Buchalter

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1000 Wilshire Boulevard
Suite 1500
Los Angeles, California 90017-1730, United States
Phone: (213) 891-0700
Fax: (213) 896-0400
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Washington
Number of Attorneys
100+ Attorneys

A Recent Ruling About the “Willful and Malicious” Standard for Plaintiff’s Recovering Attorneys’ Fees Under the California Uniform Trade Secrets Act

The California Uniform Trade Secrets Act (“CUTSA”) allows courts to award reasonable attorneys’ fees and costs to the prevailing plaintiff in a claim for trade secret misappropriation when a “willful and malicious…more

Attorney's Fees, Enhanced Damages, Facebook, Lost Profits, Misappropriation

See all updates »

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber…more

Arbitration, Clickwrap Agreements, Consumer Contracts, Mandatory Arbitration Clauses, Mobile Apps

See all updates »

Buchalter Client Alert COVID-19: Large Employers in the City of Los Angeles Must Provide Supplemental Paid Sick Leave

The federal government recently enacted the Families First Coronavirus Response Act (“FFCRA”), which requires small businesses with less than 500 employees to provide a certain amount of paid sick leave and paid family and…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Mayor Garcetti, Sick Leave

See all updates »

Buchalter Client Alert COVID-19: Large Employers in the City of Los Angeles Must Provide Supplemental Paid Sick Leave

The federal government recently enacted the Families First Coronavirus Response Act (“FFCRA”), which requires small businesses with less than 500 employees to provide a certain amount of paid sick leave and paid family and…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Mayor Garcetti, Sick Leave

See all updates »

House Hands SELF DRIVE Act to Senate

On September 6, 2017, the House unanimously passed the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act (the SELF DRIVE Act), bringing the nation one step closer to an autonomous vehicle reality. If…more

Automotive Industry, Connected Cars, Driverless Cars, Motor Vehicles, NHTSA

See all updates »

An Opportunity for Creditors to Enforce Prospective Waivers of the Automatic Stay

A recent ruling of the Bankruptcy Court for the Central District of California endorsed a path toward enforceability of prospective waivers of the automatic stay in certain circumstances. In short, such a waiver approved in a…more

Automatic Stay, Bankruptcy Code, Borrowers, Commercial Bankruptcy, Consumer Bankruptcy

See all updates »

Buchalter COVID-19 Client Alert: San Francisco Continues “Shelter in Place” Order with Limited Expansion of Essential Business Operations

Since the beginning of the shelter-in-place period on March 16, most office tenants in San Francisco have been deemed non-essential and ordered not to open for business except for the conduct of limited “minimum basic…more

Best Practices, Coronavirus/COVID-19, Personal Protective Equipment, Public Health Emergency, Re-Opening Guidelines

See all updates »

Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an…more

Compensation, Coronavirus/COVID-19, DOL, Employee Benefits, Employer Responsibilities

See all updates »

Trade Secrets: Intersection of state and federal law

In May 2016, the US Congress enacted the Defend Trade Secrets Act (“DTSA”), which created a federal private right of action for trade secret misappropriation “if the trade secret is related to a product or service use in, or…more

Defend Trade Secrets Act (DTSA), Federal v State Law Application, Intellectual Property Protection, Misappropriation, Trade Secrets

See all updates »

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

Buchalter Client Alert COVID-19: COVID-19 and Intellectual Property Law - UPDATED

On Friday, March 27, 2020, the CARES ACT was signed into law. The Cares Act includes provisions for changing deadlines for patents, trademarks, and copyrights. For patents and trademarks, the Act permits the Under Secretary of…more

CARES Act, Coronavirus/COVID-19, Intellectual Property Protection, Relief Measures, USPTO

See all updates »

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

See all updates »

Maintain immunity under the Communications Decency Act [MCLE]

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal…more

Communications Decency Act, Defamation, Immunity, Internet, Online Reputation

See all updates »

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

See all updates »

California Regulatory Happenings - March 2020

This ruling formally initiates the “procurement track” as outlined in Decision (D.) 19 04-040. The ruling generally describes the scope and content of the procurement track, and seeks comments from parties on its framing and…more

Administrative Proceedings, ALJ, Electricity, Energy Sector, Natural Gas

See all updates »

Upcoming Changes to Trademark Prosecution in the European Union

When seeking international protection for one’s trademarks, it can come as welcome news that one can file one trademark application to cover all countries in the European Union. Such trademark applications and registrations are…more

EU, Filing Fees, International Trademark Protection, OHIM, Trademark Application

See all updates »

Cyber Security/Data Breach: President Calls for New AntiHacking Legislation

With recent high profile cyber-attacks against Sony and other companies, data hacking has quickly risen to forefront of issues on the President’s agenda. That’s why, as widely anticipated, the President took the opportunity…more

Cyber Attacks, Cybersecurity, Hackers, Obama Administration, Proposed Legislation

See all updates »

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

See all updates »

Good News for Creditors in Individual Bankruptcy Cases

For the past several years, creditors in the Ninth Circuit were confounded by an interpretation of the bankruptcy code that permitted individual chapter 11 debtors to retain a significant portion of their assets without creditor…more

Absolute Priority Rule, Bankruptcy Code, BAPCPA, Chapter 11, Cramdown

See all updates »

Technology Industry Newsletter - June 2016

For technology companies seeking investment capital, the new SEC regulations on crowdfunding that went into effect on May 16, 2016 present new funding options by expanding the pool of investors beyond the traditional funding…more

Air Traffic Control Systems, Commercial Leases, Crowdfunding, Defend Trade Secrets Act (DTSA), Exemptions

See all updates »

Buchalter Client Alert COVID-19: Did you receive a deposit from HHS? Before you spend it, read this.

In addition to proceeds from the U.S. Small Business Administration’s (“SBA”) Payment Protection Program and the Centers for Medicare & Medicaid Services’ (“CMS”) Accelerated and Advance Payment Program, the U.S. Department of…more

Bank Deposits, CARES Act, CMS, Coronavirus/COVID-19, Department of Health and Human Services (HHS)

See all updates »

Ninth Circuit Changes Course and Asks the California Supreme Court to Decide Whether the Dynamex Decision is Retroactive

On April 30, 2018, the California Supreme Court issued its landmark Dynamex decision, applying a new “ABC” test to determine whether workers are classified improperly as independent contractors for claims brought under the…more

ABC Test, Appeals, CA Supreme Court, Employer Liability Issues, Independent Contractors

See all updates »

2020 Check List: Update Noncompete Agreements to Comply with New Restrictions in Washington and Revisit IP and Arbitration Provisions in Employment and Independent Contractor Agreements

Washington’s New Noncompetition Law – RCW Chapter 49.62 (Noncompetition Covenants). Effective January 1, 2020, a Washington State law prohibits employers from enforcing noncompetition agreements against employees earning less…more

Best Practices, Employer Liability Issues, Employment Contract, Independent Contractors, New Legislation

See all updates »

Buchalter Covid-19 Client Alert: Federal Reserve Expands Main Street Lending Program; Reduces Some Minimum Loan Amounts, Raises Maximum Loan Amounts, Extends Loan Term

On June 8, the Federal Reserve announced a number of changes to the Main Street Lending Program (“MSLP”), involving all three facilities, the Main Street New Loan Facility (“MSNLF”), the Main Street Priority Loan Facility…more

EBITDA, Federal Reserve, Loans, Main Street Expanded Loan Facility, Main Street Lending Programs

See all updates »

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

See all updates »

Comments on Proposed 199A Regs Regarding Qualified REIT Dividends Due Soon

Comments are due on April 9, 2019 with respect to the recent proposed regulations regarding eligibility of qualified REIT dividends for the qualified business income deduction under Code Section 199A. On January 18, 2019 the…more

Corporate Taxes, Investment Companies, IRS, Partnerships, Pass-Through Entities

See all updates »

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

See all updates »

Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an…more

Compensation, Coronavirus/COVID-19, DOL, Employee Benefits, Employer Responsibilities

See all updates »

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights…more

Acquisitions, Choice-of-Law, DOL, Domestic Violence, Due Diligence

See all updates »

Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR). It has also issued a revised forgiveness application form, worksheet and…more

Applications, Interim Final Rules (IFR), Loan Forgiveness, Paycheck Protection Program (PPP), SBA

See all updates »

Buchalter COVID-19 Client Alert: Mitigating Exposure to Employee COVID-19 Illness Claims

As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is…more

Coronavirus/COVID-19, Executive Orders, Fraudulent Concealment, Governor Newsom, Mitigating Factors

See all updates »

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

See all updates »

House Hands SELF DRIVE Act to Senate

On September 6, 2017, the House unanimously passed the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act (the SELF DRIVE Act), bringing the nation one step closer to an autonomous vehicle reality. If…more

Automotive Industry, Connected Cars, Driverless Cars, Motor Vehicles, NHTSA

See all updates »

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

CFPB, HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

See all updates »

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

Congress Passes Landmark IP Legislation: Defend Trade Secrets Act

On April 28 Congress passed the Defend Trade Secrets Act (“DTSA”), which creates a federal private right of action for trade secret misappropriation. Enactment into law is virtually certain, as President Obama, a long-time…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

See all updates »

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

CFPB, HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

See all updates »

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

CFPB, HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

See all updates »

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In…more

Cancer, Corporate Counsel, Enforcement, EPA, Permanent Injunctions

See all updates »

What the Drought Emergency Declaration Means for Your Business

By Executive Order B-29-15, signed on April 1, 2015, Governor Brown declared a state of drought emergency “to exist throughout the State of California ….” Among other things, the recitals state: WHEREAS a distinct…more

Drought, Emergency Response, Enforcement, Executive Orders, Jerry Brown

See all updates »

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In…more

Cancer, Corporate Counsel, Enforcement, EPA, Permanent Injunctions

See all updates »

Factor Beware: A Judgment Lien Creditor in California May Have Priority Over Your Security Interest

A factor may receive notice from a judgment creditor that the judgment creditor holds a judgment lien on the accounts of the factor’s client, and be tempted to ignore the notice, since the judgment lien is later in time than the…more

Judgment Creditors, Liens, Perfected Security Interest, Personal Property, Priority Debt

See all updates »

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Buchalter COVID-19 Client Alert: San Francisco Continues “Shelter in Place” Order with Limited Expansion of Essential Business Operations

Since the beginning of the shelter-in-place period on March 16, most office tenants in San Francisco have been deemed non-essential and ordered not to open for business except for the conduct of limited “minimum basic…more

Best Practices, Coronavirus/COVID-19, Personal Protective Equipment, Public Health Emergency, Re-Opening Guidelines

See all updates »

Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR). It has also issued a revised forgiveness application form, worksheet and…more

Applications, Interim Final Rules (IFR), Loan Forgiveness, Paycheck Protection Program (PPP), SBA

See all updates »

Buchalter Client Alert COVID-19: Considerations for Employers Bringing Employees Back to Work in the Wake of the COVID-19 Pandemic

As the White House and state and local governments begin to assess business re-opening measures in the wake of the COVID-19 pandemic, employers are evaluating how to transition employees back to the physical workplace. As a…more

CDC, Coronavirus/COVID-19, Employer Responsibilities, OSHA, Personal Protective Equipment

See all updates »

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

See all updates »

Buchalter COVID-19 Client Alert: Financial Accommodations for Airport Tenants in Response to COVID-19

Airport sponsors and their legal counsel have been forced by the COVID-19 pandemic to exercise judgment and make tough decisions regarding the financial accommodations they will offer their commercial aeronautical tenants to…more

Abatement, Airports, Coronavirus/COVID-19, Federal Aviation Administration (FAA), Rent

See all updates »

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

See all updates »

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

The Impact the New Prop 65 Warning Regulations on Multi-Family Apartments and Other Prop 65 Updates

There have been recent developments in the enforcement of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65 or Prop 65) that require businesses with 10 or more employees to…more

Apartments, Commercial Property Owners, Landlords, Multi-Family Development, Notice Requirements

See all updates »

Planning to attend Bottlerock 2017?

Bottlerock 2017 is fast approaching and Napa County will be flooded with thousands of people. Many of the people who attend this event will be from out of town and will be looking for a place to stay for the weekend…more

Commercial Activity Exception, Local Ordinance, Permits, Residential Property Owners, Vacation Rentals

See all updates »

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

See all updates »

Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR). It has also issued a revised forgiveness application form, worksheet and…more

Applications, Interim Final Rules (IFR), Loan Forgiveness, Paycheck Protection Program (PPP), SBA

See all updates »

Caution Advised When Billing and Collecting from Uninsured Emergency Patients

Last month, a California appellate decision partially reversed an order denying class certification in Sarun v. Dignity Health—a lawsuit, which essentially seeks to limit uninsured patient liability for emergency medical…more

Civil Code, Class Action, Class Certification, Contract Interpretation, Declaratory Relief

See all updates »

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

CFPB, HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

See all updates »

Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR). It has also issued a revised forgiveness application form, worksheet and…more

Applications, Interim Final Rules (IFR), Loan Forgiveness, Paycheck Protection Program (PPP), SBA

See all updates »

California Supreme Court Rejects On-Call Rest Breaks

The California Supreme Court recently issued a significant opinion regarding the issue of off-duty rest breaks in Augustus v. ABM Security Services, Inc. (Dec. 22, 2016). The Court, in the context of employees being required to…more

CA Supreme Court, Employer Liability Issues, Off-Duty Employees, On-Call Employees, Rest and Meal Break

See all updates »

Buchalter Client Alert COVID-19: Bay Area Shelter-in-Place Order and Local Government Status

On March 31, seven Bay Area counties issued stricter shelter-in-place orders and extended their effectiveness to at least May 3 (collectively, the “Orders”). As of the morning of April 2, Napa County noted that it will be…more

Bay Area, Construction Industry, Coronavirus/COVID-19, Shelter-In-Place

See all updates »

Consignment, the UCC, and You – Protecting Your Goods and Their Proceeds

In a consignment distribution model, a third party Warehouse (the consignee) takes possession of goods on behalf of a Vendor (the consignor) for sale to Customers. Title passes directly from the Vendor to the Customer, and the…more

Article 9, Commercial Bankruptcy, Distributors, Perfected Security Interest, Third-Party

See all updates »

Buchalter Client Alert Covid-19: Cybercrimes

The COVID-19 pandemic have opened the floodgates of cybercrime, as hackers are exploiting distracted workers adjusting to working from home. This alert highlights a number of these issues and its relationship with California…more

California Consumer Privacy Act (CCPA), Coronavirus/COVID-19, Cyber Crimes, Cybersecurity, Hackers

See all updates »

Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

See all updates »

Buchalter COVID-19 Client Alert: Cal/OSHA Issues Interim General Guidelines on Protecting Workers from COVID-19 and Guidance Regarding COVID-19 Recording and Reporting Requirements

As California continues to move through Stage 2 of its Resilience Roadmap, “Lower-risk workplaces,” where retail (curbside and delivery only), related logistics and manufacturing, office workplaces, limited personal services,…more

Cal-OSHA, CDC, Coronavirus/COVID-19, FMLA, Infectious Diseases

See all updates »

Attention Secured Lenders: The 2010 Amendments to Article 9 are Beginning to Take Effect

Article 9 of the Uniform Commercial Code, which governs security interests in transactions secured by personal property, is currently undergoing its first revision since 1998. The 2010 Amendments to Article 9 (the “2010…more

Article 9, Debtors, Lenders, Personally Identifiable Information, Uniform Commercial Code (UCC)

