Obermayer Rebmann Maxwell & Hippel LLP

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Centre Square West
1500 Market Street, Suite 3400
Philadelphia, PA 19102, United States
Phone: (215) 665-3000
Fax: (215) 665-3165
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
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  • Insurance
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  • International Law & Trade
  • Labor & Employment Law
  • Litigation
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  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Connecticut
  • Delaware
  • New Jersey
  • Pennsylvania
Number of Attorneys
100+ Attorneys

COVID-19 and CARES Act: New Guidance Helps Employers Claiming Employee Retention Credit

Employers who do not receive forgivable loans under the Paycheck Protection Program (PPP) of the CARES Act will be interested to know that the IRS has provided new guidance to the Employee Retention Credit generally helpful to…more

CARES Act, Coronavirus/COVID-19, IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

The Third Circuit Determines That New Jersey Tax Foreclosure Is Subject To Bankruptcy Preference Avoidance

Unlike mortgage foreclosures, which are immune from fraudulent conveyance avoidance attack, the Third Circuit recently ruled, in a case of first impression, that a transfer of title pursuant to a New Jersey tax sale foreclosure…more

Adversary Proceedings, Anti-Avoidance, Bankruptcy Code, Bankruptcy Court, Chapter 13

See all updates »

Pennsylvania’s Spousal Elective Share

Disinheriting a spouse in Pennsylvania is not as simple as leaving a spouse nothing under the Will. In Pennsylvania, the surviving spouse has the right to receive an “elective share” of certain property of the deceased spouse…more

Beneficiaries, Estate Planning, Marriage, Spouses, Wills

See all updates »

Supreme Court to Decide if Anti-discrimination Laws Protect LGBTQ Employees

On April 22, 2019, the U.S. Supreme Court announced that it will consider whether federal anti-discrimination law applies to LGBTQ employees, granting judicial review to two (2) sexual orientation discrimination cases and one…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Certiorari, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes

See all updates »

Who’s the Boss? The Joint Employer Tug-Of-War Continues

The “joint employer” test, which determines which organizations are liable for employee discrimination, wage and hour, and labor law claims, has in many ways resembled a game of legal “Whack-A-Mole” over the years.  Indeed,…more

DOL, FLSA, Joint Employers, NLRB, Trump Administration

See all updates »

Janet Dhillon Confirmed as EEOC Chair — What’s Next for the Commission?

On May 8, 2019, the U.S. Senate confirmed Janet Dhillon as the new Chair of the Equal Employment Opportunity Commission (“EEOC”), by a vote of 50-43. Ms. Dhillon, the former general counsel for Burlington Stores, Inc., JC Penny…more

Corporate Counsel, DOJ, EEO-1, EEOC, Filing Deadlines

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What Is the Impact of Medical Marijuana and Child Custody

With the legalization of medical marijuana in Pennsylvania, how does it impact child custody cases? The answer is not so simple. Under the Medical Marijuana Act: “the fact that an individual is certified to use medical…more

Child Custody, Decriminalization of Marijuana, Divorce, Medical Marijuana

See all updates »

Pennsylvania Custody Orders and Covid-19

Have you been wondering how the “stay at home” and “shelter in place” state directives impact your physical custody schedule? If so, you are not alone. …more

Child Custody, Coronavirus/COVID-19, Physical Custody, Shelter-In-Place

See all updates »

Start Spreadin’ the News: NYC’s “Cooperative Dialogue” Requirement for Accommodations is Effective Today

A spate of new state and local regulations is making it tougher to be an employer in the City That Never Sleeps. As previously covered by HR Legalist, new requirements for sexual harassment policies went into effect across New…more

Anti-Harassment Policies, Best Management Practices, Cooperative Dialogue, Employer Liability Issues, Employment Policies

See all updates »

Is It Time to Update Your Company’s Appearance Policies?

