Burns & Levinson LLP

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125 High Street
Boston, MA 02110-1624, United States
Phone: 617-345-3000
Fax: 617-345-3299
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Massachusetts
  • Rhode Island
Number of Attorneys
100+ Attorneys

Top 5 Practical Tips for Organizing Virtual Meetings During COVID-19

For many public companies and non-profit organizations (for ease, we’ll refer to them as ‘organizations’), we’re in the season for meetings, whether it’s a quarterly board meeting or an annual meeting of stockholders or members…more

Coronavirus/COVID-19, Cybersecurity, Data Protection, Remote Working, Risk Management

See all updates »

Checking in on the SAFE Banking Act

While the legalization of medical and recreational marijuana continues to build momentum across the U.S., access to banking and other financial services has remained a consistent barrier to the legal marijuana industry. As we…more

Banking Regulators, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Financial Institutions, Financial Services Industry

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Best Advice to Avoid Common Estate Planning Mistakes

In my practice, I am fortunate to serve clients in developing tailored estate plans as well as administering the estates of recently deceased loved ones. This dual perspective exposes some common pitfalls that can undermine even…more

Asset Management, Beneficiaries, Estate Claims, Estate Planning, Estate Tax

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Sixth Annual Burns & Levinson Cannabis Industry Conference. Spotlight Interview: Passing the Torch With Steven Hoffman

On October 17th Burns and Levinson hosted its Sixth Annual Cannabis Industry Conference, where our very own Frank Segall sat down with Steven Hoffman to reflect on Steven’s time as the Chairman of the Cannabis Control…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Capital Markets, Dispensaries

See all updates »

Military Pensions Could See Significant Changes

Pending Federal legislation could have a huge impact on how judges will divide military pensions during a divorce. In a previous post, I discussed at length how military pension plans currently could be divided in the context of…more

Divorce, Military Service Members, Pending Legislation, Pensions, Retirement Plan

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Alpenglow at It Again

As discussed in more detail in my prior post, Alpenglow Botanicals (“Alpenglow”) is a state licensed Marijuana dispensary based in Colorado. Alpenglow was audited for several tax years and the IRS made adjustments, denying…more

Business Expenses, Business Taxes, Controlled Substances Act, Criminal Penalties, Dispensaries

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Trustee Removal: MUTC v. Trust Document

Just because a trustee was named in a trust document does not necessarily mean they will continue to serve perpetually. Many trust instruments include language granting the settlor (creator of the trust), and/or the…more

Asset Management, Beneficiaries, Estate Planning, Fiduciary, Trustees

See all updates »

Individual Income Tax Filing and Payment Deadline Extended to May 17, 2021

The U.S. Department of the Treasury and Internal Revenue Service announced on March 17, 2021, that the federal income tax filing due date for individuals will be automatically extended from April 15 to May 17, 2021. This…more

Coronavirus/COVID-19, Corporate Counsel, Federal Taxes, Filing Deadlines, Income Taxes

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HHS Recommends DEA to Reclassify Marijuana as a Schedule III Substance – Which Could Significantly Benefit the Cannabis Industry

On August 30, 2023, HHS recommended that marijuana be reclassified by the Drug Enforcement Agency (DEA) as a Schedule III substance under the Controlled Substances Act (CSA), according to Bloomberg. This could have an immediate…more

Agribusiness, Cannabis Products, DEA, Department of Health and Human Services (HHS), Dispensaries

See all updates »

Divorce Choose Your Own Adventure: Exploring Alternative Dispute Resolution Options

There are very few certainties in the divorce process. Even though you can draw generalizations from the law or experience, no two divorce matters will ever be exactly the same. For divorce practitioners, the variability from…more

Arbitration, Dispute Resolution, Divorce, Family Law Courts, Mediation

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Preparing for Court: What You Need to Know About Probate

Television shows and movies show a Will being read at a funeral, as if the Will is automatically valid and assets can be distributed immediately. Unfortunately, the probate process is more complex and time intensive. This blog…more

Beneficiaries, Inheritance, Probate, Probate Code, Probate Courts

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Death and Taxes – The Three Unavoidable Taxes in Estate Administration

Death and taxes are often jokingly said to be two of the only unavoidable things in life. Unfortunately, taxes are also unavoidable when someone passes away. When administering an estate or trust after someone’s death, three…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Federal Taxes, Fiduciary

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The Death of the Deemed Dividend

The “deemed dividend” rule, the source of much wrangling between multi-national borrowers and lenders over the years, may be on its way out…more

Controlled Foreign Corporations, Corporate Taxes, Dividends, Internal Revenue Code (IRC), IRS

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Family-Owned Real Estate in COVID-19 Conditions

Like so many business sectors and industries, the real estate sector is experiencing a revenue decrease. COVID-19-related shelter-in-place orders are impacting families and family businesses drastically. Privately-held trusts…more

Coronavirus/COVID-19, Family Businesses, Force Majeure Clause, Good Faith, Landlords

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Rhode Island Enforcement Initiative Gets Down in the Old Mill Pond

As America’s cradle of the Industrial Revolution, southern New England experienced early, rapid, and sustained growth of manufacturing industries beginning in the late 18th century and through the first half of the 20th century…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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New Law Allows Temporary Use of Videoconferences to Notarize and Witness Legal Documents

On April 27, 2020, Governor Baker signed a new Massachusetts law legalizing the use of videoconferencing services in signing documents before notaries public and witnesses during the COVID-19 crisis. This will allow real estate…more

Coronavirus/COVID-19, Notarization, Videoconference, Virtual Meetings, Witnesses

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Amgen v. Sanofi and Points Beyond

A week ago Thursday, the Supreme Court issued its decision in the Amgen v. Sanofi case, affirming the judgment of the Court of Appeals for the Federal Circuit, that the claims of the two patents Amgen asserted against Sanofi are…more

Amgen, Biotechnology, Enablement Inquiries, Intellectual Property Litigation, Intellectual Property Protection

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Can You Undo Divorce Decrees Once They’re Final?

Tying the knot...again. Have you ever wondered if a divorce is always final or whether a divorce judgment can be “undone” or “modified?” The short answer: Like everything else, it depends…more

Divorce, Marriage

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Family-Owned Real Estate in COVID-19 Conditions

Like so many business sectors and industries, the real estate sector is experiencing a revenue decrease. COVID-19-related shelter-in-place orders are impacting families and family businesses drastically. Privately-held trusts…more

Coronavirus/COVID-19, Family Businesses, Force Majeure Clause, Good Faith, Landlords

See all updates »

If You Use Background Checks to Vet New Employees, Don’t do This….

While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules set…more

Background Checks, Credit Reports, Employee Credit Checks, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think

Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe.  What many…more

Destruction of Evidence, Discovery, Discovery Disputes, Duty to Preserve, Failure To Preserve

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Data Privacy Day 2023 Highlights

To celebrate Data Privacy Day, the data security & privacy team at Burns & Levinson is sharing some exciting highlights for 2023..…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, Data Protection

See all updates »

Serving Papers: The Start of a Case

“You’ve been served.” But what does that actually mean? The service of court papers (referred to as “service” throughout this post) has been a hot topic in the news recently as Jason Sudeikis allegedly had his ex-partner and…more

Child Custody, Co-Parenting, Divorce, Family Law Courts, Spouses

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The Gathering PFAS Storm

When working with my colleagues on real estate and corporate business transactions, I feel like I can be a nay-sayer, bringing up the considerations of potential liability for PFAS-related releases during environmental due…more

Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

How To Read A Trust

If you are getting divorced, you may find that your marital assets include interests in one or more trusts. It could be that you and your spouse established the trusts during your lifetime, or perhaps a family member created the…more

Beneficiaries, Beneficiary Designations, Conflict Resolution, Divorce, Estate Planning

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Amgen v. Sanofi and Points Beyond

