Butler Snow LLP

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1020 Highland Colony Parkway, Ste. 1400
P.O. Box 6010
Ridgeland, Mississippi 39158, United States
Phone: (601) 985-5711
Fax: (601) 985-4500
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • Colorado
  • D.C.
  • Georgia
  • Louisiana
  • Massachusetts
  • Mississippi
  • Nevada
  • New Mexico
  • New York
  • North Carolina
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Other Countries
  • Singapore
  • United Kingdom
Number of Attorneys
200+ Attorneys

50-State Survey: The Learned Intermediary Doctrine

The world is waiting as pharmaceutical drug manufacturers rush to create products that can cure and treat COVID-19. In all likelihood, these products will require a doctor’s prescription before patients can access it. Patients…more

Coronavirus/COVID-19, Learned Intermediary, Manufacturers, Medical Devices, Pharmaceutical Industry

See all updates »

Pro Te: Solutio Vol. 8 No. 3

Dear Client - Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery…more

Apex Doctrine, Discovery, Evidence, Federal Rules of Civil Procedure, Innovator Liability

See all updates »

Clawing Your Way to the Top in the Age of Computer-Assisted Review

Have you ever tried to personally review 15,000,000 pages of electronic documents for privilege and relevance? There comes a time in the discovery process when manual, human review of documents is not only inefficient, but a…more

Attorney-Client Privilege, Clawbacks, Discovery, Electronically Stored Information, Privileged Documents

See all updates »

Travel Insurance Amid The COVID-19 Pandemic

Months and months ago you planned a wonderful vacation to Italy, or you scheduled an important business trip to Spain, or a cruise around the Greek Isles, or a shopping trip to New York, or a college assessment in California, or…more

Coronavirus/COVID-19, Infectious Diseases, Insurance Claims, Insurrection, International Travel

See all updates »

EEOC Answers Questions About COVID-19 Issues in the Workplace

On March 27, 2020, the EEOC answered employers’ questions related to the intersection of COVID-19 with the Americans with Disabilities Act (ADA), the Genetic Information and Nondiscrimination Act (GINA), the Age Discrimination…more

ADEA, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues

See all updates »

Out of Time: Bifurcating the Statute of Limitations

The statute of limitations is a powerful defense for defendants. But it is a tricky one to assert at trial in any of the majority of states recognizing a discovery rule—which commonly provides that the statute of limitations…more

Bifurcation, Discovery, Federal Rules of Civil Procedure, Jury Trial, Liability

See all updates »

International Privacy Laws and Clinical Trials

Recent developments in international privacy laws have complicated the conduct of clinical trials outside of the United States. Since the privacy law of the European Union – the General Data Protection Regulation or “GDPR” –…more

Brazil, Clinical Trials, Data Collection, Data Protection, EU

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High Hurdles to Class Actions Remain Even in the Time of COVID-19

Before 2020, most people only associated the term Corona with a beer. Now, Corona will be at the heart of the American judicial system for years to come. Legal experts anticipate a significant increase in the number of class…more

Class Action, Class Certification, Colleges, Coronavirus/COVID-19, Educational Institutions

See all updates »

What is the Message from Artificial Intelligence

When announcing the much publicized $125 million fine against JP Morgan for violating recordkeeping rules, the U.S. Securities and Exchange Commission (“SEC”) Chair stated that financial institutions “did not act as if they got…more

Artificial Intelligence, CFTC, Department of Justice (DOJ), Electronic Communications, Employees

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What Are Our Obligations With Regard to a Client’s File?

Recently, while catching up on my “pleasure” reading — the November issue of The Alabama Lawyer — during a lunch break, I came across an article from the Office of General Counsel regarding the “Retention, Storage, Ownership,…more

Client Data, Document Retention Policies, Former Clients, Legal Ethics, Rules of Professional Conduct

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

The Nuremberg Trials:  A Story for Trial Lawyers

Analyzed by legal scholars, cited as precedent for modern international law and medical ethics, and depicted in movies, the tale of the Nuremberg Trials imparts wisdom, reveals uncomfortable truths about the human condition and…more

Closing Arguments, Cross Examination, Defense Strategies, Evidence, Jury Trial

See all updates »

Back to Business Mississippi Grant Program

The Back to Business Mississippi Grant Program (the “Program”) was created by the 2020 COVID-19 Mississippi Business Assistance Act (the “Act”). The Program, which is available until November 1, 2020, allows an eligible business…more

Applications, Eligibility, For-Profit Corporations, Grants, Limited Liability Company (LLC)

See all updates »

50-State Survey of Statutory Caps on Damages and the Applicability of the Collateral Source Rule

Tort reform has ushered in legislation imposing caps on damages in jurisdictions across the country. Unsurprisingly, these statutory caps on damages have faced numerous challenges, leading to a hodgepodge set of rules across…more

Collateral Source Rule, Compensatory Damages, Damage Caps, Jurisdiction, Legislative Agendas

See all updates »

OSHA Penalties: Up, Up, and Away!

CONSIDERATIONS FOR EMPLOYERS AS OSHA PENALTIES SOAR TO NEW HEIGHTS - The U.S. Department of Labor recently announced inflation-adjustment increases in penalties for violating regulations promulgated by DOL agencies, including…more

Department of Labor (DOL), Employer Liability Issues, Labor Law Violations, OSHA, Penalties

See all updates »

Will Artificial Intelligence Change the Legal Profession?

“In recent years, artificial intelligence (AI) has gained significant attention in various industries, and the legal profession is no exception. AI has the potential to revolutionize the way lawyers work, from automating mundane…more

Artificial Intelligence, Bots, Law Firm Associates, Law Firm Partners, Law Practice Management

See all updates »

Crafting a Measured Response to the Right-To-Repair Movement

Over the last several years, State and Federal legislatures across the country have proposed and adopted laws that will transform and hinder the entire manufacturing industry. The various right-to-repair laws gaining traction…more

Diagnostic Tests, Electronic Devices, Electronics, Federal Trade Commission (FTC), Legislative Agendas

See all updates »

The Current State of Delta-8 Substances

In recent months, Delta-8—a cannabinoid derived from the hemp plant—has emerged in Texas news. Delta-8 products have been sold in Texas since the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill,…more

Agribusiness, Appeals, Cannabis Products, Governor Abbott, Health and Safety

See all updates »

Real Estate Commissions in the Crosshairs

Recently, a federal jury in Missouri returned a verdict ordering the National Association of Realtors (“NAR”), along with several other national real estate brokerages, to pay $1,785,310,872.00 in damages after finding NAR and…more

Buyers, Class Action, National Association of Realtors, Real Estate Brokers, Real Estate Market

See all updates »

Trial Lawyer Roundtable

It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to…more

Client Communication, Client Representation, Client Services, Coronavirus/COVID-19, Defense Strategies

See all updates »

Tax-Exempt Advance Refunding Bonds: History and Legislative Updates

Prior to January 1, 2018, Section 149(d) of the Internal Revenue Code (26 U.S.C. § 149) and the accompanying Treasury Regulations allowed the issuance of tax-exempt advance refunding bonds. According to that section, a bond is…more

Amended Legislation, Bonds, Internal Revenue Code (IRC), IRS, Proposed Legislation

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Muldrow v. City of St. Louis: The Supreme Court Opens the Door for Discriminatory Job Transfer Claims

On Wednesday, April 17, 2024, the United States Supreme Court provided an opening for workers to allege employment discrimination claims regarding job transfers based on sex, race, religion, or national origin. In Muldrow v…more

Adverse Employment Action, Civil Rights Act, Discrimination, Employee Transfers, Employer Liability Issues

See all updates »

Texas Senate Releases Interim Charges Impacting Affordable Housing

On April 11, 2024, Lt. Governor Patrick issued interim charges for Senate committees to study in preparation for the 89th Legislative Session. Interim charges are directives to committees to study specific policy issues and make…more

Affordable Housing, Legislative Agendas, New Legislation, Real Estate Development, Regulatory Reform

See all updates »

Pro Te: Solutio – Vol. 12, No. 2

Pro Te: Solutio returns for its second edition of 2019. As the year grinds on, our attorneys at Butler Snow are taking proactive and creative steps to confront and solve the issues that affect our areas of practice. The first…more

Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Care Providers, Healthcare, Labeling

See all updates »

Will Artificial Intelligence Change the Legal Profession?

