Smart & Biggar

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1100-150 York Street
Toronto, ON M5H 3S5, Canada
Phone: 416.593.5514
Fax: 416.591.1690
Areas Of Practice
  • Agriculture
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
Locations
Other Countries
  • Canada
Number of Attorneys
51-99 Attorneys

False alarm: the risks of groundless online takedown complaints

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated…more

Amazon, Canada, Copyright Litigation, Corporate Counsel, Digital Media

See all updates »

Canadian Patent Law 2021: A round-up of interesting developments and court decisions

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets of…more

Canada, Canadian Intellectual Property Office (CIPO), Corporate Counsel, Intellectual Property Protection, Inventive Concept Test

See all updates »

Health Canada and the Competition Bureau commit to information sharing to combat false, misleading or deceptive health claims

On March 7, 2024, Health Canada published a Memorandum of Understanding (MOU) with the Competition Bureau (together, Participants) to advance their mutual interests and develop a framework of cooperation to assist in…more

Deceptively Misdescriptive, False Statements, Healthcare, Information Sharing, Memorandum of Understanding

See all updates »

LUMIGAN RC formulation patent found valid and infringed

In a patent infringement action brought by Allergan and AbbVie under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (Regulations), in relation to 0.01% w/v bimatoprost solution for ophthalmic…more

Appeals, Canada, Patent Infringement, Patent Litigation, Patents

See all updates »

Trademark owners, beware: protecting your brand in the era of trademark scams

An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly…more

Brand, Email, Fraud, Trademark Infringement, Trademark Litigation

See all updates »

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we define…more

Artificial Intelligence, Authorship, Biden Administration, Canada, Executive Orders

See all updates »

[Ongoing Program] Trademark & copyright enforcement on the internet: Online marketplaces, social media and the web - July 13th, 12:00 pm - 1:00 pm ET

This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a…more

Best Practices, Brand, Canada, Copyright, Copyright Enforcement

See all updates »

French-language requirements in Québec: Publication of the Draft Regulation to amend mainly the Regulation respecting the language of commerce and business

On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec. The Draft Regulation was eagerly…more

Advertising, Canada, Commerce Clause, French Language Requirements, Generic Marks

See all updates »

Trademark owners, beware: protecting your brand in the era of trademark scams

An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly…more

Brand, Email, Fraud, Trademark Infringement, Trademark Litigation

See all updates »

Federal Court of Canada launches specialized Intellectual Property Chambers pilot project

With the creation of specialized Chambers in the Federal Court, parties can be confident that judges assigned to their intellectual property matters in Canada will have intellectual property expertise…more

Canada, Copyright, Corporate Counsel, Intellectual Property Protection, Patents

See all updates »

Court permits addition of inventor to a patent that is subject of ongoing litigation

In Regeneron Pharmaceuticals, Inc v Canada (AG), 2023 FC 768, the Federal Court granted Regeneron’s application to add an inventor to its issued patent, which was the subject of pending litigation. The Court was satisfied, based…more

Canadian Patent Office, Patent Litigation, Patents, Pharmaceutical Patents

See all updates »

Canadian IP Litigation 2023: Year in Review

The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in 2023…more

Appeals, Canada, Copyright, Injunctions, Intellectual Property Litigation

See all updates »

BYOOVIZ is confusing with BEOVU: Federal Court finds violation of Novartis’ trademark rights

In a decision dated January 24, 2024, Justice Pallotta allowed Novartis’ application, finding that Biogen and Samsung’s use of the trademark BYOOVIZ in association with an ophthalmologic drug violates Novartis’ rights in its…more

Appeals, Canada, Intellectual Property Litigation, Intellectual Property Protection, Life Sciences

See all updates »

Do you actually own the IP generated by your Canadian employees?

Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets. For this reason, it is usually in a business’s best interest to ensure their ownership of intellectual…more

Canada, Copyright, Employer-Owned Intellectual Property, Employment Contract, Independent Contractors

See all updates »

Steps to consider before sending a cease-and-desist letter

The intellectual property (IP) of your business has value. IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential…more

Canada, Cease and Desist Orders, Intellectual Property Litigation, Intellectual Property Protection, IP License

See all updates »

Celebrating World IP Day 2024

For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and creativity. …more

Artificial Intelligence, Canada, Climate Change, Health Technology, Innovation

See all updates »

Why you should designate Canada – and a Canadian agent – in your next Madrid application

A little over a year has passed since Canada overhauled its trademark legislation and acceded to the Madrid Protocol, making it easier than ever to protect trademark rights in Canada. In this IP Update, we explore some of the…more

Canada, Canadian Intellectual Property Office (CIPO), CETA, Corporate Branding, Designated Agent

See all updates »

Strategies for in-house counsel to mitigate risk related to intellectual property

In today’s competitive innovation economy, companies across industries face a wide range of potential legal issues and risks related to intellectual property (IP). Whether it is infringement of a valuable patented technology,…more

Copyright, Corporate Counsel, Infringement, Intellectual Property Protection, Life Sciences

See all updates »

Angelcare and Playtex seal another win against patent infringer Munchkin

On August 17, 2023, the Federal Court issued its decision in Angelcare Canada Inc. et al. v Munchkin Inc. et al. (2023 FC 1111) regarding the Plaintiffs’ entitlement to certain remedies for patent infringement. This decision…more

Canada, Injunctive Relief, Patent Infringement, Patent Litigation, Patents

See all updates »

IP protection for your product’s design and function is a smart investment

This article provides helpful advice for companies wanting to protect their IP rights and increase their profits. Smart & Biggar IP experts detail the importance of investing in industrial design or design patents to ensure your…more

Canada, Design Patent, Industrial Design, Intellectual Property Protection, Patents

See all updates »

Federal Court dismisses patent infringement Action for delay

In Sikes et al. v Encana Corporation et al. (Court File No. T-1345-13), the Federal Court recently issued an Order dismissing the Action for delay following a status review under section 382.1 of the Federal Courts Rules, where…more

Canada, Delay Claims, Delays, Dismissals, Patent Infringement

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Three key differences between U.S. and Canadian patent law that can affect patent filing strategies in Canada

Though there are many similarities between U.S. and Canadian patent law, the following significant differences can affect the key decision of whether to file in Canada. 1. Grace period time limit - Sections 28.2 and 28.3…more

Canada, Double Patent, Intellectual Property Protection, On-Sale Bar, Patent Applicants

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Regulation to amend mainly the Regulation respecting the language of commerce and business: key takeaways from a recent discussion with the OQLF and the Ministry of the French Language

On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the “Draft Regulation”) was published in the Gazette officielle du Québec. The Draft Regulation was eagerly…more

Amended Regulation, Canada, French Language Requirements, Trademarks, Written Descriptions

See all updates »

Federal Court of Appeal upholds the validity of Canada’s first anti-piracy site-blocking Order

On May 26, 2021, the Federal Court of Appeal issued its decision in Teksavvy Solutions Inc v Bell Media Inc et al, 2021 FCA 100, upholding the Federal Court’s order in Bell Media Inc. et al v Goldtv.biz et al., 2019 FC 1432 (the…more

Canada, Copyright, Copyright Infringement, Intellectual Property Protection, Internet Service Providers (ISPs)

See all updates »

CETA Draft Regulations Published on Patent Linkage and Term Restoration – 15 Day Public Comment Period

The government has published the long anticipated draft regulations regarding: - changes to the Patented Medicines (Notice of Compliance) Regulations [“PMNOC Regulations”], and - proposed Regulations to implement…more

Canada, CETA, Patent Act, Patent Reform, Patent Terms

See all updates »

PMPRB releases 2022 Annual Report and March 2024 NEWSletter

On February 16, 2024, the Minister of Health tabled the 2022 Annual Report of the Patented Medicine Prices Review Board (PMPRB). The 2022 Annual Report provides an overview of the PMPRB’s mandate, structure and price review…more

Compliance, Drug Pricing, Life Sciences, Patented Medicine Prices Review Board (PMPRB), Pharmaceutical Industry

See all updates »

Dexlansoprazole formulation patent invalid and not infringed by Apotex

On February 7, 2024, the Federal Court dismissed Takeda’s action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations in relation to dexlansoprazole (Takeda’s DEXILANT). Justice Furlanetto…more

Ambiguous, Canada, Compliance, Disclosure Requirements, Life Sciences

See all updates »

Top ten considerations for creating an effective anti-counterfeiting program

A key component of any effective brand protection strategy is an anti-counterfeiting program. How can a brand owner protect its reputation and rights against counterfeiters, infringers and pirates? The answer will depend not…more

Amazon, Budgets, CBSA, Collaboration, Counterfeiting

See all updates »

U.S. FDA authorizes Florida plan to import drugs in bulk from Canada

A proposed program by the state of Florida to import certain prescription drugs from Canada has received the approval of the United States Food and Drug Administration (FDA): FDA news release on January 5, 2024…more

Canada, Florida, Food and Drug Administration (FDA), Healthcare, Healthcare Reform

See all updates »

False alarm: the risks of groundless online takedown complaints

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated…more

Amazon, Canada, Copyright Litigation, Corporate Counsel, Digital Media

See all updates »

How to slice through trademark challenges: Key takeaways for proper trademark licensing

Licensing trademarks in Canada can be beneficial to a trademark owner when done properly, including providing a potentially powerful source of revenue. However, without careful drafting and management of the license, things can…more

Best Practices, Canada, Licenses, Trademark Act, Trademark Licenses

See all updates »

[Webinar] Canada: The New Frontier For U.S. IP Owners - December 4th, 12:00pm ET

Canada is increasingly becoming a hot bed for IP litigation involving U.S. IP owners, and provides a highly favourable forum from a procedural, substantive law and litigation costs perspective. American companies have seen…more

Canada, Intellectual Property Protection, IP Litigation, Patents, Trademarks

See all updates »

All clear? The importance of trademark clearance searching in Canada

Trademarks allow consumers to distinguish between products and services of one business and those of another, making them a most valuable business asset. However, that asset’s value is closely tied to the extent to which an…more

Business Assets, French Language Requirements, Trademark Infringement, Trademark Registration, Trademarks

See all updates »

Canadian Trademark Law 2023: A Year in Review

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks Office…more

Advertising, Bad Faith, Brand, Canada, Canadian Intellectual Property Office (CIPO)

See all updates »

Canada adopts three-step framework for assessing patentable subject matter in Benjamin Moore

Recently the Federal Court released a decision establishing a new three-step legal framework for assessing patentable subject matter, particularly as it relates to the patentability of computer-implemented inventions, in…more

Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Protection, Patent Applications, Patent-Eligible Subject Matter

See all updates »

Top 10 patent and regulatory things you need to know when bringing a biopharma product to Canada

Canada is an attractive market for pharmaceutical manufacturers. While universal healthcare does not currently extend to drugs in an outpatient setting, most Canadian consumers have some form of drug coverage through government…more

Biopharmaceutical, Biotechnology, Canada, Generic Drugs, Life Sciences

See all updates »

PMPRB releases CompassRx Annual Public Drug Plan Expenditure Report (2021/22)

On December 12, 2023, the Patent Medicine Prices Review Board (PMPRB), released the 9th edition of its annual report, CompassRx, which covers the 2021-2022 fiscal year. The report seeks to provide insights about the cost…more

Canada, Patented Medicine Prices Review Board (PMPRB), Patented Medicines, Pharmaceutical Industry, Pharmaceutical Patents

See all updates »

Trademark protection in Canada: Pursuing Canadian designations under the Madrid Protocol

Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries. According to WIPO’s Madrid Yearly Review…more

Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Protection, IP Portfolio, Trademark Application

See all updates »

Interlocutory injunctions: powerful tools for trademark owners in Canada

A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada…more

British Columbia Supreme Court, Canada, Fashion Industry, Intellectual Property Protection, Interlocutory Injunctions

See all updates »

Angelcare and Playtex seal another win against patent infringer Munchkin

On August 17, 2023, the Federal Court issued its decision in Angelcare Canada Inc. et al. v Munchkin Inc. et al. (2023 FC 1111) regarding the Plaintiffs’ entitlement to certain remedies for patent infringement. This decision…more

Canada, Injunctive Relief, Patent Infringement, Patent Litigation, Patents

See all updates »

FCA upholds inducement of infringement findings relating to paliperidone palmitate.

As previously reported, the Federal Court released a pair of decisions relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA), finding in a summary trial that each of Pharmascience and Apotex would induce infringement of…more

Apotex, Appeals, Canada, Patent Infringement, Patent Litigation

See all updates »

Canada’s new Patent Rules: twelve notable changes and tips

On December 1, 2018, the Canadian government released its proposed new Patent Rules in the Canada Gazette, Part I. This is one of the last steps necessary for implementing significant changes to Canada’s patent law, which are…more

Amended Complaints, Canada, New Rules, Patent Applications, Patent Fees

See all updates »

Celebrating World IP Day 2024

For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and creativity. …more

Artificial Intelligence, Canada, Climate Change, Health Technology, Innovation

See all updates »

Celebrating World IP Day 2024

For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and creativity. …more

Artificial Intelligence, Canada, Climate Change, Health Technology, Innovation

See all updates »

Canadian Trademark Law 2023: A Year in Review

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks Office…more

Advertising, Bad Faith, Brand, Canada, Canadian Intellectual Property Office (CIPO)

See all updates »

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we define…more

Artificial Intelligence, Authorship, Biden Administration, Canada, Executive Orders

See all updates »

#InfluencerMarketing: What advertisers need to know about disclosure

It has been said that Instagram, YouTube and blogging represent the height of creative self-expression on the Internet. However, if a brand has sponsored an individual’s content, then the claim to self-expression has its limits…more

Ad Standards Canada, Advertising, Canada, Competition Act, Corporate Branding

See all updates »

Canadian Patent Law 2023: A Year in Review

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported…more

Canada, Intellectual Property Protection, Obviousness, Patent Infringement, Patent Invalidity

See all updates »

What to do if a patent owner sends you a cease-and-desist letter

A cease-and-desist (C&D) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. The steps you take after receiving a C&D letter can…more

Cease and Desist Orders, Patent Infringement, Patent Litigation, Patent Ownership

See all updates »

Failed second bite at the cherry (pie): Federal Court invalidates foreign-language marks filed in bad faith

The Federal Court recently had occasion to revisit the issue of confusion between foreign-language trademarks involving the use of Chinese characters in Canada…more

Canada, Foreign Language, Intellectual Property Protection, Trademark Litigation, Trademarks

See all updates »

CIPO shines spotlight on patenting in climate change mitigation technologies

With the Paris climate agreement having recently come into effect, climate change mitigation technologies have been the focus of widespread discussion and debate. The Canadian Intellectual Property Office (CIPO) has added to the…more

Canada, Canadian Intellectual Property Office (CIPO), Climate Change, Expedited Approval Process, Fast Track Process

See all updates »

2023 Mid-Year Highlights in Canadian Life Sciences IP and Regulatory Law

In the first half of 2023, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories from January to June and…more

Biosimilars, Canada, Data Protection, Life Sciences, Patent Term Adjustment

See all updates »

Ghost in the machine: AI and patent protection

On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue has…more

Artificial Intelligence, Authorship, Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Protection

See all updates »

In-house counsel primer: Managing IP and compliance risks in artificial intelligence and a digital world

In today’s competitive innovation economy, digital technologies and artificial intelligence (AI) tools are increasingly used in business transformation and growth. In-house counsel at companies across industries need to be…more

Artificial Intelligence, Compliance, Data Privacy, Digital Services, Information Technology

See all updates »

All clear? The importance of trademark clearance searching in Canada

Trademarks allow consumers to distinguish between products and services of one business and those of another, making them a most valuable business asset. However, that asset’s value is closely tied to the extent to which an…more

Business Assets, French Language Requirements, Trademark Infringement, Trademark Registration, Trademarks

See all updates »

Canadian Patent Law 2023: A Year in Review

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported…more

Canada, Intellectual Property Protection, Obviousness, Patent Infringement, Patent Invalidity

See all updates »

Canadian Trademark Law 2023: A Year in Review

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks Office…more

Advertising, Bad Faith, Brand, Canada, Canadian Intellectual Property Office (CIPO)

See all updates »

Canadian Patent Law 2023: A Year in Review

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported…more

Canada, Intellectual Property Protection, Obviousness, Patent Infringement, Patent Invalidity

See all updates »

IP protection for your product’s design and function is a smart investment

This article provides helpful advice for companies wanting to protect their IP rights and increase their profits. Smart & Biggar IP experts detail the importance of investing in industrial design or design patents to ensure your…more

Canada, Design Patent, Industrial Design, Intellectual Property Protection, Patents

See all updates »

Supreme Court of Canada rules on Crown copyright

On Thursday September 26, 2019, the Supreme Court of Canada issued its highly anticipated decision in Keatley Surveying Ltd v Teranet Inc (2019 SCC 43), finding that the Province of Ontario holds copyright in plans of survey…more

Canada, Class Action, Copyright, Government Copyrights, Indicia of Control

See all updates »

Strong trademark jumps the language barrier; foreign-language mark refused in Canada

Unlike in the United States, brand names in foreign languages are not automatically protected in Canada. No “doctrine of foreign equivalents” exists to expand a brand owner’s monopoly across linguistic lines. This leaves even…more

Brand, Intellectual Property Protection, Trademark Application, Trademark Infringement, Trademark Litigation

See all updates »

New guidelines for influencer marketing #FullDisclosure

Brand and influencer collaborations are a key component in marketing products and services, as highlighted in our article on Like & Follow! What to know when #advertising with #influencers. Ad Standards recently updated its…more

Advertising, Compliance, FTC Endorsement Guidelines, Influencers, Marketing

See all updates »

Foreign Prosecution History Evidence Permitted under Section 53.1 of the Patent Act

The Federal Court has now released the first decision in which the scope of Section 53.1 of the Canadian Patent Act—the so-called “file wrapper estoppel” provision—has been considered. We recently published an IP Update…more

Admissible Evidence, Canada, Claim Construction, File Wrapper Estoppel, Foreign Patent Applications

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Update on biosimilars in Canada – March 2024

In this article, we provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, and market access) since our March 2023 update…more

Biologics, Biosimilars, Compliance, Innovation, Life Sciences

See all updates »

Minister of Health proposes legislation for first phase of national universal pharmacare

On February 29, 2024, the Minister of Health announced the introduction of Bill C-64, An Act respecting pharmacare (Pharmacare Act), which “proposes the foundational principles for first phase of national universal pharmacare in…more

Compliance, Healthcare, Life Sciences, Minister of Health, Pharmaceutical Industry

See all updates »

Canadian Patent Law 2021: A round-up of interesting developments and court decisions

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets of…more

Canada, Canadian Intellectual Property Office (CIPO), Corporate Counsel, Intellectual Property Protection, Inventive Concept Test

See all updates »

Quebec’s “IP Box”: A tax incentive for the commercialization of IP

Innovation from research & development (R&D) can be protected by intellectual property (IP) rights of various kinds, including patents, copyright and plant breeder’s rights. To encourage companies to invest locally in R&D that…more

Canada, Intellectual Property Protection, Patents, Research and Development, Software

See all updates »

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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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