Shook, Hardy & Bacon L.L.P.

Contact
Share
Info
2555 Grand Blvd.
Kansas City, MO 64108, United States
Phone: 816.474.6550
Fax: 816.421.5547
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
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Massachusetts
  • Missouri
  • New Jersey
  • New York
  • Pennsylvania
  • Texas
  • Washington
Other Countries
  • United Kingdom
  • United States
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

Breach of Contract, Car Accident, Causation, Diversity Jurisdiction, Equipment Rentals

See all updates »

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions of…more

Annulment, Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act

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 »

The American Arbitration Association Makes Major Changes to the AAA Commercial Arbitration Rules

On September 1, 2022, amendments to the American Arbitration Association’s (AAA) Commercial Arbitration Rules and Mediation Procedures went into effect. The amendments are significant but they are not retroactive. Thus the “old”…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Commercial Arbitration

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 »

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions of…more

Annulment, Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act

See all updates »

Noncompete Clauses Banned Nationwide (For Now)

The Federal Trade Commission (FTC) issued a final rule on Tuesday, April 23, banning noncompete agreements across the country. The FTC issued a proposed rule in January 2023 banning noncompetes, received a massive number of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

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 Act, Patent Infringement, Patent Litigation

See all updates »

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

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

See all updates »

Food & Beverage Litigation and Regulatory Update - March 2024 #3

LEGISLATION, REGULATIONS & STANDARDS  - State Lawmakers Introduce Food Additive Bans - State lawmakers in three states have introduced bills seeking to prohibit the use of food additives, building on a first-in-the-nation…more

Bioengineering, Food Labeling, 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, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Food Safety, Made in the USA

See all updates »

Proposals Published for the Revision of the European Product Liability Directive

On Wednesday 28 September, the European Commission released details of its long-awaited proposal for the revision of the 1985 Product Liability Directive (PLD) that introduced a strict liability regime for defective products…more

EU, EU Directive, Manufacturers, Product Defects, Strict Product Liability

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 »

Florida Broadens Requirement to Utilize the Federal E-Verify System, Employers Face Penalties for Failure to Comply

Multiple states have adopted various E-Verify requirements, making compliance tricky for employers operating in numerous states. In March 2023, Florida Governor Ron DeSantis signed into law a bill that, among other things,…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

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 »

Corporate Transparency Act Imposes New Business Reporting Requirements

On January 1, 2024, a majority of companies registered to do business in the United States will be subject to new federal reporting requirements with stiff penalties for failing to comply. The Corporate Transparency Act imposes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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 »

Illinois Appellate Decisions Highlight Evolving Landscape of Data Breach Litigation

Illinois is a major destination for putative class actions arising out of data incidents such as ransomware and other attacks. The cases rarely involve actual demonstrable misuse of personal identifying information (PII)…more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

See all updates »

Class Action Decisions Published October 2023: Energy

It is estimated that U.S. energy demand will increase 12 percent by 2040. To meet this surge, energy companies must engage in innovation, savvy protection of assets and dogged advocacy in regulatory and litigation matters…more

Class Action, Climate Change, Energy Sector, Oil & Gas

See all updates »

Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include..…more

Attorney's Fees, Class Action, Class Certification, FRCP 23(b)(3), FRCP 23(c)(4)

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, Environmental Protection Agency (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 »

"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 »

Website Adtech: What Every In-House Lawyer Must Know (Now!)

The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert…more

Adtech, Bots, Business Development, Client Services, Consumer Privacy Rights

See all updates »

Goldberg, Gramling & O’Rourke: A Prescription for Pharmaceutical Preemption

The U.S. Supreme Court has issued several consequential decisions over the past 15 years setting guidelines for when federal regulations over prescription drug warnings preempt state failure-to-warn claims. Shook Partners Phil…more

Labeling, Pharmaceutical Industry, Preemption, Prescription Drugs

See all updates »

Goldberg, Gramling & O’Rourke: A Prescription for Pharmaceutical Preemption

The U.S. Supreme Court has issued several consequential decisions over the past 15 years setting guidelines for when federal regulations over prescription drug warnings preempt state failure-to-warn claims. Shook Partners Phil…more

Labeling, Pharmaceutical Industry, Preemption, Prescription Drugs

See all updates »

Bipartisan Group of Lawmakers Unveils Federal Privacy Bill

Over the weekend, a bipartisan and bicameral group in Congress unveiled a privacy proposal—The American Privacy Rights Act of 2024 (APRA)—along with a brief summary. The APRA builds on existing privacy frameworks at the state…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personal Information

See all updates »

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 »

Website Adtech: What Every In-House Lawyer Must Know (Now!)