“In recent years, artificial intelligence (AI) has gained significant attention in various industries, and the legal profession is no exception. AI has the potential to revolutionize the way lawyers work, from automating mundane…more

Artificial Intelligence, Bots, Law Firm Associates, Law Firm Partners, Law Practice Management

See all updates »

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered in…more

Employees, Employer Liability Issues, Hiring & Firing, Joint Employers, NLRA

See all updates »

Texas Bankruptcy Court ‘Likes’ Facebook and Twitter Accounts as Property of the Reorganized Debtor

In a recent opinion in In re: CTLI, LLC (Tactical Firearms), Judge Jeff Bohm in the United States Bankruptcy Court for the Southern District of Texas ordered a debtor to handover its Facebook and Twitter accounts to the…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Digital Assets, Facebook

See all updates »

Navigating the Stream of Commerce: “Purposeful Availment” in the Wake of Ford

We recently covered the United States Supreme Court’s troubling decision in Ford Motor Company v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), which has broadened the reach of specific personal jurisdiction…more

Automotive Industry, Causation, Component Parts Doctrine, Ford Motor, Ford Motor Co. v Bandemer

See all updates »

Trial Lawyer Roundtable

It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to…more

Client Communication, Client Representation, Client Services, Coronavirus/COVID-19, Defense Strategies

See all updates »

Mississippi DOR Responds to Requests to Relief

The Mississippi Department of Revenue is aware of the new pressures on the business community and state governments in responding to the COVID 19 pandemic. We are committed to doing what we can to help provide relief and…more

Coronavirus/COVID-19, Department of Revenue, Filing Deadlines, Income Taxes, Interest Accrual

See all updates »

Pro Te: Solutio – Vol. 12, No. 3

Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues…more

Centers for Medicare & Medicaid Services (CMS), Criminal Liability, Criminal Prosecution, Department of Justice (DOJ), Expert Testimony

See all updates »

Saving Time and Money: Preemption of Direct Negligence Claims Against Employers in Tennessee

Although Tennessee courts recognize claims asserted against an employer such as negligent hiring, training, supervision, and entrustment, recent case law suggests that those claims may no longer viable after an employer admits…more

Appeals, Employees, Employer Liability Issues, Employment Litigation, Negligence

See all updates »

New MSRB Rule Will Increase Available Information Regarding Trades of Municipal Securities

Last month, the Securities and Exchange Commission (the “SEC”) approved amendments by the Municipal Securities Rulemaking Board (the “MSRB”) to MSRB Rule G-14 regarding the reporting of trades of municipal securities. These…more

Amended Regulation, Bonds, MSRB, Municipal Bonds, Municipal Securities Issuers

See all updates »

The European Commission’s New Standard Contractual Clauses: Transferring Personal Data from the EU (A Long Overdue “Take Two”)

On June 4, 2021, the European Commission adopted a new, highly anticipated set of standard contractual clauses to facilitate the transfer of personal data out of the European Economic Area (“EEA”) in accordance with the European…more

Corporate Counsel, EU, EU Data Protection Laws, European Commission, European Economic Area (EEA)

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Looking Beyond the Pandemic – AI and Digital Health Kick into Warp Speed

What This Means for the FDA and the Industry - The COVID-19 pandemic has spurred the development of digital health products utilizing artificial intelligence (AI) and machine learning (ML). When the pandemic passes, there…more

Artificial Intelligence, Coronavirus/COVID-19, Digital Health, Food and Drug Administration (FDA), Liability

See all updates »

Forgivable Loan Relief Offered to Small Businesses Under CARES Act

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which provides crucial support and relief for businesses, including $349 billion for Small Business Administration…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness, Small Business

See all updates »

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of Employers’ Policy to Hire “Most Qualified” Person

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is…more

Americans with Disabilities Act (ADA), Disabilities, Disability Discrimination, Employees, Employer Liability Issues

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It is Not Tortious to Interfere if You Are Exercising a Legitimate Interest or Right

In many commercial disputes, one or more of the parties will assert a tortious interference claim against the other. While there are several variations of tortious interference claims (e.g., interference with existing…more

Contract Disputes, Tortious Interference

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Campaign Season Poses Challenges for Local Governments

It is that time of year again… “Election Season.” In addition to candidates on the ballot on a state and national level, many local governments are gearing up to place questions on the ballot with respect to debt issuances…more

Campaign Contributions, Political Campaigns, Presidential Elections, Public Funds, State and Local Government

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Potential Coronavirus Impact on Commercial Transactions: Thinking Ahead

As concerns continue to be raised and addressed with respect to the Coronavirus, businesses should be alert to the real potential that they may face commercial challenges from potential disruptions related to its existence,…more

Business Continuity Plans, Business Disruption, Contract Terms, Coronavirus/COVID-19, Suppliers

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The Learned Intermediary Doctrine: Debunking Myths

The learned intermediary doctrine is not sexy. Its application doesn’t require depositions or a jury trial. Look no further than its name:  it’s a legal doctrine. Nevertheless, drug and device manufacturers still face a litany…more

Failure To Warn, Inadequate Warning, Learned Intermediary, Liability, Manufacturers

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Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

Crafting a Measured Response to the Right-To-Repair Movement

Over the last several years, State and Federal legislatures across the country have proposed and adopted laws that will transform and hinder the entire manufacturing industry. The various right-to-repair laws gaining traction…more

Diagnostic Tests, Electronic Devices, Electronics, Federal Trade Commission (FTC), Legislative Agendas

See all updates »

SCOTUS Watch Update: No “discovery rule” for Rotkiske; FDCPA one-year limitations period runs from date of violation.

We noted earlier the Supreme Court’s review of the Third Circuit’s decision in Rotkiske v. Klemm regarding the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). Again, this was a case…more

Cause of Action Accrual, Credit Cards, Debt Collectors, Default Judgment, Discovery Rule

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SPEAK UP: Practical Recommendations for Rule 34 Product Inspections

“Anybody else have something to say?” - Ted Lasso, S3 Ep 12 - Robert Burgett is a good neighbor. He keeps his yard tidy. And in the summer of 2010, in the rolling hills of eastern Kentucky near the town of Belfry, Burgett…more

Data Collection, Data Management, Data Preservation, Discovery, Document Productions

See all updates »

General Assembly of Georgia Legislative Changes Impacting Annexation – 2022

During the 2022 Regular Session of the General Assembly of Georgia, the Legislature enacted legislation that impacts annexation. The following is a summary of those statutory amendments which became effective on July 1, 2022:…more

Annexation, General Assembly, Georgia, Legislative Agendas, Local Ordinance

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Tennessee Reforms Certificate of Need Process and Coverage

The Tennessee General Assembly enacted legislation in 2021 to update and reform the certificate of need (“CON”) process. The legislative effort to change Tennessee CON law began in the General Assembly’s 2020 session. With…more

Certificate of Need, General Assembly, Health Care Providers, Healthcare Facilities, Healthcare Reform

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Qualified Private Activity Bonds and the Bipartisan Infrastructure Framework

Deemed to be a “once-in-a-generation investment in our infrastructure,”[1] the Infrastructure Investment and Jobs Act (H.R. 3684) is expected to be signed into law by President Biden in the coming days, ending a nearly three…more

Biden Administration, Broadband, Highways, Infrastructure, Infrastructure Financing

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Employers Should Not Forget the Federal Law That Protects Servicemembers

With Veterans Day recently passed, it seems like a good time to remind employers of a federal law with teeth that protects employed servicemembers. It behooves employers not to overlook USERRA, the “Uniformed Services Employment…more

Department of Labor (DOL), Employer Liability Issues, Hiring & Firing, Military Service Members, USERRA

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Recent Case Breathes New Life into Old Law in South Carolina

Introduction: Employers have long used independent contractors to efficiently and effectively perform work and provide services while at the same time insulating themselves from direct liability for the contractors’ conduct…more

Breach of Duty, Employer Liability Issues, Employment Contract, Independent Contractors, Job Applicants

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New Markets Tax Credit Program Once Again Extended, Spurring Continued Economic Growth

The New Markets Tax Credit (NMTC) program is a shining light for struggling communities, spurring economic development and producing job growth in low-income communities, many of which are areas that have been hit the hardest…more

Census, Community Development Entities, Consolidated Appropriations Act (CAA), IRS, Low-Income Issues

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Louisiana Law Now Requires Employers to Provide Leave of Absences for Workers Who Need Medically Necessary Genetic Testing or Cancer Screenings

In the 2023 Regular Session, Louisiana lawmakers passed Act No. 210 (the Act), which provided protections for employees who are absent from work to obtain genetic testing or a medically necessary cancer screening. The Act has an…more

Cancer, Employer Liability Issues, Genetic Testing, Leave of Absence, Louisiana

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Which Court Will Be the First to Decide Whether Business Interruption Insurance Policies Cover Losses Due to COVID-19?

