Clark Hill PLC

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500 Woodward Avenue
Suite 3500
Detroit, MI 48226, United States
Phone: 313.965.8300
Fax: 313.965.8252
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Delaware
  • Illinois
  • Michigan
  • Nevada
  • New Jersey
  • New York
  • Pennsylvania
  • Texas
  • West Virginia
Other Countries
  • Ireland
  • Mexico
Number of Attorneys
400+ Attorneys

Public School Construction and Prevailing Wage

On June 6, 2018, the Michigan Legislature adopted Initiated Law 2 of 2018, which repealed Michigan Public Act 166 of 1965, commonly referred to as the Prevailing Wage Act. With the repeal of the Prevailing Wage Act, State-funded…more

Construction Project, Prevailing Wages, Public Schools

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Implications of a Government Shutdown

On January 20, 2018, the US Government formally shutdown pending approval of a federal spending bill by Congress. Though it appears Congress is working towards passage of a stop gap spending bill, in the interim, the shutdown is…more

Customs and Border Protection, Department of Labor (DOL), Government Shutdown, Immigration and Customs Enforcement (ICE), Severe Violators Enforcement Program (SVEP)

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New Trade Case on Imports of Certain Epoxy Resins from China, India, South Korea, Taiwan, and Thailand

Five new U.S. antidumping (“AD”) petitions were filed on April 3, 2024, by the U.S. Epoxy Resin Producers Ad Hoc Coalition (the “Coalition” or “Petitioner”) against imports of epoxy resins from China, India, South Korea, Taiwan,…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), U.S. Commerce Department

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FMCSA Practice Tips: Safety Audits for New Motor Carriers

For the past 20 years, the Federal Motor Carrier Safety Administration (FMCSA) has utilized a “New Entrant Safety Assurance Program” under 49 CFR Part 385, Subpart D for motor carriers receiving USDOT numbers for the first time…more

Audits, Department of Transportation (DOT), FMCSA, Safety Violations, Trucking Industry

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CARES Act Provides Relief to Real Estate Professionals

The CARES Act, signed into law on March 27, 2020, provides, relief from certain tax provisions enacted by the 2017 Tax Cuts and Jobs Act (TCJA) which may help real estate businesses weather the current economic storm…more

CARES Act, Eviction, Foreclosure, HUD, Rental Assistance Programs

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Pairing Battery Storage with Renewables: “Co-Location” or “Hybrid”?

With increasing frequency, renewable energy developers seek to physically pair large-scale battery storage devices with solar and wind projects…more

Energy Sector, Energy Storage, FERC, ISOs, RTO

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NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

See all updates »

Main Street Lending Program Open to Businesses

As part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) enacted by Congress and signed into law by the President last March, the Federal Reserve has made the Main Street Lending Program (the…more

Borrowers, CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve

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The Use of Eminent Domain Powers to Combat COVID-19

The federal government has been delegated authority to exercise eminent domain to acquire both real and personal property, including the right to take immediate possession of that property, through the Stafford Act, which…more

Condemnation, Coronavirus/COVID-19, Eminent Domain, Property Owners

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[Webinar] Using Equity/Ownership Incentives to Retain Key Employees - February 29th, 9:00 am PT

This webinar will provide an overview of how to evaluate and implement strategies to retain your key employees and executives using equity based incentives. Join Clark Hill attorneys Jim Brophy, Brad Oxford, and Luke Bailey as…more

Employee Benefits, Employee Incentive Plans, Employee Retention, Equity, Hiring & Firing

See all updates »

Chicago Updates Mandatory Tenant Rights Summary

Landlords owning Chicago properties in most circumstances are now required to provide tenants with the new summary of the Residential Landlord Tenant Ordinance (“RLTO”) posted by the city in March. The summary can be reached at…more

City of Chicago, Landlords, Rental Property, Residential Leases, Tenants

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Civil Rights Litigation in Nevada After Mack v. Williams

The Nevada Supreme Court’s opinion and analysis in Mack v. Williams (2022) have the potential to fundamentally shift civil rights litigation from the Federal to the State court, but the door will not remain open for too long and…more

NV Supreme Court, Qualified Immunity, Search & Seizure

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US Departments of Labor, Health and Human Services, and Treasury Issue Final Rules To Clarify Federal Process To Protect Against Surprise Medical Billing

Final Rules Make Medical Claim Payment Process More Transparent - Final rules issued earlier this month and effective for the Jan. 1, 2022, plan year (the current year for most employer-provided welfare plans) provide details…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Health Care Providers, Health Insurance, Surprise Medical Bills

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Michigan Supreme Court Clarifies Decades-Old Dispute and Holds that Subcontractor’s Unintentional Defective Work Constitutes an “Accident” and “Occurrence” Granting Construction Manager CGL Coverage

In Skanska USA Building Inc v MAP Mechanical Contractors, Inc, (Michigan Supreme Court, Docket Nos. 159510-159511, June 29, 2020) the Michigan Supreme Court held, in a unanimous decision, that a subcontractor’s unintentional…more

Commercial General Liability Policies, General Contractors, MI Supreme Court, Subcontractors

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Exercise Caution in Corporate Transparency Act Compliance Matters

Threat actors never miss an opportunity to use recent events to infect computer systems or quickly and easily gather personal information. The Corporate Transparency Act (“CTA”) is just such an opportunity and businesses and…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Proposed ESG Fund Disclosure Rule Aims To Help Investment Strategies

Recently, the Securities and Exchange Commission (SEC) issued another proposed rule, which if adopted, will significantly affect the available information from Investment Advisers and Regulated Investment Funds concerning…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Funds, Investors

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Attorney-Client Privilege Extends to Patent Agents

In a recent opinion, the Texas Supreme Court resolved a question of interest to patent attorneys—is there a privilege for communications between a patent agent and his client? In re Silver, No. 16-0682, 2018 Tex. LEXIS 171 (Tex…more

Attorney-Client Privilege, Evidence, Patent Agent Privilege, Patent Litigation, Patents

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Judge Awards Over $2.5 Million for Discovery Sanctions

One of the better descriptors found in eDiscovery opinions was the first line of Judge Iain D. Johnston’s fee splitting order: “If Dante were a judge, he would have placed fee litigation as an inner circle of judicial hell.”…more

Discovery, e-Discovery Professionals, Electronically Stored Information, Sanctions

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The NLRB’S Planned Assault On Employer Rights During Union Campaigns

The National Labor Relations Board has long shown a tendency to be one of the more aggressive of all government agencies which has a direct impact on employers, employees, and the workplace. When leadership in the White House…more

Labor Relations, NLRA, NLRB, Popular, Union Elections

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PFAS: February 2024 Update and Preview

Regulatory activity and litigation concerning per- and polyfluoroalkyl substances (“PFAS”) continued to pick up steam in 2023, and 2024 promises to continue this trend and present companies with new PFAS-related challenges…more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, Hazardous Waste, Manufacturers

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When Can an Employer Insist on Confidentially in an HR Investigation? DC Circuit Relaxes Standard Set by NLRB

On March 25, 2017, in Banner Health Systems v NLRB, the United States Court of Appeals, District of Columbia Circuit, refused to enforce the National Labor Relations Board's (Board) Order that found that the employer violated…more

Corporate Counsel, Employer Liability Issues, NLRA, NLRB, Section 7

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[Webinar] Using Equity/Ownership Incentives to Retain Key Employees - February 29th, 9:00 am PT

This webinar will provide an overview of how to evaluate and implement strategies to retain your key employees and executives using equity based incentives. Join Clark Hill attorneys Jim Brophy, Brad Oxford, and Luke Bailey as…more

Employee Benefits, Employee Incentive Plans, Employee Retention, Equity, Hiring & Firing

See all updates »

Inflation Reduction Act May Double Number of IRS Audits for High Net Worth Individuals, Corporations, Estates, and Others

Soon after the US Senate’s passing of the Inflation Reduction Act on Aug. 7, analysts began evaluating the final bill to judge its impact on taxpayers. The Act intends to raise revenue by increasing the IRS budget dramatically…more

Audits, Inflation Reduction Act (IRA), IRS

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Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion requirement…more

Americans with Disabilities Act (ADA), Exhaustion Doctrine, IDEA, Perez v Sturgis Public Schools, Public Schools

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EU Adopts Adequacy Decisions Allowing Data Flow to the UK

Personal data can continue to flow freely between Europe and the United Kingdom (UK) following an agreement by the European Union (EU) to adopt an Adequacy Decision under Article 45 of Regulation 2016/679 (the General Data…more

Data Protection, Data Transfers, EU, European Data Protection Board (EDPB), General Data Protection Regulation (GDPR)

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NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

See all updates »

Noncompete Agreements in Texas

Because the Federal Trade Commission is attempting to generally ban noncompete agreements throughout the United States, with exceptions in certain limited circumstances, there is a renewed interest in the enforceability of…more

Confidential Information, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Texas

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Department of Commerce Proposes Revisions to Section 232 Steel and Aluminum Tariff Exclusion Process and Requests Public Comments

On Aug. 28, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”), proposed new regulations revising certain aspects of the exclusion process for Section 232 steel and aluminum tariffs. BIS also requested…more

Aluminum Sales, Bureau of Industry and Security (BIS), Imports, Interim Final Rules (IFR), Steel Industry

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Michigan Provides Matching Grant Funds for Small Manufacturer Energy Efficiency Upgrades

The Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) has issued a request for proposals (“RFP”) offering matching grants through its Retooling Program for small manufacturers to implement energy efficiency…more

Energy Efficiency, Environmental Justice, Environmental Social & Governance (ESG), Grants, Greenhouse Gas Emissions

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Virginia Court of Appeals Clarifies “Place of Business” Licensing Requirement

Virginia’s Alcohol Beverage Control (“ABC”) Act provides that an entity seeking to ship wine to Virginia consumers must have a license to do so, and each license must “designate the place where the business of the licensee will…more

Alcohol Beverage Control, Hospitality Industry, Licensing Rules, Liquor Licences, Restaurant Industry

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Potential Remedy for Addicks & Barker Reservoir Release Victims

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused flooding…more

Dams, Flood Insurance, Flooding, Hurricane Harvey, Inverse Condemnation

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Is Arizona Putting a Chill on Freeze-Out Mergers?

