Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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425 West Capitol Avenue
Suite 1800
Little Rock, Arkansas 72201, United States
Phone: (501) 688.8800
Fax: (501) 688.8807

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Areas Of Practice
  • Administrative Law
  • Agriculture
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Arkansas
  • Texas
Number of Attorneys
50-100 Attorneys

Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission

The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’…more

AK Supreme Court, Declaratory Judgment Act, Declaratory Judgments, Declaratory Relief, Exclusive Jurisdiction

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State and Local Government Assistance from the CARES Act

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) provides an estimated $2 trillion stimulus package to assist individuals, small and medium-sized business as well as state and local governments during the…more

Affiliated-Business Arrangements, Affiliates, Board of Directors, Business Interruption, CARES Act

See all updates »

Non-Profit Hospital Real Property Potentially Exempt from County Property Taxes

Double-check the Tax Man by Double-checking your Parcel Usage - Understandably, most hospital accounts payable departments are good at paying bills that come in the mail. However, when it comes to paying any bills that come…more

Arkansas, Land Parcels, Non-Profit Hospitals, Property Tax, Public Charities

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Businesses Have COVID-19 Worries; These Resources Can Help

With numerous measures now in place at the federal, state and local levels, the following are some of the latest resources available to walk businesses through the relief programs enacted, including under the Coronavirus Aid,…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA), Paycheck Protection Program (PPP)

See all updates »

Late Penalties on Loan Payments in Arkansas – What's the Rule?

A frequently asked question in the lending community is whether there is an established amount regarding the maximum late fee that can be charged for a late payment made on a loan in Arkansas. Unfortunately, the answer to…more

AR Supreme Court, Commercial Loans, Compound Interest, Consumer Financial Products, Consumer Lenders

See all updates »

Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?

Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees, but…more

Blue Pencil Contract Modification, Competition, Employment Contract, Healthcare Workers, Non-Compete Agreements

See all updates »

Strategizing Farm Succession

For various reasons, fewer and fewer family farms are passing on to the next generation. Recent economic, weather and political events have certainly set forth a bumpy road for those interested in long-term planning. …more

Business Succession, Estate Planning, Family Businesses, Farms, Succession Planning

See all updates »

Certain Trust Expenses Still Deductible Until 2026

The Tax Cuts and Jobs Act (TCJA), while lowering taxes for most, raised them for a few. One group of those few taxpayers for whom taxes went up under TCJA were certain trusts and estates (generally those with large investment…more

Deductibles, Tax Cuts and Jobs Act, Tax Increases, Trusts

See all updates »

Like-Kind Exchanges Under IRC Section 1031: A Primer

Individual and business clients engaging in real estate transactions often have an interest in like-kind exchanges under Internal Revenue Code Section 1031 (hereinafter “1031” or “Section 1031”). Clients are usually aware that a…more

Capital Assets, Capital Gains, Income Taxes, Internal Revenue Code (IRC), IRS

See all updates »

2021 Arkansas Insurance Legislation Summary: Life Insurance

The 93rd Arkansas General Assembly convened on January 11, 2021 and entered into an extended recess on April 27, 2021. The resolution authorizing the extended recess provides for the legislature to reconvene for the following…more

Arkansas, Coronavirus/COVID-19, General Assembly, Insurance Industry, Life Insurance

See all updates »

Update: The Growing Trend of Anti-Boycott Laws and the Effect on Public Finance – Is Arkansas Next?

In our previous blog post we noted the emerging trend of anti-boycott and anti-discrimination laws in multiple states and discussed potential effects on the public finance market, particularly in Arkansas…more

Anti-Discrimination Policies, Antiboycott Requirements, Arkansas, Fossil Fuel, Public Finance

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Earnings Releases and Investor Calls in Light of COVID-19 – SEC Chairman and Director of Corporation Finance Issue Joint Public Statement

On Wednesday, April 8, 2020, the SEC Chairman, Jay Clayton, and Director of the SEC’s Division of Corporation Finance, William Hinman, released a joint public statement emphasizing the importance of disclosures from public…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements

See all updates »

The Texas Department of Insurance Adopts New Reinsurance Rules

The Texas Department of Insurance has taken the next step in implementing the Covered Agreement requirement by adopting rules relating to reciprocal reinsurers with the effective date of the rule on January 1, 2022. S.B…more

