Lane Powell PC

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1420 Fifth Avenue, Ste. 4200
P.O. Box 91302
Seattle, WA 98111-1302, United States
Phone: 800.426.5801
Fax: 206.223.7107
Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alaska
  • Oregon
  • Washington
Other Countries
  • United Kingdom
Number of Attorneys
100+ Attorneys

SAFE Banking Act Moves to Full House and STATES Act Reintroduced: Chances for Enactment Still Seem Slim

In our March 15 post, we discussed the Secure and Fair Enforcement (SAFE) Banking Act of 2019 (H.R. 1595), which would, among other things, limit federal banking regulators from taking action against banks providing services to…more

Banking Sector, Financial Services Industry, Marijuana, Marijuana Related Businesses, SAFE

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Hemp Hemp Hooray! Hemp Hemp Hooray!

The passage of Senate Bill 5276 marks an important milestone in hemp legislation for the state of Washington. The bill still requires additional signatures before taking effect, however, most view the remaining process as…more

Agricultural Sector, Cannabidiol (CBD) oil, Hemp, Marijuana, Marijuana Cultivation

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DC Appeals Court Upholds FAA Authority to Establish Safety Standards for Recreational Drones

The greater availability of Unmanned Aircraft Systems (UAS) to consumers, along with the potential for rapid commercial expansion of UAS, have resulted in both congressional attention and litigation over federal authority in…more

Airspace, Drones, Federal Aviation Administration (FAA), Public Safety, Unmanned Aircraft Systems

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New Tax Guidance on Wrongful Imprisonment Damages

At the end of 2015, Congress eliminated some of the uncertainty regarding the tax treatment of damages for wrongful imprisonment. Newly enacted Internal Revenue Code section 139F provides that gross income does not include…more

Damages, False Imprisonment, Income Taxes, Internal Revenue Code (IRC), Punitive Damages

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The Erie Doctrine and Insurance Coverage Disputes Walk Into a Bar…

Today we’re highlighting an interesting case out of the 6th Circuit. In K.V.G. Properties, Inc. v. Westfield Ins. Co., 900 F.3d 818 (6th Cir. 2018), a commercial landlord was denied insurance coverage for damage caused to his…more

Commercial Real Estate Market, Insurance Industry, Marijuana

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Injured Seaman’s Receipt of Social Security Disability Benefits and Shipowner’s Obligation to Pay Maintenance

In Lipscomb v. Foss Mar. Co., 83 F.3d 1106 (9th Cir. 1996), the Ninth Circuit defined the policy of awarding maintenance to an injured seaman as follows: Under the general maritime law, a seaman who falls ill or becomes…more

Disability Benefits, Maintenance, Seamen, Social Security, Social Security Disability

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Canada’s New Trademark Laws Take Effect June 17

Canada will implement new trademark laws on June 17, which will affect current trademark owners and new trademark filers. Here are the important changes and actions you should consider before the laws take effect..…more

Canada, Corporate Counsel, Filing Fees, Renewal Fees, Trademark Application

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Washington Supreme Court Announces New Rule on Attorney-Client Privilege: Post-Employment Communications Between Corporate Counsel and Former Employees Are Discoverable

In a 5-4 decision, the Washington State Supreme Court ruled that the attorney-client privilege does not shield post-employment communications between corporate counsel and the corporation’s former employees. In Newman v…more

Attorney-Client Privilege, Discovery, WA Supreme Court

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Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements

Yesterday, September 28, 2018, the Washington Supreme Court unanimously held that failure to satisfy a “notice of protest” provision bars all claims for protested work — including claims for breach of the covenant and fair…more

Compliance, Construction Contracts, Notice Requirements, Protests, WA Supreme Court

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The Family Business Charter: An Essential Tool for Growing and Sustaining a Family Business

TRANSFERRING A FAMILY BUSINESS to successive generations can be one of the most difficult business transitions to implement successfully. According to The Exit Planning Institute, only 30 percent of family businesses…more

Business Ownership, Corporate Governance, Estate Planning, Family Businesses

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Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed…more

Food Manufacturers, Forum Shopping, Multidistrict Litigation, Patent Infringement, Patent Litigation

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Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in Retail Wholesale v. Hewlett-Packard (January 19, 2017)

A senior officer’s violations of a corporation’s code of conduct do not give rise to a claim for violation of the federal securities laws—even where the corporation (including the officer himself) has touted the company’s high…more

Business Conduct Standards, Code of Conduct, Hewlett-Packard, SEC, Securities Exchange Act

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New Washington Law Allows Affirmative Action Efforts by Public Employers

