November 07, 2023

Don’t Fall into the Trap! Top Tips to Avoid Trending Class Wiretap Claims

With surging federal and state class action litigation against website operators for the use of session replay software and chatbots, you’ll want to check out this valuable information about the elements of wiretap claims asserted in the most common jurisdictions, defenses and exceptions to liability, and compliance best practices. Read now » Related Content Wiretapping and Surveillance State Law Survey...

November 07, 2023

How to Choose? Making Your Way through the Open Enrollment Labyrinth

Open enrollment can be a tricky time for employer plan sponsors and participants alike. It’s the time when employers open a “window” allowing eligible employees to choose health and welfare benefits (like dental, term life, long-term disability) for the following year. Lots of questions arise. Has the human resources department provided the right information? Are employee questions adequately addressed...

November 07, 2023

Trends in Healthcare Financing: What Practitioners Need to Know

Make sure you are up to date on the latest trends in healthcare financing. This practice note discusses current market trends in publicly filed credit agreements for healthcare service providers from the second half of 2022 and the first half of 2023, including healthcare-specific covenants and representations, collateral issues, and anti-assignment laws. Read now » Related Content Healthcare Financing Anti...

November 07, 2023

AML Fraud Red Flags Video

The Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, is committed to helping financial institutions enhance efforts to detect, prevent, and report actual or suspected illicit fraudulent activity. The risk of fraud occurring in the financial system is high and criminals are coming up with schemes to perpetrate fraud daily. This video highlights red-flag guidance issued by FinCEN...

November 07, 2023

Board Resolutions: HIPAA Privacy and Security Officer Appointment

Adopt these board resolution templates when appointing a Privacy or Security Officer responsible for compliance with the Privacy Rule or Security Rule, respectively, under the Health Insurance Portability and Accountability Act (HIPAA). Comply with HIPAA requirements mandating delegations for: a privacy official, a contact person for Privacy Rule complaints, and a security official responsible for implementation of Security...

November 07, 2023

Key Resources for Copyright Enforcement

Access key resources for copyright enforcement, including resources to aid copyright owners and counsel with pre-suit preparation, analyzing potential claims, remedies and defenses, and drafting pleadings, discovery, and case resolution documents. This Resource Kit includes practice notes, templates, and checklists for litigation in federal courts, practice before the Copyright Claims Board, and Digital Millennium Copyright...

November 07, 2023

The Results Are In: Practical Guidance Has You Covered on Election Day

Need to understand which jurisdictions allow employees to take time off from work to vote in federal, state, and local elections? Check out our Voting Leave State Law Survey (Private Employers), which summarizes state voting leave laws and notes which states do not have such laws. Read now » Related Content Voting Rights Resource Kit Explore resources on voting rights in the United States. Voting Leave...

November 07, 2023

New! Stock for Stock Merger Timetable Checklist

Whether you are a seasoned practitioner or new to the complexities of a stock for stock merger, a timetable checklist provides a big picture of the entire transaction process and allows you the opportunity to estimate a realistic timeline for the client. In a stock consideration merger, an acquiror may need to issue additional stock, there may be restrictions on transfer post-merger, and stockholder approval requirements...

November 07, 2023

Commercial Tenant Evictions: Go with the Flow

States and many municipalities have their own unique set of laws for terminating tenancies and evicting tenants. Some states permit landlords to take speedy self-help actions upon default. Other states, such as California, require court proceedings before tenants can be evicted. Check out this handy flowchart for an overview of a California commercial tenant eviction. Read now » Related Content Eviction...

November 07, 2023

Board Resolutions: HIPAA Privacy and Security Officer Appointment

Adopt these board resolution templates when appointing a Privacy or Security Officer responsible for compliance with the Privacy Rule or Security Rule, respectively, under the Health Insurance Portability and Accountability Act (HIPAA). Comply with HIPAA requirements mandating delegations for: a privacy official, a contact person for Privacy Rule complaints, and a security official responsible for implementation of Security...

November 07, 2023

Do You Really Want to Tax Me? Compare Corporate Income Taxes Across State Jurisdictions

Corporate income taxes are levied in 44 states with rates ranging from 2.5% in North Carolina to 11.5% in New Jersey. Of the total, 11 states have top rates at or below 5%, four have rates at or above 9%, and 29 states and the District of Columbia have single-rate corporate tax systems—the others applying graduated rates. Use our State Law Comparison Tool to compare state-to-state. Using the drop-down click on the...

October 31, 2023

Subchapter V Remains Popular

Subchapter V of Chapter 11 remains an attractive option for small businesses. As a relatively new alternative, case law interpreting the statute continues to develop. For example, courts disagree over whether exceptions to discharge apply to both individual and corporate Subchapter V debtors. Check out our tracker to stay up to date on Subchapter V legal developments. Read now » Related Content Subchapter...

October 31, 2023

Mitigate Risk: The Specter of ESG Class Action Litigation

Class action litigation risks can haunt and distract organizations. Enable yourself to help your clients reduce the risk of facing class action lawsuits arising from environmental, social, and governance (ESG) matters in an increasingly ESG-centric corporate world. As ESG-related issues evolve and become increasingly important to corporate stakeholders, class action litigation against companies has moved from specter...

