Holland & Hart LLP

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555 17th Street
Suite 3200
Denver, CO 80202, United States
Phone: 303.295.8000
Practice Groups
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • 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
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alaska
  • Colorado
  • D.C.
  • Idaho
  • Montana
  • Nevada
  • New Mexico
  • Utah
  • Wyoming
Number of Attorneys
400+ Attorneys

ERISA, ERISA…Just an Old Sweet Song Keeps ERISA on my Mind

“Georgia” on your mind? As we look towards the upcoming Masters golf tournament weekend, our minds turn to the condition of the greens (exquisite), the players tee off order (does afternoon help or hinder Tiger on an expected…more

Benefit Plan Sponsors, Compliance, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fees

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OSHA Issues Final Rule on Tracking Workplace Injuries and Illnesses

On July 21, 2023, OSHA published to the Federal Register its final rule to “Improve Tracking of Workplace Injuries and Illnesses.” The Final Rule contains requirements for employers with establishments of various sizes to…more

Final Rules, OSHA, Recordkeeping Requirements, Tracking Systems, Workplace Illness and Injury Reporting

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Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in…more

Burden of Proof, Business Litigation, Commercial Electronic Messages, Corporate Counsel, Demand Letter

See all updates »

OSHA Issues Final Rule on Tracking Workplace Injuries and Illnesses

On July 21, 2023, OSHA published to the Federal Register its final rule to “Improve Tracking of Workplace Injuries and Illnesses.” The Final Rule contains requirements for employers with establishments of various sizes to…more

Final Rules, OSHA, Recordkeeping Requirements, Tracking Systems, Workplace Illness and Injury Reporting

See all updates »

Important Changes to EPA's RCRA Program

The Environmental Protection Agency (EPA) has made several recent changes that will affect compliance obligations under the Resource Conservation and Recovery Act (RCRA). First, EPA finalized revisions to the definition of solid…more

E-Waste, Environmental Protection Agency (EPA), Final Rules, Hazardous Waste, Manufacturers

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Main Street Lending Program Now Open to Borrowers and Lenders

On July 6, 2020, the Federal Reserve Bank of Boston announced that the Main Street Lending Program is now fully operational. This means that lenders who registered for the program can administer, and borrowers can apply for,…more

Borrowers, CARES Act, Coronavirus/COVID-19, Lenders, Main Street Lending Programs

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Eighth Circuit Affirms Producer's Royalty Calculations Under North Dakota Law

The United States Court of Appeals for the Eighth Circuit has affirmed a district court’s ruling that overriding royalty owners generally must bear their share of post-production costs under North Dakota law. The Eighth…more

Appeals, Oil & Gas, Royalties, Summary Judgment

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DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the Fair…more

Audits, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Publicly Traded Cannabis Companies: To Be or Not To Be?

The cannabis industry is in distress. Despite continued market expansion and the increasing number of states legalizing adult use, business owners still grapple with lingering supply-chain issues from the pandemic, an…more

Cannabis-Related Businesses (CRBs), Capital Raising, Compliance, Inflation Reduction Act (IRA), Initial Public Offering (IPO)

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Colorado Legislative Update: Sales Tax Exemption Legislation Affecting Mining Industry

At the Colorado Capitol this week, the Tax Expenditure Evaluation Interim Committee voted to move forward with legislation related to the sales tax exemption for the purchases of electricity, gas, and other types of energy used…more

Electricity, Manufacturers, Mining, Oil & Gas, Proposed Legislation

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State Level PFAS Regulations Are Coming: Are You Ready?

As the US Environmental Protection Agency (EPA) expands its regulation of per-and polyfluoroalkyl substances (PFAS), a number of states have also taken steps to regulate the use, production, and sale of products containing PFAS…more

Environmental Protection Agency (EPA), PFAS, Proposed Legislation, Regulatory Agenda, Toxic Chemicals

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Idaho Legislature Repeals 2016 Changes to Non-Compete Law

When a new business comes to town, when an existing business seeks to expand, or when a startup is making its way off the ground, it may want (or need) to recruit key employees from existing companies. That can be especially…more

Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing, Independent Contractors

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Just Because I’m Missing, Doesn’t Mean I’m Lost: Should Plan Sponsors Provide Data for the DOL’s Missing Participant Database?

“Missing participants” have long been a thorn in the side of plan sponsors and administrators, as they are owed a retirement benefit, but are unable to be found or unresponsive to plan communications. As a partial solution,…more

Benefit Plan Sponsors, Confidential Information, Data Collection, Databases, Department of Labor (DOL)

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Holland & Hart Scores Win for Mancos Shale Oil & Gas Operators; No Drilling Moratorium During Well Approval Process

In a detailed opinion, U.S. District Court Judge James O. Browning of the District of New Mexico sided squarely with the Bureau of Land Management (BLM) and the oil and gas operators, represented by Holland & Hart’s…more

Bureau of Land Management, Environmental Assessments, Environmental Impact Report (EIR), Fracking, Horizontal Wells

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BLM Finalized New Waste Prevention Rule – What Does it Mean for Industry?

The Bureau of Land Management (BLM) finally released its new Waste Prevention Rule (“Rule”), which was originally proposed back in November 2022. The new Rule, which will be published in the Federal Register soon, is aimed at…more

Air Quality Standards, Bureau of Land Management, Inflation Reduction Act (IRA), Natural Gas, New Rules

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February 2024 Visa Bulletin: Insights into Employer-Based Immigrant Petitions and Visa Backlogs

As we delve into the February 2024 Visa Bulletin, it’s evident that the priority dates for employer-based immigrant petitions continue to face minimal advancement, contributing to prolonged wait times for immigrant visas…more

EB-1, EB-2, EB-3, Foreign Workers, Immigrants

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Key Takeaways from Final Revisions to Endangered Species Act Regulations

On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

See all updates »

Weld County is Moving Quickly to Place Extreme Limits on Solar Development

Weld County, Colorado is moving quickly to place extreme limits on solar development. This week the Weld County Board of County Commissioners plans to take initial steps toward adopting amendments to the County zoning code…more

Proposed Amendments, Solar Energy

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New SEC Rules Enhance Regulation of Private Fund Advisers

Recently, the Securities and Exchange Commission (the “SEC”) adopted much anticipated rules under the Investment Advisers Act of 1940 (the “Advisers Act”) aimed at (i) bolstering the regulation of private fund advisers and…more

Audits, Books & Records, Clawbacks, Compensation, Disclosure Requirements

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Rejection of Gathering Agreements in Bankruptcy Affirmed by Second Circuit in Sabine Oil & Gas

On May 25, 2018, the United States Court of Appeals for the Second Circuit confirmed in re Sabine Oil & Gas Corp. that a midstream gathering agreement did not create a real covenant that ran with the land, and therefore, a…more

Bankruptcy Code, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector, Executory Contracts

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The Votes Are In: Results of Utah's 2022 Conventions

Utah’s Democratic and Republican Parties have wrapped up their respective conventions to select candidates for the 2022 election. However, some candidates within each party will head to the June primaries to determine who will…more

Political Conventions, State Elections

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More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few months…more

Appeals, Biden Administration, Clean Water Act, Environmental Litigation, Environmental Policies

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HHS Proposes Disincentives for Providers Who Violate the Information Blocking Rule

The U.S. Department of Health and Human Services (HHS) released a proposed rule that establishes disincentives for healthcare providers who violate the Information Blocking Rule (IBR) under the 21st Century Cures Act ("Cures…more

21st Century Cures Act, ACOs, Critical Access Hospitals, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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Your Voir Dire Questions: Don’t Be Scared of Simple

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury..…more

Juror, Jury Selection, Jury Trial, Trial Preparation, Voir Dire

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Utah Tax Restructuring and Equalization Task Force Releases Draft of Tax Restructuring Policy Proposal

In an effort to address Utah’s structural tax revenue imbalance, the Utah Tax Restructuring and Equalization Task Force released a draft of its tax restructuring policy proposal (Proposal). The Proposal is authored by Senator…more

Federal Agency Taskforce, Legislative Agendas, Public Policy, State Budgets, State Funding

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Go Your Own Way (Or Maybe Not): New Heightened Fiduciary Standards are Coming to Group Health Plans

There has been a shift taking place in ERISA litigation and compliance that could significantly impact group health plan fiduciary requirements. We anticipate group health plan fiduciary standards will evolve along the same…more

401k, Consolidated Appropriations Act (CAA), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, ERISA Litigation

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Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in…more

Burden of Proof, Business Litigation, Commercial Electronic Messages, Corporate Counsel, Demand Letter

See all updates »

No More Non-Competes

In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements…more

Confidential Information, Confidentiality Agreements, Contract Terms, Employment Contract, Non-Compete Agreements

See all updates »

Strategies for Dealing with Critical Suppliers in Distress

As the economic impact of the COVID-19 pandemic continues to affect a greater number of businesses, suppliers’ capabilities to access cash through debt and equity will likely be further constrained. For customers procuring…more

Coronavirus/COVID-19, Software, Technology

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10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,…more

Diversity, Diversity and Inclusion Standards (D&I), Employee Handbooks, Employee Training, Employer Liability Issues

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Third Circuit: Unpaid Royalties in Bankruptcy are Subject to Constructive Trust under Colorado Law

The United States Court of Appeals for the Third Circuit determined that, under Colorado law, unpaid royalties are real property interests and not property of the bankruptcy estate, reversing lower courts in Delaware that…more

Appeals, Bankruptcy Code, Bankruptcy Court, Colorado, Natural Gas

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New Final Tax Credit Transferability Regulations Issued; Changes Minimal

On April 25, 2024, the IRS and US Treasury Department issued the final regulations under Section 6418 of the Code, the provision that allows sales of certain tax credits, including credits for renewable energy production and…more

Anti-Abuse Rule, Investment Tax Credits, IRS, Regulatory Standards, Renewable Energy

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Court News: Economic Substance Doctrine Nullifies Transaction

The IRS won a major economic substance case on October 31. A federal district court in Liberty Global, Inc. v. United States, No. 20-cv-03501 (D. Colo.), found that a planned corporate transaction lacked economic substance. …more

Controlled Foreign Corporations, Economic Substance Doctrine, GILTI tax, Income Taxes, IRS

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Court News: Economic Substance Doctrine Nullifies Transaction

The IRS won a major economic substance case on October 31. A federal district court in Liberty Global, Inc. v. United States, No. 20-cv-03501 (D. Colo.), found that a planned corporate transaction lacked economic substance. …more

Controlled Foreign Corporations, Economic Substance Doctrine, GILTI tax, Income Taxes, IRS

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Does Your Business Properly Classify Independent Contractors? DOL Publishes Final Rule on Worker Classification

On January 9, 2024, the U.S. Department of Labor (“DOL”) published its final rule defining the term “independent contractor” and setting forth the new test for determining independent contractor / employee status (the “Rule”)…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Continuing Reporting Obligations Under the Corporate Transparency Act: You're Never Done

Most smaller businesses newly formed or registered to do business in the United States will soon be required to file their initial beneficial ownership report with the federal Financial Crimes Enforcement Network (FinCEN),…more

Beneficial Owner, Budgets, Compensation, Corporate Transparency Act, Debt

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State Level PFAS Regulations Are Coming: Are You Ready?

As the US Environmental Protection Agency (EPA) expands its regulation of per-and polyfluoroalkyl substances (PFAS), a number of states have also taken steps to regulate the use, production, and sale of products containing PFAS…more

Environmental Protection Agency (EPA), PFAS, Proposed Legislation, Regulatory Agenda, Toxic Chemicals

See all updates »

Debt-Free Deals with "Free Debt" – Practical Solutions for Sellers with PPP Loans in M&A

The majority of middle-market M&A has followed a similar structure for quite some time: while ensuring normalized working capital, the seller sweeps “Cash” and pays off all “Debt” at closing. The nuance, of course, lies in the…more

Cash Transactions, Collateral, Coronavirus/COVID-19, Debt, Loan Forgiveness

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Chevron Deference Destined for Change in Loper Bright & Relentless

Practical Guidance: Litigation, Professional Perspective - Chevron Deference Destined for Change in Loper Bright & Relentless - Editor's Note: This Professional Perspective addresses how the US Supreme Court's impending…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Environmental Protection Agency (EPA)

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Pity for Parody – SCOTUS Decision Sides with Jack Daniel's

Key Take-Aways - Infringers/diluters who are using another’s mark to identify the source of their own good or service cannot rely on Rogers (to shield from application of the likelihood of confusion factors) or “fair use” (to…more

Cease and Desist, Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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New California Proposition 65 Warning Requirements Apply to the Outdoor Recreation Industry

New Proposition 65 regulations take effect on August 30, 2018. We invite you to take a deeper dive into what the Proposition 65 changes mean for your outdoor recreation company and learn what you can do to implement and bolster…more

Manufacturers, New Regulations, OEHHA, Proposition 65, Recreation

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Highlights from the 2024 Wyoming Legislative Budget Session

Dramatic Finish to the Legislative Session Two weeks after the 67th Wyoming Legislature left Cheyenne, the legislative process concluded. The Governor used all of the available time before the March 23 deadline to make veto…more

Energy Projects, Federal Land, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Mining

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New Stark and Anti-Kickback Statute Comparisons

On November 20, 2020, CMS and the OIG published their much anticipated amendments to the federal Stark and Anti-Kickback laws. As summarized in our recent client alert, the changes open the door to value-based contracting with…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), OIG, Proposed Amendments, Stark Law

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Key Takeaways from Final Revisions to Endangered Species Act Regulations

On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

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Crypto, DAOs, and the Wyoming Frontier

On July 1, 2021, Wyoming’s Decentralized Autonomous Organization (“DAO”) law (Wy. Stat. § 17-31-101 through 17-31-115) became effective. This makes Wyoming the first U.S. state to clarify the legal status of, and legally…more

Blockchain, Cryptocurrency, Dispute Resolution, Ethereum, Hackers

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Pay Obligations During Doctor-Recommended Leave of Absence

Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined…more

Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Leave of Absence, Medical Leave, Reasonable Accommodation

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MT Supreme Court Greenlights First New Copper Mine in Decades

In a momentous decision last week, the Montana Supreme Court affirmed the Montana Department of Environmental Quality's (MDEQ) issuance of a mine operating permit to Tintina Montana for the Black Butte Copper Project, rejecting…more

Contractors, Department of Environmental Quality, MT Supreme Court, Renewable Energy

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The Russia – Ukraine Conflict: Making Difficult Decisions in Uncertain Times

It was 1993. I was 25, a young American lawyer living and working in Moscow. As events are now unfolding in Russia and Ukraine, I am reminded of the images of tanks rolling down the street outside my window and the fear of…more

Compliance, Currency Fluctuation, Cyber Attacks, Economic Sanctions, Military Conflict

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Rejection of Gathering Agreements in Bankruptcy Affirmed by Second Circuit in Sabine Oil & Gas

On May 25, 2018, the United States Court of Appeals for the Second Circuit confirmed in re Sabine Oil & Gas Corp. that a midstream gathering agreement did not create a real covenant that ran with the land, and therefore, a…more

Bankruptcy Code, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector, Executory Contracts

See all updates »

Legal Storm Clouds Gather As New Climate Change Policies Are Released

Concurrent with commitments made during the twenty-sixth meeting of the United Nations’ COP26 summit in Glasgow, Scotland, the Biden Administration released two significant policies aimed at analyzing and curtailing the impact…more

Biden Administration, Bureau of Land Management, Carbon Emissions, Clean Energy, Climate Action Plan

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New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and…more

Contamination, Proposed Regulation, Proposed Rules, Water, Water Quality Control Boards

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Key Takeaways from Final Revisions to Endangered Species Act Regulations

On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

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Biden Administration's 30x30 Conservation Goal: Only the Beginning

President Biden identified his goal "of conserving at least 30 percent of our lands and waters by 2030" (the 30x30 goal) in Section 216 of Executive Order No. 14008, "Tackling the Climate Crisis at Home and Abroad" (EO 14008)…more

Agricultural Sector, Biden Administration, Climate Change, Conservation, Department of Agriculture

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Buckle Up for the SEC's Mandatory Climate Change Reporting Ride

On March 21, 2022, the US Securities and Exchange Commission (the "SEC") proposed rules governing the "Enhancement and Standardization of Climate-Related Disclosures for Investors."…more

Clean Air Act, Climate Change, Compliance, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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CFIUS Proposed Rule Aims to Strengthen Penalty and Enforcement Measures

The US Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently released a Notice of Proposed Rulemaking (NPRM) to augment certain CFIUS…more

CFIUS, Comment Period, Enforcement Actions, Financial Regulatory Reform, Foreign Investment

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GAO's Bid Protest Sustain & Effectiveness Rates Hit Record Highs

Last week, the Government Accountability Office (“GAO”) released its Bid Protest Annual Report to Congress for FY 2023. The Annual Report reflects that GAO had a record-breaking year of protest activity. We note, however, that…more

Bid Protests, Corrective Actions, GAO, GWACs, National Institute of Health (NIH)

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Deferred Compensation Arrangements for Non-Profits: What I’ve Felt, What I’ve Known, Is Not Consistent with the Code

Deferred compensation options for executives of tax-exempt entities are often misunderstood by those organizations who have not previously delved into them. Traditional tax-exempt organizations – think charities and non-profits…more

401k, 403(b) Plans, Deferred Compensation, Executive Compensation, Nonprofits

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DEA Agrees to Reclassify Cannabis, But Many Questions Remain

The DEA announced on Tuesday it will accept the Health and Human Services Department’s (HHS) recommendation to reclassify cannabis from Schedule I to Schedule III under the Controlled Substances Act.  This move will have a…more

Cannabis Products, Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Providing Disaster Relief Payments or Charitable Assistance to Employees During COVID-19

Employers may provide disaster relief payments and/or charitable assistance to employees in several ways. The following includes brief descriptions of each scenario in the context of the COVID-19 pandemic and corresponding…more

Charitable Donations, Coronavirus/COVID-19, Employee Assistance Programs, IRS, Qualified Disaster Relief Payments

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Supreme Court OK's TABOR Repeal Initiative

Law Week Colorado  Last year, a divided Colorado Supreme Court ruled that an initiative to repeal the Taxpayers’ Bill of Rights didn’t violate the state’s “single subject” rule and could move forward. But the impact of this…more

CO Supreme Court, Repeal, State Constitutions, Taxpayers' Bill of Rights

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CFIUS Proposed Rule Aims to Strengthen Penalty and Enforcement Measures

The US Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently released a Notice of Proposed Rulemaking (NPRM) to augment certain CFIUS…more

CFIUS, Comment Period, Enforcement Actions, Financial Regulatory Reform, Foreign Investment

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Inflation Reduction Act – Renewable Energy Components

Today, the President signed the Inflation Reduction Act (the “Act”), a broad bill that targets health care costs, taxes for large companies, overall deficit reduction, and climate change, into law. The law includes many…more

Clean Energy, Davis-Bacon Act, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Restraining ESA Critical Habitat: Ninth Circuit Overturns FWS’s Jaguar Critical Habitat Designation

On May 17, 2023, in Center for Biological Diversity v. U.S. Fish & Wildlife Service (CBD v. FWS), the Ninth Circuit Court of Appeals set aside parts of the U.S. Fish and Wildlife Service’s (FWS) designation of critical habitat,…more

Center for Biological Diversity, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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No More Non-Competes

In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements…more

Confidential Information, Confidentiality Agreements, Contract Terms, Employment Contract, Non-Compete Agreements

See all updates »

OFAC Redefines the Term “Significant Transnational Criminal Organization,” Broadening Its Reach

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has implemented the President’s prior revision of the definition of “significant transnational criminal organization” (significant TCO) by eliminating…more

Corporate Crimes, Criminal Investigations, Cross-Border Transactions, Due Process, Economic Sanctions

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10 Tips to Mitigate the Risk of Deal Breakups in the Era of COVID-19

People involved in mergers and acquisitions know there are risks inherent in every deal, including the risk that the parties will spend time and money and then the deal will not close. The only certainty in the COVID-19 world…more

Coronavirus/COVID-19, Due Diligence, Exclusivity, Financing, Letters of Intent

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Religious Accommodation: SCOTUS Approaching Decision on Title VII ‘Undue Hardship’ Standard

On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. Postal Service (USPS) worker who was denied a religious accommodation to observe his sabbath. The broad implications of a decision…more

Amazon, Americans with Disabilities Act (ADA), Civil Rights Act, Collective Agreements, Religious Accommodation

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Events Excusing Performance of a Contract

My company cannot perform under a contract. What are my options? When unexpected events occur such as a global pandemic, parties to a contract may need to evaluate various legal bases to excuse performance under an otherwise…more

Anticipatory Repudiation, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose, Uniform Commercial Code (UCC)

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2022 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

The 2022 cost of living adjustments of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. Probate practitioners should be aware of the change in figures related to…more

Colorado, Cost-of-Living Adjustment (COLA), Probate Code

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Forming or Acquiring a Veterinary Practice in Colorado: The Basics of Corporate Practice

Most people would say they love their dogs, but if you’re considering starting a veterinary practice in Colorado, your patients may belong to some of the most dedicated pet-owners out there: In 2024, Colorado ranked number one…more

Colorado, Independent Contractors, Licensing Rules, Veterinarians

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California’s New Right to Reproductive Loss Leave Effective January 1

As we begin 2024, California has a new right for employees to take leave to grieve loss that went into effect with the new year. Effective January 1, 2024, the state will require employers with five or more employees to…more

California, FEHA, Paid Leave, Reproductive Healthcare Issues, State Labor Laws

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Self-Driving Cars: Are You In or Out?

