Lathrop GPM

Contact
Share
Info
2345 Grand Blvd.
Suite 2200
Kansas City, MO 64108, United States
Phone: 816.292.2000
Fax: 816.292.2001
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Business Organizations
  • Class Action
  • Construction Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Illinois
  • Kansas
  • Massachusetts
  • Minnesota
  • Missouri
  • North Dakota
  • Texas
Number of Attorneys
100+ Attorneys

Beneficial Ownership Information Rules and Regulations: How It May Impact You

On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued a final rule (the “Rule”), the first of three planned rulemakings implementing the beneficial ownership information reporting rules of the…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

See all updates »

Extension of SEC Filing Requirements; Annual Meetings

Extension of SEC Filing Deadlines. On March 25, 2020, the Securities and Exchange Commission (SEC) issued an order (the “March 25 Order”) providing a 45-day extension of the filing deadlines for certain reporting obligations of…more

Coronavirus/COVID-19, Corporate Governance, Relief Measures, Securities and Exchange Commission (SEC), Time Extensions

See all updates »

Employers Should Take Note of Important Minnesota Employment Law Developments From the 2023 Legislative Session

The 2023 Minnesota legislative session was an active one and has resulted in a number of new employment law obligations for employers with Minnesota-based employees..…more

Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues, Employment Policies

See all updates »

California Wildfires - Insurance Recovery Checklist

The wildfires that erupted across Northern California in the beginning of October have, according to the California Department of Insurance, damaged or destroyed more than 7,000 structures and have ravaged some of California's…more

Department of Insurance, Fire Damage, Fire Insurance, Insurance Industry, Property Insurance

See all updates »

Virginia Federal Court Dismisses Franchisor's Trade Secret Claim for Failure to Plead with Specificity

A Virginia federal court recently granted a motion to dismiss all six counts of a franchisor's complaint against a competing former franchisee for failure to plead with specificity under the Defend Trade Secrets Act of 2016…more

Defend Trade Secrets Act (DTSA), Dismissals, Federal Jurisdiction, Franchise Agreements, Franchisee

See all updates »

EPA Unveils New Proposed National Limits for PFAS in Drinking Water

On March 14, EPA released its long-awaited proposed rule limiting concentrations of six per- and polyfluoroalkyl substances (PFAS) or “forever chemicals,” in public drinking water. The proposed rule would set a legally…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

Final Rules Set for New U.S. Copyright Claims Board to Hear Small Claims

Coming soon, there’s a new, lower cost method for U.S. copyright owners to enforce smaller claims - or for parties accused of infringement who want declarative relief stating they are noninfringing. In December 2020, Congress…more

Administrative Review Board, Copyright, Copyright Infringement, Copyright Office, Corporate Counsel

See all updates »

California Appellate Court Rules that Customer Agreed to Franchisor’s Arbitration Requirement in “Clickwrap” Agreement

A state appellate court in California reversed a superior court’s denial of a massage franchisor’s motion to compel arbitration. Jane Doe #1 (I.G.) v. Massage Envy Franchising, LLC, 2023 WL 8801517 (Cal. Ct. App. Dec. 20, 2023)…more

Appeals, Arbitration, Clickwrap Agreements, Consumer Contracts, Contract Terms

See all updates »

OIG Publishes New Compliance Guidance for Health Care Entities, Along with Plan for Targeted “Industry Specific” Guidance Starting in 2024

On October 6, 2023, the Office of Inspector General at the U.S. Department of Health and Human Services (OIG) released brand new “General Compliance Program Guidance” to assist health care providers, entities, and other…more

21st Century Cures Act, Anti-Kickback Statute, Compliance, Department of Health and Human Services (HHS), Health Care Providers

See all updates »

Estate Tax Sunset Encourages Strategic Asset Retitling

Current tax laws provide historically high exclusion amounts for the federal estate and generation skipping transfer tax. These exclusion amounts, however, are slated to sunset by roughly 50% at the end of 2025…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, IRS

See all updates »

Missouri Governor Signs Bill on COVID-19 Civil Actions

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the…more

Civil Liability, Coronavirus/COVID-19, Damages, Governor Parson, Health Care Providers

See all updates »

Building Nonprofit Resilience: Dealing with Financial Distress

In this multi-part series, we highlight strategic steps that nonprofits can take to build organizational resilience in three different phases of its life cycle—in times of health, when beginning to experience financial or other…more

Bankruptcy Code, Chapter 11, Chapter 7, Court-Appointed Custodians, Creditors

See all updates »

Estate Planning after The Tax Cuts and Jobs Acts of 2017

The Tax Cuts and Jobs Act of 2017 (the “Act”) doubled the amount of property that an individual can transfer without incurring federal estate, gift or generation-skipping transfer tax (“Exemption Amount”) from $5,490,000 in 2017…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Cuts and Jobs Act

See all updates »

Missouri Aims to Weed out Meritless Punitive Damage Claims and Reign in Consumer Protection Claims

Last week, the Missouri General Assembly passed and sent to Governor Mike Parson the latest bill advancing the state’s ongoing tort reform. Senate Bill No. 591 is widely considered to be a win for corporate defendants statewide…more

Governor Parson, Legislative Agendas, Pending Legislation, Tort Reform

See all updates »

Rollover Equity in a Sale to a Private Equity Firm: Seller’s Concerns

When a private equity (PE) firm acquires a closely held business, it is quite common for the seller to roll over some of its equity into equity in the entity (the “Company”) that is acquiring the business. If the seller has…more

Acquisitions, Investors, Mergers, Private Equity, Private Equity Firms

See all updates »

Missouri Federal Court Opens Door to COVID-19 Business Interruption Claims

On August 12, 2020, U.S. District Court Judge Stephen Bough for the Western District of Missouri ruled that the plaintiff insureds may pursue claims for business income losses due to COVID-19 under standard property and casualty…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Denial of Insurance Coverage, Insurance Claims

See all updates »

New Canadian Trademark Rules Go Into Effect June 17, 2019

The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the…more

Canada, Canadian Intellectual Property Office (CIPO), New Regulations, Trademarks, Trademarks Act

See all updates »

Philanthropy in the COVID-19 World: What Gives?

