Williams Mullen

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Williams Mullen Center
200 South 10th Street, Suite 1600
Richmond, VA 23219, United States
Phone: 804.420.6000
Fax: 804.420.6507
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • North Carolina
  • South Carolina
  • Virginia
Number of Attorneys
100+ Attorneys

Temporary Suspension of Certain Nonimmigrant Visas Through the End of 2020

On Monday evening, President Trump signed a new proclamation (the “Proclamation”) that temporarily suspends admission into the United States of foreign nationals holding certain nonimmigrant visas. The Proclamation will take…more

Executive Orders, Foreign Nationals, Green Cards, H-1B, J-1 Visas

See all updates »

[Webinar] Winter 2021 Tax Forum - January 27th, 11:00 am - 12:00 pm EST

Please join us for the Winter Tax Forum to be held virtually on Wednesday, January 27, 2021. ...join Anna Derewenda, Jenny Connors, Farhad Aghdami, and Kyle Wingfield for our virtual tax forum where they will cover recent…more

Continuing Legal Education, Income Taxes, Local Taxes, Qualified Small Business Stock, State Taxes

See all updates »

Combined Federal, VA and NC Government Resources for COVID-19

COVID-19 Key Resource List (Virginia): Commonwealth of Virginia Official COVID-19 Website - This website is a comprehensive resource that provides information pertaining to official actions, guidance, updates, and…more

Coronavirus/COVID-19, Emergency Management Plans, Governor Cooper, Governor Northam, Public Health Emergency

See all updates »

Mergers and Acquisitions with PPP or EIDL Borrowers: Considerations for Buyers, Sellers, and Lenders

By now, most small business owners and their lenders are acutely aware of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted to provide emergency assistance and health care response for individuals and…more

Acquisitions, CARES Act, Economic Injury Disaster Loans, Federal Loans, Mergers

See all updates »

The SBA’s Evolving Guidance on PPP Loan

As the impact of COVID-19 was rippling through the American economy, business owners saw the PPP as a lifeline. The promise of a quick infusion of capital to keep their businesses operational and the opportunity to have these…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA, SBA Lending Programs

See all updates »

DHS Issues Final Rule to Modify H-1B Lottery and Prioritize Higher Salaries

On January 8th, the U.S. Department of Homeland Security published a final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of…more

Biden Administration, Department of Homeland Security (DHS), Diversity Lottery, Final Rules, H-1B

See all updates »

New COVID-19 Requirements and Possible Penalties for Nursing Homes

On Sunday, April 19, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it will be issuing a new rule on COVID-19 reporting requirements with possible penalties for nursing homes that fail to comply. 42 CFR…more

CDC, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Long Term Care Facilities

See all updates »

Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, HIPAA

See all updates »

Treasury Department Leverages PPP Forgiveness to Require Employers to Disclose Job Offer Rejections to State Unemployment Agencies

As uncertainty surrounding loan forgiveness under the CARES Act’s Paycheck Protection Program (PPP) continues to loom over the heads of small business owners throughout the nation, the Department of the Treasury issued an…more

Coronavirus/COVID-19, Interim Final Rules (IFR), Job Offers, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

OIG Targets Integrated Hospital Systems With Recommended Changes to Medicare’s 3-Day DRG Payment Window

On February 19, 2014, the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) released a report recommending two changes in the Medicare Diagnosis Related Group (“DRG”) payments…more

Department of Health and Human Services (HHS), Healthcare, Hospitals, Medicare, OIG

See all updates »

Estate Planning Inflation Related Adjustments for Tax Year 2021

Many estate planning provisions of the Internal Revenue Code contain brackets, exemptions, exclusions, deductions, or other figures that the Internal Revenue Service (IRS) adjusts annually for inflation. Recently, the IRS…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

See all updates »

New Electronic H-1B Registration Process Confirmed for Fiscal Year 2021

U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery.  By way of background, the H-1B visa program allows companies in the United…more

Electronic Filing, Employment Authorization Documents (EAD), F-1 Visa, Foreign Nationals, H-1B

See all updates »

PODCAST: Williams Mullen's Trending Now, An IP Podcast - Dusting off the Idea Files

On the latest episode of Williams Mullen's Trending Now - An IP Podcast, Clint Brannon is joined by Tom Bergert, Amy Pruett and Janet Cho to discuss their thoughts on developing and protecting back-burner ideas…more

Copyright, Coronavirus/COVID-19, Intellectual Property Litigation, Intellectual Property Protection, Patents

See all updates »

[Webinar] The Intersection of Rep & Warranty Insurance and Delayed Closings - December 10th, 11:00 am ET

Join Williams Mullen Partners Jon Bliley and Hal Johnson as they discuss the issues that may arise should you face a transaction with a delayed closing where a rep and warranty policy is the buyer’s sole source of…more

Acquisitions, Breach of Warranty, Buyers, Closing Date, Indemnification

See all updates »

Summary of SBA Loan Programs under the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) makes important changes to the Small Business Administration (SBA) Economic Impact Disaster Loan (EIDL) program and creates the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Relief Measures

See all updates »

No, You Can’t Use Discovery to Find a New Class Representative

In a consumer class action pending in California, the Ninth Circuit recently vacated a discovery order that would have forced Williams-Sonoma - prior to class certification - to identify all of its California customers who had…more

Ascertainable Class, Class Action, Class Certification, Class Representatives, Discovery

See all updates »

PODCAST: Williams Mullen's Trending Now: An IP Podcast - How to Preserve Your Intellectual Property Rights with Marking—Part 2: Patents

On the latest episode of Williams Mullen's Trending Now - An IP Podcast, Janet Cho and Clint Brannon discuss the ins and outs of patent marking, including the benefits and risks of marking, and give some practical advice on how…more

Intellectual Property Protection, Patent Infringement, Patent Marking, Patents

See all updates »

Environmental Notes - January 2021

Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing…more

Administrative Procedure Act, Air Pollution, Biden Administration, Clean Water Act, DOJ

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Class Action Trends in Virginia: Employment Background Reports

Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are…more

Background Checks, Class Action, Consumer Reports, Credit Reporting Agencies, Employer Liability Issues

See all updates »

Supreme Court Upholds North Carolina’s Blue Pencil Doctrine Impacting Non-Competes

On March 18, 2016, the North Carolina Supreme Court reasserted the state’s strict blue pencil doctrine by reversing the Court of Appeals in Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC, et al. (No…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

See all updates »

“High Volatility” - How Can Banks Avoid Having Loans Classified as HVCRE?

Where did the HVCRE rules come from? In the wake of the 2008 financial crisis, international banking regulators determined that banks were not sufficiently well-capitalized and published the Basel III Capital Accords in…more

Basel III, FDIC, Financial Crisis, Financial Regulatory Reform, HVCRE Loans

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Virginia Wage Theft Law Brings New Duties and Steep Penalties for General Contractors

On April 12, 2020, Governor Northam signed a series of bills related to the non-payment of wages. New changes to Virginia’s wage payment laws significantly increase potential penalties against employers who fail to properly pay…more

Construction Industry, Employer Responsibilities, General Contractors, Governor Northam, Private Right of Action

See all updates »

Recent Developments in Virginia and North Carolina Concerning the Department of Labor and Industry’s COVID-19 Regulations

Virginia Developments - Readers will no doubt recall that, during the week of July 27, 2020, the Virginia Department of Labor and Industry adopted an Emergency Temporary Standard concerning COVID-19 and how employers were to…more

Coronavirus/COVID-19, Emergency Rule, Employer Responsibilities, Governor Northam, State Labor Departments

See all updates »

[Event] Second Annual - Managing Risk and Legal Issues in the Education Sector - Oct. 1st, Richmond, VA

Marsh, Mercer, Ernst & Young, and Williams Mullen will hold a one-day, multi-session seminar for Virginia's private K-12, colleges, and universities. The event will address a wide range of issues currently facing the education…more

Colleges, Events, Private Schools, Risk Management, Universities

See all updates »

Paycheck Protection Program: After the Pay Comes the Chase

Federal Stimulus and Oversight - On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which included among its provisions the Paycheck Protection Program (“PPP”). The PPP…more

CARES Act, Coronavirus/COVID-19, False Claims Act (FCA), Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

The Williams Mullen Financial Services & Real Estate Quarterly Newsletter

Goodbye LIBOR - Hello Operational Headache! A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost the…more

ALTA, Bankruptcy Code, Benchmarks, Consumer Bankruptcy, Interest Rates

See all updates »

Virginia Historic Rehabilitation Tax Credits: a Legislative Update

The Virginia Historic Rehabilitation Tax Credit (“HRTC”) Program (Virginia Code § 58.1-339.2) has been a significant factor in the preservation of historic properties and the revitalization of urban centers across the…more

Governor McAuliffe, Historic Preservation, Historical Rehabilitation, Proposed Legislation, State Budgets

See all updates »

[Webinar] COVID-19 Comeback Convention - December 3rd, 8:30 am - 11:00 am ET

Insights and Ideas to Expedite Your Business Recovery in 2021 - Join us for the COVID-19 Comeback Convention, a virtual convention comprised of brief presentations tailored to meet the needs of senior executives and leaders…more

Borrowers, Business Development, Business Losses, Business Strategies, Business Taxes

See all updates »

Governor Northam’s New Steps for COVID-19 Vaccination Efforts

Virginia has announced the phased approach that the Commonwealth will take to ensure critical populations will receive a COVID-19 vaccine, following guidance developed by the Centers for Disease Control and Prevention (CDC) and…more

ACIP, CDC, Coronavirus/COVID-19, Governor Northam, Pharmaceutical Distribution

See all updates »

PODCAST: Williams Mullen's Trending Now: An IP Podcast - How to Preserve Your Intellectual Property Rights with Marking—Part 2: Patents

On the latest episode of Williams Mullen's Trending Now - An IP Podcast, Janet Cho and Clint Brannon discuss the ins and outs of patent marking, including the benefits and risks of marking, and give some practical advice on how…more

Intellectual Property Protection, Patent Infringement, Patent Marking, Patents

See all updates »

Combined Federal, VA and NC Government Resources for COVID-19

COVID-19 Key Resource List (Virginia): Commonwealth of Virginia Official COVID-19 Website - This website is a comprehensive resource that provides information pertaining to official actions, guidance, updates, and…more

Coronavirus/COVID-19, Emergency Management Plans, Governor Cooper, Governor Northam, Public Health Emergency

See all updates »

[Webinar] Winter 2021 Tax Forum - January 27th, 11:00 am - 12:00 pm EST

Please join us for the Winter Tax Forum to be held virtually on Wednesday, January 27, 2021. ...join Anna Derewenda, Jenny Connors, Farhad Aghdami, and Kyle Wingfield for our virtual tax forum where they will cover recent…more

Continuing Legal Education, Income Taxes, Local Taxes, Qualified Small Business Stock, State Taxes

See all updates »

The Williams Mullen Financial Services & Real Estate Quarterly Newsletter

Goodbye LIBOR - Hello Operational Headache! A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost the…more

ALTA, Bankruptcy Code, Benchmarks, Consumer Bankruptcy, Interest Rates

See all updates »

Combined Federal, VA and NC Government Resources for COVID-19

COVID-19 Key Resource List (Virginia): Commonwealth of Virginia Official COVID-19 Website - This website is a comprehensive resource that provides information pertaining to official actions, guidance, updates, and…more

Coronavirus/COVID-19, Emergency Management Plans, Governor Cooper, Governor Northam, Public Health Emergency

See all updates »

Williams Mullen's COVID-19 Comeback Plan: 10 Pandemic-Influenced Operations, M&A and Finance Ideas for Executives

Corporate Partner Dave Dallas provides executives with a concise and creative list of suggestions and key considerations to help guide their businesses’ COVID-19 recovery planning…more

Acquisitions, Business Operations, Coronavirus/COVID-19, Corporate Executives, Corporate Finance

See all updates »

Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and…more

Environmental Policies

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Tax-Free Rollovers in Private M&A Transactions: LLC Asset vs. Stock Drop-Down (with Examples)

Companies with a history of consistent revenue growth and adjusted EBITDA make attractive acquisition targets for strategic and private equity buyers. Unlike a strategic buyer, which may have on hand a management team capable of…more

Acquisitions, Board of Directors, Corporate Governance, Limited Liability Company (LLC), Mergers

See all updates »

[Webinar] Winter 2021 Tax Forum - January 27th, 11:00 am - 12:00 pm EST

Please join us for the Winter Tax Forum to be held virtually on Wednesday, January 27, 2021. ...join Anna Derewenda, Jenny Connors, Farhad Aghdami, and Kyle Wingfield for our virtual tax forum where they will cover recent…more

Continuing Legal Education, Income Taxes, Local Taxes, Qualified Small Business Stock, State Taxes

See all updates »

Williams Mullen On Call - Summer 2020 Edition

Welcome to the Summer 2020 edition of Williams Mullen On Call.  In this edition, we are pleased to provide a timely interview with Jay Kossman, a health care consultant with over 35 years of industry experience, to discuss…more

Business Model, Coronavirus/COVID-19, Economic Downturn, Health Care Providers, Hospitals

See all updates »

Why Senior Health Care Asset Owners and Investors Should Reexamine Their Loan Agreements

