September 17, 2024

America’s Midstream Network is Key to European Energy Independence

Europe is highly dependent on Russian natural gas to generate electricity and provide heat. As Russia’s invasion of Ukraine continues to drag on, and the NordStream pipeline has largely been placed out of commission through sabotage, there is a growing push to cut off the use of Russian natural gas in favor of more reliable suppliers. But how will Europe replace its reliance on Russian natural gas? America’s...

September 17, 2024

Kick Off the School Year: Stay Ahead with the Latest in Student Privacy Laws!

Catch up on state student privacy laws when you explore the Student Privacy Requirements topic in our Data Security & Privacy State Law Comparison Tool . Coverage includes entities and students covered, key definitions, notice and consent requirements, service provider obligations, and more. Read now » Student Privacy Requirements (CA) Check out this state Q&A document setting out California’s...

September 17, 2024

Don’t Be Scared! Weaving Cybersecurity Awareness into Your Plan Fiduciaries’ Duties

Cybersecurity is the word, and fiduciaries of employee benefit plans governed by the Employee Retirement Income Security Act of 1974 should implement cybersecurity risk management strategies to mitigate the risks of liabilities that can result from cybersecurity attacks on ERISA employee benefit plans. With the Department of Labor (DOL) having issued initial guidance on the extent of a fiduciary’s cybersecurity...

September 17, 2024

Watch This! Leveraged Dividend Recapitalizations Video

Watch this new video providing an overview of leveraged dividend recapitalizations, in which a company incurs debt and uses those proceeds to pay a dividend to its shareholders or to repurchase its outstanding shares. VIEW NOW » Related Content The Client Asks: Is a Dividend Recapitalization Permitted Read this practice note providing a step-by-step guide to determine whether a dividend recapitalization...

September 17, 2024

Changes in The Regulation of Digital Asset Lending Platforms

Driven by the need to support responsible innovation between banks and fintech companies, the U.S. federal banking agencies recently issued a Request for Information (RFI) from banks and fintech companies regarding their arrangements for deposits, payments, lending, and risk management. Explore this practice note for an overview of the development, regulation, and enforcement of digital asset lending platforms in the...

September 17, 2024

Is it a Plan or a Scheme?

Learn more about multi-level marketing programs under the Federal Trade Commission Act, including the elements of such programs, compliance with the Act and risk mitigation, FTC enforcement, and distinctions between valid multi-level marketing plans and fraudulent product and/or service-based pyramid schemes. Read now » Related Content Avoiding Illegal Pyramid Schemes Checklist (Consumer) Use this checklist...

September 17, 2024

Everything an In-House Bankruptcy Attorney Needs

In-house counsel may advise internal clients on bankruptcy matters and non-bankruptcy alternatives. Check out this resource kit for a collection of Practical Guidance materials covering many of the tasks and issues that in-house attorneys regularly address when the client is filing for bankruptcy or when the client is a lender, supplier, customer, or other interested party to a company that files bankruptcy. READ NOW...

September 10, 2024

Don’t Forget About Bankruptcy Risks When Developing Intellectual Property

Recently, the Third Circuit held that Mallinckrodt could discharge its obligations to pay future royalties. Check out this expertly drafted article discussing this decision. READ NOW » Related Content Intellectual Property Agreements: The Assumption/Rejection Risk Read this practice note for information on the treatment of intellectual property agreements in bankruptcy Sale of Intellectual Property...

September 10, 2024

Arbitration and AI: New Checklist

Our new checklist summarizes the JAMS Rules governing arbitrations involving disputes concerning artificial intelligence systems (JAMS AI Rules) and includes topics such as the scope of the rules and the specific provisions for commencing the arbitration, discovery, hearings, and the issuance of an award. Check it out at the link below! Read now » Related Content How to Increase ADR Neutral Diversity Check...

September 10, 2024

Lock-Up Agreement (IPO)

Lock-up agreements are typically used in the context of a securities offering to prohibit insiders, such as directors, executive officers, and significant shareholders, from selling their shares too soon after the closing of the offering. Although the overall agreement is relatively simple, it remains a key document that helps to stabilize the market for the company’s shares immediately post-IPO. It also contains...

September 10, 2024

Mechanic’s Lien State Law Survey

All 50 states permit the placement of mechanic’s liens on real property by unpaid general contractors, subcontractors, sub-subcontractors, and material providers. Although the specific requirements for filing and enforcing a mechanic's lien vary by state, most states’ mechanic's lien laws address the same general principles and concepts. Significant differences, however, separate the states as to the...

September 10, 2024

Can I Get High in this State? Take the Survey

Learn about the current legal status for the medical and recreational use of marijuana in all the states, including information about the state regulatory bodies that are responsible for its regulation, a summary of the laws, and information about decriminalization where it is illegal. Read now » Related Content Cannabis Law Practice Overview Read an overview of the legal issues related to cannabis that...

September 10, 2024

Privacy Notices at Collection that Comply with CCPA/CPRA: A Guide for Covered Organizations

Covered organizations can adapt this notice to comply with the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), Cal Civ Code § 1798.100 et seq., by providing consumers with notice describing the personal information collected about them and how it is used. Read Now » Related Content Privacy Notice at Collection (CCPA/CPRA) for California Employees Use this...

September 10, 2024

Will They? Won’t They? Adapting to the Court Stay on the FTC’s Noncompete Ban

On August 20, 2024, the Northern District of Texas issued its final ruling in Ryan , LLC . v . FTC on the merits of summary judgment cross-motions, contesting the legality of the Federal Trade Commission’s NonCompete‑ Rule which would prohibit most employee non-compete agreements. The rule was scheduled to become effective on September 4, 2024. In its order, the District Court vacated the Non-Compete Rule with nationwide...

September 10, 2024

Blue Is the New Green

Read this new practice note discussing blue bonds. Blue bonds are any type of bond instrument where the proceeds are exclusively applied to finance or re-finance, in part or in full, new and/or existing blue projects that promote sustainable use of maritime resources and the promotion of related sustainable economic activities. READ NOW » Related Content Sustainable Finance and ESG Resource Kit Check out...

September 10, 2024

What's Next for the Regulatory Landscape Post-Chevron?

The Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 144 S. Ct. (2024), effectively overturned Chevron, U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837 (1984). The potential impact of the end of Chevron deference on financial laws and regulations continues to unfold. Access this practice note, written by various authors from the Chevron Deference Working Team at Holland & Knight , which examines how the...

September 10, 2024

HIPAA Qualified Protective Order

Use this template, HIPAA-qualified protective order from Lexis Practical Guidance – Healthcare in federal court proceedings, to obtain protections when introducing your client’s protected health information (PHI) in litigation. Conform to the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 145 C.F.R. § 164.512(e)(1), and Fed. R. Civ. P. 26(c). With modifications...

September 10, 2024

Take This Job And Shove It: Compliance Concerns Raised Over State Legislation to Curb Workplace Violence

Examine the lack of consensus among policymakers and California’s sweeping anti-violence law; includes a map depicting the wide-ranging legislative proposals tackling this workforce crisis. Read now » Related Content Gun Violence Coverage Issues Explore insurance coverage issues related to gun violence, recent litigation in response to active shooter and mass shooting incidents, and policy trends addressing...

September 10, 2024

Trade Book Publishing Agreements

Review the key legal and business issues in a trade book publishing contract. This practice note, written by expert author Connie J. Mableson, addresses important provisions including copyright ownership, the author's grant of rights, term, advances and royalties, accounting, manuscript delivery and acceptance, and more. READ NOW » Related Content Publishing Agreement (Trade Book) (Pro-Publisher) Use...

September 10, 2024

Blunt Advice: Practical Guidance for California Employers on Marijuana in the Workplace

Do you need to help California employers dealing with employees who use marijuana? Read our new practice note, Marijuana Issues for Employers (CA) , by Mike Guasco of Guasco Employment Law, P.C. READ NOW » Related Content Cannabis Resource Kit Access materials on cannabis in many practice area offerings in Practical Guidance, including labor and employment. Medical and Recreational Marijuana (CA) Learn...

September 10, 2024

Duty of Disclosure and Consistency Requirements for Patent Applicants

Life sciences attorneys must understand the PTO’s duty of candor and good faith because failure to satisfy the duty can have dire consequences, including a holding of patent unenforceability. This practice note includes practical guidance for complying with the duty of disclosure rules. READ NOW » Related Content Life Sciences Patents and Licensing Resource Kit Find content to help you understand key...

September 10, 2024

Be Diligent When Training the First Year Associates

Fall is just around the corner, and new M&A associates will receive their first assignments. Reviewing due diligence is not just a rite of passage, it is an invaluable task that impacts negotiations, the drafting of definitive agreements, and sometimes due diligence findings can make or break a deal. Before tasking associates with due diligence review, be it buy-side or sell-side, use Practical Guidance as a resource...

September 10, 2024

Purchasing Land (with Water Rights)

The value of water has risen in the U.S. especially in areas where droughts have become more prevalent. Though water rights can be transferred between entities, there are restrictions, limitations, and federal approval required. Read this article regarding a lawsuit against the U.S. Bureau of Reclamation for its approval of a $21 million water sale contract between a private property owner selling water rights to a Phoenix...

September 10, 2024

Educational Assistance for Employees: Why Not Provide a Nontaxable Benefit?

IRS issued a reminder that employers who offer educational assistance programs can also use them to help pay for their employees’ student loan obligations through Dec. 31, 2025. These programs rely on I.R.C. Section 127 which permits up to $5,250 of qualifying educational assistance to be provided to an employee each year on a nontaxable basis. The option to use educational assistance programs to pay for workers’...

September 03, 2024

Are you an Insider who Wants a Release? Not so Fast!

Bankruptcy Code Section 503(c)(1) includes strict requirements for a court to approve retention plans for insiders. Recently, U.S. Bankruptcy Judge Michael E. Wiles of the U.S. Bankruptcy Court for the Southern District of New York issued a ruling in In re Mercon Coffee Corp. , invalidating insider releases in a proposed Chapter 11 plan on the basis that the releases were improper retention-related transfers. Check out...