Patterson Belknap Webb & Tyler LLP

Contact
Share
Info
1133 Avenue of the Americas
New York, New York 10036, United States
Phone: 212-336-2995
Fax: 212-336-2222
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
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • New York
Number of Attorneys
100+ Attorneys

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

See all updates »

Joining Other Government Regulators, NLRB GC Seeks to Curb Most Non-Compete Agreements

On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo took yet another step to ban restrictive covenants in the employment context. In a memo issued to all regional offices, she set forth her…more

Federal Trade Commission (FTC), NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements

See all updates »

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the…more

Anti-Competitive, Antitrust Provisions, Competition, Department of Justice (DOJ), Enforcement Actions

See all updates »

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

See all updates »

Federal Tax Reform May Affect Estate Planning

On November 2, the House Ways and Means Committee released a draft tax reform bill known as the Tax Cuts and Jobs Act. The Senate Finance Committee followed on November 9 with its own outline for tax reform legislation. Both…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Income Taxes

See all updates »

501(c)(4) Organizations: Giving with an Edge

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of…more

501(c)(4), Internal Revenue Code (IRC), Nonprofits, Social Welfare Organizations, Tax Deductions

See all updates »

Multistate Coalition of State Attorneys General Secures $49.5 Million from Cloud Company Blackbaud for 2020 Data Breach

State regulators across the country continue to increase their focus on cyber security and data privacy compliance and enforcement. For years, cloud company Blackbaud, a service provider to thousands of nonprofit enterprises,…more

Cybersecurity, Data Breach, Data Protection, Data Security, Enforcement Actions

See all updates »

Eight Noteworthy Investment Adviser Enforcement Actions From the First Half of 2023

Presented below is a highlight of eight noteworthy enforcement actions the Securities and Exchange Commission has taken against investment advisers through the second quarter of 2023. Since the beginning of this year, the SEC’s…more

Breach of Duty, Broker-Dealer, Conflicts of Interest, Enforcement Actions, Fiduciary Duty

See all updates »

UPDATE: SEC Wins Shadow Trading Trial But Court Will Get a Second Look

On April 5, 2024, after an eight-day trial, a jury found Matthew Panuwat liable for violating insider trading laws. Commenting on the Securities and Exchange Commission’s victory, Gurbir Grewal, the agency’s Director of the…more

Confidential Information, Enforcement Actions, Insider Trading, Investors, Jury Trial

See all updates »

One Down But One to Go: Judge McMahon Concludes Asserted Patent is Not Unenforceable Through Infectious Unenforceability

On February 23, 2024, Judge McMahon (S.D.N.Y.) entered findings of fact and conclusions of law pertaining to issues relating to Defendant Lutron Electronics Co. (“Lutron”)’s defenses of invalidity and unenforceability of U.S…more

Patent Applications, Patent Invalidity, Patent Litigation, Patents, USPTO

See all updates »

2024: A New Year; A New Reporting Regime

As discussed in our February 4, 2022 client alert and our December 15, 2022 client alert, certain legal entities are now subject to new reporting requirements in the United States about their beneficial ownership pursuant to the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, FinCEN, Regulatory Requirements

See all updates »

Buttery Smooth Application: District Courts Narrowly Apply Second Circuit Precedent in False-Ad Cases

Consumers in false-advertising cases have long targeted food packaging for purportedly misrepresenting the presence or quantity of an ingredient in a product. These litigants typically contend that a product’s name—e.g., “All…more

Advertising, False Advertising, Food Labeling, Food Manufacturers, Food Marketing

See all updates »

Supreme Court Hears Oral Arguments in SEC v. Cochran, a Case Concerning Challenges to Federal Administrative Proceedings

On November 7, 2022, the U.S. Supreme Court heard oral arguments in the cases of SEC v. Cochran and Axon Enterprise, Inc. v. FTC, which address whether respondents in federal administrative proceedings have the ability to pose…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, SCOTUS, Securities and Exchange Commission (SEC)

See all updates »

2024: A New Year; A New Reporting Regime

As discussed in our February 4, 2022 client alert and our December 15, 2022 client alert, certain legal entities are now subject to new reporting requirements in the United States about their beneficial ownership pursuant to the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, FinCEN, Regulatory Requirements

See all updates »

New York Passes Postmortem Right of Publicity Statute

On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and…more

Advertising, Celebrities, Commercial Use, Deceased, Governor Cuomo

See all updates »

TikTok Ban on Government Contractors’ Devices

In recent years, TikTok has become one of the most popular social media apps in the United States, with more than 150 million users, and the most popular smartphone app in the United States. Despite its widespread popularity in…more

Data Security, Federal Contractors, Mobile Apps, Mobile Devices, Social Media

See all updates »

Popularity of Subchapter V Bankruptcy Filings

In 2019, Congress enacted the Small Business Reorganization Act, which created subchapter V within chapter 11 of the Bankruptcy Code. Congress’ intent was to create a more cost-efficient and streamlined restructuring process…more

Bankruptcy Code, Bankruptcy Reform, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

Second Circuit Sheds Light On Voir Dire Challenges

In United States v. Mendlowitz, the Second Circuit (Kearse, Pooler, and Menashi) issued a summary order in which the panel affirmed the defendant-appellant’s conviction for wire fraud and conspiracy to commit wire fraud…more

Bias, Criminal Convictions, Juror, Wire Fraud

See all updates »

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to…more

Compliance, Employee Rights, Employees, Employer Responsibilities, Independent Contractors

See all updates »

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint…more

Advertising, Class Action, Class Certification, Damages, False Advertising

See all updates »

Update: Judge Issues Decision and Final Judgment in DOJ Antitrust Case Against JetBlue

In May, we discussed two antitrust lawsuits brought against JetBlue Airways Corporation (“JetBlue”) by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. One lawsuit is focused on JetBlue’s proposed…more

