Adams and Reese LLP

Contact
Share
Info
Hancock Whitney Center
701 Poydras Street, Suite 4500
New Orleans, LA 70139, United States
Phone: (504) 581-3234
Fax: (504) 566-0210
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Louisiana
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
Number of Attorneys
200+ Attorneys

White House Announces Another Round of Sweeping Regulatory Adjustments to Cuban Sanctions

Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the…more

Cuba, Embargo, Joint Venture, Obama Administration, U.S. Commerce Department

See all updates »

Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion

The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive,…more

Appeals, Breach of Contract, Consequential Damages, Damages, Economic Loss Doctrine

See all updates »

A Piece of the MOSAIC: Simplified Flight Controls for Light Sport Aircraft and Beyond

It’s the stuff of science fiction: walk out to your airplane, strap in, and, instead of a control wheel and assortment of dials and levers, you are presented with a slender device resembling an iPad. Touch “takeoff” on the…more

Aircraft, Automation Systems, Aviation Industry, Certification Requirements, Federal Aviation Administration (FAA)

See all updates »

"The § 1111(b) Election: Overview, Considerations and Unique Issues in Subchapter V"

Under § 506(a)(1) of the Bankruptcy Code, a secured creditor’s claim is secured only to the extent of the collateral’s value. Any amount over that value is bifurcated into a separate unsecured claim. Critically, if a…more

Bankruptcy Code, Commercial Bankruptcy, Consumer Bankruptcy, Creditors, Debtors

See all updates »

Hurricane Ian: Disaster Recovery Checklist for Utilities

In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive list,…more

FCC, FEMA, Filing Deadlines, Hurricane Season, National Historic Preservation Act

See all updates »

Commercial Lenders: Are You Getting Ready for the CFPB?

On March 30, 2023, the Consumer Financial Protection Bureau (“CFPB”) (finally) issued its Final Rule on Section 1071 — only one day ahead of the court-ordered deadline to do so. This means that covered financial institutions…more

Community Reinvestment Act, Consumer Financial Protection Bureau (CFPB), Cyber Security Incident Response Team (CSIRT), Data Management, Dodd-Frank

See all updates »

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement…more

Appeals, Confidentiality Agreements, Employee Rights, Employment Contract, NLRB

See all updates »

WOTUS Definition Just Months Before Supreme Court Ruling ‘Digs Same Hole’ of 50-Year Debate

When you find yourself digging the same hole and getting nowhere, quit digging. At least, that is what rational logic would dictate. On December 30, 2022, the U.S. EPA and the U.S. Army Corps of Engineers (collectively, the…more

Clean Water Act, Environmental Justice, Environmental Protection Agency (EPA), Executive Orders, Navigable Waters

See all updates »

FEMA Rule Changes Target Flexible, Faster Access to Disaster Relief Benefits

Starting March 22, 2024, FEMA will implement new rules intended to provide quicker and more straightforward access to disaster relief for individuals. In summary, the major changes are: Homeowners with inadequate…more

Disaster Relief Fund, FEMA, Property Damage, SBA

See all updates »

As U.S. Warehouse Occupancy Hits All-Time Highs, What are the Top Legal Considerations in Contracts?

Warehouse occupancy across the United States hit an all-time high of 96.7% in 2022, and is projected to hit 96% by the end of 2023, according to the research department of Prologis, Inc., a San Francisco-based real estate…more

E-Commerce, Indemnification, Insurance Industry, Liability, Liens

See all updates »

What are the Potential Catalysts for M&A Resurgence in 2024?

After a sluggish 2023 in which global merger and acquisition activity fell almost 20% to $2.87 trillion – the lowest level since 2013 – the question in the corporate world, is: ‘Will M&A roar back in 2024?’…more

Acquisitions, Artificial Intelligence, Cybersecurity, Economic Development, FinTech

See all updates »

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

See all updates »

No Safe Harbor for Inaccurate Adverse Action Notices Based Upon Undisclosed Use of AI and Complex Credit Models

The Consumer Financial Protection Bureau (CFPB) issued a circular on September 19, 2023, addressing its concerns about a creditor’s use of artificial intelligence or complex credit models to review and make decisions concerning…more

Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), ECOA, Safe Harbors

See all updates »

Clarifying the District Court’s “Gatekeeping” Responsibility

Recent Amendments to the Rules Governing Admissibility of Expert Testimony in Federal Rule of Evidence 702 - In litigation, everything ultimately boils down to proof; that is, how the parties prove their claims and defenses…more