A week ago Thursday, the Supreme Court issued its decision in the Amgen v. Sanofi case, affirming the judgment of the Court of Appeals for the Federal Circuit, that the claims of the two patents Amgen asserted against Sanofi are…more

Amgen, Biotechnology, Enablement Inquiries, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

New York & The Illicit Cannabis Market

As of recent data released by the Office of Cannabis Management (OCM), New York now has 65 adult-use and delivery licenses operational, with two adult-use stores being approved earlier this month. While the first date of…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

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Returning to the Workplace: What Employers Need to Know

As states begin to their introduce plans to reopen their economies, employers are understandably anxious about bringing employees back to the physical workplace. While returning to work will look different for each employer,…more

Best Practices, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety

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Navigating True Parties of Interest Restrictions in New York’s Adult Use Cultivation and Processing Market

The long-anticipated New York cannabis market is finally coming into shape. The New York State Office of Cannabis Management (“OCM”) has issued more than 250 Adult Use Conditional Cultivator Licenses and 25 Adult Use Conditional…more

Agribusiness, Business Formation, Business Ownership, Cannabis Products, Cannabis-Related Businesses (CRBs)

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Co-Parenting Challenges During the Pandemic

Currently, we anticipate another two months of shelter in place. That means at least two more months without daycare and help from sitters, two more months of the kids having marginal (if any) structured learning, and no word…more

Co-Parenting, Coronavirus/COVID-19, Divorce, Parenting Plans, Parenting Time

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IP Considerations During COVID-19

Current economic and logistical realities of the COVID-19 pandemic are challenging IP rights holders in new ways. Should the filing strategies companies pursued prior to the onset of the crisis continue? Should enforcement be…more

Coronavirus/COVID-19, Intellectual Property Protection, Patents, USPTO

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Client Advisory: Valuing Closely-Held Stock for Estate Tax Purposes | Connelly v. US

The issue in Connelly v. US is whether, for estate tax purposes, the value of a closely-held corporation using corporate-owned life insurance to redeem the shares of a decedent shareholder increases the value of the company by…more

Business Valuations, Closely Held Businesses, Corporate Officers, Death Benefits, Estate Tax

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Four Basic Aspects About Fiduciary Litigation

Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary litigation. …more

Attorney-in-Fact, Beneficiaries, Conservators, Estate Planning, Fiduciary

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Recent Case Invalidates Many Dealership Sales Person Pay Plans: What You Need to Know to Stay in Compliance

On May 8, 2019, the Massachusetts Supreme Judicial Court (the “SJC”) issued an important decision concerning the interpretation of the Massachusetts Wage Act, and related regulations. The decision issued by the SJC, titled…more

Compensation & Benefits, Dealerships, Hiring & Firing, Lump Sum Payments, MA Supreme Judicial Court

See all updates »

Federal Estate and Gift Tax Updates for 2019

The IRS has published new guidelines relating to estate and gift tax changes for 2019. Starting this year, estates of decedents who die during 2019 have a basic estate tax exemption amount of $11,400,000 (increased from…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Don’t Make a Federal Case Out of It

Crimson Galeria Limited Partnership et al (the Plaintiffs) vs. Healthy Pharms, Inc. et al (the Defendants), in Civil Action No. 1:17-cv-11696-ADB (the Complaint), which is currently pending in the United States District Court…more

Banks, Commercial Leases, Controlled Substances Act, Department of Justice (DOJ), Marijuana Related Businesses

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Cannabis Reform Hits the Senate: A Brief Overview of the Cannabis Administration and Opportunity Act

This past week, Senate Majority Leader Chuck Schumer (D-NY) unveiled the first draft of his long-awaited bill to legalize marijuana at the federal level. Along with Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

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Domicile: It's More Than Where You Live

The terms “domicile” and “residence” are frequently used interchangeably, but for tax purposes, they are distinct legal concepts that carry different meanings and significance. Residence refers to a person’s place of abode…more

Domicile, Income Taxes, Residence Status

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Massachusetts’ Resiliency Push Continues with Proposed Waterways Rules

