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Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
Ervin Cohen & Jessup LLP

California Lifts Regional Stay at Home Order

On January 25, 2021, the California Department of Public Health announced that it was lifting the Regional Stay at Home Order for all regions statewide, including Southern California. Four-week ICU capacity projections for...more

Harris Beach PLLC

Sweeping Changes to Uniform Rules for the Supreme Court and County Court

Harris Beach PLLC on

Effective Feb. 1, 2021, New York’s Uniform Rules for the Supreme Court and County Court will see sweeping changes. A product of the courts and power delegated by the New York State Constitution, these rules govern the...more

Holland & Knight LLP

Colombia avanza en prohibición constitucional de minería e hidrocarburos en páramos

Holland & Knight LLP on

Con el fin de cumplir con el requisito de publicidad a la comunidad en general, el Ministerio de Minas mediante Decreto 052 de 19 de enero de 2021 publicó el proyecto de acto legislativo que reformaría la Constitución...more

Proskauer - Proskauer For Good

First Circuit Upholds Right to Secretly Record Police in Public

On December 15, 2020, the U.S. Court of Appeals for the First Circuit affirmed the grant of summary judgment in favor of our clients, holding the Massachusetts Wiretap Statute (Mass. Gen. L. ch. 272, § 99) unconstitutional...more

Troutman Pepper

No Federal Court Standing for Data Breach Claims Alleging Theft of Non-Sensitive Personal Information

Troutman Pepper on

A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his...more

Vandeventer Black LLP

Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

Vandeventer Black LLP on

The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question.  In Veterans4You LLC v. United States,...more

Wiley Rein LLP

Political Privacy Update: Supreme Court to Hear Two Donor Privacy Cases From California

Wiley Rein LLP on

On January 8, the U.S. Supreme Court granted certiorari in two donor privacy challenges to California’s compulsory donor disclosure for nonprofit organizations. The first is Americans for Prosperity Foundation v. Xavier...more

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

Construction and Demolition Debris/Flow Control: Federal Court Addresses Challenge to King County, Washington Ordinance

A United States District Court (W.D. Washington) (“Court”) addressed in a January 14th Order a challenge to certain provisions of a solid waste flow control ordinance (“Ordinance”). See Skycorp LTD v. King County, 2021 WL...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit: Waiver and Constitutional Avoidance

The Federal Circuit issued just one precedential opinion last week.  But it’s an interesting one:  The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial...more

Holland & Knight LLP

Venezuela Update: January 19, 2021 (Spanish)

Holland & Knight LLP on

Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors....more

Holland & Knight LLP

Venezuela Update: January 19, 2021

Holland & Knight LLP on

Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors....more

TNG Consulting

Cross-Examination as a Procedural Due Process Right for Respondents

TNG Consulting on

Messeri v. University of Colorado at Boulder, No. 1:18-cv-02658-WJM-SKC In 2016, Jane Doe and Messeri met on the campus of the University of Colorado at Boulder where Messeri was enrolled. One night, while in Messeri’s room,...more

Obermayer Rebmann Maxwell & Hippel LLP

Political Speech in the Workplace: Navigating a Rocky Political Climate in a Private Workplace

Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more

Ballard Spahr LLP

Federal Court Dismisses CCPA Claim Against Marriot International, Inc. For Lack of Standing

Ballard Spahr LLP on

On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against Marriott...more

Polsinelli

OFCCP Issues Opinion Letter Protecting “Controversial” Religious Beliefs

Polsinelli on

On January 8, 2021, the Office of Federal Contract Compliance Programs (OFCCP) issued an opinion letter on “Legal Protections for Religious Liberty in the Workplace.” The opinion letter builds on OFCCP’s recent regulations...more

Snell & Wilmer

In Utah, Preconstruction Lien Notice Deficiencies Affect Payment Bond Claims Too

Snell & Wilmer on

You’re a landowner in Utah, and fail to get a payment bond for commercial work a contractor is doing on your property, and the value of the work exceeds $50,000. To protect lien rights, contractors working on your property...more

Weiner Brodsky Kider PC

9th Circuit Holds CFPB Director Validly Ratified CID Issued While the CFPB’s Structure was Unconstitutional

On December 29, 2020, the U.S. Court of Appeals for the Ninth Circuit issued its decision on remand from the Supreme Court, following the Supreme Court’s holding that the CFPB’s structure was unconstitutional because the...more

Fisher Phillips

Worker Advocates File Suit To Toss California’s Gig Economy Law

Fisher Phillips on

Just two months after 58% of Californians voted it into effect and not even one month after it became law of the state, a group of workers and a major union have filed suit to overturn the results of Proposition 22, the...more

Bricker & Eckler LLP

DOL concludes FLSA ministerial exception can apply to religious daycare and preschool teachers, depending on their duties

Bricker & Eckler LLP on

In an opinion letter issued January 8, 2020, the U.S. Department of Labor (DOL) addressed whether the ministerial exception allows a private religious daycare and preschool to pay teachers in a manner that would not comply...more

FordHarrison

Driving in Reverse? Uber/Lyft Drivers Seek to Undo California's Proposition 22

FordHarrison on

Note to Readers: In this two part-series, we will discuss major developments in California’s gig economy landscape this week. Part 1 discusses a lawsuit filed by Uber and Lyft drivers challenging the constitutionality of Prop...more

Jones, Skelton & Hochuli, P.L.C.

Arizona Supreme Court Holds: No Search Warrant or Court Order is Needed to Obtain an Internet User’s IP Address or ISP Subscriber...

In 2016, an undercover Tucson Police Department detective posted an advertisement on an online forum seeking users interested in child pornography. Someone with the user name “tabooin520” contacted the detective and asked to...more

Holland & Knight LLP

The PREP Act and Vaccines Immunize, But Equally Well?

Holland & Knight LLP on

The executive and judicial branches do not see eye-to-eye on the scope of PREP Act immunity. The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have...more

Thompson Coburn LLP

We’ve got ‘beef’: Plant-based meat maker appeals decision in favor of Oklahoma’s new labeling law

Thompson Coburn LLP on

A plant-based meat company is appealing to the Tenth Circuit Court of Appeals a federal judge’s recent refusal to halt Oklahoma’s Meat Consumer Protection Act, which requires a disclaimer on plant-based food products that use...more

Spilman Thomas & Battle, PLLC

Mitigating the Risk of Loss of a Delinquent Collateral Asset in the Era of Autonomous Zones

Following the death of George Floyd during his arrest in Minneapolis, Minnesota, America experienced months of civil unrest throughout the country. It was during these protests that some began to assert that civil society in...more

McAfee & Taft

Setting the record straight on “free speech” rights in the workplace

McAfee & Taft on

Freedom of Speech. Most Americans seem to agree it is the most fundamental of rights guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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

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Collection of Information

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How We Protect Your Information

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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
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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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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:

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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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