What's New in Practical Guidance - August 2024 Updates

It's an exciting month here at Practical Guidance, with a host of new resources and updates across multiple practice areas. Let's dive into the highlights:

Bankruptcy

New Trackers and Updates

• New DIP Financing Interest Rate Tracker - identifies the interest rates for DIP financing credit agreements that were filed with the SEC since January 2023.
• New DIP Financing Fee Tracker – identifies fees in DIP financing credit agreements that were filed with the SEC since January 2023.
• New Third-Party Release Tracker (Post-Purdue Pharma) - identifies cases in which the requested third-party releases implicate the Supreme Court’s ruling in Purdue Pharma.
• Updates to Mega Chapter 11 Filings Tracker (2024) (9 new Megas in August), Subchapter V Decision Tracker, Law Firm Rates Tracker (Debtor Professionals Mega Bankruptcies), Debtor Professionals Mega Tracker, and DIP Financing Key Terms Tracker.

New State Law Comparison Tool Topic:

• SLCT for UCC Article 9 sales is live with the following jurisdictions: UCC Article 9 Sales (FL), UCC Article 9 Sales (MD), UCC Article 9 Sales (OR), and UCC Article 9 Sales (TX). Connecticut and Washington are coming soon!

Civil Litigation

New Artificial Intelligence Content

• JAMS Rules for Arbitrations Involving AI Systems Checklist walks through new JAMS Rules governing arbitrations involving artificial intelligence systems, including specific rules for critical topics such as:
  • Discovery
  • Hearings –and–
  • Arbitration awards

Expert Article on Diversity in ADR

• How to Increase ADR Neutral Diversity provides practical tips for increasing neutral diversity in ADR proceedings to improve client outcomes and promote inclusion in the legal profession.
• Written by Freda L. Wolfson (ret.), former Chief Judge of
• N.J. and current chair of Lowenstein Sandler’s ADR group

Corporate and M&A

Legal Developments

• M&A In The AI Era: Key Deal Terms to Watch
• 2024 Global M&A, Mega-Deal Values Outpacing 2023
• Resource Kit and Content
• M&A Resource Kit (IL)
• Corporate and M&A now has M&A resource kits for each of: CA, FL, NY, TX, IL State-specific guidance for planning, conducting, and closing M&A transactions and operating the target business in the state post-closing

AI Content

• Artificial Intelligence (AI) Considerations in Acquisition Agreements
• Market Trends H1 2024: Artificial Intelligence Provisions in M&A Agreements

Industry-specific Content

• Bank Acquisition: Confidential Supervisory Information Provision
• Bank Acquisition: Banking-Related Interim Operating Covenants

Data Security & Privacy

New Templates and Clauses

• Privacy Notice at Collection (CCPA/CPRA)
• Privacy Notice at Collection for California Employees (CCPA/CPRA)
• Notice of the Right to Opt- Out of the Sale or Sharing of Personal Information (CCPA/CPRA)
• Privacy Policy
• (Texas Data Privacy and Security Act (TDPSA) Compliant) 

Consumer Data Privacy Q&As

• Consumer Data Privacy (NE)
• Consumer Data Privacy (NJ)

New Cybersecurity Content!

• Malware and End User Attacks:
• Overview
• Hacking and Network Intrusion: Overview
• Center for Internet Security (CIS) Controls: Overview

Environmental Content

We continue to expand our Environmental offering across practice areas. Be sure to check out these recently published environmental items:

• Recycling/Solid Waste Management State Law Survey
• Brownfield Reclamation and Redevelopment Funding State Law Survey
• As Temperatures Rise, Lawmakers Eye More Heat Protection for Workers
• Water Rights Law Resource Kit (Real Estate Owners) (National and Select States)
• PFAS Liability Claims: Practice Pointers for Locating Old Insurance Policies Checklistt
• Blue Bonds
• Blue Loans
• Environmental Regulation of Energy and Utility Companies Now That Chevron Deference Has Ended: Client Alert Digest

Financial Services Regulations

New Tracker

Consumer Finance Innovations Regulatory Tracker provides regulatory and policy developments regarding innovation and advanced technologies in consumer financial services including big data, artificial intelligence (AI), and blockchain based solutions.

