March 21, 2024

The New York LLC Transparency Act

By: Jonathan B. Wilson , TAYLOR ENGLISH DUMA LLP AND FINCEN REPORT COMPANY This article discusses the New York LLC Transparency Act (New York Act), and provides guidance on which entities must file reports thereunder, the information to be included, which entities are exempt from filing reports, and when reporting companies must amend previously filed reports. This note contrasts the New York Act with the federal Corporate...

March 20, 2024

Protecting Attorney-Client Privilege and Work Product in a GenAI World

By: Christopher Campbell and Antonious Sadek , DLA PIPER This checklist provides guidance for protecting attorney-client privilege and work product in the environment of generative artificial intelligence (AI). The checklist specifically gives an overview of AI uses in the law today, offers a brief summary of the attorney-client privilege and the work-product doctrine protections, raises attorney-client privilege...

March 19, 2024

New Publications Added to Lexis+^® and Lexis^®

New secondary materials released between November 2023 through January 2024 are featured in this listing. Top Selections California Evidence Advocacy in the Age of Statutes (Lexis+ / Lexis) and in the LexisNexis Store This text helps attorneys and other legal professionals develop an advocacy style suited for the “Age of Statutes.” Every chapter cites the relevant Code section by number and uses...

March 19, 2024

“World We Want” Podcast Features Efforts to Leverage Technology for Advancing the Rule of Law

LexisNexis Southeast Asia managing director Gaythri Raman discussed her unit’s initiatives leveraging AI-powered legal innovations to transform the legal business while supporting the advancement of the rule of law in a recent interview with Dr. Márcia Balisciano, Director of Corporate Responsibility at RELX Group, as part of the “World We Want” podcast series featured on the RELX Group SDG Resource...

March 19, 2024

Employee or Independent Contractor? The Department of Labor’s Final Rule

By: Laurie E. Leader , EDITOR-IN-CHIEF, BENDER’S LABOR AND EMPLOYMENT BULLETIN The U.S. Department of Labor (DOL) has published its Final Rule for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA). 1 The final rude, which went into effect on March 11, 2024, rescinds the independent contractor rule issued during the Trump Administration and replaces it with a standard...

March 19, 2024

Privacy Regulation in the United States

By: Kirk Nahra , Arianna Evers , Ali Jessani , Genesis Ruano , and Samuel Kane , WILMERHALE This article is intended to give privacy officers and other privacy professionals an overview of how commercial privacy issues are regulated in the United States. While this article is not intended to be exhaustive in terms of all potentially applicable U.S. privacy laws, it should provide privacy professionals with a general...

March 19, 2024

Artificial Intelligence (AI) in the Workplace Video

By: Katherine Smith and Emily M. Lamm , GIBSON DUNN This video outlines key considerations regarding artificial intelligence (AI) in the workplace. The video discusses how AI is being used across the employment lifecycle, legislative developments regarding AI in the workplace, and best practices to reduce the potential risks of using AI in the workplace. To advise developers and deployers of AI systems and tools...

March 19, 2024

How to Use AI to Manage the Attorney-Client Relationship

By: Ronald J. Levine , HERRICK, FEINSTEIN LLP This article provides guidance for the integration of artificial intelligence (AI) into law firm management and performance. With AI, clients will be able to monitor and evaluate their counsel’s activities in new and much more advanced ways. Accordingly, it will be even more important for the client’s expectations to be well-defined, and for attorneys to utilize...

December 08, 2023

Artificial Intelligence Investment: Risks, Due Diligence, and Mitigation Strategies

By: Shabbi S. Khan, Natasha Allen, David W. Kantaros, Chanley T. Howell, Graham P. MacEwan, and Avi B. Ginsberg, FOLEY & LARDNER LLP THIS ARTICLE DISCUSSES KEY CONSIDERATIONS IN MERGERS AND ACQUISITIONS (M&A) DUE DILIGENCE IN THE CONTEXT OF ARTIFICIAL INTELLIGENCE (AI) TECHNOLOGIES. Given the increasing prevalence and application of AI technology in many industries, purchasers of and investors in businesses...

December 08, 2023

Patent Protection for Artificial Intelligence and Machine Learning

By: Kirk A. Sigmon BANNER WITCOFF THIS ARTICLE DISCUSSES PATENTING ARTIFICIAL (AI), MACHING LEARNING (ML), AND RELATED INVENTIONS. It provides a high-level overview of AI and ML, offers tips for drafting a patent application directed to inventions relating to AI and ML, and discusses trends and strategies for handling prosecution of such inventions. AI Basics As a preliminary matter, it is important to distinguish...

December 08, 2023

Generative AI in Discovery: GPT Prompt Preservation and Production Best Practices

By: Rose J. Hunter Jones, Kassi R. Burns, and Meredith A. Perlman, KING & SPALDING THIS ARTICLE DISCUSSES BEST PRACTICES AND STRATEGIC INSIGHTS LITIGATORS SHOULD CONSIDER IN A FEDERAL COURT LITIGATION when dealing with discovery produced by generative artificial intelligence (GAI) tools. Since the launch of OpenAI’S ChatGPT 3.5 in November 2022, discussions about the use of GAI tools like ChatGPT have dominated...

December 08, 2023

Market Intelligence: Real Estate Insights Revealed in the Practical Guidance Private Market Data Survey

By: Practical Guidance Real Estate, Construction, and Finance Attorney Teams PRACTICAL GUIDANCE RECENTLY COMPLETED ITS ANNUAL PRIVATE MARKET DATA REAL ESTATE SURVEY. This survey, which ran from August 25 through September 30, 2023, asked nearly 80 real estate attorneys from across the country to identify trends in the real estate and construction markets based on their practice. Analysis of the survey results by the...