See all updates »

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such…more

Business Continuity Plans, Business Interruption, Commercial General Liability Policies, Coronavirus/COVID-19, Corporate Counsel

See all updates »

If You Conduct Any Business with Entities (Including Affiliates) Outside of the U.S., Then Please Read

The International Services Survey is here again and is due by June 29, 2018. If you conducted any transaction relating to intellectual property with a foreign entity (defined as any company outside of the United States, even if…more

BEA, Bureau of Economic Analysis, Foreign Affiliates, Intellectual Property Agreements, Intellectual Property Protection

See all updates »

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

CFPB, HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

See all updates »

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

See all updates »

A Once in a Lifetime Opportunity to Reduce a Property’s Taxes: A Supplemental Notice of Value

In the next few weeks, county assessors throughout Arizona will issue supplemental notices of value for the 2018 tax year. Supplemental notices are issued when there is new construction or additions, parcel splits or…more

Administrative Appeals, Construction Project, Land Parcels, Property Owners, Property Tax

See all updates »

Buchalter Client Alert COVID-19: Judicial Council Enacts COVID-19 Emergency Rules Preventing Unlawful Detainers and Staying Judicial Foreclosure Actions Statewide

On Monday, April 6, 2020, in an Emergency Meeting to address issues arising from the COVID-19 Crisis, the Judicial Council enacted emergency rules that protect tenants and borrowers by temporarily preventing California courts…more

Borrowers, California, Coronavirus/COVID-19, Eviction, Foreclosure

See all updates »

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

See all updates »

Sellers and Consignors Beware? The Rights of Sellers and Consignors of Apparel and Other Goods in Bankruptcy: Some Questions and Issues to Consider in Light of Barney’s Potential Bankruptcy Filing.

Numerous published reports indicate that Barney’s (which previously filed for bankruptcy in 1996) has retained bankruptcy counsel and financial advisors in preparation for a potential bankruptcy filing which, according to some…more

Chapter 11, Commercial Bankruptcy, Creditors, Retailers, Vendors

See all updates »

Buchalter Covid-19 Client Alert: Federal Reserve Expands Main Street Lending Program; Reduces Some Minimum Loan Amounts, Raises Maximum Loan Amounts, Extends Loan Term

On June 8, the Federal Reserve announced a number of changes to the Main Street Lending Program (“MSLP”), involving all three facilities, the Main Street New Loan Facility (“MSNLF”), the Main Street Priority Loan Facility…more

EBITDA, Federal Reserve, Loans, Main Street Expanded Loan Facility, Main Street Lending Programs

See all updates »

What Every Technology Company Needs to Know About Assumption, Assumption and Assignment, Or Rejection Of Its Contracts In Bankruptcy

Technology companies can preserve both significant sums of money and valuable intellectual property rights if they take action when a customer or business partner files for bankruptcy protection…more

Business Partners, Commercial Bankruptcy, Customer Funds, Emerging Technology Companies, IP Assignment Agreements

See all updates »

Executive Order Aimed at Restricting Civil Liability Protections Afforded to Social Media Companies

On May 28, 2020, President Trump signed an executive order aimed at limiting the protections afforded to social media companies like Twitter and Facebook. The executive order was signed shortly after Twitter added fact-checking…more

Civil Liability, Communications Decency Act, Donald Trump, Executive Orders, Facebook

See all updates »

New Income Averaging Guidance (Revenue Ruling 2020-4)

On January 30, 2020 the IRS recently issued Revenue Ruling 2020-4 that provides additional guidance on calculating income limit designations for units in a project that has selected the Average Income Test to qualify for the…more

Consolidated Appropriations Act, HUD, Income Test, IRS, LIHTC

See all updates »

Ninth Circuit Opinion Highlights Vapor Intrusion Risks and Challenges Faced by Brownfields Developers and Their Lenders

A recent ruling by the United States Court of Appeals for the Ninth Circuit illustrates the challenges faced by developers of contaminated properties and their lenders, as well as the extraordinary risks associated with sites…more

Brownfield Properties, Chemicals, Contaminated Properties, Contamination, Environmental Claims

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Disability Access Law Update Requires Changes To Disclosures In Commercial Leases Executed On Or After January 1, 2017

In 2012, the California Legislature passed Senate Bill 1186 in an effort to reduce the number of disability access lawsuits faced by business owners and to spur compliance with disability access laws. The bill, codified in…more

Accessibility Rules, CASp, Commercial Leases, Commercial Tenants, Disability Access Claims

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Buchalter Client Alert COVID-19: Local COVID-19 Related Emergency Sick Leave Ordinances in California: San Francisco and San Jose

Cities in California have been implementing local ordinances providing for emergency supplemental paid sick leave for local workers in the wake of the COVID-19 pandemic, which adds complexity for employers navigating the rapidly…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Local Ordinance, Sick Leave, Wage and Hour

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California Energy Regulatory Weekly Update - June 2020

On 12/5/19 the California Environmental Justice Alliance, Sierra Club, Defenders of Wildlife and the Public Advocates Office submitted an application for rehearing and clarification of D.19-02-007. The parties allege that the…more

CAISO, California Air Resources Board, CARB, CPUC, Energy Sector

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Tax Amnesty Is Back in Arizona

