July 06, 2022

Lexis Nexis Offers Support to Ukrainian People during Invasion by Russia

LexisNexis Legal & Professional (LNLP) CEO Mike Walsh recently announced several efforts undertaken by LNLP and the LexisNexis Rule of Law Foundation to support the people of Ukraine in their struggle against invasion by Russia. ON THE FINANCIAL FRONT, WALSH SAID THAT LNLP has joined other divisions of Reed Elsevier in “supporting aid organizations working across Ukraine to scale up life-saving programs, including...

April 27, 2022

Life Sciences: Strategies for Overcoming Early Litigation Challenges to Patent Eligibility

By: Michael Furrow and Shannon Clark , Fitzpatrick, Cella, Harper & Scinto                                                Introduction Section 101 of the Patent Act provides: “Whoever invents or discovers any new and useful process, machine, manufacture, or...

April 27, 2022

A Briefing on Emerging Issues Impacting Transactional Practice - Winter 2017

FEDERAL COURT FAST TRACKS REVIEW OF RULING BLOCKING IMPLEMENTATION OF OVERTIME REGULATIONS THE FIFTH CIRCUIT COURT OF APPEALS ISSUED A BRIEF order December 8 granting expedited review of a November 22 ruling by a federal judge in the Eastern District of Texas preliminarily enjoining implementation of new white-collar exemption rules issued by the U.S. Department of Labor (DOL). The rules, which were scheduled to take...

April 27, 2022

Current Updates and Legal Developments

HHS AGENCY PROPOSES RULE TO STABILIZE INSURANCE MARKETPLACE THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) issued a proposed rule aimed at stabilizing individual and small group health insurance markets in anticipation of Congress’ possible repeal and replacement of the Affordable Care Act. CMS, an agency within the Department of Health and Human Services, administers a number of health care–related...

April 27, 2022

Defending Trade Secrets Under the Economic Espionage Act

By: Eric E. Bensen. The Defend Trade Secrets Act (DTSA) 1 creates for the first time a federal private cause of action for trade secret misappropriation. 2 Prior to the DTSA’s enactment, private causes of action for trade secret misappropriation were solely a matter of state law, which in a vast majority of states was based on the Uniform Trade Secret Act (UTSA). The DTSA, although not preempting state law, borrows...

April 27, 2022

Current Awareness: Net Neutrality—Tweeting Corporate Information—SEC Cybersecurity Enforcement

AMENDMENTS TO NEWLY PASSED CALIFORNIA CONSUMER PRIVACY ACT SIGNED INTO LAW By: Lexis Practice Advisor Attorney Team GOVERNOR EDMUND G. BROWN SIGNED A BILL AMENDING the California Consumer Privacy Act (CCPA) just weeks after its hasty enactment in June (SB 1121) and days before the state legislature ended its 2018 session. Governor Brown signed the original bill on June 28, a week after its introduction and just...

April 27, 2022

Insurance Coverage Issues Created by The Internet

By: Ellen MacDonald Farrell and Rachel P. Raphael Crowell & Moring Today, billions of different devices are connected to the internet, and the internet-capability of everyday objects is expected to grow exponentially in the years to come. The Internet of Things (IoT) refers to the network of these devices that collect and exchange data. Connected devices may include everything from automobiles to implantable medical...

March 10, 2022

Guidance for Employers on Vaccination and Testing Rules

By: Richard D. Glovsky, LOCKE LORD LLP This article addresses the COVID-19 vaccine and testing rules promulgated by the Biden Administration. It is an excerpt from the practice note Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response. Practical Guidance subscribers may view the full guidance, which answers health and safety related return-to-work questions for employers...

March 08, 2022

Post-employment Restrictive Covenants: Market Trends 2017-2021

By: The Practical Guidance Employee Benefits and Executive Compensation Team This Market Trends review provides an overview of restrictive covenant obligations contained in executive employment agreements and discusses recent market trends in publicly filed executive employment agreements from 2017 to the first half of 2021. Specifically, it discusses non-competition clauses and employee non-solicitation and client...

March 07, 2022

Differences between Chapters 7 and 13 of the Bankruptcy Code

By: Mark Haut, PRACTICAL GUIDANCE BANKRUPTCY TEAM with assistance from Emony Robertson, LEXISNEXIS RULE OF LAW FOUNDATION FELLOW This chart details the differences between Chapters 7 and 13 of the Bankruptcy Code and can be used to guide attorneys in understanding the differences between these chapters. Practical Guidance supports the efforts to advance what’s possible in the world by strengthening the rule...

March 07, 2022

Determining Spread Adjustments for SOFR Loans

By: The Practical Guidance Finance Team This article discusses credit spread adjustments related to the differential in rates between the London Interbank Offered Rate (LIBOR) and the Secured Overnight Financing Rate (SOFR). While LIBOR and SOFR historically trend together, LIBOR is generally higher than SOFR. Due to the difference in these rates, the Alternative Reference Rates Committee (ARRC) has recommended that...

March 06, 2022

Disclosure Related to Climate Change: Market Trends 2021

By: Anna T. Pinedo , Gonzalo Go , Felix Zhang , and James Alford MAYER BROWN LLP This article discusses market trends in 2021 relating to disclosures of climate change risks and mitigation by public companies, which are intertwined with environmental, social, and governance (ESG) issues. It also provides illustrative disclosures by public companies regarding how climate change has affected or may affect their operations...

March 06, 2022

Market Trends: De-SPAC Transactions

By: Jamie Payne, LEXIS PRACTICAL GUIDANCE This article discusses recent market trends in de-SPAC transactions (acquisitions involving Special Purpose Acquisition Companies (SPACs)) in 2021, covering notable transactions, deal structure and process, and other key market trends. SPACs and De-SPAC Transactions A SPAC is a public shell company that raises funds through an initial public offering (IPO) and uses the proceeds...

