McNees Wallace & Nurick LLC

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100 Pine Street
PO Box 1166
Harrisburg, PA 17108-1166, United States
Phone: 717.232.8000
Fax: 717.237.5300
Areas Of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
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Locations
Other U.S. Locations
  • D.C.
  • Maryland
  • Ohio
  • Pennsylvania
Number of Attorneys
100+ Attorneys

Pennsylvania – “Open for Business” or “Open to Tax”

Governor Wolf and other Pennsylvania lawmakers recently passed the state budget for FY22-23 (the “Budget”). Coming in at $45.2 billion, the negotiations entailed to finalize the Budget appear to be worth the effort by having the…more

Business Taxes, Corporate Taxes, Income Taxes, State Taxes

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Proposed Tax Law Changes

A memo prepared by the House Ways and Means Committee outlining the proposed tax law changes has been released. The memo is accompanied by the actual bills submitted to the House. The memo outlines a variety of proposed…more

Estate Tax, Gift Tax, Income Taxes, Tax Planning, Tax Rates

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

See all updates »

OSHA Issues Emergency Standards for COVID-19 Testing and Vaccination in the Workplace

On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) imposing requirements pertaining to vaccinations,…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, OSHA

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Are Alternative Fee Arrangements the Future of Attorney’s Fees Arrangements in Orphans’ Court Litigation?

The 2016 amendments to the Pennsylvania Supreme Court Orphan’s Court Rules brought a slight shift in Orphan’s Court litigation. Aiming to provide a uniform standard of practice, the new Rules closely align with the Pennsylvania…more

Alternative Fee Arrangements, Attorney's Fees, Orphan's Courts, PA Supreme Court, Rules of Civil Procedure

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Borough of Phoenixville – Partial Sale of Water System

On December 4, 2019, the Borough of Phoenixville, Chester County (“Borough”) closed on the sale of a portion of its water system to Aqua Pennsylvania, Inc. (“Aqua”) for $3.46 million.  Importantly, the Borough will retain full…more

Infrastructure, Municipalities, Public Interest, Public Utilities Commission, Public Utility

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Informed Consent in Pennsylvania – The Supreme Court of Pennsylvania Issues a Wake-Up Call

It has been nearly four months since the Supreme Court of Pennsylvania issued its opinion in the case of Shinal v. Toms. In its opinion, the Court considered the issue of informed consent under Pennsylvania law and issued a…more

Health Care Providers, Informed Consent, PA Supreme Court, Physicians, Standard of Care

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The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a Republican…more

Boeing, Corporate Counsel, Employee Handbooks, Employer Liability Issues, Employment Policies

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Legal Battle Over Energy Savings Continues to Simmer

Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly…more

Demand Response, Electricity, Electricity Costs, Energy Market, Energy Sector

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The Defend Trade Secrets Act: Federalizing Trade Secret Law

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA). The United States House of Representatives voted 410-2 to approve the legislation following the Senate’s earlier unanimous approval of the…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, Private Right of Action

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Pennsylvania Revenue Package Update – Increase in Hotel Tax Now Possible

We are writing to update you on the status of budget negotiations in the Pennsylvania General Assembly. The potential storage tax that we wrote about earlier this week is currently off the table, but current talks include an…more

Hospitality Industry, Hotel Tax, Tax Code

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The Collaborative Law Act

The Collaborative Law Act will take effect on August 27, 2018. Collaborative Law is an alternative dispute resolution practice that allows family members with legal issues to resolve their matters without court involvement…more

Collaboration, Dispute Resolution

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Employers Must Provide "Valuable Consideration" To Current Employees When Entering A Non-Compete Agreement During Employment

In a case of first impression for the appellate courts of this Commonwealth, the Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. that language contained in an employment agreement entered…more

Consideration, Employer Liability Issues, Employer Mandates, Employment Contract, Hiring & Firing

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Limited Tort is Limited Leverage

On September 4, 2020, our Pennsylvania Superior Court issued a legal opinion which shows how much you give up when you choose Limited Tort for your car insurance policy. If you need a reminder of what Limited Tort means, please…more

Auto Insurance, Bodily Injury, Car Accident, Insurance Claims, Policy Terms

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Business Interruption Insurance: An Uncertain Path