The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert…more

Adtech, Bots, Business Development, Client Services, Consumer Privacy Rights

See all updates »

FTC Discusses Growing Concerns over Digital Advertising to Youth

The Federal Trade Commission’s truth-in-advertising laws require that advertisements be truthful, not misleading, and, when appropriate, backed by scientific evidence. FTC looks at an advertisement in context, considering its…more

Advertising, CARU, COPPA, Federal Trade Commission (FTC), Online Safety for Children

See all updates »

Class Action Decisions Published October 2023: Banking and Financial Services

The banking and financial services industry requires counsel that runs the gamut from Uniform Commercial Code litigation and transactional work to the development of nationwide consumer credit programs and legislative lobbying…more

Banking Sector, Borrowers, Class Action, FDCPA, Financial Services Industry

See all updates »

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

See all updates »

Food & Beverage Litigation and Regulatory Update - March 2024 #3

LEGISLATION, REGULATIONS & STANDARDS  - State Lawmakers Introduce Food Additive Bans - State lawmakers in three states have introduced bills seeking to prohibit the use of food additives, building on a first-in-the-nation…more

Bioengineering, Food Labeling, Food Manufacturers, Food Safety, USDA

See all updates »

FDA Takes Steps to Implement MoCRA

In 2023, the U.S. Food and Drug Administration (FDA) took several steps to implement the Modernization of Cosmetics Regulation Act (MoCRA), which was signed into law in December 2022. The law requires cosmetic manufacturers to…more

Cosmetics, Draft Guidance, Food and Drug Administration (FDA), Manufacturers, Modernization of Cosmetics Regulation Act of 2022 (MoCRA)

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 »

Verdict Forms are Key in Executive Exemption Cases

A California appellate court recently overturned a jury verdict finding a Jack in the Box manager was misclassified under the executive exemption. The court found one question on the jury verdict form was too narrow in that it…more

Employer Liability Issues, Exempt-Employees, Jury Verdicts, Over-Time, Rest and Meal Break

See all updates »

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

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 »

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, Food and Drug Administration (FDA), Food Safety, FSMA, FSVP

See all updates »

Jung: Report IDs Areas for Improvement in Investigation of Auto Safety Defects

After conducting an audit of the National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI), the U.S. Department of Transportation’s Inspector General recently issued a report concluding that…more

Automobile Recall, Automotive Industry, Motor Vehicles, Product Defects

See all updates »

Pace v. Cirrus Design Corp.: The Fifth Circuit Provides Insight Into Application of Recent SCOTUS Opinions

The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi…more

Jurisdiction, Personal Jurisdiction, Pleading Standards, SCOTUS

See all updates »

California Shares Draft Rules on Audits, Assessments, and Automated Decisionmaking

On November 27, California’s dedicated privacy law enforcement agency, the California Privacy Protection Agency (CPPA), released a draft of new rules covering automated decisionmaking (yes, they made “decisionmaking” one word)…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA)

See all updates »

California Shares Draft Rules on Audits, Assessments, and Automated Decisionmaking

On November 27, California’s dedicated privacy law enforcement agency, the California Privacy Protection Agency (CPPA), released a draft of new rules covering automated decisionmaking (yes, they made “decisionmaking” one word)…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA)

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 »

Ninth Circuit Recognizes Limited Impact of California Supreme Court Decision on Federal Standing

In a recent unpublished opinion, the Ninth Circuit reversed the dismissal of a plaintiff’s representative claims, brought under California’s Private Attorneys General Act (PAGA). In doing so, the Ninth Circuit noted that recent…more