Dealing with – or being – a minority shareholder can be problematic, and friction between majority and minority owners is not uncommon. The majority owner may find itself hamstrung in its efforts to conduct business by the…more

Appraisal, Fiduciary Duty, Freeze-Out Mergers, Mergers, Minority Shareholders

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Pennsylvania State Construction Notices Directory Is Now Available

Consistent with the October 2014 amendments to the Pennsylvania Mechanics' Lien Law, the Pennsylvania Department of General Services has created the internet-based State Construction Notices Directory (the "Directory"). The…more

Construction Industry, Contractors, Mechanics Lien, Subcontractors

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Have You Unknowingly Become a Joint Employer? The Potential Perils of Using Temporary Workers in the Automotive and Manufacturing Industries

For years, companies in the automotive and manufacturing industries have utilized temporary workers as a means of supplementing their regular workforce, particularly with regard to hourly staff. One of the primary reasons behind…more

Automotive Industry, Joint Employers, Manufacturers, NLRB, Staffing Agencies

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Deposit Insurance and Cryptocurrency Assets – What the FDIC Wants You To Know

On July 29, the Federal Deposit Insurance Corporation (FDIC) issued a Financial Institution Advisory Letter informing the general public that the FDIC does not insure assets issued by non-banking institutions, such as…more

Banking Sector, Cryptocurrency, FDIC, Financial Institutions, Financial Services Industry

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Increased Disclosure Obligations Aimed at Greater Transparency in Municipal Securities Market

On August 15, 2018, the Securities and Exchange Commission ("SEC") created new disclosure obligations for borrowers that issue debt through the municipal bond market…more

Borrowers, Disclosure Requirements, Municipal Bonds, Municipal Securities Issuers, Municipal Securities Market

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New Trade Case on Imports of Certain Epoxy Resins from China, India, South Korea, Taiwan, and Thailand

Five new U.S. antidumping (“AD”) petitions were filed on April 3, 2024, by the U.S. Epoxy Resin Producers Ad Hoc Coalition (the “Coalition” or “Petitioner”) against imports of epoxy resins from China, India, South Korea, Taiwan,…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), U.S. Commerce Department

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EPA Releases Final Rule on Vehicle Emission Limits for 2027 and Later

On March 20, the U.S. Environmental Protection Agency (“EPA”) released its final rule on Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles (the “Final Rule”). The Final Rule…more

Automotive Industry, Carbon Emissions, Electric Vehicles, Environmental Policies, Environmental Protection Agency (EPA)

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Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion requirement…more

Americans with Disabilities Act (ADA), Exhaustion Doctrine, IDEA, Perez v Sturgis Public Schools, Public Schools

See all updates »

Allegheny County Property Owners Can Challenge 2022 and 2023 Taxes

Property owners in Allegheny County have a rare opportunity to significantly reduce their property taxes for 2022 and 2023 by filing an appeal by March 31. Typically property owners may only challenge their taxes for the current…more

Pennsylvania, Property Owners, Property Tax, Tax Planning

See all updates »

NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

See all updates »

Direct Means Proximate? Oregon District Court Holds Ransomware Payment Is a Direct Loss

In yet another troubling decision to the crime insurance industry, on Dec. 6, a federal district court, applying Oregon law, found coverage for a ransomware payment under a Computer Fraud insuring agreement. Yoshida Foods Int’l,…more

Cyber Attacks, Fraud, Hackers, Ransomware

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The Need for Cannabis Businesses to Secure Intellectual Property

With an increasing number of states legalizing the growth, sales, and use of medicinal and recreational marijuana, the cannabis industry is becoming an increasingly prevalent force in national and world markets. As the industry…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Intellectual Property Protection, Marijuana Related Businesses, Trademark Registration

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Non-Practicing Entities Property Employ Unique Business Model to Target the Hospitality Industry

In most high-tech industries, there have been no shortage of patent infringement lawsuits between manufacturers over the development of new device features. From a business model perspective, these lawsuits make sense in a…more

Hospitality Industry, Hotels, Patent Infringement, Patents

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Q3 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and…more

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

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Monetizing Your Digital Fingerprint: Ninth Circuit Revives Privacy Lawsuit Against Facebook Over User Tracking

A case pending against Facebook in California is heading back to the Federal District Court for further litigation on the merits. On April 9, 2020, the Ninth Circuit Court of Appeal ruled on plaintiffs’ claims against Facebook…more

CIPA, Consumer Privacy Rights, Corporate Counsel, Data Privacy, Facebook

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Department of Education Makes Significant Changes to the Title IX Regulations Governing Disciplinary Processes Addressing Sexual Misconduct

Today, the U.S. Department of Education (“Department”) issued significant changes to its Title IX regulations (“Final Rule”) governing how schools respond to complaints of sexual misconduct. The Final Rule takes effect on August…more

Colleges, Department of Education, Educational Institutions, Employee Training, Final Rules

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Sixth Circuit Clarifies Foreseeability and Notice Requirements Under FMLA

On Nov. 16, the United States Court of Appeals for the Sixth Circuit issued a published decision clarifying the notice requirements under the Family and Medical Leave Act (“FMLA”). The Court held that a former assembly worker’s…more

Employees, Family and Medical Leave Act (FMLA), Leave of Absence, Notice Requirements

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Congress Proposes Changes to the Taxation of Carried Interest

On July 27, the Senate reached a deal that would raise taxes on carried interest income earned by investment managers. If enacted, the Inflation Reduction Act of 2022 (the “Act”) would amend the relatively new Section 1061 of…more

Capital Gains, Carried Interest, Income Taxes, Investment Management

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New Executive Order Impacts Real Estate Licensees Whose Licenses Have Expired or Are Set to Expire Between April 16, 2020 and August 14, 2020

Is your California real estate license set to expire during the period between June 15, 2020, through August 14, 2020, and you need an extension to submit your renewal application and fee and complete any continuing education…more

Executive Orders, Governor Newsom, Licensees, Real Estate Professionals, Time Extensions

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Speaking It Into Existence: A Deeper Dive Into the CFPB Hearing on Medical Billing and Payment Products

On July 11, the Consumer Financial Protection Bureau (“CFPB”) held a hearing on issues surrounding medical debt and specifically, payment products. Not surprisingly, the invited experts and special guests taking part in the…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Financial Services Industry, Loans

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Revving Up - Dispute Over USMCA Auto Parts Rules

On Aug. 20, Mexico requested consultations with the United States on the interpretation of the automotive rules of origin under the US-Mexico-Canada (USMCA) trade agreement. A week later, Canada joined Mexico in the consultation…more

Automotive Industry, Canada, Mexico, United States-Mexico-Canada Agreement (USMCA)

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Q2 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Intoxicating Hemp Derivatives Market: By Robert Hoban - All of the hemp plant’s uses and contrivances…more

Cannabidiol (CBD) oil, Cannabis Products, Hemp, Marijuana, Marijuana Related Businesses

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ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies…more

Artificial Intelligence, Celebrities, Civil Liability, Copyright Office, Deep Fake

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FDA Warns Companies Allegedly Illegally Selling CBD and Delta-8 THC Products to Label and Brand More Carefully

For the first time, the U.S. Federal Food and Drug Administration (“FDA”) this week issued consumer warnings and sent letters to five companies, alleging that they are selling products in a way that violates Food, Drug and…more

Cannabidiol (CBD) oil, Cannabis Products, FDA Warning Letters, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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April 2024 Visa Bulletin Continues To Move in the Right Direction on Employer Sponsored Nurse Green Card Cases

Foreign nationals and their sponsoring US employers or US family members have been closely monitoring the monthly releases of the US Department of State (DOS) Visa Bulletin for the past year to confirm when they will be eligible…more

EB-3, Foreign Workers, Immigrants, Immigration Procedures, Nurses

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EEOC’s Proposed Regulations Provide Employers with Guidance Regarding the Pregnant Workers Fairness Act

On August 11, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement the Pregnant Workers Fairness Act (“PWFA”). The PWFA went into effect on June 27, 2023, and…more

Employee Rights, Employees, Equal Employment Opportunity Commission (EEOC), NPRM, Pregnancy

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Department of Education Makes Significant Changes to the Title IX Regulations Governing Disciplinary Processes Addressing Sexual Misconduct

Today, the U.S. Department of Education (“Department”) issued significant changes to its Title IX regulations (“Final Rule”) governing how schools respond to complaints of sexual misconduct. The Final Rule takes effect on August…more

Colleges, Department of Education, Educational Institutions, Employee Training, Final Rules

See all updates »

The HSE Cyberattack: Lessons Learned

In this article, we look at the 2021 cyberattack on the Health Service Executive (“HSE”), the national healthcare provider for Ireland, and what lessons have been learned from that crisis one year post-incident…more

Crisis Management, Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity

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NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

See all updates »

Supreme Court Holds that Mere Retention of Property Does Not Violate the Automatic Stay

The Supreme Court of the United States on January 14, 2021, issued a decision in the case of City of Chicago v. Fulton that favors creditors in a bankruptcy case. The Court held that a creditor’s “mere retention” of property of…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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Electronically Signed Arbitration Agreements May Be Unenforceable

What happens when an employee signs an arbitration agreement using their mobile device and later claims they did not knowingly sign the arbitration agreement because they were not previously told about it? Well, according to the…more

Arbitration, Arbitration Agreements, E-Signatures, Mobile Devices

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Is Arizona Putting a Chill on Freeze-Out Mergers?