New Content

• FSR has expanded the State Law Comparison Tool topic Mortgage Servicing Fees to offer a complete set of Q&As for all 50 US States and the District of The Bank Service Company Act: The Curious Late Life of an Old Law is a timely practice note, written by James P. Bergin and Paul Lim of Arnold & Porter that highlights the Bank Service Company Act’s ongoing relevance and prominence in the regulation and examination of bank service companies.
• What’s Next for the Regulatory Landscape Post-Chevron is a key practice note authored by attorneys from Holland & Knight examining the Chevron ruling and impacts on a wide range of regulated industries.

New International Guides

• Financial Services Litigation in International Jurisdictions
• Financial Services Compliance in International Jurisdictions
• Risk and Compliance Management in International Jurisdictions

Healthcare

State Law Survey Addition

• Healthcare Transaction State Premerger Notification Requirements State Law Survey
  Provide up-to-date information on state laws and pending state legislation that impose premerger notification requirements on transactions (e.g., mergers, acquisitions, affiliations, or similar combinations) involving one or more healthcare providers.

Policy Addition

• Government Investigations Policy and Procedure (Hospitals and Health Systems)
  Ensure your healthcare clients and their workforce members comply with requests from government entities, including law enforcement agencies. Outline procedures for responding to both formal and informal requests. Advocate compliance while safeguarding patient privacy rights.

Labor and Employment

AI Workplace Developments:

• AI in Employment Decisions and Performance Management: Key Legal Issues and Potential Risks and Benefits. This practice note, by Damon Silver, Gregory Brown, Jr., and Cindy Huang, Jackson Lewis P.C., addresses potential legal and business risks stemming from the use of AI tools to make employment decisions and manage employee performance.

Labor-Management Relations Corner

• Collective Bargaining Negotiations under the National Labor Relations Act: Key Considerations and Best Tracking Practices for Employers. This practice note, by Rebecca Bernhard and Jennifer Service, Barnes & Thornburg, provides guidance on certain key legal issues related to the collective bargaining process and practical information about how those issues arise during negotiations of collective bargaining agreements (CBAs). The final section provides guidance to management-side attorneys on how to best track all key aspects of the collective bargaining process.

Real Estate

Legal Trends And Hot Topics

• Commercial-to-Residential Real Estate Conversion in New York City: Challenges and Considerations
  Housing shortages and reduced demands for commercial office space following COVID has increased commercial-to- residential conversions. The article highlights challenges in NYC and includes many issues applicable to any municipality.
• Manufactured Housing (CA)
  Discussion of acquisition, development, operations, and subdivision of manufactured housing communities, also known as mobile home parks (‘’MHCs’’ or ‘’parks’’). Focuses on California laws, also discusses issues applicable to most jurisdictions.
• Disaster Management Guidance (Commercial Real Property Owners)
  Key considerations for real property owners, managers, and governing bodies in preparing for and responding to both natural and human-created disasters including casualty loss, natural disaster, cyberattack, and criminal or terrorist act.
• C-PACE Financing: Exploring the Benefits and Risks
  Discussion of Commercial Property Assessed Clean Energy (C-PACE) financing legislation available in nearly 40 states, and considerations for borrowers and lenders.

More Topics

• ASTM E1527-21 Standards for Phase I Environmental Site Assessments
• Chicago’s Cooling Ordinance for Residential and Commercial Real Estate Checklist

Commercial Transactions

New Content Additions

• SLCT – Fraud (New JX)
  IN, OR, CT, AL, OK
• SLCT – Breach of Fiduciary Duty (New JX)
  MA, MI, NJ
• Breach of Fiduciary Duty: Cause of Action (New Content)
  CA, DE, FL, IL, MA, NJ, NY
• Breach of Fiduciary Duty: Pleading a Claim Checklist (New Content)
  CA, DE, FL, IL, MA, NJ, NY

