Lathrop Gage

Contact
Share
Info
2345 Grand Blvd.
Suite 2200
Kansas City, MO 64108, United States
Phone: 816.292.2000
Fax: 816.292.2001
Areas of Practice
  • Bankruptcy
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Personal Injury
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
Number of Attorneys
100+ Attorneys

Missouri Bank Hit for Punitive Damages & Found Liable for Fiduciary’s Misappropriation of Funds

In Delarosa v. Farmer's State Bank, the Missouri Court of Appeals, W.D., expounded upon the duty imposed upon Missouri Banks under § 469.270 of the Missouri's Uniform Fiduciaries Law ("UFL"). Specifically, the court addressed…more

Banking Sector, Banks, Breach of Duty, Conservators, Discovery

See all updates »

California Wildfires - Insurance Recovery Checklist

The wildfires that erupted across Northern California in the beginning of October have, according to the California Department of Insurance, damaged or destroyed more than 7,000 structures and have ravaged some of California's…more

Department of Insurance, Fire Damage, Fire Insurance, Insurance Industry, Property Insurance

See all updates »

Supreme Court Affirms USPTO Claim Construction Test

On June 20, 2016, the Supreme Court issued its highly anticipated decision in Cuozzo Speed Technologies v. Lee. The Court unanimously held the United States Patent and Trademark Office (USPTO) can give claims in inter partes…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies

See all updates »

Full Federal Circuit Holds IPR Time-Bar Determinations Appealable

On Monday the Federal Circuit Court of Appeals issued an en banc decision on an important issue: If a party files a petition for Inter Partes Review (an “IPR”) before the Patent Trial and Appeal Board, and the Board decides the…more

§ 315(b), Appeals, Broadcom, En Banc Review, Inter Partes Review (IPR) Proceeding

See all updates »

New Political Climate May Lead to Class Action Changes

The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential changes on the…more

Class Action, Legislative Agendas, Merchandising Rights, Proposed Legislation, Tort Reform

See all updates »

Congress divided on length of extension for transportation programs

On May 31, funding for highway and transit programs is set to expire. With only a few legislative days remaining, House and Senate leaders continue to discuss an extension to keep funds flowing. While nearly everyone agrees…more

Congressional Committees, Federal Budget, Highway Trust Fund, Infrastructure, Political Debates

See all updates »

Missouri Adopts High Burden for Venue Challenges and Affirms a $23 Million Punitive Damages Award Based, in Part, on a Manufacturer’s Profit Motives

On September 12, 2017 the Missouri Supreme Court handed down its 4-3 opinion in Barron v. Abbott Laboratories, Inc., SC96151, dealing a significant blow to businesses who seek to transfer cases from Missouri trial venues…more

Abbott Laboratories, Manufacturers, MO Supreme Court, Punitive Damages, Transfer of Venue

See all updates »

Estate Planning after The Tax Cuts and Jobs Acts of 2017

The Tax Cuts and Jobs Act of 2017 (the “Act”) doubled the amount of property that an individual can transfer without incurring federal estate, gift or generation-skipping transfer tax (“Exemption Amount”) from $5,490,000 in 2017…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Cuts and Jobs Act

See all updates »

New Canadian Trademark Rules Go Into Effect June 17, 2019

The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the…more

Canada, Canadian Intellectual Property Office (CIPO), New Regulations, Trademarks, Trademarks Act

See all updates »

Sweeping Changes to the Missouri Human Rights Act – Back to the Mainstream

For more than a decade, employment discrimination plaintiffs in Missouri have benefited from a lower burden of proof than plaintiffs in federal court or other states. With no statutory cap on compensatory and punitive damages, a…more

Amended Regulation, Anti-Harassment Policies, Burden of Proof, Employer Liability Issues, Employment Discrimination

See all updates »

Centers for Medicare & Medicaid Services Finalizes New Comprehensive Care for Joint Replacement Payment Model

Effective April 1, 2016, acute care hospitals located in 67 geographic areas will be subject to the new mandatory payment model for lower extremity joint replacement (“LEJR”) services. Under the new Comprehensive Care for Joint…more

CCJR, CMS, Fraud and Abuse, Hospitals, Inpatient Prospective Payment System (IPPS)

See all updates »

Tort Reform Bill to Narrow Definition of Employee in Medical Negligence Actions

SB 237 is a bill designed to limit the liability of hospitals and other healthcare providers for the actions or omissions of those who are not within a narrow definition of “employee.” SB 237 is designed as a legislative fix for…more