Daubert Ruling, Daubert Standards, Evidentiary Standards, Expert Testimony, Federal Rules of Evidence

See all updates »

[Webinar] Wage and Hour: Potential Pitfalls - April 19th, 12:00 pm - 1:00 pm CDT

Adams and Reese will host a webinar, “Wage and Hour: Potential Pitfalls,” taking place on Wednesday, April 19, from Noon to 1 p.m. central time, via ON24 Webcast. Please join us for a one-hour CLE on common wage and hour…more

Continuing Legal Education, Exempt-Employees, Independent Contractors, Misclassification, Non-Exempt Employees

See all updates »

FTC Issues Rule to Ban Non-Competes; U.S. Chamber Threatens Lawsuit; What Do Employers Need to Know?

The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition and…more

Confidential Information, Department of Labor (DOL), Employee Training, Employment Contract, Employment Policies

See all updates »

Congress Tackling Injury Standards in Class Actions (Again)

Concerns over state courts allowing class actions to proceed, the impact on the U.S. economy, and the undue pressure on companies to settle for significant sums spurred Congress to pass the Class Action Fairness Act of 2005…more

Actual Injuries, Burden of Proof, CAFA, Class Action, Class Certification

See all updates »

As U.S. Warehouse Occupancy Hits All-Time Highs, What are the Top Legal Considerations in Contracts?

Warehouse occupancy across the United States hit an all-time high of 96.7% in 2022, and is projected to hit 96% by the end of 2023, according to the research department of Prologis, Inc., a San Francisco-based real estate…more

E-Commerce, Indemnification, Insurance Industry, Liability, Liens

See all updates »

Employer-Employee Considerations and Tips for Veteran Business Owners

“People don’t do what you expect, but what you inspect.” – Louis V. Gerstner Jr., former CEO of IBM. Gerstner’s quote is often repeated in the military and in business. It is a proactive strategy leaders can implement to…more

At-Will Employment, Business Ownership, Confidentiality Agreements, Employee Training, Employment Policies

See all updates »

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity of…more

Anti-Discrimination Policies, Best Practices, Biden Administration, Collective Bargaining, Continuing Legal Education

See all updates »

International Compliance Digest – April 2024

April was another month of robust trade actions aimed at foreign goods, export compliance, and heightened enforcement powers. DHS issued an enhanced strategy policy on the textile industry with a focus on de minimis shipments…more

CFIUS, China, Compliance, Department of Homeland Security (DHS), Enforcement

See all updates »

Banking Bulletin: Saddle Up! Livestock Lenders and Livestock Leasing

On August 14, 2014, in a dispute regarding entitlement to proceeds resulting from an auction of livestock in possession of a dairy farmer-debtor, the U.S. Court of Appeals for the Sixth Circuit issued an order in favor of a…more

Appeals, Auction, Commercial Bankruptcy, Commercial Leases, Creditors

See all updates »

Six Steps Banks Should Implement to Ensure Their Security Procedures are Commercially Reasonable

Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more…more

Bank Fraud, Bank Security Procedures, Banking Sector, Commercially Reasonable Efforts, Cyber Attacks

See all updates »

New Florida Immigration Law May Have Crippling Effects

An immigration bill that Gov. Ron DeSantis signed into law on May 10 went into effect on July 1. It is one of the strictest in the nation. Its severe penalties not only affect Florida businesses and citizens, but may set a…more

Data Collection, Employer Liability Issues, Employment Eligibility Verification, Florida, Governor DeSantis

See all updates »

Texas Court Strikes Down Enforcement of NLRB Joint-Employer Rule - Implications of the Decision

U.S. District Judge J. Campbell Barker vacated the National Labor Relations Board’s new rule on determining joint-employer status. The March 8 decision comes as the conclusion to a legal challenge brought against the rule in…more

Chamber of Commerce, Enforcement, Injunctions, Joint Employers, New Rules

See all updates »

“Raiders of the Lost Ark”: SCOTUS Sides with Great Lakes, Reverses Raiders’ Win in Maritime Case

Under Federal Admiralty Law, Choice-of-Law Provisions in Maritime Contracts are Presumptively Enforceable - A battle between federal maritime law and state insurance rules was decided today by the highest court when the…more

Choice-of-Law, Dispute Resolution, Insurance Contracts, Insurance Industry, Insurance Litigation

See all updates »

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when…more

Bad Faith, Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Choice of Law in Marine Insurance - What's SCOTUS Going to Do?