Washington state public entities may engage in affirmative action efforts in public education, public employment and public contracting under an initiative passed by the Washington Legislature that becomes effective on July 28,…more

Affirmative Action, Public Employers, Public Entities

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Weekly Update – They Love Gold Edition

..Lance Armstrong settled a False Claims Act case for $5 million. His cycling team was sponsored at one point by the U.S. Postal Service. Apparently doping violates the terms of federal government sponsorship agreements. Who…more

Bribery, Criminal Prosecution, False Claims Act (FCA), Fraud, Guilty Pleas

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Reefer Madness: Best Practices for Managing Marijuana Use in Senior Care and Housing

Marijuana Perception and Legalization - Once upon a time, Americans viewed marijuana as a dangerous drug leading to serious addiction and crime. According to the 1936 cult classic movie Reefer Madness, “women cry for it and…more

Controlled Substances Act, Decriminalization of Marijuana, Marijuana, Risk Management

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Canada’s New Trademark Laws Take Effect June 17

Canada will implement new trademark laws on June 17, which will affect current trademark owners and new trademark filers. Here are the important changes and actions you should consider before the laws take effect..…more

Canada, Corporate Counsel, Filing Fees, Renewal Fees, Trademark Application

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Don’t Be the Next Headline: Protect Your Company’s Trade Secrets!

WITH UNCERTAINTY SURROUNDING PATENT LAW in the middle of this tech boom, it’s no surprise that legal headlines continue to highlight jury verdicts and court orders awarding millions of dollars for trade secret theft. When…more

Confidential Information, Trade Secrets

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Women in the C-Suite: It’s Good Business

The underrepresentation of women on boards of directors and in the C-suite is astounding in a world driven by analytics aimed at increasing the bottom line. Of the nearly 22,000 companies examined in a 2014 study conducted by…more

Board of Directors, C-Suite Executives, Corporate Executives, Diversity

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Digital Assets and the Securities Laws: Important New Guidance From the SEC Staff

A common sentiment among many entrepreneurs in the world of blockchain-based digital assets (such as cryptocurrency and other tokens) is that the SEC has been moving very slowly to provide guidance on the application of…more

Blockchain, Cryptocurrency, Digital Assets, Popular, SEC

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Omnicare, Inc., One Year Later: Its Salutary Impact on Securities-Fraud Class Actions in the Lower Federal Courts

Just over a year ago, on March 24, 2015, the U.S. Supreme Court issued its opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund. Omnicare held that a statement of opinion is only false under…more

Class Action, False Statements, Misleading Statements, Omnicare v Laborers District Council, Section 11

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Architects and Engineers Are Special and the New Tax Law Proves It

Architects and engineers are special in several ways, including: 1. Unlike most professional service firms, they tend to accumulate earnings over time (often to fund redemptions at retirement) instead of maximizing current…more

Architects, Construction Industry, Engineering, Internal Revenue Code (IRC), Tax Cuts and Jobs Act

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Tax Reform and the HR Department: What You Need to Know Even If You Don’t Really Like Anything That Contains the Word TAX

On December 22, 2017 President Trump signed into law H.R. 1 — the Tax Cuts and Jobs Act — a sweeping tax reform law that promises to entirely change the tax landscape. Because no description of tax is ever free from…more

Corporate Taxes, Deductibles, Grants, Medical Leave, Sexual Harassment

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Unintended Consequences: Tax Cuts and Jobs Act May Lead to Decreased Sales for Food, Beverage & Hospitality Businesses

Entertaining customers, clients and other business contacts is (and has long been) a mainstay of commerce in the United States. Whether on the golf course or at a restaurant, the opportunity to wine and dine a potential business…more

Hospitality Industry, IRS, Meal and Entertainment Expenditures, Tax Cuts and Jobs Act, Tax Reform

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DC Circuit Vacates Some of the FCC Rules Governing Robocalls to Cell Phones

Proving once again that technology moves much faster than the law, last Friday the United States Court of Appeals for the District of Columbia Circuit set aside two significant portions of the Federal Communications Commission’s…more

ATDS, Auto-Dialed Calls, FCC, Robocalling, TCPA

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Is There a Possible Limit to an Insurer’s Duty to Defend in Washington State?