As you have undoubtedly heard, the COVID-19 pandemic caused countless businesses to turn to their insurance companies for assistance, making claims under their policies for business interruption coverage. While every insured’s…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Policy Terms

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U.S. Supreme Court Emphasizes Need to Couple IT Safeguards with Written Policies to Safeguard Confidential Data

On June 3, 2021, the U.S. Supreme Court issued an important opinion in Van Buren v. United States, which provided important clarification of the scope of the Computer Fraud and Abuse Act (CFAA).  The CFAA bars unauthorized…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Federal Court Finds Educational Institutions Can Be Held Liable Under Title IX for Actions of Non-Students

In a precedential decision, the United States Court of Appeals for the Third Circuit recently revived a lawsuit against Millersville University, finding for the first time that a university may be held liable under Title IX for…more

Colleges, Corporate Counsel, Educational Institutions, Sexual Harassment, Title IX

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Scope of Pennsylvania's Whistleblower Law Examined

As if Counties could forget that Court employees are just a little different, the Commonwealth Court of Pennsylvania sent us another reminder when the Court held that the Pennsylvania Whistleblower Law does not apply to judicial…more

Hiring & Firing, Investigations, Misappropriation, Probation, Public Employees

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It's Your Business Newsletter -- December 2012

In This Issue: ..Export Controls: Increased Enforcement Demands an Effective Export Compliance Program - United States exporters are subject to an extremely complex and often overlapping system of export laws…more

Affordable Care Act, Board of Directors, Export Controls, Exports

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Phase 3 Grants Announced for Lancaster County Economic Recovery

hase 3 of the Recovery Lancaster grant program will soon make $10 million available for businesses, 501(c)(3) nonprofits and agricultural entities in Lancaster County that continue to suffer sustained financial impact from…more

501(c)(3), CARES Act, Coronavirus/COVID-19, Economic Development

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Takeaways from OCR’s Interim Guidance on Title IX

On September 22, 2017, the Office of Civil Rights (“OCR”) announced guidance describing how OCR will assess Title IX compliance while formal regulations are developed. This interim guidance, plus guidance issued by OCR in 2001…more

Clear and Convincing Evidence, Interim Guidance, OCR, Preponderance of the Evidence, Sexual Conduct

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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McNees Insights Estate Planning News - June 2018

Guardians and Guardianships - Some statistics to consider – according to recent governmental estimates, 8.5% of people worldwide (617 million) are age 65 or older. This is projected to jump to nearly 17% of the world’s…more

Estate Planning, Guardians, IRS, Offshore Funds, OVDP

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PA Attorney General Warning to Pennsylvania Automotive Dealers

March 17, 2022Publications Pennsylvania Attorney General Josh Shapiro has issued a warning to Pennsylvania automotive dealers that there has been an increase in consumer complaints relating to automotive dealership practices to…more

Automotive Industry, Car Dealerships, State Attorneys General

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Driver’s License Please – Article 9 Style

If you are loaning money in Pennsylvania on a secured basis you must use the name of your individual debtor as stated on his/her driver’s license for your financing statement. 13 Pa.C.S.A. § 9503(a)(4). Secured lenders should…more

Article 9, Bankruptcy Court, Debtors, Driver's Licenses, Financial Statements

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Sweeping Privacy Legislation Hits the United States

If your business has customers in California, you will need to comply with the Consumer Privacy Act. On Thursday, June 28, 2018, California enacted its state Consumer Privacy Act, the first state law that will bring…more

Consumer Privacy Rights, Data Security, General Data Protection Regulation (GDPR), Privacy Laws

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McNees 2019 in Review – Trademarks, Copyrights and Patents

From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and patent…more

Copyright, Corporate Counsel, Intellectual Property Protection, Patents, SCOTUS

See all updates »

McNees 2018 in Review – Trademarks, Copyrights and Patents

From big name brawls, to new legislation, to the year of inter partes review, 2018 was a hallmark year for intellectual property law. With so many interesting and informative updates, 2018 has set the bar high for 2019. Let’s…more

Copyright, Fair Use, Inter Partes Review (IPR) Proceeding, ITC, Nike

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Price Gouging – It Could Cost You

The COVID-19 crisis has caused many state Attorney’s General, including the Pennsylvania Attorney General (“PA AG”), to encourage consumers to submit complaints and allegations of price gouging. Rest assured that all such…more

