Benesch

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200 Public Square
Suite 2300
Cleveland, OH 44114-2309, United States
Phone: 216.363.4500
Fax: 216.363.4588
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Delaware
  • Illinois
  • New York
  • Ohio
Other Countries
  • China
Number of Attorneys
200+ Attorneys

New State Healthcare Antitrust Laws Require Pre-Closing Notice for Certain Healthcare Transactions

During the past year, a number of states have enacted antitrust legislation relating to healthcare entities, which, once effective, will implement a dedicated health care transaction review process by relevant state agencies…more

Acquisitions, Antitrust Provisions, Corporate Practice of Medicine, Health Care Providers, Healthcare Facilities

See all updates »

AI Reporter - April 2024

Tennessee recently became the first state in the Union to pass a law protecting creative artists in the music industry from having their works, voices or likenesses duplicated by AI without authorization. On the surface, the…more

Artificial Intelligence, Business Strategies, Enforcement, Legislative Agendas, Litigation Strategies

See all updates »

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act  (referred to herein as the “CARES Act” or the “Act”).   The CARES Act attempts…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

See all updates »

Tennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI Misappropriation of Voices, Images, and Songs

Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create…more

Artificial Intelligence, Artists, Audio Recording, Biden Administration, Civil Liability

See all updates »

FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020.  Background - FERC is the agency that regulates the…more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

See all updates »

The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s most…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

See all updates »

SEC Proposed Rule-Making - Part I: SEC Proposal on Enhancement and Standardization of Climate-Related Disclosures

In sports, the rules of the game allow for consistent guidance in the face of ambiguity on a given call, as well as allow for comparison across teams, leagues, seasons, and years. SEC Chairman Gary Gensler made this analogy when…more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions

See all updates »

Navigating Financial Distress Caused By The Coronavirus Pandemic

The COVID-19 pandemic has begun to have an almost crippling effect on the short-term operations of virtually all commercial businesses of any size, as well as their long-term viability. Even businesses classified as…more

Business Closures, Business Continuity Plans, Business Interruption, Coronavirus/COVID-19, Debt Restructuring

See all updates »

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act  (referred to herein as the “CARES Act” or the “Act”).   The CARES Act attempts…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

See all updates »

Benesch Law Ops - December 2017

Almost a dozen years ago, Benesch developed a formal client assessment program. Firm leadership believes this program is essential to our success in servicing our clients. The program includes a visit by the Chairman of the Firm…more

Business Development, Client Services, Law Practice Management

See all updates »

California Voters to Decide Future of California’s Controversial Private Attorneys General Act

A bill on the ballot in California this November asks the state’s voters to give the controversial Private Attorney General’s Act (PAGA) a final approval or rejection. …more

California, Employer Liability Issues, Employment Litigation, Labor Law Violations, Private Attorneys General Act (PAGA)

See all updates »

Cannabis Securities Law Update: Shareholder Suit Based on Vague Descriptions Of Product Quality Dismissed as Mere Puffery

New York court dismisses securities fraud claim alleging that cannabis producer misrepresented that its product is “high-quality” despite shipment containing mold and rubber gloves. On May 15, 2020, Justice Barry R…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Dismissals, misre, Puffery

See all updates »

InterConnect Newsletter - Q1 2024

Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most battle-scarred,…more

Act of God, Customs, Customs and Border Protection, Export Controls, FMCSA

See all updates »

Controversial District Court Decision Vacating Nationwide Permit 12 and Disrupting Pipeline Industry Appealed to Ninth Circuit

Last week, on May 13, 2020, the Army Corps of Engineers (the “Corps”) and TC Energy filed notices of appeal with the United States Court of Appeals for the Ninth Circuit seeking an immediate stay of the Federal District Court’s…more

Appeals, Clean Water Act, Oil & Gas, Permits, Pipelines

See all updates »

Examining The Arbitration Clause Landscape Amid Risks

For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual…more

Amazon, Arbitration, Arbitration Agreements, AT&T Mobility, AT&T Mobility v Concepcion

See all updates »

CMS Updates Guidance on Home Dialysis Services Provided in Nursing Homes

On March 22, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued revised Guidance and Survey Process for Reviewing Home Dialysis Services in a Nursing Home (Rev QSO-18-24-ESRD) to State Survey Agency Directors,…more

Centers for Medicare & Medicaid Services (CMS), Dialysis, Dialysis Providers, ESRD, Guidance Update

See all updates »

FTC Announces Changes to HSR Thresholds and Fees

On January 26, 2023, the Federal Trade Commission (“FTC”) published in the Federal Register changes in the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”). The FTC updates these…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications

See all updates »

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

See all updates »

Just a Simple Misunderstanding? The Latest Argument from the United States Department of Treasury Concerning the Constitutionality of the Corporate Transparency Act.

As expected, shortly after receiving the Order from Judge Liles C. Burke of the District Court for the Northern District of Alabama that rendered unconstitutional the Corporate Transparency Act (the “CTA”), the United States…more

Appeals, Congressional Authority, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

See all updates »

Department of Labor Finalizes Rule Change on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10, 2024,…more

Biden Administration, Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues

See all updates »

Benesch DSO Intelligence Quarterly Report: Q1 2023

Dental practice consolidation to continue in 2023 despite economic uncertainty - Despite the rapid increase in consolidation in the past decade, analysts believe that it is only the beginning for the DSO industry, with some…more

Artificial Intelligence, Corporate Practice of Dentistry, Dental Practice, Dentists, Industry Consolidation

See all updates »

COVID-19 Revenue Protection Plan - Protecting Your Cash Flow During a Pandemic

COVID-19 is straining cash flow to a historical extent. When every dollar counts more than ever, you should take steps to protect your business at each stage of its relationships with customers, clients, and business…more

Business Continuity Plans, Coronavirus/COVID-19, State of Emergency

See all updates »

HHS and FDA Release Updated Guidance on Informed Consent

On March 1, 2024, the US Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) and the US Food & Drug Administration (FDA) unveiled a preliminary guidance document named Enhancing…more

Clinical Trials, Department of Health and Human Services (HHS), Draft Guidance, Food and Drug Administration (FDA), Informed Consent

See all updates »

Export Controls Evolving for Infosec Threats to Cloud, SaaS, IaaS, AI Platforms

The growth of cloud services, Software-as-a-Service (“SaaS”) and Infrastructure-as-a-Service (“IaaS”) arrangements, Artificial Intelligence (“AI”) models, and increased reliance on the use outsourced technology service providers…more

Artificial Intelligence, Biden Administration, Bureau of Industry and Security (BIS), Business Operations, Cyber Threats

See all updates »

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific Uncertainly May Violate the First Amendment

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65…more

Constitutional Challenges, First Amendment, Food Labeling, Food Manufacturers, Preliminary Injunctions

See all updates »

Dialysis & Nephrology Digest - April 2024

DaVita acquires portfolio of Fresenius’ South American operations for $300M - DaVita says the deal for Fresenius’ dialysis centers in Chile was finalized, while regulatory approvals for acquisitions in Brazil, Colombia and…more

Clinical Laboratories, Health Care Providers, Healthcare Facilities, Hospitals, Life Sciences

See all updates »

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is…more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

See all updates »

Senator Brown Proposes Innovative Privacy Bill that Discards the Notice and Consent Regime

This past week, United States Senator Sherrod Brown proposed a draft data privacy bill aptly named the Data Accountability and Transparency Act of 2020 (DATA). The DATA seeks to restructure the current “consent” privacy paradigm…more

Consumer Privacy Rights, Data Privacy, Personal Data, Privacy Laws, Proposed Legislation

See all updates »

FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020.  Background - FERC is the agency that regulates the…more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

See all updates »

Dialysis & Nephrology Digest - December 2023

Fresenius continues business consolidation with sale of fertility business for $545M - A consortium consisting of KKR portfolio company IVI RMA and Spanish PE firm GED Capital agreed to pay €500 million for Eugin Group,…more

Business Development, Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Physicians

See all updates »

Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

See all updates »

Contractor Disruption Claims Driven by COVID-19

Introduction: COVID-19 Contractor Disruption Claims - When push comes to shove, and it has, how confident are you that your company will bring to bear the expertise and resources necessary to successfully pursue a valid…more

Business Interruption, Construction Contracts, Construction Industry, Contract Terms, Coronavirus/COVID-19

See all updates »

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

AI Reporter - March 2024

As Benesch’s multidisciplinary AI Commission continues to stay abreast of AI-related developments and legal implications our clients should be aware of, we are proud to debut the firm’s AI Reporter: a monthly roundup of…more

Artificial Intelligence, Corporate Counsel, EU, Federal Trade Commission (FTC), Financial Services Industry

See all updates »

Movin’ On Up: FMCSA’s New Safety Fitness Determinations

UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking (“APRNM”)…more

Advanced Notice of Proposed Rulemaking (ANPRM), Commercial Truck Drivers, Fitness, FMCSA, Motor Carrier Act

See all updates »

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

Spring Cleaning: FCC Modifies TCPA Regulations to Block “Likely” Illegal Text Messages and Considers Further Action On “Lead Generation Loophole”

On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking…more

Comment Period, Consent, FCC, Final Rules, Lead Generators

See all updates »

Cannabis Industry Quarterly Update: Q1 2024

If the Federal Government reschedules marijuana, experts believe it could lead to a cascade of state-level changes. There is growing evidence that Joe Biden’s administration is working on moving marijuana to Schedule III of…more

Agribusiness, Biden Administration, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act

See all updates »

Just a Simple Misunderstanding? The Latest Argument from the United States Department of Treasury Concerning the Constitutionality of the Corporate Transparency Act.

As expected, shortly after receiving the Order from Judge Liles C. Burke of the District Court for the Northern District of Alabama that rendered unconstitutional the Corporate Transparency Act (the “CTA”), the United States…more

Appeals, Congressional Authority, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

See all updates »

Landmarks Newsletter - Summer 2019

It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for…more

Blockchain, Capital Formation, Closing Documents, Commercial Real Estate Market, Consent

See all updates »

Status of Consular Services in KYIV

On March 3, 2022, the Department of Homeland Security (DHS) announced that Ukraine was designated for Temporary Protected Status (TPS). TPS may be provided to a country where there is: (1) ongoing armed conflict; (2)…more

Consulate, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Immigration Procedures

See all updates »

Dialysis & Nephrology Digest - December 2023

Fresenius continues business consolidation with sale of fertility business for $545M - A consortium consisting of KKR portfolio company IVI RMA and Spanish PE firm GED Capital agreed to pay €500 million for Eugin Group,…more

Business Development, Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Physicians

See all updates »

Updated Summary on Paycheck Protection Program (PPP) Round 2

On January 6, 2021, the SBA issued more detailed guidance on the implementation of Paycheck Protection Program (PPP) round 2. The biggest upshot from the SBA’s releases are that except for a limited set of changes (which are…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Guidance Update

See all updates »

Benesch DSO Intelligence Bi-Monthly Report: May - July 2022

Court Square Capital acquisition of West Coast Dental could fuel M&A in Calif. and neighboring states - The acquisition was reportedly valued around $250 million and plans for the acquisition include accelerating new de novo…more

Acquisitions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Compliance, Cyber Attacks

See all updates »

Dialysis & Nephrology Digest - April 2024

DaVita acquires portfolio of Fresenius’ South American operations for $300M - DaVita says the deal for Fresenius’ dialysis centers in Chile was finalized, while regulatory approvals for acquisitions in Brazil, Colombia and…more

Clinical Laboratories, Health Care Providers, Healthcare Facilities, Hospitals, Life Sciences

See all updates »

Omissions Regarding “Known Trends” in a 10-Q Report May Support a Securities Fraud Claim

If a public company fails to disclose in its quarterly or annual reports trends and uncertainties that it could reasonably expect to have a material impact on revenues, at least one significant federal court has held that the…more

Corporate Counsel, Disclosure Requirements, Form 10-Q, Material Disclosures, Publicly-Traded Companies

See all updates »

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly. …more

Business Development, Data Management, Professional Development, Project Management

See all updates »

Illinois Cannabis Outlook 2024

Since passing recreational cannabis in 2019, Illinois has emerged as one of the largest cannabis markets in the country, with total sales approaching $2 billion in 2023. Adult-use cannabis tax revenue topped that of alcohol,…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

See all updates »

Don’t Forget Your Employees on Valentine’s Day (No, Really): California’s Notification Deadline for All Employees with Non-Competition Agreements is February 14, 2024

As previously highlighted by Benesch, California strengthened its long-standing prohibition on non-competition agreements on January 1, 2024. In addition, and also as previously highlighted by Benesch, one of these…more

Contract Terms, Deadlines, Employer Liability Issues, Employment Contract, Former Employee

See all updates »

FCC Set to Upend Lead Generation Industry

On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule is…more

Compliance, Consent, FCC, Lead Generators, Marketing

See all updates »

The EU AI Act: Europe Takes the Lead to Regulate AI

To protect consumers from the potential dangers of artificial intelligence (AI), the European Parliament has approved draft legislation to regulate AI-powered technology. Once approved, the European Union (EU) AI Act (“Act”) is…more

Artificial Intelligence, EU, General Data Protection Regulation (GDPR), Proposed Legislation

See all updates »

Protecting Your Business in a Digital World: Top 10 Questions for Internal Teams and Stakeholders

