February 11, 2025

Building on Shifting Ground: How Trump's Executive Orders Are Shaking Up the Construction Industry

This client alert digest discusses the flood of executive actions issued by President Trump during the first week of his second presidency and their profound effect on the construction industry. Immediate impacts potentially include cost increases and delays arising from tariffs on imports, immigration policies impacting the construction workforce, and the end of regulations and subsidies relating to climate change. ...

February 11, 2025

Exemptions from the Securities Qualification Requirements under California Law

Unless covered by an exemption, securities offerings and sales in California must be qualified by the state. Apart from the standard exemption for covered securities, state- or federally-guaranteed securities, and interests in a national bank or California trust company, California exempts certain offerings based on the offering size, purchasers, offering plan type, and other criteria. This practice note explains these...

February 11, 2025

Security for Your Commercial Real Estate Transaction

Standby letters of credit are often used to provide security in commercial leases, secure construction requirements, or secure obligations assigned in commercial purchase and sales. They differ from commercial letters of credit because funds are drawn only in default situations. Check out this practice note for more information on standby letters of credit. Read now » Related Content Commercial Real Estate...

February 11, 2025

Critical Considerations for Private M&A: Checklist for Success

In today's fast-paced M&A landscape, clients rely on their deal counsel to possess a comprehensive understanding of transactional negotiations, encompassing the full range of typical buyer and seller positions. Accordingly, counsel will need to efficiently deploy their expertise to quickly solve problems and provide timely insight as the deal evolves. Our checklist offers a strategic overview of essential negotiating...

February 11, 2025

Cure-All Guidance: Drafting Effective California PTO and Sick Leave Policies

Do you need guidance on structuring paid time off and paid sick leave policies covering fundamentals from basic policy elements (like accrual schedules, carryover rules, and usage requirements) to complex compliance issues under California laws? Review our newly published practice note, Paid Time Off (PTO) and Sick Leave Policies: Key Drafting Tips (CA) , by Y. Douglas Yang of Sheppard, Mullin, Richter & Hampton LLP...

February 11, 2025

It’s Been Such a Long-Time: Addressing Long-term Part-time Employee Issues in Retirement Plans

Beginning in 2024, the SECURE Act rules required employers to allow covered long-term part-time (LTPT) employees to participate in the deferral feature of a 401(k) plan once these employees met applicable age and service thresholds, now requiring just 500 hours of service in an eligibility (and vesting) period. The SECURE 2.0 Act LTPT employee rules (extending coverage to ERISA-governed 403(b) plans and reducing the applicable...

February 11, 2025

A National Bitcoin Reserve

Is the U.S. financial system ready for a national bitcoin reserve? While a few states have proposed or passed state-level bitcoin reserve legislation, with more states anticipated in the future, legislation and regulatory clarity remain key challenges at the federal level. Momentum is building, driven by several benefits of a bitcoin reserve, with the most notable being the advancement of financial innovation and stability...

February 11, 2025

Ready to file a trademark infringement suit? Make Sure With This Checklist

This checklist addresses issues counsel should consider before filing a trademark infringement suit, including investigating the merits of the claims, verifying standing to sue, selecting the appropriate defendants and venue, and considering costs. Read now » Related Content Trademark Infringement and False Designation of Origin Claims, Remedies, and Defenses Review this practice note for an overview of...

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...

February 11, 2025

Federal Privacy Legislation Tracker

Check out our latest tracker covering privacy-related federal legislation proposed after January 1, 2025. Topics include consumer privacy, workplace privacy, health privacy, financial privacy, children's/educational privacy, and governmental privacy obligations. Read now » Related Content Federal Trade Commission (FTC) Consumer Privacy Enforcement Tracker Catch the highlights of key recent enforcement...

February 11, 2025

New video alert! Reviewing indemnification clauses

Learn the basics of reviewing indemnification clauses. Indemnification provisions can be one of the most hotly negotiated clauses in a transaction, and for good reason. Topics covered in this short video include the difference between the duty to defend and the duty to indemnify, what losses and liabilities should be included or excluded from a provision, and who should be covered by the indemnity. Watch now »...

February 11, 2025

Master the Hybrid Hustle: Seven Tips for Law Firm Success!

Unlock the secrets to thriving in a hybrid work environment with our latest expert-authored practice note, Working from Home: 7 Tips for Law Firm Associates . As remote work becomes the norm, law firm associates must adapt to maintain productivity and efficiency. This practice note offers seven essential strategies to help you excel, ensuring you not only meet but exceed your billable hour targets. Discover how to navigate...

February 11, 2025

Bankruptcy Bid Procedures: When the Only Thing Faster Than the Sale is the Speed of Objections

You represent a party objecting to the bid procedures proposed in connection with the sale of a bankruptcy debtor's assets. Parties may object to a debtor’s bid procedures for a variety of reasons, including excessive bid protections and a quick timeline for the sale. Use this Practical Guidance template when drafting an objection to the debtor’s bid procedures. Read now » Related Content ...