December 08, 2023

Generative Artificial Intelligence, Data Minimization, and Today’s Gold Rush

By: D. Reed Freeman Jr., ARENTFOX SCHIFF LLP THIS ARTICLE DISCUSSES THE PRINCIPLE OF DATA MINIMIZATION in the context of commercial applications of generative artificial intelligence (GenAI) technology and tools. In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and...

December 08, 2023

Market Intelligence: Labor & Employment Insights Revealed in the Practical Guidance Private Market Data Survey

By: Practical Guidance Labor & Employment Attorney Team PRACTICAL GUIDANCE RECENTLY COMPLETED THE ANNUAL PRIVATE MARKET DATA LABOR & EMPLOYMENT SURVEY, which ran from August 25 through September 30, 2023. This survey asked labor and employment attorneys from across the country to identify trends concerning settlements resolving employment discrimination, harassment, and retaliation claims in 2022 and 2023. ...

December 08, 2023

Generative AI in Litigation: 5 Key Considerations Before Using Generative AI

This infographic checklist provides an overview of five key considerations attorneys should keep in mind before using generative artificial intelligence (AI) apps, like ChatGPT, in their next litigation and, more broadly, in their legal practice. To find this article in Practical Guidance, follow this research path: Civil Litigation > Trends > Insights > First Analysis Related Content For...

December 07, 2023

Featured New Publications and Jury Instructions Added to Lexis+^® and Lexis^®

New secondary materials and jury instructions released between July through October 2023 are featured in this listing. Top Selections Family and Medical Leave Act (Lexis+ / Lexis) and in the LexisNexis Store Provides comprehensive coverage of FMLA, which Congress created to balance the needs of workplace and family. This treatise explains the facets of FMLA in an easy-to-understand manner for those working with FMLA...

December 07, 2023

LexisNexis Partners with Global Investigative Journalism Group to Support Rule of Law

AS WARS AND AUTHORITARIAN MOVEMENTS THREATEN THE RULE OF LAW ACROSS THE GLOBE, the existence of a robust press has become increasingly critical to the free flow of accurate information to the public. Recent seizures and detention of reporters in Russia have heightened awareness of the need to safeguard a free press. The LexisNexis Rule of Law Foundation has partnered with the Global Investigative Journalism Network...

August 25, 2023

Third LexisNexis African Ancestry Network Fellowship Projects Address Creation of Greater Equity and Accessibility in the U.S. Legal System

Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race. If you are interested in writing for Practical Guidance, please let us know through this Author Interest Form . THE LEXISNEXIS AFRICAN ANCESTRY NETWORK HAS announced the third group of 15 law students chosen to participate in the Lexis Nexis African Ancestry Network LexisNexis Rule of...

August 24, 2023

Wetlands Regulations: Considerations for Project Developers

Earlier this year, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers published a final rule 1 to revise the definition of waters of the United States. THIS ARTICLE DISCUSSES THE IMPACT OF THAT REVISION as well as considerations for developers contemplating the purchase or development of real property that contains or is likely to contain regulated wetlands. The presence of regulated wetlands...

August 24, 2023

Federal Environmental Regulations Affecting Oil and Gas Operations

By: Cameron Kinvig , PRACTICAL GUIDANCE ENERGY & UTILITIES ATTORNEY EDITOR This article provides you and your clients with an overview of the federal environmental regulation affecting the oil and gas exploration and production (E&P) industry. THERE IS SUBSTANTIAL ENVIRONMENTAL REGULATION of oil and gas E&P at the federal and state levels through the Environmental Protection Agency (EPA) and other agencies...

August 24, 2023

Sustainability-Linked Loans and Bonds

Sustainability-Linked Loans Overview Sustainability-linked loans are loans where the economic characteristics can vary depending on whether the borrower achieves ambitious, material, and quantifiable predetermined sustainability performance objectives. The borrower's sustainability performance is measured using predefined sustainability performance targets as measured by key performance indicators and which measure...

August 24, 2023

Private Credit Loan Transactions

By: M. Shams Billah , BARNES & THORNBURG LLP, NEW YORK This article discusses guidance for borrowers and private equity sponsors entering into private credit loans with nonbank lenders in the middle to lower-middle market space. The article also discusses the background and benefits of private credit transactions as compared to public credit, as well as best practices for approaching the private credit market...

August 24, 2023

Cautions and Legal Considerations of Using Generative AI in Healthcare

By: Sara Shanti, Phil Kim, Christopher Rundell, Arushi Pandya, and Elfin Noce , SHEPPARD MULLIN The use of generative artificial intelligence (AI) and machine learning (ML) in healthcare is developing at a fanatical and fascinating pace. BECAUSE THE CONSEQUENCES OF SUCH TECHNOLOGY are yet to be fully understood, thoughtful consideration of its use by industry stakeholders and users is necessary, especially with respect...

August 24, 2023

Drafting an ESG Disclosure Risk Factor Related to Greenhouse Gas Emissions

In recent years, the U.S. federal and state government, as well as governments around the world, have sought to control greenhouse gas emissions by imposing tighter limits on permissible emissions levels for cars, trucks, and other products that use fossil fuels, as well as on the fuels themselves. Companies operating in these markets may face considerable additional costs when complying with these new regulations, or...

August 24, 2023

Market Intelligence: What Commercial Real Estate Owners, Tenants, and Lenders Need to Know Now

By: S.H. Spencer Compton , COMMONWEALTH LAND TITLE INSURANCE COMPANY Interested in access to private market intelligence? Private Market Data offers attorneys private information about highly negotiated agreements not otherwise available or provided in public sources. This valuable market information offers access to protected insights that reveal a higher level of previously hard-to-obtain terms and data points...