Although it seems like we have been enduring COVID-19-related issues for a while, the crisis has been with us for only a few months. Given that length of time, it is reasonable to assume that most loan agreements executed by…more

Coronavirus/COVID-19, Financial Services Industry, Healthcare Provider Corporations, Investors, Loan Agreements

See all updates »

PODCAST: Williams Mullen's Benefits Companion - New Round of COVID-19 Relief Expands Assistance for Employers

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt addresses the latest round of coronavirus relief legislation passed in December 2020 and what benefit plan sponsors need to know about changes impacting…more

Benefit Plan Sponsors, CARES Act, Consolidated Appropriations Act, Coronavirus/COVID-19, Employee Benefits

See all updates »

[Webinar] M&A Webinar Series: Unique Deal Issues - February 11th, 11:00 am ET

Join Partners Anne Domozick and Forbes Thompson to gain insights on the lessons learned when negotiating deals in special situations, and the solutions you can invoke should you find yourself in the same boat. Anne and Forbes…more

Acquisitions, Board of Directors, Contract Negotiations, Indemnification Clauses, Merger Agreements

See all updates »

IRS Issues Proposed Regs on Rehabilitation Credit

The IRS has released 26 CFR Part 1, resolving questions regarding the five-year period to claim rehabilitation credits for qualified rehabilitation buildings (QRBs).  Prior to the proposed regulation, practitioners were unclear…more

IRS, Proposed Regulation, Real Estate Development, Rehabilitation Benefits, Tax Credits

See all updates »

CMS’s COVID-19 Long-Term Care Facility Guidance is an Invaluable Tool for Resident Care and Risk Mitigation

The COVID-19 pandemic has placed long-term care facilities at the forefront of an unprecedented battle to maintain heightened infection control standards while also managing limited resources. To help facilities manage these…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Emergency Management Plans, Health Care Providers, Health Care Workers

See all updates »

[Webinar] CLE Institute - Advertising and Customer Engagement in the Digital Age - November 12th, 3:00 pm - 4:30 pm ET

Social media and influencers. Online feedback and electronic oversight. Data protection and privacy. Managing the legal issues surrounding doing business online is a significant concern for many in-house counsel. Join us for a…more

Advertising, Best Practices, CAN-SPAM Act, Continuing Legal Education, Customers

See all updates »

MAEs and COVID-19: The Latest on Case Law

Amid widespread business disruptions and economic uncertainty caused by the COVID-19 pandemic, many companies are reviewing, re-evaluating and even terminating outright proposed mergers and acquisitions (M&A) agreements. The…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Material Adverse Effects

See all updates »

Signing Estate Planning Documents during the COVID-19 Pandemic

One of the most common questions being asked of estate planning attorneys lately is: “Is it possible to sign my will during the COVID-19 quarantine?” The same question can be asked with respect to other common estate planning…more

Coronavirus/COVID-19, Digital Signature Standards, E-Signatures, Estate Planning, Notarization

See all updates »

The Williams Mullen Financial Services & Real Estate Quarterly Newsletter

Goodbye LIBOR - Hello Operational Headache! A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost the…more

ALTA, Bankruptcy Code, Benchmarks, Consumer Bankruptcy, Interest Rates

See all updates »

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move through…more

Business Partners, Commercial Contracts, Commercial Leases, Commercial Tenants, Continuing Legal Education

See all updates »

Mergers and Acquisitions with PPP or EIDL Borrowers: Considerations for Buyers, Sellers, and Lenders

By now, most small business owners and their lenders are acutely aware of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted to provide emergency assistance and health care response for individuals and…more

Acquisitions, CARES Act, Economic Injury Disaster Loans, Federal Loans, Mergers

See all updates »

Estate Planning Adjustments for Tax Year 2020

Many estate planning provisions of the Internal Revenue Code contain brackets, exemptions, exclusions, deductions, or other figures that the Internal Revenue Service (IRS) adjusts annually for inflation.  Recently, the IRS…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

See all updates »

Patient Privacy Breach...All in a Day’s Work?

It is a health care provider’s nightmare – despite extensive HIPAA training and best efforts to hire the right people, one of your staff members has gone rogue with a patient’s information. Whether a receptionist loudly comments…more

Employer Liability Issues, Employment Policies, Health Care Providers, Healthcare Facilities, HIPAA

See all updates »

NC Grants Broad Immunity to Businesses for COVID-19 Related Illnesses

North Carolina Governor Roy Cooper has signed into law House Bill 118, which creates qualified immunity from legal liability over claims arising from the transmission of COVID-19. In this article, we provide a brief summary of…more

Coronavirus/COVID-19, Governor Cooper, Infectious Diseases, Negligence, New Legislation

See all updates »

[Webinar] Winter 2021 Tax Forum - January 27th, 11:00 am - 12:00 pm EST

Please join us for the Winter Tax Forum to be held virtually on Wednesday, January 27, 2021. ...join Anna Derewenda, Jenny Connors, Farhad Aghdami, and Kyle Wingfield for our virtual tax forum where they will cover recent…more

Continuing Legal Education, Income Taxes, Local Taxes, Qualified Small Business Stock, State Taxes

See all updates »

[Webinar] 2020 M&A Year in Review: Lessons Learned - December 15th, 11:00 am - 11:30 am EST

In just about every way, the world turned upside down in 2020. Deals were no exception. Whether it was incorporating a PPP payoff or forgiveness into deal terms, drafting MAE, interim operating covenants and working capital…more

Acquisitions, Business Interruption, Business Operations, Contract Drafting, Contract Negotiations

See all updates »

2020 Virginia Special Session Report

The 2020 Special Session began on Tuesday, Aug. 18, to address the forecasted budget shortfall, impacts directly associated with COVID-19, and the ongoing calls for social and criminal justice reforms. At the start of the…more

Coronavirus/COVID-19, Criminal Justice Reform, General Assembly, Governor Northam, Law Enforcement

See all updates »

CMS’s COVID-19 Long-Term Care Facility Guidance is an Invaluable Tool for Resident Care and Risk Mitigation

The COVID-19 pandemic has placed long-term care facilities at the forefront of an unprecedented battle to maintain heightened infection control standards while also managing limited resources. To help facilities manage these…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Emergency Management Plans, Health Care Providers, Health Care Workers

See all updates »

Paycheck Protection Program: After the Pay Comes the Chase

Federal Stimulus and Oversight - On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which included among its provisions the Paycheck Protection Program (“PPP”). The PPP…more

CARES Act, Coronavirus/COVID-19, False Claims Act (FCA), Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

Tax-Free Rollovers in Private M&A Transactions: LLC Asset vs. Stock Drop-Down (with Examples)

Companies with a history of consistent revenue growth and adjusted EBITDA make attractive acquisition targets for strategic and private equity buyers. Unlike a strategic buyer, which may have on hand a management team capable of…more

Acquisitions, Board of Directors, Corporate Governance, Limited Liability Company (LLC), Mergers

See all updates »

Ten Trademark Myths and How They Can Hurt Your Business

U.S. trademark law is a nuanced subject governed by both federal and state laws, and determining the scope of a parties’ trademark rights can be complex and highly fact specific. Nearly every company has at least one trademark;…more

Domain Names, Intellectual Property Protection, Trademark Infringement, Trademark Registration, Trademarks

See all updates »

CFPB Issues Proposed Rules Regulating Payday, Vehicle Title and Other Loans, as Permitted by Dodd-Frank

On Friday, July 22, 2016, the Consumer Financial Protection Bureau (the “Bureau”) published proposed rules and a request for public comment in the Federal Register to establish a new consumer regulation, 12 CFR 1041, which would…more

Consumer Financial Protection Bureau (CFPB), Payday Loans, Proposed Regulation, Public Comment, Title Loans

See all updates »

The Williams Mullen Financial Services & Real Estate Quarterly Newsletter

Goodbye LIBOR - Hello Operational Headache! A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost the…more

ALTA, Bankruptcy Code, Benchmarks, Consumer Bankruptcy, Interest Rates

See all updates »

[Webinar] Cryptocurrency and Blockchain Technology: What Financial Advisors Need to Know - May 28th, 11:00 am ET

Are you ready for the world of cryptocurrency? It is increasingly becoming an important—but complex—wealth transfer topic in estate planning. In order to properly advise clients and manage their portfolios, accountants and…more

Accountants, Blockchain, Continuing Legal Education, Cryptocurrency, Distributed Ledger Technology (DLT)

See all updates »

Key North Carolina CON Petition Deadlines (chart included)

Now is the time for providers to consider filing (or re-filing) a Petition as North Carolina’s State Health Coordinating Council (SHCC) begins its efforts to prepare the document that will define opportunities to develop…more

Applications, Certificate of Need, Filing Deadlines, Healthcare Facilities, Hospitals

See all updates »

Virginia’s Air Pollution Control Board Implements Environmental Justice Initiative

The Virginia Department of Environmental Quality’s (DEQ’s) new Environmental Justice (EJ) Initiative announced October 16, 2020 is in motion and moving in parallel before the State Air Pollution Control Board (Air Board). The EJ…more

Air Pollution, Department of Environmental Quality, Energy Sector, Environmental Justice, Environmental Policies

See all updates »

NC Grants Broad Immunity to Businesses for COVID-19 Related Illnesses

North Carolina Governor Roy Cooper has signed into law House Bill 118, which creates qualified immunity from legal liability over claims arising from the transmission of COVID-19. In this article, we provide a brief summary of…more

Coronavirus/COVID-19, Governor Cooper, Infectious Diseases, Negligence, New Legislation

See all updates »

The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many individuals…more

ADA, CDC, Coronavirus/COVID-19, EEOC, Employment Policies

See all updates »

ITAR for Facility Security Officers

Tom McVey and Rosanne Jacuzzi of Williams Mullen discuss important issues under ITAR and EAR for FSOs and other compliance professionals, including requirements under the law and strategies for compliance…more

Classified Information, Commerce Control List, Compliance, Criminal Sanctions, Defense Sector

See all updates »

U.S. Attorney for the Eastern District of VA Establishes Civil Rights Enforcement Unit

The U.S. Attorney for the Eastern District of Virginia (EDVA), G. Zachary Terwilliger, announced he is creating a Civil Rights Enforcement Unit in his office that will be dedicated to enforcing the rights of persons with…more

ADA, Civil Rights Act, Enforcement Authority, Military Service Members, Servicemembers’ Civil Relief Act

See all updates »

[Webinar] COVID-19 Comeback Convention - December 3rd, 8:30 am - 11:00 am ET

Insights and Ideas to Expedite Your Business Recovery in 2021 - Join us for the COVID-19 Comeback Convention, a virtual convention comprised of brief presentations tailored to meet the needs of senior executives and leaders…more

Borrowers, Business Development, Business Losses, Business Strategies, Business Taxes

See all updates »

Rule No. 1 When Facing a Zoning Violation in N.C.

On February 19, 2019, the North Carolina Court of Appeals, in an unpublished decision, held that “When a landowner fails timely to appeal a notice of zoning ordinance violation to a local board of adjustment as provided in the…more

Appeals, Local Ordinance, Property Owners, Statutory Violations, Subject Matter Jurisdiction

See all updates »

[Webinar] 2020 M&A Year in Review: Lessons Learned - December 15th, 11:00 am - 11:30 am EST

In just about every way, the world turned upside down in 2020. Deals were no exception. Whether it was incorporating a PPP payoff or forgiveness into deal terms, drafting MAE, interim operating covenants and working capital…more

Acquisitions, Business Interruption, Business Operations, Contract Drafting, Contract Negotiations

See all updates »

North Carolina Distillery and ABC Modernization Bill Signed into Law

On July 29, 2019, Governor Cooper signed SB290 into law.  The bill makes major changes to North Carolina alcohol laws, including allowing distilleries to sell unlimited bottles directly from the distillery and to sell mixed…more

Alcohol Beverage Control, Beer, Distilleries, New Legislation, Permits

See all updates »

Opening of Main Street Lending Program

On June 15, 2020, the Federal Reserve Bank of Boston announced the opening of the Main Street Lending Program for lender registration with the improved terms announced last week. The program is intended to benefit small and…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Relief Measures

See all updates »

Leasing Up Summer 2020: What We've Learned and How to Move Forward

Part of the 2020 Business Solutions Series presented by Williams Mullen and the Hampton Roads Alliance Real estate attorneys Alyssa Carducci Embree, Ryan C. Kenrick and Tyler J. Rosá discuss the following topics: · …more

Contract Termination, Coronavirus/COVID-19, Land Developers, Landlords, Lease Term

See all updates »

EPA Says No Risk from CERCLA Financial Assurance Exemptions for Three Named Industries

EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. …more

CERCLA, Chemicals, Coal Industry, Contamination, Environmental Policies

See all updates »

Can I Postpone or Cancel My Sweepstakes, Contest, Raffle or Other Promotion Because of Coronavirus (COVID-19)?

Sweepstakes, contests, raffles, and other promotions can be a fantastic way to engage with your customers and build brand awareness. Many companies have launched such promotions prior to COVID-19 and may now wish to cancel or…more

Contests & Promotions, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

See all updates »

Treasury Department Leverages PPP Forgiveness to Require Employers to Disclose Job Offer Rejections to State Unemployment Agencies

As uncertainty surrounding loan forgiveness under the CARES Act’s Paycheck Protection Program (PPP) continues to loom over the heads of small business owners throughout the nation, the Department of the Treasury issued an…more

Coronavirus/COVID-19, Interim Final Rules (IFR), Job Offers, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

Williams Mullen's COVID-19 Comeback Plan: Part II – Doing Business With the Commonwealth of Virginia

In the second installment of the “Doing Business With the Commonwealth of Virginia” video series, the Hon. David Albo, chair of the Government Relations Group; Elizabeth Rafferty,* Director of Government Relations; and Bob…more

Certifications, Federal Contractors, Minority-Owned Businesses, Procurement Guidelines, SDVOSB

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Williams Mullen On Call - November 2017

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department of…more

Administrative Appeals, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, HIPAA

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North Carolina Department of Revenue Expands Penalty Relief for Taxpayers Affected by COVID-19

On March 31, 2020, the North Carolina Department of Revenue (NCDOR) announced that it is expanding tax relief as part of Governor Roy Cooper’s response to the COVID-19 outbreak. Pursuant to the guidance, the NCDOR will not…more

Department of Revenue, Governor Cooper, Relief Measures, Tax Relief

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Williams Mullen's COVID-19 Comeback Plan: Landlord and Tenant Negotiations for Existing Commercial Leases Amid the COVID-19 Pandemic

Real Estate Partners Alyssa Carducci Embree and Robby Lawson discuss the responsibility for rent relief during a forced closure, landlord/tenant workouts for tenant’s continued operation in the premises, and tenant exit…more

Business Closures, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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SEC Expands the Definition of Accredited Investor

On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), to add additional…more

Accredited Investors, Amended Rules, Final Rules, Publicly-Traded Companies, Regulation D

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[Webinar] Been There, Done That: How Startups Can Succeed with Experienced Legal Advisors - October 28th, 11:00 am - 12:00 pm ET

Williams Mullen is partnering with Startup Virginia, a nonprofit organization that helps entrepreneurs of high-growth startups reach their full potential, for a program that showcases the value gained by engaging experienced…more

Business Advice, Business Development, Early Stage Companies, Emerging Growth Companies, Entrepreneurs

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Yahoo! Settlement Affirms SEC's Focus on Cybersecurity Disclosures

In late April 2018, the SEC and Altaba (formerly known as Yahoo!) agreed to a $35 million penalty to settle charges that Yahoo! misled investors by failing to disclose to investors its December 2014 data breach in which hackers…more

Cybersecurity, Data Breach, Disclosure Requirements, Failure To Disclose, SEC

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How Telehealth Regulations Have Changed in North Carolina, Virginia and South Carolina During the COVID-19 Emergency

Prior to the COVID-19 public health emergency, telehealth services were generally restricted to routine visits for patients residing in rural areas. This was in part to prevent health care fraud and abuse…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Emergency Response, Health Care Providers, Medicaid

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Upcoming Deadline to Comply with Amended Hospital Licensure Regulations

Virginia hospitals have until November 14, 2018, to comply with upcoming changes to Virginia’s hospital licensure regulations. The regulatory amendments are required by legislation approved during the 2018 General Assembly…more

Amended Regulation, Emergency Rooms, Filing Deadlines, General Assembly, Hospitals

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Williams Mullen's Comeback Plan: Part I – State & Local Tax (SALT) Compliance During COVID-19: What to Do When You’re Behind

Tax partners Stephanie Lipinski Galland and Kyle Wingfield summarize what you can do if you have not filed your state and local taxes or if you are unable to pay your tax bills due to the COVID-19 pandemic. Topics include offers…more

Coronavirus/COVID-19, Federal Taxes, Income Taxes, IRS, Local Taxes

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Back to Business: Land Use Matters & Public Hearings in Virginia

While the impact of the COVID-19 pandemic on the real estate development industry remains unclear, state government leaders in Virginia took important action this week to allow local public bodies to review and act upon land use…more

Construction Project, Coronavirus/COVID-19, Executive Orders, Governor Northam, Public Hearing

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Recent Developments in Virginia and North Carolina Concerning the Department of Labor and Industry’s COVID-19 Regulations

Virginia Developments - Readers will no doubt recall that, during the week of July 27, 2020, the Virginia Department of Labor and Industry adopted an Emergency Temporary Standard concerning COVID-19 and how employers were to…more

Coronavirus/COVID-19, Emergency Rule, Employer Responsibilities, Governor Northam, State Labor Departments

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The Benefits of Commercial Item Contracting

Commercial Item Contracting is intended to benefit both the government and contractors, but those benefits can sometimes get lost in the shuffle. Reminding the parties why Commercial Item Contracting was implemented can help…more

Commercial Contracts, Commercial Item Determinations, Compliance, Contract Terms, Federal Acquisition Regulations (FAR)

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Are Jurisdictional Determinations Valid only for Five Years?

As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its…more

Clean Water Act, Jurisdictional Determination (JD), Permits, Section 404, US Army Corps of Engineers

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U.S. Attorney for the Eastern District of VA Establishes Civil Rights Enforcement Unit

The U.S. Attorney for the Eastern District of Virginia (EDVA), G. Zachary Terwilliger, announced he is creating a Civil Rights Enforcement Unit in his office that will be dedicated to enforcing the rights of persons with…more

ADA, Civil Rights Act, Enforcement Authority, Military Service Members, Servicemembers’ Civil Relief Act

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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

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PODCAST: Williams Mullen's Benefits Companion - Plan Administrators’ 2020 Year-End Checklist

On the latest episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by colleague Nona Massengill to discuss important steps that plan administrators need to take before the end of 2020. They will…more

401k, Benefit Plan Sponsors, Deferred Compensation, Employee Benefits, Employer Group Health Plans

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Williams Mullen Construction Industry Newsletter - Winter/Spring 2015

In this Issue: - Welcome - Williams Mullen Announces Coastal Flooding Practice - Federal Government Contracts - New Challenges - Green Certification - Bankruptcy and Virginia Mechanic’s…more

Coastal Real Estate, Commercial Bankruptcy, Construction Industry, Federal Contractors, Flood Zones

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Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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Williams Mullen's COVID-19 Comeback Plan: Identifying IP Opportunities in Today’s Economy

COVID-19 has taken a significant toll on a variety of businesses, and despite their best efforts, some may end up in bankruptcy. For those businesses, selling IP assets may enable them to find liquidity to satisfy creditors and…more

Brand, Business Assets, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

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Understanding the OFAC Sanctions Laws: Requirements for U.S. Companies

It seems almost every day there are reports of new developments under the U.S. sanctions laws. Yet many U.S. companies do not understand the significance of these laws…more