In a few short (but seemingly very long) weeks, the world has become a very different place. Philanthropy has become urgent to meet the needs of people all over the world who are impacted by the COVID-19 virus. At the same time,…more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Philanthropy

See all updates »

Employers with Illinois Employees Should Be Aware of the Amendments to the Illinois One Day Rest in Seven Act

On January 1, 2023, the amendments to the Illinois One Day Rest in Seven Act (“ODRISA”) took effect, and the changes are significant. Employers with one or more employees in Illinois should take note of these new amendments to…more

Compliance Dates, Employer Liability Issues, Exempt-Employees, Non-Exempt Employees, Posting Requirements

See all updates »

Legalization of Recreational Cannabis Finds Success at the State Ballot Box in 2020; Federal Level Questions Remain

State Level Legalization Grows - After the dust settled from the elections on Nov. 3, four new states added their names to the growing list of states that have legalized recreational cannabis. Voters in Arizona, Montana, New…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, New Legislation, Recreational Use

See all updates »

Missouri Aims to Weed out Meritless Punitive Damage Claims and Reign in Consumer Protection Claims

Last week, the Missouri General Assembly passed and sent to Governor Mike Parson the latest bill advancing the state’s ongoing tort reform. Senate Bill No. 591 is widely considered to be a win for corporate defendants statewide…more

Governor Parson, Legislative Agendas, Pending Legislation, Tort Reform

See all updates »

Fintechs Beware: CFPB Builds on FTC Safeguards for Consumer Data

On August 11, 2022, the Consumer Finance Protection Board issued Consumer Financial Protection Circular 2022-04 for enforcers of federal consumer financial laws. The new Circular reflects the consumer watchdog’s increasing focus…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Consumer Privacy Rights, Cybersecurity

See all updates »

Far Reaching Executive Order Pushes Toward National “Right to Repair”

President Biden signed into law on Friday, July 9, 2021, a sweeping executive order titled “Executive Order on Promoting Competition in the American Economy,” laying out 72 actions for more than a dozen federal agencies. The…more

Agricultural Sector, Biden Administration, Competition, Consumer Product Companies, EU

See all updates »

Are You Ready For 2023's New Data Privacy Laws?

California continues to serve as the primary driver of privacy law in the United States, but other state laws now warrant compliance. The California Privacy Rights Act (CPRA), effective January 1, 2023, amends and extends the…more

B2B Transactions, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Corporate Counsel, Data Privacy

See all updates »

California Wildfires - Insurance Recovery Checklist

The wildfires that erupted across Northern California in the beginning of October have, according to the California Department of Insurance, damaged or destroyed more than 7,000 structures and have ravaged some of California's…more

Department of Insurance, Fire Damage, Fire Insurance, Insurance Industry, Property Insurance

See all updates »

EPA Unveils New Proposed National Limits for PFAS in Drinking Water

On March 14, EPA released its long-awaited proposed rule limiting concentrations of six per- and polyfluoroalkyl substances (PFAS) or “forever chemicals,” in public drinking water. The proposed rule would set a legally…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

Handle Your Estate Plan Like Royalty

​​​​​​​The services following the death of Her Majesty Queen Elizabeth II might have many of us thinking about our own estate planning. One striking piece of information about Her Majesty was that she had planned out many…more

Asset Transfer, Beneficiaries, Estate Planning, Funerals, Generation-Skipping Transfer

See all updates »

[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

See all updates »

Breaking: New Corporate Transparency Act Requires Disclosures From Many Businesses

As of January 1, 2024, the federal Corporate Transparency Act ("CTA") will require action to be taken by many business entities—even certain single member LLCs. Owners, officers, directors and even trust beneficiaries and trust…more

Beneficial Owner, Corporate Transparency Act, Financial Regulatory Reform, FinCEN, National Security

See all updates »

(Almost) Ten Top Tips for Fiduciaries to Avoid Litigation

​​​​​​​Fiduciaries sometimes find themselves in the unenviable position of facing conflict, whether with or among beneficiaries. In this article we offer some tips for preventing and managing conflicts and approaching the role…more

Beneficiaries, Best Practices, Breach of Duty, Conflicts of Interest, Fiduciary

See all updates »

Federal Circuit Reverses Preliminary Injunction on Franchisor’s Patent and Trade Dress Infringement Claim

The Federal Circuit Court of Appeals reversed a preliminary injunction granted as to franchisor Urban Air’s patent and trade dress infringement claims against Kangaroo, LLC. UATP IP, LLC v. Kangaroo, LLC, 2024 WL 658205 (Fed…more

Contract Termination, Default, Franchise Agreements, Franchisee, Franchises

See all updates »

Minnesota Lobbying and Campaign Finance Changes in Effect for 2024

Now that the legislative session is underway—and the 2024 election is fast approaching—organizations that work to influence public policy or elections should focus on the significant changes to Minnesota’s lobbying and campaign…more

Advertising, Campaign Finance Reform, Electioneering, Gifts, Lobbying

See all updates »

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

​​​​​​​The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the…more

Assault, Assisted Living Facilities (ALFs), Court-Appointed Guardians, Elder Abuse, Elder Care

See all updates »

Supreme Court Holds Proof of Willfulness Is Not Required in Trademark Infringement Cases for Recovery of Profits

Yesterday the Supreme Court of the United States issued its opinion in Romag Fasteners v. Fossil holding that a plaintiff does not have to prove that a trademark infringer acted willfully in order to obtain the remedy of the…more

Corporate Counsel, Romag Fasteners v Fossil, SCOTUS, Trademark Infringement, Trademarks

See all updates »

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action measures…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

See all updates »

Far Reaching Executive Order Pushes Toward National “Right to Repair”

President Biden signed into law on Friday, July 9, 2021, a sweeping executive order titled “Executive Order on Promoting Competition in the American Economy,” laying out 72 actions for more than a dozen federal agencies. The…more

Agricultural Sector, Biden Administration, Competition, Consumer Product Companies, EU

See all updates »

Cryptocurrency 101

If you do not currently own Bitcoin, the odds are in the last few months you have thought about the merits (or lack thereof) of owning Bitcoin. Bitcoin is a cryptocurrency, which is a digital or virtual currency (commonly…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT)

See all updates »

U.S. Supreme Court Restricts EPA’s Power Under Clean Water Act

Thursday, May 25, 2023, in a long-awaited decision, the U.S. Supreme Court dealt a major blow to EPA’s ability to regulate wetlands under the Clean Water Act (CWA)..…more

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

See all updates »

The Franchise Memorandum - Issue #271

Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class…more

Americans with Disabilities Act (ADA), Appeals, Arbitration, Attorney's Fees, Class Action

See all updates »

[Virtual Event] State of Litigation – Part 3 - June 23rd, 1:00 pm - 3:00 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Advertising, Class Action, Competition, Continuing Legal Education, Coronavirus/COVID-19

See all updates »

Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do Business in Pennsylvania; Distinguishes International Shoe.