Acquisitions, Antitrust Litigation, Department of Justice (DOJ), Sherman Act

See all updates »

Second Circuit Remands for Resentencing in Watts v. United States

In Watts v. United States, the Second Circuit (Livingston, Parker, Park) issued an unpublished summary order that affirmed Michael Watts’ convictions for his role in a pump-and-dump scheme, and agreed with the government that…more

Criminal Convictions, Fraud, Indictments, Pump and Dump

See all updates »

Your Estate Plan and the Corporate Transparency Act

You may already be aware of a new federal law called the Corporate Transparency Act (the CTA), which became effective on January 1, 2024. The CTA was enacted as part of the National Defense Authorization Act and mandates that…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Limited Liability Company (LLC)

See all updates »

New York City Bans Employment Discrimination Based on Height and Weight

On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023. …more

Anti-Discrimination Policies, Discrimination, Employer Responsibilities, Employment Discrimination, Hiring & Firing

See all updates »

Cross-Border Tax-Related COVID-19 Relief

On April 21, 2020, the IRS released a much-awaited package of guidance in the cross-border tax space that provides relief to those impacted by the COVID-19 pandemic. The guidance relates to (1) day-counting for both tax…more

Coronavirus/COVID-19, IRS, Relief Measures

See all updates »

New York’s Department of Financial Services Seeks Comment on the Use of Artificial Intelligence in Insurance Underwriting and Pricing

The New York State Department of Financial Services (“DFS”) has entered its voice regarding the use of artificial intelligence (“AI”) by insurers by issuing for public comment a proposed circular letter addressing the use of…more

Artificial Intelligence, Discrimination, Financial Services Industry, Insurance Regulations, NYDFS

See all updates »

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

See all updates »

Commercial Division Finds Alleged Obligations Under Term Sheet Constitute Unenforceable Agreement to Agree

As we have written about previously, the Commercial Division has held that certain types of preliminary agreements between parties constitute unenforceable “agreements to agree” under New York law. To avoid this fate, a party…more

Mortgages, Real Estate Development, Real Estate Investments

See all updates »

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

See all updates »

Full Federal Circuit Denies En Banc Review of Jurisdictional Decision with Important Implications for BPCIA Litigation

On June 20, 2016, the full Federal Circuit denied Mylan’s petitions for rehearing en banc in Acorda Therapeutics Inc. v. Mylan Pharms. Inc., 817 F.3d 755 (Fed. Cir. 2016), leaving intact the panel’s decision affirming two…more

Abbreviated New Drug Application (ANDA), BPCIA, Commercial Marketing, Corporate Counsel, Forum Selection

See all updates »

Does Your Retirement Plan Need a 'PLESA'?

Pension-Linked Emergency Savings Accounts (“PLESAs”) are a special retirement plan feature created under SECURE ACT 2.0. PLESAs were first permitted to be made available to participants as of January 1, 2024. PLESAs, which…more

401k, 403(b) Plans, Benefit Plan Sponsors, Compensation & Benefits, Department of Labor (DOL)

See all updates »

Seventh Circuit Rescues McDonald’s Workers’ Challenge to No-Poach Clause

The Seventh Circuit recently revived an antitrust challenge to a clause in McDonald’s franchise agreements barring franchises from poaching other franchises’ employees. (See our previous coverage of antitrust challenges to…more

Antitrust Provisions, Franchise Agreements, Franchises, Hiring & Firing, No-Poaching

See all updates »

FDA’s Draft Guidance for Industry Seeks to Answer Questions on Biosimilar Interchangeability

FDA has published new draft guidance for industry titled “Biosimilarity and Interchangeability: Additional Draft Q&As on Biosimilar Development and the BPCI Act.” …more

Biologics, Biosimilars, BPCI, Draft Guidance, Food and Drug Administration (FDA)

See all updates »

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to…more

Compliance, Employee Rights, Employees, Employer Responsibilities, Independent Contractors

See all updates »

Your Estate Plan and the Corporate Transparency Act

You may already be aware of a new federal law called the Corporate Transparency Act (the CTA), which became effective on January 1, 2024. The CTA was enacted as part of the National Defense Authorization Act and mandates that…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Limited Liability Company (LLC)

See all updates »

Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement

The Federal Circuit considered its 35 U.S.C. § 112 enablement case law and found that “the enablement inquiry for claims that include functional requirements”—in this case, claims to antibodies defined by their function—“can be…more

Amgen, Biotechnology, Patent Litigation, Patents, Pharmaceutical Industry

See all updates »

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services…more

Attorney-Client Privilege, Corporate Counsel, Cyber Attacks, Data Breach, Discovery

See all updates »

Markets Promptly See Effect of New SEC Cybersecurity Disclosure Rules

On December 18, 2023, prior to the trading session, VF Corp. (NYSE:VFC) issued a press release disclosing that the company was investigating unauthorized activity on its computer systems – and that the intrusion had encrypted…more

Corporate Governance, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

See all updates »

Seeking to Avoid Circuit Split, Circuit Affirms FECA Conviction

In United States v. Kukushkin, the Second Circuit (Pooler, Lohier, and Nathan) affirmed the conviction of Andrey Kukushkin for conspiring to illegally donate monies to a political campaign in violation of 52 U.S.C. §§ 30121,…more

Due Process, Political Campaigns, Statutory Interpretation, White Collar Crimes

See all updates »

CARES Act: Paycheck Protection Program (PPP) FAQs

On April 6, 2020, the Small Business Administration (the “SBA”) in consultation with the Department of the Treasury released additional guidance reflecting the implementation of the Paycheck Protection Program (“PPP”) of the…more

CARES Act, Paycheck Protection Program (PPP), Relief Measures, SBA, SBA Lending Programs

See all updates »

