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Wilson Sonsini Goodrich & Rosati

CMA Orders Meta to Divest GIPHY

On November 30, 2021, the UK Competition and Markets Authority (CMA) concluded that the acquisition by Facebook (now Meta) of GIPHY, a deal which was originally signed in April 2020 and completed in May 2020, would reduce...more

Foley & Lardner LLP

Live, Work and Play in a Legal Metaverse: Preparing for a New Online Existence

Foley & Lardner LLP on

Companies spend billions and invest heavily in technologies that offer greater telepresence and enable an individual’s digital life. Will humans interact with each other via avatars in a three-dimensional virtual space? The...more

Smart & Biggar

Branding in the metaverse - how brand owners can find growth in the virtual realm

Smart & Biggar on

Overview of the metaverse - Facebook’s recent re-branding to Meta1 has significantly increased interest in the “metaverse”. Although the concept of the metaverse is still evolving, it is generally understood to be a...more

Manatt, Phelps & Phillips, LLP

California Court Rejects Vicarious Liability Claims

Claims of vicarious liability under the Telephone Consumer Protection Act (TCPA) failed in California federal court after the plaintiff was unable to demonstrate that the defendants had provided the caller with authority to...more

Pillsbury - CommLawCenter

FOX NFL Pre-Game Emergency Alert Tone Puts Affiliates in a Difficult Position

As the trades have reported, a rather unusual spot appearing to be a FOX NFL promo aired during yesterday’s NFL pre-game show. What made it particularly unusual was that it included an EAS-like tone, and had a URL at the...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Kelley Drye & Warren LLP

NAD Frowns on Byte’s Incentivized Reviews

As advertisers wait to see what the FTC will do after sending 700 warning letters related to influencers and incentivized reviews, the NAD has been resolving disputes on similar issues. Yesterday, NAD announced a new decision...more

Manatt, Phelps & Phillips, LLP

CEO Evades Personal Liability in TCPA Suit

A New Jersey federal court has refused to hold the CEO of companies also named as defendants in a Telephone Consumer Protection Act (TCPA) lawsuit personally liable. ...more

Manatt, Phelps & Phillips, LLP

ATDS Sufficiently Alleged, Illinois Court Says

The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal...more

Bradley Arant Boult Cummings LLP

Same As It Ever Was: FDA Reiterates That CBD Cannot Be Included in Food or Dietary Supplements

While we enter a new season this week, the same cannot be said for the FDA which, on November 16, reiterated that its approach to regulating the cannabidiol (CBD) industry will be “the same as it ever was”—a regulatory...more

Kelley Drye & Warren LLP

TCPA Tracker - November 2021

Recent News - State Attorneys General Urge FCC to Adopt “Know Your Customer” Requirements to Curb Illegal and Fraudulent Robocalls - In reply comments filed November 15, 2021, Fifty-One State Attorneys General...more

Kelley Drye & Warren LLP

USF Tracker - November 2021

Commentary - Are we seeing a once in a generation shift in our approach to Universal Service? For years, the FCC has administered the USF, overseeing four programs designed to bring connectivity to rural areas, to target...more

Wiley Rein LLP

Wireless Roundup (December 2021)

Wiley Rein LLP on

Key Wireless Deadlines- FCC Requests Comment on Implementation of PSAP Do-Not-Call Registry: The Federal Communications Commission (FCC or Commission) seeks comment on a Further Notice of Proposed Rulemaking (FNPRM) intended...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2021

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Hudson Cook, LLP

FTC Puts Businesses on Notice (Again) About Fake Reviews and Other Misleading Endorsements

Hudson Cook, LLP on

The Federal Trade Commission sounds like a broken record. We have repeatedly written about the trouble misleading endorsements and testimonials can cause. Endorsements, testimonials, and social media influencers currently sit...more

Thompson Coburn LLP

FTC warns of penalties for false endorsements

Thompson Coburn LLP on

As social media has been “blurring the lines,” the Federal Trade Commission decided to make one thing starkly clear: false endorsements, even through well-meaning consumer testimonials, are illegal. The FTC sent out a...more

Robins Kaplan LLP

The Robins Kaplan Privacy Pulse - Meta Faces Multistate Probe Into Engagement With Kids

Robins Kaplan LLP on

Ten state attorney generals’ offices have launched a joint investigation exploring whether Meta, formerly known as Facebook, broke consumer protection laws in its attempt to attract minors to its platforms, such as Instagram....more

Davis Wright Tremaine LLP

FCC to Quickly Launch New Affordable Connectivity Program

Mere days after the infrastructure bill became effective, the Federal Communications Commission (FCC) launched a rulemaking proceeding to create rules for the new $14.2 billion Affordable Connectivity Program (ACP). The ACP...more

Woods Rogers PLC

Questions About Tort and Contract Claims in the Cybersecurity Context Left Unsettled

Woods Rogers PLC on

Supreme Court of Virginia Declines Certified Questions from Federal Court in In re: Capital One Consumer Data Security Breach Litigation - The lawsuit In re: Capital One Consumer Data Security Breach Litigation, has already...more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Federal Legislation Eases Access to Financing for Broadband Projects with Qualified Private Activity Bonds

Congress has passed the Infrastructure Investment and Jobs Act of 2021, which President Biden signed on November 15, 2021. The Act includes approximately $65 billion in funding opportunities for the deployment of broadband...more

Wiley Rein LLP

FCC to Examine Spectrum Sharing Rules for NGSO FSS Systems

Wiley Rein LLP on

On November 23, 2021, the Federal Communications Commission (FCC or Commission) issued a Draft Order and Notice of Proposed Rulemaking (Order and NPRM) to address the agency’s rules for sharing spectrum among...more

Kelley Drye & Warren LLP

Food Industry Litigation and Regulatory Highlights, October 2021

Kelley Drye & Warren LLP on

Welcome back from the annual food coma known as Thanksgiving dinner. If you’re still dreaming of cranberries, stuffing, and pumpkin pie, continue the gastronomic journey with our monthly wrap up of what’s been going on in...more

Hogan Lovells

Acuerdo sobre contratación pública y autorizaciones provisionales en proyectos de infraestructura específicos

Hogan Lovells on

El 22 de noviembre de 2021 fue publicado en el Diario Oficial de la Federación el “Acuerdo por el que se instruye a las dependencias y entidades de la Administración Pública Federal a realizar las acciones que se indican, en...more

Foster Garvey PC

Online Travel Update: Expedia Partner Solutions offers carbon neutral hotel stays; traditional offline travel management companies...

Foster Garvey PC on

For those of you celebrating Thanksgiving this week, happy holidays. This week’s Update features a wide variety of stories, including PhocusWire’s annual list of the 25 hot travel startups. Enjoy....more

Hogan Lovells

UK government announces proposed changes to the 2017 Electronic Communications Code

Hogan Lovells on

Summary of government’s response to the January 2021 consultation “Access to Land: changes to the Electronic Communications Code”, published on 24 November 2021 The UK government has announced plans to fine-tune the 2017...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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

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

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Collection of Information

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

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How is your information shared?

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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.
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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
10 Liberty Ship Way, Suite 300
Sausalito, California 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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:

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  4. Permit connectivity with social media networks to permit content sharing.

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

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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.
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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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