Genova Burns LLC

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494 Broad Street
Newark, New Jersey 07102, United States
Phone: 973.533.0777
Fax: 973.814.4045
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Science, Computers, & Tech
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
51-99 Attorneys

Bill Enhancing 401(k) and IRA Savings Program Opportunities Sails through House

On May 23, 2019 the House of Representatives passed the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE”). SECURE passed the House with strong bipartisan support on a 417-3 vote…more

401k, Distribution Rules, Individual Retirement Account (IRA), Pending Legislation, Required Minimum Distributions

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New York State Expands Workplace Harassment Protections (Again)

Several states are expanding employee workplace discrimination and harassment protections amidst the tightening grip of the #MeToo and Times Up Movements, and New York State has now taken the lead. In 2018, New York passed…more

#MeToo, Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies

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New Jersey District Court Rules Insurance Agents Appropriately Classified as Independent Contractors

In a state where the independent contractor model is under attack and squarely in the crosshairs of multiple enforcement agencies, a New Jersey federal court refused to allow independent insurance agents to convert their…more

ABC Test, Employee Definition, Employer Liability Issues, Employment Litigation, Independent Contractors

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Secure Act Insecurities

On December 20, 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act (the“Act”) was signed into law drastically altering the administration of certain retirement plans such as IRAs and 401Ks. Although…more

401k, Beneficiaries, Charitable Remainder Trust, Employee Benefits, Individual Retirement Account (IRA)

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N.J. Supreme Court Sends Auto Dealer Disputes to Arbitration

On Wednesday, June 5, the New Jersey Supreme Court ruled in favor of enforcing arbitration agreements in car purchase agreements. The case, Goffe v. Foulke Mgmt. Corp., reverses the New Jersey Court’s recent trend of setting…more

Arbitration, Arbitration Agreements, Breach of Contract, Car Dealerships, Consumer Fraud

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Coronavirus (COVID-19) Preparedness & Response Act Affords Small Businesses Financial Relief

The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (the “Act”), which was signed into law by the President on March 6, 2020, provides $8.3 billion in emergency funding for federal agencies to respond…more

Appropriations Bill, Coronavirus/COVID-19, Emergency Response, New Legislation, Relief Measures

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Federal Court in Manhattan Vacates Key Part of USDOL’S Final Rule on Joint Employer Status

On September 8, 2020 U.S. District Court Judge Gregory H. Woods in Manhattan granted partial summary judgment to 17 states and the District of Columbia striking down a major part of the Department of Labor’s Final Rule on…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Joint Employers, Minimum Wage

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NLRB Places NDAs and Non-Disparagement Agreements with Rank and File Employees in its Cross-Hairs

On February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the NLRB made a broadside attack on precedent and confidentiality and non-disparagement provisions in severance agreements signed by rank and file employees. This…more

Confidentiality Agreements, Contract Terms, Hiring & Firing, NLRA, NLRB

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#MeToo and its Effect on Sexual Harassment Agreements

Following the passage of similar laws in New York and California, a bill in the New Jersey State Legislature which bars nondisclosure clauses in workplace harassment settlement agreements is on Governor Murphy’s desk, with the…more

#MeToo, Arbitration, Discrimination, Employer Liability Issues, Employment Contract

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Is That Even Discrimination? New Jersey District Court Reiterates That Disabled Employees are not Immune to the Effects of Negative Job Performance

On April 13, 2020, the District Court for the District of New Jersey granted the employer’s Motion for Summary Judgment and dismissed an employee’s claim of disability discrimination in the matter of Rooney v. NVR Inc. In…more

Disability Discrimination, Employment Litigation, Poor Job Performance, Summary Judgment

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New Jersey Appellate Division Says Farewell to Courier New in Court Rule Updates

​​​​​​​On August 5, 2022, the Supreme Court of New Jersey released amendments to the Court Rules governing practice in New Jersey’s state courts, which will take effect on September 1, 2022. We highlight two of the main changes…more

Amended Rules, Appellate Briefs, Business Court Division, Commercial Litigation, NJ Supreme Court

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New York State Courts: Update on COVID-19 Impact

The State of New York has issued multiple Executive Orders and Administrative Orders impacting the operations of state courts during the COVID-19 outbreak. Executive Order 202.8 - As part of his continuing efforts to…more

Administrative Priority, Coronavirus/COVID-19, Executive Orders, Governor Cuomo, Relief Measures

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KFC Counted Its Chickens Before Complying with NY City’s Fair Workweek Scheduling Law and Pays $80,000 in Restitution

On November 19, the New York City Department of Consumer Affairs (“DCA”) announced a settlement with an operator of 30 Kentucky Fried Chicken restaurants across the City for violations of the NYC Fair Workweek Scheduling Law. A…more

Employer Liability Issues, Fair Workweek, Kentucky Fried Chicken, Restitution, Wage and Hour

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Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook Posts

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to…more

Appeals, At-Will Employment, Black Lives Matter, Dismissals, Employment Litigation

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NJDOL Report Forecasts Aggressive Enforcement Action On Independent Contractor Misclassification

The New Jersey Department of Labor and Workforce Development earlier this month released the report of the Governor’s Task Force on Employee Misclassification. The Governor’s Task Force was assembled over one year ago to make…more

Employer Liability Issues, Enforcement, Federal Agency Taskforce, Independent Contractors, Misclassification

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Deal Hashed Out For Legal Cannabis in the Empire State

New York appears to be on deck as the next state to join the list of cannabis-friendly environments in which these businesses might have a chance to thrive. The deal recently struck between Gov. Andrew M. Cuomo and lawmakers in…more

Decriminalization of Marijuana, Governor Cuomo, Legislative Agendas, Marijuana, Marijuana Related Businesses

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NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims

On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish that…more

Adverse Employment Action, Appeals, Disability, Disability Benefits, Disability Discrimination

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Third Circuit Finds ADT Consumer Class Action Correctly Returned to State Court

The Third Circuit upheld a decision to remand a class action to state court, agreeing that one of the defendants could not be disregarded as a “nominal party” even though it had transferred all of its contracts, assets, debts,…more

Appeals, CAFA, Class Action, Jurisdiction, Remand

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COVID-19: Land Use Board Virtual Meeting Guidelines Issued

The New Jersey Division of Local Government Services (the “Division”) provided operational guidance this week, encouraging municipal Planning Boards and Zoning Boards of Adjustment to engage in telephonic and/or virtual public…more

Board Meetings, City Planning Departments, Coronavirus/COVID-19, County Planning Commissions, Governor Murphy

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USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee under…more

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

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What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)…more

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

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Police Discipline Record Release: Upheld but Temporarily Stayed

The Superior Court of New Jersey, Appellate Division recently issued a unanimous decision upholding Directive 2020-5 and Directive 2020-6 amending the New Jersey Attorney General’s Internal Affairs Policy & Procedures (“IAPP”),…more

Appeals, Discipline, Government Investigations, Internal Investigations, Law Enforcement

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Third Circuit Permits Terminated Employee to Present Broad Comparisons to Others

The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized…more

Age Discrimination, Appeals, Disparate Treatment, Employee Evaluations, Employer Liability Issues

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Ending Forced Arbitration of Sexual Harassment, Not Discrimination

Arbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute privately,…more

Amended Legislation, Arbitration, Contract Terms, CVS, Employer Liability Issues

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The New Jersey Elections Transparency Act is Here to Stay: What you need to know right now about NJ’s newest campaign-finance (and pay-to-play) law

Governor Murphy signed the Elections Transparency Act (the “ETA”) into law today. The ETA marks the first major and sweeping changes to New Jersey’s campaign-finance and pay-to-play laws in almost two decades (when statewide…more

Campaign Contributions, Campaign Finance Reform, Federal Contractors, Governor Murphy, Nonprofits

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You Can Say What?! New Jersey District Court Rejects Claims of Hostile Work Environment

On July 29, 2023, the United States District Court for the District of New Jersey in Tavares v. Builders FirstSource Northeast Group, Inc., granted Defendant’s Motion for Summary Judgment most notably finding that racist and…more

Defense Strategies, Dismissals, Employer Liability Issues, Employment Litigation, Harassment

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Shop Smart, Shop Savvy, SHOP SAFE

In light of the circumstances created by the coronavirus (COVID-19) outbreak and resulting mall and retail closures, Americans have been left with no choice but to resort to online shopping. Even as businesses begin to re-open,…more

Coronavirus/COVID-19, Counterfeit Goods Regulation, E-Commerce, Internet Retailers, Manufacturers

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Activity in the Legislature Addressing Inactive Licenses and Other Reform

On January 16, 2024, Governor Murphy signed S4265/A5912 into law, reforming New Jersey’s long-standing liquor license practices. The law was enacted to provide open opportunities for new development in communities, in the hope…more

Alcohol Beverage Control, Breweries, Distilleries, Governor Murphy, Liquor Licences

See all updates »

New Disclosure Requirements Service Brokers and Consultants of Group Health Plans

Buried in the Consolidated Appropriations Act of 2021 (the “Act”), which is most known for its $2.3 trillion spending bill that combines $900 billion in stimulus relief for the COVID-19 pandemic, are important new rules…more

Brokers, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Employee Benefits

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How to Comply with ERISA’s Prohibited Transactions Requirements For Group Benefit Plans

The Employee Retirement Income Security Act of 1974 (“ERISA”), the principal federal law which regulates the benefit plans marketed to employers in this country, imposes specific requirements on most employer-sponsored “welfare…more

Benefit Plan Sponsors, Church Plans, Churches, Disability Insurance, Employee Retirement Income Security Act (ERISA)

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COVID-19: No Evictions During Emergency

In light of the impacts from COVID-19 and the uncertainty related to its effect on business, we have seen the region quickly adjust to a new business reality. Both private industry and government have signaled they will work…more

Coronavirus/COVID-19, Emergency Response, Eviction, Executive Orders, Foreclosure

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New York City Salary Transparency Law Effective November 1, 2022

​​​​​​​As we previously notified our readers, a significant change is here for job posting in New York City. As of November 1, 2022, employers advertising a “job, promotion or transfer opportunity” in the 5 Boroughs of New…more

Compensation & Benefits, Disclosure Requirements, Employee Benefits, Job Ads, NYCCHR

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Important Changes to the New Jersey ELEC Pay-to-Play Annual Disclosure

New Jersey has long had a requirement for business entities that hold government contracts to file a Business Entity Annual Statement (“Form BE”). The Form BE, normally due on March 30 of each year, will be due on April 1, 2024…more

Form BE, Pay-To-Play, Political Contributions, State and Local Government, State Elections

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New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial and Residential)

Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. …more

Commercial Leases, Commercial Property Owners, Contract Terms, Disclosure Requirements, FEMA

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H-1B Lottery Process Begins On March 6th

On Wednesday, March 6, 2024, USCIS will open its H-1B cap registration process for fiscal year 2025, informally known as the H-1B Lottery. Since 2020, USCIS has implemented an electronic registration system that requires the…more

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

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Heads Up To Group Health Plans: December 31 Gag Clause Attestation Deadline Approaches

The Consolidated Appropriations Act of 2021 prohibits group health plans from agreeing to avoid making certain disclosures of provider-specific cost or quality-of-care information. This is referred to as the gag clause…more

Attestation Requirements, Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Disclosure Requirements, Employee Retirement Income Security Act (ERISA)

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Paycheck Protection Program - Necessity Questionnaire

The Small Business Administration ("SBA") has announced, via the Paycheck Protection Program FAQs, that it has discontinued use of the Loan Necessity Questionnaire, citing delays caused by loan necessity reviews. These do not…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Relief Measures

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New Jersey Supreme Court Adopts Significant Amendments to Court Rules

The New Jersey Supreme Court has adopted several amendments to the Court Rules, effective September 1, 2016. Below is a summary of the most significant Rule changes, including those relating to discovery of electronically stored…more

Discrimination, Electronically Stored Information, Local Rules, Metadata, Subpoenas

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Can Money Buy Happiness? New York Seeks to Retain Health Care Workers Through its New Bonus Initiative

​​​​​​​Last month, New York Governor Kathy Hochul announced the launch of the Health Care and Mental Hygiene Worker Bonus (HWB) Program, an initiative to increase New York’s health care workforce by 20% over the next five years…more

Bonuses, Employee Retention, Health Care Providers, Healthcare Workers, Medicaid

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U.S. Supreme Court’s Epic Decision Validates Class Action Waivers

On May 21 the U.S. Supreme Court resolved the question whether the National Labor Relations Act prevents an employer from enforcing an employee’s contractual waiver of the right to sue the employer on a class or collective…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Epic Systems Corp v Lewis, Ernst & Young v Morris

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Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision…more

CEPA, Employment Litigation, Health Insurance Portability and Accountability Act (HIPAA), Hiring & Firing, Hostile Environment

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Changes to New Jersey’s Vote-By-Mail Law

New Jersey recently amended its vote-by-mail law to expand voter access and increase election turnout. The new law automatically registers everyone that voted by mail in the November 2016 election to receive a vote-by-mail…more

Absentee Voting, Pending Legislation, Right to Vote, Voter Registration

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Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts Targeting Starbucks

The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are…more

Administrative Procedure, Biden Administration, Certiorari, Employer Liability Issues, Injunctive Relief

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NJ District Court Awards Rule 11 Sanctions in Favor of Employer for Frivolous Suit

On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second Amended…more

Amended Complaints, Dismissal With Prejudice, Employment Litigation, Frivolous Lawsuits, NJLAD

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NJEDA Opens Application Process for Studio Partner and Film-Lease Partner Incentives

​​​​​​​New Jersey’s commitment to growing the Garden State’s film industry continues to develop. While New Jersey tax credits have already been awarded under the New Jersey Film and Digital Media Tax Credit Program, recent…more

Economic Development, Film Industry, Partnerships, Tax Credits, Tax Incentives

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Biden Administration Issues Executive Order and OSHA Guidance To Address COVID-19 Workplace Challenges Within First 10 Days

On January 21, 2021, President Joseph R. Biden, Jr.’s second day in office, he issued “Executive Order On Protecting Worker Health and Safety,” which directed the Department of Labor (“DOL”) and Occupational Health and Safety…more

Biden Administration, Coronavirus/COVID-19, Department of Labor (DOL), Employer Responsibilities, Executive Orders

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New York State Department of Labor Updates its Mandatory Sexual Harassment Policy Requirements

As New York State employers are well aware, effective October 9, 2018, New York State Labor Law Section 201-g requires that employers adopt a sexual harassment policy and provide annual employee sexual harassment training…more

Employee Training, Employer Liability Issues, Employment Policies, NYCHRL, Sexual Harassment

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H-1B Lottery Process Begins On March 6th

On Wednesday, March 6, 2024, USCIS will open its H-1B cap registration process for fiscal year 2025, informally known as the H-1B Lottery. Since 2020, USCIS has implemented an electronic registration system that requires the…more

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

See all updates »

To Screen or Not to Screen? Amazon Must Face NJ Wage Class Action for Workers’ Post-Shift Screening

On June 29, 2020, the U.S. District Court for the District of New Jersey ruled that Amazon must face a proposed class action alleging violations of New Jersey Wage and Hour Law (NJWHL), which seeks compensation for time spent…more

Amazon, Class Action, Employer Liability Issues, Fair Labor Standards Act (FLSA), Rest and Meal Break

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Third Circuit Confirms ABC Test Applies in Wage Theft Case

​​​​​​​In a recent decision in Bailey v. Millennium Group of Delaware et al, the U.S. Court of Appeals for the Third Circuit confirmed that the ABC Test – long used by the New Jersey Department of Labor – sets forth the proper…more

ABC Test, Employer Liability Issues, Employment Litigation, Independent Contractors, Misclassification

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The ABC's of CBD Regulation

“Isn’t hemp the same thing as cannabis (marijuana)?” The difference between cannabis and hemp stem from their most widely studied and commonly known chemical compounds: tetrahydrocannabinol (“THC”) and cannabidiol (“CBD”)…more

Cannabidiol (CBD) oil, Controlled Substances Act, Dietary Supplements, Farm Bill, Federal Food Drug and Cosmetic Act (FFDCA)

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New Disclosure Requirements Service Brokers and Consultants of Group Health Plans

Buried in the Consolidated Appropriations Act of 2021 (the “Act”), which is most known for its $2.3 trillion spending bill that combines $900 billion in stimulus relief for the COVID-19 pandemic, are important new rules…more

Brokers, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Employee Benefits

See all updates »

What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)…more

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

See all updates »

Deal Hashed Out For Legal Cannabis in the Empire State

New York appears to be on deck as the next state to join the list of cannabis-friendly environments in which these businesses might have a chance to thrive. The deal recently struck between Gov. Andrew M. Cuomo and lawmakers in…more

Decriminalization of Marijuana, Governor Cuomo, Legislative Agendas, Marijuana, Marijuana Related Businesses

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With Great Caution and Deference New Jersey Courts Leave Decisions Resulting From Internal Grievance Proceedings of Universities Undisturbed

