Shook, Hardy & Bacon L.L.P.

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2555 Grand Blvd.
Kansas City, MO 64108, United States
Phone: 816.474.6550
Fax: 816.421.5547

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Areas Of Practice
  • Agriculture
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Torts
  • Class Action
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Privacy
  • Products Liability
  • Science, Computers, & Tech
  • Securities Law
  • Toxic Torts
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Massachusetts
  • Missouri
  • Pennsylvania
  • Texas
  • Washington
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases…more

Diversity Jurisdiction, Expert Testimony, Product Defects, Unfair or Deceptive Trade Practices

See all updates »

Uniloc: Targeting Cloud Computing with Volume, Repetition, and Resolve

Prolific Patent Assertion Entity (PAE) Uniloc filed its largest volume of cases in 2018. We previously reported a noticeable increase in filings during 2016-2017. The following year, Uniloc filed 186 cases. However, the number…more

Cloud Computing, Intellectual Property Protection, Patent Infringement, Patents

See all updates »

Food & Beverage Litigation Update - July 2022

The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health…more

Baby Products, FDA, Food Manufacturers, Food Safety, USDA

See all updates »

Public Policy Group Files Amicus Brief Urging New York High Court to Deny Legal Personhood Status to Animal at Behest of Animal Rights Group

Public Policy Group attorneys Phil Goldberg and Christopher Appel, working with partner Scott Chesin in the firm’s New York office, filed an amicus brief urging the New York high court to reject a writ of habeas corpus that an…more

Amicus Briefs, Animal Health, Habeas Corpus

See all updates »

Audio Giant Silencing the Competition: Sonos Continues its Competitor-Centric Patent Offensive, this time against Bluesound and their PULSE line of Wireless Networked Audio Technology

Fresh off the heels of a major patent infringement win against competitor Denon Electronics and their HEOS line of wireless multi-room audio systems, Sonos is now taking aim at Canada-based Lenbrook Industries Limited, the…more

Cloud Computing, Competition, Intellectual Property Protection, Patent Infringement, Patent Litigation

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Patent Venue: The State Of The Law A Year After The Dramatic Changes Introduced By TC Heartland

For decades, it was well-established that defendants in patent cases could be sued almost anywhere they were subject to the court’s personal jurisdiction…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

See all updates »

Wait For It: "Unreasonable Delay" in Bringing Suit is No Longer a Defense in Patent Cases

The U.S. Supreme Court recently issued a 7-1 ruling in SCA Hygiene1 that eliminated the common-law defense of laches in patent infringement cases. The Supreme Court reasoned that laches is a “gap-filling doctrine” that does not…more

Intellectual Property Protection, Laches, Patent Infringement, Patent Litigation, Patents

See all updates »

Podcast: The Changing Tampa Market

The Tampa legal market has evolved since the Shook Tampa office opened in 2000, and Shook attorneys have been adapting to meet the needs of the new market. Listen to Tampa Managing Partner Jennifer Voss and Partner Cecilia…more

Business Development, Law Practice Management

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COVID-19 Client Primer | Senior Living Facilities

Senior Care in the Time of COVID-19 - COVID-19’s impact on senior living companies and facilities cannot be overstated. The virus’s propensity for community transmission was not fully appreciated when many senior care…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Healthcare Facilities

See all updates »

Food & Beverage Litigation Update - July 2022

The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health…more

Baby Products, FDA, Food Manufacturers, Food Safety, USDA

See all updates »

Getting Specific about Specific Jurisdiction: Bristol-Myers Squibb

On June 19, the United States Supreme reaffirmed some basic principles of personal jurisdiction in Bristol-Meyers Squibb Co. v. Superior Court of California, 528 U.S. __ (2017). In a bloody-good 8-1 decision (with only Justice…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Due Process, Forum Shopping, Fourteenth Amendment, General Jurisdiction

See all updates »

Food & Beverage Litigation Update - November 2021

COVID, Consumer Demands Discussed at Ninth Annual Food & Beverage Exchange Conference - Evolving consumer demands, litigation trends and the disruptive effects of the COVID-19 pandemic were featured topics of the Ninth Annual…more

Coronavirus/COVID-19, FDA, Food Safety, FTC, Made in the USA

See all updates »

Government to Review UK Product Safety and Liability Laws

On 11 March 2021 the UK government announced a consultation with the intention of reviewing and strengthening the UK’s product safety laws to ensure that they are fit for the 21st century. Business Minister Paul Scully spoke of…more

Consumer Protection Act, Manufacturers, UK

See all updates »

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code…more

Arbitration Agreements, CA Supreme Court, Civil Monetary Penalty, Class Action Arbitration Waivers, Class Representatives

See all updates »

Public Policy Group Files Amicus Brief Urging New York High Court to Deny Legal Personhood Status to Animal at Behest of Animal Rights Group

Public Policy Group attorneys Phil Goldberg and Christopher Appel, working with partner Scott Chesin in the firm’s New York office, filed an amicus brief urging the New York high court to reject a writ of habeas corpus that an…more

Amicus Briefs, Animal Health, Habeas Corpus

See all updates »

When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S…more

Data-Sharing, Discovery, EU, EU Data Protection Laws, Evidence

See all updates »

COVID-19 Client Primer | UK Medical Device Product Liability

ANALYSIS - Product Liability Risks for Medical Devices in the UK - In order to fast-track the development, manufacture and supply of key medical equipment and devices vital in the fight against COVID-19, governments,…more

Coronavirus/COVID-19, Goods or Services, Manufacturers, Medical Devices, Medical Supplies

See all updates »

Highly Automated and Connected Vehicles Update l August 2019 #2

Autonomous Shuttle Launches in Brooklyn- Optimus Ride has launched the first self-driving shuttle in New York City, which will transport passengers between the ferry and the Brooklyn Naval Yard. Approximately 500 passengers per…more

Artificial Intelligence, Bicycles, Charging Stations, Data Breach, Driverless Cars

See all updates »

The Supreme Court Rules that Patent Rights are Exhausted by a Sale, in the U.S. and Abroad

The Supreme Court issued a 7-1 ruling in Impression Prod., Inc. v. Lexmark Int'l, Inc. that eliminated the ability for a patent holder (“patentee”) to enforce, through patent law, post-sale restrictions on an authorized domestic…more

Foreign Sales, Imports, Impression Products v Lexmark International, Intellectual Property Protection, IP License

See all updates »

COVID-19 Client Primer | EPA Superfund Guidance

EPA Guidance on Superfund Site Field Work and Other Enforcement Issues - The U.S. Environmental Protection Agency (EPA) has issued a guidance document that outlines how the agency’s regional administrators should consider the…more

Contaminated Properties, Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, EPA

See all updates »

Vaccine Law Client Act : January 2022

OSHA Withdraws ETS - On January 25, 2022, OSHA announced it will be withdrawing its ETS effective January 26, 2022. The announcement notes that the text of the ETS will remain in place to solicit additional comments from the…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

See all updates »

USAA Earns Trial Court Wins and Hefty Damages Awards on Cloud-Based Check Depositing Patents

Since we last reported on United Services Automobile Association’s (USAA) fight against Wells Fargo to Protect Cloud-Based Check Depositing Assets Against Competitors, USAA has dealt a 1-2 punch to Wells Fargo for infringing…more

Bank Deposits, Financial Services Industry, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Mobile Apps

See all updates »

COVID-19 Client Primer | EPA Superfund Guidance

EPA Guidance on Superfund Site Field Work and Other Enforcement Issues - The U.S. Environmental Protection Agency (EPA) has issued a guidance document that outlines how the agency’s regional administrators should consider the…more

Contaminated Properties, Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, EPA

See all updates »

Sound View Escalates Patent Assault on Open Source Software with New Wave of Lawsuits

Sound View Innovations, an IP licensing company that is quickly becoming a prolific Non-Practicing Entity (NPE), has ramped up its litigation campaign by filing seven more lawsuits in 2019. Similar to the patent lawsuits that it…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Non-Practicing Entities, Open Source Software, Patent Infringement

See all updates »

COVID-19 Client Primer | EPA Superfund Guidance

EPA Guidance on Superfund Site Field Work and Other Enforcement Issues - The U.S. Environmental Protection Agency (EPA) has issued a guidance document that outlines how the agency’s regional administrators should consider the…more

Contaminated Properties, Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, EPA

See all updates »

Pay Equity: Update on Philadelphia's Salary History Ban

Set against the backdrop of the women and minority rights movement, the City of Philadelphia is among a number of state and local governments that have enacted legislation intent on reducing or eliminating the wage gap…more

Employer Liability Issues, Equal Pay, Gender Discrimination, Gender Equity, Gender-Based Pay Discrimination

See all updates »

Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The lawsuits…more

CIPA, Corporate Counsel, Data Collection, Data Privacy, Eavesdropping

See all updates »

Food & Beverage Litigation Update l April 2019

FDA Announces Next Steps in Cannabis Regulation - The U.S. Food and Drug Administration (FDA) has announced that it will take a number of steps to advance its consideration for the potential regulatory framework for cannabis…more

Beverage Manufacturers, Cannabidiol (CBD) oil, Comment Period, Dietary Guidelines, Dietary Supplements

See all updates »

"Secret Sale" of Drug Counts as Prior Art in Patent Battle

On January 22, 2019, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Federal Circuit’s decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229 (Jan. 22, 2019)…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

See all updates »

COVID-19 Client Primer | Senior Living Facilities

Senior Care in the Time of COVID-19 - COVID-19’s impact on senior living companies and facilities cannot be overstated. The virus’s propensity for community transmission was not fully appreciated when many senior care…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Healthcare Facilities

See all updates »

Public Policy Group Files Amicus Brief Urging New York High Court to Deny Legal Personhood Status to Animal at Behest of Animal Rights Group

Public Policy Group attorneys Phil Goldberg and Christopher Appel, working with partner Scott Chesin in the firm’s New York office, filed an amicus brief urging the New York high court to reject a writ of habeas corpus that an…more

Amicus Briefs, Animal Health, Habeas Corpus

See all updates »

Practical Suggestions for CCPA Compliance

Let’s face it: CCPA compliance is not easy. And a recent study provides additional evidence for the commonsense conjecture that companies trying to just “follow the law” often do more or less than is required. In this alert, we…more

California Consumer Privacy Act (CCPA), Corporate Counsel, Cybersecurity, Data Collection, Data Privacy

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National Employment Perspective | Focus On Sexual Orientation and Gender Identity Under Title VII

Gay and Trans Rights under Title VII - On June 15, 2020, the U.S. Supreme Court issued its opinion in Bostock v. Clayton County, holding an employer that fires an individual merely for being gay or transgender violates Title…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

See all updates »

COVID-19 Client Primer | Considerations for Commercial Borrowers in the Midst of the COVID-19 Pandemic

Considerations for Commercial Borrowers in the Midst of the COVID-19 Pandemic - As the COVID-19 pandemic wreaks havoc on current and projected financial performance for many businesses, commercial borrowers are well-advised…more

Borrowers, Contract Terms, Coronavirus/COVID-19, Lenders, Loan Agreements

See all updates »

Intellectual Ventures Back in Court – A Sign of More Litigation to Come?

Over the past two decades, the term “patent troll,” or the more politically correct “NPE” (i.e., non-practicing entity), has become aligned with no company more than Intellectual Ventures (“IV”)…more

Intellectual Property Protection, Non-Practicing Entities, Patent Infringement, Patent Ownership, Patent Trolls

See all updates »

Food & Beverage Litigation Update - July 2022

The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health…more

Baby Products, FDA, Food Manufacturers, Food Safety, USDA

See all updates »

2019: The Dietary Supplements and Cosmetics Year in Review

LEGISLATION, REGULATIONS & STANDARDS - U.S., States Aim to Regulate Cosmetics Ingredients and Research Methods - Federal and state legislatures aimed to bring more scrutiny to cosmetics in 2019 by considering measures that…more

Cannabidiol (CBD) oil, Cannabis Products, Cosmetics, Dietary Supplements, FDA

See all updates »

Autonomous And Connected Vehicles Update - March 2018

California Approves Driverless Autonomous Vehicle Testing - The California Department of Motor Vehicles (DMV) announced approval of regulations governing the testing and public use of autonomous vehicles without human drivers…more

Connected Cars, Driverless Cars, Executive Orders, Motor Vehicles, Regulatory Oversight

See all updates »

McDonald v. Symphony – BIPA Claims Are Not Preempted by Workers’ Comp

For the past year, many BIPA claims have been stayed pending yesterday’s Illinois Supreme Court decision in McDonald v. Symphony Bronzeville Park, LLC regarding whether employment-based BIPA claims are covered by Illinois’…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Workers Compensation Act

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NYC Human Rights Law Amendment Expands Applicant Protections

The New York City Human Rights Law (NYCHRL) was recently amended by Local Law 4, which took effect on July 29, 2021. The Amendment expands the protections of the 2015 Fair Chance Act (FCA) to New York City job applicants whose…more

