Steptoe & Johnson PLLC

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400 White Oaks Boulevard
Bridgeport, West Virginia 26330, United States
Phone: (304) 933-8000
Fax: (304) 933-8183
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Colorado
  • Kentucky
  • Ohio
  • Pennsylvania
  • Texas
  • West Virginia
Number of Attorneys
100+ Attorneys

“Avoid Groundhog Day – Get An Emergency Response Plan In Place!”

On Groundhog Day, Punxsutawney Phil saw his shadow, signaling six more weeks of winter. Given the likely bad weather, these six weeks of “down time” are the perfect opportunity for construction professionals to develop, review,…more

Construction Industry, Disaster Preparedness, Emergency Management Plans, Employer Liability Issues, Natural Disasters

See all updates »

CMS to Audit and Monitor Hospital Price Transparency

On January 1, 2021, hospitals and health systems will be required to comply with Hospital Price Transparency requirements or face possible penalties from the Centers of Medicare and Medicaid Services (CMS). This rule requires…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Corrective Actions, Health Care Providers, Healthcare Reform

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Employee Permitted Recovery Under Employer’s Motor Vehicle Insurance Policy

The Fourth Circuit Court of Appeals in United Financial Casualty Company v. Ball vacated a judgment of the District Court for the Southern District of West Virginia. The Court held that the district court had improperly found…more

Bodily Injury, Denial of Insurance Coverage, Employer Liability Issues, Indemnification, Policy Exclusions

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A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

See all updates »

Department of Labor Takes Another Shot at New Overtime Rules

The U.S. Department of Labor proposed Thursday to formally withdraw controversial Obama Era overtime regulations and replace them with a far more modest version. The new proposed regulations would raise the threshold salary…more

Department of Labor (DOL), Exempt-Employees, FLSA, Minimum Salary, Over-Time

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USDOE Appalachia Renaissance Report – COVID-19 and the Atlantic Coast Pipeline

On June 28, 2020, the U.S. Department of Energy (USDOE) released its publication titled, “The Appalachian Energy and Petrochemical Renaissance: An Examination of Economic Progress and Opportunities.” USDOE, along with seven…more

Coronavirus/COVID-19, Department of Energy (DOE), Energy Sector, EPA, FERC

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Pennsylvania Poised to Open the Doors to Community Solar Projects

Parallel bills in both the Pennsylvania House of Representatives and Senate would open the doors to community solar projects in the Commonwealth. If passed, community solar projects will no longer be prohibited by utility law…more

Energy Sector, Renewable Energy, Solar Energy, Solar Panels, State and Local Government

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New Nationwide Permit 12 Released by United States Army Corps of Engineers

The United States Army Corps of Engineers (Corps) has completed its rule-making and released a pre-publication version of its final rule reissuing and modifying 12 existing nationwide permits (NWPs) and issuing four new NWPs…more

Construction Project, Energy Projects, Federal Register, Final Rules, Nationwide Permits (NWPs)

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Traversing the Maze of Local Wage Tax Withholding In Pennsylvania under Act 32 – A Guide for Pennsylvania Employers

The payment and withholding of earned income taxes (“EIT taxes”) in Pennsylvania at times seems like a complex maze and is challenging for human resource professionals or a company’s payroll tax team. In May, Pennsylvania…more

Earned Income Tax, Employer Liability Issues, Human Resources Professionals, Income Taxes, Municipalities

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Failed Drug Test Not Enough to Dismiss Claim of Disability Discrimination in New Jersey

Employers may need to reevaluate their response to an employee’s failed drug test following a recent decision from the Supreme Court of New Jersey. A certified medical marijuana user was terminated after testing positive for…more

Compassionate Use Act, Disability Discrimination, Drug Testing, Employer Liability Issues, Medical Marijuana

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Texas Bans the Manufacture and Sale of Smokable Hemp Products

The State of Texas officially banned the manufacture and sale of smokable hemp products and hemp vapor cartridges. Effective August 2, 2020, the Texas Department of State Health Services (the “DSHS”) issued a final rule…more

Cannabis Products, Final Rules, Governor Abbott, Hemp, Manufacturers

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Supreme Court Rules That Certain, But Not All, Discharges to Groundwater May Require Permitting Under the Clean Water Act

In a 6-3 decision on Thursday, the United States Supreme Court vacated and remanded the opinion of the Ninth Circuit Court of Appeals and found that the Clean Water Act (“CWA”) regulated discharges from point sources “if the…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

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A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

See all updates »

The Vaccines are Coming: Should Employers Mandate?

