July 17, 2024

Rebirth of the Antitrust Movement: 7 Essential Components of an Effective Compliance Program

By: Kemahl Franklyn The U.S. Department of Justice (DOJ) and a bipartisan multistate coalition have filed lawsuits this year against Live Nation Entertainment — the parent company of Ticketmaster — for alleged monopolistic practices. The goal of this aggressive antitrust enforcement action from the DOJ is to break up the company and free up competition in the live events industry. “Live Nation’s...

July 16, 2024

It’s So Hard to Say Goodbye to Non-Consensual Third-Party Releases

The United States Supreme Court issued its long-anticipated decision in Purdue Pharma L.P .'s bankruptcy case. The Supreme Court held that the Bankruptcy Code does not authorize a release that, as part of a plan of reorganization under Chapter 11, seeks to discharge claims against a non-debtor without the consent of affected claimants. Check out this client alert discussing this decision. Read now » Related...

July 16, 2024

Discover Summer

Beat the heat and just keep swimming… in discovery. Click below for a Discovery Motion Resource Kit, which will link you to everything we have on motions to compel, for a protective order, for sanctions, and to quash a subpoena. Read now » Related Content Motion for Protective Order: Making the Motion (Federal) Follow Jim Wagstaffe’s guidance on obtaining a protective order in a federal case....

July 16, 2024

Corporate Transparency Act Update: Beneficial Ownership Reporting FAQs

In April 2024, FinCEN updated and expanded the Beneficial Ownership Information Reporting Frequently Asked Questions regarding the Beneficial Ownership Information Reporting Rule. Updates relate to pass-through entities, homeowners associations, trusts, and more. Use this checklist to understand FinCEN’s guidance for beneficial ownership reporting. Read now » Related Content Corporate Transparency...

July 16, 2024

Changes in Work and Claims Provisions in Construction Contracts

Once construction begins on a project, changes are inevitable due to changing or unforeseen site conditions, design issues, or the owner's shifting needs or desires. It is imperative that construction contracts contain a framework for dealing with these changes efficiently and fairly. Read now » Related Content Surety Performance and Payment Bonds Learn about using surety bonds on a construction project...

July 16, 2024

E-Commerce Transactions

Learn about potential legal issues when conducting e-commerce transactions. This resource kit includes guidance for online businesses, including an overview of laws and regulations governing the validity of electronic signatures and notice and consent requirements. Read now » Related Content Electronic Contracts Read about issues arising from the formation of contracts using electronic recording technology...

July 16, 2024

CPPA Aims to Quell Data Broker Questions and Confusion on New Law

The California Privacy Protection Agency (CPPA) launched the formal rulemaking process on July 5, 2024, by seeking public comment on proposed regulations for data broker registration mandated by Senate Bill 362, also known as the Delete Act. The CPPA’s proposed rules were drafted in response to data brokers’ questions about their registration requirements. Public feedback will be accepted through August 20...

July 16, 2024

I Need It Now! Taking a Look at IRS Guidance on Emergency Personal Expense Distributions

The SECURE 2.0 Act added an exception to the 10% early distribution penalty tax under I.R.C. § 72(t) for "emergency personal expense distributions" from a defined contribution plan. The exception, discussed under I.R.S. Notice 2024-55 , recognizes that 401(k)/403(b)/457(b) savings may be the primary savings a participant has and sometimes participants need money fast. The recent IRS notice keeps the 10...

July 16, 2024

New Video! Demand Guarantees

Watch this new video providing an overview of second lien debt, an increasingly preferred form of junior financing as compared with unsecured debt, subordinated mezzanine debt, or unsecured high yield debt. Read now » Related Content Finance Fundamentals Resource Kit See this resource kit for an overview of a financing transaction. This broad index encompasses all aspects of the financing, from the negotiation...

July 16, 2024

The Bank Service Company Act: The Curious Late Life of an Old Law

The Bank Service Company Act (BSCA), enacted in response to the technological and expertise challenges faced by banks during the 1960s, permits banks to acquire and utilize bank service companies. The BSCA also authorizes U.S. banking agencies to examine and regulate bank service companies to the same extent as banks. Practitioners should explore this practice note, written by James P. Bergin and Paul Lim of Arnold &...

July 16, 2024

Federal Healthcare Program Exclusions Prevention Checklist

Guide your healthcare provider clients through key legal and operational considerations to avoid exclusion from participation in Medicare, Medicaid, and other government-funded healthcare reimbursement programs. Use this checklist to advise healthcare providers, including health systems, hospitals, physician groups, and individual practitioners. Learn how to avoid exclusion before the Office of Inspector General (OIG...

July 16, 2024

A Coverage Vignette: From Spinal Injury to Permanent Impairment with the AMA Guides, Fifth Edition

Follow the Hon. Robert G. Rassp, Presiding Judge, of the California WCAB, as he walks through a real case and shows how an employee’s lumbar spine injury results in a ratable permanent disability using the AMA Guides, Fifth Edition . Read now » Related Content Workers’ Compensation Law (CA) See this practice note for answers to key questions about California workers’ compensation law. ...

