May 20, 2025

The Deal Bridge: Transition Services Agreement

In the complex world of M&A transactions, transition services agreements (TSAs) serve as critical bridges between deal closing and operational independence thus creating stability during organizational change while protecting core business functions. Our practice note on transition services agreements in M&A deals provides comprehensive guidance on designing effective transition frameworks that balance service...

May 20, 2025

Regulatory Due Diligence for Medical Device Technology Transactions

This practice note covers key legal and regulatory issues to evaluate, questions to ask, and documents to review in medical device or diagnostic technology deals, including M&A, investments, financings, and joint ventures. Read now » Related Content Life Sciences M&A Transactions Learn about factors driving deal flow in one of the most active sectors for M&A activity. This practice note explores...

May 20, 2025

Play by the Book: See Our New Independent Contractor Agreement Playbook

Playbooks help attorneys review contracts quickly and consistently by comparing document language with a predefined and reusable set of language, rules, and actions, including favored contract language/position (by contract type and term), fallback positions per term, and drafting guidance with negotiation strategies/rationale. Check out our first L&E playbook, Independent Contractor Agreement Playbook (Pro-service...

May 20, 2025

Mastering Patent Claim Drafting for Living Organisms and Genetic Sequences

In a landscape where precision is paramount, our latest practice note delivers essential guidance on drafting claims for living organisms and genetic sequences. Discover how landmark decisions and practical examples can empower you to draft clear, robust claims that withstand modern challenges. Read now » Related Content Claim Drafting Pre-filing Checklist (U.S. Utility Patent) Head over to this streamlined...

May 20, 2025

Joint Efforts: Demystifying the Purple Haze of Cannabis Insurance for Marijuana-Related Businesses

Learn about the specifics of representative insurance policies that marijuana-related businesses (MRBs) routinely need. Read now » Related Content Cannabis State Regulatory Agencies Gain a greater understanding of the varied processes that impact the legalization of cannabis at the state level and how evolving state statutes and regulatory structures impact the adult-use cannabis industry. Understanding...

May 20, 2025

A State-by-State Survey on Hospice Care Laws and Regulations

Check out this state law survey from Practical Guidance – Healthcare that addresses short-term hospital services for terminally ill patients, including those provided through Medicare programs. Highlighted issues include licensing/certification of inpatient hospice facilities, limits to provider reimbursements of annual Medicare hospice benefit cap amount, and qualifications necessary for hospice administrators...

May 20, 2025

Consumer Disclosure Notice Template for Credit Repair Organizations

Consumers seeking help with credit issues often turn to Credit Repair Organizations (CROs) for assistance. These licensed entities must comply with the Credit Repair Organizations Act (CROA), which includes key consumer protection provisions. CROA requires CROs to provide clear disclosures outlining consumer rights before entering into any agreement, and it prohibits the waiver of certain legal rights. CROs can refer...

May 20, 2025

Fueling Growth: Reserve-Based Loan Trends in the Energy Sector

Read this practice note providing an overview of reserve-based loans (RBLs) in the oil and gas (O&G) industry. RBLs are a type of asset-based loan commonly used in the upstream O&G industry, especially among non-investment grade companies. This practice note also discusses recent market trends in certain publicly filed deals from 2024 to Q1 2025. Read now » Related Content Asset-Based Lending Resource...

May 20, 2025

Unpacking the Essentials of Executive Employment Agreements

In today's competitive business landscape, companies use comprehensive executive employment agreements to attract and retain top talent. These agreements align the interests of both the executive and the organization by providing a detailed compensation structure that combines a guaranteed base salary with performance-driven incentives such as bonuses, profit-sharing options, and equity awards. Additionally, they...

May 20, 2025

From Identification to Remediation: Navigating the Cyber Vulnerability Process

Check out this new detailed guide on the cyber vulnerability handling process, outlining the identification, assessment, prioritization, and remediation of security vulnerabilities as well as monitoring and follow-up. Effective vulnerability management is critical to safeguarding the organization's critical assets, sensitive data, and overall cybersecurity posture, mitigating potential threats before they lead to...

May 20, 2025

Mastering Contract Transfers: A Guide to Assignments, Delegations, and Novations

Explore the intricacies of commercial contract assignments, including the conditions under which assignments are permitted, restricted, or prohibited. Understand the enforceability of anti-assignment clauses and the distinctions between assignment, delegation, and novation to effectively manage contract rights and obligations. Read now » Related Content Offers, Acceptance, Revocation, Assignment, and Delegation...

May 20, 2025

Stay Up to Date with Construction Law Case Trackers

The Construction Law Team publishes quarterly trackers that identify and summarize recent case law affecting the construction practice area. The trackers, which are updated monthly during the quarter, include notable construction cases going back to January 2023. Click the links below for our 2025 trackers. Read Q1 now » and Read Q2 now » Related Content Construction Dispute Resolution Resource Kit...

May 20, 2025

The CFTC and the Changing Landscape of Financial Regulation: Client Alert Digest

The Commodity Futures Trading Commission (CFTC) has undergone significant regulatory, enforcement, and leadership changes recently, signaling a pivotal shift in its approach to market oversight. Read this client alert digest for the most impactful recent developments at the CFTC, including evolving guidance on artificial intelligence (AI), digital assets, and self-reporting and cooperation, and a reorganization of the...

