McGlinchey Stafford

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601 Poydras Street
Suite 1200
New Orleans, Louisiana 70130, United States
Phone: (504) 586-1200
Fax: (504) 596-2800
Areas Of Practice
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Alabama
  • California
  • D.C.
  • Florida
  • Louisiana
  • Massachusetts
  • Mississippi
  • New York
  • Ohio
  • Rhode Island
  • Tennessee
  • Texas
  • Washington
Number of Attorneys
100+ Attorneys

When Is Form 1099-C Required of Lenders? [More with McGlinchey, Ep. 16]

When debt is forgiven, as much of the funding lent through the CARES Act’s PPP may be, a lender may be required to file IRS Form 1099-C with the IRS and to furnish a copy to the borrower. As a lender, do I need to file the…more

Borrowers, Cancellation of Debt (COD), CARES Act, Income Taxes, Internal Revenue Code (IRC)

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“Hemp-Derived” THC in Massachusetts: Navigating the Regulatory Maze

The recent proliferation of intoxicating hemp products containing “hemp-derived” THCs in Massachusetts restaurants, liquor stores, and convenience shops has sparked debate among state officials in determining whether these…more

Cannabis Products, Controlled Substances Act, Department of Agriculture, Department of Health and Human Services (HHS), Farm Bill

See all updates »

Corporate Transparency Act Reporting Begins: Are You Ready?

Effective January 1, 2024, companies must disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) within the United States Department of Treasury. The reporting requirement is part of the U.S…more

Anti-Money Laundering, Beneficial Owner, CEOs, CFOs, Corporate Transparency Act

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FTC Votes on Final Rule to Ban Non-Compete Agreements

Following an extended public comment period that began in January of 2023, the Federal Trade Commission (FTC) voted Tuesday, April 23 to implement a new rule that would effectively ban non-compete agreements nationwide, except…more

Administrative Procedure Act, Chamber of Commerce, Federal Register, Federal Trade Commission (FTC), Final Rules

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Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]

Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys…more

Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act, Criminal Prosecution, Decriminalization of Marijuana

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Am I Bound by My Client’s Settlement Agreement? - McGlinchey Commercial Law Bulletin - March 8, 2024

In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action. …more

Appellate Courts, Arbitrators, Binding Agreements, Collateral Estoppel, Commercial Litigation

See all updates »

Understanding Payment Authorizations: Regulation E vs. NACHA Rules

Consumers often are able to effect transactions by providing payment authorization ahead of time. How often a consumer may authorize a prescheduled transaction differs slightly under Regulation E and the National Automated…more

ATMs, Debit and Credit Card Transactions, Electronic Payment Transactions, NACHA, Payment Systems

See all updates »

CFPB Supervisory Highlights Reflect Continued Emphasis on “Junk Fees”

On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called “junk fees” in the mortgage servicing industry. According to the CFPB,…more

Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Excessive Fees, Financial Services Industry, Late Fees

See all updates »

NLRB Rules Non-Disparagement, Confidentiality Provisions Violate Labor Act

In a ruling that could have far-reaching implications, the National Labor Relations Board (NLRB) has determined that non-disparagement and confidentiality provisions in releases related to severance agreements or settlements…more

Confidentiality Agreements, NLRA, NLRB, Non-Disparagement Provisions, Separation Agreement

See all updates »

Am I Bound by My Client’s Settlement Agreement? - McGlinchey Commercial Law Bulletin - March 8, 2024

In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action. …more

Appellate Courts, Arbitrators, Binding Agreements, Collateral Estoppel, Commercial Litigation

See all updates »

Powersports and the CFPB: Fair lending, fees, repossessions, and voluntary products

Compliance lawyers last summer were predicting that the Consumer Financial Protection Bureau (CFPB) would announce a robust regulatory agenda under the Biden administration, but we had not yet seen many details that allowed us…more

Algorithms, Artificial Intelligence, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ECOA

See all updates »

Podcast: #WhyMcGlinchey? Lateral to Leadership with Mag Bickford [More with McGlinchey, Ep. 64]