Background Checks, Criminal Background Checks, Employment Discrimination, Fair Chance Act, Hiring & Firing

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"Secret Sale" of Drug Counts as Prior Art in Patent Battle

On January 22, 2019, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Federal Circuit’s decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229 (Jan. 22, 2019)…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

See all updates »

COVID-19 Client Primer | Consumer Protection Enforcement Challenges in the Age of COVID-19

The Federal Trade Commission (FTC), in its mission to protect consumers from deceptive and unfair commercial practices, has been particularly vigilant during the COVID-19 pandemic because of an expected increase in outright…more

Antitrust Litigation, Antitrust Provisions, Cannabidiol (CBD) oil, Class Action, Coronavirus/COVID-19

See all updates »

National Employment Perspective | Focus On California Juries

Study Suggests Employers Face Increased Jury Hostility in the Age of COVID-19 California is well-known as a challenging jurisdiction for employers. The American Tort Reform Association ranked California second on its annual…more

Adverse Employment Action, Bias, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

See all updates »

Food & Beverage Litigation Update - December 2021

Warning Letter Provides Insight on FDA’s Priorities - The U.S. Food and Drug Administration’s (FDA) Warning Letter to Maribel’s Sweets, Inc., provides an important look into how FDA is implementing the Food Safety…more

Class Certification, FDA, Food Safety, FSMA, FSVP

See all updates »

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases…more

Diversity Jurisdiction, Expert Testimony, Product Defects, Unfair or Deceptive Trade Practices

See all updates »

COVID-19 Client Primer | Trademarks and Price Gouging

Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of…more

3M Company, Antitrust Provisions, Antitrust Violations, Coronavirus/COVID-19, Corruption

See all updates »

COVID-19 Client Primer | Senior Living Facilities

Senior Care in the Time of COVID-19 - COVID-19’s impact on senior living companies and facilities cannot be overstated. The virus’s propensity for community transmission was not fully appreciated when many senior care…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Healthcare Facilities

See all updates »

California High Court Interprets “Regular Rate of Pay”

The California Supreme Court’s recent interpretation of a California labor statute is sure to have a tremendous impact on employers in the state. By determining that “regular rate of compensation” under Labor Code § 226.7(c) is…more

Labor Code, Rate of Pay, Rest and Meal Break, State Labor Laws, Wage and Hour

See all updates »

Highly Automated and Connected Vehicles Update l August 2019 #2

Autonomous Shuttle Launches in Brooklyn- Optimus Ride has launched the first self-driving shuttle in New York City, which will transport passengers between the ferry and the Brooklyn Naval Yard. Approximately 500 passengers per…more

Artificial Intelligence, Bicycles, Charging Stations, Data Breach, Driverless Cars

See all updates »

Vaccine Law Client Act : January 2022

OSHA Withdraws ETS - On January 25, 2022, OSHA announced it will be withdrawing its ETS effective January 26, 2022. The announcement notes that the text of the ETS will remain in place to solicit additional comments from the…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

See all updates »

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code…more

Arbitration Agreements, CA Supreme Court, Civil Monetary Penalty, Class Action Arbitration Waivers, Class Representatives

See all updates »

Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The lawsuits…more

CIPA, Corporate Counsel, Data Collection, Data Privacy, Eavesdropping

See all updates »

Focus On The Right To Disconnect And The Ontario Working For Workers Act

The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a…more

Canada, Employer Liability Issues, Employment Policies, Off-Duty Employee Access, Off-Duty Employees

See all updates »

Vaccine Law Client Act : January 2022

OSHA Withdraws ETS - On January 25, 2022, OSHA announced it will be withdrawing its ETS effective January 26, 2022. The announcement notes that the text of the ETS will remain in place to solicit additional comments from the…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

See all updates »

Virginia’s Foray Into Comprehensive Privacy Law

For what seemed like an eternity (okay, just a couple years), the California Consumer Privacy Act was the only game in town when it came to state-level, comprehensive privacy legislation. Sure, we saw many other states introduce…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

See all updates »

Food & Beverage Litigation Update | April 2018

In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use with…more

Antibiotics, Baby Products, Beer, Beverage Manufacturers, Chipotle Grill

See all updates »

Patent Troll Akoloutheo Sues Oracle in Latest Chapter of its Cloud Software and IoT Patent Litigation Campaign

In its latest filing in February 2019, non-practicing entity Akoloutheo, LLC has expanded its Eastern District of Texas patent litigation campaign to include Oracle. Akoloutheo accuses the Oracle Analytics Cloud, Oracle…more

