Jackson Walker

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901 Main Street
Suite 6000
Dallas, Texas 75202, United States
Phone: 214.953.6000
Fax: 214.953.5822
Areas of Practice
  • Agriculture
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Torts
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Number of Attorneys
100+ Attorneys

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action…more

Administrative Appeals, Administrative Procedure Act, Clean Water Act, EPA, Final Judgment

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A King, a Knight, and a Wizard Walk Into the Bar: A Tale of False Advertising Under the Lanham Act

“During Super Bowl LIII, defendant Anheuser-Busch Companies, LLC, launched an advertising campaign highlighting plaintiff MillerCoors, LLC’s use of corn syrup in brewing Miller Lite and Coors Light. . . .” MillerCoors, LLC v…more

Anheuser-Busch, Beer, Beverage Manufacturers, Breweries, Comparative Advertising

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For Frankie Carbone, Crime Doesn’t Pay

“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray…more

Anti-SLAPP, Appeals, Dismissals, Entertainment Industry, Free Speech

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Texas Ninth Court of Appeals Issues Contrasting Opinions Addressing Pipeline Condemnation Authority

Recently, the Texas Court of Appeals for the Ninth District at Beaumont issued two contrasting opinions which provide guidance for the application of the Texas Supreme Court's 2012 decision in Texas Rice Land Partners, Ltd. v…more

Common Carriers, Keystone XL Pipeline, Liquid Natural Gas, Petroleum, Pipelines

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Fake News Redux

As I pointed out in my last (December 2017) VIA column, “Pop Fouls, Russians, Millennium Magazine, The New York Daily Inquirer and Fake News,” fake news has been with us for a long time and while not foreign to the Russians, it…more

Criminal Conspiracy, Fake News, First Amendment, Fraud, Free Speech

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EPA Proposes to Revise Significant Aspects of Methane Rule

Two years ago, the EPA adopted the New Source Performance Standards (NSPS) Subpart OOOOa (commonly known as the Methane Rule), which allowed the EPA – for the first time – to regulate directly the emissions of methane gas from…more

Appeals, EPA, Greenhouse Gas Emissions, Methane, Moratorium

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Looks Like Frack is Back, Governor Abbott Signs House Bill 40

Yesterday, Governor Gregg Abbott signed into law House Bill 40, also known as the Denton Fracking Bill, which leaves municipalities with minimal power to regulate the oil and gas industry. The bill takes effect immediately and…more

Fracking, Fracking Bans, Local Ordinance, Municipalities, New Legislation

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MACRA will change the way you practice

A recent rule proposed by the Centers for Medicare and Medicaid Services (CMS) will bring far-reaching changes to payment models for physicians and other clinicians (including nurse practitioners, physician assistants, certified…more

ACOs, Alternative Payment Models (APM), CMS, Health Care Providers, Medicare

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SCOTUS Simplifies Market Entry Process for Biosimilar Products

Yesterday’s unanimous ruling by the U.S. Supreme Court in Sandoz v. Amgen injects much needed certainty into a difficult statute and streamlines the process for biosimilar products to enter the marketplace following FDA approval…more

Biologics, Biosimilars, BPCIA, Commercial Marketing, Declaratory Judgments

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Standing: How Much Is A Ticket To The Dance?

The purpose of this article is to explain the concept of “standing” in probate and guardianship actions, to discuss how the topic should be raised, and to provide some specificexamples of situations where the standing of a…more

Estate Planning, Standing

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National Labor Relations Board Establishes New Strategic Plan

On December 7, 2018, the National Labor Relations Board (NLRB or Agency) presented its new Strategic Plan for fiscal years 2019 through 2022. The Strategic Plan identifies four main goals said to support the NLRB’s mission and…more

NLRA, NLRB, Strategic Enforcement Plan

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Supreme Court Holds That American Pipe Tolling Does Not Apply to Successive Class Actions

Justice Ginsburg delivered the opinion of the Court in China Agritech, Inc. v. Resh, No. 17-342, in which Chief Justice Roberts and Justices Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch joined. Justice Sotomayor filed an…more

American Pipe & Construction Co. v. Utah, Appeals, China Agritech Inc v Resh, Class Action, Class Certification

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eDiscovery: Tips and Traps (Presentation)

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily…more

Data Retention, Discovery, Document Productions, Electronically Stored Information, Litigation Hold

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Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification precedent…more

Article III, Causation, Certiorari, Class Action, Class Certification

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Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County…more

Actual Malice, Appeals, Burden of Proof, Corruption, Free Speech

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Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most Important Places For the Exchange of Views - Jackson Walker

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media, modern…more

Appeals, Constitutional Challenges, Criminal Convictions, First Amendment, Free Speech

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The Department of Labor’s New Fiduciary Rule: Frequently Asked Questions for Private Fund Advisers

Core elements of the U.S. Department of Labor’s controversial new fiduciary investment advice rule (the “Fiduciary Rule”) became effective on June 9, 2017, despite President Trump’s February 3, 2017 memorandum ordering further…more

Best Interest Contract Exemptions, Broker-Dealer, DOL, ERISA, Fiduciary Rule

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Sabine Court Gives 'Non-Binding' Ruling That Gathering Agreements Are Not Covenants Running with the Land Under Texas Law

After extensive briefing and hearing oral arguments related to Sabine's motion to reject two gathering agreements with Nordheim Eagle Ford Gathering as well as two gathering and handling agreements with HPIP Gonzales Holdings,…more

Bankruptcy Court, Commercial Bankruptcy, Covenants that Run With the Land, Creditors, Debtors

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KISSing SAFEly or SAFEly KISSing: The New Financing Instruments for Startups

As the startup community continues to expand around the country, there is an ever-growing need to understand different ways that a company can structure early stage financing so that it can be equipped to discuss with its first…more

Angel Investors, Convertible Notes, Crowdfunding, Financing, Future Equity

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Important Patent Law Changes

The most significant changes in U.S. patent law since 1790 apply to patent applications filed after March 15, 2013. If you have any new inventions or improvements on old inventions that you are considering patenting, or…more

America Invents Act, First-to-File, First-to-Invent, Grace Period, Patent Reform

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New Guidance on Territorial Scope of the GDPR

The European Data Protection Board (EDPB), the successor to the Article 29 working party, recently provided long-awaited guidance on the territorial scope set forth in Article 3 of the General Data Protection Regulation (GDPR)…more

Behavioral Advertising, Data Controller, Data Processors, EDPB, Electronic Monitoring

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Fifth Circuit Rules: Air Carrier Access Act Does Not Provide Private Right of Action

On April 5, 2018, the United States Court of Appeals for the Fifth Circuit decided Stokes v. Southwest Airlines, 887 F.3d 199 (5th Cir. 2018), which expressly overruled precedent set nearly thirty years ago in Shinault v…more

Air Carrier Access Act (ACAA), Air Carriers, Disability Discrimination, Precedential Opinion, Private Right of Action

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New Tool to Contain Employer Healthcare Costs

Healthcare coverage became an employer-offered benefit during World War II as the result of the federal government’s wage and price controls. Since that time, Medicare has become an important part of how healthcare is provided…more

Affordable Care Act, Benefit Plan Sponsors, Department of Health and Human Services (HHS), Disability, DOL

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The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or "floating"…more

Gas Royalties, Intent of the Parties, Inter Vivos Gifts, Mineral Leases, Oil & Gas

See all updates »

Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and…more

Building Codes, Building Permits, City Planning Departments, Construction Project, Declaratory Relief

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Treasury Releases Additional Qualified Opportunity Zone Guidance

On April 17, the Treasury Department released a second round of guidance, bringing additional clarity to the Qualified Opportunity Fund (or QOF) regime enacted by 2017’s Tax Cuts and Jobs Act. Some important questions remain…more

Capital Gains, Investment Funds, IRS, Opportunity Zones, Proposed Regulation

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Opioids, Healthcare Enforcement, and Increased Scrutiny of Corporate Conduct for Criminal Prosecution

The national opioid epidemic is almost unprecedented in every conceivable way—its catastrophic death toll, its broad effect on a wide swath of this country’s population, its rapid escalation (which is alleged to have been…more

Anti-Kickback Statute, CEOs, Chief Compliance Officers, Controlled Substances, Corporate Executives

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Absolute Intervening Rights: A Silver Lining to Thwarted Post-Grant Challenges

When faced with allegations of patent infringement, many defendants elect to challenge the validity of certain issued patents using the various post-grant proceedings available with the United States Patent & Trademark Office…more

Absolute Intervening Rights Doctrine, Defense Strategies, Ex Partes Reexamination, Inter Partes Review (IPR) Proceeding, Method Claims

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Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries. Below is a breakdown…more

Annexation, Conditional Use Permit, Construction Industry, Construction Project, Historical Landmarks

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EPA Proposes Rule to Exempt Farm Animal Waste Reporting

In a new effort to clarify the breadth of exemptions for farm animal waste emission reporting, EPA has proposed a rule that exempts such emissions from the reporting requirements under the Emergency Planning and Community…more

Agricultural Sector, CERCLA, EPA, EPCRA, Exemptions

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HHS Proposes New Safe Harbor Rules, Revises Others

Last week the Department of Health & Human Services ("HHS") issued a proposed rule amending the safe harbor regulations promulgated under the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). The proposed rule would make…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Healthcare, Safe Harbors

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U.S. Department of Labor Extends Comment Period on Notice of Proposed Rulemaking Entitled “Joint Employer Status Under the Fair Labor Standards Act”

On May 14, 2019, the U.S. Department of Labor (DOL) extended the time period for submitting written comments on the Notice of Proposed Rulemaking (NPRM) entitled “Joint Employer Status Under the Fair Labor Standards Act.” In…more

Comment Period, DOL, FLSA, Joint Employers, Notice of Proposed Rulemaking (NOPR)

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The First Amendment and Social Media Commentary

Social media platforms like Facebook and Twitter typically allow users to delete unwanted commentary or block others with whom they disagree from posting on the user’s page or post. The subject matter of the offending material…more

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

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Delaware Supreme Court Holds Directors’ Fiduciary Duties Require Monitoring Mission-Critical Risks

In 2015, Blue Bell Creameries USA, Inc., a Delaware subchapter S corporation headquartered in Brenham, Texas (Blue Bell), through subsidiaries made and distributed ice cream tainted with listeria bacteria. As a consequence,…more

Bad Faith, Blue Bell Creameries, Board of Directors, Breach of Duty, Caremark claim

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Supreme Court Holds Title VII's Charge-Filing Requirement Is a Mandatory Claim-Processing Rule Subject to Forfeiture

Title VII of the Civil Rights Act of 1964 provides a claim for discrimination in employment on the basis of race, color, national origin, sex, religion, and retaliation, but it requires that a plaintiff file a charge of…more

Affirmative Defenses, Amended Complaints, Appeals, Charge-Filing Preconditions, Civil Rights Act

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Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This…more

Building Codes, Building Permits, Construction Project, Extraterritoriality Rules, Jurisdiction

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EPA Proposes to Revise Significant Aspects of Methane Rule

Two years ago, the EPA adopted the New Source Performance Standards (NSPS) Subpart OOOOa (commonly known as the Methane Rule), which allowed the EPA – for the first time – to regulate directly the emissions of methane gas from…more

Appeals, EPA, Greenhouse Gas Emissions, Methane, Moratorium

See all updates »

eDiscovery: Tips and Traps (Presentation)

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily…more

Data Retention, Discovery, Document Productions, Electronically Stored Information, Litigation Hold

See all updates »

Aviation Flyer - Spring 2013

In This Issue: - The United States Supreme Court’s Competing Guidance Regarding Personal Jurisdiction Over Foreign Manufacturers - Recent French Appeals Court Decision in Concorde Crash Step Forward Towards…more

Airplane Accidents, Federal Aviation Administration (FAA), Foreign Corporations, Personal Jurisdiction, SCOTUS

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Continuing Challenges in Enforcing Covenants Not to Compete Under Texas Law

Challenges remain in enforcing covenants not to compete under Texas law, despite a trend since 2006 from Texas Supreme Court decisions that have approved covenants…more

Anti-SLAPP, Attorney's Fees, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Lamar Opinion Reminds Creditors to Get in Writing Any Representations About Debtors’ Financial Conditions

On June 4, 2018, the Supreme Court of the United States issued its opinion authored by Justice Sotomayor in Lamar, Archer & Cofrin, LLP v. Appling impacting the discharge of debts under Bankruptcy Code § 523(a)(2)(A)…more

Adversary Proceedings, Appeals, Bankruptcy Code, Business Assets, Chapter 7

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Proposed Update to Exempt Employee Compensation Thresholds

The long-awaited revision to the Fair Labor Standards Act (FLSA) regulations relating to salary and compensation thresholds were announced March 7, 2019, in the Department of Labor’s Notice of Proposed Rulemaking (NPRM). The…more

Bonuses, Comment Period, DOL, Exempt-Employees, FLSA

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Opioids, Healthcare Enforcement, and Increased Scrutiny of Corporate Conduct for Criminal Prosecution

The national opioid epidemic is almost unprecedented in every conceivable way—its catastrophic death toll, its broad effect on a wide swath of this country’s population, its rapid escalation (which is alleged to have been…more

Anti-Kickback Statute, CEOs, Chief Compliance Officers, Controlled Substances, Corporate Executives

See all updates »

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County…more

Actual Malice, Appeals, Burden of Proof, Corruption, Free Speech

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Texas Legislature Imposes Statutory Subordination of Real Estate Mortgages to Oil and Gas Leases

The explosive growth of oil and gas leasing and drilling in the Barnett Shale play turned an issue that had always been a nuisance for the oil and gas industry into a significant problem. When an oil and gas producer takes a…more

Mineral Leases, Mortgages, Oil & Gas, Subordination Agreement

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The Newsworthy Newsperson

In the last few weeks, reporters have found themselves on the business end of the news cycle in unusual ways. CNN’s Jim Acosta famously lost his White House credentials after they were suspended following a press briefing, and…more

Fake News, Free Speech, Freedom of the Press, Journalism, Journalists

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Tools and Tripwires Involved in Supporting Charitable Work Abroad

Following the tragic destruction fire at the Notre Dame Cathedral in Paris, many in the United States are looking for a way to assist the rebuilding and restoring of this iconic Cathedral and historic location. Even in the very…more

Charitable Donations, Charitable Organizations, Income Taxes, IRA, Qualified Charitable Distributions

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Is the Threat of Violence and Discord Killing Free Speech?

Two years ago, I wrote that concerns over campus protests on issues of free speech were not a “manufactured crisis” but rather an increasing threat to free speech and the physical safety of students and speakers alike. The March…more

First Amendment, Free Speech, Protests, Public Policy, Public Safety

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Supreme Court Ruling Curtails Forum-Shopping

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision, overturned…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Due Process, Forum Shopping, Fourteenth Amendment

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Implications of Texas' Open Carry Law for Property Owners

Texas House Bill 910, also known as the "Open Carry" bill, was signed in to law by Governor Greg Abbott on June 13, 2015. Most of the provisions of the "Open Carry" law become effective on January 1, 2016. The new "Open Carry"…more

Commercial Property Owners, Gun Laws

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Does FEMA Unconstitutionally Deny Relief to Churches? President Trump Thinks So And He May Be Right

Hurricane Harvey’s devastation has impacted thousands of people and businesses throughout Texas. Private nonprofits and religious organizations have been playing key roles in providing emergency relief to those who have been…more

501(c)(3), Churches, Constitutional Challenges, FEMA, First Amendment

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Temporary Injunction Blocks Enforcement of the Department of Labor’s New Overtime Rules

On November 22, 2016, District Judge Amos Mazzant, III issued a temporary injunction blocking enforcement of the Department of Labor’s new overtime rules that were set to go into effect December 1, 2016. That rule proposed to…more

Barack Obama, DOL, FLSA, Lack of Authority, Minimum Salary

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Texas Legislature Imposes Statutory Subordination of Real Estate Mortgages to Oil and Gas Leases

The explosive growth of oil and gas leasing and drilling in the Barnett Shale play turned an issue that had always been a nuisance for the oil and gas industry into a significant problem. When an oil and gas producer takes a…more

Mineral Leases, Mortgages, Oil & Gas, Subordination Agreement

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IRS: Investment Fund Managers are Subject to Self-Employment Tax

The Office of Chief Counsel of the Internal Revenue Service (the "IRS") recently issued internal guidance in the form of a Chief Counsel Advice (the "CCA") indicating that the IRS has taken the position that the "limited…more

General Partnerships, Investment Adviser, Investment Management, IRS, Limited Liability Company (LLC)

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The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or "floating"…more

Gas Royalties, Intent of the Parties, Inter Vivos Gifts, Mineral Leases, Oil & Gas

See all updates »

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP more…more

Appeals, Breach of Contract, Breach of Duty, Burden of Proof, Common Law Claims

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The 10 Attorney Types at IP Conferences

Having worked the intellectual property conference circuit for more than 12 years, I am frequently reminded of the apt Bon Jovi lyrics: “It’s all the same. Only the names are changed.” Indeed, over the years I have been…more

Intellectual Property Protection, Professional Conferences, Professional Networking

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Enterprise Data Security For The Securities Lawyer

Assuring cybersecurity has become a necessity for businesses across all industries. Cybercrime — with over $1 trillion in annual profits — is now the most lucrative illegal global business. Any business with computers and…more

Cyber Crimes, Cybersecurity, Data Protection, Fiduciary Duty, Gramm-Leach-Blilely Act

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The Labor and Employment Horizon—2019

If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that…more

Administrative Proceedings, Arbitration Agreements, Civil Rights Act, Class Arbitration, DOL

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Fifth Circuit Rules: Air Carrier Access Act Does Not Provide Private Right of Action

On April 5, 2018, the United States Court of Appeals for the Fifth Circuit decided Stokes v. Southwest Airlines, 887 F.3d 199 (5th Cir. 2018), which expressly overruled precedent set nearly thirty years ago in Shinault v…more

Air Carrier Access Act (ACAA), Air Carriers, Disability Discrimination, Precedential Opinion, Private Right of Action

See all updates »

The Importance of Documenting Flood Damage

As the effects of Hurricane Harvey begin to dissipate, a number of you have asked another important, practical question: Can I and should I start making temporary repairs and/or removing damaged items from my home?…more

Hurricane Harvey, Inspections, Insurance Claims, Loss Mitigation, Property Damage

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New Law Continues to Require Out-of-Network Facility-Based Physicians to Notify Patients of Mediation Rights

Early last week, Gov. Greg Abbott signed SB 481 into law. The new law, which will become effective on September 1st, gives Texas consumers the option to mediate medical bills that they receive from out-of-network facility-based…more

Billing, Healthcare, Mediation, New Legislation, Out of Network Provider

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Time to Transfer Early Stage Investments?

New rules may stop “cheap” transfers of business interests to kids and grandkids. Proposed IRS regulations that may be effective as early as the end of 2016 are designed to severely limit use of discounts on gifts or sales of…more

Business Valuations, Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer

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Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and…more

Building Codes, Building Permits, City Planning Departments, Construction Project, Declaratory Relief

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Halloween Tax Alert: Beware of the IRS "Wealth Squad"

What’s scarier than zombies, clowns, or vampires? The dreaded Global High-Wealth Industry Group, a/k/a the IRS’s “Wealth Squad.” The Wealth Squad is comprised of highly-specialized examiners and other professionals whose sole…more

High Net-Worth, Income Taxes, IRS, Wealth Management, Wealth Squad Examiners

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Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

In an ongoing effort to update our financial institution clients about developments in Texas jurisprudence that may impact them, we bring to your attention a recent decision of particular importance to mortgage and home equity…more

Dismissals, JPMorgan Chase, Loans, Mortgages, Putative Class Actions

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FTC Announces Hart-Scott-Rodino Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) announced the adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act)…more

Antitrust Provisions, FTC, Hart-Scott-Rodino Act, Premerger Notifications, Size of Transaction Test

See all updates »

Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and…more

Building Codes, Building Permits, City Planning Departments, Construction Project, Declaratory Relief

See all updates »

Using Letters Of Credit For Tenant Credit Enhancement

I. Introduction. Cash security deposits (typically in the amount of one or two month’s rent) have been the traditional form of tenant credit enhancement required by commercial landlords. However, in instances where…more

Automatic Stay, FDIC, Landlords, Letter of Credit, Security Deposits

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Beware: Breaking NCAA Rules Could Result In A Visit From the FBI (and Worse)

College sports in the United States is a cash cow, with billion-dollar television deals, hundred-million dollar apparel deals, and some coaches earning in excess of seven-million dollars annually. This revenue generation has…more

Bribery, Coaches, Colleges, Criminal Investigations, FBI

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Texas Taking the Lead in State Cryptocurrency Enforcement

While the SEC has worked over the last several months to provide meaningful guidance around the offer and sale of digital tokens, state securities regulators have now begun to take action, with Texas leading the way. In the last…more

Bitcoin, Broker-Dealer, Cryptocurrency, Digital Currency, Enforcement Actions

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Seventh Circuit Upholds Method to Fund Transmission Expansions to Carry Renewable Energy

A recent Seventh Circuit opinion, Illinois Commerce Commission v. FERC, represents a significant victory for the future of renewable energy. The decision, authored by Judge Richard Posner, upholds the method Midcontinent…more

FERC, MISO, Renewable Energy, Wind Power

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Municipal Elections Rules: Easy to Understand, Often Overlooked

Dallas voters will go to the polls on May 4, 2019, to elect a new Mayor and City Council. A total of nine candidates are seeking to replace Mike Rawlings, who is term-limited. All 14 of the City Council positions will also be…more

Campaign Finance Reform, City Councils, Local Elections, Municipalities, Pay-To-Play

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Hedging Oil & Gas Production

The recent, dramatic decline in the price of oil illustrates the risk that every oil and gas producer has to declining energy commodity prices. This paper discusses various methods for “hedging” or reducing price risk. In…more

Commodities, Commodity Futures Contracts, Dodd-Frank, Exchange-Traded Products, ISDA Master Agreement

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The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or "floating"…more

Gas Royalties, Intent of the Parties, Inter Vivos Gifts, Mineral Leases, Oil & Gas

See all updates »

Deference (And Related Issues)

It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised…more

Legal Writing, Legislative Process

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The First Amendment and the Struggle for Black Equality

In 1976, President Gerald Ford officially recognized February as Black History Month. Many around the nation celebrate this annual occasion by highlighting the achievements of the civil rights movement. But there was a time in…more

Civil Rights Act, First Amendment, Fourteenth Amendment, Free Speech, Legal History

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FTC Announces Hart-Scott-Rodino Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) announced the adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act)…more

Antitrust Provisions, FTC, Hart-Scott-Rodino Act, Premerger Notifications, Size of Transaction Test

See all updates »

Planning on Hiring Summer Interns? Make Sure Your Pay Practices Don’t Trip You Up

The end of the school year is on the horizon for high school and college students. Along with catching up on sleep and enjoying a break from classes, many students will want to spend at least part of the summer working for…more

Employee Benefits, Employer Liability Issues, FLSA, Hiring & Firing, Independent Contractors

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Rebuilding: Construction Considerations in the Wake of Disaster

Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding. Although…more

Construction Project, General Contractors, Hurricane Harvey, Natural Disasters, Payment Terms

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Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and…more

Building Codes, Building Permits, City Planning Departments, Construction Project, Declaratory Relief

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EPA Proposes New Source Performance Standards for New Coal-Fired Power Plants

In 2015, the U.S. Environmental Protection Agency announced the controversial “Clean Power Plan,” which was immediately the subject of a legal challenge and was subsequently stayed by the United States Supreme Court. Following…more

Clean Air Act, Clean Power Plan, Coal-Fired Plants, EPA, Greenhouse Gas Emissions

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Public Benefit Corporations Have Arrived in Texas

Public benefit corporations, which are recognized in over 30 states, have now been adopted in Texas. The Texas public benefit corporation laws became effective on September 1, 2017. Now, businesses can incorporate in the State…more

Board of Directors, Corporate Purpose, Fiduciary Duty, Individual Accountability, Investors

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Intellectual Property Basics

This handout provides an entry level discussion of intellectual property and sets out IP action steps. TABLE OF CONTENTS - Introduction - Trademarks - Copyrights - Patents - Trade Secrets - Keep Attorneys From Owning…more

Copyright, Descriptive Trademarks, Intellectual Property Protection, IP Assignment Agreements, Likelihood of Confusion

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Insurers May Not Terminate Physicians for Recommending Out-of-Network Providers

Under a new Texas law, effective September 1, 2015, health maintenance organizations (HMOs) and Preferred Provider Benefit Plans (PPO) (collectively referred to as "Insurers") can no longer terminate a physician from their…more

Contract Termination, Health Insurance, HMOs, Out of Network Provider, Patient Referrals

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Texas Comptroller Glenn Hegar’s Hurricane Harvey Relief Initiatives

1. Hotel Occupancy Tax Declared Exempt For Evacuees and Relief Workers - The Governor of Texas, by way of proclamation, has exempted evacuees and relief workers from state and local hotel taxes.  Currently the Governor’s…more

Comptroller, Evacuees, Exemptions, Hotels, Hurricane Harvey

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Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification precedent…more

Article III, Causation, Certiorari, Class Action, Class Certification

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OIG Again Cautions Providers (And Physicians) About Non-Compliant Physician Compensation Arrangements

On June 9, 2015, the Office of Inspector General ("OIG") of the Department of Health & Human Services issued a Fraud Alert reprising a familiar theme: ensuring that physician compensation arrangements comply with the…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Fraud Alerts, Health Care Providers, OIG

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Embracing the Opportunities We Are Given

A veteran of both World War II and the Korean War with an innate sense of family and an exceptionally strong work ethic my maternal grandfather, Manuel, was someone that people naturally looked up to. And I was certainly no…more

Diversity, Law Firm Associates, Law Firm Partners

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Trying to Thread a Very Fine—and Possibly Non-Existent—Needle: EPA Proposes to Withdraw a Necessary Underpinning of the Mercury and Air Toxics Standards While Keeping the Rule in Place

In December 2011, the EPA announced the Mercury and Air Toxics Standards under Section 112 of the Clean Air Act (CAA), commonly referred to as the MATS rule. The MATS rule governs the emission of mercury from electric power…more

Air Pollution, Clean Air Act, EPA, MATS, Mercury

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“Procedural and Evidentiary Issues in Condemnation Cases: What Gets in and What Doesn’t?”

Traditional eminent domain trial work is unique. Liability, in the true sense of the word, is not at issue, and very often there is only one simple question for the jury to answer – what amount of money will adequately and…more

Condemnation, Eminent Domain, Evidence, Rules of Civil Procedure

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Municipal Elections Rules: Easy to Understand, Often Overlooked

Dallas voters will go to the polls on May 4, 2019, to elect a new Mayor and City Council. A total of nine candidates are seeking to replace Mike Rawlings, who is term-limited. All 14 of the City Council positions will also be…more

Campaign Finance Reform, City Councils, Local Elections, Municipalities, Pay-To-Play

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Two New Supreme Court Decisions Alter the Landscape for Litigating Copyright Infringement Cases

Copyright litigants should take note of the pair of unanimous decisions handed down by the Supreme Court on Monday: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 LEXIS 1730 (Mar. 4, 2019), and…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Office, Copyright Registration

See all updates »

Beware: Breaking NCAA Rules Could Result In A Visit From the FBI (and Worse)

College sports in the United States is a cash cow, with billion-dollar television deals, hundred-million dollar apparel deals, and some coaches earning in excess of seven-million dollars annually. This revenue generation has…more

Bribery, Coaches, Colleges, Criminal Investigations, FBI

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A New Shield for the 'Enemy?'

It’s no secret that President Trump’s relationship with the press during his administration has been rocky, at best. In a July 3rd tweet, the president alleged that the “Washington Post is constantly quoting ‘anonymous sources’…more

Confidential Information, DOJ, Fake News, Free Speech, Freedom of the Press

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Conflict Minerals: Dodd-Frank, the SEC's Rule...and Beyond

Designed to reduce funding sources for those perpetrating human rights abuses and engaging in armed conflict in the Democratic Republic of the Congo ("DRC") and adjoining countries, Section 1502 of the Dodd-Frank Wall Street…more

Conflict Mineral Rules, Consumer Protection Act, Dodd-Frank, SEC

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‘A Primer on Marketing Hydrocarbons’ Presentation

Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas and…more

Breach of Contract, Buyers, Contract Negotiations, Contract Terms, Damages

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Extraterritorial Reach Of Patents— Impact Of Recent Supreme Court Decisions

Jackson Walker partner Leisa Talbert Peschel spoke at the 14th Annual Advanced Patent Litigation Course on Thursday, July 12, at the U.S. Patent and Trademark Office’s Rocky Mountain Regional Office in Denver, Colorado. The…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Component Parts Doctrine, Damages

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Using Supplier Agreements as Patent Litigation Insurance

In a recent article written for Today’s General Counsel, patent attorney Wasif Qureshi discusses how customers can lessen risks when sued for patent infringement as a result of using technology obtained from a third party…more

Indemnification Clauses, Intellectual Property Protection, Litigation Insurance, Patent Infringement, Patent Litigation

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EPA Proposes to Revise Significant Aspects of Methane Rule

Two years ago, the EPA adopted the New Source Performance Standards (NSPS) Subpart OOOOa (commonly known as the Methane Rule), which allowed the EPA – for the first time – to regulate directly the emissions of methane gas from…more

Appeals, EPA, Greenhouse Gas Emissions, Methane, Moratorium

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New Texas Rule Regarding the Disposal of Fetal Tissue Stayed

The Texas Department of State Health Services recently issued a final rule implementing updated methods for the disposal of special waste from health care facilities, which includes fetal tissue. As such, the new rule would…more

Final Rules, Health Care Providers, Healthcare Facilities, New Regulations, Preliminary Injunctions

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IRS Provides for Expedited Loans and Hardship Distributions from Retirement Plans

The IRS announced last week that it will allow victims of Hurricane Harvey and their families to more easily access assets held in employer-sponsored retirement plans. Specifically, the IRS will allow certain retirement plans to…more

401k, 403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, Employee Benefits

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Handling Your First (Or Next) Oil And Gas Case: Who Is The Client? Operative Documents, Necessary Parties, And Knowing Your Limits

As part of TexasBarCLE’s “Handling Your First (or Next)” series, Jackson Walker partner Amy Osberg Roberts presented a discussion on “Who Is the Client? Operative Documents, Necessary Parties, and Knowing Your Limits” in oil and…more

Contract Terms, Defense Strategies, Discovery, Failure to Join Necessary Party, Litigation Strategies

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The Importance of Documenting Flood Damage

As the effects of Hurricane Harvey begin to dissipate, a number of you have asked another important, practical question: Can I and should I start making temporary repairs and/or removing damaged items from my home?…more

Hurricane Harvey, Inspections, Insurance Claims, Loss Mitigation, Property Damage

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Supreme Court Declines to Extend Janus’ Reach, Upholds Primary Liability Under the Anti-Fraud Provisions of the Securities Laws

In a 6 to 2 opinion Wednesday, the U.S. Supreme Court declined to extend its holding in Janus Capital Grp., Inc. v. First Derivative Traders, 564 U.S. 135 (2011) beyond Exchange Act Rule 10b-5(b), and held that a person who…more

Appeals, Corporate Officers, Directors, Enforcement Actions, False Statements

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Jackson Walker Advises Journalists on Potential Legal Issues Regarding Election Day Coverage

Jackson Walker lawyers around Texas will be assisting the Reporters Committee for Freedom of the Press in advising journalists on issues they may face at polling places on November 6, 2018. Journalists could face an array of…more

Election Results, Exit Polling, First Amendment, Freedom of the Press, General Elections

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Ex Parte Reexamination May Cost Apple $177 Million

On May 24, 2018, Apple was awarded a verdict of $533 million for Samsung’s infringement of three Apple design patents. While unsuccessful ex parte reexaminations (EPRs) were filed against two of those three design patents, the…more

Apple, Apple v Samsung, Article of Manufacture, Attorney's Fees, Damages

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Employer Considerations in the Wake of Devastation

As businesses resume operations and start the recovery from Hurricane Harvey, they are likely to face a variety of employment related challenges. These are a few of the issues that employers should be prepared to address…more

ADA, Employer Liability Issues, Exempt-Employees, FLSA, FMLA

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Considerations and Consequences of a Bankruptcy Filing in the Oil and Gas Industry

A Chapter 11 bankruptcy filing of an oil and gas company will likely have broad implications for a wide range of parties. Certain pervasive agreements in today’s oil and gas industry generate substantial, high-dollar…more

Assignments, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases

See all updates »

Treasury Releases Additional Qualified Opportunity Zone Guidance

On April 17, the Treasury Department released a second round of guidance, bringing additional clarity to the Qualified Opportunity Fund (or QOF) regime enacted by 2017’s Tax Cuts and Jobs Act. Some important questions remain…more

Capital Gains, Investment Funds, IRS, Opportunity Zones, Proposed Regulation

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FTC Announces Hart-Scott-Rodino Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) announced the adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act)…more

Antitrust Provisions, FTC, Hart-Scott-Rodino Act, Premerger Notifications, Size of Transaction Test

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Religion and The Workplace (Presentation)

Please see full Presentation below for more information on Religion and The Workplace…more

ADA, EEOC, Employer Liability Issues, Exceptions, Federal Contractors

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Fifth Circuit Gets Out of the Implied Findings Business

Federal Rule 52(a) requires that when a district court conducts a bench trial, it is obliged to “find the facts specially.” In its recent significant decision in ENI US Operating Co., Inc. v. Transocean Offshore Deepwater…more

Appeals, Bench Trial, Breach of Contract, Contract Terms, Evidence

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Child Support Liens in Texas – What Every Insurer Should Be Doing Before Settlement

If you are an insurer or are settling a claim with insurance funds, and you are contemplating settling a case in Texas, identification of Plaintiff’s child support liens—if any—and proper payment of these liens is mandatory in…more

Child Support, Insurance Claims, Insurer Liability, Liens, Reporting Requirements

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Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

In an ongoing effort to update our financial institution clients about developments in Texas jurisprudence that may impact them, we bring to your attention a recent decision of particular importance to mortgage and home equity…more

Dismissals, JPMorgan Chase, Loans, Mortgages, Putative Class Actions

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A Short Course on Online Notarization

Notary publics are the Rodney Dangerfields of the legal industry. They get no respect, yet their contributions to the legal community are priceless, particularly to real estate attorneys and title companies seeking to record…more

Civil Code, Electronic Notarization Standard, New Legislation, Public Notaries, Rules of Practice

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British Bankers Association No Longer Administering LIBOR

Effective as of February 1, 2014, Intercontinental Exchange (ICE) Benchmark Administration Ltd. took over as the new administrator of LIBOR. A new administrator to replace the British Banker's Association (BBA) is one of the…more

British Bankers' Association, Libor, UK

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CMS Issues Final Rule, Making it Easier to Sue Nursing Facilities

Beginning November 28, 2016, pre-dispute arbitration agreements will no longer be permissible for skilled nursing facilities and nursing facilities participating in the Medicare and Medicaid programs. 42 C.F.R. § 483.70(n). On…more

CMS, Medicaid, Medicare, Nursing Homes, Pre-Dispute Arbitration

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Nate Smithson Provides an Update on Tax Reform

Jackson Walker partner Nate Smithson has prepared an updated guide to tax reform which reflects the senate’s newly-proposed tax bill. The guide covers tax brackets, deductions, capital gains, and other relevant topics in tax…more

401k, Affordable Care Act, Alternative Minimum Tax, Business Taxes, Capital Gains

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The Trump Administration Retweets and Retreats

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about everything…more

Administrative Agencies, First Amendment, Former Employee, Identity of Interest, Political Speech

See all updates »

New CFIUS Rules Apply to All Transactions Closing After November 10, 2018

Clients selling assets or interests to a foreign buyer and foreign buyers of U.S. assets or U.S. entities may feel the impact of new mandatory Committee on Foreign Investment in the United States (CFIUS) disclosures or notice…more

Aircraft Equipment, BIS, CFIUS, Chemicals, Commerce Control List

See all updates »

Beware: Breaking NCAA Rules Could Result In A Visit From the FBI (and Worse)

College sports in the United States is a cash cow, with billion-dollar television deals, hundred-million dollar apparel deals, and some coaches earning in excess of seven-million dollars annually. This revenue generation has…more

Bribery, Coaches, Colleges, Criminal Investigations, FBI

See all updates »

Child Support Liens in Texas – What Every Insurer Should Be Doing Before Settlement

If you are an insurer or are settling a claim with insurance funds, and you are contemplating settling a case in Texas, identification of Plaintiff’s child support liens—if any—and proper payment of these liens is mandatory in…more

Child Support, Insurance Claims, Insurer Liability, Liens, Reporting Requirements

See all updates »

Cheers to the Holidays—and Property Taxes

The holiday season is in full swing which means Christmas cookies, New Year’s resolutions, and property taxes… Wait. What? Yes, if you or your clients are aircraft owners in Texas, you should already be thinking about 2019…more

Aircraft, Aircraft Equipment, Appraisers, Personal Property, Property Tax

See all updates »

The Importance of Documenting Flood Damage

As the effects of Hurricane Harvey begin to dissipate, a number of you have asked another important, practical question: Can I and should I start making temporary repairs and/or removing damaged items from my home?…more

Hurricane Harvey, Inspections, Insurance Claims, Loss Mitigation, Property Damage

See all updates »

Intellectual Property Issues in Bankruptcy and the Exclusion of Trademark Licenses from the Definition of Intellectual Property

The Bankruptcy Code divides intellectual property into distinct categories depending upon the particular type of intellectual property. Issues with respect to intellectual property can be of utmost importance in bankruptcy, as a…more

Commercial Bankruptcy, Creditors, Debtors, Exemptions, IP Assignment Agreements

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Mandatory BEA Filings: Have You Complied?

Is your business owned, directly or indirectly, 10 percent or more by a foreign party? Does your business own, directly or indirectly, 10 percent or more of a foreign party? If so, your business may have the legal…more

BEA, Bureau of Economic Analysis, Filing Requirements, Foreign Affiliates, Foreign Direct Investment

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Fifth Circuit Rules: Air Carrier Access Act Does Not Provide Private Right of Action

On April 5, 2018, the United States Court of Appeals for the Fifth Circuit decided Stokes v. Southwest Airlines, 887 F.3d 199 (5th Cir. 2018), which expressly overruled precedent set nearly thirty years ago in Shinault v…more

Air Carrier Access Act (ACAA), Air Carriers, Disability Discrimination, Precedential Opinion, Private Right of Action

See all updates »

Proposed Building Code Amendment is Harsh Reflection of Glaring Controversy

In what came as a complete surprise to many in the development industry, an otherwise low-profile City of Dallas board, the Building Inspection Advisory, Examining and Appeals Board, met on July 11 to recommend approval of a…more

Building Codes, Local Ordinance, Proposed Legislation

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Hedging Oil & Gas Production

The recent, dramatic decline in the price of oil illustrates the risk that every oil and gas producer has to declining energy commodity prices. This paper discusses various methods for “hedging” or reducing price risk. In…more

Commodities, Commodity Futures Contracts, Dodd-Frank, Exchange-Traded Products, ISDA Master Agreement

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Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location…more

Air Quality Standards, Clean Air Act, Permits, Preemption

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Trying to Thread a Very Fine—and Possibly Non-Existent—Needle: EPA Proposes to Withdraw a Necessary Underpinning of the Mercury and Air Toxics Standards While Keeping the Rule in Place

In December 2011, the EPA announced the Mercury and Air Toxics Standards under Section 112 of the Clean Air Act (CAA), commonly referred to as the MATS rule. The MATS rule governs the emission of mercury from electric power…more

Air Pollution, Clean Air Act, EPA, MATS, Mercury

See all updates »

Aligning Open Government Ideals With Law Enforcement Provisions

In Texas, our public information act is founded on the proposition that the people are sovereign and entitled to full disclosure of governmental affairs in order to retain control of public institutions. Embedded in our state…more

FOIA, Journalism, Judicial Review, Law Enforcement, Media Relations

See all updates »

Considerations and Consequences of a Bankruptcy Filing in the Oil and Gas Industry

A Chapter 11 bankruptcy filing of an oil and gas company will likely have broad implications for a wide range of parties. Certain pervasive agreements in today’s oil and gas industry generate substantial, high-dollar…more

Assignments, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases

See all updates »

Why Lawyers and Firms Should Actively Manage Their Online Presence

The need for due diligence research is high for both law firms and their clients. Now more than ever, firms are researching attorney candidates before they are hired. Likewise, clients looking to hire an attorney or firm are…more

Background Checks, Due Diligence, Lateral Hiring, Law Practice Management, Legal Recruiting

See all updates »

Last Call: Your Q4 DMCA Agent Designation Reminder

We are only three months away from the December 31, 2017 deadline for websites and other online service providers to redesignate their DMCA agents under the U.S. Copyright Office’s new online registration system. This is an…more

Copyright, Copyright Infringement, Copyright Office, Corporate Counsel, Designated Agent

See all updates »

The Texas Supreme Court Affirms TCEQ's Discretion to Deny Contested Hearing Requests on Water-Quality Permits

On August 23, 2013, the Texas Supreme Court issued a significant decision affirming the administrative discretion of the Texas Commission on Environmental Quality ("the Commission") to decide whether or not to grant a downstream…more

Environmental Claims, Environmental Policies, Farms, Water

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Two New Supreme Court Decisions Alter the Landscape for Litigating Copyright Infringement Cases

Copyright litigants should take note of the pair of unanimous decisions handed down by the Supreme Court on Monday: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 LEXIS 1730 (Mar. 4, 2019), and…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Office, Copyright Registration

See all updates »

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JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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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:

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  • Measure readership and usage of the Website and Services;
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  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

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

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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