Sherman & Howard L.L.C.

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675 Fifteenth Street
Suite 2300
Denver, CO 80202, United States
Phone: 303.297.2900
Fax: 303.298.0940
Areas Of Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • Arizona
  • Colorado
  • Nevada
  • New Mexico
Number of Attorneys
100+ Attorneys

President Biden Signs Sweeping Executive Order on Artificial Intelligence

On October 30, 2023, President Biden issued a sweeping Executive Order regarding the use of artificial intelligence (AI). The order calls for federal agencies to create new standards around privacy, security, safety, and the…more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Defense Production Act, Department of Energy (DOE)

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FinCEN's Beneficial Ownership Rule Effective January 1, 2024

In September 2022, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a rule requiring that certain entities report information about their beneficial owners. A beneficial owner, subject to five specific…more

Beneficial Owner, Financial Crimes, FinCEN, Reporting Requirements, Shell Corporations

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Appeals From PPP Forgiveness Denials

The initial frenzy of PPP loans in the spring and summer of 2020 has given way to the practical realities of the forgiveness process. For most, the forgiveness of PPP loans is a simple and straightforward exercise with lenders…more

Borrowers, CARES Act, Loan Forgiveness, Paycheck Protection Program (PPP), SBA

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30 Day Notice: New Colorado Data Privacy Act

On May 29, 2018, Governor John Hickenlooper signed into law House Bill 18-1128 (the “Data Privacy Act”). The Data Privacy Act creates new standards for how businesses and governmental entities (i) protect the personal…more

Covered Entities, Cybersecurity, Data Breach, Data Privacy, Data Protection

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LIHTC Fix Back in the Cards

A potential bipartisan deal could bring the “Low-Income Housing Tax Credit (LIHTC) Fix” back to life and, with it, the possibility of a new wave of affordable housing deals…more

Affordable Housing, Low Income Housing, Tax Credits, Tax Legislation

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Alphabet Soup: FinCEN Proposal Would Add AML/CFT Obligations Under the BSA for RIAs & ERAs

Let me start by translating that headline to English. On February 15, 2024, the Financial Crimes Enforcement Network (FinCEN) division of the Department of Treasury issued a rule proposal that would require investment advisers…more

AML/CFT, Bad Actors, Bank Secrecy Act, Capital Markets, Corporate Governance

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Real Estate Advisory: Canada Revenue Agency Announces Changes to Treatment of U.S. LLLPs and LLPs

The Canada Revenue Agency (CRA) recently announced a change in the treatment of U.S. limited liability limited partnerships and U.S. limited liability partnerships (the “Entity Types”) for Canadian tax purposes. For Canadian…more

Canada, Canada Revenue Agency (CRA), Choice of Entity, Corporate Taxes, International Tax Issues

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Colorado Eviction Moratorium And Commercial Real Estate

The Colorado governor recently issued executive orders limiting evictions and providing other tenant protections due to the ongoing pandemic. This advisory is an outline of the key takeaways for commercial landlords, with…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Rental Property

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

Colorado Supreme Court Extends Notice-Prejudice Rule to Occurrence-Based 1st-Party Homeowners’ Policies

In a pair of decisions issued this week, the Colorado Supreme Court ruled that the notice-prejudice rule applies to occurrence-based, first-party homeowners’ property policies, notwithstanding any contractual notice period…more

CO Supreme Court, Commercial General Liability Policies, First-Party Coverage, Insurance Industry, Insurance Litigation

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SEC Requires Disclosure Of Bank Loans And Privately Placed Debt By Most Issuers Of Tax-Exempt Bonds

On August 15, 2018, the Securities and Exchange Commission adopted amendments to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (the “Rule”). The Rule, among other things, requires brokers, dealers, and…more

Amended Regulation, Amended Rules, Disclosure Requirements, Financial Obligations, MSRB

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Real Estate Advisory: Canada Revenue Agency Announces Changes to Treatment of U.S. LLLPs and LLPs

The Canada Revenue Agency (CRA) recently announced a change in the treatment of U.S. limited liability limited partnerships and U.S. limited liability partnerships (the “Entity Types”) for Canadian tax purposes. For Canadian…more

Canada, Canada Revenue Agency (CRA), Choice of Entity, Corporate Taxes, International Tax Issues

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Bankruptcy Discharge Does Not Trigger Statute of Limitations on Claim Based on Security Agreement

In a recent decision, the Colorado Supreme Court reversed the Colorado Court of Appeals and held that a discharge in bankruptcy does not trigger the statute of limitations on a claim to foreclose based on a deed of trust. U.S…more

Accelerated Payments, Appellate Courts, Borrowers, CO Supreme Court, Deed of Trust

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Colorado Supreme Court Extends Notice-Prejudice Rule to Occurrence-Based 1st-Party Homeowners’ Policies

In a pair of decisions issued this week, the Colorado Supreme Court ruled that the notice-prejudice rule applies to occurrence-based, first-party homeowners’ property policies, notwithstanding any contractual notice period…more

CO Supreme Court, Commercial General Liability Policies, First-Party Coverage, Insurance Industry, Insurance Litigation

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Charities' Activities Attracting Congressional Attention

On two separate occasions in the first two months of 2024, members of Congress have invited IRS scrutiny of tax-exempt charitable organizations for activities that were perceived to be political lobbying. In January,…more

501(c)(3), Charitable Donations, Charitable Organizations, IRS, Lobbying

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Consolidated Appropriations Act, 2021: Key Real Estate Provisions

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA 2021), a spending bill that includes economic stimulus relief related to the novel coronavirus disease (COVID-19) outbreak. CAA…more

CARES Act, Coronavirus/COVID-19, Financial Assistance Policies, Landlords, Rental Property

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

39th Space Symposium – Space Law Track

The 39th Space Symposium legal track produced several thought-provoking topics from both government and industry speakers. Where can government and industry improve in the business cycle leading to space? Whether defense…more

Aerospace, Artificial Intelligence, Department of Defense (DOD), EU, Federal Aviation Administration (FAA)

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[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

See all updates »

Consolidated Appropriations Act, 2021: Key Real Estate Provisions

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA 2021), a spending bill that includes economic stimulus relief related to the novel coronavirus disease (COVID-19) outbreak. CAA…more

CARES Act, Coronavirus/COVID-19, Financial Assistance Policies, Landlords, Rental Property

See all updates »

ALERT: FTC Votes to Ban Nearly All Non-Competes

In a long-awaited and much-debated move, the Federal Trade Commission (FTC) voted Tuesday to ban nearly all non-competition agreements in the United States on the grounds they are an unfair method of competition. The vote came…more

Anti-Competitive, Employment Contract, Federal Trade Commission (FTC), Final Rules, FTC Act

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Andy Warhol Foundation vs. Goldsmith: A Transformative Opinion or Much Ado About Nothing?

Over the past several weeks there has been much commentary regarding the U.S. Supreme Court's recent opinion in Andy Warhol Foundation ("AWF") v. Goldsmith. The facts of the case date back to the early 1980s when Vanity Fair…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Fair Use

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How the NLRB Stole Christmas: Expedited Representation Election Cases!

In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes implemented…more

Labor Relations, NLRA, NLRB, Quickie Election Rules, Union Elections

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Beer Industry Update: One Key Takeaway From The 2019 Craft Brewers Conference

TTB Enforcement Steadily Increasing- Each year, the Brewers Association hosts the Craft Brewers Conference (CBC) and BrewExpo America, an industry event serving brewers, brewpubs, and packaging breweries of all sizes. More…more

Beer, Beverage Manufacturers, Breweries, TTB, Wine & Alcohol

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NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

Are You & Your Business Assets Fully Protected?

Today it is more important than ever to ensure you, your company, and your business assets are fully protected from the inside out. If not, it could mean losing everything. Here’s a list of items to consider when reviewing your…more

Business Assets, Confidential Business Information (CBI), Confidentiality Agreements, Cybersecurity, Popular

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NLRB Revives 'Biggest Idiot' Standard, & Your Handbooks Are Toast (Again)

Section 7 of the National Labor Relations Act (NLRA) grants employees the right to unionize, engage in activities to advance their common interests, and abstain from these activities. From time to time, employers establish work…more

Employee Handbooks, Employer Liability Issues, NLRA, NLRB, Protected Concerted Activity

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2021 Stimulus Bill: Key Tax Provisions

Unlike the original coronavirus relief bill (the CARES Act), which included numerous changes and modifications to the Tax Code, the latest stimulus bill includes relatively few tax-related provisions. Nonetheless, a couple of…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Public Charities

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Sierra Space's Dream Chaser Moving Closer to First Launch

On May 31, Sierra Space successfully powered up its spaceplane, Dream Chaser, in its assembly facility. The test is another step forward for the company that is planning to ship the vehicle to the Neil A. Armstrong Test Facility…more

Aerospace, Innovation, NASA, Outer Space

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Arizona Governor Amends “Stay Home, Stay Healthy, Stay Connected” Order

While Arizona Governor Doug Ducey extended the majority of Arizona’s “Stay Home, Stay Healthy, Stay Connected” policy through May 15, 2020, the new executive order allows certain nonessential retailers to gradually reopen with…more