Since March, businesses across the country have closed to comply with various local and state orders entered suspending business operations to prevent the spread of COVID-19. Some of these businesses have filed insurance claims…more

Business Disruption, Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19

See all updates »

Update on PFAS Regulatory Actions for Drinking Water

EPA is moving forward on the drinking water component of its PFAS Action Plan by requesting the Office of Management to review its proposed regulatory determinations for two types of PFAS. This is a definite step toward…more

Contaminated Properties, Contamination, Drinking Water, Groundwater, Hazardous Substances

See all updates »

OSHA Issues Guidance on Strategies to Mitigate and Prevent the Spread of COVID-19 in the Workplace

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Assistant Secretary of Labor for Occupational Safety and Health to issue science-based guidance for employers…more

Anti-Retaliation Provisions, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employment Policies, Executive Orders

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Texas COVID-19 Response Updates

Governor Abbott issued a proclamation yesterday allowing local governments to postpone May 2 elections until November 3 and urged local officials to take advantage of this change to reduce COVID-19 virus exposure. Governor…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Abbott, Natural Disasters

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Louisiana COVID-19 Response Updates

Louisiana House of Representatives and Senate will convene on Tuesday 3/31/2020 at 11:00 AM, having recessed the regularly-scheduled session in light of the COVID-19 threat. March 22, 2020 - On Sunday, March, 22, 2020, Gov…more

Coronavirus/COVID-19, Executive Orders, Governor Bel Edwards, Social Distancing

See all updates »

Travel Insurance Amid The COVID-19 Pandemic

Months and months ago you planned a wonderful vacation to Italy, or you scheduled an important business trip to Spain, or a cruise around the Greek Isles, or a shopping trip to New York, or a college assessment in California, or…more

Coronavirus/COVID-19, Infectious Diseases, Insurance Claims, Insurrection, International Travel

See all updates »

Reviewing Workplace DEI Practices in Light of Students for Fair Admissions Ruling

On June 29, 2023, the United States Supreme Court found affirmative action in the college admissions programs of two well-known universities to be unconstitutional. Despite the opinion only addressing two specific college…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Trial Lawyer Roundtable

It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to…more

Client Communication, Client Representation, Client Services, Coronavirus/COVID-19, Defense Strategies

See all updates »

Prior Authorization Reform in Healthcare: Winds of Change?

Bob Dylan, winner of the Nobel Prize in Literature and one of the greatest American songwriters of all time, has effectively used wind as a metaphor in a number of songs he has written, each with its own distinct message…more

American Medical Association, Billing, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance

See all updates »

Let’s Get Down to Business (Court): A Primer on Texas’ newest Trial Court

Although wading through the salient headlines from the 2023 Texas state legislative session has felt like an endless feat, Texas businesses (and litigators) should take some time to acquaint themselves with H.B. 19, which…more

Appeals, Business Litigation, Declaratory Relief, Injunctive Relief, Jurisdiction

See all updates »

First Amendment Protects Radio Station’s Criticism of NCAA Referee

On Thursday, February 27, 2020, the Sixth Circuit affirmed dismissal of an NCAA referee’s lawsuit against a Kentucky radio station for allegedly inciting harassment against him and his roofing business through its coverage of…more

Defamation, First Amendment, Harassment, NCAA, Public Figures

See all updates »

MS Supreme Court Allows Equitable Remedies Notwithstanding Statute of Frauds, Overruling Prior Precedent

Mississippi has multiple statutes of frauds, which require certain contracts be in a writing signed by the party to be charged in order to be enforceable. A frequently seen example is a contract for the sale of land. In…more

Commercial Litigation, Contract Drafting, Equitable Relief, MS Supreme Court, Statute of Frauds

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Mississippi Legislature Says College Athletes Can Receive Compensation

Mississippi’s colleges and universities have a new recruiting tool for student athletes. The Mississippi Intercollegiate Compensation Rights Act was passed by the Mississippi legislature earlier this year and went into effect on…more

College Athletes, Colleges, Compensation, Educational Institutions, Legislative Agendas

See all updates »

Travel Insurance Amid The COVID-19 Pandemic

Months and months ago you planned a wonderful vacation to Italy, or you scheduled an important business trip to Spain, or a cruise around the Greek Isles, or a shopping trip to New York, or a college assessment in California, or…more

Coronavirus/COVID-19, Infectious Diseases, Insurance Claims, Insurrection, International Travel

See all updates »

Recent Developments in the “Right to Repair” Movement

MOTOR VEHICLES - In 2020, Massachusetts voters considered “Question 1” in their state election which sought to amend a 2012 Right to Repair law requiring automakers to expand access to mechanical and electronic repair data…more

Automotive Industry, Cell Phones, Manufacturers, Motor Vehicles, Right to Repair

See all updates »

Forgivable Loan Relief Offered to Small Businesses Under CARES Act

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which provides crucial support and relief for businesses, including $349 billion for Small Business Administration…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness, Small Business

See all updates »

COVID-19 and Secondary Market Disclosure

Our thoughts are with you, your loved ones and organizations as we all navigate this public health crisis together. We are providing this alert to our public finance clients and other professionals regarding COVID-19 and its…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds, Municipal Securities Issuers

See all updates »

FTC Issues Final Rule Purporting to Ban Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business interests. In January 2023, the FTC issued a…more

Employees, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

See all updates »

Forgivable Loan Relief Offered to Small Businesses Under CARES Act

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which provides crucial support and relief for businesses, including $349 billion for Small Business Administration…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness, Small Business

See all updates »

Update on PFAS Regulatory Actions for Drinking Water

EPA is moving forward on the drinking water component of its PFAS Action Plan by requesting the Office of Management to review its proposed regulatory determinations for two types of PFAS. This is a definite step toward…more

Contaminated Properties, Contamination, Drinking Water, Groundwater, Hazardous Substances

See all updates »

The Apex Doctrine and the C-Suite Deponent

The First Line of Defense Against Plaintiff Overreach - The suit has been filed, the troops have been marshaled, and written discovery is underway. What’s next are the inevitable requests for depositions of current and former…more

Apex Doctrine, C-Suite Executives, Corporate Executives, Depositions, Discovery

See all updates »

Real Estate Commissions in the Crosshairs

Recently, a federal jury in Missouri returned a verdict ordering the National Association of Realtors (“NAR”), along with several other national real estate brokerages, to pay $1,785,310,872.00 in damages after finding NAR and…more

Buyers, Class Action, National Association of Realtors, Real Estate Brokers, Real Estate Market

See all updates »

Combining the Energy Credit with New Markets Tax Credits

Section 48 of the Internal Revenue Code of 1986 provides for a credit equal to a percentage of the cost of new equipment for the generation of renewable energy, including solar energy used to produce electricity or to heat or…more

Energy Projects, Energy Sector, Energy Tax Incentives, Internal Revenue Code (IRC), Investment Funds

See all updates »

Fixing Your Voting Policy: A Snapshot of Voting Leave Laws

The 2024 Presidential Election will be here before we know it, with Super Tuesday around the corner. With the changing landscape of voting laws and the controversies surrounding the last election, people are paying more…more

Adverse Employment Action, Employee Rights, Employer Liability Issues, Federal Elections, Labor Regulations

See all updates »

Twin to Win Part II – Project Example

In Part I, we gave you a high-level overview of how New Markets Tax Credits (“NMTC”) and Historic Rehabilitation Tax Credits (“HTC”) can be combined to generate significant private capital for qualified historic projects located…more

CDFI Fund, Community Development, Department of the Interior, Investors, Low-Income Issues

See all updates »

SBA Issues Guidance on Changes of Ownership of PPP Borrowers

On October 2, 2020, the Small Business Administration (“SBA”) issued long-awaited clarity on the procedures Paycheck Protection Program (“PPP”) borrowers, and their potential acquirors, must follow in a “change of ownership”…more

Borrowers, CARES Act, Change of Ownership, Coronavirus/COVID-19, Loan Forgiveness

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

SPEAK UP: Practical Recommendations for Rule 34 Product Inspections

“Anybody else have something to say?” - Ted Lasso, S3 Ep 12 - Robert Burgett is a good neighbor. He keeps his yard tidy. And in the summer of 2010, in the rolling hills of eastern Kentucky near the town of Belfry, Burgett…more

Data Collection, Data Management, Data Preservation, Discovery, Document Productions

