Miller Canfield

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150 West Jefferson
Suite 2500
Detroit, Michigan 48226, United States
Contact: Carol Lundberg, Manager, Global Branding and Media
Phone: 313.496.7813
Fax: 313.496.7500
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • Illinois
  • Michigan
  • New York
  • Ohio
Other Countries
  • Canada
  • China
  • Mexico
  • Poland
Number of Attorneys
100+ Attorneys

The Escalating Split Over the Right to Obtain Discovery in the U.S. For Use in Private International Arbitrations Seated Outside the Country

Parties involved in litigation outside the United States have long had at their disposal a useful tool for obtaining American-style discovery in the U.S. 18 U.S.C. § 1782(a) of the United States Code authorizes a United States…more

28 U.S.C. § 1782, Arbitration, Corporate Counsel, DIFC, Discovery

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Department of Labor Proposes Another New Overtime Rule

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking, proposing changes to the salary threshold for the white collar exemptions under the Fair Labor Standards Act (FLSA). If the proposed rule from March 7th,…more

DOL, Exempt-Employees, FLSA, Highly Compensated Employees, Minimum Salary

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Securities Regulators Issue Guidance to Financial Advisors and Firms on Disclosures, Investigations and Enforcement Actions During the Coronavirus Pandemic

On May 5, 2020, the U.S. Securities and Exchange Commission (“SEC”) issued broad modified guidance on its regulation and enforcement of the markets during the coronavirus (COVID-19) pandemic. The Financial Industry Regulatory…more

Coronavirus/COVID-19, Disclosure Requirements, Enforcement, Financial Adviser, FINRA

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Recent and Upcoming Changes to Bankruptcy Law That Affect Your Rights as a Creditor

The Small Business Reorganization Act of 2019 ("SBRA"), the Honoring American Veterans in Extreme Need ("HAVEN") Act, and the Family Farmer Relief Act were enacted into law on August 23, 2019. This alert summarizes these changes…more

Amended Legislation, Bankruptcy Code, Bankruptcy Preferences, Chapter 11, Chapter 12

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Practice Pointer: Words Matter

In prior practice pointers, we discussed how a statute of frauds provides protection for financial institutions and how a prenegotiation agreement also can provide protection. Do these mean that you can write or say whatever you…more

Client Communication, Commercial Bankruptcy, Digital Communications, Distressed Debt, Financial Institutions

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MDHHS Director Issues Emergency Order Addressing Gatherings, Face Coverings, Worker Protection and Contact Tracing

On October 9, 2020, the Director of the Michigan Department of Health and Human Services issued an emergency order reinstating some, but not all, of the restrictions contained in Governor Whitmer's COVID-19 emergency orders that…more

Coronavirus/COVID-19, Emergency Management Plans, Emergency Response, Executive Orders, Governor Whitmer

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Federal Reserve’s Main Street Lending Program: What Businesses Need to Know to Prepare

On April 9, 2020, the Federal Reserve, acting under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section 13(3) of the Federal Reserve Act (12 USC §344), announced the creation of a new “Main Street…more

CARES Act, Coronavirus/COVID-19, Credit Facilities, Federal Reserve, Financial Stimulus

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Counties May Not Retain Excess Tax Foreclosure Proceeds, Michigan Supreme Court Holds

On July 17, 2020, the Michigan Supreme Court in Rafaeli, LLC v Oakland County held that the retention of excess tax foreclosure proceeds by county treasurers from tax auctions constitutes "an unconstitutional taking without just…more

Auction, Foreclosure, MI Supreme Court, Property Tax, Tax Assessment

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COVID-19: Act Quickly to Apply for Michigan Small Business Loans and Grants (Update)

Michigan small businesses affected by COVID-19 may now apply for loans and grants through the Michigan Economic Development (MEDC) website. Earlier this month, we published an alert detailing the $20 million State of Michigan…more

Coronavirus/COVID-19, Economic Development, Grants, Relief Measures, Small Business

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Bankruptcy Court Says Force Majeure Clause Partially Excuses Rent Payment Due To COVID-19 Executive Order

Restaurants, retail stores, and other businesses around the country have been uniquely hit by COVID-19 - and by the executive orders shuttering their in-person services that quickly followed in its wake. Recently, the United…more

Business Closures, Chapter 11, Commercial Bankruptcy, Commercial Leases, Contract Terms

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Amendments to Poland's Income Tax Laws Effective Jan. 1, 2018

Poland recently amended its Corporate Income Tax law, effective Jan. 1, 2018. The Polish Government announced that the objectives of the amendment are to ensure that taxes paid by large companies, especially multinational…more

Amended Regulation, Anti Tax Avoidance Directive (ATAD), Corporate Taxes, EU, Poland

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Visa Bulletin Released – Are You Eligible to Apply for a Green Card in October?

On September 24, 2020, the Department of State published the October Visa Bulletin, the first of the new government fiscal year (FY 2021). USCIS announced on the same day that it would utilize the "Dates for Filing of…more

China, Foreign Nationals, Green Cards, Immigration Procedures, India

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DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, DOL, Fiduciary Duty, Final Rules, Investment Adviser

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Michigan’s Receivership Act: No Longer Just for Commercial Real Estate

The Uniform Commercial Real Estate Receivership Act (“UCRERA”), adopted by Michigan in 2018, originally applied only to receiverships over commercial real estate. An amendment effective October 15, 2020, shortens the name of the…more

Commercial Loans, Commercial Real Estate Market, Creditors, Industrial Space, Receivership

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Protecting Your Brand: 3 Resolutions for the New Year

'Tis the season of making resolutions for the new year, and there are undoubtedly many goals you’re considering to make 2020 a successful year. While you're making your list, and checking it twice, here are the top three things…more

Brand, Corporate Branding, Intellectual Property Protection, Personal Brands, Risk Management

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Bankruptcy Court Says Force Majeure Clause Partially Excuses Rent Payment Due To COVID-19 Executive Order

Restaurants, retail stores, and other businesses around the country have been uniquely hit by COVID-19 - and by the executive orders shuttering their in-person services that quickly followed in its wake. Recently, the United…more

Business Closures, Chapter 11, Commercial Bankruptcy, Commercial Leases, Contract Terms

See all updates »

Michigan Remote Electronic Notarization Law

A new Michigan law may streamline real estate transactions by allowing remote electronic notarization. The law, Act 330 of 2018, was signed by Gov. Rick Snyder on June 28, 2018. It amends the Michigan Notary Public Act and…more

New Regulations, Notary Certificates, Real Estate Transactions, Title Companies

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U.S. Supreme Court Rules That Nonsignatory to International Arbitration Agreement May Compel Arbitration

Can your business be compelled to defend an international arbitration brought by an entity with whom you never agreed to arbitrate? On June 1, 2020, a unanimous United States Supreme Court answered this question in the…more

Arbitration, Arbitration Agreements, Contract Terms, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments

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Emergency Managers Not Authorized To Rubber Stamp Prior Acts of Local Officials

In a first-of-its-kind case, a panel of the Michigan Court of Appeals has ruled that an Emergency Manager (EM) is not authorized by either Act 4 or Act 436 to ratify prior acts of a local government official, even where he may…more

Appeals, Emergency Managers, Government Officials, Municipalities, Ratification

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Michigan Ban on School Employee Union Dues Deductions Legal

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. …more

Public Schools, Union Dues, Unions

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Michigan Becomes the 24th “Right-To-Work” State

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it…more

NLRA, Right to Work

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COVID-19: Patent and Trademark Office Updates as of June 8, 2020

Miller Canfield is actively tracking the current status of operations of numerous Patent and Trademark Offices (PTOs) around the world in the light of the novel coronavirus (COVID-19) pandemic. Below is a chart that shows the…more

Coronavirus/COVID-19, Patents, Trademarks

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New Requirements for Foreigners Filing Company Financial Statements in Poland

A recent amendment to Poland's National Court Register (KRS) introduced several significant changes affecting foreign companies operating in Poland. Of most significance is the new requirement that company financial statements…more

Corporate Governance, Filing Requirements, Financial Statements, Foreign Nationals, Poland

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Environmental Due Diligence in Real Estate Transactions During the COVID-19 Crisis

COVID-19 and Baseline Environmental Assessment Timing - Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental…more

Coronavirus/COVID-19, Due Diligence, Environmental Assessments, EPA, Real Estate Transactions

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COVID-19 Developments in Qatar

The Government of Qatar, acting through various ministries and agencies, continues to monitor the spread of the novel coronavirus (COVID-19) and has implemented a coordinated set of measures to prevent the spread of COVID-19…more

Coronavirus/COVID-19, Emergency Management Plans, Qatar, Relief Measures, State of Emergency

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For-Profit Schools Ruled Exempt From Michigan Personal Property Tax

In a departure from past interpretation, the Michigan Supreme Court issued a ruling on May 1, 2017 expanding the use of personal property tax exemptions available to for-profit institutions. In SBC Health Midwest, Inc. v City of…more

Educational Institutions, For Profit Education, Personal Property Tax, Tax Exemptions

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Michigan Campaign Finance Act: Do's and Don'ts for School Districts

School district board members, administrators and employees are required to abide by the Michigan Campaign Finance Act. The Act prohibits the contribution of public funds or resources to a campaign for a candidate or ballot…more

Campaign Contributions, Public Funds, Public Schools, School Districts

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Environmental Due Diligence in Real Estate Transactions During the COVID-19 Crisis

COVID-19 and Baseline Environmental Assessment Timing - Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental…more

Coronavirus/COVID-19, Due Diligence, Environmental Assessments, EPA, Real Estate Transactions

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Michigan's Securities Regulator Issues New Rules, Including a New Private Fund Adviser Registration Exemption

The Corporations, Securities, & Commercial Licensing Bureau of the Michigan Department of Licensing and Regulatory Affairs ("the Bureau") has issued new Securities Rules interpreting and enforcing the Michigan Uniform Securities…more

Exemptions, Investment Adviser, Investment Funds, Private Investment Funds, Registration Requirement

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OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. OSHA…more

Citations, Congressional Review Act, OSHA, Recordkeeping Requirements, Statute of Limitations

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COVID-19: Continuity of Learning for K-12 Students under Executive Order 2020-35

As anticipated, on April 2, 2020, Governor Whitmer issued Executive Order 2020-35 (the “Order”) regarding the provision of K-12 education in Michigan for the remainder of the 2019-20 school year. The 17-page order, in short,…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Department of Education, Emergency Response, Executive Orders

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Michigan Campaign Finance Act: Do's and Don'ts for School Districts

School district board members, administrators and employees are required to abide by the Michigan Campaign Finance Act. The Act prohibits the contribution of public funds or resources to a campaign for a candidate or ballot…more

Campaign Contributions, Public Funds, Public Schools, School Districts

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Community Colleges Must Report Debt Revenue Loss By Friday Under Michigan Personal Property Tax Reform

Recent reforms to the Michigan personal property tax require community colleges to report their debt revenue loss to the Michigan Department of Treasury by September 5, 2014…more

Community Colleges, Personal Property Tax, Reporting Requirements

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Illinois Open Meetings Act Amended to Allow Meetings Without A Physical Quorum

On June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public Act 101-0640 which, among other matters, amends Section 7 of the Open Meetings Act to allow meetings of members of a public body subject to the Act to…more

Amended Legislation, Coronavirus/COVID-19, Governor Pritzker, Open Meetings Act, Public Entities

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Process and Form of Filing Annual Qualifying Statement Revised

Earlier this month, the Michigan Department of Treasury issued Bulletin 6 implementing revisions to the application form and method of filing for the annual Qualifying Statement. The Revised Municipal Finance Act, Public Act 34…more

Annual Filings, Audits, Municipalities

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Operating Cash-Flow Borrowing Options for Michigan School Districts

As Michigan school districts navigate their 2020-2021 budgets, with looming cuts to school aid and other consequences of the COVID-19 pandemic, we want to remind you of the available operating cash-flow borrowing options…more

Coronavirus/COVID-19, Line of Credit, School Districts, State Aid, State and Local Government

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Legal Consequences to Consider Before Raising Prices

Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of pricing…more

Antitrust Violations, Coronavirus/COVID-19, Executive Orders, FTC, Price Gouging

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BE-10 Benchmark Survey of U.S. Direct Investment Abroad Will Be Due Soon

The BE-10 Benchmark Survey of U.S. Direct Investment Abroad (BE-10 Benchmark Survey) is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain…more

Bureau of Economic Analysis, Foreign Direct Investment, Foreign Investment, Form BE-10, U.S. Commerce Department

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Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for real…more

Condominium Associations, Construction Industry, Homeowners Association (HOA), Mechanics' Lien Acts, Suretyships

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School District Finalizes Deal for Renewable Energy Partnership

Flushing Community Schools recently finalized a public-private partnership (P3) project with solar power company Standard Solar Inc. This transaction, the first-of-its-kind for a public school in Michigan, is anticipated to…more

Public Private Partnerships (P3s), Public Schools, Renewable Energy, Solar Energy

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Michigan Governor Lacks Authority to Continue COVID-19 State of Emergency, Supreme Court Rules

Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the…more

Coronavirus/COVID-19, Emergency Powers, Executive Orders, Governor Whitmer, MI Supreme Court

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Nueva Administración de Trump Considera un “Impuesto De Ajuste Fronterizo” (Spanish)

Las empresas que importan bienes a los Estados Unidos deben prestar mucha atención a las serias discusiones que se están llevando a cabo actualmente en Washington, DC con respecto a una importante reestructuración fiscal la cual…more

Corporate Taxes, Exports, Imports, NAFTA, Tariffs

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New Employment and Labour Changes with "Making Ontario Open for Business Act"

Bill 47, also called the "Making Ontario Open for Business Act," was passed and given royal assent on November 21, 2018. This new act relaxes demands on employers by repealing or altering many of the changes that came into…more

Amended Legislation, Canada, Employment Policies, Fair Work Act, Labour Code

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Amendments to Poland's Income Tax Laws Effective Jan. 1, 2018

Poland recently amended its Corporate Income Tax law, effective Jan. 1, 2018. The Polish Government announced that the objectives of the amendment are to ensure that taxes paid by large companies, especially multinational…more

Amended Regulation, Anti Tax Avoidance Directive (ATAD), Corporate Taxes, EU, Poland

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SEC’s Office of Municipal Securities Offers Guidance Regarding COVID-19’s Impact on Rule 15c2-12 Continuing Disclosure Undertaking Requirements

Every continuing disclosure undertaking entered into under Section (b)(5)(i) of Rule 15c2-12 (the “Rule”) of the Securities and Exchange Commission (“SEC”) requires the issuer or obligated person (as defined in the Rule) under…more

Coronavirus/COVID-19, Disclosure Requirements, MSRB, Municipal Securities Issuers, SEC

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Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for real…more

Condominium Associations, Construction Industry, Homeowners Association (HOA), Mechanics' Lien Acts, Suretyships

See all updates »

AV Accidents: Consumers Want Clarity on Liability

The rapid evolution of automated driving systems (ADS) is bringing radical change to government regulations, industry practices, the potential obsolescence of human drivers and will also change the legal landscape for consumers,…more

Automotive Industry, Driverless Cars, Information Reports, Liability, Technology

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Attorney Work-Product Protection for Taxpayer Information Used to Prepare an Expert Witness Report

The U.S. Court of Appeals for the Ninth Circuit recently held that in-house counsel's legal memos used to prepare an expert witness were partially protected from disclosure as attorney work product. In the course of an income…more

Attorney-Client Privilege, Document Productions, Expert Witness, Work-Product Doctrine

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IRS Extends Filing Deadlines For Tax Exempt Organizations

On April 14, 2020, the IRS confirmed that, in response to the coronavirus (COVID-19) pandemic, the deadline imposed on tax exempt organizations for filing Form 990-series annual information returns (Forms 990, 990-EZ, 990-PF,…more

Coronavirus/COVID-19, Filing Deadlines, IRS, Non-Profits, Relief Measures

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DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, DOL, Fiduciary Duty, Final Rules, Investment Adviser

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Strategies to Reduce the Impact of the New SBA Procedural Notice on the Rights of a Secured Lender

In the SBA Procedural Notice dated October 2, 2020 (the “Approval Notice”), the Small Business Administration (“SBA”) has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”) loan…more

Acquisitions, CARES Act, Change in Control, Change in Ownership, Coronavirus/COVID-19

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United States Supreme Court Approves Race-Conscious Admissions Policy

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

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Environmental Due Diligence in Real Estate Transactions During the COVID-19 Crisis

COVID-19 and Baseline Environmental Assessment Timing - Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental…more

Coronavirus/COVID-19, Due Diligence, Environmental Assessments, EPA, Real Estate Transactions

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U.S. and Foreign Business Affected by Addition of Huawei to the BIS Entity List

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. and 68 of its Chinese and global non-US affiliates (the Huawei Group) to the BIS Entity…more

BIS, China, Entity List, Export Administration Regulations (EAR), Export Controls

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Michigan Governor Issues Updated “Safe Start” and Workplace Safety Executive Orders

On September 25, 2020, Michigan Gov. Gretchen Whitmer signed Executive Orders 2020-183 and 2020-184. EO 2020-183 permits certain indoor sport venues, theaters, and entertainment facilities to reopen, with capacity limitations,…more

Coronavirus/COVID-19, Entertainment Venues, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class action…more

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

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Michigan Campaign Finance Act: Do's and Don'ts for School Districts

School district board members, administrators and employees are required to abide by the Michigan Campaign Finance Act. The Act prohibits the contribution of public funds or resources to a campaign for a candidate or ballot…more

Campaign Contributions, Public Funds, Public Schools, School Districts

See all updates »

Michigan State and City Income Tax Deadlines Extended to July 2020

On March 27, 2020, Governor Gretchen Whitmer signed Executive Order 2020-26 to temporarily suspend strict compliance with certain tax filing and payment deadlines in Michigan. These new filing and payment deadlines follow in the…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Income Taxes, Relief Measures

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Michigan Governor Lacks Authority to Continue COVID-19 State of Emergency, Supreme Court Rules

Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the…more

Coronavirus/COVID-19, Emergency Powers, Executive Orders, Governor Whitmer, MI Supreme Court

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Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

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Department Of Labor Amends The FFCRA’s Paid Leave Regulations to Clarify Workers’ Rights and Employers’ Responsibilities

On Friday, September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced revisions to regulations regarding the paid sick leave and expanded family and medical leave provisions of the Families First…more

DOL, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Paid Leave, Sick Leave

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Michigan Supreme Court Clarifies Statute of Limitations for Shareholder/Member Oppression Claims

When does the statute of limitations start running on claims for minority shareholder/member oppression under Michigan law? In its recent decision in Frank v. Linkner, a unanimous Michigan Supreme Court answered that…more

Limited Liability Company (LLC), MI Supreme Court, Minority Shareholders, Shareholder Litigation, Shareholder Oppression

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COVID-19: Michigan Governor Gretchen Whitmer Lifts Restrictions on Construction Work

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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COVID-19: Federal Reserve’s Main Street Lending Program: What Businesses Need to Know to Prepare

On April 9, 2020, the Federal Reserve, acting under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section 13(3) of the Federal Reserve Act (12 USC §344), announced the creation of a new “Main Street…more

CARES Act, Coronavirus/COVID-19, Credit Facilities, Federal Reserve, Financial Stimulus

See all updates »

Practice Pointer: Should Lenders Use Pre-Negotiation Agreements?

