Robinson & Cole LLP

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280 Trumbull Street
Hartford, CT 06103-3597, United States
Phone: (860) 275-8200
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Areas Of Practice
  • Business Organizations
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
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  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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  • New York
  • Pennsylvania
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Number of Attorneys
100+ Attorneys

Class Definition in Class Action Settlement Must Be Limited to Class Members That Have Standing According to Eleventh Circuit

Last week the Eleventh Circuit addressed an issue that many class action practitioners probably haven’t thought much about: whether approval of a class action settlement requires that each class member obtaining relief have…more

Article III, CAFA, Class Action, Class Certification, Class Members

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DBE Gross Receipts Cap Adjusted for Inflation

In December 2020, the United States Department of Transportation (DOT) amended the small business size limit under the Disadvantaged Business Enterprise (DBE) program (section 1101(b) of the Fixing America’s Surface…more

DBE Program, Department of Transportation (DOT), Federal Aviation Administration (FAA), Federal Contractors, Federal Transit Administration

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Connecticut Expands OHS Authority

As we have previously written on, Connecticut Governor Ned Lamont recently signed into law the state’s budget as Public Act 22-118 (Act), which makes various changes to the Connecticut statutes. Among the changes, the Act…more

Capital Expenditures, Connecticut, Health Insurance, Healthcare, Healthcare Costs

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Pre-Dispute Arbitration Agreements and Class Action Waivers Now Invalid and Unenforceable for Sexual Harassment and Sexual Assault Claims

On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is…more

#MeToo, Arbitration, Arbitration Agreements, Biden Administration, Class Action

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Welcome to the Fall 2014 Issue of Appellate News!

In This Issue: - Appeals Begin At The Trial Stage, Not After - Robinson+Cole Wins At The Second Circuit - The Dangers Of Mootness Hiding In Plain Sight - Excerpt from Appeals Begin At The Trial…more

Appeals, Mootness, Pro Se Litigants

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Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

See all updates »

Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for solar…more

Land Use Restrictions, MA Supreme Judicial Court, Municipalities, Power Infrastructure, Real Estate Development

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EPA Establishes New Health Advisories for PFAS

Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health…more

Contamination, Discharge of Pollutants, Environmental Policies, EPA, Hazardous Substances

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The Massachusetts Prompt Pay Statute: A Cautionary Tale for Those Who Don’t Read the Fine Print

In a recent decision likely to have a significant impact upon the way private construction projects in Massachusetts are managed, the Superior Court recently construed the Massachusetts Prompt Pay Statute in the way the Statute…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Delay Claims

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New IRS Pre-Examination Compliance Pilot for Retirement Plans

On June 3, 2022, the IRS announced that it is establishing a new pre-examination retirement plan compliance program beginning this month. This program will notify a plan sponsor by letter that their retirement plan was selected…more

Employee Benefits, IRS, Retirement Plan, Tax Audits, Tax Planning

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EBSA Issues Guidance On Disclosure of Phone Call Recordings

The Employee Benefits Security Administration issued Information Letter 06-14-2021 stating that 29 C.F.R. § 2560.503-1 requires plan fiduciaries to disclose, on request, recordings and/or transcripts of phone calls between the…more

Claim Procedures, Disclosure Requirements, EBSA, Employee Benefits, ERISA

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Sixth Circuit Rejects Arbitration Of Certain ERISA § 502(a)(2) Claims, Ruling That Employee Consent To Arbitration May Not Bind Plan In Putative Class Action

In Hawkins v. Cintas Corp., No. 21-3156, __ F.4th __, 2022 WL 1236954 (6th Cir. Apr. 27, 2022), the U.S. Court of Appeals for the Sixth Circuit ruled that an arbitration clause contained in certain individual employment…more

Arbitration, Arbitration Agreements, Breach of Duty, Duty of Loyalty, Duty of Prudence

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Massachusetts Enacts H. 4647 – Establishing Broad Eviction and Foreclosure Moratorium During COVID-19 State of Emergency

On April 20, 2020, Massachusetts enacted a statewide moratorium on a broad swath of evictions and foreclosures during the COVID-19 state of emergency. A copy of the new law, adopted through House Bill No. 4647. The moratorium…more

Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure, Moratorium

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Paid Sick and Family Leave Legislation in Response to Coronavirus

As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (the Act) was approved by Congress and signed into law by the President on March 18, 2020 in an attempt to respond…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Sick Leave, Sick Pay

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Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

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An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under the Bankruptcy Code’s New Subchapter V

The Small Business Reorganization Act of 2019 (SBRA) aims to simplify and shorten the Bankruptcy Code’s reorganization process for small-business debtors, making Chapter 11 more accessible. Effective as of February 2020,…more

Affiliates, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Publicly-Traded Companies

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Let The Buyer Beware—The Pitfalls of Buying Claims In Bankruptcy Cases

Bankruptcy court decisions from New York, Wilmington, and Chicago provide a costly reminder to bankruptcy claim purchasers that the principle of caveat emptor is alive and well. The sale of bankruptcy claims has become…more

Commercial Bankruptcy, Contract Terms, Due Diligence, Risk Management, Transfer of Claims

See all updates »

OSHA COVID-19 Emergency Temporary Standard for Healthcare Industry Takes Effect

On June 21, 2021, the Occupational Safety and Health Administration (OSHA) adopted its COVID19 Healthcare Emergency Temporary Standard (ETS). Employers providing health care services will be required to comply with new COVID-19…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Essential Workers, Health and Safety

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Fifth Circuit Decision Threatens to Upend SEC’s Use of Administrative Proceedings

In a landmark decision, the Fifth Circuit struck down the U.S. Securities and Exchange Commission’s (SEC) primary mechanism for enforcing the nation’s securities laws. In Jarkesy v. Securities and Exchange Commission, a divided…more