Choice of law clauses are a valuable tool for parties to preemptively decide which jurisdiction’s laws should apply to the enforcement and interpretation of insurance policies. Typically, these contracts stipulate that the…more

Commercial Insurance Policies, Marine Insurance, SCOTUS

See all updates »

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

See all updates »

EEOC Publishes Guidelines on Workplace Harassment; First Major Overhaul in 25 Years

The Equal Employment Opportunity Commission (EEOC) issued a crucial set of guidelines on workplace harassment on April 29, 2024, by publishing the "Enforcement Guidance on Harassment in the Workplace". These guidelines are…more

Bostock v Clayton County Georgia, Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Gender Identity, Harassment

See all updates »

U.S. Supreme Court Limits Definition of Wetlands Under Clean Water Act

On May 25, 2023, the Supreme Court published their opinion in a case styled as Sackett II, which again focused on the definition of “waters of the United States” (WOTUS) and the jurisdictional reach the federal government had…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

See all updates »

Fifth Circuit Holds that Not All Jones Act Seamen are FLSA Seamen; Some Entitled to Overtime

In denying an en banc rehearing of Adams v. All Coast, LLC, the Fifth Circuit held that not all Jones Act Seamen are FLSA Seamen. In Adams, as we detailed in February, the Court had reversed a district court ruling finding that…more

Fair Labor Standards Act (FLSA), Jones Act, Seamen, Unpaid Overtime, Wage and Hour

See all updates »

Hurricane Ian: Disaster Recovery Checklist for Utilities

In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive list,…more

FCC, FEMA, Filing Deadlines, Hurricane Season, National Historic Preservation Act

See all updates »

Ready or Not…the New FLSA Regs Are Coming

The Department of Labor (“DOL”) plans to more than double the minimum annual salary necessary for FLSA exemptions – currently $23,660 to $50,440. The DOL will likely issue a final rule later this year. This will be one of the…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Halliburton, Hospitality Industry, Misclassification

See all updates »

Important Louisiana Licensing Tips for Out-of-State Contractors for 2023 Hurricane Season

With the peak of the hurricane season approaching, it is important to share some important tips and requirements for out-of-state contractors to know before performing remediation or restoration work on commercial or residential…more

Construction Industry, Contractors, Hurricane Season, Licensing Rules, Louisiana

See all updates »

Florida’s Lien Law is Under Construction

Earlier this month, House Bill 331 was signed by Florida Gov. Ron DeSantis. House Bill 331 revises several provisions of Florida's Construction Lien Law, which is codified in Chapter 713, Part I of the Florida Statutes. Becoming…more

Construction Liens, Florida, License Agreements, Liens

See all updates »

Navigating Immigration Challenges in Corporate Mergers and Acquisitions

In the intricate processes of mergers and acquisitions, the focus often lands squarely on financials, asset management, and strategic alignments. However, an equally crucial aspect that demands attention is the impact of these…more

Acquisitions, Compliance, Due Diligence, E-1, E-2

See all updates »

The New Unitary Patent and Unified Patent Court – A Bigger and Better Patent System for Europe

The Unitary Patent and the Unified Patent Court are new building blocks that will supplement and strengthen the existing centralized European patent granting and enforcement system. In short, they will offer users of the patent…more

EU, Patent Applications, Patent Infringement, Patents, Unified Patent Court

See all updates »

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when…more

Bad Faith, Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

[Webinar] Defang the Reptile: Understanding Plaintiffs' Use of the "Reptile Theory" and Strategies to Defeat the Attack - April 6th, 12:00 pm - 1:30 pm CDT

Please join Adams and Reese for a wide-ranging, one and a half hour review of reptile theory: What it is, how it came to be, how it is used, and how to defend against it…more

Defense Strategies, Jury Trial, Litigation Strategies, Trial Attorneys, Trial Preparation

See all updates »

FTC Issues Rule to Ban Non-Competes; U.S. Chamber Threatens Lawsuit; What Do Employers Need to Know?

