Allen Matkins

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865 South Figueroa Street, 28th Floor
Los Angeles, CA 90017, United States
Phone: 213-622-5555

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Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys
100+ Attorneys

Recent Changes to the Tax Matters Partner Designation May Prove Costly to the Unwary

One choice all joint venture devotees face in negotiating each new venture is who to designate as the tax matters partner. Recent changes to the law make this decision much more important and may prove costly to those who are…more

Audits, Bipartisan Budget, IRS, Joint Venture, Partnership Agreements

See all updates »

New Proposition 65 Regulation Intended to Assist Residential Rental Property Owners Offers a Mixed Bag

The California Office of Health Hazard Assessment (OEHHA), the agency charged with carrying out the Safe Drinking Water and Toxics Enforcement Act of 1986 (aka Proposition 65), recently finalized regulations which take effect on…more

OEHHA, Proposition 65, Residential Property Owners, Warning Labels

See all updates »

New Poster Required for California Employers

Over a year ago, the California Legislature passed the New Parent Leave Act (NPLA), which expanded the availability of baby-bonding benefits to smaller employers (those with at least 20 employees). Prior law had restricted this…more

California Family Rights Act (CFRA), FMLA, Parental Leave, Posting Requirements

See all updates »

Ninth Circuit Decides Issue of First Impression Regarding Referral Fees Paid from a Ponzi Scheme

The Ninth Circuit recently issued an unpublished decision in Hoffman v. Markowitz, Case No. 17-56290 (C.D. Cal., Dec. 24, 2018), holding that referral fees paid from a Ponzi scheme are subject to avoidance under the California…more

First Impression, Investors, Ponzi Scheme, Referral Fees, Uniform Voidable Transactions Act (UVTA)

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

What California Businesses Can Learn From Hurricane Harvey

Texas and Louisiana have yet to dry out from Hurricane Harvey, and Hurricane Irma, a Category 5 storm, is barreling toward Puerto Rico and the U.S. mainland, followed in short order by Hurricane Jose. According to the United…more

Business Interruption, Hurricane Harvey, Hurricane Irma, Hurricane Season, Insurance Claims

See all updates »

Is A Trust Always A Person?

Yesterday's post discussed Justice Grimes' opinion that while a trust must always act through a trustee, a trust is a "person" that may associate in a partnership under the California Uniform Partnership Act of 1994 (Cal. Corp…more

Corporate Entities, Corporations Code, Estate Planning, General Corporation Law, Partnerships

See all updates »

California Supreme Court Upholds Referendum Challenges to Zoning Amendments, Even When Temporary Zoning Inconsistencies Ensue

The California Supreme Court held last week that a referendum petition may be used to challenge a zoning ordinance amendment intended to make a city's zoning consistent with its general plan. In City of Morgan Hill v. Bushey…more

Appeals, CA Supreme Court, Local Ordinance, Referendums, Zoning Laws

See all updates »

Update to Price Gouging Prohibitions in Disaster Zones

California's 2017 wildfire season – which caused at least 47 deaths, and destroyed approximately 1.4 million acres of land and 11 thousand structures – was unprecedented at the time, both in scope and destruction. Following the…more

Natural Disasters, Penalties, Price Gouging, Rental Property

See all updates »

California Building Owners and Contractors: Act before January 1, 2018, to Minimize Risks of Non-Paying Subcontractors

This past weekend Governor Brown signed AB 1701, a bill that requires direct contractors to pay any wages, fringe benefits, or other benefit payments or contributions owed by a defaulting subcontractor, plus interest. This new…more

Construction Contracts, Governor Brown, Property Owners, Subcontractors

See all updates »

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access Specialist…more

Accessibility Rules, CASp, Commercial Leases, Commercial Real Estate Market, Commercial Tenants

See all updates »

What to Expect Under California's "New" Dredged or Fill Discharge Procedures

On April 2, 2019, the State Water Resources Control Board (State Water Board) adopted new rules entitled "Procedures for Discharges of Dredged or Fill Material to Waters of the State" (the "Procedures"). The State Water Board…more

Dredge and Fill, State Water Boards, US Army Corps of Engineers, Water, Water Resources Control Board

See all updates »