On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

Just What the DOJ Ordered: Telehealth Enforcement Actions Are Here to Stay

Since the worldwide spread of COVID-19, the demand for telehealth services has surged. The Centers for Medicare and Medicaid Services (CMS) reported over an 11,000% increase in virtual visits (i.e., video- or phone-based visits)…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

See all updates »

Employers with Employees in the Fifth Circuit Should Take Note of  a Change in the “Ultimate Employment Decision Requirement” for Title VII Claims

Employers with employees located in the states falling within the jurisdiction of Fifth Circuit federal courts (e.g. Louisiana, Mississippi and Texas) should take note of an important federal appellate ruling impacting Title VII…more

Adverse Employment Action, Civil Rights Act, Employer Liability Issues, Employment Litigation, Hiring & Firing

See all updates »

Extension of SEC Filing Requirements; Annual Meetings

Extension of SEC Filing Deadlines. On March 25, 2020, the Securities and Exchange Commission (SEC) issued an order (the “March 25 Order”) providing a 45-day extension of the filing deadlines for certain reporting obligations of…more

Coronavirus/COVID-19, Corporate Governance, Relief Measures, Securities and Exchange Commission (SEC), Time Extensions

See all updates »

New Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know

New federal legislation is expanding existing employer obligations to provide reasonable accommodations for pregnant employees and reasonable breaks for nursing employees to express breast milk during the workday. The Providing…more

Americans with Disabilities Act (ADA), Breastfeeding, Fair Labor Standards Act (FLSA), Lactation Accommodation, New Legislation

See all updates »

Eleventh Circuit Holds Franchisor’s Justified Threat of Criminal Prosecution Does Not Justify Setting Aside Settlement Agreement with Franchisee for Duress

The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak Direct…more

Chapter 11, Commercial Bankruptcy, Criminal Prosecution, Duress, FL Supreme Court

See all updates »

Federal Court Vacates 2023 NLRB Joint Employment Rule And Reinstates 2020 Rule

On March 8, 2024, a Texas federal court struck down the National Labor Relations Board's new 2023 joint employer rule, which was set to go into effect on March 11, 2024. Chamber of Commerce of the United States of America, et…more

Chamber of Commerce, Control Test, Franchises, Joint Employers, NLRA

See all updates »

Legalization of Recreational Cannabis Finds Success at the State Ballot Box in 2020; Federal Level Questions Remain

State Level Legalization Grows - After the dust settled from the elections on Nov. 3, four new states added their names to the growing list of states that have legalized recreational cannabis. Voters in Arizona, Montana, New…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, New Legislation, Recreational Use

See all updates »

[Webinar] IP Litigation: Monetizing Your Patent Portfolio - August 18th, 1:00 pm - 2:00 pm CDT

Whether your portfolio comprises one patent or hundreds of patents, it is important to utilize the portfolio to support continued production and innovation efforts; to explore alternative revenue streams through licensing of…more

Continuing Legal Education, Design Patent, Enforcement Guidance, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Transferring Your Family or Closely Held Business: Part 1

Transition planning to a family member or other “insider” requires time and forethought to successfully handle both the financial and operational considerations of a family or closely held business. Transitioning ownership and…more

Business Succession, Closely Held Businesses, Corporate Governance, Estate Planning, Family Businesses

See all updates »

Estate Planning Newsletter - Spring/Summer Edition

For many students, this time of year signals the end of their high school careers and the beginning of the transition to college. With that transition, students and their families must address difficult issues, including how to…more

529 Plans, Beneficiaries, Durable Power of Attorney, Power of Attorney, Savings Accounts

See all updates »

[Webinar] IP Litigation: Monetizing Your Patent Portfolio - August 18th, 1:00 pm - 2:00 pm CDT

Whether your portfolio comprises one patent or hundreds of patents, it is important to utilize the portfolio to support continued production and innovation efforts; to explore alternative revenue streams through licensing of…more

Continuing Legal Education, Design Patent, Enforcement Guidance, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Georgia Federal Court Dismisses Human Trafficking Claims Against Franchisor

A federal court in Georgia recently dismissed the claims of an alleged human trafficking victim against hotel franchisor G6 Hospitality, while allowing some claims to proceed against the hotel franchisee. Doe (K.B.) v. G6 Hosp.,…more

Dismissals, Franchisee, Franchises, Franchisors, Human Trafficking

See all updates »

Cryptocurrency Taxation

With the individual tax filing deadline approaching it is a good time to visit the tax treatment of your bitcoin and other cryptocurrency transactions from 2017. With the increase in publicity and use of cryptocurrencies, the…more

Bitcoin, Cryptocurrency, IRS, Mining, Personal Property

See all updates »

[Webinar] IP Litigation: Monetizing Your Patent Portfolio - August 18th, 1:00 pm - 2:00 pm CDT

Whether your portfolio comprises one patent or hundreds of patents, it is important to utilize the portfolio to support continued production and innovation efforts; to explore alternative revenue streams through licensing of…more

Continuing Legal Education, Design Patent, Enforcement Guidance, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

New Kansas Act Allows Relief for Purchase of Contaminated Property

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing…more

Contaminated Properties, Environmental Liability, Environmental Policies, Environmental Remediation Costs, Municipalities

See all updates »

Minnesota Lobbying and Campaign Finance Changes in Effect for 2024

Now that the legislative session is underway—and the 2024 election is fast approaching—organizations that work to influence public policy or elections should focus on the significant changes to Minnesota’s lobbying and campaign…more

Advertising, Campaign Finance Reform, Electioneering, Gifts, Lobbying

See all updates »

What Employers and Self-Employed Individuals Need to Know About the Coronavirus Response Act Tax Credits for Emergency Paid Leave

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”) into law. The Act requires employers with less than 500 employees and certain public employers to provide Emergency Paid Sick…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

See all updates »

Opening Your Office for Business: A Tenant's Perspective

As America returns to work, each business will need to address COVID-19 related health and safety issues for its employees, customers and others who may utilize the company’s workplace. As of this writing, each of the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, OSHA

See all updates »

[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

See all updates »

Oral Arguments Signal Sea of Change in Future of Administrative Law

On Jan. 17, the US Supreme Court heard oral arguments for two cases widely seen as vehicles for the current court to overturn the judicial doctrine of Chevron deference: Relentless v. Department of Commerce and Loper Bright…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Loper Bright Enterprises v Raimondo, National Marine Fisheries Service

See all updates »

COVID-19 Federal Loan Assistance Programs

In response to the global COVID-19 pandemic, on March 27, 2020 Congress enacted and the President signed the Federal Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Among other things, the CARES…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Relief Measures

See all updates »

Are You Ready For 2023's New Data Privacy Laws?

