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Console and Associates, P.C.

Saint Louis University Announces Data Breach Affecting the Personal Information of 93k People

On March 15, 2024, Saint Louis University (“SLU”) filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party was able to access certain SLU email accounts. In this notice,...more

Console and Associates, P.C.

Rancho Family Medical Group Notifies Patients of KMJ Health Solutions Data Breach

On March 11, 2024, Rancho Family Medical Group (“Rancho Family Medical “) filed a notice with the Attorney General of California describing a third-party data breach at KMJ Health Solutions (“KMJ”), one of the company’s...more

Console and Associates, P.C.

Nations Direct Mortgage Notifies Over 83k of Recent Data Breach

On March 6, 2024, Nations Direct Mortgage, LLC filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party was able to access the company’s computer system. In this notice,...more

Goldberg Segalla

Motion for Partial Summary Judgment of Regulator Manufacturer Denied

Goldberg Segalla on

Court: Supreme Court of the State of New York, New York County (NYCAL) - Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to asbestos-containing gaskets...more

Console and Associates, P.C.

Hendry Regional Medical Center Notifies Patients of 2022 Data Breach that Leaked Their SSNs and Medical Information

On March 12, 2024, Hendry County Hospital Authority d/b/a Hendry Regional Medical Center (“HRMC”) filed a notice of data breach with the Attorney General of Montana after discovering that it had been the victim of a 2022...more

Console and Associates, P.C.

R1 RCM Announces Data Breach Affecting Patients of Dignity Health’s St. Rose Dominican Hospital de Lima

In March 2024, R1 RCM Inc. filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to access confidential information belonging to certain consumers. In...more

Console and Associates, P.C.

CCM Health Notifies Patients of April 2023 Data Breach

On March 12, 2024, CCM Health filed a notice of data breach with the Attorney General of Montana after discovering that unauthorized actors were able to access the company’s IT network. In this notice, CCM Health explains...more

Console and Associates, P.C.

Gerson Lehrman Group Recently Discovers November 2023 Data Breach Leaking 152k Consumers’ SSNs

On March 12, 2024, Gerson Lehrman Group, Inc. (“GLG”) filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized third party accessed data from GLG’s computer system. In this...more

Marshall Dennehey

The Sufficiency of a Store’s Inspection and Maintenance Policies Are Only Relevant After Establishment of Notice of the Hazardous...

Marshall Dennehey on

Steffe v. Walmart Supercenter #2023, 2023 WL 6216712 (M.D. Pa. 2023) - The plaintiff, a customer at the defendant’s store, slipped and fell on a puddle located on the floor of the store’s restroom. The defendant filed a...more

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

McAfee & Taft on

A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

Console and Associates, P.C.

Rebound Orthopedics & Neurosurgery Announces Data Breach Stemming from February 2024 Cyberattack

On March 7, 2024, Rebound Orthopedics & Neurosurgery filed a notice of data breach with the Attorney General of Montana after learning that the company’s computer network was accessed by an unauthorized party. In this notice,...more

Console and Associates, P.C.

Bradford-Scott Data Sends Data Breach Letters to Customers of Wellness Federal Credit Union and Others

On March 8, 2024, Bradford-Scott Data, LLC (“Bradford-Scott”) filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party was able to access portions of the company’s IT...more

Console and Associates, P.C.

Orsini Specialty Pharmacy Notifies Patients of January 2024 Data Breach

On March 8, 2024, Orsini Pharmaceutical Services d/b/a/ Orsini Specialty Pharmacy (“Orsini”) filed a notice of data breach with the Attorney General of Montana after discovering that an unauthorized party had gained access to...more

Segal McCambridge

What The Hookah?! Assumption of the Risk Doctrine Does Not Apply To Accident At Hookah Lounge

Segal McCambridge on

In Gilliard v. Manhattan Nuvo LLC, New York’s Appellate Division, First Department held that the assumption of the risk doctrine did not extend to an accident at a birthday party at a hookah (a water pipe used to smoke...more

Marshall Dennehey

A Store Does Not Have a Duty to Constantly Monitor its Premises for Potential Hazards, and Any Alleged Failure to Monitor Is Not...

Marshall Dennehey on

Smalis v. Home Depot U.S.A., Inc., 2023 WL 8479242 (W.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, slipped and fell on water located on the floor of the men’s restroom. After the defendant removed the...more

Console and Associates, P.C.

UC San Diego Health Announces Data Breach Following January 2024 Phishing Attack

On March 8, 2024, UC San Diego Health (“UCSD Health”) filed a notice of data breach with the Attorney General of California after discovering an email phishing attack gave an unauthorized party access to various email...more

Console and Associates, P.C.

Eastern Radiologists Files Notice of Data Breach Affecting over 886,000 Patients

On February 29, 2024, Eastern Radiologists, Inc. filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party was able to access the...more

Searcy Denney Scarola Barnhart & Shipley

The Legal Implications of the Exactech Recall for Patients and Hospitals

Exactech is a manufacturer of medical implants, including ankle, knee, hip and shoulder replacement devices. Unfortunately, due to poor manufacturing practices and quality control issues, Exactech has been forced to recall...more

Console and Associates, P.C.

Cyberattack at Change Healthcare Causes Pharmacy Outage at CVS and Other Pharmacies

Recently, Change Healthcare reported that it was the target of a massive cyberattack. In response, Change Healthcare disconnected its systems to limit the impact of the incident. However, by doing so, the company sent many...more

Console and Associates, P.C.

Assurance IQ Data Breach Affects an Unknown Number of Consumers

On March 4, 2024, Assurance IQ, LLC (“Assurance”) filed a notice of data breach with the Attorney General of California after discovering that an Assurance employee shared consumer information for an unauthorized purpose. In...more

Console and Associates, P.C.

California-Based Kids Care Dental & Orthodontics Experiences Data Breach Following Cyberattack

On March 7, 2024, CDC Dental Management, Co., LLC dba Kids Care Dental & Orthodontics (“Kids Care”) filed a notice of data breach with the Attorney General of California after discovering that it had been the target of a...more

Goldberg Segalla

Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

Goldberg Segalla on

Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more

Foley & Lardner LLP

CPSC Shares its Grand Plan at ICPHSO Annual Meeting

Foley & Lardner LLP on

The United States Consumer Product Safety Commission (CPSC) staff presented at several sessions during the International Consumer Product Health and Safety Organization’s (ICPHSO) annual meeting and training symposium in...more

Searcy Denney Scarola Barnhart & Shipley

What to Do If You've Been Affected by the Exactech Recall

If you have had problems with an Exactech ankle, knee, hip or shoulder implant, you are not alone. At the request of the U.S. Food and Drug Administration (FDA), Exactech has recalled hundreds of thousands of defective ankle,...more

Console and Associates, P.C.

NewGen Administrative Services Experiences Data Breach Affecting 105,425 Individuals

On February 23, 2024, NewGen Administrative Services, LLC filed a notice of data breach with the California Attorney General and the U.S. Department of Health and Human Services Office for Civil Rights after discovering that...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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Collection of Information

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

How do we use this information?

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

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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.
    • 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:

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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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