Jackson Walker

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2323 Ross Avenue
Suite 600
Dallas, Texas 75201, United States
Phone: 214-953-6000
Fax: 214-953-5822
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Number of Attorneys
400+ Attorneys

U.S. Supreme Court Finds That Clean Water Act’s Permitting Requirements Can Extend to Discharges Through Groundwater

On April 23, 2020, the U.S. Supreme Court issued a 6-3 opinion in County of Maui v. Hawaii Wildlife Fund, which established a new test to determine the permitting requirements under the Clean Water Act (CWA). The case centered…more

Appeals, Clean Water Act, Corporate Counsel, Direct Discharge, Discharge of Pollutants

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Texas Mayors and County Judges Issue Orders Regarding Local Restrictions

In response to Governor Greg Abbott’s recent proclamation and the rise in COVID-19 infections and hospitalizations in various parts of the state, county judges and mayors continue to issue orders related to restrictions and…more

Coronavirus/COVID-19, Executive Orders, Governor Abbott, Health and Safety, Judges

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Texas Journalists and Open Government Advocates Won on Both Sides of the Ball in the 2023 Legislative Session

In my work for the Texas Association of Broadcasters, I had a ringside seat for some pitched battles to save landmark statutes protecting public access to government records and free speech against encroachment by bills that…more

Broadcasting, Discovery, Document Productions, Free Speech, Information Requests

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Texas Bankruptcy Court – Applying Oklahoma Law – Concludes That Gathering Agreements Created Covenants Running With the Land and Cannot be Rejected by the Alta Mesa Resources Debtors

On December 20, 2019, the United States Bankruptcy Court for the Southern District of Texas (Marvin Isgur presiding) entered a memorandum opinion and order finding that midstream gathering agreements created covenants running…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Covenants that Run With the Land, Debtors

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Texas Supreme Court Reaffirms Validity and Scope of General Easements

Friday, February 28th, in Southwestern Electric Power Company v. Lynch et al., the Texas Supreme Court decided a hotly contested case regarding the interpretation of “general easements.” In Texas, the term “general easement”…more

Appeals, Declaratory Judgments, Easements, Energy Sector, Land Owners

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Fake News Redux

As I pointed out in my last (December 2017) VIA column, “Pop Fouls, Russians, Millennium Magazine, The New York Daily Inquirer and Fake News,” fake news has been with us for a long time and while not foreign to the Russians, it…more

Criminal Conspiracy, First Amendment, Fraud, Free Speech, General Elections

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What the Energy Industry Should Know About the Inflation Reduction Act

President Joe Biden is set to sign into law the Inflation Reduction Act of 2022 (the “Act”), which is estimated to reduce greenhouse gas emissions by around 40% by 2030 and to invest $369 billion in energy security and climate…more

Biden Administration, Climate Change, Energy Sector, Environmental Policies, Greenhouse Gas Emissions

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Texas Legislature Creates the Business Court of Texas and Companion Court of Appeals

In new legislation signed today by Governor Abbott, Texas has revamped its Court system for resolving business disputes with the creation of new trial and appellate courts with judges to be appointed by the governor with the…more

Business Court, Complex Litigation, Corporate Counsel, Governor Abbott, Jurisdiction

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Texas Supreme Court Grants ERCOT Sovereign Immunity

On June 23, in CPS Energy v. Electric Reliability Council of Texas, the Texas Supreme Court held that the Electric Reliability Council of Texas (ERCOT) is entitled to sovereign immunity, concluding that ERCOT is an “arm of the…more

Exclusive Jurisdiction, Public Utility, Sovereign Immunity, Statutory Authority, Statutory Requirements

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Mine: All Mine? Texas Ownership of Produced Water and Its Constituent Parts (Lithium)

Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners…more

Groundwater, Mineral Leases, Oil & Gas, Surface Owner, Texas

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MACRA will change the way you practice

A recent rule proposed by the Centers for Medicare and Medicaid Services (CMS) will bring far-reaching changes to payment models for physicians and other clinicians (including nurse practitioners, physician assistants, certified…more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare

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SCOTUS Simplifies Market Entry Process for Biosimilar Products

Yesterday’s unanimous ruling by the U.S. Supreme Court in Sandoz v. Amgen injects much needed certainty into a difficult statute and streamlines the process for biosimilar products to enter the marketplace following FDA approval…more

Biologics, Biosimilars, BPCIA, Commercial Marketing, Declaratory Judgments

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Standing: How Much Is A Ticket To The Dance?

The purpose of this article is to explain the concept of “standing” in probate and guardianship actions, to discuss how the topic should be raised, and to provide some specificexamples of situations where the standing of a…more

Estate Planning, Standing

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The Latest on What Media Employers Should Know About the FTC’s Proposed Ban on Non-Competes

By Jamila Brinson The first quarter of 2023 brought a myriad of new laws with which media employers continue to grapple. From ensuring compliance with the Pregnant Workers Fairness Act, which goes into effect in June, to…more

Broadcasting, Employment Contract, Federal Trade Commission (FTC), FTC Act, Media

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Artificial Intelligence Comes to Work

It’s fun to watch old movies and see their predictions for the future. According to the classic 1985 film Back to the Future, the year 2015 would bring us flying cars, self-tying shoes, and—best of all—floating hover boards!…more

Artificial Intelligence, Automation Systems, Bots, Employer Liability Issues, Innovative Technology

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Supreme Court Holds That American Pipe Tolling Does Not Apply to Successive Class Actions

Justice Ginsburg delivered the opinion of the Court in China Agritech, Inc. v. Resh, No. 17-342, in which Chief Justice Roberts and Justices Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch joined. Justice Sotomayor filed an…more

American Pipe & Construction Co. v. Utah, Appeals, China Agritech Inc v Resh, Class Action, Class Certification

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eDiscovery: Tips and Traps (Presentation)

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily…more

Data Retention, Discovery, Document Productions, Electronically Stored Information, Litigation Hold

See all updates »

New Biden Executive Order Places Increased Focus on Noncompete Agreements and Antitrust Enforcement

On July 9, 2021, as part of an executive order announced to promote competition and increase wages for workers, President Biden directed the Federal Trade Commission to consider two key areas affecting employers: first, “to ban…more

Antitrust Violations, Department of Justice (DOJ), Federal Trade Commission (FTC), Human Resources Professionals, No-Poaching

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US Supreme Court Narrows Wetlands Jurisdiction Under Clean Water Act

On May 25, the U.S. Supreme Court issued its decision in Sackett v. EPA which substantially narrows the reach of Section 301(a) of the Clean Water Act (CWA), a provision that prohibits certain discharges of pollutants to…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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What the Energy Industry Should Know About the Inflation Reduction Act

President Joe Biden is set to sign into law the Inflation Reduction Act of 2022 (the “Act”), which is estimated to reduce greenhouse gas emissions by around 40% by 2030 and to invest $369 billion in energy security and climate…more

Biden Administration, Climate Change, Energy Sector, Environmental Policies, Greenhouse Gas Emissions

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COVID-19 and Cameras in the Courtroom: Could the Pandemic and Emerging Technologies Usher in a New Era of Judicial Transparency?

In Estes v. Texas, 381 U.S. 532 (1965), the Supreme Court overturned the fraud conviction of Billy Sol Estes, a political operative for Lyndon B. Johnson, holding that the allowance of cameras in the courtroom and televised…more

Broadcasting, Coronavirus/COVID-19, Judicial Reform, Legal Technology, Rules of Civil Procedure

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Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County…more

Actual Malice, Appeals, Burden of Proof, Corruption, Free Speech

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What Are the Chances of Recovering a Trademark Infringer’s Profits? Recent Opinions by the Supreme Court and Fifth Circuit Provide Some Answers

In a recent decision, Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233, — S.Ct. —-, 2020 WL 1942012 (U.S. Apr. 23, 2020), the U.S. Supreme Court unanimously held that willfulness is not a categorical precondition to an award…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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The Department of Labor’s New Fiduciary Rule: Frequently Asked Questions for Private Fund Advisers

Core elements of the U.S. Department of Labor’s controversial new fiduciary investment advice rule (the “Fiduciary Rule”) became effective on June 9, 2017, despite President Trump’s February 3, 2017 memorandum ordering further…more

Best Interest Contract Exemptions, Broker-Dealer, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Rule

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Justices Hold CWA Settlement Does Not Start the Clock on CERCLA Limitations

In Territory of Guam v. United States, the Supreme Court unanimously held that claims for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) require the…more

CERCLA, Clean Water Act, Clean-Up Costs, Consent Decrees, Contribution Claims

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U.S. Supreme Court Endorses Major Questions Doctrine as Interpretive Canon in EPA Ruling

Last week, the United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the use…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Environmental Protection Agency (EPA)

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Applying for PPP Loan Before March 31st Deadline

Time is of the essence for businesses to apply for relief from the Paycheck Protection Program. Jackson Walker finance partners Lindsey Berwick and John Wittenberg join hosts Art Cavazos and Daniel Maldonado to discuss the…more

Borrowers, Coronavirus/COVID-19, Eligibility, Lenders, Loan Applications

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“Parties’ Words Matter” – New Houston Bankruptcy Court Decision in Chesapeake-ETC Dispute Provides Alternative Paths for Challenging Midstream Contracts

Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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KISSing SAFEly or SAFEly KISSing: The New Financing Instruments for Startups

As the startup community continues to expand around the country, there is an ever-growing need to understand different ways that a company can structure early stage financing so that it can be equipped to discuss with its first…more

Angel Investors, Convertible Notes, Crowdfunding, Financing, Future Equity

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Update to L-2 Spousal Work Authorization: All I-94s in Government Database Receive S Annotation

Due to the COVID-19 pandemic and its aftermath, backlogs for immigration benefits have been at an all-time high, with some benefits—such as the L-2 Spousal EAD—taking up to 12 months or longer…more

Employment Authorization Documents (EAD), Foreign Nationals, Form I-9, Form I-94, H-4 Spouses

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Fifth Circuit Rules: Air Carrier Access Act Does Not Provide Private Right of Action

On April 5, 2018, the United States Court of Appeals for the Fifth Circuit decided Stokes v. Southwest Airlines, 887 F.3d 199 (5th Cir. 2018), which expressly overruled precedent set nearly thirty years ago in Shinault v…more

Air Carrier Access Act (ACAA), Air Carriers, Disability Discrimination, Precedential Opinion, Private Right of Action

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For False Claims Act Cases, SCOTUS Says Courts Should Look at What Defendants Subjectively Knew at Time of Offense

The U.S. Supreme Court recently announced its ruling in United States Ex Rel Schutte v. SuperValu Inc., a case that will impact how corporations will defend themselves in False Claims Act (“FCA”) litigation. In a win for the…more

False Claims Act (FCA), Reasonable Interpretations, Scienter, SCOTUS, US ex rel Tracy Schutte et al v SuperValu Inc et al

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Benefits Planning for Year End and 2024

Retirement Plan Task for Year End - Operational Required Changes for 2024 Long-term part-time employees: Although there is no amendment required to single employer retirement plan documents by December 31, 2023, there are…more

401k, Employee Benefits, Hardship Distributions, Health Plan Sponsors, Individual Retirement Account (IRA)

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U.S. Supreme Court Affirms First Amendment Protection of Elected Bodies to Censure Members

On March 24, 2022, the United States Supreme Court decided Houston Community College System v. Wilson, holding that an elected official does not possess an actionable First Amendment retaliation claim arising from a purely…more

Article III, First Amendment, Free Speech, Petition for Writ of Certiorari, Retaliation

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Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and…more

Building Codes, Building Permits, City Planning Departments, Construction Project, Declaratory Relief

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Charitable Giving in the Time of Coronavirus

It is no secret the Coronavirus has impacted the way Americans live their day-to-day lives. The virus has negatively affected many Americans’ jobs, livelihood, and finances. In such an uncertain time, it may be difficult to…more

Adjusted Gross Income, CARES Act, Charitable Deductions, Charitable Donations, Coronavirus/COVID-19

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Beware September 10th Deadline for Certain “Qualified Opportunity Fund” Investments

The upcoming deadline to make a “capital gain rollover” investment into a “qualified opportunity fund” with respect to certain 2020 pass-through gains is September 10, 2021. Most commonly, this deadline applies to capital gains…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Investments

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Mid-Year FDA Update: What’s New for Dietary Supplements?

The U.S. Food and Drug Administration (“FDA”) regulates both finished dietary supplements (e.g., the “multi-vitamin” tablets that you might buy at the grocery store) and dietary ingredients (e.g., the B vitamins contained in…more

CGMP, Dietary Supplements, Drug Compounding, FDA Warning Letters, Food and Drug Administration (FDA)

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Absolute Intervening Rights: A Silver Lining to Thwarted Post-Grant Challenges

When faced with allegations of patent infringement, many defendants elect to challenge the validity of certain issued patents using the various post-grant proceedings available with the United States Patent & Trademark Office…more

Absolute Intervening Rights Doctrine, Defense Strategies, Ex Partes Reexamination, Inter Partes Review (IPR) Proceeding, Method Claims

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Confidentiality of Water Quality Management Plans in Texas

The Texas State Soil & Water Conservation Board (Soil Board) is responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural nonpoint source pollution in the state of Texas, as provided…more

Agricultural Sector, Clean Water Act, Confidential Information, Environmental Protection Agency (EPA), FOIA

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Austin Mayor Issues Order Regarding Health and Safety Policies for Business Employees and Patrons

Austin Mayor Steve Adler issued an order on Wednesday, June 17, 2020, that mandates all Austin businesses must develop and implement a safety policy related to COVID-19. This order comes following a clarification from Governor…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Infectious Diseases, Policies and Procedures

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Federal Trade Commission Issues Rule Banning Non-Competes in the Workplace

On April 23, 2024, in a 3 to 2 vote, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace. What the Final Rule Prohibits - Scheduled to take effect 120 days…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Healthcare Providers Q&A—Families First Coronavirus Response Act

On Friday, March 20, Jackson Walker presented a webinar discussing key provisions of the Families First Coronavirus Response Act that impact employers most. During the Q&A portion of the webinar, Healthcare partner Jeffery P…more

Coronavirus/COVID-19, Exclusions, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Health Care Providers

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Key Highlights from OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (Updated)

Update: On January 25, 2022, OSHA announced it is withdrawing the vaccination-or-test emergency temporary standard. The withdrawal will be published in the Federal Register and take effect on January 26. The standard will remain…more

Comment Period, Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Employer Mandates

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Mine: All Mine? Texas Ownership of Produced Water and Its Constituent Parts (Lithium)

Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners…more

Groundwater, Mineral Leases, Oil & Gas, Surface Owner, Texas

See all updates »

State Court Clerks in New Mexico Delay Access to Court Records in Violation of the First Amendment, But an Adequate Remedy Proves Elusive

On October 8, 2021, after a preliminary injunction hearing held on September 28, 2021, Judge James O. Browning of the U.S. District Court for the District of New Mexico issued a 92-page opinion in which he found that the New…more

Abstention, Confidential Documents, E-Filing, Electronic Filing, First Amendment

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Texas Legislature Creates the Business Court of Texas and Companion Court of Appeals

In new legislation signed today by Governor Abbott, Texas has revamped its Court system for resolving business disputes with the creation of new trial and appellate courts with judges to be appointed by the governor with the…more

Business Court, Complex Litigation, Corporate Counsel, Governor Abbott, Jurisdiction

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Countdown to the CTA: Reporting Beneficial Ownership Information

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will go into effect. The CTA is a U.S. law (31 U.S. Code § 5336), enacted January 1, 2021, that aims to combat money laundering and other illicit activities…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Governance

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Confidentiality of Water Quality Management Plans in Texas

The Texas State Soil & Water Conservation Board (Soil Board) is responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural nonpoint source pollution in the state of Texas, as provided…more

Agricultural Sector, Clean Water Act, Confidential Information, Environmental Protection Agency (EPA), FOIA

See all updates »

Federal Trade Commission Issues Rule Banning Non-Competes in the Workplace

On April 23, 2024, in a 3 to 2 vote, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace. What the Final Rule Prohibits - Scheduled to take effect 120 days…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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How DFW Planning Departments Are Responding to COVID-19 Pandemic

- Shelter in Place orders have forced cities to reevaluate the procedures for zoning application submittals, staff reviews, and public hearings. - Most cities in DFW are now accepting most zoning applications electronically…more

Applications, City Planning Departments, Coronavirus/COVID-19, Electronic Filing, Operators of Essential Services

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EPA Proposes to Revise Significant Aspects of Methane Rule

Two years ago, the EPA adopted the New Source Performance Standards (NSPS) Subpart OOOOa (commonly known as the Methane Rule), which allowed the EPA – for the first time – to regulate directly the emissions of methane gas from…more

Appeals, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Methane, Moratorium

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eDiscovery: Tips and Traps (Presentation)

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily…more

Data Retention, Discovery, Document Productions, Electronically Stored Information, Litigation Hold

See all updates »

Aviation Flyer - Spring 2013

In This Issue: - The United States Supreme Court’s Competing Guidance Regarding Personal Jurisdiction Over Foreign Manufacturers - Recent French Appeals Court Decision in Concorde Crash Step Forward Towards…more

Airplane Accidents, Federal Aviation Administration (FAA), Foreign Corporations, Personal Jurisdiction, SCOTUS

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How DFW Planning Departments Are Responding to COVID-19 Pandemic

- Shelter in Place orders have forced cities to reevaluate the procedures for zoning application submittals, staff reviews, and public hearings. - Most cities in DFW are now accepting most zoning applications electronically…more

Applications, City Planning Departments, Coronavirus/COVID-19, Electronic Filing, Operators of Essential Services

See all updates »

White Collar Docket Check: US Supreme Court to Decide Key Administrative, Whistleblower, and Due Process Cases This Term

The U.S. Supreme Court began its new term this week and is taking cases government enforcement practitioners will want to follow. Specifically, the Court will address issues concerning: the interplay between SEC administrative…more

Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Cease and Desist Orders, Dodd-Frank

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“Parties’ Words Matter” – New Houston Bankruptcy Court Decision in Chesapeake-ETC Dispute Provides Alternative Paths for Challenging Midstream Contracts

Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

See all updates »

Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act (ESA). The proposal distinguishes between two…more

Endangered Species, Endangered Species Act (ESA), Energy Projects, ESA Listings, Oil & Gas

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September Signals Start of College Football Season and Texas Medical Debt Billing Reforms Under S.B. 490

Physicians, hospitals, and healthcare providers: have you updated your billing practices? As of September, any individual or facility licensed or certified to provide healthcare services in Texas must provide an itemized bill…more

Health Care Providers, Healthcare, Medical Billing Codes, Medical Debt, Reimbursements

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On Section 230, SCOTUS Says It Best When It Says Nothing At All

In the space of a three-page per curiam opinion, Gonzalez v. Google went from blockbuster to nothingburger. The first (and, therefore, the biggest) Section 230 case to be considered on the merits by the U.S. Supreme Court,…more

Antiterrorism Act, Communications Decency Act, Google, Immunity, SCOTUS

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Texas Supreme Court Reaffirms Validity and Scope of General Easements

Friday, February 28th, in Southwestern Electric Power Company v. Lynch et al., the Texas Supreme Court decided a hotly contested case regarding the interpretation of “general easements.” In Texas, the term “general easement”…more

Appeals, Declaratory Judgments, Easements, Energy Sector, Land Owners

See all updates »

Bexar County Continues Restrictions and Imposes Closure of Bars to Mitigate COVID-19

On December 8, 2020, Bexar County Judge Nelson Wolff issued Executive Order NW-18 regarding efforts to mitigate the spread of COVID-19. NW-18 rescinds all previous Bexar County Executive Orders and any Supplemental Executive…more

Bars, Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Abbott

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DOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement Conference in Dallas

On Thursday, September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General…more

Compliance, Corporate Crimes, Corporate Criminal Fines, Corporate Misconduct, Criminal Prosecution

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Texas Adapts Rules for Service of Lawsuits to the New Reality of How We Communicate

Coming soon to your email or direct message inbox—“You’ve been served.” The modes of communication we rely on are continually evolving. In the 1990s, AOL introduced the distinctive sound of “You’ve got mail.” In the 2000s,…more

Amended Rules, Electronic Communications, Email, New Rules, Notification Requirements

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Texas Legislature Imposes Statutory Subordination of Real Estate Mortgages to Oil and Gas Leases

The explosive growth of oil and gas leasing and drilling in the Barnett Shale play turned an issue that had always been a nuisance for the oil and gas industry into a significant problem. When an oil and gas producer takes a…more

Mineral Leases, Mortgages, Oil & Gas, Subordination Agreement

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Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s…more

Anti-SLAPP, Defamation, Evidence, First Amendment, Free Speech

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Alabama Baseball, Iowa Football, and Things Everyone Should Know About Sports Gambling

Over the past five years, online sports wagering has become commonplace in the United States. DraftKings, FanDuel, and BetMGM have become household names. This is the result of the United States Supreme Court’s decision in…more

Gambling, Gaming, NCAA, Sports, Sports Betting

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Texas Attorney General Opinion Finds That Governor’s Emergency Executive Orders Have “The Force and Effect of Law,” Including Criminal Penalties

On September 10, 2021, Williamson County Attorney Dee Hobbs requested an “expedited” ruling from Texas Attorney General Ken Paxton in response to his question of whether executive orders issued by Abbott in response to the…more

Coronavirus/COVID-19, Criminal Penalties, Enforcement, Executive Orders, Governor Abbott

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CARES Act Assists Multifamily Borrowers and Tenants Under Fannie and Freddie Loans

Multifamily property owners with federally backed mortgages now have an avenue of relief under the recently passed Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The law provides up to 90 days of forbearance on…more

Borrowers, CARES Act, Coronavirus/COVID-19, Eviction, Fannie Mae

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Is the Threat of Violence and Discord Killing Free Speech?

Two years ago, I wrote that concerns over campus protests on issues of free speech were not a “manufactured crisis” but rather an increasing threat to free speech and the physical safety of students and speakers alike. The March…more

First Amendment, Free Speech, Protests, Public Policy, Public Safety

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Supreme Court Ruling Curtails Forum-Shopping

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision, overturned…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Due Process, Forum Shopping, Fourteenth Amendment

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New Texas Laws Impacting Businesses

On September 1, 2021, more than 650 new Texas laws went into effect. As businesses ensure compliance with several of the new laws, Jackson Walker provides a summary below of a number of newly effective and upcoming laws…more

Business Codes, Concealed Carry Permit, Concealed Weapons, Coronavirus/COVID-19, Employer No-Weapons Policies

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Labor & Employment Symposium - Topics: Investigations into Sexual Harassment Allegations; State and Local Law Update

Jackson Walker attorneys Sarah Mitchell Montgomery and Sara Harris discuss current labor and employment law topics that might impact you and your company. Topics: Investigations into Sexual Harassment Allegations State and…more

#MeToo, Anti-Harassment Policies, Best Practices, Coronavirus/COVID-19, Employer Liability Issues

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Texas Mayors and County Judges Issue Orders Regarding Local Restrictions

In response to Governor Greg Abbott’s recent proclamation and the rise in COVID-19 infections and hospitalizations in various parts of the state, county judges and mayors continue to issue orders related to restrictions and…more

Coronavirus/COVID-19, Executive Orders, Governor Abbott, Health and Safety, Judges

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Understanding the New EPA Fees for Oil and Gas Companies

Oil and gas companies will soon be required to pay annual fees to the federal government based on their methane emissions. These fees, which the Environmental Protection Agency (EPA) expects will exceed $2 billion over the next…more

Clean Air Act, Environmental Protection Agency (EPA), Fees, Greenhouse Gas Emissions, Inflation Reduction Act (IRA)

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Texas Legislature Imposes Statutory Subordination of Real Estate Mortgages to Oil and Gas Leases

The explosive growth of oil and gas leasing and drilling in the Barnett Shale play turned an issue that had always been a nuisance for the oil and gas industry into a significant problem. When an oil and gas producer takes a…more

Mineral Leases, Mortgages, Oil & Gas, Subordination Agreement

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U.S. Department of Labor’s Final Rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act

On January 9, 2024, the U.S. Department of Labor (“DOL”) announced the issuance of the final rule, Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). According to the DOL, the 339-page…more

Classification, Department of Labor (DOL), Employee Definition, Employees, Fair Labor Standards Act (FLSA)

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IRS: Investment Fund Managers are Subject to Self-Employment Tax

The Office of Chief Counsel of the Internal Revenue Service (the "IRS") recently issued internal guidance in the form of a Chief Counsel Advice (the "CCA") indicating that the IRS has taken the position that the "limited…more

General Partnerships, Investment Adviser, Investment Management, IRS, Limited Liability Company (LLC)

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Mine: All Mine? Texas Ownership of Produced Water and Its Constituent Parts (Lithium)

Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners…more

Groundwater, Mineral Leases, Oil & Gas, Surface Owner, Texas

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“Parties’ Words Matter” – New Houston Bankruptcy Court Decision in Chesapeake-ETC Dispute Provides Alternative Paths for Challenging Midstream Contracts

Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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What’s in an Emoji? How Generational Differences in Communication Impact the Workplace and Can Increase Liability

To meme or not to meme, that is the question. With millennials comprising 35% of the workforce and Gen Z expected to reach 30% by 2030, the use of emojis, emoticons, and memes in the workplace is inevitable. This article…more

Digital Communications, Emoji, Employer Liability Issues, Employment Policies, Human Resources Professionals

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Texas Adapts Rules for Service of Lawsuits to the New Reality of How We Communicate

Coming soon to your email or direct message inbox—“You’ve been served.” The modes of communication we rely on are continually evolving. In the 1990s, AOL introduced the distinctive sound of “You’ve got mail.” In the 2000s,…more

Amended Rules, Electronic Communications, Email, New Rules, Notification Requirements

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Brazil’s LGPD Data Privacy Law to Become Effective Any Day

While it appeared that Brazil’s Lei Geral de Proteção de Dados (LGPD), which was inspired by Europe’s General Data Protection Regulation (GDPR), was going to be postponed until 2021, that is no longer the case. In a shocking…more

Brazil, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Enterprise Data Security For The Securities Lawyer

Assuring cybersecurity has become a necessity for businesses across all industries. Cybercrime — with over $1 trillion in annual profits — is now the most lucrative illegal global business. Any business with computers and…more

Cyber Crimes, Cybersecurity, Data Protection, Fiduciary Duty, Gramm-Leach-Blilely Act

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The Labor and Employment Horizon—2019

If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that…more

Administrative Proceedings, Arbitration Agreements, Civil Rights Act, Class Arbitration, Department of Labor (DOL)

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Texas Mayors and County Judges Issue Orders Regarding Local Restrictions

In response to Governor Greg Abbott’s recent proclamation and the rise in COVID-19 infections and hospitalizations in various parts of the state, county judges and mayors continue to issue orders related to restrictions and…more

Coronavirus/COVID-19, Executive Orders, Governor Abbott, Health and Safety, Judges

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New Texas Laws Impacting Businesses

On September 1, 2021, more than 650 new Texas laws went into effect. As businesses ensure compliance with several of the new laws, Jackson Walker provides a summary below of a number of newly effective and upcoming laws…more

Business Codes, Concealed Carry Permit, Concealed Weapons, Coronavirus/COVID-19, Employer No-Weapons Policies

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The Importance of Documenting Flood Damage

As the effects of Hurricane Harvey begin to dissipate, a number of you have asked another important, practical question: Can I and should I start making temporary repairs and/or removing damaged items from my home?…more

Hurricane Harvey, Inspections, Insurance Claims, Loss Mitigation, Property Damage

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Preparing Employers and Employees for 2021 Benefit Plans Decisions

Join Jackson Walker and Lockton Dunning Benefits as panelists discuss the upcoming 2021 open enrollment season and provide advice on how to communicate with employees about new programs and benefits, including new initiatives in…more

Benefit Plan Sponsors, Contract Terms, Employee Benefits, Employer Group Health Plans, Health Insurance

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Time to Transfer Early Stage Investments?

New rules may stop “cheap” transfers of business interests to kids and grandkids. Proposed IRS regulations that may be effective as early as the end of 2016 are designed to severely limit use of discounts on gifts or sales of…more

Business Valuations, Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer

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City of Dallas Processes First Fee-in-Lieu Payment for Mixed Income Housing Program

The City of Dallas has processed its first fee-in-lieu payment as part of their Mixed Income Housing Development Bonus (MIHDB) program. On May 11, 2022, Dallas City Council approved an amendment to the MIHDB program that allows…more

Affordable Housing, Housing Developers, In-Lieu Fees, Municipalities, Permits

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Tax Planning for a Biden Presidency

This past November, we outlined selected tax law changes that President-elect Joe Biden has proposed, both in speaking engagements and on his campaign website, some or all of which could be enacted in 2021 or future years. As…more

Biden Administration, Bonus Depreciation, Business Taxes, Capital Gains, Corporate Taxes

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FTC Announces Hart-Scott-Rodino Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) announced the adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act)…more

Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Premerger Notifications, Size of Transaction Test

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Labor & Employment Symposium - Topics: Religious Accommodations—Vaccinations; DOL Mental Health Parity Audits

Jackson Walker Attorneys Scott McElhaney and John Koepke, along with Rory Akers from Lockton Dunning Benefits, discuss current labor and employment law topics that may impact you and your company. Topics: Religious…more

Addiction Equity Act, Anti-Discrimination Policies, Artificial Intelligence, Best Practices, Coronavirus/COVID-19

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Using Letters Of Credit For Tenant Credit Enhancement

I. Introduction. Cash security deposits (typically in the amount of one or two month’s rent) have been the traditional form of tenant credit enhancement required by commercial landlords. However, in instances where…more

Automatic Stay, FDIC, Landlords, Letter of Credit, Security Deposits

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Texas Supreme Court Draws Line on Attorney Immunity Privilege

The Texas Supreme Court recently ruled that there are limits on when attorneys are protected by the judicial proceedings privilege or by attorney immunity. Following the Court's decision in Landry's Inc. et al. v. Animal Legal…more

Immunity, Litigation Privilege, Public Statements, TX Supreme Court

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SEC Adopts Sweeping New Private Fund Adviser Rules

On August 23, 2023, the U.S. Securities and Exchange Commission (“SEC”), by a party-line vote of 3-2, adopted new rules applicable to investment advisers to private funds (“Private Fund Advisers”) that address transparency,…more

Audits, Books & Records, Broker-Dealer, Clawbacks, Compliance

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Countdown to the CTA: Reporting Beneficial Ownership Information

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will go into effect. The CTA is a U.S. law (31 U.S. Code § 5336), enacted January 1, 2021, that aims to combat money laundering and other illicit activities…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Governance