Covered Agreement, Insurance Code, Insurance Industry, New Rules, Reinsurance

See all updates »

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or emotional…more

ADA, Air Carrier Access Act (ACAA), Emotional Support Animals, Fair Housing Act (FHA), Reasonable Accommodation

See all updates »

Navigating COVID-19: Medicare Advantage and Part D Prescription Drug Plans

As the COVID-19 pandemic has emerged over the past month, state insurance departments have issued directives in reaction to the crisis, requiring such actions as a temporary moratorium on cancellations and coverage for…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Homeland Security (DHS), Emergency Response

See all updates »

Arkansas's Answer to the SALT Cap for Business Owners: The Arkansas Pass-Through Entity Tax Act

The Tax Cuts and Jobs Act of 2017 (The “TCJA”) imposes a $10,000 cap on the amount an individual may deduct for federal tax purposes for the payment of state and local income, property and sales taxes (referred to as “SALT”)…more

Arkansas, C-Corporation, Federal Taxes, Income Taxes, IRS

See all updates »

Considerations for Holding Virtual Annual Shareholder Meetings in Light of COVID-19

In light of Coronavirus Disease 2019 (“COVID-19”), the Securities and Exchange Commission (“SEC”) recently released guidance to assist public companies with their upcoming annual shareholder meetings. As explained in the SEC’s…more

Annual Meeting, Board Meetings, Board of Directors, Coronavirus/COVID-19, Proxy Statements

See all updates »

CARES Act Main Street Loan Facilities Now In Place

Under the Coronavirus Aid, Relief and Economic Security Act (CARES Act), the Federal Reserve System was given the discretion to create a Main Street Lending Program to support small and mid-sized businesses. On Thursday, April…more

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

See all updates »

New Federal Legislation Eases Access to Financing for Broadband Projects with Qualified Private Activity Bonds

Congress has passed the Infrastructure Investment and Jobs Act of 2021, which President Biden signed on November 15, 2021. The Act includes approximately $65 billion in funding opportunities for the deployment of broadband…more

Bonds, Broadband, Federal Grants, Infrastructure, Internal Revenue Code (IRC)

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Are You Immune? Your Business May Be: Executive Order Protects Businesses from Civil Liability Due to COVID-19 Exposure

n a bit of much needed good news for Arkansas businesses during the current COVID-19 crisis, on June 15, 2020, Governor Asa Hutchinson signed Executive Order 20-33 (the “Order”) which provides businesses immunity from civil…more

Civil Liability, Coronavirus/COVID-19, Executive Orders, Health and Safety, Immunity

See all updates »

Survey of State Insurance Department COVID-19 Regulatory Actions

State insurance regulators continue to respond to issues surrounding COVID-19. States are addressing a wide variety of issues, including (1) the treatment of "insurance" as an "essential business" in light of "Stay at Home"…more

Business Closures, Coronavirus/COVID-19, Filing Requirements, Infectious Diseases, Operators of Essential Services

See all updates »

Court of Appeals Concludes Swimming Pool is Not an Attractive Nuisance

In a case arising from tragic circumstances, the Arkansas Court of Appeals recently concluded that a residential swimming pool located near an elementary school was not an attractive nuisance, and affirmed summary judgment in…more

Appeals, Attractive Nuisance, Negligence, Summary Judgment, Swimming Pools

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Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or emotional…more

ADA, Air Carrier Access Act (ACAA), Emotional Support Animals, Fair Housing Act (FHA), Reasonable Accommodation

See all updates »

Will the Conversion of a Trust to a Unitrust Under the New Arkansas Uniform Fiduciary Income and Principal Act Cause a Negative Tax Result?

The Arkansas Uniform Fiduciary Income and Principal Act (the “Act”) became effective on January 1, 2022. Arkansas is one (1) of five (5) states, including Colorado, Kansas, Utah, and Washington, that has enacted the Uniform…more

Arkansas, Fair Market Value, Gift Tax, Internal Revenue Code (IRC), IRS

See all updates »

Investigating Employee Harassment Claims in the Workplace

In the wake of the #MeToo Movement and as again recently seen in media headlines, sexual harassment continues to be a prevalent problem in today’s culture, and no employer is immune from the duty to prevent and resolve…more

#MeToo, Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies

See all updates »

State and Local Government Assistance from the CARES Act

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) provides an estimated $2 trillion stimulus package to assist individuals, small and medium-sized business as well as state and local governments during the…more

Affiliated-Business Arrangements, Affiliates, Board of Directors, Business Interruption, CARES Act

See all updates »

Software Patents: A Competitive Advantage in a Changing World

The financial industry is incorporating fintech and block chain solutions. Healthcare companies are adapting to electronic medical records and online platforms. Even the legal field is looking for methods to optimize discovery…more

Blockchain, Copyright, Financial Institutions, FinTech, License Agreements

See all updates »

Arkansas Supreme Court Upholds Validity of Class-Action Waiver Clause Even In Absence of Arbitration Clause

Arbitration agreements and class-action waivers have been important tools for employers seeking to reduce expense and exposure in cases brought by employees. These legal instruments have begun to be limited, though. Recently,…more

AR Supreme Court, Arbitration, Arbitration Agreements, Class Action, Enforcement

See all updates »

Businesses Have COVID-19 Worries; These Resources Can Help

With numerous measures now in place at the federal, state and local levels, the following are some of the latest resources available to walk businesses through the relief programs enacted, including under the Coronavirus Aid,…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA), Paycheck Protection Program (PPP)

See all updates »

Licenses and the Law Series, Part II

As we explained in our first article, most licensing boards follow a similar process when it comes to investigating complaints against one of their licensees. First, the licensing board receives a complaint..…more

Administrative Procedure Act, Damages, Data Collection, Jurisdiction, Licenses

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2021 Arkansas Insurance Legislation Summary: Life Insurance

The 93rd Arkansas General Assembly convened on January 11, 2021 and entered into an extended recess on April 27, 2021. The resolution authorizing the extended recess provides for the legislature to reconvene for the following…more

Arkansas, Coronavirus/COVID-19, General Assembly, Insurance Industry, Life Insurance

See all updates »

Licenses and the Law Series, Part X: A Review

In this final article, we want to leave you with a review of the major takeaways. First, check your liability insurance as soon as you receive a complaint against your license, and report the claim to your insurance…more

Appeals, FOIA, Insurance Industry, Legal Representatives, Liability Insurance

See all updates »

Peer Review Immunity is a Bar to Doctor's Allegations of Defamation

When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require a…more

Appeals, Defamation, False Statements, Immunity, Peer Review

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National Taxpayer Advocate Reviews 2021 Season and Recommends Changes for 2022

The National Taxpayer Advocate recently issued her Fiscal Year 2020 Objectives Report to Congress, reviewing the successes and challenges of the 2021 federal tax filing year and highlighting a series of objectives and…more

Employee Retention, IRS, Paycheck Protection Program (PPP), Tax Credits

See all updates »

The SBA Is Accepting New CARES Act Applications; Can Businesses Apply For More Than One Loan?

The President signed the Paycheck Protection Program and Health Care Enhancement Act into law on April 24, 2020, injecting an additional $484 billion in aid to supplement the SBA business loan programs created under the CARES…more

Applications, Borrowers, CARES Act, Credit Unions, Financial Institutions

See all updates »

National Association of Insurance Commissioners (NAIC) 2022 Spring Meeting Summary

The Mitchell Williams Insurance Regulatory team of lawyers recently attended the National Association of Insurance Commissioners (NAIC) 2022 Spring National Meeting which was held April 4-8 in Kansas City, Missouri. The…more

CCIIO, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Insurance Industry, Long-Term Care

See all updates »

Feds Require Insurers and Group Health Plans to Cover Cost of At-Home COVID-19 Tests Starting January 15

In an effort to expand the availability of free COVID-19 testing, the Biden-Harris Administration has announced that beginning January 15, 2022, insurance companies and group health plans will be required to cover the cost of…more

Biden Administration, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits

See all updates »

What Happens to My Arkansas Property if I Do Not Have a Will?