May 20, 2025

Four Skills Gen Z Associates Need to Close the Generation Gap

Discover how Generation Z lawyers can excel in today's dynamic legal landscape by mastering essential skills for success in multigenerational law firms. Junior associates face unique challenges as digital communication and remote work reshape the professional environment. This insightful article delves into the skills experts recommend for Gen Z lawyers. Learn practical tips and strategies to enhance competencies...

May 20, 2025

Bankruptcy Tracker Bonanza: Stay Ahead of the Curve!

Explore our extensive Bankruptcy Tracker Resource Kit! Whether you're keeping tabs on mega Chapter 11 filings, deciphering DIP financing trends, or navigating the latest legal developments post-Purdue Pharma, our regularly updated trackers have you covered. Stay informed and ahead of the game with real-time insights and essential resources tailored for bankruptcy professionals. Click the bell icon to get alerts on...

May 20, 2025

Pre-Deal Antitrust Due Diligence: The Benefits of an Overlap Analysis

Look before you leap. That is good advice for many things in life, including entering into a risky antitrust transaction. Given the aggressiveness of the antitrust agencies in reviewing deals and the HSR pre-merger process, it may be wise to analyze how an investigating agency may view a specific deal. Otherwise, you may end up with a surprised and unhappy client. As antitrust deal counsel, review our detailed How to...

May 13, 2025

Crossing Borders, Cutting Taxes: U.S. Tax Treaties in Global Transactions

The United States has tax treaties with nearly 70 countries to prevent double taxation and curb tax evasion. These treaties, based on Article II, Section 2 of the U.S. Constitution, are reciprocal and generally apply to both countries involved. For U.S. citizens or residents receiving income from a treaty country, these treaties can provide credits, deductions, exemptions, and tax rate reductions. In 2025, tax treaties...

May 13, 2025

Real Estate Brokers Splitting Commissions—When is it Permissible?

Real estate activities are highly regulated, and each state has laws governing specific prohibited practices as well as liabilities and penalties for violations. Explore this state law survey covering essential topics such as compensation and commission-sharing between licensed and unlicensed individuals, real estate commission rebate offers to consumers, and unauthorized real estate practice violations and penalties...

May 13, 2025

The Fraud Factor: Strategic Approaches to Carve-Outs in Acquisition Agreements

Contractual disputes regarding allegations of fraud are often complex, time-consuming, and expensive to litigate. Parties may amicably negotiate an acquisition agreement without even considering whether fraud could surface as an issue before or after the closing. Some parties still execute acquisition agreements that fail to define fraud or that include a non-reliance provision rendering fraud carve-outs useless. To best...

May 13, 2025

Imported Food Prior Notice Requirements

This practice note covers FDA prior notice requirements for imported food, including scope and exceptions, notification contents and timing, methods of submitting notice, and consequences for failing to provide proper notice. Read now » Related Content FDA Import Alerts, Detentions, Refusals, and Seizures Understand FDA enforcement procedures intended to prevent non-compliant regulated products from entering...

May 13, 2025

On Top of the World: Tips for Crafting International Employment Agreements

Do you need guidance on drafting international employment contracts? Read our International Employment Agreements: Key Drafting Tips practice note, by John L. Sander, Michael Watts, and William Ellis, Jackson Lewis P.C. Read Now » Related Content ​ Executive Employment Agreement Resource Kit Find Practical Guidance content related to executive employment agreements. Secondment Agreements: Drafting...

May 13, 2025

The Price of Noncompliance: Motion for Judgment or Other Discovery Sanctions at the TTAB

What happens when an opposing party fails to comply with a TTAB discovery order? Use this motion for discovery sanctions, including judgment, in a proceeding before the Trademark Trial and Appeal Board (TTAB). Read now » Related Content TTAB Proceedings Resource Kit Use this resource kit for an overview of proceedings before the TTAB. Topics include preparing and filing pleadings, taking discovery, the testimony...

May 13, 2025

No Sympathy for the Devil: When Claims Settlement and Trade Practices Go South

Learn about the fundamentals of both the NAIC’s Unfair Insurance Trade Practices and Unfair Claims Settlement Practices Model Acts. Read now » Related Content NAIC Unfair Claims Practices Model Act Checklist Review key provisions of the NAIC Unfair Insurance Claims Practices Act to determine whether your insurance client’s claims practices comply with the law. NAIC Unfair Insurance Trade...

May 13, 2025

Teaching Triumphs: The Tale of AMCs

Check out this practice note from Practical Guidance – Healthcare for an overview of Academic Medical Centers (AMCs). The practice note defines AMCs, explains their three-part mission of clinical care, research, and education, and describes their governance, structure, and funding. The practice note also examines key regulatory considerations unique to AMCs. Read now » Related Content Academic Medical...

May 13, 2025

Mitigating the Risks Associated With the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (ECOA) and associated fair lending laws are critical to ensuring that discrimination does not occur in consumer lending. Despite the significant reduction in operations at the Consumer Financial Protection Bureau (CFPB) under the current administration, ECOA and other fair lending laws remain fully in effect and other federal agencies and the Department of Justice continue to conduct examinations...