Brownstein Hyatt Farber Schreck

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410 Seventeenth Street
Suite 2200
Denver, CO 80202-4432, United States
Phone: 303.223.1100
Fax: 303.223.1111
Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Nevada
  • New Jersey
  • New Mexico
Number of Attorneys
100+ Attorneys

Companies Should Be Aware of Misleading Trademark Renewal Notices

Federal trademark registrations are an extremely valuable asset to any company’s intellectual property portfolio. With an emerging trend of private companies sending misleading trademark renewal notices that appear official but…more

Scams, Trademark Expiration, Trademark Renewal Applications, Trademarks, USPTO

See all updates »

Groundwater Regulation on the Rise as Counties Gear Up to Meet Sustainable Management Requirements

The enactment of the Sustainable Groundwater Management Act (SGMA), in conjunction with increasing concern over drought impacts on groundwater supplies, has set the stage for several California counties’ recent adoption of…more

Groundwater Management Plan, Local Ordinance, Popular, Sustainable Groundwater Management Act (SGMA)

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

DOJ and SEC Release Long-Awaited FCPA Resource Guide

On November 14, 2012, the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) released their long-anticipated guidance on the U.S. Foreign Corrupt Practices Act (FCPA), entitled A Resource Guide to the…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

See all updates »

16 Takeaways from the Second Round of Opportunity Zone Regulations

Perhaps Treasury intentionally waited until after March Madness to release the long-awaited second round of proposed regulations on Opportunity Zones since the proposed regulations presents its own Sweet 16. While Treasury…more

Anti-Abuse Rule, Capital Gains, Investors, Opportunity Zones, Original Use

See all updates »

Reminder: New Brown Act Online Agenda Requirements in Effect Jan. 1

Beginning Jan. 1, 2019, all local agencies subject to California’s open meeting law known as the Brown Act must comply with new online agenda posting requirements. Adopted by Assembly Bill 2257, Government Code section 54954.2…more

Public Agencies, Ralph M. Brown Act, Transparency, Websites

See all updates »

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues…more

Bright-Line Rule, CFPB, Debt Collection, FCC, FDCPA

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

Nevada Gaming Commission Nightclub Regulations Could Have an Impact Far Beyond Nightclubs

Nevada has a new law effective July 1, 2015, Senate Bill 38 (“SB 38”), ostensibly designed to address recurrent drug use, prostitution, sexual assault, and other crimes at Las Vegas’s night clubs and pool venues. But SB 38…more

Adult Entertainment, Gaming, Gaming Commissions, Licensing Rules, Nightclubs

See all updates »

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues…more

Bright-Line Rule, CFPB, Debt Collection, FCC, FDCPA

See all updates »

Updates to the Common Rule for the Protection of Human Subjects Research

On Sept. 8, 2015, the U.S. Department of Health and Human Services (HHS) issued a Notice of Proposed Rule Making (NPRM) to seek input on changes to the Federal Policy for the Protection of Human Subjects, otherwise known as the…more

Department of Health and Human Services (HHS), Informed Consent, IRB, Medical Research, NPRM

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

Vallagio Ruling Favorable for Condominium and Planned Community Developers

On June 5, 2017, the Colorado Supreme Court issued its eagerly anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et.al. (217 CO 69) (“Vallagio”). In its 5-2…more

CO Supreme Court, Condominiums, Consent, Construction Defects, Mandatory Arbitration Clauses

See all updates »

United States Supreme Court: Foreclosure Law Firms Likely Exempt from Federal Fair Debt Law

On March 20, 2019, the United States Supreme Court held that a foreclosure law firm principally involved in conducting nonjudicial foreclosures (such as Colorado’s foreclosure process) is not covered by the federal Fair Debt…more

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

See all updates »

16 Takeaways from the Second Round of Opportunity Zone Regulations

Perhaps Treasury intentionally waited until after March Madness to release the long-awaited second round of proposed regulations on Opportunity Zones since the proposed regulations presents its own Sweet 16. While Treasury…more

Anti-Abuse Rule, Capital Gains, Investors, Opportunity Zones, Original Use

See all updates »

Colorado Bills that Could Affect Development in 2019

The 2019 Colorado General Assembly has only been in session for a few weeks, but bills are already pending or in the works that may affect real property and development. Here, we discuss a few of the most impactful. For more…more

Conservation Easements, Deeds, General Assembly, Historic Preservation, Public Policy

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans…more

Determination Letter, Employee Benefits, Hybrid Plan, IRS, Mergers

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

State of the Union – Tax and Infrastructure

On Tuesday, Feb. 5, President Donald Trump delivered the State of the Union address. The theme was “choosing greatness,” with President Trump discussing a range of topics from immigration and trade to foreign policy and space…more

Estate Tax, Income Taxes, Infrastructure, Legislative Agendas, State of the Union

See all updates »

Key Takeaways for Companies to Consider When Doing Government-Contract Work

Key takeaways for companies to consider when doing government-contract work - Brownstein’s litigation team scored a major victory for client Flintco, a New Mexico-based contractor, in one of New Mexico’s first trials…more

Contractors, Damages, Recordkeeping Requirements, Settlement

See all updates »

Colorado Legislature Will Consider Wide Range of Employment Bills

Employment-related issues are a big priority for the Colorado Legislature this session. Specifically, lawmakers are poised to consider bills addressing paid family leave, state-supported retirement plans, gender pay equity and…more

Ban the Box, Criminal Background Checks, Deadly Force, FMLA, Hiring & Firing

See all updates »

California Water Rights: Compliance Checklist for 2019

As in years past, Brownstein’s California Water Group is pleased to provide you with our California Water Rights: Compliance Checklist for 2019. This checklist provides a summary of state water right reporting requirements and…more

Filing Deadlines, Groundwater, Marijuana Cultivation, Reporting Requirements, Surface Water

See all updates »

Expansion of Medicaid Eligibility for Undocumented Young Adults

In recent weeks, the states of California and Washington, and New York City have proposed expanding Medicaid eligibility for undocumented young adults. Given Medicaid’s combination of state and federal funding, House and Senate…more

Affordable Care Act, CHIP, CMS, Health Insurance, Low-Income Issues

See all updates »

Sweeping New Colorado Data Privacy Law Impacts Health Care Industry

On May 29, 2018, the governor of Colorado signed into law HB 18-1128 (the “Privacy Law”), which made sweeping changes to Colorado’s data privacy laws and which will affect nearly every Colorado business and government entity…more

Covered Entities, Data Privacy, Health Care Providers, HIPAA, Security and Privacy Controls

See all updates »

Under the Gavel: What Every Company Needs to Know About Oversight in the New Congress

With a new Congress comes new oversight priorities. Private companies could find themselves under the legislative microscope after Democrats seized control of the House for the first time since the 2006 midterm…more

Congressional Committees, Congressional Intent, Congressional Investigations & Hearings, Election Results, Oversight Committee

See all updates »

Colorado Supreme Court Revisits Economic Loss Rule

The Colorado Supreme Court has issued a number of opinions over the last several years clarifying the scope of the economic loss rule. On May 7, 2019, the court revisited the economic loss rule in Bermel v. BlueRadios, Inc.,…more

Attorney's Fees, Breach of Contract, Cause of Action Accrual, CO Supreme Court, Economic Loss Doctrine

See all updates »

Football and the Future of CEQA for Popular Projects

In quick succession, the Southern California cities of Inglewood and Carson have used the initiative process to approve new NFL football stadiums in bids to lure teams to new homes, bypassing review under the California…more

CEQA, Citizen Initiative Campaigns, Construction Project, Environmental Site Assessment, Football

See all updates »

California’s Moon Shot—Carbon Neutral by 2045

By now you may have heard that Gov. Jerry Brown recently signed The 100 Percent Clean Energy Act of 2018 (SB 100) into law and issued Executive Order B-55-18 to Achieve Carbon Neutrality (“Executive Order”). Taken together, both…more

CAISO, Carbon Emissions, Clean Energy, Climate Change, Energy Sector

See all updates »

Sen. Warner Proposes Reforms Aimed at Social Media Companies

In the wake of recent congressional hearings on Russia’s use of social media to interfere in U.S. elections, the Senate Select Committee on Intelligence Vice Chairman, Sen. Mark Warner (D-VA), authored a draft white paper…more

Communications Decency Act, Proposed Legislation, Regulatory Agenda, Social Media

See all updates »

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource for…more

Building Permits, CA Supreme Court, California Coastal Commission, CEQA, Climate Change

See all updates »

CEQA News You Can Use - Vol. 3, Issue 1

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a…more

Administrative Review, CEQA, County Planning Commissions, Environmental Impact Report (EIR), Environmental Policies

See all updates »

Taking the “Con” Out of Contractors: California Supreme Court Tightens Standards for Independent Contractors

Recognizing the “potentially substantial economic incentives that a business may have” to mischaracterize workers, the California Supreme Court this week announced a strict new test for classifying workers as independent…more

ABC Test, DOL, Economic Realities Test, Employee Definition, Employer Liability Issues

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

Seven Citizen Initiatives, Six Referred Amendments Make November Ballot

One day before the Sept. 5 deadline, the Colorado Secretary of State’s Office has completed the signature line review for citizen ballot initiatives and certified seven for the November ballot. These are the same seven…more

Campaign Contributions, Citizen Initiative Campaigns, Constitutional Amendment, Infrastructure, Payday Loans

See all updates »

Sweeping New Colorado Data Privacy Law Impacts Health Care Industry

On May 29, 2018, the governor of Colorado signed into law HB 18-1128 (the “Privacy Law”), which made sweeping changes to Colorado’s data privacy laws and which will affect nearly every Colorado business and government entity…more

Covered Entities, Data Privacy, Health Care Providers, HIPAA, Security and Privacy Controls

See all updates »

Treasury Releases Guidance on Business Interest Deduction Limits

On Nov. 26, 2018, the Department of the Treasury and the Internal Revenue Service issued proposed regulations under Section 163(j) of the Internal Revenue Code regarding the limitation on the deduction for business interest…more

Corporate Taxes, Interest Payments, Internal Revenue Code (IRC), IRS, Proposed Regulation

See all updates »

Nevada Gaming Control Board Concludes Daily Fantasy Sports Is Gambling

Anyone who has watched football this season has seen the ubiquitous advertising and promotion for pay-to-play daily fantasy sports (“DFS”) sites such as DraftKings and FanDuel. On Oct. 15, 2015, the Nevada Gaming Control Board…more

Fantasy Sports, Gambling, Gaming, Gaming Control Boards, Sports Gambling

See all updates »

Under the Gavel: What Every Company Needs to Know About Oversight in the New Congress

With a new Congress comes new oversight priorities. Private companies could find themselves under the legislative microscope after Democrats seized control of the House for the first time since the 2006 midterm…more

Congressional Committees, Congressional Intent, Congressional Investigations & Hearings, Election Results, Oversight Committee

See all updates »

Rogers v. Forest City Ruling

On Thursday, Nov. 19, 2015, the Colorado Court of Appeals issued an opinion in Rogers v. Forest City Stapleton, Inc. (Case No. 2015COA167), a ruling that may have lasting importance for developers, builders, contractors,…more

Appeals, Construction Defects, Construction Industry, Implied Warranties, Real Estate Development

See all updates »

Will Opportunity Zones Succeed in Stimulating Investments?

