October 17, 2023

Breaking Up Is Hard to Do: See Our Separation Agreements Video

Do you need guidance on preparing separation agreements for non-executive employees? Watch this video by Heather Dillion and Nisha Verma, partners at Dorsey & Whitney LLP, on s eparation agreement tips for non-executive employees . Watch now » Related Content Separation Agreements: Drafting and Negotiation Tips (Pro-Employer) Obtain guidance on initial preparations for drafting a separation agreement...

October 17, 2023

Agencies Increase Focus on Interlocking Directorates

On August 16, 2023, the Federal Trade Commission (FTC) brought an enforcement action resolving its concerns in a transaction between private equity firm Quantum Energy Partners and natural gas producer EQT Corporation. Most notably, the consent order alleged that an interlock was illegal, even though the entities involved were non-corporate entities. This represents the first time the FTC has enforced Section 8 of the...

October 17, 2023

Drafting an Asset Purchase Agreement in Bankruptcy

During these difficult financial times, distressed companies are contemplating numerous options, including pursuing a sale of the company as part of a bankruptcy strategy. Attorneys will need to understand the differences between asset purchase agreements used in and outside of bankruptcy. Read now » Related Content Asset Purchase Agreement (Bankruptcy) Use this template to draft an asset purchase agreement...

October 17, 2023

Mediator Red Flags: Don’t Choose the Wrong Neutral

Autumn is in full swing and we’re all for red leaves and red apples … but a red flag is a red flag. We tapped our experts to help you avoid choosing the wrong mediator for your case and to identify just what to look out for when considering potential mediators. Check out what not to do at the link below. Read now » Related Content The Five Keys to a Productive Mediation Consider these five keys...

October 17, 2023

Across the Pond: Foreign Private Issuer Resource Kit

Foreign companies seeking to access U.S. capital markets can do so if they comply with special requirements for registration, offerings, and reporting, along with, in some cases, other country-specific rules. Go through this resource kit for links to practice notes, checklists, and templates covering each of these areas. Read now » Related Content Foreign Private Issuers' Reporting, Disclosure, and Corporate...

October 17, 2023

Don't Get Caught in an Ambush!

Expand your knowledge about ambush marketing, including predatory, coattail, self, associative, distractive, unintentional, and saturation ambushing, as well as protections against ambush marketing provided under federal and state. Read now » Related Content Federal Regulation of Advertising Learn about the major areas of federal regulation governing advertising and marketing activities. Advertising...

October 17, 2023

Privacy Policy, Notice, or Statement: Does it Matter What We Call It?

In the latest video series with Liisa Thomas, partner and leader of Sheppard Mullin’s Privacy and Cybersecurity Team, Liisa discusses the differences between a privacy policy, privacy notice, and privacy statement; best practices for putting together a privacy policy; and the biggest risks of getting it wrong. Watch now » Related Content Privacy Policy Fundamentals: The Notice Requirement Video Check...

October 17, 2023

More on Using SERPs to Lay a Better Foundation for Your Execs’ Retirement

A supplemental executive retirement plan (SERP) is a specific type of top-hat plan that supplements an employee’s qualified plan benefits. The plan can be structured so that it doesn’t simply supplement the qualified plan in which the executive participates, making employer contributions above applicable IRS limits; it also can allow participants to elect to defer a portion of their salary and/or bonus into...

October 17, 2023

What to do About Fracking Taxes

Fracking has become more and more controversial over the years, yet numerous states rely on fracking activities for substantial tax revenue. Find out what taxes your clients will be responsible for by reviewing our Oil and Gas Tax: Fracking Developments and Incentives State Law Survey. Read now » Related Content Oil and Gas: Exploration and Production Agreements Review standards behind drafting oil and gas...

October 17, 2023

Middle Market and Private Credit Market Trends

Are you working on middle market loans? Check out this new practice note, by Patrick Yingling and Jared Zajac of Cadwalader, Wickersham & Taft LLP, that identifies and discusses trends in the syndicated loan and private credit middle market from late 2022 and the first half of 2023, including the impacts general economic forces and geopolitical tensions had on the loan market, the market’s reaction to the cessation...

October 17, 2023

How to Make a Freedom of Information Act Request

Institutions often seek non-public information from governmental agencies. Review this practice note, from Christine N. Walz, Cynthia A. Gierhart, and Sara Benson of Holland and Knight LLP, to learn about current requirements governing public access to certain U.S. government and administrative agency records under the Freedom of Information Act (FOIA). Understand the procedures for submitting a request, the government...

October 17, 2023

Compliance Legal Audit Checklist (Healthcare Organization)

Stay ahead of the audit curve with this checklist from Practical Guidance – Healthcare. Advise healthcare providers on best practices to monitor their compliance with various state and federal laws in a variety of topic areas and prevent conflicts of interest. Review this checklist to assess potential legal issues facing your clients’ organizations, and when evaluating the legal controls in place at a potential...