The questions below are intended to help in-house counsel obtain the most important information related to technology projects so they can evaluate risks to the company’s data, intellectual property, and commercial interests,…more

Commercial Contracts, Confidential Information, Contract Terms, Corporate Counsel, Cybersecurity

See all updates »

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

Old Law, New Tricks: Pen Register and Trap and Trace Claims on the Rise

In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to illegally…more

Data Collection, E-Commerce, Electronic Communications, Internet Retailers, Invasion of Privacy

See all updates »

CMS Updates Guidance on Home Dialysis Services Provided in Nursing Homes

On March 22, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued revised Guidance and Survey Process for Reviewing Home Dialysis Services in a Nursing Home (Rev QSO-18-24-ESRD) to State Survey Agency Directors,…more

Centers for Medicare & Medicaid Services (CMS), Dialysis, Dialysis Providers, ESRD, Guidance Update

See all updates »

The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s most…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

See all updates »

11th Circ. FMLA Ruling Deepens Divide Over Causation

In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a…more

Appeals, Burden of Proof, But For Causation, Causation, Employment Litigation

See all updates »

Cannabis Consumption Lounges Are Legal in Illinois and Elsewhere, But Where Are They?

As states continue to legalize recreational cannabis, there is a growing demand among cannabis users for public venues where they can safely consume and enjoy cannabis products in a social setting. This has led to increased…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses

See all updates »

Congress Enacts New Protections for Pregnant and Nursing Workers

Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA), both of which create new legal rights and remedies for…more

Americans with Disabilities Act (ADA), Breastfeeding, Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

2024 Outlook: Behavioral Health Trends

Healthcare systems are facing significant challenges in recruiting and retaining talent within the burgeoning field of behavioral health services, primarily due to competition from telehealth providers and inconsistent…more

Artificial Intelligence, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Coronavirus/COVID-19

See all updates »

Benesch DSO Intelligence Bi-Monthly Report: May - July 2022

Court Square Capital acquisition of West Coast Dental could fuel M&A in Calif. and neighboring states - The acquisition was reportedly valued around $250 million and plans for the acquisition include accelerating new de novo…more

Acquisitions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Compliance, Cyber Attacks

See all updates »

The H-1B Cap Lottery for FY 2023 is Less Than One-Month Away. Are you ready?

U.S. Citizenship and Immigration Services (“CIS”) is once again requiring employers that want to sponsor a worker for an H-1B visa - which is awarded to employees who possess highly specialized knowledge and a bachelor’s or…more

H-1B, Highly-Skilled Workers Visa, Labor Condition Applications, Lottery, USCIS

See all updates »

InterConnect Newsletter - Spring 2023

In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to…more

Biometric Information, Congressional Investigations & Hearings, Customs, Customs and Border Protection, Logistics

See all updates »

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly. …more

Business Development, Data Management, Professional Development, Project Management

See all updates »

China’s New Export Control Law: A Fact Sheet With Practical Applications

On October 17, 2020, the Export Control Law of the People’s Republic of China (“EC Law”) was finally promulgated after three rounds of deliberation by the 13th National People’s Congress. The new EC Law will take effect on…more

China, Criminal Penalties, Export Controls, Exports, Supply Chain

See all updates »

Driving Change: CARB’s Impacts and Adaptations by Fleet Managers

Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country. Many…more

Air Pollution, Air Quality Standards, CARB, Climate Change, Compliance

See all updates »

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

See all updates »

Supreme Court Sends “Bad Spaniels” to the Doghouse

Not even the First Amendment could rescue VIP and its Bad Spaniels dog toy, as the US Supreme Court recently held that the Rogers threshold test for “expressive works” does not apply in trademark cases involving commercial,…more

Artistic Works, Cease and Desist Orders, Dilution, First Amendment, Intellectual Property Protection

See all updates »

Dialysis & Nephrology Digest - April 2024

DaVita acquires portfolio of Fresenius’ South American operations for $300M - DaVita says the deal for Fresenius’ dialysis centers in Chile was finalized, while regulatory approvals for acquisitions in Brazil, Colombia and…more

Clinical Laboratories, Health Care Providers, Healthcare Facilities, Hospitals, Life Sciences

See all updates »

Department of Justice Announces Department-Wide Safe Harbor for Voluntary Self-Disclosures Discovered During the M & A Process

On October 4, 2023, the Deputy Attorney General Lisa O. Monaco announced that the Department of Justice (“DOJ”) has adopted a new department-wide Mergers and Acquisitions Safe Harbor Policy (the “Safe Harbor Policy”) to…more

Acquisitions, Compliance, Corporate Misconduct, Department of Justice (DOJ), Mergers

See all updates »

Ohioans to Vote on Statewide Ballot Issues

For an “Off-Year” in Ohio’s election cycle, this November election day is shaping up to be a very busy one. While Issue 1 and Issue 2 made it the ballot in different ways, both could have a lasting impact on Ohioans of all ages…more

Ballot Measures, Cannabis Products, Reproductive Healthcare Issues, State and Local Government, State Elections

See all updates »

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

See all updates »

USCIS Announces Changes to The H-1B Visa Lottery Registration, Selection, and Filing Process and Implements Fee Increases For Certain Visas

In an effort to reduce fraud in the H-1B Visa Lottery program, the U.S. Department of Homeland Security (DHS) is implementing a new process targeted at selecting unique beneficiaries rather than registrations. This will give…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

See all updates »

Password Protection Made Easy

You hear it time and time again. You need complicated passwords to protect your personal/private information. You may think that you don’t have that much private information, but, then again, consider the number of credit…more

Authentication, Data Protection, Passwords, Virtual Private Networks, Wi-Fi Hotspot

See all updates »

Landmarks Newsletter - Summer 2019

It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for…more

Blockchain, Capital Formation, Closing Documents, Commercial Real Estate Market, Consent

See all updates »

Competitive Bidding Thresholds for Some Ohio Public Authorities Increasing October 3, 2023

In its 2023 budget bill, H.B. 33, the Ohio Legislature modified several provisions of the Ohio Revised Code that establish dollar thresholds for when certain public authorities must competitively bid for certain goods and…more

Amended Legislation, Competitive Bidding, Construction Industry, Construction Project, New Legislation

See all updates »

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly. …more

Business Development, Data Management, Professional Development, Project Management

See all updates »

Ninth Circuit Shuts Down “Super” Snap Removals, Leaves Question of “Non-Super” Snap Removals (AKA Pre-Service Removals) Open for Another Day

Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.  This bulletin addresses a wrinkle in the law about when removal is possible…more

Appeals, Diversity Jurisdiction, Federal Jurisdiction, Forum Defendant Rule, Jurisdiction

See all updates »