Some states feature statutes of frauds that protect lenders, but not all such statutes of frauds protect all lenders, and some offer more protection than others. Just as critically, many people now communicate predominantly via…more

Electronic Communications, Federal Rules of Evidence, Lenders, Statute of Frauds

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Significant Changes for Michigan Court of Claims

Parties engaged in litigation against the State of Michigan in the Court of Claims will do so under new jurisdictional rules that were signed into law on November 12, 2013. The law, PA 164, moves the Court of Claims from the…more

Judges, Jurisdiction

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Estate Planning During the COVID-19 Pandemic

Governor Whitmer signed Michigan Executive Order No 2020-41 on April 8, 2020, allowing the use of virtual platforms to "enable and encourage the use of electronic signatures, remote notarizations, remote witness attestations and…more

Coronavirus/COVID-19, E-Signatures, Estate Planning, Governor Whitmer, Notarization

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Commercial Real Estate Market Projections, Influences, and Disrupters in 2019

Miller Canfield participated in the Commercial Real Estate Finance Council (CREFC) Winter Conference in Miami in January 2019. The conference offers a candid insider’s view that looks both backward and forward and has proven to…more

Collateralized Debt Obligations, Collateralized Loan Obligations, Commercial Real Estate Contracts, Commercial Real Estate Market, Complex Financial Products

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OSHA Injury & Illness Recording of Intoxicated Employee Injury

A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording of…more

Employer Liability Issues, Intoxication, OSHA, Policies and Procedures, Recordkeeping Requirements

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Risks For RIA Firms in a COVID World

In light of COVID-19, the U.S. Securities and Exchange Commission ("SEC"), recognizing that RIA Firms are facing operational, technological, commercial and other issues, has also outlined "regulatory and compliance questions and…more

Audits, Business Continuity Plans, Consumer Privacy Rights, Coronavirus/COVID-19, Cybersecurity

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CARES Act Authorizes Reimbursement for Department of Defense Contractors’ Paid Leave Expenses

Section 3610 (“Federal Contractor Authority”) of the CARES Act, signed into law on March 27, 2020, provides U.S. contracting agencies with discretion to modify the terms and conditions of government contracts to allow for…more

CARES Act, Coronavirus/COVID-19, Defense Sector, Department of Defense (DOD), DFARS

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Importers Seek Relief from Section 301 Tariffs on China-Based Manufacturing

The United States has imposed tariffs on various Chinese products under Section 301 of the Trade Act of 1974, one of the principal statutes by which the United States enforces trade agreements and addresses unjustifiable burdens…more

Importers, Imports, Section 301, Tariffs, Trade Act of 1974

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Don’t Let the Signs Fool You, The Courts Are Open and Rendering Justice

Many of the state and federal courthouses in Michigan, Illinois, Indiana and Ohio are not open to attorneys or to other members of the public, with some exceptions. While the signs may say “Closed, Do Not Enter;” the courts are…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State Courts

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Practice Pointer: When is an Agreement Enforceable Against a Bank?

The short answer is that an agreement is enforceable against a bank when the agreement is in writing and signed by the bank. But, the answer really depends on the jurisdiction involved…more

Banking Sector, Banks, Financial Institutions, Loan Agreements, Loans

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Operating a Franchise Through COVID-19: Considerations for Franchisees

At the beginning of 2020, you were operating a successful franchise – you had a steady stream of customers, happy employees, and royalty and ad fund payments were regularly submitted on time. It was smooth sailing until around…more

Business Closures, Canada, Contract Terms, Coronavirus/COVID-19, Franchise Agreements

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Legal Consequences to Consider Before Raising Prices

Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of pricing…more

Antitrust Violations, Coronavirus/COVID-19, Executive Orders, FTC, Price Gouging

See all updates »

GASB 84: Legal Considerations for Public Schools in Michigan

With the July 1, 2019 implementation date fast approaching for the new GASB 84 accounting guidance for fiduciary activities, school districts in Michigan have been working through various issues which have arisen in the…more

Fiduciary, Financial Accounting, GASB, New Guidance, Public Schools

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Employer Action Required to Take Advantage of Guidance for Cafeteria Plans

The Internal Revenue Service (“IRS”) has issued two important notices allowing employer-plan sponsors to amend their §125 cafeteria plans to provide employees with increased flexibility for elected benefits and account balances…more

Cafeteria Plans, Coronavirus/COVID-19, Dependent Care Assistance Program (DCAP), Employee Benefits, Employer Group Health Plans

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IP Litigation Quarterly Update

In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of…more

Attorney's Fees, Lanham Act, Lucky Brand Dungarees v Marcel Fashion Group, Nike, Patent Trial and Appeal Board

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MDHHS Director Issues Emergency Order Addressing Gatherings, Face Coverings, Worker Protection and Contact Tracing

On October 9, 2020, the Director of the Michigan Department of Health and Human Services issued an emergency order reinstating some, but not all, of the restrictions contained in Governor Whitmer's COVID-19 emergency orders that…more

Coronavirus/COVID-19, Emergency Management Plans, Emergency Response, Executive Orders, Governor Whitmer

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Expedited Remote Arbitration in the Age of COVID-19

The disruption caused by the COVID-19 pandemic will leave many companies with less time and money to devote to litigating their business disputes. So how can cash-strapped companies quickly and effectively resolve their…more

Arbitration, Contract Disputes, Relief Measures

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Practice Pointer: Should Lenders Use Pre-Negotiation Agreements?