Article III, CA Supreme Court, Private Attorneys General Act (PAGA), Standing

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 »

Championing Inclusion in an Era of Emerging Risks

Increasingly, DEI has come to mean different things to different people, and public understanding of this work continues to evolve (and in some instances, devolve). Amplifying unheard voices, rooting out bias, welcoming…more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Publicly-Traded Companies

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 »

Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include..…more

Attorney's Fees, Class Action, Class Certification, FRCP 23(b)(3), FRCP 23(c)(4)

See all updates »

Food & Beverage Litigation and Regulatory Update - July 2023

The International Agency for Research on Cancer (IARC) released a report in which it classifies a common artificial sweetener—aspartame—as a Group 2B carcinogen. The Food and Drug Administration first approved aspartame for use…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

See all updates »

Noncompete Clauses Banned Nationwide (For Now)

The Federal Trade Commission (FTC) issued a final rule on Tuesday, April 23, banning noncompete agreements across the country. The FTC issued a proposed rule in January 2023 banning noncompetes, received a massive number of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

Mastrucci: The Future of NFTs in the Metaverse: Utility and Liability

With NFT sales taking a nosedive in recent months amid rank speculation, scams, and hacks, many are justifiably wondering whether NFTs have any value or utility or whether they’re just a passing gimmick. The answer is somewhere…more

Blockchain, Digital Assets, Metaverse, Non-Fungible Tokens (NFTs), Virtual Reality

See all updates »

Corporate Transparency Act Imposes New Business Reporting Requirements

On January 1, 2024, a majority of companies registered to do business in the United States will be subject to new federal reporting requirements with stiff penalties for failing to comply. The Corporate Transparency Act imposes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

See all updates »

National Employment Perspective | Focus on California Wage and Hour

FOCUS ON CALIFORNIA WAGE AND HOUR - Ninth Circuit Interprets When Furlough or Temporary Layoff is a Discharge - A recent Ninth Circuit decision imposes new obligations on California employers that furlough or temporarily…more

DLSE, Employer Liability Issues, Furloughs, State Labor Laws, Temporary Layoffs

See all updates »

California Shares Draft Rules on Audits, Assessments, and Automated Decisionmaking

On November 27, California’s dedicated privacy law enforcement agency, the California Privacy Protection Agency (CPPA), released a draft of new rules covering automated decisionmaking (yes, they made “decisionmaking” one word)…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA)

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 »

Website Privacy Litigation

Shook lawyers explore some of the hottest privacy issues business owners and in-house counsel need to know to help mitigate exposure. Chief among them, website privacy litigation and pixel class actions. Shook Privacy and Data…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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 »

Pace v. Cirrus Design Corp.: The Fifth Circuit Provides Insight Into Application of Recent SCOTUS Opinions

The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi…more

Jurisdiction, Personal Jurisdiction, Pleading Standards, SCOTUS

See all updates »

Noncompete Clauses Banned Nationwide (For Now)

The Federal Trade Commission (FTC) issued a final rule on Tuesday, April 23, banning noncompete agreements across the country. The FTC issued a proposed rule in January 2023 banning noncompetes, received a massive number of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

The American Arbitration Association Makes Major Changes to the AAA Commercial Arbitration Rules

On September 1, 2022, amendments to the American Arbitration Association’s (AAA) Commercial Arbitration Rules and Mediation Procedures went into effect. The amendments are significant but they are not retroactive. Thus the “old”…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Commercial Arbitration

See all updates »

Tips for Developing an AI Framework

In this episode of BIZ LIT | TODAY, Shook, Hardy & Bacon Partners Gary Miller and Camila Tobón explore Tips for Building an AI Framework. Gary co-leads Shook’s Business Litigation Practice and Camila is the director of Shook’s…more

Artificial Intelligence, Business Litigation, Commercial Court, Cybersecurity, Data Protection

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 »

Fifth Circuit Clarifies Standards Regarding Spoliation of Evidence and Expert Witness Qualifications

The Fifth Circuit’s recent decision in Van Winkle v. Rogers, No. 22-30638, 2023 WL 5994138 (5th Cir. Sept. 15, 2023), underscores the critical importance of preserving evidence while also reinforcing Federal Rule of Evidence…more

Destruction of Evidence, Evidence, Expert Witness, Spoliation

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, Environmental Protection Agency (EPA)

See all updates »

Food & Beverage Litigation and Regulatory Update - March 2024 #3

LEGISLATION, REGULATIONS & STANDARDS  - State Lawmakers Introduce Food Additive Bans - State lawmakers in three states have introduced bills seeking to prohibit the use of food additives, building on a first-in-the-nation…more

Bioengineering, Food Labeling, Food Manufacturers, Food Safety, USDA

See all updates »

Class Action Decisions Published October 2023: Banking and Financial Services

The banking and financial services industry requires counsel that runs the gamut from Uniform Commercial Code litigation and transactional work to the development of nationwide consumer credit programs and legislative lobbying…more

Banking Sector, Borrowers, Class Action, FDCPA, Financial Services Industry

See all updates »

Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include..…more

Attorney's Fees, Class Action, Class Certification, FRCP 23(b)(3), FRCP 23(c)(4)

See all updates »

New Global Workplace

The pandemic has changed the way the world works. Employers are dealing with demands from employees who want the workplace to work for them. Shook Employment Litigation and Policy Chair Bill Martucci discusses with colleagues…more

Employer Liability Issues, Employment Litigation, Employment Policies, Human Resources Professionals, International Labor Laws

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 »

Biometric Litigation

There have been a series of unfavorable Biometric Information Privacy Act (BIPA) opinions for defendants in the Illinois Supreme Court. But that streak may be changing. Shook Biometric Privacy Practice Chair Matt Wolfe along…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, IL Supreme Court

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 »

The Rise of the Right to Repair: Antitrust, IP, Parts and Warranties

Nearly 50 years after Congress passed the Magnuson-Moss Warranty Act, warranties are in the antitrust news again. The “right to repair” movement is clamoring for legislation to give consumers the right and ability to unlock, fix…more

Enforcement Actions, Federal Trade Commission (FTC), Magnuson-Moss Act, Right to Repair, Warranties

See all updates »

Goldberg, Gramling & O’Rourke: A Prescription for Pharmaceutical Preemption

The U.S. Supreme Court has issued several consequential decisions over the past 15 years setting guidelines for when federal regulations over prescription drug warnings preempt state failure-to-warn claims. Shook Partners Phil…more

Labeling, Pharmaceutical Industry, Preemption, Prescription Drugs

See all updates »

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

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 »

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

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Infectious Diseases

See all updates »

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

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 and Regulatory Update - July 2023

The International Agency for Research on Cancer (IARC) released a report in which it classifies a common artificial sweetener—aspartame—as a Group 2B carcinogen. The Food and Drug Administration first approved aspartame for use…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

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, Equal Employment Opportunity Commission (EEOC), Pay Data, Reporting Requirements

See all updates »

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, Private Attorneys General Act (PAGA), Wage and Hour, Wage Statements

See all updates »

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

See all updates »

The Federal Trade Commission Publishes Proposed Non-Compete Rule

On January 5, 2023, the Federal Trade Commission (FTC) published a new proposed rule that would ban employers’ use of covenants not to compete. The rule comes in the wake of an Executive Order issued by the Biden administration…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

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 »

White Castle and BNSF: New Decisions Impacting Damages

Two recent court decisions in the high-profile White Castle and BNSF Illinois Biometric Information Privacy Act (BIPA) matters have created additional uncertainty about damages in BIPA matters, likely driving up settlement and…more

Biometric Information, Biometric Information Privacy Act, BNSF Railway, Damages, Data Privacy

See all updates »

HIPAA Update: OCR Updates Bulletin on Website Tracking Tools

On March 18, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its December 1, 2022 Bulletin on website tracking tools…more

Covered Entities, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI, Web Tracking

See all updates »

New Global Workplace

The pandemic has changed the way the world works. Employers are dealing with demands from employees who want the workplace to work for them. Shook Employment Litigation and Policy Chair Bill Martucci discusses with colleagues…more