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COVID-19 Leads to Delays in Texas Elections

The COVID-19 pandemic is already having a significant impact on the conduct of elections in 2020. Policymakers, candidates, and election officials are working on possible strategies to mitigate transmission of the virus to…more

Coronavirus/COVID-19, Federal Election Commission (FEC), Governor Abbott, Local Elections, State Elections

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Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act (ESA). The proposal distinguishes between two…more

Endangered Species, Endangered Species Act (ESA), Energy Projects, ESA Listings, Oil & Gas

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Applying for PPP Loan Before March 31st Deadline

Time is of the essence for businesses to apply for relief from the Paycheck Protection Program. Jackson Walker finance partners Lindsey Berwick and John Wittenberg join hosts Art Cavazos and Daniel Maldonado to discuss the…more

Borrowers, Coronavirus/COVID-19, Eligibility, Lenders, Loan Applications

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Austin and San Antonio Require Businesses to Continue Posting Health and Safety Policies as Texas Lifts Statewide Mask Mandate and Occupancy Limits

As companies of all types and sizes continue to deal with the potential legal implications of the COVID-19 pandemic for their businesses, Jackson Walker provides insights and resources on the COVID-19 Legal Resources & Insights…more

Coronavirus/COVID-19, Executive Orders, Governor Abbott, Health and Safety, Infectious Diseases

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Mine: All Mine? Texas Ownership of Produced Water and Its Constituent Parts (Lithium)

Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners…more

Groundwater, Mineral Leases, Oil & Gas, Surface Owner, Texas

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White Collar Docket Check: US Supreme Court to Decide Key Administrative, Whistleblower, and Due Process Cases This Term

The U.S. Supreme Court began its new term this week and is taking cases government enforcement practitioners will want to follow. Specifically, the Court will address issues concerning: the interplay between SEC administrative…more

Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Cease and Desist Orders, Dodd-Frank

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SEC Adopts Sweeping New Private Fund Adviser Rules

On August 23, 2023, the U.S. Securities and Exchange Commission (“SEC”), by a party-line vote of 3-2, adopted new rules applicable to investment advisers to private funds (“Private Fund Advisers”) that address transparency,…more

Audits, Books & Records, Broker-Dealer, Clawbacks, Compliance

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US Supreme Court Grabs Attention of Tech Giants as Past Immunity Granted by Section 230 Is Called Into Question

While this was a big week for the United States Supreme Court with the confirmation of Associate Justice Amy Coney Barrett, Justice Clarence Thomas’ written statement following the Court’s October 12, 2020, decision in…more

Big Tech, Civil Liability, Communications Decency Act, Facebook, FCC

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FTC Announces Hart-Scott-Rodino Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) announced the adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act)…more

Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Premerger Notifications, Size of Transaction Test

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Key Considerations for Clinical Investigators When Negotiating Clinical Trial Agreements

Clinical trials are an essential component of the research architecture for developing new drugs and devices. Research institutions and their clinical investigators (“Investigators”) play an important role in supporting drug and…more

Clinical Laboratories, Clinical Trials, Intellectual Property Protection, Investigations, Life Sciences

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Guidelines for Evaluating Claims for Religious Exemptions From Vaccine Mandates

Although the Occupational Safety and Health Administration (OSHA) has withdrawn its COVID-19 Vaccination and Testing Emergency Temporary Standard following the Supreme Court’s stay of the requirement that employers with over 100…more

Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employment Policies

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COVID-19 and Cameras in the Courtroom: Could the Pandemic and Emerging Technologies Usher in a New Era of Judicial Transparency?

In Estes v. Texas, 381 U.S. 532 (1965), the Supreme Court overturned the fraud conviction of Billy Sol Estes, a political operative for Lyndon B. Johnson, holding that the allowance of cameras in the courtroom and televised…more

Broadcasting, Coronavirus/COVID-19, Judicial Reform, Legal Technology, Rules of Civil Procedure

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Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and…more

Building Codes, Building Permits, City Planning Departments, Construction Project, Declaratory Relief

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Court Orders Dakota Access Pipeline Shut Down

On July 6, 2020, Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued a ruling ordering that the Dakota Access Pipeline (the Pipeline) be shut down and emptied by August 5, 2020. The decision…more

Energy Sector, Environmental Assessments, Environmental Impact Statements, Environmental Litigation, NEPA

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How Pro Bono Work Can Strengthen A Law Firm

When asking a lawyer what the expression "pro bono" means, there may be a few different answers, as there is no one agreed-upon definition of what constitutes pro bono work. In the simplest sense, pro bono work is when a lawyer…more

Client Services, Law Practice Management, Legal Ethics, Pro Bono, Professional Development

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The SEC’s Climate Disclosure Requirements Are Heating Up

On April 11, 2022, the Securities and Exchange Commission (SEC) proposed to require public companies to disclose extensive climate-related information in registration statements and periodic reports (including Forms 10-K and…more

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

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Texas Supreme Court Clarifies Standard for Qualifying for Workers’ Compensation Act’s Intentional-Injury Exception

The Texas Supreme Court recently clarified that the Workers’ Compensation Act’s intentional-injury exception applies only to situations where the employer purposefully causes injury or when the employer believes “that its…more

Commercial Truck Drivers, Employer Liability Issues, Intentional Injury Exception, Trucking Accident, TX Supreme Court

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Intellectual Property Basics

This handout provides an entry level discussion of intellectual property and sets out IP action steps. TABLE OF CONTENTS - Introduction - Trademarks - Copyrights - Patents - Trade Secrets - Keep Attorneys From Owning…more

Copyright, Descriptive Trademarks, Intellectual Property Protection, IP Assignment Agreements, Likelihood of Confusion

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Labor & Employment Symposium - Topic: Taking a Deeper Dive into Enhanced Sexual Harassment Laws in Texas

Jackson Walker attorneys Jamila Brinson and Michelle Mishoe Miller discuss current labor and employment law topics that might impact you and your company. Topic: Taking a Deeper Dive into Enhanced Sexual Harassment Laws in…more

Anti-Harassment Policies, Best Practices, Employer Liability Issues, New Legislation, Sexual Harassment

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What Health Care Providers and Facilities Should Know About the PREP Act's "Covered Countermeasures"

As many businesses and those in the health care industry wonder what protections, if any, they have against COVID-19-related litigation claims, Jackson Walker's Healthcare practice chair, Virginia Mimmack, and healthcare…more

Coronavirus/COVID-19, Covered Person, Employer Liability Issues, Health and Safety, Health Care Providers

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Labor & Employment Symposium - Topics: Investigations into Sexual Harassment Allegations; State and Local Law Update

Jackson Walker attorneys Sarah Mitchell Montgomery and Sara Harris discuss current labor and employment law topics that might impact you and your company. Topics: Investigations into Sexual Harassment Allegations State and…more

#MeToo, Anti-Harassment Policies, Best Practices, Coronavirus/COVID-19, Employer Liability Issues

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What to Know About the Department of Justice’s Nationwide Crackdown on Healthcare Fraud

This month, the Department of Justice (DOJ)—as a product of the Criminal Division’s continued efforts to combat healthcare fraud—announced criminal charges against over 100 defendants, including 42 doctors, nurses, and other…more

Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Health Care Providers

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Texas Comptroller Extends May 15 Texas Franchise Tax Filing Deadline

Franchise Tax Extended Due Date - The Texas Comptroller of Public Accounts is automatically extending the due date for 2020 Texas franchise tax reports to July 15, 2020, to be consistent with the Internal Revenue Service…more

Filing Deadlines, Franchise Taxes, Fund Transfers, Income Taxes, IRS

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Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification precedent…more

Article III, Causation, Certiorari, Class Action, Class Certification

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Dallas County Amends COVID-19 Public Health Control Order as State Enters Phase Two of Open Texas Plan