Entities Engaged Solely In The Enforcement of Security Interests Are Not "Debt Collectors" Under The Fair Debt Collection Practices Act

The United States Supreme Court recently issued a unanimous decision in Obduskey v. McCarthy & Holthus LLP holding that entities engaged in the principal purpose of enforcing security interests are not, with limited exceptions,…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

See all updates »

Sustainable Development and Land Use Update - May 2019 #3

Focus - Major California housing bill put on hold until 2020 - San Francisco Chronicle - May 16 - A controversial measure to revamp local development rules in California by promoting denser housing around public transit and…more

Affordable Housing, Agricultural Sector, Environmental Policies, Popular, Sustainability

See all updates »

New Proposition 65 Regulation Intended to Assist Residential Rental Property Owners Offers a Mixed Bag

The California Office of Health Hazard Assessment (OEHHA), the agency charged with carrying out the Safe Drinking Water and Toxics Enforcement Act of 1986 (aka Proposition 65), recently finalized regulations which take effect on…more

OEHHA, Proposition 65, Residential Property Owners, Warning Labels

See all updates »

Will Your Indemnity Clauses be Unenforceable on January 1, 2013?

Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your indemnity…more

Contractors, Indemnity Agreements, Subcontractors

See all updates »

Regulatory Forecast for California Industrial Real Estate Market: Unsettled

Economic forecasting is much easier than permit and regulatory forecasting, and nowhere more so than when it comes to industrial development and the local, state and federal agencies that control growth, particularly in…more

Economic Development, Real Estate Development, Real Estate Market

See all updates »

California Environmental Law & Policy Update - May 2019 #3

Focus - BLM to open federal lands in Central California to expanded oil and gas drilling - Los Angeles Times - May 9 - The Bureau of Land Management (BLM) announced finalized plans last Thursday to open 725,500 acres of…more

Endangered Species, Federal Land, Oil & Gas, Superfund, Water

See all updates »

California Environmental Law & Policy Update - May 2019 #3

Focus - BLM to open federal lands in Central California to expanded oil and gas drilling - Los Angeles Times - May 9 - The Bureau of Land Management (BLM) announced finalized plans last Thursday to open 725,500 acres of…more

Endangered Species, Federal Land, Oil & Gas, Superfund, Water

See all updates »

California Expands the Use of Defibrillators in Buildings

Effective January 1, 2020, California Senate Bill 1397 will require certain buildings constructed prior to January 1, 2017, must have a defibrillator under certain circumstances…more

Compliance, Health and Safety, Landlords

See all updates »

Renewable Energy Update - May 2019 #3

Focus - U.S. surpasses 2 million solar installations - Solar Power World - May 9 - The U.S. is now home to more than 2 million solar PV installations, according to Wood Mackenzie Power & Renewables and the Solar Energy…more

Climate Change, Energy Sector, Energy Storage, ITC, Microgrids

See all updates »

California Supreme Court Upholds Referendum Challenges to Zoning Amendments, Even When Temporary Zoning Inconsistencies Ensue

The California Supreme Court held last week that a referendum petition may be used to challenge a zoning ordinance amendment intended to make a city's zoning consistent with its general plan. In City of Morgan Hill v. Bushey…more

Appeals, CA Supreme Court, Local Ordinance, Referendums, Zoning Laws

See all updates »

Commercial Landlords in San Francisco Beware

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square…more

Accessibility Rules, ADA, Commercial Leases, Landlords, Notice Requirements

See all updates »

California Commercial Building Owners Required to Submit Energy Use Disclosures by June 1, 2018

AB 802, California's energy use disclosure law, requires owners of commercial buildings containing more than 50,000 square feet to report their energy performance by June 1, 2018. Building owners who have missed the June 1,…more

California Energy Commission, Commercial Buildings, Energy Consumption, Energy Use Disclosure Requirements, Utilities Sector

See all updates »

Renewable Energy Update - May 2019 #3

Focus - U.S. surpasses 2 million solar installations - Solar Power World - May 9 - The U.S. is now home to more than 2 million solar PV installations, according to Wood Mackenzie Power & Renewables and the Solar Energy…more

Climate Change, Energy Sector, Energy Storage, ITC, Microgrids

See all updates »

SEC to Focus on Firms Hiring Those with Disciplinary History

SEC’s Office of Compliance Inspections and Examinations (OCIE) has recently issued a risk alert to registered investment advisers indicating their intent to focus on compliance oversight and controls with respect to the…more

Compliance, Conflicts of Interest, Disclosure, Fiduciary Duty, Hiring & Firing

See all updates »

California Supreme Court Confirms Lender Foreclosure Option

Earlier this month, in Black Sky Capital v. Cobb, the California Supreme Court addressed the following question: when a creditor holds senior and junior liens on the same property, can the creditor non-judicially foreclose on…more

CA Supreme Court, Creditors, Foreclosure, Lenders, Liens

See all updates »

Ninth Circuit Decides Issue of First Impression Regarding Referral Fees Paid from a Ponzi Scheme

The Ninth Circuit recently issued an unpublished decision in Hoffman v. Markowitz, Case No. 17-56290 (C.D. Cal., Dec. 24, 2018), holding that referral fees paid from a Ponzi scheme are subject to avoidance under the California…more

First Impression, Investors, Ponzi Scheme, Referral Fees, Uniform Voidable Transactions Act (UVTA)

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

Regulatory Forecast for California Industrial Real Estate Market: Unsettled

Economic forecasting is much easier than permit and regulatory forecasting, and nowhere more so than when it comes to industrial development and the local, state and federal agencies that control growth, particularly in…more

Economic Development, Real Estate Development, Real Estate Market

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

Commercial Landlords in San Francisco Beware

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square…more

Accessibility Rules, ADA, Commercial Leases, Landlords, Notice Requirements

See all updates »

Supreme Court Reaffirms a Chapter 7 Debtor's Inability to Strip a Lien Against Real Property

Reaffirming its 1992 decision in Dewsnup v. Timm, on June 1, 2015, the U.S. Supreme Court in Bank of America v. Caulkett, No. 13-1421, once again ruled that a chapter 7 debtor may not void a junior lien under Bankruptcy Code…more

Bank of America v. Caulkett, Chapter 11, Chapter 7, Consumer Bankruptcy, Dewsnup

See all updates »

FCC’s Latest 5G Spectrum Auction and the Call to Open the Mid-Band

Launch of 5G Spectrum Auction - The Federal Communications Commission (FCC), in mid-April 2019, announced two key initiatives intended to bolster the deployment of fifth-generation (5G) wireless infrastructure, touching on…more

5G Network, Cell Towers, FCC, Infrastructure, National Security

See all updates »

Good News for Taxpayers: California 1031 Exchange Decision

The California State Board of Equalization (Board) recently issued a favorable decision in an important Section 1031 exchange case. As an elected body of five members, the Board hears appeals in California tax cases where the…more

Franchise Tax Board, Section 1031 Exchange, State Tax Equalization Boards, Tax Appeals, Tenancy-in-Common

See all updates »

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access Specialist…more

Accessibility Rules, CASp, Commercial Leases, Commercial Real Estate Market, Commercial Tenants

See all updates »

California Supreme Court Affirms SB800 as Sole Remedy for Construction Defect Claims without Personal Injury

On January 18, 2018, the California Supreme Court affirmed an earlier appellate court decision holding that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the "virtually exclusive remedy" available…more

CA Supreme Court, Construction Defects, Right to Repair, SB800

See all updates »

Entities Engaged Solely In The Enforcement of Security Interests Are Not "Debt Collectors" Under The Fair Debt Collection Practices Act

The United States Supreme Court recently issued a unanimous decision in Obduskey v. McCarthy & Holthus LLP holding that entities engaged in the principal purpose of enforcing security interests are not, with limited exceptions,…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

See all updates »

California Court of Appeal Clarifies a Judgment Creditor's Right to Third Party Discovery in Aid of Enforcement of Judgment

In Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate, 11 Cal. App. 5th 509 (2017), the California Court of Appeal recently affirmed a judgment creditor's right to seek third party discovery in aid of enforcement of a…more

Appeals, Cal Code of Civil Procedure, Creditors, Discovery, Third-Party

See all updates »

California Supreme Court Affirms SB800 as Sole Remedy for Construction Defect Claims without Personal Injury

On January 18, 2018, the California Supreme Court affirmed an earlier appellate court decision holding that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the "virtually exclusive remedy" available…more

CA Supreme Court, Construction Defects, Right to Repair, SB800

See all updates »

State Water Board Unveils Aggressive Plan to Issue Investigative Orders for PFAS

..Within the month, the State Board will issue orders requiring investigation of potential PFAS contamination, a widely used class of chemicals, at more than a thousand California facilities. ..Phase I targets airports and…more

Chemicals, EPA, State Water Boards, Water

See all updates »

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed…more

Construction Contracts, Land Developers, Public Works, Waivers

See all updates »

Favorable Guidance Issued on Opportunity Zones

On April 17, 2019, the Treasury Department released a second set of proposed regulations on opportunity zones. These newly proposed regulations address many key issues in a manner that is generally favorable for taxpayers, and…more

Corporate Financing, Opportunity Zones, Real Estate Market, Tax Cuts and Jobs Act, U.S. Treasury

See all updates »

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones and…more

City of San Jose, Corporate Counsel, Digital Media, Electronic Devices, Email

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

2018 Labor & Employment Law Update for California Employers

The New Year will welcome in a number of new California laws affecting employers. Below is a brief summary of many of these laws, which generally take effect on January 1, 2018. Employers should review their policies and…more

Anti-Harassment Policies, Criminal Convictions, DFEH, Employee Training, Employer Liability Issues

See all updates »

Net Neutrality Applies to Cell Networks

In February, the FCC enacted new rules governing network neutrality that could have a profound influence on the telecommunications industry. The FCC’s new rules will extend its current purview and will encompass cell networks in…more

Broadband, FCC, Net Neutrality, New Regulations, Telecommunications

See all updates »

Five Holiday Season Tips for Retail Landlords - Updated

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also…more

Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Holidays, Landlords

See all updates »

Commercial Landlords in San Francisco Beware

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square…more

Accessibility Rules, ADA, Commercial Leases, Landlords, Notice Requirements

See all updates »

California Supreme Court Issues Critical Opinion Regarding Structure and Language of Contractual Attorneys' Fees Provisions

The California Supreme Court recently issued its opinion in Mountain Air Enterprises v. Sundowner Towers, addressing a simple but important question regarding attorneys' fees provisions in commercial contracts: If a contract…more

Attorney's Fees, CA Supreme Court, Commercial Contracts, Purchase Agreement

See all updates »

Single-User Toilet Facilities in Any Business Establishment, Place of Public Accommodation, or Government Agency Must Be Identified as All-Gender

Assembly Bill No. 1732 (Ting, Chapter 818, Statutes of 2016) was signed into law on September 29, 2016, and went into effect on March 1, 2017. It added Section 118600 to Chapter 5 of Part 15 of Division 104 of the Health and…more

Building Codes, Gender Identity, Health and Safety, Restroom Legislation

See all updates »

Amendments to the CEQA Guidelines Now In Effect

The amendments to the California Environmental Quality Act (CEQA) Guidelines described in our previous legal alert have been approved by the Office of Administrative Law (OAL) and filed by the Secretary of State. The OAL…more

CEQA, CEQA Reform, Environmental Policies

See all updates »

California Expands the Use of Defibrillators in Buildings

Effective January 1, 2020, California Senate Bill 1397 will require certain buildings constructed prior to January 1, 2017, must have a defibrillator under certain circumstances…more

Compliance, Health and Safety, Landlords

See all updates »

Top 10 Takeaways from the 2018 Allen Matkins View From the Top

Allen Matkins annual View From the Top brings together the top economists, investors, developers and leasing pros in California commercial real estate. Together, they provide an insider take on this dynamic market, and share…more

Commercial Real Estate Market, Real Estate Development, Real Estate Market

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

California Environmental Law & Policy Update - May 2019 #3

Focus - BLM to open federal lands in Central California to expanded oil and gas drilling - Los Angeles Times - May 9 - The Bureau of Land Management (BLM) announced finalized plans last Thursday to open 725,500 acres of…more

Endangered Species, Federal Land, Oil & Gas, Superfund, Water

See all updates »

Groundwater Pumpers Beware: The Public Trust Doctrine is Lurking

The Third District Appellate Court recently issued a long-awaited decision in Environmental Law Foundation vs. State Water Resources Control Board (ELF v. SWRCB). The decision confirms the expansive scope of California's public…more

Environmental Policies, Groundwater, Public Trust Doctrine, State Water Boards, Sustainable Groundwater Management Act (SGMA)

See all updates »

Sustainable Development and Land Use Update - May 2019 #3

Focus - Major California housing bill put on hold until 2020 - San Francisco Chronicle - May 16 - A controversial measure to revamp local development rules in California by promoting denser housing around public transit and…more

Affordable Housing, Agricultural Sector, Environmental Policies, Popular, Sustainability

See all updates »

Amendments to the CEQA Guidelines Now In Effect

The amendments to the California Environmental Quality Act (CEQA) Guidelines described in our previous legal alert have been approved by the Office of Administrative Law (OAL) and filed by the Secretary of State. The OAL…more

CEQA, CEQA Reform, Environmental Policies

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases

On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and if…more

Accessibility Rules, Certified Access Specialists, Commercial Leases, Commercial Property Owners, Disclosure Requirements

See all updates »

Implications of Energy Use Disclosure Law on California Real Estate Transactions

The California Energy Commission recently released its proposed regulations under Assembly Bill 802 (AB 802) to replace the now defunct Assembly Bill 1103 (AB 1103), codified as Public Resource Code Section 25402.10. The key…more

Benchmarking, California Energy Commission, Commercial Property Owners, Data Reporting, ENERGY STAR Program

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

Renewable Energy Update - May 2019 #3

Focus - U.S. surpasses 2 million solar installations - Solar Power World - May 9 - The U.S. is now home to more than 2 million solar PV installations, according to Wood Mackenzie Power & Renewables and the Solar Energy…more

Climate Change, Energy Sector, Energy Storage, ITC, Microgrids

See all updates »

New California Employment Laws of Particular Interest to the Hospitality Industry - December 2016

In 2016, California passed various labor and employment laws which directly impact the hospitality industry. Below is a brief summary of many of these laws, which generally take effect on January 1, 2017, unless otherwise noted…more

Ban the Box, EEOC, Forum Selection, Hospitality Industry, Marijuana

See all updates »

Net Neutrality Applies to Cell Networks

In February, the FCC enacted new rules governing network neutrality that could have a profound influence on the telecommunications industry. The FCC’s new rules will extend its current purview and will encompass cell networks in…more

Broadband, FCC, Net Neutrality, New Regulations, Telecommunications

See all updates »

Implications of Energy Use Disclosure Law on California Real Estate Transactions

The California Energy Commission recently released its proposed regulations under Assembly Bill 802 (AB 802) to replace the now defunct Assembly Bill 1103 (AB 1103), codified as Public Resource Code Section 25402.10. The key…more

Benchmarking, California Energy Commission, Commercial Property Owners, Data Reporting, ENERGY STAR Program

See all updates »

Top Priorities for BigLaw in 2014? Here's the CMO Perspective...

What will be the top priority for law firms in 2014? The answer depends on whom you ask, of course – and, for our Firm Leadership series, we put the question to chief marketing officers at law firms publishing on JD Supra..…more

Big Law, Client Services, Firm Leadership, Legal Perspectives

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

2019 Labor & Employment Law Update for California Employers

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual…more

Anti-Harassment Policies, Civil Rights Act, Confidential Information, Corporate Counsel, Criminal Background Checks

See all updates »

Single-User Toilet Facilities in Any Business Establishment, Place of Public Accommodation, or Government Agency Must Be Identified as All-Gender

Assembly Bill No. 1732 (Ting, Chapter 818, Statutes of 2016) was signed into law on September 29, 2016, and went into effect on March 1, 2017. It added Section 118600 to Chapter 5 of Part 15 of Division 104 of the Health and…more

Building Codes, Gender Identity, Health and Safety, Restroom Legislation

See all updates »

New Poster Required for California Employers

Over a year ago, the California Legislature passed the New Parent Leave Act (NPLA), which expanded the availability of baby-bonding benefits to smaller employers (those with at least 20 employees). Prior law had restricted this…more

California Family Rights Act (CFRA), FMLA, Parental Leave, Posting Requirements

See all updates »

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  • 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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