Employee Definition, Health Care Providers, Medical Malpractice, Negligence, Pending Legislation

See all updates »

Changes to Federal Rules of Civil Procedure Affecting Patent Litigation

On December 1, 2015, various amendments to the Federal Rules of Civil Procedure (“Federal Rules”) went into effect. Several rule changes are already having a significant effect on litigation in general, and patent litigation in…more

Electronically Stored Information, Federal Rules of Civil Procedure, Non-Practicing Entities, Patent Litigation, Pleading Standards

See all updates »

California Wildfires - Insurance Recovery Checklist

The wildfires that erupted across Northern California in the beginning of October have, according to the California Department of Insurance, damaged or destroyed more than 7,000 structures and have ravaged some of California's…more

Department of Insurance, Fire Damage, Fire Insurance, Insurance Industry, Property Insurance

See all updates »

The Tax Cuts and Jobs Act of 2017

H.R. 1, better known as The Tax Cuts and Jobs Act of 2017 (the “Act”), passed both the House and Senate earlier this week and was signed by President Trump. Most of the relevant provisions of the Act will be effective for tax…more

529 Plans, Alternative Minimum Tax, Child Tax Credit, Corporate Taxes, Educational Institutions

See all updates »

European Opposition Tactic Using Ambiguous Patent Conveyances in Employee Agreements

Opponents in Europe have been invalidating priority claims in European patent applications using a formalistic challenge. In Europe, in order to have a good priority claim the applicant listed on the priority application must be…more

Employment Contract, EU, Patent Applications, Patent Cooperation Treaty, Patents

See all updates »

Missouri Supreme Court Upholds Arbitration Agreement Involving At-Will Employee

The Missouri Supreme Court has upheld an arbitration agreement signed at the commencement of at-will employment. In doing so, the Court implicitly identified two steps that employers can take to strengthen arbitration agreements…more

Arbitration, Arbitration Agreements, At-Will Employment, Delegation Clauses, Employment Litigation

See all updates »

Cryptocurrency 101

If you do not currently own Bitcoin, the odds are in the last few months you have thought about the merits (or lack thereof) of owning Bitcoin. Bitcoin is a cryptocurrency, which is a digital or virtual currency (commonly…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT)

See all updates »

Missouri Petroleum Storage Tank Liability to Shift From Tank Owners and Operators to Property Owners

Beginning January 1, 2018, Missouri's Underground and Aboveground Petroleum Storage Tanks laws will shift environmental liability from the "owner or operator of one or more petroleum storage tanks" to the "current legal owner of…more

Aboveground Storage Tanks, Civil Liability, Environmental Remediation Costs, Oil & Gas, Property Owners

See all updates »

New Political Climate May Lead to Class Action Changes

The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential changes on the…more

Class Action, Legislative Agendas, Merchandising Rights, Proposed Legislation, Tort Reform

See all updates »

Missouri Liquor Advertising Amendments

The Missouri Division of Alcohol and Tobacco Control (ATC) recently passed a “temporary” emergency amendment that could affect business operations in Missouri. Missouri's liquor control laws and regulations are designed to…more

Advertising, Amended Regulation, Commercial Speech, First Amendment, Liquor Control Boards

See all updates »

Estate Planning after The Tax Cuts and Jobs Acts of 2017

The Tax Cuts and Jobs Act of 2017 (the “Act”) doubled the amount of property that an individual can transfer without incurring federal estate, gift or generation-skipping transfer tax (“Exemption Amount”) from $5,490,000 in 2017…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Cuts and Jobs Act

See all updates »

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly Enforces Timely Filing Requirements of the Act

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a permanent…more

Abuse of Discretion, Common Law Claims, Employer Liability Issues, Employment Litigation, Human Rights Act

See all updates »

Cryptocurrency Taxation

With the individual tax filing deadline approaching it is a good time to visit the tax treatment of your bitcoin and other cryptocurrency transactions from 2017. With the increase in publicity and use of cryptocurrencies, the…more

Bitcoin, Cryptocurrency, IRS, Mining, Personal Property

See all updates »

New Kansas Act Allows Relief for Purchase of Contaminated Property

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing…more

Contaminated Properties, Environmental Liability, Environmental Policies, Environmental Remediation Costs, Municipalities

See all updates »

New Political Climate May Lead to Class Action Changes

The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential changes on the…more

Class Action, Legislative Agendas, Merchandising Rights, Proposed Legislation, Tort Reform

See all updates »