As COVID-19 vaccines become more widely available, employers wishing to implement a COVID-19 vaccination policy must consider, among other things, two important questions. This alert addresses these two fundamental questions..…more

ADA, Coronavirus/COVID-19, EEOC, Emergency Use Authorization (EUA), Employees

See all updates »

OSHA Continues the Cascade of Sector and Industry Alerts and Guidance

OSHA is under pressure from both House-passed legislation requiring OSHA to issue a Temporary Emergency Standard on COVID-19, and a new Union lawsuit against OSHA to force that issuance. Against that backdrop, OSHA continues to…more

CDC, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Health and Safety

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SEC Expands Accredited Investor Definition

The SEC has expanded the definition of accredited investor to modernize it and enable more investors to access private offerings. “Accredited investor” is defined in Rule 501(a) of Regulation D under the Securities Act of 1933…more

Accredited Investors, Private Offerings, Regulation D, Rule 501(a), SEC

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Proposition 112 Does Not Pass in Colorado

Colorado voted “No” on Proposition 112 which would have required 2,500-foot setbacks between any new oil and gas developments and any “occupied structure” or “vulnerable area.” The count with 83% of precincts reporting is at…more

Ballots, Legislative Agendas, Oil & Gas, Proposed Legislation, Setback Rules

See all updates »

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in Asbestos Claim

In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps, Inc.,…more

Affidavits, Asbestos Litigation, Cross Examination, Depositions, Evidence

See all updates »

The Vaccines are Coming: Should Employers Mandate?

As COVID-19 vaccines become more widely available, employers wishing to implement a COVID-19 vaccination policy must consider, among other things, two important questions. This alert addresses these two fundamental questions..…more

ADA, Coronavirus/COVID-19, EEOC, Emergency Use Authorization (EUA), Employees

See all updates »

The Rollback of Immunity for Healthcare Institutions under Mahmoodian

A recent decision by the West Virginia Supreme Court of Appeals could significantly increase the potential for litigation arising from adverse privileging decisions by healthcare institutions in the state. Under the Court’s…more

Emotional Distress Damages, Health Care Providers, Healthcare Facilities, Physicians, Privileges and Immunities

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COVID-19 Civil Immunity Protections for Institutions of Higher Education

COVID-19 litigation has begun across the nation, prompting concerns about liability exposure for colleges and universities. Although the federal SAFE TO WORK Act, which was introduced in the Senate on July 27, 2020, would have…more

CDC, Civil Claims, Colleges, Coronavirus/COVID-19, Educational Institutions

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Paid COVID-19 Leave Extended on a voluntary Basis Through March 31

Since April 1, employers with fewer than 500 employees have been required to grant paid leave to their employees for a variety of COVID-related reasons. The two paid-leave provisions in the Families First Coronavirus Response…more

Coronavirus/COVID-19, Covered Employer, Department of Labor (DOL), EFMLA, Employees

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West Virginia Legislature Passes Cotenancy Modernization and Majority Protection Act

On March 5, 2018, the West Virginia Legislature completed legislative action on and passed House Bill 4268, known as the Cotenancy Modernization and Majority Protection Act. The bill will now be delivered to the Governor’s desk…more

Energy Projects, Energy Sector, Gas Royalties, Land Developers, Land Owners

See all updates »

Proposition 112 Does Not Pass in Colorado

Colorado voted “No” on Proposition 112 which would have required 2,500-foot setbacks between any new oil and gas developments and any “occupied structure” or “vulnerable area.” The count with 83% of precincts reporting is at…more

Ballots, Legislative Agendas, Oil & Gas, Proposed Legislation, Setback Rules

See all updates »

West Virginia Foreclosures in the Age of Corona

Economic turmoil brought on by the coronavirus pandemic has created much concern about a potential rise in residential foreclosures. On August 5, 2020, Governor Jim Justice followed his presentation on school reopening with…more

Banks, CARES Act, CDC, Coronavirus/COVID-19, Eviction

See all updates »

Construction in PA Returns May 1: Guidance for the Industry

On April 22, 2020 Governor Tom Wolf announced that all businesses in the construction industry will be permitted to resume in-person operations starting May 1, 2020. Resumption of projects requires observance of certain Guidance…more

Construction Industry, Contractors, Coronavirus/COVID-19, Governor Wolf, Operators of Essential Services

See all updates »

Texas Bans the Manufacture and Sale of Smokable Hemp Products

The State of Texas officially banned the manufacture and sale of smokable hemp products and hemp vapor cartridges. Effective August 2, 2020, the Texas Department of State Health Services (the “DSHS”) issued a final rule…more

Cannabis Products, Final Rules, Governor Abbott, Hemp, Manufacturers

See all updates »

Risk Associated with Failure of Programs to Gain Timely Accreditation

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation. The…more

Accreditation, Appeals, Colleges, Nurses, Risk Mitigation

See all updates »

USDOT Safety-Sensitive Employees Now on Notice About CBD Use

USDOT safety-sensitive employees cannot use cannabidiol ("CBD") products without impunity. On February 18, 2020, the U.S. Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (“USDOT”) issued a Policy…more

Cannabidiol (CBD) oil, Cannabis Products, Department of Transportation (DOT), Drug Testing, Farm Bill

See all updates »

Ohio Supreme Court Finds No Conflict Between MTA and DMA in Reuniting Mineral Interests

On December 2, 2020, the Supreme Court of Ohio issued its opinion in West v. Bode, 2020-Ohio-5473, and determined that either the Marketable Title Act (“MTA”) or the Dormant Mineral Act (“DMA”) may be used to reunite a severed…more

Appellate Courts, Conflict Mineral Rules, Due Process, Marketable Title, Mineral Rights

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Electronic Data Proves Pivotal in Kevin Spacey Cases

Preservation of electronically stored information (ESI) is steadily becoming a determining component in modern-day litigation. Last year, criminal and civil actions against actor Kevin Spacey Fowler arising from an alleged…more

Cell Phones, Criminal Investigations, Dismissal With Prejudice, e-Discovery, Electronically Stored Information

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West Virginia Oil & Gas Conservation Commission to Issue Emergency Rule for Horizontal Deep Wells

At an April 23, 2019 public hearing, the Chairman of the West Virginia Oil and Gas Conservation Commission (“OGCC”) announced the Commission’s intention to introduce an emergency rule for setback/spacing standards for horizontal…more

Comment Period, Emergency Rule, Horizontal Wells, Oil & Gas, Public Comment

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Disagreement Does Not Mean Ambiguity

West Virginia Supreme Court Upholds Water Backup Exclusion - The Supreme Court of Appeals of West Virginia recently found an exclusion for loss or damage caused by “water that backs up or overflows from a sewer, drain, or…more

Appeals, Commercial Insurance Policies, Commercial Property Owners, Employees, Sewer Systems

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WV Supreme Court Broadly Applies Immunity to Certain State Employees

In the recent West Virginia Supreme Court case of R.L.D. v. W.Va. Dep’t of Health & Human Res., 2018 WL 6040310 (November 19, 2018), the Court upheld summary judgment as a matter of law in favor of Child Protective Services…more

Child Custody, Child Protection Laws, Child Protective Services, Emotional Injury Claims, Human Resources Professionals

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Ohio Supreme Court Upholds Land Professional Licensing Requirement

On September 25, 2018, the Supreme Court of Ohio issued its opinion which held that oil and gas land professionals must be licensed as real estate brokers in Ohio if they are engaged in obtaining oil and gas leases for other oil…more

Energy Sector, Land Owners, Licensing Rules, Mineral Exploration, Mineral Leases

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Department of Education Final Rule Covers Four Key Areas

The U.S. Department of Education has issued a final rule ("Final Rule") meant to clarify policies regarding freedom of speech, academic freedom, and Title IX exemptions. The Final Rule does four things: 1. Implements…more

Anti-Discrimination Policies, Colleges, Department of Education, Federal Loans, Final Rules

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President Moves to Secure Domestic Production and Processing of Rare Earth Elements

Flying under the radar in past years, the recovery of Rare Earth Elements (“REE”) and the importance of REE to manufacturing in the United States are now recognized as crucial issues implicating national security. REEs - used…more

China, Defense Production Act, Defense Sector, Energy Sector, Executive Orders

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PA Supreme Court Rejects Challenges to COVID-19 Business Shutdown

On April 13, 2020 in Friends of DeVito v. Wolf, No. 68 MM 2020, the Pennsylvania Supreme Court issued a decision rejecting several challenges to Governor Wolf’s March 6 COVID-19 Disaster Proclamation and his subsequent March 19…more

Business Interruption, Coronavirus/COVID-19, Governor Wolf, PA Supreme Court, SBA

See all updates »

First Look - Summer 2020: Insurance Newsletter

According to the FBI, “The total cost of insurance fraud (non-health insurance) is estimated to be more than $40 billion per year. That means Insurance Fraud costs the average U.S.family between $400 and $700 per year in the…more

Collusion, Discovery, Examinations Under Oath, Insurance Claims, Insurance Fraud

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West Virginia Commences Regulating Entire CBD Industry

The West Virginia Department of Agriculture’s ("WVDA") Hemp Products rule aims to regulate all CBD products entering West Virginia’s stream of commerce. Commencing July 1, 2020, all manufacturers and retailers of CBD Products…more

Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Manufacturers

See all updates »

Supreme Court Bans Employment Bias Against Gay and Transgender People

The United States Supreme Court, in a 6-3 ruling, decided on June 15, 2020 that employment discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex, and therefore, it is…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 »

West Virginia Takes Another Step Toward More Conservative View of Class Actions

Plaintiffs seeking class action treatment in West Virginia state court may find a less hospitable environment in the wake of a recent decision. In State ex rel. Surnaik Holdings of WV, LLC v. Bedell, the Supreme Court of…more

Appeals, Class Action, Class Certification, FRCP 23, Predominance Requirement

See all updates »

Kentucky Supreme Court Unanimously Applies Quality Assurance Privilege To Malpractice Action

Kentucky long-term care facilities recently won a landmark victory at the Kentucky Supreme Court protecting certain documents created by or at the request of the Quality Assurance Committee from disclosure in litigation. Prior…more

Healthcare, KY Supreme Court, Long Term Care Facilities, Long-Term Care, Medical Malpractice

See all updates »

Ohio Supreme Court Rules on DMA's Notice Requirements for Abandonment of Mineral Interests

On December 17, the Supreme Court of Ohio held in Gerrity v. Chervenak that the circumstances of each respective case will control the efforts a surface owner must take before resorting to notice by publication under the Dormant…more

Abandoned Property, Due Diligence, Land Owners, Land Titles, Mineral Leases

See all updates »

PHMSA Issues Proposed Rules for Gas Pipeline Regulatory Reform

On June 9, 2020, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a Notice of Proposed Rulemaking (“NOPR”) to revise the Federal Pipeline Safety Regulations (“Regulations”) to reduce regulatory burdens…more

Notice of Proposed Rulemaking (NOPR), Oil & Gas, PHMSA, Pipelines, Regulatory Reform

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Municipal Wastewater Utilities and COVID-19: Being Proactive During a Pandemic

While the threat of contamination through exposure to wastewater is unlikely, there are additional steps municipal wastewater utilities can implement to not only protect its personnel and the users it serves, but to also…more

Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Municipalities, Public Utility

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COVID-19 Causing Restaurant/Bar/Venue Closures - Know Your Legal Requirements

The Steptoe & Johnson Alcohol Team continues to monitor restaurant closures and changes in laws relating to the sale of alcohol within our footprint. As of March 18, 2020, the following directives have been ordered either…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Executive Orders, Shelter-In-Place

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After Court Decision, Could Title IX Expand to Cover Hazing?

A recent federal court decision in Louisiana suggests that Title IX requires institutions of higher education to treat fraternities and sororities equally. While Title IX generally involves cases of sexual assaults on campus,…more

Colleges, Educational Institutions, Hazing, Students, Title IX

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Risk Associated with Failure of Programs to Gain Timely Accreditation

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation. The…more

Accreditation, Appeals, Colleges, Nurses, Risk Mitigation

See all updates »

Court Limits Workers’ Rights to Form Micro Units for Collective Bargaining Purposes

The D.C. Circuit overturned a decision that allowed Chicago-area hotel workers (housekeepers and food and beverage staff) to form extremely narrow bargaining units. In its decision, the D.C. Circuit held that the NLRB failed to…more

Community of Interest, Employees, Employer Liability Issues, Hospitality Industry, Hotels

See all updates »

Do You See What I See? Hardship Withdrawal Guidance From the IRS, As Requested By Congress

This time of year, gift-givers may feel rich in spirit but otherwise penniless. They may ask whether they can receive a hardship distribution from their 401(k) account when faced with a not-so-holly or jolly bank statement at…more

401k, Benefit Plan Sponsors, Bipartisan Budget Act, Employee Benefits, Hardship Distributions

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Expanded Unemployment Compensation Benefits and the CARES Act

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES). The CARES Act is a $2 trillion relief bill that received strong bipartisan support in both the Senate and House of…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Unemployment Insurance

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COVID-19 and West Virginia’s Open Governmental Proceedings Act: How Municipalities are Continuing with Business as Usual

While most of the country is slowly adapting to the “new normal,” many West Virginia municipalities and other public bodies are beginning to ask how they continue business as usual when public meetings can no longer safely be…more

Coronavirus/COVID-19, Governor Justice, Re-Opening Guidelines, Remote Working, Shelter-In-Place

See all updates »

West Virginia Updates Nursing Home Vaccination Distribution Plan

As the country prepares to end the fight against COVID-19, questions regarding the distribution of vaccines have understandably been at the forefront of the minds of Long-Term Care Facilities (“LTCF”). Indeed, those questions…more