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit affirmed Western District of Washington Judge Ronald B. Leighton’s decision finding no duty to defend negligence claims arising out of a murder-suicide…more

Appeals, Duty to Defend, Insurance Litigation, Wrongful Death

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Washington State Legislature Passes Massive Tax Increases

Over the weekend, the Washington legislature passed one of the most comprehensive set of tax increases in recent memory. The increases were enacted through five primary bills and raise approximately $2.1 billion over the next…more

B&O Tax, Excise Tax, Real Estate Market, State Taxes, Tax Increases

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Washington State Legislature Passes Massive Tax Increases

Over the weekend, the Washington legislature passed one of the most comprehensive set of tax increases in recent memory. The increases were enacted through five primary bills and raise approximately $2.1 billion over the next…more

B&O Tax, Excise Tax, Real Estate Market, State Taxes, Tax Increases

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Drafting Errors - Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

Originally published in Community Banker - Spring 2013. When a bankruptcy intervenes to prevent the continuation of a restructuring or loan enforcement effort, it is too late to supplement or strengthen loan…more

Attorney's Fees, Boilerplate Language, Borrowers, Contract Drafting, Lenders

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Oregon Amends Data Breach Law With New Requirements, and Enacts IoT Security Law

This May, Oregon’s legislature passed a set of amendments to the state’s already relatively robust data breach notice statute (ORS §§ 646A.600 – 646A.628). The most significant changes are around service providers, who will take…more

Breach Notification Rule, Data Breach, Data Protection, Data Security, Internet of Things

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Tips to Help Avoid Class Action Litigation

Taking advantage of recent case law developments can assist financial institution employers in avoiding and/or minimizing their exposure to class and collective action litigation. For example, courts have become increasingly…more

Arbitration, Arbitration Agreements, Banks, Class Action, Collective Actions

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Product Manufacturers Face New Duties to Warn in Admiralty

In an opinion issued this week, the Supreme Court of the United States expanded a manufacturer’s duty to warn under maritime tort law. Under the new rule, a product manufacturer has a duty to warn users of potential harm when a…more

Actual or Constructive Knowledge, Air and Liquid Systems Corp et al v Devries et al, Appeals, Asbestos, Asbestos Litigation

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Third Circuit Affirms Dismissal of Plaintiffs’ Challenge to Risk Factors and Earnings Projections, in Williams v. Globus Medical, Inc. (July 28, 2017)

A recent Third Circuit opinion demonstrates the high bar that plaintiffs face when attempting to plead the falsity of two categories of statements: (1) risk factors alleged to be misleading because the warned-of risk had already…more

Board of Directors, Class Action, Contract Termination, Corporate Officers, Duty to Disclose

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Oregon Amends Data Breach Law With New Requirements, and Enacts IoT Security Law

This May, Oregon’s legislature passed a set of amendments to the state’s already relatively robust data breach notice statute (ORS §§ 646A.600 – 646A.628). The most significant changes are around service providers, who will take…more

Breach Notification Rule, Data Breach, Data Protection, Data Security, Internet of Things

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Washington Supreme Court Affirms Washington Federal v. Gentry and Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure

The Washington Supreme Court issued an opinion today affirming the right of a lender to obtain a deficiency judgment against a commercial guarantor following a nonjudicial foreclosure. Divisions One and Two of the Washington…more

Banking Sector, Banks, Commercial Loans, Construction Industry, Deed of Trust

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Reward v. Risk - Advantages and Disadvantages of Courting Strategic Investors.

Venture-backed companies often have the opportunity to accept an investment from a strategic investor. These opportunities typically come in later financing rounds after the company already has one or more venture capital (i.e.,…more

Competition, Equity Investors, Investors, ROI, Valuation

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Appellate Court Vacates Federal Aviation Administration (FAA) Rule Requiring Recreational Drone Owners to Register with the FAA

On May 19, the United States Court of Appeals for the District of Columbia vacated the Federal Aviation Administration’s (FAA) Registration Rule as it pertains to model aircraft. The Panel’s opinion defined model aircraft as an…more

Airspace, Aviation Industry, Commercial Use, Drones, Federal Aviation Administration (FAA)

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Oregon House Passes Gross Receipts Tax

In our April 25, 2019 Legal Update, we discussed the key points of Oregon’s proposed gross receipts tax. On May 1, 2019, the Oregon House of Representatives passed an amended version of the bill. As described in our prior Legal…more

Gross Receipts Tax, Tax Increases, Tax Reform

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Washington Court of Appeals Dismisses Oregon Contractor’s Collection Action for Failure to Strictly Comply With Registration Requirements

In an unpublished opinion filed April 3, 2018, in HNS, Inc. v. Eagle Rock Quarry, et al., Cause No. 34695-1-III, Division Three of the Washington Court of Appeals dismissed a contractor collection action finding that the…more

Appeals, Contractors, Failure To Pay, Registration Requirement

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Washington Employers Take Heed: Paid Family Leave Amendment May Unexpectedly Extend Your Employees’ Paid Leaves

PFML Amendments Signed Into Law: On April 3, Governor Jay Inslee signed Substitute House Bill 1399, amending Washington’s Paid Family and Medical Leave Act (PFML), administered by Washington’s Employment Security Department…more

FMLA, Paid Family Leave Law, Paid Leave, Parental Leave, State Labor Laws

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The Cannabis Patent War: In the Midst of Chaos, there is Opportunity*

In the recent issue of GQ magazine, an article entitled, “The Great Pot Monopoly Mystery,” sought to unravel some of the mystery behind the “shadowy” BioTech Institute LLC. The article made a particular point that should be of…more

Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Patents

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The Supreme Court Holds that the Securities Act’s Statute of Repose Is Not Subject to American Pipe Tolling, in CalPERS v. ANZ Securities (June 26, 2017)

In a 5-4 decision split along traditional ideological lines, the U.S. Supreme Court held in CalPERS v. ANZ Securities, Inc., 582 U.S. ___ (2017), that the statute of repose in Section 13 of the Securities Act cannot be tolled…more

CalPERS v ANZ Securities, Class Action, Equitable Tolling, Opt-Outs, SCOTUS

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Key Takeaways From the USDA’s Hemp Memo

On May 28, the U.S. Department of Agriculture (USDA) issued a legal opinion that discusses the hemp-related provisions of the 2018 Farm Bill. Two of the issues addressed in the opinion are noteworthy..…more

Agricultural Sector, Controlled Substances Act, Farm Bill, Hemp, Marijuana

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New Oregon Gross Receipts Tax Presents Special Challenges for Construction Projects Located in Oregon

Oregon has enacted a new gross receipts tax (the “Oregon CAT”), largely based on the Ohio commercial activity tax (“Ohio CAT”), but with significant differences.  We issued a legal update with a detailed summary of the Oregon…more

Construction Industry, Construction Project, Gross Receipts Tax, State Taxes, Tax Reform

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Cannabis Caution: Haze of Uncertainty Surrounding Cross-State Hemp Transportation

Carriers have long relied on the ability to cross state lines without concern that state laws may impede or end their journey. The Supreme Court’s Dormant Commerce Clause jurisprudence (including the landmark trucking case Bibb…more

Dormant Commerce Clause, Hemp, Marijuana, Transportation Industry

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Canada’s New Trademark Laws Take Effect June 17

Canada will implement new trademark laws on June 17, which will affect current trademark owners and new trademark filers. Here are the important changes and actions you should consider before the laws take effect..…more

Canada, Corporate Counsel, Filing Fees, Renewal Fees, Trademark Application

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Tipoff: New Washington State Guidance on Tips, Gratuities and Service Charges

Tips, gratuities and service charges increasingly have become the subject of employment disputes and the focus of government enforcement, litigation, and legislative and administrative rule-making across the nation. In light of…more

Employer Liability Issues, Tipped Employees, Tips, Wage and Hour

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The Cannabis Patent War: In the Midst of Chaos, there is Opportunity*

In the recent issue of GQ magazine, an article entitled, “The Great Pot Monopoly Mystery,” sought to unravel some of the mystery behind the “shadowy” BioTech Institute LLC. The article made a particular point that should be of…more

Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Patents

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Supreme Court to Resolve Circuit Split; Will Decide Whether Jones Act Seamen May Seek Punitive Damages in Connection With Unseaworthiness Claims

Vessel owners, insurers and those that do business on navigable waters take heed. On December 7, the Supreme Court of the United States (SCOTUS) granted certiorari in Dutra Group v. Batterton, Dkt. No. 18-266. By granting…more

Punitive Damages, SCOTUS, Vessels

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Overview of the New IRS Partnership Audit Regime

New federal partnership audit rules effective for 2018 make fundamental changes to IRS audit powers over partnerships (including LLCs taxed as partnerships) and how any unpaid tax liability assessed as part of that audit can be…more

Audits, Disregarded Entities, IRS, Limited Liability Company (LLC), Partnerships

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Be Aware: Washington DOR Forming Unit to Enforce New B&O Tax on Out-of-State Wholesalers

New Washington legislation expands the state’s B&O tax to wholesalers and imposes a click-through nexus provision for online retailers. As a result, the Department of Revenue is forming a tax discovery unit to enforce the new…more

B&O Tax, Click-Through Nexus, Department of Revenue, Economic Presence Nexus, Internet Retailers

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New Oregon Gross Receipts Tax Presents Special Challenges for Construction Projects Located in Oregon

Oregon has enacted a new gross receipts tax (the “Oregon CAT”), largely based on the Ohio commercial activity tax (“Ohio CAT”), but with significant differences.  We issued a legal update with a detailed summary of the Oregon…more

Construction Industry, Construction Project, Gross Receipts Tax, State Taxes, Tax Reform

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New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain…more

Financial Institutions, Power of Attorney

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Recent SEC Enforcement Actions Serve as Reminder for Public Companies: Carefully Monitor Executives’ Use of Business Aircraft

Recent Securities and Exchange Commission (SEC) enforcement actions relating to personal use of business aircraft should serve as a reminder to public companies to review their executives’ perquisite disclosure policies and…more

Aviation Industry, Enforcement Actions, SEC

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First Europe, Now California? Harmonizing Your Business’s GDPR Compliance Efforts With the California Consumer Privacy Act

On June 28, the California Legislature passed the California Consumer Privacy Act (CCPA), a negotiated compromise to avert a related ballot measure. This expansive new state legislation came on the heels of the May 25 General…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, General Data Protection Regulation (GDPR), Privacy Laws

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To Dismiss or Not to Dismiss? That Is the Question

Healthcare news and information site RACmonitor reported with some fanfare in early November of last year that DOJ Civil Fraud Section Director Michael Granston (a friend and former DOJ colleague) had announced at a conference…more

Dismissals, DOJ, False Claims Act (FCA), Qui Tam, Relators

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Oregon's Statutory Peer Review Privilege for Health Care Providers: What It Is and How to Not Waive It

Where would you rather undergo coronary bypass surgery? At a hospital where mistakes and concerns that occurred during prior surgeries of other hospital patients are analyzed to develop and implement surgical policies that can…more

Health Care Providers, Hospitals, Peer Review, Physicians, Privileged Communication

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Human Trafficking and Transportation

January is Human Trafficking Awareness Month. The following legal update contains excerpts from the article “Human Trafficking and Transportation” that will be published in Volume 86, Number 1 2019 edition of the Journal of…more

Aviation Industry, Federal Aviation Administration (FAA), Human Trafficking

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Department of Justice Launches 10 Regional Elder Justice Task Forces

On March 30, the Department of Justice (DOJ) announced the launch of 10 regional Elder Task Forces, including one in Washington state, for the purpose of coordinating and enhancing efforts to pursue nursing homes “that provide…more

DOJ, Elder Issues, Fraud, Government Investigations, Long Term Care Facilities

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Do You Know Where Your Data Went? Best Practices for Preserving Electronically Stored Information

A federal judge in Illinois recently ordered a large pharmaceutical company to pay nearly $1 million because when the business was sued, it failed to remind its sales representatives to preserve text messages. Last year, a…more

Data Protection, Electronic Evidence, Electronically Stored Information, Mobile Devices, Pharmaceutical Industry

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The Digital Age of Shipping is Here — The IMO Mandatory Electronic Information Exchange is Now in Effect

The International Maritime Organization (“IMO”) Convention on Facilitation of International Maritime Traffic (the “FAL Convention”) was adopted in 1965 for the purpose of implementing a more streamlined logistics process for the…more

Digital Assets, Maritime Transport, Shipping, Shipping Cargo, Vessels

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New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain…more

Financial Institutions, Power of Attorney

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Washington Supreme Court Affirms Washington Federal v. Gentry and Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure

The Washington Supreme Court issued an opinion today affirming the right of a lender to obtain a deficiency judgment against a commercial guarantor following a nonjudicial foreclosure. Divisions One and Two of the Washington…more

Banking Sector, Banks, Commercial Loans, Construction Industry, Deed of Trust

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Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,…more

Contaminated Properties, Encroachments, Flood Zones, Investors, Land Titles

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Digital Assets and the Securities Laws: Important New Guidance From the SEC Staff

A common sentiment among many entrepreneurs in the world of blockchain-based digital assets (such as cryptocurrency and other tokens) is that the SEC has been moving very slowly to provide guidance on the application of…more

Blockchain, Cryptocurrency, Digital Assets, Popular, SEC

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Highlights of the Tax Cuts and Jobs Act for Aircraft Owners

Transportation Legal Update - On December 20, the Congress passed the Tax Cuts and Jobs Act (the “Tax Act”), a $1.5 trillion tax package that cuts individual income tax rates for eight years and reduces top corporate tax rate…more

Aviation Industry, Bonus Depreciation, Corporate Taxes, Like Kind Exchanges, Tax Rates

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Patent Strategy: Developing and Managing Your Portfolio

Summary: ..Patents and pending patent applications are valuable business assets and can be used as tools to reduce risk exposure and manage risk..…more

Patent Applications, Patent Portfolios, Patents, Risk Management

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Private Foundations: Taking Them Beyond Checkbook Philanthropy

