific Practical Guidance content on drafting, negotiating, and litigating restrictive...

January 02, 2024

Swamped this Time of Year? Start Your Next Florida Asset Deal with this Short Form

When a client is acquiring the assets of a smaller company, the parties may prefer to use the law of the jurisdiction where the assets are located. Florida is a large, industry-diverse state with several major metropolitan areas. From Pensacola to Jacksonville, and Jacksonville to Miami, many practitioners find it useful to have a Florida law template to begin the drafting process. The definition of “substantially...

January 02, 2024

Start the New Year with Thompson on Real Property: An Essential Resource for Real Estate Attorneys

Key sections of Thompson on Real Property are included in a wide variety of Practical Guidance real estate content. Click below to access a practice note on hotel purchase and sale agreements featuring links to Thompson’s discussion of representations and warranties, default, and breach of contract. For links to additional topics from Thompson on Real Property, see the Related Content items below. Read now »...

January 02, 2024

I Owe the IRS How Much? Civil Penalties in the Internal Revenue Code and their Defenses

There are over 100 penalties in the Internal Revenue Code. Learn more about the penalties the IRS asserts most frequently, and that can apply to all types of taxpayers (individuals, corporations, partnerships, trusts and estates, etc.) and all types of federal taxes (including income taxes, employment taxes, and estate and gift taxes). Read now » Related Content Underpayments, Overpayments, and Deficiency...

December 19, 2023

AI Guidance: Do You Need to be Preserving Your ChatGPT Prompts?

As generative AI tools become more prevalent in business and personal use, it is essential to understand how production obligations apply to the content generated by these systems. Read Now » Related Content Generative Artificial Intelligence (AI) Federal and State Court Rules Tracker Check out this tracker linking to various individual rules and standing orders, and summarizes the requirements for those...

December 19, 2023

Market Trends 2023/24: High Yield Debt Offerings

The market for high yield debt has experienced some volatility, due in part to global instability, though there were still a number of notable transactions in 2023. Review this market trends practice note for a review of the high yield market in 2023, a discussion of the deal structure and process, and a market outlook for 2024. Read now » Related Content Limitation on Liens Covenant (High-Yield Indenture...

December 19, 2023

Biden Administration Looks at Harmonizing Cyber Regulations Amidst Flurry of New Activity

Cybersecurity continues to be top of mind for federal and state policymakers. This article identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad swath of private sector organizations. Read now » Related Content DHS Updates CUI Safeguarding and Incident Reporting Requirements for Contractors Catch up on Homeland Security Acquisition...

December 19, 2023

Is Your Client Involved in a Product Liability Claim?

Learn about product liability claims available to parties that sustain injuries due to a defective product, including claims under theories of breach of warranty, negligence, and strict liability; the remedies available for successful claims; and defenses a party can assert to defend against product liability claims. Read now » Related Content Product Liability Claims Preemption and Mitigation Assist your...

December 19, 2023

I Think I’ll Stay Here a While Longer: New Eligibility Rules for Long-Term Part-time Employees Are Around the Corner

Qualified retirement plans can require that employees perform a certain number of hours of service before being eligible to participate in the plan. So requiring 1,000 hours in a year of service kept part-time employees out of most plans. The SECURE Act (now, fondly, SECURE 1.0), enacted in late 2019, changed that, requiring plans to allow part-time employees to participate if they completed at least 500 hours in each...

December 19, 2023

Loan Buybacks: What’s Trending?

Make sure you are up to date on the latest trends in borrower and affiliate loan buybacks. This practice note discusses current market trends in publicly-filed credit agreements from the fourth quarter of 2022 and the first three-quarters of 2023. Loan buyback provisions allow a borrower and/or its affiliates to repurchase outstanding term loans at a discount on a non-pro rata basis. Read now » Related Content...

December 19, 2023

Preparing for a CFPB Examination

Agency examinations are a fundamental part of supervising financial institutions and their third-party service providers. Instituted by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), the Consumer Financial Protection Bureau (CFPB) is responsible for ensuring compliance with federal consumer protection laws and regulations related to consumer financial products and services. See...

December 19, 2023

Domestic Partner Health Benefits

Review this practice note from Lexis Practical Guidance – Healthcare to identify and understand issues related to an employer's provision of health benefits to an employee's domestic partner, where the employee and the employee’s domestic partner are not legally married. Learn about the complexities associated with these arrangements. Consult the practice note for more information on the types of benefits...

December 19, 2023

Across the Pond: COVID-19 FCA Non-Damage Business Interruption Test Case

Analyze detailed guidance that draws together the implications of the Supreme Court and Divisional Court decisions in the Financial Conduct Authority (FCA) test case commenced in consultation with policyholders and insurers. Read now » Related Content UK Insurance and Reinsurance: Court Rules in Favor of Policyholders in ''At the Premises'' Test Case Learn about the latest judgment in the...

December 19, 2023

Tightening the Belt on Skinny Labels

Hear expert commentary from Tom Irving and Michelle O’Brien of the Marbury Law Group on the risk generic drug companies face when utilizing a skinny label in the aftermath of the Federal Circuit’s decision in Glaxosmithkline LLC v. Teva Pharm. USA, Inc. , 7 F.4th 1320 (Fed. Cir. 2021) . This video discusses the evidence the court relied upon in finding induced infringement in this case and lessons for avoiding...

December 19, 2023

Taking Off for the Holidays—Check Out Our Leaves for Employees Resource Kit

Need to understand employer obligations for administering leave under federal, state, and local law? Want tips for drafting leave policies as well as nonjurisdictional and state-specific policies for multiple types of leave? Our Leaves for Employees Resource Kit summarizes Practical Guidance content addressing leave taken by employees. Read now » Related Content Attendance, Time-Off, and Leave of Absence...

December 19, 2023

Life Sciences Regulatory Enforcement Resource Kit

This resource kit provides quick access to essential content and tools for advising your life sciences clients that are subject to oversight and enforcement actions by very active federal and state administrative agencies, including the FDA. Read now » Related Content FDA Warning Letters Tracker Monitor warning letters issued by the FDA in response to its determination that a manufacturer has violated, or...

December 19, 2023

Do the Two-Step: Comparing Divisive Mergers and Divisions in Texas and Delaware

Divisive mergers allow eligible entities to separate select assets and liabilities into a new entity without the transactional costs of a full spin-off or demerger, and without triggering anti-assignment or transfer provisions common in many commercial agreements. Delaware and Texas dominate the landscape of divisive mergers—but hardly offer the same systems. Use this new comparison chart to understand the key differences...

December 19, 2023

Tune In! New Video on Biden Administration’s Climate Change Agenda

Watch a just-released video addressing important climate change issues. This new video examines how the Biden Administration’s climate change agenda affects the real estate industry on national and local levels. Watch now » Related Content Lender Liability Under Environmental Laws in Real Estate Transactions Learn about the risks that real estate lenders and other secured creditors face under various...

December 19, 2023

Energy Credits for Sale? New Proposed Regs on Buying and Selling Energy Tax Credits

The Treasury Department recently proposed regulations providing guidance on the ability of taxpayers to transfer by sale certain federal income tax credits derived from investments in renewable energy projects. This article provides an overview of the fundamental requirements and procedures for selling federal renewable energy tax credits, as set forth in I.R.C. § 6418 . Read now » Related Content Energy...