On May 8, 2020, Dallas County Judge Clay Jenkins issued an amended public health control order which brings the current scope of Dallas County’s COVID-19 regulation of reopening businesses and services closer to recent statewide…more

Coronavirus/COVID-19, Employer Responsibilities, Governor Abbott, Health and Safety, Infectious Diseases

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City of Dallas Processes First Fee-in-Lieu Payment for Mixed Income Housing Program

The City of Dallas has processed its first fee-in-lieu payment as part of their Mixed Income Housing Development Bonus (MIHDB) program. On May 11, 2022, Dallas City Council approved an amendment to the MIHDB program that allows…more

Affordable Housing, Housing Developers, In-Lieu Fees, Municipalities, Permits

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CMS to Require Vaccinations for Workers at Medicare and Medicaid-Certified Facilities

The Centers for Medicare & Medicaid Services (CMS) has announced that it will issue emergency regulations expanding its requirement for nursing home staff to be vaccinated to include workers at Medicare and Medicaid-certified…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Coronavirus/COVID-19, Health Care Providers, Healthcare Workers

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Austin, Travis and Williamson Counties Order Residents to Stay Home, Work Safe

On March 24, 2020, the City of Austin and Travis and Williamson counties each issued a “shelter in place” order to remain in effect until April 13, 2020, unless extended. The Orders generally require residents to remain at home…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Health and Safety, Operators of Essential Services

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White Collar Docket Check: US Supreme Court to Decide Key Administrative, Whistleblower, and Due Process Cases This Term

The U.S. Supreme Court began its new term this week and is taking cases government enforcement practitioners will want to follow. Specifically, the Court will address issues concerning: the interplay between SEC administrative…more

Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Cease and Desist Orders, Dodd-Frank

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U.S. Supreme Court Endorses Major Questions Doctrine as Interpretive Canon in EPA Ruling

Last week, the United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the use…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Environmental Protection Agency (EPA)

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“Procedural and Evidentiary Issues in Condemnation Cases: What Gets in and What Doesn’t?”

Traditional eminent domain trial work is unique. Liability, in the true sense of the word, is not at issue, and very often there is only one simple question for the jury to answer – what amount of money will adequately and…more

Condemnation, Eminent Domain, Evidence, Rules of Civil Procedure

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Federal Court Allows Bank to Utilize Eligibility Restrictions for Paycheck Protection Program Loans

A Maryland Federal Court denied an emergency motion seeking to block a bank from applying eligibility restrictions to its lending under the recently enacted Paycheck Protection Program (PPP). In the case of Profiles Inc. v. Bank…more

Banking Sector, Borrowers, CARES Act, Coronavirus/COVID-19, Eligibility

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Proposed Bill Seeks to Limit the Audacity of Opacity on the Internet

Online platforms may soon face restrictions on how they use personal data to customize content and information feeds to users. Recently proposed bipartisan legislation in the U.S. House of Representatives aims to fundamentally…more

Algorithms, Artificial Intelligence, Federal Trade Commission (FTC), FTC Act, Online Platforms

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Texas House Passes Pandemic Liability Protection Act

Texas businesses watched the 2021 Texas legislative session closely for the potential pandemic liability relief provided in Senate Bill 6 (SB 6), or the Pandemic Liability Protection Act. With the passage of SB 6, Jackson Walker…more

Coronavirus/COVID-19, Distributors, Health and Safety, Health Care Providers, Liability

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COVID-19 and Cameras in the Courtroom: Could the Pandemic and Emerging Technologies Usher in a New Era of Judicial Transparency?

In Estes v. Texas, 381 U.S. 532 (1965), the Supreme Court overturned the fraud conviction of Billy Sol Estes, a political operative for Lyndon B. Johnson, holding that the allowance of cameras in the courtroom and televised…more

Broadcasting, Coronavirus/COVID-19, Judicial Reform, Legal Technology, Rules of Civil Procedure

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The Gray Area of Social Media: When Politics and Democracy Collide

Widely considered a star of social media, Alexandria Ocasio-Cortez backed down from a Twitter fight in the form of a lawsuit filed by one of her Twitter followers. The suit, filed by former New York assemblyman Dov Hikind,…more

First Amendment, Free Speech, Government Speech Doctrine, Public Officials, Social Media

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Conflict Minerals: Dodd-Frank, the SEC's Rule...and Beyond

Designed to reduce funding sources for those perpetrating human rights abuses and engaging in armed conflict in the Democratic Republic of the Congo ("DRC") and adjoining countries, Section 1502 of the Dodd-Frank Wall Street…more

Conflict Mineral Rules, Consumer Protection Act, Dodd-Frank, Securities and Exchange Commission (SEC)

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‘A Primer on Marketing Hydrocarbons’ Presentation

Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas and…more

Breach of Contract, Buyers, Contract Negotiations, Contract Terms, Damages

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Chapter 15 Bankruptcy Issues, Venue, and Jurisdiction by Kristhy Peguero and Jennifer Wertz

Many of us have a basic understanding of U.S. bankruptcy filings under chapters 7, 11, and 13, but we may not know very much about chapter 15. Jackson Walker Bankruptcy, Restructuring, & Recovery attorneys Kristhy Peguero and…more

Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Cross-Border, Debt Restructuring

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Second Circuit Narrows Defend Trade Secrets Act Remedies

The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further…more

Actual Damages, Confidential Information, Corporate Counsel, Defend Trade Secrets Act (DTSA), Intellectual Property Protection

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For False Claims Act Cases, SCOTUS Says Courts Should Look at What Defendants Subjectively Knew at Time of Offense

The U.S. Supreme Court recently announced its ruling in United States Ex Rel Schutte v. SuperValu Inc., a case that will impact how corporations will defend themselves in False Claims Act (“FCA”) litigation. In a win for the…more

False Claims Act (FCA), Reasonable Interpretations, Scienter, SCOTUS, US ex rel Tracy Schutte et al v SuperValu Inc et al

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Morality Clauses Take Center Stage: Tips to Help Protect Your Next Project From Being Associated With Talent Controversy

Here is a seemingly trending tale in Hollywood: A film production has cast the lead role. The press release has been made. The news is trending on social media. Investments are starting to pour in. But then controversy strikes…more

Actors, AFTRA, Entertainment Industry, Film Industry, Morals Clauses

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IRS Announces Voluntary Disclosure Program for Employee Retention Tax Credits

On December 21, 2023, the Internal Revenue Service (IRS) issued Announcement 2024-3, setting forth the parameters of a voluntary disclosure program (the “Program”) for taxpayers to resolve Employee Retention Tax Credit (ERTC)…more

Criminal Investigations, Employee Retention, IRS, Penalties, Tax Credits

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Justice Department Condemns Agreements Among Competing Medical Providers That Limit Treatment Options

The Department of Justice recently sent a stark message to medical providers (and other businesses) that agreements to allocate services, employees, and customers among competing providers will be prosecuted under criminal…more

Antitrust Investigations, Antitrust Violations, Competition, Compliance, Criminal Antitrust Litigation

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Using Prepackaged Plans to Speed Through Bankruptcy Courts by Veronica Polnick

Not all bankruptcy plans need to be drawn-out or costly affairs. Jackson Walker attorney Veronica Polnick explains how a bankruptcy prepack plan speeds up the time it takes to emerge from bankruptcy proceedings. One such example…more

Bankruptcy Court, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debt Restructuring

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Using Supplier Agreements as Patent Litigation Insurance

In a recent article written for Today’s General Counsel, patent attorney Wasif Qureshi discusses how customers can lessen risks when sued for patent infringement as a result of using technology obtained from a third party…more

Indemnification Clauses, Intellectual Property Protection, Litigation Insurance, Patent Infringement, Patent Litigation

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Texas Federal District Judge: Use of Drones for Newsgathering Protected by First Amendment