On February 16, 2024, in a published decision in Chee Ng, PH.D., v. Fairleigh Dickinson University, the New Jersey Appellate Division granted summary judgment in favor of the University against a former tenured professor who…more

Colleges, Corrective Actions, Employment Litigation, Employment Policies, Former Employee

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New Jersey Domestic Workers Gain Added Protections

On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers. Domestic workers were…more

Domestic Workers, NJLAD, State Labor Departments, State Labor Laws, Wage and Hour

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COVID-19 Update: CARES Act Tax Implications for Individuals

Many may be wondering about some of the recent tax changes meant to help everyone coping with the economic fallout from the COIVD-19 pandemic. There are important tax-related provisions for individuals in the Coronavirus Aid,…more

Coronavirus/COVID-19, Estate Planning, Relief Measures, Tax Relief

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Important Reporting Update for all LLC Owners - Corporate Transparency Act Goes into Effect January 1, 2024

One of the main reasons that clients choose to form a limited liability company (LLC) is to protect themselves and their assets from the debts and liabilities that come with owning a business. Forming an LLC means that only the…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC), Reporting Requirements

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ELEC Lobbying Deadlines Approach

On Monday, February 16, 2015, businesses, non-profits and special interest groups that paid more than $2,500 in 2014 to make lobbying communications to New Jersey State government officials, directly or indirectly (i.e…more

Annual Reports, Corporate Gifts, Disclosure Requirements, ELEC, Lobbying

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End of the Year Gifting May Be Particularly Important this Year

With the end of the year quickly approaching and the 2020 election largely behind us, it is a good time to revisit important estate planning strategies to protect and preserve your wealth for future generations. At $11,580,000…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, IRS

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New Jersey Supreme Court Rules Mis-Labeled Arbitration Provision in Consumer Contract Unenforceable

A day after the U.S. Supreme Court issued a decision seen as pro-arbitration – see our January 10, 2019 Blog Post, Arbitrator to Decide Whether Dispute is Subject to Arbitration Even if Argument is “Wholly Groundless,” Supreme…more

Arbitration, Consumer Contracts, Contract Terms, Mandatory Arbitration Clauses, NJ Supreme Court

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The New Jersey Elections Transparency Act is Here to Stay: What you need to know right now about NJ’s newest campaign-finance (and pay-to-play) law

Governor Murphy signed the Elections Transparency Act (the “ETA”) into law today. The ETA marks the first major and sweeping changes to New Jersey’s campaign-finance and pay-to-play laws in almost two decades (when statewide…more

Campaign Contributions, Campaign Finance Reform, Federal Contractors, Governor Murphy, Nonprofits

See all updates »

Paycheck Protection Program - Necessity Questionnaire

The Small Business Administration ("SBA") has announced, via the Paycheck Protection Program FAQs, that it has discontinued use of the Loan Necessity Questionnaire, citing delays caused by loan necessity reviews. These do not…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Relief Measures

See all updates »

A Real “Who Dunnit?”: Dispute Over Unsigned Arbitration Agreement Means Judges Must Wear Detective’s Cap

​​​​​​​On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG…more

Arbitration, Arbitration Agreements, Contract Formation, Contract Termination, Email

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New Jersey Enacts Higher Penalties for Employee Misclassification

On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New Jersey…more

Employer Liability Issues, Enforcement, Enforcement Authority, Governor Murphy, Independent Contractors

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New Permit Extension Act Enacted in Response to COVID-19

As the COVID-19 pandemic continues to significantly affect all aspects of the real estate industry, the legislature of the State of New Jersey has passed amendments to the Municipal Land Use Law (the “MLUL”), codified at…more

Building Permits, Construction Industry, Coronavirus/COVID-19, Relief Measures, Time Extensions

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Appellate Division Finds c.78 Health Benefits Contributions Requirements Do Not Apply to Public Sector Disability Retirees

Last month, in Brick Twp. PBA Local 230 v. Twp. of Brick, the Appellate Division of the Superior Court of New Jersey confirmed that N.J.S.A. 40A:10-21.1, P.L. 2011, c. 78, § 42, more commonly known as Chapter 78, does not…more

Appeals, Disability, Employee Benefits, Employee Contributions, Forced Retirement

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Aspire Incentive Regulations Approved by New Jersey Economic Development Authority

