Downs Rachlin Martin PLLC

Contact
Share
Info
199 Main Street
PO Box 190
Burlington, Vermont 05402-0190, United States
Phone: 802-863-2375
Fax: 802-862-7512
Areas Of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • New Hampshire
  • Vermont
Number of Attorneys
51-99 Attorneys

Vermont Legislature Proposes New Consumer Privacy Legislation

Since 2020, in the wake of the General Data Protection Regulation (GDPR) established in the EU, there has been a growing wave of U.S. states enacting omnibus laws governing the privacy of personal information (i.e., information…more

Legislative Agendas, Legislative Committees, Regulatory Agenda, State and Local Government, State Budgets

See all updates »

Lenders Must Follow Their Own Security Agreements Covering Non-Borrower Collateral or Lose the Collateral

The Vermont Supreme Court has traditionally had very little sympathy for banks and financial institutions who do not follow their own lending agreements to the letter, and then ask for court relief when they end up in litigation…more

Borrowers, Commercial Loans, Financial Institutions, Lending, VT Supreme Court

See all updates »

US DOL Issues Guidance on FFCRA, FLSA, and FMLA as Businesses Reopen

On July 20, 2020, the U.S. Department of Labor published additional guidance on how the Families First Coronavirus Response Act (“FFCRA”), the Fair Labor Standards Act (“FLSA”), and the Family and Medical Leave Act (“FMLA”) may…more

Compensation, Coronavirus/COVID-19, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA)

See all updates »

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

Expanding the “Accredited Investor” Definition

SEC expands definition of "accredited investor", granting startups and growing companies easier access to capital - The United States Securities and Exchange Commission (the “Commission”) adopted a new rule on August 26,…more

Accredited Investors, Capital Raising, Emerging Growth Companies, Final Rules, Financial Industry Regulatory Authority (FINRA)

See all updates »

COVID-19 is No Excuse for Missing Court Deadlines

COVID-19 has slowed down many pending court cases, with trial dates being pushed out indefinitely as the pandemic worsens. Despite these slowdowns, the Vermont Supreme Court recently made clear that court deadlines remain in…more

Coronavirus/COVID-19, Dismissals, Failure To Respond, Filing Deadlines, Governor Scott

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

Volkswagen Class Action Update

Proposed settlement filed in Volkswagen class action - The class plaintiffs, the government and VW filed a proposed settlement agreement in court yesterday. I wanted to provide you with a copy of the proposed settlement…more

Automotive Industry, Buyback Programs, Carbon Emissions, Class Action, Environmental Protection Agency (EPA)

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

Captive Insurance Alert - May 2020

The Vermont Department of Financial Regulation Offers Guidance for Risk Retention Groups Subject to Information Requests from Non-Domiciliary Regulators. On May 19, 2020, the Vermont Department of Financial Regulation (the…more

Business Interruption, Captive Insurance Company, Information Requests, NAIC, Risk Retention

See all updates »

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

See all updates »

AFP: $80 Billion to Audit Businesses and Wealthy in Biden Plan

On April 28, 2021, President Biden presented the “American Families Plan” (AFP), an ambitious spending program focused on providing family leave, child care and nutrition, health care, preschool and college education to millions…more

Audits, Biden Administration, Corporate Taxes, High Net-Worth, Income Taxes

See all updates »

Vermont: Overview of the Data Broker Act

The Act Relating to Data Brokers and Consumer Protection (No. 171, 2018) (‘the Data Broker Act’), located at §§2430-31, 2447, and 2466 of Title 9 of the Vermont Statutes Annotated, went into full effect on 1 January 2019. The…more

Consumer Privacy Rights, Cybersecurity, Data Brokers, Data Collection, Data Privacy

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

Coronavirus (COVID-19) Legal Resources for Business (UPDATED)

April 3, 2020:  SBA Issued Interim Final Rule On Thursday, April 2 To Facilitate The Implementation Of The Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Federal Loans

See all updates »