Dealing with – or being – a minority shareholder can be problematic, and friction between majority and minority owners is not uncommon. The majority owner may find itself hamstrung in its efforts to conduct business by the…more

Appraisal, Fiduciary Duty, Freeze-Out Mergers, Mergers, Minority Shareholders

See all updates »

The Retail-Diversity Determinant, and Its Implications for a Retailer

There has been a fresh call by consumers demanding that retailers embrace their diversity, inclusion, and equality practices. This retail uprising has encouraged various industries to reinvent their ad-campaigning strategies,…more

Corporate Culture, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Retailers

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2021 Is a Reassessment Year for Properties in the City of Chicago

For 2021, the Cook County Assessor’s Office has begun the reassessment process for all properties located within the City of Chicago. In Cook County, townships have been divided up into three separate groups and each group is…more

City of Chicago, Property Owners, Property Tax, Reassessments, Tax Assessment

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[Webinar] Preparing for Clean Energy Tax Credit Transfer Transactions - May 1st, 12:00 pm - 1:00 pm EDT

Project developers in the EV, solar, wind, battery, CCUS, hydrogen, biofuels, and energy efficiency markets have been blessed by the IRS with the ability to transfer tax credits directly to willing buyers. Tax equity…more

Biofuel, Clean Energy, Electric Vehicles, Energy Efficiency, Energy Projects

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Incident Reporting: The Newly Proposed Cybersecurity Requirements

Last month the Federal Acquisition Regulatory (FAR) Council announced a major proposal regarding cybersecurity incident reporting and information. Comments currently are now due by February 2, 2024…more

Compliance, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA), False Claims Act (FCA)

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Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

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Courts, Your Lawsuit and the Impact of COVID-19

With the health and safety of communities, court employees, jurors, parties, witnesses, and attorneys in mind, judicial systems around the country at the local, state and federal level have all issued notices advising of new…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health

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The Future Is Sooner Than You Thought: Effective Dates for School Law Changes in Michigan

In 2023, the Michigan Legislature enacted a series of Public Acts that significantly changed laws impacting public education in kindergarten through grade 12. Some of these laws had specified effective dates, and others were…more

Educational Institutions, Legislative Agendas, Public Schools, State and Local Government, Students

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Allegheny County Property Owners Can Challenge 2022 and 2023 Taxes

Property owners in Allegheny County have a rare opportunity to significantly reduce their property taxes for 2022 and 2023 by filing an appeal by March 31. Typically property owners may only challenge their taxes for the current…more

Pennsylvania, Property Owners, Property Tax, Tax Planning

See all updates »

Comparison of Recent Illinois, Cook County, and Chicago Paid Leave Laws

In 2023, the State of Illinois, Cook County, and the City of Chicago each passed laws requiring employers to provide paid leave to their employees to use for any reason. While the intent behind the three new laws was the same,…more

Illinois, Local Ordinance, Paid Leave, Paid Time Off (PTO), Sick Leave

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The Corporate Transparency Act's Impact On Charities and Tax-Exempt Entities (Updated)

The Corporate Transparency Act (the “CTA”) became effective Jan. 1, 2024. The CTA’s goal is to reduce money laundering and other financial crimes by requiring the reporting of ownership and control information of businesses…more

Beneficial Owner, Charitable Organizations, Corporate Transparency Act, FinCEN, IRS

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Cook County - City of Chicago Triennal Reassessment for 2018

The 2018 Reassessment for the City of Chicago is now underway. Since 2009, the property tax rate has risen from 4.6 percent to 7.1 percent, resulting in an increase of tax payment to about $7.10 for every $100.00 in equalized…more

Property Owners, Property Tax, Property Valuation, Reassessments, State and Local Government

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There’s No Place Like Home

Analysis of the 2 Prongs of the Patent Venue Statute for Domestic Corporations after the May 22, 2017 TC Heartland U.S. Supreme Court Decision. First Prong of 28 USC 1400(b) – “[a]ny civil action for patent infringement may…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Patent Litigation, Personal Jurisdiction

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Breakin’ the Rules: NRLB Decision on Work Rules

On Aug. 2, the National Labor Relations Board (NLRB or the “Board”) issued its much-awaited decision on handbooks and work rules in Stericycle, 372 NLRB No. 113 (2023).  The new and very revised standard will make it more…more

Employee Handbooks, Employee Rights, Employees, Employer Responsibilities, Employment Policies

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United States To Address Important Standard Under False Claims Act

Recently, the United States Supreme Court granted certiorari to two False Claims Act (“FCA”) cases to determine whether a defendant who acted with an “objectively reasonable” interpretation of the law can still be liable for…more

Certiorari, False Claims Act (FCA), Liability, SCOTUS

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Neutralizing “Carbon Neutral”? Use of Carbon Offsets Faces Increased Global Scrutiny

All around the world, there is a growing focus on stopping companies from “greenwashing” their activities—i.e., making false or misleading statements about the environmental benefits of a product or practice. Related to this,…more

Advertising, Carbon Emissions, Federal Trade Commission (FTC), Greenwashing, Hospitality Industry

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October Is National Cybersecurity Awareness Month – Be Cyber Alert and Guard Against Phishing

This month is the 18th Annual National Cybersecurity Awareness Month in the United States, sponsored by the Cybersecurity and Infrastructure Security Agency (CISA) and the National Cyber Security Alliance. This year’s theme is…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy

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SCOTUS Carves Out an Exception to the No-Impeachment Rule

On March 6, 2017, Pena-Rodriguez v. Colorado opened the curtain on jury deliberations for the purpose of correcting racial and ethnic bias that might have infected a jury's verdict. In Pena-Rodriguez, the United States Supreme…more

Impeachment, Pena-Rodriguez v Colorado, Racial Bias, SCOTUS, Sixth Amendment

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Supreme Court Holds that Mere Retention of Property Does Not Violate the Automatic Stay

The Supreme Court of the United States on January 14, 2021, issued a decision in the case of City of Chicago v. Fulton that favors creditors in a bankruptcy case. The Court held that a creditor’s “mere retention” of property of…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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Q3 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and…more

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

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Reenactment of Michigan's Prevailing Wage Act Takes Effect Feb. 13

On March 24, 2023, House Bill 4007 (“the Act”) was signed into law, restoring prevailing wage requirements because the previous Prevailing Wage Act, MCL 408.551 et seq., was repealed by 2018 PA 171. Since March 1, 2022,…more

Contractors, Davis-Bacon Act, Prevailing Wages, State Funding, Subcontractors

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OECD Tax Deal: When Does It Become Law?

The Organisation for Economic Co-operation and Development (the “OECD”) recently announced that a landmark deal has been reached by 136 countries in an attempt to ensure that Multinational Enterprises (“MNEs”) are subject to a…more

Corporate Taxes, Multinationals, OECD, Tax Rates

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Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?

Do architects and engineers owe a common law duty (i.e. non-contractual duty) to Contractors or Owners for alleged negligence, errors, or omissions when performing services? That answer may depend on what services are at issue…more

Architects, Construction Industry, Construction Project, Contractors, Design-Build

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Pay Transparency Laws Are on the Rise and They Come With Surprising Complications

New York City’s Pay Transparency Law went into effect on Nov. 1. Employers with four or more employees, and at least one employee that works in New York City, must post starting and ending pay ranges on job postings and…more

Disclosure Requirements, Hiring & Firing, Job Ads, Job Applicants, Pay Transparency

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Artificial Intelligence and Inventorship: Federal Court of Appeals Determines That Patent Inventors Must Be Human

Inventions such as the wheel, the printing press, light bulb, telescope, microscope, transistor, microchip, and the Internet, are amazing in and of themselves. However, these, and thousands of other inventions have also provided…more

Artificial Intelligence, Computer-Related Inventions, Inventions, Inventors, Machine Learning

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Recent Illinois Act Will Change Enforceability of Non-Competition and Non-Solicitation Agreements with Illinois Employees

Illinois Governor JB Pritzker is expected to sign into law SB 672 which would amend and significantly alter the Illinois Freedom to Work Act (the “Act”). Once signed into law, the Act will directly affect the enforceability of…more

Employment Contract, Governor Pritzker, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Nonrenewal of Michigan School Administrator Contracts

The deadlines are approaching for the nonrenewal of public school administrative contracts. Administrator contracts are governed by Section 1229 of the Michigan Revised School Code, MCL 380.1229, which contains two crucial…more

Board of Education, Contract Renewal, Public Schools

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Federal Court Enjoins Enforcement of NCAA’s Transfer Eligibility Rule

On Dec. 7, the states of Ohio, Colorado, Illinois, New York, North Carolina, Tennessee, and West Virginia filed a Complaint and Motion for Preliminary Injunction and Temporary Restraining Order in the U.S. District Court for the…more

College Athletes, Colleges, Educational Institutions, NCAA, Student Athletes

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Storing Crude Oil in Rail Tank Cars Requires an Understanding of Federal HazMat Regulations

The United States is awash in oil. The Coronavirus Pandemic has collapsed global demand and at the same time, increased oil production by Saudi Arabia and Russia has caused oil supply to surge. Facing a potential need for…more

Crude Oil, Federal Railroad Administration, Hazardous Substances, Oil & Gas

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Changes to California's Proposition 65

California’s Proposition 65 applies to any product sold in California, or any location in the state. It requires that, if the product or location contains one of over 900 potentially cancer causing or reproductive toxicant…more

Chemicals, Proposition 65, Toxic Chemicals, Warning Labels

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In the Wake of the Demise of Silicon Valley Bank and Signature Bank: What Fintechs, Private Equity, and Banks Need To Know

On Friday, March 10, the California Department of Financial Protection and Innovation (DFPI) closed Silicon Valley Bank (SVB), the subsidiary of SVB Financial. The Federal Deposit Insurance Corporation (FDIC) was appointed the…more

