Clark Hill PLC

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500 Woodward Avenue
Suite 3500
Detroit, MI 48226, United States
Phone: 313.965.8300
Fax: 313.965.8252
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • Arizona
  • California
  • D.C.
  • Delaware
  • Illinois
  • Michigan
  • Nevada
  • New Jersey
  • New York
  • Pennsylvania
  • Texas
  • West Virginia
Other Countries
  • Ireland
  • Mexico
Number of Attorneys
400+ Attorneys

Many States Have New Minimum Wage Rate in 2018

Beginning January 1, 2018, a number of states increased their minimum wage. While the federal minimum wage rate for nonexempt employees has remained $7.25 an hour since July 2009, many states have enacted statutes providing for…more

Employer Liability Issues, Minimum Wage, Wage and Hour

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Repeal of Michigan's Prevailing Wage Act

Michigan’s long-standing Wages and Fringe Benefits on State Projects Act, MCL 408.551, et seq., commonly known as the Michigan “Prevailing Wage Act,” was repealed by the Michigan Legislature on June 6, 2018. The Prevailing Wage…more

Prevailing Wages, School Boards, School Districts, Wage and Hour

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Changes to California's Proposition 65

California’s Proposition 65 applies to any product sold in California, or any location in the state. It requires that, if the product or location contains one of over 900 potentially cancer causing or reproductive toxicant…more

Chemicals, Proposition 65, Toxic Chemicals, Warning Labels

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Implications of a Government Shutdown

On January 20, 2018, the US Government formally shutdown pending approval of a federal spending bill by Congress. Though it appears Congress is working towards passage of a stop gap spending bill, in the interim, the shutdown is…more

Customs and Border Protection, DOL, Government Shutdown, ICE, Severe Violators Enforcement Program (SVEP)

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New Trade Case on Imports of Certain Fabricated Structural Steel From Canada, China, and Mexico

New U.S. antidumping (“AD”) and countervailing duty (“CVD”) investigations were filed on February 1, 2019 by the American Institute of Steel Construction, LLC (“Petitioner”) against imports of certain fabricated structural steel…more

Anti-Dumping Duty, Countervailing Duties, Imports, ITC, Tariffs

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Will Tax Reform’s Elimination of Advance Refundings Usher in a New Era of Municipal Derivatives?

With the termination of tax-exempt advance refunding bonds squarely in the crosshairs of the tax reform measures making their way through both houses of Congress, the municipal market needs to consider the impact of the loss of…more

Bonds, Infrastructure, Municipal Bonds, Proposed Legislation, State and Local Government

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When Disaster Strikes: Picking up the Pieces

The last few weeks have been a struggle for many Americans dealing with natural disasters. As employers and businesses attempt to make sense of losses and get back to business, below are some suggestions that may help during the…more

FEMA, FLSA, Hurricane Harvey, Labor Code, Natural Disasters

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Yet Another ET Rover Pipeline Accident

The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident. I have documented past problems with the construction of the ET Rover pipeline. Last week, yet another…more

Condemnation, Easements, Eminent Domain, Oil & Gas, Pipelines

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House of Representatives Pressing SEC to Broaden Definition of Accredited Investors

For several years now Congress has been at odds with the Securities Exchange Commission over reducing barriers to capital formation of new businesses in America and increasing access of everyday citizens to private investments…more

Accredited Investors, Capital Formation, Issuer Eligibility Criteria, Legislative Agendas, SEC

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EPA Makes Major Clean Water Act Announcement

On December 11, 2018, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released its highly-anticipated proposal to clarify the definition of Waters of the U.S. (“WOTUS”) for purposes of…more

Clean Water Act, EPA, Navigable Waters, US Army Corps of Engineers, Waters of the United States

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Attorney-Client Privilege Extends to Patent Agents

In a recent opinion, the Texas Supreme Court resolved a question of interest to patent attorneys—is there a privilege for communications between a patent agent and his client? In re Silver, No. 16-0682, 2018 Tex. LEXIS 171 (Tex…more

Attorney-Client Privilege, Evidence, Patent Agent Privilege, Patent Litigation, Patents

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New Michigan Law Allows More Fuel Stations to Sell Alcohol

On Tuesday, April 12, 2016, Michigan Governor Rick Snyder signed into law a bill which will allow more Michigan fuel station owners to sell alcoholic beverages for off-premises consumption. The new law goes into effect 90 days…more

New Legislation, Retail Sales, Wine & Alcohol

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Direct Contractors Potentially Liable for Subcontractors' Failure to Pay Wages

Commencing on January 1, 2018, California has enforced and made effective AB 1701 (Labor Code § 218.7). In accordance with this new law, "direct contractors" on private works of improvements will now be directly liable for “any…more

Construction Industry, Contractors, Labor Commissioners, Subcontractors, Unpaid Wages

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Pennsylvania Federal Court Issues Groundbreaking Opinion on Sexual Orientation Discrimination

While the stunning election of Donald Trump as this country's 45th President certainly will go down as historic, it's not the only groundbreaking news to have impacted the societal and employment landscape over the last…more

Civil Rights Act, Corporate Counsel, EEOC, Sexual Orientation, Sexual Orientation Discrimination

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National Labor Relations Board's General Counsel Issues Guidance On Employer Handbook Rules

On June 6, 2018, the National Labor Relations Board General Counsel issued GC Memorandum 18-04, Guidance on Handbook Rules Post-Boeing. In the Memorandum, the General Counsel analyzes various common work rules and employment…more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

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Pennsylvania Supreme Court Completes Revival of Environmental Rights Amendment

A 5-to-1 majority of the Pennsylvania Supreme Court recently confirmed that the text of the Environmental Rights Amendment to the Pennsylvania Constitution (Article 1, Section 27) is the appropriate standard of judicial review…more

EHB, Environmental Rights Amendment, Natural Resources, PA Supreme Court

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When Can an Employer Insist on Confidentially in an HR Investigation? DC Circuit Relaxes Standard Set by NLRB

On March 25, 2017, in Banner Health Systems v NLRB, the United States Court of Appeals, District of Columbia Circuit, refused to enforce the National Labor Relations Board's (Board) Order that found that the employer violated…more

Corporate Counsel, Employer Liability Issues, NLRA, NLRB, Section 7

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Texas OIG Turns Over New Leaf: MCOs Must Turn Attention to SIUs

More active SIUs may mean more scrutiny of Medicaid providers - The Texas Office of Inspector General (OIG) has just completed its first full year of reforms under a new Inspector General. 2017 may reveal whether these…more

Audits, CHIP, Fraud Abuse and Waste, Government Investigations, Managed Care Contracts

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Innovation: Opening the Door for Regulatory Engagement

Since Donald Trump took office the hot topic has been “deregulation”. However, contradicting this ideal are efforts by financial regulators to incorporate the use of financial technology by financial institutions and fintech…more

Banking Sector, CFPB, FDIC, Financial Services Industry, FinTech

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Receiving Data from Europe: The EU-US Privacy Shield

The European Union ("EU") recently announced that the new EU-US Privacy Shield Agreement ("Privacy Shield") is adequate to meet EU data privacy requirements and allow for the transfer of personal data from the EU to the US in…more

Data Protection Authority, Data Security, EU, EU-US Privacy Shield, European Court of Justice (ECJ)

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Court Case Shows Importance of Monitoring Student Progress Under an IEP

A recent decision by the United States Sixth Circuit Court of Appeals underscored the importance of monitoring and ensuring the progress of special education students under their Individualized Education Plans (“IEP”), and…more

ALJ, Disabled Children, Free Appropriate Public Education (FAPE), IDEA, Individualized Education Programs (IEPs)

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Court Case Shows Importance of Monitoring Student Progress Under an IEP

A recent decision by the United States Sixth Circuit Court of Appeals underscored the importance of monitoring and ensuring the progress of special education students under their Individualized Education Plans (“IEP”), and…more

ALJ, Disabled Children, Free Appropriate Public Education (FAPE), IDEA, Individualized Education Programs (IEPs)

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The Customer Finally Pays, But the Bankruptcy Trustee Demands the Payment Be Returned; What to do When Faced with a Preference Action