February 04, 2025

Solar Law Court Rulings Tracker Allows You to Stay Ahead of the Litigation Curve

Litigation involving prospective solar farm developments isn’t new—especially as solar projects get smaller and move to the community and local level. But litigation claims and tactics in those matters are constantly shifting and are often based on local zoning and other ordinances. Stay ahead of the litigation curve by reviewing our solar law court rulings tracker, which covers recent nationwide court opinions...

February 04, 2025

Tariffs Abound: Taking Stock of Tariffs in International Trade and Taxation

For tax practitioners, understanding tariffs is one of the keys to unlocking the complexities of international trade. Tariffs not only shape the cost structure of imported goods but also ripple through pricing strategies, supply chain decisions, and overall business operations. They can significantly influence the tax liabilities of businesses involved in global commerce, making precise tax planning and compliance essential...

February 04, 2025

Guaranteeing a Real Estate Acquisition Loan?

Lenders typically underwrite commercial real estate loans based on the borrower’s creditworthiness and the collateral real property’s value. To mitigate the risk of a loan not being paid, lenders may require a borrower to have one or more guarantors on the loan. Check out this discussion of common types of guaranties required by commercial real estate lenders. Read now » Related Content Guaranty...

February 04, 2025

Hey, Give it Back! That Asset Went into the Wrong Pocket!

A wrong pockets clause is a covenant in acquisition agreements used to ensure that funds/receivables, rights or other assets, or liabilities that are discovered or received by one party after closing, which should or would have been or were intended to be transferred to the other party at closing, are so transferred. These assets or liabilities, which can vary from and include cash or cash equivalents, tangible assets...

February 04, 2025

Adverse Event Reporting for Pharmaceuticals

See this practice note for a discussion of adverse drug event reporting responsibilities in the pharmaceutical industry. The note provides guidance on creating a framework for compliance with U.S. Food and Drug Administration (FDA) requirements. Read now » Related Content FDA Food and Dietary Supplements Regulatory Activity Tracker Check this curated tracker regularly to monitor trends in the FDA’s...

February 04, 2025

When Jack Hits the Road and Brings a Claim: Constructive Discharge in Employment Litigation

Do you need guidance on constructive discharge in federal employment litigation, including the standards an employee must meet to establish a constructive discharge claim and the employers’ potential defenses? Review our newly published practice note, Constructive Discharge in Employment Litigation . Read now » Related Content Employment Litigation Resource Kit Access links to Practical Guidance content...

February 04, 2025

Lights, Camera, Legal Action: Navigating Scripted TV Production

Get a backstage pass to the development, production, and distribution of a television series and the essential legal agreements that underpin them. This guide is your go-to resource for ensuring a smooth production and empowering your clients with the legal insights they need to shine in the spotlight! Read now » Related Content Motion Picture Production Resource Kit Review a collection of resources for...

February 04, 2025

Caught in the Long Tail: Single-Year, Multi-Year, and Multi-Policy Insurance Disputes

Learn about issues that can arise for insureds and insurers when insurance policies of various durations are called upon to answer for claims and when multiple insurance policies may also apply. Read now » Related Content Allocation of Latent Injury and Damage Claims State Law Survey Examine the method used across the 50 states and the District of Columbia for allocating damages for latent bodily injury...

February 04, 2025

Consumer Account Disclosure Regulations: A State-by-State Comparison

Consumer account disclosures are mandated under state law to ensure transparency into product rates, fees, and other charges from financial institutions. Practical Guidance offers a Consumer Account Disclosures topic in the Financial Services Regulation State Law Comparison Tool. The question and answer series offers comprehensive guidance on required account disclosures across 15 U.S. states​. More states are anticipated...

February 04, 2025

New AI Provisions in Credit Agreements Tracker!

Stay ahead of the curve and explore how artificial intelligence (AI) is reshaping the landscape of credit agreements—this new tracker identifies provisions in credit agreements that address AI. Parties to credit agreements have started including provisions addressing AI for various reasons, including how AI may impact the borrower’s business or general AI covenants. This tracker will add analysis of new publicly...

February 04, 2025

Wildfire Relief: Retirement Plan-Disaster Distributions Permitted Without 10% Penalty

Among the many SECURE 2.0 Act changes, Section 331 allows retirement plans (401(k), 403(b), and 457(b) plans) to make in-service qualified disaster recovery distributions to participants stricken by a qualified disaster. Distributions up to $22,000 to a qualified individual (whose principal place of abode is within a federally declared disaster area) are permitted on or after the first day of the incident period of a...

February 04, 2025

127 Bills and Counting! Keep Up with 2025 Artificial Intelligence Legislation

Check out our latest tracker including state and federal legislation related to the use of artificial intelligence (AI) proposed or active after January 1, 2025. Topics include consumer privacy, consumer protection, elections, financial services, intellectual property, employment, government, healthcare, insurance, social media, and tax. Read now » Related Content Federal Privacy Legislation Tracker Keep...