July 16, 2024

Initial Disclosures in Copyright Litigation

Review this quick reference checklist to understand considerations for initial disclosures in copyright litigation. Learn best practices for preparing and serving the initial disclosures required by Fed. R. Civ. P. 26(a), including timing, witnesses, document categories, damages, and more. Read now » Related Content Stipulated Protective Order Checklist (Copyright Litigation) Use this checklist to understand...

July 16, 2024

“Willkommen, Bienvenue, Welcome”—International Business Travel to the United States

Are you interested in learning about immigration-related requirements, limitations, and strategies for business travelers to the United States? Read our new practice note, International Business Travel to the United States: Key Strategies for Entry and Admission , by Sari Long of Faegre Drinker Biddle & Reath. Read now » Related Content Immigration Compliance Resource Kit Review business immigration...

July 16, 2024

FDA Special Protocol Assessment for a Drug or Biologic

Understand how to prepare and submit a request to the FDA asking it to review critical elements of a protocol design. Read now » Related Content FDA Drug Regulatory Activity Tracker Follow new FDA regulatory activity affecting drug products and identify action items for attorneys including effective dates and compliance dates, deadlines for submitting comments in response to FDA proposed rules and draft...

July 16, 2024

The Secret Sauce: Key Negotiating Points for Successful Private Acquisitions

Navigating the intricate world of private company transactions requires a keen understanding of the key negotiating points that can make or break the deal. This checklist provides a general outline of commonly included provisions in an acquisition agreement, including structure, consideration, representations and warranties, covenants, and indemnification, among others. Dive in for a comprehensive roadmap to help you...

July 16, 2024

Is Your Real Estate Deal Impacted by PFAS?

Perfluorinated and Polyfluorinated Substances (PFAS) are found in many consumer products such as cookware, food packaging, cosmetics, and stain repellants, and can be released into the air, soil, and water, including drinking water sources. With the Environmental Protection Agency’s recent designation of PFAS as hazardous substances, real estate transactions (particularly brownfield redevelopment projects) may now...

July 16, 2024

Need Cash Now? Current (Non-liquidating) Distributions from Partnerships

Current distributions, also known as non-liquidating distributions, are critical to a partnership's or limited liability company’s (LLC) operations since pass-through entities use current distributions to distribute earnings and other property to the entity's partners or members in the normal course of business. From a partnership tax accounting perspective, current distributions are important since they...

July 09, 2024

The Latest on Statutory Mootness

In Transform Holdco , the United States Supreme Court resolved a split among the Circuit Courts as to whether Section 363(m) is a jurisdictional provision (i.e., depriving an appellate court of jurisdiction to hear a challenge to a sale order). Check out this expertly drafted article discussing a recent decision on whether the Supreme Court’s ruling altered the mootness requirements. Read now » Related...

July 09, 2024

Real-Time Tracker: Generative AI Rules in State and Federal Courts

Courts and judges often implement new rules in July. Use our tracker to keep up with the individual rules and standing orders implemented by certain federal and state court judges, court administrations, and bar associations governing the use of generative artificial intelligence (AI) in court filings. We review our tracker on at least a weekly basis and update accordingly, so check it out and bookmark it at the link...

July 09, 2024

Cybersecurity Incident Checklist

Significant cybersecurity incidents are becoming more and more common across the board. More sophisticated incident responses and disclosures to regulators and investors are required. Use this checklist to help your clients plan for, and respond to, cybersecurity incidents that affect them. Read now » Related Content Modern Approaches to Cybersecurity: Incident Response Video Understand how cybersecurity...

July 09, 2024

Considering Ending Your Relationship with a Vendor?

Obtain step-by-step guidance for terminating a commercial contract. Learn about the different types of termination provisions, requirements for a valid termination, and other legal and practical considerations when terminating a contract. Read now » Related Content Termination and Cancellation Rights Learn about the various ways in which a contract may be terminated. Termination Agreement Access this...

July 09, 2024

Navigating Biometrics: Strategies to Mitigate Legal Risks

To get ahead of the compliance curve, companies must take proactive measures to establish adaptable biometrics compliance programs. This newly updated practice note discusses the legal issues regarding biometric data including the major types of biometric technologies, state and local laws governing the collection and use of biometric data, recent Federal Trade Commission enforcement actions, and how to mitigate legal...

July 09, 2024

Take a Break! Watch and Learn More about DOL’s New Retirement Security Rule and Associated Prohibited Transaction Exemption Amendments

The U.S. Department of Labor (DOL) issued final rules in late April regarding its definition of fiduciary investment advice and associated prohibited transaction exemptions (PTEs). The rule and amended PTEs will protect retirement investors by requiring trusted advice providers to follow high standards of care and loyalty when making investment recommendations—particularly to participants moving their plan assets...

July 09, 2024

If You’re Drowning, our New Official Forms Charts Can Save You

Does your client’s oil and gas exploration and production operation have you drowning in paperwork? Do they have filing obligations in states you are unfamiliar with? If so, check out our newest Practical Guidance chart, Upstream Oil and Gas Official Forms Chart (OH), to review Ohio official forms and instructions promulgated by state regulators. Read now » Related Content Upstream Oil and Gas Lease...