Goldberg Segalla

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665 Main Street
Buffalo, New York 14203-1425, United States
Phone: (716)-566-5400
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Toxic Torts
  • Transportation
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • Florida
  • Illinois
  • Maryland
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
Number of Attorneys
400+ Attorneys

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

Court: United States District Court for the District of Montana, Great Falls Division - From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a…more

Asbestos, Asbestos Litigation, Disclosure Requirements, Expert Testimony, Motion To Strike

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

ADA, Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

See all updates »

Food Waste, Methane Gas, and the EPA

The Environmental Protection Agency on Oct. 19 released new reports regarding the impact of methane emissions from food waste. As previously discussed in this space[i], many states have passed regulations to address methane…more

Climate Change, Environmental Policies, EPA, Methane, Oil & Gas

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

Florida Practice Tip: Using the 120-Day Pay and Investigate Rule to Your Advantage

Key Takeaways - Florida law requires an insurance company to accept or deny a workers’ compensation claim after they are reported within 14 days after an accident, or a Petition for Benefits is filed. The 120-day pay and…more

Clawbacks, Compensation, Florida, Insurance Industry, Investigations

See all updates »

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an…more

ADA, Adverse Employment Action, Coronavirus/COVID-19, Disability Discrimination, FMLA

See all updates »

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an…more

ADA, Adverse Employment Action, Coronavirus/COVID-19, Disability Discrimination, FMLA

See all updates »

Mitigating Pressure Injury Exposure Through LEAF’s Innovative Wearable Sensor Technology

Healthcare facilities exposed to pressure injury litigation too often fail to defend patient malpractice claims because they cannot prove that caregivers provided reasonable turning and repositioning to prevent skin breakdown…more

Health Care Providers, Healthcare Facilities, Medical Devices, Nurses, Nursing Homes

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Florida Governor Signs Sweeping Property Insurance Regulation into Law

Key Takeaways - Senate Bill 2-A signed in September by Florida Gov. Ron DeSantis will result in notable changes to the state’s property insurance industry, including the end of “One-Way” attorney fees for policyholder…more

Governor DeSantis, Insurance Industry, Insurance Regulations, New Legislation, Property Damage

See all updates »

Florida Governor Signs Sweeping Property Insurance Regulation into Law

Key Takeaways - Senate Bill 2-A signed in September by Florida Gov. Ron DeSantis will result in notable changes to the state’s property insurance industry, including the end of “One-Way” attorney fees for policyholder…more

Governor DeSantis, Insurance Industry, Insurance Regulations, New Legislation, Property Damage

See all updates »

Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay?

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Injury, Workplace Safety

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Microplastics: Nurdle Law and Regulation Update

Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer…more

Administrative Procedure Act, Clean Water Act, Compliance, Discharge of Pollutants, Effluent Limitations

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California Time-Limited Demand Statute to Take Effect Jan. 1, 2023

Key Takeaways - A new California statute governing claimants’ demands will take effect Jan. 1 mandating that an at-fault party’s liability insurer pay by a specific deadline the limits of its policy to settle claims against…more

Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance, Policy Terms

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Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will discuss…more

Auto Insurance, Automotive Industry, Car Accident, Commercial General Liability Policies, Duty to Defend

See all updates »

Plaintiff’s Expert Precluded under Rule 702, Talc Defendant’s Motion for Summary Judgment Granted

4th Circuit US District Court - Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including…more

Asbestos, Asbestos Litigation, Breach of Warranty, Burden of Proof, Mesothelioma

See all updates »

[Webinar] Handling Trucking Claims: A Primer on Common Liability and Coverage Issues - June 27th, 12:00 pm - 1:00 pm ET

Attorneys from Goldberg Segalla’s Global Insurance Services and Transportation practice groups will provide a free, interactive webinar on some of the common liability and coverage issues arising from claims involving trucking…more

Auto Insurance, Cross-Claims, Denial of Insurance Coverage, Insurance Agents, Insurance Claims

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Artificial Intelligence is Now a Reality and So Are the Dangers Associated with Implementing it in Employment Decisions