Construction

New Content

• Brownfield Reclamation & Redevelopment Funding State Law Survey
• Construction Case Law Tracker (Q3 2024)
• Recycling/Solid Waste Management State Law Survey
• Environmental Regulation after the End of Chevron Deference: Client Alert Digest

EBEC

New Content

• Cybersecurity and Data Security Risk Management Strategies for ERISA Plan Fiduciaries
• Significant Employee Benefits and Executive Compensation Issues in Corporate Transactions Checklist

Legal Developments

• The 2025 Required Annual Benefit Notices to Employees 
• The New Fiduciary Rule: The Regulation and Exemptions are Stayed 
• 401(k)ology – Plan Governance: Plan Sponsor vs. Fiduciary and Committee Roles and Responsibilities

Federal Government

New Content

• Intellectual Property for Federal Government Attorneys Resource Kit
• Family and Medical Leave Act Rules for Federal Government Employees
• Privacy Act of 1974 Health and Safety Protected and Permitted Disclosures Checklist
• Federal Employment Adverse Actions Under Chapter 75 Checklist

Legal Developments

• Nationwide Injunction on Sections of Davis-Bacon Act Final Rule Affects Government Contracts and Grants
• As Temperatures Rise, Lawmakers Eye More Heat Protections for Workers

Finance

New Content

• Market Trends 2023/24: Commitment Letter Term Sheet Provisions
• Market Trends 2023/24: Commitment Letter Provisions
• Market Trends 2023/24: Commitment Letters for Acquisition Financing
• UCC Financing Statements Checklist
• Municipal Liquidity Facilities and the “101s” of a Municipal Bond Offering
• Blue Loans
• Blue Bonds
• Leveraged Dividend Recapitalizations Video
• Structuring Issues in Leveraged Acquisitions Video
• ERISA Considerations in Credit Agreements Video
• Drafting Security Agreements Video

Healthcare

• Financial Assistance Policy Compliance Checklist (Hospitals and Health Systems)
  Comply with I.R.C. § 501(r)(4), which requires that nonprofit hospitals and healthcare facilities establish a financial assistance policy (FAP) for emergency and other medically necessary care to support patients who are unable to pay for that care.

• HIPAA Qualified Protective Order
  Use this template, which conforms to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. No. 104-191, in federal court proceedings to obtain protections when introducing protected health information (PHI) in litigation.

Labor & Employment

New Content

• Revisions to the Cal/OSH Act: Compliance Requirements Practice Note
• Separation Release Clauses for all 50 states and the District of Columbia
• Marijuana Issues for Employers (CA)