California continues to serve as the primary driver of privacy law in the United States, but other state laws now warrant compliance. The California Privacy Rights Act (CPRA), effective January 1, 2023, amends and extends the…more

B2B Transactions, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Corporate Counsel, Data Privacy

See all updates »

Transferring Your Family or Closely Held Business – Part 2

With more certainty creeping back into the market following the unprecedented economic downturn of the COVID-19 crisis, business owners may be wondering whether now is an opportune time to bring their company to market. While…more

Capital Raising, Closely Held Businesses, Coronavirus/COVID-19, Family Businesses

See all updates »

New Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know

New federal legislation is expanding existing employer obligations to provide reasonable accommodations for pregnant employees and reasonable breaks for nursing employees to express breast milk during the workday. The Providing…more

Americans with Disabilities Act (ADA), Breastfeeding, Fair Labor Standards Act (FLSA), Lactation Accommodation, New Legislation

See all updates »

Missouri Governor Signs Bill on COVID-19 Civil Actions

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the…more

Civil Liability, Coronavirus/COVID-19, Damages, Governor Parson, Health Care Providers

See all updates »

Minnesota Court Declares Restrictions on Abortion Unconstitutional - State Level-Decisions Become Increasingly Important for Health Care Providers

A Ramsey County District Court Judge has ruled that several provisions in state law related to abortion violate the state constitution, including mandatory physician informed consent disclosures followed by a 24-hour waiting…more

Abortion, Health Care Providers, Reproductive Healthcare Issues, State Constitutions, Strict Scrutiny Standard

See all updates »

Ohio Federal Court Denies Distributor’s Motion for Preliminary Injunction Following Importer’s Bankruptcy

A federal court in Ohio denied a distributor’s motion for a preliminary injunction, holding that it failed to demonstrate a likelihood of success on the merits of its claims against a beer importer who chose a different…more

Breach of Contract, Commercial Bankruptcy, Distributors, Importers, Personal Jurisdiction

See all updates »

Missouri Supreme Court Changes Rules to Reduce Discovery Burden

In 2019, the Missouri legislature passed, and Governor Parson signed, legislation to update several provisions of the Missouri Rules of Civil Procedure governing discovery. Known as Senate Bill 224 (SB 224), the law was intended…more

Discovery, Evidence, MO Supreme Court, Proportionality, Rules of Civil Procedure

See all updates »

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly Enforces Timely Filing Requirements of the Act

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a permanent…more

Abuse of Discretion, Common Law Claims, Employer Liability Issues, Employment Litigation, Human Rights Act

See all updates »

Illinois Federal Court Grants Franchisor’s Motion to Dismiss Terminated Franchisee’s Fraudulent Misrepresentation and Breach of Contract Claims

A federal court in Illinois recently dismissed a former franchisee’s counterclaims for alleged fraudulent misrepresentation, breach of contract regarding the franchisor’s advertising fund, and breach of contract and implied…more

Advertising, Breach of Contract, Counterclaims, Dismissals, Federal Loans

See all updates »

Focus on Franchisors: Keller Williams Realty

As part of Lathrop GPM’s Increasing Diversity in Franchising initiative, we have explored various facets of increasing diversity in franchising, including access to capital, educational initiatives that focus on business in…more

Diversity, Diversity and Inclusion Standards (D&I), Franchises, Franchisors, Real Estate Agents

See all updates »

New Jersey Federal Court Finds Franchisee’s Defense of Fraudulent Inducement Sufficient to Block Franchisor’s Motion for Summary Judgment on Its Claim for Breach of Contract

A federal court in New Jersey has denied a franchisor’s motion for summary judgment on its claim for breach of contract by its franchisee, finding that the franchisee raised issues of material fact regarding whether it had been…more

Breach of Contract, Contract Terms, Franchise Agreements, Franchisee, Franchises

See all updates »

Trademark Modernization Act of 2020

Congress has just passed the bi-partisan Trademark Modernization Act of 2020 (TMA), which amends the Trademark Act to provide new procedures for third-party submission of evidence relating to trademark applications, to establish…more

Amended Legislation, Intellectual Property Protection, Rebuttable Presumptions, Trademark Application, Trademark Infringement

See all updates »

Updated Guidance Concerning PPP Loans and Changes of Ownership

How is Change in Ownership Defined? On October 2, 2020 the Small Business Administration published SBA Procedural Notice (5000-20057) (the “Notice”), which was effective on that date. The Notice outlines rules that apply to…more

Acquisitions, CARES Act, Change in Ownership, Coronavirus/COVID-19, Federal Loans

See all updates »

Franchisors Impacted by EU Limits on Personal Data Transfers to the U.S.

What Happened?  On July 16, 2020, in Schrems II, the EU Court of Justice invalidated the EU-U.S. Privacy Shield mechanism. The EU Court of Justice struck down a similar program, the EU-U.S. Safe Harbor, in 2015…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, General Data Protection Regulation (GDPR)

See all updates »

Eleventh Circuit Holds Franchisor’s Justified Threat of Criminal Prosecution Does Not Justify Setting Aside Settlement Agreement with Franchisee for Duress

The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak Direct…more

Chapter 11, Commercial Bankruptcy, Criminal Prosecution, Duress, FL Supreme Court

See all updates »

Business Succession Planning

Many successful business owners devote their lives to establishing, building, and maintaining a successful business. However, few successful business owners have properly considered what will happen after they are gone, and even…more

Business Succession, Closely Held Businesses, Estate Planning, Family Businesses, Strategic Planning

See all updates »

U.S. Supreme Court Restricts EPA’s Power Under Clean Water Act

Thursday, May 25, 2023, in a long-awaited decision, the U.S. Supreme Court dealt a major blow to EPA’s ability to regulate wetlands under the Clean Water Act (CWA)..…more

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

See all updates »

Cryptocurrency as a 401(K) Plan Investment Option

Fidelity Investments recently announced it is making a Bitcoin account available as an investment option for 401(k) plans, fueling a debate about cryptocurrencies and fiduciary responsibilities under ERISA. In what might…more

401k, Cryptocurrency, Department of Labor (DOL), Digital Assets, EBSA

See all updates »

Transferring Your Family or Closely Held Business – Part 2

With more certainty creeping back into the market following the unprecedented economic downturn of the COVID-19 crisis, business owners may be wondering whether now is an opportune time to bring their company to market. While…more

Capital Raising, Closely Held Businesses, Coronavirus/COVID-19, Family Businesses

See all updates »

Federal Government and Private Sector Climate Change Developments

The implications of climate change have gone from an esoteric topic that a very limited number of companies focused upon just a few years ago to one that is becoming more mainstream by the day. President Biden campaigned on…more

Automotive Industry, Banking Sector, Biden Administration, Climate Change, Disclosure Requirements

See all updates »

Estate Planning 2022 Federal Tax Update

As we start the new year, this Federal Tax Update highlights estate planning-related federal tax information that may be helpful as you consider planning options for 2022. Because Congress could pass legislation that changes…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

See all updates »

California Court of Appeals Affirms Rejection of Reverse Royalty Damages in a Breach of Contract Action by Franchisee

An appellate court in California has affirmed a trial court’s rejection of more than $4 million in lost business profits, which appellant Glen Suh alleged in a breach of contract action against franchisor Boba Time, Inc. Suh v…more

Appeals, Breach of Contract, Business Litigation, Business Losses, Contract Terms

See all updates »

Navigating Considerations of Race and Sex in Scholarships

Perhaps now more than ever, colleges and universities are undertaking or rejuvenating diversity, equity, and inclusion (DEI) initiatives across their organizations, and many donors are motivated to support such initiatives,…more

Certiorari, Colleges, Diversity and Inclusion Standards (D&I), Educational Institutions, Gender Discrimination

See all updates »

The Corporate Transparency Act and Tax-Exempt Organizations

Beginning January 1, 2024, many types of legal entities must report information regarding their “beneficial owners” and certain other information (collectively, “BOI”) to the Financial Crimes Enforcement Network (“FinCEN”). As…more

501(c)(3), Beneficial Owner, Corporate Taxes, Corporate Transparency Act, FinCEN

See all updates »

Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do Business in Pennsylvania; Distinguishes International Shoe.

