Foster Garvey PC

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1111 Third Avenue
Suite 3000
Seattle, WA 98101, United States
Phone: 206.447.4400
Fax: 206.447.9700
Areas Of Practice
  • Agriculture
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Construction Law
  • Elections & Politics
  • Finance & Banking
  • Government
  • Indigenous Peoples
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • D.C.
  • New York
  • Oklahoma
  • Oregon
  • Washington
Other Countries
  • China
Number of Attorneys
100+ Attorneys

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education…more

Administrative Remedies, Americans with Disabilities Act (ADA), Compensatory Damages, Equitable Relief, Free Appropriate Public Education (FAPE)

See all updates »

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Supreme Court Clarifies That Section 362(a)(3) Does Not Prohibit the Mere Retention of a Debtor’s Property

The Supreme Court has lowered (but not eliminated) the risk that a creditor violates the automatic stay by retaining a debtor’s property post-petition. On January 14, 2021, the Supreme Court ruled 8-0 (Justice Barrett…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

See all updates »

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Risky Plays and Rising Stars: Navigating High Stakes This Week in Sports and Entertainment

With so many recent headlines of high profile individuals finding themselves in high risk, low reward situations, this week I’d like to take a step back in hopes of recalibrating everyone’s cost-benefit meters. At the risk of…more

Artists, Athletes, Celebrities, Celebrity Endorsements, Endorsements

See all updates »

Deciphering the Overhauled SEC Rules for the Private Fund Industry – What Advisers Need to Know

On August 23, 2023, the U.S. Securities and Exchange Commission (the “SEC”) by a 3-2 vote adopted final rules (the “Final Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), which modify certain…more

Disclosure Requirements, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Investors

See all updates »

Trademark Email Scam Alert: Did You Receive Notice of Attempt to Register Brand Name?

Have you recently received an email, phone message or letter claiming that another business or individual is attempting to register a business name that is either identical or similar to your brand? Beware, as this could be a…more

Intellectual Property Protection, Scams, Trademark Infringement, Trademark Registration, Trademarks

See all updates »

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Breaking Update: FTC's Noncompete Ban and What It Means for Washington

On Tuesday, April 23, the US Federal Trade Commission issued a final rule that would prohibit many noncompete agreements nationwide (FTC Announcement, AP News coverage). The next day, several business groups filed a lawsuit in…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

See all updates »

A Journey Through Subchapter S / A Review of The Not So Obvious & The Many Traps That Exist For The Unwary: Part VI – Revocation of an S Corporation Election

This sixth installment of my multi-part series on Subchapter S is focused on the revocation of an S corporation election. While the rules relating to revocation are fairly straightforward, there are a few nuances that may create…more

Corporate Taxes, Internal Revenue Code (IRC), IRS, Revocation, S-Corporation

See all updates »

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme…more

Clean Water Act, Environmental Policies, Land Developers, Navigable Waters, Property Owners

See all updates »

Washington Labor Law Change

Beginning January 1, 2023, employers must disclose the wage scale/salary range for most job postings for Washington applicants. Additionally, employers must provide a general description of all benefits and other compensation…more

Employee Benefits, Equal Pay, Hiring & Firing, Job Applicants, State Labor Laws

See all updates »

Patent Office Raises IP Questions for Tribes

The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of…more

Comment Period, Intellectual Property Protection, Public Comment, USPTO, World Intellectual Property Organisation

See all updates »

Supreme Court Clarifies That Section 362(a)(3) Does Not Prohibit the Mere Retention of a Debtor’s Property

The Supreme Court has lowered (but not eliminated) the risk that a creditor violates the automatic stay by retaining a debtor’s property post-petition. On January 14, 2021, the Supreme Court ruled 8-0 (Justice Barrett…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

See all updates »

Planning a Super Bowl- or Olympics-Themed Marketing Campaign? Quick Tips for Staying in Bounds and Avoiding Disqualification

Super Bowl - With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the…more

Advertising, Brand, Fair Use, Intellectual Property Protection, Logos

See all updates »

FCC’s Noncommercial FM Filing Window Opens in Early 2021 – Key Considerations for Applicants

We expect the Federal Communications Commission (FCC) will soon open an application window for permits to construct new noncommercial educational (NCE) FM stations and to make major changes in existing stations (including…more

Applications, Construction Permits, FCC, Filing Deadlines, Filing Requirements

See all updates »

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Online Travel Update: Google's Cookie Policy Update, Shifts in Sustainable Travel Interest, and the Reality of Online Group Bookings

This week’s Update again features a wide variety of stories, including an important update on the much beleaguered spokesman for metasearch site, Trivago. Enjoy…more

Booking.com, Expedia, Google, Hospitality Industry, Hotels

See all updates »

What Employment Law Changes Should We Expect From the Trump Administration? Ask the Magic 8 Ball

If you had asked me one month ago to predict the winner of the presidential election, I would have been wrong. Therefore, rather than make my own [ill-fated] predictions of the changes that await employers when PEOTUS takes…more

Administrative Appointments, Affordable Care Act, Audits, Department of Labor (DOL), E-Verify

See all updates »

Maryland Takes a Beat on Its New Digital Advertising Tax

Last week, we reported on Maryland’s new gross receipts tax on revenues derived from digital advertising services (the “Tax”), the first of its kind in the nation. Affected taxpayers and tax practitioners alike can breathe a…more

Advertising, Broadcasting, Digital Advertising Tax, Income Taxes, New Legislation

See all updates »

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

See all updates »

Washington’s LCB Clarifies Legality of Producing Delta-9 THC from Hemp-based CBD – What Cannabis Companies Need to Know

The Washington State Liquor and Cannabis Board ("LCB") issued an interpretive statement on July 22, 2021 ("Notice"), with the aim of resolving questions surrounding the legality of processors making delta-9 THC from CBD. The LCB…more

Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Hemp

See all updates »

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

See all updates »

Washington's Cap-and-Invest Program Creates Opportunity for Tribes to Combat Climate Change and Generate Governmental Revenues

Washington State's innovative cap-and-invest program, established by the Climate Commitment Act, presents a remarkable new opportunity for tribes to mitigate the effects of climate change and generate governmental revenues. The…more

Carbon Emissions, Climate Change, Energy Sector, Greenhouse Gas Emissions, Tribal Lands

See all updates »

China Introduces a New Class of Non-Truck-Owning-Carriers to Reduce Logistics Cost and Improve Efficiency

In line with PRC’s 13th Five-Year-Plan and “Internet+” initiative, the Ministry of Transport (MOT) launched the Non-Truck-Owning-Carrier program as a one-year pilot beginning December 2016. The goal of the program is to…more

China, Federal Pilot Programs, Foreign Investment, Infrastructure Financing, Innovation

See all updates »

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

European Union's AI Act: Landmark Legislation for Artificial Intelligence

On March 13, 2024, the European Parliament approved the Artificial Intelligence (AI) Act. This law is the first-ever comprehensive legal framework on AI and will likely be a model around the world. The AI Act takes a…more

Artificial Intelligence, EU, European Commission, European Parliament, New Legislation

See all updates »

Washington Open Public Meetings Act Update

All changes to the Open Public Meetings Act (“OPMA”) under ESHB 1329 are now in effect. Here’s what you need to know…more

Comment Period, Meeting Minutes, New Legislation, Notice Requirements, Open Meetings Act

See all updates »

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

See all updates »

New York City Co-Op Board Gets No Deference in Kotler – It May Be Time to Amend Your Proprietary Lease

You are a responsible member of the board of directors of a fashionable cooperative apartment building in New York City. You have been doing this for a long time and are genuinely dedicated to protecting the interests of your…more

Board of Directors, Co-Op, Leases, Occupancy, Shareholder Votes

See all updates »

Patent Office Raises IP Questions for Tribes

The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of…more

Comment Period, Intellectual Property Protection, Public Comment, USPTO, World Intellectual Property Organisation

See all updates »

Junk Fee Prevention Act: Senators Introduce Bill to Eliminate Excessive Fees for Consumers

On March 22, 2023, Senators Richard Blumenthal (D-CT) and Sheldon Whitehouse (D-RI) introduced a bill “to limit and eliminate excessive, hidden, and unnecessary fees imposed on consumers.” In response to President Biden’s call…more

Disclosure Requirements, Excessive Fees, Federal Trade Commission (FTC), Fees, FTC Act

See all updates »

Uncle Sam Is Watching: New Risks in Making Real Estate Deals With Foreigners

Beginning this month, the U.S. government can now block foreigners from taking possession of real estate anywhere in the country when it concludes the deal may threaten U.S. national security. In the past, only foreign…more

CFIUS, Covered Transactions, Cross-Border Transactions, Foreign Investment, National Security

See all updates »

Is Your Super Bowl Marketing Campaign Playing by the Rules? 5 Tips to Help You Avoid Getting a Penalty

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football…more

Advertising, Intellectual Property Protection, Marketing, NFL, Super Bowl

See all updates »

Is Your Super Bowl Marketing Campaign Playing by the Rules? 5 Tips to Help You Avoid Getting a Penalty

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football…more

Advertising, Intellectual Property Protection, Marketing, NFL, Super Bowl

See all updates »

Breaking Update: FTC's Noncompete Ban and What It Means for Washington

On Tuesday, April 23, the US Federal Trade Commission issued a final rule that would prohibit many noncompete agreements nationwide (FTC Announcement, AP News coverage). The next day, several business groups filed a lawsuit in…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

See all updates »

Crossing the U.S. Border Is Dicey for Canadian Citizens Affiliated With Cannabis

Recreational cannabis became legal across Canada in 2018, and 33 U.S. states have legalized it at least for medical purposes (10 for recreational). Yet, there are numerous reports of the U.S. Customs and Border Patrol (CBP)…more

Canada, Cannabis Products, Criminal Prosecution, Customs and Border Protection, Decriminalization of Marijuana

See all updates »

A New Source of Government-backed Financing For U.S. Food Supply Chain Businesses

The United States Department of Agriculture (USDA) recently unveiled a new loan program for loans that are guaranteed by the USDA. These US government backed loans should encourage participating lenders to lend more funds —…more

Borrowers, Food Manufacturers, Food Supply, Government-Backed Loans, Government-Guaranteed Loans

See all updates »

Unlocking Clean Energy Investments: New Elective Payment Credits for State and Local Governments

State and local governments undertaking clean energy projects may be eligible for cash payments equal to the renewable electricity production tax credit or energy investment tax credit that would have been available to a private…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Federal Taxes

See all updates »

Credit Card Fraud Liability Shift is Here

Most credit and debit cards in the U.S., and the point of sale terminals and ATMs that read them, still use “magnetic stripe” technology. Magnetic stripes are obsolete and relatively insecure, allowing fraudulent practices such…more

Banks, Credit Cards, Debit Cards, EMV, Fraud

See all updates »

Federal Communications Commission Penalizes Marriott Vacations for Unauthorized Transfer of Private Radio Licenses

Because many hotels and resorts hold Federal Communications Commission (“FCC”) licenses for the wireless radios that employees use for daily communications on property, the next property acquisition or sale may have more…more

Acquisitions, Civil Monetary Penalty, Consent Decrees, FCC, Marriott

See all updates »

European Union's AI Act: Landmark Legislation for Artificial Intelligence

On March 13, 2024, the European Parliament approved the Artificial Intelligence (AI) Act. This law is the first-ever comprehensive legal framework on AI and will likely be a model around the world. The AI Act takes a…more

Artificial Intelligence, EU, European Commission, European Parliament, New Legislation

See all updates »

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Supreme Court Limits International Application of the Lanham Act in Abitron Decision

In its recent decision in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court instructed that certain trademark infringement claims can only be pursued where the infringing conduct occurs domestically. The…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Sales, Intellectual Property Protection, Lanham Act

See all updates »

Resource for Doing Business in the U.S. – Installment #7 – Labor & Employment

In our latest installment of our Resource for Doing Business in the U.S., we focus on key laws an investor in the U.S. needs to know when employing personnel in the U.S. These laws apply whether the personnel are transferred…more

Business Entities, Doing Business, Employee Transfers, Foreign Corporations, Foreign Workers

See all updates »

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Corporate Transparency Act Mini-Update – The Obvious Exemptions May Not Be So Obvious

I am taking a short break between the third and fourth installment of my multi-part series on Subchapter S. Before I publish the fourth installment on that topic, my colleague Steven Nofziger and I want to alert our readers to…more

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

See all updates »

Celebrating Data Privacy Week 2023 - Data Subject Access Requests

State and international laws provide consumers and employees (including job applicants and former employees) with certain rights, such as the right to find out what personal information a business has about the individual, the…more

Data Collection, Data Privacy, Data Subject Access Requests, Data Subjects Rights, Personal Information

See all updates »

Breaking Update: FTC's Noncompete Ban and What It Means for Washington

On Tuesday, April 23, the US Federal Trade Commission issued a final rule that would prohibit many noncompete agreements nationwide (FTC Announcement, AP News coverage). The next day, several business groups filed a lawsuit in…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

See all updates »

Form I-9 Practice Alert: End of COVID-19 Flexibility for Virtual Document Reviews

Since March 2020, during the worst of the COVID-19 pandemic, the Department of Homeland Security (“DHS”) allowed temporary flexibility for the I-9 process, permitting virtual document reviews. However, DHS recently announced the…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Form I-9, Hiring & Firing

See all updates »

Deciphering the Overhauled SEC Rules for the Private Fund Industry – What Advisers Need to Know

On August 23, 2023, the U.S. Securities and Exchange Commission (the “SEC”) by a 3-2 vote adopted final rules (the “Final Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), which modify certain…more

Disclosure Requirements, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Investors

See all updates »

Washington’s LCB Clarifies Legality of Producing Delta-9 THC from Hemp-based CBD – What Cannabis Companies Need to Know

The Washington State Liquor and Cannabis Board ("LCB") issued an interpretive statement on July 22, 2021 ("Notice"), with the aim of resolving questions surrounding the legality of processors making delta-9 THC from CBD. The LCB…more

Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Hemp

See all updates »

Global Tax Reform Takes a Major Step Forward as 136 Nations Sign on to OECD BEPS 2.0 Framework

On Friday October 8, 2021, the Organization for Economic Cooperation and Development (OECD) announced that 136 Nations, including the United States and the rest of the G20, have signed on to the OECD/G20 Inclusive Framework on…more

BEPS, Corporate Taxes, Digital Services Tax, G20, Multinationals

See all updates »

Resource for Doing Business in the United States – Installment #9 – Real Estate

One of the things any active investor in the United States almost always needs is a place in which to operate its business. Buying or leasing property can be tricky, however. For example, one can face liabilities by merely…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Investors

See all updates »

Supreme Court Clarifies That Section 362(a)(3) Does Not Prohibit the Mere Retention of a Debtor’s Property

The Supreme Court has lowered (but not eliminated) the risk that a creditor violates the automatic stay by retaining a debtor’s property post-petition. On January 14, 2021, the Supreme Court ruled 8-0 (Justice Barrett…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

See all updates »

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

What Hotels Should Prepare for When Integrating Augmented Reality Games at Their Destinations

The future has arrived, and it has a strange sense of humor. Pokémon Go — an “augmented reality” game that requires players to travel to real world locations to capture imaginary monsters through apps on their mobile devices —…more

Hotels, Millennials, Pokemon, Technology, Third-Party Risk

See all updates »

Takeaways from the 4th Annual Family and Closely Held Business Summit

What It Takes to Sustain a Family Business Through Multiple Generations - On October 25, 2018, Garvey Schubert Barer convened more than 90 guests to its 4th Annual Family & Closely Held Business Summit. Produced in…more

Board of Directors, Business Ownership, Business Succession, Business Transfer Agreements, Closely Held Businesses

See all updates »

FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives

On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” FDA…more

Comment Period, Commercial Speech, Draft Guidance, First Amendment, Food and Drug Administration (FDA)

See all updates »

European Union's AI Act: Landmark Legislation for Artificial Intelligence

On March 13, 2024, the European Parliament approved the Artificial Intelligence (AI) Act. This law is the first-ever comprehensive legal framework on AI and will likely be a model around the world. The AI Act takes a…more

Artificial Intelligence, EU, European Commission, European Parliament, New Legislation

See all updates »

New Commercial Lease Restrictions in the City of Seattle

In the last month of the most progressive Seattle City Council term in recent history, the Council passed an ordinance restricting a landlord’s right to use certain security measures for commercial leases in the City. Ordinance…more

Commercial Leases, Commercial Tenants, Landlords, Letter of Credit, Local Ordinance

See all updates »

Trademark Email Scam Alert: Did You Receive Notice of Attempt to Register Brand Name?

Have you recently received an email, phone message or letter claiming that another business or individual is attempting to register a business name that is either identical or similar to your brand? Beware, as this could be a…more

Intellectual Property Protection, Scams, Trademark Infringement, Trademark Registration, Trademarks

See all updates »

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Unlocking Clean Energy Investments: New Elective Payment Credits for State and Local Governments

State and local governments undertaking clean energy projects may be eligible for cash payments equal to the renewable electricity production tax credit or energy investment tax credit that would have been available to a private…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Federal Taxes

See all updates »

Breaking Update: FTC's Noncompete Ban and What It Means for Washington

On Tuesday, April 23, the US Federal Trade Commission issued a final rule that would prohibit many noncompete agreements nationwide (FTC Announcement, AP News coverage). The next day, several business groups filed a lawsuit in…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

See all updates »

Patent Office Raises IP Questions for Tribes

The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of…more

Comment Period, Intellectual Property Protection, Public Comment, USPTO, World Intellectual Property Organisation

See all updates »

Planning a Super Bowl Marketing Campaign? 5 Quick Tips for Staying in Bounds and Avoiding Disqualification

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football…more

Advertising, Football, Intellectual Property Protection, Marketing, NFL

See all updates »

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and how…more

Hospitality Industry, Labor Code, Minimum Wage, Municipalities, Rebuttable Presumptions

See all updates »

Resources for Doing Business in the United States - Installment #12 - Commercial Litigation

Imagine you are focused on the latest growth trends of your business, working hard to forecast where your next sales will come from. You're thinking about what new staff you will need to support that growth. While you are…more

Arbitration, Business Disputes, Business Litigation, Dispute Resolution, Mediation

See all updates »

OLCC Issues Winter Holiday Compliance Checklist

The Executive Director of the Oregon Liquor Control Commission is spreading good cheer this holiday season by issuing a “Winter Holiday Checklist” to all recreational marijuana licensees. The Checklist includes a list of…more

Enforcement Actions, Liquor Control Boards, Marijuana, Marijuana Related Businesses, Retailers

See all updates »

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Important Changes to Washington’s Noncompete Law

A bill amending Washington’s noncompete law (RCW 49.62) goes into effect on June 6, 2024. One of the changes will require prompt review and likely revisions of existing non-solicitation agreements…more

Amended Legislation, Corporate Counsel, Employment Contract, Highly Compensated Employees, Hiring & Firing

See all updates »

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

See all updates »

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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 companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

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

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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