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Some Firings Based on Social Media Use May Be Okay

In early November, an administrative law judge of the National Labor Relations Board dismissed a complaint filed against an employer, finding that the employer did not violate the National Labor Relations Act by withdrawing…more

Employer Liability Issues, NLRA, Social Media, Termination

See all updates »

Banks, Payments and Fintech—Staying Nimble and Customer-Focused during a Pandemic

Recently, Pillsbury’s Deborah Thoren-Peden sat down with a panel of experts that included Millicent Calinog Tracey (former Wells Fargo SVP), Samantha Ettus (founder and CEO of Park Place Payments) and Pillsbury partner John…more

Banks, Coronavirus/COVID-19, FinTech, Merchants, Online Payments

See all updates »

Web Scraping Watch: Cases Set to Clarify Application of the Computer Fraud and Abuse Act

For years, website owners have leveraged the federal Computer Fraud & Abuse Act (CFAA) as a tool to combat unauthorized scraping of data and other content from their websites. Due to a circuit court split on the interpretation…more

Cease and Desist, Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Data Collection, Web Scraping

See all updates »

The EU and UK Introduce New IoT Security Standards

The FCC’s recent introduction of a new Voluntary Cybersecurity Labelling Program for consumer Internet of Things (IoT) products reflects the continued desire by U.S. regulators to bolster the security of the ever-increasing…more

Compliance, Cybersecurity, Data Security, Distributors, EU

See all updates »

“Imparted Urgency” for Digital Currencies and the Death Rattle of SAFTs and ICOs

On the newest episode of Industry Insights podcast, host Joel Simon and Daniel Budofsky discussed digital securities and virtual currencies. Joel Simon: While the world has been busy battling COVID-19, it has been making…more

Bitcoin, Cryptocurrency, Digital Currency, Initial Coin Offering (ICOs), Simple Agreement for Future Tokens (SAFT)

See all updates »

U.S. Department of the Treasury Confronts the Risks to the Financial Sector Associated with Cloud Computing

On February 8, 2023, the U.S. Department of the Treasury released a report citing its “findings on the current state of cloud adoption in the sector, including potential benefits and challenges associated with increased…more

Cloud Computing, Cloud Service Providers (CSPs), Cybersecurity, Financial Institutions, Financial Services Industry

See all updates »

Regulators Zero In on AI

As previously discussed, financial services regulators are increasingly focused on how businesses use artificial intelligence (AI) and machine learning (ML) in underwriting and pricing consumer finance products. Although…more

Algorithms, Artificial Intelligence, Compliance, Consumer Financial Protection Bureau (CFPB), Data Collection

See all updates »

Recent Appellate Decisions Clarify the “NonCommercial” Requirement of the Creative Commons ShareAlike License

Anyone who has spent time scouring the internet for free-to-use content has likely come across pictures, written materials and music permissively licensed under one or more of the Creative Commons licenses. These licenses tend…more

Copyright, Copyright Infringement, Creative Commons License, Non-Commercial Use

See all updates »

The Merge: Ethereum’s Long-Awaited Overhaul May Be Imminent

Ethereum, the second largest blockchain-based platform by market cap, is tentatively scheduled to convert its consensus mechanism from proof-of-work (PoW), which incentivizes miners to solve mathematical puzzles to update the…more

Blockchain, Cryptocurrency, Digital Assets, Virtual Currency

See all updates »

Simulations Are Driving Growth in Esports

Car racing games have long attracted avid gamers. There’s the Gran Turismo series, the appeal of which wasn’t just the number of cars and tracks available, but also the ability to simulate a racing season and race against other…more

eSports, Gaming, Online Gaming, Video Games, Virtual Reality

See all updates »

No Exceptions for AI: The FTC Hosts a Tech Summit to Discuss the Impacts of AI on Consumers and Competition

On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and related…more

Anti-Competitive, Artificial Intelligence, Competition, Confidential Information, Data Privacy

See all updates »

The EU and UK Introduce New IoT Security Standards

The FCC’s recent introduction of a new Voluntary Cybersecurity Labelling Program for consumer Internet of Things (IoT) products reflects the continued desire by U.S. regulators to bolster the security of the ever-increasing…more

Compliance, Cybersecurity, Data Security, Distributors, EU

See all updates »