Many businesses have been there - a customer who is always slow to pay or, worse yet, has stopped all payments. You diligently press them for payment and after many promises, you finally receive payment. The receivable finally…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Debtors, Preferential Transfers

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Delaware Court Denies Request of Beverly Hills Entities to Require Chapter 11 Debtor to Properly Abandon Wells

In In re Venoco, LLC, 2017 WL 2374683 (May 31, 2017), the Delaware bankruptcy court denied the request of California governmental agencies to require the Debtor to comply with environmental obligations with regard to an oil and…more

Abandonment, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors

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Potential Remedy for Addicks & Barker Reservoir Release Victims

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused flooding…more

Dams, Flood Insurance, Flooding, Hurricane Harvey, Inverse Condemnation

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Pennsylvania State Construction Notices Directory Is Now Available

Consistent with the October 2014 amendments to the Pennsylvania Mechanics' Lien Law, the Pennsylvania Department of General Services has created the internet-based State Construction Notices Directory (the "Directory"). The…more

Construction Industry, Contractors, Mechanics Lien, Subcontractors

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OFCCP Sends One Thousand Contractors Scheduling Announcement Letters

On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent Corporate Scheduling Announcement Letters (CSAL) to 1,000 federal contractors notifying the contractors that the OFCCP might conduct audits of…more

Affirmative Action, Audits, CSALs, Federal Contractors, OFCCP

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Increased Disclosure Obligations Aimed at Greater Transparency in Municipal Securities Market

On August 15, 2018, the Securities and Exchange Commission ("SEC") created new disclosure obligations for borrowers that issue debt through the municipal bond market…more

Borrowers, Disclosure Requirements, Municipal Bonds, Municipal Securities Issuers, Municipal Securities Market

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State Legislation Bans Seclusion and Restraint

On December 29, 2016, Lieutenant Governor Brian Calley signed legislation that bans Michigan public schools and public school academies from secluding or physically restraining students, except in emergency situations. The…more

Department of Education, New Legislation, Public Schools, School Safety, Security

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White House Kicks Off NEPA Reform

The White House Council on Environmental Quality (“CEQ”) has issued an Advanced Notice of Proposed Rulemaking (“ANPRM”) providing an exceptional opportunity for stakeholders to participate in improving the federal National…more

Advanced Notice of Proposed Rulemaking (ANPRM), Environmental Policies, Environmental Review, NEPA

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NVOCC Maritime Lien Enforcement: Do Your Documents Protect Your Interests?

In the recent opinion issued by the United States Court of Appeals for the Third Circuit, World Imps., Ltd., et al. v. OEC Grp. N.Y. (In re World Imps., Ltd.), 2016 U.S. App. LEXIS 7118, the Court determined that certain general…more

Commercial Bankruptcy, Liens, Maritime Transport, NVOCCs, Shipping

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Court Case Shows Importance of Monitoring Student Progress Under an IEP

A recent decision by the United States Sixth Circuit Court of Appeals underscored the importance of monitoring and ensuring the progress of special education students under their Individualized Education Plans (“IEP”), and…more

ALJ, Disabled Children, Free Appropriate Public Education (FAPE), IDEA, Individualized Education Programs (IEPs)

See all updates »

HUD Issues Final Rule on Unlawful Hostile Environment and Quid Pro Quo Harassment

On September 14, 2016, the Department of Housing and Urban Development ("HUD") issued a final rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act."…more

Civil Rights Act, Fair Housing Act (FHA), Final Rules, Hostile Environment, HUD

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Donating To Employees Affected By Hurricane Harvey

According to a recent estimate from the U.S. Chamber of Commerce, companies have pledged more than $157 million to relief efforts addressing the devastation of Hurricane Harvey. But when your own employees are the people in need…more

Disaster Aid, Donations, Hurricane Harvey, IRS, Qualified Disaster Relief Payments

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New Illinois Law Requires Employers to Reimburse Employee Expenses

On August 26, 2018, Illinois amended the Illinois Wage Payment and Collection Act (IWPCA), to include the requirement that employers must reimburse their employees for all expenses within the scope of “necessary expenditures…more

Business Expenses, Employer Liability Issues, Popular, Reimbursements, State Labor Laws

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The National Labor Relation Board Vacates Its Recent Joint Employment Ruling

The National Labor Relations Board recently vacated its December 2017 decision in Hy-Brand Industrial Contractors, Ltd., which limited joint employer liability for affiliated businesses. By vacating the Hy-Brand decision, the…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRB

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IRS Releases Proposed Regulations on the § 199A Qualified Business Income Deduction

The IRS and Treasury have released proposed regulations under newly-enacted Internal Revenue Code Section 199A, which creates a deduction for qualified business income that non-corporate taxpayers receive from passthrough…more

Business Income, Business Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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In Landmark Decision, Federal District Court Holds the ADA Protects Gender Dysphoria

In Blatt v. Cabela's Retail, Inc., No. 5:14-CV-04822 (E.D. Pa. May 18, 2017), a federal judge in the Eastern District of Pennsylvania allowed a transgender plaintiff to pursue a claim against the outdoor retail chain under the…more

ADA, Corporate Counsel, Employer Liability Issues, Gender Identity, Transgender

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Lawsuit Filed Challenging DOL Overtime Rule

Twenty-one states, including Michigan, have joined forces to challenge the U.S. Department of Labor’s new overtime rules in a lawsuit filed in a Texas federal court Tuesday. In the Complaint, the plaintiffs seek a declaratory…more

DOL, Exempt-Employees, Minimum Salary, Over-Time, Wage and Hour

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SEC Proposes Far-Reaching Expansion of Municipal Securities Disclosure to Include Bank Loans and Other Financial Obligations

The Securities and Exchange Commission (the "SEC") is proposing to amend its Rule 15c2-12 to expand the list of event disclosures that must be provided by issuers of municipal securities ("issuers") and conduit borrowers…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds, SEC

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2018 Benefits Limits

Please see full 2018 Benefit Limits Chart below for more information…more

401k, 403(b) Plans, 457(b) Plans, Defined Contribution Plans, Employee Benefits

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GAO Bid Protests Go Electronic On May 1, 2018 (And With A Fee)

The U.S. Government Accountability Office (“GAO”) announced that, beginning May 1, 2018, bid protests with the GAO must be submitted electronically through its new electronic bid protest docketing system. Along with this new…more

Bid Protests, Federal Contractors, GAO

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Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying…more

Bullying, Due Process, Educational Institutions, Equal Protection, Harassment

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How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob and…more

Estate Planning, No Contest Clause, Probable Cause, Wills

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The New World of Drone Law

Part 107 of the FAA Modernization and Reform Act of 2012 (FMRA) became effective August 29, 2016. Part 107 integrates commercial use of drones, known as Unmanned Aerial Systems (“UAS”), into the National Airspace System. A…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Unmanned Aircraft Systems

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HUD Issues Final Rule on Unlawful Hostile Environment and Quid Pro Quo Harassment

On September 14, 2016, the Department of Housing and Urban Development ("HUD") issued a final rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act."…more

Civil Rights Act, Fair Housing Act (FHA), Final Rules, Hostile Environment, HUD

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Some Small Employers May Reimburse Employees' Premium and Other Uninsured Medical Expenses

The IRS previously determined that employers are not allowed to reimburse employees for premium expenses incurred for an individual health insurance policy or directly pay such premiums without violating the Patient Protection…more

21st Century Cures Initiative, Affordable Care Act, IRS, Qualified Small Employer Health Reimbursement Plan (QSEHRAs), Reimbursements

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Cook County - City of Chicago Triennal Reassessment for 2018

The 2018 Reassessment for the City of Chicago is now underway. Since 2009, the property tax rate has risen from 4.6 percent to 7.1 percent, resulting in an increase of tax payment to about $7.10 for every $100.00 in equalized…more

Property Owners, Property Tax, Property Valuation, Reassessments, State and Local Government

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There’s No Place Like Home

Analysis of the 2 Prongs of the Patent Venue Statute for Domestic Corporations after the May 22, 2017 TC Heartland U.S. Supreme Court Decision. First Prong of 28 USC 1400(b) – “[a]ny civil action for patent infringement may…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Patent Litigation, Personal Jurisdiction

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First-Ever "Spoofing" Conviction Upheld by the Seventh Circuit

In today's computer-driven world, trading firms use computer software to execute, at very high speed, large volumes of trades. Their trading strategies take advantage of minor discrepancies in the prices of securities or…more

Commodities, Criminal Convictions, Dodd-Frank, Indictments, Market Manipulation

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Nevada Supreme Court Provides Important Guidance on Definition of “Health Benefits” for the Purposes of the Minimum Wage Amendment to the State Constitution

The Minimum Wage Amendment (MWA) to the Nevada Constitution allows employers that provide “health benefits” to pay an hourly minimum wage of one dollar per hour less than employers who do not. The meaning of “health benefits”…more

Employee Benefits, Employer Liability Issues, Health Insurance, Minimum Wage, Wage and Hour

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Changes in MACRA Creating Complications in Healthcare

Healthcare is still buzzing about CMS’s Medicare physician two-track payment system, MACRA. The Merit-Based Incentive Payment System (MIPS) is a complex pay-for-performance system based on traditional fee-for-service (FFS). The…more

Alternative Payment Models (APM), CMS, Medicare, Medicare Access and CHIP Reauthorization (MACRA), MIPS

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Implementation of Revisions to Proposition 65's Warning Language Requirements is One Year Out

Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires consumer warnings for products that contain one or more of numerous listed chemicals that are known by the State of California…more

Chemicals, OEHHA, Proposition 65, Toxic Chemicals, Warning Labels

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SCOTUS Carves Out an Exception to the No-Impeachment Rule

On March 6, 2017, Pena-Rodriguez v. Colorado opened the curtain on jury deliberations for the purpose of correcting racial and ethnic bias that might have infected a jury's verdict. In Pena-Rodriguez, the United States Supreme…more

Impeachment, Pena-Rodriguez v Colorado, Racial Bias, SCOTUS, Sixth Amendment

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New Trade Secrets Law: What it Means for Your Business

On May 11, 2016, President Barack Obama signed into law the landmark Defend Trade Secrets Act ("DTSA"), which amends the Economic Espionage Act. The DTSA, which was passed almost unanimously by Congress, creates a new federal…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Immunity, Intellectual Property Protection

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Court Rules Title IX Prohibits Schools From Discriminating Against Transgender Students in Bathroom Access

In a highly anticipated decision, the United States District Court for the Eastern District of Virginia has rejected a school board’s motion to dismiss a lawsuit brought by a transgender former student over the school system’s…more

Department of Education, School Restrooms, Students, Title IX, Transgender

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Brave New World: Caution and Clarification for Life Insurance Carriers and Insurtech Partners Using Nontraditional Data

The New York Department of Financial Services (“DFS”) recently released guidance describing how a life insurer may use so-called “external data,” that is, data not directly related to an applicant’s medical condition, without…more

Insurance Industry, Life Insurance, NYDFS

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“New and Improved” Design Professional Lien Rights and Procedures in Michigan

On December 12, 2018, Governor Snyder signed into law Public Act 367 of 2018, which amends the Michigan Construction Lien Act, MCL § 570.1101, et seq. (“CLA”) to provide design professionals (i.e., licensed architects,…more

Construction Contracts, Construction Liens, Design Professionals, Subcontractors

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Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?

Do architects and engineers owe a common law duty (i.e. non-contractual duty) to Contractors or Owners for alleged negligence, errors, or omissions when performing services? That answer may depend on what services are at issue…more

Architects, Construction Industry, Construction Project, Contractors, Design-Build

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A Glimmer of Hope for Franchisors Fearing Joint Employer Liability

In a recent article published by the Franchise Law Journal, authors Mary-Christine Sungaila and Martin M. Ellison survey the current status of joint employer liability in the franchise context and the pervasive influence of…more

Browning-Ferris Industries of California Inc., CA Supreme Court, Control Test, Dominos, Franchises

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DOL Revives Prior Practice of Issuing Fact-Specific Opinion Letters In Response to Employer Wage & Hour Questions

The Department of Labor’s Wage and Hour Division recently made good on its promise to revive wage and hour Opinion Letters by issuing seventeen (17) such letters addressing whether a variety of occupations are exempt from…more

Administrative Interpretation, Corporate Counsel, DOL, FLSA, Opinion Letter

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Practice Alert: President Trump Terminates DACA

On September 5, 2017, Attorney General Jeff Sessions, speaking on behalf of President Donald J. Trump, announced the termination of the Deferred Action for Childhood Arrivals (DACA) program. In this Practice Alert, we explain…more

DACA, Deportation, DHS, Employment Authorization Documents (EAD), Immigration Reform

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Dodging the Issue: The Supreme Court "Weighs" In On Bankruptcy Law

The Supreme Court has been unusually busy in addressing bankruptcy-related matters by issuing two recent opinions – Merit Management Group, L.P. v. FTI Consulting, Inc. (“Merit”) and U.S. Bank, N.A., as Trustee v. Village at…more

Arms Length Transactions, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Fraudulent Transfers

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Court Vacates EPA Stay of Methane Emissions Final Rule

The U.S. Court of Appeals for the District of Columbia Circuit recently held that the Environmental Protection Agency (EPA) lacked authority under the Clean Air Act (CAA) to stay a final rule concerning methane and other…more

Clean Air Act, EPA, Greenhouse Gas Emissions, Methane, Oil & Gas

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Sixth Circuit Upholds City's Retiree Health Cuts

In a decision dated September 1, 2017, the United States Court of Appeals for the Sixth Circuit issued a decision making it much easier for Michigan municipal entities to reduce or eliminate retiree health obligations. In…more

Collective Bargaining Agreements (CBA), Medical Benefits, Retirement

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The U.S. Government is Shut Down but Most Immigration Agencies are Operating

As the U.S. Government shutdown begins, many are left wondering about how such a shutdown may impact immigration-related agencies. The U.S. Department of Labor (DOL) is impacted the most. Typically, if a U.S. government shuts…more

Customs and Border Protection, DOL, Government Shutdown, ICE, OFLC

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Providing Conditions May Help Establish Patent Infringement

In Travel Sentry, Inc. v. David Tropp (Fed. Cir. 2017), the Federal Circuit clarified two or more parties can commit patent infringement of a method patent if one of the parties is conditioning the other(s). This ruling may…more

Covered Business Method Patents, Direct Infringement, Divided Infringement, Induced Infringement, Limelight v Akamai

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Bad News for Companies in Illinois Using Fingerprints, Voice Scans, and Other Biometric Information: Plaintiffs Need Not Show Harm Beyond Alleging a Violation under the Illinois Biometric Information Privacy Act (the “BIPA”)

Many businesses collect and store biometric information for a myriad of reasons, including, for example, verifying the accuracy of time cards for employees of manufacturers and restaurants to ensure accurate payment of wages, or…more

Actual Injuries, Amusement Parks, Biometric Information, Biometric Information Privacy Act, Consent

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Non-Renewal of Probationary Teacher Contracts

The deadlines are approaching for non-renewal of probationary teacher contracts. The standard probationary period is five years. Under the Michigan Teachers’ Tenure Act, MCL 38.83, a board of education is required to…more

Board of Education, Contract Renewal, Teachers

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IRS Releases Rental Real Estate Safe Harbor and Final Regulations for Section 199A Deduction

The IRS has released the long-awaited final regulations on the Section 199A qualified business income deduction. Along with the regulations, the IRS released Notice 2019-07 that contains a proposed revenue procedure with a safe…more

Business Income, IRS, Popular, Real Estate Market, Section 199

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One Year Anniversary of U.S.-Cuba Diplomatic Relations

On July 20, 2016, the United States and Cuba marked the first anniversary of the re-establishment of diplomatic relations between both countries. Key events from the preceding year include: - The re-opening of the U.S…more

Barack Obama, Cuba, Trade Relations

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Changes to California's Proposition 65

