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)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • 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
  • Oklahoma
  • 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 »

West Virginia Counties and Municipalities Await Cash Influx. What Happens Next?

On March 11, President Biden signed into law the American Rescue Plan of 2021 ("Rescue Plan"), a $1.9 trillion COVID-19 relief package with the goal of providing financial relief to Americans and incentives to stimulate the…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Federal Funding, Financial Aid

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Withdrawing Employee Retention Credit Claims

IRS Updates - Because of promoters aggressively pushing schemes to claim the employee retention credit (ERC) and the resulting confusion surrounding eligibility, the IRS has released guidance for employers wanting to withdraw…more

Employee Retention, Employer Liability Issues, Employer Tax Guides, IRS, New Guidance

See all updates »

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to Wrongful-Death Actions

If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a…more

Appellate Courts, Medical Malpractice, Medical Negligence, OH Supreme Court, Professional Liability

See all updates »

Fourth Circuit Upholds Dismissal of Insurance Claim for Pandemic Related Business Losses

In a published decision filed March 7, 2022, the U.S. Court of Appeals for the Fourth Circuit in Uncork and Create LLC v. The Cincinnati Insurance Company, affirmed the U.S. District Court for the Southern District of West…more

Appeals, Business Interruption, Business Losses, Coronavirus/COVID-19, Denial of Insurance Coverage

See all updates »

Reporting Under the Corporate Transparency Act: Is Your Company in Compliance?

Federal requirements enacted by the Corporate Transparency Act for small businesses to report information about themselves and their beneficial owners are just weeks away from taking effect. Starting January 1, 2024, many…more

Beneficial Owner, Business Entities, Compliance, Corporate Governance, Corporate Transparency Act

See all updates »

There’s No Concerted Action If It’s Just One Employee or If It’s for a Non-Employee, Right? WRONG, Says the NLRB

In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the National Labor Relations Act (NLRA). Those…more

Corporate Counsel, Employee Rights, Employer Liability Issues, Employment Litigation, NLRA

See all updates »

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

Pennsylvania Lawmaker Introduces Bill to Provide for a Community Solar Program

On March 13, Pennsylvania House Bill 330 (HB 330) was proposed by Representative Perry Stambaugh. Titled “An Act providing for local solar program, for renewable energy credits and for powers and duties of the Pennsylvania…more

Energy Projects, Energy Sector, Pennsylvania, Proposed Legislation, Solar Energy

See all updates »

SCOTUS Redefines the Bounds of the Clean Water Act with Its Decision in Sackett v. United States

In a decision that has been anticipated for months, the U.S. Supreme Court issued its opinion in Sackett v. United States, essentially rewriting jurisprudence established previously in Rapanos v. United States, 547 U.S. 715…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Rapanos v US, Sackett

See all updates »

DOL Proposed Rule Would Make Higher-Paid Employees Eligible for Overtime

On August 30, the U.S. Department of Labor (DOL) announced that it would put forward a rule to raise the salary threshold under which employees are eligible for overtime pay under federal labor laws. The Fair Labor Standards Act…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Highly Compensated Employees

See all updates »

Fourth Circuit Sets Forth the Requirements for the ‘Loss of Chance’ Provision of West Virginia’s Medical Professional Liability Act

The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a…more

Appeals, Hospitals, Insurance Litigation, Medical Malpractice, Patients

See all updates »

Pennsylvania Updated Minimum Wage Regulations Take Effect This Friday

By Friday, August 5, Pennsylvania employers must ensure their wage and hour practices comply with the updated Pennsylvania minimum wage regulations. The new regulations address compensation calculations for tipped employees and…more

Fair Labor Standards Act (FLSA), Fluctuating Workweek, Minimum Wage, New Regulations, Pennsylvania

See all updates »

FERC Proposes Changes to Price Index Reporting Policy

On December 17, 2020, the Federal Energy Regulatory Committee (“FERC”) acted to revise its long-standing policy and guidelines pertaining to the reporting of natural gas transaction prices to price index publishers by issuing…more

Consumer Price Index, Energy Policy, Energy Sector, FERC, Natural Gas

See all updates »

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, Environmental Protection Agency (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

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Emergency Use Authorization (EUA), Employees, Employer Liability Issues

See all updates »

Trademark Protection for CBD Supplements

There are over 2,000 pending federal trademark applications for supplements containing cannabidiol ("CBD"). None of these applications is likely to proceed to registration under current law…more

Cannabidiol (CBD) oil, Cannabis Products, Dietary Supplements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

Quick! No Time to Blink! NLRB Reverts to Speedy Election Rules

The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by the…more

Employer Liability Issues, Final Rules, NLRA, NLRB, Proposed Rules

See all updates »

OSHA Outlines Enforcement Priorities for 2023

Senior Department of Labor officials recently outlined the Occupational Safety and Health Administration’s (OSHA) enforcement priorities at an American Bar Association conference regarding occupational safety…more

Amended Regulation, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Enforcement

See all updates »

Significant Changes for Ohio Limited Liability Companies Under New Ohio Law

Limited liability companies (LLCs) in Ohio are facing significant changes with a new law, the Ohio Revised Limited Liability Company Act (the Act). The Act becomes effective soon on February 11, 2022. By replacing existing Ohio…more

Limited Liability Company (LLC), New Legislation

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FTC’s 2023 Adjustments to HSR Filing Thresholds; Merger Filing Fee Modernization Act of 2022

On January 26, 2023, the Federal Trade Commission (FTC) published in the Federal Register its annual adjustment for notification thresholds regarding proposed mergers and acquisitions under the Hart-Scott-Rodino Antitrust…more

Acquisitions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

See all updates »

West Virginia Legislature Passes Bill Changing Oil and Gas Property Tax Valuation Methodology

On Friday, March 11, 2022, the West Virginia Legislature passed H.B. 4336, which changes the methodology the State Tax Commissioner utilizes for oil and gas property tax valuation…more

Governor Justice, Income Taxes, Legislative Agendas, Oil & Gas, Property Tax

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 »

DOE Releases the Notice of Intent to Fund Hydrogen Hubs Under the Infrastructure Investment and Jobs Act

On June 6, 2022, the Department of Energy (DOE) announced its Notice of Intent (NOI) to fund at least four clean hydrogen hubs across the United States. By way of background, the interest in hydrogen production skyrocketed…more

Critical Infrastructure Sectors, Deadlines, Department of Energy (DOE), Energy Projects, Funding Opportunities

See all updates »

FTC Proposes A Blanket Ban On Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that…more

Competition, Employees, Employer Liability Issues, Enforcement Actions, Federal Trade Commission (FTC)

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

See all updates »

Collective Bargaining for Nonprofit Organizations

In recent years, the Service Employees International Union the American Federation of State, County and Municipal Employees, and the Office and Professional Employees International Union have made substantial progress in…more

Collective Bargaining, Employees, Employer Liability Issues, Grants, NLRA

See all updates »

Navigating the ‘Tridemic’: Employer Considerations in Mandatory Vaccination Policies

Employers worried about the safety of employees and clients, especially during the annual flu season, have moved toward implementing vaccination policies in the workplace. At the time of this writing, health officials are…more

Employees, Employer Liability Issues, Employer Mandates, Employment Policies, Health and Safety

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Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers. Another…more

Colleges, Educational Institutions, Employee Definition, Employees, Labor Regulations

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Do You Still Need to Know Your ABCs? Not Under the DOL’s New Rule on Employees and Independent Contractors

On January 10, 2024, the Department of Labor (DOL) published the long-awaited final rule titled, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the Rule), which provides new guidance on…more

ABC Test, Classification, Department of Labor (DOL), Employee Definition, Employer Liability Issues

See all updates »

West Virginia Legislature Passes Bill Changing Oil and Gas Property Tax Valuation Methodology

On Friday, March 11, 2022, the West Virginia Legislature passed H.B. 4336, which changes the methodology the State Tax Commissioner utilizes for oil and gas property tax valuation…more

Governor Justice, Income Taxes, Legislative Agendas, Oil & Gas, Property Tax

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 »

Student Lawsuits in the Wake of COVID-19 – A Recent Victory for One College

There is a current wave of class action lawsuits against institutions of higher education. Over 150 class action suits have been filed. Students are seeking reimbursement of their tuition, room and board, and fees predominately…more