Power Grids and Points of Vulnerability: Keeping the Lights on Amid Cybersecurity Concerns

Although that new smart refrigerator might seem like a fun gadget and great way to sync up grocery lists, smart appliances have the potential to become vectors in malicious power grid attacks. Or what about the increasingly…more

Cyber Attacks, Cyber Threats, Cybersecurity, Energy Sector, Popular

See all updates »

FCC Expands Reach of Telephone Consumer Protection Act

In late July, we posted our client alert titled FCC Expands Reach of Telephone Consumer Protection Act. The Alert discusses the FCC’s July 10, 2015 long-awaited omnibus Declaratory Ruling and Order…more

ATDS, Compliance, FCC, Prior Express Consent, Robocalling

See all updates »

NFT Contracting in a Volatile New Market

The non-fungible token (NFT) market has grown dramatically over the past 24 months. NFTs first garnered widespread attention when the artist Beeple sold digital artwork at Christie’s in March 2021 for $69 million. According to…more

Art, Blockchain, Copyright, Digital Assets, Digital Currency

See all updates »

Stand-Alone AI-Generated Content Is Not Copyrightable

On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Intellectual Property Protection

See all updates »

No Exceptions for AI: The FTC Hosts a Tech Summit to Discuss the Impacts of AI on Consumers and Competition

On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and related…more

Anti-Competitive, Artificial Intelligence, Competition, Confidential Information, Data Privacy

See all updates »

Casinos Go Virtual

In late February 2013 the New Jersey Legislature passed legislation allowing on-line wagering, subject to certain limitations. This legislation was signed into law by Governor Chris Christie. Under the new law, licensed…more

Casinos, Chris Christie, Licenses, Online Gaming

See all updates »

Non-Fungible Tokens and Art that Lives on the Blockchain

Non-fungible tokens (or NFTs) are unique blockchain-based tokens that can represent almost anything, including physical assets. NFTs have been growing significantly in popularity in recent years because of this potential to…more

Art, Art Auctions, Blockchain, Copyright, Digital Assets

See all updates »

A New Dawn for Copyright in AI-Generated Works?

On February 21, 2023, the Copyright Office eclipsed its prior decisions in the area of AI authorship when it partially cancelled Kristina Kashtanova’s registration for a comic book titled Zarya of the Dawn. In doing so, the…more

Artificial Intelligence, Copyright, Copyright Office, Corporate Counsel, Machine Learning

See all updates »

Court Docket Trumps COVID-19 Concerns, at Least in One Court

Think COVID-19 constitutes good cause to extend imminent court deadlines? Don’t be so sure. Last Thursday, the Hon. Rodney Gilstrap, Chief Judge in the Eastern District of Texas, denied a joint motion to extend discovery cut-off…more

Coronavirus/COVID-19, Infectious Diseases, Patent Infringement, Patent Litigation

See all updates »

Transferring Customer Data in an Asset Sale

In today’s world, consumer data is a huge asset for companies across all industries, in particular those in technology-focused spaces like social media, apps, wearables, and retailers involved in e-commerce. The value of such…more

Chapter 11, Commercial Bankruptcy, Confidential Information, Data Privacy, Data Protection

See all updates »

Shining Light on the Algorithms in Your Company’s Black Box

Artificial intelligence has long since evolved from a technology with exciting potential to a near ubiquitous and integral component in the day-to-day conduct of many businesses…more

Algorithms, Artificial Intelligence, Bias, Innovative Technology, Risk Management

See all updates »

Department of Treasury Study Addresses NFTs, Online Platforms and the Emerging Digital Art Space

Last week, the U.S. Department of the Treasury released a report entitled “Study of the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art” that discussed risks in the art sales ecosystem,…more

Anti-Terrorism Financing, Artists, BSA/AML, Digital Assets, Financial Action Task Force

See all updates »

Web Scraping Watch: Cases Set to Clarify Application of the Computer Fraud and Abuse Act

For years, website owners have leveraged the federal Computer Fraud & Abuse Act (CFAA) as a tool to combat unauthorized scraping of data and other content from their websites. Due to a circuit court split on the interpretation…more

Cease and Desist, Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Data Collection, Web Scraping

See all updates »

Old School Meets New School: Critical Minerals Used in Quantum Computing

It is not every day that the rough-and-tumble “giga” world of mining and mineral refining interacts with the rarefied and metaphysical “nano” realm of quantum physics. The lawyers at Pillsbury and other law firms engaged in each…more

Technology Sector

See all updates »

Navigating the Intersection of DNA Data and Privacy: Insights from the FTC

On January 5, 2024, the Federal Trade Commission (FTC) published an article discussing privacy issues related to the DNA information that many consumers provide to genetic testing companies. This post outlines key takeaways from…more

Biometric Information, Compliance, Data Collection, Data Privacy, Federal Trade Commission (FTC)

See all updates »

Generative AI Hallucinations and the Risks of Fact-Free Certainty for Tax Research

With millions of people already using artificial intelligence (AI) to perform a variety of personal tasks and companies integrating large language model (LLM) services for professional use, concerns over the frequency with which…more

Artificial Intelligence, Best Practices, Machine Learning, Research Tools, Risk Management

See all updates »

Your Employees’ Bad Behavior on Social Media Can Have Workplace Consequences

Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting…more

Employment Policies, NLRA, Popular, Privacy Policy, Right to Privacy

See all updates »

NFTs, Web 3.0 and the Technologies Enabling the Metaverse

Riaz Karamali recently joined host Joel Simon on the Industry Insights podcast to discuss the issues and innovations driving the video game industry, including the emergence of the Metaverse and how non-fungible tokens,…more

Blockchain, Cryptoassets, Digital Assets, Non-Fungible Tokens (NFTs), Popular

See all updates »

Lawmakers (and Artists) Fight Those Facial Recognition Frown Lines

A sponsored post popped up on my Instagram last week that captured my obsession with statement jewelry and my periodic check on developments in facial recognition technology: “Artist Designs Metal Jewelry to Block Facial…more

Biometric Information, Facial Recognition Technology, Personally Identifiable Information

See all updates »

eIDAS 2.0: Paving the Way for a Unified Digital Identity Framework in Europe

Electronic identification and trust services (eIDAS) refer to a range of services that include verifying the identity of individuals and businesses online and verifying the authenticity of electronic documents. Since 2014, such…more

Authentication and Trust Services Regulation (eIDAS), Digital Wallets, E-Signatures, Electronic Identification, Electronically Stored Information

See all updates »

SEC Names First Chief Risk Officer

On the heels of a January 2019 announcement that it was charging nine persons with participation in a scheme that allowed them to hack into the SEC’s confidential database of public filings, commonly known as EDGAR…more

Chief Risk Officers (CRO), Cybersecurity, EDGAR, Hackers, Popular

See all updates »

No Exceptions for AI: The FTC Hosts a Tech Summit to Discuss the Impacts of AI on Consumers and Competition

On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and related…more

Anti-Competitive, Artificial Intelligence, Competition, Confidential Information, Data Privacy

See all updates »

In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the Supreme Court Revisits the Copyright Fair Use Test

On May 18, 2023, the U.S. Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artists, Copyright, Fair Use, Fine Art

See all updates »

Power Grids and Points of Vulnerability: Keeping the Lights on Amid Cybersecurity Concerns

Although that new smart refrigerator might seem like a fun gadget and great way to sync up grocery lists, smart appliances have the potential to become vectors in malicious power grid attacks. Or what about the increasingly…more

Cyber Attacks, Cyber Threats, Cybersecurity, Energy Sector, Popular

See all updates »

5 Important Takeaways from the 2023 #shifthappens Conference

In speaking at this past week’s #shifthappens Conference, I had the pleasure of discussing both the potential and pitfalls posed by generative AI with fellow panelists David Pryor Jr., Alex Tuzhilin, Julia Glidden and Gerry…more

Algorithms, Artificial Intelligence, Innovative Technology, Machine Learning, Risk Management

See all updates »

CCPA Compliance Concerns for Employers as California Employees Return to the Workplace

As California reopens from the COVID-19 pandemic and workers begin returning to work in-person, many employers have begun requesting their employees provide, sometimes on an ongoing basis, certain health information before…more

California Consumer Privacy Act (CCPA), Compliance, Consumer Privacy Rights, Data Privacy, Employees

See all updates »

U.S. Department of the Treasury Confronts the Risks to the Financial Sector Associated with Cloud Computing

On February 8, 2023, the U.S. Department of the Treasury released a report citing its “findings on the current state of cloud adoption in the sector, including potential benefits and challenges associated with increased…more

Cloud Computing, Cloud Service Providers (CSPs), Cybersecurity, Financial Institutions, Financial Services Industry

See all updates »

The EU and UK Introduce New IoT Security Standards

The FCC’s recent introduction of a new Voluntary Cybersecurity Labelling Program for consumer Internet of Things (IoT) products reflects the continued desire by U.S. regulators to bolster the security of the ever-increasing…more

Compliance, Cybersecurity, Data Security, Distributors, EU

See all updates »

Enterprise Infrastructure Management Is Not a Part-Time Job

We recently completed a major renegotiation of a very large, longstanding infrastructure outsourcing contract. As is typical with renegotiations, there were areas of the contract that required changes and areas the client wanted…more

Computer-System Design/Software Services, Contract Negotiations, Negotiations, Software, Technology

See all updates »

Protecting Your Digital Identity in the Metaverse

Who are you, really? Identity can be hard to define. In the real world, we don different (often overlapping) masks depending on the situation—family, work, public service or private play…more

Data Collection, Data Protection, Digital Platforms, Internet, Metaverse

See all updates »

No Brain, No Gain: U.S. Patent Inventors Must Be Human

The U.S. Court of Appeals for the Federal Circuit has agreed with the U.S. Patent Trademark Office (PTO) in holding that artificial intelligence (AI) cannot be considered an “inventor” for purposes of obtaining patents…more

Artificial Intelligence, Inventions, Inventors, Patents, USPTO

See all updates »

After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company. The…more

Copyright, Intellectual Property Protection, Preliminary Injunctions, Trademark Infringement, Trademark Litigation

See all updates »

California Governor Issues Executive Order Aimed at the Regulation of Blockchain and Crypto Assets

On May 4, 2022, California Governor Gavin Newsom signed Executive Order N-9-22 to create a coordinated state regulatory approach for cryptocurrency and blockchain, with the further aim of harmonizing the state’s laws with those…more

Blockchain, California, Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets

See all updates »

EU Reaches Agreement on New “AI Act”: The World’s First Comprehensive AI Law

The Council of the European Union and the European Parliament reached a provisional agreement on a new comprehensive regulation governing AI, known as the “AI Act,” late on Friday night (December 8, 2023). While the final agreed…more

Artificial Intelligence, Compliance, EU, European Commission, Innovative Technology

See all updates »

U.S. Department of the Treasury Confronts the Risks to the Financial Sector Associated with Cloud Computing

On February 8, 2023, the U.S. Department of the Treasury released a report citing its “findings on the current state of cloud adoption in the sector, including potential benefits and challenges associated with increased…more

Cloud Computing, Cloud Service Providers (CSPs), Cybersecurity, Financial Institutions, Financial Services Industry

See all updates »

After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company. The…more

Copyright, Intellectual Property Protection, Preliminary Injunctions, Trademark Infringement, Trademark Litigation

See all updates »

FCC Expands Reach of Telephone Consumer Protection Act

In late July, we posted our client alert titled FCC Expands Reach of Telephone Consumer Protection Act. The Alert discusses the FCC’s July 10, 2015 long-awaited omnibus Declaratory Ruling and Order…more

ATDS, Compliance, FCC, Prior Express Consent, Robocalling

See all updates »

Stand-Alone AI-Generated Content Is Not Copyrightable

On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Intellectual Property Protection

See all updates »

"Solicitation" In the Era of Social Media Remains Unsettled

Last month, in KNF&T v. Muller (October 2013), the Massachusetts Superior Court found that a LinkedIn update regarding an employee's new job was not a solicitation of business in violation of her non-competition agreement, which…more

General Solicitation, Social Media

See all updates »

Enterprise Infrastructure Management Is Not a Part-Time Job

We recently completed a major renegotiation of a very large, longstanding infrastructure outsourcing contract. As is typical with renegotiations, there were areas of the contract that required changes and areas the client wanted…more

Computer-System Design/Software Services, Contract Negotiations, Negotiations, Software, Technology

See all updates »

The Impact of AI Foundation Models on Competition, Consumers and Regulation: A View from the UK’s CMA

The Competition and Markets Authority (CMA), the UK’s competition regulator, announced this month that it plans on publishing an update in March 2024 to its initial report on AI foundation models (published in September 2023)…more

Artificial Intelligence, Competition, Innovative Technology, Machine Learning, Risk Management

See all updates »

Steal My Idea, I Dare You: The Power of Protecting Your Intellectual Property

In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas,…more

Copyright, Intellectual Property Protection, Patent Infringement, Patents, Risk Management

See all updates »

Steal My Idea, I Dare You: The Power of Protecting Your Intellectual Property

In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas,…more

Copyright, Intellectual Property Protection, Patent Infringement, Patents, Risk Management

See all updates »

NFTs, Web 3.0 and the Technologies Enabling the Metaverse

Riaz Karamali recently joined host Joel Simon on the Industry Insights podcast to discuss the issues and innovations driving the video game industry, including the emergence of the Metaverse and how non-fungible tokens,…more

Blockchain, Cryptoassets, Digital Assets, Non-Fungible Tokens (NFTs), Popular

See all updates »

Three Cybersecurity Measures a Business Should Take Amidst a Pandemic

An exponential increase in telework prompted by the COVID-19 pandemic has led to a parallel increase in cyberattacks, requiring companies to actively monitor cyber risks. On Pillsbury’s Industry Insights podcast series,…more

Cyber Threats, Cybersecurity, Data Protection, Data Security, Popular

See all updates »

FTC Will “Vigorously Enforce” the Law Against Companies That Fail to Protect Consumer Privacy

It’s no secret that every move you make on the internet can be tracked. Even when you are not actively searching, scrolling through a social media feed, or using your phone to navigate to a new local restaurant, your digital…more

Compliance, Consumer Privacy Rights, Data Collection, Data Privacy, Enforcement

See all updates »

Banks, Payments and Fintech—Staying Nimble and Customer-Focused during a Pandemic

Recently, Pillsbury’s Deborah Thoren-Peden sat down with a panel of experts that included Millicent Calinog Tracey (former Wells Fargo SVP), Samantha Ettus (founder and CEO of Park Place Payments) and Pillsbury partner John…more

Banks, Coronavirus/COVID-19, FinTech, Merchants, Online Payments

See all updates »

SCOTUS Holds Rogers Test Is All Bark and No Bite in Jack Daniel’s Trademark Suit Against Dog Toy Maker

On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark infringement test espoused by the Second Circuit…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion

See all updates »

Crafting Blockchain Claims to Avoid Enforcement Pitfalls and Maximize Potential Damages

As we approach 2020, distributed ledger technologies (DLT) appear likely to have a far-reaching, comprehensive impact on our global economy. But core components of that economy—intellectual property rights in particular—sit in…more

Blockchain, Distributed Ledger Technology (DLT), Intellectual Property Protection, Patent Infringement, Patents

See all updates »

Of Platforms and Permissions: Legislation Seeks to Simplify the Menu in Regard to Restaurants and Food Delivery Services

Many restaurants that do not like food delivery platforms delivering their food will have their concerns addressed by a new California law enacted on September 24, 2020. AB-2149, known as the Fair Food Delivery Act of 2020,…more

California, Delivery Drivers, Fast-Food Industry, Online Platforms, Restaurant Industry

See all updates »

Disclosure, Complaints and Process: Texas H.B. 20 and Similar Bills Contain Provisions That Go Beyond Content Regulation

In what is either one of the more ironic acts in a year full of irony or one of the more expressive power moves of the Texas legislative session, Gov. Greg Abbott announced on one social media platform that people can watch a…more

First Amendment, Online Platforms, Social Media, Social Networks, Texas

See all updates »

The Merge: Ethereum’s Long-Awaited Overhaul May Be Imminent

Ethereum, the second largest blockchain-based platform by market cap, is tentatively scheduled to convert its consensus mechanism from proof-of-work (PoW), which incentivizes miners to solve mathematical puzzles to update the…more

Blockchain, Cryptocurrency, Digital Assets, Virtual Currency

See all updates »

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Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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