February 18, 2025

CFPB Functions Paused: Fintechs Must Still Comply

Directives from the acting director of the Consumer Financial Protection Bureau (CFPB) bought the CFPB's supervisory, examination, investigations, communications, and enforcement functions to a halt on February 10, 2025. While this measure is promoted to reduce regulatory burdens, compliance with existing consumer protection rules is still required. CFPB issued a final rule in November 2024 which applies to big technology...

February 18, 2025

Product Recalls of Drugs and Medical Devices

This practice note explains the legal and regulatory scheme for recalls of pharmaceuticals and medical devices, including the role of the FDA, and includes practical tips for conducting a recall. Read now » Related Content FDA Warning Letters Tracker Use this curated tracker to monitor trends in FDA warning letters and enforcement activity affecting your FDA-regulated clients Practical Guidance Updates...

February 18, 2025

Show Me the Money: New Pay Transparency Legislation Tracker

Do you need to keep track of proposed and enacted legislation concerning pay disclosure in job postings, salary history inquiry bans, and prohibitions on employers restricting employees from discussing compensation? Review and set an alert on our newly published Pay Transparency Legislation Tracker . Read now » Related Content Pay Disclosure and Transparency Requirements for Job Postings State and Local...

February 18, 2025

Do Your Due Diligence: Open Source Software Checklist

Use this checklist to review the essential elements an acquirer should consider when conducting due diligence of a target company's open source software, policies, and practices. The checklist provides guidance on examining open source software currently in use, evaluating compliance with open source licenses, assessing existing open source license policies, and identifying legal risks. Read now » Related...

February 18, 2025

Unlike When you Were a Kid, Batteries are Increasingly Included

The fact is that renewable energy is viewed as an intermittent source of power because the sun is not always shining, and the wind is not always blowing. However, what happens when you add battery backup to the renewable energy mix? That’s what some states are now requiring for all new commercial buildings. Review our Construction Issues in Energy Storage practice note to help your clients understand the ins-and...

February 18, 2025

Sustainable Success: How Loans are Aligning with Environmental Goals

Discover how sustainability-linked loans are transforming the finance industry by aligning financial incentives with environmental goals. Dive into our latest practice note to explore recent trends and learn how these innovative financial instruments can drive positive change for your clients and the planet. Don’t miss out on this essential read for forward-thinking finance professionals! Read now » Related...

February 18, 2025

Privacy and Cybersecurity Policy Changes to Watch in 2025

Experts say shifting federal privacy priorities, states' continued influence on privacy, enhanced cybersecurity standards, and an evolving AI policy landscape are some of the policy changes to look out for in 2025. Read now » Related Content Trump Transition Resource Kit Stay up to date on the latest executive orders and follow significant changes being implemented across the domestic and global spectrum...

February 18, 2025

Hot off the Press! Services Agreement Playbook for your Legal Team

Get this guidance for negotiating a services agreement between a service provider and customer. This playbook includes key provisions, alternative language, and guidance that favor the customer. Read now » Related Content Outsourcing Master Services Agreement Drafting Read about drafting outsourcing master services agreements. Outsourcing: Scope, Service Levels, Risk Allocation, and Price Learn about...

February 18, 2025

Franchise Taxes: A Tax for the Privilege of Existing within a State

Virtually every state has some type of franchise tax or fee that is imposed on domestic and/or foreign corporations as part of the cost of doing business in the state. The measure of franchise taxes varies from state to state. While some franchise taxes are measured by nominal or actual value using authorized capital stock or issued capital stock as the tax base, others are measured by earnings, with net income as the...

February 18, 2025

Are Housing and Construction Impacted by the New Executive Orders?

Check out Practical Guidance’s tracker to learn about Trump administration executive orders affecting housing and construction. Our tracker is updated regularly and provides links to the relevant order in the Federal Register; the date, number, and title of each order; and a summary of the relevant provisions affecting the housing or construction industry. Read now » Related Content Construction Resource...

February 18, 2025

De-SPAC Clause: No Business Activities Representation

In most deals, buyers and sellers operate active businesses with a variety of assets and liabilities. But occasionally, particularly in transactions involving special purpose acquisition companies (SPACs), a blank-check company is a party to the deal and has no business operations, assets, or liabilities. To ensure the contracting party’s compliance with financial reporting and other regulatory requirements, the...

February 18, 2025

Product Recalls of Drugs and Medical Devices

This practice note explains the legal and regulatory scheme for recalls of pharmaceuticals and medical devices, including the role of the FDA, and includes practical tips for conducting a recall. Read now » Related Content FDA Warning Letters Tracker Use this curated tracker to monitor trends in FDA warning letters and enforcement activity affecting your FDA-regulated clients Practical Guidance Updates...

February 18, 2025

Product Recalls of Drugs and Medical Devices

This practice note explains the legal and regulatory scheme for recalls of pharmaceuticals and medical devices, including the role of the FDA, and includes practical tips for conducting a recall. Read now » Related Content FDA Warning Letters Tracker Use this curated tracker to monitor trends in FDA warning letters and enforcement activity affecting your FDA-regulated clients Practical Guidance Updates...