October 17, 2023

Reinsurance in the London Market

Learn from our experts in the United Kingdom about the basics (parties and terminology) and also the nuances (treaties and horizontal cover) of reinsurance. This practice note includes visuals that clarify forms of reinsurance, proportional and non-proportional reinsurance, and reinsurance program structures. Read now » Related Content Insurance and Reinsurance in International Jurisdictions Access international...

October 11, 2023

State Law Comparison Tool for ABCs

You represent several troubled companies and need to explore whether an assignment for the benefit of creditors (ABC) is a viable non-bankruptcy alternative for your clients. Practical Guidance provides a way to compare ABC statutes in several states with the State Law Comparison Tool for ABCs which is live with 13 top jurisdictions! Read now » Related Content Assignments for the Benefit of Creditors Read...

October 10, 2023

For Discovery Disputes, Who You Gonna Call? Your Judge

Discovery disputes during spooky season can make opposing counsel seem especially ghoulish. We asked a former U.S. Magistrate Judge just when you should contact your judge when the Ghostbusters won’t cut it. Just because you “ain’t afraid of no ghost” doesn’t mean you should charge headlong into chambers. Check out this federal judge’s tips on when and how to contact your judge about...

October 10, 2023

Playing Politics: Government Shutdown Risk Factor

Extended government shutdowns can cause regulatory delays that hold up approvals, decisions, guidance, rulemakings, and other functions necessary to a company’s business. Use this template to draft risk factors warning investors of the potential for regulatory disruption. Read now » Related Content Tariffs and Trade Policy Changes Risk Factor Disclose the possibility of business disruption from sanctions...

October 10, 2023

Force Majeure Clauses in Construction Contracts

A well-drafted force majeure clause in a construction contract can minimize or avoid delays and disputes following events that are beyond the control of the parties. Read now » Related Content Owner-Contractor Agreements Read this practice note for guidance on drafting and negotiating construction contracts. Construction Contract Use this contract template, with drafting notes and alternate and optional...

October 10, 2023

How Much Do You Require?

Learn about stated estimates with respect to requirement contracts and output contracts, including how stated estimates are governed by the Uniform Commercial Code (UCC) and the parties’ good faith obligations. Read now » Related Content Output and Requirement Contracts under Article 2 of the Uniform Commercial Code Gain an understanding of output and requirement contracts under the UCC. Output...

October 10, 2023

Retina Scans, Voiceprints, Facial Recognition, and More—Who Can Use My Biometric Information?

Check out this update on biometric technologies and identifiers, state and local laws that cover them, how to mitigate your risks in using them, and Federal Trade Commission enforcement policies and plans. Read now »  Related Content   Biometric Privacy State Legislation Tracker Review this tracker to see proposed bills and enacted laws that cover use of biometric information that are similar to the Illinois...

October 10, 2023

Using SERPs (and Rabbi Trusts) to Sweeten the Exec Comp Deal

Deferred compensation arrangements appeal to executives and other highly paid employees because they allow each participating executive to postpone their recognition of income taxes until a future year. There aren’t any caps on the amount that may be deferred into a nonqualified deferred compensation plan, commonly referred to as a Supplemental Executive Retirement Plan (SERP), as there are for qualified plans....

October 10, 2023

Are You Ready to Commit?

Make sure you are up to date on the latest trends in commitment letters for acquisition financing. This practice note examines examples of select key provisions in commitment letters for acquisition financing, including SunGard provisions and bifurcated governing law provisions, from the second half of 2022 and the first half of 2023. Read now » Related Content Market Trends 2022/23: Commitment Letter Term...

October 10, 2023

Fair Credit Reporting Act (FCRA) Step-by-Step Guidance for Compliance

The Fair Credit Reporting Act (FCRA) regulates how institutions may collect and use consumer information provided by third-party consumer reporting agencies. Institutions must establish and implement a compliance monitoring program to regularly review, assess, and ensure that they are complying with the requirements of the FCRA. Explore this step-by-step guidance for handling consumer reports and investigative consumer...

October 10, 2023

Ransomware Issues in the Healthcare Industry

Get up to speed on this current hot topic in healthcare cybersecurity. Educate your clients on issues associated with ransomware attacks directed at healthcare institutions. Provide your client’s in-house counsel, and their compliance professionals, with a concise understanding of the mechanics of a ransomware attack and steps healthcare institutions can take to mitigate or prevent one. Understand how ransomware...

October 10, 2023

Transgender Issues Generate Hot-Button Legislation Across the States

Follow the evolving cultural trend that has generated at least 138 bills on issues from participation in sports to medical care involving hormones and surgeries. This article Includes a map showing 2022 legislative activity in 33 states. Read now » Related Content Transgender Implications for the Insurance Industry Consider how transgender issues impact all aspects of insurance. Workplace Diversity...

October 10, 2023

Breathe a Sigh of Injunctive Relief with Practical Guidance

Brush up on your knowledge of injunctive relief in federal trademark litigation under the Lanham Act with this practice note. Topics discussed include different types of and tests for injunctive relief, requirements of irreparable harm, inadequacy of monetary damages, balance of hardships, public interest, and strategies for obtaining and defending against an injunction. Read now » Related Content Trademark...