Effective Ways to Protect Your Intellectual Property

Much like invention patents (called “utility patents” in the U.S.), utility models provide exclusive rights that can be enforced to prevent competitors from copying your company’s innovations…more

Intellectual Property Protection, Inventions, IP Portfolio, Patents, Utility Model

See all updates »

IRS Reaffirms Non-Deductibility of Forgiven PPP Loan Expenses and Affords New Tax Filing Safe Harbor Rules

In May, the IRS issued Notice 2020-32, providing that a taxpayer that receives a loan through the Paycheck Protection Program (“PPP”) is not permitted to deduct expenses that are normally deductible under the Code to the extent…more

CARES Act, IRS, Loan Forgiveness, Paycheck Protection Program (PPP), Revenue Procedures

See all updates »

Premises Liability: Vermont Supreme Court Affirms That Landowner Is Not Responsible for Death of Lessee’s Guest

The Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant. Here’s the decision and a very brief…more

Bodily Injury, Commercial Tenants, Landlords, Negligence, Premises Liability

See all updates »

VT Supreme Court Upholds PSB Approval of Bennington Tower

On November 19, 2015, the Vermont Supreme Court decided in favor of VTel Wireless, Inc. and upheld the Public Service Board’s approval of a telecommunications tower in Bennington, Vermont. This decision marks only the second…more

Aesthetic Functionality, Cell Towers, Telecommunications, VT Supreme Court, Wireless Industry

See all updates »

When should you contact a patent attorney?

Short answer: As soon as you decide you are serious about trying to protect a new idea. Seriously. If you really don’t know much or anything about patents and patenting inventions, there are a few very basic things that would…more

Intellectual Property Protection, Patent Infringement, Patents, Risk Management

See all updates »

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

See all updates »

So You Think You Can Use Your Trademark Outside the US?

Trademarks are among the most valuable assets owned by companies that focus on individual consumers — from breweries to start-up app developers. Trademarks protect brands and can be found in the form of words (COCA COLA),…more

Brand, Canada, China, Corporate Branding, Intellectual Property Protection

See all updates »

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

See all updates »

Corporate Transparency Act - New Federal Reporting Requirement For Entities

Background - In January 2021, the United States Congress passed the Corporate Transparency Act (CTA) as part of the Anti-Money Laundering Act of 2020. This law, while intended to prevent criminal actors from hiding and…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Employer Identification Number (EIN), Exemptions

See all updates »

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

See all updates »

Vision and Vestibular Deficits Predict Prolonged Recovery From Concussion

A recent systemic review of the literature, just published in the Journal of Athletic Training, 2024; 59(1): 49-64, concludes that “vestibular and oculomotor screening are prognostic of time to recovery” from concussion…more

Bodily Injury, Life Sciences, Medical Research, Traumatic Brain Injuries

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

See all updates »

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

See all updates »

News from the Vermont State House - An Analysis from DRM’s Government & Public Affairs Team - January 2017 #2

Treasurer Will Build Public Pension Plan for Small Business - State Treasurer Beth Pearce on Wednesday asked the Senate Economic Development, Housing and General Affairs Committee to create the framework for a retirement…more

Apprenticeships, Baby Boomers, Caregivers, Chemicals, Contamination

See all updates »

Jury Trials During the Pandemic: Unvaccinated Jurors May Be Excluded For Cause

Courts across the country are temporarily suspending jury trials amid the Omicron variant wave. Prior to that surge, many jurisdictions had resumed criminal and civil jury trials with health and safety protocols. …more

Coronavirus/COVID-19, Court Closures, Court Schedules, Jury Duty, Jury Trial

See all updates »

Means Plus Function – Williamson Removed The “Heavy” Presumption But Dyfan And VDPP Pack Some of the Pounds Back On

When a claim term is construed as a means plus function limitation, the recited “means” is limited to only the specific structures disclosed in the specification for performing the recited function, and a limited range of…more

Claim Limitations, Expert Testimony, Intellectual Property Protection, Means-Plus-Function, Patent Applications

See all updates »