The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition and…more

Confidential Information, Department of Labor (DOL), Employee Training, Employment Contract, Employment Policies

See all updates »

U.S. Department of the Interior Publishes Final Well Control Rule to Help Prevent Offshore Catastrophic Blowouts

The United States Department of the Interior published the final well control rule on Aug. 22 from the Bureau of Safety and Environmental Enforcement (BSEE). The rule clarifies blowout preventer (BOP) system regulations and…more

Biden Administration, BSEE, Deepwater Horizon, Department of the Interior, Energy Sector

See all updates »

Not All at Sea are Seaman – Santee, Sanchez, Sans Jones Act Remedy

In Santee v. Oceaneering International, Inc., the Fifth Circuit determined that a technician for Remote Operated Vehicles (ROVs) on a drill ship, was not a seaman covered by the Jones Act but that his exclusive remedy for an…more

Compensation, Jones Act, Outer Continental Shelf Lands Act, Summary Judgment

See all updates »

Artificial Intelligence Redefines Our Defense Against Cyber Threats

In 2024, the cybersecurity landscape is poised for remarkable transformations and formidable challenges, and artificial intelligence (AI) is redefining the way we defend against cyber threats, with its prevalence in…more

Artificial Intelligence, Cyber Crimes, Cyber Threats, Cybersecurity, Data Breach

See all updates »

ELVIS Act Becomes Law; Tennessee Safeguards Against AI Deepfakes

Tennessee has become the first state to enact legislation introducing new safeguards for the voices of songwriters, performers, and celebrities from artificial intelligence and deepfakes, as Governor Bill Lee signed the ELVIS…more

Artificial Intelligence, Cause of Action Accrual, Deep Fake, Fraud, General Elections

See all updates »

No Magic Words Required: Sixth Circuit Rules Context Clues Are Important to Recognize Employee Accommodations Requests

Imagine you are the newly assigned manager of one of your employer’s grocery stores. After evaluating all your department managers during the first two weeks on the job, you meet with the bakery manager three times over the next…more

Americans with Disabilities Act (ADA), Corporate Counsel, Employer Liability Issues, Employment Litigation, Reasonable Accommodation

See all updates »

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

See all updates »

FTC Issues Rule to Ban Non-Competes; U.S. Chamber Threatens Lawsuit; What Do Employers Need to Know?

The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition and…more

Confidential Information, Department of Labor (DOL), Employee Training, Employment Contract, Employment Policies

See all updates »

What are the Takeaways from Silicon Valley Bank Collapse? Where are We Now?

On Wednesday, March 8, 2023, Silicon Valley Bank (SVB) announced to investors that it needed to raise $2.25 billion to shore up its balance sheet. A few days earlier, another bank (Silvergate Capital) announced it would cease…more

Banking Sector, Bridge Banks, FDIC, Federal Reserve, Financial Institutions

See all updates »

FEMA Rule Changes Target Flexible, Faster Access to Disaster Relief Benefits

Starting March 22, 2024, FEMA will implement new rules intended to provide quicker and more straightforward access to disaster relief for individuals. In summary, the major changes are: Homeowners with inadequate…more

Disaster Relief Fund, FEMA, Property Damage, SBA

See all updates »

FDIC Sends Clear Message in Recent Enforcement Action: BaaS/Fintech Partnerships are a High-Risk Compliance Area

Last month, the Federal Deposit Insurance Corporation (“FDIC”) took action against a bank for alleged unsafe or unsound banking practices. This, in and of itself, is not usual or newsworthy. What is unusual and newsworthy,…more

Audits, Banks, Compliance, Consent Order, EFTA

See all updates »

Insurers Get Relief: CA Rules No Duty to Defend in Opioid Lawsuits. Will Other States Follow?

Since 2014, thousands of individual lawsuits have been filed by state and local governments against opioid makers resulting from the influx of these drugs in the marketplace. To defray the costs in defending against these…more

California, Duty to Defend, Indemnification, Insurance Contracts, Insurance Industry

See all updates »

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

See all updates »

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal…more

Administrative Procedure Act, Center for Biological Diversity, Clean Water Act, Department of Environmental Protection, Dredge and Fill

See all updates »

How Should Florida Community Associations Answer Residents’ Requests for Emotional Support Animals?