See all updates »

The Case for Non-Retained Expert Witnesses

It’s not easy getting a drug or device to market. From concept to launch, it takes years of work and the involvement of countless professionals from the engineering, medicine and regulatory disciplines. If the product becomes…more

Best Practices, Daubert Standards, Expert Testimony, Expert Witness, Life Sciences

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Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Cybersecurity: What Businesses Need to Know

Cybersecurity is a top concern for all industries, particularly for the pharmaceutical and medical device industries. These industries hold some of the most sensitive data and highly valuable technology, making them prime…more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Data Breach

See all updates »

How “Disappearing Apps” Entwine the Legal and Business World

Imagine the excitement you might feel when you hear that your company has finally decided to rid itself of a frustratingly antiquated electronic data management and storage system. Not only is the current system outdated, but it…more

Data Deletion, Data Management, Data Preservation, Electronically Stored Information, Information Governance

See all updates »

FTC Issues Final Rule Purporting to Ban Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business interests. In January 2023, the FTC issued a…more

Employees, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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It is time to update your employee handbook. (No, that was not a question)

Let’s be honest – no one gets excited about spending time or money working on their employee handbook. Many employers think that their ten-year-old handbook is fine, and they take the approach of “if it ain’t broke, don’t fix…more

Employee Handbooks, Employee Privacy Rights, Employee Rights, Employer Liability Issues, Employment Discrimination

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The Cost of Water is Rising – Financing Tools and Strategies to Help Communities Pay

Across America, the cost of water is rising. Getting clean drinking water is not as easy as turning on the faucet. Not only is access to safe water a growing issue across America — it is an expensive one too. Local elected…more

Bonds, Drinking Water, Environmental Protection Agency (EPA), Municipal Bonds, Public Private Partnerships (P3s)

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Pro Te: Solutio – Vol. 12, No. 3

Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues…more

Centers for Medicare & Medicaid Services (CMS), Criminal Liability, Criminal Prosecution, Department of Justice (DOJ), Expert Testimony

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

How to Get Cancelled: An Overview of New Rules Affecting Businesses Offering Subscription Services to Tennessee Consumers

Subscription services, initially marketed as a cheaper, more accessible option, have recently been experiencing a price surge. In 2023, top subscription apps like Apple Music, Amazon Music, YouTubeTV, Netflix, Peacock, HBO Max,…more

Automatic Renewals, Cancellation Rights, Commercial Litigation, Compliance, Consent

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U.S. Supreme Court Overturns Physical Presence Test Giving States Authority to Collect Sales Tax from Remote Sellers

On June 21, 2018, the Supreme Court rendered its long awaited decision in South Dakota v. Wayfair and overturned the Court’s 50-year old physical presence nexus standard arising from Quill Corp. v. North Dakota (1992) and…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Health Care Due Diligence: An Ounce of Prevention is Worth a Pound of Cure

Due diligence properly performed in connection with the purchase and sale of a health care entity is simply different—vastly so—than due diligence performed in other contexts. Failure to recognize this reality can lead to dire…more

Anti-Kickback Statute, Billing, Buyers, Compliance, Department of Health and Human Services (HHS)

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Failure to Update Budget Projections in Bond Offering Prompts the SEC to Charge the School District and the CFO with Misleading Investors

On September 16, 2021, the Securities and Exchange Commission (the “SEC”) charged Sweetwater Union High School District, a San Diego County School District (the “District”) and its former Chief Financial Officer (the “CFO”),…more

Bonds, Cease and Desist Orders, Compliance, Disclosure Requirements, Investment

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Programs to bring investment capital to rural communities

The United States Department of Agriculture (“USDA”) offers a variety of loan programs designed to spur investment in rural communities located throughout the United States of America. These loans are available to governments,…more

Affordable Housing, Federal Loans, New Market Tax Credits, Rural Areas, Rural Development

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Pro Te: Solutio – Vol. 11, No. 4

Fall has descended upon us, along with that nip in the air and the aroma of pumpkin spice. All of these herald our latest edition of Pro Te: Solutio, which contains three fascinating articles on topics of current interest in our…more

21st Century Cures Act, 510(k) RTA, Causation, Daubert Standards, Design Defects

See all updates »

Ethereum Node Location Won’t Help Fraud Accusation

In January 2021, the U.S. District Court for the Southern District of New York considered a motion to dismiss a class action lawsuit filed against Helbiz, Inc. and other defendants that concerned Helbiz’s issuance of HelbizCoin,…more

Blockchain, Class Action, Ethereum, Fraud, Initial Coin Offering (ICOs)

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SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As a…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Pollution Control, SCOTUS

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Paving the Way: Influential Women of Law

March is Women’s History Month, a time for society to collectively take a moment to appreciate the progress and contributions of women in both the public and private spheres. As we examine the excellence of females throughout…more

Diversity, Gender Equity, Influencers, Women in the Law

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Raising a Drawbridge Objection: Eligibility in Chapter 15 Cross-Border Insolvency Cases

Insolvency like international law can lend itself to aggressive protectionism as parties or countries try to preserve their own interests, like medieval lords surrounded their castles with moats and towering walls to fend off…more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Cross-Border

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Can Your Employees Claim Religious Exemption from a Mandatory COVID-19 Vaccine Policy?

Although most employers were hesitant to implement vaccine mandates following the initial rollout of the COVID-19 vaccines, the still-surging pandemic, driven by the highly contagious Delta variant, has caused many companies to…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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“Oh, Do I Have a Story for You…”

I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so much…more

Best Practices, Closing Arguments, Defense Strategies, Jury Trial, Jury Verdicts

See all updates »

Alabama Medical Cannabis Update: Requests for Applications Accepted Beginning September 1

September 1 will see the Alabama Medical Cannabis Commission (“AMCC”) begin accepting requests for applications pursuant to the “Darren Wesley ‘Ato’ Hall Compassion Act,” or the “Alabama Compassion Act” (hereinafter referred to…more

Agribusiness, Alabama, Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs)

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Getting Traction in Today’s Legal Job Search Process: Rising Above the Sea of Faceless Applicant Data

I’ve often said (only half-jokingly) for many years—even decades—that in retrospect, it seems that when I graduated with my Juris Doctor degree from Tulane Law School in 1979, “the streets were paved with gold.” Translation: If…more

Career Development, Hiring & Firing, Job Applicants, Job Market, Law Firm Associates

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A Severance Agreement Can No Longer Silence Out-Going Employees

For years, confidentiality and non-disparagement clauses have been integral parts of any agreement where the employer agrees to pay the departing employee a severance. These types of provisions protect the employer on two…more

Confidentiality Agreements, Contract Terms, Employees, Employer Liability Issues, Employment Litigation

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Fifth Circuit Scrutinizes Corporate Diversity Initiatives

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on how…more

Commercial Litigation, Corporate Culture, Corporate Governance, Diversity, Employees

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DOL Final Independent Contractor Rule Already Facing Legal Challenges

Following multiple delays, and after ongoing litigation stalled its previous rulemaking attempts, the U.S. Department of Labor issued its long-anticipated independent contractor final rule on Tuesday, January 10, 2024,…more

Classification, Commercial Litigation, Department of Labor (DOL), Economic Realities Test, Employee Definition

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Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug..…more

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

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Alabama Enacts Legislation That Restricts COVID-19 Vaccine Mandates

Alabama has joined an ever-increasing number of states that have passed laws aimed at countering the federal government’s COVID-19 vaccination mandate. Alabama Senate Bill 9 restricts Alabama employers from requiring COVID-19…more

Alabama, Appeals, Constitutional Challenges, Coronavirus/COVID-19, Employees

See all updates »

CARES Act Provider Relief Fund: General Distribution Portal Opens

Medicare providers who have received payment from the Provider Relief Fund as of 5:00pm EST Friday, April 24, 2020 are eligible to apply for additional funds by submitting data about their annual revenues and estimated…more

CARES Act, Department of Health and Human Services (HHS), Funding Portal, Health Care Providers, Relief Measures

See all updates »

Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

How “Disappearing Apps” Entwine the Legal and Business World

Imagine the excitement you might feel when you hear that your company has finally decided to rid itself of a frustratingly antiquated electronic data management and storage system. Not only is the current system outdated, but it…more

Data Deletion, Data Management, Data Preservation, Electronically Stored Information, Information Governance

See all updates »

Development of the Food & Drug Administration

The Food & Drug Administration is perhaps the most important, ubiquitous agency in the daily lives of modern American consumers. Consumers rely on the FDA to verify the safety and effectiveness of $2.6 trillion in food,…more