Antitrust Provisions, Antitrust Violations, Coronavirus/COVID-19, Corruption, Goods or Services

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Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation over…more

Competitive Bidding, Municipalities, Private Utility, Public Utility, Wastewater

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2021 In Review: Trademarks, Copyrights and Patents

In late March, Nike Inc. filed suit claiming trademark infringement and dilution in connection with MSCHF Product Inc.’s marketing of a “Satan Shoe” bearing Nike’s trademark. U.S. District Court Judge Eric R. Komitee for the…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Patent Litigation

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Non-deductibility of Expenses Incurred in Connection with PPP Loan Forgiveness

The good news for PPP borrowers is that there is no cancellation of indebtedness taxable income generated by the forgiveness of any of the PPP loan.  The not-so-good news is that on April 30, the IRS issued Notice 2020-32,…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

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PA Medical Marijuana Act Requires “But For” Causation to Succeed on Discrimination Claim, Federal Judge Says

As we shared in past blog posts, the Pennsylvania Medical Marijuana Act (“MMA”) contains an anti-discrimination provision, that prohibits employers from discriminating against an employee “solely on the basis of such employee’s…more

Anti-Discrimination Policies, Employer Liability Issues, Employment Policies, Medical Marijuana

See all updates »

Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

See all updates »

Monetizing “Passive” Public Assets with Solar Projects

Monetization is the process of converting assets into economic value. Looking for more options to generate revenue, municipalities have begun using solar projects to help monetize formerly “passive” or unused public assets, such…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy

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Legal Project Management

In this podcast, Nicole Fiamingo of McNees discusses her role and responsibilities as a Legal Project Management Coordinator…more

Alternative Fee Arrangements, Automation Systems, Business Development, Client Services, Law Firm Ownership

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Further Guidelines on PPP Loans

On November 18, 2020, the U.S. Treasury Department and IRS released further guidelines on the tax treatment of expenses paid with funds from PPP loans. After IRS Notice 2020-32 (released in April 2020) provided that no deduction…more

CARES Act, Coronavirus/COVID-19, IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

PPP Fraud Compliance: The Best Payroll Protection A Company Can Have

After nearly a year of crushing pandemic-related shutdowns and business interruptions, companies facing serious financial challenges are beginning to see the light at the end of the COVID-19 tunnel. Vaccine distribution is…more

CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, Fraud

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Tie Goes To The...

Most people know the baseball saying that “a tie goes to the runner.” But who wins if there is a tie in the votes of the judges who are deciding an appellate matter? This article addresses how a case can have a tie vote on…more

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Seven Lessons to be Learned from Recent SEC Enforcement Actions Involving Municipal Bond Financings

Since September 2021, the United States Securities and Exchange Commission (the SEC) has brought five enforcement actions regarding municipal bond financings. The issuers of these bonds are Sweetwater Union High School District…more

Enforcement Actions, Municipal Bonds, Municipal Securities Issuers, SEC

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Masks for Employees During the COVID-19 Pandemic?: White House, Governor Wolf Recommend Masks for the Public and OSHA Issues Guidance for Employers

As many employers adjust to operate during the COVID-19 pandemic and strive to protect their workers, the federal government and states are scrambling to ensure healthcare workers and first responders have an adequate supply of…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, OSHA, Personal Protective Equipment

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2021 In Review: Trademarks, Copyrights and Patents

In late March, Nike Inc. filed suit claiming trademark infringement and dilution in connection with MSCHF Product Inc.’s marketing of a “Satan Shoe” bearing Nike’s trademark. U.S. District Court Judge Eric R. Komitee for the…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Patent Litigation

See all updates »

2021 In Review: Trademarks, Copyrights and Patents

In late March, Nike Inc. filed suit claiming trademark infringement and dilution in connection with MSCHF Product Inc.’s marketing of a “Satan Shoe” bearing Nike’s trademark. U.S. District Court Judge Eric R. Komitee for the…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Patent Litigation

See all updates »

McNees Litigation News - July 2019

SCOTUS Class Action Update: Consumers Get Another Bite at Apple Profits for Alleged Antitrust Violations - On May 14th, in an opinion authored by Justice Kavanaugh, the Supreme Court of the United States gave consumers the…more

Antitrust Violations, Apple, Class Action, SCOTUS, Sherman Act

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New Law to Govern Pennsylvania Entities

