April 01, 2025

Debt Counseling and Consolidation

The Consumer Finance Protection Bureau (CFPB) oversees consumer protection laws in debt-related services to ensure fair and transparent practices, as well as safeguard consumer rights. State level efforts complement federal oversight by providing guidance and interpretations on debt counseling and consolidation. Potential risks, including fraud, hidden fees and credit reporting violations, are commonly associated with...

April 01, 2025

Discover: Key State Laws on Medicaid Successor Liability

Check out this state law survey from Practical Guidance – Healthcare to get an overview of laws and regulations addressing outstanding liability to Medicaid programs after the sale of a provider's assets. Issues covered by the survey include whether state law assigns liability to a current owner, a previous owner, or joint liability and any audit and notification requirements related to successor liability....

April 01, 2025

April Fool’s-Proof Coverage: Manage Construction Risks Through Commercial General Liability Insurance

Learn how to specify the insurance to be obtained in a building contract so coverage for construction risks is maximized. Read now » Related Content Builders Risk Insurance and Its Use in Construction Projects Discover the unusual characteristics of builder’s risk insurance and how features of the coverage differentiate it from other commercial policies that can afford some, but not identical, protection...

April 01, 2025

Trademark Tactics: Pre-suit Considerations in Trademark Infringement Litigation

Review the key issues plaintiff's counsel should consider before filing a federal trademark infringement lawsuit. Understand the extent of your client's trademark rights against an adversary before sending a cease and desist letter or filing a complaint. Read now » Related Content Trademark Enforcement Resource Kit Browse this resource kit providing an overview of trademark enforcement, including...

April 01, 2025

Circuit Court: Stay Informed with Our Artificial Intelligence Federal Litigation Tracker

Do you need to stay up to date with key legal developments in Artificial Intelligence (AI) litigation, including labor and employment claims involving AI? Review and set an alert on the Artificial Intelligence: Federal Litigation Tracker . Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Access current guidance on generative AI, including with respect to workplace issues. ...

April 01, 2025

Regulatory Due Diligence for Pharma Transactions

This practice note highlights critical regulatory issues to evaluate, questions to ask, and documents to review in deals involving drug products. Read now » Related Content Life Sciences Due Diligence Considerations in M&A Transactions Checklist Identify key considerations for M&A transactions in the U.S. life sciences industry. Practical Guidance Updates Featuring the latest updates from your...

April 01, 2025

Acquiring the Stock of an Entire Company from a Single Corporate Seller

The stock of a subsidiary or smaller corporation may be held by a single corporate entity. Where there is one stockholder, the representations and warranties about the seller and the company will be made by that corporate stockholder. Liability tends to be straightforward, although the buyer may require the owners of the corporate seller to stand behind representations, warranties, and indemnification obligations. Escrows...

April 01, 2025

Choosing Data Center Facilities

The number of data centers has increased across the country due to the growth of artificial intelligence, cloud computing, and data storage. When determining the ideal location for data center facilities, it is prudent to evaluate the location’s access to power and data fiber as well as its risks from climate change and natural disasters. Read this article to learn more about this topic. Read now » Related...

April 01, 2025

Please Sir! I Want to Keep More of What I Have: Focus on Senior Citizen Taxation (State and Federal)

As the population ages and more taxpayers live on fixed incomes, both federal and state governments face challenges in determining the appropriate level of taxation for retirees. For federal income tax purposes, retirement income is generally fully includable in a taxpayer's income, except for the portion representing a return of basis (after-tax contributions and Roth contributions/earnings). Social Security benefits...

April 01, 2025

To Lease or To Buy—That is the Question!

Gain an understanding of legal and business issues and concerns that should be considered when determining whether to lease or buy equipment. Learn about some of the key benefits and potential detriments that may exist or arise when leasing and/or purchasing equipment for a business. Read now » Related Content Master Equipment Lease Agreements Unlock the benefits of equipment leasing with our comprehensive...

April 01, 2025

Everything an In-House Bankruptcy Attorney Needs

In-house counsel may advise internal clients on bankruptcy matters and non-bankruptcy alternatives. Check out this resource kit for a collection of Practical Guidance materials covering many of the tasks and issues that in-house attorneys regularly address when the client is filing for bankruptcy or when the client is a lender, supplier, customer, or other interested party to a company that files bankruptcy. Read now...

April 01, 2025

Jurisdiction Jolt: Supreme Court's Ruling Sparks New Legal Tactics

Discover how the U.S. Supreme Court's landmark decision in Royal Canin U.S.A., Inc. v. Wullschleger reshapes removal jurisdiction and influences legal strategies. This pivotal ruling addresses the complexities of amending complaints to shift cases between federal and state courts, offering a fresh perspective on jurisdictional "snapshots." Dive into Jim Wagstaffe’s article for insights that could transform...

March 25, 2025

Empower Your Bankruptcy Practice: Essential Tools for Consumer Cases

Unlock the full potential of your consumer bankruptcy practice with our exclusive resource kit! Dive into Practical Guidance materials designed to streamline your casework and provide invaluable insights for representing your clients. Don't miss out on these essential tools—click to access now! Read now » Related Content Chapter 7 Liquidation Review this practice note for the requirements for and...

March 25, 2025

Insider Tips for Engaging Boards and Execs: Strategic Briefing Hacks

Navigating ongoing litigation requires a strategic approach, especially when briefing senior management and boards. Our expert-authored practice note provides essential guidance on presenting the litigation process, fiduciary duties, risk management, budgeting, and more to senior management and the executive board. Keep your client informed to maintain trust and satisfaction. Access the full practice note to enhance your...

March 25, 2025

Blue Sky Regulations (MD)

When making a securities offering that is not exempted from state registration requirements or preempted by federal securities laws, issuers are required to follow the qualification rules of each state in which they make the offering. While there are broad similarities among methods of qualification among various states, there can be significant variation from state to state. Review this guidance for the forms, fees,...

March 25, 2025

Essential Information for Negotiating and Drafting Sales and Purchase Agreements

Learn about critical terms and provisions essential to negotiating and drafting a sale of goods agreement. Areas covered include pricing and payment terms, intellectual property rights, confidentiality and date protection, liability, indemnification, and term and termination. Read now » Related Content Contracts for Goods or Services Highlight the importance of well-crafted contracts in global commerce with...

March 25, 2025

Senators Again Push Bill to Boost Online Protections for Teens

Two U.S. senators have revived a longstanding legislative proposal that would expand digital privacy protections to cover teens between the ages of 13 and 16, ban targeted advertising to minors, and require companies to enable the erasure of underage users' personal information. If enacted, the reintroduced Children and Teens' Online Privacy Protection Act would be the first major update to the rules governing...

March 25, 2025

Making Wise Use of an ERISA Plan Investment Committee

Plan sponsors have a fiduciary obligation to prudently select and manage the investment options they offer participants in a retirement plan, and the obligation is under special scrutiny by participants in a plan with participant-directed investments. Plan sponsors often establish an investment committee that is responsible not only for selecting, but also monitoring, plan investment options, on a periodic basis, to be...

March 25, 2025

Navigating the Global Financial Landscape: Key Resources for Attorneys

Unlock the complexities of cross-border financing. This resource kit provides an overview of these international deals encompassing a variety of structures, including loans to non-U.S. borrowers and guarantees or security interests granted by non-U.S. loan parties. Don’t miss out on essential tips to enhance your practice and stay ahead in the global market! Read now » Related Content Cross-Border...

March 25, 2025

ATM Regulations State Law Survey

Automatic teller machine (ATM) regulations ensure consumer protection, security, and accessibility. Innovations in digital banking and mobile payments are prompting regulators to adapt policies to keep pace with technological advancements and consumer needs. Explore this U.S. 50 state, District of Columbia, and U.S. territories law survey for key ATM regulations including fees, restrictions, and disclosures. Read now...

March 25, 2025

HIPAA Hooray! Check Out This Data Use Agreement

Check out this template from Practical Guidance – Healthcare that may be used by a covered entity subject to the Health Insurance Portability and Accountability Act (HIPAA) and a third-party researcher to whom the covered entity may disclose a limited data set for research, public health, or healthcare operations. The template includes guidance, drafting notes, and alternate clauses. Read now » Related...

March 25, 2025

Stop! In the Name of Compliance: Ain’t No Mountain High Enough to Escape Enforcement Actions

Learn about the proceedings that state insurance regulators may bring against insurers for violating provisions of a state insurance code or administrative regulations. Read now » Related Content Creating and Maintaining Good Relationships between Regulators and Insurers Review actions insurers and their attorneys should take and important considerations upon which an insurer must focus during the course...

March 25, 2025

Estoppel Essentials: Navigating IPR and Post-IPR Patent Challenges

Read this practice note for key insights on effectively navigating estoppel under 35 U.S.C. § 315(e) and its impact on inter partes review (IPR) and post-IPR strategy, including considerations in deciding whether to petition for IPR, the impact of estoppel on how to draft a petition, and the implications of estoppel on future patent litigation. Read now » Related Content Coordinating PTAB Proceedings...

March 25, 2025

Missed Steps/Missteps: Exhaustion of Administrative Remedies under Federal Discrimination Laws

Do you need guidance on the requirement that plaintiff employees exhaust administrative remedies under federal employment discrimination laws? Read our newly published practice note, Administrative Exhaustion and Statutes of Limitations (Employment Discrimination) , by Matthew J. Gagnon of Ogletree Deakins. Read now » Related Content Title VII Compliance Issues Learn best practices for complying with Title...

March 25, 2025

Wholesale Drug Distributor Licensing State Law Survey

This state law survey covers key issues related to operating wholesale drug distributors in the 50 U.S. states and District of Columbia, including products regulated, licensing requirements, and designated representative requirements. Read now » Related Content General Drug Labeling Checklist Understand general labeling requirements for drugs sold and marketed in the United States. Practical Guidance...