Parker Poe Adams & Bernstein LLP

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Bank of America Tower
620 South Tryon Street, Suite 800
Charlotte, NC 28202, United States
Phone: 704.372.9000
Fax: 704.334.4706
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Georgia
  • North Carolina
  • South Carolina
Number of Attorneys
100+ Attorneys

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

In the past several months, there has been a sharp rise in reports of antisemitic, Islamophobic, and other hate-based incidents at K-12 schools. Reported threats against faith communities, particularly Jewish and Muslim…more

Anti-Discrimination Policies, Civil Rights Act, Dear Colleague Letter, Department of Education, Ethnicity

See all updates »

Georgia Supreme Court Rejects "Apex Doctrine"

On June 1, 2022, the Georgia Supreme Court issued a ruling that has the potential to significantly impact discovery in Georgia courts. In Gen. Motors, LLC v. Buchanan, No. S21G1147, 2022 WL 1750716 (Ga. June 1, 2022), the Court…more

Apex Doctrine, Burden of Proof, C-Suite Executives, Corporate Executives, Corporate Officers

See all updates »

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

In the past several months, there has been a sharp rise in reports of antisemitic, Islamophobic, and other hate-based incidents at K-12 schools. Reported threats against faith communities, particularly Jewish and Muslim…more

Anti-Discrimination Policies, Civil Rights Act, Dear Colleague Letter, Department of Education, Ethnicity

See all updates »

Can Miniature Horses Be in the Workplace?

Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for…more

Americans with Disabilities Act (ADA), Best Practices, Disability Discrimination, Employer Liability Issues, Employment Policies

See all updates »

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

See all updates »

Next Steps for Companies Ahead of December Deadline for SEC Cybersecurity Disclosures

In less than three months, public companies and certain foreign private companies will have to take additional steps after cybersecurity breaches: deciding whether an incident meets the materiality threshold that requires…more

Compliance, Compliance Dates, Corporate Governance, Customer Proprietary Network Information (CPNI), Cyber Incident Reporting

See all updates »

[Webinar] Navigating the EEOC: From Start to Finish - June 15th, 10:00 am - 11:00 am EDT

Employers recognize that creating a welcoming and diverse workplace enhances performance. But what happens when employees file discrimination or harassment charges? The Equal Employment Opportunity Commission (the “EEOC”) is the…more

Anti-Discrimination Policies, Anti-Harassment Policies, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

See all updates »

N.C. Governor Signs Law Limiting Liability for Health Care Workers

Last month we wrote a client alert about proposed legislation to limit the liability of North Carolina health care providers responding to the COVID-19 crisis. Earlier this week on May 4, Governor Roy Cooper signed Senate Bill…more

Coronavirus/COVID-19, Governor Cooper, Health Care Providers, Liability, New Legislation

See all updates »

Breaking Up Assets: The Importance of Beneficiary Designations in Estate Planning after Divorce

​​​​​​​Beneficiary designations are a critical component of the estate planning process that often is not given proper attention. Beneficiary designations exist as part of certain financial and other asset ownership instruments,…more

Beneficiaries, Beneficiary Designations, Divorce, Estate Planning

See all updates »

How President Biden's Executive Order on Artificial Intelligence May Set a New Compliance Bar Across Industries

The legal significance of President Joe Biden's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" is immense, marking a pivotal moment in the governance of AI technologies in…more

Artificial Intelligence, Biden Administration, Cybersecurity, Executive Orders, Innovative Technology

See all updates »

North Carolina Governor Rescinds Executive Order on NIL

Over the last three years, following the implementation of an interim policy from the NCAA in July 2021, college student-athletes have been able to pursue name, image, and likeness (NIL) deals. In addition to the NCAA rules,…more

Collective Bargaining, College Athletes, Colleges, Compensation, Employee Definition

See all updates »

District of Columbia Lays Groundwork for Office to Residential Building Conversions Through Tax Abatement Program

Earlier this month, the District of Columbia’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) issued proposed rules that lay the groundwork for a competitive process to provide gap financing of…more

Commercial Property Owners, Commercial Real Estate Market, Community Development, Competitive Bidding, Conversion

See all updates »

What Is at Stake in the Regulation of Artificial Intelligence?

Artificial intelligence (AI) has exploded onto the scene — both the technology and the scramble for laws and regulations to control it. We are often asked what's happening on the AI regulatory front. Here is what we know so…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Processors, EU

See all updates »

President Biden Issues Cybersecurity Order Impacting Federal Contractors

Beyond causing long lines and shortages at the gas pump, the cyberattack on the Colonial Pipeline this month may have important implications for federal contractors. As part of the federal government’s response, President Joe…more

Biden Administration, Cloud Computing, Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity

See all updates »

How a New Law in Mainland China Will Impact Foreign Investment

In less than six months, a new law will take effect in China that will have a major impact on foreign investment. The National Congress of the People’s Republic of China passed the Foreign Investment Law in March, three years…more

China, Corporate Counsel, Foreign Investment, Foreign-Owned Corporations, Free Trade Zone

See all updates »

Critical Deadline Approaches for Safe Harbor Application, Questions Remain

Last year, the North Carolina General Assembly delayed the repeal of the tax credit for investing in renewable energy property in N.C. Gen. Stat. § 105-129.16A. Under the delayed sunset, the credit is repealed for renewable…more

Energy Projects, Energy Sector, General Assembly, Renewable Energy, Safe Harbors

See all updates »

After Congress Kills CFPB Arbitration Rule, What’s Next?

Congress has passed – and the Trump administration has signaled that the president will sign – a bill to roll back the Consumer Financial Protection Bureau’s sweeping arbitration rule, which the White House has called…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Congressional Review Act, Consumer Financial Contracts

See all updates »

New DOJ Whistleblower Program Is Reminder for Companies to Bolster Culture Around Reporting

The U.S. Department of Justice (DOJ) recently announced plans to roll out a new whistleblower program later this year following a 90-day development plan aimed at uncovering criminal conduct related to corporate wrongdoing…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Pilot Programs

See all updates »

Maximizing Brand Value During a Merger or Acquisition

During a merger or an acquisition, businesses have a lot to focus on. Amid negotiations, regulatory compliance, and personnel issues, your brand, and how it is protected, can get overlooked…more

Acquisitions, Brand, Corporate Branding, Due Diligence, Intellectual Property Protection

See all updates »

U.S. Immigration Service Opens H-1B Registration, With Two Key Changes

The U.S. Citizenship and Immigration Services (USCIS) has started the initial registration period for the FY 2025 H-1B cap. The H-1B program allows employers to petition for highly educated foreign professionals to work in…more

Expedited Actions Process, Filing Fees, Foreign Workers, H-1B, Highly-Skilled Workers Visa

See all updates »

Digging Into the Details of New FCPA Guidance From the U.S. Justice Department

Over the last 10 years, 143 companies have paid a combined $10.9 billion to resolve Foreign Corrupt Practices Act cases. That staggering price tag shows the U.S. Department of Justice’s willingness to go after alleged bribery…more

Compliance, Corporate Counsel, Declination, Department of Justice (DOJ), Federal Pilot Programs

See all updates »

New DOJ Whistleblower Program Is Reminder for Companies to Bolster Culture Around Reporting

The U.S. Department of Justice (DOJ) recently announced plans to roll out a new whistleblower program later this year following a 90-day development plan aimed at uncovering criminal conduct related to corporate wrongdoing…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Pilot Programs

See all updates »

OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary…more

Appeals, Appellate Courts, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

See all updates »

Supreme Court Finds Lateral Transfer Discriminatory Under Title VII

In order to demonstrate discrimination under Title VII of the Civil Rights Act of 1964, plaintiffs must show that they suffered an adverse employment action. When this action involves a termination, salary reduction or other…more

Adverse Employment Action, Civil Rights Act, Employer Liability Issues, Employment Litigation, Muldrow v City of St Louis

See all updates »

Navigating the Intersection of Religion and Public Schools

Public school districts across the country face an October 1 deadline to certify they do not prevent constitutionally protected prayer — or else they could lose federal funding. The certification is an annual exercise, but…more

Certification Requirements, Department of Education, Employer Liability Issues, Federal Funding, Filing Deadlines

See all updates »

How Much Will President Biden's Buy American Order Change Content Requirements? To Be Determined

Manufacturers are likely to face a tighter definition of American-made products and a stricter process for securing waivers as a result of President Joe Biden’s executive order this week. But the exact details will come from the…more

Biden Administration, Buy America, Buy American Act, Corporate Counsel, Executive Orders

See all updates »

North Carolina Governor Rescinds Executive Order on NIL

Over the last three years, following the implementation of an interim policy from the NCAA in July 2021, college student-athletes have been able to pursue name, image, and likeness (NIL) deals. In addition to the NCAA rules,…more

Collective Bargaining, College Athletes, Colleges, Compensation, Employee Definition

See all updates »

The Practical Effects of LIBOR’s Phase Out

Trillions of dollars’ worth of financial documents use the London Interbank Offered Rate, or LIBOR, to set the interest rate of a transaction. The ICE Benchmark Administration currently maintains a reference for LIBOR by…more

Banking Sector, Financial Conduct Authority (FCA), Libor, Loan Agreements, Sterling Overnight Index Average (SONIA)

See all updates »

How the U.S. Supreme Court Ruled on Inter Partes Review and What It Means for Future Patent Challenges

The U.S. Supreme Court ruled Tuesday on two closely monitored cases impacting how patents could be challenged. In the more high-profile case, the court upheld the constitutionality of the inter partes review (IPR) process…more

Administrative Proceedings, America Invents Act, Article III, Chevron Deference, Constitutional Challenges

See all updates »

Federal Antitrust Agencies Open Door for More Business Cooperation Amid Coronavirus Pandemic

The federal antitrust enforcement agencies have committed to providing businesses expeditious guidance about how and whether their efforts to address the coronavirus pandemic comply with federal antitrust laws. On March 24, the…more

Antitrust Division, Antitrust Provisions, Collaboration, Coronavirus/COVID-19, Corporate Counsel

See all updates »

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the…more

Antitrust Division, Department of Justice (DOJ), Department of Labor (DOL), Employee Definition, Employer Liability Issues

See all updates »

Property Tax Incentives for Manufacturers: New Reimbursement Changes the Game

A modest change in the law in 2022 is now having a significant impact on how South Carolina counties negotiate property tax incentive packages for manufacturers. With one of the highest manufacturing property tax rates in the…more

Manufacturers, Property Owners, Property Tax, Property Valuation, Tax Assessment

See all updates »

North Carolina: A Great Place To Pursue Old Judgments From Other States

Got any old judgments you were hoping to collect? If so, you may want to take a hard look at pursuing collection in North Carolina. An August 3 ruling from the North Carolina Court of Appeals regarding out of state judgments…more

Judgment Creditors, Judgment Debtors, Jurisdiction, Money Judgment

See all updates »

South Carolina Passes Targeted Tax Reform Legislation

The South Carolina General Assembly passed tax reform legislation providing targeted relief to individuals and to manufacturers, including (i) a one-time rebate of up to $700 in 2021 taxes for individuals; (ii) cuts to the…more

Department of Revenue, Income Taxes, Manufacturers, New Legislation, Property Tax

See all updates »

S.C. Avoids Accounting Nightmare for 2018 Tax Returns and Expands Tax Credits for Economic Development

The South Carolina legislature finalized two bills this week that will impact economic development, the broader business community, and nearly every taxpayer in the state. The bill with the widest impact – H.5341 – was signed…more

Economic Development, Federal Taxes, New Regulations, State Taxes, Tax Code

See all updates »

Fifteen Percent Means Fifteen Percent: Fourth Circuit Sides with Lender on Interpretation of Important Fee-Shifting Statute in North Carolina

In a recent decision, the United States Court of Appeals for the Fourth Circuit upheld a lender’s statutory and contractual right to recover attorneys’ fees equal to 15% of the outstanding balance of a loan from a defaulting…more

Attorney's Fees, Banking Sector, Banks, Commercial Loans, Fee-Shifting

See all updates »

Families First Coronavirus Response Act: Implications for Public Employers and First Responders

On March 18, President Donald Trump signed into law the Families First Coronavirus Response Act (FFCRA), which among other things, requires certain employers to provide up to two weeks of emergency paid sick leave and up to 12…more

Coronavirus/COVID-19, Fair Labor Standards Act (FLSA), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), First Responders

See all updates »

To SPAC or Not to SPAC: How Is the SEC Answering That Question?

Last year saw a boom in the market for SPACs, or special purpose acquisition companies. Almost 250 SPACs raised more than $80 billion in initial public offerings (IPOs) during 2020. This trend did not let up as the calendar year…more

Acquisitions, Capital Raising, Conflicts of Interest, Corporate Governance, Disclosure Requirements

See all updates »

U.S. Supreme Court Sets New Standards for Public Officials' Use of Social Media

There are about 20 million state and local government employees across the United States. Many of them use social media for personal reasons or for official communications…more

First Amendment, Lindke v Freed, Public Officials, SCOTUS, Social Media

See all updates »

U.S. Immigration Service Opens H-1B Registration, With Two Key Changes

The U.S. Citizenship and Immigration Services (USCIS) has started the initial registration period for the FY 2025 H-1B cap. The H-1B program allows employers to petition for highly educated foreign professionals to work in…more

Expedited Actions Process, Filing Fees, Foreign Workers, H-1B, Highly-Skilled Workers Visa

See all updates »

What Businesses Need to Know About Government Investigations in 2019

The U.S. Justice Department (DOJ) is still in the early days of applying a significant change to how companies get credit for cooperating during government investigations. In a speech delivered on November 29, 2018, Deputy…more

Compliance, Cooperation, Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ)

See all updates »

New DOJ Whistleblower Program Is Reminder for Companies to Bolster Culture Around Reporting

The U.S. Department of Justice (DOJ) recently announced plans to roll out a new whistleblower program later this year following a 90-day development plan aimed at uncovering criminal conduct related to corporate wrongdoing…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Pilot Programs

See all updates »

How Real Estate Developers Can Benefit From a New Tax Rule

The Internal Revenue Service has now made it much easier for real estate developers across asset classes to benefit from the alternative cost method. It enables multi-unit developers to receive tax benefits for common…more

IRS, Real Estate Development, Real Estate Investments, Tax Deductions, U.S. Treasury

See all updates »

The Corporate Transparency Act Is Coming. Are You Ready?

Starting January 1, 2024, many companies operating in the U.S. will be required to gather and report ownership and control information to the Department of Treasury's Financial Crimes Enforcement Network (FinCEN)…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act

See all updates »

Delay of Title IX Regulations Raises Thorny Questions for Schools

Colleges, universities, and public K-12 schools have been waiting with bated breath for the U.S. Department of Education to finalize its new Title IX regulations, which dictate how sex discrimination and harassment are handled…more

Colleges, Department of Education, Educational Institutions, Public Schools, Sex Discrimination

See all updates »

Next Steps for Companies Ahead of December Deadline for SEC Cybersecurity Disclosures

In less than three months, public companies and certain foreign private companies will have to take additional steps after cybersecurity breaches: deciding whether an incident meets the materiality threshold that requires…more

Compliance, Compliance Dates, Corporate Governance, Customer Proprietary Network Information (CPNI), Cyber Incident Reporting

See all updates »

OIG Releases 2017 Work Plan

On November 10, 2016, the Office of Inspector General (“the OIG”) of the U.S. Department of Health and Human Services (“DHHS”) is charged with ensuring the integrity of more than 100 programs administered by DHHS, including…more

Centers for Medicare & Medicaid Services (CMS), Clinical Laboratories, Department of Health and Human Services (HHS), Home Health Care, Hospice

See all updates »

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to tips…more

Attorney Representation Agreements, Attorney-Client Privilege, Business Litigation, Car Accident, Employer Liability Issues

See all updates »

Highlights From South Carolina's New Roadmap to Economy Recovery From COVID-19

South Carolina leaders are looking to limit liability for businesses as they reopen, require employers to implement a variety of safety precautions, invest in better internet access across the state, and increase spending to…more

Advisory Board, Coronavirus/COVID-19, Governor McMaster, Re-Opening Guidelines

See all updates »

North Carolina's New Budget Conforms to Federal Tax Treatment of Paycheck Protection Program Expenses

Governor Roy Cooper signed the state budget on November 18 that the North Carolina General Assembly passed this week. There are a variety of important tax changes in the budget, including one that affects all North Carolina…more

CARES Act, Corporate Taxes, Governor Cooper, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

N.C. Governor Signs Law Limiting Liability for Health Care Workers

Last month we wrote a client alert about proposed legislation to limit the liability of North Carolina health care providers responding to the COVID-19 crisis. Earlier this week on May 4, Governor Roy Cooper signed Senate Bill…more

Coronavirus/COVID-19, Governor Cooper, Health Care Providers, Liability, New Legislation

See all updates »

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to tips…more

Attorney Representation Agreements, Attorney-Client Privilege, Business Litigation, Car Accident, Employer Liability Issues

See all updates »

White House Promises $30 Billion in Federal Grants Heading to Health Care Providers This Week

On April 7, Centers for Medicare and Medicaid Services Administrator Seema Verma announced during a White House briefing that the United States Department of Health and Human Services would be distributing $30 billion to health…more

CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Federal Funding

See all updates »

Cloud Computing Contracts Top Issues for Healthcare Providers

In this Issue: - Summary - Overview - Cloud - Use - Security - Privacy - Functions - Availability - Performance - Location - Services -…more

Big Data, Cloud Computing, Health Care Providers, Healthcare, NIST

See all updates »

The Increasing Importance of Cybersecurity Readiness in the Municipal Bond Market: How Public Institutions Can Respond

In today's evolving world of security and data privacy, K-12 schools, universities, local governments, and hospitals are increasingly finding themselves on the same list: vulnerable to the threat of a cyberattack…more

Compliance, Cybersecurity, Data Privacy, Data Security, Municipal Bonds

See all updates »

Six Trends Impacting Global Businesses in the Carolinas

​​​​​​​Global businesses are increasingly focused on environmental, social, and governance concerns. Working from home is impacting corporate relocations and economic development strategy more broadly…more

Cybersecurity, Data Privacy, Economic Development, Environmental Social & Governance (ESG), Foreign Direct Investment

See all updates »

Property Tax Incentives for Manufacturers: New Reimbursement Changes the Game

A modest change in the law in 2022 is now having a significant impact on how South Carolina counties negotiate property tax incentive packages for manufacturers. With one of the highest manufacturing property tax rates in the…more

Manufacturers, Property Owners, Property Tax, Property Valuation, Tax Assessment

See all updates »

Amendments to North Carolina Bond Referendum Process: New Statement of Disclosures and Other Requirements

As local governments head into budget preparation and planning season, we want to make sure you are aware of important changes the North Carolina legislature made to the general obligation bond referendum process. On July 8,…more

Amended Legislation, Bonds, Governor Cooper, Municipal Bonds, State and Local Government

See all updates »

Property Tax Incentives for Manufacturers: New Reimbursement Changes the Game

A modest change in the law in 2022 is now having a significant impact on how South Carolina counties negotiate property tax incentive packages for manufacturers. With one of the highest manufacturing property tax rates in the…more

Manufacturers, Property Owners, Property Tax, Property Valuation, Tax Assessment

See all updates »

N.C. Early Voting Update & Election Day Preview

The purpose of this alert is to analyze early voting trends for the 2018 election in North Carolina. The focus is solely on turnout and should not be utilized as a predictor of any specific races…more

Election Results, General Elections, State Elections

See all updates »

IRS Announces 2024 Dollar Limitations for Retirement Plans

The IRS has announced the 2024 annual dollar limitations for retirement plans based on the applicable cost-of-living adjustment guidelines, with increases in many of the limits. The annual limit for elective deferrals to 401(k)…more

401k, 403(b) Plans, 457(b) Plans, Contribution Limits, Cost-of-Living Adjustment (COLA)

See all updates »

EEOC Issues Final Regulations Implementing the Pregnant Workers Fairness Act

As we have previously covered in EmployNews, on June 27, 2023, the Pregnant Workers Fairness Act (PWFA) took effect, which requires most employers with 15 or more employees to offer reasonable workplace accommodations to workers…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

See all updates »

How Better Returns on Short-Term Investments Are Impacting Arbitrage Rebate

A number of our clients have recently inquired as to their responsibilities with respect to arbitrage rebate for their tax-exempt borrowings. The dramatic increase in the return on short-term investments is raising the prospect…more

Arbitrage, Internal Revenue Code (IRC), Rebates, Short-Term Investments, Short-Term Loans

See all updates »

Changes to CON Regulations in North Carolina Medicaid Expansion Bill

On March 23, 2023, the North Carolina General Assembly passed legislation that would expand Medicaid for an estimated 600,000 North Carolinians who currently lack health care coverage but do not actively qualify for Medicaid…more

Ambulatory Surgery Centers, Amended Legislation, Certificate of Need, Diagnostic Imaging Services, Drug Treatment

See all updates »

The Increasing Importance of Cybersecurity Readiness in the Municipal Bond Market: How Public Institutions Can Respond

In today's evolving world of security and data privacy, K-12 schools, universities, local governments, and hospitals are increasingly finding themselves on the same list: vulnerable to the threat of a cyberattack…more

Compliance, Cybersecurity, Data Privacy, Data Security, Municipal Bonds

See all updates »

Six Trends Impacting Global Businesses in the Carolinas

​​​​​​​Global businesses are increasingly focused on environmental, social, and governance concerns. Working from home is impacting corporate relocations and economic development strategy more broadly…more

Cybersecurity, Data Privacy, Economic Development, Environmental Social & Governance (ESG), Foreign Direct Investment

See all updates »

How School Districts Can Avoid Common Errors That Lead to Reversals in Student Discipline Appeals

Georgia school districts are on track this calendar year to see a sharp uptick in the number of student discipline decisions being reversed on appeal by the Georgia State Board of Education.  While each case is different,…more

Appeals, Board of Education, Code of Conduct, Discipline, Public Schools

See all updates »

North Carolina Legislature Faces Decisions on Medical Cannabis, Hemp, and CBD

The North Carolina General Assembly returns to Raleigh on May 18 for its annual short session. Members are expecting to tackle several important issues while they are in town. Among the pending topics is legislation to legalize…more

Cannabidiol (CBD) oil, Cannabis Products, Department of Revenue, General Assembly, Hemp

See all updates »

N.C. Governor Signs Law Limiting Liability for Health Care Workers

Last month we wrote a client alert about proposed legislation to limit the liability of North Carolina health care providers responding to the COVID-19 crisis. Earlier this week on May 4, Governor Roy Cooper signed Senate Bill…more

Coronavirus/COVID-19, Governor Cooper, Health Care Providers, Liability, New Legislation

See all updates »

To SPAC or Not to SPAC: How Is the SEC Answering That Question?

Last year saw a boom in the market for SPACs, or special purpose acquisition companies. Almost 250 SPACs raised more than $80 billion in initial public offerings (IPOs) during 2020. This trend did not let up as the calendar year…more

Acquisitions, Capital Raising, Conflicts of Interest, Corporate Governance, Disclosure Requirements

See all updates »

Keeping the Madness in Check: How to Keep Sports Gambling Under Control

It’s that time of year again. March Madness is around the corner and people are buzzing about brackets. Maybe you are even hosting a company-wide bracket contest. While these friendly contests can keep employees engaged and…more

Americans with Disabilities Act (ADA), Employment Policies, Gambling, Murphy v National Collegiate Athletic Association, Policies and Procedures

See all updates »

How Real Estate Developers Can Benefit From a New Tax Rule

The Internal Revenue Service has now made it much easier for real estate developers across asset classes to benefit from the alternative cost method. It enables multi-unit developers to receive tax benefits for common…more

IRS, Real Estate Development, Real Estate Investments, Tax Deductions, U.S. Treasury

See all updates »

Property Tax Incentives for Manufacturers: New Reimbursement Changes the Game

A modest change in the law in 2022 is now having a significant impact on how South Carolina counties negotiate property tax incentive packages for manufacturers. With one of the highest manufacturing property tax rates in the…more

Manufacturers, Property Owners, Property Tax, Property Valuation, Tax Assessment

See all updates »

U.S. Immigration Service Opens H-1B Registration, With Two Key Changes

The U.S. Citizenship and Immigration Services (USCIS) has started the initial registration period for the FY 2025 H-1B cap. The H-1B program allows employers to petition for highly educated foreign professionals to work in…more

Expedited Actions Process, Filing Fees, Foreign Workers, H-1B, Highly-Skilled Workers Visa

See all updates »

Congress Approves Federal Tax Relief for Individuals and Businesses in CARES Act

On March 27, Congress passed, and the president signed, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in response to the coronavirus pandemic and resulting economic turmoil. The $2 trillion stimulus package,…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

See all updates »

Amendments to North Carolina Bond Referendum Process: New Statement of Disclosures and Other Requirements

As local governments head into budget preparation and planning season, we want to make sure you are aware of important changes the North Carolina legislature made to the general obligation bond referendum process. On July 8,…more

Amended Legislation, Bonds, Governor Cooper, Municipal Bonds, State and Local Government

See all updates »

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting” provisions…more

Administrative Authority, Air Pollution, Carbon Emissions, Clean Air Act, Clean Power Plan

See all updates »

What Businesses Need to Know About the 2023 Mecklenburg County Tax Revaluation

Businesses that own real estate in Mecklenburg County should be on the lookout for an increase in their tax bills next year. Real estate is often a company’s most expensive asset, and annual property taxes can be a hefty sum…more

Commercial Property Owners, Property Owners, Property Tax, Property Valuation, Reassessments

See all updates »

Smith v. D.R. Horton, Inc.: The End of Arbitration for Residential Developers and Builders in South Carolina?

Mark Twain famously wrote that the reports of his death were exaggerated. Following the South Carolina Supreme Court’s decision in Smith v. D.R. Horton, Inc. last month, you may have heard arbitration is dead for South Carolina…more

Arbitration Agreements, Construction Defects, Construction Industry, Contract Drafting, Contract Terms

See all updates »

COVID-19: Considerations for Georgia Commercial Landlords

The coronavirus pandemic has become an encompassing aspect of everyday life, impacting everything from where we work to when we go shopping. We have heard from many commercial landlords about how to address issues that are…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Emergency Response

See all updates »

State Council Release Draft 2016 Certificate of Need Plan

There has been a lot of discussion about major changes to North Carolina’s Certificate of Need law. As these legislative discussions continue, the State Health Coordinating Council continues its work on next year’s State…more

Certificate of Need, Healthcare, Hospitals

See all updates »

N.C. Legislature Approves $125 Million to Help Small Businesses Through the Pandemic

Over the weekend, the North Carolina legislature passed a nearly $1.6 billion COVID-19 relief package that includes $125 million in funding for small businesses. An earlier version of the bill in the House budgeted $75 million…more

Coronavirus/COVID-19, Governor Cooper, Pending Legislation, Small Business, Small Business Loans

See all updates »

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

In the past several months, there has been a sharp rise in reports of antisemitic, Islamophobic, and other hate-based incidents at K-12 schools. Reported threats against faith communities, particularly Jewish and Muslim…more

Anti-Discrimination Policies, Civil Rights Act, Dear Colleague Letter, Department of Education, Ethnicity

See all updates »

Six Trends Impacting Global Businesses in the Carolinas

​​​​​​​Global businesses are increasingly focused on environmental, social, and governance concerns. Working from home is impacting corporate relocations and economic development strategy more broadly…more

Cybersecurity, Data Privacy, Economic Development, Environmental Social & Governance (ESG), Foreign Direct Investment

See all updates »

U.S. Supreme Court Sets New Standards for Public Officials' Use of Social Media

There are about 20 million state and local government employees across the United States. Many of them use social media for personal reasons or for official communications…more

First Amendment, Lindke v Freed, Public Officials, SCOTUS, Social Media

See all updates »

Georgia Supreme Court Rejects "Apex Doctrine"

On June 1, 2022, the Georgia Supreme Court issued a ruling that has the potential to significantly impact discovery in Georgia courts. In Gen. Motors, LLC v. Buchanan, No. S21G1147, 2022 WL 1750716 (Ga. June 1, 2022), the Court…more

Apex Doctrine, Burden of Proof, C-Suite Executives, Corporate Executives, Corporate Officers

See all updates »

N.C. Allows Employer Support Payments on Top of Unemployment Benefits

The coronavirus pandemic has proven catastrophic to the economy and many households across the globe. Ripple effects from the virus have caused significant worry and decreased employee morale as many employers have had to…more

Coronavirus/COVID-19, Employee Assistance Programs, Executive Orders, Furloughs, Governor Cooper

See all updates »

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to tips…more

Attorney Representation Agreements, Attorney-Client Privilege, Business Litigation, Car Accident, Employer Liability Issues

See all updates »

Noncompetes in the Crosshairs: Takeaways From Minnesota's New Law

The ban on Minnesota noncompetes went live July 1, 2023, and employers who require employees to sign illegal noncompetes can be liable for attorneys' fees necessary in getting a court to nullify the restriction and/or enjoin the…more

Compliance Dates, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

See all updates »

Excitement Builds Around Offshore Wind in North Carolina

On April 29, 2022, BOEM published a Call for Information and Nominations (Call) for six distinct areas in the Central Atlantic comprising almost 3.9 million acres, which are shown on the map below. BOEM will consider information…more

BOEM, Comment Period, Competitive Bidding, Energy Projects, Offshore Lease

See all updates »

Navigating the Intersection of Religion and Public Schools

Public school districts across the country face an October 1 deadline to certify they do not prevent constitutionally protected prayer — or else they could lose federal funding. The certification is an annual exercise, but…more

Certification Requirements, Department of Education, Employer Liability Issues, Federal Funding, Filing Deadlines

See all updates »

Dealing With Race in the Workplace: ‘How Would You Want Your Family Members Treated?'

“How would you want your family members treated?” That is a question we often raise when training clients on appropriate behavior in the workplace, and it is particularly relevant with the heightened awareness and emotion…more

Anti-Harassment Policies, Employer Liability Issues, Employment Discrimination, Employment Policies, Race Discrimination

See all updates »

New Governmental Accounting Standards Board (“GASB”) Rules Require Governments to Disclose Tax Abatement Agreements in Financial Statements

State and local governmental entities (“Governments”) nationwide will soon face new financial statement disclosure requirements regarding existing tax incentive agreements. While the GASB encourages Governments to begin…more

Disclosure Requirements, GASB, State and Local Government, Tax Abatement, Tax Incentives

See all updates »

Amendments to North Carolina Bond Referendum Process: New Statement of Disclosures and Other Requirements

As local governments head into budget preparation and planning season, we want to make sure you are aware of important changes the North Carolina legislature made to the general obligation bond referendum process. On July 8,…more

Amended Legislation, Bonds, Governor Cooper, Municipal Bonds, State and Local Government

See all updates »

North Carolina's New Budget Conforms to Federal Tax Treatment of Paycheck Protection Program Expenses

Governor Roy Cooper signed the state budget on November 18 that the North Carolina General Assembly passed this week. There are a variety of important tax changes in the budget, including one that affects all North Carolina…more

CARES Act, Corporate Taxes, Governor Cooper, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

U.S. Immigration Service Opens H-1B Registration, With Two Key Changes

The U.S. Citizenship and Immigration Services (USCIS) has started the initial registration period for the FY 2025 H-1B cap. The H-1B program allows employers to petition for highly educated foreign professionals to work in…more

Expedited Actions Process, Filing Fees, Foreign Workers, H-1B, Highly-Skilled Workers Visa

See all updates »

South Carolina Passes Targeted Tax Reform Legislation

The South Carolina General Assembly passed tax reform legislation providing targeted relief to individuals and to manufacturers, including (i) a one-time rebate of up to $700 in 2021 taxes for individuals; (ii) cuts to the…more

Department of Revenue, Income Taxes, Manufacturers, New Legislation, Property Tax

See all updates »

N.C. Governor Signs Law Limiting Liability for Health Care Workers

Last month we wrote a client alert about proposed legislation to limit the liability of North Carolina health care providers responding to the COVID-19 crisis. Earlier this week on May 4, Governor Roy Cooper signed Senate Bill…more

Coronavirus/COVID-19, Governor Cooper, Health Care Providers, Liability, New Legislation

See all updates »

Property Tax Incentives for Manufacturers: New Reimbursement Changes the Game

A modest change in the law in 2022 is now having a significant impact on how South Carolina counties negotiate property tax incentive packages for manufacturers. With one of the highest manufacturing property tax rates in the…more

Manufacturers, Property Owners, Property Tax, Property Valuation, Tax Assessment

See all updates »

What Real Estate Buyers and Sellers Need to Know About an Upcoming Environmental Standard

​​​​​​​After the real estate boom in the Southeast over the past few years, there are fewer and fewer examples of clean and pristine land available for commercial or industrial use. That means more properties at risk for…more

ASTM, CERCLA, Commercial Property Owners, Contaminated Properties, Environmental Remediation Costs

See all updates »

How School Districts Can Avoid Common Errors That Lead to Reversals in Student Discipline Appeals

Georgia school districts are on track this calendar year to see a sharp uptick in the number of student discipline decisions being reversed on appeal by the Georgia State Board of Education.  While each case is different,…more

Appeals, Board of Education, Code of Conduct, Discipline, Public Schools

See all updates »

The Financing Strategies Available for Georgia School Districts in Today's Challenging Economy

While bonds can be used to finance capital needs for Georgia school districts, other strategies are available that do not require a referendum. Tax anticipation notes, multi-year lease purchases, certificates of participation,…more

Education Budget, Public Schools, School Districts, State and Local Government, State Budgets

See all updates »

Excitement Builds Around Offshore Wind in North Carolina

On April 29, 2022, BOEM published a Call for Information and Nominations (Call) for six distinct areas in the Central Atlantic comprising almost 3.9 million acres, which are shown on the map below. BOEM will consider information…more

BOEM, Comment Period, Competitive Bidding, Energy Projects, Offshore Lease

See all updates »

The Corporate Transparency Act Is Coming. Are You Ready?

Starting January 1, 2024, many companies operating in the U.S. will be required to gather and report ownership and control information to the Department of Treasury's Financial Crimes Enforcement Network (FinCEN)…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act

See all updates »

COVID-19: Considerations for Georgia Commercial Landlords

The coronavirus pandemic has become an encompassing aspect of everyday life, impacting everything from where we work to when we go shopping. We have heard from many commercial landlords about how to address issues that are…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Emergency Response

See all updates »

U.S. Treasury Awards $3.5 Billion in New Markets Tax Credit Allocations to 76 CDEs

The U.S. Treasury Department through the CDFI Fund has awarded more than $3.5 billion in tax credit allocation to Community Development Entities. The awards are part of the New Markets Tax Credit program and will facilitate…more

CDFI Fund, Community Development, Economic Development, Low Income Housing, New Market Tax Credits

See all updates »

‘What Court Works Best for Us in Atlanta?’

Whether directly representing a party or acting as local counsel, one of the first questions we are often asked as litigators sitting in Atlanta is: “What court works best for us?” Needless to say there are a significant number…more

American Arbitration Association, Arbitration, Business Court, Business Disputes, Choice-of-Venue

See all updates »

Washington State Passes Broad Expansion of Health Data Privacy Laws

The Washington state My Health My Data Act (MHMDA) casts a wide net of business and data it intends to regulate. Passed on April 17, the law places restrictions on the collection, sharing, and selling of “consumer health data.”…more

Compliance, Consumer Privacy Rights, Data Collection, Data Privacy, Exemptions

See all updates »

NLRB Continues Assault on Noncompete Agreements

As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor…more

Confidential Information, Employer Liability Issues, Employment Contract, Enforcement Actions, Memorandum of Guidance

See all updates »

Increased Importance of Corporate Compliance Rises With New Department of Justice Safe Harbor Policy

Compliance assessments can be a valuable tool during the mergers and acquisitions process, but the Department of Justice (DOJ) is incentivizing due diligence reviews under a newly announced policy. Deputy Attorney General…more

Acquisitions, Compliance, Cooperation, Corporate Governance, Corporate Misconduct

See all updates »

[Ongoing Program] 2022 Midterm Elections: How Political Campaigns Impact Your Company - December 6th, 10:00 am - 11:00 am ET

Join Parker Poe lobbyist and attorney Bruce Thompson for a two-part series on November’s midterm elections. The October 18 session will provide insight on the crucial races that will determine which party controls Congress. On…more

Biden Administration, Election Results, Political Campaigns, Political Candidates, Political Parties

See all updates »

DOL Removes Certain Restrictions on ESG Considerations in ERISA Plan Investment Management

In November, the Department of Labor (DOL) issued a final rule (Final Rule) that will remove certain restrictions on environmental, social, and governance (ESG) considerations in plan investments. These restrictions were adopted…more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

DOL Removes Certain Restrictions on ESG Considerations in ERISA Plan Investment Management

In November, the Department of Labor (DOL) issued a final rule (Final Rule) that will remove certain restrictions on environmental, social, and governance (ESG) considerations in plan investments. These restrictions were adopted…more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Amendments to North Carolina Bond Referendum Process: New Statement of Disclosures and Other Requirements

As local governments head into budget preparation and planning season, we want to make sure you are aware of important changes the North Carolina legislature made to the general obligation bond referendum process. On July 8,…more

Amended Legislation, Bonds, Governor Cooper, Municipal Bonds, State and Local Government

See all updates »

District of Columbia Lays Groundwork for Office to Residential Building Conversions Through Tax Abatement Program

Earlier this month, the District of Columbia’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) issued proposed rules that lay the groundwork for a competitive process to provide gap financing of…more

Commercial Property Owners, Commercial Real Estate Market, Community Development, Competitive Bidding, Conversion

See all updates »

Look Out for Meaningful Use Audits by the Office of Inspector General

The Medicare and Medicaid Electronic Health Care Record (“EHR”) Incentive Program (commonly referred to as “Meaningful Use”) provides incentive payments to eligible physicians and hospitals for adopting, implementing, upgrading,…more

Audits, Centers for Medicare & Medicaid Services (CMS), EHR, Health Care Providers, Healthcare

See all updates »

The Corporate Transparency Act Is Coming. Are You Ready?

Starting January 1, 2024, many companies operating in the U.S. will be required to gather and report ownership and control information to the Department of Treasury's Financial Crimes Enforcement Network (FinCEN)…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act

See all updates »

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

In the past several months, there has been a sharp rise in reports of antisemitic, Islamophobic, and other hate-based incidents at K-12 schools. Reported threats against faith communities, particularly Jewish and Muslim…more

Anti-Discrimination Policies, Civil Rights Act, Dear Colleague Letter, Department of Education, Ethnicity

See all updates »

White House Promises $30 Billion in Federal Grants Heading to Health Care Providers This Week

On April 7, Centers for Medicare and Medicaid Services Administrator Seema Verma announced during a White House briefing that the United States Department of Health and Human Services would be distributing $30 billion to health…more

CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Federal Funding

See all updates »

Dealing With Race in the Workplace: ‘How Would You Want Your Family Members Treated?'

“How would you want your family members treated?” That is a question we often raise when training clients on appropriate behavior in the workplace, and it is particularly relevant with the heightened awareness and emotion…more

Anti-Harassment Policies, Employer Liability Issues, Employment Discrimination, Employment Policies, Race Discrimination

See all updates »

Key Takeaways From the 2020 Election: District of Columbia

​​​​​​​Businesses operating in the District of Columbia are unlikely to see major policy shifts as a result of last night’s local elections. But there is a chance that a new coalition could form on the D.C. Council that would…more

Election Results, Legislative Agendas, Local Elections

See all updates »

North Carolina Governor Rescinds Executive Order on NIL

Over the last three years, following the implementation of an interim policy from the NCAA in July 2021, college student-athletes have been able to pursue name, image, and likeness (NIL) deals. In addition to the NCAA rules,…more

Collective Bargaining, College Athletes, Colleges, Compensation, Employee Definition

See all updates »

How Real Estate Developers Can Benefit From a New Tax Rule

The Internal Revenue Service has now made it much easier for real estate developers across asset classes to benefit from the alternative cost method. It enables multi-unit developers to receive tax benefits for common…more

IRS, Real Estate Development, Real Estate Investments, Tax Deductions, U.S. Treasury

See all updates »

Property Tax Incentives for Manufacturers: New Reimbursement Changes the Game

A modest change in the law in 2022 is now having a significant impact on how South Carolina counties negotiate property tax incentive packages for manufacturers. With one of the highest manufacturing property tax rates in the…more

Manufacturers, Property Owners, Property Tax, Property Valuation, Tax Assessment

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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