After joining McGlinchey in 2016, Mag Bickford has risen to firm leadership, serving on the executive Policy Committee, leading the Labor and Employment practice group, and managing the firm’s largest office in New Orleans. In…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Ownership

See all updates »

NY Court Of Appeals Issues A Landmark Decision On The Statute Of Limitations In Mortgage Foreclosure Actions

On February 18, 2021, the New York Court of Appeals issued a landmark decision in four cases related to the application of the statute of limitations to foreclose a mortgage in New York. Most notable is the long-anticipated…more

Appellate Courts, Foreclosure, Loan Modifications, Mortgages, Motion to Dismiss

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EPA Issues Final Methylene Chloride Rule Banning Most Uses

On April 30, 2024, the U.S. Environmental Protection Agency (EPA) issued the final methylene chloride rule under the Toxic Substances Control Act (TSCA), establishing prohibitions and workplace protections for methylene chloride…more

Chemicals, Environmental Protection Agency (EPA), OMB, Recordkeeping Requirements, Toxic Chemicals

See all updates »

CFPB Proposes Expanded FCRA Reach – Will It Grab Your Business?

At a recent White House Roundtable, the Consumer Financial Protection Bureau’s (CFPB) Director, Rohit Chopra, announced that the bureau will promulgate new rules in September that will broaden the categories of information/data…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Reports, Data Collection, Fair Credit Reporting Act (FCRA)

See all updates »

COVID Relief Updates: Mortgages, Debt Collection, And Student Lending

Since the beginning of the year and the change in Presidential administrations, a number of relief measures granted in response to the COVID-19 pandemic have been extended. Below are updates regarding relief measures in place…more

CARES Act, Centers for Disease Control and Prevention (CDC), Consolidated Appropriations Act (CAA), Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

See all updates »

Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]

What does the U.S. Supreme Court’s March 25, 2021 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country? In Part 4 of their series on the changing landscape of general…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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SCOTUS Deals Blow to LGBTQ+ Rights, Public Accommodation Law

In the 303 Creative LLC v. Elenis decision, the Supreme Court set back gains made by the LGBTQ+ community over the past decade. In a 6-3 decision, the nation’s highest Court answered a question about the balance of religious…more

303 Creative LLC v Elenis, Civil Rights Act, First Amendment, LGBTQ, Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission

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TRO enjoins enforcement of portions of Massachusetts emergency debt collection regulation. Now what?

On April 17, 2020, Massachusetts Attorney General Maura Healey promulgated emergency regulation 940 CMR 35.00 to address “unfair and deceptive debt collection practices during the state of emergency caused by COVID-19.” The…more

Collection Agencies, Compliance, Coronavirus/COVID-19, Debt Collection, New Regulations

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Podcast: Cannabis and Bankruptcy, Ep. 3: Considerations for Lenders [More with McGlinchey, Ep. 55]

In the final episode of our three-part series, "Exploring Issues in Cannabis and Bankruptcy," McGlinchey's Cannabis Group Co-Chair, Heidi Urness, along with colleagues Timothy Byrd and Rudy Cerone, will delve into the…more

Cannabis-Related Businesses (CRBs), Commercial Bankruptcy, Creditors, Debtors, Lenders

See all updates »

Are You a Foreign Agent? [More with McGlinchey, Ep. 21

The Maria Butina case cast a spotlight on once-obscure laws known as 18 USC Section 951, and the Foreign Agent Registration Act, or FARA. The government has revived these laws to target political actors, foreign propagandists,…more

Foreign Agents, Foreign Agents Registration Act (FARA), Foreign Governments, Foreign Relations, Registration Requirement

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Podcast: Cannabis and Bankruptcy, Ep. 3: Considerations for Lenders [More with McGlinchey, Ep. 55]

In the final episode of our three-part series, "Exploring Issues in Cannabis and Bankruptcy," McGlinchey's Cannabis Group Co-Chair, Heidi Urness, along with colleagues Timothy Byrd and Rudy Cerone, will delve into the…more