February 18, 2025

Product Recalls of Drugs and Medical Devices

This practice note explains the legal and regulatory scheme for recalls of pharmaceuticals and medical devices, including the role of the FDA, and includes practical tips for conducting a recall. Read now » Related Content FDA Warning Letters Tracker Use this curated tracker to monitor trends in FDA warning letters and enforcement activity affecting your FDA-regulated clients Practical Guidance Updates...

February 18, 2025

Product Recalls of Drugs and Medical Devices

This practice note explains the legal and regulatory scheme for recalls of pharmaceuticals and medical devices, including the role of the FDA, and includes practical tips for conducting a recall. Read now » Related Content FDA Warning Letters Tracker Use this curated tracker to monitor trends in FDA warning letters and enforcement activity affecting your FDA-regulated clients Practical Guidance Updates...

February 18, 2025

Earthquakes, Fires, Floods, and Plague: Natural Disasters from Here to L.A.

Peruse the Natural Disaster Response Resource Kit, which offers guidance across multiple practice areas addressing planning and response for handling natural disasters. Read now » Related Content Parametric Insurance: Addressing the Gaps in Traditional Coverage Learn about the origins of parametric insurance, the operation of claims payment and trigger events, details about the coverage both in the United...

February 18, 2025

I’m Ready for My Close-Up: The “Glossy” Annual Report

A glossy annual report is a document containing key corporate information to be distributed to shareholders in advance of a publicly held company's annual meeting. Glossy annual reports should not be confused with annual reports on Form 10-K, which is the annual report that must be filed with the SEC by U.S. reporting companies. While a glossy annual report will generally contain less detailed information than an...

February 18, 2025

Registration Exemptions under Texas Law

Unless covered by an exemption, securities offerings and sales in the state of Texas must be qualified by the state. Apart from the standard exemption for covered securities, Texas exempts certain offerings based on the offering size, purchasers, and other criteria. This practice note explains the following exemptions from qualification: (1) private limited offering exemption, (2) intrastate offering exemption, (3) oil...

February 18, 2025

Revolutionize Your Practice: AI in Attorney-Client Management

Discover how artificial intelligence (AI) can revolutionize your legal practice with our expert-authored practice note How to Use AI to Manage the Attorney-Client Relationship . Our expert offers practical insights on integrating AI into law firm management, enhancing transparency and efficiency. By clearly defining client expectations and utilizing AI tools, you can ensure you meet and exceed these expectations and improve...

February 18, 2025

Now That’s What I Call Bankruptcy!

As we tackle this new year, we should remember the not-so-distant past of 2024. Check out this expertly drafted article that looks back on 2024 bankruptcy cases and notable bankruptcy rulings. Read now » Related Content Bankruptcy Rule Amendments Chart (December 2024) Review this chart for details on the substantive December 2024 amendments to the Bankruptcy Rules. Mass-Tort Bankruptcies Read this...

February 18, 2025

The Revised HSR Rule Goes Live (For Now)

On February 10, 2025, the revised HSR Rule went into effect after the statutory 90-day Federal Register publication waiting period lapsed. All HSR filings will now have to conform to the revised Rule. The revised Rule is widely seen to increase filing requirements and burdens on filing parties. Notably, the final Rule overhauls both the form and instructions for HSR filings. The final Rule requires the submission of...

February 15, 2025

What’s New in Practical Guidance – January 2025 Updates

In January 2025, Practical Guidance introduced a comprehensive array of new resources and updates across various legal practice areas, reflecting the dynamic nature of the legal landscape. This release is designed to equip legal professionals with the latest tools and insights necessary to navigate complex legal challenges effectively. To view these resources, sign in or take a free trial today! Cross-Practice Areas...

February 11, 2025

Don’t Disregard Me: Purchase and Sale of Disregarded Entities

A business entity that is treated as a disregarded entity for tax purposes is generally ignored for U.S. federal income tax purposes even though it is a separate legal entity for state law purposes. While disregarded entities offer significant advantages to the efficient creation and operation of a business, they bring with them a variety of additional tax considerations on their purchase or sale. For example, an owner...

February 11, 2025

Compliance Programs for Healthcare Providers

Check out this practice note from Practical Guidance – Healthcare to understand the structural elements of a compliance program and plan for a healthcare entity. You will learn about the critical elements of a plan, the substantive legal issues these compliance plans cover, a plan's education and monitoring functions (including the use of Centers for Medicare & Medicaid Services and Internal Revenue Service...

February 11, 2025

Unlock Predictable Income Streams: A Guide to Recurring Revenue Financing

Don’t miss out on insights that could transform your financial strategies! Review this new practice note by A&O Shearman providing guidance for lenders and borrowers entering into or considering recuring revenue-based financing. This practice note discusses the development of recurring revenue financing, the structure of recurring revenue financing as compared with cash flow financing, and recent trends in recurring...