Intercreditor Agreement “Claws”
Posted on 10-31-2016 by Jae Lee

Many intercreditor agreements include the agreement of the first lien lender to sell the first lien debt to the second lien lender under certain circumstances. This is extremely common in straight first lien/second lien intercreditor agreements, whether... Read More

Tags: Lexis Practice Advisor , Practice Insights , intercreditor agreement

Opposing FLSA Collective Action Certification: An Overview, by Jesse A. Cripps and Katherine Smith
Posted on 10-28-2016 by Jae Lee

With class and collective action filings at record levels, and expected to increase again in 2016 , it is essential that employers stay informed about the best practices for handling these lawsuits. This article provides an overview and guidance on the... Read More

Tags: labor and employment , Lexis Practice Advisor , collective action , FLSA

Termination Liability Update: PBGC Enforcement in connection with a Substantial Cessation of Operations
Posted on 10-27-2016 by Jae Lee

By Summer Conley, Drinker Biddle & Reath LLP and Lexis Practice Advisor Attorney Team Upon a distress or involuntary termination of a single-employer ERISA Title IV defined benefit plan, the plan sponsor (or a member of the plan sponsor’s... Read More

Tags: labor and employment , Lexis Practice Advisor , cessation of operations , business

November Webinar Series
Posted on 10-27-2016 by Travis Burchart

Check out the following November webinars for Lexis for Microsoft Office, Lexis Securities Mosaic and due diligence. Critical Intelligence for your Due Diligence Date & Time: Thursday, November 3, 2016 1:30 p.m. (EST) ... Read More

Wellness Program Wednesday
Posted on 10-26-2016 by Jae Lee

Wellness programs are an increasingly common employee benefit, especially among large employers. Although these programs take a variety of forms, they are all in some way intended to promote the health and well-being of participants. Ideally, the result... Read More

Tags: labor and employment , Lexis Practice Advisor , wellness programs , employee benefit

The Defend Trade Secrets Act by Daniel A. Kaplan
Posted on 10-25-2016 by Jae Lee

In 2016, the federal government enacted the Defend Trade Secrets Act (DTSA), which amends the Economic Espionage Act of 1996. See 18 U.S.C. § 1831 et seq. As discussed below, the DTSA provides employers a new weapon in their litigation arsenals for... Read More

Tags: defend trade secrets act , Lexis Practice Advisor , trade secrets

Multi-state Monday: Find State and Local Laws Quickly and Easily with Lexis Practice Advisor
Posted on 10-24-2016 by Jae Lee

Multi-state employers must comply with a bewildering mosaic of laws for all of the different jurisdictions in which they have employees. States and localities may have legislative schemes that impose EEO and wage and hour protections parallel to those... Read More

Tags: legal research , local laws , Lexis Practice Advisor , state laws

Escrow for Commercial Purchase and Sales
Posted on 10-21-2016 by Jae Lee

Purpose of Escrow In a commercial real estate transaction, the parties often utilize the concept of escrow and a third-party escrow agent to facilitate the closing of the transaction. The job of the escrow agent is to ensure that all parties have performed... Read More

Tags: Lexis Practice Advisor , texas , commercial purchase , escrow , real estate

Secured Lending in a Commercial Purchase and Sale Transaction
Posted on 10-20-2016 by Jae Lee

Preliminary Considerations in the Secured Lending Context Virtually every investor in commercial real estate will from time to time enter into a lending relationship as part of a real estate transaction. A loan is generally for the purpose of financing... Read More

Tags: Lexis Practice Advisor , texas , secured lending , real estate , loan

How to avoid turning your costume party into an HR nightmare
Posted on 10-19-2016 by jhyman

Today is Halloween. Truth be told, Halloween is one of my least favorite holidays. It always has been and always will be. I never liked it, even as a kid. Sure, all the candy was fun, but I just never got into the whole dress-up thing. As an adult, I... Read More

Tags: halloween , LIT , Labor & Employment

Due Diligence in a Commercial Purchase and Sale Transaction
Posted on 10-19-2016 by Jae Lee

Purpose of Due Diligence and the Role of the Practitioner Performing due diligence is an important part of the purchasing process, and is certainly something that each buyer of commercial real estate should undertake prior to closing. Due diligence... Read More

Tags: Lexis Practice Advisor , sale transaction , texas , commercial purchase , real estate

Commercial Real Estate Purchase and Sale Agreements
Posted on 10-18-2016 by Jae Lee

In certain instances, a party may want to acquire commercial property via purchase and utilize the same either for its own purposes, or perhaps to lease to others. While such transactions are common, they are certainly more complex than the purchase of... Read More

Tags: Lexis Practice Advisor , texas , sale agreements , real estate

Commercial Leasing in Texas
Posted on 10-17-2016 by Jae Lee

An Attorney’s Role An attorney’s role in a commercial lease transaction is dependent upon several factors including the parties, the size, the location and the intended use of the Leased Premises (e.g., office or retail) and the letter... Read More

Tags: Lexis Practice Advisor , commercial leasing , texas , real estate

PwC Survey on Women as Board Members [SecuritiesMosaic]
Posted on 10-17-2016 by Miriam Robin

This article is part of the bi-weekly Corporate Counsel Report Newsletter, republished here courtesy of the Lexis Securities Mosaic editorial team. According to a recent PwC report that surveyed 884 corporate directors on several different issues,... Read More

Tags: board members , PwC , lexis securities mosaic , women , diversity , corporate counsel report

Poorly Written Material Wastes Time
Posted on 10-15-2016 by Georgia Akers

it’s too long poorly organized unclear filled with jargon it’s imprecise And you want them to keep reading? Get straight to the point. Read More

Tags: #writinglegally

October Webinar Series
Posted on 10-07-2016 by Travis Burchart

Check out the following October webinars for Lexis Advance, Lexis Practice Advisor and Lexis Securities Mosaic. Corporate & Commercial Law Insights with Lexis Practice Advisor Date & Time: Thursday, October 13th at... Read More

No Clawbacks for Oil Services Company in Accounting Fraud Case [SecuritiesMosaic]
Posted on 10-04-2016 by Miriam Robin

This article is part of the bi-weekly Corporate Counsel Report Newsletter, republished here courtesy of the Lexis Securities Mosaic editorial team. Between 2007 and 2012, oil services company Weatherford International allegedly issued false financial... Read More

Tags: compensation clawback , oil , SEC , accounting fraud , lexis securities mosaic , business , corporate counsel report , accounting