On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

Transferring Your Family or Closely Held Business – Part 2

With more certainty creeping back into the market following the unprecedented economic downturn of the COVID-19 crisis, business owners may be wondering whether now is an opportune time to bring their company to market. While…more

Capital Raising, Closely Held Businesses, Coronavirus/COVID-19, Family Businesses

See all updates »

COVID-19 Vaccinations and the Workplace: Critical Updates

In our previous alert on vaccinations and the workplace, we addressed the threshold question of whether employers can require their employees to get vaccinated and other related COVID-19 vaccine issues. At that time, however,…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

EEOC Releases Updated Proposed Workplace Harassment Guidance

On Friday, September 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) posted for public inspection its proposed “Enforcement Guidance on Harassment in the Workplace.” The EEOC previously released proposed…more

#MeToo, Anti-Harassment Policies, Bostock v Clayton County Georgia, Comment Period, Equal Employment Opportunity Commission (EEOC)

See all updates »

Minnesota Lobbying and Campaign Finance Changes in Effect for 2024

Now that the legislative session is underway—and the 2024 election is fast approaching—organizations that work to influence public policy or elections should focus on the significant changes to Minnesota’s lobbying and campaign…more

Advertising, Campaign Finance Reform, Electioneering, Gifts, Lobbying

See all updates »

Can You Copyright AI-Generated Content?

A great deal of news and public discussion has been fixated on the increasing popularity of generative AI — a category of artificial intelligence algorithms that can generate content (textual, visual, or audio) by “training” on…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Office

See all updates »

EPA Encourages Inclusion of PFAS Monitoring in Discharge Permits

In August 2023, EPA released a best management fact sheet called Pollution Prevention Strategies for Industrial PFAS Discharges which provides information to address NPDES discharges containing PFAS under the Clean Water Act…more

Best Management Practices, Clean Water Act, Compliance Monitoring, Discharge of Pollutants, Environmental Protection Agency (EPA)

See all updates »

What Employers and Self-Employed Individuals Need to Know About the Coronavirus Response Act Tax Credits for Emergency Paid Leave

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”) into law. The Act requires employers with less than 500 employees and certain public employers to provide Emergency Paid Sick…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

See all updates »

The New Crime Wave: State Efforts to Investigate COVID-19 Related Crimes

The unprecedented COVID-19 pandemic has brought with it an unprecedented effort by states and the federal government to prevent and counteract fraud. State Attorneys General are implementing innovative statewide initiatives to…more

Coronavirus/COVID-19, Cyber Crimes, Fraud, Government Investigations, Scams

See all updates »

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

The answer after the Stericycle ruling is likely “both.”  As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,…more

Balancing Test, Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues

See all updates »

New Study Reports Finding PFAS, an Allowed Component, in Cosmetics; Legislation Ensues Despite a Lack of Any Established Health Risks

PFAS are a diverse group of human-made components that are used in a variety of consumer products. PFAS is FDA authorized for use in food contact substances, such as packaging, cookware, and other products, due to its non-stick…more

Cosmetics, Food and Drug Administration (FDA), Hazardous Substances, Manufacturers, PFAS

See all updates »

Can You Copyright AI-Generated Content?

A great deal of news and public discussion has been fixated on the increasing popularity of generative AI — a category of artificial intelligence algorithms that can generate content (textual, visual, or audio) by “training” on…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Office

See all updates »

Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court

A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024 WL…more

Brand, Breach of Contract, Fraud, IP License, Lanham Act

See all updates »

OCR Investigates Sex Discrimination Against Males At Dozens of Colleges and Universities

Since the beginning of 2020, the U.S. Department of Education, Office for Civil Rights (OCR) has opened dozens of investigations into sex-specific scholarships and programming at colleges and universities across the United…more

Colleges, Department of Education, Educational Institutions, OCR, Scholarships

See all updates »

Georgia Federal Court Dismisses Human Trafficking Claims Against Franchisor

A federal court in Georgia recently dismissed the claims of an alleged human trafficking victim against hotel franchisor G6 Hospitality, while allowing some claims to proceed against the hotel franchisee. Doe (K.B.) v. G6 Hosp.,…more

Dismissals, Franchisee, Franchises, Franchisors, Human Trafficking

See all updates »

Chicago Ordinance Makes Scheduling Employees for Work More Complicated in Seven Industries

A new Chicago ordinance places complicated restrictions on how employers in 7 industries can schedule employees for work. Employers will face stiff financial penalties for failing to follow the new rules…more

Covered Employees, Employee Rights, Fair Workweek, Healthcare Workers, Hospitality Industry

See all updates »

IRS Issues Section 50(d) Guidance

On July 22, 2016, the United States Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued temporary Treasury Regulations (Temporary Regulations) related to the income inclusion rules under…more

Corporate Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Partnerships, Pass-Through Entities

See all updates »

Missouri Liquor Advertising Amendments

The Missouri Division of Alcohol and Tobacco Control (ATC) recently passed a “temporary” emergency amendment that could affect business operations in Missouri. Missouri's liquor control laws and regulations are designed to…more

Advertising, Amended Regulation, Commercial Speech, First Amendment, Liquor Control Boards

See all updates »

Cryptocurrency 101

If you do not currently own Bitcoin, the odds are in the last few months you have thought about the merits (or lack thereof) of owning Bitcoin. Bitcoin is a cryptocurrency, which is a digital or virtual currency (commonly…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT)

See all updates »

Leveraging Institutional Capital Assets to Meet the Moment

Hoping to alleviate the immense damage to vulnerable communities inflicted by COVID-19 and racial inequities that have drawn the spotlight over the past year, foundations and other charitable institutions are digging deeper and…more

501(c)(3), Bonds, Charitable Organizations, Coronavirus/COVID-19, Credit Facilities

See all updates »

Tax-free Rollovers of 529 Plan Funds to Roth IRAs Allowed Under Secure 2.0

Section 529 college savings accounts are used for tax-free education investments. When considering whether to create a 529 account, there generally is some apprehension that the person you are saving for won’t pursue a college…more

529 Plans, Amended Legislation, Beneficiaries, Education Expenses, Retirement Plan

See all updates »

Valuable Lessons in Charitable Deductions

A recent Tax Court case provides important guidance for donors and charities making and negotiating gifts of appreciated property. While generally donors who donate appreciated property to a public charity do not recognize…more

Appraisal, Asset Transfer, Capital Gains, Charitable Deductions, Charitable Donations

See all updates »

DOE Issues Additional Guidance and Interim Final Rule Regarding CARES Act Grants

On June 17, 2020, the U.S. Department of Education issued an interim final rule (IFR) aligning student eligibility for CARES Act funds with eligibility requirements for Title IV student aid. Effective immediately, higher…more

CARES Act, Department of Education, Educational Institutions, Financial Aid, Grants

See all updates »

Will Business Interruption Losses From COVID-19 Be Covered By My Insurance?

The answer is maybe; but you will not know without a thorough review of all potentially applicable policies. You may be hearing in the media, or directly from brokers, insurance adjusters, or risk managers that there is no…more

Business Closures, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Loss Coverage

See all updates »

Missouri Governor Signs Bill on COVID-19 Civil Actions

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the…more

Civil Liability, Coronavirus/COVID-19, Damages, Governor Parson, Health Care Providers

See all updates »

Cryptocurrency as a 401(K) Plan Investment Option

Fidelity Investments recently announced it is making a Bitcoin account available as an investment option for 401(k) plans, fueling a debate about cryptocurrencies and fiduciary responsibilities under ERISA. In what might…more

401k, Cryptocurrency, Department of Labor (DOL), Digital Assets, EBSA

See all updates »

Illinois Federal Court Grants Franchisor’s Motion to Dismiss Terminated Franchisee’s Fraudulent Misrepresentation and Breach of Contract Claims

A federal court in Illinois recently dismissed a former franchisee’s counterclaims for alleged fraudulent misrepresentation, breach of contract regarding the franchisor’s advertising fund, and breach of contract and implied…more

Advertising, Breach of Contract, Counterclaims, Dismissals, Federal Loans

See all updates »

HIPAA Violations: What Providers Should Learn From the Failures of Others

The federal agency responsible for enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) – the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services – recently submitted two…more

Covered Entities, Data Breach, Electronic Protected Health Information (ePHI), Enforcement Actions, Health Care Providers

See all updates »

IRS Issues Section 50(d) Guidance

On July 22, 2016, the United States Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued temporary Treasury Regulations (Temporary Regulations) related to the income inclusion rules under…more

Corporate Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Partnerships, Pass-Through Entities

See all updates »

Wealth, Legacy and the Next Generation: Getting Started and Other Considerations

Legacies and estate planning are often considered to be something later in life. Yet the truth is none of us have any idea when we might become incapacitated or pass away and consequently, understanding the various scenarios and…more

Estate Planning, Gifts, Power of Attorney, Revocable Trusts, Trusts

See all updates »

Important Colorado Law Changes for Multi-State Employers

Employers should be aware of Colorado law changes that may impact their job postings and other practices, including some changes that are likely a welcome roll-back of some prior requirements. On January 1, 2024, the amendment…more

Amended Legislation, Enforcement, Equal Pay Act, Hiring & Firing, Job Ads

See all updates »

Litigation Pitfalls for Employers in a COVID-19 World

The COVID-19 pandemic has caused companies and their management teams to react quickly and make adjustments to their business operations instantly. Many companies are doing what they can to survive while, at the same time,…more

Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

Beneficial Ownership Information Rules and Regulations: How It May Impact You

On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued a final rule (the “Rule”), the first of three planned rulemakings implementing the beneficial ownership information reporting rules of the…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

See all updates »

Minnesota Court Declares Restrictions on Abortion Unconstitutional - State Level-Decisions Become Increasingly Important for Health Care Providers

A Ramsey County District Court Judge has ruled that several provisions in state law related to abortion violate the state constitution, including mandatory physician informed consent disclosures followed by a 24-hour waiting…more

Abortion, Health Care Providers, Reproductive Healthcare Issues, State Constitutions, Strict Scrutiny Standard

See all updates »

Minnesota "Shock Verdict”: $111 Million Medical Malpractice Jury Verdict

On May 17, 2022, in Thapa v. St. Cloud Orthopedic Associates, a federal jury awarded a landmark $111 million in damages to a patient due to St. Cloud Orthopedic Associates’ (SCO) alleged failure to diagnose and appropriately…more

Health Care Providers, Jury Verdicts, Medical Malpractice, Negligence, Professional Liability

See all updates »

A Win for Open and Transparent Government in Missouri

In a win for open and transparent government in Missouri, the Missouri Supreme Court ruled that the Missouri Sunshine Law prohibits public governmental bodies from charging persons who request public records under the Missouri…more

MO Supreme Court, Open Records, Public Agencies, Public Records, Sunshine Laws

See all updates »

Corporate Transparency Act Update: Federal District Court Rules CTA Unconstitutional

Although existing entities covered by the Corporate Transparency Act (“CTA”) should still plan to comply with the beneficial ownership reporting (“BOI”) requirements, a new federal district court ruling offers hope that the…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

See all updates »

Louisiana Appeals Court Affirms Dismissal of Vicarious Liability Claim

An appellate court in Louisiana recently affirmed summary judgment in favor of a franchisor, dismissing negligence and premises liability claims asserted by a customer was injured on unauthorized exercise equipment. Flynn v…more

Dismissals, Franchise Agreements, Franchisee, Franchises, Vicarious Liability

See all updates »

Practical Tips to Maximize Insurance Recovery in the Immediate Aftermath of Hurricane Ian

​​​​​​​As this is being written, Hurricane Ian is bearing down on the west coast of Florida and is anticipated to wreak havoc across a wide swath of the Sunshine State from Ft. Myers to Orlando and then to Daytona Beach. The…more

Business Losses, Commercial Insurance Policies, Hurricane Season, Insurance Claims, Policy Terms

See all updates »

[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

See all updates »

Oral Arguments Signal Sea of Change in Future of Administrative Law

On Jan. 17, the US Supreme Court heard oral arguments for two cases widely seen as vehicles for the current court to overturn the judicial doctrine of Chevron deference: Relentless v. Department of Commerce and Loper Bright…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Loper Bright Enterprises v Raimondo, National Marine Fisheries Service

See all updates »

Impact of the SECURE Act on Inherited IRAs

The SECURE Act, enacted December 20, 2019, contains significant changes affecting inherited (“stretch”) IRAs, for deaths occurring after December 31, 2019. Prior law allowed a designated beneficiary to take required minimum…more

Beneficiary Designations, Estate Planning, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement Plan

See all updates »

Attention: Employers Should Take Note of Recent EEOC Announcements

In recent announcements to the media and otherwise, the Equal Employment Opportunity Commission (EEOC) provided the following information which should be of interest to all employers..…more

EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Contractors, OFCCP

See all updates »

Employers with Illinois Employees Should Be Aware of the Amendments to the Illinois One Day Rest in Seven Act

On January 1, 2023, the amendments to the Illinois One Day Rest in Seven Act (“ODRISA”) took effect, and the changes are significant. Employers with one or more employees in Illinois should take note of these new amendments to…more

Compliance Dates, Employer Liability Issues, Exempt-Employees, Non-Exempt Employees, Posting Requirements

See all updates »

Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court

A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024 WL…more

Brand, Breach of Contract, Fraud, IP License, Lanham Act

See all updates »

West Virginia v. EPA: Court Determines EPA Regulations Limited Under the Clean Air Act

The United States Supreme Court released its opinion earlier today outlining the Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gases from existing power plants. The majority opinion, written by…more

Clean Air Act, Clean Power Plan, Climate Change, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

See all updates »

The Importance of a Buy-Sell Agreement for Business Owners

If you are the owner of a business that does not have a buy-sell agreement in place, or you have not reviewed your buy-sell agreement recently, it may be time to sit down with your attorney. Buy-sell agreements can be complex…more

Business Disputes, Business Divorce, Business Succession, Buy-Sell Agreements, Buyouts

See all updates »

Cryptocurrency as a 401(K) Plan Investment Option

Fidelity Investments recently announced it is making a Bitcoin account available as an investment option for 401(k) plans, fueling a debate about cryptocurrencies and fiduciary responsibilities under ERISA. In what might…more

401k, Cryptocurrency, Department of Labor (DOL), Digital Assets, EBSA

See all updates »

Provider Relief Funds Reporting Window Extended

The Provider Relief Fund was established in the CARES Act to reimburse eligible health care providers for increased expenses or lost revenue attributable to the Covid-19 pandemic. As a condition of receiving funds, providers had…more

CARES Act, Coronavirus/COVID-19, Deadlines, Health Care Providers, HRSA

See all updates »

Illinois Federal Court Grants Franchisor Summary Judgment on Claim Under the Illinois Franchise Disclosure Act

A federal court in Illinois recently granted partial summary judgment to LMLC Franchising, LLC (LMLC-F), LMLC Management, LLC (LMLC-M), and Todd Barnhardt on claims brought by John Doe and Aylin & Ramtin, LLC (A&R) for breach of…more

Breach of Duty, Fiduciary Duty, Franchise Agreements, Franchise Disclosure Document, Franchises

See all updates »

Trademark Modernization Act of 2020

Congress has just passed the bi-partisan Trademark Modernization Act of 2020 (TMA), which amends the Trademark Act to provide new procedures for third-party submission of evidence relating to trademark applications, to establish…more

Amended Legislation, Intellectual Property Protection, Rebuttable Presumptions, Trademark Application, Trademark Infringement

See all updates »

Missouri Supreme Court Changes Rules to Reduce Discovery Burden

In 2019, the Missouri legislature passed, and Governor Parson signed, legislation to update several provisions of the Missouri Rules of Civil Procedure governing discovery. Known as Senate Bill 224 (SB 224), the law was intended…more

Discovery, Evidence, MO Supreme Court, Proportionality, Rules of Civil Procedure

See all updates »

States Increasingly Considering COVID-19 Liability Protections

As we approach one year from the WHO’s declaration of the COVID-19 outbreak as a global pandemic, many state legislatures are adopting or considering laws shielding businesses from liability related to COVID-19. Generally, the…more

Civil Liability, Coronavirus/COVID-19, Immunity, Infectious Diseases, State Legislatures

See all updates »

Estate Tax Sunset Encourages Strategic Asset Retitling

Current tax laws provide historically high exclusion amounts for the federal estate and generation skipping transfer tax. These exclusion amounts, however, are slated to sunset by roughly 50% at the end of 2025…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, IRS

See all updates »

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2 decision,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Artists, Commercial Use, Copyright

See all updates »

U.S. Supreme Court Issues Ruling to Clarify Undue Hardship Standard for Religious Accommodations Under Title VII

Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex and national origin, requires employers with 15 or more employees to accommodate the sincerely held…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

See all updates »

U.S. Supreme Court Affirms Decision Excluding Guarantors from ECOA Protection

4-4 Decision Keeps Issue Unresolved Outside of 8th Circuit - On March 22, 2016, the U.S. Supreme Court affirmed the decision of the 8th Circuit Court of Appeals in favor of Lathrop & Gage LLP client Community Bank of…more

ECOA, Family Status Discrimination, Guarantors, Hawkins v Community Bank of Raymore, Justice Scalia

See all updates »

North Carolina Federal Court Stays Litigation of Non-arbitrable Claims Pending Resolution of Related Arbitration

A federal court in North Carolina has held that considerations of judicial economy required that litigation of nonarbitrable claims should be stayed pending completion of a related arbitration. Medical Search Consultants, LLC v…more

Arbitration, Franchise Agreements, Franchises, Stays

See all updates »

Delaware Bankruptcy Court Grants Motion to Dismiss Time-Barred Claims for Breach of Franchise Agreement

A federal bankruptcy court in Delaware has dismissed time-barred claims that a Chapter 7 Trustee alleged on behalf of a bankrupt franchisor, AVF Franchising, LLC, against several of its franchisees. In re Start Man Furniture,…more

Breach of Contract, Chapter 7, Commercial Bankruptcy, Franchise Agreements, Franchisee

See all updates »

North Carolina Federal Court Stays Litigation of Non-arbitrable Claims Pending Resolution of Related Arbitration

A federal court in North Carolina has held that considerations of judicial economy required that litigation of nonarbitrable claims should be stayed pending completion of a related arbitration. Medical Search Consultants, LLC v…more

Arbitration, Franchise Agreements, Franchises, Stays

See all updates »

EPA’s New Lifetime Health Advisories for PFOA and PFOS Rely on Health Outcome Associations Rejected by the National Academies of Sciences, Engineering, and Medicine

Per- and polyfluoroalkyl substances (PFAS), also called “forever chemicals,” are a group of manufactured compounds whose presence in residential soil, industrial soil, and tap water has drawn heightened attention from…more

Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, National Academy of Sciences (NAS), PFAS

See all updates »

Corporate Transparency Act Update: Federal District Court Rules CTA Unconstitutional

Although existing entities covered by the Corporate Transparency Act (“CTA”) should still plan to comply with the beneficial ownership reporting (“BOI”) requirements, a new federal district court ruling offers hope that the…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

See all updates »

Minnesota Court of Appeals Decides Beneficiary Subject to Fiduciary Duty When Exercising Power to Remove Trustee

On November 6, 2023, the Minnesota Court of Appeals issued its opinion in In the Matter of the Trust Agreement of Genevieve M. Rossow. Among other topics, the court’s opinion addressed whether a trust beneficiary’s power to…more