Trademark Scams On The Rise

Those were the first words I heard when my client called me the other day. Moments later, I joined a call with my client and a very convincing “representative” of the U.S. Patent and Trademark Office (“USPTO”) seeking money…more

Scams, Trademarks, USPTO

See all updates »

Coronavirus (COVID-19) Legal Resources for Business (UPDATED)

April 3, 2020:  SBA Issued Interim Final Rule On Thursday, April 2 To Facilitate The Implementation Of The Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Federal Loans

See all updates »

Corporate Transparency Act - New Federal Reporting Requirement For Entities

Background - In January 2021, the United States Congress passed the Corporate Transparency Act (CTA) as part of the Anti-Money Laundering Act of 2020. This law, while intended to prevent criminal actors from hiding and…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Employer Identification Number (EIN), Exemptions

See all updates »

How do you Create a Condominium or Planned Community in Vermont?

In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities.  As we explained, condominiums and planned communities are types of common interest communities,…more

Community Associations, Condominium Associations, Condominiums, Homeowners Association (HOA), Planned Communities

See all updates »

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

How do you Create a Condominium or Planned Community in Vermont?

In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities.  As we explained, condominiums and planned communities are types of common interest communities,…more

Community Associations, Condominium Associations, Condominiums, Homeowners Association (HOA), Planned Communities

See all updates »

New OSHA Guidance on Protecting Worker Health

President Biden recently signed the Executive Order on Protecting Worker Health and Safety, which can be found here. This Executive Order emphasizes the Biden administration’s commitment to ensuring safe workplaces for employees…more

Biden Administration, Coronavirus/COVID-19, Executive Orders, Families First Coronavirus Response Act (FFCRA), Health and Safety

See all updates »

Governor Scott and Tripartisan Group of Legislators Submit Ambitious Housing Bill

On January 10, Governor Scott and a tripartisan group of legislators presented H. 719, dubbed the BeHOME Act.  This bill may constitute the most ambitious reform effort to date to address Vermont’s inadequate housing supply…more

Affordable Housing, Appropriation, General Assembly, Infrastructure, Jurisdiction

See all updates »

Remote Work Accommodations in the Post-COVID Era

As more businesses return to the office in 2022, and the workplace slowly settles into a post-pandemic equilibrium, many employers are grappling with how remote work should fit into their workplaces in the post-COVID era. While…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Reasonable Accommodation, Religious Accommodation

See all updates »

Coronavirus (COVID-19) Legal Resources for Business (Updated)

RECENT DEVELOPMENTS - October 20, 2020: Vermont’s Governor Phil Scott announced a new round of economic recovery grants for Vermont businesses, to be administered by the Vermont Agency of Commerce and Community Development…more

Business Closures, Coronavirus/COVID-19, Financial Distress, Governor Scott, Relief Measures

See all updates »

The SECURE Act Changes How Beneficiaries Inherit Retirement Accounts

On December 20, 2019 the “Further Consolidated Appropriations Act, 2020” became law. As part of the Act and in part to pay for the over 1.7 trillion in spending that the Act contemplates, Section “O” sets forth the Setting Every…more

Beneficiaries, Beneficiary Designations, Distribution Rules, Employee Benefits, Retirement Plan

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer…more

Australian Patent Office, Canadian Intellectual Property Office (CIPO), Coronavirus/COVID-19, Court Schedules, European Patent Office

See all updates »

Top 10 Reasons Why Remote Work Can Be Complicated

While there are many benefits to working from home, there are also a number of important things to remember when you have remote employees or if you are trying to implement a hybrid work solution.  We thought this list would be…more

Child Care, Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Human Resources Professionals

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

Captive Insurance Update | Spring Edition | 2023

Developments in Vermont 2023 - Captive Legislation - On May 8, 2023, Governor Phil Scott signed Vermont’s annual captive “housekeeping” bill into law. The 2023 legislation includes the following notable provisions..…more

Captive Insurance Company, Governance Standards, Insurance Industry, IRS, New Legislation

See all updates »

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

See all updates »

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

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

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

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

JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide