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August 24, 2023
Drafting an ESG Disclosure Risk Factor Related to Greenhouse Gas Emissions

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
Cautions and Legal Considerations of Using Generative AI in Healthcare

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...

April 28, 2023
Contracting by Emoji

Contracting by Emoji

By: Timothy Murray MURRAY, HOGUE & LANNIS A mid-level executive at a client’s company routinely included a smiley face on everything the executive wrote. It didn’t matter what it was—a letter, a greeting card, and presumably even his grocery list. The smiley face practically became part of his name, akin to when the late musician Prince changed his name to an unpronounceable symbol. WHEN THE...

April 27, 2023
Pay Transparency and Disclosure Requirements Compliance Checklist

Pay Transparency and Disclosure Requirements Compliance Checklist

This checklist provides guidance on pay disclosure laws cropping up around the country. One of the goals of these laws is to provide workers with more information regarding an employer’s pay practices so they have greater leverage to discuss and negotiate their salaries. The broader objective of these laws is to help close the wage gap between women and men. As these salary transparency laws proliferate coast...

April 27, 2023
No-Poach Agreement as Per Se Violations of the Antitrust Law

No-Poach Agreement as Per Se Violations of the Antitrust Law

By: Laurie E. Leader EDITOR-IN-CHIEF, BENDER'S LABOR AND EMPLOYMENT BULLETIN The United States Department of Justice (DOJ) is aggressively prosecuting employers who enter into no-poach agreements 1 under the antitrust laws. Until 2021, DOJ enforcement was civil in nature. A SEA CHANGE OCCURRED ON JANUARY 7, 2021, WHEN the DOJ announced that it indicted Surgical Care Affiliates, LLC and SCAI Holdings, LLC (together...

April 27, 2023
Long COVID Presents New Challenges for Employers

Long COVID Presents New Challenges for Employers

By: Jonathan R. Mook DIMUROGINSBERG PC It has been more than three years since COVID-19 changed not only the way in which we work, but our entire lives as well. The lockdowns have ended, and we now are venturing into uncharted waters in what has been termed the new normal. WHAT THAT TERM MEANS IS NOT PRECISELY CLEAR, AS THE COVID-19 virus continues to surprise us. We are just starting to learn about some of the strange...

April 27, 2023
The Corporate Transparency Act and Beneficial Ownership Reporting Requirement

The Corporate Transparency Act and Beneficial Ownership Reporting Requirement

By: Jonathan B. Wilson TAYLOR ENGLISH DUMA LLP AND THE FinCEN REPORT COMPANY The Corporate Transparency Act As part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, 1 Congress adopted the Corporate Transparency Act (CTA). The CTA includes some of the most significant changes to the Bank Secrecy Act (BSA) and U.S. anti-money laundering (AML) laws in recent years. Those changes...

April 27, 2023
The Use of Artificial Intelligence in the Legal Profession

The Use of Artificial Intelligence in the Legal Profession

By: Glenn Gordon , THE PRACTICAL GUIDANCE ATTORNEY TEAM This article discusses the use of artificial intelligence (AI) in the legal profession, including how AI can assist attorneys in accomplishing various legal tasks, as well as concerns about such usage. Also review the Lexis+ Legal AI Update offering results of a survey of legal professionals and their planned use of Generative AI going forward. THE ARTICLE ALSO...

April 27, 2023
Implications of Using ChatGPT in the Workplace

Implications of Using ChatGPT in the Workplace

By: Tom Spiggle , THE SPIGGLE LAW FIRM, PLLC Artificial intelligence (AI) isn’t new, but AI technology that’s good enough to catch the attention of the average person and affect their daily lives is rather novel. A great example of such technology is ChatGPT, 1 which is a type of chatbot 2 developed by OpenAI 3 that was launched in November 2022. Since then, it’s received a lot of publicity, especially...

April 27, 2023
Legal Developments Around the Use of Artificial Intelligence in Hiring and Assessing

Legal Developments Around the Use of Artificial Intelligence in Hiring and Assessing

By: Ellen M. Taylor , SLOAN, SAKAI, YEUNG, & WONG LLP Introduction Today, a variety of artificial intelligence (AI) employment-assessment tools are available to assist employers with nearly every stage of the hiring cycle, from recruiting and assessing job candidates to measuring the performance of current employees. There is AI software designed to screen applications and prioritize resumes based on key phrases...

April 27, 2023
Risk of Crypto-Assets and Impact on Bank Failures

Risk of Crypto-Assets and Impact on Bank Failures

By: Celeste Mitchell-Byars , PRACTICAL GUIDANCE This article examines the recent U.S. bank failures and the risk of cryptocurrency assets at insured depository institutions. IN EARLY MARCH 2023, THREE U.S. BANKING INSTITUTIONS failed, resulting in increased focus on supervision and regulation by the Board of Governors of the Federal Reserve System (Federal Reserve Board), the Office of the Comptroller of the Currency...

April 26, 2023
Cryptocurrency & Blockchain: When Do the Benefits Outweigh the Risks?

Cryptocurrency & Blockchain: When Do the Benefits Outweigh the Risks?

By: Matthias Geurts SCHALAST LAW, Oded Ofek M. FIRON & CO, Stephen Rutenberg POLSINELLI, and Jill Wong formerly of HOWSE WILLIAMS The collapse of FTX in early November 2022, and subsequent fallout in the cryptocurrency services industry, while disastrous in scope, reflect the growing pains of the industry. IN RECENT YEARS, REGULATORY AGENCIES around the world have both intensified regulatory enforcement and litigation...

April 26, 2023
Recent Bank Failure and Related Bankruptcy Resources

Recent Bank Failure and Related Bankruptcy Resources

The financial services industry is experiencing shock waves following the recent Federal Deposit Insurance Corporation (FDIC) insured bank failures. At a rate unseen since the 2008 financial crisis, three regional banks have succumbed to liquidity challenges and were either placed into FDIC receivership, or voluntarily dissolved. ON MARCH 8, 2023, SILVERGATE CAPITAL CORPORATION (parent company of Silvergate Bank) decided...

April 26, 2023
LexisNexis Voting Center  Wins National Justice Technology Award at Legalweek

LexisNexis Voting Center Wins National Justice Technology Award at Legalweek

THE LEXISNEXIS U.S. VOTING LAWS AND LEGISLATION CENTER was honored with the Justice Technology Award at the 2023 Legalweek Leader in Tech Law Awards in New York City on March 20. The Tech Law Awards, given at the annual Legalweek expo sponsored by American Law Media and Law.com, celebrate the achievements of law firms, legal departments and vendors leading the legal profession into the future through technology and innovation...

January 25, 2023
Climate Change Considerations in M&A Transactions

Climate Change Considerations in M&A Transactions

By: Annemargaret Connolly and Thomas Goslin , WEIL GOTSHAL & MANGES LLP Introduction Climate change is arguably the most high-profile and rapidly evolving environmental issue facing the global business community today. Governments of nearly every nation have acknowledged the risks posed by a warming climate and taken some action either to combat those risks, to mitigate the physical effects of climate change,...

January 25, 2023
Insuring for  Climate Change: The Role of  Parametric Insurance

Insuring for Climate Change: The Role of Parametric Insurance

By: K. James Sullivan, CALFEE , HALTER & GRISWOLD LLP This article addresses the topic of parametric insurance, a type of insurance that does not indemnify the pure loss, but ex ante agrees to make a payment upon the occurrence of a triggering event. IT DESCRIBES PARAMETRIC INSURANCE, OUTLINES ITS origins and the operation of claims payment and trigger events, provides details about the coverage both in the United...

January 25, 2023
Sea Level Rise:  A Guide for Public and Private Projects

Sea Level Rise: A Guide for Public and Private Projects

By: John Erskine , NOSSAMAN LLP This article discusses the legal and policy framework for addressing sea level rise (SLR) in the 21st century in the United States, with an emphasis on the California Coastal Act (the Coastal Act), its administrative regulations, and policy guidance as promulgated by the California Coastal Commission (the Coastal Commission). THIS ARTICLE ALSO PRESENTS A BRIEF OVERVIEW OF THE laws and...

January 25, 2023
Climate Change Legislation Tracker (Real Estate) (NY)

Climate Change Legislation Tracker (Real Estate) (NY)

By: The Practical Guidance Real Estate Team This tracker provides an overview of New York climate change legislation that impacts real estate ownership and development. This document tracks legislation enacted at the state level and in New York City. This tracker provides direct links to source text, the dates enacted, and brief descriptions of the developments. Developments are organized in reverse chronological...

January 24, 2023
California’s Sweeping Climate Change Initiative Will – Eventually – Have Profound Impacts on the Built Environment

California’s Sweeping Climate Change Initiative Will – Eventually – Have Profound Impacts on the Built Environment

By: Stephen Del Percio , AECOM National governments globally are struggling to enact legislation that will bind them to the world’s carbon dioxide and other greenhouse gas emissions reduction targets, and unfortunately in some cases even reach consensus on the scope and scale of the climate crisis—let alone deciding what must be done. BUT THANKS TO A MASSIVE NEW PIECE OF RECENT LEGISLATION , California...

January 24, 2023
Fighting Climate Change While Fighting Russia

Fighting Climate Change While Fighting Russia

By: Cameron Kinvig , PRACTICAL GUIDANCE The European Union (EU) as a block of nations is the third largest greenhouse gas emitter in the world. However, European countries have long focused on alleviating climate change and have taken the lead on efforts to reach net zero emissions. AS EARLY AS 1970, PRINCE CHARLES OF THE UNITED Kingdom (now King Charles III) began to raise European awareness about climate change...

January 24, 2023
Biden Administration Goes Long on Renewable Energy

Biden Administration Goes Long on Renewable Energy

By: The Practical Guidance Energy & Utilities Team On January 27, 2021, President Joseph R. Biden signed Executive Order 14008, 1 calling for the country to become net zero on carbon emissions by the year 2050. This order also called for the country’s electricity sector to become net zero by the year 2035. Both were tall orders calling for drastic action. TO EFFECTUATE THESE ORDERS, THE BIDEN ADMINISTRATION...

January 24, 2023
Energy Security and Climate Change Initiatives in the Inflation Reduction Act

Energy Security and Climate Change Initiatives in the Inflation Reduction Act

By: The Practical Guidance Finance Team This article discusses the energy security and climate change initiatives included in the Inflation Reduction Act of 2022 1 (IRA) and brings together a collection of related resources that include additional guidance. PRESIDENT JOSEPH R. BIDEN SIGNED THE IRA INTO LAW ON August 16, 2022, to address climate change, taxes, healthcare, and inflation. Among other things, the statute...

January 24, 2023
Climate Change Legislation and Construction: Lessons from Colorado

Climate Change Legislation and Construction: Lessons from Colorado

By: Steve Gockley , MOYE WHITE LLP Colorado is nationally recognized as one of the leading states in the battle against climate change. As more states and localities consider climate change legislation, it can be helpful to look to Colorado as a possible bellwether. THIS ARTICLE FOCUSES ON RECENT COLORADO CLIMATE laws passed at both the state and local level that have or will impact construction industry participants...

January 24, 2023
LexisNexis Creates Legal Aid Portal for Displaced Ukrainian Attorneys

LexisNexis Creates Legal Aid Portal for Displaced Ukrainian Attorneys

In its ongoing effort to support the rule of law worldwide, the LexisNexis Rule of Law Foundation has established the Ukraine Legal Aid Portal to aid members of the Ukrainian legal community affected by the war in Ukraine. ESTABLISHED IN CONJUNCTION WITH THE UKRAINIAN Bar Association, the Portal offers assistance in a number of areas and is supported by attorney volunteers at Reed Elsevier offices around the world....

September 28, 2022
Insurance Issues after Dobbs:  Fundamental Considerations

Insurance Issues after Dobbs: Fundamental Considerations

By: The Lexis Practical Guidance Attorney Team This article is part of a series discussing the United States Supreme Court decision that reversed Roe v. Wade , 1 and its significant impacts on insurance. THE REVERSAL OF ROE —OFTEN CITED AS THE 40-PLUS- year-old precedent holding that there is a federal constitutional right to obtain an abortion—came in the June 24, 2022, decision in Dobbs v. Jackson Women’s...