Estate planning is important no matter the size of your estate. Properly planning your estate will allow you to be in control of who inherits your assets, who raises your children, and who is in charge of administering your…more

Arkansas, Beneficiary Designations, Estate Planning, Property Owners, Right-of-Survivorship

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COVID-19 UPDATE: SBA Issues Updated Lender and Borrower FAQs on PPP

The Paycheck Protection Program (the “PPP”) established under the Coronavirus Aid, Relief and Economic Security (CARES) Act authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA

See all updates »

Are You Immune? Your Business May Be: Executive Order Protects Businesses from Civil Liability Due to COVID-19 Exposure

n a bit of much needed good news for Arkansas businesses during the current COVID-19 crisis, on June 15, 2020, Governor Asa Hutchinson signed Executive Order 20-33 (the “Order”) which provides businesses immunity from civil…more

Civil Liability, Coronavirus/COVID-19, Executive Orders, Health and Safety, Immunity

See all updates »

2021 Arkansas Insurance Legislation Summary: Life Insurance

The 93rd Arkansas General Assembly convened on January 11, 2021 and entered into an extended recess on April 27, 2021. The resolution authorizing the extended recess provides for the legislature to reconvene for the following…more

Arkansas, Coronavirus/COVID-19, General Assembly, Insurance Industry, Life Insurance

See all updates »

To Return or Not To Return. That Is The Question.

Most lawyers and bankers understand the basic terms of the automatic stay when a Debtor files bankruptcy. 11 USC section 362 applies to all bankruptcy chapters and provides as follows: (a)Except as provided in subsection…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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The New Eviction Moratorium Issued by the Biden Administration: Where Does It Leave Landlords and Property Owners Moving Forward?

On August 3, 2021, the Centers for Disease and Control issued an Order that temporarily halts evictions on the basis of failure to pay rent and is in effect through October 3, 2021. At its core, the Order was promulgated to…more

Biden Administration, CDC, Constitutional Challenges, Coronavirus/COVID-19, Eviction

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Licenses and the Law Series, Part X: A Review

In this final article, we want to leave you with a review of the major takeaways. First, check your liability insurance as soon as you receive a complaint against your license, and report the claim to your insurance…more

Appeals, FOIA, Insurance Industry, Legal Representatives, Liability Insurance

See all updates »

Arkansas Net-Metering and Utility Service Provider Tax Reporting Pitfalls

As at-home energy creation becomes more popular and more households adopt sustainable practices such as utilizing solar to produce electricity, the subtleties of tax reporting for energy creation and consumption are becoming…more

1099s, Adjusted Gross Income, Income Taxes, IRS, Public Utility

See all updates »

Feds Require Insurers and Group Health Plans to Cover Cost of At-Home COVID-19 Tests Starting January 15

In an effort to expand the availability of free COVID-19 testing, the Biden-Harris Administration has announced that beginning January 15, 2022, insurance companies and group health plans will be required to cover the cost of…more

Biden Administration, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits

See all updates »

Lessons from the Tax Court: Smaldino v. Commissioner

A recent Tax Court case, Smaldino v. Commissioner, T.C. Memo. 2021-127, provides important lessons on gifting. The Tax Court found that Louis Smaldino understated the size of his gift to a trust set up for his children because…more

Audits, Business Ownership, Gift Tax, Limited Liability Company (LLC), Operating Agreements

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Auto Insurers Asked to Waive Commercial Use Exclusion during COVID-19 Shutdown

In this time of shutdown orders and social distancing, businesses have been forced to rapidly adapt. The service industry, and especially restaurants, have quickly pivoted to providing delivery services with wait staff and other…more

Coronavirus/COVID-19, Crisis Management, Employer Liability Issues, Food Service Workers, Health and Safety

See all updates »

Insurers Are No Longer Required to File Rates and Forms for Certain Commercial Risks in Texas

On September 1, 2021, Texas SB 1367 went into effect, exempting certain lines of commercial property and casualty insurance from rate and form filings, as summarized below. In other words, Insurers are no longer required to file…more

Commercial Insurance Policies, Insurance Industry, Insurance Rates, Risk Assessment, Texas

See all updates »

Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?

Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees, but…more

Blue Pencil Contract Modification, Competition, Employment Contract, Healthcare Workers, Non-Compete Agreements

See all updates »

Renewal of Federal COVID-19 Public Health Emergency

On July 19, 2021, the U.S. Department of Health & Human Services (HHS) issued a Renewal of Determination that a Public Health Emergency Exists extending the federal COVID-19 public health emergency (PHE) for another ninety (90)…more

CHIP, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Emergency Use Authorization (EUA), HIPAA

See all updates »

The Duty of Loyalty and Arkansas' New Uniform Limited Liability Company Act

In a recent Mitchell Williams Blog we highlighted Arkansas’ enactment of the Uniform Limited Liability Company Act (the “ULLCA”), and pointed out some of the differences between the ULLCA and Arkansas’ existing Small Business…more

Anti-Competitive, Arkansas, Duty of Care, Duty of Loyalty, Fiduciary Duty

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In The Zone? Defining Your Place in Real Estate

Your business thrived in spite of COVID and you need to relocate and expand your facility. So you found a suitable parcel of property on the edge of town – it's the right size and is served by all the necessary…more

Conditional Use Permit, Jurisdiction, Real Estate Market, Restrictive Covenants, Zoning Laws

See all updates »

Software Patents: A Competitive Advantage in a Changing World

The financial industry is incorporating fintech and block chain solutions. Healthcare companies are adapting to electronic medical records and online platforms. Even the legal field is looking for methods to optimize discovery…more

Blockchain, Copyright, Financial Institutions, FinTech, License Agreements

See all updates »

2021 Arkansas Insurance Legislation Summary: Act 925 Prohibits Life Insurance/Annuity Beneficiary Change through Will

In a surprising move, the Arkansas General Assembly overrode long-standing Arkansas common law that permits an insured to change a beneficiary of an insurance policy via will. On April 26, 2021, Governor Asa Hutchison signed…more

Appeals, Arkansas, Beneficiaries, General Assembly, Governor Hutchinson

See all updates »

National Association of Insurance Commissioners (NAIC) 2022 Spring Meeting Summary

The Mitchell Williams Insurance Regulatory team of lawyers recently attended the National Association of Insurance Commissioners (NAIC) 2022 Spring National Meeting which was held April 4-8 in Kansas City, Missouri. The…more

CCIIO, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Insurance Industry, Long-Term Care

See all updates »

Good Deal or Bad? Complex Commercial Litigation Even When You've Done Everything Right

A business swoops in and buys substantially all of the assets of a competitor in distress, but first does its due diligence and discovers the skeletons in the closet. The purchaser expressly does not assume the competitor’s…more

Appeals, Asset Purchaser, Breach of Contract, Conversion, Due Diligence

See all updates »

Shelter-In-Place Orders Spur Regulator Calls for Policyholder Refunds

As COVID-19 shelter-in-place orders keep businesses closed and drivers off the road, the risk of loss normally associated with driving or operating a business has decreased. As a result, personal lines auto insurers have begun…more

Auto Insurance, Coronavirus/COVID-19, Premiums, Refunds, Relief Measures

See all updates »

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where…more

AK Supreme Court, Appeals, Discovery, Discovery Violations, Document Destruction

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NAIC Special Session on COVID-19

Today, the National Association of Insurance Commissioners (NAIC) held a Special Session on COVID-19. A presentation on virus progression and pathology was made by Dr. Jay Butler, Deputy Director for Infectious Disease a Centers…more

CDC, Coronavirus/COVID-19, Health Insurance, Infectious Diseases, Insurance Industry

See all updates »

Texas Department of Insurance Adopts Changes to Prompt Pay Reporting Requirements

The Texas Department of Insurance (the “Department”) announced earlier today that it has formally adopted its proposed changes to 28 Tex. Admin. Code § 21.2821, which lays out the prompt pay reporting requirements for managed…more

Insurance Industry, New Amendments, Prompt Payment, Reporting Requirements, Texas

See all updates »

Licenses and the Law Series, Part X: A Review

In this final article, we want to leave you with a review of the major takeaways. First, check your liability insurance as soon as you receive a complaint against your license, and report the claim to your insurance…more

Appeals, FOIA, Insurance Industry, Legal Representatives, Liability Insurance

See all updates »

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Revisions for Designating and Excluding Critical Habitat

On Thursday July 21, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding revisions to the Service’s regulations for excluding areas of critical habitat under section 4(b)(2) of the Endangered Species…more

Critical Habitat, Endangered Species Act (ESA), Final Rules, Rulemaking Process, US Fish and Wildlife Service

See all updates »

Transportation/Hazardous Materials: Pipeline and Hazardous Material Safety Administration Addresses Status of Gasoline/Diesel/Water Mixture

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 4th Interpretive Response a question regarding applicability of the Hazardous Materials Regulations (“HMR”) to: ……more

Hazardous Substances, Oil & Gas, PHMSA, Pipelines

See all updates »

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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