Cloud Computing, Intellectual Property Protection, Internet of Things, Non-Practicing Entities, Oracle

See all updates »

Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The lawsuits…more

CIPA, Corporate Counsel, Data Collection, Data Privacy, Eavesdropping

See all updates »

New York City's Salary Transparency Law

Beginning November 1, 2022, a recent amendment—often referred to as the “Salary Transparency Law”—to the New York City Human Rights Law (NYCHRL) is set to go into effect. The Salary Transparency Law requires certain employers…more

Employer Liability Issues, NYCHRL, Transparency, Wage and Hour

See all updates »

A Brief Update on the EEO-1 Requirements

The U.S. Equal Employment Opportunity Commission (EEOC) regularly collects data from employers in the EEO-1 Report. Employers that meet the reporting threshold have a legal obligation to provide the data. The data is used by the…more

Data Collection, EEO-1, EEOC, Pay Data, Reporting Requirements

See all updates »

COVID-19 Client Primer | Personal Care Products Lawsuits

The Plaintiffs’ Bar's Use of COVID-19 To Spur Personal Care Products Lawsuits - The COVID-19 pandemic has brought a sharpened focus on labeling of consumer goods, including personal care products, and it may cause the…more

Coronavirus/COVID-19, False Advertising, FDA Warning Letters, Lanham Act, Marketing

See all updates »

COVID-19 Client Primer | Maximizing Bankruptcy Recoveries

Maximizing Recoveries in Bankruptcy - One of the many impacts of the COVID-19 pandemic is, and will continue to be, an increase in business bankruptcies. This will affect creditors in many ways, including unpaid debts, loss…more

Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt Collection, Debtors

See all updates »

Autonomous And Connected Vehicles Update - March 2018

California Approves Driverless Autonomous Vehicle Testing - The California Department of Motor Vehicles (DMV) announced approval of regulations governing the testing and public use of autonomous vehicles without human drivers…more

Connected Cars, Driverless Cars, Executive Orders, Motor Vehicles, Regulatory Oversight

See all updates »

COVID-19 Client Primer | EPA Superfund Guidance

EPA Guidance on Superfund Site Field Work and Other Enforcement Issues - The U.S. Environmental Protection Agency (EPA) has issued a guidance document that outlines how the agency’s regional administrators should consider the…more

Contaminated Properties, Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, EPA

See all updates »

Food & Beverage Litigation Update - July 2022

The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health…more

Baby Products, FDA, Food Manufacturers, Food Safety, USDA

See all updates »

Highly Automated and Connected Vehicles Update l August 2019 #2

Autonomous Shuttle Launches in Brooklyn- Optimus Ride has launched the first self-driving shuttle in New York City, which will transport passengers between the ferry and the Brooklyn Naval Yard. Approximately 500 passengers per…more

Artificial Intelligence, Bicycles, Charging Stations, Data Breach, Driverless Cars

See all updates »

Focus On The Right To Disconnect And The Ontario Working For Workers Act

The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a…more

Canada, Employer Liability Issues, Employment Policies, Off-Duty Employee Access, Off-Duty Employees

See all updates »

COVID-19 Client Primer | Trademarks and Price Gouging

Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of…more

3M Company, Antitrust Provisions, Antitrust Violations, Coronavirus/COVID-19, Corruption

See all updates »

Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption

A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S…more

Birth Defects, Breach of Implied Contract, Failure To Warn, FDA, Fraud

See all updates »

COVID-19 Client Primer | Consumer Protection Enforcement Challenges in the Age of COVID-19

The Federal Trade Commission (FTC), in its mission to protect consumers from deceptive and unfair commercial practices, has been particularly vigilant during the COVID-19 pandemic because of an expected increase in outright…more

Antitrust Litigation, Antitrust Provisions, Cannabidiol (CBD) oil, Class Action, Coronavirus/COVID-19

See all updates »

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code…more

Arbitration Agreements, CA Supreme Court, Civil Monetary Penalty, Class Action Arbitration Waivers, Class Representatives

See all updates »

Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The lawsuits…more

CIPA, Corporate Counsel, Data Collection, Data Privacy, Eavesdropping

See all updates »

Vaccine Law Client Act : January 2022

OSHA Withdraws ETS - On January 25, 2022, OSHA announced it will be withdrawing its ETS effective January 26, 2022. The announcement notes that the text of the ETS will remain in place to solicit additional comments from the…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

See all updates »

Food & Beverage Litigation Update l March 2020

FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks - The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier Sprouts…more

Agribusiness, Attorney's Fees, Beverage Manufacturers, Class Certification, Coronavirus/COVID-19

See all updates »

Who Will Secure Cloud Networks? Ensuing Fight between Two Industry Giants

Harris Corporation, best known for its aerospace and defense communications and electronic systems, filed a patent lawsuit against information and communications technology giant, Huawei in the U.S. District Court of Eastern…more

Cloud Computing, Huawei, Information Technology, Intellectual Property Protection, Patent Infringement

See all updates »

Privacy and Data Security Alert | October 2020

Law Enforcement Finds Credible Evidence of Pre-Election Ransomware Attack- Late yesterday, U.S. law enforcement authorities began warning of credible information suggesting there will be a widespread Ryuk ransomware attack…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Privacy, Data Protection

See all updates »

Future-Proofing Product Safety in the UK

Earlier this month, we reported on the liability aspects of the UK government’s Consultation on Product Safety, as currently contained in the UK Consumer Protection Act 1987 (CPA). Alison Newstead and Marisa Pearce now provide…more

Consumer Protection Act, EU, Manufacturers, Product Defects, Safer Consumer Product Regulations

See all updates »

Can Employers Require COVID-19 Vaccinations? Pitfalls and Guidance for a Mandatory Vaccination Plan

With several vaccines on the market and many states rolling out mass-vaccination plans, employers are beginning to ask: Can my company require employees to have the COVID-19 vaccine? In short, the answer is “yes,” with…more

ADA, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Infectious Diseases

See all updates »

Vaccine Law Client Act : January 2022

OSHA Withdraws ETS - On January 25, 2022, OSHA announced it will be withdrawing its ETS effective January 26, 2022. The announcement notes that the text of the ETS will remain in place to solicit additional comments from the…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

See all updates »

A Brief Update on the EEO-1 Requirements

The U.S. Equal Employment Opportunity Commission (EEOC) regularly collects data from employers in the EEO-1 Report. Employers that meet the reporting threshold have a legal obligation to provide the data. The data is used by the…more

Data Collection, EEO-1, EEOC, Pay Data, Reporting Requirements

See all updates »

Privacy and Data Security Alert l March 2020 #2

Beazley Cites Ransomware as the Top Threat for Cyber-Attacks in 2020 - Insurance provider Beazley has issued a report (free registration required) detailing the landscape of cyber-attacks over the past year. The report dives…more

Cyber Attacks, Cybersecurity, Data Privacy, Data Security, Health Care Providers

See all updates »

Privacy and Data Security Alert | November 2020

The New and Improved CCPA - Finally, after a tense week of watching support for Prop. 24 (the California Privacy Rights Act) wax back and forth between 56% of the vote and 56% of the vote, it seems appropriate to finally say…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Collection

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California Court of Appeal Approves of Wage Statements Listing Overtime Separately

The California Court of Appeal has held in General Atomics v. Superior Court of San Diego County that wage statements listing overtime premiums separately to show “0.5 times the regular rate of pay rather than 1.5” do not…more

Over-Time, PAGA, Wage and Hour, Wage Statements

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COVID-19 Client Primer | New York State Leave Protection

New York State Leave Protection - New York has enacted legislation that provides job-protected sick leave and, in some situations, family and disability leave for New York employees required to quarantine or isolate under a…more

Coronavirus/COVID-19, Eligibility, Federal v State Law Application, New Legislation, Paid Family Leave Law

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New Jersey Court Rules to Allow 510(k) Evidence in Medical Device Cases

The New Jersey Appellate Division has released a ruling categorically allowing evidence on FDA 510(k) clearance in medical device cases, reversing for new trials in two cases where that evidence was excluded. The court held that…more

510(k) RTA, Evidence, FDA, Medical Devices

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Covenants Not to Compete

In light of the many dynamic public policy considerations in this area of the law, this brief summary of New York law may be helpful for employers trying to navigate covenants not to compete both in hiring and terminating. But…more

Employer Liability Issues, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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COVID-19 Client Primer | EPA Superfund Guidance

EPA Guidance on Superfund Site Field Work and Other Enforcement Issues - The U.S. Environmental Protection Agency (EPA) has issued a guidance document that outlines how the agency’s regional administrators should consider the…more

Contaminated Properties, Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, EPA

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COVID-19 Client Primer | Maximizing Bankruptcy Recoveries

Maximizing Recoveries in Bankruptcy - One of the many impacts of the COVID-19 pandemic is, and will continue to be, an increase in business bankruptcies. This will affect creditors in many ways, including unpaid debts, loss…more

Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt Collection, Debtors

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Florida’s New Ransomware and Cybersecurity Requirements/Restrictions

Florida state agencies and local governments are now subject to new cybersecurity requirements and prohibitions that went into effect on July 1, 2022. These new amendments to Florida’s State Cybersecurity Act (“the Cybersecurity…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Protection, Hackers

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Focus On The Right To Disconnect And The Ontario Working For Workers Act

The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a…more

Canada, Employer Liability Issues, Employment Policies, Off-Duty Employee Access, Off-Duty Employees

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Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper…more

Attorney's Fees, Cloud Computing, Intellectual Property Protection, Motion to Dismiss, Patent Infringement

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COVID-19 Client Primer | Paycheck Protection Program

The Paycheck Protection Program Under the CARES Act Title I of the recently enacted CARES Act provides for the Small Business Administration’s (SBA’s) Paycheck Protection Program (PPP) to assist eligible borrowers with loans to…more

Affiliated-Business Arrangements, Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans

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Privacy and Data Security Alert | ONC and CMS Final Rules

Aimed at enabling greater patient access and mandating interoperability, recent Final Rules from the Office of the National Coordinator for Health IT (“ONC”) and the Centers for Medicare and Medicaid Services (“CMS”) have put…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Data Security, Electronic Health Record Incentives, Electronic Protected Health Information (ePHI)

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The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a…more

Article III, Corporate Counsel, Credit Cards, Cybersecurity, Data Breach

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McDonald v. Symphony – BIPA Claims Are Not Preempted by Workers’ Comp

For the past year, many BIPA claims have been stayed pending yesterday’s Illinois Supreme Court decision in McDonald v. Symphony Bronzeville Park, LLC regarding whether employment-based BIPA claims are covered by Illinois’…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Workers Compensation Act

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Bad For Your Health: Lawsuit Advertising Implications And Solutions

Shook, Hardy & Bacon Partner Cary Silverman has authored a report for the U.S. Chamber Institute for Legal Reform examining the effects of advertising soliciting plaintiffs for lawsuits targeting prescription drugs and medical…more

Advertising, FDA, Marketing, Mass Tort Litigation, Medical Devices

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National Employment Perspective | Delivery Driver Reimbursement

Department of Labor Confirms that Delivery Drivers Need Not Be Paid Actual Expenses or the IRS Rate for Use of Their Own Vehicles - Over the past several years, employers have faced significant litigation over how they…more

Corporate Counsel, Delivery Drivers, Department of Labor (DOL), FLSA, IRS

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COVID-19 Client Primer | Tuition Refund Class Actions

ANALYSIS - Strategies to Defend Tuition Refund Class Actions - The recent spate of class actions seeking refunds for tuition and other fees paid for in spring 2020 likely heralds an even greater deluge in the coming weeks…more

Class Action, Colleges, Coronavirus/COVID-19, Educational Institutions, Refunds

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Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The lawsuits…more

CIPA, Corporate Counsel, Data Collection, Data Privacy, Eavesdropping

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Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases…more

Diversity Jurisdiction, Expert Testimony, Product Defects, Unfair or Deceptive Trade Practices

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COVID-19 Client Primer | Tuition Refund Class Actions

ANALYSIS - Strategies to Defend Tuition Refund Class Actions - The recent spate of class actions seeking refunds for tuition and other fees paid for in spring 2020 likely heralds an even greater deluge in the coming weeks…more

Class Action, Colleges, Coronavirus/COVID-19, Educational Institutions, Refunds

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Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption

A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S…more

Birth Defects, Breach of Implied Contract, Failure To Warn, FDA, Fraud

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When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S…more

Data-Sharing, Discovery, EU, EU Data Protection Laws, Evidence

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National Employment Perspective | Delivery Driver Reimbursement

Department of Labor Confirms that Delivery Drivers Need Not Be Paid Actual Expenses or the IRS Rate for Use of Their Own Vehicles - Over the past several years, employers have faced significant litigation over how they…more

Corporate Counsel, Delivery Drivers, Department of Labor (DOL), FLSA, IRS

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Update On Biomaterials Access Assurance Act Litigation

