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...

October 10, 2023

No Competition: Check Out Our Videos on Enforcing Restrictive Covenants

Do you need to understand steps employers can take to enforce restrictive covenants before litigation or, if needed, via court proceedings? Watch the two-video suite by Erik Weibust of Epstein Becker & Green: Restrictive Covenants: Pre-litigation Enforcement and Restrictive Covenants: Enforcement in Court. Watch first video now » Watch second video now » Related Content Restrictive Covenants...

October 10, 2023

Get the Paddles! States Increase Rollout of Extensive Premerger Notification Requirements for Healthcare Transactions

An increasing number of states are putting healthcare M&A transactions in their antitrust and regulatory crosshairs through the creation of premerger notification requirements. California and Illinois are the latest of 10 jurisdictions to pass premerger notification programs for healthcare deals. Learn more about this growing trend and what deal lawyers need to know to plan for their next healthcare acquisition (hint...

October 10, 2023

Let’s Limit Investor and Property Owner Liability!

Limited liability companies (LLCs) are commonly formed to acquire and own real estate projects and parcels while limiting its members’ liability. LLC operating agreements usually outline the rights and obligations of the members, including allocation of net profits and losses and distribution of LLC assets. Use this operating agreement for a member-managed New York LLC with multiple members. See the Related Content...

October 10, 2023

Don’t Keep the Change. Following the Accountable Plan Rules So Your Expense Programs Don’t Result in a W-2 Entry

Employers that reimburse employees for the expenses they incur as a result of travel or other business on behalf of the employer (reimbursement of personal expenses almost always being taxable) must adhere to the Internal Revenue Code’s accountable plan rules. If not, those advances or reimbursements will become taxable to the employee. That means that they could be subject to federal (and state) income tax withholding...

October 04, 2023

How Much Do I Owe? State Interest Rates on State Tax Underpayments/Refunds of Overpayments

Complying with the return filing and payment deadlines imposed by different states is one of the most challenging tasks faced by taxpayers and their accountants/counsel. The sheer volume of returns and potentially large number of payments to be made, coupled with the states’ differing rules on the availability of automatic extensions and other events that may change tax return due date, add to the complexities and...

October 03, 2023

Shelter From the Storm—Bankruptcy Code’s Safe Harbor Provisions

Section 546(e) of the Bankruptcy Code's safe harbor prevents avoidance in bankruptcy of certain securities, commodity, or forward-contract payments. Check out this expertly drafted article discussing a recent decision addressing Section 546(e) safe harbor. Read now » Related Content Safe Harbor Provisions for Financial Contracts Understand the Bankruptcy Code’s safe harbor provisions for financial...

October 03, 2023

Using Generative AI in Federal Court? We’ve Got You Covered

Given the recent explosion of generative artificial intelligence (AI) apps available to and used by litigators (like ChatGPT, Harvey.AI, or Google Bard), courts across the country are evaluating the need for requirements regulating the use of these tools in their proceedings. Many federal judges have issued standing orders governing the use of generative AI to prepare or draft court filings. If your judge has issued just...

October 03, 2023

10-Q Very Much: A Checklist for Your Form 10-Q

Domestic public companies use Form 10-Q to report their financial statements and other updates for each of the first three quarters of the fiscal year. Use this form check checklist to go requirement-by-requirement when putting together a client’s next quarterly filing. Read now » Related Content Form 10-Q Drafting and Review Get filing deadlines, disclosure items, drafting tips, and recent amendments...

October 03, 2023

Avoid the Dark Side!

Gain an understanding of unscrupulous conduct used by some websites and apps to trick consumers into unwanted transactions. Beware of common areas of "dark pattern" behavior and learn about regulations and enforcement efforts to curb this conduct. Read now » Related Content Negative Option Marketing Understand negative option marketing and find guidance for compliance with online negative option...

October 03, 2023

Ease Compliance Efforts by Comparing State Data Security Requirements

This set of state Q&As provides jurisdiction-specific guidance on data security requirements generally applicable to private entities that collect or maintain personal information, including entities and data covered, compliance requirements, assessment considerations, exemptions, and enforcement. Compare differences between states by choosing the topic Data Security Requirements from the drop-down menu of our State...

October 03, 2023

Who’s Watching You! Identifying Highly Compensated Employees in 401(k) Plan Testing

Unless your employer 401(k) plan wholly follows the safe harbor route, you’ll need to determine who among your employees should be treated as a “highly compensated employee” (HCE). Determining this is one of the most critical steps in maintaining 401(k) plan compliance. The nondiscrimination tests that apply to 401(k) plans rely on a correct HCE determination and mistakes made in HCE status can have...

October 03, 2023

Due Diligence: It’s Not Just for First Year Associates Anymore

The oil and gas leasing and exploration and production landscape has become more competitive and further reaching now that prices are down, and companies are deciding whether to develop new fields in Pennsylvania, Ohio, and elsewhere. Are your clients interested in acquiring distressed oil and gas assets while prices are low and debt burdens are high? If so, you need to stress the importance of conducting sufficient due...

October 03, 2023

The Waiver Request Is in the Mail

Have you been retained by a lender to respond to a borrower’s request for a waiver or forbearance agreement? Before negotiating with borrower’s counsel, you should first consider the conditions that are often negotiated or agreed upon in such waiver requests. Read now » Related Content Amendments and Waivers to First Lien Documents and Second Lien Documents Review this practice note to understand...

October 03, 2023

Updated: Cryptocurrency Trackers

Cryptocurrency lawsuits in the United States continue to soar in 2023, with allegations of fraud, deceptive practices, violations of the Securities Act, breach of contract / fiduciary duty, and bankruptcy being most prevalent. At the same time, federal and state regulatory agencies released a number of draft legislative proposals to ensure appropriate oversite of this asset and its complex risks. Stay on top of recent...