CDC, Coronavirus/COVID-19, First Responders, Health Care Providers, Healthcare Workers

See all updates »

The Mission Change Whitepaper: A Glimpse Into Future Rulemakings in Colorado

On November 1st, the Colorado Oil & Gas Conservation Commission (“COGCC”) released its Mission Change Whitepaper... It provides a broad overview of possible future rulemakings after the passage of Senate Bill 19-181, which…more

Energy Sector, Environmental Policies, Oil & Gas, Public Comment, Rulemaking Process

See all updates »

SEC Expands Accredited Investor Definition

The SEC has expanded the definition of accredited investor to modernize it and enable more investors to access private offerings. “Accredited investor” is defined in Rule 501(a) of Regulation D under the Securities Act of 1933…more

Accredited Investors, Private Offerings, Regulation D, Rule 501(a), SEC

See all updates »

Ohio Supreme Court Rules on DMA's Notice Requirements for Abandonment of Mineral Interests

On December 17, the Supreme Court of Ohio held in Gerrity v. Chervenak that the circumstances of each respective case will control the efforts a surface owner must take before resorting to notice by publication under the Dormant…more

Abandoned Property, Due Diligence, Land Owners, Land Titles, Mineral Leases

See all updates »

The May STEO Forecasts Good News on Predicted Pricing, But Concerning Predictions on Production

The U.S. Energy Information Administration (“EIA”) released its Short-Term Energy Outlook (“STEO”) on May 12, 2020, but noted that it was subject to “heightened levels of uncertainty because the effects on energy markets of…more

Coronavirus/COVID-19, Crude Oil, EIA, Energy Sector, Oil & Gas

See all updates »

Kentucky Supreme Court Unanimously Applies Quality Assurance Privilege To Malpractice Action

Kentucky long-term care facilities recently won a landmark victory at the Kentucky Supreme Court protecting certain documents created by or at the request of the Quality Assurance Committee from disclosure in litigation. Prior…more

Healthcare, KY Supreme Court, Long Term Care Facilities, Long-Term Care, Medical Malpractice

See all updates »

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will only…more

Bad Faith, Commercial General Liability Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

See all updates »

Governor Justice to Reopen West Virginia - Guidance for the Construction Industry

Although the construction industry was generally exempted from Governor Jim Justice’s March 23, 2020 Order directing all non-essential businesses to temporarily close due to COVID-19, the pandemic will nevertheless have a…more

Construction Industry, Executive Orders, Governor Justice, Re-Opening Guidelines, Social Distancing

See all updates »

Ohio Land Professional Licensing Deadline is December 1

After the passage of Ohio House Bill No.197 (“Bill”), the Ohio Department of Commerce, Division of Real Estate & Professional Licensing (“Department”), recently issued an alert that the failure of a land professional to file his…more

Applications, Executive Orders, Licenses, Licensing Rules, Professional License

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West Virginia Supreme Court of Appeals Upholds Right to Work Law

On April 21, 2020, the West Virginia Supreme Court of Appeals issued a long-awaited opinion on the constitutionality of West Virginia’s Workplace Freedom Act (“WFA”), commonly referred to as the “Right to Work” law. The Court…more

Appeals, Constitutional Challenges, Right to Work, Union Dues, Unions

See all updates »

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in Asbestos Claim

In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps, Inc.,…more

Affidavits, Asbestos Litigation, Cross Examination, Depositions, Evidence

See all updates »

Court Limits Workers’ Rights to Form Micro Units for Collective Bargaining Purposes

The D.C. Circuit overturned a decision that allowed Chicago-area hotel workers (housekeepers and food and beverage staff) to form extremely narrow bargaining units. In its decision, the D.C. Circuit held that the NLRB failed to…more

Community of Interest, Employees, Employer Liability Issues, Hospitality Industry, Hotels

See all updates »

West Virginia Updates Nursing Home Vaccination Distribution Plan

As the country prepares to end the fight against COVID-19, questions regarding the distribution of vaccines have understandably been at the forefront of the minds of Long-Term Care Facilities (“LTCF”). Indeed, those questions…more

CDC, Coronavirus/COVID-19, First Responders, Health Care Providers, Healthcare Workers

See all updates »

FBI: Scammers in Disguise Target Health Care Providers with Threats and Phony Investigations

On October 13, 2020, the FBI’s Office of Private Sector issued a Liaison Information Report [“LIR”] to warn medical providers of a nationwide fraud scheme targeting them. The LIR summarized multiple instances in which criminals…more

Best Practices, DEA, DOJ, FBI, Fraud

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Talc Defendant to Appeal Recent Missouri Verdict