Chief Compliance Officers, Compliance, Economic Sanctions, Export Administration Regulations (EAR), Human Rights

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Game Place Decision Legislation Signed

On February 13, 2019, the Governor signed into law House Bill 2287. This legislation negates the potential adverse consequences of the Virginia Supreme Court’s May 2018 decision in The Game Place, L.L.C. v. Fredericksburg 35,…more

Commercial Leases, Commercial Tenants, Deeds, Landlords, Leases

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Understanding Real Estate Tax Assessment Procedures

If the locality where your company’s real property is situated went through a revaluation of real property for tax purposes effective as of January 1, 2014, your company should soon be receiving a notice of assessment. You may…more

Property Tax, Real Estate Market, Tax Assessment

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[Webinar] COVID-19 Comeback Convention - December 3rd, 8:30 am - 11:00 am ET

Insights and Ideas to Expedite Your Business Recovery in 2021 - Join us for the COVID-19 Comeback Convention, a virtual convention comprised of brief presentations tailored to meet the needs of senior executives and leaders…more

Borrowers, Business Development, Business Losses, Business Strategies, Business Taxes

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Governor Cooper Issues "Modified Stay at Home" Order Effective December 11th

On December 8, 2020, Governor Cooper issued a “modified Stay at Home” order (Executive Order 181) effective Friday, December 11th at 5pm until January 8th.  The Modified Stay at Home Order: ..Requires people to stay at…more

Coronavirus/COVID-19, Emergency Response, Executive Orders, Governor Cooper, Public Health Emergency

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Williams Mullen's Comeback Plan: Part IV - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

In the final installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy and…more

Banking Sector, Banks, Borrowers, Commercial Bankruptcy, Commercial Loans

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Williams Mullen's COVID-19 Comeback Plan: Leveraging Your Existing IP & Previous Marketing Campaigns to Attract Customers

IP attorneys Craig Mytelka and Alex Gabriel discuss how you can reinvigorate your business by raising its profile in a cost-effective manner. Topics include: • Auditing your existing IP portfolios, particularly trademarks and…more

Business Development, Copyright, IP Portfolio, Marketing, Slogans

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OSHA's Planning Guidance to Employers About Hardening Workplaces Against Coronavirus

As the federal agency charged with the responsibility for assuring safe and healthful conditions for American workers, it’s no surprise that OSHA has added its voice to the clamor over Coronavirus Disease 2019 (COVID-19).  OSHA…more

CDC, Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Infectious Diseases

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DHS Issues Final Rule to Modify H-1B Lottery and Prioritize Higher Salaries

On January 8th, the U.S. Department of Homeland Security published a final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of…more

Biden Administration, Department of Homeland Security (DHS), Diversity Lottery, Final Rules, H-1B

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Virginia SCC Adopts Shared Solar Regulations and Establishes Shared Solar Program

On December 23, 2020, the Virginia State Corporation Commission (the “Commission”) issued an Order (the “Order”) adopting Rules Governing Shared Solar Program, 20 VAC 5-340-10 et seq. (the “Rules”), effective as of January 1,…more

Community Shared Solar, Electricity, Investor-Owned Utilities, Solar Energy, State and Local Government

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IRS Issues Proposed Regs on Rehabilitation Credit

The IRS has released 26 CFR Part 1, resolving questions regarding the five-year period to claim rehabilitation credits for qualified rehabilitation buildings (QRBs).  Prior to the proposed regulation, practitioners were unclear…more

IRS, Proposed Regulation, Real Estate Development, Rehabilitation Benefits, Tax Credits

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State Attorneys General Served “home cooking” by the Supreme Court of the United States

On January 14, 2014, in Mississippi v. AU Optronics Corp., the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and cannot be…more

Attorney General, CAFA, Class Action, Parens Patriae, Removal

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[Event] Long-Term Care Conference - October 18th, Richmond, VA

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,…more

CEOs, CFOs, COOs, Employer Liability Issues, Events

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[Webinar] Land Use and Permitting Utility Scale Solar Projects in Virginia - April 30th, 11:00am ET

As the number of solar projects has increased in Virginia, developers are confronting a more challenging environment in securing land use and zoning approval for their utility scale solar projects. Join Williams Mullen for our…more

Decommissioned Facilities, Energy Projects, Land Use Restrictions, Land-Use Permits, Operational Permits

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Tax-Free Rollovers in Private M&A Transactions: LLC Asset vs. Stock Drop-Down (with Examples)

Companies with a history of consistent revenue growth and adjusted EBITDA make attractive acquisition targets for strategic and private equity buyers. Unlike a strategic buyer, which may have on hand a management team capable of…more

Acquisitions, Board of Directors, Corporate Governance, Limited Liability Company (LLC), Mergers

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[Webinar] 2020 M&A Year in Review: Lessons Learned - December 15th, 11:00 am - 11:30 am EST

In just about every way, the world turned upside down in 2020. Deals were no exception. Whether it was incorporating a PPP payoff or forgiveness into deal terms, drafting MAE, interim operating covenants and working capital…more

Acquisitions, Business Interruption, Business Operations, Contract Drafting, Contract Negotiations

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Williams Mullen's Comeback Plan: North Carolina’s COVID-19 Job Retention Program

Corporate attorney Amish Patel summarizes N.C. House Bill 1023, which created the COVID-19 Job Retention Program and provides a high-level overview of major economic development incentives in North Carolina…more

Coronavirus/COVID-19, Economic Development, Employee Retention, Hiring & Firing, Incentives

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Combined Federal, VA and NC Government Resources for COVID-19

COVID-19 Key Resource List (Virginia): Commonwealth of Virginia Official COVID-19 Website - This website is a comprehensive resource that provides information pertaining to official actions, guidance, updates, and…more

Coronavirus/COVID-19, Emergency Management Plans, Governor Cooper, Governor Northam, Public Health Emergency

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Dominion’s Proposed Renewable Energy Tariffs are Denied by Virginia State Corporation Commission

On May 7, 2018, the Virginia State Corporation Commission (the “Commission”) issued a Final Order (the “Order”) denying the request of Virginia Electric and Power Company (“Dominion”) for approval of six renewable energy tariffs…more

Electricity, Public Utility, Renewable Energy, Tariffs, Utility Rates

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[Webinar] Tax Planning: 2020 & Beyond - October 28th, 12:00 pm - 1:00 pm EST

2020 has been an uncertain year on many fronts. As we head towards year-end, we’ve seen an uptick of questions and concerns from our clients on navigating potential rate changes that could occur pending the outcome of the…more

Federal Taxes, Income Taxes, Joe Biden, Presidential Elections, Tax Planning

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[Webinar] CLE Institute - Justice is Collar Blind - October 8th, 3:00 pm - 4:30 pm ET

This program will trace investigatory tactics and legal concepts from their blue-collar roots and discuss their application in a white-collar context, including: - Discussion of how the criminal justice system, and the laws…more

Continuing Legal Education, Criminal Investigations, Criminal Liability, Criminal Prosecution, DOJ

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Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National…more

Clean Water Act, Criminal Negligence, Discharge of Pollutants, Environmental Violations, EPA

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Legal Risks in Sharing Geolocation Data with Government Agencies

According to published reports, federal, state and local government agencies are receiving anonymized geolocation data (geolocation data) from businesses to monitor the movements of individuals to address COVID-19. Similar…more

Coronavirus/COVID-19, Data Collection, Data-Sharing, Geolocation, Government Agencies

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Williams Mullen's Trending Now - An IP Podcast - Intellectual Contracts

On the latest episode of Williams Mullen's Trending Now - An IP Podcast, Amy Pruett is joined by Janet Cho and Ed White to discuss approaches to IP-related agreements during a pandemic…more

Copyright, Coronavirus/COVID-19, Intellectual Property Protection, IP Assignment Agreements, IP License

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Governor Northam’s New Steps for COVID-19 Vaccination Efforts

Virginia has announced the phased approach that the Commonwealth will take to ensure critical populations will receive a COVID-19 vaccine, following guidance developed by the Centers for Disease Control and Prevention (CDC) and…more

ACIP, CDC, Coronavirus/COVID-19, Governor Northam, Pharmaceutical Distribution

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Congress Provides New Round of COVID-19 Relief

The Consolidated Appropriations Act, including the Taxpayer Certainty and Disaster Relief Act 2020 (collectively, the “Act”) was signed into law on December 27, 2020. The Act expands prior COVID-19 relief and includes new…more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Employee Retention, Families First Coronavirus Response Act (FFCRA)

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Combined Federal, VA and NC Government Resources for COVID-19

COVID-19 Key Resource List (Virginia): Commonwealth of Virginia Official COVID-19 Website - This website is a comprehensive resource that provides information pertaining to official actions, guidance, updates, and…more

Coronavirus/COVID-19, Emergency Management Plans, Governor Cooper, Governor Northam, Public Health Emergency

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U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Company (LLC), Operating Agreements

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Virginia’s Tourism Development Financing Program Gains Steam Around the State

The unique financing alternative afforded to tourism project developers under Virginia Code Section 58.1-3851.1 creates exciting opportunities for growth in tourism and resort areas throughout the state. The expected development…more

Economic Development, Hospitality Industry, Project Finance, Public Financing, Real Estate Development

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Summary of the Virginia Clean Economy Act (VCEA) and Other Renewable Energy Bills

After an extremely busy session, the Virginia General Assembly adjourned its 2020 legislative session on March 12th. The 2020 legislative session was a blockbuster year for clean energy legislation with the passage of several…more

Clean Energy, Energy Sector, General Assembly, Pending Legislation, Renewable Energy

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Patient Privacy Breach...All in a Day’s Work?

It is a health care provider’s nightmare – despite extensive HIPAA training and best efforts to hire the right people, one of your staff members has gone rogue with a patient’s information. Whether a receptionist loudly comments…more

Employer Liability Issues, Employment Policies, Health Care Providers, Healthcare Facilities, HIPAA

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Money, Dirt and Steel: Year End 2016

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action…more

Anti-Alienation Provisions, Color of Title, Condominium Associations, Easements, Foreclosure

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[Webinar] Land Use and Permitting Utility Scale Solar Projects in Virginia - April 30th, 11:00am ET

As the number of solar projects has increased in Virginia, developers are confronting a more challenging environment in securing land use and zoning approval for their utility scale solar projects. Join Williams Mullen for our…more

Decommissioned Facilities, Energy Projects, Land Use Restrictions, Land-Use Permits, Operational Permits

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Rowland v. Warrenton: Rezoning by Proffer Statement & After Planning Commission Denial

On May 28, 2020, the Virginia Supreme Court issued its decision in the case of Rowland v. Town Council of Warrenton, 842 S.E. 398 (2020). The case provides useful insight and practical tools for those navigating the rezoning…more

City Planning Departments, Mixed-Use Zoning, Real Estate Development, Urban Planning & Development, VA Supreme Court

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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

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Biosimilar “Patent Dance” Does Not Permit Sidestepping of 180-Day Notice

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) unanimously ruled in Amgen v. Apotex that biosimilar makers must provide brand-name rivals with a 180-day notice only after receipt of approval…more

Amgen, Apotex, Biosimilars, BPCIA, Commercial Marketing

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The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many individuals…more

ADA, CDC, Coronavirus/COVID-19, EEOC, Employment Policies

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Recent Virginia Land Use Laws Provide New Tools for Solar Developers

Recent Virginia legislation, effective July 1, 2020, provides solar developers with several new tools to consider when seeking land use approval for utility-scale solar projects.  The first tool, “siting agreements,” allows…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy, Tax Cuts and Jobs Act

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Key North Carolina CON Petition Deadlines (chart included)

Now is the time for providers to consider filing (or re-filing) a Petition as North Carolina’s State Health Coordinating Council (SHCC) begins its efforts to prepare the document that will define opportunities to develop…more

Applications, Certificate of Need, Filing Deadlines, Healthcare Facilities, Hospitals

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Unintended Impacts of PPP Loans Under Existing Credit Agreements

Many businesses have joined the scramble that has taken place during the last weeks to secure a Paycheck Protection Program (PPP) loan. In many cases, such a loan will be key to being able to pay the wages and salaries of staff…more

CARES Act, Coronavirus/COVID-19, Credit Agreements, Federal Loans, Financial Stimulus

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PTAB Adopts Phillips Claim Construction Standard for AIA Challenges

Last week, the U.S. Patent and Trademark Office (“Patent Office”) published its Final Rule Package modifying the claim construction standard used in challenges before the Patent Trial and Appeal Board (“PTAB”), including Inter…more

America Invents Act, Claim Construction, Covered Business Method Patents, Final Rules, Inter Partes Review (IPR) Proceeding

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The New US Rules for Export Trade with Hong Kong

Earlier this year, the U.S. Government initiated a series of actions to address the People’s Republic of China’s continuing efforts to undermine the autonomy of the Special Administrative Region of Hong Kong (Hong Kong). Those…more

China, Economic Sanctions, Export Administration Regulations (EAR), Export Controls, Foreign Financial Institutions (FFI)

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[Webinar] AIPLA Women in IP - Virtual Global Networking Event - September 29th, 12:00 pm - 1:00 pm EST

A Roundtable Discussion on Being a Woman in the IP Legal Industry - Join us for an open and honest roundtable discussion between our panelists and hosts, with prompts for you to join in on the conversation, about challenges…more

Career Development, Intellectual Property Litigation, Law Firm Associates, Law Firm Partners, Leadership

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[Webinar] Get What You Pay For: IP Due Diligence in M&A Transactions - August 20th, 11:00am ET

Join Williams Mullen Partner Aaron Spencer as he interviews Rob Van Arnam, the firm’s Intellectual Property Section Chair, for a short but in-depth dive into key IP considerations within an M&A transaction…more

Acquisitions, Complex Corporate Transactions, Corporate Liability, Due Diligence, Intellectual Property Protection

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[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move through…more

Business Partners, Commercial Contracts, Commercial Leases, Commercial Tenants, Continuing Legal Education

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CARES Act Offers Relief to Multifamily Borrowers with Federally Backed Loans

Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or Act), certain borrowers of loans secured by mortgages held by Fannie Mae and Freddie Mac, or insured by HUD, may request a temporary forbearance from…more

CARES Act, Coronavirus/COVID-19, Fannie Mae, Forbearance Agreements, Freddie Mac

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Critical Legal Updates for Federal Contractors and Subcontractors

Executive Order Bans Federal Contractors from Providing Implicit Bias Training - In response to ongoing social justice protests and the heightened sense of awareness pertaining to matters of racial equity, many employers…more

Bias, Civil Rights Act, Colleges, Deregulation, Diversity

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IRS Extends Historic Tax Credit Substantial Rehabilitation Deadline

On July 30, 2020, the IRS issued Notice 2020-58 (“Notice”) as part of the federal government’s emergency response to the COVID-19 pandemic and mandate “to provide relief from tax deadlines to Americans who have been adversely…more

Coronavirus/COVID-19, Historical Rehabilitation, Relief Measures, Tax Credits, Time Extensions

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Williams Mullen's COVID-19 Comeback Plan: Part I - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

In this first installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy and…more

Banking Sector, Banks, Borrowers, Commercial Loans, Default

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Emergency Preparedness and Prevention under the Hazardous Waste Generator Improvements Rule

Generators of hazardous waste have long understood the importance of emergency preparedness and prevention to regulatory compliance and facility safety.  Contingency planning and coordination with emergency service providers…more

Emergency Management Plans, Hazardous Waste, RCRA

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Williams Mullen's COVID-19 Comeback Plan: Identifying IP Opportunities in Today’s Economy

COVID-19 has taken a significant toll on a variety of businesses, and despite their best efforts, some may end up in bankruptcy. For those businesses, selling IP assets may enable them to find liquidity to satisfy creditors and…more

Brand, Business Assets, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

See all updates »

Back to Business: Land Use Matters & Public Hearings in Virginia

While the impact of the COVID-19 pandemic on the real estate development industry remains unclear, state government leaders in Virginia took important action this week to allow local public bodies to review and act upon land use…more

Construction Project, Coronavirus/COVID-19, Executive Orders, Governor Northam, Public Hearing

See all updates »

Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the United States Supreme Court addressed two securities class action issues: 1. It affirmed the validity of the…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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DOJ Defers to States for CWA Enforcement

The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden…more

Clean Water Act, DOJ, Enforcement Actions, Enforcement Authority, Environmental Violations

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Department of Labor Issues Final Rule on Employee Misclassification

The United States Department of Labor (DOL) on Wednesday announced publication of its Final Rule addressing independent contractor misclassification under the federal Fair Labor Standards Act. The Final Rule (Rule) was scheduled…more

Department of Labor (DOL), Final Rules, FLSA, Independent Contractors, Misclassification

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NC Grants Broad Immunity to Businesses for COVID-19 Related Illnesses

North Carolina Governor Roy Cooper has signed into law House Bill 118, which creates qualified immunity from legal liability over claims arising from the transmission of COVID-19. In this article, we provide a brief summary of…more

Coronavirus/COVID-19, Governor Cooper, Infectious Diseases, Negligence, New Legislation

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NEPA Challenges to Permits Lead to Project Delays

The United States District Court for the Western District of Washington recently entered an order vacating U.S. Army Corps of Engineers permits issued pursuant to the Clean Water Act (CWA) and Rivers and Harbors Act (RHA). The…more

Clean Water Act, Environmental Impact Statements, NEPA, Permits, Summary Judgment

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PODCAST: Williams Mullen's Trending Now: An IP Podcast - BREXIT: Its Effect on UK Copyrights and What You Need to Know in the Transition

This podcast, led by Janet Cho and Ed White—partners in the intellectual property practice at Williams Mullen—addresses the acquisition and maintenance of copyright rights in the United Kingdom. It also discusses potential…more

Copyright, EU, Intellectual Property Protection, IP Portfolio, UK

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What’s the Fuss for NOx Sources in Upwind States?

Congress addressed the issue of interstate transport of air pollution in the Clean Air Act by enacting a “Good Neighbor Provision.” That provision requires upwind states to eliminate their contributions to air pollution in…more

Air Pollution, Clean Air Act, Cross-State Air Pollution, Electricity, EPA

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Department of Labor Issues Final Rule on Employee Misclassification

The United States Department of Labor (DOL) on Wednesday announced publication of its Final Rule addressing independent contractor misclassification under the federal Fair Labor Standards Act. The Final Rule (Rule) was scheduled…more

Department of Labor (DOL), Final Rules, FLSA, Independent Contractors, Misclassification

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[Webinar] Winter 2021 Tax Forum - January 27th, 11:00 am - 12:00 pm EST

Please join us for the Winter Tax Forum to be held virtually on Wednesday, January 27, 2021. ...join Anna Derewenda, Jenny Connors, Farhad Aghdami, and Kyle Wingfield for our virtual tax forum where they will cover recent…more

Continuing Legal Education, Income Taxes, Local Taxes, Qualified Small Business Stock, State Taxes

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Exempt Organization Application Revisions and Required Electronic Submission

Earlier this year, the IRS revised Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, and its instructions, to help charities apply for 501(c)(3) tax-exempt status. In an…more

Electronic Filing, Exempt Organizations, Internal Revenue Code (IRC), IRS, Nonprofits

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Combined Federal, VA and NC Government Resources for COVID-19

COVID-19 Key Resource List (Virginia): Commonwealth of Virginia Official COVID-19 Website - This website is a comprehensive resource that provides information pertaining to official actions, guidance, updates, and…more

Coronavirus/COVID-19, Emergency Management Plans, Governor Cooper, Governor Northam, Public Health Emergency

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SEC Expands the Definition of Accredited Investor

On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), to add additional…more

Accredited Investors, Amended Rules, Final Rules, Publicly-Traded Companies, Regulation D

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JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

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

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

California Privacy Rights

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

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

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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