Effective February 21, 2017, Pennsylvania law will change significantly for business corporations, nonprofit corporations, and especially for limited liability companies (“LLCs”), limited partnerships (“LPs”), limited liability…more

Charging Orders, Derivative Suit, General Partnerships, Limited Liability Company (LLC), Limited Partnerships

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Valuing a Closely Held Business in Divorce: Pitfalls and Best Practices

Valuing a closely held business can be a complex endeavor, requiring a through analysis of assets, financial statements, financial claims, earning potential and inherent risks. A host of other factors can also influence the…more

Business Valuations, Divorce, Fair Market Value, Marital Assets, Privately Held Corporations

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New I-9 Form Required May 1, 2020 – Relaxed Standards For Employer Review Of Employee Documents Remains In Effect

I-9 For - With all the changes to business operations due to COVID-19, it is still important that we pay attention to the non-COVID-related changes that continue to occur in the employment world.  The new I-9 form has been…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9, Hiring & Firing

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Seed Investment Structures for Startups: the SAFE (Simple Agreement for Future Equity)

Convertible notes are popular financing instruments for structuring seed-stage investments because they offer a simple, cost effective means of documenting seed capital investments. The “Simple Agreement for Future Equity”…more

Capital Investments, Equity Financing, SAFE, Seed Financing

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Department of Labor Issues New FMLA Forms, Questions and Answers, and a Request for Information

On July 16, 2020, the U.S. Department of Labor (“DOL”) released a series of new forms that can be used by employers and leave administrators related to the Family and Medical Leave Act (“FMLA”).  The DOL claims the new forms are…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, FMLA, Required Forms

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Commonwealth Court Denies Manufacturing Exclusion and Help Supply Services for Sales and Use Tax

In Quality Driven Copack, Inc. v. Commonwealth of Pennsylvania, No. 879 F.R. 2013 (decided December 29, 2021) (opinion not reported), the Pennsylvania Commonwealth Court (the “Commonwealth Court”) held that for the Taxpayer to…more

Exclusions, Manufacturers, Sales & Use Tax, State Taxes

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ARPA Reporting Due April 30, 2022!

The American Rescue Plan Act (“ARPA”) was enacted in March 2021 providing an unprecedented $1.9 trillion in direct relief to combat the effects Covid-19, whether it be negative economic impacts, public health implications,…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Relief Measures, Reporting Requirements

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Murr v. Wisconsin: Defining the Property Affected by a Regulatory Taking

The Supreme Court of the United States recently decided the case Murr v. Wisconsin, No. 15-214 (June 23, 2017), which laid out a new test for determining whether separate parcels of land should be evaluated as a single parcel in…more

Eminent Domain, Land Parcels, Murr v Wisconsin, Property Owners, Regulatory Takings

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SEC Finds That Internet Sales of Tokens and Virtual Coins Are Subject To Federal Securities Laws

On July 25, 2017 the United States Securities and Exchange Commission (“SEC”) released a report on its investigation of an organization involved in selling digital assets (so-called virtual coins or tokens). Its findings serve…more

Blockchain, Initial Coin Offering (ICOs), SEC, Token Sales, Virtual Currency

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E-mails—not quite formal but not informal, bridging the gap in communication

We have all seen the memes on social media that jokingly offer instructions for how to professionally express yourself in an e-mail. Perhaps the most universal suggestion is “per my last e-mail,” meaning that the sender already…more

Electronic Communications, Email, Productivity, Written Communications

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PA Attorney General Warning to Pennsylvania Automotive Dealers

March 17, 2022Publications Pennsylvania Attorney General Josh Shapiro has issued a warning to Pennsylvania automotive dealers that there has been an increase in consumer complaints relating to automotive dealership practices to…more

Automotive Industry, Car Dealerships, State Attorneys General

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The NLRB’s Joint Employer Standard, Part III? Part IV? Part V?

For several years we have been providing updates on the Obama-era National Labor Relations Board’s rather employer-unfriendly joint employer standard. We have yet another. We believe the final episode in this saga should be…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Joint Employers

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PA Medical Marijuana Act Requires “But For” Causation to Succeed on Discrimination Claim, Federal Judge Says

As we shared in past blog posts, the Pennsylvania Medical Marijuana Act (“MMA”) contains an anti-discrimination provision, that prohibits employers from discriminating against an employee “solely on the basis of such employee’s…more

Anti-Discrimination Policies, Employer Liability Issues, Employment Policies, Medical Marijuana

See all updates »

Responding to #MeToo: Black Dresses, White Roses and Legislative Initiatives

In the months since the Harvey Weinstein scandal, there have been countless efforts to raise awareness of workplace sexual harassment. Actresses donned black dresses at the Golden Globe Awards earlier this month to promote…more

Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues, Employment Policies

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Further Guidelines on PPP Loans

On November 18, 2020, the U.S. Treasury Department and IRS released further guidelines on the tax treatment of expenses paid with funds from PPP loans. After IRS Notice 2020-32 (released in April 2020) provided that no deduction…more

CARES Act, Coronavirus/COVID-19, IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

Creating ESOPs: 6 Essential Questions For Successful Employee Stock Ownership Plans

The Baby Boomer business owner has worked hard for a lifetime. The company is thriving. But retirement is in sight, and a big question looms: How do I convert a lifetime of hard work into a comfortable retirement income?…more

Baby Boomers, Closely Held Businesses, ESOP, Liquidity, Retirement

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City of Philadelphia’s 2018 Real Estate Tax Assessments are Unconstitutional

On June 8, 2022, the Pennsylvania Supreme Court denied the City of Philadelphia’s (the “City”) Petition for Allowance of Appeal from the decision of the Commonwealth Court in Duffield House Assocs., L.P. v. City of Phila., 260…more

PA Supreme Court, Property Owners, Property Tax, Tax Assessment

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Anatomy Of A Bond Issue: The Participants And The Steps

For many local government officials and solicitors in Pennsylvania, a bond issue is a rare occurrence perceived to be shrouded in mystery. Like most things in life, it is only mysterious because it is unfamiliar. Once you…more

Bonds, Municipal Bonds, SEC

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Table for Two: Food and Beverage Industries Face Common Challenges

Seeing the explosive growth of craft breweries, a long-time coffee producer considers expanding into the lucrative beer market. That migration to craft-beer production is part of a growing wave. Across the U.S., one to two…more

Beverage Manufacturers, Breweries, Corporate Branding, FDA, Food Labeling

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Forum Selection Clause Precludes IPR—Non Conveniens Becomes Impossibilis

Forum selection provisions appear (or are at least proposed) in all types of agreements and often provoke disagreement in negotiations because of the potential for a real or perceived strategic advantage of a particular court or…more

Forum Selection, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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The Collaborative Law Act

The Collaborative Law Act will take effect on August 27, 2018. Collaborative Law is an alternative dispute resolution practice that allows family members with legal issues to resolve their matters without court involvement…more

Collaboration, Dispute Resolution

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Supreme Court Excuses Inadvertent Mistakes in Copyright Registration

The U.S. Supreme Court recently ruled that certain types of inadvertent mistakes will not void a copyright registration. In an opinion published February 24, 2022, the Court held lack of either factual or legal knowledge can…more

Copyright, Copyright Applications, Copyright Litigation, Copyright Registration, SCOTUS

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OSHA Withdraws COVID-19 Vaccination or Testing ETS

As explained in our previous post, on January 13, 2022, the United States Supreme Court blocked the OSHA vaccination or testing Emergency Temporary Standard (“ETS”) pending full consideration of the matter by the Sixth Circuit…more

Coronavirus/COVID-19, Employer Mandates, Infectious Diseases, OSHA, Vaccinations

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Vaccine Premium Differentials Are Permissible Under Wellness Plans and No Cost Shares Allowed for Authorized Vaccines and Boosters

A recently published FAQ prepared by the Departments of Labor, Health and Human Services and Treasury answers frequently asked questions regarding vaccine premium differentials and HIPAA nondiscrimination rules, as well as the…more

Coronavirus/COVID-19, HIPAA, Infectious Diseases, Vaccinations

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LIBOR Regulator Announces Definitive LIBOR Cessation Guidance

On November 30, 2020 UK and US regulators published a series of statements providing guidance and milestones for the transition away from LIBOR and cessation of LIBOR rate publication…more

Banking Sector, Benchmarks, Libor, UK

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McNees 2019 in Review – Trademarks, Copyrights and Patents

From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and patent…more

Copyright, Corporate Counsel, Intellectual Property Protection, Patents, SCOTUS

See all updates »

McNees Litigation News - April 2019

Copyrighting Your Body: A Defense Against Revenge Pornography - When personal, intimate photographs or videos become exposed to the public via websites or other media, victims suffer immense loss and seemingly have little…more

Communications Decency Act, Copyright, DMCA, Personally Identifiable Information, Revenge Porn

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OSHA Issues Revised COVID-19 Guidance on Protecting Workers

On June 10, 2021, OSHA released a revised version of its Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Workplace Guidance”). This Guidance was issued simultaneously with the…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, General Duty Clause, Health and Safety

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OSHA Issues Revised COVID-19 Guidance on Protecting Workers

On June 10, 2021, OSHA released a revised version of its Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Workplace Guidance”). This Guidance was issued simultaneously with the…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, General Duty Clause, Health and Safety

See all updates »

Latrobe, PA: From Green Bottles to Green Charging Stations

Latrobe. As a kid growing up in Western PA, it has always meant Steelers’ preseason football camp. In my 20s, “33” and Rolling Rock’s green pony bottles – “from the glass lined tanks of Old Latrobe” – stole the limelight…more

Charging Stations, Electric Vehicles, Urban Planning & Development, Zoning Laws

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

See all updates »

EEOC Will Cease Collecting EEO-1 Component 2 Pay Data

The Equal Employment Opportunity Commission (EEOC) announced on September 11, 2019 that it will not be seeking renewal for collection of EEO-1 Component 2 pay data, which requires employers with 100 or more employees to submit…more

Comment Period, Data Collection, Deregulation, EEO-1, EEOC

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Old is New: History Repeats Itself

You may recall that in late 2011, we published the article, “Five Persistent Trends Affecting Automobile Dealers.” While the specifics may have changed, many of the trends continue to persist and affect dealers. This is a…more

Audits, Automobile Recall, Automotive Industry, Automotive Loans, Car Dealerships

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Historical drops in Common Level Ratios Should have Commercial Pennsylvania Property Owners Contemplating Annual Assessment Appeals for the 2023 Tax Year

With historical drops in common level ratios throughout Pennsylvania’s 67 counties from last year to this year, commercial or industrial property owners should be reviewing their assessed values for potential reductions for the…more

Property Owners, Property Tax, Property Valuation, Tax Assessment

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

See all updates »

Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

See all updates »

PA Attorney General Warning to Pennsylvania Automotive Dealers

March 17, 2022Publications Pennsylvania Attorney General Josh Shapiro has issued a warning to Pennsylvania automotive dealers that there has been an increase in consumer complaints relating to automotive dealership practices to…more

Automotive Industry, Car Dealerships, State Attorneys General

See all updates »

Supreme Court Reverses Federal Circuit on Two Key Patent Issues

On June 2, 2014, the Supreme Court decided two closely-watched patent cases, unanimously reversing the U.S. Court of Appeals for the Federal Circuit and making it easier to defend some claims of patent infringement…more

Akamai Technologies, Appeals, Claim Construction, Direct Infringement, En Banc Review

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The Fair Chance Act: Federal Contractors and Federal Agencies Will Have to Ban the Box

Federal government contractors will need to be aware of the Fair Chance Act, a recently enacted statute that is scheduled to go into effect on December 20, 2021.  The Act is a “ban-the-box” law that prohibits covered employers…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records

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Steelton Borough Authority – Sale of Water Assets

On October 9, 2019 Steelton Borough Authority (Authority) closed on the sale of its water assets to Pennsylvania-American Water Company for $21.750 million in cash and $35.7 million in committed capital improvements. As a part…more

Public Finance, Public Utilities Commission, Utilities Sector, Water

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Philadelphia Publishes FAQs Addressing Expiration of Its Temporary Nexus Waiver

In February, the City of Philadelphia published FAQs regarding expiration of the temporary nexus waiver that had been in place during the COVID-19 pandemic. During the pandemic, the City had temporarily waived its legal nexus…more

Income Taxes, Local Taxes, Nexus

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Pennsylvania Begins Debate Over Greenhouse Gas Reductions – How Governor Wolf’s Executive Order On The Regional Greenhouse Gas Initiative (RGGI) Impacts Commonwealth Consumers

On October 3, 2019, Pennsylvania Governor Tom Wolf issued Executive Order No. 2019-07 titled Commonwealth Leadership in Addressing Climate Change through Electric Sector Emissions Reductions. The Executive Order requires the…more

Climate Change, Executive Orders, Greenhouse Gas Emissions, RGGI

See all updates »

Legal Battle Over Energy Savings Continues to Simmer

Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly…more

Demand Response, Electricity, Electricity Costs, Energy Market, Energy Sector

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American Motion Sickness: The Seesaw of Labor Availability

Despite our best attempts to suppress the memory, we all remember it well. Just over two years ago, the pandemic triggered state-ordered shutdowns. Our economy obviously slowed to a crawl, and employers everywhere immediately…more

CARES Act, Employer Liability Issues, Hiring & Firing, Wage and Hour

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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What are ESG Bonds and Green Bonds and Should You Consider Issuing Them?

When an investment banker is marketing the bonds of your municipality, authority or school district, the more investors that show interest in purchasing your bonds, the lower your interest rate will be on those bonds…more

Clean Energy, Energy Projects, Environmental Social & Governance (ESG), Green Bonds, Investors

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The Pennsylvania Fish and Boat Commission: Fishing for Landowners to Execute Conservation Easement Agreements

The Pennsylvania Fish and Boat Commission (the “Commission”) recently announced that it is looking for Pennsylvania landowners with stream frontages to enter into conservation easement agreements in exchange for a one-time…more

Conservation Easements, Easements, Land Owners, State and Local Government

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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Maryland’s eSports Act to Take Effect this Year

On April 30, 2019, Governor Larry Hogan approved the eSports Act, which provides legal recognition and regulation to Maryland eSports competitions.  Previously, it was not clear whether eSports competitions constituted gambling…more

eSports, Gambling, Video Games

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EEOC Issues Guidance on Using Artificial Intelligence in the Hiring Process

At our 31st Annual Labor and Employment Law Seminar, there was a panel discussion regarding the War for Talent. As part of that presentation, we reviewed some of the new and creative application processes that employers are…more

Artificial Intelligence, EEOC, Employer Liability Issues, Hiring & Firing, Job Applicants

See all updates »

Senate Passes Bill to Prohibit Forced Arbitration in Sexual Assault and Sexual Harassment Claims

Many employers require their workers to sign arbitration agreements at the outset of employment, and it’s no wonder why.  These agreements allow employers to require arbitration of many employment-related disputes, rather than…more

#MeToo, Arbitration, Federal Arbitration Act, Mandatory Arbitration Clauses, Sexual Assault

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COVID-19 Update from the Pennsylvania Liquor Control Board

As Pennsylvanians are now all aware, Governor Wolf has indicated that he intends to use a phased approach in lifting his previously-issued emergency declaration designating counties as “red,” “yellow,” or “green” counties. …more

Administrative Agencies, Coronavirus/COVID-19, Liquor Control Boards, Re-Opening Guidelines, Retail Market

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Amendments to the MPC Clarify Municipal Bonding Requirements

Kicking off 2022, we can celebrate a win for builders and developers with the enactment of PA Senate Bill 208, which was signed into law by Governor Wolf on December 22, 2021…more

Land Developers, Municipal Bonds, Municipalities, Urban Planning & Development

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OSHA Issues Coronavirus Guidance for Employers

Coronavirus (COVID-19) has dramatically changed our daily lives, at least for now and the foreseeable future. What tomorrow (or the next hour) will bring is a bit uncertain.  In an effort to assist employers faced with unique…more

Best Practices, China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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Two Neighboring States Recently Joined a Growing Movement to Provide Paid Family Leave

Maryland and Delaware recently joined the growing list of states that have enacted legislation requiring employers to offer paid family and medical leave. Both states are still working on implementing regulations for the new…more

Employer Liability Issues, Paid Family Leave Law, Paid Time Off (PTO), State Labor Laws, Wage and Hour

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CARES Act: Financial Relief For Nonprofit Organizations

As employers continue to navigate the uncertainty of COVID-19’s financial impact on their organizations, many eligible business owners are taking advantage of emergency loan opportunities made available by the Coronavirus Aid,…more

501(c)(3), CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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6 ways to build a foundation for a development project

The best laid development plans often go astray. When a new commercial or housing development, warehouse or other major project is on the drawing board for a Pennsylvania community, project leaders must look at far more…more

Construction Industry, Construction Project, Real Estate Development, Real Estate Market

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Pennsylvania Broadband Development Authority to Oversee Disbursement of $100 Million in Federal Infrastructure Funds

Pennsylvania recently created the Pennsylvania Broadband Development Authority (the “Authority”) to oversee broadband deployment to unserved and underserved areas in Pennsylvania and to authorize grant awards from the $100…more

Broadband, Federal Funding, Infrastructure, Telecommunications

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Are Shooting Ranges Protected Under the Second Amendment?

In an earlier blog post, we discussed how the Commonwealth Court found that a Stroud Township ordinance prohibiting the unauthorized discharge of firearms in the Township did not pass constitutional muster. The Township only…more

Firearms, Gun Laws, Second Amendment

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President Biden Issues Executive Order and Announces Plans for Mandatory Vaccination Requirements for Federal Contractors, Large Employers, and Others

President Biden announced new strategies yesterday to combat COVID-19. The President’s plan includes requiring that federal contractors mandate that their employees be vaccinated against COVID-19 and that all private companies…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Federal Employees

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Seven Lessons to be Learned from Recent SEC Enforcement Actions Involving Municipal Bond Financings

Since September 2021, the United States Securities and Exchange Commission (the SEC) has brought five enforcement actions regarding municipal bond financings. The issuers of these bonds are Sweetwater Union High School District…more

Enforcement Actions, Municipal Bonds, Municipal Securities Issuers, SEC

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New Legislation Eases “PPP” Loan Forgiveness Restrictions

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”). As the name suggests, the Flexibility Act provides PPP loan borrowers (“Borrowers”) with…more

CARES Act, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Vaccine Premium Differentials Are Permissible Under Wellness Plans and No Cost Shares Allowed for Authorized Vaccines and Boosters

A recently published FAQ prepared by the Departments of Labor, Health and Human Services and Treasury answers frequently asked questions regarding vaccine premium differentials and HIPAA nondiscrimination rules, as well as the…more

Coronavirus/COVID-19, HIPAA, Infectious Diseases, Vaccinations

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Emergency Engines – Promised EPA Rule Relaxes Allowance for Emergency Engines to Operate Under Demand Response Programs, But Limits Peak Shaving

On January 14, 2013, EPA signed final revisions to the RICE NESHAP (and related NSPS for consistency) allowing for expanded use of emergency engines in non-emergency situations. The action bans peak shaving by emergency engines…more

EPA, Power Companies, RICE NESHAP

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Floating Restaurants: One and Done or More to Come?

On June 7, 2022, Taco Bell opened its newest location in Brooklyn Park, Minnesota, a suburb of Minneapolis. Unlike other Taco Bell locations, the Brooklyn Park restaurant offers exclusively drive-through services with no…more

Fast-Food Industry, Parking Lots, Restaurant Industry, Taco Bell, Zoning Laws

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Why ESG Bonds and Green Bonds May Help Colleges and Universities with Their Sustainability Plans

As colleges and universities develop and implement sustainability plans to reduce their carbon footprint, there remains the question as to how to fund these sustainability plans. Some colleges and universities look to federal…more

Colleges, Environmental Social & Governance (ESG), Sustainability, Universities

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More Families First Guidance Emerges – Including The Small Business Exemption

While the world was still discussing Friday’s passage of the landmark stimulus CARES Act, the Department of Labor issued additional guidance regarding the Families First Coronavirus Response Act…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Health Care Providers

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L&I Report Sets its Sights on Misclassified Construction Workers

A recent report from a Pennsylvania Department of Labor & Industry task force describes the economic impact of worker misclassification in Pennsylvania and makes several significant recommendations to the legislature.  These…more

Construction Workers, Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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Maryland Renewable Energy Legislation Will Impact Energy Costs

On April 8, 2019, the Maryland General Assembly passed Senate Bill 516 (SB 516), which has been entitled the Clean Energy Jobs Act. This legislation now moves on to Governor Hogan’s desk for review. The Governor may support…more

Clean Energy, Renewable Energy, SREC

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McNees 2019 in Review – Trademarks, Copyrights and Patents

From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and patent…more

Copyright, Corporate Counsel, Intellectual Property Protection, Patents, SCOTUS

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