Some states feature statutes of frauds that protect lenders, but not all such statutes of frauds protect all lenders, and some offer more protection than others. Just as critically, many people now communicate predominantly via…more

Electronic Communications, Federal Rules of Evidence, Lenders, Statute of Frauds

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Deadline for Absentee Voter Ballots Held to be Constitutional by Michigan Court of Appeals

The Michigan Court of Appeals has upheld the constitutionality of the statutory deadline - imposed by the Michigan Election Law - requiring that absentee voter ("AV") ballots be received by 8 p.m. on Election Day to be validly…more

Absentee Voting, Appeals, Election Laws, State Constitutions

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COVID-19: Patent and Trademark Office Updates as of June 8, 2020

Miller Canfield is actively tracking the current status of operations of numerous Patent and Trademark Offices (PTOs) around the world in the light of the novel coronavirus (COVID-19) pandemic. Below is a chart that shows the…more

Coronavirus/COVID-19, Patents, Trademarks

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Michigan Governor Signs Open Meetings Act Amendment Allowing Electronic Public Meetings

This has been updated from its original version published on October 15th to reflect that the Governor signed Senate Bill 1108 and it took immediate effect on Friday, October 16th. Michigan Governor Gretchen Whitmer signed…more

Amended Legislation, Governor Whitmer, Open Meetings Act, Public Meetings, Virtual Meetings

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REITS May Soon be Coming to Poland: Law Firm of Miller Canfield

Poland’s Ministry of Finance published a draft bill which would authorize the establishment and operation of Polish Real Estate Investment Trusts (Spólki Rynku Wynajmu Nieruchomosci) in Poland. At this stage, the proposal has…more

Institutional Investment, Investors, Poland, REIT

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IP Litigation Quarterly Update

In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of…more

Attorney's Fees, Lanham Act, Lucky Brand Dungarees v Marcel Fashion Group, Nike, Patent Trial and Appeal Board

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Important European Court Ruling On Personal Data Transfer To The U.S.

On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the "2016…more

CJEU, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

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Governor Whitmer Extends Authorization for Public Bodies to Meet Remotely

On April 14, 2020, Governor Gretchen Whitmer issued Executive Order 2020-48 (the "Order"), extending the ability of public bodies to conduct remote public meetings through May 12, 2020. The Order rescinds Executive Order 2020-15…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Public Meetings, Virtual Meetings

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Standard & Poor’s Increases Credit Rating for the State of Michigan from AA- to AA

On July 24, 2018, Standard & Poor's raised its credit rating for the State of Michigan's general obligation bonds from AA- to AA. This upgrade will affect bonds issued by local governments that benefit from State credit…more

Bonds, Credit Ratings, Government Bonds, S&P

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NLRB Provides Final Rule Clarifying Joint-Employer Status

The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning Ferris…more

Browning-Ferris Industries of California Inc., Control Test, Franchises, Joint Employers, NLRA

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Open Meetings Act Now Requires Additional Notice for Special Meetings

On December 27, 2012, Governor Snyder signed into law HB 5459, which amends the Michigan Open Meetings Act to add several new notice requirements for public bodies holding rescheduled or special meetings…more

Notice Requirements, Open Meetings Act

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Michigan Governor Signs Open Meetings Act Amendment Allowing Electronic Public Meetings

This has been updated from its original version published on October 15th to reflect that the Governor signed Senate Bill 1108 and it took immediate effect on Friday, October 16th. Michigan Governor Gretchen Whitmer signed…more

Amended Legislation, Governor Whitmer, Open Meetings Act, Public Meetings, Virtual Meetings

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The Impact of Tax Reform on Michigan Municipalities and School Districts

The U.S. House and Senate have approved the reconciled tax reform bill that was reported out of the House and Senate Conference Committee last week. The bill was passed on Dec. 20, 2017, and has been sent to the President for…more

Municipal Bonds, Municipalities, Public Schools, SALT, Tax Reform

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New Employment and Labour Changes with "Making Ontario Open for Business Act"

Bill 47, also called the "Making Ontario Open for Business Act," was passed and given royal assent on November 21, 2018. This new act relaxes demands on employers by repealing or altering many of the changes that came into…more

Amended Legislation, Canada, Employment Policies, Fair Work Act, Labour Code

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Don’t Let the Signs Fool You, The Courts Are Open and Rendering Justice

Many of the state and federal courthouses in Michigan, Illinois, Indiana and Ohio are not open to attorneys or to other members of the public, with some exceptions. While the signs may say “Closed, Do Not Enter;” the courts are…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State Courts

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Michigan Governor Gretchen Whitmer Reopens Manufacturing

On May 7, 2020, Michigan Gov. Gretchen Whitmer opened up manufacturing in Michigan as a part of an overall extension of the state's Stay Home, Stay Safe orders. With the new executive order, manufacturing will re-open on May 11,…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Manufacturers, Re-Opening Guidelines

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Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

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Congressional Tax Bills Threaten Tax-Exempt Bonds for Non-Profit Hospitals

As the Senate continues to work to modify the House version of a sweeping tax reform bill, non-profit hospitals face having to pay higher interest rates to borrow if certain types of tax-exempt bonds are eliminated. The U.S…more

Bond Financing, Non-Profit Hospitals, Proposed Legislation, Tax Exempt Entities, Tax-Exempt Bonds

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Michigan Governor Lacks Authority to Continue COVID-19 State of Emergency, Supreme Court Rules

Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the…more

Coronavirus/COVID-19, Emergency Powers, Executive Orders, Governor Whitmer, MI Supreme Court

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Counties May Not Retain Excess Tax Foreclosure Proceeds, Michigan Supreme Court Holds

On July 17, 2020, the Michigan Supreme Court in Rafaeli, LLC v Oakland County held that the retention of excess tax foreclosure proceeds by county treasurers from tax auctions constitutes "an unconstitutional taking without just…more

Auction, Foreclosure, MI Supreme Court, Property Tax, Tax Assessment

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Estate Planning During the COVID-19 Pandemic

Governor Whitmer signed Michigan Executive Order No 2020-41 on April 8, 2020, allowing the use of virtual platforms to "enable and encourage the use of electronic signatures, remote notarizations, remote witness attestations and…more

Coronavirus/COVID-19, E-Signatures, Estate Planning, Governor Whitmer, Notarization

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Important European Court Ruling On Personal Data Transfer To The U.S.

On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the "2016…more

CJEU, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

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Attorney Work-Product Protection for Taxpayer Information Used to Prepare an Expert Witness Report

The U.S. Court of Appeals for the Ninth Circuit recently held that in-house counsel's legal memos used to prepare an expert witness were partially protected from disclosure as attorney work product. In the course of an income…more

Attorney-Client Privilege, Document Productions, Expert Witness, Work-Product Doctrine

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Supreme Court Upholds Authority of Michigan School Districts to Ban Firearms on School Property and at School Functions

On Friday, July 27, 2018, the Michigan Supreme Court upheld the authority of Michigan school districts to ban firearms on school property and at school functions. The Court held that while the Legislature has the power to…more

Firearms, MI Supreme Court, Preemption, Public Schools, School Districts

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IP Litigation Quarterly Update

In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of…more

Attorney's Fees, Lanham Act, Lucky Brand Dungarees v Marcel Fashion Group, Nike, Patent Trial and Appeal Board

See all updates »

Treasury Answers Payroll Tax Deferral Questions But Leaves More Unanswered

On Friday, Aug. 28, 2020, the Department of the Treasury released Notice 2020-65 (the "Notice") which provides some long-awaited guidance for the payroll tax deferral announced in the Presidential Memorandum issued by President…more

Coronavirus/COVID-19, Payroll Taxes, Presidential Memorandum, Relief Measures, Social Security Taxes

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EEOC Rescinds Wellness Regulations

The Equal Employment Opportunity Commission ("EEOC") has rescinded Wellness Regulations it originally issued in May 2016. The change, which took effect on Jan. 1, 2019, has created uncertainty for employers who collect employee…more

ADA, EEOC, Employee Benefits, Employer Group Health Plans, Final Rules

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Significant Decision from the Ontario Court of Appeal Impacts Enforceability of Termination Clauses

As the old adage goes, "less is more." This might now be true for termination clauses in employment contracts after a recent decision from Ontario's top court. In Waksdale v Swegon North America Inc., 2020 ONCA 391…more

Canada, Employer Liability Issues, Employment Contract, Employment Litigation, Employment Standards Act

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Illinois Supreme Court Disallows Implied Warranty Claims by Owners Against Subcontractors

The Illinois Supreme Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims. Courts have long held that owners receive implied…more

Construction Contracts, Construction Defects, Construction Industry, General Contractors, IL Supreme Court

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Bankruptcy Court Says Force Majeure Clause Partially Excuses Rent Payment Due To COVID-19 Executive Order

Restaurants, retail stores, and other businesses around the country have been uniquely hit by COVID-19 - and by the executive orders shuttering their in-person services that quickly followed in its wake. Recently, the United…more

Business Closures, Chapter 11, Commercial Bankruptcy, Commercial Leases, Contract Terms

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Important European Court Ruling On Personal Data Transfer To The U.S.

On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the "2016…more

CJEU, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

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An Online Patent Enforcement Strategy That is Immune to the COVID-19 Pandemic

The COVID-19 pandemic has wreaked havoc on brick and mortar businesses. Consumers, confined to their homes, have flocked to online markets, where products offered by patent owners often compete with infringing products from…more

Amazon, Amazon Marketplace, Coronavirus/COVID-19, Court Closures, Court Schedules

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What Employers Need To Know About Trump's Immigration Order

On Jan. 27, 2017, President Donald Trump signed an executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The order focuses on visa issuance, screening procedures, and refugees…more

Executive Orders, Foreign Nationals, Green Cards, Refugees, Trump Administration

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Importers Seek Relief from Section 301 Tariffs on China-Based Manufacturing

The United States has imposed tariffs on various Chinese products under Section 301 of the Trade Act of 1974, one of the principal statutes by which the United States enforces trade agreements and addresses unjustifiable burdens…more

Importers, Imports, Section 301, Tariffs, Trade Act of 1974

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Treasury Answers Payroll Tax Deferral Questions But Leaves More Unanswered

On Friday, Aug. 28, 2020, the Department of the Treasury released Notice 2020-65 (the "Notice") which provides some long-awaited guidance for the payroll tax deferral announced in the Presidential Memorandum issued by President…more

Coronavirus/COVID-19, Payroll Taxes, Presidential Memorandum, Relief Measures, Social Security Taxes

See all updates »

Michigan’s Receivership Act: No Longer Just for Commercial Real Estate

The Uniform Commercial Real Estate Receivership Act (“UCRERA”), adopted by Michigan in 2018, originally applied only to receiverships over commercial real estate. An amendment effective October 15, 2020, shortens the name of the…more

Commercial Loans, Commercial Real Estate Market, Creditors, Industrial Space, Receivership

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U.S. Department of Education: New Title IX Protocols Required By August 14, 2020

Final Rule Includes Significant Changes to Grievance Procedures and Requires Live Hearings in all Formal Complaints of Sexual Harassment at Post-Secondary Institutions - The United States Department of Education’s Office for…more

Colleges, Department of Education, Educational Institutions, Regulatory Requirements, Sexual Assault

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Risks For RIA Firms in a COVID World

In light of COVID-19, the U.S. Securities and Exchange Commission ("SEC"), recognizing that RIA Firms are facing operational, technological, commercial and other issues, has also outlined "regulatory and compliance questions and…more

Audits, Business Continuity Plans, Consumer Privacy Rights, Coronavirus/COVID-19, Cybersecurity

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Michigan Governor Signs Open Meetings Act Amendment Allowing Electronic Public Meetings

This has been updated from its original version published on October 15th to reflect that the Governor signed Senate Bill 1108 and it took immediate effect on Friday, October 16th. Michigan Governor Gretchen Whitmer signed…more

Amended Legislation, Governor Whitmer, Open Meetings Act, Public Meetings, Virtual Meetings

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Worker Adjustment and Retraining Notification Act Summary

The federal Worker Adjustment and Retraining Notification Act (“WARN”) requires covered employers to provide advance notice of “plant closings” and “mass layoffs” that resulting in an “employment loss” at a single site of…more

Business Closures, Employer Liability Issues, Layoff Notices, Layoffs, Notice Requirements

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DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, DOL, Fiduciary Duty, Final Rules, Investment Adviser

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An Online Patent Enforcement Strategy That is Immune to the COVID-19 Pandemic

The COVID-19 pandemic has wreaked havoc on brick and mortar businesses. Consumers, confined to their homes, have flocked to online markets, where products offered by patent owners often compete with infringing products from…more

Amazon, Amazon Marketplace, Coronavirus/COVID-19, Court Closures, Court Schedules

See all updates »

COVID-19: Michigan Governor Gretchen Whitmer Lifts Restrictions on Construction Work

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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Legal Consequences to Consider Before Raising Prices

Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of pricing…more

Antitrust Violations, Coronavirus/COVID-19, Executive Orders, FTC, Price Gouging

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¿Podría el Presidente Trump sacar a los Estados Unidos del TLCAN? Preguntas frecuentes básicas.