A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that the…more

Community Associations, Deceptively Misdescriptive, Documentation, Emotional Support Animals, Fair Housing Act (FHA)

See all updates »

U.S. Supreme Court Limits Definition of Wetlands Under Clean Water Act

On May 25, 2023, the Supreme Court published their opinion in a case styled as Sackett II, which again focused on the definition of “waters of the United States” (WOTUS) and the jurisdictional reach the federal government had…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

See all updates »

“Robo Rules” – U.S. Copyright Office Publishes Guidance on Works Containing Artificial Intelligence

The U.S. Copyright Office has published copyright registration guidance on works containing material generated by artificial intelligence technology. The statement of policy clarifies its practices for examining and registering…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

See all updates »

Texas Court Strikes Down Enforcement of NLRB Joint-Employer Rule - Implications of the Decision

U.S. District Judge J. Campbell Barker vacated the National Labor Relations Board’s new rule on determining joint-employer status. The March 8 decision comes as the conclusion to a legal challenge brought against the rule in…more

Chamber of Commerce, Enforcement, Injunctions, Joint Employers, New Rules

See all updates »

Long Awaited Updated Title IX Regulations Released – What Does it Mean for Your School?

On Friday, April 19, 2024, the United States Department of Education (USDoEd) released the final version (“final rule”) of its amendments to the regulations implementing Title IX. Title IX has now been significantly amended for…more

De Minimus Doctrine, Educational Institutions, Employees, Final Rules, Hostile Environment

See all updates »

Unauthorized Drone Use on a Construction Site? Think Again!

With all the ups and downs the construction industry faced in 2021, don’t let 2022 start off on an unexpected wrong foot. As unmanned aviation continues to take off, you may have an employee on your site who got a drone for…more

Construction Site, Drones, Federal Aviation Administration (FAA), Liability, Unauthorized Access

See all updates »

Lenders: Keep Your Original Promissory Notes Safe; Loan Purchaser Fails to Recover on Note Claims in Florida Decision

A recent opinion out of the Florida Fifth District Court of Appeal makes clear that the failure of a lender or its successor in interest to introduce and authenticate original promissory notes at trial may result in the claimant…more

Appeals, Appellate Courts, Due Diligence, Florida, Lenders

See all updates »

Deeper Dive into HB 837 – Potential Effects, Challenges of Wide-Ranging Florida Tort Reform Bill

Last month, we provided an overview of Florida Tort Reform HB 837 - a wide-ranging tort reform bill ratified on March 24, 2023. With the stated goal of stabilizing the state’s insurance market, the bill’s sweeping provisions…more

Apportionment, Bad Faith, Florida, Insurance Industry, Negligence

See all updates »

Texas Appeals Court Rules in Favor of Adams and Reese Client; Addresses “Best-Efforts” Clause Enforceability

“Best-efforts” clauses in commercial contracts are not enforceable absent an objectively measurable standard or guideline for determining performance, according to the Court of Appeals for the First District of Texas, which…more

Appeals, Best Efforts Clauses, Commercial Contracts, Earn-Outs, Enforcement

See all updates »

Texas Appeals Court Rules in Favor of Adams and Reese Client; Addresses “Best-Efforts” Clause Enforceability

“Best-efforts” clauses in commercial contracts are not enforceable absent an objectively measurable standard or guideline for determining performance, according to the Court of Appeals for the First District of Texas, which…more

Appeals, Best Efforts Clauses, Commercial Contracts, Earn-Outs, Enforcement

See all updates »

What’s Next Following the INFORM Consumers Act?

Focus on IP Law: Online Marketplaces Have Until June 27 to Implement Measures to Comply with New Anti-Counterfeiting Law - Any brand owner with an anti-counterfeiting program will tell you that one of their biggest…more

Consumers, Counterfeiting, Cybersecurity, Disclosure Requirements, Enforcement

See all updates »

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

See all updates »

[Webinar] Workplace Accommodations and Protections for Pregnant and Nursing Mothers: New Federal Law Requirement as of June 2023 - October 5th, 12:00 pm - 1:00 pm CT

Adams and Reese Partner Margaret Myers will lead a complimentary, one-hour CLE webinar to discuss Workplace Accommodations and Protections for Pregnant and Nursing Mothers: New Federal Law Requirement as of June 2023…more

Best Practices, Breastfeeding, Continuing Legal Education, Employer Liability Issues, Federal Labor Laws

See all updates »

Don’t Delete That Data! Actions Required to Satisfy Document Preservation Obligations

When faced with litigation, many companies will hire a lawyer and otherwise continue to operate as if everything else is normal. However, a recent Florida court decision has shown that certain steps are required to satisfy…more

Cell Phones, Data Collection, Data Deletion, Document Preservation Notices, Electronic Records

See all updates »

More Businesses Now Eligible for Employee Retention Credit (ERC) – Do You Qualify?

