Drinker Biddle & Reath LLP

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One Logan Square
Suite 2000
Philadelphia, PA 19103-6996, United States
Phone: (215) 988-2700
Fax: (215) 988-2757
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Delaware
  • Illinois
  • New Jersey
  • New York
  • Pennsylvania
  • Texas
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

Final Drug Pricing DTC Advertising Rule to Take Effect July 9 – But Faces Challenges from Pharmaceutical Companies

This winter we discussed new regulatory guidelines intended to increase transparency in Direct-to-Consumer (DTC) advertising including a proposed rule from the Centers for Medicare and Medicaid Services (CMS) that would require…more

Advertising, CMS, Department of Health and Human Services (HHS), Direct to Consumer Sales, Drug Pricing

See all updates »

Government Contracts Regulatory and Legislative Update

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary and insight into the relevant industry developments that occurred during the previous month. Regulations - DoD Issues…more

Comment Period, Department of Defense (DOD), DFARS, Federal Contractors, Final Rules

See all updates »

Alabama Enacts New Equal Pay Law to Prevent Wage Disparity on Basis of Sex or Race

On June 11, 2019, Alabama’s governor, Kay Ivey, signed equal pay legislation (the “Act”), which goes into effect on September 1, 2019. Alabama now joins a growing number of states, including California, Colorado, Maryland,…more

Anti-Retaliation Provisions, Double Damages, Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination

See all updates »

New Antidumping Duty Petitions on PET Sheet from Korea, Mexico, and Oman

Advanced Extrusion, Inc., Ex-Tech Plastics, Inc., and Multi-Plastics Extrusions, Inc. (“petitioners”), on July 9, 2019, filed antidumping (AD) petitions on imports of certain polyethylene terephthalate sheet (“PET sheet”) from…more

Anti-Dumping Duty, Countervailing Duties, Cross-Border Transactions, Customs and Border Protection, Imports

See all updates »

FTC Litigation with D-Link Ends with Comprehensive Settlement

In 2017, the FTC filed a complaint against D-Link Systems, Inc. (D-Link) alleging that the Taiwan-based computer networking equipment manufacturer had taken inadequate security measures which left its wireless routers and…more

Corporate Counsel, Cybersecurity, Data Security, Dismissals, FTC

See all updates »

Recent State Fiduciary Duty Developments: Updates from Massachusetts, New Jersey, Illinois and the CFP Board.

The issue of “best interest” continues to be a hot topic in the states and trade groups, though one state has fallen out of the running…at least for now. The State of Massachusetts has two pending initiatives. The first is a…more

Best Interest Standard, Broker-Dealer, Code of Conduct, Ethical Standards, Fiduciary Duty

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

U.S. Securities and Exchange Commission Issues Risk Alert Regarding Safeguarding Customer Records and Information Stored on Cloud-Based Platforms

On May 23, 2019, the United States Securities and Exchange Commission (“SEC”)’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert entitled “Safeguarding Customer Records and Information in Network…more

Broker-Dealer, Cloud Storage, Customer Information, Cyber Threats, Cybersecurity

See all updates »

Second Circuit Holds That Blocking Users’ Access To Presidential Twitter Account Violates First Amendment

On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First…more

Blocking Power, Donald Trump, Facebook, First Amendment, Free Speech

See all updates »

The United States Continues to Increase Export Restrictions on Chinese Entities

Effective June 24, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) will add five more Chinese entities, including research institutions, to its prohibited "Entity List." Following closely on the…more

BIS, China, Criminal Liability, Departments of Commerce, EAR

See all updates »

SEC Adopts Final Auditor Independence Loan Rule

On June 18, 2019, the Securities and Exchange Commission (“SEC”) adopted final amendments to Rule 2-01(c)(1)(ii)(A) of Regulation S-X (the “Loan Rule”) to clarify the analysis that must be conducted to determine whether an…more

Amended Regulation, Beneficial Owner, Bright-Line Rule, Disclosure Requirements, Fidelity Investments

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

South Carolina DOI Addresses Statutory Compliance and Timing of Rescissions

The South Carolina Department of Insurance recently issued a bulletin with the stated purpose of reminding life insurers “that they are required to include and comply with the Required Provisions set forth in” S.C. Code §…more

Denial of Insurance Coverage, Department of Insurance, Insurance Industry, Life Insurance, Null and Void

See all updates »

Scandalous Marks? Nothing the Proverbial Bar of Soap Can’t Fix

Earlier this week the United States Supreme Court struck down a century-old provision in the Lanham Act that banned the registration of marks deemed “immoral” or “scandalous.” By a 6-3 vote, the Court found in Iancu v. Brunetti…more

Appeals, Constitutional Challenges, First Amendment, Free Speech, Iancu v. Brunetti

See all updates »

Federal Prosecutor Faces Accusations that it Used the SEC to Collect Evidence for its Criminal Investigation

In a ruling handed down on Tuesday, a Southern District of New York judge ordered the U.S. Attorney’s Office for the Southern District of New York (“USAO”) to submit a full account of their communications with the SEC after…more

Affidavits, Criminal Conspiracy, Criminal Investigations, Criminal Prosecution, Due Process

See all updates »

USTR Launches Exclusion Request Portal for Third Tranche of Section 301

The Office of the U.S. Trade Representative (“USTR”) has launched a web portal for exclusion requests pertaining to the third tranche of products (“List 3”) imported from China worth $200 billion annually. This portal replaces…more

China, Exclusions, Imports, Public Comment, Section 301

See all updates »

Biometric Data Privacy: Why Illinois Regulation Is Relevant to Manufacturers Nationwide

Our federal system and the often dysfunctional nature of Congress can be vexing for cutting-edge manufacturers. Emerging technologies are rarely addressed at the federal level, leaving states to pass piecemeal regulations that…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Emerging Growth Companies

See all updates »

CCPA and IIPPA Update

Earlier this year, California legislators proposed A.B. 981 (“the proposal”), which, among other things, would have exempted insurance institutions, agents and support organizations (“insurers”) from many provisions of the…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Disclosure Requirements, Exemptions, Insurance Industry

See all updates »

By Clicking Continue . . .

The Northern District of Illinois recently denied a motion to compel arbitration in a putative class action, and in doing so found that the defendants failed to show that the plaintiff had agreed to arbitrate the dispute when…more

Arbitration, Clickwrap Agreements, Consumer Contracts, Contract Terms, Hybrid Contract

See all updates »

International Capital Standard, Holistic Framework, Cyber Insurance Highlight NAIC International Insurance Forum in D.C

On May 13-14, 2019, the National Association of Insurance Commissioners (NAIC) hosted its annual International Insurance Forum in Washington, D.C. Highlights of the event included remarks from U.S. Department of the Treasury…more

Cyber Insurance, Cybersecurity, Departments of Commerce, Financial Stability Board, Framework Agreement

See all updates »

Refresh Your Logo While Keeping Your Old U.S. Trademark Registration

We are tickled pink when we get to work with trademark registrations that issued before we were born. ?(We won’t say when that was.) It’s nifty to be the steward of a trademark that has stood the test of time and that may endure…more

Brand, Corporate Branding, Intellectual Property Protection, Logos, Trademark Application

See all updates »

Part 23 of “The Restricting Covenant” Series: Legislative Limitations

This latest installment of The Restricting Covenant series highlights the significant changes coming to Washington State regarding non-compete agreements (it’s a game changer), as well as similar legislation (passed and…more

Employer Liability Issues, Employment Contract, FLSA, Hiring & Firing, Interstate Commerce

See all updates »

A Busy Week for Fax Advertisements in the Supreme Court

Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply Pro Sorbents, LLC v. RingCentral, Inc., No. 18-1381, 2019 WL 1959304 (U.S. June…more

Advertising, Denial of Certiorari, Faxes, FCC, Prior Express Consent

See all updates »

The Final Reg BI Package: What to Know and What’s Next

On June 5, 2019, the Securities and Exchange Commission (SEC), led by Chairman Jay Clayton, voted 3 to 1 to approve the four agenda items that encompassed the “Reg BI Package.” These four items were Regulation Best Interest –…more

Advisors Act, Best Interest Standard, Broker-Dealer, Duty of Care, Duty of Loyalty

See all updates »

The Restoration of (Bad) Faith: The Proper Standard for a Factual Finding of Willful Infringement

Enhanced Damages Under the Patent Act - The Patent Act provides that once infringement has been established, a district court may “increase the damages up to three times the amount found or assessed.” 35 U.S.C. § 284. The…more

35 U.S.C. § 284, Attorney's Fees, Cisco, Damages, Enhanced Damages

See all updates »

District of Delaware Grants Motions for Summary Judgment in Three Risperdal Gynecomastia Cases

In a trio of recent decisions arising out of cases alleging that an antipsychotic medication, Risperdal, and its generic, risperidone, had caused gynecomastia (breast tissue growth) in men, the United States District Court for…more

But For Causation, Failure To Warn, Generic Drugs, Innovator Liability, Manufacturers

See all updates »

After Supernus: It’s Up to You to Keep Your Patent Alive All Its Days

Patentees may obtain additional PTA if the USPTO’s calculation of “applicant delay” includes a period of time during which the patentee could have taken “no identifiable effort” to avoid. However, the onus is entirely on the…more

Delays, European Patent Office, Information Disclosure Statement, Intellectual Property Protection, Patent Applications

See all updates »

New Antidumping Duty Petitions on PET Sheet from Korea, Mexico, and Oman

Advanced Extrusion, Inc., Ex-Tech Plastics, Inc., and Multi-Plastics Extrusions, Inc. (“petitioners”), on July 9, 2019, filed antidumping (AD) petitions on imports of certain polyethylene terephthalate sheet (“PET sheet”) from…more

Anti-Dumping Duty, Countervailing Duties, Cross-Border Transactions, Customs and Border Protection, Imports

See all updates »

International Capital Standard, Holistic Framework, Cyber Insurance Highlight NAIC International Insurance Forum in D.C

On May 13-14, 2019, the National Association of Insurance Commissioners (NAIC) hosted its annual International Insurance Forum in Washington, D.C. Highlights of the event included remarks from U.S. Department of the Treasury…more

Cyber Insurance, Cybersecurity, Departments of Commerce, Financial Stability Board, Framework Agreement

See all updates »

Government Contracts Regulatory and Legislative Update

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary and insight into the relevant industry developments that occurred during the previous month. Regulations - DoD Issues…more

Comment Period, Department of Defense (DOD), DFARS, Federal Contractors, Final Rules

See all updates »

The Final Reg BI Package: What to Know and What’s Next

On June 5, 2019, the Securities and Exchange Commission (SEC), led by Chairman Jay Clayton, voted 3 to 1 to approve the four agenda items that encompassed the “Reg BI Package.” These four items were Regulation Best Interest –…more

Advisors Act, Best Interest Standard, Broker-Dealer, Duty of Care, Duty of Loyalty

See all updates »

USTR Launches Exclusion Request Portal for Third Tranche of Section 301

The Office of the U.S. Trade Representative (“USTR”) has launched a web portal for exclusion requests pertaining to the third tranche of products (“List 3”) imported from China worth $200 billion annually. This portal replaces…more

China, Exclusions, Imports, Public Comment, Section 301

See all updates »

Federal Prosecutor Faces Accusations that it Used the SEC to Collect Evidence for its Criminal Investigation

In a ruling handed down on Tuesday, a Southern District of New York judge ordered the U.S. Attorney’s Office for the Southern District of New York (“USAO”) to submit a full account of their communications with the SEC after…more

Affidavits, Criminal Conspiracy, Criminal Investigations, Criminal Prosecution, Due Process

See all updates »

Beware of the “Influencer”

The proliferation of social media has transformed the world in many ways including how people communicate, becoming a preferred vehicle for political discourse and an important source of information in litigation. It has also…more

Advertising, Class Action, Class Certification, Class Members, Cosmetics

See all updates »

New Antidumping Duty Petitions on PET Sheet from Korea, Mexico, and Oman

Advanced Extrusion, Inc., Ex-Tech Plastics, Inc., and Multi-Plastics Extrusions, Inc. (“petitioners”), on July 9, 2019, filed antidumping (AD) petitions on imports of certain polyethylene terephthalate sheet (“PET sheet”) from…more

Anti-Dumping Duty, Countervailing Duties, Cross-Border Transactions, Customs and Border Protection, Imports

See all updates »

House Looks to Put the Brakes on Reg BI

On the heels of the SEC’s recent approval of the “Reg BI Package,” on June 26, 2019 the U.S. House of Representatives passed a bill that would prevent enforcement of Reg BI. Specifically, Rep. Maxine Waters included a last…more

Amended Legislation, Appropriations Bill, Broker-Dealer, Financial Services Industry, Investment Adviser

See all updates »