Expectations are high this year for “Opportunity Zones” in the real estate industry. A product of the Tax Cuts and Jobs Act, Qualified Opportunity Zones (QOZs) are expected to be one of the biggest trends to impact real estate…more

Capital Gains, IRS, New Guidance, Opportunity Zones, Proposed Regulation

See all updates »

#WheresThePrice: Proposed Rule Sneaks in Questions about Publishing Payer-Negotiated Rates

The most recent proposal in a series of efforts by the Trump administration to increase price transparency in health care is one that may eventually require hospitals and providers to publicly disclose the payer-negotiated rates…more

CMS, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Reform, Hospitals

See all updates »

Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement Proceedings

The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In fact,…more

Disgorgement, Enforcement Actions, Kokesh v SEC, Penalties, SCOTUS

See all updates »

Colorado Supreme Court Clarifies Only Two- or Three-Year Statute of Limitations Applies to Colorado Wage Claim Act Claims

Most On March 5, 2018, the Colorado Supreme Court issued a key ruling establishing that a terminated employee seeking to recover unpaid wages under the Colorado Wage Claim Act (“CWCA”) may pursue only those claims still within…more

CO Supreme Court, Employer Liability Issues, FLSA, Statute of Limitations, Unpaid Wages

See all updates »

Victory in Clean Water Act Case Saves Community’s Water Supply

Brownstein Hyatt Farber Schreck secured a decision in the federal court for the District of Colorado precluding third parties from closing a Bureau of Land Management (“BLM”) well that supplies water for Brownstein’s client,…more

Bureau of Land Management, Clean Water Act, Municipalities, Water Supplies

See all updates »

Court Rejects Rule 106 Challenge to Sterling Ranch Rezoning Approval

Important Ruling for Colorado’s Development Community - On February 19, a Colorado state court judge rejected a lawsuit challenging a Douglas County rezoning decision that will now allow for the continued permitting and…more

Infrastructure, Land Developers, Water, Water Supplies

See all updates »

The Good, The Bad and The Ugly: Where Do We Stand in the Quest for Sustainable Groundwater Management?

At the intersection of water and politics, a cross section of water professionals including agency staff, engineers, attorneys and consultants convened in Sacramento March 30 to spend a day with an outstanding lineup of…more

Department of Water Resources, Enhanced Infrastructure Financing Districts (EIFDs), Groundwater Management Plan, Sustainable Groundwater Management Act (SGMA)

See all updates »

Companies Should Be Aware of Misleading Trademark Renewal Notices

Federal trademark registrations are an extremely valuable asset to any company’s intellectual property portfolio. With an emerging trend of private companies sending misleading trademark renewal notices that appear official but…more

Scams, Trademark Expiration, Trademark Renewal Applications, Trademarks, USPTO

See all updates »

Summary of Select New Laws Impacting California Employers

The new year will bring many changes to California’s employment laws in various areas, including hiring practices (such as a statewide “ban the box” law); leaves and benefits (including expansion of parental leave to small…more

Discrimination, Employee Benefits, Employer Mandates, Employment Policies, FMLA

See all updates »

New California Workplace Standards for the Health and Safety of Hospitality Housekeepers

Beginning July 1, 2018, hospitality employers in California will be required to comply with new regulations for policies and training practices for housekeepers. The California Occupational Safety and Health Administration…more

Cal-OSHA, Employer Mandates, Hospitality Industry, Hotels, Workplace Injury

See all updates »

Unitary Patent Inches Closer to Adoption with UK’s Ratification Announcement

The Intellectual Property Office of the United Kingdom (UK)—together with the Minister of State for Energy and Intellectual Property and Prime Minister May—issued a press release on Nov. 28 confirming that the country will…more

EU, European Patent Office, Popular, UK, UK Brexit

See all updates »

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues…more

Bright-Line Rule, CFPB, Debt Collection, FCC, FDCPA

See all updates »

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues…more

Bright-Line Rule, CFPB, Debt Collection, FCC, FDCPA

See all updates »

United States Supreme Court: Foreclosure Law Firms Likely Exempt from Federal Fair Debt Law

On March 20, 2019, the United States Supreme Court held that a foreclosure law firm principally involved in conducting nonjudicial foreclosures (such as Colorado’s foreclosure process) is not covered by the federal Fair Debt…more

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

See all updates »

Driving Health Care Efficiencies: Consolidate and Innovate, But Proceed with Caution

Despite the U.S. substantially outspending peer high-income nations with almost 18 percent of GDP dedicated to health care, on any number of statistical measurements from life expectancy to birth rates to chronic disease, the…more

Affordable Care Act, Alternative Payment Models (APM), CMS, Health Care Providers, Hospitals

See all updates »

CEQA News You Can Use - Vol. 4, Issue 1

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

CEQA, Climate Action Plan, Environmental Impact Report (EIR), Exemptions, Guidance Update

See all updates »

#WheresThePrice: Proposed Rule Sneaks in Questions about Publishing Payer-Negotiated Rates

The most recent proposal in a series of efforts by the Trump administration to increase price transparency in health care is one that may eventually require hospitals and providers to publicly disclose the payer-negotiated rates…more

CMS, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Reform, Hospitals

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

Coming Soon - The City of Santa Barbara’s New Zoning Ordinance

On Tuesday, July 11, 2017, the Santa Barbara City Council will consider a new zoning ordinance for the city. If the council votes to introduce and subsequently adopt the new zoning ordinance (NZO), it will be effective 30 days…more

Commercial Property Owners, Local Ordinance, Real Estate Development, Residential Property Owners, Urban Planning & Development

See all updates »

California Water Rights: Compliance Checklist for 2019

As in years past, Brownstein’s California Water Group is pleased to provide you with our California Water Rights: Compliance Checklist for 2019. This checklist provides a summary of state water right reporting requirements and…more

Filing Deadlines, Groundwater, Marijuana Cultivation, Reporting Requirements, Surface Water

See all updates »

Unitary Patent Inches Closer to Adoption with UK’s Ratification Announcement

The Intellectual Property Office of the United Kingdom (UK)—together with the Minister of State for Energy and Intellectual Property and Prime Minister May—issued a press release on Nov. 28 confirming that the country will…more

EU, European Patent Office, Popular, UK, UK Brexit

See all updates »

President Signs Sweeping Water Legislation to Address Nation’s Water Woes and to Aid Parched California

On Friday, President Obama signed S. 612, the Water Infrastructure Improvements for the Nation (WIIN) Act into law, a bipartisan bill authorizing the U.S. Army Corps of Engineers to execute water infrastructure projects. The $12…more

Critical Infrastructure Sectors, Drought, Federal Funding, Obama Administration, Proposed Legislation

See all updates »

When Are Tax Increment Revenues Federally Taxable?

Tax increment financing (“TIF”) has had a long and effective history in Colorado. In many cities and towns throughout Colorado, TIF has successfully been used to help remediate environmental issues and spur development in…more

Project Finance, Public Private Partnerships (P3s), Public Projects, Real Estate Development, State and Local Government

See all updates »

How to Maneuver Through #MeToo and Sexual Harassment in the Workplace

Sexual harassment has become more highly scrutinized in recent months and with the #MeToo movement, we expect this issue to be more prevalent going forward. Below we have outlined some best practices to help companies put…more

Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies, Harassment

See all updates »

NLRB Hands Down More Employer-Friendly Rulings

In the spirit of the holiday season, the National Labor Relations Board (“NLRB” or “the Board”) has provided employers with two more “presents” in the form of two new Board decisions. Continuing their trend from last week, on…more

Bargaining Units, Collective Bargaining, Community of Interest, NLRA, NLRB

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

10th Circuit Issues Revised Opinion Clarifying When Individual Notice of Blight Determination Required

As we discussed in a previous alert, on May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is…more

Appeals, Municipalities, Notice Requirements, Property Owners, Urban Planning & Development

See all updates »

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans…more

Determination Letter, Employee Benefits, Hybrid Plan, IRS, Mergers

See all updates »

Revision of Clark County Parking Code Would Reduce Parking, Change Development Design Requirements

As Nevada’s economy continues to grow statewide, the Southern Nevada valley faces critical decisions regarding smart growth for the valley once again. Ahead of future growth, Clark County, with support from the Regional…more

Parking Lots, Urban Planning & Development

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

Budget Control Act: FY20 Debate Will Soon Heat Up

Rumors are swirling about the terms of President Trump’s fiscal year (FY) 2020 budget submission to Congress, but one thing is for certain—the request will be at least a month late. This will delay consideration of other core…more

Appropriations Bill, Bipartisan Budget Act, Budget Control Act of 2011, Defense Contracts, Federal Budget

See all updates »

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners to…more

Local Ordinance, Mixed-Use Zoning, Real Estate Development, Urban Planning & Development, Zoning Laws

See all updates »

Treasury Releases Guidance on Business Interest Deduction Limits

On Nov. 26, 2018, the Department of the Treasury and the Internal Revenue Service issued proposed regulations under Section 163(j) of the Internal Revenue Code regarding the limitation on the deduction for business interest…more

Corporate Taxes, Interest Payments, Internal Revenue Code (IRC), IRS, Proposed Regulation

See all updates »

16 Takeaways from the Second Round of Opportunity Zone Regulations

Perhaps Treasury intentionally waited until after March Madness to release the long-awaited second round of proposed regulations on Opportunity Zones since the proposed regulations presents its own Sweet 16. While Treasury…more

Anti-Abuse Rule, Capital Gains, Investors, Opportunity Zones, Original Use

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

Dewatering During Construction and Post-Construction—Regulatory Paradigms and Options

Major construction projects, especially new office, residential and mixed-use buildings, often require dewatering to remove intercepted groundwater from subterranean areas. Intercepted water flows may continue even after…more

Construction Industry, Construction Project, Groundwater, Regulatory Standards

See all updates »

Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement Proceedings

The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In fact,…more

Disgorgement, Enforcement Actions, Kokesh v SEC, Penalties, SCOTUS

See all updates »

Two Questions Every Industrial Storm Water Permittee Should Answer Before January 1, 2018

If your facility is permitted under California’s Industrial General Storm Water Permit (IGP), then you probably feel like you earned an advanced degree in storm water management with the time and effort it takes to understand…more

Clean Water Act, Industrial Storm Water Permit, TMDL

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

Rise of the Machines: Artificial Intelligence and its Growing Impact on U.S. Policy

On Sept. 25, House Oversight and Government Reform Subcommittee on Information Technology Chairman Will Hurd (R-TX) and Ranking Member Robin Kelly (D-IL) released a white paper on the intersection of public policy and artificial…more

Artificial Intelligence, Congressional Committees, Popular, Privacy Concerns, Public Policy

See all updates »

Personal Tax and Estate Planning Considerations for the End of 2016

The end of the year is always a good time for our clients to look at their personal tax and estate planning situation and consider whether to take any action before Dec. 31. This year, with the Trump administration about to…more

Estate Planning, Tax Reform, Trump Administration, Year-End Tax Planning

See all updates »

Post-Election Washington Outlook

In this issue: - Post-Election Analysis, the Lame Duck, and 114th Congress - Senate Election Results at a Glance - House Election Results at a Glance - Lame-Duck Session Outlook - Issues…more

Election Results, Federal Budget, Healthcare Reform, Legislative Agendas, Tax Reform

See all updates »

Ballot Boxes Driving Policy, With Big Business Implications

Voters have begun to receive and complete their ballots around the country as election season reaches full swing, with dramatic implications for businesses, industries and the economy as a whole. At the federal level, regardless…more

General Elections, Infrastructure, Investment Management, Privacy Laws, Sales Tax

See all updates »

Three Notable Developments for Cryptocurrency Firms Portend Future Regulatory Enforcement Actions

The price of bitcoin is down nearly 80 percent since January 2018. Many other cryptocurrencies are down with it and investors are bearish about the future of digital assets. Atop such industry concerns, three recent regulatory…more

Bitcoin, Broker-Dealer, Cryptocurrency, Enforcement Actions, Initial Coin Offering (ICOs)

See all updates »

Nevada Legislature Reinforces Internal Affairs Doctrine and Emphasizes Transparency in 2017 Business Law Amendments

The 79th Session of the Nevada Legislature enacted several meaningful amendments to Title 7 of the Nevada Revised Statutes (NRS), which governs business entities, including corporations, limited liability companies and limited…more

Corporate Governance, Corporations Code, Internal Affairs Doctrine, Limited Liability Company (LLC), Limited Partnerships

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

SEC Signals Changing Views on Regulation of Proxy Advisory Firms

In recent years, the friction between public companies and proxy advisory firms—companies that provide proxy vote recommendations to institutional fund managers and other investment advisers—has intensified. Public issuers…more

Corporate Governance, Investment Company Act of 1940, Popular, Proxy Access, Proxy Advisory Firms

See all updates »

Congress Accelerates Toward CFIUS Expansion

For the first time in more than a decade, legislation to expand the scope of business transactions scrutinized by the Committee on Foreign Investment in the U.S. (CFIUS) is gaining momentum in Congress. Lawmakers on both sides…more

CFIUS, FIRRMA, Foreign Investment, Legislative Agendas, National Security

See all updates »

FTC Puts Social Media Influencers on Notice for Possible Violations of the Truth-in-Advertising Laws

Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in his…more

Advertising, Celebrity Endorsements, FTC, FTC Endorsement Guidelines, Online Endorsements

See all updates »

Nevada Legislature Reinforces Internal Affairs Doctrine and Emphasizes Transparency in 2017 Business Law Amendments

The 79th Session of the Nevada Legislature enacted several meaningful amendments to Title 7 of the Nevada Revised Statutes (NRS), which governs business entities, including corporations, limited liability companies and limited…more

Corporate Governance, Corporations Code, Internal Affairs Doctrine, Limited Liability Company (LLC), Limited Partnerships

See all updates »

CEQA News You Can Use - Vol. 4, Issue 1

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

CEQA, Climate Action Plan, Environmental Impact Report (EIR), Exemptions, Guidance Update

See all updates »

Nevada Legislature Reinforces Internal Affairs Doctrine and Emphasizes Transparency in 2017 Business Law Amendments

The 79th Session of the Nevada Legislature enacted several meaningful amendments to Title 7 of the Nevada Revised Statutes (NRS), which governs business entities, including corporations, limited liability companies and limited…more

Corporate Governance, Corporations Code, Internal Affairs Doctrine, Limited Liability Company (LLC), Limited Partnerships

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

The Gaming Industry is Susceptible to ADA Website Accessibility Lawsuits

While we usually think that that the Americans with Disabilities Act (“ADA”) is limited to physical barriers impacting disabled individuals, such as whether doorways are wide enough or ramps too steep, lawyers for disabled…more

ADA, Gaming, Public Accommodation, Title III, Unruh Civil Rights Act

See all updates »

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners to…more

Local Ordinance, Mixed-Use Zoning, Real Estate Development, Urban Planning & Development, Zoning Laws

See all updates »

The Democrats’ Presidential Field and the Importance of Home Court Advantage

As the Democratic presidential field takes shape, one of the questions we at Brownstein get most frequently is, “What the heck is X-candidate thinking? He has no shot, right?”…more

Federal Elections, Political Campaigns, Political Candidates, Presidential Elections, State Elections

See all updates »

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans…more

Determination Letter, Employee Benefits, Hybrid Plan, IRS, Mergers

See all updates »

SEC Cautions That Cyber-Related Fraud Could Evidence Failed Internal Accounting Controls

On Oct. 16, 2018, the Securities and Exchange Commission (the “SEC”) released a cautionary report discussing whether certain public companies that had become victims of cyber-related fraud may have violated federal securities…more

Accounting Controls, Cyber Crimes, Cybersecurity, Email, Enforcement

See all updates »

Sen. Warner Proposes Reforms Aimed at Social Media Companies

In the wake of recent congressional hearings on Russia’s use of social media to interfere in U.S. elections, the Senate Select Committee on Intelligence Vice Chairman, Sen. Mark Warner (D-VA), authored a draft white paper…more

Communications Decency Act, Proposed Legislation, Regulatory Agenda, Social Media

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

Increased HSR Thresholds Become Effective on April 3, 2019

On Feb. 15, 2019, the Federal Trade Commission announced the 2019 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The HSR Act notification requirements apply to transactions that…more

Acquisitions, Antitrust Division, Antitrust Provisions, Civil Monetary Penalty, DOJ

See all updates »

Under the Gavel: What Every Company Needs to Know About Oversight in the New Congress

With a new Congress comes new oversight priorities. Private companies could find themselves under the legislative microscope after Democrats seized control of the House for the first time since the 2006 midterm…more

Congressional Committees, Congressional Intent, Congressional Investigations & Hearings, Election Results, Oversight Committee

See all updates »

Uncertainty Abounds for Food Labeling Rules

In the next year, a number of pending FDA and USDA regulatory proposals threaten to upend the food manufacturing environment and may result in food and beverage companies being forced to change their labels (and possibly their…more

FDA, Food Labeling, Food Manufacturers, GMO, Nutrition Facts Labels

See all updates »

Denver Runoff Election Results Are In

Voters cast ballots Tuesday in the City and County of Denver’s runoff election to determine who would be mayor, clerk and recorder, and who would fill five city council seats. Those races went to runoff elections following the…more

City Councils, Election Results, Local Elections, Mayors, Political Candidates

See all updates »

Colorado Supreme Court Revisits Economic Loss Rule

The Colorado Supreme Court has issued a number of opinions over the last several years clarifying the scope of the economic loss rule. On May 7, 2019, the court revisited the economic loss rule in Bermel v. BlueRadios, Inc.,…more

Attorney's Fees, Breach of Contract, Cause of Action Accrual, CO Supreme Court, Economic Loss Doctrine

See all updates »

Revision of Clark County Parking Code Would Reduce Parking, Change Development Design Requirements

As Nevada’s economy continues to grow statewide, the Southern Nevada valley faces critical decisions regarding smart growth for the valley once again. Ahead of future growth, Clark County, with support from the Regional…more

Parking Lots, Urban Planning & Development

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

SEC Cautions That Cyber-Related Fraud Could Evidence Failed Internal Accounting Controls

On Oct. 16, 2018, the Securities and Exchange Commission (the “SEC”) released a cautionary report discussing whether certain public companies that had become victims of cyber-related fraud may have violated federal securities…more

Accounting Controls, Cyber Crimes, Cybersecurity, Email, Enforcement

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

The FCC Moves Forward with Potential New 911 Obligations for Hotels and Offices

The Federal Communications Commission will seek public comment on proposed new rules to require that 911 calls made from hotels, offices and campuses automatically include precise location information, such as room or floor…more

Comment Period, Educational Institutions, Emergency Alerts, FCC, First Responders

See all updates »

Sweeping New Colorado Data Privacy Law Impacts Health Care Industry

On May 29, 2018, the governor of Colorado signed into law HB 18-1128 (the “Privacy Law”), which made sweeping changes to Colorado’s data privacy laws and which will affect nearly every Colorado business and government entity…more

Covered Entities, Data Privacy, Health Care Providers, HIPAA, Security and Privacy Controls

See all updates »

Southern Nevada Municipal Election Results Are In

Tuesday was Election Day in the cities of Las Vegas, North Las Vegas and Boulder City, bringing new council members to all three municipalities—including a major shift in the City of Las Vegas, with three new City Council…more

City Councils, Election Results, Local Elections, Mayors, Political Candidates

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

SEC Signals Changing Views on Regulation of Proxy Advisory Firms

In recent years, the friction between public companies and proxy advisory firms—companies that provide proxy vote recommendations to institutional fund managers and other investment advisers—has intensified. Public issuers…more

Corporate Governance, Investment Company Act of 1940, Popular, Proxy Access, Proxy Advisory Firms

See all updates »

Increased HSR Thresholds Become Effective on April 3, 2019

On Feb. 15, 2019, the Federal Trade Commission announced the 2019 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The HSR Act notification requirements apply to transactions that…more

Acquisitions, Antitrust Division, Antitrust Provisions, Civil Monetary Penalty, DOJ

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

SEC Cautions That Cyber-Related Fraud Could Evidence Failed Internal Accounting Controls

On Oct. 16, 2018, the Securities and Exchange Commission (the “SEC”) released a cautionary report discussing whether certain public companies that had become victims of cyber-related fraud may have violated federal securities…more

Accounting Controls, Cyber Crimes, Cybersecurity, Email, Enforcement

See all updates »

SEC Cautions That Cyber-Related Fraud Could Evidence Failed Internal Accounting Controls

On Oct. 16, 2018, the Securities and Exchange Commission (the “SEC”) released a cautionary report discussing whether certain public companies that had become victims of cyber-related fraud may have violated federal securities…more

Accounting Controls, Cyber Crimes, Cybersecurity, Email, Enforcement

See all updates »

Treasury Releases Guidance on Business Interest Deduction Limits

On Nov. 26, 2018, the Department of the Treasury and the Internal Revenue Service issued proposed regulations under Section 163(j) of the Internal Revenue Code regarding the limitation on the deduction for business interest…more

Corporate Taxes, Interest Payments, Internal Revenue Code (IRC), IRS, Proposed Regulation

See all updates »

New California Workplace Standards for the Health and Safety of Hospitality Housekeepers

Beginning July 1, 2018, hospitality employers in California will be required to comply with new regulations for policies and training practices for housekeepers. The California Occupational Safety and Health Administration…more

Cal-OSHA, Employer Mandates, Hospitality Industry, Hotels, Workplace Injury

See all updates »

Equity Cure Rights in Loan Agreements

The purpose of each of our client memos is to highlight for the reader developments in the middle-market lending space that we have observed over the course of our practice. While each deal is different, over time certain…more

Compliance, Equity Claims, Lenders, Loan Agreements, Loans

See all updates »

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined to…more

Appeals, Constitutional Challenges, Due Process, Eminent Domain, Housing Developers

See all updates »

Ninth Circuit Holds That Valuation of Secured Creditor’s Collateral in Chapter 11 Need Not Be Based on Property’s Highest and Best Use

On May 26, 2017, an en banc panel of the Ninth Circuit Court of Appeals issued an opinion with important ramifications for secured lenders. The Ninth Circuit held that for purposes of determining the amount of a secured claim…more

Bankruptcy Code, Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Cramdown

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

California’s Plastic Microbeads Ban Moves the Bar for Cosmetic and Personal Care Companies Again

On October 8, 2015, California Gov. Jerry Brown signed into law one of the toughest bans in the nation on personal care products containing plastic microbeads. Plastic microbeads are frequently used by cosmetic companies in…more

Cosmetics, Jerry Brown, Microbeads, Personal Care Products, Wastewater

See all updates »

Under the Gavel: What Every Company Needs to Know About Oversight in the New Congress

With a new Congress comes new oversight priorities. Private companies could find themselves under the legislative microscope after Democrats seized control of the House for the first time since the 2006 midterm…more

Congressional Committees, Congressional Intent, Congressional Investigations & Hearings, Election Results, Oversight Committee

See all updates »

Vallagio Ruling Favorable for Condominium and Planned Community Developers

On June 5, 2017, the Colorado Supreme Court issued its eagerly anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et.al. (217 CO 69) (“Vallagio”). In its 5-2…more

CO Supreme Court, Condominiums, Consent, Construction Defects, Mandatory Arbitration Clauses

See all updates »

Supreme Court Moves to Clarify Induced Infringement Standard

In its most recent pronouncement on patent law, the U.S. Supreme Court once again corrected the Federal Circuit’s understanding of induced infringement under 35 U.S.C. §271(b). On May 26, 2015, in Commil USA, LLC v. Cisco…more

Akamai Technologies, Cisco, Cisco v CommilUSA, Induced Infringement, Limelight Networks

See all updates »

Coming Soon - The City of Santa Barbara’s New Zoning Ordinance

On Tuesday, July 11, 2017, the Santa Barbara City Council will consider a new zoning ordinance for the city. If the council votes to introduce and subsequently adopt the new zoning ordinance (NZO), it will be effective 30 days…more

Commercial Property Owners, Local Ordinance, Real Estate Development, Residential Property Owners, Urban Planning & Development

See all updates »

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues…more

Bright-Line Rule, CFPB, Debt Collection, FCC, FDCPA

See all updates »

Colorado Bills that Could Affect Development in 2019

The 2019 Colorado General Assembly has only been in session for a few weeks, but bills are already pending or in the works that may affect real property and development. Here, we discuss a few of the most impactful. For more…more

Conservation Easements, Deeds, General Assembly, Historic Preservation, Public Policy

See all updates »

Personal Tax and Estate Planning Considerations for the End of 2016

The end of the year is always a good time for our clients to look at their personal tax and estate planning situation and consider whether to take any action before Dec. 31. This year, with the Trump administration about to…more

Estate Planning, Tax Reform, Trump Administration, Year-End Tax Planning

See all updates »

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues…more

Bright-Line Rule, CFPB, Debt Collection, FCC, FDCPA

See all updates »

Property Managers, Owners and Leasing Companies Are Susceptible to Website Accessibility Lawsuits

The recent and pervasive trend of lawsuits being filed against companies based upon website accessibility issues, including numerous suits brought against hospitality companies for such issues and for failure to identify…more

ADA, Disability Discrimination, DOJ, Fair Housing Act (FHA), FEHA

See all updates »

Federal Circuit Clarifies Petitioner in AIA Reviews has Burden to Prove Unpatentability for Amended Claims

On October 4, 2017, the Federal Circuit provided some relief to patent owners by holding that petitioners seeking to cancel patent claims through inter partes review proceedings (“IPRs”) under the Leahy-Smith America Invents Act…more

America Invents Act, Burden of Proof, Claim Amendments, Patent Litigation, Patents

See all updates »

Property Managers, Owners and Leasing Companies Are Susceptible to Website Accessibility Lawsuits

The recent and pervasive trend of lawsuits being filed against companies based upon website accessibility issues, including numerous suits brought against hospitality companies for such issues and for failure to identify…more

ADA, Disability Discrimination, DOJ, Fair Housing Act (FHA), FEHA

See all updates »

United States Supreme Court: Foreclosure Law Firms Likely Exempt from Federal Fair Debt Law

On March 20, 2019, the United States Supreme Court held that a foreclosure law firm principally involved in conducting nonjudicial foreclosures (such as Colorado’s foreclosure process) is not covered by the federal Fair Debt…more

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

See all updates »

Dewatering During Construction and Post-Construction—Regulatory Paradigms and Options

Major construction projects, especially new office, residential and mixed-use buildings, often require dewatering to remove intercepted groundwater from subterranean areas. Intercepted water flows may continue even after…more

Construction Industry, Construction Project, Groundwater, Regulatory Standards

See all updates »

Looking into Our NLRB Crystal Ball

With everything going on in Washington, D.C., it is easy to overlook the significant changes to the National Labor Relations Board (“NLRB” or the “Board”). With the impending addition of two Republican-appointed members to the…more

Banner Health System, NLRB, Presidential Appointments, Purple Communications, Regulatory Agenda

See all updates »

Are Groundwater Extraction Fees Property Related or Regulatory Fees? It Depends

Two new Proposition 218-related cases published in March come to opposite conclusions in determining whether groundwater extraction and replenishment fees are “property-related” fees subject to Article XIII D of the California…more

Fees, Groundwater, Groundwater Management Plan, Proposition 218, Resource Extraction

See all updates »

#WheresThePrice: Proposed Rule Sneaks in Questions about Publishing Payer-Negotiated Rates

The most recent proposal in a series of efforts by the Trump administration to increase price transparency in health care is one that may eventually require hospitals and providers to publicly disclose the payer-negotiated rates…more

CMS, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Reform, Hospitals

See all updates »

Nevada Gaming Commission Nightclub Regulations Could Have an Impact Far Beyond Nightclubs

Nevada has a new law effective July 1, 2015, Senate Bill 38 (“SB 38”), ostensibly designed to address recurrent drug use, prostitution, sexual assault, and other crimes at Las Vegas’s night clubs and pool venues. But SB 38…more

Adult Entertainment, Gaming, Gaming Commissions, Licensing Rules, Nightclubs

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, DOJ, Gambling, Interstate Wire Act, Lottery

See all updates »

New Regulations Will Allow Nevada Casinos to Offer Skill-Based Games

A new Nevada law and regulations could soon bring skill-based games like Call of Duty, Wii Sports Resort, Gran Turismo, Grand Theft Auto, HALO, and NBA 2K15 with play-for-cash elements to casino floors in Nevada. The new games…more

Casinos, Gaming, Gaming Commissions, New Regulations

See all updates »

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans…more

Determination Letter, Employee Benefits, Hybrid Plan, IRS, Mergers

See all updates »

Expansion of Medicaid Eligibility for Undocumented Young Adults

In recent weeks, the states of California and Washington, and New York City have proposed expanding Medicaid eligibility for undocumented young adults. Given Medicaid’s combination of state and federal funding, House and Senate…more

Affordable Care Act, CHIP, CMS, Health Insurance, Low-Income Issues

See all updates »

FTC Puts Social Media Influencers on Notice for Possible Violations of the Truth-in-Advertising Laws

Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in his…more

Advertising, Celebrity Endorsements, FTC, FTC Endorsement Guidelines, Online Endorsements

See all updates »

President Signs Sweeping Water Legislation to Address Nation’s Water Woes and to Aid Parched California

On Friday, President Obama signed S. 612, the Water Infrastructure Improvements for the Nation (WIIN) Act into law, a bipartisan bill authorizing the U.S. Army Corps of Engineers to execute water infrastructure projects. The $12…more

Critical Infrastructure Sectors, Drought, Federal Funding, Obama Administration, Proposed Legislation

See all updates »

Repeal on Statewide Ban on Rent Control Introduced in Colorado Senate

Due to a multifaceted and diverse economy, and a corresponding influx in available jobs, Colorado has experienced tremendous growth over the last 10 years as the state’s population has increased by more than 13 percent since…more

Affordable Housing, Construction Industry, Investment Property, Landlords, Price Gouging

See all updates »

Dewatering During Construction and Post-Construction—Regulatory Paradigms and Options

Major construction projects, especially new office, residential and mixed-use buildings, often require dewatering to remove intercepted groundwater from subterranean areas. Intercepted water flows may continue even after…more

Construction Industry, Construction Project, Groundwater, Regulatory Standards

See all updates »

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

See all updates »

Health Plans Petition the Supreme Court to Determine Whether FEHBA Preempts State Anti-Subrogation Statutes

The Federal Employees Health Benefit Act (FEHBA) governs federal employee health plans and contains a broad preemption clause comparable to the one found in ERISA.1 Despite the similarity, state and federal courts are split on…more

Contract Interpretation, ERISA, Federal Employees, FEHBA, Health Insurance

See all updates »

Congress Accelerates Toward CFIUS Expansion

For the first time in more than a decade, legislation to expand the scope of business transactions scrutinized by the Committee on Foreign Investment in the U.S. (CFIUS) is gaining momentum in Congress. Lawmakers on both sides…more

CFIUS, FIRRMA, Foreign Investment, Legislative Agendas, National Security

See all updates »

Equity Cure Rights in Loan Agreements

The purpose of each of our client memos is to highlight for the reader developments in the middle-market lending space that we have observed over the course of our practice. While each deal is different, over time certain…more

Compliance, Equity Claims, Lenders, Loan Agreements, Loans

See all updates »

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans…more

Determination Letter, Employee Benefits, Hybrid Plan, IRS, Mergers

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource for…more

Building Permits, CA Supreme Court, California Coastal Commission, CEQA, Climate Change

See all updates »

New Nevada Requirement for Employers of Domestic Workers

As of Jan. 1, 2018, if you employ a nanny, gardener, caretaker, housekeeper or other domestic worker, you are required to have a written agreement with that employee. Please see full Alert below for more information…more

Domestic Workers, Employee Rights, Employer Mandates, New Regulations, Wage and Hour

See all updates »

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans…more

Determination Letter, Employee Benefits, Hybrid Plan, IRS, Mergers

See all updates »

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners to…more

Local Ordinance, Mixed-Use Zoning, Real Estate Development, Urban Planning & Development, Zoning Laws

See all updates »

2016 New Mexico Legislative Update

The 2016 New Mexico Legislature convened on January 19 and adjourned on February 18. This legislative session was limited by the New Mexico Constitution to “budgets, appropriations and revenue bills; bills drawn pursuant to a…more

Appropriations Bill, Legislative Agendas, Proposed Legislation, State Budgets

See all updates »

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans…more

Determination Letter, Employee Benefits, Hybrid Plan, IRS, Mergers

See all updates »

Taxation & Representation - June 2019

In This Issue - Tax Tidbit - - IRS by the Numbers LegislativeLowdown - - Stayin' Alive - TCJA: Tax Cuts, Joking Around? - The Retirement Exchange - Mnuchin's Special Measures - Build That…more

Controlled Foreign Corporations, Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues

See all updates »

Colorado Supreme Court Revisits Economic Loss Rule

The Colorado Supreme Court has issued a number of opinions over the last several years clarifying the scope of the economic loss rule. On May 7, 2019, the court revisited the economic loss rule in Bermel v. BlueRadios, Inc.,…more

Attorney's Fees, Breach of Contract, Cause of Action Accrual, CO Supreme Court, Economic Loss Doctrine

See all updates »

States Diverge on Employment Law Protections for Medical Marijuana Users

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test…more

Adverse Employment Action, Disability Discrimination, Employer Liability Issues, Employment Policies, Essential Functions

See all updates »

Proposed Clark County Business License Ordinances – Taverns and Gaming License

Significant changes are under consideration by Clark County Business License to Clark County Code Title 8 (liquor and gaming licensing procedures) that may be of interest. Please see full Alert below for more information…more

Breweries, Business Licenses, Gaming, Local Ordinance, Restaurant Industry

See all updates »

Southern Nevada Municipal Election Results Are In

Tuesday was Election Day in the cities of Las Vegas, North Las Vegas and Boulder City, bringing new council members to all three municipalities—including a major shift in the City of Las Vegas, with three new City Council…more

City Councils, Election Results, Local Elections, Mayors, Political Candidates

See all updates »

The Challenge of Increasing Broadband Access on Tribal Lands

The Federal Communications Commission has made closing the “digital divide” a top priority, particularly on tribal lands. Despite this lofty goal, and millions of federal dollars theoretically available to subsidize building…more

Broadband, Digital Divide, FCC, Native American Issues, Subsidies

See all updates »

CEQA News You Can Use - Vol. 4, Issue 1

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

CEQA, Climate Action Plan, Environmental Impact Report (EIR), Exemptions, Guidance Update

See all updates »

Southern Nevada Municipal Election Results Are In

Tuesday was Election Day in the cities of Las Vegas, North Las Vegas and Boulder City, bringing new council members to all three municipalities—including a major shift in the City of Las Vegas, with three new City Council…more

City Councils, Election Results, Local Elections, Mayors, Political Candidates

See all updates »

CEQA News You Can Use - Vol. 4, Issue 1

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

CEQA, Climate Action Plan, Environmental Impact Report (EIR), Exemptions, Guidance Update

See all updates »

The FCC to Propose Major Changes to Its Rural Health Care Funding Programs

The Federal Communications Commission (FCC) is launching a major revision to its Rural Health Care (“RHC”) subsidy programs. These revisions would address two main issues, the level of funding and ways to make the programs more…more

FCC, Fraud Abuse and Waste, Funding, Public Comment, Rural Health Care Program

See all updates »

Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement Proceedings

The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In fact,…more

Disgorgement, Enforcement Actions, Kokesh v SEC, Penalties, SCOTUS

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The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

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Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

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Repeal on Statewide Ban on Rent Control Introduced in Colorado Senate

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2015 Washington Outlook

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The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

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STATES Act Bill Addresses Incongruity in Federal Law and State Marijuana Regulation

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Controlled Substances Act, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Budget Control Act: FY20 Debate Will Soon Heat Up

Rumors are swirling about the terms of President Trump’s fiscal year (FY) 2020 budget submission to Congress, but one thing is for certain—the request will be at least a month late. This will delay consideration of other core…more

Appropriations Bill, Bipartisan Budget Act, Budget Control Act of 2011, Defense Contracts, Federal Budget

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