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

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e-Discovery Doesn't End with E-mail

When I was a new trial lawyer, a seasoned veteran joked that the "e" in "e-mail" stood for evidence. It seems to me that after decades of legal advice and collections of company email accounts in litigation, people are finally…more

Discovery, Electronically Stored Information, Email, Instant Messaging Apps, Mobile Apps

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Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision in Condominium Declarations

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio…more

Arbitration, Arbitration Agreements, CO Supreme Court, Condominiums, Construction Defects

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Officers Held Liable for Breach of Fiduciary Duty Claim Brought Against Them by Stockholders

Earlier this year, we wrote about Delaware’s recent statutory changes extending certain protections to corporate officers that were previously only afforded to directors. As we mentioned in that advisory, an exception to the…more

Breach of Duty, Corporate Officers, Fiduciary Duty, McDonalds, Oversight Duties

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Public Finance Advisory: Senate Tax Plan Diverges From House Version

On November 9, 2017, the U.S. Senate’s Joint Committee on Taxation released its Chairman’s mark of the “Tax Cut and Jobs Act,” a version of which was unveiled by the House of Representatives on November 2…more

Legislative Agendas, Municipal Bonds, Proposed Legislation, Public Finance, State and Local Government

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Employers Take Note – Ignoring a Federal Agency Is a Great Way to Get Into Big Trouble

When the United States Department of Labor (“DOL”) requests documents during a Fair Labor Standards Act (“FLSA”) investigation, compliance is not optional. Indeed, if an employer drags its feet long enough, and repeatedly…more

Compliance, Contempt, Department of Labor (DOL), Documentation, Fair Labor Standards Act (FLSA)

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Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision in Condominium Declarations

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio…more

Arbitration, Arbitration Agreements, CO Supreme Court, Condominiums, Construction Defects

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Miller v. Amos & Unfair Housing Practices as Affirmative Defense to Eviction

On February 20, 2024, the Colorado Supreme Court announced its opinion on Miller v. Amos, 2024 CO 11 (February 20, 2024) and held that defendants in forcible entry and detainer (“FED”) actions may assert violations of the…more

Breach of Contract, CO Supreme Court, Eviction, Fair Housing Act (FHA), Forcible Entry and Detainer

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

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Preliminary Guidance On Colorado Businesses Reopening

Following the White House’s guidelines issued on April 16, 2020, Colorado Governor Jared Polis announced on Monday, April 20, that the State of Colorado would seek to transition from a mandatory Stay-at-Home Order to a…more

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Colorado Small Businesses Can Apply For Disaster Assistance Loans From The SBA

The United States Small Business Administration (the SBA) declared the State of Colorado eligible for disaster loan assistance. Economic Injury Disaster Loans (EIDLs) up to $2,000,000 will be working capital loans to help small…more

Disaster Aid, SBA, Small Business

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

Federal Subsidies on Direct-pay Taxable Bonds Could Be Reduced to $0 if Pending Tax Bills are Passed by Year End

As introduced, the House and Senate tax bills are projected to increase deficits and could trigger the Statutory Pay-As-You-Go Act of 2010 (the “PAYGO law”). Without any other legislation to offset the increase, required annual…more

Infrastructure, Legislative Agendas, Proposed Legislation, Public Finance, Public Projects

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When Investigations Go Wrong: Lessons From A California Court Of Appeal

Over the summer, a California court of appeal upheld a jury verdict in favor of a former senior VP who was discharged after his former employer had investigated and substantiated allegations of instructing subordinates to…more

Allegations, Appellate Courts, Corporate Counsel, Falsified Documents, Gender Discrimination

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Public Sector “Paid Union Release Time” Survives Constitutional Scare

In the public and private sectors, employers regularly include “paid union release time” within their bargaining agreements. With this practice, an employer pays certain employees their regular wages to perform services…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Compensation, Unions, Wage and Hour

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

It’s Time to Plan for H-1B “Professional” Work Authorization Registrations!

The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after by…more

Employment Authorization Documents (EAD), Foreign Workers, H-1B, Immigration and Nationality Act, Immigration Procedures

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[Webinar] Employment Law in the Time of COVID: Furloughs, Sick Leave, Telecommuting, & More - September 24th, 12:00 pm - 1:00 pm MT

This seminar will examine workplace legal issues in the context of the ongoing COVID pandemic. A general overview of the following topics—and how they operate during the current public health crisis--will be discussed:…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Family and Medical Leave Act (FMLA), Furloughs

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Colorado Issues Mask Order For Public Indoor Spaces, Including Places Of Employment

In response to the rising number of cases of COVID-19, Governor Polis issued an Executive Order requiring everyone in Colorado over ten years old to wear a mask when “entering or moving within any Public Indoor Space,” as well…more