The State of Arizona’s 2016 amnesty program offers significant benefits to most individuals and corporations with past-due taxes. Once again, Arizona taxpayers with many types of past-due state and local taxes will have an…more

Back Taxes, Department of Revenue, Income Taxes, Interest Payments, Sales & Use Tax

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Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing businesses. …more

Business Entities, Capital Raising, Confidential Information, Convertible Debt, Crowdfunding

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Ninth Circuit Decision Solidifies the Importance of Adhering to Registration Formalities

A recent decision from the Ninth Circuit Court of Appeals is likely to have a significant impact on both copyright infringement matters and copyright registration practices in the Ninth Circuit, if not nationwide. The case,…more

Appeals, Appellate Courts, Copyright Infringement, Copyright Office, Copyright Registration

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Quiet Skies Congressional Caucus Gets Brush Off from FAA

Many communities rely on Congressional representation to establish lines of communication with the Federal Aviation Administration (“FAA”) because communication with federal agencies in general and FAA particularly is difficult…more

Aircraft, Airlines, Airports, Aviation Industry, Federal Aviation Administration (FAA)

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Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

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Feds Ease Regulation of High Volatility Commercial Real Estate (HVCRE) Lending

On May 24, 2018, the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) took effect and, among other things, eased some of the restrictions on bank lending involving what is referred to as high volatility…more

Acquisitions, Borrowers, Capital Contributions, Construction Project, Economic Growth Regulatory Relief and Consumer Protection Act

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Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

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Buchalter COVID-19 Client Alert: California’s Employment Training Panel Extends COVID-19 Assistance

California created the Employment Training Panel (“ETP”) cash grant program in 1982 to provide funds to California businesses for job-related vocational skills training for businesses creating new jobs or retraining current…more

California, Contract Terms, Coronavirus/COVID-19, Extensions, State and Local Government

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Comments on Proposed 199A Regs Regarding Qualified REIT Dividends Due Soon

Comments are due on April 9, 2019 with respect to the recent proposed regulations regarding eligibility of qualified REIT dividends for the qualified business income deduction under Code Section 199A. On January 18, 2019 the…more

Corporate Taxes, Investment Companies, IRS, Partnerships, Pass-Through Entities

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Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

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Congress Passes Landmark IP Legislation: Defend Trade Secrets Act

On April 28 Congress passed the Defend Trade Secrets Act (“DTSA”), which creates a federal private right of action for trade secret misappropriation. Enactment into law is virtually certain, as President Obama, a long-time…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

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Buchalter Client Alert COVID-19: Bay Area Shelter-in-Place Order and Local Government Status

On March 31, seven Bay Area counties issued stricter shelter-in-place orders and extended their effectiveness to at least May 3 (collectively, the “Orders”). As of the morning of April 2, Napa County noted that it will be…more

Bay Area, Construction Industry, Coronavirus/COVID-19, Shelter-In-Place

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Tech Industry Bulletin

In this Bulletin: - Intellectual Property: Guidance to the Upstart Tech Company for Protecting IP Rights - Mergers & Acquisitions: Five Legal Issues Entrepreneurs Should Consider Before Agreeing To an Earn-Out in…more

Aerospace, Business Assets, Business Litigation, Cybersecurity, Debt Financing

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Points & Authorities - Summer 2013: The Danger of Commingling Fees under the Talent Agencies Act

During its eight years on the air, Dog the Bounty Hunter brought audiences a weekly dose of Duane “Dog” Chapman’s successful bounty-hunting. This past November, Dog and his wife, Alice Barmore-Smith, succeeded in convincing the…more

Bounty Hunters, Commingling, Entertainment Industry, Fees, Talent Agencies Act

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Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In…more

Cancer, Corporate Counsel, Enforcement, EPA, Permanent Injunctions

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Buchalter Client Alert COVID-19: Despite the Shut Down and Absence of Final Implementing Regulations, California’s Attorney General Still Intends to Enforce the California Consumer Privacy Act Starting July 1, 2020

While California remains under state and local Safer-at-Home orders, and many businesses have been shuttered or forced to modify their day-to-day business, the California Attorney General still intends to begin to enforce…more

California Consumer Privacy Act (CCPA), Data Collection, Shelter-In-Place

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Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR). It has also issued a revised forgiveness application form, worksheet and…more

Applications, Interim Final Rules (IFR), Loan Forgiveness, Paycheck Protection Program (PPP), SBA

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Buchalter Client Alert COVID-19: Considerations for Employers Bringing Employees Back to Work in the Wake of the COVID-19 Pandemic

As the White House and state and local governments begin to assess business re-opening measures in the wake of the COVID-19 pandemic, employers are evaluating how to transition employees back to the physical workplace. As a…more

CDC, Coronavirus/COVID-19, Employer Responsibilities, OSHA, Personal Protective Equipment

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Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

See all updates »

Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

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Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

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Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing businesses. …more

Business Entities, Capital Raising, Confidential Information, Convertible Debt, Crowdfunding

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Buchalter Client Alert COVID-19: Potential Trademark Cautions When Creating New Goods/Services in These Times

During these very trying times, we see many of our clients, as well as others shifting from their primary business operations to ones that aim to provide help and give new solutions to this problem that we face. We see…more

Coronavirus/COVID-19, Defense Production Act, Medical Supplies, Personal Protective Equipment, Trademarks

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California Energy Regulatory Weekly Update - June 2020

On 12/5/19 the California Environmental Justice Alliance, Sierra Club, Defenders of Wildlife and the Public Advocates Office submitted an application for rehearing and clarification of D.19-02-007. The parties allege that the…more

CAISO, California Air Resources Board, CARB, CPUC, Energy Sector

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Removing the Barriers to Coordinated Care: the Stark Law

August 10, 2015 was the 22nd anniversary of the expansion of the Medicare self-referral prohibition to include 10 “designated health services” in addition to clinical laboratory tests. This law is the so-called Stark Law…more

Anti-Kickback Statute, CMS, False Claims Act (FCA), Health Care Providers, Hospitals

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Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit Non-Compete Agreements

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the…more

Class Action Arbitration Waivers, Confidential Information, Employment Contract, NLRA, NLRB

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Solutions and Alternatives to Bankruptcy in the Cannabis Industry and Financing Options Available

A Marijuana Related Business (or MRB), whether a plant-touching operation or a provider of goods and services to a plant-touching operations cannot seek protection from the Bankruptcy Court as Bankruptcy Court is a Federal Court…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11, Chapter 7, Marijuana Related Businesses

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The Clock is Running: It’s Time for Healthcare Employers to Reassess Their Workers’ Employment Status

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill No. 5 (“AB 5“), which codifies the result of Dynamex Operations West v. Superior Court, No. S222732, a case that significantly changes the way…more

ABC Test, Borello Test, Dynamex, Employer Liability Issues, Governor Newsom

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Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR). It has also issued a revised forgiveness application form, worksheet and…more

Applications, Interim Final Rules (IFR), Loan Forgiveness, Paycheck Protection Program (PPP), SBA

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Regulatory and Product Liability Overview for Distributors of Food Products in California

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product…more

Breach of Warranty, Causation, Defense Strategies, Distributors, Failure To Warn

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Buchalter Client Alert COVID-19: Environmental Compliance during COVID-19 (Hint: EPA did not Suspend Environmental Laws)

Compliance with environmental regulations is challenging under the best of circumstances, but the COVID-19 crisis and measures taken in response add a new layer of complexity. The lack of a consistent message from elected…more

Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, EPA

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Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider

Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be…more

Coronavirus/COVID-19, Infectious Diseases, Property Management Companies, Property Managers, Public Health

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Prop 65 Cancer Warning Coming To Grandma’s Tylenol?

Millions of Americans, including many grandmothers, suffer from pain, whether it be from swollen joints, bad backs, headaches or stiffness – and dozens of other reasons. For those who do not or cannot take prescription…more

Cancer, FDA, Johnson & Johnson, Manufacturers, OEHHA

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Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber…more

Arbitration, Clickwrap Agreements, Consumer Contracts, Mandatory Arbitration Clauses, Mobile Apps

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California Amends Uniform Commercial Code Article 9 Regarding Name of Individual Debtor on Financing Statements

The California Legislature passed, and Governor Brown signed, Assembly Bill No. 1858, which changes the way individual debtors are identified in Uniform Commercial Code financing statements. The bill brings California into line…more

Article 9, Debtors, Driver's Licenses, Lenders, New Legislation

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Warning: Warranties Can Survive Close of Escrow Even When You Think They Won’t

As the seller of real property, you might have heard: “Don’t worry, that warranty won’t survive the closing.” Or, you may have assumed that because the purchase agreement stated that certain representations and warranties did…more

Appeals, Breach of Contract, Buyers, Commercial Real Estate Market, Deed of Trust

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Sellers and Consignors Beware? The Rights of Sellers and Consignors of Apparel and Other Goods in Bankruptcy: Some Questions and Issues to Consider in Light of Barney’s Potential Bankruptcy Filing.

Numerous published reports indicate that Barney’s (which previously filed for bankruptcy in 1996) has retained bankruptcy counsel and financial advisors in preparation for a potential bankruptcy filing which, according to some…more

Chapter 11, Commercial Bankruptcy, Creditors, Retailers, Vendors

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Buchalter Covid-19 Client Alert: Federal Reserve Expands Main Street Lending Program; Reduces Some Minimum Loan Amounts, Raises Maximum Loan Amounts, Extends Loan Term

On June 8, the Federal Reserve announced a number of changes to the Main Street Lending Program (“MSLP”), involving all three facilities, the Main Street New Loan Facility (“MSNLF”), the Main Street Priority Loan Facility…more

EBITDA, Federal Reserve, Loans, Main Street Expanded Loan Facility, Main Street Lending Programs

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Technology Industry Newsletter - June 2016

For technology companies seeking investment capital, the new SEC regulations on crowdfunding that went into effect on May 16, 2016 present new funding options by expanding the pool of investors beyond the traditional funding…more

Air Traffic Control Systems, Commercial Leases, Crowdfunding, Defend Trade Secrets Act (DTSA), Exemptions

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New California Employment Law Changes Effective January 1, 2019 and Beyond

As the New Year approaches, there are several critical changes in California’s employment laws set to take effect. Many of these changes were driven by the #MeToo movement, which marked its first anniversary in 2018 and is…more

#MeToo, Anti-Harassment Policies, Cal Code of Civil Procedure, Defamation, Employee Training

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Buchalter Client Alert COVID-19: Did you receive a deposit from HHS? Before you spend it, read this.

In addition to proceeds from the U.S. Small Business Administration’s (“SBA”) Payment Protection Program and the Centers for Medicare & Medicaid Services’ (“CMS”) Accelerated and Advance Payment Program, the U.S. Department of…more

Bank Deposits, CARES Act, CMS, Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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Ninth Circuit Decision Solidifies the Importance of Adhering to Registration Formalities

A recent decision from the Ninth Circuit Court of Appeals is likely to have a significant impact on both copyright infringement matters and copyright registration practices in the Ninth Circuit, if not nationwide. The case,…more

Appeals, Appellate Courts, Copyright Infringement, Copyright Office, Copyright Registration

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Hospitality Industry Law Newsletter

Who Are My Employees? The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also…more

Browning-Ferris Industries of California Inc., Copyright, Discrimination, Fair Pay Act, FEHA

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DOT Proposes New Regulations on Service Animals in Air Travel

Passengers seeking to travel with their service animals in the main cabin may soon face new restrictions from airlines, as the Department of Transportation (“DOT”) recently published a Notice of Proposed Rulemaking (“NPRM”) to…more

Airlines, Airports, Comment Period, Department of Transportation (DOT), Emotional Support Animals

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Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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Buchalter COVID-19 Client Alert: Mitigating Exposure to Employee COVID-19 Illness Claims

As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is…more

Coronavirus/COVID-19, Executive Orders, Fraudulent Concealment, Governor Newsom, Mitigating Factors

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HIPAA Security Rule Compliance for Providers & Business Associates in Three Easy Steps

On August 4, 2016, the Office for Civil Rights (“OCR”) of the U.S. Health & Human Services Department (“HHS”) announced a $5.55 million HIPAA settlement with Advocate Health Care Network (“Advocate”), the largest…more

Business Associates, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Encryption

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Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

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2020 Check List: Update Noncompete Agreements to Comply with New Restrictions in Washington and Revisit IP and Arbitration Provisions in Employment and Independent Contractor Agreements

Washington’s New Noncompetition Law – RCW Chapter 49.62 (Noncompetition Covenants). Effective January 1, 2020, a Washington State law prohibits employers from enforcing noncompetition agreements against employees earning less…more

Best Practices, Employer Liability Issues, Employment Contract, Independent Contractors, New Legislation

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California Regulatory Happenings - November 2018

On 7/12/18 the Commission adopted an Order Instituting a rulemaking to continue implementation of the RPS program. The oversight anticipated in the rulemaking (a successor to R15-02-020) includes review of RPS procurement plans,…more

Administrative Proceedings, ALJ, Cap-and-Trade, Comment Period, Electricity

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The Guantánamo Trials: No End in Sight - Buchalter Nemer

From May 30 to June 3, 2016, I represented the Pacific Council as an official observer at pre-trial hearings for Khalid Sheikh Mohammed (KSM) and four other alleged masterminds of the World Trade Center and Pentagon attacks of…more

CIA, Defense Strategies, Discovery, FBI, Global War on Terror (GWOT)

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Significant Additional Federal Investment in Telehealth

The Federal Communications Commission (FCC) is establishing the Connected Care Pilot Program, pumping $100 million into a new telehealth pilot program. Lack of access to modern, comprehensive medical care in rural areas is…more

Elder Issues, FCC, Federal Pilot Programs, Healthcare Reform, Public Comment

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FTC Enters Into Landmark Settlement With Network Marketing Company; Vemma Lives To Play Another Day

The sixteen month long lawsuit between the Federal Trade Commission and Vemma Nutrition Company has come to a negotiated resolution under terms which will allow Vemma to continue operating its business under restrictions similar…more

Asset Freeze, FTC, FTC Act, MLM Industry, Network Marketing Provider

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Trends Since the New Prop 65 Requirements Went Into Effect

It has now been over a week since the changes to Prop. 65 took effect on August 30th! A review of notices of violations filed in the past week indicate a trend toward food products and consumer household goods. For example,…more

Amended Regulation, Manufacturers, OEHHA, Proposition 65, Retailers

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Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -…more

Borrowers, Commercial Leases, Debt Financing, Duty to Mitigate, EBITDA

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Buchalter Client Alert COVID-19: COVID-19 and Intellectual Property Law - UPDATED

On Friday, March 27, 2020, the CARES ACT was signed into law. The Cares Act includes provisions for changing deadlines for patents, trademarks, and copyrights. For patents and trademarks, the Act permits the Under Secretary of…more

CARES Act, Coronavirus/COVID-19, Intellectual Property Protection, Relief Measures, USPTO

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Buchalter Client Alert COVID-19: California City and County Eviction Moratoria List

On March 16, 2020, California Governor Gavin Newsom issued an executive order that suspended any portion of state law that would otherwise prevent local municipalities from imposing limitations on residential or commercial…more

Coronavirus/COVID-19, Eviction, Executive Orders, Governor Newsom, Tenants

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Ready or Not, the New California LLC Law is Here

The California Revised Uniform Limited Liability Company Act was effective January 1, 2014 and is codified as new Title 2.6 of the California Corporations Code starting at Section 17701. The new law incorporates a more robust…more

Compliance, Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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California Energy Regulatory Weekly Update - June 2020

On 12/5/19 the California Environmental Justice Alliance, Sierra Club, Defenders of Wildlife and the Public Advocates Office submitted an application for rehearing and clarification of D.19-02-007. The parties allege that the…more

CAISO, California Air Resources Board, CARB, CPUC, Energy Sector

See all updates »

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights…more

Acquisitions, Choice-of-Law, DOL, Domestic Violence, Due Diligence

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Buchalter Client Alert COVID-19: The CARES Act and Its Small Business Loan Program

As the Federal government takes action to help businesses combat the economic uncertainty created by the Novel Coronavirus (“COVID-19”) crisis, we at Buchalter are working to help our clients and friends. To combat the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

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Points & Authorities - Summer 2016

There Ought to be a Law: Consider This Alternative To Litigation - Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live by…more

Attorney's Fees, Chapter 11, Commercial Bankruptcy, Copyright Infringement, Employer Liability Issues

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Buchalter Client Alert COVID 19: Department of Labor’s New Regulations and Guidance on the Family First Coronavirus Relief Act (“FFCRA)

On April 6, 2020, the Department of Labor (“DOL”) promulgated a temporary rule (“Rule”) interpreting and giving further guidance on the Families First Coronavirus Relief Act (“FFCRA”). The FFCRA includes the Emergency Family…more

Coronavirus/COVID-19, DOL, Families First Coronavirus Response Act (FFCRA), FMLA, Paid Leave

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Stormwater Permitting: July 1, 2015 Registration Deadline Approaches for Industrial Facilities

On July 1, 2015, new and existing industrial facilities throughout California with stormwater discharges will need a register for coverage under the new California Industrial General Permit (IGP). After 18 years, the California…more

General Permit, Industrial Stormwater Rule, No Exposure Certification (NEC), Storm Water, Stormwater Discharge Permits

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Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such…more

Business Continuity Plans, Business Interruption, Commercial General Liability Policies, Coronavirus/COVID-19, Corporate Counsel

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It's Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy

No one has ever asserted that the bankruptcy arena is for the faint hearted. on the road to development of a plan of reorganization (or more commonly these days, a sale of all of the debtor’s assets), there can be bruising…more

Commercial Bankruptcy, Debtors, Subordination

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A New Decade Begins! Ensure Your Business Is Up to Speed on California’s New Employer Requirements

The close of the decade ended with a flurry of activity on the labor and employment front, creating a number of significant new obligations for employers. As 2020 opens, it is important to ensure that employers of all sizes are…more

ABC Test, Arbitration, Arbitration Agreements, California Consumer Privacy Act (CCPA), Dynamex

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Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider

Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be…more

Coronavirus/COVID-19, Infectious Diseases, Property Management Companies, Property Managers, Public Health

See all updates »

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

See all updates »

Buchalter Client Alert COVID-19: The CARES Act and Its Small Business Loan Program

As the Federal government takes action to help businesses combat the economic uncertainty created by the Novel Coronavirus (“COVID-19”) crisis, we at Buchalter are working to help our clients and friends. To combat the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

See all updates »

Buchalter Client Alert COVID-19: Feeding America in Crisis and Protecting Agribusiness

As some celebrate the most expansive and expensive U.S. stimulus package in history, individuals and families across the country are left wondering (often in quarantined isolation): is it enough? For the agricultural/food…more

Agribusiness, Agricultural Sector, Coronavirus/COVID-19, Food Manufacturers, Food Safety

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Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such…more

Business Continuity Plans, Business Interruption, Commercial General Liability Policies, Coronavirus/COVID-19, Corporate Counsel

See all updates »

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Force Majeure and COVID-19

The global health crisis brought on by the spread of the Novel Coronavirus (“COVID-19”) continues to affect businesses of all sizes. This is causing uncertainty in businesses’ ability, or inability, to meet its contractual…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Material Adverse Effects

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New HIPAA Rules Mean New Burdens and Opportunities for Lenders

As an increasing number of health care providers move to electronic health record systems, patient privacy is becoming a serious concern. On January 25, 2013, new regulations under the Health Insurance Portability and…more

Business Associates, Data Protection, HIPAA, Lenders, PHI

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A Patent For A Formula Does Not Destroy Trade Secret Status So Long As The Patent Does Not Disclose The “Process” For Applying The Trade Secret

On November 20, 2019, the California Court of Appeal confirmed that a patent for a formula does not destroy a formula’s trade secret status so long as the patent does not disclose the process for applying the trade secret. In…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, Patents, Permanent Injunctions

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Buchalter Client Alert COVID-19: California Local Court Orders Regarding Closure

During this unprecedented period of COVID-19, we strive to provide our clients with the most accurate and up to date information regarding the status of court operations. To that end, below is a chart with the local court orders…more

Business Litigation, Commercial Court, Coronavirus/COVID-19, Courthouses, Criminal Prosecution

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Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

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Executive Order Aimed at Restricting Civil Liability Protections Afforded to Social Media Companies

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How to Aggressively Defend Against Lender Liability Lawsuits

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Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider

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Coronavirus/COVID-19, Infectious Diseases, Property Management Companies, Property Managers, Public Health

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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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