Banking Sector, Banks, Department of Financial Protection and Innovation (DFPI), FDIC, Financial Institutions

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FMCSA Practice Tips: Safety Audits for New Motor Carriers

For the past 20 years, the Federal Motor Carrier Safety Administration (FMCSA) has utilized a “New Entrant Safety Assurance Program” under 49 CFR Part 385, Subpart D for motor carriers receiving USDOT numbers for the first time…more

Audits, Department of Transportation (DOT), FMCSA, Safety Violations, Trucking Industry

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[Webinar] Practical Advice on the SEC Rule: Cybersecurity Incidents and Risk Management Disclosures - January 25th, 10:00 am PT

Are you prepared for the new SEC Rule on Cybersecurity Incident and Risk Management Disclosures? Don't let your business get caught off guard! This webinar will cover important points about the rule and how to effectively manage…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Disclosure Requirements

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Department of Education Makes Significant Changes to the Title IX Regulations Governing Disciplinary Processes Addressing Sexual Misconduct

Today, the U.S. Department of Education (“Department”) issued significant changes to its Title IX regulations (“Final Rule”) governing how schools respond to complaints of sexual misconduct. The Final Rule takes effect on August…more

Colleges, Department of Education, Educational Institutions, Employee Training, Final Rules

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2024 Benefits Limits

Happy Holidays! Employee benefits limits for 2024 have been promulgated by the government…more

401k, 403(b) Plans, Benefit Plan Sponsors, Contribution Limits, Employee Benefits

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Chicago U.S. Attorney Creates New Unit to Prosecute Health Fraud

On Thursday, July 20, 2017, acting U.S. Attorney for the Northern District of Illinois, Joel R. Levin, announced his office is increasing its attention on healthcare through a new Health Care Fraud Unit focused on prosecuting…more

Anti-Kickback Statute, Criminal Prosecution, Department of Justice (DOJ), Health Care Providers, Healthcare Fraud

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Cook County Minimum Wage Increase

Beginning on July 1, the minimum wage for non-tipped workers in Cook County will increase from $13.35 to $13.70. The minimum wage for tipped workers will increase from $7.40 to $8.00. This increase will apply to hourly,…more

Employer Responsibilities, Minimum Wage, Tipped Employees, Wage and Hour

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California Supreme Court Says Vertical Exhaustion Applies to Excess Policies in Continuing Loss Cases but Insurers Still Have Contribution Rights

The California Supreme Court decided another big environmental coverage case on April 6, 2020. In Montrose Chemical Corporation of California v. The Superior Court of Los Angeles County, the court's ruling addressed the…more

Insurance Industry, Policy Terms

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When Is Summary Judgment Evidence “On File”?

In Lance v. Robinson, No. 16-0323, 2018 Tex. LEXIS 246 (Mar. 23, 2018), the Texas Supreme Court confirmed that when deciding a summary judgment motion, a court may consider evidence not attached to the motion as long as the…more

Appeals, Deeds, Evidence, Motion for Summary Judgment, Real Estate Transfers

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A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19…more

Best Practices, Bodily Injury, Civil Liability, Coronavirus/COVID-19, Health and Safety

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Recent Changes to Illinois Law Affecting Residential Landlords and Property Managers Part 2

In the previous alert, we covered the Illinois Landlord and Tenant Act, along with the Radon Awareness Act and several others. Here we will go over changes to the Electric Vehicle Charging Act and how it could affect the…more

Charging Stations, Electric Vehicles, Illinois, Landlords, Property Managers

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Copyright, Software and Fair Use of APIs: U.S. Supreme Court decides Google v. Oracle

It is not an understatement to say that the economy is powered by software. So when a decision comes down from the U.S. Supreme Court on the extent to which software can be owned, it deservingly acquires “landmark case” status,…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google

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[Webinar] SaaS and Cloud: At the Intersection of IP and Data Protection - April 2nd, 10:00 am PT

In today's business landscape, businesses are increasingly relying on third-parties to manage their information, especially those hosting their information in the cloud. This reliance on third parties and the nature of cloud…more

Artificial Intelligence, Cloud Computing, Cloud Service Providers (CSPs), Data Management, Data Processors

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[Webinar] The Time is Now: Foreign Nurse Immigration Sponsorship and the US Healthcare Staffing Crisis - November 15th, 9:00 am PT

The healthcare industry is facing a nurse staffing crisis in the wake of the pandemic. Many US healthcare facilities are looking abroad to meet the demand for patient care, but are unsure about how visa processing delays might…more

Foreign Workers, Healthcare Facilities, Healthcare Workers, Hiring & Firing, Labor Shortage

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Q3 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and…more

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

See all updates »

EPA Changes Requirements For Bona Fide Prospective Purchaser To Conform With Updated ASTM E1527-21 Standard

Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable for…more

BFPP, CERCLA, Contaminated Properties, Contamination, Environmental Assessments

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Storing Crude Oil: Do Rail Tank Cars Become EPA-Regulated Storage Vessels?

As discussed in our prior alert and reported on by the New York Times, U.S. oil producers are scrambling to find storage to wait-out the COVID-19-driven supply glut and depressed market prices. Converting non-conventional…more

Crude Oil, Environmental Protection Agency (EPA), Hazardous Substances, Oil & Gas, PHMSA

See all updates »

The Pennsylvania Supreme Court’s Recent Decision in Bousamra v. Excela Health

A recent opinion by the Pennsylvania Supreme Court provides important guidance on when your organization can communicate with a third-party without waiving the protections of the attorney work product doctrine or the…more

Attorney-Client Privilege, PA Supreme Court, Privileged Communication, Work-Product Doctrine

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Will Commercial Real Estate Sink or Swim in 2024?

In 2024, we anticipate that the commercial real estate industry will continue to face distress with some stabilization. This alert focuses on three subsets of the commercial real estate market: retail, office, and multi-family…more

Commercial Property Owners, Commercial Real Estate Market, Debt, Financial Distress, Multi-Family Housing

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[Webinar] Navigating Risk After the Change Healthcare Cyberattack: Strategies for Effective Healthcare Third Party Risk Management - April 17th, 9:00 am PT

In an increasingly interconnected healthcare landscape, third party relationships play a critical role in operations, but they also introduce significant risk. To address this challenge, our webinar delves into the intricacies…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Fourth Circuit Clarifies Contours of Laws Applicable to Tax-Exempt Entities

The “hook” of many federal anti-discrimination measures, including Title VI, Title IX, Section 504 of the Rehabilitation Act, and Section 303 of the Age Discrimination Act, is “receiving Federal financial assistance.” However,…more

Anti-Discrimination Policies, Educational Institutions, Federal Funding, Internal Revenue Code (IRC), Private Schools

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Sesame’s Major Allergen Designation to Impact Food Industry

A new year has arrived, and with it come new FDA requirements governing the labeling and safe handling of sesame and sesame-containing food products. The seed, a popular ingredient in foods across the world, has joined the list…more

Fast-Food Industry, Federal Food Drug and Cosmetic Act (FFDCA), Food Allergies, Food and Drug Administration (FDA), Food Labeling

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Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by consumers…more

Communications Decency Act, Defamation, Immunity, Online Reviews, Section 230

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ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies…more

Artificial Intelligence, Celebrities, Civil Liability, Copyright Office, Deep Fake

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Sesame’s Major Allergen Designation to Impact Food Industry

A new year has arrived, and with it come new FDA requirements governing the labeling and safe handling of sesame and sesame-containing food products. The seed, a popular ingredient in foods across the world, has joined the list…more

Fast-Food Industry, Federal Food Drug and Cosmetic Act (FFDCA), Food Allergies, Food and Drug Administration (FDA), Food Labeling

See all updates »

Corporate Transparency Act: Understanding the “Large Operating Company” Exemption

On Jan. 1, the new Corporate Transparency Act (“CTA”) came into effect and imposes reporting obligations on domestic and foreign entities that are within the scope of the definition of “reporting company” under the statute…more

Beneficial Owner, Compliance, Corporate Transparency Act, FinCEN, Foreign Entities

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In Appellate Courts, (Seemingly Almost) Every Day’s a Holiday

As this is being written, the office is quiet because it’s a federal holiday, and the weather forecasters are predicting Snowmageddon (defined as a 1% or more chance of one or more particles of frozen precipitation falling…more

Appellate Courts, Appellate Rules, Deadlines, Filing Deadlines, Holidays

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Recent Developments to the California Consumer Privacy Act: How They Impact Your Organization’s Compliance Efforts

As the California Consumer Privacy Act’s (CCPA) January 1, 2020 compliance deadline rapidly approaches, businesses need to assess what actions are necessary in light of recent developments…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Michigan Court of Appeals Examines Provisions of the Open Meetings Act

In its recent decision, Hindelang v. City of Grosse Pointe, the Michigan Court of Appeals (“Court”) has offered clarification and some helpful reminders for compliance with the Open Meetings Act (“OMA”). In a case involving…more

City Councils, FOIA, Open Meetings Act, Public Meetings, State and Local Government

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Presumed Employee: California Supreme Court Reverses Old Classification Test for Delivery Drivers in Wage and Hour Class Actions

On April 30, 2018, California’s high court unanimously ruled in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County that certain workers should be presumed employees instead of independent contractors when…more

Class Action, Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

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2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Warning for Taxpayers Prepaying Real Property Taxes in 2017

Under a new law enacted as part of the Tax Cuts and Jobs Act of 2017, effective January 1, 2018, individuals’ combined federal income tax deduction for state and local income, sales, and property taxes is limited to $10,000. For…more

IRS, Property Tax, State Taxes, Tax Cuts and Jobs Act, Tax Deductions

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What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how…more

Anti-Retaliation Provisions, Decriminalization of Marijuana, Employer Liability Issues, Employment Discrimination, Employment Policies