Today, we are seeing more sophisticated inquiries by founders of private foundations in line with the discussions surrounding social impact investing. For many years, high-net-worth individuals have used the same formula to set…more

Mission Related Investments (MRIs), Philanthropy, Private Foundations, Program Related Investments (PRIs)

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Notice: Department of Labor’s iCERT System Down

Due to a system disruption on January 1, the Department of Labor’s (DOL) iCERT system is currently unavailable, and is expected to remain unavailable until at least Friday, January 4…more

DOL, E-3, H-1B, H-1B1, Immigrants

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SEC Guidelines on Public Company Cybersecurity Disclosures

On February 21, the Securities and Exchange Commission (SEC) published interpretive guidance concerning cybersecurity disclosures for public companies. The new guidance reinforces companies’ existing obligations to disclose…more

Corporate Financing, Cybersecurity, Popular, SEC

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Washington State Appeals Court Rules Issuing Cannabis Licenses Is Not Dependent Upon Local Zoning Laws

If cannabis licensees needed any reminder, Division Three of the Washington Court of Appeals has confirmed that the Washington Liquor & Cannabis Board (LCB) is not required to defer to local zoning laws when deciding whether to…more

Licenses, Marijuana, Zoning Laws

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Alleged Failures of Tesla Autopilot Drive Numerous Lawsuits

In the latest of a series of actions brought against Tesla for alleged failures of its “Tesla Autopilot” driver assist system, Shawn Hudson filed suit in Florida state court on October 30 after he plowed into the back of a…more

Automotive Industry, Car Accident, Driverless Cars, Technology Sector, Tesla

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USCIS Begins to Issue FY 2020 H-1B Cap Receipt Notices

The U.S. Citizenship and Immigration Service (USCIS) has begun to send emailed notifications of H-1B petitions that were accepted in the FY 2020 cap. This began one day after USCIS announced that it had completed the H-1B…more

H-1B, USCIS, Visa Caps, Visas

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IMO — 2020 Restrictions Will Sharply Reduce Sulfur Emissions From All Ships

The International Maritime Organization (IMO) adopted regulations in 2008 that have been incorporated into Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Convention). The IMO…more

Fuel Standards, Maritime Transport, Shipping, Vessels

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Oregon Passes Law Expanding Pregnancy-Related Accommodations for Employees

Beginning January 1, 2020, Oregon employers with six or more employees must provide job applicants and employees with reasonable accommodations for a wider array of medical conditions related to pregnancy, childbirth, lactation,…more

Employee Rights, Employer Liability Issues, Pregnancy, Reasonable Accommodation, State Labor Laws

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Venture Capital Investment in Cannabis More Than Doubles in 2018

Pitchbook recently released its 2018 results for cannabis related investments, and the data is impressive: 139 deals scooped up a whopping $881 million. Those numbers are up over the prior year by 26 percent (number of…more

Investment, Marijuana, Venture Capital

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Engaged to Wait or Waiting to Be Engaged? Takeaways From the Alaska Supreme Court Regarding Employers’ Exposure for Wage and Hour Claims

A recent Alaska Supreme Court decision provides valuable guidance for employers doing business in Alaska on how to navigate complex wage and hour issues, including what is considered compensable time and when employers are…more

AK Supreme Court, Attorney's Fees, FLSA, Misclassification, Wage and Hour

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Oregon Senate Passes Cannabis Export Bill

By a 19-9 vote, the Oregon Senate has passed Senate Bill 582, which authorizes the Governor to enter into agreements with other states for the purposes of “cross-jurisdictional coordinate and enforcement” of marijuana-related…more

Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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ATC Privatization – Not Now

On October 5, President Trump signed the FAA Reauthorization Act of 2018, a $90 billion five-year reauthorization bill for the Federal Aviation Administration (FAA). Notably missing from the bill is the controversial and…more

Airlines, Aviation Industry, Department of Transportation (DOT), Federal Aviation Administration (FAA)

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Energy Efficient Buildings: It’s the Law (and a Good Idea Too)

Energy efficiency and sustainable building development and management are no longer viewed as a novel but impractical concept, or something only environmentalists long for. Improving existing buildings and constructing new…more

Energy Efficiency, Green Buildings

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How to Get Out of EPA Hot Water Penalty Free

To disclose or not to disclose, that is the question. Although self-disclosure will bring the matter to the Environmental Protection Agency’s attention, it is a great mechanism for reducing penalties for any enforcement action…more

eDisclosure, Enforcement Actions, EPA, EPCRA, Penalties

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New DOL ‘White Collar’ Overtime Rule Remains on Indefinite Hold

In November 2016, we reported that a federal judge in Texas issued a nationwide preliminary injunction against the U.S. Department of Labor’s (DOL) new overtime rule. Accordingly, the rule — which would have increased the…more

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

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USPS Updates Guidance on the Shipment of Hemp

Last week, the U.S. Postal Service (USPS) confirmed in an expanded policy update that hemp and hemp products are mailable under certain circumstances, as set forth below…more

Agricultural Sector, Cannabidiol (CBD) oil, Farm Bill, Hemp, USPS

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First Circuit Affirms Dismissal of Biogen Investors’ Claims, Finding a Lack of “Connecting Detail,” in In re Biogen Inc. Securities Litigation, 857 F.3d 34 (May 12, 2017)

In this putative class action, investors alleged that Biogen executives misled the public about the impact on sales of the company’s multiple sclerosis drug Tecfidera after one patient’s death. Plaintiffs alleged violations of…more

Investors, Misleading Statements, Private Securities Litigation Reform Act of 1995, Putative Class Actions, Securities Exchange Act

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ERISA (5th Circuit): COLD TRUTH – New Case Gives Critical Guidance on What You Should Know About the Term “Regular Occupation”

What does it mean to be totally disabled from the “regular occupation”?  Is “regular occupation” defined as the duties the claimant is actually doing in his or her specific job?  NO…more

Disability Benefits, ERISA, Job Duties

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New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain…more

Financial Institutions, Power of Attorney

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Reefer Madness: Best Practices for Managing Marijuana Use in Senior Care and Housing

Marijuana Perception and Legalization - Once upon a time, Americans viewed marijuana as a dangerous drug leading to serious addiction and crime. According to the 1936 cult classic movie Reefer Madness, “women cry for it and…more

Controlled Substances Act, Decriminalization of Marijuana, Marijuana, Risk Management

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Supreme Court to Consider Propriety of Cy Pres Awards (In re Google Referrer Header Privacy Litigation (Frank v. Gaos)

In the Google Privacy case, the Ninth Circuit approved a class action settlement in which the parties agreed to an $8.5 million settlement fund where the class members would not receive any monetary relief. Class counsel would…more

Appeals, Class Action, Cy Pres Funds, Damages, De Minimis Claims

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Third Circuit Again Reverses District Court's Preemption Ruling, This Time As to Conflict Preemption

Aviation products manufacturers have long kept an eye on Sikkelee v. Precision Airmotive Corp. Sikkelee involves state law product liability claims against a small aircraft engine manufacturer in a fatal aircraft accident case…more

Aviation Industry, Design Defects, Federal Aviation Administration (FAA), Manufacturers

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Anatomy of a Public-Private Partnership

This article explores the anatomy of a public-private partnership in the context of major real estate projects entered into by a governmental body with a real estate developer or owner. The author has been involved in a number…more

Decision-Making Process, Memorandum of Understanding, Negotiations, Project Finance, Public Private Partnerships (P3s)

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Deciphering Smoke Signals — FDA’s New Tobacco Product Rules and Their Impact on the Cannabis Industry

Synopsis: Dual-use cannabis consumption products and their off-label uses may cause those products to fall within the new FDA rules governing tobacco products. Manufacturers and retailers of vape pens and atomizers…more

E-Cigarettes, FDA, Marijuana, Off-Label Use, Tobacco

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How the New Washington Trust Act and its 2013 Amendments Affect You and Your Clients - December 2013

In 2011, the legislature adopted a new Washington Trust Act (the “2011 Act”). The 2011 Act took effect on January 1, 2012, and codified many changes to the duties of trustees and the rights of trust beneficiaries. Within 18…more

Beneficiaries, Trustees, Trusts

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The Copyrightable Firepower of Hedonic Food Consumption

Hedonism is the pursuit of pleasure and sensual self-indulgence. When applied to food, we conjure up high-priced luxuries like the Italian white Alba truffle—the “Mozart of mushrooms”—or the French black Périgord truffle—the…more

Copyright, Food Manufacturers, Intellectual Property Protection, Trademarks

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The Absolute Priority Rule: Zachary v. California Bank & Trust

The Ninth Circuit Court of Appeals has now joined the Courts of Appeals from the Fourth, Fifth, Sixth and Tenth Circuits, and the Eighth Circuit Bankruptcy Appellate Panel (BAP) in holding that the absolute priority rule found…more

Absolute Priority Rule, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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New Washington Law Allows Affirmative Action Efforts by Public Employers

Washington state public entities may engage in affirmative action efforts in public education, public employment and public contracting under an initiative passed by the Washington Legislature that becomes effective on July 28,…more

Affirmative Action, Public Employers, Public Entities

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Siting Your Distillery: Leasing and Locational Considerations

The Oregon distilling industry is rapidly expanding, thanks in part to state regulatory changes in recent years. The number of Oregon distilleries has close to quadrupled over the last decade — up from 30 in 2007 to…more

Beverage Manufacturers, Distilleries, Real Estate Development, Wine & Alcohol

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Supporting Startups Will the JOBS Act expand the crowdfunding crowd?