2024: A New Year; A New Reporting Regime

As discussed in our February 4, 2022 client alert and our December 15, 2022 client alert, certain legal entities are now subject to new reporting requirements in the United States about their beneficial ownership pursuant to the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, FinCEN, Regulatory Requirements

See all updates »

Securities Class Action Filings – Cornerstone Research 2022 Year in Review

Earlier this month, Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse released a report analyzing 2022 securities class action filings. The report indicates that overall securities class…more

Class Action, Corporate Counsel, Cryptocurrency, Securities and Exchange Commission (SEC), Securities Litigation

See all updates »

Increase in Securities Litigation and Regulatory Scrutiny Concerning Artificial Intelligence

Several recent lawsuits, and comments by the U.S. Securities and Exchange Commission (“SEC”) and Federal Trade Commission (“FTC”), underscore the increasing litigation and regulatory scrutiny concerning the use of artificial…more

Algorithms, Artificial Intelligence, Class Action, Disclosure Requirements, Federal Trade Commission (FTC)

See all updates »

The End to Mandatory Arbitration of Sexual Assault and Sexual Harassment Disputes

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (the “FAA”) to give individuals asserting…more

Biden Administration, Federal Arbitration Act, Mandatory Arbitration, Sexual Assault, Sexual Harassment

See all updates »

501(c)(4) Organizations: Giving with an Edge

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of…more

501(c)(4), Internal Revenue Code (IRC), Nonprofits, Social Welfare Organizations, Tax Deductions

See all updates »

Foreign Trusts Present Tricky Eligibility Issues

In bankruptcy as in federal jurisprudence generally, to characterize something with the near-epithet of “federal common law” virtually dooms it to rejection. But, since “common law” is “[t]he body of law derived from judicial…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Eligibility

See all updates »

Not So Strange: Circuit Affirms Sentencing Enhancement Where Defendant Fabricated Letters Submitted to Sentencing Court

In a recent opinion, the Second Circuit upheld a 57-month sentence that applied a two-level sentencing enhancement for obstruction of justice and rejected a request for a sentencing reduction for acceptance of responsibility…more

Criminal Convictions, Obstruction of Justice, Sentencing

See all updates »

Federal Circuit Upholds Jury Award, Weighs in on Willfulness Standard, in Adynovate® Dispute

According to the Federal Circuit, $173 million was the right damages award for almost three years of patent infringement resulting from Baxalta’s sale of its biologic product Adynovate® (Antihemophilic Factor (Recombinant),…more

Damages, Jury Awards, Patent Infringement, Patent Litigation, Patents

See all updates »

In False Ad Dispute Between Inhaler Companies, Court Grants PI Enjoining Unsupportable Clinical Superiority Claims

In its recent decision granting a preliminary injunction in GlaxoSmithKline v. Boehringer Ingelheim Pharmaceuticals, No. 19-5321, the United States District Court for the Eastern District of Pennsylvania enjoined a…more

False Advertising, Injunctions, Manufacturers, Marketing, Medical Devices

See all updates »

UPDATE: SEC Wins Shadow Trading Trial But Court Will Get a Second Look

On April 5, 2024, after an eight-day trial, a jury found Matthew Panuwat liable for violating insider trading laws. Commenting on the Securities and Exchange Commission’s victory, Gurbir Grewal, the agency’s Director of the…more

Confidential Information, Enforcement Actions, Insider Trading, Investors, Jury Trial

See all updates »

Commercial Division Court Issues a Decision Extending Time for Service and Permitting Alternative Service Methods to Foreign Defendants

On July 17, 2023, Justice Reed of the New York County Commercial Division issued a decision extending the time for service and permitting the Plaintiff in Zantaz Enter. Archive Solution, LLC v. Adecco IT Servs., Inc., Index No…more

Foreign Corporations, Foreign Defendants, Jurisdiction, Service of Process, Time Extensions

See all updates »

Commercial Division Dismisses Duplicative Claims under the Doctrines of Res Judicata and Collateral Estoppel

In Haart v. Scaglia, Justice Borrok of the New York County Commercial Division partially granted the defendant’s motion to dismiss based on the doctrines of res judicata and collateral estoppel. The Court found that the…more

Business Divorce, Business Litigation, Collateral Estoppel, Res Judicata

See all updates »

Judge Rakoff Orders Lab-Made Diamond Maker to Pay Fees for Manufacturing Fake Claims

On February 21, 2024, Judge Rakoff (S.D.N.Y) granted a defendant’s motion for attorney’s fees and costs in Carnegie Institute of Technology v. Fenix Diamonds. The Carnegie Institution for Science and its patent licensee, the…more

Attorney's Fees, Claim Construction, Intellectual Property Protection, Patent Infringement, Patent Litigation

See all updates »

Federal Circuit Holds That Amendments to Biosimilar’s BLA Do Not Trigger Anew BPCIA’s Notice of Commercial Marketing Provision

Under Section 262(l)(8)(A) of the BPCIA, a biosimilar maker must provide notice to the reference product sponsor 180 days before the date of first commercial marketing of the biosimilar. …more

aBLA, Biosimilars, BPCIA, Commercial Marketing, Food and Drug Administration (FDA)

See all updates »

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

See all updates »

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

See all updates »

NYSE Proposes Rule Changes Requiring Foreign Private Issuers to Submit Semi-Annual Financial Information to SEC

The New York Stock Exchange (NYSE) recently proposed amendments to the NYSE Listed Company Manual (Manual) to adopt a requirement that NYSE-listed foreign private issuers (FPIs) submit semi-annual unaudited financial information…more

Financial Statements, Foreign Private Issuers, NYSE, Proposed Amendments, Publicly-Traded Companies

See all updates »

Update: FTC Reopens its In-House Challenge of Microsoft's Acquisition of Activision

Last month, we discussed where things stand regarding Microsoft’s proposed $69 billion acquisition of Blizzard, Inc. (“Activision”) in light of domestic and international challenges to the proposed deal. This week, the…more

Acquisitions, Activision, Competition, Federal Trade Commission (FTC), Microsoft

See all updates »

All-or-Nothing Damages Strategy Leaves Promega with Nothing

The Federal Circuit’s recent decision in Promega Corp. v. Life Technologies Corp. is a cautionary tale that failure to present evidence of damages closely tied to each alternative basis of liability may result in a hollow…more

35 U.S.C. § 271(e)(1), Biologics, Calculation of Damages, Intellectual Property Protection, Life Technologies Corp v Promega Corp

See all updates »

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”?  And who gets to decide?  A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t…more

Beverage Manufacturers, Class Action, Food and Drug Administration (FDA), Food Manufacturers, Misbranding

See all updates »

IRS Extends Deadline for Plan Amendments Under Certain Provisions of the CARES Act and the Relief Act

On September 26, 2022, the Internal Revenue Service issued Notice 2022-45, extending the deadline to amend eligible retirement plans (including nongovernmental qualified plans and 403(b) plans and individual retirement…more

CARES Act, Employee Benefits, Employee Retirement Income Security Act (ERISA), IRS, Retirement Plan

See all updates »

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

See all updates »

Sweeping Tax Reform Impacts Tax-Exempt Organizations

After a short period of deliberations by the House of Representatives (the “House”) and the Senate, President Trump signed the final version of H.R. 1 into Public Law No. 115-97 on December 22, 2017 (the “New Law”). The New Law…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

See all updates »

Seventh Circuit Rescues McDonald’s Workers’ Challenge to No-Poach Clause

The Seventh Circuit recently revived an antitrust challenge to a clause in McDonald’s franchise agreements barring franchises from poaching other franchises’ employees. (See our previous coverage of antitrust challenges to…more

Antitrust Provisions, Franchise Agreements, Franchises, Hiring & Firing, No-Poaching

See all updates »

The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing…more

Appeals, Child Pornography, Criminal Convictions, Criminal Prosecution, Resentencing

See all updates »

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

See all updates »

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

See all updates »

Commercial Division Reaffirms that a Party May Waive Right to Arbitration Through Conduct

How long and to what extent can a party litigate in court before claiming that the dispute needs to be arbitrated? That issue has come up with some frequency in state and federal courts throughout the country…more

Arbitration, Arbitration Agreements, Business Disputes, Business Litigation

See all updates »

New SEC Rules Required Public Companies to Promptly Disclose Cyberattacks

On July 26, 2023, the Securities and Exchange Commission (the “SEC”) adopted rules requiring public companies to promptly disclose material cybersecurity breaches on Form 8-K and detailed information regarding their…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 10-K, Form 8-K

See all updates »

Two (Out of Three) Thumbs Down: Divided Ninth Circuit Panel Rules Rigged Product Reviews Can Be Actionable False Advertising

When you’re in the market for a fresh haircut or a new restaurant, innumerable business and product reviews are available to guide you towards a cleaner trim or tastier takeout. But what happens when the reviewer is not an…more

Advertising, Appeals, False Advertising, First Amendment, Lanham Act

See all updates »

Implications of the Supreme Court’s Windsor Decision on Estate Planning for Same-sex Couples

On June 26, 2013, the Supreme Court, in its decision in United States v. Windsor, overturned Section 3 of the Federal Defense of Marriage Act (“DOMA”). The Court ruled that the Federal government could not deny tax and other…more

DOMA, Estate Planning, Gift-Tax Exemption, Income Taxes, Lifetime Limits

See all updates »

The Importance of Following Proper Procedure (and the Court’s Instructions)

In Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C.,  Justice Platkin of the Albany County Commercial Division denied defendants’ fact-based motion to dismiss brought under CPLR 3211(a)(7) (failure to state a claim) and…more

Motion to Dismiss, Summary Judgment

See all updates »

The Supreme Court Confirms The Government’s Significant Discretion To Dismiss False Claims Act Cases

On June 16, 2023, the Supreme Court ruled in United States ex rel. Polansky v. Executive Health Resources, Inc., that (i) under the False Claims Act, the government may move to dismiss a False Claims Act (“FCA”) action pursuant…more

Article II, Dismissals, False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam

See all updates »

Commercial Division Permits COVID-Related Contract Termination Pursuant to “Market Disruption” Clause

The onset of the COVID-19 pandemic in the Spring 2020 brought immense market uncertainty, which in turn placed serious strain on contractual relationships.  Amid that strain, a question on the minds of many commercial parties…more

Business Interruption, Commercial Contracts, Contract Termination, Contract Terms, Coronavirus/COVID-19

See all updates »

501(c)(4) Organizations: Giving with an Edge

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of…more

501(c)(4), Internal Revenue Code (IRC), Nonprofits, Social Welfare Organizations, Tax Deductions

See all updates »

Does Your Retirement Plan Need a 'PLESA'?

Pension-Linked Emergency Savings Accounts (“PLESAs”) are a special retirement plan feature created under SECURE ACT 2.0. PLESAs were first permitted to be made available to participants as of January 1, 2024. PLESAs, which…more

401k, 403(b) Plans, Benefit Plan Sponsors, Compensation & Benefits, Department of Labor (DOL)

See all updates »

New York’s Department of Financial Services Amplifies its Cybersecurity Regulations

On November 1, 2023, the New York State Department of Financial Services (“DFS”) amended its cybersecurity regulations to institute additional standards and controls aimed at securing sensitive data among the financial services…more

Chief Information Security Officer (CISO), Compliance, Corporate Governance, Cybersecurity, Data Security

See all updates »

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint…more

Advertising, Class Action, Class Certification, Damages, False Advertising

See all updates »

Update: Judge Issues Decision and Final Judgment in DOJ Antitrust Case Against JetBlue

In May, we discussed two antitrust lawsuits brought against JetBlue Airways Corporation (“JetBlue”) by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. One lawsuit is focused on JetBlue’s proposed…more

Acquisitions, Antitrust Litigation, Department of Justice (DOJ), Sherman Act

See all updates »

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”?  And who gets to decide?  A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t…more

Beverage Manufacturers, Class Action, Food and Drug Administration (FDA), Food Manufacturers, Misbranding

See all updates »

Sweeping Tax Reform Impacts Tax-Exempt Organizations

After a short period of deliberations by the House of Representatives (the “House”) and the Senate, President Trump signed the final version of H.R. 1 into Public Law No. 115-97 on December 22, 2017 (the “New Law”). The New Law…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

See all updates »

501(c)(4) Organizations: Giving with an Edge

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of…more

501(c)(4), Internal Revenue Code (IRC), Nonprofits, Social Welfare Organizations, Tax Deductions

See all updates »

Commercial Division Finds Movie Theater Not Entitled to Business Interruption Coverage for COVID-19 Closures

Last summer, we wrote about two principles of New York law that could provide a path to insurance coverage for businesses hit hard by the economic losses resulting from Governor Cuomo’s COVID-19-related shutdown orders…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Denial of Insurance Coverage, Governor Cuomo

See all updates »

2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,…more

Employment Discrimination, Independent Contractors, New York, Non-Disclosure Agreement, Retaliation

See all updates »

CARES Act: Paycheck Protection Program (PPP) FAQs

On April 6, 2020, the Small Business Administration (the “SBA”) in consultation with the Department of the Treasury released additional guidance reflecting the implementation of the Paycheck Protection Program (“PPP”) of the…more

CARES Act, Paycheck Protection Program (PPP), Relief Measures, SBA, SBA Lending Programs

See all updates »

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

See all updates »

The Holding Foreign Companies Accountable Act and its Potential Repercussions

U.S. capital markets are beginning to experience the effects of the passage of the Holding Foreign Companies Accountable Act (HFCAA). Amid continuing tensions between the United States and China, then-President Trump signed the…more

Audits, Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Corporations

See all updates »

Second Circuit Denies En Banc Review, Entrenches Circuit Split in Liquor Law Challenge

In February 2019, the Second Circuit held that Connecticut’s “post-and-hold” alcohol pricing statute is not preempted by Section 1 of the Sherman Act. In September 2019, following a petition for en banc review, the Second…more

Antitrust Litigation, Antitrust Provisions, Competition, Sherman Act

See all updates »

Implementation of DFS Cybersecurity Amendments Continues as Ransomware Attacks Dominate Headlines

Last month, as the New York State Department of Financial Services (“DFS”) began phasing in amended cybersecurity regulations and continued enforcement actions against noncompliant entities, a wave of ransomware attacks roiled…more

Compliance, Cyber Attacks, Cybersecurity, Enforcement Actions, Financial Services Industry

See all updates »

Commercial Division Court Issues A Decision Striking A Defendant’s Answer Over Discovery Violations

In a recent decision in Tsung Tsin Ass'n v. Tian Xiang Zhu, Index No. 651584/2023, Doc. No. 213, 2023 BL 426536 (Sup. Ct. N.Y. Cnty. Nov. 16, 2023), Justice Schecter of the New York County Commercial Division took the rare step…more

Commercial Court, Corporate Waste, Discovery, Discovery Violations, Fraud

See all updates »

Q2 2019 Review: Biosimilar IPRs See a Drop in New Filings and Mixed Results

At the end of 2017, inter partes review (IPR) proceedings for biosimilar products were on the rise. 2018 and the first half of 2019, however, have seen a dip in the number of new filings. And looking back at biosimilar IPRs…more

Biologics, Biosimilars, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

See all updates »

GAO Backs “Comprehensive” Privacy Legislation

A recent report by the Government Accountability Office (GAO) is recommending that Congress adopt comprehensive federal data privacy legislation…more

Cybersecurity, Data Privacy, Data Protection, Federal Trade Commission (FTC), FTC Act

See all updates »

New York Passes Postmortem Right of Publicity Statute

On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and…more

Advertising, Celebrities, Commercial Use, Deceased, Governor Cuomo

See all updates »

Protective Refund Claims in Light of Pending Moore v. United States Decision

Taxpayers, including some of the firm’s current and former clients, may be affected by the outcome of the Supreme Court case Moore v. United States, which will address the constitutionality of the Section 965 “Transition Tax,”…more

Investment, IRS, Tax Cuts and Jobs Act, Tax Returns, Transition Tax

See all updates »

Popularity of Subchapter V Bankruptcy Filings

In 2019, Congress enacted the Small Business Reorganization Act, which created subchapter V within chapter 11 of the Bankruptcy Code. Congress’ intent was to create a more cost-efficient and streamlined restructuring process…more

Bankruptcy Code, Bankruptcy Reform, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

Commercial Division Decision Suggests Insurers May Struggle to Enforce Anti-Assignment Clauses in Prior-Incurred Loss Cases

In Certain Underwriters at Lloyd’s v. AT&T Corp.,[1] Justice Cohen of the New York County Commercial Division Court granted a motion for partial summary judgment and determined that Nokia, through its predecessor Lucent, had the…more

Anti-Assignment Clauses, Commercial Court, Insurance Industry, Partial Summary Judgments

See all updates »

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark International,…more

Copyright Infringement, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components

See all updates »

Nothing Brewing: Second Circuit Affirms Dismissal of False Ad Claims Against Starbucks

The Second Circuit recently decided an appeal of a putative consumer class action, in which New York Starbucks patrons alleged that the smell of freshly brewed coffee wasn’t the only thing wafting in the air at the famous coffee…more

Dismissals, False Advertising, Putative Class Actions, Starbucks

See all updates »

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to…more

Compliance, Employee Rights, Employees, Employer Responsibilities, Independent Contractors

See all updates »

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

See all updates »

Consumer Claims Melt Away Under District Court’s Scrutiny

In a recent decision, Beers v. Mars Wrigley Confectionery US, LLC, Judge Seibel of the District Court for the Southern District of New York dismissed all of Plaintiff Steven Beers’s claims under Sections 349 and 350 of the New…more

False Advertising, Food Labeling, Food Manufacturers, Misrepresentation, Nutrition Facts Labels

See all updates »

Court Blocks Enforcement of California’s New Data Privacy Regulations—For Now

On June 30, 2023, the California Superior Court issued a decision blocking the California Privacy Protection Agency (“CPPA” or the “Agency”) from enforcing new regulations governing the collection and use of consumer data until…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, Data Protection

See all updates »

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark International,…more

Copyright Infringement, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components

See all updates »

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States Congress

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on various…more

Criminal Convictions, Criminal Prosecution, Evidence, First Amendment, Sentencing

See all updates »

Second Circuit Affirms Sentencing Court’s Delegation of Verification Testing Decision to Probation

In United States v. Villafane-Lozada, No. 19-2098 (2d Cir. Sept. 3, 2020) (Livingston, Sullivan, Park), the Second Circuit rejected a defendant’s challenge to the district court’s delegation to probation the decision of which…more

Probation, Ripeness, Sex Offenders, Supervised Release

See all updates »

Justice Breyer’s Antitrust Legacy

Under the Biden Administration, the FTC and DOJ have voiced a commitment to an expansive enforcement of antitrust law.  The recent confirmation of Judge Ketanji Brown Jackson to assume Justice Breyer’s position on the Supreme…more

Antitrust Litigation, Antitrust Provisions, Justice Breyer, Legal Opinion

See all updates »

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

See all updates »

WTO to Discuss Member Proposal to Waive IP Rights for COVID-19 Technologies

On October 2, 2020, India and South Africa urged the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council to temporarily waive the obligation of member states under the TRIPS…more

Copyright, Coronavirus/COVID-19, Patents, Trade Secrets, TRIPS Agreement

See all updates »

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

See all updates »

NYC Department of Consumer and Worker Protection Issues Final Rules Under NYC's Earned Safe and Sick Time Act

In September 2023, the New York City Department of Consumer and Worker Protection (“the Department”) finalized amendments to rules (“final rules”) under the New York City Earned Safe and Sick Time Act (“ESSTA”). These rules…more

Employee Benefits, New York, Paid Leave, Paid Sick Leave, Sick Leave

See all updates »

Labor Department Issues New Independent Contractor Rule

On January 10, 2024, the Wage and Hour Division of the United States Department of Labor (“DOL”) published a final rule (the “Final Rule”), which became effective on March 11, 2024, modifying the DOL’s guidance on how to analyze…more

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

See all updates »

Judge Ho Calls Strike Three on Plaintiff’s Subpoena to Baseball Star Bryce Harper

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under…more

Patent Infringement, Patent Litigation, Patents, Subpoenas

See all updates »

New York’s Department of Financial Services Seeks Comment on the Use of Artificial Intelligence in Insurance Underwriting and Pricing

The New York State Department of Financial Services (“DFS”) has entered its voice regarding the use of artificial intelligence (“AI”) by insurers by issuing for public comment a proposed circular letter addressing the use of…more

Artificial Intelligence, Discrimination, Financial Services Industry, Insurance Regulations, NYDFS

See all updates »

The Supreme Court Confirms The Government’s Significant Discretion To Dismiss False Claims Act Cases

On June 16, 2023, the Supreme Court ruled in United States ex rel. Polansky v. Executive Health Resources, Inc., that (i) under the False Claims Act, the government may move to dismiss a False Claims Act (“FCA”) action pursuant…more

Article II, Dismissals, False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam

See all updates »

DFS Announces Consent Decree with OneMain Financial Group, LLC

By press release on May 25, 2023, The New York Department of Financial Services (“DFS”) announced a Consent Order with OneMain Financial Group LLC (“OneMain”) for failing to comply with the DFS’s Cybersecurity Regulation (23…more

Consent Order, Cybersecurity, Data Security, Financial Services Industry, NYDFS

See all updates »

The Holding Foreign Companies Accountable Act and its Potential Repercussions

U.S. capital markets are beginning to experience the effects of the passage of the Holding Foreign Companies Accountable Act (HFCAA). Amid continuing tensions between the United States and China, then-President Trump signed the…more

Audits, Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Corporations

See all updates »

Paycheck Protection Program Act Update: Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”), which was signed into law on December 27, 2020, includes several updates to the Paycheck Protection Program (the “PPP”) originally established by the Coronavirus Aid,…more

Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Loan Forgiveness, Loans

See all updates »

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the…more

Criminal Prosecution, Deportation, Immigrants, Ineffective Assistance of Counsel, Padilla v. Kentucky

See all updates »

DOJ Loses Again on Challenge to U.S. Sugar-Imperial Sugar Deal

On July 13, 2023, the U.S. Court of Appeals for the Third Circuit declined to block the $315 million purchase of Imperial Sugar Company (“Imperial”) by United States Sugar Corporation (“U.S. Sugar”), rejecting the Department of…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Mergers, Popular

See all updates »

Biden Administration Issues Executive Order Regarding Safety, Security, and Trustworthiness of AI

On October 30, 2023, the White House issued an Executive Order to address the growing innovations—and attendant concerns—regarding artificial intelligence (“AI”). The Executive Order is the first federal attempt to broadly…more

Artificial Intelligence, Biden Administration, Competition, Cybersecurity, Data Privacy

See all updates »

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

See all updates »

The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing…more

Appeals, Child Pornography, Criminal Convictions, Criminal Prosecution, Resentencing

See all updates »

Microsoft and Activision: Where Things Stand

Since the announcement of a proposed merger between Microsoft and Activision Blizzard, Inc. (“Activision”) in February 2022, enforcement agencies worldwide have adopted a spectrum of positions in response. The EU Commission and…more

Activision, Federal Trade Commission (FTC), FTC Act, Mergers, Microsoft

See all updates »

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

See all updates »

FinCEN Issues Notice of Proposed New Beneficial Ownership Information Reporting Requirements Under the Corporate Transparency Act

The Financial Crimes Enforcement Network (“FinCEN”), a bureau of the United States Department of the Treasury, published a Notice of Proposed Rulemaking (the “Proposed Rules”) on December 8, 2021 in the Federal Register. The…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

OFAC Advises Companies To Institute Rigorous Compliance Controls In Light Of Russia-Related Sanctions

On March 2, 2023, the United States Department of Commerce’s Bureau of Industry and Security (BIS), the United States Department of Justice (DOJ), and the United States Department of the Treasury’s Office of Foreign Assets…more

Biden Administration, Economic Sanctions, Export Controls, Office of Foreign Assets Control (OFAC), Russia

See all updates »

Zoom Reverses Course on Contemplated Use of Customer Content to Train Artificial Intelligence

Zoom’s recent reversal on changes to its terms of service illustrates both data security and privacy minefields particular to the growth of generative AI. Previously, the terms of service of the popular videoconferencing…more

Artificial Intelligence, Confidential Information, Data Security, Machine Learning, Personal Information

See all updates »

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

See all updates »

Judge Ho Calls Strike Three on Plaintiff’s Subpoena to Baseball Star Bryce Harper

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under…more

Patent Infringement, Patent Litigation, Patents, Subpoenas

See all updates »

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and services…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Distributors, Healthcare Workers, Immunity

See all updates »

Knitting Together Rulings for Both Parties: Judge Subramanian Issues Claim Construction Order in Nike v. Lululemon Flyknit

On December 28, 2023, District Judge Subramanian (S.D.N.Y.) issued claim construction rulings in Nike, Inc. v. Lululemon USA Inc. on four disputed terms. The Court resolved two of the disputed terms in favor of Nike, Inc…more

Claim Construction, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

See all updates »

Supreme Court Resolves Issues Under False Claims Act and Flags Others

As we previously wrote on the blog, the Department of Justice has recently expanded its enforcement of the False Claims Act, 31 U.S.C. § 3730, into the arena of data security requirements in contracts with the federal…more

Data Security, False Claims Act (FCA), SCOTUS, US ex rel Tracy Schutte et al v SuperValu Inc et al

See all updates »

501(c)(4) Organizations: Giving with an Edge

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of…more

501(c)(4), Internal Revenue Code (IRC), Nonprofits, Social Welfare Organizations, Tax Deductions

See all updates »

Oh Boy, Can it Core an Apple: Judge Brown Channels the Honeymooners and Finds Plaintiff Entitled to Fees and Costs for Infringement of the Wallet Ninja Design Patent

On December 1, 2023, Judge Gary R. Brown (E.D.N.Y.) awarded Plaintiff Dynamite Marketing, Inc. (“Plaintiff”) fees and costs, declined to enhance damages, granted a permanent injunction against future infringement, and denied…more

Design Patent, Patent Infringement, Patent Litigation, Patents, Willful Infringement

See all updates »

Wegmans, New York Attorney General Enter Settlement to Resolve Data Security Investigation

In a sign that it may be stepping up enforcement of New York’s Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”), the New York Attorney General’s Office (“NYAG”) announced on June 30, 2022 that it had reached a…more

Cloud Storage, Data Breach, Data Security, Electronically Stored Information, Personal Information

See all updates »

501(c)(4) Organizations: Giving with an Edge

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of…more

501(c)(4), Internal Revenue Code (IRC), Nonprofits, Social Welfare Organizations, Tax Deductions

See all updates »

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

See all updates »

Does Your Retirement Plan Need a 'PLESA'?

Pension-Linked Emergency Savings Accounts (“PLESAs”) are a special retirement plan feature created under SECURE ACT 2.0. PLESAs were first permitted to be made available to participants as of January 1, 2024. PLESAs, which…more

401k, 403(b) Plans, Benefit Plan Sponsors, Compensation & Benefits, Department of Labor (DOL)

See all updates »

Executive Order: Cybersecurity Skill Gap in Federal Government

Last week President Trump issued an executive order targeted at improving the quality of the federal government’s cybersecurity workforce. The executive order—which acknowledges the shortage of qualified employees for…more

Cybersecurity, Department of Homeland Security (DHS), Executive Orders, Trump Administration

See all updates »

The Impact of the Supreme Court’s Recent Halliburton Decision on Securities Litigation

On June 23, 2014, the Supreme Court issued its long-awaited decision in Halliburton Co. v. Erica P. John Fund, Inc. In Halliburton, the Court declined to overrule Basic v. Levinson, but rather imposed limitations on the…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

See all updates »

New Rules on Section 83(b) Elections

Prior to a recent change, in order for a Section 83(b) election to be effective, the taxpayer had to: - File the Section 83(b) election within 30 days of the receipt of restricted property (typically, restricted stock) with…more

Equity Compensation, Filing Requirements, IRC Section 83(b), IRS, Restricted Stocks

See all updates »

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the…more

Anti-Competitive, Antitrust Provisions, Competition, Department of Justice (DOJ), Enforcement Actions

See all updates »

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

See all updates »

Courts Reinstates Embezzlement Charges Dismissed as Untimely, Holding that Dismissal was Based on a Premature Assessment of the Government’s Evidence

In United States v. Sampson, decided August 6, 2018, the Court (Cabranes, Livingston, Carney, C.J.J.) reversed the district court’s dismissal of embezzlement charges levied against former New York State Senator John Sampson…more

Criminal Convictions, Criminal Prosecution, Embezzlement, False Statements, Federal Rules of Criminal Procedure

See all updates »