U.S. Congress found it necessary to provide manufacturers of biomaterials—component parts or raw materials for implantable medical devices—protection from liability in litigation involving the manufacture and use of an…more

Biomaterials Access Assurance Act (BAAA), Bodily Injury, Life Sciences, Medical Devices, Pharmaceutical Industry

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Privacy and Data Security Client Alert | January 2019

Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing business…more

Article III, Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Certiorari

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National Employment Perspective | Focus On California Juries

Study Suggests Employers Face Increased Jury Hostility in the Age of COVID-19 California is well-known as a challenging jurisdiction for employers. The American Tort Reform Association ranked California second on its annual…more

Adverse Employment Action, Bias, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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FTC and DOJ File First Action Under COVID-19 Consumer Protection Act

The Federal Trade Commission (FTC) and the Department of Justice recently filed the first enforcement action under the new COVID-19 Consumer Protection Act (COVID-19 Act) in Missouri federal court. The complaint alleges that a…more

AMG Capital Management LLC v FTC, Coronavirus/COVID-19, COVID-19 Consumer Data Protection Act, Department of Justice (DOJ), FTC

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Podcast: The Changing Tampa Market

The Tampa legal market has evolved since the Shook Tampa office opened in 2000, and Shook attorneys have been adapting to meet the needs of the new market. Listen to Tampa Managing Partner Jennifer Voss and Partner Cecilia…more

Business Development, Law Practice Management

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Defeat Design Defect Claims Before They’re Filed

During product development, it’s not unusual to discover certain failure points in a surgical robot’s design. For example, certain components, like nuts or bolts or screws, may become brittle when exposed to various substances…more

Design Defects, Manufacturers, Medical Devices, Product Defects

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The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a…more

Article III, Corporate Counsel, Credit Cards, Cybersecurity, Data Breach

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Hand Sanitizer: Pathways to Market in the U.S., Canada, Mexico, UK and Europe

The demand for hand sanitizer has risen so sharply during the COVID-19 pandemic that many companies have shifted their production to help meet the needs of governments, medical facilities, health care practitioners and…more

Canada, Coronavirus/COVID-19, EU, FDA, Goods or Services

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Food & Beverage Litigation Update | Special Supplement: Prop. 65 Warning Changes

California Aims to Provide More Information to Consumers with Prop. 65 Warning Changes - California's Office of Environmental Health Hazard Assessment (OEHHA) has completed a comprehensive overhaul of the “clear and reasonable”…more

Manufacturers, OEHHA, Proposition 65, Retailers, Toxic Chemicals

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When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S…more

Data-Sharing, Discovery, EU, EU Data Protection Laws, Evidence

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Food & Beverage Litigation Update l June 2020

SPOTLIGHT - COVID-19 Brings Price-Gouging Litigation To California - California often serves as an incubator for litigation that thereafter sweeps across the country. This phenomenon may hold true for newly minted…more

Amazon Marketplace, Antitrust Provisions, Antitrust Violations, Class Action, Coronavirus/COVID-19

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McDonald v. Symphony – BIPA Claims Are Not Preempted by Workers’ Comp

For the past year, many BIPA claims have been stayed pending yesterday’s Illinois Supreme Court decision in McDonald v. Symphony Bronzeville Park, LLC regarding whether employment-based BIPA claims are covered by Illinois’…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Workers Compensation Act

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Massachusetts Paid Family and Medical Leave Benefits Available to Employees, Effective 2021

New provisions of the Massachusetts Paid Family and Medical Leave (PFML) law went into effect on January 1, 2021. Employers with any workers in Massachusetts should be apprised of these new PFML benefits, which provide employees…more

Employee Benefits, Employer Liability Issues, Employment Policies, Medical Leave, Paid Family Leave Law

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Food & Beverage Litigation Update l April 2019

FDA Announces Next Steps in Cannabis Regulation - The U.S. Food and Drug Administration (FDA) has announced that it will take a number of steps to advance its consideration for the potential regulatory framework for cannabis…more

Beverage Manufacturers, Cannabidiol (CBD) oil, Comment Period, Dietary Guidelines, Dietary Supplements

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Privacy and Data Security Client Alert | February 2019

Google Receives Record GDPR Fine - Marking the first major penalty against a U.S. tech company under the General Data Protection Regulation (GDPR), the French data-protection authority, CNIL, has fined Google a record $57…more

Antitrust Violations, California Consumer Privacy Act (CCPA), CNIL, Cybersecurity, Data Breach

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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