Government Contracts Regulatory and Legislative Update

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary and insight into the relevant industry developments that occurred during the previous month. Regulations - DoD Issues…more

Comment Period, Department of Defense (DOD), DFARS, Federal Contractors, Final Rules

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

U.S. Department of Education Issues Proposed Rule to Revise Accreditation Regulations

On June 12, 2019, the U.S. Department of Education (the “Department”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to revise its regulations governing the recognition of accrediting agencies for postsecondary…more

Accreditation, Colleges, Comment Period, Department of Education, Educational Institutions

See all updates »

Beware of the “Influencer”

The proliferation of social media has transformed the world in many ways including how people communicate, becoming a preferred vehicle for political discourse and an important source of information in litigation. It has also…more

Advertising, Class Action, Class Certification, Class Members, Cosmetics

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

What We Can Learn from the Anthem Settlement

The recent settlement of the Anthem class action lawsuit (Bell v. ATH Holding Company, LLC) reflects some trends in 401(k) litigation: the focus on share classes, arguments to support inclusion of non-mutual fund investments in…more

401k, Class Action, Defined Contribution Plans, Fiduciary Duty, Mutual Funds

See all updates »

California’s BOT Disclosure Law, SB 1001, Now In Effect

The B.O.T. (“Bolstering Online Transparency”) Act, enacted last year pursuant to SB 1001, has gone into effect in California. As of July 1, it is unlawful for a person or entity to use a bot to communicate or interact online…more

Disclosure Requirements, Goods or Services, New Legislation, Social Networks, Unfair Competition

See all updates »

U.S. Supreme Court Extends Statute Of Limitations for Privately Initiated False Claims Act Lawsuits

On May 13, 2019, the U.S. Supreme Court ruled that the 31 U.S.C. § 3731(b)(2) equitable tolling provision—allowing as much as ten years for the filing of a False Claim Act suit—should be available for private relators as well as…more

Appeals, Cause of Action Accrual, Cochise Consultancy Inc v United States ex rel Hunt, Dismissals, False Claims Act (FCA)

See all updates »

After Supernus: It’s Up to You to Keep Your Patent Alive All Its Days

Patentees may obtain additional PTA if the USPTO’s calculation of “applicant delay” includes a period of time during which the patentee could have taken “no identifiable effort” to avoid. However, the onus is entirely on the…more

Delays, European Patent Office, Information Disclosure Statement, Intellectual Property Protection, Patent Applications

See all updates »

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 3

In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702. In a preamble to the final bill, the Legislature expressed its intent to (1) adopt the…more

Daubert Standards, Evidence, Expert Testimony, Expert Witness, Federal Rules of Evidence

See all updates »

SEC Adopts Final Auditor Independence Loan Rule

On June 18, 2019, the Securities and Exchange Commission (“SEC”) adopted final amendments to Rule 2-01(c)(1)(ii)(A) of Regulation S-X (the “Loan Rule”) to clarify the analysis that must be conducted to determine whether an…more

Amended Regulation, Beneficial Owner, Bright-Line Rule, Disclosure Requirements, Fidelity Investments

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

FDA’s Final Guidance on “Least Burdensome” Principles for Medical Devices

The U.S. Food & Drug Administration’s (FDA’s) Least Burdensome Provisions: Concept and Principles: Guidance for Industry and Food and Drug Administration Staff, February 5, 2019, states that “medical device regulation should be…more

FDA, Final Guidance, Life Sciences, Manufacturers, Medical Devices

See all updates »

The Final Reg BI Package: What to Know and What’s Next

On June 5, 2019, the Securities and Exchange Commission (SEC), led by Chairman Jay Clayton, voted 3 to 1 to approve the four agenda items that encompassed the “Reg BI Package.” These four items were Regulation Best Interest –…more

Advisors Act, Best Interest Standard, Broker-Dealer, Duty of Care, Duty of Loyalty

See all updates »

District of Delaware Grants Motions for Summary Judgment in Three Risperdal Gynecomastia Cases

In a trio of recent decisions arising out of cases alleging that an antipsychotic medication, Risperdal, and its generic, risperidone, had caused gynecomastia (breast tissue growth) in men, the United States District Court for…more

But For Causation, Failure To Warn, Generic Drugs, Innovator Liability, Manufacturers

See all updates »

SEC Adopts Final Auditor Independence Loan Rule

On June 18, 2019, the Securities and Exchange Commission (“SEC”) adopted final amendments to Rule 2-01(c)(1)(ii)(A) of Regulation S-X (the “Loan Rule”) to clarify the analysis that must be conducted to determine whether an…more

Amended Regulation, Beneficial Owner, Bright-Line Rule, Disclosure Requirements, Fidelity Investments

See all updates »

International Capital Standard, Holistic Framework, Cyber Insurance Highlight NAIC International Insurance Forum in D.C

On May 13-14, 2019, the National Association of Insurance Commissioners (NAIC) hosted its annual International Insurance Forum in Washington, D.C. Highlights of the event included remarks from U.S. Department of the Treasury…more

Cyber Insurance, Cybersecurity, Departments of Commerce, Financial Stability Board, Framework Agreement

See all updates »

Final Drug Pricing DTC Advertising Rule to Take Effect July 9 – But Faces Challenges from Pharmaceutical Companies

This winter we discussed new regulatory guidelines intended to increase transparency in Direct-to-Consumer (DTC) advertising including a proposed rule from the Centers for Medicare and Medicaid Services (CMS) that would require…more

Advertising, CMS, Department of Health and Human Services (HHS), Direct to Consumer Sales, Drug Pricing

See all updates »

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on…more

Anti-Assignment Clauses, Appeals, Class Action, Class Members, Commercial Loans

See all updates »

USTR Launches Exclusion Request Portal for Third Tranche of Section 301

The Office of the U.S. Trade Representative (“USTR”) has launched a web portal for exclusion requests pertaining to the third tranche of products (“List 3”) imported from China worth $200 billion annually. This portal replaces…more

China, Exclusions, Imports, Public Comment, Section 301

See all updates »

FCC Proposes a Three-Year Pilot Program to Fund “Connected Care” Telehealth Applications

The Federal Communications Commission (FCC) took another step closer to establishing a three-year, $100 million Connected Care Pilot program following review of public comments on its prior Notice of Inquiry that previewed this…more

FCC, Health Care Providers, Low-Income Issues, NPRM, Public Comment

See all updates »

IRS Announces Limited Expansion of the Determination Letter Program for Individually Designed Plans

Since the end of the IRS’s cyclical determination letter program for individually designed retirement plans in 2017, plan sponsors have been able to request favorable determination letters for individually designed plans only…more

401k, Benefit Plan Sponsors, Determination Letter, Employee Benefits, Filing Deadlines

See all updates »

Business Associate Failed to Safeguard 3.5 Million Patients’ Medical Records

Medical Informatics Engineering, Inc. and its wholly-owned subsidiaries (MIE) and the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS-OCR) entered into a $100,000 settlement and two-year…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Department of Health and Human Services (HHS)

See all updates »

IRS Announces Limited Expansion of the Determination Letter Program for Individually Designed Plans

Since the end of the IRS’s cyclical determination letter program for individually designed retirement plans in 2017, plan sponsors have been able to request favorable determination letters for individually designed plans only…more

401k, Benefit Plan Sponsors, Determination Letter, Employee Benefits, Filing Deadlines

See all updates »

Government Contracts Regulatory and Legislative Update

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary and insight into the relevant industry developments that occurred during the previous month. Regulations - DoD Issues…more

Comment Period, Department of Defense (DOD), DFARS, Federal Contractors, Final Rules

See all updates »

Scandalous Marks? Nothing the Proverbial Bar of Soap Can’t Fix

Earlier this week the United States Supreme Court struck down a century-old provision in the Lanham Act that banned the registration of marks deemed “immoral” or “scandalous.” By a 6-3 vote, the Court found in Iancu v. Brunetti…more

Appeals, Constitutional Challenges, First Amendment, Free Speech, Iancu v. Brunetti

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

Return Mail v. Postal Service: The Supreme Court Rules the Federal Government May Not Petition for Institution of Post-Issuance Patent Reviews

In a 6-3 opinion authored by Justice Sotomayor, the Supreme Court held that the Federal Government is not a “person” capable of petitioning the Patent Trial and Appeal Board (“PTAB”) to institute patent review proceedings under…more

Administrative Agencies, America Invents Act, Covered Business Method Proceedings, Ex Partes Reexamination, Government Entities

See all updates »

What We Can Learn from the Anthem Settlement

The recent settlement of the Anthem class action lawsuit (Bell v. ATH Holding Company, LLC) reflects some trends in 401(k) litigation: the focus on share classes, arguments to support inclusion of non-mutual fund investments in…more

401k, Class Action, Defined Contribution Plans, Fiduciary Duty, Mutual Funds

See all updates »

Deadline Approaches for Higher Education Institutions to Submit Judicial and Arbitral Records to U.S. Department of Education

As described in an earlier alert, regulations promulgated by the U.S. Department of Education in November 2016 (the “Department”) concerning borrower defenses to repayment (the “2016 BDR Rules”), which the current administration…more

Arbitration, Arbitration Agreements, Borrower Defense Rule, Class Action Arbitration Waivers, Department of Education

See all updates »

FCC Proposes a Three-Year Pilot Program to Fund “Connected Care” Telehealth Applications

The Federal Communications Commission (FCC) took another step closer to establishing a three-year, $100 million Connected Care Pilot program following review of public comments on its prior Notice of Inquiry that previewed this…more

FCC, Health Care Providers, Low-Income Issues, NPRM, Public Comment

See all updates »

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on…more

Anti-Assignment Clauses, Appeals, Class Action, Class Members, Commercial Loans

See all updates »

U.S. Department of Education Issues Proposed Rule to Revise Accreditation Regulations

On June 12, 2019, the U.S. Department of Education (the “Department”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to revise its regulations governing the recognition of accrediting agencies for postsecondary…more

Accreditation, Colleges, Comment Period, Department of Education, Educational Institutions

See all updates »

The Restoration of (Bad) Faith: The Proper Standard for a Factual Finding of Willful Infringement

Enhanced Damages Under the Patent Act - The Patent Act provides that once infringement has been established, a district court may “increase the damages up to three times the amount found or assessed.” 35 U.S.C. § 284. The…more

35 U.S.C. § 284, Attorney's Fees, Cisco, Damages, Enhanced Damages

See all updates »

The Final Reg BI Package: What to Know and What’s Next

On June 5, 2019, the Securities and Exchange Commission (SEC), led by Chairman Jay Clayton, voted 3 to 1 to approve the four agenda items that encompassed the “Reg BI Package.” These four items were Regulation Best Interest –…more

Advisors Act, Best Interest Standard, Broker-Dealer, Duty of Care, Duty of Loyalty

See all updates »

U.S. Supreme Court Extends Statute Of Limitations for Privately Initiated False Claims Act Lawsuits

On May 13, 2019, the U.S. Supreme Court ruled that the 31 U.S.C. § 3731(b)(2) equitable tolling provision—allowing as much as ten years for the filing of a False Claim Act suit—should be available for private relators as well as…more

Appeals, Cause of Action Accrual, Cochise Consultancy Inc v United States ex rel Hunt, Dismissals, False Claims Act (FCA)

See all updates »

USTR Launches Exclusion Request Portal for Third Tranche of Section 301

The Office of the U.S. Trade Representative (“USTR”) has launched a web portal for exclusion requests pertaining to the third tranche of products (“List 3”) imported from China worth $200 billion annually. This portal replaces…more

China, Exclusions, Imports, Public Comment, Section 301

See all updates »

USTR Launches Exclusion Request Portal for Third Tranche of Section 301

The Office of the U.S. Trade Representative (“USTR”) has launched a web portal for exclusion requests pertaining to the third tranche of products (“List 3”) imported from China worth $200 billion annually. This portal replaces…more

China, Exclusions, Imports, Public Comment, Section 301

See all updates »

Recent State Fiduciary Duty Developments: Updates from Massachusetts, New Jersey, Illinois and the CFP Board.

The issue of “best interest” continues to be a hot topic in the states and trade groups, though one state has fallen out of the running…at least for now. The State of Massachusetts has two pending initiatives. The first is a…more

Best Interest Standard, Broker-Dealer, Code of Conduct, Ethical Standards, Fiduciary Duty

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from our…more

Analytics, Automation Systems, Capital Markets, Claims Processing Systems, Health Insurance

See all updates »

Alabama Enacts New Equal Pay Law to Prevent Wage Disparity on Basis of Sex or Race

On June 11, 2019, Alabama’s governor, Kay Ivey, signed equal pay legislation (the “Act”), which goes into effect on September 1, 2019. Alabama now joins a growing number of states, including California, Colorado, Maryland,…more

Anti-Retaliation Provisions, Double Damages, Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination

See all updates »

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JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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