December 19, 2023

Realtors Liable for $1.8 Billion in Antitrust Jury Verdict in Missouri

A Missouri jury recently found that defendants National Association of Realtors (NAR) and a group of real estate brokerages were guilty of conspiring to inflate real estate broker commissions in violation of the antitrust laws and awarded damages of $1.785 billion to the plaintiff home buyers. Read this article focusing on important takeaways of that verdict as well as a 2020 settlement that the Antitrust Division of...

December 19, 2023

I Noticed You Noticing Me!

The Bankruptcy Rules contain the notice requirements and procedures for motions, complaints, and other actions that occur in a bankruptcy case. Check out this chart detailing the notice requirements for a Chapter 11 bankruptcy case. Read now » Related Content Adversary Proceeding Bankruptcy Rules and Federal Rules Comparison Chart Use this chart to understand the differences between the Federal Rules and...

December 12, 2023

Never Too Late to Learn: Adopting Employee Tuition Reimbursement Programs

Educational assistance programs are a common tax-favorable employee benefit offered by employers. Statutory requirements under I.R.C. § 127 permit a great deal of flexibility in program design. This includes the ability to restrict assistance only to coursework that is likely to improve a participant's skills, knowledge, or credentials that relate to their role or anticipated roles within the sponsoring company...

December 12, 2023

You’ve Gotta Fight for Your Rights . . . in Bankruptcy

With natural gas prices down and increased regulation (and the threat of regulation) weighing on the oil and natural gas industry, companies are increasingly turning to bankruptcy to right-size their balance sheets. Review this practice note to determine the best way to help your clients manage a distressed asset opportunity and survive. Read now » Related Content Damages Provisions in Services Contracts...

December 12, 2023

Planning a New PPP Project?

Read this practice note discussing the capital sources that public and private sponsors in the United States can use to develop, construct, operate and maintain public infrastructure projects. Private and public partners can obtain third-party financing through a variety of sources, including tax-exempt private activity bonds, commercial loans, and federal credit assistance programs. Read now » Related Content...

December 12, 2023

FinCEN Proposes Rulemaking to Make Convertible Virtual Currency Mixing More Transparent: Client Alert Digest

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently released a Notice of Proposed Rulemaking (NPRM) calling for new reporting and recordkeeping requirements on convertible virtual currency (CVC) mixing transactions. The NPRM is intended to target illicit financing by terrorists and other bad actors transacting in CVC mixing transactions in or involving a U.S. jurisdiction...

December 12, 2023

Emergency Medical Treatment and Labor Act (EMTALA) Fundamentals

Get up to speed on the Emergency Medical Treatment and Labor Act, a law that was enacted in 1986 but has continued relevance today for hospitals that participate in Medicare. Advise your healthcare clients on EMTALA’s reach. Review how EMTALA governs hospitals with emergency departments and learn what types of care facilities fall under the emergency department rubric. Understand also how EMTALA applies to facilities...

December 12, 2023

One State, Two State, Red State, Blue State: Partisan Divide on ESG Legislation

Discover the different environmental, social, and governance (ESG) principles in Republican and Democratic states and the balancing act companies perform between pro- and anti-ESG camps. This article includes a State Net map depicting laws for and against ESG that states considered or enacted in 2023. Read now » Related Content An ESG Update for Insurers: Pumping the Brakes Learn about the significant pushback...

December 12, 2023

Seizing the Goods: Working with U.S. Customs and Border Protection

Understanding and effectively utilizing U.S. Customs and Border Protection (Customs) should be a key part of trademark enforcement strategy. Review the bases for and scope of Customs' enforcement authority, including its authority to exclude, seize, and/or detain shipments of counterfeit, infringing, and gray market goods. Read now » Related Content Trademark Enforcement Resource Kit Access an extensive...

December 12, 2023

Fact Checking: Best Practices for Hiring an External Investigator

Thinking about hiring an external investigator to conduct a workplace investigation? Let Elena Paraskevas-Thadani —Founder and President of EPT Legal, Association of Workplace Investigators Certificate Holder (AWI-CH), and licensed private investigator—guide you through the best practices in our newly released video, Workplace Investigations: Hiring an External Investigator. Watch now » Related Content...

December 12, 2023

Don’t Get Caught Dozing at Signing and Closing: Get Prepared with this Resource Kit

To best manage the execution and exchange of signatures and documents in an M&A transaction, counsel should plan ahead to ensure a smooth signing and closing. Counsel is generally responsible for, among other things, finalizing the main transaction document and other deliverables, obtaining regulatory approvals and corporate consents, and circulating signature packets for closing deliverables. Get prepared for your...

December 12, 2023

New Climate Change Video!

Check out this new video describing eight ways the marketplace is treating climate change as a strategic and compliance issue and its impact on real estate. Read now » Related Content Environmental Considerations in Real Estate Transactions Resource Kit Use this resource kit to easily find guidance on common environmental considerations in real estate transactions. Environmental Due Diligence in Real...