Bad Faith, Beneficiaries, Estate Planning, Fiduciary Duty, Trust Administration

See all updates »

Building Nonprofit Resilience: Dealing with Financial Distress

In this multi-part series, we highlight strategic steps that nonprofits can take to build organizational resilience in three different phases of its life cycle—in times of health, when beginning to experience financial or other…more

Bankruptcy Code, Chapter 11, Chapter 7, Court-Appointed Custodians, Creditors

See all updates »

[Webinar] Labor Markets, Inflation, and the Economy: Current Impacts on Your Business - July 11th, 12:00 pm - 1:00 pm CT

The Lathrop GPM Closely Held Business Institute invites you to a webinar on Labor Markets, Inflation, and the Economy: Current Impacts on Your Business - Join us for an economic outlook discussion with Joe Mahon, Regional…more

Business Development, Federal Reserve, Hiring & Firing, Job Market, Price Inflation

See all updates »

Coffee and Cancer Warnings in California

Thirty-two years ago, a major California newspaper urged Californians to vote “no” on a ballot initiative commonly referred to as “Prop 65,” which would require certain businesses to include warning labels on products that…more

Manufacturers, Proposition 65, Public Health, Retailers, Starbucks

See all updates »

Federal Circuit Reverses Preliminary Injunction on Franchisor’s Patent and Trade Dress Infringement Claim

The Federal Circuit Court of Appeals reversed a preliminary injunction granted as to franchisor Urban Air’s patent and trade dress infringement claims against Kangaroo, LLC. UATP IP, LLC v. Kangaroo, LLC, 2024 WL 658205 (Fed…more

Contract Termination, Default, Franchise Agreements, Franchisee, Franchises

See all updates »

Lower Burden of Proof for Whistleblowers Established in Landmark Supreme Court Case

Recently, the Supreme Court of the United States issued a decision in Murray v. UBS Securities, LLC holding that whistleblowers are not required to prove their employer acted with “retaliatory intent” to be protected under the…more

Adverse Employment Action, Anti-Retaliation Provisions, Burden of Proof, Murray v UBS Securities LLC, Protected Activity

See all updates »

EPA Unveils New Proposed National Limits for PFAS in Drinking Water

On March 14, EPA released its long-awaited proposed rule limiting concentrations of six per- and polyfluoroalkyl substances (PFAS) or “forever chemicals,” in public drinking water. The proposed rule would set a legally…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

Oral Arguments Signal Sea of Change in Future of Administrative Law

On Jan. 17, the US Supreme Court heard oral arguments for two cases widely seen as vehicles for the current court to overturn the judicial doctrine of Chevron deference: Relentless v. Department of Commerce and Loper Bright…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Loper Bright Enterprises v Raimondo, National Marine Fisheries Service

See all updates »

European Union Artificial Intelligence Act

On June 14, 2023, the European Parliament passed its version of the Artificial Intelligence Act (the “Act”). The Act is now under review by negotiators from the European Union’s (“EU”) three bodies – the European Commission,…more

Artificial Intelligence, Biometric Information, Cybersecurity, EU, European Commission

See all updates »

No Choice in the Matter – Recent Victory for Lathrop GPM Client to Have Significant Impact on Government Disclosure of Coronavirus-Related Data

In March, Lathrop GPM published a Litigation Alert: Tell Me More – Compliance with Open Records Laws Amidst the Coronavirus, which discussed the impact of the coronavirus (COVID-19) outbreak on public records requests. That…more

Open Records, Public Records, Records Request, State and Local Government

See all updates »

Connecticut Federal Court Awards Prevailing Sales Representative Less than Half of Requested Attorneys’ Fees

A federal court in Connecticut reduced attorneys’ fees and costs sought by a sales representative after the court raised concerns about several issues with the sales representative’s trial strategy. Trade Links, LLC v. Bi-Qem SA…more

Attorney's Fees, Contract Terms, Fee-Shifting, Franchise Acts, Litigation Fees & Costs

See all updates »

Legacy & Tax Planning in a Pandemic

A confluence of events has created an uncommon opportunity to transfer wealth and support charity: financial markets have declined because of the COVID-19 pandemic; in response, the Coronavirus Aid, Relief, and Economic Security…more

AFR, CARES Act, Charitable Trusts, Estate Planning, Estate Tax

See all updates »

Local Kansas City Funding for Small Businesses and Nonprofit Organizations

In response to the global COVID-19 pandemic, Kansas City area economic development organizations, corporations, foundations and municipalities are offering financial assistance in the form of loans and grants to small businesses…more

Coronavirus/COVID-19, Economic Development, Funding, Municipalities, Nonprofits

See all updates »

Insurance Recovery Alert: For Businesses Seeking Relief after the Mass Protests: Promptly Notify Your Insurance Carrier

Mass protests have erupted across the United States – from Los Angeles to New York. Though many of these protests are peaceful and benign, some have led to significant property loss by arson and vandalism, as well as theft, in…more

Business Interruption, Business Losses, Commercial Insurance Policies, Insurance Claims, Protests

See all updates »

NLRB Clears Path for Union Representation Without an Employee Vote

For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General Counsel,…more

Employer Liability Issues, Labor Relations, NLRA, NLRB, NLRB General Counsel

See all updates »

Virginia Federal Court Dismisses Franchisor's Trade Secret Claim for Failure to Plead with Specificity

A Virginia federal court recently granted a motion to dismiss all six counts of a franchisor's complaint against a competing former franchisee for failure to plead with specificity under the Defend Trade Secrets Act of 2016…more

Defend Trade Secrets Act (DTSA), Dismissals, Federal Jurisdiction, Franchise Agreements, Franchisee

See all updates »

$43 Million False Claims Act Verdict in Minnesota Illustrates Ongoing Anti-kickback Statute Risks

On February 27, a Minnesota federal court jury ruled in the favor of the U.S. Department of Justice (DOJ) in a False Claims Act (FCA) case based on allegations of Anti-kickback Statute (AKS) violations. The focus of the case was…more

Anti-Kickback Statute, Bribery, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

U.S. DOL Issues Final Independent Contractor Rule

The U.S. Department of Labor (“DOL”) announced a final rule revising its guidance on how to analyze whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). …more

Department of Labor (DOL), Economic Realities Test, Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

See all updates »

(Almost) Ten Top Tips for Fiduciaries to Avoid Litigation

​​​​​​​Fiduciaries sometimes find themselves in the unenviable position of facing conflict, whether with or among beneficiaries. In this article we offer some tips for preventing and managing conflicts and approaching the role…more

Beneficiaries, Best Practices, Breach of Duty, Conflicts of Interest, Fiduciary

See all updates »

California Federal Court Declares Arbitration Clause Unenforceable

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were…more

Arbitration, Class Action, Contract Terms, Distributors, Employer Liability Issues

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