Advertising, False Advertising, Food and Drug Administration (FDA), Food Labeling, Food Safety

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COVID-19: Colleges and Universities Facing Class Action Lawsuits Over Refunds

The impacts of COVID-19 closures in the United States first began to materialize a few months ago, in mid-March 2020. Since then, however, over fifty lawsuits have been filed against colleges and universities on behalf of…more

Class Action, Colleges, Coronavirus/COVID-19, Refunds, School Closures

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Cybersecurity: What Businesses Need to Know

Cybersecurity is a top concern for all industries, particularly for the pharmaceutical and medical device industries. These industries hold some of the most sensitive data and highly valuable technology, making them prime…more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Data Breach

See all updates »

Check All Your Contracts When You Don’t Have a Contract

That title is not a typo. But, you may ask, how can you check a contract if you do not have one? And, why? Ok, so the title is a little tricky. But consider the situation below. In the negotiation of a complex contract, say,…more

Breach of Contract, Business Litigation, Commercial Contracts, Contract Negotiations, Contract Terms

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Buckle Up: Louisiana’s Long Road to Tort Reform Ends with New Measures in Effect

With public appetite for tort reform mounting in recent years, the Louisiana legislature acted and passed the Civil Justice Reform Act of 2020 (“CJRA”). Governor John Bel Edwards signed the CJRA in 2020. The resulting changes…more

Collateral Source Rule, Gag Rule, Governor Bel Edwards, Jury Trial, Rules of Civil Procedure

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An Unfortuitous, Fortuitous Event: Coronavirus (COVID-19) and Force Majeure in Louisiana

On March 11, 2020, the World Health Organization declared COVID-19 (herein, the “Coronavirus”) a global pandemic as this novel coronavirus, which was unknown to world health officials just three (3) months ago, had rapidly…more

Commercial Contracts, Contract Terms, Coronavirus/COVID-19, Emergency Management Plans, Force Majeure Clause

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Department of Treasury Appeals Alabama Corporate Transparency Act Decision

On March 11, 2024, the U.S. Department of Justice filed a notice of appeal with the Eleventh Circuit to appeal the decision by the U.S. District Court for the Northern District of Alabama (Northeastern Division) that held that…more

Alabama, Appeals, Beneficial Owner, Corporate Transparency Act, Department of Justice (DOJ)

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An Unfortuitous, Fortuitous Event: Coronavirus (COVID-19) and Force Majeure in Louisiana

On March 11, 2020, the World Health Organization declared COVID-19 (herein, the “Coronavirus”) a global pandemic as this novel coronavirus, which was unknown to world health officials just three (3) months ago, had rapidly…more

Commercial Contracts, Contract Terms, Coronavirus/COVID-19, Emergency Management Plans, Force Majeure Clause

See all updates »

What You Need to Know About Online Sports Betting

Over the past few years the sports betting industry has completely transformed due to the ability to wager in multiple states and, in some of those states, wager online. Historically, Nevada was the only state to have legal…more

Casinos, Gambling, Legalization, Licensing Rules, New Legislation

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General Assembly of Georgia Legislative Changes Impacting Public Works Contracts – 2022 Pt 2

During the 2022 Regular Session of the General Assembly of Georgia, the Legislature enacted legislation that impacts zoning and real estate recording..…more

General Assembly, Georgia, Legislative Agendas, New Legislation, Real Estate Transactions

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Will It Travel Downstream? Remote Purchasers and Manufacturers’ Disclaimers of Implied Warranties

From the perspective of both buyer and seller, warranties are an important part of any commercial transaction. It is well established that the Uniform Commercial Code (the “UCC”) will imply certain warranties into some contracts…more

Appeals, Implied Warranties, Implied Warranty of Merchantability, Manufacturers, Purchasers

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Muldrow v. City of St. Louis: The Supreme Court Opens the Door for Discriminatory Job Transfer Claims

On Wednesday, April 17, 2024, the United States Supreme Court provided an opening for workers to allege employment discrimination claims regarding job transfers based on sex, race, religion, or national origin. In Muldrow v…more

Adverse Employment Action, Civil Rights Act, Discrimination, Employee Transfers, Employer Liability Issues

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Understanding the Home State Exception to CAFA’s Diversity Jurisdiction

The Class Action Fairness Act (“CAFA”), enacted in 2005, expanded federal jurisdiction over class actions. However, CAFA contains some exceptions, or instances when a federal court may not exercise jurisdiction. One such…more

Burden of Proof, CAFA, Citizenship, Class Action, Exceptions

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The Beginning of the End for the Class Representative Incentive Award? (Part II)

In Part I of this post, we examined the problem with incentive awards to class representatives and the conflict of interest that it creates between class representatives and the class they seek to represent. Recently, the United…more

Appeals, Appellate Courts, Class Action, Class Representatives, Incentive Awards

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Medical Marijuana is Coming to Mississippi

Mississippi is the latest state to legalize and approve access to medical marijuana. Mississippi is the latest state to legalize and approve access to medical marijuana. The measure, called Initiative 65[i], was approved…more

Agribusiness, Dispensaries, Licensing Boards, Marijuana, Marijuana Cultivation

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A Dive into Third-Party Litigation Financing and Third-Party Medical Funding

A few years ago, commentators estimated there was $5 billion in litigation financing in the United States. Since then, the litigation funding industry has continued to grow. For good reason, Third-Party Litigation Financing…more

Disclosure Requirements, Funding, Healthcare, Investors, Third Party Funding

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“Oh, Do I Have a Story for You…”

I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so much…more

Best Practices, Closing Arguments, Defense Strategies, Jury Trial, Jury Verdicts

See all updates »

Out of Time: Bifurcating the Statute of Limitations

The statute of limitations is a powerful defense for defendants. But it is a tricky one to assert at trial in any of the majority of states recognizing a discovery rule—which commonly provides that the statute of limitations…more

Bifurcation, Discovery, Federal Rules of Civil Procedure, Jury Trial, Liability

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IRS Releases Proposed Regulations Defining a “Political Subdivision” For Purposes of Determining Eligibility to Issue Tax-Exempt Bonds

On February 22, 2016, the Internal Revenue Service (the “IRS”) released proposed treasury regulations (the “Proposed Regulations” ) to provide guidance as to how the IRS intends to prospectively define a “political subdivision”…more

Comment Period, Control Test, Government Entities, Infrastructure, IRS

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Mississippi DOR Responds to Requests to Relief

The Mississippi Department of Revenue is aware of the new pressures on the business community and state governments in responding to the COVID 19 pandemic. We are committed to doing what we can to help provide relief and…more

Coronavirus/COVID-19, Department of Revenue, Filing Deadlines, Income Taxes, Interest Accrual

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Follow the Rules— The Geographic Scope of Noncompetition Agreements

La. R.S. 23:921 is the applicable statute in regard to noncompetition agreements in Louisiana. Generally, noncompetition agreements are considered null and void, unless they specifically comply with the requirements set forth in…more

Employees, Employer Liability Issues, Employment Litigation, Louisiana, Municipalities

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COVID-19 and the Age Discrimination in Employment Act

Employers: during a pandemic that appears to hit patients over 65 years and older the hardest, are you taking the appropriate steps to ensure that you do not discriminate against your older employees, while also protecting them…more

Age Discrimination, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues

See all updates »

OSHA Penalties: Up, Up, and Away!

CONSIDERATIONS FOR EMPLOYERS AS OSHA PENALTIES SOAR TO NEW HEIGHTS - The U.S. Department of Labor recently announced inflation-adjustment increases in penalties for violating regulations promulgated by DOL agencies, including…more

Department of Labor (DOL), Employer Liability Issues, Labor Law Violations, OSHA, Penalties

See all updates »

Pro Te: Solutio – Vol. 12, No. 3

Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues…more

Centers for Medicare & Medicaid Services (CMS), Criminal Liability, Criminal Prosecution, Department of Justice (DOJ), Expert Testimony

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Can What the Supreme Court Said About Device Clearance in Lohr, a “Derelict on the Waters of the Law,” Finally Be Sunk?[1]

Even though they are still quoted, statements in Medtronic v. Lohr, which question whether FDA (Food & Drug Administration) medical device clearance is a judgment about a device’s safety, no longer accurately describe what the…more

510(k) RTA, Classification, Food and Drug Administration (FDA), Healthcare, Medical Devices

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Sixth Circuit’s holding that debtor in possession and liquidating trustee are one in the same for purposes of “insured-versus-insured” exclusion thwarts lawsuit against corporate debtor’s directors and officers

The Sixth Circuit Court of Appeals recently took up the controversial issue of whether a liquidating trustee’s lawsuit, alleging breach of fiduciary duty against a corporate debtor’s officers, falls within the…more

Breach of Duty, Chapter 11, D&O Insurance, Debtors-in-Possession, Fiduciary Duty

See all updates »

“Oh, Do I Have a Story for You…”

I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so much…more

Best Practices, Closing Arguments, Defense Strategies, Jury Trial, Jury Verdicts

See all updates »

Back to Business Mississippi Grant Program

The Back to Business Mississippi Grant Program (the “Program”) was created by the 2020 COVID-19 Mississippi Business Assistance Act (the “Act”). The Program, which is available until November 1, 2020, allows an eligible business…more

Applications, Eligibility, For-Profit Corporations, Grants, Limited Liability Company (LLC)

See all updates »

Forgivable Loan Relief Offered to Small Businesses Under CARES Act

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which provides crucial support and relief for businesses, including $349 billion for Small Business Administration…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness, Small Business

See all updates »

Revisiting Waivers of Liability in the COVID-19 Era

During the early stages of the COVID-19 pandemic in the United States, we wrote an article discussing the potential benefits and limitations of waivers of liability for businesses considering ways to protect against potential…more

Coronavirus/COVID-19, Employer Liability Issues, Sustainable Business Practices, Waiver of Liability

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Everything Old is New Again … Legal Principles Remembered

Every once in a while, we’ll see an appellate decision that serves as a commercial law primer – reminding business litigators and transactional attorneys of basic legal principles that sometimes are not precisely recalled…more

Breach of Contract, Compensatory Damages, Double Recovery, Jury Verdicts, Litigation Fees & Costs

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Recent Bipartisan Actions to Restore Tax-Exempt Advance Refundings and Authorize American Infrastructure Bonds

The “Lifting Our Communities through Advance Liquidity for Infrastructure (LOCAL Infrastructure) Act” (the “LOCAL Infrastructure Act”) and the “American Infrastructure Bonds Act of 2020” (the “AIBs Act”) were recently introduced…more

Coronavirus/COVID-19, Federal Aid, Infrastructure Financing, Local Revenues, Municipal Bonds

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Even Equity Has Limits: What a Reversal of Florida Fortunes for Former President Trump Means for Civil Litigants in Tennessee

*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh…more

Appeals, Criminal Investigations, Delaware, Donald Trump, Equity

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Potential Coronavirus Impact on Commercial Transactions: Thinking Ahead

As concerns continue to be raised and addressed with respect to the Coronavirus, businesses should be alert to the real potential that they may face commercial challenges from potential disruptions related to its existence,…more

Business Continuity Plans, Business Disruption, Contract Terms, Coronavirus/COVID-19, Suppliers

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Ridding Trust Indentures of Pesky Bearer Bond Language

The euphemistically-named Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), that became law on September 3, 1982, required that tax-exempt obligations be in registered form (as well as denying certain tax benefits to…more

Bondholders, Bonds, Securities and Exchange Commission (SEC), TEFRA, Trust Indenture Act

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Federal Contractor Vaccine Mandate Blocked Nationwide

A federal judge in Georgia issued a nationwide injunction blocking Biden’s vaccine mandate for federal contractors. The case is Georgia v. Biden, S.D. Ga., No. 21-cv-00163, 12/7/21. The mandate was set to take effect on January…more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Employees, Employer Liability Issues

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Pro Te: Solutio – Vol. 11, No. 3 - 2018

In this issue of Pro Te (Volume 11, No.3), we examine three important topics that are sure to capture your interest. The Supreme Court’s Bristol-Meyers Squibb decision was met with no small amount of (completely justified)…more

Actual Damages, Advertising, Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Cosmetics

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Trust the reProcess? A Practical and Legal Overview of Reprocessing Single-Use Medical Devices in the United States

Allow me to set the stage. Our plaintiff claims he felt a nagging pain in his shoulder for months and finally went to see the local orthopedic surgeon. The surgeon apparently informed him that the tissue and cartilage in his…more

Duty to Warn, Food and Drug Administration (FDA), Healthcare, Manufacturers, Medical Devices

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Recent Changes to the Economic Injury Disaster Loan Program Pursuant to the CARES Act

On March 27, 2020, the CARES Act (1) created, among other things, the Paycheck Protection Program, an extension of the SBA’s current 7(a) Loan Program, and (2) modified the SBA’s Economic Injury Disaster Loan Program. The…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, Nonprofits, Relief Measures, SBA

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Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad acts? Federal…more

Defamation, Department of Labor (DOL), False Accusations, Intentional Torts, OSHA

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Consent to Jurisdiction by Registration: What Multi-State Businesses Need to Know

Registered to do business in one state? This alone may subject a business to suit in that state, even if the business is headquartered in and operates its principal place of business in another state, and even if the conduct…more

Employees, Employer Liability Issues, Fourteenth Amendment, Jurisdiction, Mallory v Norfolk Southern Railway Co

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Fed’s Final Treatment of Municipal Securities as High-Quality Liquid Assets Disappoints the Industry

Treatment of Municipal Securities in Fed’s Final HQLA Rule Draws Unenthusiastic Industry Reactions - On April 1, 2016, the Federal Reserve Board released its final regulations respecting treatment of municipal securities as…more

Banks, FDIC, Federal Reserve, HQLA, Liquidity Coverage Ratio

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Trial Lawyer Roundtable

It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to…more

Client Communication, Client Representation, Client Services, Coronavirus/COVID-19, Defense Strategies

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Got Termites? Are you Protected Against Damage to Your Home Caused by Termite Infestation?

Allie Gaiter* is a lifelong resident of Louisiana and has owned a modest home in Pierre Part, Louisiana for the past 20 years. Allie recently noticed damaged wood around her kitchen window and discolored sheetrock in the…more

Arbitration, Claim Limitations, Contract Terms, Damages, Exclusions

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Contractual Waivers of Punitive Damages are Enforceable Under Mississippi Law (at Least Sometimes)

In 4-Way Electric Services, LLC v. Huntcole, LLC, __ So.3d __, 2023 WL 4114332 (Miss. June 22, 2023), the Mississippi Supreme Court considered a dispute between the sellers and buyer of a business that refurbishes electric…more

Appeals, Asset Purchase Agreements, Business Litigation, Buyers, Contract Waiver

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Tell the Best Story if You Want to Win: Ideas About Structure and Characters

“[T]ell a great story if you want to live.” A newly minted screenwriter, on the verge of pitching his spy thriller to studio executives, was diagnosed with a serious medical condition. He shared this advice from his doctor…more

Closing Arguments, Defense Strategies, Evidence, Examination Procedures, Juror

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D.C. Circuit Reminds Military Administrative Boards: We’re Watching

For lawyers assisting U.S. service members and veterans, some of the most challenging cases involve efforts to correct errors by military law enforcement agencies. These agencies have broad powers to list a person as a suspect…more

Administrative Procedure Act, Indexing, Law Enforcement, Legal Representatives, Military Service Members

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Fitch Ratings Updates Criteria for Water and Sewer Bonds

On September 3, 2015, Fitch Ratings updated its sector-specific rating criteria for water and sewer bonds. The new report replaces Fitch’s existing rating criteria published July 31, 2013, but Fitch does not anticipate changes…more

Bonds, Corporate Issuers, Fitch, Municipal Securities Issuers, Rating System

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IRS Employee Retention Credit Voluntary Disclosure Program Ends in March 2024: What You Need to Know

In Announcement 2024-3, the IRS introduced the Employee Retention Credit Voluntary Disclosure Program (the “VDP”) to allow participants to resolve erroneous ERC claims in exchange for civil non-enforcement from the IRS. The…more

Disclosure Requirements, Eligibility, Employee Retention, IRS, Tax Credits

See all updates »

Tennessee No Longer Requires Court Approval of Smaller Minor Settlements

In April 2022, Tennessee rewrote its statute governing tort settlements involving minors. The legislature sought to decrease unnecessary costs, and so this rewrite removed the court-approval requirement in smaller settlements…more

Minors, Settlement, State and Local Government, State Legislatures, Tennessee

See all updates »

The Room Where It Happens: Remote Depositions in a Post-COVID World

The use of remote depositions has spiked since COVID-related restrictions altered the landscape in early 2020, and many have predicted that this is the “new normal” for deposition practice. While the remote deposition is a newly…more

Best Practices, Coronavirus/COVID-19, Depositions, Litigation Strategies, Remote Depositions

See all updates »

General Assembly of Georgia Legislative Changes Impacting Public Education – 2022

During the 2022 Regular Session of the General Assembly of Georgia, the Legislature enacted twenty-one bills that impact education. A summary follows: Act 772 (H.B. 1292) prohibits students who participate in 4-H sponsored…more

Board of Education, Charter Schools, Educational Institutions, General Assembly, Georgia

See all updates »

Here We Go Again: DOL Issues Final Rule on Salary Level Increase for FLSA Exemptions

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law. Effective…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Here We Go Again: DOL Issues Final Rule on Salary Level Increase for FLSA Exemptions

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law. Effective…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Non-US Persons Holding US Real Estate: Penalties For Failing To File Certain IRS Forms Are Increasing To $25,000

Most non-US persons who are properly advised regarding US real estate ownership will structure their holdings to include some combination of US LLCs, non-US companies, non-US partnerships, non-US trusts and/or non-US…more

Corporate Taxes, Filing Deadlines, Filing Requirements, Foreign Ownership, Income Taxes

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Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug..…more

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

See all updates »

Rural Emergency Hospitals: Relief for the Weary?