IRS Issues Section 50(d) Guidance

On July 22, 2016, the United States Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued temporary Treasury Regulations (Temporary Regulations) related to the income inclusion rules under…more

Corporate Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Partnerships, Pass-Through Entities

See all updates »

Employers Must Use Yet Another Revised Form I-9 Beginning September 18

Our readers may recall that use of the current version of the Form I-9, Employment Eligibility Verification, became mandatory at the beginning of this year. U.S. Citizenship & Immigration Services has made minor revisions to…more

Eligibility, Hiring & Firing, I-9, USCIS, Verification Requirements

See all updates »

Bitcoin Lessons from Venezuela, Where Hyperinflation Reigns

Most U.S. businesses have been introduced to the concept of blockchain and Bitcoin by now. Even with scalability and other concerns, investment grows in these technologies…more

Bitcoin, Blockchain, Cryptocurrency, Venezuela

See all updates »

Top 10 Tips for the Professional Fiduciary to Avoid Litigation

Communication is Key. This may seem obvious, but good communication can go a long way in preventing a dispute. This includes timely responding to emails and voice messages..…more

Beneficiaries, Conflicts of Interest, Corporate Counsel, Duty of Loyalty, Elder Issues

See all updates »

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly Enforces Timely Filing Requirements of the Act

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a permanent…more

Abuse of Discretion, Common Law Claims, Employer Liability Issues, Employment Litigation, Human Rights Act

See all updates »

U.S. Supreme Court Affirms Decision Excluding Guarantors from ECOA Protection

4-4 Decision Keeps Issue Unresolved Outside of 8th Circuit - On March 22, 2016, the U.S. Supreme Court affirmed the decision of the 8th Circuit Court of Appeals in favor of Lathrop & Gage LLP client Community Bank of…more

ECOA, Family Status Discrimination, Guarantors, Hawkins v Community Bank of Raymore, Justice Scalia

See all updates »

Supreme Court Affirms USPTO Claim Construction Test

On June 20, 2016, the Supreme Court issued its highly anticipated decision in Cuozzo Speed Technologies v. Lee. The Court unanimously held the United States Patent and Trademark Office (USPTO) can give claims in inter partes…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies

See all updates »

The Tax Cuts and Jobs Act of 2017

H.R. 1, better known as The Tax Cuts and Jobs Act of 2017 (the “Act”), passed both the House and Senate earlier this week and was signed by President Trump. Most of the relevant provisions of the Act will be effective for tax…more

529 Plans, Alternative Minimum Tax, Child Tax Credit, Corporate Taxes, Educational Institutions

See all updates »

2014 – June, 30 2015 Relief from Employer Excise Tax for Small Employer & S Corporation Payment or Reimbursement of Individual Health Insurance Premiums

Beginning in 2014, a violation of certain healthcare reform rules, such as offering a health plan with annual dollar limits or not providing full preventive care with no employee cost, requires employers to pay an excise tax of…more

DOL, Employer Group Health Plans, ERISA, Excise Tax, Flexible Spending Accounts

See all updates »

Supreme Court Decision Limits Venue Statute in Patent Litigation

On May 22, 2017, in a highly-anticipated decision that could dramatically alter the landscape of patent litigation, the United States Supreme Court held that the “resides” prong of the patent venue statute, 28 U.S.C. §1400(b),…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Non-Practicing Entities, Patent Infringement

See all updates »

The Tax Cuts and Jobs Act of 2017

H.R. 1, better known as The Tax Cuts and Jobs Act of 2017 (the “Act”), passed both the House and Senate earlier this week and was signed by President Trump. Most of the relevant provisions of the Act will be effective for tax…more

529 Plans, Alternative Minimum Tax, Child Tax Credit, Corporate Taxes, Educational Institutions

See all updates »

Supreme Court Decision Limits Venue Statute in Patent Litigation

On May 22, 2017, in a highly-anticipated decision that could dramatically alter the landscape of patent litigation, the United States Supreme Court held that the “resides” prong of the patent venue statute, 28 U.S.C. §1400(b),…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Non-Practicing Entities, Patent Infringement

See all updates »

New Kansas Act Allows Relief for Purchase of Contaminated Property

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing…more

Contaminated Properties, Environmental Liability, Environmental Policies, Environmental Remediation Costs, Municipalities

See all updates »

IRS Issues Section 50(d) Guidance

On July 22, 2016, the United States Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued temporary Treasury Regulations (Temporary Regulations) related to the income inclusion rules under…more