Autonomous vehicle testing and development continues to accelerate. Problems and setbacks, however, have delayed technology advancement and assessment, and influenced public perception of this new transportation mechanism…more

Automation Systems, Automotive Industry, Bodily Injury, Car Accident, Connected Cars

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The Votes Are In: Results of Utah's 2022 Conventions

Utah’s Democratic and Republican Parties have wrapped up their respective conventions to select candidates for the 2022 election. However, some candidates within each party will head to the June primaries to determine who will…more

Political Conventions, State Elections

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Events Excusing Performance of a Contract

My company cannot perform under a contract. What are my options? When unexpected events occur such as a global pandemic, parties to a contract may need to evaluate various legal bases to excuse performance under an otherwise…more

Anticipatory Repudiation, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose, Uniform Commercial Code (UCC)

See all updates »

Three Takeaways From Recent SEC Enforcement Case

The Securities and Exchange Commission (SEC) just announced a settled enforcement matter involving a public company and its CFO.  (AP File No. 3-21438)  The case presents three important takeaways for companies and executives…more

Corporate Counsel, Enforcement Actions, Internal Reporting, Material Misstatements, Retaliation

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NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

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IP Opportunities and Options for Small and Startup Businesses

Business owners and founders face a mountain of decisions and needs in the early days of their company. Infrastructure, supply chains and personnel issues often attract the lion’s share of attention, in part because of their…more

Patents, Small Business, Trade Secrets, Trademarks, USPTO

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Providing Disaster Relief Payments or Charitable Assistance to Employees During COVID-19

Employers may provide disaster relief payments and/or charitable assistance to employees in several ways. The following includes brief descriptions of each scenario in the context of the COVID-19 pandemic and corresponding…more

Charitable Donations, Coronavirus/COVID-19, Employee Assistance Programs, IRS, Qualified Disaster Relief Payments

See all updates »

EPA Issues Final Rule Revising CWA Section 401 Regulation

On June 1, 2020, the U.S. Environmental Protection Agency (EPA) released a Final Rule revising its regulations implementing Section 401 of the Clean Water Act (CWA). Section 401 gives states and tribes the authority to evaluate…more

Certifications, Clean Water Act, Environmental Protection Agency (EPA), Final Rules, State and Local Government

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Recent EPA Guidance Spells Out Superfund Liability Protections Available to Local Governments

State and local governments are in a unique position when it comes to facilitating the cleanup and redevelopment of contaminated properties within their jurisdictions and can play a vital role in revitalizing neighborhoods…more

CERCLA, Contaminated Properties, Environmental Protection Agency (EPA), Hazardous Substances, New Guidance

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Supreme Court Poised to Issue Blockbuster Decision on Free Speech

Earlier this year, the U.S. Supreme Court agreed to hear 303 Creative, LLC v. Elenis, an appeal brought by a Colorado website designer who claims she has a First Amendment right to refuse to make websites for same-sex weddings…more

American Civil Liberties Union (ACLU), Anti-Discrimination Policies, Appeals, Free Speech, NAACP

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U.S. Supreme Court Blocks OSHA's Vaccine-or-Test Rule; Upholds CMS's Healthcare Vaccine Mandate

The U.S. Supreme Court, in a 6-3 decision, has blocked the Department of Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring private employers with 100 employees or more to…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates, National Federation of Independent Business v Department of Labor and OSHA

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Alternative Means for FDA Approval of Pet Care Drugs – Part 3: Differences Between Major and Minor Species

This update is the final in a multi-part series exploring FDA approval of pet care drugs. In part one of our series we discussed that before an animal drug product can be legally marketed for use in animals, a New Animal Drug…more

Animal Drugs, FDA Approval, Food and Drug Administration (FDA), Orphan Drugs, Pets

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Bipartisan Infrastructure Bill Invests Billions in CCUS

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (“Bipartisan Infrastructure Bill”), a $1.2 trillion commitment of funding for the country’s physical infrastructure. Along with…more

Biden Administration, Carbon Capture and Sequestration, Department of Energy (DOE), Infrastructure, Tax Credits

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Sovereign States Pitted Against Sovereign Tribes in Recent Federal District Court Decision

On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit…more

Corporate Counsel, Jurisdiction, Native American Issues, Pipelines, SCOTUS

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Chevron Deference Destined for Change in Loper Bright & Relentless

Practical Guidance: Litigation, Professional Perspective - Chevron Deference Destined for Change in Loper Bright & Relentless - Editor's Note: This Professional Perspective addresses how the US Supreme Court's impending…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Environmental Protection Agency (EPA)

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Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in…more

Burden of Proof, Business Litigation, Commercial Electronic Messages, Corporate Counsel, Demand Letter

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GAO's Bid Protest Sustain & Effectiveness Rates Hit Record Highs

Last week, the Government Accountability Office (“GAO”) released its Bid Protest Annual Report to Congress for FY 2023. The Annual Report reflects that GAO had a record-breaking year of protest activity. We note, however, that…more

Bid Protests, Corrective Actions, GAO, GWACs, National Institute of Health (NIH)

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Promises Delivered: CDFI Fund Announces $5 Billion in New Market Tax Credits

On September 1, 2021, at a time when America’s underserved and distressed communities need financial investment the most, the U.S. Department of Treasury through its Community Development Financial Institution Fund announced it…more

CDFI Fund, Community Development Entities, Internal Revenue Code (IRC), New Market Tax Credits, Qualified Investment Funds (QIFs)

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Justices Leave Questions Open On Dual-Purpose Atty Advice

In-house counsel, tax attorneys and litigators alike were disappointed by the U.S. Supreme Court's recent decision to dismiss the appeal of In re: Grand Jury on grounds that certiorari was improvidently granted. The dispute…more

Attorney-Client Privilege, Denial of Certiorari, Dismissals, In-House Perspective, Income Taxes

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DOJ Announces Significant Changes to Corporate Criminal Enforcement Policies

On October 28, 2021, Deputy Attorney General Lisa Monaco issued a Memorandum entitled “Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies,” which she explained the same day in her…more

Compliance, Corrective Actions, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Actions

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OIG Issued Updated General Compliance Program Guidance for Healthcare Providers and Stakeholders

On Monday, November 6, 2023, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) released its General Compliance Program Guidance (“GCPG”) for the general healthcare compliance community and…more

Anti-Kickback Statute, Audits, Civil Rights Act, Compliance, Corrective Actions

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Iterative Diligence: Information in Real-Time is Crucial for Buyers During COVID-19

COVID-19 and its disruptions are not going away anytime soon. Buyers in M&A deals are wise to keep their pulse on real-time financial and business relationship information given the almost daily changes in the “new normal”…more

Buyers, Coronavirus/COVID-19, Due Diligence, Minimum Purchase Requirements, Termination Rights

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DEI after SCOTUS University Admissions Decision

With the Supreme Court’s recent consolidated opinion on the affirmative action programs at Harvard and the University of North Carolina (UNC) in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and…more

Affirmative Action, Diversity, Federal Contractors, OFCCP, SCOTUS

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CDPHE Issues New Changes Regarding PFAS

On February 29, 2024, the Colorado Department of Public Health and Safety (CDPHE) withdrew its prior amended version to the Industrial Stormwater General Permit for Non-Extractive Industries, COR900000 — even before its…more

Corrective Actions, NPDES, PFAS, Storm Water

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Is Your ITAR Empowered Official Qualified? Better Check!

As demonstrated by a recent Department of State, Directorate of Defense Trade Controls (DDTC) enforcement action, some staffing decisions can have costly export control compliance ramifications. DDTC recently published on its…more

Consent Agreements, Defense Sector, Directorate of Defense Trade Controls (DDTC), Export Controls, Exports

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Impact of the U.S. Supreme Court Wayfair Decision on the Outdoor Industry

BACKGROUND: In June 2018, the U.S. Supreme Court issued an important tax decision in the matter of South Dakota v. Wayfair. In Wayfair, the Court determined that a state can impose a sales tax collection and remittance…more

Internet Retailers, Interstate Commerce, Out-of-State Companies, Sales & Use Tax, SCOTUS

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Step-by-Step Process of Applying For and Taking a Deposition at the U.S. Embassy or U.S. Consulate in Japan

In 2020, Japan imposed strict COVID-19 measures which, among other things, has since prevented most Americans from entering Japan. Japan’s border closings created a dilemma for litigators who needed to depose a witness in situ…more

Depositions, International Deposition Reservations, International Depositions, Japan, Litigation Strategies

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Alter Ego: When Individuals May Be Liable for Corporate Debts

Nevada encourages business ventures and entrepreneurism by allowing individuals to form corporations as a shield against personal liability. Generally, individuals are considered separate from the corporations they control. So,…more

Corporate Liability, Debt, Limited Liability Company (LLC), Personal Liability, Piercing the Corporate Veil

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What Did the Nevada Legislature Change for Employers this Session?

In 2023, the Nevada Legislature passed employment-related bills on various subjects including employee leave entitlements, final wage payment, and employee misclassification. Some of these bills are discussed below…more

Employee Definition, Layoffs, Misclassification, Nevada, New Legislation

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What to Do when "Everything Sucks"

For years, domain names were restricted to twenty-two basic generic top-level domains (gTLDs), including the popular ".com," ".net," and ".org." In late 2013, the Internet Corporation for Assigned Names and Numbers (ICANN), the…more

Anti-cybersquatting Consumer Protection Act, Bad Faith, Cybersquatting, Domain Names, Enforcement Actions

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Are Your Company’s Return To Work Policies ADA Compliant? Let’s Review!

On Wednesday, October 4, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Public Service Company of New Mexico (PSCNM) and PNMR Services Co. agreed to pay $750,000 (among other terms) to settle a case…more

Americans with Disabilities Act (ADA), Compliance, Corporate Counsel, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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USCIS Announces New Guidance on the Validity Period for Form I-693 Medical Examination and Vaccination Record

The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant update regarding Form I-693, Report of Immigration Medical Examination and Vaccination Record. Effective immediately, any Form I-693 that…more

Centers for Disease Control and Prevention (CDC), Immigration Procedures, Medical Examinations, New Guidance, USCIS

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Ute Indian Tribe Asserts Ownership of All Federal Lands in the Uncompahgre Reservation

On March 8, 2018, the Ute Indian Tribe of the Uintah and Ouray Reservation (the "Tribe") filed a lawsuit in the United States District Court for the District of Columbia against the United States, the Department of the Interior…more

Action to Quiet Title, Department of the Interior, Indian Reorganization Act, Injunctions, Injunctive Relief

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Buckle Up for the SEC's Mandatory Climate Change Reporting Ride

On March 21, 2022, the US Securities and Exchange Commission (the "SEC") proposed rules governing the "Enhancement and Standardization of Climate-Related Disclosures for Investors."…more

Clean Air Act, Climate Change, Compliance, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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I’ve Been Trying to Get Down to the Heart of the Matter – the Board Action

If you ever want to see a benefits lawyer get nervous, start talking about corporate intent. Yes, the company intended to grant options at an earlier and lower exercise price, and yes it may have made promises to the…more

Equity Grants, Grants, Incentive Stock Options, Income Taxes, ISOs

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Pets Are Not Cars: The Perils of the Lease-to-Own Business Model for Pets

Is pet leasing a real business model? The short answer is that pet leasing fails as a business enterprise model. First, pets are not cars nor any other type of tangible collateral lacking any instinctive permanency to…more

Business Model, Leases, Pets

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DoD OUSD Memorandum Provides Guidance on Addressing Inflation Cost Impacts

In a fixed-price contract, increased costs caused by market inflation alone will not entitle the contractor to an equitable adjustment. Contracting Officers are advised to utilize contract provisions that include an Economic…more

Audits, Contractors, Department of Defense (DOD), Fixed Price Contracts, New Guidance

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Proposed ESA Revisions—Implications for Energy and Natural Resource Interests

On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the Endangered…more

Climate Change, Critical Habitat, Delisting, Endangered Species, Endangered Species Act (ESA)

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Supreme Court OK's TABOR Repeal Initiative

Law Week Colorado  Last year, a divided Colorado Supreme Court ruled that an initiative to repeal the Taxpayers’ Bill of Rights didn’t violate the state’s “single subject” rule and could move forward. But the impact of this…more

CO Supreme Court, Repeal, State Constitutions, Taxpayers' Bill of Rights

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What Healthcare Providers Need to Know About EKRA

In October 2018, the President signed the SUPPORT for Patients and Communities Act, a portion of which is known as the “Eliminating Kickbacks in Recovery Act of 2018” or “EKRA.” EKRA, aimed at the ongoing opioid crisis, is meant…more

Anti-Kickback Statute, Clinical Laboratories, Drug Treatment, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Health Care Providers

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SCOTUS Lifts EMTALA Exception to Idaho's Criminal Abortion Law

The United States Supreme Court ended the Emergency Treatment and Active Labor Act (“EMTALA”) exception to Idaho’s total abortion ban for now. The net effect is that Idaho’s criminal abortion ban now applies even in EMTALA cases…more

Abortion, EMTALA, SCOTUS, State Bans

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Chasing Their Tails: Are Service Animals Protected Under the American Disabilities Act?

Imagine you are the owner of a valuable service animal, a German Shepherd, and you need to board the dog while you attend a conference. What rights, if any, does the German Shepherd have for protection under the American…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Public Accommodation, Service Animals, Title III

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Step-by-Step Process of Applying For and Taking a Deposition at the U.S. Embassy or U.S. Consulate in Japan

In 2020, Japan imposed strict COVID-19 measures which, among other things, has since prevented most Americans from entering Japan. Japan’s border closings created a dilemma for litigators who needed to depose a witness in situ…more

Depositions, International Deposition Reservations, International Depositions, Japan, Litigation Strategies

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MT Supreme Court Greenlights First New Copper Mine in Decades

In a momentous decision last week, the Montana Supreme Court affirmed the Montana Department of Environmental Quality's (MDEQ) issuance of a mine operating permit to Tintina Montana for the Black Butte Copper Project, rejecting…more

Contractors, Department of Environmental Quality, MT Supreme Court, Renewable Energy

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NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

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7 Ways CA Assembly Bill 1535 Impacts Veterinary Medicine

Effective January 1, 2022, California Assembly Bill 1535 and related rulemaking have significantly revised the rules governing the practice of veterinary medicine in California. Key changes include: #1 - Elimination of the…more

Animal Shelters, California, Fees, Licensing Rules, Permits

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Tips for Effective Advocacy in Arbitration

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration…more

Arbitration, Arbitration Awards, Arbitrators, Attorney's Fees, Commercial Arbitration

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Highlights from the 2024 Wyoming Legislative Budget Session

Dramatic Finish to the Legislative Session Two weeks after the 67th Wyoming Legislature left Cheyenne, the legislative process concluded. The Governor used all of the available time before the March 23 deadline to make veto…more

Energy Projects, Federal Land, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Mining

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DoD OUSD Memorandum Provides Guidance on Addressing Inflation Cost Impacts

In a fixed-price contract, increased costs caused by market inflation alone will not entitle the contractor to an equitable adjustment. Contracting Officers are advised to utilize contract provisions that include an Economic…more

Audits, Contractors, Department of Defense (DOD), Fixed Price Contracts, New Guidance

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Does Your Business Properly Classify Independent Contractors? DOL Publishes Final Rule on Worker Classification

On January 9, 2024, the U.S. Department of Labor (“DOL”) published its final rule defining the term “independent contractor” and setting forth the new test for determining independent contractor / employee status (the “Rule”)…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

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New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and…more

Contamination, Proposed Regulation, Proposed Rules, Water, Water Quality Control Boards

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Service Advisors Exempt From Overtime, Says Supreme Court

In a 5-to-4 decision, the Supreme Court ruled that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). In an opinion written by Justice Thomas, and joined by Justices…more

Appeals, Automotive Industry, Car Dealerships, Department of Labor (DOL), Exempt-Employees

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CERCLA Liability Heats Up: EPA Designates PFAS Chemicals Hazardous Substances

The designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances will likely result in litigation over the U.S. Environmental Protection Agency’s (EPA) Comprehensive Environmental…more

CERCLA, Clean-Up Costs, Environmental Protection Agency (EPA), Hazardous Substances, Liability

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New Investment Adviser Marketing Rule Now in Effect

The transition period for recently adopted changes intended to modernize rules that govern investment adviser advertisements and compensation of solicitors has expired (effective November 4, 2022). The new rules revise and…more

Advertising, Compensation, Endorsements, Investment Adviser, Marketing

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Idaho Legislature Grants Limited Immunity to Businesses Responding to Coronavirus

The Idaho Legislature has passed House Bill No. 6, the Coronavirus Limited Immunity Act, during its Special Session. The Act limits civil lawsuit liability for the spread of the coronavirus. The bill passed the Senate on a 27-7…more

Coronavirus/COVID-19, Governor Little, Immunity

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A Change Would Do You Good, But Do The Section 125 Cafeteria Plan Rules Permit It?

Inevitably, an employee will wake up from their holiday food coma and realize that they made a mistake in open enrollment. “But I didn’t mean to elect family coverage! My spouse is covering the kids this year!” Employers are…more

Breach of Duty, Cafeteria Plans, Fiduciary Duty, IRS, Open Enrollment

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Montana Court Rules State Agencies Must Consider GHG/Climate Impacts in Fossil Fuel Approvals

On August 14, 2023, Judge Kathy Seeley issued a decision in the Held case that impacts state fossil fuel permit holders and current and future permit applications. Judge Seeley found unconstitutional a Montana statute that…more

Climate Change, Constitutional Challenges, Department of Environmental Quality, Fossil Fuel, Greenhouse Gas Emissions

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Proposed Reforms to Private Fund Adviser Regulation

On February 9, 2022, the US Securities and Exchange Commission (the “SEC”) proposed changes to the rules governing advisers to private funds. If adopted, the rules would constitute a sweeping change to the regulatory framework…more

Audits, Breach of Duty, Fiduciary Duty, Financial Statements, Internal Rate of Return (IRR)

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Alter Ego: When Individuals May Be Liable for Corporate Debts

Nevada encourages business ventures and entrepreneurism by allowing individuals to form corporations as a shield against personal liability. Generally, individuals are considered separate from the corporations they control. So,…more

Corporate Liability, Debt, Limited Liability Company (LLC), Personal Liability, Piercing the Corporate Veil

See all updates »

New SEC Rules Enhance Regulation of Private Fund Advisers

Recently, the Securities and Exchange Commission (the “SEC”) adopted much anticipated rules under the Investment Advisers Act of 1940 (the “Advisers Act”) aimed at (i) bolstering the regulation of private fund advisers and…more

Audits, Books & Records, Clawbacks, Compensation, Disclosure Requirements

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OFAC: Sanctions Compliance Provisions in Lease Agreements Alone May Be Insufficient

On November 7, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced in an Enforcement Information that Apollo Aviation Group, LLC (Apollo), a Florida-based commercial aviation investment…more

Aircraft, Aviation Industry, Compliance, Economic Sanctions, Enforcement Actions

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Can An Employee Be Required to Sign a Noncompete Agreement Before They Receive Their Final Paycheck?

Question: Can we require an employee to sign a noncompete agreement before they receive their final paycheck? Answer: In short: no, employers cannot withhold an employee’s final paycheck until they sign a non-compete. Doing…more

Colorado, Final Payments, Non-Compete Agreements, Penalties, Restrictive Covenants

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Third Circuit: Unpaid Royalties in Bankruptcy are Subject to Constructive Trust under Colorado Law

The United States Court of Appeals for the Third Circuit determined that, under Colorado law, unpaid royalties are real property interests and not property of the bankruptcy estate, reversing lower courts in Delaware that…more

Appeals, Bankruptcy Code, Bankruptcy Court, Colorado, Natural Gas

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New Final Tax Credit Transferability Regulations Issued; Changes Minimal

On April 25, 2024, the IRS and US Treasury Department issued the final regulations under Section 6418 of the Code, the provision that allows sales of certain tax credits, including credits for renewable energy production and…more

Anti-Abuse Rule, Investment Tax Credits, IRS, Regulatory Standards, Renewable Energy

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Chemical Safety Board to Require Reporting of Significant Accidental Releases

On February 5, 2020, the U.S. Chemical Safety & Hazard Investigation Board (“CSB”) announced a new rule that will require owners and operators of stationary sources to report certain unanticipated emissions of regulated or…more

Chemical Safety Board, Clean Air Act Violations, Environmental Violations, Hazardous Substances, Incident Response Plans

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The CTA Is Coming. Are You Ready? Do You Know Your Duties?

The Corporate Transparency Act becomes effective January 1, 2024 and it may affect you. In an effort to gain visibility into ownership and control of business entities operating in the United States, and the potential for…more

Beneficial Owner, Compliance, Corporate Transparency Act, FinCEN, Reporting Requirements

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Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging…more

Center for Biological Diversity, Declaratory Relief, Environmental Policies, Navigable Waters, Public Trust Doctrine

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Beyond the Scales: Addressing Weight Bias in the Workplace

When you think of protections against discrimination in the workplace, the first things that come to mind are traditional characteristics such as race, color, religion, sex, national origin, age, and disability. However, in the…more

Anti-Discrimination Policies, Bias, Employer Liability Issues, Employment Discrimination, Hiring & Firing

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AAFCO Updates to Model Regulations

2024 has ushered in the first major update in more than 40 years1 to the Association of American Feed Control Officials (AAFCO) Model Regulations for Pet Food and Specialty Pet Food. The new Model Regulations impose major…more

Compliance, Food Labeling, Food Manufacturers, Pets, Regulatory Standards

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The Disappearing Deduction for Colorado State Income Tax Purposes

On June 23, 2021, Governor Polis signed Colorado House Bill 21-1311 into law. The Bill makes significant changes to a number of Colorado state income tax laws. One change of note is an amendment to C.R.S. § 39-22-104. The…more

Colorado, Governor Polis, Income Taxes, Internal Revenue Code (IRC), IRS

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Wyoming Courts Raise the Stakes for Former Operators Allowing Surface Owners to Recover Double Damages

Five years ago, the Wyoming Supreme Court decided two cases, both involving Pennaco Energy, Inc. as lessee of mineral interests—including exploration, development, and extraction rights—on land in Northern Wyoming, that are…more

Land-Use Permits, Mineral Leases, Oil & Gas, WY Supreme Court

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New WOTUS Rule Significantly Narrows Federal Jurisdiction under Clean Water Act

On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the United…more

Clean Water Act, Environmental Protection Agency (EPA), Good Cause, NPDES, Rapanos v US

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The Supreme Court Adopts Narrow Definition of Autodialers Under the TCPA

On April 1, 2021, the U.S. Supreme Court adopted a narrow interpretation of a key clause of the federal Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts the use of devices known as “automatic telephone dialing…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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New Proposed Rules for Investment Adviser Outsourcing

On October 26, 2022, the US Securities and Exchange Commission (the "SEC") proposed a new rule (206(4)-11) and amendments under the Investment Advisers Act of 1940 that prohibit registered investment advisers from outsourcing…more

Due Diligence, Investment Adviser, Outsourcing, Proposed Rules, Registered Investment Advisors

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The Rise of Design Patents: Insights from the Apple v. Samsung Battle

The Apple v. Samsung patent battle over specific design features of Apple’s iPhone has changed the intellectual property (IP) landscape. Now, inventors beyond the technology sector are realizing the business value of design…more

Apple v Samsung, Article of Manufacture, Cell Phones, Design Patent, Patent Infringement

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New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and…more

Contamination, Proposed Regulation, Proposed Rules, Water, Water Quality Control Boards

See all updates »

Sovereign States Pitted Against Sovereign Tribes in Recent Federal District Court Decision

On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit…more

Corporate Counsel, Jurisdiction, Native American Issues, Pipelines, SCOTUS

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EPA Imposes Stringent Greenhouse Gas Rule for Fossil Fuel-Fired Power Plants

On April 25, 2024, the EPA announced, as part of a suite of four rules for fossil fuel-fired power plants, its final greenhouse gas (GHG) standards for power plants—imposing stringent new requirements on existing coal-fired…more

Carbon Capture and Sequestration, Coal-Fired Plants, Environmental Protection Agency (EPA), Fossil Fuel, Greenhouse Gas Emissions

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Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging…more

Center for Biological Diversity, Declaratory Relief, Environmental Policies, Navigable Waters, Public Trust Doctrine

See all updates »

Recent California Legislation Clears the Path for Veterinary Cannabis

Last month our client alert covered the increasing popularity of cannabis products for pets in the face of regulatory uncertainty. This month we highlight recent California legislation that protects veterinarians who recommend…more

California, Cannabis Products, Governor Newsom, Veterinary Products

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How to Address Damage to Company or Customer Property

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?…more

Collective Bargaining Agreements (CBA), Damages, Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Fluffy's Love Can't be Quantified: "Pet Parents" and Noneconomic Damages

Is a beloved family cat a pet or a fur baby? Is a man who dresses his labradoodle in hand-knit booties a dog owner, or a pet parent? Increasingly, the language applied to animal companions has shifted from a property-based…more

Emotional Distress Damages, Non-Economic Damages, Pets

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Pets Are Not Cars: The Perils of the Lease-to-Own Business Model for Pets

Is pet leasing a real business model? The short answer is that pet leasing fails as a business enterprise model. First, pets are not cars nor any other type of tangible collateral lacking any instinctive permanency to…more

Business Model, Leases, Pets

See all updates »

Montana Court Rules State Agencies Must Consider GHG/Climate Impacts in Fossil Fuel Approvals

On August 14, 2023, Judge Kathy Seeley issued a decision in the Held case that impacts state fossil fuel permit holders and current and future permit applications. Judge Seeley found unconstitutional a Montana statute that…more

Climate Change, Constitutional Challenges, Department of Environmental Quality, Fossil Fuel, Greenhouse Gas Emissions

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Apportionment Victory for Utah Taxpayers

On January 27, 2022, the Utah State Tax Commission held in Appeal No. 16-1358 that the state is constitutionally barred from apportioning and taxing the gain from the sale of a partnership where the seller and partnership were…more

Apportionment, SCOTUS, Tax Commissions

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Beyond the Clinic: California's Vet Telemedicine Bill

As California goes, so goes the nation. Time will tell if this popular saying rings true with respect to California’s recent enactment of Assembly Bill 1399 (AB 1399), which allows a veterinarian-client-patient relationship…more

California, Telemedicine, The Humane Society, Veterinarians

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DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the Fair…more

Audits, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Legal Corner: A Guide to Valuing Water Rights in Colorado

With population growth, increased environmental concerns, and a greater demand for water for residential, commercial and industrial projects, understanding water rights ownership and regulation is important for anyone evaluating…more

Colorado, Water Rights

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Remote Work and Mass Layoffs: A Closer Look at the WARN Act

With the remote work model becoming increasingly prevalent and technology continuing to reshape the way people work, certain employment laws struggle to keep up with the evolving realities of the modern workforce…more

Advance Notice, Department of Labor (DOL), Employee Rights, Layoffs, Notice Requirements

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Does Your Business Properly Classify Independent Contractors? DOL Publishes Final Rule on Worker Classification

On January 9, 2024, the U.S. Department of Labor (“DOL”) published its final rule defining the term “independent contractor” and setting forth the new test for determining independent contractor / employee status (the “Rule”)…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

On April 17, 2024, EPA formalized a new policy requiring greater coordination between its criminal and civil enforcement programs. This change, which comes amidst a substantial jump in civil and criminal enforcement actions, …more

Databases, Enforcement Actions, Environmental Policies, Environmental Protection Agency (EPA), Environmental Violations

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Eighth Circuit Affirms Producer's Royalty Calculations Under North Dakota Law

The United States Court of Appeals for the Eighth Circuit has affirmed a district court’s ruling that overriding royalty owners generally must bear their share of post-production costs under North Dakota law. The Eighth…more

Appeals, Oil & Gas, Royalties, Summary Judgment

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Third Circuit: Unpaid Royalties in Bankruptcy are Subject to Constructive Trust under Colorado Law

The United States Court of Appeals for the Third Circuit determined that, under Colorado law, unpaid royalties are real property interests and not property of the bankruptcy estate, reversing lower courts in Delaware that…more

Appeals, Bankruptcy Code, Bankruptcy Court, Colorado, Natural Gas

See all updates »

EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

On April 17, 2024, EPA formalized a new policy requiring greater coordination between its criminal and civil enforcement programs. This change, which comes amidst a substantial jump in civil and criminal enforcement actions, …more

Databases, Enforcement Actions, Environmental Policies, Environmental Protection Agency (EPA), Environmental Violations

See all updates »

Take the Power Back . . . Negotiating Provider Contracts for Benefit Plans

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CDPHE Issues New Changes Regarding PFAS

On February 29, 2024, the Colorado Department of Public Health and Safety (CDPHE) withdrew its prior amended version to the Industrial Stormwater General Permit for Non-Extractive Industries, COR900000 — even before its…more

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Eighth Circuit Affirms Producer's Royalty Calculations Under North Dakota Law

The United States Court of Appeals for the Eighth Circuit has affirmed a district court’s ruling that overriding royalty owners generally must bear their share of post-production costs under North Dakota law. The Eighth…more

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Intellectual Property Protection Post-Pandemic: ‘The Readiness Is All'

One thing has become clear as we emerge from the shutdown: companies, especially technology companies and startups, must be nimble and ready to adapt to rapidly changing conditions, regulations, customer expectations and…more

Best Practices, Coronavirus/COVID-19, Data Security, Intellectual Property Protection, Privacy Policy

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EPA Issues Temporary Policy for Violations Caused By COVID-19

On March 26, 2020 EPA issued a temporary policy for enforcement of environmental legal obligations during the COVID-19 pandemic. The policy provides the framework for the agency's use of its enforcement discretion where COVID-19…more

Coronavirus/COVID-19, Corporate Counsel, Environmental Policies, Environmental Protection Agency (EPA), Environmental Violations

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The Corporate Transparency Act Isn't Dead Yet

Congress has enacted legislation over the decades aimed at curbing money laundering and the financing of terrorism. Increased legislation has been necessary to ensure that the federal government is able to address evolving…more

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Should’ve Been a Cowboy, Court Inflicts Pain on Health Plan Sponsor After Participant Kicked by Bull

A recent decision by a federal district court in Ohio in a health plan benefits dispute highlights the importance for health plan fiduciaries to properly review benefit claim denials to ensure that the claims administrator’s…more

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On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

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Drafting Commercial Contracts: Eight Important Provisions During a Pandemic

Companies have been navigating how to adjust “standard” business contracts to mitigate the ongoing uncertainties and risks resulting from the COVID-19 pandemic for several months now. Parties should consider the following…more

Business Interruption, Commercial Contracts, Coronavirus/COVID-19, Exclusivity, Force Majeure Clause

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10th Circuit Affirms FINRA Arbitration Award—Adopts Face-of-the-Award Rule

On April 14, 2020, the 10th Circuit U.S. Court of Appeals adopted the “face-of-the-award” rule for dealing with arbitrator errors in damage calculations under Section 11(a) of the FAA, affirming the district court’s refusal to…more

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Innovate to Keep Track of Information During Voir Dire

The setting of an in-court oral voir dire can be seen as a “perfect storm” of information. Data about your panel and your potential future fact-finders is coming at you from all directions. You may have responses from a…more

Defense Strategies, Jury Selection, Jury Trial, Litigation Strategies, Questionnaires

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Idaho's New Parental Access Law v. HIPAA

As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to…more

Consent, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Buckle Up for the SEC's Mandatory Climate Change Reporting Ride

On March 21, 2022, the US Securities and Exchange Commission (the "SEC") proposed rules governing the "Enhancement and Standardization of Climate-Related Disclosures for Investors."…more

Clean Air Act, Climate Change, Compliance, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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GDPR "Lite" Comes to the United States: The California Consumer Privacy Act of 2018

Last month the GDPR launch in the EU was punctuated by lawsuits seeking $8.8 billion from Google and Facebook. It turns out that the GDPR foreshadowed significant changes to the US data privacy landscape that came much sooner…more

Consumer Protection Laws, Data Collection, General Data Protection Regulation (GDPR), Governor Brown, Notice Requirements

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NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

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Top 10 Things to Know: Proposed Regs for Renewable Energy Direct Pay & Direct Transfer

On Wednesday, June 14, 2023, the Internal Revenue Service (IRS) and U.S. Department of Treasury (Treasury) issued proposed Treasury Regulations on the elective payment of certain tax credits (also known as direct pay) under…more

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Withdrawal of Antitrust "Safety Zones"

The US Department of Justice recently announced its withdrawal of three decades-old policy statements recognizing antitrust “safety zones” relating to information sharing and collaboration among competitors. The statements…more

ACOs, Antitrust Provisions, Collaboration, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Apportionment Victory for Utah Taxpayers

On January 27, 2022, the Utah State Tax Commission held in Appeal No. 16-1358 that the state is constitutionally barred from apportioning and taxing the gain from the sale of a partnership where the seller and partnership were…more

Apportionment, SCOTUS, Tax Commissions

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Failed Silicon Valley Bank Acquired by First Citizens Bank

Today, First Citizens Bank & Trust Company (First Citizens Bank) is taking over the business of the tech-focused Silicon Valley Bank (SVB) which was closed by regulators approximately two weeks ago on March 10. The transaction…more

Banking Sector, FDIC, Liquidity, Nasdaq

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You Live, You Learn… Correcting “Qualification Failures” under the Self-Correction Program

The Employee Plans Compliance Resolution System (“EPCRS”), as set forth in Revenue Procedure 2021-30, allows plan sponsors to correct “Qualification Failures,” which are defined as any plan document, operational, demographic or…more

401k, Benefit Plan Sponsors, Employee Benefits, Employees, Employer Liability Issues

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Taxpayer-Favorable Final Opportunity Zone Regulations Issued

On December 20, 2019, the Treasury Department and Internal Revenue Service issued final regulations on “opportunity zones” and these regulations are scheduled to be published by the Federal Register on January 13, 2020. This tax…more

Capital Gains, Final Rules, IRS, Opportunity Zones, Qualified Opportunity Funds

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EPA Imposes Stringent Greenhouse Gas Rule for Fossil Fuel-Fired Power Plants

On April 25, 2024, the EPA announced, as part of a suite of four rules for fossil fuel-fired power plants, its final greenhouse gas (GHG) standards for power plants—imposing stringent new requirements on existing coal-fired…more

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BLM Finalized New Waste Prevention Rule – What Does it Mean for Industry?

The Bureau of Land Management (BLM) finally released its new Waste Prevention Rule (“Rule”), which was originally proposed back in November 2022. The new Rule, which will be published in the Federal Register soon, is aimed at…more

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New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and…more

Contamination, Proposed Regulation, Proposed Rules, Water, Water Quality Control Boards

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State Level PFAS Regulations Are Coming: Are You Ready?

As the US Environmental Protection Agency (EPA) expands its regulation of per-and polyfluoroalkyl substances (PFAS), a number of states have also taken steps to regulate the use, production, and sale of products containing PFAS…more

Environmental Protection Agency (EPA), PFAS, Proposed Legislation, Regulatory Agenda, Toxic Chemicals

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Renewable Energy Ready to Deliver Despite Continued Uncertainty

Notwithstanding the ongoing impacts of COVID-19, in 2021 the deployment of solar, solar + storage, stand-alone storage, wind, and other renewable energy technologies continued to rapidly expand across the U.S. (and the rest of…more

Climate Change, Coronavirus/COVID-19, Electric Vehicles, Energy Storage, Force Majeure Clause

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What Can Employers Do When Employee Threats Are Related To a Disability?

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a…more

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Trust Disclosure Requirements and Quiet Trusts

The Uniform Trust Code and the Restatement (Third) of Trusts both follow the presumption that trust beneficiaries should be generally kept aware of the existence of the trust, their status as beneficiaries, and their right to…more

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Should Employers Pay Employees for Time Spent Waiting for Computers To ‘Boot Up' Before Employees Even Clock In?

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Looking Beyond the Supreme Court's Eminent Domain Decision in PennEast

On June 29, the United States Supreme Court issued its decision in PennEast Pipeline Co., LLC v. New Jersey. PennEast presented the question of whether a private company could condemn a pipeline right-of-way across state-owned…more

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FTC Bans Noncompetes

The Federal Trade Commission (FTC) has issued a new rule broadly banning noncompete agreements, marking a sea change in their regulation, which previously has been primarily governed by state law. Once effective, existing…more

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EPA Imposes Stringent Greenhouse Gas Rule for Fossil Fuel-Fired Power Plants

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New SEC Rules Enhance Regulation of Private Fund Advisers

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Residence or Incorporation – A Look at Where Guidelines Matter When Drafting Severance Agreements

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Practical Guide to Navigating Utah's Water Rights Adjudication Process

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Rejecting Power-Purchase Agreements in Energy Cases: Do Bankruptcy Courts Have Exclusive Jurisdiction?

In a much-awaited and pivotal decision in the PG&E chapter 11 proceeding, the U.S. Bankruptcy Court for the Northern District of California held that it not only has exclusive jurisdiction over the rejection of wholesale…more

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Navigating the National Interest Waiver (NIW) for Green Card Pursuit: A Comprehensive Guide

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Service Animals 101: Keep Your Business Out of the Legal Doghouse

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Americans with Disabilities Act (ADA), Disability Discrimination, Emotional Support Animals, Fair Housing Act (FHA), Public Accommodation

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Apportionment Victory for Utah Taxpayers

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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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