Cannabis-Related Businesses (CRBs), Commercial Bankruptcy, Creditors, Debtors, Lenders

See all updates »

Tax Document Danger: Not All Delivery Services Are Safe for Filing

Another taxpayer has been stung by using the wrong version of a private delivery service, FedEx “Express Saver,” resulting in the late filing of an important tax document. Filing Requirements for U.S. Tax Court Petitions-…more

FedEx, Filing Deadlines, Income Taxes, IRS, Tax Court

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Nice Try, But HIPAA Privacy Doesn’t Stop Vaccine Inquiries by Employers and Businesses

HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated. In guidance issued on September 30, 2021, the U.S…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA), New Guidance

See all updates »

Podcast: Dictaphones to Zoom Fatigue: Navigating the Multigenerational Practice of Law [More with McGlinchey, Ep. 49]

The modern law firm counts four generations of workers in its ranks. From the language of pleadings and law libraries to communication styles and work/life balance, what makes these employees different – and how are they more…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Partners

See all updates »

On Juneteenth: A Discussion with McGlinchey’s African American Affinity Group [More with McGlinchey, Ep. 41]

Juneteenth is the oldest commemoration of the ending of slavery in the United States. In the latest episode of More with McGlinchey, we present a recording of an internal panel discussion between members of McGlinchey’s African…more

Heritage & Culture, Holidays, Slavery

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FINRA Adopts Two New Rules Impacting Remote Work by Member Firms and Associated Persons

In a regulatory notice published on January 23, 2024, the Financial Industry Regulatory Authority (FINRA) announced the adoption of two proposed rules, both of which impact how member firms and associated persons approach remote…more

Financial Industry Regulatory Authority (FINRA), Inspections, Pilot Programs, Policies and Procedures, Proposed Rules

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One Unwanted Voicemail Is Enough to Establish Standing under the FDCPA

In Ward v. NPAS, Inc., 63 F.4th 576 (6th Cir. 2023), Plaintiff Ward did not pay as agreed for medical services, and the medical center sent his unpaid bills to a third-party collector, NPAS, Inc. (NPAS). In trying to collect the…more

Cease and Desist, Debt Collection, FDCPA, Intrusion Upon Seclusion, TCPA

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Who is an Independent Contractor? DOL Issues New Rule

The issue of who is an independent contractor can be tricky, particularly in the age of technology. If an employer misclassifies an individual as an independent contractor, there are a number of penalties for which the employer…more

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

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Podcast: Governing an Algorithm? The DeFi and Crypto Enforcement Landscape [More with McGlinchey, Ep. 50]

The regulatory framework for cryptocurrency and DeFi in general is still a little murky. That hasn’t stopped regulatory bodies from bringing enforcement actions against players in this space. What’s on the horizon when it comes…more

Cryptocurrency, Decentralized Finance (DeFi), Enforcement Actions, Risk Assessment

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The Crystal Ball: Compliance predictions for 2022

Welcome to my latest attempt at predicting what next year has in store for the auto finance industry. As I mentioned in last month’s column, there are a number of regulatory themes from 2021 that we can expect to carry over into…more

Automotive Industry, Consumer Financial Protection Bureau (CFPB), Data Privacy, Debt Collectors, Payment Processors

See all updates »

Why We Pursued Mansfield Certification

Readers have likely heard about Diversity Lab’s “Mansfield Rule” Certification process, which aims to “boost and sustain diversity” in legal leadership. As a firm that has always sought diverse candidates for open positions and…more

Certifications, Disabilities, Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership

See all updates »

Podcast: Deep Dive Into Payments: Impacts of Money Transmission Laws [More with McGlinchey, Ep. 59]

The next item in McGlinchey's Deep Dive into Payments Series is a podcast on money transmission by attorneys Jeff Barringer, Amy Greenwood-Field, and Aaron Kouhoupt. Their discussion centers around the impacts of money…more

Cryptocurrency, Financial Institutions, Financial Services Industry, FinCEN, Licensing Rules

See all updates »

CFPB Takes Adverse Action Against Machine Learning

The Consumer Financial Protection Bureau (CFPB) has been contemplating data, algorithms, and machine learning for years. In 2017, as part of a field hearing on alternative data, the CFPB issued a request for information in part…more

Adverse Action, Algorithms, Artificial Intelligence, Consumer Advisory Board, Consumer Financial Protection Bureau (CFPB)

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2024 Cannabis Trademarks and Branding

Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still…more

Agribusiness, Brand, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act

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Podcast: Advice to Summer Clerks [More with McGlinchey, Ep. 57]

Summertime means clerkships in law firms. In this episode, a number of McGlinchey associates who participated in our clerkship program offer sage advice for law students considering or participating in summer associate programs…more

Career Development, Law Clerks, Law Firm Associates, Law Students, Professional Development

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Louisiana employers can be responsible for employees’ garnishments on behalf of creditor

Buried deep in the Louisiana Code of Civil Procedure is a little-known law which gives creditors the right to seek wage garnishments from a borrower’s employer if the borrower fails to satisfy a loan obligation…more

Creditors, Louisiana, Rules of Civil Procedure, Wage Garnishment, Wages

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New York Interest-On-Escrow Law Preempted by National Bank Act

On September 15, 2022, the U.S. Court of Appeals for the Second Circuit ruled in Cantero v. Bank of Am. that the National Bank Act (NBA) preempts a New York law requiring mortgage lenders to pay interest on mortgage escrow…more

Bank of America, Bank Secrecy Act, Dodd-Frank, Escrow Accounts, Mortgage Interest

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Title Searches for Commercial Leases: Know Before You Sign

Companies entering into a commercial lease of real property often minimize the importance of completing a title search. While there may be valid reasons, beyond simply the cost, why a prospective tenant may choose to forego a…more

Commercial Leases, Non-Compete Agreements, Property Owners, Public Records, Purchasers

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Decoding State Commercial Financing Disclosure Laws, Floorplan Financing

Floorplan financing exemptions in the new state commercial financing disclosure laws may not be as broad as lenders think. Following in the footsteps of California in 2018, states across the nation — including Utah,…more

Annual Percentage Rate (APR), Closed-End Loans, Disclosure Requirements, Lease Financing, Non-Bank Lenders

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FTC Issues New Health Products Compliance Guidance

The Federal Trade Commission (FTC) has issued a new Health Products Compliance Guidance document to provide guidance to businesses on how to ensure that claims about the benefits and safety of health-related products are…more

Dietary Supplements, Federal Trade Commission (FTC), Health Claims, Marketing, New Guidance

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Woman’s History Month: Uplift Panel Discussion [More with McGlinchey, Ep. 36]

In honor of Women’s History Month, members of Uplift, McGlinchey’s women’s initiative, gathered for a multi-generational discussion. In this episode of More with McGlinchey, Uplift Co-Chair Kristi Richard speaks with Mary…more

Firm Leadership, Law Firm Associates, Law Firm Partners, Women in the Law

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Texas Politicians Take Aim at Hemp-Derived THC

On April 11, 2024, Texas Lt. Governor Dan Patrick released his 2024 Interim Legislative Charges. This list indicates his goals for the upcoming legislative session, and among his priorities ahead of the 2025 Texas Legislative…more

Agricultural Sector, Cannabidiol (CBD) oil, Cannabis Products, Compassionate Use Act, DEA

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What do recent DOL opinions on FMLA mean for intermittent leave and holidays?

The Family Medical Leave Act (FMLA) allows an employee to take up to 12 weeks of unpaid and job-protected leave for qualifying family and medical reasons. The FMLA also requires employers to maintain health benefits while an…more

Department of Labor (DOL), Family and Medical Leave Act (FMLA), Holidays, Intermittent Leave, Opinion Letter

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Texas Home Equity Lenders: Understanding New Legislative Changes

Release of Liens- One statute specifically affects mortgage servicers and mortgagees. The statute (House Bill 219) adds Section 343.108 to the Texas Finance Code, which requires a mortgage servicer or mortgagee to deliver a…more

Breach Notification Rule, Data Breach, HELOC, Home Equity, Lenders

See all updates »

FTC’s Final Rule Requires Reporting of Data Breaches by Non-Bank Financial Institutions

On October 27, 2023, the Federal Trade Commission (FTC) issued a final rule (Final Rule) to amend the Standards for Safeguarding Customer Information (Safeguards Rule). This amendment will require non-bank financial…more

Data Protection, Federal Trade Commission (FTC), Final Rules, Financial Institutions, Financial Regulatory Reform

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Colorado and Connecticut Set to Debut New Data Privacy Laws on July 1

Beginning July 1, 2023, the Colorado Privacy Act and the Connecticut Personal Data Privacy and Online Monitoring Act will take effect. Following California (in 2020) and Virginia (earlier this year), four states now have enacted…more

Consumer Privacy Rights, Data Privacy, Data Protection, Opt-Outs, Privacy Laws

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Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]

What does the U.S. Supreme Court’s March 25, 2021 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country? In Part 4 of their series on the changing landscape of general…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

See all updates »

When Are My Rewards for Staking Cryptocurrency Taxed?

The IRS recently released Revenue Ruling 2023-14, in which it addresses the tax treatment of cryptocurrency staking rewards. The IRS phases the issue as follows: If a taxpayer that uses a cash method of accounting (cash-method…more

Blockchain, Cryptocurrency, Fair Market Value, Internal Revenue Code (IRC), IRS

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Industry News: Recent Developments Affecting Manufactured Housing

Several industry updates that affect manufactured housing either take effect October 1, 2020, or will be unveiled sometime later this month. Detailed below is a summary of recent developments…more

Borrowers, Building Codes, Consumer Financial Products, HUD, International Chamber of Commerce (ICC)

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Tribal Nations Open Innovative EV Dealer Licenses, Tax Options

An issue that continues to captivate the electric vehicle manufacturing and financing industry is state law that prevents vehicle manufacturers from directly selling vehicles to buyers. In many states, a vehicle must be…more

Automotive Industry, Dealers, Dealerships, Electric Vehicles, Licenses

See all updates »

Client Confidentiality in the Age of Coronavirus [More with McGlinchey Ep. 2]

Confidentiality is fundamental to the client-lawyer relationship. It encourages candid communication between client and lawyer and assists the lawyer in more effectively representing the client. In this episode, McGlinchey…more

Attorney-Client Privilege, Client Communication, Client Services, Confidential Information, Coronavirus/COVID-19

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Maryland Enacts Student Financing Act

On May 8, 2023, Governor Wes Moore of Maryland signed HB 913 into law, creating the Student Financing Act (the Act). Under the Act, “student financing” is defined as an extension of credit to a consumer that is (1) not made,…more

Financing, Higher Education Act, Maryland, Student Loans

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Pregnant Workers Fairness Act: EEOC Regulations Finalized

On December 9, 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The Equal Employment Opportunity Commission (EEOC) issued proposed regulations on August 11, 2023, and stakeholders had sixty (60)…more

Americans with Disabilities Act (ADA), Documentation, Equal Employment Opportunity Commission (EEOC), Family and Medical Leave Act (FMLA), Pregnancy

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New York Cybersecurity Regulation Amended and Expanded

On November 1, 2023, the New York Department of Financial Services (NYDFS) adopted amendments to its Cybersecurity Regulation, 23 NYCRR Part 500 (Cybersecurity Regulation). This is the second amendment (Amendment) to its…more

Amended Regulation, Chief Information Security Officer (CISO), Covered Entities, Cyber Incident Reporting, Cybersecurity

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#WhyMcGlinchey? Path to Partnership with Matt Manning [More with McGlinchey, Ep. 40]

The path to partnership looks different for every lawyer. During today’s installment of the #WhyMcGlinchey Path to Partnership series of the "More with McGlinchey" podcast, Director of Recruiting Margeaux Roush talks with Matt…more

Career Development, Law Firm Associates, Law Firm Partners

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2024 Changes to Eastern District of Louisiana Local Rules

New Orleans’ resident federal court, the Eastern District of Louisiana, made notable changes to its local rules effective January 1, 2024, which impact daily practice for most Eastern District attorneys. First, the amendments…more

Disclosure, Filing Requirements, Louisiana, Misappropriation, Oral Argument

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Why We Pursued Mansfield Certification

Readers have likely heard about Diversity Lab’s “Mansfield Rule” Certification process, which aims to “boost and sustain diversity” in legal leadership. As a firm that has always sought diverse candidates for open positions and…more

Certifications, Disabilities, Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership

See all updates »

A Leadership Perspective on Firm Diversity and Inclusion Efforts [More With McGlinchey Ep. 10]

Diversity and inclusion have been trending topics in the legal world for many years. The recent focus on social justice has cast a spotlight on those efforts. In this episode, McGlinchey’s Managing Member Rodolfo (Rudy) Aguilar…more

Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership, Law Firm Associates, Law Firm Partners

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5th Circuit: Mesothelioma Claim Not Preempted By Federal Statute

On June 12, 2023, the U.S. Court of Appeal for the Fifth Circuit reversed a grant of summary judgment holding a shipyard immune from Louisiana state law tort claims pursuant to the Longshore and Harbor Workers’ Compensation Act…more

Asbestos, Immunity, LHWCA, Mesothelioma, Toxic Exposure

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Agencies Propose Quality Control Standards for AVMs

Mortgage originators and secondary market issuers use automated valuation models (AVMs) in determining the worth of collateral securing mortgages on consumers’ principal dwellings. As part of the Dodd-Frank Wall Street Reform…more

Appraisal, Automated Decision Systems (ADS), Consumer Financial Protection Bureau (CFPB), Data Management, Fair Housing Act (FHA)

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How Law Firms Combat the Great Resignation (Part 2) [More with McGlinchey, Ep. 39]

The Coronavirus’s impact on workplaces has led to what many are calling “The Great Resignation.” It’s impacting every industry nationwide, leaving many employers scrambling to retain and replace employees. In this second…more

Diversity, Labor Shortage, Law Firm Associates, Law Firm Partners, Law Practice Management

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HUD Restores 2013 Discriminatory Effects Rule

On March 17, 2023, in honor of Fair Housing Month, the U.S. Department of Housing and Urban Development (HUD) announced it would reinstate the 2013 discriminatory effects rule (the 2013 Rule) (see 24 C.F.R. § 100.500 (2014))…more

Administrative Procedure Act, Causation, Disparate Impact, Fair Housing Act (FHA), Housing Discrimination

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Vessel Owners: New Sexual Assault, Harassment Obligations under Defense Act Amendments

Under 2023 amendments to the National Defense Authorization Act (NDAA), owners, masters, and managing operators of U.S. documented commercial vessels, are now required to immediately report incidents of harassment, sexual…more

Anti-Retaliation Provisions, Coast Guard, Commercial Vehicles, FBI, NDAA

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Podcast: Dictaphones to Zoom Fatigue: Navigating the Multigenerational Practice of Law [More with McGlinchey, Ep. 49]

The modern law firm counts four generations of workers in its ranks. From the language of pleadings and law libraries to communication styles and work/life balance, what makes these employees different – and how are they more…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Partners

See all updates »

Inside Georgia’s Abandoned Motor Vehicle Act

Many states have laws that provide “super liens” to facilities that tow, repair, and store vehicles. Georgia’s current abandoned motor vehicle statute is an example of how these statutes can put the secured party financing…more

Abandoned Property, Financial Institutions, Foreclosure, Georgia, Lienholders

See all updates »

Corporate Transparency Act Held Unconstitutional

The Corporate Transparency Act (CTA) is unconstitutional, according to a March 1, 2024, ruling by Judge Liles Burke of the U.S. District Court for the Northern District of Alabama. The National Small Business Association (NSBA),…more

Article I, Beneficial Owner, Corporate Transparency Act, Declaratory Judgments, FinCEN

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Podcast: Dictaphones to Zoom Fatigue: Navigating the Multigenerational Practice of Law [More with McGlinchey, Ep. 49]

The modern law firm counts four generations of workers in its ranks. From the language of pleadings and law libraries to communication styles and work/life balance, what makes these employees different – and how are they more…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Partners

See all updates »

Why We Pursued Mansfield Certification

Readers have likely heard about Diversity Lab’s “Mansfield Rule” Certification process, which aims to “boost and sustain diversity” in legal leadership. As a firm that has always sought diverse candidates for open positions and…more

Certifications, Disabilities, Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership

See all updates »

What Should You Do After The Supreme Court Struck Down The CDC’s Second Eviction Moratorium?

The United States Supreme Court upheld the District Court’s judgment vacating the Centers for Disease Control and Prevention’s (CDC) second eviction moratorium that had prevented the eviction of any tenants who live in counties…more

American Rescue Plan Act of 2021, CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction

See all updates »

California’s new legislation takes aim at GAP waivers

California Attorney General Rob Bonta has never minced words in expressing his position that consumers should be protected from guaranteed asset protection (GAP) waivers. This trend continued with his sponsorship of AB 2311,…more

Asset Protection, California, Car Dealerships, Conditional Sale Doctrine, New Legislation

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Massachusetts Supreme Judicial Court Reconsidering Uber’s Pop-Up Terms & Conditions

In January 2024, the Massachusetts Supreme Judicial Court (“SJC”) heard oral arguments in Good v. Uber Technologies, Inc. At issue are Uber’s terms and conditions that the ridesharing application provides its users in a pop-up…more

Arbitration, Damages, Due Diligence, MA Supreme Judicial Court, Terms and Conditions

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Texas Home Equity Lenders: Understanding New Legislative Changes

Release of Liens- One statute specifically affects mortgage servicers and mortgagees. The statute (House Bill 219) adds Section 343.108 to the Texas Finance Code, which requires a mortgage servicer or mortgagee to deliver a…more

Breach Notification Rule, Data Breach, HELOC, Home Equity, Lenders

See all updates »

Federal Reserve Board Adopts Final Version of LIBOR Transition Rule

As previously noted in our August 30, 2022 alert, the Board of Governors of the Federal Reserve System (the FRB) published a proposed regulation to implement the Adjustable Rate (LIBOR) Act (the Act). As explained in the earlier…more

Board of Governors, Federal Reserve, Final Rules, FRB, Lenders

See all updates »

Inside Georgia’s Abandoned Motor Vehicle Act

Many states have laws that provide “super liens” to facilities that tow, repair, and store vehicles. Georgia’s current abandoned motor vehicle statute is an example of how these statutes can put the secured party financing…more

Abandoned Property, Financial Institutions, Foreclosure, Georgia, Lienholders

See all updates »

Podcast: #WhyMcGlinchey? Lateral to Leadership with Mag Bickford [More with McGlinchey, Ep. 64]

After joining McGlinchey in 2016, Mag Bickford has risen to firm leadership, serving on the executive Policy Committee, leading the Labor and Employment practice group, and managing the firm’s largest office in New Orleans. In…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Ownership

See all updates »

Has the FDCPA’s Scope Been Expanded?

What debts are subject to the protections of the FDCPA, the Fair Debt Collection Practices Act (15 U.S.C. §1692)? One would think that funds received through a government program providing hurricane relief would not be, but the…more

Creditors, Debt Collection, Debt Collectors, Debtor-Creditor, Debtors

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EPA’s Long Arm Reach: PFAS TSCA Rule

On October 11, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances…more

Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Reporting Requirements, Toxic Chemicals

See all updates »

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This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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

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

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

California Privacy Rights

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

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

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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