Corporate Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Partnerships, Pass-Through Entities

See all updates »

Missouri Liquor Advertising Amendments

The Missouri Division of Alcohol and Tobacco Control (ATC) recently passed a “temporary” emergency amendment that could affect business operations in Missouri. Missouri's liquor control laws and regulations are designed to…more

Advertising, Amended Regulation, Commercial Speech, First Amendment, Liquor Control Boards

See all updates »

Cryptocurrency 101

If you do not currently own Bitcoin, the odds are in the last few months you have thought about the merits (or lack thereof) of owning Bitcoin. Bitcoin is a cryptocurrency, which is a digital or virtual currency (commonly…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT)

See all updates »

Centers for Medicare & Medicaid Services Finalizes New Comprehensive Care for Joint Replacement Payment Model

Effective April 1, 2016, acute care hospitals located in 67 geographic areas will be subject to the new mandatory payment model for lower extremity joint replacement (“LEJR”) services. Under the new Comprehensive Care for Joint…more

CCJR, CMS, Fraud and Abuse, Hospitals, Inpatient Prospective Payment System (IPPS)

See all updates »

Missouri Bank Hit for Punitive Damages & Found Liable for Fiduciary’s Misappropriation of Funds

In Delarosa v. Farmer's State Bank, the Missouri Court of Appeals, W.D., expounded upon the duty imposed upon Missouri Banks under § 469.270 of the Missouri's Uniform Fiduciaries Law ("UFL"). Specifically, the court addressed…more

Banking Sector, Banks, Breach of Duty, Conservators, Discovery

See all updates »

IRS Issues Section 50(d) Guidance

On July 22, 2016, the United States Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued temporary Treasury Regulations (Temporary Regulations) related to the income inclusion rules under…more

Corporate Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Partnerships, Pass-Through Entities

See all updates »

New Rules For Patent Validity Challenges: What You Need To Know

On March 31, 2016, the United States Patent & Trademark Office (USPTO) issued new final rules to make targeted modifications to the existing consolidated set of rules implementing provisions of the Leahy-Smith America Invents…more

America Invents Act, Broadest Reasonable Interpretation Standard, Claim Construction, Covered Business Method Proceedings, Duty of Candor

See all updates »

Tort Reform Bill to Narrow Definition of Employee in Medical Negligence Actions

SB 237 is a bill designed to limit the liability of hospitals and other healthcare providers for the actions or omissions of those who are not within a narrow definition of “employee.” SB 237 is designed as a legislative fix for…more

Employee Definition, Health Care Providers, Medical Malpractice, Negligence, Pending Legislation

See all updates »

ADA Litigation Over Website Accessibility Is Exploding

Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website…more

ADA, Class Action, Corporate Counsel, DOJ, Popular

See all updates »

Treasury Department Issues Proposed Regulations on Valuation Discounts

On Aug. 2, 2016, the Treasury Department issued proposed regulations on valuation discounts. These proposed regulations make sweeping changes to the valuation rules for family-owned entities. If the proposed regulations become…more

Controlling Stockholders, Discounts, Estate Tax, Family Businesses, Proposed Regulation

See all updates »

New Non-Discrimination Notice Requirements Go Into Effect October 17, 2016

In May of this year, the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) finalized its rulemaking implementing certain non-discrimination requirements under Section 1557 of the Affordable Care…more

Affordable Care Act, Covered Entities, Health Care Providers, Health Insurance, Non-Discrimination Rules

See all updates »

California's New Privacy Protections Pack Significant Punch

What happened? California has enacted a sweeping digital privacy law, creating new protections and rights for consumers’ personal information. The law, which goes into effect in 2020, gives consumers a greater right to know…more

Cybersecurity, General Data Protection Regulation (GDPR), Governor Brown, New Regulations, Personal Data

See all updates »

New Canadian Trademark Rules Go Into Effect June 17, 2019

The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the…more

Canada, Canadian Intellectual Property Office (CIPO), New Regulations, Trademarks, Trademarks Act

See all updates »

U.S. Supreme Court Again Limits Forums for Suits Against Corporations

Last month, the U.S. Supreme Court held that due process restricts a state court’s power to exercise “general” (i.e. all-purpose) jurisdiction to hear any and all claims against a defendant. General jurisdiction exists only…more

BNSF Railway Co v Tyrrell, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Due Process, Forum Shopping, Fourteenth Amendment

See all updates »

Supreme Court to Decide Whether Ban on “Immoral” or “Scandalous” Trademarks Is Constitutional

On Jan. 4, 2019, the U.S. Supreme Court agreed to review whether the 113-year-old ban on registration of “immoral” or “scandalous” trademarks violates the First Amendment’s guarantee of free speech. The case involves Erik…more

Appeals, First Amendment, Free Speech, Iancu v. Brunetti, Lanham Act

See all updates »

Kansas Amends Concealed Carry Law for Public Employers

On July 1, 2016, the Kansas concealed carry law will change. A public employer may no longer prohibit an employee from carrying a concealed handgun on the job. In addition, a municipality must now have adequate postings, metal…more

Amended Legislation, Concealed Carry Permit, Concealed Weapons, Gun Laws, Posting Requirements

See all updates »

Kansas Amends Concealed Carry Law for Public Employers

On July 1, 2016, the Kansas concealed carry law will change. A public employer may no longer prohibit an employee from carrying a concealed handgun on the job. In addition, a municipality must now have adequate postings, metal…more

Amended Legislation, Concealed Carry Permit, Concealed Weapons, Gun Laws, Posting Requirements

See all updates »

U.S. Supreme Court Affirms Decision Excluding Guarantors from ECOA Protection

4-4 Decision Keeps Issue Unresolved Outside of 8th Circuit - On March 22, 2016, the U.S. Supreme Court affirmed the decision of the 8th Circuit Court of Appeals in favor of Lathrop & Gage LLP client Community Bank of…more

ECOA, Family Status Discrimination, Guarantors, Hawkins v Community Bank of Raymore, Justice Scalia

See all updates »

Coffee and Cancer Warnings in California

Thirty-two years ago, a major California newspaper urged Californians to vote “no” on a ballot initiative commonly referred to as “Prop 65,” which would require certain businesses to include warning labels on products that…more

Manufacturers, Proposition 65, Public Health, Retailers, Starbucks

See all updates »

Workplace Relationships

In the wake of the #MeToo movement, employers are wrestling with how to deal with workplace relationships in an effort to limit potential liability. Some employers are opting to have employees sign consensual relationship…more

#MeToo, Anti-Harassment Policies, Anti-Retaliation Provisions, Best Management Practices, Conflicts of Interest

See all updates »

Missouri Liquor Advertising Amendments

The Missouri Division of Alcohol and Tobacco Control (ATC) recently passed a “temporary” emergency amendment that could affect business operations in Missouri. Missouri's liquor control laws and regulations are designed to…more

Advertising, Amended Regulation, Commercial Speech, First Amendment, Liquor Control Boards

See all updates »

Bitcoin Lessons from Venezuela, Where Hyperinflation Reigns

Most U.S. businesses have been introduced to the concept of blockchain and Bitcoin by now. Even with scalability and other concerns, investment grows in these technologies…more

Bitcoin, Blockchain, Cryptocurrency, Venezuela

See all updates »

Estate Planning after The Tax Cuts and Jobs Acts of 2017

The Tax Cuts and Jobs Act of 2017 (the “Act”) doubled the amount of property that an individual can transfer without incurring federal estate, gift or generation-skipping transfer tax (“Exemption Amount”) from $5,490,000 in 2017…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Cuts and Jobs Act

See all updates »

Missouri Liquor Advertising Amendments

The Missouri Division of Alcohol and Tobacco Control (ATC) recently passed a “temporary” emergency amendment that could affect business operations in Missouri. Missouri's liquor control laws and regulations are designed to…more

Advertising, Amended Regulation, Commercial Speech, First Amendment, Liquor Control Boards

See all updates »

U.S. Supreme Court validates class action waivers in employee arbitration agreements

The U.S. Supreme Court has ruled that an employer may include a class action waiver in arbitration agreements with its employees. Thus, an employer may validly require that an employee arbitrate disputes on an individual basis,…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Epic Systems Corp v Lewis

See all updates »

Amendment to FCRA Notification Requirement

In an interim final rule issued this month, the Consumer Financial Protection Bureau (“CFPB”) revised the publication called, “A Summary of Your Rights Under the Fair Credit Reporting Act” (“FCRA Summary of Rights”). Any…more

CFPB, FCRA, Interim Final Rules (IFR)

See all updates »

Top 10 Tips for the Professional Fiduciary to Avoid Litigation

Communication is Key. This may seem obvious, but good communication can go a long way in preventing a dispute. This includes timely responding to emails and voice messages..…more

Beneficiaries, Conflicts of Interest, Corporate Counsel, Duty of Loyalty, Elder Issues

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

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.

- hide

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.