California’s Proposition 65 applies to any product sold in California, or any location in the state. It requires that, if the product or location contains one of over 900 potentially cancer causing or reproductive toxicant…more

Chemicals, Proposition 65, Toxic Chemicals, Warning Labels

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Supreme Court Unanimously Rules that the Federal Arbitration Act Does Not Apply to Contracts of Employment of Certain Transportation Workers

On January 15, 2019, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira, 528 U.S. __, that the Federal Arbitration Act (“FAA”) does not apply to disputes involving contracts of employment of certain transportation…more

Appeals, Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Exceptions

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Federal Court Vacates Incentive Provisions of EEOC Wellness Regulations Beginning in 2019

On December 20, 2017, Judge John D. Bates of the United States District Court for the District of Columbia issued an order vacating the incentive provisions of the United States Equal Employment Opportunity Commission (“EEOC”)…more

AARP, ADA, EEOC, Employee Benefits, GINA

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IRS Releases Rental Real Estate Safe Harbor and Final Regulations for Section 199A Deduction

The IRS has released the long-awaited final regulations on the Section 199A qualified business income deduction. Along with the regulations, the IRS released Notice 2019-07 that contains a proposed revenue procedure with a safe…more

Business Income, IRS, Popular, Real Estate Market, Section 199

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Chicago U.S. Attorney Creates New Unit to Prosecute Health Fraud

On Thursday, July 20, 2017, acting U.S. Attorney for the Northern District of Illinois, Joel R. Levin, announced his office is increasing its attention on healthcare through a new Health Care Fraud Unit focused on prosecuting…more

Anti-Kickback Statute, Criminal Prosecution, DOJ, Health Care Providers, Healthcare Fraud

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Newly Effective CFIUS Pilot Program for Critical Technology Requires Mandatory Review of Covered Transactions Involving Foreign Investments

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which recently amended the Exon-Florio amendments to the Defense Production Act of 1950 (together, “Exon-Florio”) was signed into law on August 13, 2018 to…more

CFIUS, Federal Pilot Programs, FIRRMA, Foreign Investment, NAICS

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When Is Summary Judgment Evidence “On File”?

In Lance v. Robinson, No. 16-0323, 2018 Tex. LEXIS 246 (Mar. 23, 2018), the Texas Supreme Court confirmed that when deciding a summary judgment motion, a court may consider evidence not attached to the motion as long as the…more

Appeals, Deeds, Evidence, Motion for Summary Judgment, Real Estate Transfers

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Bad News for Companies in Illinois Using Fingerprints, Voice Scans, and Other Biometric Information: Plaintiffs Need Not Show Harm Beyond Alleging a Violation under the Illinois Biometric Information Privacy Act (the “BIPA”)

Many businesses collect and store biometric information for a myriad of reasons, including, for example, verifying the accuracy of time cards for employees of manufacturers and restaurants to ensure accurate payment of wages, or…more

Actual Injuries, Amusement Parks, Biometric Information, Biometric Information Privacy Act, Consent

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DOJ and FTC Issue Updated Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the United States Department of Justice and Federal Trade Commission issued updated Antitrust Guidelines for the Licensing of Intellectual Property. The updates refine the federal government's original…more

Antitrust Provisions, Competition, DOJ, FTC, IP License

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General Data Protection Regulation Brief

The European Union’s (“EU”) General Data Protection Regulation (“GDPR”) is fast approaching, and it is far-reaching, as it will affect a significant number of organizations across the globe, even if they are not located in the…more

Cybersecurity, Data Controller, Data Processors, Data Protection, Data Protection Officers (DPOs)

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The Soft Underbelly of the Sustainable Groundwater Management Act

Winston Churchill once used the phrase the “soft underbelly of Europe” to attempt to coax the Allies into invading Europe to force Germany to split its resources. The Sustainable Groundwater Management Act (SGMA) also has a…more

CERCLA, Groundwater, Groundwater Management Plan, Sustainable Groundwater Management Act (SGMA)

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Recreational Marijuana is About To Be Legal in Michigan: What Employers Need to Know

Effective December 6, 2018, it will be legal in Michigan for persons 21 years of age or older to use and possess marijuana and marijuana products. While the law does not impact an employer’s right to maintain and enforce…more

Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies, Marijuana

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New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent a…more

Disability, Guardians, Special Needs Adults

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SEC Updates Guidance on Cybersecurity Disclosures

On Wednesday, February 21, 2018, the Securities and Exchange Commission (SEC) issued updated guidance regarding cybersecurity disclosures, explaining that “[i]n light of the increasing significance of cybersecurity incidents,”…more

Cybersecurity, Disclosure Requirements, Guidance Update, Insider Trading, SEC

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Agencies Propose New Health Reimbursement Arrangement Regulations

New proposed regulations expand the usability and availability of health reimbursement arrangements (HRAs). Under the proposed regulations, employers could provide an HRA that is integrated with individual health coverage…more

Employee Benefits, Health Insurance, HRA, Proposed Regulation

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Supreme Court Unanimously Rules that the Federal Arbitration Act Does Not Apply to Contracts of Employment of Certain Transportation Workers

On January 15, 2019, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira, 528 U.S. __, that the Federal Arbitration Act (“FAA”) does not apply to disputes involving contracts of employment of certain transportation…more

Appeals, Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Exceptions

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Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by consumers…more

Communications Decency Act, Defamation, Immunity, Online Reviews, Section 230

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Collection of Funds in Individual Retirement Accounts: Are They Really Exempt?

This article explores the assumption that IRAs are fully exempt from attachment by judgment creditors. Recently, Clark Hill argued that a judgment debtor's use of IRA funds for purposes that were not intended by Illinois exempt…more

Creditors, Internal Revenue Code (IRC), IRA, IRS, Retirement Plan

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In Appellate Courts, (Seemingly Almost) Every Day’s a Holiday

As this is being written, the office is quiet because it’s a federal holiday, and the weather forecasters are predicting Snowmageddon (defined as a 1% or more chance of one or more particles of frozen precipitation falling…more

Appellate Courts, Appellate Rules, Deadlines, Filing Deadlines, Holidays

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California Consumer Privacy Act: Action Required by New Privacy Law

Signed into law in June 2018, California’s Consumer Privacy Act of 2018 (“CCPA”) has a broad reach as it is set to go into effect on January 1, 2020. Referred by many as one of the strictest consumer privacy laws in the nation,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Presumed Employee: California Supreme Court Reverses Old Classification Test for Delivery Drivers in Wage and Hour Class Actions

On April 30, 2018, California’s high court unanimously ruled in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County that certain workers should be presumed employees instead of independent contractors when…more

Class Action, Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob and…more

Estate Planning, No Contest Clause, Probable Cause, Wills

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2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Ninth Circuit Affirms Use of Time Card Rounding

In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the U.S. Ninth Circuit Court of Appeals confirmed that - despite the technology available in today's workplace - employers can still use rounding to track…more

Corporate Counsel, Employer Liability Issues, Time Cards, Timekeeping, Wage and Hour

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Warning for Taxpayers Prepaying Real Property Taxes in 2017

Under a new law enacted as part of the Tax Cuts and Jobs Act of 2017, effective January 1, 2018, individuals’ combined federal income tax deduction for state and local income, sales, and property taxes is limited to $10,000. For…more

IRS, Property Tax, State Taxes, Tax Cuts and Jobs Act, Tax Deductions

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What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how…more

Anti-Retaliation Provisions, Decriminalization of Marijuana, Employer Liability Issues, Employment Discrimination, Employment Policies

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UPDATE: House and Senate Tax Reform Bills Agree on Ending Municipal Bond Advance Refundings

On November 9, 2017, the House Ways and Means Committee approved H.R. 1 -- the Tax Cuts and Jobs Act -- which now is teed up for approval by the full House of Representatives. A few hours later, Senate Finance Committee Chairman…more

Bonds, Municipal Bonds, Tax Credits, Tax Reform, Tax-Exempt Bonds

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New Jersey Joins The Growing Number Of States With Paid Sick Leave Laws

New Jersey Governor Murphy signed into law an expansive paid sick leave program. Proudly signing the law, Governor Murphy said “there is no reason anyone should have to choose between economic security and their health.”…more

Employer Liability Issues, Local Ordinance, Paid Leave, Paid Time Off (PTO), Sick Leave

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Immigration Law Update - August 2017

United States Citizenship and Immigration Services (USCIS) released the latest Form I-9, Employment Eligibility Verification, on July 17, 2017. Employers will be able to either (1) use this revised version or (2) continue using…more

Customs and Border Protection, DHS, Employer Liability Issues, Employment Authorization Documents (EAD), Hiring & Firing

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Illinois Passes Sweeping Energy Legislation

On December 7, 2016, Illinois Governor Bruce Rauner signed into law broad-reaching legislation popularly known as the Future Energy Jobs Bill (Public Act 99-0906), the largest state energy action since Illinois deregulated its…more

Energy Sector, New Legislation, State and Local Government

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Website Operators Need to Re-register Copyright Agents Under DMCA by December 31, 2017

On December 1, 2016, the U.S. Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act ("DMCA") notices of claimed infringement with a new electronic system. As part of this…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Popular

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New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent a…more

Disability, Guardians, Special Needs Adults

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Unique Tax Deferral Opportunity with an ESOP Sale

Under a specific set of facts, a C-corporation sale to an ESOP may be able to utilize the tax provision benefits of combining Section 1202 of the Internal Revenue Code of 1986, as amended (the “Code”) and Code Section 1042…more

C-Corporation, ESOP, Internal Revenue Code (IRC), Tax Deferral

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Real Estate Firm Websites Becoming Targets Over ADA Compliance

If you are a "place of public accommodation," you are required to comply with the Americans With Disabilities Act (ADA) standards. "Places of public accommodation" are not just restaurants, office buildings or shopping centers…more

ADA, Advanced Notice of Proposed Rulemaking (ANPRM), DOJ, Public Accommodation, Title III

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Supreme Court Overturns 42-Year Precedent and Strikes Down State Fair Share Laws

This week the Supreme Court issued its long-awaited decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 et al., striking down “fair share” union fees for government workers. As a…more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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The U.S. Department of Labor's Shift in Policy: A Win for Businesses?

On June 7, 2017, the Secretary of Labor announced that the Department of Labor is withdrawing its Obama-era Wage and Hour Administrator's Administrative Interpretations addressing joint employment and independent contractors…more

DOL, Employer Liability Issues, FLSA, Independent Contractors, Joint Employers

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U. S. Department of Education Guidance on Transgender Students

The U.S. Department of Education and U.S. Department of Justice issued a joint Dear Colleague Letter ("DCL") on transgender students on May 13, 2016. The DCL is accompanied by a second document by the Department of Education…more

Department of Education, Gender Discrimination, Gender Identity, Title IX, Transgender

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New Laws Provide Clarification for Medical Marijuana Patients, Caregivers and Provisioning Centers

On September 21, 2016, Governor Snyder signed a three-bill package to clarify the state's voter-approved medical marijuana law adopted in 2008. House Bills 4209, 4210, and 4827 authorize cities, townships and villages to permit…more

Local Ordinance, Marijuana, Medical Marijuana

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Will Tax Reform’s Elimination of Advance Refundings Usher in a New Era of Municipal Derivatives?

With the termination of tax-exempt advance refunding bonds squarely in the crosshairs of the tax reform measures making their way through both houses of Congress, the municipal market needs to consider the impact of the loss of…more

Bonds, Infrastructure, Municipal Bonds, Proposed Legislation, State and Local Government

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OCC Encourages Lending to Underserved Borrowers

On May 23, 2018, the Office of the Comptroller of the Currency (“OCC”) issued a bulletin, titled “Description: Core Lending Principles for Short-Term, Small-Dollar Installment Lending” (the “Bulletin”), outlining the OCC’s new…more

Banking Sector, Lenders, OCC, Short-Term Loans

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Bad News for Companies in Illinois Using Fingerprints, Voice Scans, and Other Biometric Information: Plaintiffs Need Not Show Harm Beyond Alleging a Violation under the Illinois Biometric Information Privacy Act (the “BIPA”)

Many businesses collect and store biometric information for a myriad of reasons, including, for example, verifying the accuracy of time cards for employees of manufacturers and restaurants to ensure accurate payment of wages, or…more

Actual Injuries, Amusement Parks, Biometric Information, Biometric Information Privacy Act, Consent

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Texas Supreme Court: Error to Exclude Video Without Viewing

“If, as it is often said, a picture is worth a thousand words, then a video is worth exponentially more. Images have tremendous power to persuade, both in showing the truth and distorting it.” Diamond Offshore Serv. Ltd. v…more

Admissible Evidence, Employment Litigation, Evidence, TX Supreme Court, Unfair Prejudice

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EEOC Implements Nationwide Procedures for Releasing Respondents' Position Statements to Charging Parties

The Equal Employment Opportunity Commission (EEOC) recently implemented a new procedure that allows Charging Parties to request and obtain the Respondent employer's position statements and non-confidential attachments during the…more

Confidential Information, Discrimination, EEOC, Government Investigations, Position Statements

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New Trade Case on Imports of Certain Fabricated Structural Steel From Canada, China, and Mexico

New U.S. antidumping (“AD”) and countervailing duty (“CVD”) investigations were filed on February 1, 2019 by the American Institute of Steel Construction, LLC (“Petitioner”) against imports of certain fabricated structural steel…more

Anti-Dumping Duty, Countervailing Duties, Imports, ITC, Tariffs

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EPA Announces Highly-Anticipated PFAS Action Plan

On February 14, 2019, the Environmental Protection Agency (“EPA”) released its long-awaited Per- and Polyfluoroalkyl Substances (“PFAS”) Action Plan (“Action Plan”). Once widely used in manufacturing processes because of their…more

CERCLA, Chemicals, Clean Water Act, EPA, Hazardous Substances

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2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Big Changes Enacted to Michigan’s Minimum Wage and Paid Sick Time Laws

On December 14, 2018, Governor Rick Snyder signed bills significantly amending Michigan’s Earned Sick Time Act and Michigan’s Minimum Wage Law. The bills will become effective on March 28 or March 31, 2019, depending on when…more

Employer Liability Issues, Minimum Wage, Paid Leave, Sick Leave, State Labor Laws

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How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob and…more

Estate Planning, No Contest Clause, Probable Cause, Wills

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Another Bite At The Apple, Another Opportunity for Appeal

Many interlocutory orders in Texas state court can be immediately appealed, but only if a notice of appeal is filed within 20 days. The Texas Supreme Court, in City of Magnolia 4A Development Corporation v. Smedley, recently…more

Governmental Immunity, Interlocutory Appeals, Motion to Dismiss, Municipalities, Summary Judgment

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The United States Supreme Court Limits Where Patent Infringement Cases Can Be Filed

The United States Supreme Court limited the locations where patent infringement suits can be filed, in its decision in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017. Previously, patent owners could sue wherever…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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Michigan’s Legalization of Marijuana Need Not to Change School District Policies

On November 6, 2018, Michigan voters passed Proposal 1, which legalizes the possession, use, and cultivation of marijuana and certain products containing marijuana by persons 21 years or older. The new law became effective on…more

Decriminalization of Marijuana, Employment Policies, Marijuana, School Districts, State and Local Government

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USCIS Extends and Expands the Temporary Suspension of Premium Processing

On August 28, 2018, the United States Citizenship and Immigration Services (USCIS) announced it is extending the temporary suspension of premium processing for CAP-subject H-1B petitions to February 19, 2019…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, USCIS

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Pennsylvania Supreme Court Holds that Former Employees are Not Entitled to Inspect their Personnel Files

It is an issue that human resources professionals frequently face. An employee is discharged. The employee, or the employee's attorney, demands the opportunity to inspect the employee's personnel file to determine whether the…more

Employer Liability Issues, Former Employee, Hiring & Firing, Human Resources Professionals

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The Illinois Commerce Commission Announces NextGrid Initiative to Advance Energy Policies That Will Empower Customers and Foster Economic Development

The Illinois Commerce Commission ("ICC") recently announced a significant initiative entitled "NextGrid," designed to explore technological advancements and potential revisions to the existing utility and regulatory models. The…more

Electricity, Energy Sector, Power Grid

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New Tax Bill Contains Important Implications for Employers

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act into law. The Act includes many changes for employers, including a tax credit for providing paid family and medical leave, elimination of a business expense…more

FMLA, Non-Disclosure Agreement, Sexual Harassment, Tax Cuts and Jobs Act, Tax Reform

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Texas Ethics Opinion Weighs In On Online Investigative Research

A recent Texas Ethics Opinion, Ethics Opinion 671, holds that lawyers may be subject to discipline for anonymously contacting third-parties for the limited purpose of obtaining identifying or jurisdictional information about…more

Data Collection, Depositions, Ethics, Jurisdiction, Legal Ethics

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The H-1B CAP Has Been Reached

On April 6, 2018, U.S. Citizenship and Immigration Services ("USCIS") announced that between April 2, 2018 and April 6, 2018, USCIS received more than enough applications for new H-1B visas for the 2019 government fiscal year…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures

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FBI Issues Public Service Announcement of Cyber Threats Related to Student Use of Educational Technologies

On September 13, 2018, the Federal Bureau of Investigation (FBI) released a public service announcement in an effort to increase awareness of the vulnerability of K-12 students to the threat of cyber attacks…more

Cyber Attacks, Cyber Threats, Cybersecurity, FBI, Malware

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Limit of a General Contractor's Liability Under the Common Work Area Doctrine

The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’…more

Construction Industry, Contractors, Employer Liability Issues, General Contractors, Negligence

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Innovation: Opening the Door for Regulatory Engagement

Since Donald Trump took office the hot topic has been “deregulation”. However, contradicting this ideal are efforts by financial regulators to incorporate the use of financial technology by financial institutions and fintech…more

Banking Sector, CFPB, FDIC, Financial Services Industry, FinTech

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2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

See all updates »

The H-1B CAP Has Been Reached

On April 6, 2018, U.S. Citizenship and Immigration Services ("USCIS") announced that between April 2, 2018 and April 6, 2018, USCIS received more than enough applications for new H-1B visas for the 2019 government fiscal year…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures

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When is a Post-Judgment Order Final and Appealable?

The Texas Supreme Court addressed when – following appeal and remand – an order or judgment of the trial court is “final” for purposes of appellate court jurisdiction in McFadin, III v. Broadway Coffeehouse, No. 16-0560, 2018…more

Appeals, Attorney's Fees, Commercial Property Owners, Final Judgment, Jurisdiction

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Trade War Intensifies Over $200 Billion In Chinese Imports

President Trump on July 10, 2018 fired another salvo in the trade war with China when he proposed the imposition of a 10% tariff on another $200 billion of Chinese goods. This proposal is a counterattack on China’s retaliatory…more

China, Imports, Section 301, Tariffs, Trade Relations

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How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob and…more

Estate Planning, No Contest Clause, Probable Cause, Wills

See all updates »

DOJ's New FCPA Guidance and Pilot Program

On April 5, 2016, in an effort to bolster FCPA Compliance, the Department of Justice issued its "Foreign Corrupt Practices Act Enforcement Plan and Guidance" identifying the following three steps to enhance its FCPA enforcement…more

Cooperation, Criminal Penalties, DOJ, FCPA, Federal Pilot Programs

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Phase 2 of HIPAA Audit Program Launched

The U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced on March 21, 2016 that it has officially launched Phase 2 of its Health Insurance Portability and Accountability Act (“HIPAA”)…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), HIPAA, HIPAA Audits

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Political Robocall Regulatory Considerations

In the midst of the campaign season it is important for campaign committees, political party committees, third-party advocacy groups, and vendors to be aware of the laws regulating prerecorded voice messages and autodialed calls…more

FCC, Federal Election Commission (FEC), FTC, Robocalling, TCPA

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Cook County - City of Chicago Triennal Reassessment for 2018

The 2018 Reassessment for the City of Chicago is now underway. Since 2009, the property tax rate has risen from 4.6 percent to 7.1 percent, resulting in an increase of tax payment to about $7.10 for every $100.00 in equalized…more

Property Owners, Property Tax, Property Valuation, Reassessments, State and Local Government

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Prison for Bankruptcy Fraud Where Creditors Paid 100%

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the amount of concealed assets in a bankruptcy fraud case in which creditors were…more

Bankruptcy Code, Chapter 13, Chapter 7, Creditors, Fraud

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SCOTUS Rules Out-of-State Plaintiffs’ Access to State Courts Limited by 14th Amendment

In the recent decision, Bristol-Myers Squibb Company (BMS) v. Superior Court (2017) ___ US ____, the Supreme Court followed a string of recent decisions by further limiting out of state plaintiffs’ access to courts in…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Fourteenth Amendment, General Jurisdiction, Personal Jurisdiction, Pharmaceutical Industry

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The U.S. Government is Shut Down but Most Immigration Agencies are Operating

As the U.S. Government shutdown begins, many are left wondering about how such a shutdown may impact immigration-related agencies. The U.S. Department of Labor (DOL) is impacted the most. Typically, if a U.S. government shuts…more

Customs and Border Protection, DOL, Government Shutdown, ICE, OFLC

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Sexual Harassment in the 21st Century

In the wake of the Harvey Weinstein scandal, there has been a social media "Me Too" movement where women have been asked to post "Me Too" if they have ever experienced sexual harassment or intimidation in the workplace. The…more

Anti-Harassment Policies, EEOC, Employee Training, Employer Liability Issues, Harassment

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Sex, Lies and Defamation

On Monday, July 25, 2016, the Ninth Circuit emphasized the continuing viability of defamation claims in cyberspace, notwithstanding a culture saturated in images and "anything goes," by permitting a defamation claim by an…more

Anti-SLAPP, Defamation, False Light, Pornography, Public Interest

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Prison for Bankruptcy Fraud Where Creditors Paid 100%

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the amount of concealed assets in a bankruptcy fraud case in which creditors were…more

Bankruptcy Code, Chapter 13, Chapter 7, Creditors, Fraud

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HUD Issues Final Rule on Unlawful Hostile Environment and Quid Pro Quo Harassment

On September 14, 2016, the Department of Housing and Urban Development ("HUD") issued a final rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act."…more

Civil Rights Act, Fair Housing Act (FHA), Final Rules, Hostile Environment, HUD

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First-Ever "Spoofing" Conviction Upheld by the Seventh Circuit

In today's computer-driven world, trading firms use computer software to execute, at very high speed, large volumes of trades. Their trading strategies take advantage of minor discrepancies in the prices of securities or…more

Commodities, Criminal Convictions, Dodd-Frank, Indictments, Market Manipulation

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Dodging the Issue: The Supreme Court "Weighs" In On Bankruptcy Law

The Supreme Court has been unusually busy in addressing bankruptcy-related matters by issuing two recent opinions – Merit Management Group, L.P. v. FTI Consulting, Inc. (“Merit”) and U.S. Bank, N.A., as Trustee v. Village at…more

Arms Length Transactions, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Fraudulent Transfers

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New AIA Contract Documents Change Insurance Requirements

While other industry forms are now competing, the AIA Contract Documents remain the most used contract and construction-administration forms in the construction industry. In order to keep pace with industry trends, the AIA…more

AIA Construction Forms, Commercial Insurance Policies, Construction Contracts, Construction Industry, Insurance Industry

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Judge Awards $500,000 Against School District for Student Bullying

A Pennsylvania Judge has ordered the School District of Pennsylvania to pay $500,000, plus attorney fees, to the family of a former student who claimed the school district failed to prevent severe bullying over her gender…more

Bullying, Public Schools, School Districts, Students, Title IX

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Disclose Foreign Assets Now: IRS To Discontinue OVDP

U.S. individuals and entities are subject to numerous reporting requirements for foreign assets. Failure to comply with such requirements can lead to criminal exposure and significant civil penalties…more

FBAR, Foreign Financial Accounts, IRS, Offshore Funds, OVDP

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MDE Guidance Relating to Evaluation Training Funds

Last week, the Michigan Department of Education (MDE) issued guidance on how funds for research, development and training related to educator evaluations will be awarded. This guidance is found on the MDE website, the tab…more

Employee Evaluations, Public Schools, Teachers, Training

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California Consumer Privacy Act: Action Required by New Privacy Law

Signed into law in June 2018, California’s Consumer Privacy Act of 2018 (“CCPA”) has a broad reach as it is set to go into effect on January 1, 2020. Referred by many as one of the strictest consumer privacy laws in the nation,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Pennsylvania Supreme Court Holds that Former Employees are Not Entitled to Inspect their Personnel Files

It is an issue that human resources professionals frequently face. An employee is discharged. The employee, or the employee's attorney, demands the opportunity to inspect the employee's personnel file to determine whether the…more

Employer Liability Issues, Former Employee, Hiring & Firing, Human Resources Professionals

See all updates »

First-Ever "Spoofing" Conviction Upheld by the Seventh Circuit

In today's computer-driven world, trading firms use computer software to execute, at very high speed, large volumes of trades. Their trading strategies take advantage of minor discrepancies in the prices of securities or…more

Commodities, Criminal Convictions, Dodd-Frank, Indictments, Market Manipulation

See all updates »

Proposition 65 and the Hospitality Industry

Amendments to California’s Proposition 65 have imposed specific warning requirements on hospitality businesses. A failure to comply with these requirements can result in investigations by the Attorney General, or private law…more

Chemicals, Hospitality Industry, Proposition 65, Safe Drinking Water Act, Toxic Chemicals

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End of Year Deadline is Fast Approaching for Potable Water Testing in Illinois Schools

In Illinois, all school buildings constructed prior to January 1, 1987, must have every drinking water source tested for lead prior to December 31, 2017. (225 ILCS 320/29). A school building is defined as any building (or…more

Drinking Water, Educational Institutions, Lead, Public Health, Public Schools

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Illinois Enters Second Year Without Budget

The Illinois General Assembly left the last day of the 2016 spring legislative session, May 31st, without a budget to present to the Governor. The House passed a comprehensive budget that the Governor stated is $7.5 billion more…more

Collective Bargaining, General Assembly, Public Schools, State and Local Government, State Budgets

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Supreme Court Overturns 42-Year Precedent and Strikes Down State Fair Share Laws

This week the Supreme Court issued its long-awaited decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 et al., striking down “fair share” union fees for government workers. As a…more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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Illinois Bankruptcy Court Nullifies Lender's Right To Block Debtor's Bankruptcy Filing

Often, as part of a forbearance agreement, a lender will obtain a provision requiring its consent to any subsequently filed bankruptcy; the theory being that if the business debtor subsequently defaults under its restructured…more

Bankruptcy Court, Blocking Statutes, Chapter 11, Commercial Bankruptcy, Commercial Loans

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Direct Contractors Potentially Liable for Subcontractors' Failure to Pay Wages

Commencing on January 1, 2018, California has enforced and made effective AB 1701 (Labor Code § 218.7). In accordance with this new law, "direct contractors" on private works of improvements will now be directly liable for “any…more

Construction Industry, Contractors, Labor Commissioners, Subcontractors, Unpaid Wages

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Supreme Court Allows States to Require Sales Tax Collection by Out-of-State Sellers

For over fifty years, states have been prohibited from requiring an out-of-state seller that lacked a physical presence in the taxing state to collect and remit sales tax on sales into the state. Yesterday, in a historic…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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The Michigan Department of Civil Rights Releases 2017 Revised Michigan Law Prohibits Discrimination Poster

The Michigan Department of Civil Rights ("MDCR") recently released its revised version of the posting Michigan Law Prohibits Discrimination required by the Michigan Elliott-Larsen Civil Rights Act and the Persons with…more

Disability Discrimination, Employee Rights, Employer Liability Issues, Reasonable Accommodation

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Trump Campaign Ethic Rules Do Not Violate the National Labor Relations Act

In the political world, campaigns sometimes forget that they are businesses subject to state and federal employment laws. Driving this reality home on Tuesday, the National Labor Relations Board’s Office of General Counsel…more

Employment Policies, Hiring & Firing, NLRA, Political Campaigns, Section 7

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Getting Comfortable with Lender Comfort Letters

As the global real estate economy continues its recovery from the severe economic recession nearly a decade ago, hotel and hospitality real estate transactions have been robust as of late. According to the "Hotel investment…more

Acquisitions, Franchise Agreements, Lenders, Liquidated Damages, Real Estate Market

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Illinois Commerce Commission Names NextGrid Lead Facilitator

On August 1, 2017, the Illinois Commerce Commission ("ICC") announced that the lead facilitator for the NextGrid Utility of the Future Study will be a group of professors from the University of Illinois. The facilitators are…more

Energy Sector, Power Grid, Utilities Sector

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U.S. Supreme Court Rejects FDCPA Liability in Bankruptcy Proceeding

On Monday, May 15, 2017, the Supreme Court put to rest a theory of liability under the Fair Debt Collections Practices Act (FDCPA or Act) that had a major impact not only upon the credit and collection industry, but bankruptcy…more

Bankruptcy Code, Chapter 13, Consumer Bankruptcy, Debt Buyers, Debt Collection

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Is Your Healthcare Facility Ready for an Emergency?

Deadline Approaches for Compliance with CMS Emergency Preparedness Requirements. With the headlines full of news about Hurricane Harvey hitting the Texas coast, this is a good time for healthcare providers to remember the…more

CMS, Disaster Preparedness, Emergency Management Plans, Final Rules, Health Care Providers

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Trump Campaign Ethic Rules Do Not Violate the National Labor Relations Act

In the political world, campaigns sometimes forget that they are businesses subject to state and federal employment laws. Driving this reality home on Tuesday, the National Labor Relations Board’s Office of General Counsel…more

Employment Policies, Hiring & Firing, NLRA, Political Campaigns, Section 7

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New OSHA Reporting Rule

The Occupational Safety and Health Administration's (OSHA) new rule to Improve Tracking of Workplace Injuries and Illnesses takes effect in two phases on August 10, 2016 and January 1, 2017. Beginning August 10, 2016, the rule…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, OSHA, Reporting Requirements

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Bad News for Companies in Illinois Using Fingerprints, Voice Scans, and Other Biometric Information: Plaintiffs Need Not Show Harm Beyond Alleging a Violation under the Illinois Biometric Information Privacy Act (the “BIPA”)

Many businesses collect and store biometric information for a myriad of reasons, including, for example, verifying the accuracy of time cards for employees of manufacturers and restaurants to ensure accurate payment of wages, or…more

Actual Injuries, Amusement Parks, Biometric Information, Biometric Information Privacy Act, Consent

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Clean Power Plan - Work Continues Despite Stay

Even though the U.S. Supreme Court has stayed the implementation of EPA’s Clean Power Plan, planning continues at the state level on carbon emission reduction strategies…more

Carbon Emissions, Clean Energy, Clean Power Plan, EPA, Order to Stay

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Will Tax Reform’s Elimination of Advance Refundings Usher in a New Era of Municipal Derivatives?

