Lippes Mathias LLP

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50 Fountain Plaza
Suite 1700
Buffalo, NY 14202, United States
Phone: 716.853.5100
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Florida
  • Ohio
Other Countries
  • Canada
Number of Attorneys
100+ Attorneys

Understanding New York Executive Law § 63 (12) and its Potential Impact on Businesses

Thanks to media attention to the case Attorney General Letitia James brought against former President Donald J. Trump, an obscure statute first enacted in 1956 has become a major point of interest for businesses operating in New…more

Disgorgement, Enforcement, Financial Institutions, Financial Statements, Fraud

See all updates »

IRS Announces Penalty Relief for Nearly Five Million Eligible Taxpayers Totaling $1 Billion

As looming collection action efforts against delinquent taxpayers intensifies, the Internal Revenue Service is attempting to increase voluntary compliance and payment for outstanding liabilities. The IRS announced automatic…more

Collection Action, Compliance, Delinquency Status, Failure To Pay, Installment Agreements

See all updates »

IRS Halts Processing of ERC Claims Citing Extensive Fraud and Abuse

In an extraordinary development, the IRS has halted its processing of Employee Retention Credit (“ERC”) refund claims as it struggles to keep up with the massive number of claims filed within the last several months. The…more

CARES Act, Employee Retention, Enforcement, Fraud and Abuse, IRS

See all updates »

Hiring Counsel for Estate and Trust Administration Could Help You Avoid an Expensive Conflict

Losing a family member or friend is a difficult situation for everyone. In 1969, the Swiss-American psychiatrist Elizabeth Kübler-Ross wrote in her book “On Death and Dying,” that grief could be divided into five stages:…more

Beneficiaries, Creditors, Estate Planning, Irrevocable Trusts, Liability

See all updates »

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use other…more

Bad Faith, Brand, Cybersquatting, Dilution, Fair Use

See all updates »

How ESG is Affecting Private Equity

Our Lippes Mathias Private Equity Team recently attended on a seminar on the growing impact of Environmental, Social, and Governance (“ESG”) issues on the private equity space. Here are the top five items we took away from the…more

Corporate Governance, Cybersecurity, Environmental Social & Governance (ESG), EU, Investors

See all updates »

What the Supreme Court’s Decision in Castro-Huerta Means for Tribal Sovereignty

In Oklahoma v. Castro-Huerta, decided on the second to last day of the 2021-2022 term, the Supreme Court held 5-4 that Oklahoma had concurrent jurisdiction with the federal government over crimes committed by non-Indians against…more

Concurrent Jurisdiction, McGirt v Oklahoma, SCOTUS, Sovereign Immunity

See all updates »

Navigating Private Lending: Best Practices for Success

In times of economic uncertainty, lending is not exclusively within the realm of banks. Non-financial institutions, such as corporate entities, pension funds, insurance companies, and even high-net-worth individuals, play a…more

Banks, Best Practices, Borrowers, Compliance, Documentation

See all updates »

Climate Week NYC 2023: Key Takeaways and Insights on What’s to Come

Each year during the regular session of the United Nations (U.N.) General Assembly, the Climate Group—an international nonprofit that works to address climate change with government leaders and businesses—hosts Climate Week NYC…more

Clean Energy, Climate Action Plan, Climate Change, Endowment Funds, Environmental Policies

See all updates »

Maintaining Your Legacy: The Importance of Regularly Reviewing Your Estate Plan

One of the most common questions raised by clients is: how often should I update my Will? The answer to this question must be examined on a case-by-case basis and is heavily dependent on each client’s ever-changing present and…more

Beneficiaries, Duty to Update, Estate Planning, Executors, Marital Status

See all updates »

Shout it, Shout it, Shout It Out Loud! Key Elements of Renewable Energy Site Control

In the context of renewable energy projects, “site control” refers to an agreement that conveys rights permitting the utilization of real property for initial diligence and planning, and ultimately the construction, development,…more

Development Agreements, Energy Projects, Energy Sector, Regulatory Requirements, Renewable Energy

See all updates »

New COBRA Coverage Obligations for Employers

Notice To Employers And Group Health Plans – New COBRA Continuation Coverage Obligations And Premium Subsidies Under The American Rescue Plan Act Of 2021…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

See all updates »

Testamentary Guardianship: Safeguarding Your Child's Future Through Estate Planning

Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians…more

Estate Planning, Fiduciary, Guardianships, Incapacitated Persons, Minors

See all updates »

Highlights of the EEOC's Final Regulations on the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission ("EEOC") issued its final regulations interpreting the Pregnant Workers Fairness Act ("PWFA"). The PWFA became effective on June 27, 2023, and the regulations took…more

Americans with Disabilities Act (ADA), Civil Rights Act, Documentation, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

Inflation Reduction Act Highlights: Environmental Justice, Climate Change and Expedited Permitting

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA), sweeping legislation that commits $369 billion to combat climate change, fund clean energy and development, and address environmental justice. This…more

Air Pollution, Biden Administration, Clean Air Act, Clean Energy, Climate Change

See all updates »

New COBRA Coverage Obligations for Employers

Notice To Employers And Group Health Plans – New COBRA Continuation Coverage Obligations And Premium Subsidies Under The American Rescue Plan Act Of 2021…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

See all updates »

US Supreme Court Limits Deference to Federal Agency Action

On June 28, 2024, the Supreme Court of the United States issued its long-awaited decision in Loper Bright Enterprises v. Raimondo and overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., putting an end to…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

Top 5 Trends – Representation and Warranty Insurance for M&A Transactions

Our Mergers & Acquisitions / Private Equity Team recently attended Marsh’s panel on its 2021 Global Trends Report on transactional risk. Consistent with what we have seen in the market, industry experts confirmed that an…more

Acquisitions, Human Capital, Mergers, Pricing, Private Equity

See all updates »

The failure of Silicon Valley Bank and Signature Bank

The two banks’ sudden failure raises many questions about depositors’ ability to access accounts held at the banks when they closed. The following is intended to provide an overview of the current updates issued by the FDIC and…more

Banking Regulators, Banking Sector, Bridge Banks, Depository Institutions, FDIC

See all updates »

Practice Insight: A Big Little Thing at the End of a White-Collar Criminal Trial

The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the…more

Criminal Prosecution, Evidence, Evidentiary Standards, Jury Instructions, Jury Trial

See all updates »

Venture Capital: A Primer

Venture capital (VC) is a form of private equity and a type of financing where investors invest in early-stage companies which they believe to have long-term, highgrowth potential. Accredited investors, family offices,…more

Corporate Management, Due Diligence, Family Offices, Financing, Institutional Investors

See all updates »

The Corporate Transparency Act: New Beneficial Ownership Reporting Requirements for Companies

Earlier this year, Congress voted to override former President Trump’s veto of the 2021 National Defense Authorization Act (“NDAA”). The Corporate Transparency Act (“CTA”), enacted as part of the NDAA, requires “reporting…more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Corporate Transparency Act, Financial Crimes

See all updates »

The Landscape of Commercial Lending Conditions and What May Come

In recent years, U.S. banks have been tightening lending conditions. This trend is expected to continue for commercial loans because of various factors, including the ongoing effects of the COVID-19 pandemic, changes in interest…more

Borrowers, CMBS, Commercial Loans, Commercial Real Estate Market, Coronavirus/COVID-19

See all updates »

Helix Supreme Court Decision Finds That Daily Pay Rate Employee Making Six Figure Income Can Collect Overtime Under FLSA

On February 22, 2023, the Supreme Court of the United States issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt finding that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor…more

Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

See all updates »

Navigating Private Lending: Best Practices for Success

In times of economic uncertainty, lending is not exclusively within the realm of banks. Non-financial institutions, such as corporate entities, pension funds, insurance companies, and even high-net-worth individuals, play a…more

Banks, Best Practices, Borrowers, Compliance, Documentation

See all updates »

Supreme Court Decides in Favor of Tribal Nations in Becerra v. San Carlos Apache Tribe

The U.S. Supreme Court’s June 6 decision is a victory for Tribal Nations, affording them new opportunities to recover contract support costs pertaining to healthcare programs. In Becerra v. San Carlos Apache Tribe, the…more

Becerra v San Carlos Apache Tribe, Contract Terms, Health Insurance, Healthcare, Indian Health Service (IHS)

See all updates »

Credit Card Late Fees Slashed to $8 by Consumer Financial Protection Bureau

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice…more

Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules, Inflation Adjustments, Interest Rates

See all updates »

HHS Issues Final Rule to Expand Discrimination Prohibition in Health Care Services

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) and the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule on May 6, 2024 (the “Final Rule”) under Section 1557 of the…more

Affordable Care Act, Anti-Discrimination Policies, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS)

See all updates »

Empire State Cannabis Update: Conditional Adult-Use Cultivation & Processor License Overview and Impact

On February 22, 2022, Governor Kathy Hochul signed a bill into law that will award conditional adult-use licenses to qualifying cultivators and processors who were licensed under New York’s Cannabinoid Hemp Program prior to…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Marijuana, Marijuana Cultivation

See all updates »

Medical Devices in the App Store? U.S. Regulation of Mobile Medical Applications

Since the start of the COVID-19 pandemic, more people than ever have downloaded and used mobile applications, or apps, to communicate with their doctors, manage prescriptions, and streamline much of the healthcare activity…more

21st Century Cures Act, Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), International Medical Device Regulators Forum (IMDRF)

See all updates »

Why Canadians Like to Invest in the U.S.

Businesses that had already expanded into the U.S. prior to the COVID-19 pandemic were often grateful that they had. Countries that closed down trade with other countries and domestic travel often suffered the most…more

Asset Diversification, Business Development, Canada, Foreign Entities, Immigration

See all updates »

Top 5 Trends – Representation and Warranty Insurance for M&A Transactions

Our Mergers & Acquisitions / Private Equity Team recently attended Marsh’s panel on its 2021 Global Trends Report on transactional risk. Consistent with what we have seen in the market, industry experts confirmed that an…more

Acquisitions, Human Capital, Mergers, Pricing, Private Equity

See all updates »

HHS Issues Final Rule to Expand Discrimination Prohibition in Health Care Services

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) and the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule on May 6, 2024 (the “Final Rule”) under Section 1557 of the…more

Affordable Care Act, Anti-Discrimination Policies, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS)

See all updates »

How Will New Reporting Requirements Impact Your Business in 2024? Beneficial Ownership Reporting Under the Corporate Transparency Act

Beginning in 2024, a significant number of foreign and domestic businesses in the United States will be required to report information on their businesses, owners, senior officers, and key decision-makers, under the Corporate…more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, Doing Business

See all updates »

Important Actions for Necessary Businesses and Entities Affected by the New Corporate Transparency

Entities and Individuals Required to File a Report: Effective January 1, 2024, the Corporate Transparency Act (“CTA”) now requires a significant number of foreign and domestic businesses and entities in the United States to…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

Biden Administration Rings in the New Year with a Seismic Change: FTC Proposed Rule Would Ban Noncompetes Across the Country

Restrictive covenants, and more specifically, noncompete agreements, have been under increased scrutiny over the past several years. To date, restrictive covenants, including noncompetes, have been regulated at the state level…more

Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC), FTC Act

See all updates »

Canada’s Capital Gains Tax and the Exodus to the U.S.

There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers on…more

Canada, Capital Gains, Citizenship and Immigration Canada (CIC), E-1, E-2

See all updates »

Canada’s Capital Gains Tax and the Exodus to the U.S.

There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers on…more

Canada, Capital Gains, Citizenship and Immigration Canada (CIC), E-1, E-2

See all updates »

FDA Regulation of CBD is TBD

After rounding out 2022 with a series of warning letters to companies selling products containing cannabidiol (“CBD”) the U.S. Food and Drug Administration (“FDA”) began 2023 by issuing a press release announcing its…more

Cannabidiol (CBD) oil, DEA, Farm Bill, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

Florida Passes SB1718, a State Bill That Will Require Many Florida Employers to Use E-Verify and Increase Penalties for Employment of Aliens without Employment Authorization

On May 10, 2023, Governor Ron DeSantis approved Florida Senate Bill 1718 (“SB1718”). Among other things, the bill will amend and expand the current Florida statutes related to employment of aliens without employment…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

See all updates »

Supreme Court Decides in Favor of Tribal Nations in Becerra v. San Carlos Apache Tribe

The U.S. Supreme Court’s June 6 decision is a victory for Tribal Nations, affording them new opportunities to recover contract support costs pertaining to healthcare programs. In Becerra v. San Carlos Apache Tribe, the…more

Becerra v San Carlos Apache Tribe, Contract Terms, Health Insurance, Healthcare, Indian Health Service (IHS)

See all updates »

Shout it, Shout it, Shout It Out Loud! Key Elements of Renewable Energy Site Control

In the context of renewable energy projects, “site control” refers to an agreement that conveys rights permitting the utilization of real property for initial diligence and planning, and ultimately the construction, development,…more

Development Agreements, Energy Projects, Energy Sector, Regulatory Requirements, Renewable Energy

See all updates »

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems, Bias

See all updates »

United States Patent and Trademark Office Reduces Trademark Office Action Response Deadline

The United States Patent and Trademark Office (“USPTO”) announced that beginning on December 3, 2022, trademark applicants will have three months to respond to office actions issued by the USPTO. The current deadline is six…more

Deadlines, Trademark Office, Trademark Registration, Trademark Review and Adjudication Rules, Trademarks

See all updates »

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, EPA promulgated its highly anticipated final rule (the “Rule”) designating two types of PFAS – perfluorooctanoic acid (PFOA) and perflurooctanesulfonic acid (PFOS) – as hazardous substances under the…more

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

See all updates »

New York State Medicaid Updates for 2024

Medicaid is a joint federal and state program that provides health coverage to millions of Americans. Federal law requires states to comply with certain minimum requirements, but New York is considered a maximum state in that it…more

Asset Protection, Cost-of-Living Adjustment (COLA), Gifts, Health Insurance, Healthcare

See all updates »

Reminder: Department of Labor Overtime Exemption Rule to Take Effect July 1, 2024

As we alerted on May 13, 2024, the Department of Labor (“DOL”) published its final rule (the “Rule”) on April 26, 2024, increasing overtime exemption compensation thresholds under the Fair Labor Standards Act. As the July 1,…more

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

See all updates »

Understanding New York Executive Law § 63 (12) and its Potential Impact on Businesses

Thanks to media attention to the case Attorney General Letitia James brought against former President Donald J. Trump, an obscure statute first enacted in 1956 has become a major point of interest for businesses operating in New…more

Disgorgement, Enforcement, Financial Institutions, Financial Statements, Fraud

See all updates »

What the Supreme Court’s Decision in Castro-Huerta Means for Tribal Sovereignty

In Oklahoma v. Castro-Huerta, decided on the second to last day of the 2021-2022 term, the Supreme Court held 5-4 that Oklahoma had concurrent jurisdiction with the federal government over crimes committed by non-Indians against…more

Concurrent Jurisdiction, McGirt v Oklahoma, SCOTUS, Sovereign Immunity

See all updates »

What Employers Need to Know About the FTC’s Ban of Non-Competition Agreements

On May 7, 2024, the Federal Trade Commission (“FTC”) published its controversial final rule (the “Rule”) that once effective will ban employers from entering into new non-compete agreements across the country, retroactively void…more

Enforcement, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

Supreme Court Decides in Favor of Tribal Nations in Becerra v. San Carlos Apache Tribe

The U.S. Supreme Court’s June 6 decision is a victory for Tribal Nations, affording them new opportunities to recover contract support costs pertaining to healthcare programs. In Becerra v. San Carlos Apache Tribe, the…more

Becerra v San Carlos Apache Tribe, Contract Terms, Health Insurance, Healthcare, Indian Health Service (IHS)

See all updates »

FDA Regulation of CBD is TBD

After rounding out 2022 with a series of warning letters to companies selling products containing cannabidiol (“CBD”) the U.S. Food and Drug Administration (“FDA”) began 2023 by issuing a press release announcing its…more

Cannabidiol (CBD) oil, DEA, Farm Bill, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

Need to Know Basics: Indian Self-Determination and Education Assistance Act

1. What is 105(l)? Section 105(l) of Public Law 93-638, the Indian Self-Determination and Education Assistance Act (ISDEAA), requires the Secretaries of Interior and Health and Human Services to enter into facility lease…more

Compensation, Department of the Interior, Fair Market Value, Indian Health Service (IHS), Indian Self-Determination and Education Assistance Act (ISDEAA)

See all updates »

OMIG to Adopt New Fraud, Waste and Abuse Prevention Requirements

In the July 13, 2022 issue of the New York State Register, the New York State Office of Medicaid Inspector General (OMIG) published a proposed regulation that it will likely adopt this fall. The proposed regulation will add a…more

Audits, Compliance, Document Retention Policies, Fraud Abuse and Waste, Fraud Prevention

See all updates »

Climate Week NYC 2023: Key Takeaways and Insights on What’s to Come

Each year during the regular session of the United Nations (U.N.) General Assembly, the Climate Group—an international nonprofit that works to address climate change with government leaders and businesses—hosts Climate Week NYC…more

Clean Energy, Climate Action Plan, Climate Change, Endowment Funds, Environmental Policies

See all updates »

SAFEs vs. Convertible Notes – Which is Better for an Early-Stage Company?

Our early-stage start-up clients often ask us about the difference between convertible notes and Simple Agreements for Future Equity (SAFEs). Each provides a way for companies to raise capital without the need to determine the…more

Capital Raising, Convertible Notes, Debt Instruments, Fundraisers, SAFE (Simple Agreement for Future Equity)

See all updates »

Breaking Up is Hard to Do, Especially if You Want to Leave New York State

As the influx of New York residents depart to warmer and sunnier pastures in the South, they may be leaving their homes but not necessarily their obligation to the New York State Tax and Finance Department. There are many…more

Bonuses, Business Income, Domicile, Family Members, Financial Statements

See all updates »

Practice Insight: A Big Little Thing at the End of a White-Collar Criminal Trial

The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the…more

Criminal Prosecution, Evidence, Evidentiary Standards, Jury Instructions, Jury Trial

See all updates »

An Employer’s Guide to Navigating New York State's Nursing Mothers in the Workplace Act

On June 7, 2023, amendments to New York State's Nursing Mothers in the Workplace Act (the "Act") took effect. In short, the amendments required employers to provide designated areas for employees to express breast milk that met…more

Employment Policies, Lactation Accommodation, New York, Notice Requirements, Remote Working

See all updates »

Empire State Cannabis Update: Conditional Adult-Use Cultivation & Processor License Overview and Impact

On February 22, 2022, Governor Kathy Hochul signed a bill into law that will award conditional adult-use licenses to qualifying cultivators and processors who were licensed under New York’s Cannabinoid Hemp Program prior to…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Marijuana, Marijuana Cultivation

See all updates »

FTC Enforces Section 8 of the Clayton Antitrust Act

It has been over 40 years since the Federal Trade Commission (“FTC”) has enforced Section 8 of the Clayton Act. Section 8 prohibits interlocking directorates among competing businesses, specifically referring to boards of…more

Antitrust Division, Competition, Consent Order, Enforcement, Federal Trade Commission (FTC)

See all updates »

The Curious World of Inspectors General

One government agency type that has gathered increasing attention in the last several years is that of the Inspector General. Inspectors General are found at both the federal and state level. Some have broad-based powers…more

Conflicts of Interest, Corruption, Fraud, Fraud and Abuse, Inspector General

See all updates »

New Disclosure and Notice Requirements for New York Physician Practice Transactions

The 2023-2024 New York State budget has enacted significant new mandatory disclosure and notice laws for certain transactions involving physician practices and other health care organizations. This new law – Article 45-A of the…more

Acquisitions, Department of Health and Human Services (HHS), Disclosure Requirements, Health Insurance, Healthcare

See all updates »

Looming Changes to Federal Estate & Gift Tax – Act Now!

Following the enactment of the Tax Cuts and Jobs Act in 2017, the federal estate and gift tax exemption was increased from $5.49 million per person to $11.18 million, which allowed for a substantial increase in what taxpayers…more

Estate Planning, Estate Tax, Gift Tax, Inflation Adjustments, IRS

See all updates »

White House Urged to Implement its Artificial Intelligence Bill Of Rights: Implications for Government Contractors

As the use of artificial intelligence continues to dominate the news cycle, a group of 60 public interest organizations including the National Fair Housing Alliance, Public Citizen, the Brennan Center for Justice, and Consumer…more

ADEA, Algorithms, Artificial Intelligence, Biden Administration, Employment Discrimination

See all updates »

Prepare to Respond for the Coming Wave of Claims from Adult Survivor’s Act

In 2019, New York passed the Child Victims Act (“CVA”), which opened a two-year lookback window for survivors of childhood sexual abuse to file claims otherwise barred by the former statute of limitations. Earlier this year,…more

Bankruptcy Court, Crime Victims, Insurance Industry, New Legislation, New York

See all updates »

Understanding New York Executive Law § 63 (12) and its Potential Impact on Businesses

Thanks to media attention to the case Attorney General Letitia James brought against former President Donald J. Trump, an obscure statute first enacted in 1956 has become a major point of interest for businesses operating in New…more

Disgorgement, Enforcement, Financial Institutions, Financial Statements, Fraud

See all updates »

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant Discharge Elimination System Permits

On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The…more

Clean Water Act, Effluent Limitations, Enforcement, Environmental Protection Agency (EPA), Environmental Violations

See all updates »

Venture Capital: A Primer

Venture capital (VC) is a form of private equity and a type of financing where investors invest in early-stage companies which they believe to have long-term, highgrowth potential. Accredited investors, family offices,…more

Corporate Management, Due Diligence, Family Offices, Financing, Institutional Investors

See all updates »

Venture Capital: A Primer

Venture capital (VC) is a form of private equity and a type of financing where investors invest in early-stage companies which they believe to have long-term, highgrowth potential. Accredited investors, family offices,…more

Corporate Management, Due Diligence, Family Offices, Financing, Institutional Investors

See all updates »

Florida State Legislature Passes Sweeping Affordable Housing Bill

On March 24, 2023 the Florida State Legislature passed and presented to Gov. DeSantis a sweeping housing bill which aims to provide significant support for affordable and workforce housing development and preservation for years…more

Affordable Housing, Florida, Incentives, Multi-Family Housing, New Legislation

See all updates »

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to all…more

H-1B, Highly-Skilled Workers Visa, Lottery, Notice of Proposed Rulemaking (NOPR), Prevailing Wages

See all updates »

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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:

  • 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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