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

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What Nonprofit Leaders Need to Know About the Corporate Transparency Act

Organizations across the country are grappling with how to comply with the Corporate Transparency Act (“CTA”), which went into effect on January 1. Fortunately for nonprofit organizations, federally tax-exempt entities are…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Nonprofits, Reporting Requirements

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News Now: New Legislators, New Cases, And More

Happy March! Spring is right around the corner and Super Tuesday is tomorrow. Here are your public-law highlights: •Colorado’s presidential primary. Coloradans are casting their ballots in the presidential primary, which…more

Political Candidates, Primary Elections, Sexual Harassment, State and Local Government

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Executive Order On 2020 Social Security Withholdings

On August 8, 2020, President Trump issued an executive order requesting that employers stop withholding the 6.2 percent Social Security tax from certain employees’ paychecks for the remainder of 2020. The order applies to those…more

Executive Orders, IRS, Payroll Taxes, Presidential Memorandum, Social Security Taxes

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Consolidated Appropriations Act, 2021: Key Real Estate Provisions

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA 2021), a spending bill that includes economic stimulus relief related to the novel coronavirus disease (COVID-19) outbreak. CAA…more

CARES Act, Coronavirus/COVID-19, Financial Assistance Policies, Landlords, Rental Property

See all updates »

End of Line Draws Near for COVID-19 Plan Deadline Extensions

IMPORTANT UPDATE: When President Biden signed H.R. Res. 7, on April 10, 2023, the COVID-19 National Emergency officially ended immediately. This means that the “Outbreak Period” described below May Be ending earlier than July…more

COBRA, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL), Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

See all updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See all updates »

Supreme Court Lowers Requirements for Plaintiffs to Proceed in Discriminatory Job Transfer Cases

On April 17, 2024, the U.S. Supreme Court made it easier for workers to bring employment discrimination suits over job transfers based on sex, race, religion, or national origin. Muldrow v. City of St. Louis, Missouri involved…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Public Finance Advisory: Senate Tax Plan Diverges From House Version

On November 9, 2017, the U.S. Senate’s Joint Committee on Taxation released its Chairman’s mark of the “Tax Cut and Jobs Act,” a version of which was unveiled by the House of Representatives on November 2…more

Legislative Agendas, Municipal Bonds, Proposed Legislation, Public Finance, State and Local Government

See all updates »

President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

Public Health Guidance For Healthcare Providers

On April 29, 2020, Arizona Governor Doug Ducey issued an executive order allowing healthcare providers and dental offices that meet certain criteria to apply for approval to resume elective surgeries beginning on May 1, 2020. …more

Coronavirus/COVID-19, Health Care Providers, Infectious Diseases, Public Health, Re-Opening Guidelines

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

See all updates »

Polar Bear Sightings in Death Valley: A Nevada Court Departs from Established Understanding of Conversion Rights Under a Convertible Promissory Note

The common understanding of the right to convert debt to equity under a convertible promissory note has shifted following a Nevada county court ruling in Toptal v. Grosz. In the court’s motion granting partial summary judgment,…more

Convertible Debt, Convertible Notes, Investors, Promissory Notes, Startups

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Legal Issues With Returning To Work

Businesses reopen, employees head back to work, and all now face significant challenges under the “Safer at Home” framework. The new reality of doing business in the face of a pandemic presents nuanced and previously unforeseen…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines, Workplace Safety

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Paycheck Protection Program And Health Care Enhancement Act

On April 24, 2020, President Trump signed another economic stimulus act titled the “Paycheck Protection Program and Health Care Enhancement Act,” which is an amendment to the “Coronavirus Aid, Relief, and Economic Security Act”…more

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

Are You & Your Business Assets Fully Protected?

Today it is more important than ever to ensure you, your company, and your business assets are fully protected from the inside out. If not, it could mean losing everything. Here’s a list of items to consider when reviewing your…more

Business Assets, Confidential Business Information (CBI), Confidentiality Agreements, Cybersecurity, Popular

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

National Labor Relations Board’s General Counsel Abruzzo Seeks to Eliminate Secret Ballot Elections

The National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, is attempting to revive unions’ ability to win recognition from employers without a secret ballot election. In a brief filed April…more

NLRB, NLRB General Counsel, Secret Ballot, Union Elections, Unions

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Exploring Copyright Boundaries: The Impact of Van Gogh-Inspired AI Art

The United States Copyright Office recently rejected Ankit Sahni's Second Request for reconsideration to register his AI-generated artwork, "Suryast." This is a unique case in the realm of AI-generated art, primarily due to the…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Machine Learning

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Financial Crimes Enforcement Network: U.S. Treasury is Monitoring Cash Residential Purchases

Starting on April 25, 2023, and ending on October 21, 2023, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) is requiring disclosure of beneficial ownership of entities that purchase residential…more

Bank Secrecy Act, Beneficial Owner, Cash Transactions, Financial Crimes, FinCEN

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Federal Reserve Announces An Expansion Of The Scope And Duration Of The Municipal Liquidity Facility

On April 27, 2020, the Federal Reserve announced an expansion of the scope as well as the duration of the Municipal Liquidity Facility (the MLF). The MLF, which was originally announced on April 9, 2020, as part of the $2.3…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Municipal Liquidity Facility (MLF), Pandemic

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Trial Court Holds That Title VII’s Religious Employer Exemption Does Not Bar A Sexual Orientation Discrimination Claim

In what appears to be the first case directly addressing the issue, a U.S. District Court judge recently ruled that Title VII’s exemption for religious employers does not bar a claim of employment discrimination based on sexual…more

Bostock v Clayton County Georgia, Civil Rights Act, SCOTUS, Sex Discrimination, Sexual Orientation

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TABOR's Tightrope: Navigating Fiscal Terrain in Colorado Contracts

The Taxpayer Bill of Rights (“TABOR”) is part of Article X of the Colorado Constitution. In general, TABOR requires voter approval before taxes can be raised by the state and local governments (collectively defined as…more

Billing, Colorado, IRS, Medicare, Public Finance

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CARES Act: Impact On Public Financial Markets

In response to COVID-19 and its impact on the economy, public health, states, local governments, individuals, and businesses, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act, more commonly referred to as…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), SBA Lending Programs

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[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

Beer Industry Update: One Key Takeaway From The 2019 Craft Brewers Conference

TTB Enforcement Steadily Increasing- Each year, the Brewers Association hosts the Craft Brewers Conference (CBC) and BrewExpo America, an industry event serving brewers, brewpubs, and packaging breweries of all sizes. More…more

Beer, Beverage Manufacturers, Breweries, TTB, Wine & Alcohol

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6th Circuit to Preside Over Federal Vaccine Mandate

Challenges to OSHA’s November 4, 2021 Emergency Temporary Standard mandating vaccines or weekly COVID-19 testing for large employers will be consolidated and heard in the 6th Circuit Court of Appeals. Although Petitions for…more

Case Consolidation, Coronavirus/COVID-19, Multidistrict Litigation, OSHA, Vaccinations

See all updates »

Charities' Activities Attracting Congressional Attention

On two separate occasions in the first two months of 2024, members of Congress have invited IRS scrutiny of tax-exempt charitable organizations for activities that were perceived to be political lobbying. In January,…more

501(c)(3), Charitable Donations, Charitable Organizations, IRS, Lobbying

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Arizona Governor Issues Executive Order Prohibiting Evictions Of Certain Small Business Tenants

On April 6, 2020, Arizona Governor Doug Ducey issued Executive Order 2020-21, which prohibits landlords from evicting or taking certain other adverse actions against certain small business tenants until May 31, 2020... …more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Rental Property

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

The NLRB’s Joint Employer Rule – Warning: Objects [of Liability] May Be Closer Than They Appear

Adding to the list of employer-punishing labor changes this year, on October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a final rule establishing a joint employer standard. The standard defines when a…more

Collective Bargaining, Compensation & Benefits, Franchises, Franchisors, Job Duties

See all updates »

SEC Requires Disclosure Of Bank Loans And Privately Placed Debt By Most Issuers Of Tax-Exempt Bonds

On August 15, 2018, the Securities and Exchange Commission adopted amendments to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (the “Rule”). The Rule, among other things, requires brokers, dealers, and…more

Amended Regulation, Amended Rules, Disclosure Requirements, Financial Obligations, MSRB

See all updates »

CARES Act: Key Provisions Impacting Real Estate

On March 27, 2020, President Trump signed an economic stimulus act titled the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act. The CARES Act includes economic stimulus provisions concerning an…more

CARES Act, Coronavirus/COVID-19, Mortgages, Real Estate Market

See all updates »

Dept. of Education Expands Title IX Protections, Preserves Religious Exemption in Updated Regulations

On April 19, 2024, the U.S. Department of Education (ED) issued its long-awaited “final rule” broadening and clarifying the scope of Title IX, a federal statute that prohibits sex discrimination in education programs receiving…more

Department of Education, Educational Institutions, Federal Funding, Final Rules, Religious Exemption

See all updates »