December 12, 2023

I Want to See Your Taxable Income, But Can’t: TPSO Reporting Change Delayed (again)

The American Rescue Plan Act of 2021 (also called the COVID-19 Stimulus Package), Pub. L. No. 117-2 , raised the de minimis threshold for Form 1099-K reporting on third party settlement organizations (TPSOs), like PayPal and Venmo, under I.R.C. § 6050W(e), from amounts in excess of $20,000 on 200 or more transactions to any payments made to a participating payee that exceed a $600 threshold, regardless of the number...

December 12, 2023

Get a Do-Over by Reinstating Your Prepetition Loan

Section 1124(2) of the Bankruptcy Code allows a Chapter 11 debtor to cure defaults under a prepetition loan agreement and reinstate the maturity date and other terms of the original agreement. Check out this expertly drafted article discussing a recent bankruptcy case which addressed the rate of interest to cure and reinstate a defaulted loan. Read now » Related Content Reinstating Prepetition Loans in Bankruptcy...

December 12, 2023

AI Rules Tracker: Find Out if Your Court Has Adopted Rules on Generative AI

Check out our brand new Generative Artificial Intelligence (AI) Federal and State Court Rules Tracker! This tracker identifies and links to various court rules and standing orders, and summarizes the requirements for those courts. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Get an overview of current Practical Guidance content, including all practice notes, checklists...

December 12, 2023

State-by-State Board Diversity Requirements Chart

In recent years, U.S. states have seen a wave of proposed and passed legislation to address gender gaps and gaps in representation of underrepresented communities on corporate boards of directors. In general, these rules require reporting on director demographic data, demographic requirements for board composition, or both. Review this chart to see which states have passed legislation relating to board diversity, an overview...

December 12, 2023

Warranties in Construction Contracts

Both express and implied warranties can be invoked in design and construction cases. Learn about the standard express and implied warranties made by the parties to a construction contract, including the scope, duration, notice requirements, and remedies of these warranties. Read now » Related Content Design and Construction Defect Claims: Overview and Defense Strategies Read this practice note for tips on...

December 12, 2023

Where's the Equity?

Learn all about the assorted equitable remedies, including limitations and defenses, that may be available to parties pursuant to U.S. contract law, including specific performance, injunctive relief, reformation, rescission, and accord & satisfaction. Read now » Related Content Remedies Read about defining and limiting remedies in commercial transactions. UCC Remedies for Buyer and Seller and Third...

December 12, 2023

An Oldie but a Goodie: Uncle Sam’s Song for Safeguarding Personal Privacy

Brush up on the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, which prohibits disclosure of government records without prior written consent of the individual to whom the record pertains unless one of 12 statutory exceptions applies. This practice note discusses the exceptions from the prohibition against disclosure, the process for providing access to individual records, and the requirements for agencies...

December 05, 2023

Time Computation for Filing Just Got Trickier

Most litigators would (reasonably) expect that if their filing deadline falls on a Saturday, Sunday, or legal holiday, it gets extended to the next business day. But now this is not always so. Read now » Related Content Client Intake Form (Federal) Use a client intake form meant for use with potential clients who come in for consultations about a new matter. Preserving Evidence Video (Federal) Watch...

December 05, 2023

Internal Investigations: Disclosures to External Auditors

Companies conducting internal investigations must make certain disclosures to auditors, however there are certain pitfalls relating to information that is privileged, attorney work product, confidential, and possibly useful to existing or potential litigants against the company. Read this practice note for an overview of these pitfalls, communications with auditors, and best practices. Read now » Related Content...

December 05, 2023

To Arbitrate or Litigate, that is the Question

Watch this video addressing various types of dispute resolution and learn about the benefits and potential concerns of resolving a dispute through mediation, arbitration, and litigation. Watch now » Related Content Arbitration vs. Litigation (Federal) Consider these issues when deciding whether to litigate or arbitrate a dispute in the United States. Mediation-Arbitration Considerations Read an overview...

December 05, 2023

What is the Right Response? The How, When, and What for Responding to Privacy Rights Requests

Businesses must properly respond to consumer requests to exercise their rights to know/access, delete, or correct their personal information under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). Ensure you meet compliance obligations with this handy checklist covering methods of submission, timing, identity verification, and more. Read now » ...

December 05, 2023

How Secure Are You? Cybersecurity Concerns in Retirement Plan Administration

An ever-increasing amount and sophistication of internet crimes targeting employee benefit plan data and assets has led to increasing concerns among ERISA fiduciaries who anticipate the consequences of cybersecurity issues raised in DOL audits of ERISA plans and litigation by plan participants who suffer damages due to cybersecurity breaches. ERISA fiduciaries have had to become more informed and proactive in the information...

December 05, 2023

Borrowers … Check Out This Checklist!

Are you working with borrowers to draft a credit agreement? Use this easy-to-follow checklist of items you should consider in preparing for a borrower to comply with requirements in a loan transaction. Read now » Related Content Representations and Warranties in Credit Agreements Read this in-depth overview of the reps and warranties negotiated in a credit agreement. Compliance Certificate (Credit...