KEY TAKEAWAYS - Employers should be aware of the potential dangers and legal pitfalls in using Artificial Intelligence in the recruitment, hiring and promotion of employees. Employers cannot pass liability onto a…more

Algorithms, Artificial Intelligence, Employer Liability Issues, Employment Discrimination, Hiring & Firing

See all updates »

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order…more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

See all updates »

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

Supreme Court of New York, New York County; August 28, 2023 - This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of…more

Asbestos, Bodily Injury, Causation, CPLR, New Trial

See all updates »

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an…more

ADA, Adverse Employment Action, Coronavirus/COVID-19, Disability Discrimination, FMLA

See all updates »

New York’s Minimum Weekly Workers’ Comp Benefits to Increase Under New Law

Key Takeaway - The minimum weekly compensation for individuals receiving workers’ compensation benefits will soon increase under legislation signed by New York Gov. Kathy Hochul. Hikes in the minimum weekly compensation will…more

New York, Workers' Compensation Claim, Workers’ Compensation

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Boiler Manufacturer’s Motions for Partial Summary Judgment as to Punitive Damages Denied

Court: Supreme Court of New York, New York County - Defendant Burnham LLC filed motions for partial summary judgment with respect to punitive damages in two actions, DeRoy and Giuliano, on the basis that asbestos exposure from…more

Asbestos, Asbestos Litigation, Motion for Summary Judgment, NY Supreme Court, Occupational Exposure

See all updates »

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an…more

ADA, Adverse Employment Action, Coronavirus/COVID-19, Disability Discrimination, FMLA

See all updates »

North Carolina Joins Growing List of U.S. Environmental Justice Policy Proponents

At the end of October, North Carolina Gov. Roy Cooper issued Executive Order No. 292, which reestablishes the Secretary of Environmental Quality’s (DEQ) Environmental Justice and Equity Advisory Board (EJ Board) as the…more

Climate Change, Environmental Justice, EPA, Executive Orders, Governor Cooper

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New Jersey Passes Law to Increase Medical Expert Fee to Maximum of $1,000

Key Takeaways - Effective immediately, the maximum allowable evaluating physician fee under the New Jersey Workers’ Compensation Act has increased from $600 to $1,000 The statute leaves the medical expert fee within the…more

Fees, Health Care Providers, Medical Experts, New Jersey, Workers' Compensation Claim

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and…more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

See all updates »

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will discuss…more

Auto Insurance, Automotive Industry, Car Accident, Commercial General Liability Policies, Duty to Defend

See all updates »

FASB Seeking Comments on Proposed Amendments Regarding Digital Assets

The Financial Accounting Standards Board (FASB) is seeking comments by Tuesday, June 6 on its newly proposed Accounting Standards Update (ASU). With the world of digital assets moving at lightning speed, the FASB’s proposed…more

Blockchain, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT), FASB

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

Evidence Preservation: Handling the Issues in New York and New Jersey

In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to comply,…more

Data Preservation, Duty to Preserve, Evidence, Failure To Preserve, New Jersey

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New York “Adult Survivors Act” Becomes Law

Key Takeaways - New York’s Adult Survivors Act was signed into law on Tuesday, May 24, 2022. The Adult Survivors Act establishes a one-year window that opens in six months for survivors of sexual offenses who were 18…more

Insurance Industry, Sexual Abuse, Sexual Assault, State and Local Government, Statute of Limitations

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Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued…more

Asbestos, Asbestos Litigation, Discovery, Jurisdiction, Mesothelioma

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New Jersey Supreme Court Issues New Opinion Clarifying “Authorized Vehicle Rule”

Key Takeaways - A November 21 decision by the New Jersey Supreme Court clarifying the authorized vehicle rule of the state’s Workers’ Compensation Act has implications for employers throughout New Jersey. The case involved…more

Car Accident, Employment Policies, Liability, NJ Supreme Court, Workers Compensation Act

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[Webinar] Jurisdiction Update: Asbestos Litigation in New York, New Jersey & Pennsylvania - February 28th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla for an informational webinar addressing the latest updates in asbestos litigation in New York, New Jersey, and Pennsylvania. Join Christina A. Gonzales, David E. Rutkowski, Andrew J. Scholz, and Elizabeth…more

Asbestos, Asbestos Litigation, Case Management, Jury Trial, Jury Verdicts

See all updates »

Employer Compliance with FLSA Wage and Hour Laws at the Beginning and End of Daylight Saving Time

Key Takeaways - Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour. Employers also should review the total hours these…more

Compliance, Department of Labor (DOL), FLSA, Over-Time, Timekeeping

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

See all updates »

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the…more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

See all updates »

[Webinar] A Pennsylvania Primer: Critical Insurance Coverage Issues in the Keystone State - November 14th, 12:00 pm - 1:00 pm EST

Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive webinar…more

Additional Insured, Bad Faith, Denial of Insurance Coverage, Duty to Defend, Extrinsic Evidence

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How Much Is Too Much? Drinking, Drugs, and Trucking

“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or…more

Commercial Truck Drivers, Controlled Substances, Drug Testing, DUI, Opioid

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Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board

Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive Guidelines…more

Algorithms, Employer Liability Issues, New Guidance, Workers Compensation Board, Workers' Compensation Claim

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[Webinar] A Pennsylvania Primer: Critical Insurance Coverage Issues in the Keystone State - November 14th, 12:00 pm - 1:00 pm EST

Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive webinar…more

Additional Insured, Bad Faith, Denial of Insurance Coverage, Duty to Defend, Extrinsic Evidence

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

[Webinar] A Pennsylvania Primer: Critical Insurance Coverage Issues in the Keystone State - November 14th, 12:00 pm - 1:00 pm EST

Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive webinar…more

Additional Insured, Bad Faith, Denial of Insurance Coverage, Duty to Defend, Extrinsic Evidence

See all updates »

Johnson & Johnson Considers a Third Talc Bankruptcy to Avoid Further Litigation

With more than two dozen jury trials scheduled over the next year involving contaminated talc claims related to its ubiquitous baby powder, discussions are already at Johnson & Johnson to puts its talc unit, LTL Management, back…more

Asbestos, Asbestos Litigation, Chapter 11, Johnson & Johnson, Mesothelioma

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Court Denies Asbestos Committee’s Motion for Leave to Appeal Bankruptcy Court’s Denial Order Regarding George-Pacific

Court: United States District Court for the Western District of North Carolina, Charlotte Division - As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all…more

Appeals, Asbestos, Asbestos Litigation, Bankruptcy Court, Mergers

See all updates »

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

See all updates »

New AI Technology Marks a Watershed Moment for Legal Profession

The legal profession is no stranger to embracing technological advancements.  More than 40 years ago, law firms and courts were early adopters of rudimentary artificial intelligence (AI) as applied to research (Lexis and…more

Algorithms, Artificial Intelligence, Contract Drafting, Document Review, Legal Project Management

See all updates »

Florida Governor Signs Sweeping Property Insurance Regulation into Law

Key Takeaways - Senate Bill 2-A signed in September by Florida Gov. Ron DeSantis will result in notable changes to the state’s property insurance industry, including the end of “One-Way” attorney fees for policyholder…more

Governor DeSantis, Insurance Industry, Insurance Regulations, New Legislation, Property Damage

See all updates »

“IT’S BAC(teria)!” NJ faces spike in Legionnaires cases

During the summer of 1976, thousands of WWII veterans and members of the Pennsylvania State American Legion gathered in Philadelphia for their annual three-day convention, and to commemorate the 200th anniversary of the American…more

CDC, Infectious Diseases, Risk Mitigation

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Heat-Related Illnesses under New Jersey Workers’ Compensation Law

With summer in full swing accompanied by record-high temperatures, employers should consider developing and implementing measures to mitigate  the risk of employees developing heat-related illnesses while working outside…more

Employer Liability Issues, Health and Safety, Heat Exposure, New Jersey, Occupational Exposure

See all updates »

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

Key Takeaways - Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on…more

Bodily Injury, Illinois, Negligence, New Legislation, Punitive Damages

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Pipe Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved for…more

Asbestos, Asbestos Litigation, Manufacturers, Mesothelioma, Motion for Summary Judgment

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

NYSHRL’s Source of Income Discrimination Statute Unconstitutional

Key Takeaways - New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing practices…more

Anti-Discrimination Policies, Housing Discrimination, Human Rights, New Amendments, New York

See all updates »

Federal Circuit Further Clarifies IPR Estoppel in California Institute of Technology v. Broadcom Limited

Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether to…more

Due Diligence, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Litigation

See all updates »

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Key Takeaways - Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the…more

Appeals, Indemnity Claim, Workers' Compensation Claim

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 - Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others,…more

Asbestos, Asbestos Litigation, Motion for Summary Judgment, NY Supreme Court, Punitive Damages

See all updates »

What Illinois Employers Need to Know about the Family Bereavement Leave Act

Key Takeaways - Illinois employers must now comply with the Family Bereavement Leave Act, which expands unpaid leave rights for employees due to the loss of a pregnancy, a child, or another covered family member…more

Bereavement Leave, Employee Benefits, Employer Liability Issues, Employment Policies, State Labor Laws

See all updates »

Green Technologies and their Impact on Groundwater: How Green is Green?

As the Biden Administration pushes to transition the country away from fossil fuels to green energy sources, we have been faced with the reality that demand for these necessary minerals could soon outpace supply. For example,…more

Biden Administration, Drought, Electric Vehicles, Green Technology, Groundwater

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[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and…more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

See all updates »

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

See all updates »

Federal Circuit Further Clarifies IPR Estoppel in California Institute of Technology v. Broadcom Limited

Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether to…more

Due Diligence, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Litigation

See all updates »

Employer Compliance with FLSA Wage and Hour Laws at the Beginning and End of Daylight Saving Time

Key Takeaways - Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour. Employers also should review the total hours these…more

Compliance, Department of Labor (DOL), FLSA, Over-Time, Timekeeping

See all updates »

NYSHRL’s Source of Income Discrimination Statute Unconstitutional

Key Takeaways - New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing practices…more

Anti-Discrimination Policies, Housing Discrimination, Human Rights, New Amendments, New York

See all updates »

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

See all updates »

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

See all updates »

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

See all updates »

Employers in New York City Must Provide Salary Information in Job Ads Effective May 15

In its effort to achieve pay equity and transparency, the New York City Council passed an amendment to the New York City Human Rights Law (NYCHRL) to create Section 8-107(32). The amendment—which becomes effective on May 15,…more

Amended Legislation, Employer Liability Issues, Equal Pay, Hiring & Firing, Job Ads

See all updates »

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the…more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

See all updates »

Fraud Doesn’t Pay in New York – November 2023 Update

An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of our…more

False Statements, Fraud, HIPAA, Investigations, Medical Records

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Primary Defendants Broker Settlements of Major PFAS Litigation

Over the last seven days, there have been news reports that major companies embroiled in PFAS litigation — particularly the Aqueous Film Forming Foam (AFFF) MDL in federal court, South Carolina — reached, or are on the cusp of…more

Drinking Water, Hazardous Substances, Multidistrict Litigation, PFAS, Toxic Chemicals

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What Private Sector Employers Can Learn from the EEOC Annual Performance Report

Key Takeaways - The EEOC report released in March confirms that employee discrimination claims remain on the rise Early mediation and conciliation remain a top priority for the EEOC to resolve employer/employee issues…more

Annual Reports, Compliance, Corporate Counsel, EEOC, Employer Liability Issues

See all updates »

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,…more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

See all updates »

House Eyes New Version of the Clean Water Act in Response to Recent U.S Supreme Court Decision

In what has already been a major year for the Clean Water Act, there’s now another attempt to redefine its scope. On October 17, the Clean Water Act of 2023 was introduced by ranking member of the House Committee on…more

Clean Water Act, Environmental Policies, EPA, Legislative Agendas, Natural Resources

See all updates »

Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay?

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Injury, Workplace Safety

See all updates »

Fraud Doesn’t Pay in New York – August 2023 Update

An Overview of Recent Decisions Demonstrating the Board’s Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment showing our continued success…more

Compensation, Fraud, Lost Wages, Medical Bills, Medical Records

See all updates »

New York Workers’ Compensation Board Once Again Tightens the Coverage Standard on Professional Employer Organizations

Key Takeaway - The New York Workers’ Compensation Board continues to struggle with properly attributing the coverage Professional Employer Organizations provide to underlying employers. Professional Employer…more

Contract Terms, Professional Employer Organization, Workers Compensation Board, Workers' Compensation Claim

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Form Filing Update: NY WCB Distinguishes Between TTD and PPD Benefits

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have been…more

Employer Liability Issues, Updated Forms, Workers Compensation Board, Workers' Compensation Claim, Workplace Injury

See all updates »

PFAS Alert: Chemours, DuPont and Corteva Reach Landmark Water District Settlement in MDL

KEY TAKEAWAYS - Dupont, Chemours and Corteva chemical companies have reached a deal with water companies nationwide worth more than $1.1 billion. The agreement aims to settle drinking-water claims related to per- and…more

Drinking Water, Environmental Policies, EPA, Hazardous Substances, PFAS

See all updates »

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the…more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

See all updates »

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Key Takeaways - Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the…more

Appeals, Indemnity Claim, Workers' Compensation Claim

See all updates »

Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize the…more

Bodily Injury, Insurance Industry, Litigation Fees & Costs, Nuclear Power

See all updates »

[Webinar] Don't Sleep on Workers' Compensation Immunity - November 16th, 12:00 pm - 1:00 pm ET

A single incident can generate a tort claim, a workers’ compensation claim, both, or neither. This webinar will help you identify the important questions you need to ask in order to defend your case, including whether the claim…more

Employer Liability Issues, Immunity, Webinars, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order…more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

See all updates »

New York State Legislature Passes Bill That Will Expand Wrongful Death Damages

Key Takeaways - A bill known as the Grieving Families Act has been passed by both chambers of the New York legislature and is awaiting Gov. Kathy Hochul’s signature. If signed into law it will become effective immediately…more

Damages, Emotional Distress Damages, Negligence, Statute of Limitations, Wrongful Death

See all updates »

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,…more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

EEOC’s Updated Harassment Guidance Addresses Emerging Workplace Issues

The EEOC’s proposed guidance - - If passed, represents the first update to harassment enforcement in nearly 25 years. - Attempts to modernize previously issued guidance by addressing emerging workplace issues and…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, EEOC, Employment Policies, Enforcement

See all updates »

[Webinar] Jurisdiction Update: Asbestos Litigation in New York, New Jersey & Pennsylvania - February 28th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla for an informational webinar addressing the latest updates in asbestos litigation in New York, New Jersey, and Pennsylvania. Join Christina A. Gonzales, David E. Rutkowski, Andrew J. Scholz, and Elizabeth…more

Asbestos, Asbestos Litigation, Case Management, Jury Trial, Jury Verdicts

See all updates »

2023 Second Quarterly Asbestos Bankruptcy Trust Alert

Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also…more

Asbestos, Class Action, Compensation, Punitive Damages

See all updates »

Latest Microplastics Finding: Human Heart Tissue

Microplastics have been detected in human lungs and placentas, stool and blood, and the latest finding: heart tissue. In a pilot study published in Environmental Science & Technology, researchers studied 15 patients, ranging in…more

Contamination, Environmental Policies, Hazardous Substances, Plastics, Public Health

See all updates »

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

See all updates »

Waste Reduction Programs to Take on Climate Change

In 2015, California’s former governor Edmund Brown Jr. set methane emissions-reduction targets for the state. Senate Bill 1383 requires that California reduce organic waste disposal 75 percent by the year 2025. Although most…more

Climate Change, Environmental Policies, EPA, Landfills, Methane

See all updates »

Federal Circuit Further Clarifies IPR Estoppel in California Institute of Technology v. Broadcom Limited

Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether to…more

Due Diligence, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Litigation

See all updates »

What Private Sector Employers Can Learn from the EEOC Annual Performance Report

Key Takeaways - The EEOC report released in March confirms that employee discrimination claims remain on the rise Early mediation and conciliation remain a top priority for the EEOC to resolve employer/employee issues…more

Annual Reports, Compliance, Corporate Counsel, EEOC, Employer Liability Issues

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

ADA, Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

See all updates »

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

See all updates »

[Webinar] Handling Trucking Claims: A Primer on Common Liability and Coverage Issues - June 27th, 12:00 pm - 1:00 pm ET

Attorneys from Goldberg Segalla’s Global Insurance Services and Transportation practice groups will provide a free, interactive webinar on some of the common liability and coverage issues arising from claims involving trucking…more

Auto Insurance, Cross-Claims, Denial of Insurance Coverage, Insurance Agents, Insurance Claims

See all updates »

California not just dreamin’ about expanding Prop. 65 product-notice requirements

If a company makes, distributes, or sells consumer products—including food products—containing chemicals that might turn the leaves brown, proposed amendments to California’s Proposition 65 may saddle it with additional…more

California, Manufacturers, Notice Requirements, OEHHA, Proposition 65

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

ADA, Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

See all updates »

Next On EPA’s Chopping Block: Trichloroethylene

The Environmental Protection Agency has proposed a risk management rule as part of the Toxic Substances Control Act (TSCA) that would ban the production, processing and distribution of trichloroethylene (TCE) for all uses. TCE…more

Comment Period, Environmental Policies, EPA, Proposed Rules, Public Health

See all updates »

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - June 14th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

See all updates »

[Webinar] Mitigating Workers’ Compensation Exposure for New York Employers - November 3rd, 11:00 am - 12:00 pm EDT

In workers’ compensation, it may seem like the deck is stacked against the employer. However, there are still plenty of ways to mitigate your exposure. Join Goldberg Segalla partner Philip Unwin for this complementary webinar…more

Employer Liability Issues, Job Duties, Light-Duty Positions, New York, Webinars

See all updates »

Investigating Jurisdiction Defenses in Medical Provider Claims Concerning Construction Workers in New Jersey

Key Takeaways - New Jersey can exercise jurisdiction over a medical provider claim if they can exercise jurisdiction over the underlying claim. The New Jersey Appellate Division set forth six factors to determine whether…more

Construction Workers, Jurisdiction, New Jersey, Unions, Workplace Injury

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

ADA, Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

See all updates »

Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize the…more

Bodily Injury, Insurance Industry, Litigation Fees & Costs, Nuclear Power

See all updates »

[Webinar] Avoiding Pitfalls in Premises Liability – Key Considerations for Premises Liability Claims - July 18th, 12:00 pm - 1:00 pm ET

Premises liability injury or “slip and fall” claims present substantial risk to insureds who have customers or guests in their business or on their property. However, not all premises liability claims are created equal. This…more

Defense Strategies, Denial of Insurance Coverage, Evidence, Insurance Claims, Insurance Industry

See all updates »

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria…more

Anti-Discrimination Policies, Civil Rights Act, EEOC, Employment Discrimination, First Amendment

See all updates »

[Webinar] Avoiding Pitfalls in Premises Liability – Key Considerations for Premises Liability Claims - July 18th, 12:00 pm - 1:00 pm ET

Premises liability injury or “slip and fall” claims present substantial risk to insureds who have customers or guests in their business or on their property. However, not all premises liability claims are created equal. This…more

Defense Strategies, Denial of Insurance Coverage, Evidence, Insurance Claims, Insurance Industry

See all updates »

Investigating Jurisdiction Defenses in Medical Provider Claims Concerning Construction Workers in New Jersey

Key Takeaways - New Jersey can exercise jurisdiction over a medical provider claim if they can exercise jurisdiction over the underlying claim. The New Jersey Appellate Division set forth six factors to determine whether…more

Construction Workers, Jurisdiction, New Jersey, Unions, Workplace Injury

See all updates »

Not My Employee – How Professional Employment Organizations Can Protect Against Unnecessary Liability

During a recent court session, I witnessed a judge enter an order compelling a Professional Employment Organization (PEO) to pay benefits without prejudice for an employee who was in no way associated with the PEO, according to…more

Employer Liability Issues, Professional Employer Organization, State Labor Laws, Workers Compensation Board, Workers' Compensation Claim

See all updates »

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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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