On December 27, 2020, the Centers for Medicare & Medicaid (“CMS”) of the Department of Health and Human Services created a new provider type for embattled rural and critical access hospitals (“CAHs”)—the Rural Emergency Hospital…more

Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Emergency Access, Hospitals, Outpatient Prospective Payment System (OPPS)

See all updates »

Facebook Unfriends Policy Allowing for Exclusion of Certain Racial and Ethnic Groups in Housing, Credit, and Employment Advertisements on the Site

The social network giant, Facebook—amid criticism and a push from public figures and congressional leaders—announced that the site would no longer allow advertisers to exclude specific racial and ethnic groups in the areas of…more

Advertising, Civil Rights Act, Ethnicity, Facebook, Fair Housing Act (FHA)

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Turtles All the Way Down? New Amendment Requires Disclosure of Ultimate Ownership of LLCs

Whether representing a plaintiff determining where to file a lawsuit or a defendant evaluating whether it can remove a state action to federal court, lawyers are often tasked with determining the citizenship of a party that is…more

Beneficial Owner, Disclosure Requirements, Federal Rules of Civil Procedure, Limited Liability Company (LLC), New Amendments

See all updates »

Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast

As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this…more

Appellate Courts, Appellate Rules, Client Services, Dispositions, Evidence

See all updates »

Twin to Win Part I – How Combining Certain Tax Credits Can Benefit Developers

The act of combining (or “twinning”) tax credits, such as the New Markets Tax Credit (“NMTC”) and the Historic Rehabilitation Tax Credit (“HTC”), can offer developers an opportunity to bridge funding gaps and increase the amount…more

CDFI Fund, Community Development, Department of the Interior, Investors, Low-Income Issues

See all updates »

Buckle Up: Louisiana’s Long Road to Tort Reform Ends with New Measures in Effect

With public appetite for tort reform mounting in recent years, the Louisiana legislature acted and passed the Civil Justice Reform Act of 2020 (“CJRA”). Governor John Bel Edwards signed the CJRA in 2020. The resulting changes…more

Collateral Source Rule, Gag Rule, Governor Bel Edwards, Jury Trial, Rules of Civil Procedure

See all updates »

Pro Te: Solutio – Vol. 11, No. 4

Fall has descended upon us, along with that nip in the air and the aroma of pumpkin spice. All of these herald our latest edition of Pro Te: Solutio, which contains three fascinating articles on topics of current interest in our…more

21st Century Cures Act, 510(k) RTA, Causation, Daubert Standards, Design Defects

See all updates »

“Oh, Do I Have a Story for You…”

I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so much…more

Best Practices, Closing Arguments, Defense Strategies, Jury Trial, Jury Verdicts

See all updates »

Revisiting Waivers of Liability in the COVID-19 Era

During the early stages of the COVID-19 pandemic in the United States, we wrote an article discussing the potential benefits and limitations of waivers of liability for businesses considering ways to protect against potential…more

Coronavirus/COVID-19, Employer Liability Issues, Sustainable Business Practices, Waiver of Liability

See all updates »

Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

Banking Notes: New Mississippi Law Allows Venue Selection for Shareholder Claims

The Mississippi legislature has created a new mechanism for Mississippi corporations to require that derivative and other shareholder claims be brought in the county of the corporation’s principal office instead of some other…more

Articles of Incorporation, Derivative Suit, Jurisdiction, Principal Place of Business, Shareholder Litigation

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Health Care Due Diligence: An Ounce of Prevention is Worth a Pound of Cure

Due diligence properly performed in connection with the purchase and sale of a health care entity is simply different—vastly so—than due diligence performed in other contexts. Failure to recognize this reality can lead to dire…more

Anti-Kickback Statute, Billing, Buyers, Compliance, Department of Health and Human Services (HHS)

See all updates »

‘Divisive Concepts’ and DEI Offices In Alabama State Agencies

Alabama enacted Act 2024-34 on March 20, 2024, prohibiting state agencies, local boards of education, and public institutions of higher education, from engaging in specific actions related to “divisive concepts.” (the “Act”). …more

Diversity, Diversity and Inclusion Standards (D&I), Employee Training

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A Dive into Third-Party Litigation Financing and Third-Party Medical Funding

A few years ago, commentators estimated there was $5 billion in litigation financing in the United States. Since then, the litigation funding industry has continued to grow. For good reason, Third-Party Litigation Financing…more

Disclosure Requirements, Funding, Healthcare, Investors, Third Party Funding

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Clawing Your Way to the Top in the Age of Computer-Assisted Review

Have you ever tried to personally review 15,000,000 pages of electronic documents for privilege and relevance? There comes a time in the discovery process when manual, human review of documents is not only inefficient, but a…more

Attorney-Client Privilege, Clawbacks, Discovery, Electronically Stored Information, Privileged Documents

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Rule 104(c)(3): When Justice So Requires

The following is an article of fiction. The author simply has a well-developed imagination. He should have won summary judgment. And he had – on all claims save one. But one was enough. And now he found himself in…more

Daubert Standards, Deadlines, Evidence, Food and Drug Administration (FDA), FRCP 56

See all updates »

Conducting A Prelitigation Investigation

Litigation attorneys are constantly bombarded with news of trial victories and defeats – millions of dollars awarded in damages in one case while a defense verdict is achieved in another. Although some attorneys may read these…more

Attorney-Client Privilege, Data Collection, Federal Rules of Civil Procedure, Investigations, Litigation Strategies

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Municipalities Continuing Disclosure Cooperation Initiative (MCDC)

We want to make you aware of a new Securities and Exchange Commission enforcement initiative that impacts issuers of municipal bonds or other governmental securities or other persons obligated to provide secondary market…more

Disclosure Requirements, Enforcement, MCDC, Municipal Bonds, Municipal Securities Issuers

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Everything is bigger in Texas – Including sexual harassment responsibilities for Texas employers

While September 1, 2021 marked the day that hundreds of new Texas laws went into effect, two of them should be carefully considered by all Texas employers: House Bill 21 and Senate Bill 45. Both laws enlarge sexual harassment…more

Employees, Employer Liability Issues, Employment Discrimination, New Legislation, Policies and Procedures

See all updates »

Is Judicial Estoppel Dead?