On June 13, 2019, bills were introduced in the New Jersey Assembly (A5564) and New Jersey Senate (S3945) that would amend the New Jersey Law Against Discrimination (“LAD”) to include discrimination on the basis of hair. The…more

Anti-Discrimination Policies, Appearance Policy, Employer Liability Issues, NYCHRL, Proposed Legislation

See all updates »

USCIS To Implement New Electronic Registration Process for FY 2021 H-1B Cap-Subject Petitions

Many employers seek to leverage foreign talent by hiring highly skilled foreign professionals through use of the United States’ H-1B visa program. As covered previously by HR Legalist, because there is a cap on the number of…more

Electronic Filing, H-1B, Highly-Skilled Workers Visa, Lottery, Registration Requirement

See all updates »

The Race to Create a COVID-19 Vaccine: Acceleration and Collaboration

From the very outset of the COVID-19 pandemic the development of an effective and safe vaccine for COVID-19 became a public and private priority pursed with urgency and intensity. Towards that end, the United States government…more

CDC, Clinical Trials, Coronavirus/COVID-19, Department of Health and Human Services (HHS), FDA

See all updates »

UBER Update: NLRB Advice Memo Reaffirms the “Entrepreneurial Opportunity” Test for Independent Contractors

The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors.  As…more

Employer Liability Issues, Gig Economy, Independent Contractors, Lyft, Misclassification

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Five Tips for Separating From Your Spouse Without Moving Out

Separating from your spouse is never easy. It is emotionally difficult as you adjust to a new normal and set new boundaries with your spouse. You might be adjusting to a new custody schedule, or new financial situation…more

Divorce, Separation

See all updates »

Whose Land is it Anyway? Pennsylvania Supreme Court rules that Municipalities are Now Subject to Claims for Adverse Possession

In cities and towns across Pennsylvania, it is familiar story - a Good Samaritan homeowner, fed up with overgrown weeds and accumulation of old tires and televisions, decides to clean up a neighboring lot which belongs to an…more

Adverse Possession, Land Titles, Municipalities, PA Supreme Court, Public Benefits

See all updates »

New NLRB Decision Overhauls Standard for Offensive Employee Outbursts

Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. …more

Employee Rights, Employment Policies, NLRB, Offensive Language, Section 7

See all updates »

Paycheck Protection Program – Loan Forgiveness

From the initial real estate purchase to completing construction, the entire real estate industry has been hit hard by the economic downturn caused by COVID-19. Some of the new relief bills have helped, especially the Paycheck…more

CARES Act, Construction Industry, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness

See all updates »

The Impact of Asset Division in a Divorce as a Result of COVID-19

The effects of the COVID-19 pandemic are far reaching as we are all in unprecedented and uncertain times. The financial and emotional impact on everyone will have enormous consequences…more

Coronavirus/COVID-19, Division of Assets, Divorce, Marital Assets

See all updates »

For Landlords: Navigating the New Right to Counsel in Eviction Cases

On November 14, 2019, the Philadelphia City Council passed Philadelphia Code Chapter 9-808, “Legal Representation in Landlord Tenant Court.” This new law aims to curb evictions by implementing a right to counsel for covered…more

Eviction, Landlords, Local Ordinance, Property Owners, Real Estate Investments

See all updates »

The Fate of Coworking Spaces in the Wake of COVID-19

Prior to COVID-19, coworking was a growing trend as businesses evolved to include remote work, independent contractors and traveling employees. The coronavirus shutdowns resulted in an initial hit to these communal spaces…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Landlords

See all updates »

State Representative Enters Consent Agreement for $14K in Ethics Violations, But No Criminal Referral

Last week, the Pennsylvania State Ethics Commission (“Commission”) entered into a public consent agreement to fine a sitting state representative $14,000 for violating state ethics law. The Commission’s final adjudication,…more

Conflicts of Interest, Consent Agreements, Criminal Prosecution, Ethics, Ethics Breach

See all updates »

COVID-19 and Your Existing and New Agreements

In our brave new world of COVID-19 driven shutdowns and (hopefully) short-term economic changes and challenges, now would be a key time to look at your agreements for deals already under way and new deals going forward. Most…more

Business Continuity Plans, Business Interruption, Commercial Leases, Commercial Tenants, Contract Terms

See all updates »

Condominiums and Corona: Managing Risk and Residents’ Expectations as Pennsylvania Recovers From the Pandemic

As we settle in to another week of pandemic life in Philadelphia and the surrounding counties, residents of condominiums and planned communities may be susceptible to spread by virtue of their proximity to neighbors and access…more

CDC, Condominiums, Coronavirus/COVID-19, Governor Wolf, Re-Opening Guidelines

See all updates »

Child Custody During COVID-19

It is difficult to find stability during these uncertain times. The COVID-19 pandemic is changing the fabric of our daily lives. With enough sources of stress in the world, your custody arrangement should not be one of them…more

Child Custody, Coronavirus/COVID-19, Parenting Time, Physical Custody, Shelter-In-Place

See all updates »

Financial Implications of Winning the Lottery

On Tuesday, a lucky South Carolinian bought the winning ticket for the $1.5 billion Mega Millions jackpot. The winner might be dreaming about a private island and mega-yacht to rival Richard Branson’s, but they must also make…more

Financial Adviser, Financial Planning, Lottery, Tax Planning

See all updates »

Hot Topics in Contract Law: 5 Key Takeaways

Special thanks to those who were able to make it to our afternoon CLE session: “Top 3 Hot Topics in Contract Law,” at ACC Greater Philadelphia’s In-House Counsel Conference on April 24, 2019. Even if you weren’t able to make it,…more

Arbitration Agreements, Best Practices, Contract Drafting, Contract Terms, Data Breach

See all updates »

New NLRB Decision Overhauls Standard for Offensive Employee Outbursts

Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. …more

Employee Rights, Employment Policies, NLRB, Offensive Language, Section 7

See all updates »

Observer Estate Planning - Spring 2016

Pennsylvania’s Revised Power of Attorney Act: Major Changes May Not Necessitate Revising Your Power of Attorney - You may have read about the overhaul of the Pennsylvania laws governing Powers of Attorney used for…more

Banks, Estate Planning, Financial Institutions, New Legislation, Notary Certificates

See all updates »

Childless Employees - the Next Employment Litigation Frontier?

The COVID-19 pandemic has disrupted childcare and school and blurred the lines between home and work life. This, along with the dependent care leave provided by the CARES Act, has created new differences in the workplace - those…more

Child Care, Coronavirus/COVID-19, Employment Litigation, Reasonable Accommodation

See all updates »

Employer Accountability When COVID 19 Related Leave (FFCRA Leave) From Work Is Requested

Our COVID-19 Response Team previously published an Alert listing the circumstances upon which an employee would qualify under the Families First Coronavirus Response Act (“FFCRA”) for leave from work. To briefly reiterate, FFCRA…more

Coronavirus/COVID-19, Corporate Counsel, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Recordkeeping Requirements

See all updates »

Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the LGBT Rights Rodeo?

October 7, 2019 marked the beginning of a new U.S. Supreme Court term. One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender (“LGBT”) rights. In a trio of…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Cisgender, Civil Rights Act, EEOC

See all updates »

Hot Topics in Contract Law: 5 Key Takeaways

Special thanks to those who were able to make it to our afternoon CLE session: “Top 3 Hot Topics in Contract Law,” at ACC Greater Philadelphia’s In-House Counsel Conference on April 24, 2019. Even if you weren’t able to make it,…more

Arbitration Agreements, Best Practices, Contract Drafting, Contract Terms, Data Breach

See all updates »

Buying a Home as Part of a Divorce

In a previous post we discussed selling your house in a divorce. The other side of that coin is buying a home. Buying can be more stressful as the decision-making responsibility falls squarely on your shoulders, and a home is…more

Best Practices, Divorce, Homeowners, Real Estate Transactions

See all updates »

Recent Pennsylvania Superior Court Decision Reiterates a Commercial Landlord’s Obligations to Satisfy Conditions Precedent and Timely Bring Claims for “Additional Rent”

A recent Pennsylvania Superior Court decision, although non-precedential, reaffirms the need for landlords to satisfy any conditions precedent prior to bringing a collection claim and to assert such claim within four (4) years…more

Breach of Contract, Commercial Leases, Damages, Jury Trial, Landlord and Tenant Acts

See all updates »

5 Reasons Divorce Is On The Rise For People Over 50

Retirement is supposed to be the “golden years.” Freed from the pressures of work, retirees are finally able to pursue their dreams – whether that means road-tripping across the country or relaxing on a beach or a golf course…more

Divorce, Retirement

See all updates »

Everyone Likes a Good Deal, but are Land Bank Properties a Good One?

According to ATTOM Data Solutions, as of the end of the third quarter of 2018, there were nearly 1.5 million vacant single-family homes in the United States, representing approximately 1.52 percent of all homes nationwide…more

Abandoned Property, Affordable Housing, Private Sector, Property Owners, Real Estate Market

See all updates »

Net Neutrality: Will The Internet Still Be Open for Business As Usual?

New changes supposedly designed to foster a more “Open Internet” have resulted in something of a national backlash. Although not unexpected, the Federal Communications Commission (the “FCC”) announced approval, on a partisan…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), Net Neutrality

See all updates »

Estate Planning is Still Important Even with the Passage of the Tax Cuts and Jobs Act

The Tax Cuts and Jobs Act of 2017 (the Act) signed into law by President Trump on December 22, 2017 made sweeping changes that affect individuals, businesses, trusts and estates. This alert focuses on the impact of the Act on…more

529 Plans, Charitable Donations, Estate Planning, Estate Tax, Generation-Skipping Transfer

See all updates »

Employer Accountability When COVID 19 Related Leave (FFCRA Leave) From Work Is Requested

Our COVID-19 Response Team previously published an Alert listing the circumstances upon which an employee would qualify under the Families First Coronavirus Response Act (“FFCRA”) for leave from work. To briefly reiterate, FFCRA…more

Coronavirus/COVID-19, Corporate Counsel, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Recordkeeping Requirements

See all updates »

The Impact of COVID-19 on Child Support

COVID-19 has altered daily life for all of us. Schools and non-essential businesses are closed. Kids are at home. We are dealing with the pressures of obtaining food, medicine and even toilet paper. And most seriously, the risk…more

Child Support, Child Support Modification, Coronavirus/COVID-19, Divorce

See all updates »

New Guidance for Trump’s Payroll Tax Deferral Doesn’t Change Employers’ Responsibility

Late on Friday, the IRS finally issued guidance on Trump’s payroll tax deferral, giving employers 1 day to react and implement the guidance. The guidance allows an employer to defer withholding of the employee’s share of social…more

Coronavirus/COVID-19, IRS, New Guidance, Payroll Taxes, Popular

See all updates »

New Mandate: If you like your water heater you can keep it; but replacing it will be expensive.

Effective April 16, 2015, there will be significant changes to water heater energy factor requirements as the result of updates to the National Appliance Energy Conservation Act (“NAECA”). The new requirements call for higher…more

Commercial Property Owners, Construction Industry, Contractors, Energy Efficiency, General Contractors

See all updates »

The Race to Create a COVID-19 Vaccine: Acceleration and Collaboration

From the very outset of the COVID-19 pandemic the development of an effective and safe vaccine for COVID-19 became a public and private priority pursed with urgency and intensity. Towards that end, the United States government…more

CDC, Clinical Trials, Coronavirus/COVID-19, Department of Health and Human Services (HHS), FDA

See all updates »

Net Neutrality: Will The Internet Still Be Open for Business As Usual?