On Wednesday November 10th, the New Jersey Economic Development Authority (NJEDA) officially approved regulations for the Aspire Program. The goal of the Aspire Program, one part of the larger New Jersey Economic Recovery…more

Community Development, Economic Development, Mixed-Use Zoning, New Regulations, Real Estate Development

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Back to Business New Jersey: Essential FAQs for Return-to-Work Planning

Now is the time for employers to formulate action plans for returning employees to the workplace. We have developed the following FAQ’s to guide the development of your return to work plan…more

Coronavirus/COVID-19, Employer Responsibilities, Family and Medical Leave Act (FMLA), Health and Safety, Paid Leave

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City of Newark Poised to Pass Amended Inclusionary Zoning Ordinance

On March 8, 2022, Mayor Ras J. Baraka introduced amendments to the City of Newark’s Inclusionary Zoning Ordinance (“IZO”) that may have far reaching impact on residential development in the City. The proposed amendments passed…more

Affordable Housing, Inclusionary Housing Ordinance, Urban Planning & Development, Zoning Laws

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Deal Hashed Out For Legal Cannabis in the Empire State

New York appears to be on deck as the next state to join the list of cannabis-friendly environments in which these businesses might have a chance to thrive. The deal recently struck between Gov. Andrew M. Cuomo and lawmakers in…more

Decriminalization of Marijuana, Governor Cuomo, Legislative Agendas, Marijuana, Marijuana Related Businesses

See all updates »

New Jersey Annual Lobbying Reports - Due February 15, 2018

February 15th is fast approaching, which means businesses that engage in lobbying in New Jersey should begin preparing their annual ELEC lobbying report. Any entity that spent at least $2,500 in 2018 on lobbying in New Jersey…more

Disclosure Requirements, Electronic Filing, Lobbying, Lobbyists, Reporting Requirements

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NJDOL Issues Proposed Regulations Implementing N.J. Temporary Workers Bill of Rights Act

On July 21, 2023 the N.J. Department of Labor and Workforce Development (Department) issued long-awaited guidance regarding the Temporary Workers Bill of Rights Act. Certain provisions of the Act took effect on August 5, 2023…more

Comment Period, Employee Rights, Fees, New Legislation, Pay Equity Laws

See all updates »

Activity in the Legislature Addressing Inactive Licenses and Other Reform

On January 16, 2024, Governor Murphy signed S4265/A5912 into law, reforming New Jersey’s long-standing liquor license practices. The law was enacted to provide open opportunities for new development in communities, in the hope…more

Alcohol Beverage Control, Breweries, Distilleries, Governor Murphy, Liquor Licences

See all updates »

New Jersey Board of Public Utilities Issues Order Setting Forth New Community Solar Program

On August 16, 2023, the New Jersey Board of Public Utilities issued an order setting forth the new Community Solar program that is replacing the prior Pilot Program. This Community Solar Energy Program (“CSEP”) continues upon…more

Community Shared Solar, Electricity, Energy Projects, Public Utilities Commission, Public Utility

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Appellate Division Permits Public Records Access to Police Use of Force Reports Involving Juveniles

On February 19, 2020, the New Jersey Appellate Division issued a decision Digital First Media v. Ewing Township permitting a newspaper access under New Jersey’s Open Public Records Act (OPRA) to Use of Force Reports (UFR)…more

Appeals, Excessive Force, Law Enforcement, Minors, Public Records

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High Court Blocks OSHA Vaccine or Test Mandate

Yesterday, the U.S. Supreme Court blocked the implementation of OSHA’s Emergency Temporary Standards (“OSHA ETS”) that had applied to all private employers with 100 or more employees. OSHA’s standards had required these…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates

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CARES Act: Expanded Small Business Reorganization Act Can Assist Distressed Businesses

On February 19, 2020, just a few months before the COVID-19 pandemic sent shockwaves throughout the business communities, the Small Business Reorganization Act (“SBRA”) became effective. Now more than ever, as payroll protection…more

Bankruptcy Code, CARES Act, Chapter 11, Coronavirus/COVID-19, Distressed Assets

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End of the Year Gifting May Be Particularly Important this Year

With the end of the year quickly approaching and the 2020 election largely behind us, it is a good time to revisit important estate planning strategies to protect and preserve your wealth for future generations. At $11,580,000…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, IRS

See all updates »

President Biden Signs the “COVID-19 Bankruptcy Relief Extension Act”

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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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