Last month, the Massachusetts Department of Environmental Protection (MassDEP) extended the comment period for amendments it proposed in December 2023 to the Massachusetts Waterways Regulation, 310 CMR 9.00. Peter Vetere…more

Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Waters of the United States, Wetlands

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The 2018 Farm Bill and CBD

The $867 billion 2018 Farm Bill was signed into law by the President on December 20th, 2018.The reconciled farm bill mainly just reauthorized many expenditures in the prior 2014 Farm Bill. However, it put an end to five decades…more

Agricultural Sector, Cannabidiol (CBD) oil, Controlled Substances Act, Decriminalization of Marijuana, Department of Agriculture

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Surprise: The MUPC, Intestacy, and Childless Couples

Once upon a time, I was a young newlywed. My spouse and I always assumed that because we had no money, no kids, and were married, we were each other’s heirs. We had numerous conversations about how neither of us needed a will…more

Asset Management, Beneficiaries, Continuing Legal Education, Estate Claims, Estate Planning

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Focus Newsletter - Winter 2014

In this issue: - On Being “Mid-Sized” and the Future of Law Practice - 2014 Message from the Managing Partner - Amazing Clients: Broadview Ventures, Inc. - "Pumping Up Promising Treatments for Heart Disease…more

Law Practice Management

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Part 4: Hot Smoking Topics in Operations

The growth and legitimacy of the cannabis industry is at an all-time high with nearly two-thirds of the country in support of the federal legalization of cannabis. With such legitimacy and potential for further growth, it’s no…more

Cannabis-Related Businesses (CRBs), Controlled Substances Act, Criminal Liability, Financial Institutions, Financial Services Industry

See all updates »

Recent Case Invalidates Many Dealership Sales Person Pay Plans: What You Need to Know to Stay in Compliance

On May 8, 2019, the Massachusetts Supreme Judicial Court (the “SJC”) issued an important decision concerning the interpretation of the Massachusetts Wage Act, and related regulations. The decision issued by the SJC, titled…more

Compensation & Benefits, Dealerships, Hiring & Firing, Lump Sum Payments, MA Supreme Judicial Court

See all updates »

Brazil’s Phase II of the Patent Prosecution Highway Program

Brazilian PTO published on December 29, 2020, Phase II (Ordinance No. 404/2020) of Patent Prosecution Highway (PPH) program, implementing new rules for the acceptance into the program. The ordinance is in force since January 01,…more

Brazil, Intellectual Property Protection, Patent Applications, Patent Infringement, Patent Litigation

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Continuing the Family Business After Its Founder’s Passing: The Austen Family Legacy

The adult children of Jack Austen – Kate, Charlie, and Claire – are gathering a few months after their father’s passing to remember him and discuss what to do with the family business, Oceanic Real Estate, LLC…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Family Businesses

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Focus - Spring 2013

In This Issue: - IRS Audits: Understanding Criminal Rights and Risks - Amazing Clients®: Ravago: A Big Company with a Low Profile - When is a Mom not a Mom?: De Facto Parenting in Massachusetts - Can the Private…more

Audits, Funding, Infrastructure, Investigations, IRS

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Mental Health During Divorce

When you board an airplane, the flight attendant’s speech usually includes a welcome statement and requests that you securely fasten your seat belt. Then the attendant will alert you that if needed, oxygen masks will be released…more

Divorce, Marriage, Mental Health, Spouses

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Recent Case Invalidates Many Dealership Sales Person Pay Plans: What You Need to Know to Stay in Compliance

On May 8, 2019, the Massachusetts Supreme Judicial Court (the “SJC”) issued an important decision concerning the interpretation of the Massachusetts Wage Act, and related regulations. The decision issued by the SJC, titled…more

Compensation & Benefits, Dealerships, Hiring & Firing, Lump Sum Payments, MA Supreme Judicial Court

See all updates »

Employers Must Give Notice to Current and Certain Former California Employees of Void Noncompete by February 14, 2024, or Risk Penalties

Many companies have ceased using noncompete clauses for employees working in California. At best the clauses have become unenforceable, at worst, a liability for the company…more

California, Employees, Employer Liability Issues, Employment Contract, Former Employee

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High on Cannabis: Outlook of the Industry Continues to Shine After Record-Setting 2020

Despite the ongoing COVID-19 pandemic, 2020 was a record-setting year for the cannabis industry, and indications suggest 2021 will continue the trend. Years of steady growth in the cannabis industry shined in 2020 with record…more

Agribusiness, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana

See all updates »

Is The Rent Acceleration Clause in Your Lease Enforceable?

The default clause of most leases provides that upon the tenant’s material default, the landlord has the right to retake possession, relet the premises at the tenant’s expense and accelerate the tenant’s rent payment…more

Acceleration, Commercial Leases, Commercial Property Owners, Commercial Real Estate Contracts, Commercial Real Estate Market

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Inter Partes Review: After Five Years, What Will 2018 Bring?

In 2012, inter partes review (IPR) came into effect as a procedure to correct errors in granting patents. As part of the enactment of the latest revision of the patent law, a procedure known as inter partes reexamination, which…more

Amended Complaints, Constitutional Challenges, Inter Partes Review (IPR) Proceeding, New Guidance, Oil States Energy Services v Greene's Energy Group

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AG’s Suit Against Town of Milton Shines a Spotlight on Housing Crisis

Last April, we reported that the Attorney General was set to enforce municipal compliance with denser, transit-friendly zoning requirements. Now that has come to pass. The recently commenced battle between the Town of Milton and…more

Housing Developers, Housing Market, Real Estate Development, State and Local Government, State Attorneys General

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IRS Announces 2024 Lifetime Estate and Gift Tax Exclusion & 2024 Annual Gift Tax Exclusion

The Internal Revenue Service recently announced the 2024 annual inflation adjustments to the lifetime exclusion for federal estate and gift tax (the “basic exclusion amount”) as well as the annual gift tax exclusion, among many…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

See all updates »

Considerations for M&A Transactions During COVID-19: Part 2

The uncertainty of the COVID-19 crisis and its resulting economic effects continue to make each stage of an M&A transaction complicated. At each stage of a transaction, buyers and sellers should determine how they both define…more

Acquisitions, Coronavirus/COVID-19, Mergers

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Recent Case Invalidates Many Dealership Sales Person Pay Plans: What You Need to Know to Stay in Compliance

On May 8, 2019, the Massachusetts Supreme Judicial Court (the “SJC”) issued an important decision concerning the interpretation of the Massachusetts Wage Act, and related regulations. The decision issued by the SJC, titled…more

Compensation & Benefits, Dealerships, Hiring & Firing, Lump Sum Payments, MA Supreme Judicial Court

See all updates »

Is 2024 the Year of Gifting? Different Ways to Gift to Minimize Estate Taxes

Gifting assets during life allows individuals to minimize their estate tax liabilities at death. Gifting is a strategy that can preserve wealth for future generations by minimizing estate taxes…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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OSHA Standard on COVID-19 Vaccination and Testing

The Occupational Safety and Health Administration (“OSHA”), an agency of the United States Department of Labor, has issued an Emergency Temporary Standard (“ETS”) intended to minimize the risk of transmission of COVID-19 in the…more

Biden Administration, Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates

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Cannabis Businesses are Subject to the Same Laws that Other Businesses Are: So Don’t Let the TCPA Bite You

Whether a cannabis firm is in the recreational or the medicinal space it seems as though there is an excess of rules and demands whichever way you turn. The new California regulations read like those for a proper pharmaceutical…more

ATDS, Cannabis Products, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses

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United States v. Windsor: Tax Issues

Although the decision of the United States Supreme Court in United States v. Windsor invalidating much of the Defense of Marriage Act (DOMA) affects at most approximately 20% of the population of the United States, it has…more

DOMA, Due Process, Employee Benefits, Equal Protection, Estate Tax

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New SEC Rules Facilitate Regional and Intrastate Private Placements

New Sec Rules Facilitate Regional And Intrastate Private Placements - On October 26, 2016 the Securities and Exchange Commission (the “SEC”) adopted final rules in order to modernize certain capital-raising options that are…more

Private Placements, Regulation D, Rule 147, Rule 147A, Securities and Exchange Commission (SEC)

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Tax Extenders for the 2014 Tax Year: A Holiday Tax Gift from D.C.

Just days before the 2014 tax season draws to a close, new legislation was enacted in D.C. to provide a one-year retroactive extension for over 50 tax benefits and incentives which had expired in 2014. The one-year extension is…more

Corporate Taxes, Income Taxes, Tax Extenders

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Mitigating PFAS Liability with Insurance: Are You Covered?

On Legal Terrain, we have previously reported on examples of the rapidly growing wave of PFAS-related litigation across the country. Advances in monitoring show that PFAS is ubiquitous in the environment. Accordingly, it is no…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

HHS Recommends DEA to Reclassify Marijuana as a Schedule III Substance – Which Could Significantly Benefit the Cannabis Industry

On August 30, 2023, HHS recommended that marijuana be reclassified by the Drug Enforcement Agency (DEA) as a Schedule III substance under the Controlled Substances Act (CSA), according to Bloomberg. This could have an immediate…more

Agribusiness, Cannabis Products, DEA, Department of Health and Human Services (HHS), Dispensaries

See all updates »

Two Families Now: Co-Parenting Course Revised

The Massachusetts Probate and Family Court has substantially revised Standing Order 3-23, which requires completion of a four-hour online parenting course, which has been renamed “Two Families Now.”  The revised Standing Order…more

Child Custody, Co-Parenting, Custody, Divorce, Minor Children

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CBD Update: After the Passage of the 2018 Farm Bill, Now What?

Just months ago, the hemp industry seemed to be on a clear path to legal certainty when the 2018 Farm Bill was passed on December 20, 2018 (the “2018 Farm Bill”). Though the passage of the 2018 Farm Bill legalized the production…more

Cannabidiol (CBD) oil, Decriminalization of Marijuana, Farm Bill, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations

See all updates »

Consideration of “Savings for a Rainy Day” Deemed Appropriate in Determining Amount of Alimony

It has long been disputed whether alimony paid from one spouse to another should allow the recipient to save for a rainy day. The Supreme Judicial Court of Massachusetts weighed in on that issue for the first time on March 7,…more

Alimony, Divorce, Marital Assets, Personal Property, Spousal Support

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Trustee Removal: MUTC v. Trust Document

Just because a trustee was named in a trust document does not necessarily mean they will continue to serve perpetually. Many trust instruments include language granting the settlor (creator of the trust), and/or the…more

Asset Management, Beneficiaries, Estate Planning, Fiduciary, Trustees

See all updates »

Focus - Fall 2013

In this issue: - Creating an Effective Corporate Strategic Venture Capital Program - "Amazing Clients: Victor Del Regno, Producer and Director of "Till Then - A Journey Through WWII Love Letters" -…more

Beneficiaries, Divorce, Estate Planning, Venture Capital

See all updates »

Vacationing While on FMLA Leave Is Not Grounds For Termination

Imagine, an employee in your organization advises that they need to take leave pursuant to the Family and Medical Leave Act to recover from an upcoming surgical procedure. Your organization approves the leave and then you find…more

Corporate Counsel, Family and Medical Leave Act (FMLA), Hiring & Firing, Jury Verdicts, MA Supreme Judicial Court

See all updates »

Data Privacy Day 2023 Highlights

To celebrate Data Privacy Day, the data security & privacy team at Burns & Levinson is sharing some exciting highlights for 2023..…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, Data Protection

See all updates »

Data Privacy Day 2023 Highlights

To celebrate Data Privacy Day, the data security & privacy team at Burns & Levinson is sharing some exciting highlights for 2023..…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, Data Protection

See all updates »

A Look into the 2024 Cannabis Crystal Ball

As books for 2023 have officially been closed, we are looking forward to greener pastures in 2024. 2023 proved to be a difficult year for many operators, and some even fell victim to a tough financial market and were forced to…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Decriminalization of Marijuana

See all updates »

Client Advisory: The Corporate Transparency Act

As part of the Anti-Money Laundering Act of 2020, the Corporate Transparency Act (CTA) will take effect on January 1, 2024. Subject to some limited exemptions, this new law will require newly formed and already existing domestic…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes

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IRS Announces 2024 Lifetime Estate and Gift Tax Exclusion & 2024 Annual Gift Tax Exclusion

The Internal Revenue Service recently announced the 2024 annual inflation adjustments to the lifetime exclusion for federal estate and gift tax (the “basic exclusion amount”) as well as the annual gift tax exclusion, among many…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

See all updates »

I Don’t Have to Worry About Estate Taxes… Right?

You do not need to be exceedingly wealthy to be impacted by the estate tax. Many of our clients are surprised to learn that tax is imposed on Massachusetts estates exceeding $1 million in value. When considering a home,…more

Estate Planning, Estate Tax, Income Taxes, IRS, Tax Deductions

See all updates »

Cannabis in the Commonwealth: What Are People Saying?

I recently attended the New England Real Estate Journal’s “Cannabis: The Next Phase in Commercial Real Estate” summit, which brought together a number of local players for networking and a high-level discussion of where the…more

Commercial Leases, Commercial Real Estate Market, Decriminalization of Marijuana, Dispensaries, Local Ordinance

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Environmental Justice Put to the Test at Boston’s Franklin Park

Last week, an interesting lawsuit was filed in Boston with a distinctly and perhaps ironic environmental justice flavor. A non-profit, the Emerald Necklace Conservancy, along with fifteen Boston residents, brought suit to enjoin…more

Air Pollution, Climate Change, Community Designs, Community Development, Community Property

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Supreme Court Helps Trademark Owners: Proof of “Willfulness” Is Not Required To Recover Infringer’s Profits

In April 2020, the U.S. Supreme Court ruled that trademark infringers can be required to hand over their profits to a brand owner even if their conduct was not “willful.” The case was Romag Fasteners v. Fossil Group, Inc., 590…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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I Don’t Have to Worry About Estate Taxes… Right?

You do not need to be exceedingly wealthy to be impacted by the estate tax. Many of our clients are surprised to learn that tax is imposed on Massachusetts estates exceeding $1 million in value. When considering a home,…more

Estate Planning, Estate Tax, Income Taxes, IRS, Tax Deductions

See all updates »

Client Alert: Joint Statement on SVB by the Dept. of the Treasury, Federal Reserve, and FDIC

On Sunday, March 12, the Treasury Department, the Federal Reserve, and the FDIC issued a joint statement outlining their collective “decisive measures” to protect depositors at Silicon Valley Bank (SVB), bolster confidence in…more

Banking Sector, Banks, FDIC, Federal Reserve, Financial Institutions

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FDA Warning Letter to Curaleaf Inc.

The Food and Drug Administration (FDA), following up on its public concerns about the science, safety, effectiveness and quality of unapproved products containing cannabidiol (CBD), recently issued a warning letter to Curaleaf…more

Cannabidiol (CBD) oil, Cannabis Products, Decriminalization of Marijuana, FDA Warning Letters, Food and Drug Administration (FDA)

See all updates »

Water Management Act Regulations

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Eaze Case Puts Financial Institutions on Notice

On March 24, 2021, Defendants Hamid (Ray) Akhavan and Ruben Weigand were found guilty of defrauding banks as part of a scheme they had set up to help cannabis company Eaze accept credit card payments for marijuana purchases…more

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Guardianships and Conservatorships: Examining the Austen Family

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We’re Splitting Up – Who Keeps the Pet?

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Focus Newsletter - Winter 2014

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New Decision Fine-Tunes Mass. Removal Law

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Governor Youngkin’s Veto of Adult-Use Cannabis in Virginia

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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