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Direct Means Proximate? Oregon District Court Holds Ransomware Payment Is a Direct Loss

In yet another troubling decision to the crime insurance industry, on Dec. 6, a federal district court, applying Oregon law, found coverage for a ransomware payment under a Computer Fraud insuring agreement. Yoshida Foods Int’l,…more

Cyber Attacks, Fraud, Hackers, Ransomware

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NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

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Department of Education Makes Significant Changes to the Title IX Regulations Governing Disciplinary Processes Addressing Sexual Misconduct

Today, the U.S. Department of Education (“Department”) issued significant changes to its Title IX regulations (“Final Rule”) governing how schools respond to complaints of sexual misconduct. The Final Rule takes effect on August…more

Colleges, Department of Education, Educational Institutions, Employee Training, Final Rules

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The Cannabis Cure for the Public Pension Crisis

Pensions are, and have been, an important compensation component for public employees, including teachers, police, fire, and other municipal positions. However, limited funds and riskier investments are threatening pension funds…more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Debt Restructuring, Employee Benefits, Excise Tax

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Act 341 Amendments To Residential Builders Occupational Code Address When a Builder Needs a Residential Builder’s License

Michigan’s Occupational Code (“Code”) requires builders of residential structures to be licensed as a "residential builder." Under the Code, the definition of “residential structure” is very broad and includes almost any type of…more

Construction Industry, Construction Project, Licenses, Real Estate Development

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CARES Act Provides Relief to Real Estate Professionals

The CARES Act, signed into law on March 27, 2020, provides, relief from certain tax provisions enacted by the 2017 Tax Cuts and Jobs Act (TCJA) which may help real estate businesses weather the current economic storm…more

CARES Act, Eviction, Foreclosure, HUD, Rental Assistance Programs

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Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Immigration Update

Labor Shortages in Key Professional and Technical Positions - Despite recent layoffs in many industries, automotive and manufacturing employers continue to experience difficulty hiring for key professional and technical…more

Automotive Industry, F-1 Visa, Foreign Workers, Green Cards, H-1B

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The Attack on Employment Noncompetes: The Status of Federal Initiatives

Historically, enforcement of noncompete agreements has been a subject of state law, not federal law. States have taken many different approaches to the agreements. A few states have enacted laws that ban the enforcement of…more

Competition, Department of Justice (DOJ), Employment Contract, Federal Trade Commission (FTC), Government Agencies

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Texas Federal Court's Invalidation of 2023 NLRB Joint Employer Rule Buys Employers Time

The United States District Court for the Eastern District of Texas just struck down the National Labor Relations Board’s (NLRB) new rule that broadened the test for determining when separate businesses may be considered joint…more

Employees, Franchises, Joint Employers, NLRA, NLRB

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New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent a…more

Disability, Guardians, Special Needs Adults

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Unique Tax Deferral Opportunity with an ESOP Sale

Under a specific set of facts, a C-corporation sale to an ESOP may be able to utilize the tax provision benefits of combining Section 1202 of the Internal Revenue Code of 1986, as amended (the “Code”) and Code Section 1042…more

C-Corporation, ESOP, Internal Revenue Code (IRC), Tax Deferral

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The U.S. Department of Labor's Shift in Policy: A Win for Businesses?

On June 7, 2017, the Secretary of Labor announced that the Department of Labor is withdrawing its Obama-era Wage and Hour Administrator's Administrative Interpretations addressing joint employment and independent contractors…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors, Joint Employers

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Coming Soon: New Greenhouse Gas and Climate-Related Financial Disclosure Obligations Affecting the Government Contracting Community

Many federal contractors may soon be required to evaluate and disclose their greenhouse gas emissions and climate-related financial risk. The proposed rule to implement these new requirements has not yet been published, but it…more

Climate Change, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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U.S. Supreme Court Issues Ruling in Clean Water Act Case

On May 23, the U.S. Supreme Court issued its ruling in Sackett v. Environmental Protection Agency (Sackett II). The decision caps the long-running saga about how to define “Waters of the United States” (WOTUS) under the Clean…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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New Trade Case on Imports of Certain Epoxy Resins from China, India, South Korea, Taiwan, and Thailand

Five new U.S. antidumping (“AD”) petitions were filed on April 3, 2024, by the U.S. Epoxy Resin Producers Ad Hoc Coalition (the “Coalition” or “Petitioner”) against imports of epoxy resins from China, India, South Korea, Taiwan,…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), U.S. Commerce Department

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Fourth Circuit Clarifies Contours of Laws Applicable to Tax-Exempt Entities

The “hook” of many federal anti-discrimination measures, including Title VI, Title IX, Section 504 of the Rehabilitation Act, and Section 303 of the Age Discrimination Act, is “receiving Federal financial assistance.” However,…more

Anti-Discrimination Policies, Educational Institutions, Federal Funding, Internal Revenue Code (IRC), Private Schools

See all updates »

New Trade Case on Imports of Certain Epoxy Resins from China, India, South Korea, Taiwan, and Thailand

Five new U.S. antidumping (“AD”) petitions were filed on April 3, 2024, by the U.S. Epoxy Resin Producers Ad Hoc Coalition (the “Coalition” or “Petitioner”) against imports of epoxy resins from China, India, South Korea, Taiwan,…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), U.S. Commerce Department

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Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

See all updates »

Shifting Cannabis Standards in Pennsylvania: Probable Cause and Outside Ingredients

Statewide recall of vaporized products with non-cannabis derived ingredients. After conducting a statewide review of all vaporized medical marijuana products, on February 4th, 2022, the Medical Marijuana Office of Pennsylvania…more

Medical Marijuana, Product Recalls, State Health Departments, Vaping

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Preparing for the Corporate Transparency Act (Updated)

Originally published October 2023, updated January 2024. The Corporate Transparency Act (CTA) was enacted on Jan. 1, 2021, and requires new beneficial ownership reporting for U.S. and foreign companies. Reporting requirements…more

Beneficial Owner, Business Entities, Compliance, Corporate Governance, Corporate Transparency Act

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Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Immigration Update

Labor Shortages in Key Professional and Technical Positions - Despite recent layoffs in many industries, automotive and manufacturing employers continue to experience difficulty hiring for key professional and technical…more

Automotive Industry, F-1 Visa, Foreign Workers, Green Cards, H-1B

See all updates »

Storing Crude Oil: Do Rail Tank Cars Become EPA-Regulated Storage Vessels?

As discussed in our prior alert and reported on by the New York Times, U.S. oil producers are scrambling to find storage to wait-out the COVID-19-driven supply glut and depressed market prices. Converting non-conventional…more

Crude Oil, Environmental Protection Agency (EPA), Hazardous Substances, Oil & Gas, PHMSA

See all updates »

U.S. Supreme Court’s Decision in Abitron Austria GMBH et al. v. Hetronic International, Inc. Underscores the Need for Foreign Trademark Registration and Enforcement

On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the territorial…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Entities, Foreign Sales, Intellectual Property Protection

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Business Agility for the New Normal

Major disruptions caused by unexpected changes in business conditions can hit at any time and with little warning. Simply having a business continuity plan is not sufficient, particularly if it has not been completed, resourced,…more

Business Continuity Plans, Business Operations, Coronavirus/COVID-19, Risk Management

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How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob and…more

Estate Planning, No Contest Clause, Probable Cause, Wills

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Another Bite At The Apple, Another Opportunity for Appeal

Many interlocutory orders in Texas state court can be immediately appealed, but only if a notice of appeal is filed within 20 days. The Texas Supreme Court, in City of Magnolia 4A Development Corporation v. Smedley, recently…more

Governmental Immunity, Interlocutory Appeals, Motion to Dismiss, Municipalities, Summary Judgment

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Ninth Circuit Issues Decision Clarifying Protein Labeling Requirements

On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District of…more

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

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The Corporate Transparency Act's Impact On Charities and Tax-Exempt Entities (Updated)

The Corporate Transparency Act (the “CTA”) became effective Jan. 1, 2024. The CTA’s goal is to reduce money laundering and other financial crimes by requiring the reporting of ownership and control information of businesses…more

Beneficial Owner, Charitable Organizations, Corporate Transparency Act, FinCEN, IRS

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Fair Use and Warhol’s Prince Silkscreens

Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 2023 WL 3511534…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Litigation, Fair Use, Intellectual Property Protection

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6th Circuit Clarifies Rules for Disciplining Students for Off-Campus Speech and Conduct

On June 2, the 6th Circuit Court of Appeals – the federal appellate court whose rulings are applicable in Michigan – issued a decision that clarifies the circumstances under which a school district may discipline a student for…more

Code of Conduct, Discipline, Harassment, School Districts, School Policies

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Travel During COVID – How Do I Get My Critical Employees Into the US?