Real Estate

• Seller’s Affidavit (Commercial) (Pro-Seller) (OK)
• Landlord and Tenant Rights and Remedies after Default (Commercial Lease) (OK) Tenants in Common Agreement (Short Form) (OK) 
• UCC Financing Statements, Fixture Filings, and Amendments (OK) UCC Financing Statements, Fixture Filings, and Amendments (IN) Forbearance Agreement (MI)
• Deed in Lieu of Foreclosure Agreement (Commercial) (Pro-Lender) (MI) Ground Lease (Short Form)(MI)
• Environmental Indemnification Agreement (Pro-Lender) (MI) Lease Termination Agreement (Commercial Lease) (MI)
• Owner’s Affidavit (Deed in Lieu of Foreclosure) (Commercial) (MI)
• Unanimous Written Consent of Members (Member-Managed Limited Liability Company, Acquisition and Financing) (MI)
• Unanimous Written Consent of Members (Member-Managed Limited Liability Company, Financing) (MI) Unanimous Written Consent of Members (Member-Managed Limited Liability Company, Sale) (MI) Written Consent of Manager (Manager-Managed Limited Liability Company, Sale) (MI)
• Written Consent of Manager (Manager-Managed Limited Liability Company, Acquisition and Financing) (MI) Written Consent of Manager (Manager-Managed Limited Liability Company, Financing) (MI)
• Memorandum of Lease (Ground Lease) (MI)
• Loan Modification Agreement (Commercial Real Estate) (Pro-Lender) (NC) Memorandum of Real Estate Purchase Option Agreement (Commercial) (NC) Deed in Lieu of Foreclosure Agreement (Commercial) (Pro-Lender) (NC) Ground Lease (Short Form) (NC)
• Environmental Indemnification Agreement (Pro-Lender) (NC) Lease Termination Agreement (Commercial Lease) (NC)
• Owner’s Affidavit (Deed in Lieu of Foreclosure) (Commercial) (NC) Recourse Guaranty (Acquisition Loan) (Pro-Lender) (NC)
• Deed of Trust (Acquisition Loan, Short Form) (Pro-Lender) (NC) Memorandum of Lease (Ground Lease) (NC)
• Security Agreement (Personal Property, Commercial Real Estate, Short Form) (NC) Owner’s Affidavit (Deed in Lieu of Foreclosure) (Commercial) (CT)
• Promissory Note (Acquisition Loan) (Pro-Lender) (CT) Seller’s Affidavit (Commercial) (Pro-Seller) (CT) Tenants in Common Agreement (Short Form) (CT)
• Security Agreement (Personal Property, Commercial Real Estate, Short Form) (CT) Mortgage (Acquisition Loan, Short Form) (CT)
• Post-Closing Occupancy Agreement (CT)
• Recourse Guaranty (Acquisition Loan) (Pro-Lender) (CT)
• Unanimous Written Consent of Members (Member-Managed Limited Liability Company, Acquisition and Financing) (CT)
• Unanimous Written Consent of Members (Member-Managed Limited Liability Company, Financing) (CT) Unanimous Written Consent of Members (Member-Managed Limited Liability Company, Sale) (CT) Written Consent of Manager (Manager-Managed Limited Liability Company, Sale) (CT)
• Written Consent of Manager (Manager-Managed Limited Liability Company, Acquisition and Financing) (CT)
• Written Consent of Manager (Manager-Managed Limited Liability Company, Financing) (CT) Covenant Not to Sue (Deed in Lieu of Foreclosure) (Commercial) (MI)
• Promissory Note (Acquisition Loan) (Pro-Lender) (MI)

Trust & Estates

• Deed to Trust (CT)
• Letter to Client (Enclosing Drafts of Wills, Trusts, and Accompanying Estate Planning Documents) (CT)
• Letter to Client (Funding and Administering a Third-Party Supplemental Needs Trust) (CT)
• Letter to Financial Institution (Transfer of Accounts to Revocable Trust) (CT)
• Revocation of Power of Attorney (CT)
• Charitable Lead Unitrust (IL)
• Advance Health Care Directive Checklist (IL)
• Joint Insurance Trust (Second-to-Die Life Policy) (IL)
• Community Property Agreement (LA)
• Release of Community Property Interest in Life Insurance Policy (LA)
• Transmutation Agreement (Recharacterization of Property) (LA)
• Charitable Lead Annuity Trust (Inter Vivos, Non-Grantor) (NJ)
• Letter to Executor (Administration Guidance) (NJ)
• Agent Certification (OH)
• HIPAA Release (OH)
• Transfer on Death Designation Affidavit (OH)
• Engagement Letter (Probate) (PA)
• Spousal Lifetime Access Trust (PA)
• Charitable Lead Unitrust (VA)
• Charitable Remainder Annuity Trust (CRAT) (VA)
• Charitable Remainder Unitrust (CRUT) (VA)
• Estate Planning Questionnaire (Married Clients) (VA)
• Estate Planning Questionnaire (Single Client) (VA)
• HIPAA Release (VA)
• Revocation of Transfer on Death Deed (VA)
• Tangible Personal Property Memorandum (VA)
• Transfer on Death Deed (VA)

Be sure to check the full update for new resources across other areas like Antitrust, Bankruptcy, Construction, Federal Government, Intellectual Property, and Tax. With these August additions, Practical Guidance continues providing practical, comprehensive resources to support your legal practice.