Congress’s passage last year of the popular and bipartisan Jumpstart Our Business Startups (JOBS) Act was met with expectations of imminent and fundamental changes to the financing environment for early-stage businesses. Those…more

Crowdfunding, Investors, JOBS Act, SEC, Startups

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Competition Just Got Stiffer: New Washington Law Changes Non-Compete Landscape

Washington businesses who rely on non-compete agreements to prevent employees and consultants from working for a competitor will need to rethink their strategy, thanks to a new state law. The law considerably limits the scope…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Non-Compete Agreements, Non-Solicitation Agreements

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No “Extreme Departure” From the Classical Materiality Standard for Omissions: Second Circuit Rejects First Circuit Test for Material Omissions in Registration Statements, in Stadnick v. Vivint Solar, Inc. (June 21, 2017)

The Second Circuit, affirming the Southern District of New York’s dismissal of a ’33 Act securities class action, reaffirmed that the Circuit’s operative test for determining the materiality of omissions is the test set forth in…more

Putative Class Actions, Securities Act of 1933

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Highlights of the Tax Cuts and Jobs Act for Aircraft Owners

Transportation Legal Update - On December 20, the Congress passed the Tax Cuts and Jobs Act (the “Tax Act”), a $1.5 trillion tax package that cuts individual income tax rates for eight years and reduces top corporate tax rate…more

Aviation Industry, Bonus Depreciation, Corporate Taxes, Like Kind Exchanges, Tax Rates

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Second Circuit Applies Morrison to Rule 23 Predominance Analysis, in In re Petrobras Securities, but Rejects Third Circuit’s “Heightened” Ascertainability Requirement (July 7, 2017)

On July 7, the Second Circuit affirmed in part and vacated in part an order by Judge Rakoff of the S.D.N.Y. certifying two classes in the In re Petrobras Securities litigation, — F.3d –, 2017 WL 2883874 (2d Cir., July 7, 2017)…more

Ascertainable Class, Class Certification, FRCP 23, Kickbacks, Money Laundering

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Oregon Employers Face Another Hurdle as Legislature Amends Non-Compete Law (Once Again)

On May 13, the Oregon Legislature enacted HB 2992, which amends the state’s non-compete law. Under the amendment, an employer may not enforce a non-compete agreement unless it first provides the employee with a signed, written…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Hiring & Firing, Non-Compete Agreements

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Supreme Court to Consider Propriety of Cy Pres Awards (In re Google Referrer Header Privacy Litigation (Frank v. Gaos)

In the Google Privacy case, the Ninth Circuit approved a class action settlement in which the parties agreed to an $8.5 million settlement fund where the class members would not receive any monetary relief. Class counsel would…more

Appeals, Class Action, Cy Pres Funds, Damages, De Minimis Claims

See all updates »

Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed…more

Food Manufacturers, Forum Shopping, Multidistrict Litigation, Patent Infringement, Patent Litigation

See all updates »

Alleged Failures of Tesla Autopilot Drive Numerous Lawsuits

In the latest of a series of actions brought against Tesla for alleged failures of its “Tesla Autopilot” driver assist system, Shawn Hudson filed suit in Florida state court on October 30 after he plowed into the back of a…more

Automotive Industry, Car Accident, Driverless Cars, Technology Sector, Tesla

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Ninth Circuit Analyzes Statements Concerning FDA Feedback, in In re Atossa Genetics, Inc. Securities Litigation (August 18, 2017)

On August 18, 2017, a Ninth Circuit panel affirmed in part, reversed in part, and vacated in part the district court’s dismissal of the amended securities fraud class action complaint in In re Atossa Genetics, Inc. Securities…more

CEOs, Class Action, FDA, Fraud, SEC

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US Supreme Court Fails to Resolve Guarantors’ Status Under ECOA

On March 22, in an Equal Credit Opportunity Act (ECOA) case that was closely followed and highly anticipated, the U.S. Supreme Court (in a four-to-four vote) failed to issue a definitive ruling regarding whether Regulation B…more

Creditors, Default, ECOA, Family Status Discrimination, Guarantors

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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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.