The ongoing COVID-19 pandemic continues to cause major challenges to international travel, deeply impacting Automotive and Manufacturing employers’ ability to move their global workforce to where they are needed. Far-reaching…more

Automotive Industry, Coronavirus/COVID-19, Corporate Counsel, Foreign Workers, International Travel

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Pennsylvania Supreme Court Holds that Former Employees are Not Entitled to Inspect their Personnel Files

It is an issue that human resources professionals frequently face. An employee is discharged. The employee, or the employee's attorney, demands the opportunity to inspect the employee's personnel file to determine whether the…more

Employer Liability Issues, Former Employee, Hiring & Firing, Human Resources Professionals

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The H-1B CAP Has Been Reached

On April 6, 2018, U.S. Citizenship and Immigration Services ("USCIS") announced that between April 2, 2018 and April 6, 2018, USCIS received more than enough applications for new H-1B visas for the 2019 government fiscal year…more

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

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Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Restructuring and Bankruptcy

Tip of the Iceberg or Puddle of Nothing - As the world unexpectedly shut down in March 2020, financial and restructuring professionals across the country expected the global economy to dive into another great recession or worse…more

Automotive Industry, Bankruptcy Court, Chapter 11, Debt Restructuring

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Reenactment of Michigan's Prevailing Wage Act Takes Effect Feb. 13

On March 24, 2023, House Bill 4007 (“the Act”) was signed into law, restoring prevailing wage requirements because the previous Prevailing Wage Act, MCL 408.551 et seq., was repealed by 2018 PA 171. Since March 1, 2022,…more

Contractors, Davis-Bacon Act, Prevailing Wages, State Funding, Subcontractors

See all updates »

FBI Issues Public Service Announcement of Cyber Threats Related to Student Use of Educational Technologies

On September 13, 2018, the Federal Bureau of Investigation (FBI) released a public service announcement in an effort to increase awareness of the vulnerability of K-12 students to the threat of cyber attacks…more

Cyber Attacks, Cyber Threats, Cybersecurity, FBI, Malware

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Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Intellectual Property

The Impact of SEPs on EV Design and Development - Historically, issues with Standard-Essential Patents (“SEPs”) involved the information technology industries and did not heavily impact the automotive industry. That is changing…more

Automotive Industry, Electric Vehicles, Information Technology, Standard Essential Patents, Standard Setting Organizations

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[Webinar] Preparing for Clean Energy Tax Credit Transfer Transactions - May 1st, 12:00 pm - 1:00 pm EDT

Project developers in the EV, solar, wind, battery, CCUS, hydrogen, biofuels, and energy efficiency markets have been blessed by the IRS with the ability to transfer tax credits directly to willing buyers. Tax equity…more

Biofuel, Clean Energy, Electric Vehicles, Energy Efficiency, Energy Projects

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Plan Now for March 2022 H-1B Registrations

For H-1B petitions subject to the Fiscal Year 2023 H-1B quota, the U.S. Citizenship and Immigration Service (USCIS) will again use its electronic registration system to randomly select which employers are eligible to file an…more

Foreign Workers, H-1B, Immigration Procedures, USCIS

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Speaking It Into Existence: A Deeper Dive Into the CFPB Hearing on Medical Billing and Payment Products

On July 11, the Consumer Financial Protection Bureau (“CFPB”) held a hearing on issues surrounding medical debt and specifically, payment products. Not surprisingly, the invited experts and special guests taking part in the…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Financial Services Industry, Loans

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Ninth Circuit Panel Strikes Down California Legislature’s Latest Attack on Employment Arbitration Agreements

Recently, California’s legislature and judiciary have attempted to prohibit or significantly limit arbitration clauses in employment agreements on a number of occasions. In response, Federal courts, including the U.S. Supreme…more

Arbitration, Arbitration Agreements, Federal Arbitration Act

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The Illinois Gender Violence Act Now Covers Illinois Employers

Until recently, the Illinois Gender Violence Act, 740 ILCS 82/1 et seq. (“IGVA” or “Act”), did not provide a private cause of action against corporate employers whose employees may have committed gender-related violence. This…more

Civil Rights Act, Employer Liability Issues, Gender Violence Acts, Gender-Based Violence, Harassment

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End of an Era for Virtual AGMs and EGMs of Irish Companies?

Amongst the many pro-business responses of the Irish Government to the challenges presented by the onset of Covid-19 in 2020 was the swiftly-enacted Companies (Miscellaneous Provisions)(Covid-19) Act 2020 (the “Covid-19 Act”)…more

Coronavirus/COVID-19, Corporate Governance, Ireland, Shareholder Meetings, Shareholders

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2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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The H-1B CAP Has Been Reached

On April 6, 2018, U.S. Citizenship and Immigration Services ("USCIS") announced that between April 2, 2018 and April 6, 2018, USCIS received more than enough applications for new H-1B visas for the 2019 government fiscal year…more

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

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CMS Releases Interim Final Rule Mandating COVID-19 Vaccination for Healthcare Employees

On Nov. 4, the Centers for Medicare & Medicaid Services (“CMS”) released its highly anticipated Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, which upon publication in the Federal Register will mandate…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, Vaccinations

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Consolidated Appropriations Act Added Flexible Spending Account Options

In late December, President Trump signed The Consolidated Appropriations Act (CAA) into law. The law makes temporary changes to the rules governing health flexible spending accounts (Health FSAs) and dependent care flexible…more

Consolidated Appropriations Act (CAA), Dependent Care, Employee Benefits, Flexible Spending Accounts, Health and Welfare Plans

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Noncompete Agreements in Texas

Because the Federal Trade Commission is attempting to generally ban noncompete agreements throughout the United States, with exceptions in certain limited circumstances, there is a renewed interest in the enforceability of…more

Confidential Information, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Texas

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[Webinar] Using Equity/Ownership Incentives to Retain Key Employees - February 29th, 9:00 am PT

This webinar will provide an overview of how to evaluate and implement strategies to retain your key employees and executives using equity based incentives. Join Clark Hill attorneys Jim Brophy, Brad Oxford, and Luke Bailey as…more

Employee Benefits, Employee Incentive Plans, Employee Retention, Equity, Hiring & Firing

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Congress Proposes Changes to the Taxation of Carried Interest

On July 27, the Senate reached a deal that would raise taxes on carried interest income earned by investment managers. If enacted, the Inflation Reduction Act of 2022 (the “Act”) would amend the relatively new Section 1061 of…more

Capital Gains, Carried Interest, Income Taxes, Investment Management

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Maritime and Reinsurance Law and the Baltimore Bridge Collapse

In the early morning of March 26, the Singapore-registered container ship MV Dali, after losing power, collided with a main pier of the Francis Scott Key Bridge that spans the Patapsco River and the outer Baltimore Port in…more

Boating Accidents, Bridges, Business Interruption, Insurance Industry, Liability

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Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

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ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies…more

Artificial Intelligence, Celebrities, Civil Liability, Copyright Office, Deep Fake

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The City of Detroit Considers a Revised Proposed Adult Use Marijuana Ordinance

Last month, the City of Detroit began the process of considering a revised adult use marijuana ordinance. Application processing for recreational marijuana licenses under the City’s prior ordinance was previously enjoined on…more

City Councils, Decriminalization of Marijuana, Local Ordinance, Marijuana Related Businesses, Proposed Legislation

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Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Mexico Update

The automotive industry is fundamental to Mexico’s development and key to its economic growth. To understand the importance of the automotive industry in Mexico, below are some representative figures: Largest source of foreign…more

Automotive Industry, Infrastructure, Manufacturers, Mexico, Motor Vehicles

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SEC Expands “Accredited Investor” Definition in Rule 501(a)

On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments to expand the “Accredited Investor” definition in Rule 501(a) of the Securities Act of 1933, as amended (Securities Act). The amendments expand…more

Accredited Investors, Asset Management, Investors, Private Offerings, Rule 501(a)

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What Should Texas Retail Tenants Do if There Is a Snowpocalypse 2022?

The Texas winter storm of 2021 put millions without power and caused more monetary damages than any natural disaster to ever hit the State of Texas. The weather completely shut down the state and displaced countless retail…more

Natural Disasters, Rent, Retailers, Severe Weather, Tenants

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Post-COVID-19 Business Planning and Communications

What will businesses look like as COVID-19 shelter-in-place requirements are lifted and organizations begin restarting their economic engines? After every major event in American history, life and business were changed forever…more

Business Operations, Coronavirus/COVID-19, Re-Opening Guidelines, Shareholders

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Chicago Updates Mandatory Tenant Rights Summary

Landlords owning Chicago properties in most circumstances are now required to provide tenants with the new summary of the Residential Landlord Tenant Ordinance (“RLTO”) posted by the city in March. The summary can be reached at…more

City of Chicago, Landlords, Rental Property, Residential Leases, Tenants

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Prison for Bankruptcy Fraud Where Creditors Paid 100%

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the amount of concealed assets in a bankruptcy fraud case in which creditors were…more

Bankruptcy Code, Chapter 13, Chapter 7, Creditors, Fraud

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The U.S. Government is Shut Down but Most Immigration Agencies are Operating

As the U.S. Government shutdown begins, many are left wondering about how such a shutdown may impact immigration-related agencies. The U.S. Department of Labor (DOL) is impacted the most. Typically, if a U.S. government shuts…more

Customs and Border Protection, Department of Labor (DOL), Government Shutdown, Immigration and Customs Enforcement (ICE), OFLC

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Florida’s Digital Bill of Rights Becomes Law

Florida enacted a new data privacy law that mirrors similar privacy laws in other states such as Virginia, Colorado, and Utah. Senate Bill 262, otherwise known as the Florida Digital Bill of Rights (“FDBR”), was signed into…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Online Platforms, Personal Data

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[Webinar] Preparing for Clean Energy Tax Credit Transfer Transactions - May 1st, 12:00 pm - 1:00 pm EDT

Project developers in the EV, solar, wind, battery, CCUS, hydrogen, biofuels, and energy efficiency markets have been blessed by the IRS with the ability to transfer tax credits directly to willing buyers. Tax equity…more

Biofuel, Clean Energy, Electric Vehicles, Energy Efficiency, Energy Projects

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European Commission Gives Green Light on Antitrust Investigation into Insurance Ireland Data Pooling System

On May 14, 2019, the European Commission announced a formal antitrust investigation into Insurance Ireland’s data pooling system to reconcile its guidelines and conditions against competition laws that prevent unfair competitive…more

Antitrust Investigations, Competition, EU, European Commission, Treaty on the Functioning of the European Union (TFEU)

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Cannabis Law Podcast - Joint Considerations for Cannabis Industry Employers

Clark Hill's Carolyn Horton sits down with Labor & Employment attorneys Stephanie Rawitt, Charles Russman, and Lisa Reimbold to discuss: diverse cannabis employee benefits; the state and local employment laws cannabis businesses…more

Cannabis-Related Businesses (CRBs), Employee Benefits, Hiring & Firing, Marijuana Related Businesses, State Labor Laws

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Michigan Supreme Court Holds Elliot-Larsen Civil Rights Act Protects LGBTQ Community From Discrimination

On July 28, the Michigan Supreme Court issued its opinion in Rouch World, LLC, et al., v Michigan Dep’t of Civil Rights, et al. – a case addressing whether Michigan’s Elliott-Larsen Civil Rights Act (“ELCRA”) prohibits…more

Civil Rights Act, Gender Identity, LGBTQ, MI Supreme Court, Sex Discrimination

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U.S. Copyright Office Ponders Copyright Protection for AI-Generated Works Following D.C. Circuit’s Thaler Decision | News & Events

The U.S. Copyright Office (“Office”) has issued a notice of inquiry (NOI) in the Federal Register indicating its intent to study copyright law and policy issues raised by generative artificial intelligence (AI), and seeking…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Machine Learning

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Supreme Court Sustains Viability of Pennsylvania's Foreign Registration Corporation Statute

On June 27, in Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749 (2023), the Supreme Court vacated and remanded the Pennsylvania Supreme Court decision to the contrary, and upheld a Pennsylvania foreign corporation…more

Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co, PA Supreme Court

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Prison for Bankruptcy Fraud Where Creditors Paid 100%

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the amount of concealed assets in a bankruptcy fraud case in which creditors were…more

Bankruptcy Code, Chapter 13, Chapter 7, Creditors, Fraud

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[Webinar] Cybersecurity Resilience in Law Firms - March 6th, 9:00 am PT

The legal profession faces unprecedented challenges in securing sensitive client data and maintaining the integrity of digital practice. This webinar focuses on law firms seeking useful information about robust cybersecurity…more

Client Data, Cybersecurity, Data Breach, Data Privacy, Data Protection

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First-Ever "Spoofing" Conviction Upheld by the Seventh Circuit

In today's computer-driven world, trading firms use computer software to execute, at very high speed, large volumes of trades. Their trading strategies take advantage of minor discrepancies in the prices of securities or…more

Commodities, Criminal Convictions, Dodd-Frank, Indictments, Market Manipulation

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Greenwashing Litigation: Reduce the Risk of Getting Stuck in the Weeds

In recent years, American consumers have demonstrated a focus on how their consumption habits impact the environment. According to McKinsey & Company, “more than half of US consumers are … highly concerned about the…more

Class Action, Corporate Social Responsibility, Environmental Social & Governance (ESG), False Advertising, Federal Trade Commission (FTC)

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President Signs “Me Too” Bill Into Law Prohibiting Mandatory Arbitration of Workplace Sexual Harassment and Sexual Assault Claims

On March 3, 2022, President Biden signed a bill into law that prohibits the enforcement of contract provisions mandating third-party arbitration of workplace sexual harassment or assault claims and allows victims to have their…more

#MeToo, Arbitration, Arbitration Agreements, Biden Administration, Employer Liability Issues

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Pennsylvania Dept. of Health Orders New Safety Measures for Businesses

Effective April 6, 2020, the Pennsylvania Department of Health issued an Order for businesses authorized to maintain in-person operations pursuant to prior Orders issued by the Governor and Secretary of Health to date (including…more

Coronavirus/COVID-19, Health and Safety, Public Health, Workplace Safety

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Q3 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and…more

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

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Department of Education Makes Significant Changes to the Title IX Regulations Governing Disciplinary Processes Addressing Sexual Misconduct

Today, the U.S. Department of Education (“Department”) issued significant changes to its Title IX regulations (“Final Rule”) governing how schools respond to complaints of sexual misconduct. The Final Rule takes effect on August…more

Colleges, Department of Education, Educational Institutions, Employee Training, Final Rules

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CARES Act Provides Relief to Real Estate Professionals

The CARES Act, signed into law on March 27, 2020, provides, relief from certain tax provisions enacted by the 2017 Tax Cuts and Jobs Act (TCJA) which may help real estate businesses weather the current economic storm…more

CARES Act, Eviction, Foreclosure, HUD, Rental Assistance Programs

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MDE Guidance Relating to Evaluation Training Funds

Last week, the Michigan Department of Education (MDE) issued guidance on how funds for research, development and training related to educator evaluations will be awarded. This guidance is found on the MDE website, the tab…more

Employee Evaluations, Public Schools, Teachers, Training

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Pennsylvania Supreme Court Holds that Former Employees are Not Entitled to Inspect their Personnel Files

It is an issue that human resources professionals frequently face. An employee is discharged. The employee, or the employee's attorney, demands the opportunity to inspect the employee's personnel file to determine whether the…more

Employer Liability Issues, Former Employee, Hiring & Firing, Human Resources Professionals

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A Stepping Stone for German Cannabis Law?

The German Ministry for Health has this month published a draft bill on the subject of cannabis legalisation. The draft legislation is of course a diluted version of the original ambitious plans, which faced opposition at the…more

Cannabis Products, Decriminalization of Marijuana, European Commission, Germany, Marijuana

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Proposed Proposition 65 Updates for Rental Vehicles

The Office of Environmental Health Hazard Assessment (OEHHA) has proposed adding a new specific warning related to exposures from rental vehicles. While this proposed amendment is still in the public comment stage, its approval…more

Car Rentals, OEHHA, Proposed Amendments, Proposition 65, Toxic Exposure

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Clark Hill 2023 Automotive & Manufacturing Industry Outlook: ESG & Sustainability Update

If you feel like you can’t avoid seeing the letters “ESG” in the news, you’re probably not wrong. In the second half of 2023, the “ESG” headlines show no sign of stopping, as the attention of various stakeholders continues to…more

Automotive Industry, Environmental Social & Governance (ESG), Greenwashing, Manufacturers, Sustainability

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When Can Public Sector Employees Restrict Speech on Social Media? Supreme Court Weighs In

James Freed, like millions of other Americans, maintained a private Facebook page where he posted updates about his personal life. After he became the City Manager for Port Huron, Michigan, Freed would occasionally post updates…more

First Amendment, Government Officials, Lindke v Freed, Online Commentary, SCOTUS

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Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Mexico Update

The automotive industry is fundamental to Mexico’s development and key to its economic growth. To understand the importance of the automotive industry in Mexico, below are some representative figures: Largest source of foreign…more

Automotive Industry, Infrastructure, Manufacturers, Mexico, Motor Vehicles

See all updates »

California Court of Appeal Holds That Solely Online Retailers Without a Physical Location Are Not Liable for Inaccessible Websites Under the ADA and California’s Unruh Civil Rights Act

California’s Unruh Civil Rights Act (Civil Code section 51, et seq.) confers a right to a civil action against businesses that intentionally discriminate against individuals with disabilities or, alternatively, violate the Title…more

Americans with Disabilities Act (ADA), CA Supreme Court, Public Accommodation, Reasonable Accommodation, Retailers

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Virginia Court of Appeals Clarifies “Place of Business” Licensing Requirement

Virginia’s Alcohol Beverage Control (“ABC”) Act provides that an entity seeking to ship wine to Virginia consumers must have a license to do so, and each license must “designate the place where the business of the licensee will…more

Alcohol Beverage Control, Hospitality Industry, Licensing Rules, Liquor Licences, Restaurant Industry

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[Webinar] Navigating Risk After the Change Healthcare Cyberattack: Strategies for Effective Healthcare Third Party Risk Management - April 17th, 9:00 am PT

In an increasingly interconnected healthcare landscape, third party relationships play a critical role in operations, but they also introduce significant risk. To address this challenge, our webinar delves into the intricacies…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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U.S. Supreme Court’s Decision in Abitron Austria GMBH et al. v. Hetronic International, Inc. Underscores the Need for Foreign Trademark Registration and Enforcement

On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the territorial…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Entities, Foreign Sales, Intellectual Property Protection

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Illinois Bankruptcy Court Nullifies Lender's Right To Block Debtor's Bankruptcy Filing

Often, as part of a forbearance agreement, a lender will obtain a provision requiring its consent to any subsequently filed bankruptcy; the theory being that if the business debtor subsequently defaults under its restructured…more

Bankruptcy Court, Blocking Statutes, Chapter 11, Commercial Bankruptcy, Commercial Loans

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Recent Changes to California’s J-1 Waiver Program Have Significant Consequences for Healthcare Employers and Foreign Physicians

The California Department of Health Care Access and Information (HCAI) recently announced a series of changes to the California Conrad 30 J-1 waiver program that have important implications for healthcare employers in California…more

Foreign Workers, Health Care Providers, Healthcare Workers, J-1 Visas, Physicians

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[Webinar] SaaS and Cloud: At the Intersection of IP and Data Protection - April 2nd, 10:00 am PT

In today's business landscape, businesses are increasingly relying on third-parties to manage their information, especially those hosting their information in the cloud. This reliance on third parties and the nature of cloud…more

Artificial Intelligence, Cloud Computing, Cloud Service Providers (CSPs), Data Management, Data Processors

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How AB 3018 Affects California Design Professionals Performing Covered Work

In recent years, there has been a legislative push designed to make it more difficult for non-union contractors and design professionals, engineers, and land surveyors to compete for certain public works (construction)…more

Architects, Construction Industry, Construction Project, Contractors, Design Professionals

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Supreme Court Allows States to Require Sales Tax Collection by Out-of-State Sellers

For over fifty years, states have been prohibited from requiring an out-of-state seller that lacked a physical presence in the taxing state to collect and remit sales tax on sales into the state. Yesterday, in a historic…more

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

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The Michigan Department of Civil Rights Releases 2017 Revised Michigan Law Prohibits Discrimination Poster