In considering whether a Texas law banning the use of drones for surveillance purposes violates the First Amendment, a federal judge sitting in Austin held the law infringes on the right of journalists to document and…more

Constitutional Challenges, Drones, First Amendment, Journalism, Photographs

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Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act (ESA). The proposal distinguishes between two…more

Endangered Species, Endangered Species Act (ESA), Energy Projects, ESA Listings, Oil & Gas

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IRS Provides for Expedited Loans and Hardship Distributions from Retirement Plans

The IRS announced last week that it will allow victims of Hurricane Harvey and their families to more easily access assets held in employer-sponsored retirement plans. Specifically, the IRS will allow certain retirement plans to…more

401k, 403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, Employee Benefits

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Handling Your First (Or Next) Oil And Gas Case: Who Is The Client? Operative Documents, Necessary Parties, And Knowing Your Limits

As part of TexasBarCLE’s “Handling Your First (or Next)” series, Jackson Walker partner Amy Osberg Roberts presented a discussion on “Who Is the Client? Operative Documents, Necessary Parties, and Knowing Your Limits” in oil and…more

Contract Terms, Defense Strategies, Discovery, Failure to Join Necessary Party, Litigation Strategies

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The Importance of Documenting Flood Damage

As the effects of Hurricane Harvey begin to dissipate, a number of you have asked another important, practical question: Can I and should I start making temporary repairs and/or removing damaged items from my home?…more

Hurricane Harvey, Inspections, Insurance Claims, Loss Mitigation, Property Damage

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Jackson Walker Advises Journalists on Potential Legal Issues Regarding Election Day Coverage

Jackson Walker lawyers around Texas will be assisting the Reporters Committee for Freedom of the Press in advising journalists on issues they may face at polling places on November 6, 2018. Journalists could face an array of…more

Election Results, Exit Polling, First Amendment, Freedom of the Press, General Elections

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Texas Legislative Update on Governor Abbott’s Special Session Agenda

Today, Texas legislators will reconvene for a special session to address the 11 agenda items recently issued by Governor Abbott. This article summarizes the items up for discussion during the session, including two emergency…more

Governor Abbott, Legislative Agendas, Special Sessions, State and Local Government, State Elections

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Ex Parte Reexamination May Cost Apple $177 Million

On May 24, 2018, Apple was awarded a verdict of $533 million for Samsung’s infringement of three Apple design patents. While unsuccessful ex parte reexaminations (EPRs) were filed against two of those three design patents, the…more

Apple, Apple v Samsung, Article of Manufacture, Attorney's Fees, Damages

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Texas Mayors and County Judges Issue Orders Regarding Local Restrictions

In response to Governor Greg Abbott’s recent proclamation and the rise in COVID-19 infections and hospitalizations in various parts of the state, county judges and mayors continue to issue orders related to restrictions and…more

Coronavirus/COVID-19, Executive Orders, Governor Abbott, Health and Safety, Judges

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“Parties’ Words Matter” – New Houston Bankruptcy Court Decision in Chesapeake-ETC Dispute Provides Alternative Paths for Challenging Midstream Contracts

Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Beware September 10th Deadline for Certain “Qualified Opportunity Fund” Investments

The upcoming deadline to make a “capital gain rollover” investment into a “qualified opportunity fund” with respect to certain 2020 pass-through gains is September 10, 2021. Most commonly, this deadline applies to capital gains…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Investments

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FTC Announces Hart-Scott-Rodino Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) announced the adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act)…more

Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Premerger Notifications, Size of Transaction Test

See all updates »

Is There Anything Improper About Taking a Vacation During FMLA Leave?

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so…more

Adverse Employment Action, Anti-Retaliation Provisions, Corporate Counsel, Employee Benefits, Employee Rights

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Artificial Intelligence Comes to Work

It’s fun to watch old movies and see their predictions for the future. According to the classic 1985 film Back to the Future, the year 2015 would bring us flying cars, self-tying shoes, and—best of all—floating hover boards!…more

Artificial Intelligence, Automation Systems, Bots, Employer Liability Issues, Innovative Technology

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Supply Chain Due Diligence Requirements for Certain Companies Doing Business in Germany Soon to Go Into Effect

On January 1, 2023, the so-called Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz) (the “Act”) will go into effect in Germany. Many companies doing business in Germany will need to ready their compliance…more

Corporate Governance, Corporate Social Responsibility, Due Diligence, Environmental Liability, Environmental Social & Governance (ESG)

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Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in FLSA Cases

On June 6, 2022, the Supreme Court addressed two cases involving employment law issues. The Court’s significant opinion in Southwest Airlines Co. v. Saxon regarding the scope of the residual clause contained in Section 1 of the…more

Arbitration, Corporate Counsel, Fair Labor Standards Act (FLSA), Federal Arbitration Act, Fifth Amendment

See all updates »

Federal Eviction Moratorium Broadened and Extended Through the End of 2020

On Tuesday, September 1, the Trump administration announced an order, put forward by the Centers for Disease Control and Prevention, that claims to suspend residential evictions through the end of the year for many tenants who…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Executive Orders

See all updates »

Texas Supreme Court Grants ERCOT Sovereign Immunity

On June 23, in CPS Energy v. Electric Reliability Council of Texas, the Texas Supreme Court held that the Electric Reliability Council of Texas (ERCOT) is entitled to sovereign immunity, concluding that ERCOT is an “arm of the…more

Exclusive Jurisdiction, Public Utility, Sovereign Immunity, Statutory Authority, Statutory Requirements

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Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

In an ongoing effort to update our financial institution clients about developments in Texas jurisprudence that may impact them, we bring to your attention a recent decision of particular importance to mortgage and home equity…more

Dismissals, JPMorgan Chase, Loans, Mortgages, Putative Class Actions

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A Short Course on Online Notarization

Notary publics are the Rodney Dangerfields of the legal industry. They get no respect, yet their contributions to the legal community are priceless, particularly to real estate attorneys and title companies seeking to record…more

Civil Code, Electronic Notarization Standard, New Legislation, Public Notaries, Rules of Practice

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USCIS 2024 H-1B Cap Initial Registration Period Approaches

On January 27, 2023, USCIS announced the initial registration period for 2024 H-1B visa cap. Prospective petitioners and representatives will be able to complete and submit their registrations online on the H-1B visa…more

Electronic Filing, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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British Bankers Association No Longer Administering LIBOR

Effective as of February 1, 2014, Intercontinental Exchange (ICE) Benchmark Administration Ltd. took over as the new administrator of LIBOR. A new administrator to replace the British Banker's Association (BBA) is one of the…more

British Bankers' Association, Libor, UK

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CMS Issues Final Rule, Making it Easier to Sue Nursing Facilities

Beginning November 28, 2016, pre-dispute arbitration agreements will no longer be permissible for skilled nursing facilities and nursing facilities participating in the Medicare and Medicaid programs. 42 C.F.R. § 483.70(n). On…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, Nursing Homes, Pre-Dispute Arbitration

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Tax Planning for a Biden Presidency

This past November, we outlined selected tax law changes that President-elect Joe Biden has proposed, both in speaking engagements and on his campaign website, some or all of which could be enacted in 2021 or future years. As…more

Biden Administration, Bonus Depreciation, Business Taxes, Capital Gains, Corporate Taxes

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The Trump Administration Retweets and Retreats

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about everything…more

Administrative Agencies, First Amendment, Former Employee, Identity of Interest, Political Speech

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Protection of Critical Infrastructure via LIPA and ICTS

When it comes to critical infrastructure such as electricity, water treatment, internet connectivity, and hazardous waste management, many fear that foreign governments may find ways to infiltrate those systems. To proactively…more

Critical Infrastructure Sectors, Departments of Commerce, Energy Sector, Information and Communication Technology (ICT), Prohibited Transactions

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Beware: Breaking NCAA Rules Could Result In A Visit From the FBI (and Worse)

College sports in the United States is a cash cow, with billion-dollar television deals, hundred-million dollar apparel deals, and some coaches earning in excess of seven-million dollars annually. This revenue generation has…more

Bribery, Coaches, Colleges, Criminal Investigations, FBI

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Pregnant Workers Fairness Act to Take Effect June 27, 2023, Following the PUMP for Nursing Mothers Act

With the “PUMP Act” (Providing Urgent Maternal Protections for Nursing Mothers Act) already in effect and the “PWFA” (Pregnant Workers Fairness Act) taking effect on June 27, 2023, is your company in compliance with these big…more

Breastfeeding, Employer Liability Issues, Fair Labor Standards Act (FLSA), Lactation Accommodation, State Labor Laws

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Child Support Liens in Texas – What Every Insurer Should Be Doing Before Settlement

If you are an insurer or are settling a claim with insurance funds, and you are contemplating settling a case in Texas, identification of Plaintiff’s child support liens—if any—and proper payment of these liens is mandatory in…more

Child Support, Insurance Claims, Insurer Liability, Liens, Reporting Requirements

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Common Issues in Government Procurement and Contracting with John Edwards and William Stowe

When it comes to government contracts and procurement issues, even the savviest of businesses can need help navigating the applicable laws and the often-complicated regulations. From the initial request for proposal (RFP)…more

Bid Protests, Federal Contractors, Procurement Guidelines, Request for Proposals

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Cheers to the Holidays—and Property Taxes

The holiday season is in full swing which means Christmas cookies, New Year’s resolutions, and property taxes… Wait. What? Yes, if you or your clients are aircraft owners in Texas, you should already be thinking about 2019…more

Aircraft, Aircraft Equipment, Appraisers, Personal Property, Property Tax

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Government Shutdowns and Immigration Processes: What to Expect

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain U.S…more

Customs and Border Protection, Department of Labor (DOL), E-3, Executive Office for Immigration Review (EOIR), Government Shutdown

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Filing Insurance Claims After the Texas Winter Storm

As Texas businesses deal with property damages following the winter storm, Jackson Walker insurance litigation partner Chris Thompson discusses what business owners should consider when beginning the process of filing insurance…more

Insurance Claims, Insurance Industry, Policy Terms, Property Damage, Property Insurance

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Mandatory BEA Filings: Have You Complied?

Is your business owned, directly or indirectly, 10 percent or more by a foreign party? Does your business own, directly or indirectly, 10 percent or more of a foreign party? If so, your business may have the legal…more

BEA, Bureau of Economic Analysis, Filing Requirements, Foreign Affiliates, Foreign Direct Investment

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Conditional Permanent Residents Take Note: USCIS Has Extended Validity of Permanent Resident Cards

On January 23, 2023, USCIS announced an extension of the validity of permanent resident cards (“green cards”) to accommodate current processing times for forms I-829 and I-751. As a result, new receipt notices will be issued to…more

Foreign Nationals, Green Cards, I-829 Petitions, Immigrants, Immigration Procedures

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Tax Planning for a Biden Presidency

This past November, we outlined selected tax law changes that President-elect Joe Biden has proposed, both in speaking engagements and on his campaign website, some or all of which could be enacted in 2021 or future years. As…more

Biden Administration, Bonus Depreciation, Business Taxes, Capital Gains, Corporate Taxes

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U.S. Supreme Court Endorses Major Questions Doctrine as Interpretive Canon in EPA Ruling

Last week, the United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the use…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Environmental Protection Agency (EPA)

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Expect New Standards for Landfills, Industrial Sites as EPA Tackles PFAS Discharge in Water

The U.S. Environmental Protection Agency (EPA) recently issued the Effluent Guidelines Program Plan 15 to address the widespread “forever chemicals,” known as per- and polyfluoroalkyl substances (PFAS), found in water, air,…more

Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Landfills

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Justices Hold CWA Settlement Does Not Start the Clock on CERCLA Limitations

In Territory of Guam v. United States, the Supreme Court unanimously held that claims for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) require the…more

CERCLA, Clean Water Act, Clean-Up Costs, Consent Decrees, Contribution Claims

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Proposed Building Code Amendment is Harsh Reflection of Glaring Controversy

In what came as a complete surprise to many in the development industry, an otherwise low-profile City of Dallas board, the Building Inspection Advisory, Examining and Appeals Board, met on July 11 to recommend approval of a…more

Building Codes, Local Ordinance, Proposed Legislation

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Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location…more

Air Quality Standards, Clean Air Act, Permits, Preemption

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On Section 230, SCOTUS Says It Best When It Says Nothing At All

In the space of a three-page per curiam opinion, Gonzalez v. Google went from blockbuster to nothingburger. The first (and, therefore, the biggest) Section 230 case to be considered on the merits by the U.S. Supreme Court,…more

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Candidate’s Guide to Election Free Speech, Campaign Ads, and Social Media

With the 2022 midterm elections around the corner and the 2024 presidential election less than two years away, candidates from all parties are intensifying efforts to reach voters through the media and, in more recent cycles,…more

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Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act (ESA). The proposal distinguishes between two…more

Endangered Species, Endangered Species Act (ESA), Energy Projects, ESA Listings, Oil & Gas

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Chapter 15 Bankruptcy Issues, Venue, and Jurisdiction by Kristhy Peguero and Jennifer Wertz

Many of us have a basic understanding of U.S. bankruptcy filings under chapters 7, 11, and 13, but we may not know very much about chapter 15. Jackson Walker Bankruptcy, Restructuring, & Recovery attorneys Kristhy Peguero and…more

Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Cross-Border, Debt Restructuring

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What Do Revised CDC Guidelines Mean for the Workplace?

On Thursday, May 13th , CDC Director Dr. Rochelle Walensky stated that fully vaccinated people in the U.S. can resume activities, both inside and outside, without having to socially distance or wear a mask. Before returning to…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Health and Safety

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What the IRS is Saying Lately about the Employee Retention Tax Credit

The employee retention tax credit (“ERTC”) has garnered a lot of “buzz” lately – both from the IRS and businesses who have either received the credit or are seeking the credit. The buzz is well deserved, as the IRS has recently…more

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An Overview of US Government Actions After Closures of Silicon Valley Bank and Signature Bank

Below is a brief synopsis of the failures of Silicon Valley Bank (“SVB”) and Signature Bank, NA (“Signature Bank”) and the actions taken by the U.S. government in response to these failures. Silicon Valley Bank (California)…more

Banking Sector, Banks, Deposit Insurance, Depository Institutions, FDIC

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One of These Things Is Not Like the Other: SCOTUS Narrows the TCPA’s Application in Autodialer Cases, But Certain Marketing and Messaging Practices Are Still at Risk

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ATDS, Auto-Dialed Calls, Do Not Call List, Facebook, Facebook Inc v Duguid

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What’s in an Emoji? How Generational Differences in Communication Impact the Workplace and Can Increase Liability

To meme or not to meme, that is the question. With millennials comprising 35% of the workforce and Gen Z expected to reach 30% by 2030, the use of emojis, emoticons, and memes in the workplace is inevitable. This article…more

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USCIS Increases Filing Fees for Certain Immigration Petitions and Applications

On August 3, 2020, USCIS published a final rule that will increase filing fees for certain petitions and applications to help recover its operational costs. The final rule goes into effect on October 2, 2020, and any…more

Adjustment of Status, Electronic Filing, Filing Fees, Final Rules, Foreign Workers

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Avoiding Fashion Faux Pas: Factors to Consider When Drafting Agreements for Fashion Companies

In order to properly run a successful business and create a solid brand, fashion companies need to enter into many agreements that span the areas of corporate, real estate, and intellectual property. This article provides some…more

Brand, Celebrity Endorsements, Endorsements, Fashion Branding, Fashion Industry

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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