New changes supposedly designed to foster a more “Open Internet” have resulted in something of a national backlash. Although not unexpected, the Federal Communications Commission (the “FCC”) announced approval, on a partisan…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), Net Neutrality

See all updates »

Productivity in the Time of Covid-19: Organize Your Unreimbursed Medical Expense Receipts

Many of us are finding ourselves with more time at home during Covid-19 Stay-at-Home Orders. So, no better time for a reminder from your friendly Pennsylvania divorce attorney that you have some work to do…more

Alimony, Child Support, Coronavirus/COVID-19, Medical Expenses, Shelter-In-Place

See all updates »

Employer Accountability When COVID 19 Related Leave (FFCRA Leave) From Work Is Requested

Our COVID-19 Response Team previously published an Alert listing the circumstances upon which an employee would qualify under the Families First Coronavirus Response Act (“FFCRA”) for leave from work. To briefly reiterate, FFCRA…more

Coronavirus/COVID-19, Corporate Counsel, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Recordkeeping Requirements

See all updates »

Chipping Away at Philadelphia’s Lead Paint Long-Awaited Amendments to Philadelphia’s Lead Disclosure & Certification Law

Recently, Philadelphia’s Mayor signed into law Bill No. 180936-A (the “Ordinance”) which amends the city’s Lead Disclosure & Certification Law to require residential landlords to test and certify lead safety every 4 years for…more

Amended Legislation, Certification Requirements, Landlords, Lead, Local Ordinance

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Blue Christmas for Garden State Employers if NJ Passes Proposed Legislation Imposing Very Strict Limits on Non-Competes

With end of year bonuses just around the corner, ‘tis the season for employers to review the non-competition agreements and other restrictive covenants that limit what their employees can do after leaving employment. For…more

Contract Terms, Employment Contract, Former Employee, Non-Compete Agreements, Proposed Legislation

See all updates »

Employer Accountability When COVID 19 Related Leave (FFCRA Leave) From Work Is Requested

Our COVID-19 Response Team previously published an Alert listing the circumstances upon which an employee would qualify under the Families First Coronavirus Response Act (“FFCRA”) for leave from work. To briefly reiterate, FFCRA…more

Coronavirus/COVID-19, Corporate Counsel, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Recordkeeping Requirements

See all updates »

You’ve Got a Friend in Arbitration, Pennsylvania

Effective on July 1, 2019, Pennsylvania along with 18 other states adopted the Revised Uniform Arbitration Act (“RUAA”) which makes arbitration more user-friendly.  Over the years, arbitration has become an increasingly…more

AIA Construction Forms, Arbitration, Arbitration Awards, Arbitrators, Construction Industry

See all updates »

Employer Accountability When COVID 19 Related Leave (FFCRA Leave) From Work Is Requested

Our COVID-19 Response Team previously published an Alert listing the circumstances upon which an employee would qualify under the Families First Coronavirus Response Act (“FFCRA”) for leave from work. To briefly reiterate, FFCRA…more

Coronavirus/COVID-19, Corporate Counsel, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Recordkeeping Requirements

See all updates »

[Webinar] Government Contracting Fundamentals Series: Teaming, Joint Ventures and the Mentor Protégé Programs - October 14th, 12:00 pm - 1:00 pm ET

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced…more

Business Strategies, Contract Drafting, Contract Negotiations, Contract Terms, Eligibility

See all updates »

New NLRB Decision Overhauls Standard for Offensive Employee Outbursts

Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. …more

Employee Rights, Employment Policies, NLRB, Offensive Language, Section 7

See all updates »

Condominiums and Corona: Managing Risk and Residents’ Expectations as Pennsylvania Recovers From the Pandemic

As we settle in to another week of pandemic life in Philadelphia and the surrounding counties, residents of condominiums and planned communities may be susceptible to spread by virtue of their proximity to neighbors and access…more

CDC, Condominiums, Coronavirus/COVID-19, Governor Wolf, Re-Opening Guidelines

See all updates »

2020 – Title VII Finally Comes Out of the Closet

Yesterday, the Supreme Court of the United States issued a landmark civil rights decision, in three cases that had been consolidated together — Bostock v. Clayton County, Georgia, Altitude Express, Inc. v. Zarda, and R.G & G.R…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

See all updates »

Adding Bankruptcy to a Divorce May Not Grant You the Relief You Are Seeking

Times are tough and you may be motivated to make a change, however, it is important to note that you cannot transform your whole life at once. While there is nothing that legally precludes a spouse from filing for bankruptcy…more

Chapter 7, Consumer Bankruptcy, Divorce, Marital Assets

See all updates »

Supreme Court Rules Against Public Sector Unions, Disallows “Fair Share” Fees for Public Employees

Today the Supreme Court ruled, in a 5-4 decision, that public sector employees who are not members of a union cannot be forced to pay union fees covering the costs of collective bargaining (Janus v. AFSCME). In doing so, the…more

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

See all updates »

[Webinar] Government Contracting Fundamentals Series: Teaming, Joint Ventures and the Mentor Protégé Programs - October 14th, 12:00 pm - 1:00 pm ET

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced…more

Business Strategies, Contract Drafting, Contract Negotiations, Contract Terms, Eligibility

See all updates »

Talented child, higher child support obligation?

The rise of social media such as YouTube, Instagram, Facebook, Vine and Tumblr has undoubtedly put a spotlight on talent. Today, more children than ever are getting their “big break” within minutes of parents posting a video of…more

Child Support, Social Media

See all updates »

All Child Custody Matters Are To Be Treated Equally: New Jersey Appellate Division Decision States The Not-So-Obvious

If the custody or parenting time of a minor child is at issue before a court, should the legal process differ depending on whether the parents of the child at issue were married? Basic principles of equity, and frankly…more

Child Custody, Discovery, Disparate Treatment, Local Rules, Marital Status

See all updates »

Back-to-School and Co-Parenting during the Pandemic

Back-to-School is looking very different this year as families across the United States enter into the sixth month of the COVID-19 pandemic and what many are calling the “new normal.” As schools begin to welcome their students…more

Child Custody, Co-Parenting, Coronavirus/COVID-19, Parenting Plans, Parenting Time

See all updates »

Remote Work and the Pandemic: New Guidance on How to Avoid Wage and Hour Liability

On August 24, 2020, the United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) regarding an employer’s obligation under the Fair Labor Standards Act (“FLSA”) to track the number of compensable hours…more

Coronavirus/COVID-19, DOL, Employer Liability Issues, FLSA, New Guidance

See all updates »

What is a Family Part Case Information Statement in New Jersey?

If you are involved in a divorce or post-divorce matter in New Jersey where there are custody or financial issues, you will be asked to fill out a Case Information Statement, commonly referred to as a “CIS.” The New Jersey Court…more

Child Custody, Divorce, Rules of Civil Procedure

See all updates »

Real Estate Tax Liens Attach to Persons, Not Just Property

In 2013, the Pennsylvania legislature passed an amendment to the Municipal Claim and Tax Lien Law (Act No. 93 of 2013, the “Amendment”), designed to give municipalities and school districts improved means of collecting tax…more

Property Tax, State Taxes, Tax Liens

See all updates »

Paycheck Protection Program – Loan Forgiveness

From the initial real estate purchase to completing construction, the entire real estate industry has been hit hard by the economic downturn caused by COVID-19. Some of the new relief bills have helped, especially the Paycheck…more

CARES Act, Construction Industry, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness

See all updates »

How Does the Coronavirus Affect our Contracts? Is it Insured?

The coronavirus is interrupting supply chains, causing cancelations of events planned years in advance, and generally disrupting . . . everything. Businesses everywhere are asking whether contracts are still enforceable and…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

Who’s the Boss? The Joint Employer Tug-Of-War Continues

The “joint employer” test, which determines which organizations are liable for employee discrimination, wage and hour, and labor law claims, has in many ways resembled a game of legal “Whack-A-Mole” over the years.  Indeed,…more

DOL, FLSA, Joint Employers, NLRB, Trump Administration

See all updates »

Remote Mediation: an Option to Keep Family Matters Moving During Social Distancing

Covid-19 has created a new world order. With many courts closing their doors to the public for all but the emergent cases, some litigants are concerned that their case will stall. The necessity of social distancing raises new…more

Coronavirus/COVID-19, Court Closures, Family Law Courts, Mediation, Shelter-In-Place

See all updates »

The U.S. Department of Homeland Security Modifies COVID-19 Special Exemptions for F-1/M-1 Students Regarding Online Courses, Potential to Impact CPT Work Authorizations

On July 6, 2020, the Student and Exchange Visitor Program (“SEVP”) announced a series of changes for the Fall 2020 semester that will rollback accommodations made in response to the COVID-19 pandemic with regard to F-1/M-1…more

Customs and Border Protection, DHS, F-1 Visa, Foreign Students, Immigration Procedures

See all updates »

Pennsylvania’s Spousal Elective Share

Disinheriting a spouse in Pennsylvania is not as simple as leaving a spouse nothing under the Will. In Pennsylvania, the surviving spouse has the right to receive an “elective share” of certain property of the deceased spouse…more

Beneficiaries, Estate Planning, Marriage, Spouses, Wills

See all updates »

ICYMI: “Don’t Panic, Be Prepared: Coronavirus and the Workplace”

Please note that this is a developing area of law, concerning unprecedented public health challenges. This webinar includes the most up-to-date information available as of the date of the presentation. However, laws and best…more

Business Disruption, CDC, Coronavirus/COVID-19, Employer Liability Issues, FLSA

See all updates »

Paycheck Protection Program Expansion Signed into Law. Is Hazard Pay Next?

On Friday, April 24, 2020, President Trump signed the latest Coronavirus relief package into law. Included in this round of relief legislation - which was passed by the house on April 23rd - is an expansion of the Paycheck…more

Coronavirus/COVID-19, Essential Workers, Financial Stimulus, Paycheck Protection Program (PPP), Paycheck Protection Program and Health Care Enhancement Act

See all updates »

The Race to Create a COVID-19 Vaccine: Acceleration and Collaboration

From the very outset of the COVID-19 pandemic the development of an effective and safe vaccine for COVID-19 became a public and private priority pursed with urgency and intensity. Towards that end, the United States government…more

CDC, Clinical Trials, Coronavirus/COVID-19, Department of Health and Human Services (HHS), FDA

See all updates »

An Equity Investment or a Sale of Securities? A General Overview of Pennsylvania’s Securities’ Registration Requirements

You just decided to begin a lucrative career in real estate investment and found the perfect property to acquire. You gather all of your information and head to the bank you have been banking with for the past twenty years and…more

Investors, Real Estate Investments, Registration Requirement

See all updates »

What Should I Do With the House During a Divorce?

The marital home is oftentimes a family’s greatest asset and therefore the division/sale of the marital home may become quite contentious. With that being said, there are only a few possible outcomes when discussing the…more

Community Property, Divorce, Marital Assets, Primary Residence

See all updates »

FDA Tackles the Escalating Medical Device Cybersecurity Threats

Cybersecurity and data breaches have been in public spotlight in the past several years as a result of recurring cyber-attacks on numerous organizations, business, its customers and communities in general. Media have been…more

Cybersecurity, Data Breach, Department of Health and Human Services (HHS), FDA, Guidance Update

See all updates »

How Computer Forensics Can Affect Your Divorce Case

As people spend more and more time on digital and electronic devices (smartphones, laptops, ipads, and computers), digital information becomes more relevant in divorce cases. Social media, computers and cell phones become very…more

Divorce, Electronic Communications, Evidence, Mobile Devices, Social Networks

See all updates »

How Computer Forensics Can Affect Your Divorce Case

As people spend more and more time on digital and electronic devices (smartphones, laptops, ipads, and computers), digital information becomes more relevant in divorce cases. Social media, computers and cell phones become very…more

Divorce, Electronic Communications, Evidence, Mobile Devices, Social Networks

See all updates »

When Is It A Good Time to Establish Grounds for Divorce?

In Pennsylvania, if you have established grounds for divorce and one party dies, the divorce laws apply and the surviving spouse will have to proceed to the division of marital assets with the deceased party’s estate…more

Deceased, Division of Assets, Divorce, Marital Assets

See all updates »

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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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