October 31, 2023

Night of the Living Deadlines: SEC Adopts Rule Amendments and Releases Guidance for Beneficial Ownership Reporting

On October 10, 2023, the spirits of the SEC spookily sent forth alarming amendments and ghastly guidance that, among other things, shortened deadlines for Exchange Act Sections 13(d) and 13(g) reporting and clarified when a group is formed for reporting purposes. Get the devilish details before your time is up. Read now » Related Content Schedule 13D or 13G Filing Chart Match triggering events to filing...

October 31, 2023

What’s the Remedy?

Learn about the different remedies that may be available to buyers, sellers, and third parties with respect to sale of goods transactions that are governed by the Uniform Commercial Code (UCC). Read now » Related Content UCC Damages and Remedies Gain an overview of damages and remedies available under the UCC. Remedies Read about defining and limiting remedies in commercial transactions. Acceptance...

October 31, 2023

Tips for Managing Privacy and Cybersecurity Risks in M&A Transactions

With appropriate due diligence efforts and mitigation strategies, you can help your clients prevent unanticipated costs, strategic obstacles, and criticism from unforeseen privacy and cybersecurity issues that may arise after the closing of a corporate transaction. Read now » Related Content Federal Trade Commission (FTC) Consumer Privacy Enforcement Tracker Bookmark this tracker to stay on top of key recent...

October 31, 2023

How Can I Know Unless You Tell Me? New Rules for Participant Disclosures: Are They Any Easier?

SECURE 2.0 gave some leeway to plan sponsors in revising their participant notice distribution options. Effective this year, defined contribution plan sponsors have the option to forgo providing notification to unenrolled participants (with zero account balances). Certain conditions apply like (1) SPDs are still required, as are initial notices, like initial QDIA notices, (2) annual eligibility notices are still required...

October 31, 2023

Sometimes the Wind Simply Won’t Blow

Other times, the wind may be blowing, but your client’s wind development counterparty may not be living up to its expectations under a wind lease. Learn what you need to do to hold defaulting counterparties accountable under a wind lease by reviewing this wind leases default and remedies video. Watch now » Related Content Wind Leases: Option or Development Phase Video See how to negotiate the option...

October 31, 2023

Your Borrower is About to Default. What’s Next?

Review this resource kit to make sure you are up to speed on the types of defaults, the standard grace periods to correct a default, and the materiality thresholds to trigger a default. These provisions can vary depending on the size, industry, and circumstances of the borrower. Read now » Related Content Events of Default Enforcement, Remedies, and Cures (Credit Agreement) Review this practice note discussing...

October 31, 2023

Privacy Requirements for Fintech

Federal and state regulatory agencies are focused on the actions of financial institutions and financial technology companies (fintech), with an emphasis on data privacy. Existing laws and regulations generally require institutions to have reasonably designed policies and procedures to protect client information and detect and prevent identity theft and mitigate the risk of information security breaches. Explore the Gramm...

October 31, 2023

Health Insurance Plan Network Provider Agreements

Use this practice note from Practical Guidance – Healthcare to understand agreements between health plans and doctors, dentists, and other healthcare professionals who provide services to plan members; gain insights into provider network development and contracting, provider manuals, compensation, billing and payment, network participation, provider licensing and insurance, provider credentialing, maintenance of...

October 31, 2023

Cyber Tricks for a Coverage Treat

Discover tips to help a business find the best cyber liability insurance policy for its risk transfer needs. Includes bonus guidance on limiting policy costs. Read now » Related Content Cyber Insurance Coverage for Ransomware Events Dive into some key insurance coverage implications for ransomware losses under typical stand-alone cyber insurance policies. Cybersecurity Insurance Initial Considerations...

October 31, 2023

Attorney on Staff—Working with the ITC Staff Attorney

A Section 337 investigation includes not only a complainant and respondent, but a third party—the Office of Unfair Import Investigations (OUII)—that represents the interests of the public. The OUII is typically represented by one staff attorney, who is involved in nearly all aspects of an investigation, including fact and expert discovery, briefing related to discovery disputes, Markman briefing, fact and...

October 31, 2023

Boo and Improved Automated Overtime Exemption Tool Available Now!

Don’t be scared … of classifying employees as exempt! Click below to obtain access to a new and improved automated overtime tool to help you quickly analyze employees' overtime exemption status and avoid monstrous misclassifications. Access tool » Related Content Exempt/Non-Exempt Employee Classification Audits: Key Considerations Learn how to audit employee classifications under the Fair...

October 31, 2023

Regulatory Due Diligence for Pharmaceutical and Biologics Transactions

This practice note discusses key legal and regulatory issues to evaluate, questions to ask, and documents to review in mergers, acquisitions, investments, financings, and other transactions involving pharmaceutical or biological products. Read now » Related Content Life Sciences Due Diligence Considerations in M&A Transactions Checklist Identify critical due diligence considerations for life sciences...