Durante su campaña para presidente, el Presidente-Electo Trump prometió repetidamente renegociar el TLCAN e imponer un arancel del 35 por ciento sobre las importaciones procedentes de México y un arancel aun mayor a las…more

Free Trade Agreements, Mexico, NAFTA, Tariffs, Trade Policy

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Michigan Governor Issues Updated “Safe Start” and Workplace Safety Executive Orders

On September 25, 2020, Michigan Gov. Gretchen Whitmer signed Executive Orders 2020-183 and 2020-184. EO 2020-183 permits certain indoor sport venues, theaters, and entertainment facilities to reopen, with capacity limitations,…more

Coronavirus/COVID-19, Entertainment Venues, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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Michigan Governor Lacks Authority to Continue COVID-19 State of Emergency, Supreme Court Rules

Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the…more

Coronavirus/COVID-19, Emergency Powers, Executive Orders, Governor Whitmer, MI Supreme Court

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Legal Consequences to Consider Before Raising Prices

Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of pricing…more

Antitrust Violations, Coronavirus/COVID-19, Executive Orders, FTC, Price Gouging

See all updates »

7th Circuit Becomes First Appellate Court To Extend Title VII Protection To Sexual Orientation

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits discrimination…more

EEOC, Employer Liability Issues, LGBT, Price Waterhouse, Sex Discrimination

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Cyber-Attacks On The Rise: COVID-19 Scams to Watch Out For

As the COVID-19 pandemic unfolds, we are witnessing countless stories of courageous men and women rising up to face the challenges and obstacles of this crisis. Unfortunately, crisis also presents opportunity for unscrupulous…more

Coronavirus/COVID-19, Cyber Attacks, Cybersecurity, Extortion, Mobile Apps

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Visa Bulletin Released – Are You Eligible to Apply for a Green Card in October?

On September 24, 2020, the Department of State published the October Visa Bulletin, the first of the new government fiscal year (FY 2021). USCIS announced on the same day that it would utilize the "Dates for Filing of…more

China, Foreign Nationals, Green Cards, Immigration Procedures, India

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Employer Impact of Revisions to Paid Medical Leave Act

As anticipated, the Michigan Legislature has revised and Governor Snyder has signed the "Earned Sick Time Act" and retitled it the "Paid Medical Leave Act" ("the Act"). Below are some of the key provisions of the Act…more

Amended Legislation, Earned Sick Time, Employee Rights, Paid Sick Leave Act, Sick Leave

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Key Takeaways: NHTSA’s Voluntary Guidance for Automated Driving Systems

The U.S. Department of Transportation ("DOT") released its revised federal policy for automated vehicles, entitled “Automated Driving Systems 2.0: A Vision for Safety” (the “Voluntary Guidance”) on September 12, 2017, and at the…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, NHTSA, Safety Standards

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DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in 1995,…more

Antitrust Provisions, Corporate Counsel, Defend Trade Secrets Act (DTSA), DOJ, FTC

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Congressional Tax Bills Threaten Tax-Exempt Bonds for Non-Profit Hospitals

As the Senate continues to work to modify the House version of a sweeping tax reform bill, non-profit hospitals face having to pay higher interest rates to borrow if certain types of tax-exempt bonds are eliminated. The U.S…more

Bond Financing, Non-Profit Hospitals, Proposed Legislation, Tax Exempt Entities, Tax-Exempt Bonds

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A Non-Party to An Arbitration Can Be Compelled to Give Testimony and Produce Documents

Can a court compel you to give testimony and produce documents in an arbitration where you are not even a party? In the United States, the answer is yes…more

Arbitration, Compelled Testimony, Discovery, Document Productions, Non-Parties

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To Reclaim or Not to Reclaim, That Is the Question

With many bankruptcy cases looming on the horizon as a result of the pandemic and the measures taken to contain it, prudent creditors are reacquainting themselves with their rights, including the right of reclamation…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Insolvency, Reclamation

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Michigan Remote Electronic Notarization Law

A new Michigan law may streamline real estate transactions by allowing remote electronic notarization. The law, Act 330 of 2018, was signed by Gov. Rick Snyder on June 28, 2018. It amends the Michigan Notary Public Act and…more

New Regulations, Notary Certificates, Real Estate Transactions, Title Companies

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To Reclaim or Not to Reclaim, That Is the Question

With many bankruptcy cases looming on the horizon as a result of the pandemic and the measures taken to contain it, prudent creditors are reacquainting themselves with their rights, including the right of reclamation…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Insolvency, Reclamation

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Michigan Campaign Finance Act: Do's and Don'ts for School Districts

School district board members, administrators and employees are required to abide by the Michigan Campaign Finance Act. The Act prohibits the contribution of public funds or resources to a campaign for a candidate or ballot…more

Campaign Contributions, Public Funds, Public Schools, School Districts

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Strategies to Reduce the Impact of the New SBA Procedural Notice on the Rights of a Secured Lender

In the SBA Procedural Notice dated October 2, 2020 (the “Approval Notice”), the Small Business Administration (“SBA”) has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”) loan…more

Acquisitions, CARES Act, Change in Control, Change in Ownership, Coronavirus/COVID-19

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Hague Convention on Choice of Court Agreements Treaty Entered Into Force

On October 1, 2015, the Hague Convention on Choice of Court Agreements treaty entered into force, binding Mexico and all of the members of the European Union with the exception of Denmark. The United States and Singapore have…more

Choice of Court Agreements Treaty, EU, Forum Selection, Hague Convention, Mexico

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Illinois Open Meetings Act Amended to Allow Meetings Without A Physical Quorum

On June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public Act 101-0640 which, among other matters, amends Section 7 of the Open Meetings Act to allow meetings of members of a public body subject to the Act to…more

Amended Legislation, Coronavirus/COVID-19, Governor Pritzker, Open Meetings Act, Public Entities

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Don’t Let the Signs Fool You, The Courts Are Open and Rendering Justice

Many of the state and federal courthouses in Michigan, Illinois, Indiana and Ohio are not open to attorneys or to other members of the public, with some exceptions. While the signs may say “Closed, Do Not Enter;” the courts are…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State Courts

See all updates »

Michigan Governor Signs Open Meetings Act Amendment Allowing Electronic Public Meetings

This has been updated from its original version published on October 15th to reflect that the Governor signed Senate Bill 1108 and it took immediate effect on Friday, October 16th. Michigan Governor Gretchen Whitmer signed…more

Amended Legislation, Governor Whitmer, Open Meetings Act, Public Meetings, Virtual Meetings

See all updates »

COVID-19: Michigan Governor Gretchen Whitmer Lifts Restrictions on Construction Work

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Re-Opening Guidelines

See all updates »

Estate Planning During the COVID-19 Pandemic

Governor Whitmer signed Michigan Executive Order No 2020-41 on April 8, 2020, allowing the use of virtual platforms to "enable and encourage the use of electronic signatures, remote notarizations, remote witness attestations and…more

Coronavirus/COVID-19, E-Signatures, Estate Planning, Governor Whitmer, Notarization

See all updates »

Legal Consequences to Consider Before Raising Prices

Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of pricing…more

Antitrust Violations, Coronavirus/COVID-19, Executive Orders, FTC, Price Gouging

See all updates »

Nike Strikes Back Against Kawhi Leonard Over Logo Lawsuit

What a month and a half it has been for the former King of the North. He led the Toronto Raptors on an improbable run to the 2019 NBA Championship and captured the heart of a nation. He led a Toronto news helicopter on a…more

Athletes, Contract Terms, Copyright, Copyright Infringement, Copyright Litigation

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Loan Forgiveness Under Paycheck Protection Program: Issues to Consider

While the loan forgiveness features of the Paycheck Protection Program loans (“PPP Loans”) have made PPP loans very attractive to eligible small businesses, borrowers wanting to take advantage of loan forgiveness need to comply…more

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

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Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class action…more

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

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Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

See all updates »

Visa Bulletin Released – Are You Eligible to Apply for a Green Card in October?

On September 24, 2020, the Department of State published the October Visa Bulletin, the first of the new government fiscal year (FY 2021). USCIS announced on the same day that it would utilize the "Dates for Filing of…more

China, Foreign Nationals, Green Cards, Immigration Procedures, India

See all updates »

USTR Will Open Online Portal for Section 301 Exclusion Requests for List 3 Chinese-Origin Products on June 30, 2019

The Office of the United States Trade Representative ("USTR") has published a notice in the Federal Register announcing the formal procedures for requests to exclude particular products pertaining to List 3 Chinese-origin…more

China, Exclusions, Imports, Portal, Section 301

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BE-10 Benchmark Survey of U.S. Direct Investment Abroad Will Be Due Soon

The BE-10 Benchmark Survey of U.S. Direct Investment Abroad (BE-10 Benchmark Survey) is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain…more

Bureau of Economic Analysis, Foreign Direct Investment, Foreign Investment, Form BE-10, U.S. Commerce Department

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Recommended Steps to Bring Employees Back to the Workplace

With federal and state governments’ contemplation of plans to reopen the economy, employers should begin considering necessary and recommended steps to bring employees back to the workplace, and legal issues raised by doing…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines, Workplace Safety

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Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

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Illinois Open Meetings Act Amended to Allow Meetings Without A Physical Quorum

On June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public Act 101-0640 which, among other matters, amends Section 7 of the Open Meetings Act to allow meetings of members of a public body subject to the Act to…more

Amended Legislation, Coronavirus/COVID-19, Governor Pritzker, Open Meetings Act, Public Entities

See all updates »

AV Accidents: Consumers Want Clarity on Liability

The rapid evolution of automated driving systems (ADS) is bringing radical change to government regulations, industry practices, the potential obsolescence of human drivers and will also change the legal landscape for consumers,…more

Automotive Industry, Driverless Cars, Information Reports, Liability, Technology

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COVID-19: Continuity of Learning for K-12 Students under Executive Order 2020-35

As anticipated, on April 2, 2020, Governor Whitmer issued Executive Order 2020-35 (the “Order”) regarding the provision of K-12 education in Michigan for the remainder of the 2019-20 school year. The 17-page order, in short,…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Department of Education, Emergency Response, Executive Orders

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Illinois Supreme Court Disallows Implied Warranty Claims by Owners Against Subcontractors

The Illinois Supreme Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims. Courts have long held that owners receive implied…more

Construction Contracts, Construction Defects, Construction Industry, General Contractors, IL Supreme Court

See all updates »

Expedited Remote Arbitration in the Age of COVID-19

The disruption caused by the COVID-19 pandemic will leave many companies with less time and money to devote to litigating their business disputes. So how can cash-strapped companies quickly and effectively resolve their…more

Arbitration, Contract Disputes, Relief Measures

See all updates »

China Further Opens Up Its Financial Sector to Foreign Investors

China announced new policies to further open its financial sector to foreign investors in November 2017, and has recently updated its timetable to implement these policies. On April 10, 2018, President Xi Jinping made a keynote…more

Banking Sector, China, Financial Institutions, Financial Services Industry, Foreign Investment

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COVID-19 Developments in Qatar

The Government of Qatar, acting through various ministries and agencies, continues to monitor the spread of the novel coronavirus (COVID-19) and has implemented a coordinated set of measures to prevent the spread of COVID-19…more

Coronavirus/COVID-19, Emergency Management Plans, Qatar, Relief Measures, State of Emergency

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NLRB Vacates Hy-Brand Joint Employer Decision

The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a narrow…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRA, NLRB

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COVID-19: DOL Issued Regulations in Implementing the Families First Coronavirus Response Act

On April 1, 2020, the Department of Labor (“DOL”) posted a temporary rule containing temporary regulations regarding the implementation of the Families First Coronavirus Response Act (“FFCRA”). The regulations became effective…more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

  • 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 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
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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