Addressing the Steel and Aluminum Tariffs in the Construction Industry

On March 8, 2018, President Trump’s administration signed two proclamations levying a twenty-five percent tariff on imported steel and a ten percent tariff on aluminum, both of which went into effect on March 23, 2018…more

Aluminum Sales, Change Orders, Construction Project, Contract Terms, Force Majeure Clause

See all updates »

Colorado Legislature Proposes Bill To Extend Time For Filing Construction Defect Claims

On Monday, January 27, Democratic Senator Robert Rodriguez introduced Senate Bill 20-138, A Bill for an Act Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects. If passed, the bill…more

Construction Defects, Construction Industry, Contractors, State Legislatures

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

9 Risk Factors To Consider When Making Digital Currency Investment Decisions

January 22, 2018 – Although 2017 was a banner year for cryptocurrencies, with numerous digital tokens yielding blockbuster returns, institutional and individual investors alike should exercise caution when investing in…more

Bitcoin, Blockchain, Cryptocurrency, Cyber Crimes, Digital Currency

See all updates »

Supreme Court of the United States Allows Constitutional Claim Against Public Officials For Social Media Activity

In Lindke v. Reed, the Supreme Court of the United States (SCOTUS) issued an opinion holding that social media activity can constitute state action for purposes of a claim under 42 U.S.C. § 1983. The Court held that “[f]or…more

Facebook, First Amendment, Government Officials, Lindke v Freed, Online Commentary

See all updates »

[Webinar] Employment Law in the Time of COVID: Furloughs, Sick Leave, Telecommuting, & More - September 24th, 12:00 pm - 1:00 pm MT

This seminar will examine workplace legal issues in the context of the ongoing COVID pandemic. A general overview of the following topics—and how they operate during the current public health crisis--will be discussed:…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Family and Medical Leave Act (FMLA), Furloughs

See all updates »

10 Tips To Preserve Insurance Coverage For COVID-19 Claims

In the midst of the COVID-19 crisis, many businesses hope (and appropriately so) that insurance—whether business interruption, event cancellation, D&O or otherwise—will step in and pay for some of those losses. However, the…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, D&O Insurance, Infectious Diseases

See all updates »

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

Employee Retirement Income Security Act (ERISA), ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

See all updates »

Employee Benefit Plan Changes Under The American Rescue Plan Act

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA). This Client Advisory focuses on the new mandatory and voluntary provisions for employee benefit plans and raises questions about the impact of the…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Covered Employees

See all updates »

Gov. Christie’s Cuts in N.J.’s Mandatory Public Pension Funding Found to be Legal

A recent study estimated that state public pension plans are underfunded by $4.7 trillion (yes, that’s a “T”). Ten states have plans in which less than 30-percent of benefit obligations are funded, and only three states have…more

Appropriations Bill, NJ Supreme Court, Pension Funds, Pensions, Public Pension

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

Employees On Leave? Maybe It’s Time To Check-In.

The Eighth Circuit recently served a reminder about the importance of maintaining direct contact with your employees. The employer hired a sergeant in the National Guard. The employee was deployed to Afghanistan and coordinated…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, USERRA, Wage and Hour

See all updates »

Public Health Guidance For Healthcare Providers

On April 29, 2020, Arizona Governor Doug Ducey issued an executive order allowing healthcare providers and dental offices that meet certain criteria to apply for approval to resume elective surgeries beginning on May 1, 2020. …more

Coronavirus/COVID-19, Health Care Providers, Infectious Diseases, Public Health, Re-Opening Guidelines

See all updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See all updates »

Essential Workers Exempt From Stay Home Orders

The COVID-19 pandemic is having a material impact on the businesses we rely on, our global economy, and the way we live our daily lives. Many states and cities have issued or will issue stay-at-home (or shelter-in-place) orders…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Functions, Operators of Essential Services, Shelter-In-Place

See all updates »

“AI Made Me Do It” No Defense When Using Automation in Employment

After the Equal Employment Opportunity Commission (“EEOC”) recently indicated it intends to increase scrutiny over employers’ use of artificial intelligence (“AI”) and machine learning in recruitment, hiring, and disciplinary…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Automated Decision Systems (ADS), Bias, Civil Rights Act

See all updates »

A Changing Litigation Climate

Amid his blather during the Chiefs-Bills game on Sunday night, Tony Romo made an insightful comment. The top quarterbacks in the playoffs excel at risk management, he explained. They see risks developing before others do and…more

Carbon Emissions, Climate Change, Commercial Insurance Policies, Environmental Litigation, Environmental Policies

See all updates »

Avoid this Easily Overlooked Mistake in Real Estate Contracts

Most Colorado county assessor websites include a warning against using assessor legal descriptions in property conveyance documents. The Jefferson County Assessor’s site warns in bold red font: “The legal description displayed…more