Simply put, judicial estoppel is an equitable doctrine that is intended to prevent a party from deliberately taking inconsistent positions under oath in separate proceedings and thus making a mockery of the judicial system. The…more

Commercial Bankruptcy, Consumer Bankruptcy, Debtors, Equitable Relief, Examinations Under Oath

See all updates »

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent…more

Anti-Discrimination Policies, Appeals, Civil Rights Act, Employees, Employer Liability Issues

See all updates »

“Oh, Do I Have a Story for You…”

I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so much…more

Best Practices, Closing Arguments, Defense Strategies, Jury Trial, Jury Verdicts

See all updates »

Texas Senate Releases Interim Charges Impacting Affordable Housing

On April 11, 2024, Lt. Governor Patrick issued interim charges for Senate committees to study in preparation for the 89th Legislative Session. Interim charges are directives to committees to study specific policy issues and make…more

Affordable Housing, Legislative Agendas, New Legislation, Real Estate Development, Regulatory Reform

See all updates »

The CARES Act and Nonprofit Organizations

Nonprofit organizations are included among the several different types of beneficiaries under the CARES Act $2.2 trillion economic relief passed by Congress in response to the COVID-19 pandemic. That said, not all types of…more

CARES Act, Economic Injury Disaster Loans, Employee Retention, Loan Forgiveness, Loans

See all updates »

Job-Seeking Posers Found to Have Standing to Challenge “Unauthorized Access” Statute

Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit…more

Activist, Appeals, Article III, Class Action, Constitutional Challenges

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Department of Labor Withdraws Prior Independent Contractor Rule: What You Need to Know

Last month the Department of Labor (“DOL”) issued a Final Rule withdrawing the Trump Administration’s attempt to revise the DOL’s interpretation of independent contractor status under the Fair Labor Standards Act (“FLSA”). The…more

Department of Labor (DOL), Employee Definition, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

See all updates »

Juneteenth: America’s “Newest” Holiday

Holidays are a reflection of our collective values. As a society, we hope they signal what—and sometimes whom—we as a nation should commemorate. Last summer, we observed Juneteenth for the first time, collectively recognizing…more

Diversity and Inclusion Standards (D&I), Employee Rights, Employer Liability Issues, Holidays, Race Relations

See all updates »

Department of Health Releases Draft Advertising and Tracking Regulations

WHAT HAPPENED. On April 16, 2021, the Mississippi State Department of Health published in draft form Regulations for Advertising and Marketing Medical Marijuana and Regulations for Labelling, Packaging and Tracking Medical…more

Advertising, Labeling, Marketing, Medical Marijuana, MS Supreme Court

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Employers Need to Prepare for New Religious Accommodation Requests

Religious accommodation historically - Employers are quite familiar with the concept of “accommodation;” however, for the last 46 years they have not had to spend much time or effort dealing with an employee’s request to…more

Civil Rights Act, Employee Handbooks, Employee Rights, Employees, Employer Liability Issues

See all updates »

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for…more

Appeals, Comparative Negligence, Damage Caps, Non-Economic Damages, Punitive Damages

See all updates »

Best Practices in Periodic Reviews of Participant Directed Retirement Plans

Among the duties of a retirement plan fiduciary is the duty to monitor the administration of the plan and to assure that policies and procedures are in place to minimize the risk of errors and deficiencies. While monitoring is…more

401k, Client Meetings, Disclosure, Due Diligence, Fees

See all updates »

Tennessee Construction Legislative Updates

The Tennessee legislature recently passed the Construction Industry Payment Protection Act (“CIPPA”), SB2681/HB2706, which offers significant changes to the Tennessee construction industry. Not only does the act amend…more

Construction Industry, Construction Liens, Design Defects, General Contractors, Injunctive Relief

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Mississippi DOR Responds to Requests to Relief

The Mississippi Department of Revenue is aware of the new pressures on the business community and state governments in responding to the COVID 19 pandemic. We are committed to doing what we can to help provide relief and…more

Coronavirus/COVID-19, Department of Revenue, Filing Deadlines, Income Taxes, Interest Accrual

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Summary of Certain Federal Reserve and Treasury Department Actions Taken Since Outbreak of COVID-19 Pandemic

The Federal Reserve System (the “Fed”) is the central bank of the United States and primarily interacts with banks and financial institutions to conduct monetary policy and promote the stability of the U.S. financial…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Financial Stimulus, Money Market Mutual Fund Liquidity Facility (MMLF)

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Trial Lawyer Roundtable

It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to…more

Client Communication, Client Representation, Client Services, Coronavirus/COVID-19, Defense Strategies

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Workers' Compensation and COVID-19

The swift economic upheaval and health impact of the COVID-19 outbreak in the United States and around the world is unprecedented in the last century. President Trump proclaimed the COVID-19 outbreak in the United States to be a…more

Business Interruption, Coronavirus/COVID-19, Covered Employees, Economic Injury Disaster Loans, Employee Benefits

See all updates »

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability..…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability, Employees, Employer Liability Issues

See all updates »

CDFI Fund Opens the CY2021 Round of New Markets Tax Credits

On November 4, 2021, the U.S. Department of the Treasury’s Community Development Financial Institutions (CDFI) Fund (CDFI Fund) released the Notice of Allocation Availability for the calendar year (CY) 2021 round of the New…more

CDFI Fund, Community Development, New Market Tax Credits, Tax Credits, U.S. Treasury

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Criminal Liability of Pharmaceutical Executives Under the Controlled Substances Act

Civil lawsuits are an unavoidable and expected consequence of operating in a heavily regulated industry. While CEOs and other pharmaceutical executives may lose sleep over the outcome of civil trials and the potential financial…more

Controlled Substances Act, Corporate Executives, Criminal Liability, Criminal Prosecution, DEA

See all updates »

Pro Te: Solutio Vol. 11 No. 1 – A Reflection on the First Ten Years

It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we see…more

21st Century Cures Act, Affordable Care Act, Client Services, Depositions, DQSA

See all updates »

Department of Treasury Appeals Alabama Corporate Transparency Act Decision

On March 11, 2024, the U.S. Department of Justice filed a notice of appeal with the Eleventh Circuit to appeal the decision by the U.S. District Court for the Northern District of Alabama (Northeastern Division) that held that…more

Alabama, Appeals, Beneficial Owner, Corporate Transparency Act, Department of Justice (DOJ)

See all updates »

U.S. Internal Revenue Service Cancels Offshore Amnesty Program

The U.S. Internal Revenue Service has just announced that it will end the Offshore Voluntary Disclosure Program (“OVDP”) on 28 September 2018…more

Foreign Bank Accounts, IRS, Offshore Banks, Offshore Funds, OVDP

See all updates »

The SEC Eyes Climate Change Disclosures

In late 2020, rumor had it that the Securities and Exchange Commission (SEC) under the Biden Administration would likely move to encourage or require more robust disclosure of environmental-social-governance (ESG) and…more

Biden Administration, Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility

See all updates »

Insurance Issues with Coronavirus

As the health crisis continues, one issue that companies will likely face is the issue of renewing their insurance. In any bear market, the lack of liquidity can drive the insurance market ‘hard,’ making it more difficult to…more

Business Operations, Captive Insurance Company, Coronavirus/COVID-19, Excess Policies, Insurance Claims

See all updates »

CDFI Fund Opens the CY2021 Round of New Markets Tax Credits

On November 4, 2021, the U.S. Department of the Treasury’s Community Development Financial Institutions (CDFI) Fund (CDFI Fund) released the Notice of Allocation Availability for the calendar year (CY) 2021 round of the New…more

CDFI Fund, Community Development, New Market Tax Credits, Tax Credits, U.S. Treasury

See all updates »

Pro Te: Solutio – Vol. 12, No. 3

Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues…more

Centers for Medicare & Medicaid Services (CMS), Criminal Liability, Criminal Prosecution, Department of Justice (DOJ), Expert Testimony

See all updates »

Overview of Affordable Housing Programs

Standard & Poor’s (S&P) has rating criteria for municipal and corporate bonds, the proceeds of which are to be used to finance the acquisition, refinancing, or renovation of affordable rental housing communities. These…more

Affordable Housing, Corporate Bonds, Municipal Bonds, Property Valuation, Rating System

See all updates »

Pro Te: Solutio – Vol. 12, No. 3

Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues…more

Centers for Medicare & Medicaid Services (CMS), Criminal Liability, Criminal Prosecution, Department of Justice (DOJ), Expert Testimony

See all updates »

Alternatives to Tax-Exempt Advance Refunding Bonds

As described in “Tax-Exempt Advance Refunding Bonds: History and Legislative Updates” by Caitlyn Smith Burchfield, the Tax Cuts and Jobs Act of 2017 bans the issuance of tax-exempt advance refunding bonds after December 31,…more

Bond Issuers, Bond Markets, Bonds, Broker-Dealer, Conversion Requirements

See all updates »

New Tennessee COVID Legislation Has Significant Impact on Employers

After days of intense discussions, and multiple amendments, in the wee hours of Saturday, October 30, 2021, the Tennessee legislature passed House Bill No. 9077/Senate Bill No. 9014. This new law will have a significant impact…more

Coronavirus/COVID-19, Disability Discrimination, Employer Mandates, Executive Orders, Federal Contractors

See all updates »

Bonus Plans for Louisiana Employees Must Comply with Louisiana Wage Payment Statute

The Louisiana Wage Payment Act (“LWPA”), La. R.S. 23:631, et seq., requires an employer who discharges an employee to promptly pay the employee the amount due under the terms of employment. The LWPA also prohibits an employer…more

Appeals, Bonuses, Employer Liability Issues, Forfeiture, Incentive Compensation

See all updates »

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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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