Greenbaum, Rowe, Smith & Davis LLP

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Woodbridge Office
99 Wood Avenue South
Iselin, New Jersey 08830, United States
Phone: 732.549.5600
Fax: 732.549.1881
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • New Jersey
  • New York
Number of Attorneys
51-99 Attorneys

Eighth Circuit Imposes “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split

What You Need to Know- •A holding by the Eighth Circuit Court of Appeals in recent months took a stance on the causation standard for False Claims Act cases premised on violations of the Anti-Kickback Statute. •The Court’s…more

Anti-Kickback Statute, But For Causation, Causation, Corporate Counsel, False Claims Act (FCA)

See all updates »

The New Jersey Economic Recovery Act Of 2020: An Overview Of The New Jersey Innovation Evergreen Act

The New Jersey Economic Recovery Act of 2020, a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and numerous…more

Business Development, Capital Investments, Certifications, Community Development, Economic Growth

See all updates »

Wealth Transfer Strategies to Consider in the Age of COVID-19

The COVID-19 pandemic has disrupted our lives and shifted our priorities in an unprecedented manner.  Against this backdrop of uncertainty, though, opportunities in estate planning abound.  Basic planning documents, such as…more

AFR, Coronavirus/COVID-19, Estate Tax, Estate-Tax Exemption, Gift Tax

See all updates »

An Overview of the New Jersey BPU’s New Energy and Water Benchmarking Annual Reporting Requirements

Beginning October 1, 2023, under a benchmarking program administered by the New Jersey Board of Public Utilities (BPU), all property owners or operators of commercial properties over 25,000 square feet in New Jersey will be…more

Benchmarks, Clean Energy, Commercial Property Owners, Energy Consumption, Environmental Protection Agency (EPA)

See all updates »

Potential Bankruptcy Strategies for Stakeholders in Real Estate Transactions; Relevant Provisions of the U.S. Bankruptcy Code

In light of the ongoing economic impacts of the COVID-19 pandemic, and although Chapter 11 of the U.S. Bankruptcy Code pertains to many industries, there are certain real estate related provisions of which owners and tenants…more

Bankruptcy Code, Chapter 11, Coronavirus/COVID-19, Mortgages, Real Estate Financing

See all updates »

New Jersey Supreme Court Ruling Clarifies Standards for Punitive Damages in Medical Malpractice Actions

On August 25, 2022, the Supreme Court of New Jersey issued its decision in Rivera v. The Valley Hospital, Inc., reversing the trial judge’s interlocutory order denying the defendants’ motions to dismiss a claim for punitive…more

American Medical Association, Cancer, Clear and Convincing Evidence, Compensatory Damages, Food and Drug Administration (FDA)

See all updates »

U.S. Supreme Court Halts Enforcement of OSHA Vaccine Mandate for Private Employers

What You Need to Know- •The U.S. Supreme Court granted a temporary stay of OSHA’s requirement mandating that certain private employers require employees to be fully vaccinated against COVID-19 or be subject to weekly…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates

See all updates »

New Jersey Local Property Taxation Update: An Overview of Material Depreciation in Value Post-Valuation Date

What You Need to Know - •New Jersey property owners should be aware of the statutory framework, related deadlines, and application of those deadlines within the context of the valuation of property for local taxation purposes…more

Depreciation, New Jersey, Property Owners, Property Tax, Tax Appeals

See all updates »

Proposed Amendments to Ground Water Quality Standards Could Significantly Impact Ongoing Remediation Projects in New Jersey

The New Jersey Department of Environmental Protection (NJDEP) published proposed amendments to the Ground Water Quality Standards (GWQS) on January 2, 2024. The rulemaking process is currently underway, and the new standards may…more

Environmental Policies, Groundwater, New Jersey, NJDEP, Remediation

See all updates »

A Primer on Medicare Graduate Medical Education Payments

What You Need to Know- •Medicare has historically made, and continues to make, substantial investments in the training of the country’s next generation of physicians. Payments are made to hospitals in the form of Graduate…more

Centers for Medicare & Medicaid Services (CMS), Graduate Students, Hospitals, Medical Residents, Medicare

See all updates »

New Jersey Becomes Second State to Enact Legislation to Protect Structural Integrity of Residential Housing Structures Including Common Interest Communities