What is the ERC? Congress introduced the Employee Retention Credit (ERC) as part of the CARES Act to encourage businesses to keep employees on their payroll during the pandemic…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Employee Retention, Paycheck Protection Program (PPP)

See all updates »

Post-Hurricane Idalia Checklist for Individuals and Businesses

In the aftermath of Hurricane Idalia, individuals and families in Florida, Georgia, and South Carolina may be eligible for federal assistance if they live, own a business, or work in the federally-declared disaster area…more

Business Interruption, Documentation, FEMA, Hurricane Season, Insurance Claims

See all updates »

[Webinar] The Legal Ethics Year in Review: News You Can Use for Corporate Counsel - December 15th, 12:00 pm - 1:00 pm CST

Why You Should Attend: Lucian Pera provides a wide-ranging, thorough review of the most important developments over the last year in legal ethics, the law of lawyering, and attorney-client privilege. In the one-hour discussion,…more

Arbitration Agreements, Attorney-Client Privilege, Conflicts of Interest, Continuing Legal Education, Corporate Counsel

See all updates »

Colorado’s Construction Industry Faces Risk from Controversial Consumer Protection Bill

A controversial bill is making its way through the Colorado state legislature that threatens to unleash a flood of litigation that could have far-reaching consequences for the construction industry. House Bill 24-1014 aims…more

Construction Industry, Consumer Protection Act, Unfair or Deceptive Trade Practices

See all updates »

Tennessee Self-Distribution Recap for Brewers

State-wide self-distribution in Tennessee began October 1, 2021 for brewers. Rob Pinson and yours truly prepared the following summary of this ground-breaking law. Enjoy brewing, self-distributing and making money. In the words…more

Beer, Breweries, Jurisdiction, Tennessee

See all updates »

Succession Planning Tips for Veteran-Owned Businesses

Succession planning is critical to all businesses to ensure smooth and continuous operations after important people move on to new opportunities, retire, or pass away. A succession plan or continuity plan, in the case of a…more

Business Operations, Eligibility, SBA, SDVOSB, Succession Planning

See all updates »

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement…more

Appeals, Confidentiality Agreements, Employee Rights, Employment Contract, NLRB

See all updates »

North Carolina Offices Clarify Licensing, Permitting Guidelines for Solar Panel Installations

North Carolina Surges to Fourth in Nation for Solar Energy - A July 2023 Forbes article reports that North Carolina ranks fourth in the nation for solar energy generation, according to the United States Energy Information…more

Contractors, Homeowners Association (HOA), Licensing Rules, North Carolina, Solar Energy

See all updates »

Fifth Circuit upholds “seamen” exemption and dismisses “day-rate” FLSA collective action suit.

A wave of FLSA collective (class) actions have been filed against scores of marine shipping and towing companies in the Gulf States for violation of the FLSA. Specifically, these suits claim that the commonly used “day-rate” pay…more

Attorney's Fees, Class Action, Day-Rate Pay, Fair Labor Standards Act (FLSA), Liquidated Damages

See all updates »

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA compliance…more

Advertising, Auto-Dialed Calls, Carve Out Provisions, Compliance, Data Breach

See all updates »

WOTUS Definition Just Months Before Supreme Court Ruling ‘Digs Same Hole’ of 50-Year Debate

When you find yourself digging the same hole and getting nowhere, quit digging. At least, that is what rational logic would dictate. On December 30, 2022, the U.S. EPA and the U.S. Army Corps of Engineers (collectively, the…more

Clean Water Act, Environmental Justice, Environmental Protection Agency (EPA), Executive Orders, Navigable Waters

See all updates »

Ten Issues to Consider When You Are Planning to Lease Commercial Property

There are many important issues for a business to consider when its leaders plan to lease commercial property as a tenant. Whether the planned new location will be the only location for the business or a new location to be added…more

Business Taxes, Commercial Leases, Commercial Tenants, Contract Terms, Landlords

See all updates »

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when…more

Bad Faith, Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Closing the Chapter 7 Loophole for High Income Debtors

Heralded by debtor’s attorneys as “a wonderful loophole”1 in the Bankruptcy Code, a debtor who has primarily business, rather than consumer, debts can qualify for a speedy Chapter 7 discharge despite a high earning capacity that…more

Chapter 11, Chapter 7, Debtor-Creditor, Debtors, Means Test

See all updates »

ChatGPT: An Insurer's Friend or Foe in the Fight Against Insurance Fraud

The hype around ChatGPT and other artificial intelligence is hard to escape. The importance of learning the risks and advantages of artificial technology cannot be understated. This is especially true for the insurance industry,…more

Artificial Intelligence, Insurance Fraud, Machine Learning

See all updates »

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases, the…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

See all updates »

FTC Issues Rule to Ban Non-Competes; U.S. Chamber Threatens Lawsuit; What Do Employers Need to Know?

The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition and…more

Confidential Information, Department of Labor (DOL), Employee Training, Employment Contract, Employment Policies

See all updates »

Georgia and Florida Pass Commercial Financing Disclosure Laws

To Whom Do the Laws Apply? What are the Required Disclosures? Georgia and Florida join others in passing commercial financing disclosure laws – new state regulations requiring disclosure statements from certain commercial…more

Disclosure Requirements, Equity, Financing, Leases, Online Marketplace Lending

See all updates »

More Businesses Now Eligible for Employee Retention Credit (ERC) – Do You Qualify?

What is the ERC? Congress introduced the Employee Retention Credit (ERC) as part of the CARES Act to encourage businesses to keep employees on their payroll during the pandemic…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Employee Retention, Paycheck Protection Program (PPP)

See all updates »

Louisiana Legislature Convenes Special Session to Address Hurricane Insurance Crisis

Today, the Louisiana Legislature convened a special session to address the issue of funding for the Insure Louisiana Incentive Fund. Governor John Bel Edwards called for the emergency session in response to mounting concerns…more

Homeowner's Insurance, Hurricane Season, Insolvency, Insurance Industry, Louisiana

See all updates »

Property Tax Assessments and Losses Resulting from Hurricane Ida

The damage caused to property by Hurricane Ida in Louisiana was significant. Many businesses will or already have made claims with their insurers for property damage, loss of equipment, inventory, and business interruption. One…more

Hurricane Season, Louisiana, Property Damage, Property Tax, Severe Weather

See all updates »

Service Animals in the Office? Here’s How Employers Should Handle Accommodation Requests

The concept of service animals in the workplace has been around for quite some time, but many managers, especially those at smaller companies, may not have yet had to address it. With regard to employees, you can treat a…more

Americans with Disabilities Act (ADA), Documentation, Employer Liability Issues, Employment Policies, Reasonable Accommodation

See all updates »

CTA Update – Where Do We Stand After Alabama District Court Ruling?

On March 1, 2024, the Northern District of Alabama Northeastern Division, in National Small Business United v. Yellen, No. 5:22-cv-1448 (N.D. Ala.), ruled the Corporate Transparency Act unconstitutional. However, the holding…more

Alabama, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Penalties

See all updates »

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases, the…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

See all updates »

Ask Not for Whom the Blue Bell Tolls

Fifth Circuit Ruling Against Blue Bell’s Corporate Directors and Officers May Limit Availability of Insurance Coverage in Shareholder Derivative Actions - In a recent ruling, the United States Court of Appeals for the Fifth…more

Appeals, Blue Bell Creameries, Bodily Injury, Breach of Duty, Commercial Insurance Policies

See all updates »

Exempted from Overtime Pay?

Supreme Court rules in favor of well-paid oil and gas company supervisor in overtime compensation dispute. Consider for a moment whether a company supervisor who makes over $200,000 annually is a “salaried employee” or not,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Highly Compensated Employees

See all updates »

Shaping the Future of Business Operations: Turning Threat into Opportunity

As the fourth wave of COVID surges, businesses are left, once again, wondering what to expect in regards to their staff, clients, office space, and more. In Season 2, Episode 5, Adams and Reese’s Managing Partner, Gif Thornton,…more

Business Development, Business Operations, Business Opportunities, Coronavirus/COVID-19, Crisis Management

See all updates »

Emerging Trends in Construction Defect/Product Liability for Manufacturers

There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is…more

Addendums, Construction Contracts, Construction Industry, Contractors, Coronavirus/COVID-19

See all updates »

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

See all updates »

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA compliance…more

Advertising, Auto-Dialed Calls, Carve Out Provisions, Compliance, Data Breach

See all updates »

Important Louisiana Licensing Tips for Out-of-State Contractors for 2023 Hurricane Season