A defendant in a talc jury trial intends on appealing a recent verdict reached in a Missouri case involving twenty-two plaintiffs who claimed that the defendant’s talcum powder contained asbestos and that they developed ovarian…more

Appeals, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Forum Shopping, Jury Verdicts, Mass Tort Litigation

See all updates »

Ohio Passes Law Shielding Employers from Liability for COVID-19 Related Lawsuits

On September 14, 2020, House Bill 606 was signed into law by Governor DeWine, which provides Ohio employers with legal protections to stem the spread of COVID-19 lawsuits. Under this law, Ohio profit and non-profit private and…more

Colleges, Coronavirus/COVID-19, Corporate Liability, Employer Liability Issues, Government Entities

See all updates »

First Look - Summer 2018: Insurance Newsletter

Your company’s computer system has been compromised by a hacker. From your initial investigation, you discover that the hacker has accessed proprietary company information and customer information including Social Security…more

Commercial General Liability Policies, Cyber Attacks, Cyber Insurance, Cyber Threats, Cybersecurity

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EPA Introduces Additional Action Items Under Its 2019 PFAS Action Plan

On January 19, 2021, the United States Environmental Protection Agency (“EPA”) introduced several new action items to further complement its progress under the 2019 Per-and Polyfluoroalkyl Substances ("PFAS") Action Plan. These…more

CERCLA, Contaminated Properties, Drinking Water, EPA, Groundwater

See all updates »

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will only…more

Bad Faith, Commercial General Liability Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

See all updates »

New Ohio Court Ruling Tackles Issues Critical to Lessees

Another significant oil and gas law decision has recently been published out of the Ohio Seventh District Court of Appeals. In the case of Hogue v. Whitacre, 2017-Ohio-9377, released on December 22, 2017, the Seventh District…more

Appeals, Commercial Leases, Mineral Leases, Oil & Gas, Operating Costs

See all updates »

Steptoe & Johnson's First Look Winter 2018 Insurance Newsletter

Employers face liability in a variety of contexts; however, commercial general liability (“CGL”) policies “generally exclude coverage for injury to an employee ‘arising out of and in the course of’ the employment.” In addition,…more

#MeToo, Bodily Injury, Civil Rights Act, Commercial General Liability Policies, Employer Liability Issues

See all updates »

A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

See all updates »

SEC Securities Act Rules Simplified, Improved

The SEC amended the rules under the Securities Act of 1933 ("Act") to simplify, harmonize, and improve certain aspects of the exempt offering framework in order to promote capital formation while preserving or enhancing…more

Capital Formation, Crowdfunding, Disclosure Requirements, Eligibility Determination, Investor Protection

See all updates »

The Mission Change Whitepaper: A Glimpse Into Future Rulemakings in Colorado

On November 1st, the Colorado Oil & Gas Conservation Commission (“COGCC”) released its Mission Change Whitepaper... It provides a broad overview of possible future rulemakings after the passage of Senate Bill 19-181, which…more

Energy Sector, Environmental Policies, Oil & Gas, Public Comment, Rulemaking Process

See all updates »

PA Supreme Court Rejects Challenges to COVID-19 Business Shutdown

On April 13, 2020 in Friends of DeVito v. Wolf, No. 68 MM 2020, the Pennsylvania Supreme Court issued a decision rejecting several challenges to Governor Wolf’s March 6 COVID-19 Disaster Proclamation and his subsequent March 19…more

Business Interruption, Coronavirus/COVID-19, Governor Wolf, PA Supreme Court, SBA

See all updates »

Don’t Let Automatic Calls to Consumers Cost You, Rather than Help You – A TCPA Update

Earlier this month, the United States Supreme Court confirmed the broad reach of the Telephone Consumer Protection Act (TCPA) to prohibit unsolicited automated calls or “robocalls” to cell phones. In Barr v. American…more

Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Cell Phones, Robocalling, SCOTUS

See all updates »

West Virginia Takes Another Step Toward More Conservative View of Class Actions

Plaintiffs seeking class action treatment in West Virginia state court may find a less hospitable environment in the wake of a recent decision. In State ex rel. Surnaik Holdings of WV, LLC v. Bedell, the Supreme Court of…more

Appeals, Class Action, Class Certification, FRCP 23, Predominance Requirement

See all updates »

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will only…more

Bad Faith, Commercial General Liability Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

See all updates »

EEO-1 Filers Required to Submit 2017 and 2018 Pay Data by Sept. 30

In March of this year, a federal judge ordered the White House Office of Management and Budget to lift its stay of an Obama-era plan for businesses to turn over detailed pay and hours-worked data as part of their EEO-1…more

Data Collection, EEO-1, EEOC, Employer Liability Issues, Filing Deadlines

See all updates »

Illinois Supreme Court Issues Opinion that May Change Asbestos Litigation Landscape

On September 21, 2017 the Supreme Court of the State of Illinois issued a personal jurisdiction opinion that may change the national landscape of asbestos litigation. Aspen American Insurance Company v. Interstate…more

Asbestos Litigation, Domicile, General Jurisdiction, IL Supreme Court, Personal Jurisdiction

See all updates »

A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

See all updates »

Status of Medical Marijuana in West Virginia

On January 11, 2019, Patrick Morrisey, the Attorney General of the State of West Virginia, issued a legal opinion discussing the legal risks the financial service industry may face as West Virginia implements its medical…more

Banking Sector, Controlled Substances Act, Decriminalization of Marijuana, Dispensaries, Financial Institutions

See all updates »

A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

See all updates »

West Virginia Supreme Court Applies Ohio Mixed Dust Exposure Statute

Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of…more

Appeals, Coal Industry, Combustible Dust, Forum Shopping, lex loci delicti

See all updates »

CMS to Audit and Monitor Hospital Price Transparency

On January 1, 2021, hospitals and health systems will be required to comply with Hospital Price Transparency requirements or face possible penalties from the Centers of Medicare and Medicaid Services (CMS). This rule requires…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Corrective Actions, Health Care Providers, Healthcare Reform

See all updates »

What to Expect: HHS Issues Final Rules on Stark, AKS & CMP Laws

The U.S. Department of Health and Human Services (“HHS”) recently issued two corresponding final rules amending the implementing regulations of the Physician Self-Referral Law (“Stark Law”), the Anti-Kickback Statute (“AKS”),…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Department of Health and Human Services (HHS), Final Rules

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Silica Limits for Oil and Gas Operations

June 23, 2018 will bring new standards into play for the producers of our nation’s oil and gas resources, particularly the unconventional operations utilizing hydraulic fracturing. The long expected regulations on exposure to…more

Fracking, Hazardous Substances, Oil & Gas, OSHA, Safety Precautions

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West Virginia Judge Rules Private Sector Unions are Entitled to Collect Dues, Fees, and Assessments From Non-Union Employees

In a ruling entered late on Wednesday, February 27, 2019, Kanawha County, West Virginia, Circuit Judge Jennifer Bailey issued a long-awaited ruling in the litigation challenging the constitutionality of West Virginia’s…more

Appeals, Collective Bargaining, Constitutional Challenges, Private Sector, Right to Work

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A Primer on the COVID-19 Vaccines

To date, two COVID-19 vaccines have been authorized for emergency use by the FDA. Produced by Pfizer and Moderna, the vaccines are in full distribution throughout the world; however they differ slightly in certain respects…more

CDC, Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA, Health Care Providers

See all updates »

Ohio Passes Law Shielding Employers from Liability for COVID-19 Related Lawsuits

On September 14, 2020, House Bill 606 was signed into law by Governor DeWine, which provides Ohio employers with legal protections to stem the spread of COVID-19 lawsuits. Under this law, Ohio profit and non-profit private and…more

Colleges, Coronavirus/COVID-19, Corporate Liability, Employer Liability Issues, Government Entities

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Court Affirms Denial of Board of Public Education's Summary Judgment Motion in Asbestos Case

Earlier this year, the Commonwealth Court of Pennsylvania upheld a denial of a motion for summary judgment filed by the Pittsburgh School District’s Board of Public Education (“PBE”). Geier v. Bd. of Pub. Educ. of the Sch…more

Asbestos Litigation, Board of Education, Governmental Immunity, Motion for Summary Judgment, Public Schools

See all updates »

COVID-19 Civil Immunity Protections for Institutions of Higher Education

COVID-19 litigation has begun across the nation, prompting concerns about liability exposure for colleges and universities. Although the federal SAFE TO WORK Act, which was introduced in the Senate on July 27, 2020, would have…more

CDC, Civil Claims, Colleges, Coronavirus/COVID-19, Educational Institutions

See all updates »

First Look - Fall 2017: Issues and Developments in Insurance Law

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured provisions…more

Additional Insured, Commercial General Liability Policies, Construction Industry, Contract Interpretation, Contract Terms

See all updates »

Colorado Senate Bill 181 Signed by Governor Polis

Governor Polis signed the highly controversial S.B. 181 into law on April 16, 2019. Why is this important to you? S.B. 181, also known as “Protect Public Welfare Oil and Gas Operations” has been referred to as “landmark…more

Carbon Emissions, Energy Reform, Energy Sector, Environmental Policies, New Legislation

See all updates »

PA Requires Oil and Gas Lessees to Withhold State Income Taxes from Nonresident Lessors

Under Act 43 of 2017 beginning January 1, 2018, anyone that pays Pennsylvania-source non-employee compensation or business income to a non-resident individual or disregarded entity that has a non-resident member, and is required…more

1099s, Business Taxes, Estate Tax, Income Taxes, Independent Contractors

See all updates »

Retirement Plans: The Fiduciary Landscape and Best Practices to Avoid Liability for Plan Investments

The landscape surrounding retirement plans maintained by institutions of higher education has been changing in recent years, although certain critical responsibilities that are imposed on plan sponsors have been in place since…more

401k, 403(b) Plans, 404(c) Plans, Benefit Plan Sponsors, Department of Labor (DOL)

See all updates »

President Moves to Secure Domestic Production and Processing of Rare Earth Elements

Flying under the radar in past years, the recovery of Rare Earth Elements (“REE”) and the importance of REE to manufacturing in the United States are now recognized as crucial issues implicating national security. REEs - used…more

China, Defense Production Act, Defense Sector, Energy Sector, Executive Orders

See all updates »

Fumes, Ultraviolet Radiation from Welding Named Carcinogens by IARC

Welding fumes and ultraviolet radiation from welding have recently been classified as Group 1 carcinogens by the International Agency for Research on Cancer (IARC), the World Health Organization’s specialized cancer agency…more

Cancer, Toxic Exposure, World Health Organization

See all updates »

CFIUS & Foreign Investment in Real Estate

The Committee on Foreign Investment in the United States (CFIUS) is authorized to review certain transactions involving foreign investment in the United States to determine the effect of such transactions on national…more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, FIRRMA, Foreign Investment

See all updates »

OSHA Continues the Cascade of Sector and Industry Alerts and Guidance

OSHA is under pressure from both House-passed legislation requiring OSHA to issue a Temporary Emergency Standard on COVID-19, and a new Union lawsuit against OSHA to force that issuance. Against that backdrop, OSHA continues to…more

CDC, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Health and Safety

See all updates »

First Look - Winter Issue 2018

This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused…more

Additional Insured, Auto Insurance, Commercial General Liability Policies, Construction Industry, Construction Project

See all updates »

CARES Act: Higher Education Emergency Relief Fund

The CARES Act provides $30,750,000,000 for the Education Stabilization Fund of which approximately $14,237,250,000 is set aside for the Higher Education Emergency Relief Fund. • Most higher education institutions will…more

CARES Act, Education Stabilization Fund (ESF), Higher Education Act

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Ohio Supreme Court Finds No Conflict Between MTA and DMA in Reuniting Mineral Interests

On December 2, 2020, the Supreme Court of Ohio issued its opinion in West v. Bode, 2020-Ohio-5473, and determined that either the Marketable Title Act (“MTA”) or the Dormant Mineral Act (“DMA”) may be used to reunite a severed…more

Appellate Courts, Conflict Mineral Rules, Due Process, Marketable Title, Mineral Rights

See all updates »

West Virginia Legislative - February 2020 #3

Welcome to the 2020 Legislative Brief, your one-stop shop for legislative news from a variety of sources throughout West Virginia, and my view of the legislative happenings on the horizon. February 28, 2020, marks the 52nd day…more

Legislative Agendas, Pending Legislation, Proposed Legislation, State and Local Government, State Budgets

See all updates »

Paid COVID-19 Leave Extended on a voluntary Basis Through March 31

Since April 1, employers with fewer than 500 employees have been required to grant paid leave to their employees for a variety of COVID-related reasons. The two paid-leave provisions in the Families First Coronavirus Response…more

Coronavirus/COVID-19, Covered Employer, Department of Labor (DOL), EFMLA, Employees

See all updates »

U.S. Department of Justice Revises How It Evaluates Your Corporate Compliance Program

On June 1, 2020, the United States Department of Justice (DOJ) released revised guidelines that it will use when its prosecutors evaluate your corporate compliance program and make corporate charging decisions, including whether…more

Chief Compliance Officers, Compliance, Criminal Investigations, Criminal Prosecution, DOJ

See all updates »

Selling Assets to Reduce Your Estate Tax Exposure - Act Before September 30

If you have an estate that may be subject to estate tax next year, particularly if the November election results in a greatly reduced federal estate tax exemption in 2021, now is the time to remove assets from your taxable…more

Asset Management, Asset Transfer, Estate Planning, Estate Tax, Income Taxes

See all updates »

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JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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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.