Commercial Real Estate Contracts, Deeds, Land Parcels, Legal Description, Residential Real Estate Contracts

See all updates »

Department of Labor Expands Overtime Rule for Millions of Employees

The Department of Labor (DOL) has issued a new rule expanding overtime eligibility to cover millions of new employees. The new rule changes the salary threshold used to determine whether an employee is exempt from overtime pay,…more

Compensation & Benefits, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees

See all updates »

TABOR's Tightrope: Navigating Fiscal Terrain in Colorado Contracts

The Taxpayer Bill of Rights (“TABOR”) is part of Article X of the Colorado Constitution. In general, TABOR requires voter approval before taxes can be raised by the state and local governments (collectively defined as…more

Billing, Colorado, IRS, Medicare, Public Finance

See all updates »

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

Employee Retirement Income Security Act (ERISA), ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See all updates »

Intellectual Property Update: U.S. Supreme Court: Patent Infringement Lawsuits Should Be Filed in Defendant’s State of Incorporation

On May 22, 2017, the United States Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Federal Circuit, which had held that a claim for patent infringement could be brought in nearly any federal…more

Food Manufacturers, Forum Shopping, Intellectual Property Protection, Multidistrict Litigation, Patent Infringement

See all updates »

SEC And MSRB Representatives Provide Commentary Regarding Continuing Disclosure In Light Of COVID-19

On March 19, 2020, the Municipal Securities Rulemaking Board (MSRB) and the Securities and Exchange Commission’s (SEC) Office of Municipal Securities hosted a webinar titled “Understanding How Continuing Disclosures Appear on…more

Disclosure Requirements, Securities and Exchange Commission (SEC)

See all updates »

How the NLRB Stole Christmas: Expedited Representation Election Cases!

In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes implemented…more

Labor Relations, NLRA, NLRB, Quickie Election Rules, Union Elections

See all updates »

Quarterly Regulatory Update- April 2020

Several regulatory developments that affect the municipal markets took place in the first quarter of 2020, almost all of which were informed by the COVID-19 pandemic. In my Quarterly Regulatory Update, I have summarized the most…more

Coronavirus/COVID-19, Extensions, MSRB, Municipal Advisers, Securities and Exchange Commission (SEC)

See all updates »

Court of Appeals Changes Calculation of Statute of Repose

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S. This…more

Additional Insured, Appeals, Certificates of Occupancy, Construction Defects, Construction Industry

See all updates »

New Board Restores Proper Joint Employer Test

Last week the newly constituted Trump Board overruled the Obama-era joint employer test that has caused confusion and legal uncertainty for many employers…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Hiring & Firing, Joint Employers, NLRA

See all updates »

Appeals From PPP Forgiveness Denials

The initial frenzy of PPP loans in the spring and summer of 2020 has given way to the practical realities of the forgiveness process. For most, the forgiveness of PPP loans is a simple and straightforward exercise with lenders…more

Borrowers, CARES Act, Loan Forgiveness, Paycheck Protection Program (PPP), SBA

See all updates »

Essential Workers Exempt From Stay Home Orders

The COVID-19 pandemic is having a material impact on the businesses we rely on, our global economy, and the way we live our daily lives. Many states and cities have issued or will issue stay-at-home (or shelter-in-place) orders…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Functions, Operators of Essential Services, Shelter-In-Place

See all updates »

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard…more

Administrative Procedure Act, Appeals, Construction Industry, Employer Liability Issues, Hazardous Substances

See all updates »

National Sovereignty of Territorial Airspace and the Uncertain Boundaries of Outer Space: An Untethered Balloon

Recent events surrounding Chinese “surveillance/weather/stratospheric” balloons observed over the continental United States and Latin America raise questions regarding the limitations on airspace and outer space. Air law governs…more

Airspace, China, Fédération Internationale de Natation (FINA), International Treaties, Outer Space

See all updates »

9 Risk Factors To Consider When Making Digital Currency Investment Decisions

January 22, 2018 – Although 2017 was a banner year for cryptocurrencies, with numerous digital tokens yielding blockbuster returns, institutional and individual investors alike should exercise caution when investing in…more

Bitcoin, Blockchain, Cryptocurrency, Cyber Crimes, Digital Currency

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See all updates »

End of Line Draws Near for COVID-19 Plan Deadline Extensions

IMPORTANT UPDATE: When President Biden signed H.R. Res. 7, on April 10, 2023, the COVID-19 National Emergency officially ended immediately. This means that the “Outbreak Period” described below May Be ending earlier than July…more

COBRA, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL), Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