Adjudicatory Process, Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Constitutional Challenges

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Clinical ColLABorative - Legal Insights in Laboratory Compliance

What To Do When The Government Knocks On Your Lab’s Door - The volume of federal enforcement actions involving laboratories has increased dramatically over the last few years. Not a month seems to pass without a press release…more

Clinical Laboratories, Coronavirus/COVID-19, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

See all updates »

Deferring Capital Gains Taxes – Opportunity Zone Investments

On October 19, 2018, the IRS issued proposed regulations and other guidance on the eligibility and procedures for taxpayers to elect to defer capital gains by investing in economically distressed communities throughout the…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investment Opportunities

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The Protective Safeguards—Heat Maintained Endorsement Means What it Says: Eastern District of New York Grants Summary Judgment For Loss From Frozen Pipes

Typical first party property policies include provisions that address failure to maintain heat as excluded losses. The Eastern District of New York recently analyzed a specific endorsement requiring that heat be maintained at a…more

Ambiguous, Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation

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Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

See all updates »

U.S. Customs Agency Issues Guidance on Jones Act Compliance in Connection with Offshore Wind Projects

U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels…more

Customs and Border Protection, Electric Generation Suppliers, Energy Projects, Infrastructure, Jones Act

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Out With the Old, In With the New: An Overview of Construction/Surety Industry Trends in 2020 — What We Can Expect in 2021 and Beyond

As 2020 comes to a much anticipated close and we approach the one-year anniversary of the start of the global COVID-19 pandemic, it is worth reflecting on the impacts the health crisis has had on the construction marketplace and…more

Construction Contracts, Construction Project, Contract Negotiations, Contract Terms, Suretyships

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2021 Investment Adviser Update

Into The Flood Again, Same Old Trip It Was Back Then - The rules and regulations governing private equity and hedge fund advisers continue to develop in response to changes in technology. As a result, advisers are subject to…more

Digital Assets, FinTech, Hedge Funds, Investment Adviser, Libor

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IP+T: Intelligence Newsletter - Q4 2019

When Trade Secrets or Confidential Business Information Are Stolen, Can You Recover Pre-Judgment Interest in Massachusetts? If your company’s confidential business information or trade secrets are stolen, in Massachusetts you…more

Confidential Information, Intellectual Property Litigation, Intellectual Property Protection, Litigation Strategies, Misappropriation

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The Water Exclusion: New York’s Fourth Department Interprets The Definition of Surface Water

The “Water Damage” exclusion incorporated in many property insurance policies is the subject of much litigation, including the scope and applicability of the “surface water” exclusion to various water damage scenarios…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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The Ever-Changing Landscape of Non-Compete Agreements – Recent Developments

Recently, the federal government and various state governments have spoken out concerning new limits on non-compete agreements and other post-employment restrictions. Although the trend toward limiting non-compete agreements has…more

Biden Administration, Competition, Employee Mobility, Employer Liability Issues, Employment Contract

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The Walsh Act: Discovery from U.S. Citizens Living Abroad

Cross-border litigants are familiar with the Hague Evidence Convention, but often overlook another potent method to collect evidence in foreign countries. The Walsh Act, 28 U.S.C. § 1783, gives courts the discretion to subpoena…more

Citizens, Discovery, Evidence, International Litigation, Subpoenas

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The CROWN Act: What Connecticut Employers Need to Know

Connecticut House Bill 6515, otherwise known as the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which prohibits workplace discrimination as well as discrimination in public accommodations, housing, credit…more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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IP+T Intelligence Newsletter - Q2 2022

Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and cybersecurity…more

28 U.S.C. § 1782, Declaratory Judgments, Discovery, Foreign Jurisdictions, Intellectual Property Litigation

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Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

See all updates »

COVID-19: Governor Baker Issues Order Closing All “Non-Essential” Businesses Until April 7, 2020

In response to the COVID-19 pandemic, as of this writing, a growing number of states, including California, Illinois, Connecticut, New York, New Jersey, Ohio, Illinois, Pennsylvania and Wisconsin, as well as large cities, such…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans

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Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class actions…more

Class Action, Class Certification, Class Members, Evidence, FRCP 23(b)(3)

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Supreme Court Limits Section 1782 Discovery in International Arbitrations

This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and…more

28 U.S.C. § 1782, AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States, Arbitration, Business Disputes, Business Litigation

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Implementing Regulations for The No Surprises Act: Part I

On July 1, 2021, the Departments of Health and Human Services (HHS), Labor, and Treasury (together, “the Departments”), and the Office of Personnel Management, issued Requirements Related to Surprise Billing; Part I (Interim…more

Comment Period, Consolidated Appropriations Act (CAA), Health Care Providers, Health Insurance, Healthcare Reform

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CEQ Takes Action to Restore Pre-2020 NEPA Regulations

This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration…more

CEQ, Comment Period, Environmental Impact Statements, Environmental Policies, Infrastructure

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Texas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects Insured’s Claim for Covered “Resulting Loss”

When does an excluded loss end and a covered “resulting loss” begin? This thorny question was the subject of a recent decision out of the Southern District of Texas, EMS USA, Inc. v. The Travelers Lloyds Insurance Co., No…more

Builders Risk Insurance, Cross Motions, Denial of Insurance Coverage, Energy Sector, Faulty Workmanship

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Residence Premises Condition: New York Trial Court Grants Summary Judgment Based On a Finding of A “Feigned” Affidavit

A New York trial court recently granted an insurer’s motion for summary judgment pursuant to the “Residence Premises Condition” contained in a homeowner’s insurance policy. Aschmoneit v. Adirondack Insurance Exchange, 2018 N.Y…more

Homeowner's Insurance, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

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Think You Can Verify Salaries? Think Again: Massachusetts Passes Comprehensive Pay Equity Law, Bans Pay History Inquiries

On August 1, 2016, Massachusetts joined a growing state and federal trend by passing a comprehensive “pay equity” law. Indeed, the focus on equitable pay has been a major priority for the Obama Administration since 2009, when…more

Equal Pay, Fair Pay Act, New Legislation, Pay Equity Laws, Pay Secrecy

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Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers

Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022…more

Biden Administration, Employer Liability Issues, Fast-Food Industry, Food Service Workers, Labor Relations

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Federal Court Suggests Title IX Applies to Private Schools Receiving PPP Loans

Last month, a federal court in North Carolina held in Karanik et al. v. Cape Fear Academy, Inc., No. 7:21- CV-169D (E.D.N.C.June 17, 2022), that a private secondary school’s receipt of a Paycheck Protection Program (PPP) loan…more

CARES Act, Coronavirus/COVID-19, Federal Jurisdiction, Financial Assistance Policies, Gender-Based Violence

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Ninth Circuit Rejects RLUIPA Facial Challenge

Religious entities that wish to short-circuit the often lengthy zoning application process are tempted to bring a facial challenge under RLUIPA.  As the decision in Calvary Chapel Bible Fellowship v. County of Riverside, 948…more

Churches, Real Estate Development, Religious Discrimination, Religious Institutions, RLUIPA

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HHS Issues HIPAA Guidance to Support Audio-Only Telehealth Services

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently issued new guidance (Guidance) on the use of remote communication technologies to deliver audio-only telehealth in accordance with HIPAA…more

Coronavirus/COVID-19, Data Protection, Department of Health and Human Services (HHS), Health Care Providers, Healthcare

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EPA Audit Policy Update – Scrutiny of Voluntary Self-Disclosures Set to Increase

The EPA intends to increase its review of voluntary self-disclosures of violations submitted electronically under EPA’s Audit Policy. The EPA Office of Inspector General (OIG) recently issued a report detailing the results of an…more

Audit Policies, Cooperative Compliance Regime, Environmental Policies, EPA, EPCRA

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[Webinar] Distressed Company Investing in the COVID-19 Environment - May 12th, 1:00 pm ET

Investing in distressed entities or their debt or equity can represent attractive opportunities, but not without certain unique challenges, particularly in the post-COVID-19 era. Often these transactions occur out of court as…more

363 Sales, Commercial Bankruptcy, Coronavirus/COVID-19, Distressed Assets, Distressed Debt

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Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

See all updates »

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

See all updates »

Supreme Judicial Court: Short-Term Rentals Not Consistent with Single-Family Residential Zoning

In a ruling that could affect short-term rental owners and municipalities across Massachusetts, the Supreme Judicial Court (Court) held in Styller v. Zoning Board of Appeals of Lynnfield, (June 7, 2021) that short-term rentals…more

Bylaws, Homeowners, Hospitality Industry, Local Ordinance, Rental Property

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Let The Buyer Beware—The Pitfalls of Buying Claims In Bankruptcy Cases

Bankruptcy court decisions from New York, Wilmington, and Chicago provide a costly reminder to bankruptcy claim purchasers that the principle of caveat emptor is alive and well. The sale of bankruptcy claims has become…more

Commercial Bankruptcy, Contract Terms, Due Diligence, Risk Management, Transfer of Claims

See all updates »

Construction Law Zone - July 2020

Robinson+Cole’s Construction Group is pleased to bring you a recap of posts from our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on issues…more

Business Interruption, Construction Contracts, Construction Litigation, Construction Project, Coronavirus/COVID-19

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Privacy Tip #339 – Scammers Take Advantage of Disaster Victims

Seeing the victims in Kentucky following the devastating floods is heartbreaking. Even more distressing is seeing those who are trying to help by donating funds to the relief effort victimized as well…more

Fraud, FTC, Scams, Unfair or Deceptive Trade Practices, Vulnerable Victims

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More Than a New Year’s Resolution: Connecticut Organics Recycling Mandate Expands in 2022

Perhaps not as glamorous as the Times Square crystal ball, but something else drops at the start of the New Year: The threshold for mandated food waste separation and recycling by certain industrial and commercial facilities in…more

Environmental Policies, Recycling, Solid Waste, Waste Disposal, Waste Management

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Green Tax Incentive Compendium - January 2019

This volume presents certain federal and state ta incentives promoting the renewable energy and energy efficiency industries. Each section outlines the basi features and regulatory requirements for a tax program which provides…more

Alternative Fuels, Bonds, Charging Stations, Electric Vehicles, Energy Efficiency

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Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for solar…more

Land Use Restrictions, MA Supreme Judicial Court, Municipalities, Power Infrastructure, Real Estate Development

See all updates »

Clinical ColLABorative - Legal Insights in Laboratory Compliance

What To Do When The Government Knocks On Your Lab’s Door - The volume of federal enforcement actions involving laboratories has increased dramatically over the last few years. Not a month seems to pass without a press release…more

Clinical Laboratories, Coronavirus/COVID-19, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

See all updates »

Data Privacy + Cybersecurity Insider - December 2019 #3

It is being reported that LifeLabs, a Canadian lab company that is the largest provider of laboratory diagnostics and lab testing services in Canada, recently paid an undisclosed ransom to hackers who compromised its computer…more

Biometric Information, Clinical Laboratories, Connected Cars, Connected Items, Criminal Conspiracy

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Clinical ColLABorative - Legal Insights in Laboratory Compliance

What To Do When The Government Knocks On Your Lab’s Door - The volume of federal enforcement actions involving laboratories has increased dramatically over the last few years. Not a month seems to pass without a press release…more

Clinical Laboratories, Coronavirus/COVID-19, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

See all updates »

Freezing Exclusion: Third Circuit Affirms District Court’s Grant Of Summary Judgment To Insurer

Many typical homeowner’s insurance policies contain an exclusion for damages as a result of freezing unless the homeowner uses “reasonable care” to maintain heat in the home…more

Breach of Contract, Denial of Insurance Coverage, Homeowner's Insurance, Insurance Industry, Insurance Litigation

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Congress Extends IRA Qualified Charitable Distribution Rule: Action During 2014 Is Required for Taxpayers Interested in Taking Advantage of This Special Rule

Individuals who act quickly can receive a tax break for distributions in 2014 from an Individual Retirement Account (IRA) to a qualified charity. For the past four years, a distribution of up to $100,000 from an IRA paid…more

Charitable Donations, Income Taxes, IRA, Tax Extenders

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FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets

Effective October 25, 2021, the Federal Trade Commission (FTC) has adopted a new policy providing increased scrutiny of merger and acquisition activity for potential anti-competitive effects. The new policy applies to consent…more

Acquisition Agreements, Anticompetitive Behavior, Antitrust Provisions, Competition, FTC

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Poison Pills, NOL Poison Pills and the COVID-19 Pandemic

The novel coronavirus (COVID-19) pandemic has caused significant volatility in stock prices, resulting in severe disparities between stock prices and many corporations’ view of the intrinsic value of their business. This has, in…more

CARES Act, Delaware General Corporation Law, Fiduciary Duty, Hostile Takeover, Net Operating Losses

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New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense Costs

The Second Department, Appellate Division, for the Supreme Court of New York, recently held in a matter of first impression, that an insurance company with a duty to defend may not recover defense costs after a determination…more

Bodily Injury, Defense Costs, Denial of Insurance Coverage, Duty to Defend, First Impression

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Number of New Public Works Construction Projects to Rise as Infrastructure Investment and Jobs Act Signed into Law

On November 15, 2021, President Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA)which reauthorizes surface transportation funds and allocates $550 billion for new federal spending over the…more

Biden Administration, Broadband, Climate Action Plan, Construction Project, Drinking Water

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Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA Claims Subject to Mandatory Arbitration.

The Ninth Circuit recently issued two decisions in Dorman v. Charles Schwab Corp.: the first overrules the decision in Amaro v. Continental Can. Co., 724 F.2d 747 (9th Cir. 1984) (Dorman, – F.3d –, No. 18-15281, 2019 WL 3926990…more

401k, Arbitration, Arbitration Agreements, Breach of Duty, Charles Schwab

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The Ever-Changing Landscape of Non-Compete Agreements – Recent Developments

Recently, the federal government and various state governments have spoken out concerning new limits on non-compete agreements and other post-employment restrictions. Although the trend toward limiting non-compete agreements has…more

Biden Administration, Competition, Employee Mobility, Employer Liability Issues, Employment Contract

See all updates »

U.S. Customs Agency Issues Guidance on Jones Act Compliance in Connection with Offshore Wind Projects

U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels…more

Customs and Border Protection, Electric Generation Suppliers, Energy Projects, Infrastructure, Jones Act

See all updates »

An Update on Poison Pills, NOL Poison Pills and the COVID-19 Pandemic

Since the release of our recent article “Poison Pills, NOL Poison Pills and the COVID-19 Pandemic” in midApril, we continue to see a surge in the number of companies implementing poison pills (also referred to as shareholder…more

Coronavirus/COVID-19, Hostile Takeover, Poison Pill, Publicly-Traded Companies, Shareholder Rights

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Computer Fraud Policy: Eleventh Circuit Affirms District Court’s Finding Of No Coverage For $11M Fraud Claim

In Interactive Communities Int’l v. Great Am. Ins. Co., 2018 U.S. App. LEXIS 12410 (11th Cir. May 10, 2018), the insured sold “chits,” which have a specific monetary value and can be redeemed by loading their monetary value to a…more

Denial of Insurance Coverage, Digital Currency, Fraud, Fraudulent Transfers, Insurance Claims

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Deferring Capital Gains Taxes – Opportunity Zone Investments

On October 19, 2018, the IRS issued proposed regulations and other guidance on the eligibility and procedures for taxpayers to elect to defer capital gains by investing in economically distressed communities throughout the…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investment Opportunities

See all updates »

Employer-Mandated Disclosure of Wage Ranges and Expansion of Equal Pay Law Enacted in Connecticut

Beginning October 1, 2021, Connecticut employers, meaning those that employ at least one employee in the state, will be required to disclose wage ranges for vacant positions pursuant to an amendment of existing laws concerning…more

Amended Legislation, Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination

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U.S. House Passes Bill to Revise Corps and EPA Definition of “Waters of the United States”

On May 12, 2015, the U.S. House of Representatives passed H.R. 1732, which requires the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to withdraw the proposed rule published in the Federal…more

Clean Water Act, EPA, Legislative Agendas, Proposed Regulation, US Army Corps of Engineers

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October 1, 2017: Connecticut Employers Subject to New Law Protecting Pregnant Employees

Connecticut has joined a growing trend of states and municipalities expanding the protections afforded to pregnant employees and applicants. Connecticut’s new law, effective October 1, 2017, entitled An Act Concerning Pregnant…more

Employee Rights, Employer Liability Issues, New Legislation, Pregnancy, Pregnancy Discrimination

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SEC Adopts Amendments to “Accredited Investor” Definition

On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) adopted final rules to amend the definition of “accredited investor” in Rule 501(a) under the Securities Act of 1933 (Securities Act) to add new categories of…more

Accredited Investors, Qualified Institutional Buyers, Rule 501(a), SEC, Securities Act of 1933

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New York State and City Adopt New Tools to Combat Gender-Based Harassment

Continuing its aggressive measures to combat workplace sexual harassment, on August 23, the New York State Department of Labor issued for public comment a draft sexual harassment training program, a checklist of minimum…more

#MeToo, Anti-Harassment Policies, Complaint Procedures, Corporate Culture, Employee Training

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Data Privacy + Cybersecurity Insider - January 2020 #2

Department of Homeland Security Warns of Cyber-Attacks by Iran - The Department of Homeland Security (DHS) issued a grave warning to U.S. businesses and critical infrastructure operators on January 6, 2020, alerting the…more

Assassinations, Critical Infrastructure Sectors, Cyber Attacks, Cyber Crimes, Cyber Threats

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Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for solar…more

Land Use Restrictions, MA Supreme Judicial Court, Municipalities, Power Infrastructure, Real Estate Development

See all updates »

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

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Work from Anywhere? Telecommuting and Tax Obligations for Employers: Practical Considerations and Tips for Human Resources and Management

As a result of the COVID-19 pandemic, there has been a sudden, widespread shift towards remote work arrangements. This shift has provided many benefits, including an increase in the employee talent pool and the ability to…more

Business Taxes, Coronavirus/COVID-19, Income Taxes, IRS, Remote Working

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Clinical ColLABorative - Legal Insights in Laboratory Compliance

What To Do When The Government Knocks On Your Lab’s Door - The volume of federal enforcement actions involving laboratories has increased dramatically over the last few years. Not a month seems to pass without a press release…more

Clinical Laboratories, Coronavirus/COVID-19, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

See all updates »

Connecticut Expands OHS Authority

As we have previously written on, Connecticut Governor Ned Lamont recently signed into law the state’s budget as Public Act 22-118 (Act), which makes various changes to the Connecticut statutes. Among the changes, the Act…more

Capital Expenditures, Connecticut, Health Insurance, Healthcare, Healthcare Costs

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Massachusetts Appeals Court Strictly Construes Prompt Payment Act

On June 7, 2022, the Massachusetts Appeals Court issued an opinion of first impression regarding the Massachusetts Prompt Payment Act, G.L. c. 149 § 29E (the “Act”).  In Tocci Building Corp. v. IRIV Partners, LLC, Appeals Ct…more

Appeals, Breach of Contract, Construction Contracts, Construction Disputes, Construction Litigation

See all updates »

PPP Update: Loan Necessity Questionnaires

The U.S. Small Business Administration (SBA) will require Paycheck Protection Program (PPP) lenders to issue “loan necessity” questionnaires to all borrowers of PPP loans of $2 million of more. On October 26, 2020, the SBA…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Relief Measures

See all updates »

PPP Update: New Round with Some New Rules

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law as part of the Consolidated Appropriations Act, 2021 (the Act). The Act reopens the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Federal Loans, Loan Forgiveness

See all updates »

New CT Zoning Laws Look to Increase Housing Diversity and Affordability

Zoning laws are changing in Connecticut. The goal? To make housing more affordable and accessible for everyone. - Nearly a century ago, the Connecticut Legislature adopted the “Standard Zoning Enabling Act” (now Chapter 124…more

Affordable Housing, Construction Project, Housing Market, Mandated Diversity Requirements, Multi-Family Development

See all updates »

Ninth Circuit Rejects Arguments Challenging the Enforceability of an ERISA Plan Anti-Assignment Provision

In Eden Surgical Ctr. v. Cognizant Tech. Sols. Corp., No. 16-56422, 2018 U.S. App. LEXIS 10597 (9th Cir., Apr. 26, 2018), the U.S. Court of Appeals for the Ninth Circuit upheld the District Court’s Order dismissing the Complaint…more

Anti-Assignment Clauses, Appeals, Assignment of Benefits (AOB), Dismissals, Employee Benefits

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Congress Extends IRA Qualified Charitable Distribution Rule: Action During 2014 Is Required for Taxpayers Interested in Taking Advantage of This Special Rule

Individuals who act quickly can receive a tax break for distributions in 2014 from an Individual Retirement Account (IRA) to a qualified charity. For the past four years, a distribution of up to $100,000 from an IRA paid…more

Charitable Donations, Income Taxes, IRA, Tax Extenders

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New IRS Pre-Examination Compliance Pilot for Retirement Plans

On June 3, 2022, the IRS announced that it is establishing a new pre-examination retirement plan compliance program beginning this month. This program will notify a plan sponsor by letter that their retirement plan was selected…more

Employee Benefits, IRS, Retirement Plan, Tax Audits, Tax Planning

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SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from…more

Certification Requirements, Clean Water Act, Delays, Energy Projects, Environmental Policies

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New Statutory Framework Confronts Florida’s AOB Crisis

A new law represents a major step forward to remedy Florida’s assignment of benefits (“AOB”) crisis, which Florida Governor Ron DeSantis has described as a “racket” in recent years…more

Assignment of Benefits (AOB), Florida, Insurance Claims, New Legislation, Policy Terms

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Data Privacy + Cybersecurity Insider - July 2020 #3

CYBERSECURITY - Chinese and Russian Hackers Targeting COVID-19 Vaccine Makers in U.S. Crosshairs - Last week, authorities from the United States, the United Kingdom and Canada accused a well-known hacker group tied to the…more

China, Coronavirus/COVID-19, Cyber Attacks, Data Breach, Data-Sharing

See all updates »

Massachusetts Moves to Reduce Greenhouse Gases

On August 11, 2017, the Massachusetts Department of Environmental Protection (MassDEP) adopted a landmark bundle of regulations for reducing greenhouse gases (GHG). The regulations primarily target carbon dioxide (CO2) emissions…more

Clean Energy, Department of Environmental Protection, Electric Generation Suppliers, Electricity, Greenhouse Gas Emissions

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Annual Diversity Visa Lottery Now Available!

The Diversity Immigrant Visa Lottery provides 50,000 immigrant visas each fiscal year to natives of countries with low immigration to the U.S. over the preceding five years. Anyone selected in this random lottery is given the…more

Diversity Lottery, Foreign Nationals, Green Cards, Immigrants, Immigration Procedures

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Late Notice in Florida: Appellate Court Affirms Finding of No Coverage Where Insurer Prejudiced In Determination of Extent of Damage

Notice provisions in property insurance policies typically require the insured to promptly provide notice of a loss to the insurer. Despite the plain language requiring prompt notice, some jurisdictions require that an insured’s…more

Denial of Insurance Coverage, Insurance Claims, Insurance Litigation, Late Notices, Notice Provisions

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IP+T: Intelligence Newsletter - Q4 2020

Ready for 2021? Make Your (IP) List and Check It Twice - The events of 2020 have posed unique challenges to businesses in the U.S. and globally, testing their ability to adapt to new market conditions, re-evaluate resource…more

Counterfeit Goods Regulation, Customs and Border Protection, Fees, Innovative Technology, Intellectual Property Protection

See all updates »

ERISA § 502(c)(1) Claim for Statutory Penalties is Barred by One-Year Statute of Limitations, Second Circuit Holds

Deciding an issue of first impression, the U.S. Court of Appeals for the Second Circuit recently held that a plaintiff’s claim under ERISA § 502(c)(1) was barred by Connecticut’s one-year statute of limitations for an action…more

Civil Monetary Penalty, ERISA, Section 502, Statute of Limitations

See all updates »

PPP Update: New Round with Some New Rules

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law as part of the Consolidated Appropriations Act, 2021 (the Act). The Act reopens the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Federal Loans, Loan Forgiveness

See all updates »

Florida’s 3rd DCA Continues to Reverse Trial Court Statute of Limitations Rulings

In Linares v. Universal Property and Cas. Ins. Co., 2014 Fla. App. LEXIS 10168, (Fla. 3rd DCA, July 2, 2014), the Court reversed the trial court’s summary judgment ruling in favor of the insurer (“Universal”), which determined…more

Breach of Contract, Homeowner's Insurance, Hurricane Wilma, Statute of Limitations

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Consider the H-1B Visa to Build Your Construction Industry Workforce

Foreign nationals account for 61% of the full-time graduate students in civil engineering programs in the United States, according to the National Foundation for American Policy NFAP Policy Brief, August 2021, International…more

Construction Workers, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

See all updates »

Lawsuit Seeks to Designate PVC Plastic as Hazardous Waste

Recently, the Center for Biological Diversity filed a lawsuit against the United States Environmental Protection Agency (EPA), claiming that polyvinyl chloride – more commonly known as PVC or vinyl – should be regulated as a…more

Environmental Policies, EPA, Hazardous Waste, Manufacturers, Plastics

See all updates »

IP+T Intelligence Newsletter - Q4 2021

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark Modernization…more

Brand, Copyright, Corporate Branding, Fair Use, Intellectual Property Protection

See all updates »

Manufacturing Alert: New Court Decision Underscores Importance of Forum Selection Clauses in Contracts

When a domestic company starts a relationship with an international partner, choosing the jurisdiction in which any dispute must be litigated in the event of a contract breach may not be top of mind…more

Breach of Contract, Business Disputes, Contract Terms, CT Supreme Court, Foreign Corporations

See all updates »

Construction Group Projects

Robinson+Cole’s construction lawyers worked on many significant and unique projects across the country worth billions of dollars in construction value in recent months. Our clients are owners, designers, and contractors, and we…more

Commercial Property Owners, Commercial Real Estate Market, Construction Contracts, Construction Industry, Construction Project

See all updates »

Federal Court Suggests Title IX Applies to Private Schools Receiving PPP Loans

Last month, a federal court in North Carolina held in Karanik et al. v. Cape Fear Academy, Inc., No. 7:21- CV-169D (E.D.N.C.June 17, 2022), that a private secondary school’s receipt of a Paycheck Protection Program (PPP) loan…more

CARES Act, Coronavirus/COVID-19, Federal Jurisdiction, Financial Assistance Policies, Gender-Based Violence

See all updates »

Amendments to Continuing Disclosure Obligations Under Rule 15c2-12

The Securities and Exchange Commission (SEC) has amended Rule 15c2-12 to add two new events which must be included in continuing disclosure agreements (CDAs) for municipal securities issued on or after February 27,…more

Disclosure Requirements, Municipal Securities Issuers, Municipal Securities Market, Proposed Amendments, Rule 15c2-12

See all updates »

Amendments to Continuing Disclosure Obligations Under Rule 15c2-12

The Securities and Exchange Commission (SEC) has amended Rule 15c2-12 to add two new events which must be included in continuing disclosure agreements (CDAs) for municipal securities issued on or after February 27,…more

Disclosure Requirements, Municipal Securities Issuers, Municipal Securities Market, Proposed Amendments, Rule 15c2-12

See all updates »

PPP Update: New Round with Some New Rules

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law as part of the Consolidated Appropriations Act, 2021 (the Act). The Act reopens the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Federal Loans, Loan Forgiveness

See all updates »

Bare Amish Horses? It Depends.

Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers. The ordinance, passed in 2014, is intended to keep town streets clear of…more

First Amendment, Freedom of Religion, Local Ordinance, Religious Discrimination, Religious Freedom Restoration Act (RFRA)

See all updates »

Environmental Enforcement Actions Could be Curtailed by New DOJ Policy

In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing…more

Department of Justice (DOJ), Deregulation, Enforcement Actions, Environmental Policies, Environmental Violations

See all updates »

Data Privacy + Cybersecurity Insider - July 2021 #4

CYBERSECURITY - Second Security Directive Issued by TSA to Pipeline Operators - The U.S. Transportation Security Administration (TSA) issued its second Security Directive to the pipeline industry on July 20, 2021,…more

Customs and Border Protection, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

See all updates »

Remote ID Ruling For FAA in RaceDayQuads Suit

RaceDayQuads, a racing drone retailer based in Orlando, Florida, and Tyler Brennan, a drone operator (collectively, Petitioners), filed a Petition for Review of the Federal Aviation Administration’s (FAA) Remote Identification…more

Airspace, Drones, Electronic Identification, Federal Aviation Administration (FAA), Fourth Amendment

See all updates »

Decision Provides a Cautionary Tale About Contracting for Environmental Services

An important lesson on contracting with environmental consultants recently came out of a federal district court in California in Golden Gate Way, LLC v. Enercon Services, Inc., 20-cv-03077-EMC (N.D. Cal. Nov. 18, 2021)…more

Additional Insured, Commercial Insurance Policies, Commercial Property Owners, Contaminated Properties, Denial of Insurance Coverage

See all updates »

Data Privacy + Cybersecurity Insider - January 2020 #2

Department of Homeland Security Warns of Cyber-Attacks by Iran - The Department of Homeland Security (DHS) issued a grave warning to U.S. businesses and critical infrastructure operators on January 6, 2020, alerting the…more

Assassinations, Critical Infrastructure Sectors, Cyber Attacks, Cyber Crimes, Cyber Threats

See all updates »

Amendments to Continuing Disclosure Obligations Under Rule 15c2-12

The Securities and Exchange Commission (SEC) has amended Rule 15c2-12 to add two new events which must be included in continuing disclosure agreements (CDAs) for municipal securities issued on or after February 27,…more

Disclosure Requirements, Municipal Securities Issuers, Municipal Securities Market, Proposed Amendments, Rule 15c2-12

See all updates »

EPA Audit Policy Update – Scrutiny of Voluntary Self-Disclosures Set to Increase

The EPA intends to increase its review of voluntary self-disclosures of violations submitted electronically under EPA’s Audit Policy. The EPA Office of Inspector General (OIG) recently issued a report detailing the results of an…more

Audit Policies, Cooperative Compliance Regime, Environmental Policies, EPA, EPCRA

See all updates »

Trending - Designing Around a Patent as an Alternative to a License

In some instances in which a company finds itself in the cross-hairs of a patent infringement cease-and-desist letter or lawsuit, a license may not be a viable option. That is often the case when the patent holder is a…more

Cease and Desist Orders, Doctrine of Equivalents, Intellectual Property Protection, IP License, Patent Examinations

See all updates »

Changes to PCB Remediation Expected Under Proposed Rule

On October 22, 2021, EPA published a proposed rule that would, if adopted, provide a significantly enhanced additional pathway for remediation of sites impacted by polychlorinated biphenyls or PCBs…more

Chemicals, Comment Period, Contaminated Properties, Environmental Policies, EPA

See all updates »

Supreme Court Limits Section 1782 Discovery in International Arbitrations

This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and…more

28 U.S.C. § 1782, AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States, Arbitration, Business Disputes, Business Litigation

See all updates »

IP+T Intelligence Newsletter - Q4 2021

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark Modernization…more

Brand, Copyright, Corporate Branding, Fair Use, Intellectual Property Protection

See all updates »

New CT Zoning Laws Look to Increase Housing Diversity and Affordability

Zoning laws are changing in Connecticut. The goal? To make housing more affordable and accessible for everyone. - Nearly a century ago, the Connecticut Legislature adopted the “Standard Zoning Enabling Act” (now Chapter 124…more

Affordable Housing, Construction Project, Housing Market, Mandated Diversity Requirements, Multi-Family Development

See all updates »

Manufacturers Fighting Disruptive Immigration Reform

The National Association of Manufacturers (NAM), along with several prominent business organizations, filed a lawsuit in federal court to stop the Department of Homeland Security’s (DHS) regulations governing the H-1B…more

Department of Homeland Security (DHS), Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

See all updates »

PPP Update: New Round with Some New Rules

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law as part of the Consolidated Appropriations Act, 2021 (the Act). The Act reopens the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Federal Loans, Loan Forgiveness

See all updates »

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

See all updates »

Oral Argument Preview: G4S Technology LLC v. Mass. Technology Park Corp.

The Supreme Judicial Court (SJC) is slated to hear oral argument in G4S Technology LLC v. Mass. Technology Park Corp. on Monday, March 5, 2017 – a case with significant implications for construction litigation…more

Amicus Briefs, Appeals, Breach of Contract, Construction Industry, Construction Litigation

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An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under the Bankruptcy Code’s New Subchapter V

The Small Business Reorganization Act of 2019 (SBRA) aims to simplify and shorten the Bankruptcy Code’s reorganization process for small-business debtors, making Chapter 11 more accessible. Effective as of February 2020,…more

Affiliates, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Publicly-Traded Companies

See all updates »

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), FMLA

See all updates »

Expanded Significant Environmental Hazard Requirements for Connecticut Site Owners: Changes, Pitfalls, and Impacts

As of July 1, 2015, significant changes took effect for the Significant Environmental Hazards (SEH) program established by Conn. General Statutes §22a-6u. This program requires reporting to the Connecticut Department of Energy…more

Compliance, Contamination, Drinking Water, Groundwater, Reporting Requirements

See all updates »

MA SMART Program: New Guidelines for Agricultural Solar Tariff Generation Units

On May 15, 2022, the latest revision of the Massachusetts Department of Energy Resources (DOER)  Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units (Guideline) for the Solar Massachusetts Renewable…more

Agribusiness, Agricultural Land, Energy Projects, Energy Reform, Solar Energy

See all updates »

Multi-Family Zoning Requirement for MBTA Communities

On December 15, 2021, the Massachusetts Department of Housing and Community Development (DHCD) released draft guidelines for the Commonwealth’s recently-adopted Multi-Family Zoning Requirement for MBTA Communities. A public…more

Construction Project, Draft Guidance, Housing Market, Multi-Family Development, Municipalities

See all updates »

HHS Publishes Significant Updates to Anti-Kickback Statute Safe-Harbors and Beneficiary Inducement CMP Regulations

HHS Publishes Significant Updates to Anti-Kickback Statute Safe-Harbors and Beneficiary Inducement CMP Regulations - On November 30 and December 2, 2020, the Department of Health and Human Services Office of Inspector General…more

Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Fraud

See all updates »

Connecticut Implements Mandatory Retirement Plans for Workers

In response to what many financial experts consider a retirement savings crisis, the State of Connecticut enacted legislation in 2016 creating the Connecticut Retirement Security Authority (CRSA). The CRSA was tasked with…more

Connecticut, Employee Benefits, Labor Reform, New Legislation, Private Sector

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Data Privacy + Cybersecurity Insider - September 2018

We reported last week that a spyware maker recently compromised users’ and victims’ sensitive information. Since that time, another spyware maker, mSpy, which holds itself out as having over a million users employing its product…more

Banking Sector, Class Action, Class Certification, Consumer Privacy Rights, Criminal Convictions

See all updates »

Suspect Characteristics Identified under a Telehealth Special Fraud Alert

HHS-OIG issued a new Special Fraud Alert on relationships with “purported telemedicine companies” on July 20, 2022. The Special Fraud Alert comes on the heels of a nationally coordinated takedown charging dozens of individuals…more

Clinical Laboratories, Department of Health and Human Services (HHS), Durable Medical Equipment, False Billing, False Claims Act (FCA)

See all updates »

HHS Publishes Significant Updates to Anti-Kickback Statute Safe-Harbors and Beneficiary Inducement CMP Regulations

HHS Publishes Significant Updates to Anti-Kickback Statute Safe-Harbors and Beneficiary Inducement CMP Regulations - On November 30 and December 2, 2020, the Department of Health and Human Services Office of Inspector General…more

Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Fraud

See all updates »

HHS Publishes Significant Updates to Anti-Kickback Statute Safe-Harbors and Beneficiary Inducement CMP Regulations

HHS Publishes Significant Updates to Anti-Kickback Statute Safe-Harbors and Beneficiary Inducement CMP Regulations - On November 30 and December 2, 2020, the Department of Health and Human Services Office of Inspector General…more

Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Fraud

See all updates »

Multi-Family Zoning Requirement for MBTA Communities

On December 15, 2021, the Massachusetts Department of Housing and Community Development (DHCD) released draft guidelines for the Commonwealth’s recently-adopted Multi-Family Zoning Requirement for MBTA Communities. A public…more

Construction Project, Draft Guidance, Housing Market, Multi-Family Development, Municipalities

See all updates »

RLUIPA Round-Up

What do tiny homes, marijuana, a sex club, the Satanic Temple, and yoga have in common? They each make an appearance in this installment of the RLUIPA Round-Up!…more

Adult Entertainment, Churches, First Amendment, Free Exercise Clause, Homeless Issues

See all updates »

Sixth Circuit Finds No Fiduciary Duty To Give Notice Of Conversion/Portability Rights On Termination Of Employment

In Vest v. Resolute FP US, Inc., 905 F.3d 985 (6th Cir. 2018), the Sixth Circuit Court of Appeals upheld dismissal of a claim by the beneficiary of a deceased employee that the employer breached its fiduciary duty under ERISA…more

Appeals, Breach of Duty, Conversion, Decedent Protection, Employee Benefits

See all updates »

SEC Adopts Amendments to “Accredited Investor” Definition

On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) adopted final rules to amend the definition of “accredited investor” in Rule 501(a) under the Securities Act of 1933 (Securities Act) to add new categories of…more

Accredited Investors, Qualified Institutional Buyers, Rule 501(a), SEC, Securities Act of 1933

See all updates »

The EEOC Releases New COVID-19 Guidance – What Employers Should Know

Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC)…more

CDC, Coronavirus/COVID-19, EEOC, Employer Liability Issues, Health and Safety

See all updates »

New Compliance Obligations for Connecticut EURs

Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) promulgated revised regulations on Environmental Use Restrictions (EURs). These revised regulations impose new obligations on owners of…more

Department of Energy and Environmental Protection, Environmental Policies, Land Use Restrictions, Real Estate Development, Real Estate Market

See all updates »

Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers

Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022…more

Biden Administration, Employer Liability Issues, Fast-Food Industry, Food Service Workers, Labor Relations

See all updates »

Federal Court Rules that FEC Cybersecurity Study is Exempt from FOIA Disclosure

Last week, a D.C. federal judge ruled that an investigative reporter was not entitled to a 2014 cybersecurity study performed by an outside vendor detailing vulnerabilities in the Federal Election Commission’s information…more

Cybersecurity, Data Breach Study, Federal Election Commission (FEC), FOIA, Information Technology

See all updates »

Manufacturing Contracts: Considerations for Dispute Resolution Clauses

Over the years, I have written a lot about manufacturing disputes and how to resolve them short of litigation. The first step often is looking at what the parties have agreed to in any applicable contracts about how to notify,…more

Arbitration, Arbitration Agreements, Contract Disputes, Contract Terms, Dispute Resolution Clauses

See all updates »

A Liquidated Damages Provision Might Not Liquidate All Potential Damages

The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over…more

Breach of Contract, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

See all updates »

The EEOC Releases New COVID-19 Guidance – What Employers Should Know

Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC)…more

CDC, Coronavirus/COVID-19, EEOC, Employer Liability Issues, Health and Safety

See all updates »

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