Green Regs and Litigation: The SEC's New Climate Disclosure Rule Under Scrutiny

On March 6, 2024, as the hottest winter ever in the lower forty-eight came to a close, the U.S. Securities and Exchange Commission (“SEC”) issued its long-awaited final rule requiring public companies to disclose some of their…more

Climate Change, Disclosure Requirements, Investors, Public Offerings, Publicly-Traded Companies

See all updates »

Seventh Circuit Addresses Scope of Section 546(e)

We have previously blogged about the section 546(e) defense to a trustee’s avoidance powers under the Bankruptcy Code. A trustee has broad powers to set aside certain transfers made by debtors before bankruptcy. See 11 U.S.C. §§…more

Bankruptcy Code, Bridge Loan, Commercial Bankruptcy, Creditors, Debtors

See all updates »

Joint Juice Ruling Fails to Quench Thirst for Guidance on Class-Wide Statutory Damages Awards

A few months ago, we previewed an imminent decision that would address, for the first time, a long-unsettled question for class actions brought under New York’s General Business Law (“GBL”): can a class of consumers obtain…more

Beverage Manufacturers, Class Action, Statutory Damages

See all updates »

Takeaways from the SEC Division of Enforcement’s FY 2023 Report

On November 14, 2023, the Securities and Exchange Commission (the “SEC”) published its enforcement results for fiscal year 2023. FY23 was another active year in terms of SEC enforcement, with a 3 percent increase in total…more

Cryptoassets, Cryptocurrency, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG)

See all updates »

FDA Promises Guidance on Lawful Off-Label Promotion

In June, the U.S. Food and Drug Administration (the "FDA") announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The…more

Draft Guidance, Enforcement, Federal Trade Commission (FTC), Financial Conduct Authority (FCA), Food and Drug Administration (FDA)

See all updates »

FDA Authorizes First Direct-to-Consumer Test for BRCA Gene Mutations

On March 6, 2018, the U.S. Food and Drug Administration (“FDA”) authorized, with special controls, the first direct-to-consumer test to detect the presence of genetic mutations in the BRCA1 and BRCA2 genes (“BRCA genes”)…more

23andMe, Biotechnology, BRCA, Cancer, Direct to Consumer Sales

See all updates »

Nothing to See Here: Judge Reznik Finds that Privilege with a Patent Prosecuting Attorney Belongs to the Assignee, Not the Inventor

On November 22, 2023, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) provided some rare insight into “the applicability and scope of the attorney-client privilege as it relates to patent counsel.” Op. at 1. Judge…more

Attorney-Client Privilege, Patent Litigation, Patent Prosecution, Patents, Privileged Communication

See all updates »

Citing Knowledge of Irregularities in Purported Ponzi Scheme, Bankruptcy Court Deems Pre-Bankruptcy Transfers Fraudulent

Publicly, Diamond Finance Co. (“Diamond”) provided car loans to individuals with less-than-stellar credit. While Diamond did have “some actual business,” its purpose “quickly became a front to lure unsuspecting investors.”…more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Commercial Bankruptcy, Fraudulent Transfers

See all updates »

Commercial Division Denies Car Dealership Owner’s Motion to Dismiss Suit Brought by Dealership’s Operating Companies, Puts Internal Dispute Back in Gear

Judge Richard Platkin of Albany County recently handed down a stark reminder to Defendant Walid Darwish: everyone has to follow the rules of the road, even the person who writes the rules and owns all the cars. On April 26,…more

Board of Directors, Business Litigation, Car Dealerships, Evidence, Forum Selection

See all updates »

Court Considers Emails and Letters as “Documentary Evidence” in Dismissing Legal Malpractice Complaint Pursuant to CPLR 3211(a)(1) and (a)(7)

Citing “substantial documentary evidence” consisting of emails and letters, Justice Borrok of Manhattan’s Commercial Division concluded that a legal malpractice claim brought by former president of Universal Music Group’s…more

Attorney Malpractice, Commercial Court, Discovery, Dismissals, Electronic Communications

See all updates »

Working Out Damages for Wrongful Enjoinment: Judge Rochon Provides Guidance in Exercise-Equipment Case

In a patent case brought against 163 defendants that was voluntarily dismissed by the plaintiff, Judge Rochon issued an opinion that offers guidance for defendants that have been wrongfully enjoined via an ex parte temporary…more

Damages, Design Patent, Intellectual Property Protection, Patent Infringement, Patent Litigation

See all updates »

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and services…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Distributors, Healthcare Workers, Immunity

See all updates »

Justice Department Withdraws Guidance on Information-Sharing

A few weeks ago, the Justice Department’s Antitrust Division announced the withdrawal of three long-standing policy statements related to antitrust enforcement in healthcare markets — Department of Justice and FTC Antitrust…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Health Care Providers, Information Governance

See all updates »

Commercial Division Dismisses Commercial Tenant’s Complaint Seeking to Rescind or Terminate Lease and Avoid Rent Obligations

Recently, in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, Justice Andrew Borrok of the New York County Commercial Division dismissed a complaint brought by Valentino U.S.A., Inc. (“Valentino” or “Tenant”), which sought to…more

Business Interruption, Commercial Leases, Commercial Tenants, Dismissals, Landlords

See all updates »

In re Asacol: First Circuit Sharply Limits Certification of Antitrust Classes Containing Uninjured Members

In a recent decision, the U.S. Court of Appeals for the First Circuit held that Rule 23’s “predominance” requirement barred certification of a class of all indirect purchasers of a prescription drug because the class included…more

Anti-Competitive, Antitrust Litigation, Class Action, Class Certification, Putative Class Actions

See all updates »

501(c)(4) Organizations: Giving with an Edge

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of…more

501(c)(4), Internal Revenue Code (IRC), Nonprofits, Social Welfare Organizations, Tax Deductions

See all updates »

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

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide