June 25, 2024

Good news for Insurers; Supreme Court Weighs in on Standing in Bankruptcy

Recently, the Supreme Court held that insurers that have financial responsibility for bankruptcy claims are parties in interest with standing to object to a Chapter 11 plan. Be sure to read our client alert about this case. Read now » Related Content Mass-Tort Bankruptcies Read this discussion of companies that file bankruptcy to address their mass-tort liabilities. Channeling Injunction Checklist...

June 25, 2024

Civ Pro Fundamentals for a Worry-Free Summer

Don’t have time to research it yourself? Not even sure if you’re asking the right question? Having an existential crisis post-Summer Solstice? Fundamentals Resource Kits are here to help you find exactly what you need. Each resource kit contains links to all our relevant practice notes, templates, and checklists on your topic in your jurisdiction. Check out the Civil Litigation Fundamentals Resource Kit (Federal...

June 25, 2024

Compensation Committee Resource Kit

Matters of executive compensation, equity incentive plan and grant approvals, and drafting Compensation Discussion & Analysis disclosures in SEC filings are three typical functions of a public company’s compensation committee. Stock exchanges generally require that listed companies have a compensation committee composed of independent directors and that the committee performs a self-evaluation at least annually...

June 25, 2024

How Do you Want to Resolve the Dispute?

Gain an appreciation of various procedural and substantive alternative dispute resolution options that may be available when drafting commercial contracts, such as multi-tiered, hybrid, and carve out provisions. Read now » Related Content Arbitration Clause Drafting Read about arbitration and issues to take into consideration when drafting an arbitration clause. Alternative Dispute Resolution Clause...

June 25, 2024

New! Privacy Policy for Oregon Consumer Privacy Compliance

This template is an external, customer-facing data privacy policy intended for entities covered by the disclosure and transparency requirements of the Oregon Consumer Privacy Act (OCPA), ORS § 646A.570 through ORS § 646A.589, effective on July 1, 2024. Read now » Related Content Data Privacy and Cybersecurity State Law Compliance Resource Kit (OR) Find practice notes, templates, clauses, and checklists...

June 25, 2024

Shake the Tree! Checking the Health of Your Retirement Plan Administration

Plan sponsors may want guidance on how to implement a self-audit program. This is especially useful for small plans that may not be subject to ERISA’s annual audit requirement but need review of their processes and financial statements. Two common errors found by the IRS are improper exclusion of eligible employees from the plan and use of an incorrect definition of compensation. Failure to process involuntary cash...

June 25, 2024

If You Build it, Will Lenders Come?

The oil and gas production, transmission, and processing landscape has become more competitive. Fields in Pennsylvania, the Dakotas, Ohio, and even New York require new and innovative ways to transport natural gas from well to processing facility. Any new transportation project will require tens of millions or more in financing. To understand the risks and rewards of taking on this type of project, and how to get financing...

June 25, 2024

The ABCs of RBLs

Check out this new practice note discussing recent market trends in reserve-based loans (RBLs) in the oil and gas industry. The data analyzed in this practice note was obtained using Market Standards , Practical Guidance’s searchable database of publicly-filed credit agreements and commitment letters. Read now » Related Content Reserve-Based Loans Review this practice note discussing the key characteristics...

June 25, 2024

EU Anti-Money Laundering Rules Get Green Light from Member States

The European Council recently adopted new anti-money-laundering rules. The rules create a new EU Authority for Anti-Money Laundering and Countering the Financing of Terrorism (AML/CTF), with direct and indirect supervisory authority over high-risk obliged entities in the financial sector and an extension of AML requirements to the crypto-sector, traders of luxury goods, and football clubs and agents. For a more detailed...

June 25, 2024

PHI Breach Notification Policy for Hospitals and Health Systems

Expand your organization’s compliance policy library with this template from Lexis Practical Guidance – Healthcare, which provides direction to healthcare organizations and their workforce members regarding the procedure for reporting and providing notice of a breach of protected health information (PHI) as required by the Health Insurance Portability and Accountability Act (HIPAA). Ensure prompt identification...

June 25, 2024

Somewhere Over the Rainbow: Transgender Impacts on Insurance

It’s Pride Month. Stand ready to advise insurance clients on how to adapt its structures, business practices, and product design to remain compliant with government regulations and responsive to emerging consumer demands. Read now » Related Content EPLI Coverage Implications in Gender Identity Claims Learn about the significance of gender identity issues in the workplace. Mandatory Provisions...

June 25, 2024

Blockchain, Crypto, NFTs, and Virtual Goods: Choosing Classes of Goods/Services for Trademark Applications in Emerging Technologies

Preparing an identification of goods and/or services for a trademark application for blockchain, cryptocurrency, non-fungible tokens (NFTs), or virtual goods? This chart lists identifications from the United States Patent and Trademark Office (USPTO) Acceptable Identification of Goods and Services Manual and Nice Alphabetical List for the international classes into which goods/services in these emerging technologies may...

June 25, 2024

Build the Illinois Handbook Supplement into Your L&E Toolkit

Need employment policies that are specific to Illinois and Chicago/Cook County employers? Use this one-of-a-kind fully annotated Employee Handbook Supplement when developing or revising handbooks for Illinois and Chicago/Cook County employers. Read now » Related Content Employee Handbook Resource Kit Explore vital guidance in this resource kit to help employers understand drafting employee handbooks and...

June 25, 2024

Navigating the M&A Auction Process: A Transactional Attorney's Guide

The M&A auction process has become an increasingly prevalent strategy for sellers seeking to maximize value and leverage competitive tension among potential buyers. An auction involves a structured sale process where multiple potential buyers compete to acquire a target company or assets. This competitive bidding environment aims to drive up the purchase price and extract the highest possible value for the seller...

June 25, 2024

Fifth Circuit Vacates SEC’s Private Fund Adviser Rules

On June 5, 2024, rules adopted in August 2023 by the SEC that significantly expanded regulatory obligations of private fund advisers were vacated by a three-judge panel of the Fifth Circuit. The decision held that the SEC exceeded its authority and therefore the rules were wholly unauthorized. What are private funds attorneys saying about this ruling? Read now » Related Content SEC Adopts Significant New...

June 25, 2024

Looking for Alternatives to Acquisition and Development Funding? Learn About Preferred Equity Investments!

A preferred equity investment is a structured real estate investment financing where capital is invested for a fixed term in exchange for an agreed return. While such capital is subordinate to debt, it takes priority over common equity. Preferred equity may be used as an alternative to a mezzanine or other subordinate loan. Check out this practice note for guidance on structuring real estate preferred equity investments...

June 25, 2024

Take It to The Bank: Taxes in Bankruptcies Not Easy to Unload

Before filing a consumer bankruptcy, individual debtors must determine their outstanding tax liabilities for purposes of completing a means test and properly filling out their schedules. Individuals must also provide copies of their tax returns to the U.S. Trustee. Various governmental units may have secured claims, priority claims, or general unsecured claims against the debtor and, with certain exceptions, are prohibited...

June 18, 2024

It Aint Over Till It’s Over. Post-confirmation Jurisdiction

As bankruptcy lawyers know, confirmation is not the end of a case. A bankruptcy court’s jurisdiction continues after confirmation of a plan of reorganization or liquidation in a Chapter 11 bankruptcy case. Check out this practice note discussing whether a matter falls within the court's post-confirmation jurisdiction. Read now » Related Content Post-confirmation Checklist Use this checklist to...

June 18, 2024

Arbitration Pleadings: Summertime and the Living’s Easy

We all know arbitration is supposed to be a fair, expeditious, and cost-effective alternative to litigation, but when the time comes, arbitration pleading practice is not (for most of us) in our legal muscle memory. To make it easy this summer, we went straight to an arbitrator for answers. Our expert explains how to best prepare and submit arbitration pleadings in the various international and domestic tribunals. Check...

June 18, 2024

OFAC Compliance in a Securities Offering Checklist

The U.S. Treasury’s Office of Foreign Assets Control (OFAC) maintains sanctions programs against listed entities or entities that have engaged in sanctioned activities. These programs prohibit U.S. offerings or offerings involving U.S. persons from engaging in transactions with entities subject to sanctions. Use this checklist to help determine whether a given securities offering would be affected by OFAC sanctions...

June 18, 2024

Mechanic’s Liens: State-by-State Guidance

In all 50 states, certain contractors, subcontractors, sub-subcontractors, materialmen, and service providers are entitled to place a mechanic's lien on real property where they performed work and/or provided supplies. Liens are technical documents with requirements that vary by state and even minor mistakes can be fatal. Learn about mechanic’s lien requirements in your state, the District of Columbia, and Puerto...

June 18, 2024

Wave Goodbye to Damages

Learn about the types of damages that may arise from a transaction and the use of contractual waiver of damages provisions, including waivers for consequential, incidental, lost profits, and other damages. Read now » Related Content UCC Damages and Remedies Learn about damages and remedies available under the Uniform Commercial Code (UCC). UCC Remedies for Buyer and Seller and Third-Party Rights Read...

June 18, 2024

Vermont’s Groundbreaking Data Privacy Law Would Empower Consumers to Take on Big Tech

The Vermont legislature’s passage of the strictest consumer data privacy law yet provides hope to consumer advocacy groups that state lawmakers will shift from punting enforcement to state attorneys general. While a veto remains possible as of this writing, Vermont’s law serves as a model for states aiming to enact stringent state-level technology regulations. Read now » Related Content Data...

June 18, 2024

I’ll Choose That One! Enjoying the Flexibility of Flexible Spending Arrangements

A flexible spending arrangement (often referred to as an “FSA” for the flexible spending account that is established for a participating employee) is one benefit employers may offer in a cafeteria plan to allow participating employees to use pre-tax contributions to pay for or reimburse certain eligible health expenses incurred during a plan year, like out-of-pocket (and unreimbursed) medical costs or, in...

June 18, 2024

FinCEN Issues Advisory to Banks on Detecting Iran Linked Terror Financing

Financial Crimes Enforcement Network (FinCEN) issued an advisory to banks raising concerns about potential money laundering and terrorist financing activities associated with the Islamic Republic of Iran-backed terrorist organizations. The advisory is intended to aid institutions detect and report suspected money laundering or terrorist financing activities. See this article for details from the advisory and a view on...