What You Need to Know- • New Jersey has passed legislation, effective immediately, designed to protect the structural integrity of condominiums and cooperative buildings in response to the June 2021 collapse of the Champlain…more

Common-Interest Communities, Condominiums, Inspections, New Jersey, New Legislation

See all updates »

New Jersey Enacts Legislation Imposing Annual Community Service Contributions On Nonprofit Hospitals

On February 22, 2021, New Jersey Governor Phil Murphy signed into law new legislation (A1135/S357) that clarifies and preserves the statutory property tax-exemption historically afforded to nonprofit hospitals under N.J.S.A…more

Department of Health and Human Services (HHS), Exemptions, Governor Murphy, New Jersey, New Legislation

See all updates »

NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations

On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the…more

Affordable Housing, Amended Regulation, Appellate Courts, Community Associations, New Jersey

See all updates »

The Implications for Estate Planning of Proposed Tax Provisions of the Build Back Better Act

What You Should Know •The House Ways and Means Committee has approved the tax provisions of President Biden’s Build Back Better Act, a significant first step towards passage. •If passed as drafted, the proposed legislation…more

Business Entities, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

See all updates »

The New Jersey Economic Recovery Act of 2020: An Overview Of The Brownfields Redevelopment Incentive Program

The New Jersey Economic Recovery Act of 2020, a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and numerous…more

Abandoned Property, Capital Investments, Community Development, Department of Environmental Protection, Economic Development

See all updates »

New Federal Exemption from SEC Registration for M&A Brokers Takes Effect Shortly

What You Need to Know- •Under legislation recently passed by Congress, M&A brokers now have a statutory federal exemption from SEC registration as a broker-dealer effective March 29, 2023. •The statute explicitly defines…more

Broker-Dealer, EBITDA, Exemptions, Registration Requirement, Securities and Exchange Commission (SEC)

See all updates »

New Jersey Imposes New Flood Hazard Disclosure Requirements on Sellers and Landlords

The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords and…more

Disclosure Requirements, FEMA, Flood Insurance, Flood Zones, Flooding

See all updates »

New Jersey Enacts Landmark Legislation to Overhaul Affordable Housing Laws

On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance and…more

Affordable Housing, Deeds, Dispute Resolution, Fair Housing Act (FHA), Housing Developers

See all updates »

Dirty Dirt Law Update: DEP Extends Compliance Deadlines, Opens Registration Process and Establishes Safe Harbor From A-901 Licensure for Providers of Soil and Fill Recycling Services

What You Should Know •The DEP has issued a new Compliance Advisory to provide clarity to New Jersey’s regulated community on the applicability of the Dirty Dirt Law- •The deadlines for businesses that provide soil and fill…more

Deadlines, Department of Environmental Protection, Governor Murphy, New Jersey, Recycling

See all updates »

DOJ Announces New M&A Safe Harbor Policy to Provide Further Clarity – But is it Enough?

The U.S. Department of Justice (DOJ) has announced a new M&A Safe Harbor Policy to encourage greater corporate compliance and more robust due diligence by promoting the voluntary disclosure of criminal misconduct uncovered in…more

Anti-Kickback Statute, Asset Purchase Agreements, Department of Justice (DOJ), Due Diligence, Mergers

See all updates »

Eighth Circuit Imposes “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split

What You Need to Know- •A holding by the Eighth Circuit Court of Appeals in recent months took a stance on the causation standard for False Claims Act cases premised on violations of the Anti-Kickback Statute. •The Court’s…more

Anti-Kickback Statute, But For Causation, Causation, Corporate Counsel, False Claims Act (FCA)

See all updates »

NJ Governor Phil Murphy Signs Executive Order 153 Permitting Outdoor Swimming Pools, Outdoor Recreation and Entertainment Facilities to Open

On Tuesday, June 9, 2020, Governor Phil Murphy signed Executive Order No. 153 (EO 153) which permits outdoor swimming pools to open effective June 22 and permits additional outdoor recreational facilities to open effective…more

Coronavirus/COVID-19, Executive Orders, Governor Murphy, Infectious Diseases, New Jersey

See all updates »

New Jersey Supreme Court “Wade Committee” Recommends Pathway to Readmission for Attorneys Following Disbarment

What You Need to Know- • A New Jersey Supreme Court Special Committee recently voted 21-5 in favor of establishing a pathway for attorneys to readmission following disbarment for the knowing misappropriation of client funds…more

Disbarment, Escrow Accounts, Ethics, Misappropriation, NJ Supreme Court

See all updates »

The Impact of New Jersey’s Just-Signed Temporary Workers’ Bill of Rights

What You Need to Know •In an effort to advance pay equity, Governor Phil Murphy has signed the Temporary Workers’ Bill of Rights into law. •The bill’s “equal-pay-equal-benefit” provision requires that temporary workers be…more

Equal Pay, Governor Murphy, New Jersey, State Labor Departments, Temporary Employees

See all updates »

NJ Supreme Court Addresses Worker Classification and Independent Contractor Status Under ABC Test

On August 2, 2022, the New Jersey Supreme Court handed down its decision in East Bay Drywall, LLC v. Dept. of Labor and Workforce Development, providing important insight into the classification of independent contractors by…more

ABC Test, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

See all updates »

NJ State and Federal COVID-19 Resources for Business Owners

In keeping with our commitment to serve as a resource for clients and business associates during this time of emergency, please note the following online sources of information... The New Jersey Economic Development Authority…more

Business Ownership, Coronavirus/COVID-19, Disaster Relief Fund, Government Resources, Public Health Emergency

See all updates »

New Jersey Authorizes Pharmacists to Conduct COVID-19 Testing

There is substantial support for the view that reliable widespread testing is essential to the restoration of a semblance of normalcy in New Jersey when considering the impact of the COVID-19 pandemic.  In connection with…more

Consumer Fraud, Coronavirus/COVID-19, Diagnostic Tests, Emergency Use Authorization (EUA), Food and Drug Administration (FDA)

See all updates »

New Jersey Legislature Revises Involuntary Commitment Law, Requiring Hospitals to Change Handling of Patients in Need of Involuntary Commitment

The New Jersey Legislature recently addressed a key gap in the state’s involuntary commitment law, which has historically permitted a hospital to hold a patient in need of involuntary commitment for no more than 72 hours. The…more

Commitment Procedures, Hospitals, Mental Health, New Jersey, Policies and Procedures

See all updates »

EPA’s Designation of Two “Forever Chemicals” as Hazardous Substances Brings Potential Impacts to Manufacturers, Commercial/Industrial Facilities & Property Owners

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The EPA…more

CERCLA, Consumer Product Companies, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Force Majeure in the Age of COVID-19: A Force to be Reckoned With

As the COVID-19 pandemic continues to wreak havoc on our social, legal, financial, real estate, and healthcare systems, the widespread disruptions caused by the COVID-19 outbreak have in certain instances made it impossible or…more

Act of God, Breach of Contract, Commercial Contracts, Contract Terms, Coronavirus/COVID-19

See all updates »

New Jersey BPU Establishes Permanent Community Solar Program

What You Need to Know- •The New Jersey Board of Public Utilities has established a permanent statewide Community Solar Energy Program to provide access to clean energy for a broader range of utility customers throughout the…more

Clean Energy, Community Shared Solar, Energy Projects, New Jersey, Pilot Programs

See all updates »

New Jersey Appellate Division Ruling Profoundly Changes Interpretation of Arbitration Clauses

What You Need to Know: •The New Jersey Appellate Division has issued a decision that fundamentally reshapes the interpretation of arbitration clauses in commercial contracts. •The ruling carves out an exception to the New…more

Appellate Courts, Arbitration, Commercial Contracts, Mandatory Arbitration Clauses, New Jersey

See all updates »

Employment Law Update: Do’s And Don’ts For Employers On Mandating COVID-19 Vaccinations

Amidst the FDA’s recent approval of at least two COVID-19 vaccines – and given the divergent views as to who will be able or willing to receive them in the coming months – employers are now considering whether and to what extent…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues

See all updates »

Title III of the CARES Act: Supporting America’s Health Care System in the Fight Against the Coronavirus

On Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law.  Title III of the Act, “Supporting America’s Health Care System in the Fight Against the Coronavirus,” is…more

CARES Act, Coronavirus/COVID-19

See all updates »

New Jersey Moves to Establish Database of Available Commercial Real Estate Properties

What You Need to Know- •Governor Murphy is now considering legislation that would establish a Vacant Storefront Registry Program database of commercial real estate that is available for purchase or lease by small businesses in…more

Commercial Property Owners, Commercial Real Estate Market, Governor Murphy, Proposed Legislation, Small Business

See all updates »

New Jersey Becomes Second State to Enact Legislation to Protect Structural Integrity of Residential Housing Structures Including Common Interest Communities

What You Need to Know- • New Jersey has passed legislation, effective immediately, designed to protect the structural integrity of condominiums and cooperative buildings in response to the June 2021 collapse of the Champlain…more

Common-Interest Communities, Condominiums, Inspections, New Jersey, New Legislation

See all updates »

The New Jersey Economic Recovery Act Of 2020: An Overview Of The New Jersey Angel Investor Tax Credit Program

The New Jersey Economic Recovery Act of 2020 (ERA), a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and…more

Angel Investors, Emerging Technology Companies, Governor Murphy, New Jersey, New Jersey Economic Recovery Act of 2020 (ERA)

See all updates »

Is Amazon Liable For Third-Party Sellers’ Products? To Date, The Answer For E-Commerce Retailers May Depend On Where They Are

Online transactions on Amazon now account for over 50% of U.S. e-commerce. The company, already a massive corporation with enormous market share prior to the COVID-19 pandemic and the related rise in online shopping, saw its…more

Amazon, Amazon Marketplace, Corporate Counsel, E-Commerce, Liability

See all updates »

New Jersey Becomes Second State to Enact Legislation to Protect Structural Integrity of Residential Housing Structures Including Common Interest Communities

What You Need to Know- • New Jersey has passed legislation, effective immediately, designed to protect the structural integrity of condominiums and cooperative buildings in response to the June 2021 collapse of the Champlain…more

Common-Interest Communities, Condominiums, Inspections, New Jersey, New Legislation

See all updates »

Guidance for Employers Ahead of Looming Department of Labor Increases in Exempt Employee Thresholds

On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule updating and revising regulations issued under the Fair Labor Standards Act (FLSA) implementing exemptions from minimum wage and overtime pay…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

See all updates »

Revised Liquor License Laws Provide New Potential Business Opportunities in New Jersey

On January 16, 2024, New Jersey enacted legislation that is expected to substantially boost the number of available liquor licenses statewide, and ease restrictions on craft breweries. The new law has provisions that are…more

Breweries, Distilleries, Liquor Licences, New Jersey, Shopping Centers

See all updates »

NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations

On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the…more

Affordable Housing, Amended Regulation, Appellate Courts, Community Associations, New Jersey

See all updates »

Amendments to NJ WARN Act Bring Stricter Requirements than Previous NJ WARN and Federal WARN Acts

What You Need to Know: •The implementation of amendments to the NJ WARN Act, initially signed into law in 2020 and delayed by the pandemic, will now take place on April 10, 2023. •The amended Act expands which employees are…more

Amended Rules, Layoff Notices, Layoffs, New Jersey, Notice Requirements

See all updates »

NJ Supreme Court Ruling Addresses Enforceability of Arbitration Clauses in Construction Defect Disputes Involving Direct Claims Against a Judgment Debtor’s Insurer

What You Need to Know- •The issue at hand in this case involved an interpretation of the statutory construction of New Jersey’s Direct Action Statute, which permits a judgment creditor holding an unsatisfied judgment to file…more

Arbitration Agreements, Construction Defects, Creditors, Damages, Debtors

See all updates »

A Primer on Medicare Graduate Medical Education Payments

What You Need to Know- •Medicare has historically made, and continues to make, substantial investments in the training of the country’s next generation of physicians. Payments are made to hospitals in the form of Graduate…more

Centers for Medicare & Medicaid Services (CMS), Graduate Students, Hospitals, Medical Residents, Medicare

See all updates »

NJDEP Publishes Draft Rules for Implementation of New Jersey’s Environmental Justice Law - June 2022

What You Need to Know- •The New Jersey Department of Environmental Protection has published draft rules for implementation of the state’s Environmental Justice Law, which requires an evaluation of the environmental and public…more

Environmental Justice, Environmental Policies, Governor Murphy, NJDEP, Permits

See all updates »

EPA’s Designation of Two “Forever Chemicals” as Hazardous Substances Brings Potential Impacts to Manufacturers, Commercial/Industrial Facilities & Property Owners

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The EPA…more

CERCLA, Consumer Product Companies, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

IRS And New Jersey Extend April 15 Income Tax Deadline To May 17

On March 17, 2021, Internal Revenue Service (IRS) Commissioner Chuck Rettig announced that the IRS will extend by one month the deadline for the filing of tax returns and the payment of tax for the 2020 taxable year for…more

American Rescue Plan Act of 2021, Income Taxes, IRS, New Jersey, State Taxes

See all updates »

An Overview of the Federal Trade Commission’s Final Rule Banning Non-Compete Clauses

On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, approved in final form its rule banning non-compete clauses in most instances. The rule is scheduled to become effective 120 days after its publication in the…more

Chamber of Commerce, Employees, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

Family Law Update: Four Tips for Addressing Co-Parenting Challenges in Today’s “New Normal”

Co-parenting children in divorced households presents difficulties in the best of circumstances.  Add to these challenges the stress and potential risks arising from the spread of COVID-19 and you have the perfect recipe for…more

Centers for Disease Control and Prevention (CDC), Co-Parenting, Coronavirus/COVID-19, Divorce

See all updates »

Construction Litigation Update: NJ Appellate Division Requires Attorney-Fee Shifting in Enforcing the New Jersey Prompt Payment Act

What You Need to Know- The New Jersey Prompt Payment Act provides a remedy to contractors and lower-tier subcontractors when their payments are approved and certified, but not remitted…more

Attorney's Fees, Construction Industry, Construction Litigation, Fee-Shifting, New Jersey

See all updates »

When It Comes To Custody Issues, Smoking Pot Is Not Necessarily A Smoking Gun

In an August 2, 2021 published decision by the Superior Court of New Jersey, Appellate Division, the Court held that a parent’s recreational marijuana usage cannot suffice as the sole or primary reason to terminate that parent’s…more

Child Custody, Expert Testimony, Marijuana, Parental Rights, Recreational Use

See all updates »

The Clock Is Ticking Towards the End of LIBOR; What Borrowers Can Do Now to Mitigate the Risks

Since the end of 2017, we have been talking about the discontinuation of LIBOR as a reference rate for borrowers who finance with floating rate loans.  The December 2021 end date is fast approaching, but much work remains to…more

Alternative Reference Rates Committee (ARRC), Borrowers, Credit Facilities, Derivatives, Floating Interest Rates

See all updates »

Texas Court Sides with Challengers to Independent Dispute Resolution Process Under No Surprises Act

What You Need to Know- •A federal court sided with challengers in finding that certain CMS rules conflict with the federal No Surprises Act, pressuring healthcare providers to lower their offers in arbitration…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Dispute Resolution, Employee Retirement Income Security Act (ERISA)

See all updates »

FinCEN Releases Useful Guidance on Corporate Transparency Act Requirements for Small Businesses

The U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) has released its Small Entity Compliance Guide in preparation for beneficial ownership information reporting pursuant to the Corporate Transparency Act…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements, Small Business

See all updates »

DOJ Announces New M&A Safe Harbor Policy to Provide Further Clarity – But is it Enough?

The U.S. Department of Justice (DOJ) has announced a new M&A Safe Harbor Policy to encourage greater corporate compliance and more robust due diligence by promoting the voluntary disclosure of criminal misconduct uncovered in…more

Anti-Kickback Statute, Asset Purchase Agreements, Department of Justice (DOJ), Due Diligence, Mergers

See all updates »

Appellate Division Reaffirms Well-Settled Precedent in Refusing to Assume Attorney-Client Privilege for Individual Shareholders in Closely Held Corporations

Generally speaking, attorney-client privilege protects against the disclosure of confidential communications between a client and a lawyer that are related to the provision of legal advice or assistance. A recent New Jersey…more

Appellate Courts, Attorney Representation Agreements, Attorney-Client Privilege, Closely Held Businesses, Confidential Communications

See all updates »

COVID-19 Insurance Update: Companies Should Evaluate Risk Management Tools in Place, Including Pollution Legal Liability (PLL) Insurance Policies

Among the many critical business issues to be addressed within the context of COVID-19 place, such as insurance policies, which may be of help to mitigate some of the costs incurred during the coronavirus emergency…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims

See all updates »

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Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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