SCOTUS Upholds Class-Action Waivers

May employees and employers agree that any disputes between them will be resolved only through one-on-one arbitration? Today, the Supreme Court responded, “YES.” In a 5-4 decision, the Court held in Epic Sys. Corp. v. Lewis,…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Epic Systems Corp v Lewis

See all updates »

Remote Notarization In Colorado

Pursuant to Colorado Statute, a document must be executed in the physical presence of a notary in order for the signature on the document to be notarized. This is true even where the document is electronically signed and…more

Colorado, Coronavirus/COVID-19, Electronic Notarization Standard, Emergency Management Plans, Governor Polis

See all updates »

Arizona Governor Amends “Stay Home, Stay Healthy, Stay Connected” Order

While Arizona Governor Doug Ducey extended the majority of Arizona’s “Stay Home, Stay Healthy, Stay Connected” policy through May 15, 2020, the new executive order allows certain nonessential retailers to gradually reopen with…more

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

See all updates »

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

OSHA Update: Do Expect COVID Emergency Standard

New information from U.S. Department of Labor officials indicates that OSHA’s COVID-19 Emergency Temporary Standard (ETS) is delayed, but still on the table and under review. Pursuant to President Biden’s Executive Order, if…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Labor (DOL), Executive Orders, Joe Biden

See all updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See all updates »

IRS Releases Interim “Fallback” Guidance For Updating Financial Instruments To Account For LIBOR And IBOR Phaseout

On October 9, 2020, the Internal Revenue Service released Revenue Procedure 2020-44 to provide guidance for the market’s transition from the U.S. Dollar based London Interbank Offered Rate and other interbank offered rates upon…more

Alternative Reference Rates Committee (ARRC), Inter-Bank Offered Rates (IBORs), International Tax Issues, IRS, ISDA

See all updates »

Corporate Transparency Act Ruled Unconstitutional

Late on Friday, March 1, 2024, a federal judge in the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional pursuant to a Motion for Summary Judgment. Under the CTA, entities formed…more

Appeals, Article I, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

IRS Releases Interim “Fallback” Guidance For Updating Financial Instruments To Account For LIBOR And IBOR Phaseout

On October 9, 2020, the Internal Revenue Service released Revenue Procedure 2020-44 to provide guidance for the market’s transition from the U.S. Dollar based London Interbank Offered Rate and other interbank offered rates upon…more

Alternative Reference Rates Committee (ARRC), Inter-Bank Offered Rates (IBORs), International Tax Issues, IRS, ISDA

See all updates »

FTC Proposes Increased Merger Scrutiny

The Justice Department and Federal Trade Commission (“FTC”) last week proposed more than a dozen new rules intended to decrease corporate concentration and increase market competition. The new rules follow what antitrust…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

California Update: New COVID-19 Laws

In addition to recent revisions to its legal tests for characterizing works as employees or as independent contractors (blog post available here), California has passed numerous other laws to respond to the COVID-19 pandemic…more

California Family Rights Act (CFRA), Coronavirus/COVID-19, Family and Medical Leave Act (FMLA), Independent Contractors, Paid Leave

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

TABOR's Tightrope: Navigating Fiscal Terrain in Colorado Contracts

The Taxpayer Bill of Rights (“TABOR”) is part of Article X of the Colorado Constitution. In general, TABOR requires voter approval before taxes can be raised by the state and local governments (collectively defined as…more

Billing, Colorado, IRS, Medicare, Public Finance

See all updates »

Department Of Labor Proposes New Default Electronic Disclosure Safe Harbor

On October 23, 2019, the Department of Labor (“DOL”) released proposed regulations titled “Alternative Method for Disclosure Through Electronic Media – Notice and Access.” The regulations propose a new alternative safe harbor…more

Department of Labor (DOL), Electronic Disclosure, Employee Benefits, Employee Retirement Income Security Act (ERISA), Safe Harbors

See all updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See all updates »

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

See all updates »

Trial Court Holds That Title VII’s Religious Employer Exemption Does Not Bar A Sexual Orientation Discrimination Claim

In what appears to be the first case directly addressing the issue, a U.S. District Court judge recently ruled that Title VII’s exemption for religious employers does not bar a claim of employment discrimination based on sexual…more

Bostock v Clayton County Georgia, Civil Rights Act, SCOTUS, Sex Discrimination, Sexual Orientation

See all updates »

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

See all updates »

10 Tips To Preserve Insurance Coverage For COVID-19 Claims

In the midst of the COVID-19 crisis, many businesses hope (and appropriately so) that insurance—whether business interruption, event cancellation, D&O or otherwise—will step in and pay for some of those losses. However, the…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, D&O Insurance, Infectious Diseases

See all updates »

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  • 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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