China Officially Promulgates New Cross-Border Data Transfer Requirements

The newly promulgated measures increase the threshold of data triggering security assessments and contract requirements while leaving room for Chinese authorities to heavily restrict cross-border data transfers. In…more

China, Critical Infrastructure Sectors, Cybersecurity, Data Privacy, Data Protection

See all updates »

CMS Releases Ownership Information for Hospices and Home Health

On Thursday, April 20, 2023, the U.S. Department of Health and Human Services (HHS) released ownership data for all Medicare-certified hospice and home health agencies on the Centers for Medicare & Medicaid Services (CMS)…more

Centers for Medicare & Medicaid Services (CMS), Data-Sharing, Department of Health and Human Services (HHS), Health Care Providers, Home Health Agencies

See all updates »

Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

See all updates »

Starbucks Union Dispute Reaches Supreme Court

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees…more

Appeals, Elon Musk, Employer Liability Issues, Employment Discrimination, Employment Litigation

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DOL’s New Assessment Procedures for Calculating Civil Monetary Penalties Significantly Increases Liability for Employers.

The U.S. Department of Labor recently changed how it assesses civil money penalties against employers for violating federal child labor laws, which could significantly increase fines for hiring underage children to perform…more

Child Labor, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hiring & Firing, Labor Law Violations

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OIG Refreshes General Compliance Program Guidance for Health Care Industry Stakeholders

On Nov. 6, 2023, the Department of Health and Human Services (“HHS”) Office of Inspector General (the “OIG”) issued its General Compliance Program Guidance User’s Guide (“GCPG”), a health care compliance program tool for health…more

Chief Compliance Officers, Compliance, Compliance Monitoring, Department of Health and Human Services (HHS), Health Care Providers

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InterConnect - Summer 2016

On April 6, 2016, the Food and Drug Administration (FDA) published its Final Rule on the Sanitary Transportation of Human and Animal Food (the Final Rule). These long-awaited regulations were mandated by the Food Safety…more

Bankruptcy Preferences, Commercial Bankruptcy, Commercial Truck Drivers, Exemptions, Final Rules

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Justices Must Apply Law Evenly In Shadow Docket Rulings

In recent months, the country has seen the rise of the so-called shadow docket. For the uninitiated, this refers to a series of decisions from the U.S. Supreme Court reaching a significant ruling, often on a controversial issue,…more

Abortion, Injunctive Relief, National Federation of Independent Business v Department of Labor and OSHA, Roman Catholic Diocese of Brooklyn New York v. Cuomo, SCOTUS

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Annual Report to Congress on Breaches of Unsecured Protected Health Information

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and Accountability…more

Annual Reports, Compliance, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the FTC…more

Competition, Confidential Information, Contract Terms, Corporate Executives, Employment Contract

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NLRB Finalizes Rollback of Trump-Era Union Election Changes

As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023 decision…more

AFL-CIO, Ambush Election Rules, Collective Bargaining, Final Rules, Labor Relations

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Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

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Retailers: Beware Legislator and Regulator Junk Fee Focus

For many months, Joe Biden has been leading the so-called war on junk fees, a campaign to restrict surcharges spanning across industries - from airline seating upcharges, to hotel resort fees, to extra service charges tacked on…more

Biden Administration, FCC, Federal Trade Commission (FTC), Fees, Hotels

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Is There a Shortcut to Cannabis Rescheduling?

In the next 2 months or so, the Drug Enforcement Agency (DEA) is likely to announce that it will reschedule cannabis under the Controlled Substances Act (CSA) from a Schedule I highly dangerous and addictive drug with no medical…more

Administrative Procedure Act, Cannabis Products, Comment Period, Controlled Substances, Controlled Substances Act

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Benesch Law Ops - December 2017

Almost a dozen years ago, Benesch developed a formal client assessment program. Firm leadership believes this program is essential to our success in servicing our clients. The program includes a visit by the Chairman of the Firm…more

Business Development, Client Services, Law Practice Management

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Major Changes to Pennsylvania’s Contractor and Subcontract Payment Act

Pennsylvania’s amended Contractor and Subcontractor Payment Act (“CASPA”), 73 P.S. § 501 et seq., took effect October 10, 2018 and governs all contracts, subcontracts and purchase orders on private, nonresidential jobs entered…more

Amended Regulation, CASPA, Construction Contracts, Construction Industry, Construction Project

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Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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Fifth Circuit Expands Legal Standard for Employment Discrimination Cases

On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for a…more

Appeals, Civil Rights Act, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Key Clarifications in the EEOC's Final Rule on Pregnancy Accommodations

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule to implement the Pregnant Workers Fairness Act (PWFA)…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy

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Major Questions over Non-Compete Clauses and Overtime Pay

Two major new rules expected in 2024 will have profound effects on the economy and employers around the country: (1) the FTC’s non-compete rule and (2) the Department of Labor’s overtime rule. Both agencies issued notices of…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC), Non-Compete Agreements, Over-Time

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ChatGPT Generates More than Data Outputs; Data Security and Privacy Concerns Grow as Artificial Intelligence Technology Rapidly Advances

One of the primary concerns surrounding ChatGPT and AI is the security of the data used to train and operate these machines and the potential privacy implications if the data is mishandled or intercepted by malicious actors. …more

Algorithms, Artificial Intelligence, Data Privacy, Data Protection, Data Security

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2024: Another Big Year for Cannabis in Ohio and Beyond

2023 was a big year for cannabis and Ohio continues to be center stage for cannabis as the state looks to shape the future of its adult-use recreational cannabis program. With Issue 2 passing in November, Ohio became the latest…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Decriminalization of Marijuana, Dispensaries

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DOL and Treasury Provide Relief from Certain ERISA Deadlines for Benefit Plans and Participants

On April 29, 2020, the Department of Labor and the Department of the Treasury (“Treasury”) issued guidance providing relief for employee benefit plans in the context of the COVID-19 pandemic. The guidance includes the Employee…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Executive Order Combats Race and Sex Stereotyping

On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that…more

Bias, Civil Rights Act, Colleges, Deregulation, Diversity

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Construction Activities Exempt from Ohio’s “Stay At Home” Order - But Use Common Sense

The Director of the Ohio Department of Health issued a “Stay at Home” Order on Sunday, March 22, 2020. While that Order mandates that Ohio residents stay home and that non-essential businesses and operations cease, it contains a…more

Business Closures, Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for…more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

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The Amended FRE 702: No Charlatans on the Stand

The amended language of Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, takes effect on December 1, 2023. Even though the Advisory Committee comment stresses that it intended…more

Admissibility, Evidence, Federal Rules of Evidence, Litigation Strategies, Rule of Evidence 702

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Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for…more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

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UPDATE: Congress Enacts New Protections for Pregnant and Nursing Workers