The Michigan Department of Civil Rights ("MDCR") recently released its revised version of the posting Michigan Law Prohibits Discrimination required by the Michigan Elliott-Larsen Civil Rights Act and the Persons with…more

Disability Discrimination, Employee Rights, Employer Liability Issues, Reasonable Accommodation

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The CH Trade Secrets Review: California’s New Noncompete Laws of 2024

A review of significant developments, cases, and verdicts throughout the United States in trade secrets law - The legal landscape in 2023 continued a sea change in the arena of noncompete law, at both federal and state levels…more

California, Employer Responsibilities, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Trump Campaign Ethic Rules Do Not Violate the National Labor Relations Act

In the political world, campaigns sometimes forget that they are businesses subject to state and federal employment laws. Driving this reality home on Tuesday, the National Labor Relations Board’s Office of General Counsel…more

Employment Policies, Hiring & Firing, NLRA, Political Campaigns, Section 7

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The CH Trade Secrets Review: California’s New Noncompete Laws of 2024

A review of significant developments, cases, and verdicts throughout the United States in trade secrets law - The legal landscape in 2023 continued a sea change in the arena of noncompete law, at both federal and state levels…more

California, Employer Responsibilities, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Greenwashing Litigation: Reduce the Risk of Getting Stuck in the Weeds

In recent years, American consumers have demonstrated a focus on how their consumption habits impact the environment. According to McKinsey & Company, “more than half of US consumers are … highly concerned about the…more

Class Action, Corporate Social Responsibility, Environmental Social & Governance (ESG), False Advertising, Federal Trade Commission (FTC)

See all updates »

Getting Comfortable with Lender Comfort Letters

As the global real estate economy continues its recovery from the severe economic recession nearly a decade ago, hotel and hospitality real estate transactions have been robust as of late. According to the "Hotel investment…more

Acquisitions, Franchise Agreements, Lenders, Liquidated Damages, Real Estate Market

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FERC Advancing New Reliability Requirements for Renewables

The Federal Energy Regulatory Commission (FERC) recently issued two orders designed to address electric grid reliability implications raised by the dramatic growth in solar and wind projects. Renewable project owners and…more

Electricity, Energy Sector, FERC, NERC

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New Antidumping and Countervailing Duty Petitions Filed on Imports of Frozen Warmwater Shrimp from Ecuador, India, Indonesia, and Vietnam

Two new U.S. antidumping (“AD”) petitions were filed on Oct. 25 by the American Shrimp Processors Association (“ASPA” or “Petitioner”) against imports of frozen warmwater shrimp from Ecuador and Indonesia. Petitioner also filed…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), U.S. Commerce Department

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Q2 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Intoxicating Hemp Derivatives Market: By Robert Hoban - All of the hemp plant’s uses and contrivances…more

Cannabidiol (CBD) oil, Cannabis Products, Hemp, Marijuana, Marijuana Related Businesses

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Cyberthreats and K-12: EdTech Third Party Risk Management Checklist

K-12 school districts across the country continue to be targeted by threat actors looking to steal sensitive personal information. Examples of this can be seen in the recent incidents affecting the Pearland Independent School…more

Cyber Threats, Cybersecurity, Data Protection, Data Security, Educational Institutions

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[Webinar] How Will The Supreme Court's Affirmative Action Ruling Affect Workplace DEI Programs? - September 21st, 9:00 am PT

This webinar will examine what the Supreme Court held in its ruling on universities’ affirmative action plans, the controversy surrounding how the Supreme Court’s ruling affects employer’s diversity, equity and inclusion (DEI)…more

Affirmative Action, Diversity, Employer Liability Issues, Hiring & Firing, Human Resources Professionals

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Texas Comptroller Offers Short-Term Sales Tax Compliance Assistance for Businesses Impacted by COVID-19

States and localities across the nation continue to issue guidance to try to accommodate and alleviate the strain on businesses during the COVID-19 crisis, and Texas is no exception. The Texas Comptroller of Public Accounts…more

Comptroller, Coronavirus/COVID-19, Relief Measures, Sales Tax, State Taxes

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New OSHA Reporting Rule

The Occupational Safety and Health Administration's (OSHA) new rule to Improve Tracking of Workplace Injuries and Illnesses takes effect in two phases on August 10, 2016 and January 1, 2017. Beginning August 10, 2016, the rule…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, OSHA, Reporting Requirements

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The Attack on Employment Noncompetes: The Status of Federal Initiatives

Historically, enforcement of noncompete agreements has been a subject of state law, not federal law. States have taken many different approaches to the agreements. A few states have enacted laws that ban the enforcement of…more

Competition, Department of Justice (DOJ), Employment Contract, Federal Trade Commission (FTC), Government Agencies

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EPA Releases Final Rule on Vehicle Emission Limits for 2027 and Later

On March 20, the U.S. Environmental Protection Agency (“EPA”) released its final rule on Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles (the “Final Rule”). The Final Rule…more

Automotive Industry, Carbon Emissions, Electric Vehicles, Environmental Policies, Environmental Protection Agency (EPA)

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Will Tax Reform’s Elimination of Advance Refundings Usher in a New Era of Municipal Derivatives?

With the termination of tax-exempt advance refunding bonds squarely in the crosshairs of the tax reform measures making their way through both houses of Congress, the municipal market needs to consider the impact of the loss of…more

Bonds, Infrastructure, Municipal Bonds, Proposed Legislation, State and Local Government

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Exercise Caution in Corporate Transparency Act Compliance Matters

Threat actors never miss an opportunity to use recent events to infect computer systems or quickly and easily gather personal information. The Corporate Transparency Act (“CTA”) is just such an opportunity and businesses and…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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OSHA and COVID-19: Applicable Regulations and Compliance Issues

COVID-19 presents unique challenges for employers to remain compliant with applicable OSHA standards and regulations while continuing to operate their businesses during this pandemic. Although no specific OSHA provision directly…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, OSHA, Public Health

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Cannabis and the Environment: Seven Significant Side-Effects

Cannabis cultivation and processing are rapidly-growing industries, as hemp and both recreational and medical marijuana products are being legalized across the country. With this rapid growth and legalization, however, comes…more

Air Quality Standards, Cannabis Products, Critical Habitat, Electricity, Environmental Protection Agency (EPA)

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2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Fourth Circuit Clarifies Contours of Laws Applicable to Tax-Exempt Entities

The “hook” of many federal anti-discrimination measures, including Title VI, Title IX, Section 504 of the Rehabilitation Act, and Section 303 of the Age Discrimination Act, is “receiving Federal financial assistance.” However,…more

Anti-Discrimination Policies, Educational Institutions, Federal Funding, Internal Revenue Code (IRC), Private Schools

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Electronically Signed Arbitration Agreements May Be Unenforceable

What happens when an employee signs an arbitration agreement using their mobile device and later claims they did not knowingly sign the arbitration agreement because they were not previously told about it? Well, according to the…more

Arbitration, Arbitration Agreements, E-Signatures, Mobile Devices

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Insight on Illinois - March 2021 #1

The first three months of this new year have shown 2021 to be quite a year of change. Of course, President Biden has assumed the helm in Washington and is filling out his cabinet posts. The pace of change in Springfield has been…more

City of Chicago, Coronavirus/COVID-19, Illinois, Public Schools, Re-Opening Guidelines

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Maritime and Reinsurance Law and the Baltimore Bridge Collapse

In the early morning of March 26, the Singapore-registered container ship MV Dali, after losing power, collided with a main pier of the Francis Scott Key Bridge that spans the Patapsco River and the outer Baltimore Port in…more

Boating Accidents, Bridges, Business Interruption, Insurance Industry, Liability

See all updates »

Governor Issues Directives Regarding Open Meetings Act

On Friday, March 13, Governor Gretchen Whitmer issued an executive directive (the “Directive”) related to Michigan’s Open Meetings Act (“OMA”), MCL 15.261 et seq. The Directive, No. 2020-2, sets forth three specific directives…more

Coronavirus/COVID-19, Governor Whitmer, Infectious Diseases, Open Meetings Act, Public Meetings

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Michigan Department of Health and Human Services Updates Order Regarding Gatherings - Specifically Requires Masks

On October 29, 2020, the Michigan Department of Health and Human Services (“MDHHS”) revised its prior order related to gatherings. The prior order was issued on October 9, 2020, and set to expire on October 30, 2020…more

Coronavirus/COVID-19, Educational Institutions, Health and Safety, Masks, Public Gatherings

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Union Commits Unfair Labor Practice When It Demands Arbitration Over A Prohibited Subject of Bargaining

In an unpublished opinion, Michigan Education Association v Vassar Public Schools, No. 337899, May 22, 2018, the Michigan Court of Appeals affirmed the Michigan Employment Relations Commission’s (MERC) decision granting summary…more

Arbitration, Collective Bargaining Agreements (CBA), Employer Liability Issues, Unfair Labor Practices, Unions

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Comparison of Recent Illinois, Cook County, and Chicago Paid Leave Laws

In 2023, the State of Illinois, Cook County, and the City of Chicago each passed laws requiring employers to provide paid leave to their employees to use for any reason. While the intent behind the three new laws was the same,…more

Illinois, Local Ordinance, Paid Leave, Paid Time Off (PTO), Sick Leave

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Healthcare Organizations and Practitioners Receive New Protection Against Frivolous Whistleblower Lawsuits

Last Friday, the U.S. Supreme Court (SCOTUS) handed down an important ruling that will give healthcare organizations and practitioners relief against meritless whistleblower lawsuits. The ruling could result in saving…more

Civil Liability, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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[Webinar] Practical Advice on the SEC Rule: Cybersecurity Incidents and Risk Management Disclosures - January 25th, 10:00 am PT

Are you prepared for the new SEC Rule on Cybersecurity Incident and Risk Management Disclosures? Don't let your business get caught off guard! This webinar will cover important points about the rule and how to effectively manage…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Disclosure Requirements

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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