March 06, 2022

Using Mediation to Resolve Construction Disputes and Adjusting for Pandemic Impacts

By: Leonard M. Kessler, CONSTRUCTION ATTORNEY, ARBITRATOR, AND MEDIATOR 1. What is mediation and how does it differ from litigation and arbitration? Mediation is a private dispute resolution process in which the disputing parties work with a mediator to negotiate a settlement to their dispute. The mediator is a neutral party who has no vested interest in the outcome and is trained to facilitate a settlement between...

March 06, 2022

Secured Overnight Financing Rate (SOFR) Benchmark Succession Clauses

By: The Practical Guidance Finance Team This article discusses trends in benchmark succession clauses in recent credit agreements using benchmark rates other than the London Interbank Offered Rate (LIBOR). Credit agreements typically provide for replacing the benchmark interest rate used in the agreement under certain circumstances. Credit agreements originated at the end of 2021 and into 2022 are using benchmark...

March 06, 2022

Employer's Guide to Employee Vaccination Data Privacy and Protection

By: Karen Mandelbaum , RyAnn M. Hooper & Susan Gross Sholinsky EPSTEIN BECKER GREEN, P.C. This article will explore the privacy concerns created when implementing a mandatory vaccine policy and collecting vaccination status information from employees and others. Introduction The return-to-work race is well underway. While many employees grapple with their level of tolerance for a hybrid or full in-person workplace...

October 27, 2021

Green Buildings and Sustainable Technology Design and Construction

By: Jed E. Ruccio, MIRRIONE SHAUGHNESSY & UITTI, LLC This article explains the concept of green building, both as a description of a type of building constructed and operated by employing sustainable technology, and as a reference to the design and construction techniques used to construct that building. THIS ARTICLE ALSO DESCRIBES HOW YOU MAY OBTAIN a green building designation upon construction of a new building...

October 27, 2021

The International Climate Finance Plan

By: Kevin L. Turner and Amy L. Edwards , HOLLAND & KNIGHT LLP In this article, the authors discuss the five broad areas of focus of the International Climate Finance Plan that impact international private sector development. IN THE BIDEN ADMINISTRATION’S EXECUTIVE ORDER 14008 , “Tackling the Climate Crisis at Home and Abroad,” on January 27, 2021, President Joseph Biden called for a climate finance...

October 27, 2021

Corporate Social Responsibility and the Supply Chain

By: Timothy Murray, MURRAY, HOGUE & LANNIS Corporate social responsibility (CSR) is an amorphous concept that defies simple explanation. At its heart, CSR is a philosophy that a business entity has certain societal obligations beyond the bottom line of its owners—obligations to be a good citizen. IT IS AN ACKNOWLEDGEMENT THAT THERE ARE stakeholders aside from the business entity’s owners, including...

October 27, 2021

Financial Institutions Gear Up for Climate-Related Financial Risk Implications under Executive Order 14030

By: Celeste Mitchell-Byars, LEXIS PRACTICAL GUIDANCE President Biden recently signed Executive Order 14030, Climate-Related Financial Risk (May 20, 2021) (Executive Order) 1 to address the climate-related financial risks of federal programs. The Executive Order directs a number of federal agencies to take action to address climate-related financial risks. This article explores key areas of the Executive Order that could...

October 27, 2021

Recent Trends and Developments in Corporate Environmental Social Governance

By: Sara K. Orr and Sofia Dolores Martos, Kirkland & Ellis LLP This article provides an introduction to the concept of corporate environmental social governance (ESG); generally describes the disclosure frameworks adopted by companies in connection with ESG reporting; and addresses recent trends and developments in the United States related to ESG disclosure, including expected regulation of ESG disclosure by the...

October 27, 2021

Infrastructure Greenification Opportunities for the U.S. Energy Grid

By: Michael Bonsignore and Eli Keene , Clifford Chance In this article, the authors explain that as the Biden Administration lays out its vision for a clean energy future, a confluence of economic and policy factors is providing a unique opportunity to greenify the power grid’s physical infrastructure by leveraging the economic opportunity in retired fossil power plants. THE UNITED STATES IS ON THE PRECIPICE...

October 27, 2021

Keepers of the Green Gate: Duties of ESG Professionals

By: Sarah E. Fortt , VINSON & ELKINS LLP The market for Environmental, Social, and Governance (ESG) professionals is hot. As companies, consulting firms, financial institutions, law firms and government agencies race to build out their sustainability and ESG teams, qualified ESG professionals are in high demand. THIS DEMAND IS ALSO CREATING A PUSH FOR INDIVIDUALS with more traditional professional backgrounds...

October 27, 2021

How ESG and Social Movements are Affecting Corporate Governance

By: Ellen Holloman and Hyungjoo Han , CADWALADER, WICKERSHAM & TAFT LLP This article provides guidance on the recent trends in Environmental, Social, and Governance (ESG), the #MeToo movement (#MeToo), and Black Lives Matter (BLM) impacting corporate governance and the workplace. In the aftermath of the recent police killings of George Floyd, Breonna Taylor, and Jacob Blake, as well as many others, there has been...

October 26, 2021

LexisNexis Joins Forces with LGBTQ+ Bar Association in Anti-Discrimination Efforts

As part of its commitment to the rule of law in the United States and across the globe, LexisNexis has joined forces with the LGBTQ+ Bar Association to bring awareness to critical issues facing the LGBTQIA+ community, including the use of the “panic defense” in the prosecution of violent crimes against members of the community. THE PANIC DEFENSE—THE ASSERTION THAT A VICTIM’S sexual orientation...