The validity of the Pregnant Workers Fairness Act (“PWFA”) is being questioned less than one year after it went into effect. On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas…more

Americans with Disabilities Act (ADA), Breastfeeding, Constitutional Challenges, Employee Rights, Equal Employment Opportunity Commission (EEOC)

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Corporate Transparency Act Imposes New Federal Reporting Requirements on Small Businesses

With its effective date on the horizon, many businesses will now need to file reports with the U.S. Dept of Treasury FinCEN division under the new Corporate Transparency Act. This Act, which is part of Congress’ Anti-Money…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Disclosure Requirements

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AI and IP: Leveraging Opportunities for Your Business

Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to enhance…more

Artificial Intelligence, Authors, Authorship, Best Practices, Copyright

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Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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USCIS Announces Changes to The H-1B Visa Lottery Registration, Selection, and Filing Process and Implements Fee Increases For Certain Visas

In an effort to reduce fraud in the H-1B Visa Lottery program, the U.S. Department of Homeland Security (DHS) is implementing a new process targeted at selecting unique beneficiaries rather than registrations. This will give…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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FCC Set to Upend Lead Generation Industry

On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule is…more

Compliance, Consent, FCC, Lead Generators, Marketing

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Regulatory Update for Marine Terminal Operators

Marine terminal operators (MTOs) and ocean common carriers became easy targets upon which to cast blame for the port congestion issues and supply chain weaknesses arising out of the COVID-19 pandemic…more

Federal Maritime Commission, Maritime Transport, Ocean Transportation System, Ports, Regulatory Oversight

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Point of Sale Newsletter - Q2 2020

Regulators are continuing to pursue enforcement action against misrepresentations that are connected to the COVID-19 pandemic. The FTC has received 71,841 fraud reports from January 1 to July 21, where total fraud loss was…more

Business Interruption, Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), Fraud

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Ohio to Require Hospitals to be Licensed

On July 1, 2021, Governor Mike DeWine signed into law a provision in the FY 2022-23 Budget which will require Hospitals to be licensed in Ohio for the first time in the State’s history (the “Ohio Hospital Licensure Law”). Under…more

Governor DeWine, Hospitals, License Applications, Licensing Rules, New Legislation

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The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the FTC…more

Competition, Confidential Information, Contract Terms, Corporate Executives, Employment Contract

See all updates »

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

AI Takes Transformers Beyond Robots In Disguise

Upon hearing the word "transformer," thoughts of change and adaptability often come to mind, sometimes evoking images of those iconic shape-shifting robots. However, when it comes to artificial intelligence, the word…more

Artificial Intelligence, Copyright, Copyright Infringement, Google, Machine Learning

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AI Reporter - April 2024

Tennessee recently became the first state in the Union to pass a law protecting creative artists in the music industry from having their works, voices or likenesses duplicated by AI without authorization. On the surface, the…more

Artificial Intelligence, Business Strategies, Enforcement, Legislative Agendas, Litigation Strategies

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Export Controls Evolving for Infosec Threats to Cloud, SaaS, IaaS, AI Platforms

The growth of cloud services, Software-as-a-Service (“SaaS”) and Infrastructure-as-a-Service (“IaaS”) arrangements, Artificial Intelligence (“AI”) models, and increased reliance on the use outsourced technology service providers…more

Artificial Intelligence, Biden Administration, Bureau of Industry and Security (BIS), Business Operations, Cyber Threats

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Unprecedented Chicago Paid Leave and Paid Sick and Safe Leave Law Delayed to July 1, 2024

When the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) on November 9, 2023, Chicago-based employers had mere weeks to adjust their leave policies to ensure compliance…more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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Dental/DSO Intelligence Monthly Report: March 2024

On Feb. 27, the FBI and HHS issued a warning urging network defenders to review their joint advisory for healthcare organizations to protect against malicious activity after a ransomware group leader said it will be focusing its…more

Americans with Disabilities Act (ADA), Corporate Practice of Dentistry, Cyber Attacks, Cybersecurity, Dentists

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Superfund Defense That The Government Hopes You Don't Know About - Part 3

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability.  Over time, many companies and their legal…more

CERCLA, Contaminated Properties, Defense Strategies, Hazardous Waste, NPDES

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U.S. Private Equity: 2021 Market Outlook

This year should combine both commercial opportunities and regulatory risks for private equity. Deal multiples are high and will probably stabilize or continue to go a little higher given the combined effect of a scarcity of…more

Coronavirus/COVID-19, Economic Downturn, Fund Sponsors, Investment Opportunities, Investors

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Tennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI Misappropriation of Voices, Images, and Songs

Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create…more

Artificial Intelligence, Artists, Audio Recording, Biden Administration, Civil Liability

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REMINDER: Regulation S-K Amendments Effective November 9, 2020

As part of the ongoing efforts by the Securities and Exchange Commission (“SEC”) to modernize public company disclosures, the changes to Regulation S-K announced in late August will become effective on Monday, November…more

Amended Regulation, Corporate Governance, Disclosure Requirements, Publicly-Traded Companies, Regulation S-K

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Curver reaffirms Alice Analogue for Design Patents

In Curver Luxembourg, SARL v. Home Expressions Inc. (No. 2018-2214, Fed. Cir. Sept. 12, 2019), the Federal Circuit affirmed the dismissal of a design patent infringement suit that alleged infringement of U.S. Des. Pat. No…more

CLS Bank v Alice Corp, Design Patent, Dismissals, Federal Rule 12(b)(6), Motion to Dismiss

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DEA Permits Continuation of Telemedicine Controlled Substances Prescribing: A Temporary Pause of the Proposed Rules or a Fundamental Change?

Earlier this year in late February, the Drug Enforcement Administration (DEA) announced proposed rules attempting to change the rules for tele-prescribing controlled drugs that were permitted during the COVID-19 Public Health…more

American Medical Association, Controlled Substances, DEA, Department of Health and Human Services (HHS), Electronic Prescribing

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Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions…more

Admissions, Discrimination, Equal Protection, LGBTQ, Private Schools

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Ninth Circuit Shuts Down “Super” Snap Removals, Leaves Question of “Non-Super” Snap Removals (AKA Pre-Service Removals) Open for Another Day

Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.  This bulletin addresses a wrinkle in the law about when removal is possible…more

Appeals, Diversity Jurisdiction, Federal Jurisdiction, Forum Defendant Rule, Jurisdiction

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SEC Adopts New Rules For Private Fund Advisers

On August 23, 2023, the Securities and Exchange Commission (“SEC”) formally adopted new rules and amendments (collectively, the “Final Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that…more

Compliance, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Private Equity

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Landmarks Newsletter - Summer 2018