With the termination of tax-exempt advance refunding bonds squarely in the crosshairs of the tax reform measures making their way through both houses of Congress, the municipal market needs to consider the impact of the loss of…more

Bonds, Infrastructure, Municipal Bonds, Proposed Legislation, State and Local Government

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The Ninth Circuit Reiterates That “Knowingly” Handling Hazardous Waste Without a Permit Is a General Intent Crime Under RCRA § 6928(D)(2)(A)

Max Spatig was convicted of knowingly storing and disposing of hazardous waste without a permit and sentenced by the U.S. District Court for the District of Idaho to 46 months in prison under 42 U.S.C. § 6928(d)(2)(A). See U.S…more

Department of Environmental Quality, Environmental Crimes, Hazardous Waste, RCRA

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2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Developments Relating to DACA and TPS

This week has seen two significant developments affecting hundreds of thousands of noncitizens afforded protection from deportation under the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS)…more

DACA, DHS, Temporary Protected Status, Trump Administration, USCIS

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EPA Announces Highly-Anticipated PFAS Action Plan

On February 14, 2019, the Environmental Protection Agency (“EPA”) released its long-awaited Per- and Polyfluoroalkyl Substances (“PFAS”) Action Plan (“Action Plan”). Once widely used in manufacturing processes because of their…more

CERCLA, Chemicals, Clean Water Act, EPA, Hazardous Substances

See all updates »

2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

See all updates »

Brave New World: Caution and Clarification for Life Insurance Carriers and Insurtech Partners Using Nontraditional Data

The New York Department of Financial Services (“DFS”) recently released guidance describing how a life insurer may use so-called “external data,” that is, data not directly related to an applicant’s medical condition, without…more

Insurance Industry, Life Insurance, NYDFS

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Arizona Prompt Pay Act Held Inapplicable to Federal Construction Project

New Arizona case serves as a note of caution to the subcontractors doing work on federal projects, even if not directly contracting with a federal agency. On November 16, 2017, the Arizona Court of Appeals, Division One, in…more

Construction Project, Federal Contractors, Prompt Payment, Subcontractors

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Illinois Commerce Commission Names NextGrid Lead Facilitator

On August 1, 2017, the Illinois Commerce Commission ("ICC") announced that the lead facilitator for the NextGrid Utility of the Future Study will be a group of professors from the University of Illinois. The facilitators are…more

Energy Sector, Power Grid, Utilities Sector

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Supreme Court Overturns 42-Year Precedent and Strikes Down State Fair Share Laws

This week the Supreme Court issued its long-awaited decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 et al., striking down “fair share” union fees for government workers. As a…more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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Registrations Under New Federal Crowdfunding Regulation

As of July 1, 2016, more than fifty crowdfunding campaigns have been registered under the new federal regulation crowdfunding rules effective on May 16, 2016. In contrast, over a two year period of time only fourteen campaigns…more

Capital Raising, Crowdfunding, Investors, SBA

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Union Commits Unfair Labor Practice When It Demands Arbitration Over A Prohibited Subject of Bargaining

In an unpublished opinion, Michigan Education Association v Vassar Public Schools, No. 337899, May 22, 2018, the Michigan Court of Appeals affirmed the Michigan Employment Relations Commission’s (MERC) decision granting summary…more

Arbitration, Collective Bargaining Agreements (CBA), Employer Liability Issues, Unfair Labor Practices, Unions

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Getting Comfortable with Lender Comfort Letters

As the global real estate economy continues its recovery from the severe economic recession nearly a decade ago, hotel and hospitality real estate transactions have been robust as of late. According to the "Hotel investment…more

Acquisitions, Franchise Agreements, Lenders, Liquidated Damages, Real Estate Market

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Texas Judge Enjoins New FLSA Rules

To enjoin or not to enjoin – that certainly was the pivotal question answered today with respect to the legal fight over the FLSA Final Overtime Rule issued in May 2016. As we recently reported, in mid-September 2016, twenty-one…more

Administrative Procedure Act, Agency Deference, Congressional Intent, DOL, Final Rules

See all updates »

VETS-4212 Annual Report

The VETS-4212 is an annual report required under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) by the U.S. Department of Labor (DOL) Veterans' Employment and Training Service (VETS). All nonexempt Federal…more

DOL, Federal Contractors, Hurricane Harvey, Hurricane Irma, VETS 4212

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Prison for Bankruptcy Fraud Where Creditors Paid 100%

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the amount of concealed assets in a bankruptcy fraud case in which creditors were…more

Bankruptcy Code, Chapter 13, Chapter 7, Creditors, Fraud

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EPA Makes Major Clean Water Act Announcement

On December 11, 2018, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released its highly-anticipated proposal to clarify the definition of Waters of the U.S. (“WOTUS”) for purposes of…more

Clean Water Act, EPA, Navigable Waters, US Army Corps of Engineers, Waters of the United States

See all updates »

GAO Bid Protests Go Electronic On May 1, 2018 (And With A Fee)

The U.S. Government Accountability Office (“GAO”) announced that, beginning May 1, 2018, bid protests with the GAO must be submitted electronically through its new electronic bid protest docketing system. Along with this new…more

Bid Protests, Federal Contractors, GAO

See all updates »

The Trump Administration’s Proposal to Reorganize the FDA

The Trump Administration is proposing for the Food and Drug Administration (FDA) to get a makeover by removing food safety from FDA oversight and reorganizing all food safety functions into a single agency at the United State…more

FDA, Food Safety, OMB, Trump Administration, USDA

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EPA Announces Highly-Anticipated PFAS Action Plan

On February 14, 2019, the Environmental Protection Agency (“EPA”) released its long-awaited Per- and Polyfluoroalkyl Substances (“PFAS”) Action Plan (“Action Plan”). Once widely used in manufacturing processes because of their…more

CERCLA, Chemicals, Clean Water Act, EPA, Hazardous Substances

See all updates »

IRS Releases Rental Real Estate Safe Harbor and Final Regulations for Section 199A Deduction

The IRS has released the long-awaited final regulations on the Section 199A qualified business income deduction. Along with the regulations, the IRS released Notice 2019-07 that contains a proposed revenue procedure with a safe…more

Business Income, IRS, Popular, Real Estate Market, Section 199

See all updates »

U.S. Supreme Court Rejects Narrow Construction of FLSA Exemptions, Exempts Auto Service Advisors from Federal Overtime Requirements

The United States Supreme Court has recently ruled that service advisors at car dealerships are exempt from the overtime pay requirements of the federal Fair Labor Standards Act (FLSA), clarifying an issue that has gone back and…more

Automotive Industry, Car Dealerships, Exempt-Employees, FLSA, Navarro v Encino Motorcars

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EEOC Issues Updated Strategic Enforcement Plan for 2017-2021

On Monday, October 17, 2016, the Equal Employment Opportunity Commission ("EEOC") issued its updated Strategic Enforcement Plan ("SEP") for 2017-2021. The SEP identifies the following six priorities: - 1. Eliminating…more

EEOC, Equal Pay, Harassment, Hiring & Firing, Strategic Enforcement Plan

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Nevada Supreme Court Provides Important Guidance on Definition of “Health Benefits” for the Purposes of the Minimum Wage Amendment to the State Constitution

The Minimum Wage Amendment (MWA) to the Nevada Constitution allows employers that provide “health benefits” to pay an hourly minimum wage of one dollar per hour less than employers who do not. The meaning of “health benefits”…more

Employee Benefits, Employer Liability Issues, Health Insurance, Minimum Wage, Wage and Hour

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Federal Judge Blocks New Salary Level Overtime Regulations From Taking Effect December 1, 2016

A federal court in Texas late Tuesday, November 22, 2016, issued a preliminary injunction ("Injunction" or "Order") preventing the Department of Labor ("DOL")'s Final Rule and its regulations regarding the salary level for the…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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New Trade Case on Imports of Certain Fabricated Structural Steel From Canada, China, and Mexico

New U.S. antidumping (“AD”) and countervailing duty (“CVD”) investigations were filed on February 1, 2019 by the American Institute of Steel Construction, LLC (“Petitioner”) against imports of certain fabricated structural steel…more

Anti-Dumping Duty, Countervailing Duties, Imports, ITC, Tariffs

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Backdooring Investment Security (On the Apple Case)

There's lots of talk about information security with the Apple case. But, perhaps just as important, the case also raises important concerns relating to investment security and to the predictability of our markets and laws…more

Apple, Information Security, Invasion of Privacy, Investor Protection, iPhone

See all updates »

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,…more

Accessibility Rules, ADA, Construction Contracts, Construction Industry, Construction Project

See all updates »

IRS Releases Rental Real Estate Safe Harbor and Final Regulations for Section 199A Deduction

The IRS has released the long-awaited final regulations on the Section 199A qualified business income deduction. Along with the regulations, the IRS released Notice 2019-07 that contains a proposed revenue procedure with a safe…more

Business Income, IRS, Popular, Real Estate Market, Section 199

See all updates »

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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.

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.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

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:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • 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 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
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:

  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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