Employer Liability Issues, Employment Litigation, Employment Policies, Human Resources Professionals, International Labor Laws

See all updates »

Noncompete Clauses Banned Nationwide (For Now)

The Federal Trade Commission (FTC) issued a final rule on Tuesday, April 23, banning noncompete agreements across the country. The FTC issued a proposed rule in January 2023 banning noncompetes, received a massive number of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

Corporate Transparency Act Imposes New Business Reporting Requirements

On January 1, 2024, a majority of companies registered to do business in the United States will be subject to new federal reporting requirements with stiff penalties for failing to comply. The Corporate Transparency Act imposes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

See all updates »

New Year, Same BIPA

Last Friday saw what has become an all too common sight in Springfield, Illinois—the end of another legislative session without Biometric Information Privacy Act (BIPA) reform. Going into the end of the session, hopes were…more

Amended Regulation, Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy

See all updates »

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

See all updates »

Food & Beverage Litigation and Regulatory Update - July 2023

The International Agency for Research on Cancer (IARC) released a report in which it classifies a common artificial sweetener—aspartame—as a Group 2B carcinogen. The Food and Drug Administration first approved aspartame for use…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

See all updates »

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

See all updates »

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, Food and Drug Administration (FDA), Marketing, Mass Tort Litigation, Medical Devices

See all updates »

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

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

See all updates »

Corporate Transparency Act Imposes New Business Reporting Requirements

On January 1, 2024, a majority of companies registered to do business in the United States will be subject to new federal reporting requirements with stiff penalties for failing to comply. The Corporate Transparency Act imposes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

See all updates »

HIPAA Update: OCR Updates Bulletin on Website Tracking Tools

On March 18, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its December 1, 2022 Bulletin on website tracking tools…more

Covered Entities, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI, Web Tracking

See all updates »

Pace v. Cirrus Design Corp.: The Fifth Circuit Provides Insight Into Application of Recent SCOTUS Opinions

The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi…more

Jurisdiction, Personal Jurisdiction, Pleading Standards, SCOTUS

See all updates »

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

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 »

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), Fair Labor Standards Act (FLSA), IRS

See all updates »

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

See all updates »

AI Regulatory Recap: Q1 2024 Updates and Takeaways

It has been a busy start to the year in the land of AI regulation. Below is a recap. United States - The majority of the activity in the U.S. has been at the state level. Utah leads the pack with passage of the Artificial…more

Artificial Intelligence, Corporate Counsel, Federal Trade Commission (FTC), Innovative Technology, Machine Learning

See all updates »

30(B)(6) Preparation Tips

30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate…more

Depositions, Discovery, FRCP 30(b)(6), Subpoenas, Testimony

See all updates »

Use of AI Does Not Preclude Patentability, USPTO Guidance Affirms

In new guidance, the United States Patent and Trademark Office (USPTO) affirms that the assistance of artificial intelligence (AI) in innovation does not preclude patentability, marking a significant step in addressing the…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

See all updates »

Surgical Robot End User v. Manufacturer

When most people think about product liability lawsuits involving surgical robots, they imagine the scenario where a patient undergoes an unsuccessful operation and then sues the robot manufacturer for damages. But few envision…more

End-Users, Manufacturers, Robotic Surgery, Robotics, Robots

See all updates »

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

See all updates »

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, Food and Drug Administration (FDA), Goods or Services

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 »

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

See all updates »

Commercial Recovery

Historically, in-house law departments can be known as cost centers to companies. But there is a way to turn around that perception. In these volatile economic times, it makes good sense to strive to return more money to the…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Debt Restructuring, Reorganizations

See all updates »

Illinois Appellate Decisions Highlight Evolving Landscape of Data Breach Litigation

Illinois is a major destination for putative class actions arising out of data incidents such as ransomware and other attacks. The cases rarely involve actual demonstrable misuse of personal identifying information (PII)…more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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 »

Commercial Recovery

Historically, in-house law departments can be known as cost centers to companies. But there is a way to turn around that perception. In these volatile economic times, it makes good sense to strive to return more money to the…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Debt Restructuring, Reorganizations

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