Don’t believe everything you read about retail commercial real estate (Retail CRE). If you just looked at the headlines, then you would see that, since reaching a peak of 146.51 on July 25, 2016, the Dow Jones U.S. Retail REIT…more

Blockchain, Brick-and-Mortar Stores, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Health & Human Services Releases Final Rule for Opioid Treatment Programs

The U.S. Department of Health and Human Services (“HHS”) and the Substance Abuse and Mental Health Service Administration (“SAMHSA”) published a final rule on Feb. 2, 2024, that cemented significant Pandemic-era flexibilities…more

Department of Health and Human Services (HHS), Final Rules, Opioid, Pharmaceutical Industry, Prescription Drugs

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Dialysis & Nephrology Digest - December 2023

Fresenius continues business consolidation with sale of fertility business for $545M - A consortium consisting of KKR portfolio company IVI RMA and Spanish PE firm GED Capital agreed to pay €500 million for Eugin Group,…more

Business Development, Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Physicians

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Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

See all updates »

Illinois Update - Gov. Pritzker Extends Protection to Health Care Facilities, Professionals and Volunteers

On April 1, 2020, Illinois Governor J.B. Pritzker issued an Executive Order 2020-19 (“EO”), granting “health care facilities” and "health care professionals" under the Illinois Emergency Management Agency Act (IEMA) immunity…more

Coronavirus/COVID-19, Executive Orders, Governor Pritzker, Health Care Providers, Immunity

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Protect Your Business As You Combat COVID-19 - Liability Immunity Under the PREP Act

In times of crisis, Americans give. They create. They innovate. And, most importantly, they help their neighbors. The COVID-19 pandemic will unleash the full strength of American ingenuity as we mobilize to find, develop,…more

Coronavirus/COVID-19, Countermeasures, Covered Entities, Emergency Response, Immunity

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NLRB Overturns Two Major Trump-Era Precedents

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in Wendt…more

Collective Bargaining, Contract Negotiations, NLRA, NLRB, NLRB General Counsel

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Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code to…more

Artificial Intelligence, Authorship, Biden Administration, Copyright, Copyright Office

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InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues…more

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

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Annual Report to Congress on Breaches of Unsecured Protected Health Information

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and Accountability…more

Annual Reports, Compliance, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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Currents - April 2020: The Party Is Over for Some Charters

On November 26, 2004, the M/T Athos I allided with an abandoned anchor in the Delaware River while attempting to dock in Paulsboro, New Jersey. The nine-ton anchor punctured the vessel’s hull, spilling 264,000 gallons of heavy…more

CITGO Asphalt Refining Co v Frescati Shipping Co Ltd, Clean-Up Costs, Contract Terms, Oil Spills, Safe-Berth Clause

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Dental/DSO Intelligence Monthly Report: March 2024

On Feb. 27, the FBI and HHS issued a warning urging network defenders to review their joint advisory for healthcare organizations to protect against malicious activity after a ransomware group leader said it will be focusing its…more

Americans with Disabilities Act (ADA), Corporate Practice of Dentistry, Cyber Attacks, Cybersecurity, Dentists

See all updates »

InterConnect Newsletter - Q1 2024

Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most battle-scarred,…more

Act of God, Customs, Customs and Border Protection, Export Controls, FMCSA

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InterConnect Newsletter - Q1 2024

Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most battle-scarred,…more

Act of God, Customs, Customs and Border Protection, Export Controls, FMCSA

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IRPA Claims - A Troubling New Trend?

In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq…more

Biometric Information Privacy Act, Class Action, Commercial Use, Intellectual Property Protection, Name and Likeness

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Leveraging AI in Commercial Real Estate

In the ever-evolving landscape of commercial real estate, artificial intelligence (AI) is not just a buzzword; it is a transformative force reshaping the industry. As real estate companies explore methods to harness AI and…more

Algorithms, Artificial Intelligence, Commercial Real Estate Market, Ethics, Legal Ethics

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What’s in an “or”? Recent Supreme Court Decision Broadens the Scope of Specific Personal Jurisdiction, Narrowing Defendants’ Options When Sued Out of State

In a much-anticipated decision issued on March 25, 2021, the United States Supreme Court tackled when companies can be sued outside their “home” state.  Ford Motor Co. v. Montana Eight Judicial District Court, 592 U.S. ___…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court, Jurisdiction

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New CMS Rule Expands Required Ownership Disclosures for Skilled Nursing Facility Ownership

On Nov. 15, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued a new final rule that significantly expands required ownership disclosures for skilled nursing facility (“SNF(s)”) owners and operators…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Long Term Care Facilities, Nursing Homes

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The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the FTC…more

Competition, Confidential Information, Contract Terms, Corporate Executives, Employment Contract

See all updates »

FMCSR Waivers and Exemptions - Game Plan When You Can’t Strictly Comply

Public safety on the roadways is the chief objective of the Federal Motor Carrier Safety Regulations (FMCSRs). Some safety and operations teams will from time to time encounter unique circumstances where strict compliance can be…more

Commercial Truck Drivers, Compliance, Controlled Substances Act, Exemptions, FMCSA

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Real Estate Joint Ventures Involving Private Equity Funds: Regulatory, Structuring, and Practical Considerations

The real estate joint venture (JV) is an investment vehicle that marries investment or development competence on one hand with capital on the other to invest in a real estate platform. The investment or development competence is…more

Buy-Sell Agreements, Choice of Entity, Contract Terms, Joint Venture, Limited Partnerships

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China’s New Export Control Law: A Fact Sheet With Practical Applications

On October 17, 2020, the Export Control Law of the People’s Republic of China (“EC Law”) was finally promulgated after three rounds of deliberation by the 13th National People’s Congress. The new EC Law will take effect on…more

China, Criminal Penalties, Export Controls, Exports, Supply Chain

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The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s most…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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China Officially Promulgates New Cross-Border Data Transfer Requirements

The newly promulgated measures increase the threshold of data triggering security assessments and contract requirements while leaving room for Chinese authorities to heavily restrict cross-border data transfers. In…more

China, Critical Infrastructure Sectors, Cybersecurity, Data Privacy, Data Protection

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White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

InterConnect Newsletter - Winter 2021/2022

Private Carriage Stand-Up: Where to Begin When In-Sourcing Transportation - An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to…more

Customs and Border Protection, Department of Labor (DOL), Due Diligence, Exporters, Exports

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New Legislation Introduced to Protect and Expand Employee Rights and Benefits in New York

On September 6, 2023, New York Governor Kathy Hochul signed legislation making failure to pay wages a criminal offense. The new law, (S2832-A/A154-A), expands New York’s definition of larceny to include “wage theft,”…more

Criminal Liability, Employer Liability Issues, New Legislation, State Labor Laws, Unpaid Wages

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InterConnect Newsletter - Summer 2017

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to…more

Data Protection, Freight Forwarding, Independent Contractors, Motor Carriers, Supply Chain

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ESG in 2021 – The Role of Board Oversight of Corporate Political Spending

Environmental, social and governance (or ESG) issues have been hot topics and buzzwords in corporate governance for well over a decade and these issues have increasingly grabbed the attention of corporations and their boards of…more

Board of Directors, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Institutional Investors

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Driving Change: CARB’s Impacts and Adaptations by Fleet Managers

Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country. Many…more

Air Pollution, Air Quality Standards, CARB, Climate Change, Compliance

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Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)…more

ABC Test, Commercial Truck Drivers, Employee Definition, Employer Liability Issues, Federal Aviation Administration Authorization Act of 1994 (FAAAA)

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House Bill 194: Curbing Baseless Patent Infringement Claims

House Bill 194 was introduced on May 11, 2015, by primary sponsor Representative Kristina Roegner (R), Ohio House District 37. As introduced, the new bill will prohibit persons from engaging in the widespread sending of bad…more

Frivolous Lawsuits, Patent Infringement, Patents, Pending Legislation

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FTC Announces Changes to HSR Thresholds and Fees

On January 26, 2023, the Federal Trade Commission (“FTC”) published in the Federal Register changes in the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”). The FTC updates these…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications

See all updates »

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is…more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

See all updates »

The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s most…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

See all updates »

HHS and FDA Release Updated Guidance on Informed Consent

On March 1, 2024, the US Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) and the US Food & Drug Administration (FDA) unveiled a preliminary guidance document named Enhancing…more

Clinical Trials, Department of Health and Human Services (HHS), Draft Guidance, Food and Drug Administration (FDA), Informed Consent

See all updates »

SEC Adopts New Rules For Private Fund Advisers

On August 23, 2023, the Securities and Exchange Commission (“SEC”) formally adopted new rules and amendments (collectively, the “Final Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that…more

Compliance, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Private Equity

See all updates »

OIG Refreshes General Compliance Program Guidance for Health Care Industry Stakeholders

On Nov. 6, 2023, the Department of Health and Human Services (“HHS”) Office of Inspector General (the “OIG”) issued its General Compliance Program Guidance User’s Guide (“GCPG”), a health care compliance program tool for health…more

Chief Compliance Officers, Compliance, Compliance Monitoring, Department of Health and Human Services (HHS), Health Care Providers

See all updates »

GSA/DoD Transportation Law Primer

Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of…more

Code of Federal Regulations (CFR), Competitive Bidding, Compliance, Department of Defense (DOD), DFARS

See all updates »

Superfund Defense That The Government Hopes You Don't Know About - Part 3

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability.  Over time, many companies and their legal…more

CERCLA, Contaminated Properties, Defense Strategies, Hazardous Waste, NPDES

See all updates »

InterConnect Newsletter - Fall 2022

The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of ESG…more

Climate Change, Connected Cars, Corporate Governance, Customs and Border Protection, Cybersecurity

See all updates »

Hoisted by Your Own (Pet)Arb Clause? New Developments in Mass Arbitration

For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into…more

Amazon, American Arbitration Association, Arbitration, Arbitration Agreements, AT&T Mobility

See all updates »

U.S. Private Equity: 2021 Market Outlook

This year should combine both commercial opportunities and regulatory risks for private equity. Deal multiples are high and will probably stabilize or continue to go a little higher given the combined effect of a scarcity of…more

Coronavirus/COVID-19, Economic Downturn, Fund Sponsors, Investment Opportunities, Investors

See all updates »

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for…more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

See all updates »

USCIS Announces Changes to The H-1B Visa Lottery Registration, Selection, and Filing Process and Implements Fee Increases For Certain Visas

In an effort to reduce fraud in the H-1B Visa Lottery program, the U.S. Department of Homeland Security (DHS) is implementing a new process targeted at selecting unique beneficiaries rather than registrations. This will give…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

See all updates »

New CMS Rule Expands Required Ownership Disclosures for Skilled Nursing Facility Ownership

On Nov. 15, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued a new final rule that significantly expands required ownership disclosures for skilled nursing facility (“SNF(s)”) owners and operators…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Long Term Care Facilities, Nursing Homes

See all updates »

2024 Outlook: Behavioral Health Trends

Healthcare systems are facing significant challenges in recruiting and retaining talent within the burgeoning field of behavioral health services, primarily due to competition from telehealth providers and inconsistent…more

Artificial Intelligence, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Coronavirus/COVID-19

See all updates »

Kentucky Governor Signs Kentucky Consumer Data Protection Act into Law

Kentucky joins the growing trend of U.S. state data protection laws with well over a dozen now in place across the country. Last year proved to be a huge year in U.S. state data protection law, ending with 13 U.S. states…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

See all updates »

Navigating Financial Distress Caused By The Coronavirus Pandemic

The COVID-19 pandemic has begun to have an almost crippling effect on the short-term operations of virtually all commercial businesses of any size, as well as their long-term viability. Even businesses classified as…more

Business Closures, Business Continuity Plans, Business Interruption, Coronavirus/COVID-19, Debt Restructuring

See all updates »

Unprecedented Chicago Paid Leave and Paid Sick and Safe Leave Law Delayed to July 1, 2024

When the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) on November 9, 2023, Chicago-based employers had mere weeks to adjust their leave policies to ensure compliance…more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

See all updates »

2022 Data Protection & Privacy Check List

Beginning in January 2023, three new state privacy laws (and their applicable regulations) come into effect. Additionally, several other countries have taken steps to implement or shore up their own privacy and data protection…more

Compliance, Consumer Privacy Rights, Data Privacy, Data Protection, Privacy Laws

See all updates »

AI Reporter - April 2024

Tennessee recently became the first state in the Union to pass a law protecting creative artists in the music industry from having their works, voices or likenesses duplicated by AI without authorization. On the surface, the…more

Artificial Intelligence, Business Strategies, Enforcement, Legislative Agendas, Litigation Strategies

See all updates »

Supreme Court Overturns Apple’s $399 Million Design Patent Damage Award

For the first time in a century, the United States Supreme Court took up a design patent case. The question before the Court was are all of Samsung’s infringing smartphone profits a proper basis for damages or just some portion?…more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Reversal

See all updates »

InterConnect Newsletter - Fall 2020

One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the…more

Acquisitions, Bureau of Industry and Security (BIS), Compliance, Contract Terms, Coronavirus/COVID-19

See all updates »

Examining The Arbitration Clause Landscape Amid Risks

For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual…more

Amazon, Arbitration, Arbitration Agreements, AT&T Mobility, AT&T Mobility v Concepcion

See all updates »

How Will CMS’ Interim Final Rule Implementing COVID-19 Vaccine Mandate impact Medicare and Medicaid Providers and Suppliers?

On November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) released an interim final rule that will require all healthcare workers of certain Medicare and Medicaid certified providers and suppliers (as listed…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Interim Final Rules (IFR)

See all updates »

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

Driving Change: CARB’s Impacts and Adaptations by Fleet Managers

Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country. Many…more

Air Pollution, Air Quality Standards, CARB, Climate Change, Compliance

See all updates »

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020.  Background - FERC is the agency that regulates the…more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

See all updates »

Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

See all updates »

2024 Outlook: Behavioral Health Trends

Healthcare systems are facing significant challenges in recruiting and retaining talent within the burgeoning field of behavioral health services, primarily due to competition from telehealth providers and inconsistent…more

Artificial Intelligence, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Coronavirus/COVID-19

See all updates »

Pricing Litigation: Ten Years In

Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is proud…more

Advertising, Antitrust Provisions, Arbitration, Class Action, Coronavirus/COVID-19

See all updates »

Just a Simple Misunderstanding? The Latest Argument from the United States Department of Treasury Concerning the Constitutionality of the Corporate Transparency Act.

As expected, shortly after receiving the Order from Judge Liles C. Burke of the District Court for the Northern District of Alabama that rendered unconstitutional the Corporate Transparency Act (the “CTA”), the United States…more

Appeals, Congressional Authority, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

See all updates »

Post-Dobbs Update: What Every Employer Needs to Know Now - Presentation

Dobbs v. Jackson Women's Health Organization - ..6-3 decision: Justice Alito wrote the majority opinion, with separate concurrences from Justices Thomas, Kavanaugh, and Roberts, and dissent by Justices Breyer, Sotomayor, and…more

Abortion, Discrimination, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Constitutional Challenges, DaimlerChrysler v Bauman, Due Process, General Jurisdiction

See all updates »

Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for…more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

See all updates »

Q2 - 2023: Data Privacy & Cybersecurity Quarterly Briefing

Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on Innovation,…more

Artificial Intelligence, Biometric Information, Congressional Committees, Congressional Investigations & Hearings, Cyber Attacks

See all updates »

China Officially Promulgates New Cross-Border Data Transfer Requirements

The newly promulgated measures increase the threshold of data triggering security assessments and contract requirements while leaving room for Chinese authorities to heavily restrict cross-border data transfers. In…more

China, Critical Infrastructure Sectors, Cybersecurity, Data Privacy, Data Protection

See all updates »

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

See all updates »

FTC Announces Temporary Suspension of Early Terminations for HSR Filing Waiting Period; Reduced Filing Thresholds Go Into Effect on March 4

The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) announced that both agencies will temporarily suspend the discretionary practice of early terminations of the Hart-Scott-Rodino Act (HSR) waiting period…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Premerger Notifications

See all updates »

Document Retention for Motor Carriers and Transportation Brokers

Transportation services providers are increasingly facing new technology-oriented threats in day-to-day business. Recent cyberattacks and the potential for serious disruption from threat actors have drawn the attention of the…more

Brokers, Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

See all updates »

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act  (referred to herein as the “CARES Act” or the “Act”).   The CARES Act attempts…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

See all updates »

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

See all updates »

Insurance Coverage Issues in the Midst of COVID-19

The 2019 novel coronavirus (“COVID-19”) continues to disrupt everyday life and scientific experts and world leaders agree that there is no concrete end in sight. Policyholders are understandably concerned wondering if their…more

Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Coronavirus/COVID-19, D&O Insurance

See all updates »

Q2 - 2023: Data Privacy & Cybersecurity Quarterly Briefing

Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on Innovation,…more

Artificial Intelligence, Biometric Information, Congressional Committees, Congressional Investigations & Hearings, Cyber Attacks

See all updates »

Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

See all updates »

The Amended FRE 702: No Charlatans on the Stand

The amended language of Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, takes effect on December 1, 2023. Even though the Advisory Committee comment stresses that it intended…more

Admissibility, Evidence, Federal Rules of Evidence, Litigation Strategies, Rule of Evidence 702

See all updates »

Department of State to Resume Stateside H-1B Visa Renewal Program

Commencing January 29, 2024, and expected to run through April 1, 2024, DOS will launch a pilot program for certain eligible foreign nationals from Canada and India to renew their H-1B Visas stateside without having to travel…more

Canada, Foreign Nationals, H-1B, Immigration Procedures, India

See all updates »

OSHA Clarifies Employee Representative Rights in Workplace Inspections with New Rule

The U.S. Department of Labor recently published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration (“OSHA”) compliance officer during an…more

Employee Representatives, Employer Liability Issues, Final Rules, Human Resources Professionals, OSHA

See all updates »

Major Changes to Pennsylvania’s Contractor and Subcontract Payment Act

Pennsylvania’s amended Contractor and Subcontractor Payment Act (“CASPA”), 73 P.S. § 501 et seq., took effect October 10, 2018 and governs all contracts, subcontracts and purchase orders on private, nonresidential jobs entered…more

Amended Regulation, CASPA, Construction Contracts, Construction Industry, Construction Project

See all updates »

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

COVID-19: Developer Claims Toolbox

COVID-19: Two Sides of the Same Coin - Introduction - Globally, the construction industry is largely in the excuse business. And, especially with the advent of COVID-19, that business is booming. Progress of construction…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

See all updates »

The Amended FRE 702: No Charlatans on the Stand

The amended language of Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, takes effect on December 1, 2023. Even though the Advisory Committee comment stresses that it intended…more

Admissibility, Evidence, Federal Rules of Evidence, Litigation Strategies, Rule of Evidence 702

See all updates »

2024: Another Big Year for Cannabis in Ohio and Beyond

2023 was a big year for cannabis and Ohio continues to be center stage for cannabis as the state looks to shape the future of its adult-use recreational cannabis program. With Issue 2 passing in November, Ohio became the latest…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Decriminalization of Marijuana, Dispensaries

See all updates »

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for…more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

See all updates »

Annual Report to Congress on Breaches of Unsecured Protected Health Information

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and Accountability…more

Annual Reports, Compliance, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

See all updates »

An Act of God Carve-Out Survives in Cargo Litigation, in The High Tech Era

Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most battle-scarred,…more

Act of God, Business Losses, Defense Strategies, FOIA, Loss of Income

See all updates »

2024: Another Big Year for Cannabis in Ohio and Beyond

2023 was a big year for cannabis and Ohio continues to be center stage for cannabis as the state looks to shape the future of its adult-use recreational cannabis program. With Issue 2 passing in November, Ohio became the latest…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Decriminalization of Marijuana, Dispensaries

See all updates »

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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:

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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.

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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:

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How We Protect Your Information

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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
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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.

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