With the peak of the hurricane season approaching, it is important to share some important tips and requirements for out-of-state contractors to know before performing remediation or restoration work on commercial or residential…more

Construction Industry, Contractors, Hurricane Season, Licensing Rules, Louisiana

See all updates »

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal…more

Administrative Procedure Act, Center for Biological Diversity, Clean Water Act, Department of Environmental Protection, Dredge and Fill

See all updates »

Shaping the Future of Business Operations: Turning Threat into Opportunity

As the fourth wave of COVID surges, businesses are left, once again, wondering what to expect in regards to their staff, clients, office space, and more. In Season 2, Episode 5, Adams and Reese’s Managing Partner, Gif Thornton,…more

Business Development, Business Operations, Business Opportunities, Coronavirus/COVID-19, Crisis Management

See all updates »

“Just One More Thing”: Lt. Columbo and Operational Realities

After lulling a suspect into a false sense of security, Peter Falk’s famous fictional detective would leave the interview, only to return moments later with the words “just one more thing,” at which point he would ask a critical…more

Aerospace, Aviation Industry, Certification Requirements, Federal Aviation Administration (FAA), Innovative Technology

See all updates »

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to the…more

Cause of Action Accrual, Duty to Defend, Extrinsic Evidence, Insurance Industry, Insurance Litigation

See all updates »

The Legalization of "Alcohol To-Go" in Florida's Highly Regulated Beverage Alcohol Industry

More than a year since the COVID-19 pandemic first began, we are all familiar with the ways in which it has impacted industry in the United States. While it decimated brick and mortar businesses and caused thousands of bars and…more

Alcohol Beverage Control, Beverage Manufacturers, Coronavirus/COVID-19, Direct to Consumer Sales, Executive Orders

See all updates »

Texas Becomes 22nd State to Pass CROWN Act – What Employers Need to Know

Texas has become the 22nd state to pass the CROWN Act – Creating a Respectful and Open World for Natural Hair Act – which essentially prohibits employers, labor unions, and employment agencies, from discriminating against any…more

FEHA, Hairstyle Discrimination, Labor Code, NAACP, Popular

See all updates »

Employer-Employee Considerations and Tips for Veteran Business Owners

“People don’t do what you expect, but what you inspect.” – Louis V. Gerstner Jr., former CEO of IBM. Gerstner’s quote is often repeated in the military and in business. It is a proactive strategy leaders can implement to…more

At-Will Employment, Business Ownership, Confidentiality Agreements, Employee Training, Employment Policies

See all updates »

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to the…more

Cause of Action Accrual, Duty to Defend, Extrinsic Evidence, Insurance Industry, Insurance Litigation

See all updates »

ELVIS Act Becomes Law; Tennessee Safeguards Against AI Deepfakes

Tennessee has become the first state to enact legislation introducing new safeguards for the voices of songwriters, performers, and celebrities from artificial intelligence and deepfakes, as Governor Bill Lee signed the ELVIS…more

Artificial Intelligence, Cause of Action Accrual, Deep Fake, Fraud, General Elections

See all updates »

Colorado’s Construction Industry Faces Risk from Controversial Consumer Protection Bill

A controversial bill is making its way through the Colorado state legislature that threatens to unleash a flood of litigation that could have far-reaching consequences for the construction industry. House Bill 24-1014 aims…more

Construction Industry, Consumer Protection Act, Unfair or Deceptive Trade Practices

See all updates »

Supreme Court Ruling Makes Mortgage Loan Officers Eligible for Overtime Pay

Federal agencies now have the authority to interpret their own rules. On March 9, 2015, in Perez v. Mortgage Bankers Ass’n, No. 13-1041, slip op. (U.S. Mar. 9, 2015), the United States Supreme Court effectively gave federal…more

Administrative Exemption, Administrative Procedure Act, Banks, Department of Labor (DOL), Exempt-Employees

See all updates »

Deeper Dive into HB 837 – Potential Effects, Challenges of Wide-Ranging Florida Tort Reform Bill

Last month, we provided an overview of Florida Tort Reform HB 837 - a wide-ranging tort reform bill ratified on March 24, 2023. With the stated goal of stabilizing the state’s insurance market, the bill’s sweeping provisions…more

Apportionment, Bad Faith, Florida, Insurance Industry, Negligence

See all updates »

Risky Business – Making Indemnities Work

Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in…more

Duty to Defend, Indemnification, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide