Tonkon Torp LLP

Contact
Share
Info
888 SW Fifth Avenue
Ste. 1600
Portland, Oregon 97204, United States
Phone: 503.221.1440
Fax: 503.274.8779
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Oregon
Number of Attorneys
51-99 Attorneys

Lawsuits Don’t Often Make Your Dreams Come True

The recent legal clash between Daryl Hall and John Oates highlights key lessons about partnership dynamics and the necessity for a well-crafted partnership agreement. Their conflict, while centered on assets derived from their…more

Artists, Collaboration, General-Business, Music Industry, Partnership Agreements

See all updates »

Is Your Business Eligible for Portland’s New Tax Breaks?

A number of clients of my law firm, Tonkon Torp LLP, have asked about the recently-announced city of Portland business license tax break for signing a downtown Portland lease and about the Enterprise Zone tax exemption for…more

Business Taxes, Covered Employer, E-Commerce, Enterprise Zones, General-Business

See all updates »

OLCC to Enact Tax Compliance Rule for Cannabis Retailers

The Oregon Liquor and Cannabis Commission (OLCC) is set to adopt a new temporary emergency tax compliance rule for cannabis retailers that will be problematic for many in the industry. The rule, which is in response to Governor…more

Agribusiness, Business Licenses, Cannabis-Related Businesses (CRBs), Oregon, Retailers

See all updates »

Major Changes Coming To Cannabis Industry – Most Of Them Are Good

The 2021 Oregon legislative session—mostly virtual in the midst of a global pandemic—saw legislators and draft bills largely focused on economic recovery issues. Most relevant to our narrow focus, the cannabis industry won some…more

Cannabis-Related Businesses (CRBs), Licenses, Marijuana, State and Local Government

See all updates »

First Two Offshore Wind Energy Areas Selected Along Oregon Coast – Public Comment Open Now

Since HB 3375 was enacted in 2021, Oregon has been focused on identifying key locations for the installation of floating wind turbines off of the coast of Oregon, with the goal of generating approximately three gigawatts of…more

BOEM, Offshore Wind, Oregon, Public Comment, Wind Power

See all updates »

When Interest Rates Rise, Consider Bankruptcy Restructuring for Rate Relief

With the Federal Reserve raising interest rates, businesses struggling with floating rate increases and those needing to refinance may find bankruptcy reorganization an appealing alternative to high interest refinancing…more

Bankruptcy Code, Chapter 11, Creditors, High-Interest Loans, Interest Rates

See all updates »

Section 1031: What Is Real Property? Four Things You Should Know From The New Final Regulations

Effective December 2, 2020, the IRS issued its Final Regulations (the “Final Regs”) clarifying what is real property under Section 1031 of the Internal Revenue Code. The IRS issued these regulations to provide guidance in…more

Final Rules, Intangible Property, Internal Revenue Code (IRC), IRS, Property Owners

See all updates »

Corporate Transparency Act’s Efforts To Combat Crime May Impact Small Businesses

The National Defense Authorization Act, passed by the U.S. House and Senate at the end of 2020, contained a piece of legislation intended to increase transparency into shell companies to combat money laundering and criminal…more

Corporate Transparency Act, Financial Crimes, Financial Institutions, FinCEN, NDAA

See all updates »

SEC Scores a Win in Securities Case Against LBRY

If the ongoing fallout from the collapse of offshore cryptocurrency exchange, FTX, and now BlockFi wasn’t enough, crypto investors also lost a significant battle last month in the U.S. District Court of New Hampshire…more

Blockchain, Cryptocurrency, Digital Assets, Enforcement Actions, Fair Notice

See all updates »

Before Selling a Business, Consider a Buyer’s Perspective

Several situations can prompt the sale of a Company. The owners may need to fund their retirement or succession from sale proceeds. A tempting, unsolicited offer may materialize. Or the owners may simply be ready to sell the…more

Business Assets, Buyers, Capital Structures, Employee Benefits, Financial Records

See all updates »

Why Using AI in Employment Practices Can Bring Unwanted Risk

Artificial intelligence (AI) has become ubiquitous and its impact in the employment arena is notable. Using AI tools in employment can bring efficiency, particularly in the hiring process, but the use of these time-saving tools…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Automated Decision Systems (ADS), Bias, Electronically Stored Information

See all updates »

How to Best Prepare Your Business for a Successful Sale

A potential business sale transaction can be an exciting time for a business owner. The sale represents pay-off for years, or even decades, of hard work. However, it’s seldom a simple process. A successful merger and acquisition…more

Business Ownership, Buyers, Employee Incentive Plans, Intellectual Property Protection, Operational Requirements

See all updates »

Oregon Legislative Recap And Look Ahead For 2021

The past year brought plenty of surprises with the pandemic, civil unrest, and wildfires all leaving a stamp on public policy in Oregon. Throughout 2020, lobbyists and lawyers alike worked hard to keep up with the ever-changing…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Lobbyists

See all updates »

The Impact of the Corporate Transparency Act on Real Estate Holding Companies

The Corporate Transparency Act (CTA), which goes into effect January 1, 2024, will affect businesses across all industries, including many real estate investment and holding companies. As the CTA is just now coming into effect,…more

Anonymity, Anti-Money Laundering, Corporate Transparency Act, Investors, Real Estate Holding Companies

See all updates »

Uncertainty in Oregon for Crypto Assets Under Commercial Law

While some states have moved to adopt model Uniform Commercial Code (UCC) provisions to provide a clear legal framework for commercial and secured transactions involving crypto assets, Oregon has yet to take action. This is a…more

Collateral, Creditors, Cryptocurrency, Digital Assets, Financial Transactions

See all updates »

Multnomah County “Freezes” Eviction Proceedings Through 2020

Multnomah County may be exiting Governor Kate Brown’s COVID-19 “freeze,” but eviction proceedings in Oregon’s largest county remain largely on hold until after the New Year. After Governor Brown issued the statewide freeze,…more

Commercial Leases, Eviction, Governor Brown, Landlords, Remote Hearings

See all updates »

Pinning Down the Lease Commencement Date

If you’re venturing into the world of commercial real estate, whether as a tenant or a landlord, there’s a plethora of terms you’ll come across. Among these is the seemingly simple idea of the “Lease Commencement Date.” While…more

Commercial Leases, Commercial Tenants, Contract Terms, Landlords, Leases

See all updates »

Portland's Neighborhood Associations Going Strong After 40 Years

Portland's neighborhood associations have generated news lately, from Montavilla's resolution resisting the City's efforts to clear homeless camps, to controversy over whether transient persons can vote in Overlook's meetings,…more

City Councils, City Planning Departments, Housing Developers, Land Developers, Urban Planning & Development

See all updates »

IRS Challenges Ahead For Insurance Producers?

A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on…more

FICA Taxes, Insurance Industry, IRS, S-Corporation, Self-Employment Tax

See all updates »

2021 Oregon Legislative Forecast Is Hazy With A High Chance Of Storms

The 2021 legislative session is underway, and it’s already shaping up to be one of the most dynamic in a string of dynamic sessions. Before I give you a rundown of the key bills I’m watching for the commercial real estate…more

Commercial Real Estate Market, Coronavirus/COVID-19, Income Taxes, Legislative Process, Oregon

See all updates »

New Legislation Addresses Oregon Housing Crisis

Last week, the Oregon Legislature took a significant step to address Oregon’s ongoing housing crisis, as Governor Tina Kotek signed a robust legislative housing package into law. Two pivotal measures, Senate Bill 1537 and Senate…more

Affordable Housing, Oregon, Real Estate Development, State and Local Government, State Legislatures

See all updates »

The Alphabet Soup Of Working With Foreign Real Estate Investors

Given the continuous fluctuation in business immigration, tariffs, and international relations, it shouldn’t be a surprise that foreign investment into the U.S. (especially by China), has slowed. And yet, it is still happening…more

FIRPTA, FIRRMA, Foreign Investment, Income Taxes, Investors

See all updates »

What You Need to Know about the FTC Safeguards Rule

The compliance deadline for implementation of certain requirements of the Federal Trade Commission’s (FTC) Standards for Safeguarding Customer Information, better known as the “Safeguards Rule,” is June 9, 2023. Here is what you…more

Customer Information, Data Security, Federal Trade Commission (FTC), Financial Institutions, Financial Services Industry

See all updates »

Is Your Business Ready for the Corporate Transparency Act?

The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) recently published the “Final Rule” (effective Jan. 1, 2024) under the Corporate Transparency Act (CTA), part of the government’s efforts to curb money…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements, Small Business

See all updates »

The Service Industry Must Revisit Tipping Policies or Prepare to Pay Up

Recent news of six-digit demands and lawsuits filed by the Department of Labor against multiple Oregon-based institutional restaurant chains has local businesses across the service industry wondering: “Are we tipping our…more

Department of Labor (DOL), Food Service Workers, Hospitality Industry, Oregon, Restaurant Industry

See all updates »

Lawsuits Don’t Often Make Your Dreams Come True

The recent legal clash between Daryl Hall and John Oates highlights key lessons about partnership dynamics and the necessity for a well-crafted partnership agreement. Their conflict, while centered on assets derived from their…more

Artists, Collaboration, General-Business, Music Industry, Partnership Agreements

See all updates »

Following End of Mask Mandate, OSHA Issues New Guidance for Employers

After the end of the mask mandate on March 12, many businesses were left wondering whether OSHA’s other requirements for workplaces, such as employee notification, infection protocols, and ventilation systems, remained in…more

Coronavirus/COVID-19, Masks, OSHA, Ventilation Systems, Workplace Safety

See all updates »

FY2025 H-1B Cap Registration – What You Need to Know

Now is the time for employers to review H-1B needs for the FY2025 cap season. Feel free to contact us, and we will help you evaluate who is a good candidate for this classification. Registrations will be submitted…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, United States-Mexico-Canada Agreement (USMCA)

See all updates »

To Be Or Not To Be A Deductible – That Is The Current PPP Question

Now that Paycheck Protection Program (PPP) funds are landing in business accounts, it’s time to dig into how PPP loan forgiveness is taxed. Tonkon Torp attorneys have detailed how PPP loans work in our firm’s COVID resource…more

CARES Act, Federal Loans, IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

As 2022 Legislative Session Ends, More Changes Coming to the Oregon Cannabis Industry

The 2022 Oregon Legislative Session closed on March 4 and with adjournment came a host of new laws applicable to the cannabis industry. We reviewed two of the most high profile pieces of legislation, HB 4016 (marijuana licensing…more

Agricultural Workers, Bad Actors, Business Licenses, Cannabis-Related Businesses (CRBs), License Applications

See all updates »

California Privacy Rights Act Now Effective

On January 1, 2023, the California Privacy Rights Act (CPRA) went into full force and effect, heralding a new era of statewide personal information (PI) regulation. The CPRA provides even more protection for California…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Security, Minors

See all updates »

Four Points To Keep In Mind About The New July 15 Tax Deadline

Last Friday, the Treasury Department and IRS revised their guidance from earlier in the week and issued a notice granting taxpayers an extension until July 15 to file income tax returns and make income tax payments that would…more

Coronavirus/COVID-19, Filing Deadlines, Income Taxes, IRS, Tax Returns

See all updates »

Further Restrictions on Non-Disclosure and Non-Disparagement Clauses

Various governmental bodies have recently restricted employers’ ability to use non-disclosure and non-disparagement clauses. This alert briefly covers a few of those recent developments…more

Confidentiality Agreements, Employee Rights, NLRA, NLRB, Non-Disclosure Agreement

See all updates »

Breaking: Vaccine Mandate For Private Employers Forthcoming

The Biden Administration is set to announce sweeping COVID-19 vaccination requirements that will affect large employers and millions of employees across the country. The mandate extends to all employers with more than 100…more

Coronavirus/COVID-19, Executive Orders, Federal Employees, Healthcare Facilities, Joe Biden

See all updates »

SEC Division of Examinations Announces 2023 Priorities

On February 7, 2023, the Securities and Exchange Commission’s Division of Examinations announced its fiscal year 2023 examination priorities. This year, the Division continues its focus on protecting investors by prioritizing…more

Broker-Dealer, Cryptoassets, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

Distressed Cannabis Companies Find Hope with New Bankruptcy Ruling, Potential Substance Rescheduling

A recent court decision shows an evolving stance toward cannabis companies facing financial distress and seeking bankruptcy protection. Taken together with the U.S. Department of Health and Human Services recommending that…more

Agribusiness, Bankruptcy Code, Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11

See all updates »

FY2025 H-1B Cap Registration – What You Need to Know

Now is the time for employers to review H-1B needs for the FY2025 cap season. Feel free to contact us, and we will help you evaluate who is a good candidate for this classification. Registrations will be submitted…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, United States-Mexico-Canada Agreement (USMCA)

See all updates »

SEC Division of Examinations Announces 2023 Priorities

On February 7, 2023, the Securities and Exchange Commission’s Division of Examinations announced its fiscal year 2023 examination priorities. This year, the Division continues its focus on protecting investors by prioritizing…more

Broker-Dealer, Cryptoassets, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

SEC Expands Definition of Accredited Investor

In an effort to expand investment opportunities in private companies, on August 26, 2020, the Securities and Exchange Commission adopted amendments to the definition of an “accredited investor.” The amendments expand the…more

Accredited Investors, Federal Register, Limited Liability Company (LLC), Regulation D, Securities Act of 1933

See all updates »

FY2025 H-1B Cap Registration – What You Need to Know

Now is the time for employers to review H-1B needs for the FY2025 cap season. Feel free to contact us, and we will help you evaluate who is a good candidate for this classification. Registrations will be submitted…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, United States-Mexico-Canada Agreement (USMCA)

See all updates »

Are the Political Winds Changing in Portland for New Housing?

On January 31, the Portland City Council passed its Housing Regulatory Relief package. This package, which had been approved by the City Planning Commission on a 7-1 vote in November, follows years of lobbying from the…more

Affordable Housing, City Councils, City Planning Departments, Housing Developers, Oregon

See all updates »

An Employer’s Dilemma: To Mandate (Or Not) The COVID-19 Vaccine?

During a year in need of some brightness, December brought some great news: after emergency Food and Drug Administration approvals, first Pfizer and then Moderna shipped COVID-19 vaccines to locations throughout the United…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Food and Drug Administration (FDA)

See all updates »

Preparing Your Business for the Corporate Transparency Act

NOTE: This alert was updated on December 13, 2023 The Corporate Transparency Act (CTA) goes into effect January 1, 2024, and requires certain entities to submit organizational and ownership information to the U.S. Treasury…more

Beneficial Owner, CEOs, CFOs, COOs, Corporate Transparency Act

See all updates »

Distressed Cannabis Companies Find Hope with New Bankruptcy Ruling, Potential Substance Rescheduling

A recent court decision shows an evolving stance toward cannabis companies facing financial distress and seeking bankruptcy protection. Taken together with the U.S. Department of Health and Human Services recommending that…more

Agribusiness, Bankruptcy Code, Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11

See all updates »

Is Selling A Viable Option With An Unresolved PPP Loan On The Books?

When the second round of PPP funding became available in January 2021, our firm saw a significant drop off in the number of clients seeking a second PPP loan. I view this is a positive indication that the first round did its…more

Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Private Equity, SBA

See all updates »

FY2025 H-1B Cap Registration – What You Need to Know

Now is the time for employers to review H-1B needs for the FY2025 cap season. Feel free to contact us, and we will help you evaluate who is a good candidate for this classification. Registrations will be submitted…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, United States-Mexico-Canada Agreement (USMCA)

See all updates »

Business Transition Planning In A Pandemic

It is an open secret that many business owners, no matter how organized, regularly neglect an important task—developing their exit strategy. The right transition plan depends on the nature of the business and the business…more

Co-Ownership, Coronavirus/COVID-19, EBITDA, ESOP, Exit Strategies

See all updates »

Bankruptcy Doors Open a Little Wider to Cannabis Companies

In January, a California bankruptcy court issued an opinion providing another lifeline to cannabis companies that could benefit from the protection of the federal bankruptcy code – to reorganize or liquidate assets. The decision…more

Bankruptcy Code, Cannabis-Related Businesses (CRBs), Chapter 11, Controlled Substances Act, Corporate Counsel

See all updates »

Don't Get In A Pickle – Food And Beverage Companies Need To Stay Mindful Of Environmental Regulation

They may not realize it, but the manufacturers of many of America's favorite foods (beer, bread, coffee, jerky, salsa, salad dressing, etc.) are subject to a multitude of environmental regulations for food and beverage…more

Air Pollution, Beverage Manufacturers, Compliance, Enforcement Actions, Environmental Policies

See all updates »

Key Lease Work Letter Issues When the Tenant Is Doing the Work

In her new Ear to the Ground video, the second of a two-part series on lease work letters, attorney Kimberlee Stafford, Chair of our Real Estate & Land Use Practice Group, discusses key work letter issues and situations when the…more

Commercial Leases, Commercial Tenants, Construction Project, Landlords, Property Improvements

See all updates »

What You Need to Know about the FTC Safeguards Rule

The compliance deadline for implementation of certain requirements of the Federal Trade Commission’s (FTC) Standards for Safeguarding Customer Information, better known as the “Safeguards Rule,” is June 9, 2023. Here is what you…more

Customer Information, Data Security, Federal Trade Commission (FTC), Financial Institutions, Financial Services Industry

See all updates »

Oregon Legislature Makes Significant Changes to OFLA and PLO

The Oregon Legislature recently passed legislation that eliminates many redundancies between Paid leave Oregon (PLO) and Oregon Family Leave Act (OFLA). These changes will help many employers breathe a sigh of relief. Since the…more

Bereavement Leave, Caregivers, Child Care, Oregon, Paid Family Leave Law

See all updates »

The Liquidated Damages Provision in Construction Contracts: Include or Leave Out?

When representing owners on construction contracts, I often ask the owner whether they want to include a liquidated damages provision in the contract. A liquidated damages provision describes an amount of money, agreed upon by…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, General Contractors

See all updates »

Get Your Business Ready for a New Era of Data Privacy Regulations in Oregon

The recent enactment of SB 19 (the Oregon Consumer Privacy Act or “OCPA”) will have varying impacts on a large portion of businesses (including nonprofits) operating within Oregon –especially those with websites. For those…more

Consumer Privacy Rights, Data Privacy, Data Protection, Oregon, Personal Data

See all updates »

Court Decision Favors Businesses Claiming Insurance Coverage For COVID-Related Losses

Companies across the state, and around the country, have suffered significant loss of income due to interruptions to their business caused by the spread of COVID-19 and the ensuing government-ordered closures. These companies…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Insurance Claims

See all updates »

Banks Sue Over Oregon’s Foreclosure Moratorium

Two recent lawsuits filed in the U.S. District Court for the District of Oregon illustrate that Oregon banks are none too pleased about HB 4204. This legislation, passed by the Oregon legislature in June 2020, prohibits…more

Banks, CARES Act, Commercial Real Estate Contracts, Coronavirus/COVID-19, Eviction

See all updates »

COVID-19 Hangover: Should You Go Ahead With Plans For A Transaction In 2021?

By all accounts, 2020 was a challenging year and M&A activity was certainly no exception. In the immediate aftermath of the pandemic and its related lockdowns, many M&A deals were thrown into turmoil. As the year progressed, and…more

Business Ownership, Buyers, Coronavirus/COVID-19, Due Diligence, Loan Forgiveness

See all updates »

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

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

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

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide