June 03, 2025

AI Key Considerations Checklist

This checklist covers the applicability of artificial intelligence (AI) in areas critical to life sciences and healthcare companies, including data privacy, intellectual property, and research and development. Read now » Related Content FDA Artificial Intelligence (AI) Regulatory Activity Tracker Get action items for attorneys including effective dates and compliance dates, deadlines for submitting comments...

June 03, 2025

Be Diligent: See Our New L&E Issues in Business Transactions Checklist

Do you need to understand key labor and employment considerations for companies and their legal counsel navigating mergers and acquisitions and other business transactions? Review our recently published checklist, Labor and Employment Issues in Business Transactions Checklist , by Keely Jac Collins and John M. McCall of Jackson Lewis P.C. Read now » Related Content Business Transactions: Labor and Employment...

June 03, 2025

Beyond the Boilerplate: Enhanced Trademark License Agreement

Review an enhanced trademark license agreement template drafted in favor of the licensor. This template includes extensive alternate and optional clauses to fully customize your agreement, while at the same time safeguarding the licensor's brand and maximizing the benefits derived from the licensing arrangement. Read now » Related Content Trademark License Agreement (With Enhanced Fallback Provisions...

June 03, 2025

Doctor Algorithm Will See You Now—But Should It Handle Your Workers' Comp Claim Too?

Explore with renowned workers’ compensation jurist Robert G. Rassp how artificial intelligence (AI) fits in the context of medicine and law and whether a legitimate role, if any, exists for the use of AI in the context of workers' compensation cases. Read now » Related Content Artificial Intelligence: A Judge's View of Generative AI Discover a judge's insights into the use of generative...

June 03, 2025

Physician Recruitment Under the Microscope

Check out this practice note from Practical Guidance – Healthcare that offers an introduction to physician recruitment strategies by hospitals, with a focus on how these strategies are governed by the fraud and abuse regulations set forth in the Stark Law and the federal Anti-Kickback Statute. Read now » Related Content Physician-Hospital Contracts Learn about the specific health law issues arising...

June 03, 2025

Bank Examination Privilege Compliance Checklist

A recent federal court ruling challenging banks’ use of the bank examination privilege to withhold confidential supervisory information (CSI) and regulatory examination reports signals increased judicial scrutiny of the privilege and a greater willingness to allow disclosure in litigation. While the privilege is held by banking regulators, banks often invoke it during discovery. Examine this bank examination privilege...

June 03, 2025

Covenant-Lite Loan Trends

Review this new market trend practice note for an overview of covenant-lite loans in today’s market. The note discusses recent market trends in publicly filed covenant-lite credit agreements since the second half of 2024. The term covenant-lite broadly refers to borrower-friendly loan transactions having limited or no maintenance-based financial covenants. Read now » Related Content Financial Covenants...

June 03, 2025

Counting Wages: Applying Section 162(m) Limitations and Its Grandfathering Rule

Internal Revenue Code Section 162(m) generally limits to $1 million the tax deduction that a public corporation may take for compensation paid to certain top executives referred to as covered employees. Before the Tax Cuts and Jobs Act of 2017 (TCJA), corporations could qualify for a performance-based compensation exception to the limitation. Although this exception is generally not available for tax years beginning in...

June 03, 2025

Children’s Online Privacy Legislation Tracker

Follow the progression of select state privacy legislation applicable to children and minors proposed after January 1, 2025. Topics covered include online privacy rights afforded to children and teens and social media protections. Read now » Related Content Biometric Privacy State Legislation Tracker (2025) Keep current with proposed state biometric privacy legislation introduced after January 1, 2025. ...

June 03, 2025

Leased but not Forgotten: Navigating Express and Implied Warranties Under UCC Article 2A

When leasing equipment, understanding the warranties that apply can make all the difference. This practice note unpacks the express and implied warranties under UCC Article 2A, clarifying the obligations of lessors and the rights of lessees—especially in the often-misunderstood world of finance leases. Whether you're drafting lease agreements or navigating warranty disputes, this guide delivers the legal clarity...

June 03, 2025

Navigating Labor Shortages in the Construction Industry

This practice note discusses potential solutions to assist your clients in navigating current labor shortages in the construction industry, including solutions to legal challenges brought about by this decade's construction workforce contraction. Read now » Related Content Construction Risk Management and Allocation Resource Kit Discover our collection of resources addressing risk management and allocation...

May 28, 2025

In the Eyes of the Beholder: The “One, Big, Beautiful Bill Act”

Working with the Energy and Commerce and the Agriculture Committees, the U.S. House of Representatives’ Ways and Means Committee advanced its portion of the “One, Big, Beautiful Bill Act” on May 15. The Energy and Commerce and Agriculture Committees have done the same. The House Budget Committee, initially voted down the bill by a vote of 21-16, but passed the bill the next day by a vote of 17-16. The...

May 28, 2025

Navigating Housing Development Projects

As housing shortages increase, real estate developers are undertaking projects to meet the demand in many parts of the country. Explore this practice note discussing special protections and benefits for housing development projects in California, focusing on the California Housing Accountability Act (HAA). See the Related Content section below for additional guidance on topics related to housing development in California...

May 28, 2025

Strategic Earn-Out Structures: Balancing Immediate Gains and Deferred Risks in M&A

In today’s M&A landscape, earn-out arrangements offer a way to link a portion of the deal’s value to future performance, benefiting both buyers and sellers. However, without clearly defined metrics and robust dispute resolution measures, these provisions can lead to contentious post-closing conflicts. It’s essential for legal professionals to fully understand these earn-out parameters and the distinct...

May 28, 2025

Pharmaceutical Pricing and Antitrust Liability Concerns

This practice note addresses government guidance on pharmaceutical pricing, pricing in monopolistic markets, pricing in oligopolistic markets, and liability risks. Read now » Related Content Healthcare Antitrust Resource Kit Access critical content covering antitrust issues related to pharmaceutical companies and other healthcare organizations. Practical Guidance Updates Featuring the latest updates...

May 28, 2025

If You Have Discriminating Taste, See Our New Employment Discrimination State Law Survey

Do you need to understand state anti-discrimination provisions and protected classes applicable to public and private employment? Review our recently published Employment Discrimination Protected Classes and Prohibited Conduct State Law Survey . Read now » Related Content Employment Litigation State Expert Forms and Checklists Chart Use this chart to see state law templates and checklists (including employment...

May 28, 2025

Make Your Mark(man) with a Winning Response Brief!

Master the art of responsive claim construction with this comprehensive template for Markman hearings. This Practical Guidance template provides a detailed framework for drafting responsive briefs, complete with strategic drafting notes and examples of key arguments to effectively counter opposing claim constructions. Whether you're representing a patent owner or accused infringer, this template equips you with the...

May 28, 2025

From Soot to Civil Authority Clauses: Coverage Fallout of the L.A. Wildfires

Learn about response strategies for coverage counsel to consider as insurers brace for litigation and policyholders prepare to push back on denied claims. Read now » Related Content Property Insurers in California: Understanding Their Withdrawal and Its Impact on State Insurance Regulation Explore major property insurers’ decisions to stop issuing types of property insurance in California. This practice...

May 28, 2025

Essential Safeguards for ePHI: Are You Compliant?

Check out this checklist from Practical Guidance – Healthcare addressing items for covered entities (which includes most group health plans) and their business associates to consider in complying with HIPAA’s Security Rule for protected health information (PHI) that is maintained or transmitted in electronic form (ePHI). Read now » Related Content Determining HIPAA-Reportable PHI Breaches Visual...

May 28, 2025

Providing Limited English Proficiency Consumer Disclosures

Fair lending laws are undergoing significant changes in light of federal deregulation. While federal law does not currently require financial institutions to provide consumer disclosures in non-English languages for individuals with limited English proficiency (LEP), many states continue to require and enforce language-specific disclosure mandates. Further, institutions must still comply with fair lending laws including...

May 28, 2025

Innovative Financing Strategies: Exploring Subscription Facilities

Check out this practice note discussing subscription facilities. A subscription facility is a line of credit to an investment fund typically secured by the fund’s right to issue capital calls to investors. The fund then repays these loans with the capital contributions received from its investors. Fund managers use these facilities (also called capital call facilities) to contend with the lag time between the issuance...

May 28, 2025

Ok, so you Built a Powerplant . . . That Don’t Impress me Much

There is a significant and growing need to add additional generating capacity to our electrical grid. With the popularity of electric vehicles here to stay—it is projected that 67% of vehicles sold in 2032 will be electric—and technology ingraining itself in our everyday lives, we simply need more power in our daily lives. But, even with the build-out of traditional and renewable generating capacity, operators...

May 28, 2025

It’s for Your Own Good: Tobacco Surcharges in Health Plans and other Wellness Incentives

A health-contingent program is a program that conditions eligibility for a reward on a participant's ability to meet a standard related to a health factor. For example, a tobacco cessation program can be designed as a health-contingent wellness program. This program offers incentives, such as a premium discount, to a participant to quit smoking. The program must follow HIPAA nondiscrimination rules by promoting health...

May 28, 2025

Stay One Step Ahead: Comprehensive Cybersecurity Risk Assessment Strategies

Check out this comprehensive practice note on conducting cybersecurity risk assessments, including the essential elements and an overview of different frameworks, standards, and programs. Read now » Related Content Cyber Vulnerability Management Checklist Understand key steps for an organization's vulnerability management process. Cybersecurity Resource Kit Find Practical Guidance resources addressing...

May 28, 2025

From Ambiguity to Authority: Master Sale of Goods Contracts in New York

Learn how to avoid common pitfalls that may arise when drafting and negotiating a sale of goods agreement in the State of New York. Areas of concern addressed in this practice note include substituted remedies provisions, the parol evidence rule, unenforceable terms, failure to adequately plan for a breach, warranty issues, and battle of the forms issues. Read now » Related Content Key Provisions of Sales...