Breach of Contract, Class Action, Colleges, Coronavirus/COVID-19, Educational Institutions

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, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction

See all updates »

WV Supreme Court of Appeals Decides Hospital Records Case Clarifying "Typicality" Requirement for Class Certification

The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia state…more

Appeals, Business Litigation, Class Certification, Healthcare, Medical Records

See all updates »

First Look - Winter 2022: Insurance Newsletter

ADVERTISING INJURIES: DEFAMATION AND RIGHT OF PUBLICITY - Advertising injuries occur when a business injures another party during the course of advertising its products or services. The Insurance Services Office (ISO) defines…more

Advertising Injury, Commercial General Liability Policies, Defamation, Insurance Industry, Insurance Litigation

See all updates »

Trademark Protection for CBD Supplements

There are over 2,000 pending federal trademark applications for supplements containing cannabidiol ("CBD"). None of these applications is likely to proceed to registration under current law…more

Cannabidiol (CBD) oil, Cannabis Products, Dietary Supplements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

In Major New Decision, NLRB Authorizes Union Recognition Without Election

On August 25, the National Labor Relations Board (the Board) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal representation…more

Bargaining Units, Collective Bargaining, Employer Liability Issues, Employment Policies, NLRB

See all updates »

Fifth Circuit Upholds Nasdaq’s Rules on Board Diversity

In Alliance for Fair Board Recruitment v. SEC, a panel of three 5th U.S. Circuit Court of Appeals judges upheld Nasdaq’s rules on board diversity. The rules require each Nasdaq-listed company to disclose information on the…more

Amicus Briefs, Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I)

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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 »

Oklahoma Limits Foreign Property Ownership, Requires Affidavit of Compliance for Deeds

On November 1, 2023, a statutory amendment went into effect in Oklahoma which requires an affidavit be completed and attached as an exhibit to all deeds filed for record in any county in the state certifying compliance with the…more

Affidavits, Buyers, Deeds, Foreign Entities, Foreign Ownership

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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

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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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District Court Dismisses Challenge to West Virginia Unitization Act

On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners…more

Appeals, Constitutional Challenges, Energy Sector, Mineral Leases, Mineral Rights

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New Federal M&A Broker Exemption

On December 29, 2022, President Biden signed the Consolidated Appropriations Act of 2023 (H.R. 2617) into law, providing a federal statutory exemption from securities law broker registration for merger and acquisition (M&A)…more

Acquisitions, Biden Administration, Broker-Dealer, Business Assets, Consolidated Appropriations Act (CAA)

See all updates »

First Look - Summer 2022: Insurance Newsletter

Change is a constant in the world today. This is particularly true of the past two tumultuous years, which saw a worldwide pandemic that impacted nearly every aspect of everyday life. Rapidly advancing technology and third-party…more

Climate Change, Coronavirus/COVID-19, Cybersecurity, Data Breach Costs, Data Protection

See all updates »

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

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

See all updates »

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

See all updates »

Reporting Under the Corporate Transparency Act: Is Your Company in Compliance?

Federal requirements enacted by the Corporate Transparency Act for small businesses to report information about themselves and their beneficial owners are just weeks away from taking effect. Starting January 1, 2024, many…more

Beneficial Owner, Business Entities, Compliance, Corporate Governance, Corporate Transparency Act

See all updates »

With New Title IX Regulations Looming, Now Is the Time to Prepare Your Institution

The release by the Department of Education of preliminary proposed new rules regulating the implementation of Title IX requirements on campuses across the country has received extensive attention. The proposed new rules are…more

Comment Period, Discrimination, Educational Institutions, NPRM, Policies and Procedures

See all updates »

Consumer Financial Protection Bureau Imposes Record Fine for Consumer Banking Violations; Civil Suits May Follow

The Consumer Financial Protection Bureau (CFPB) recently imposed its largest fine ever for consumer banking law violations. The agency’s action is a good reminder for other banks to review their own practices and may spawn class…more

Banking Sector, Banks, Civil Monetary Penalty, Class Action, Consent Order

See all updates »

Recent Decision Drastically Changes Venue Rules for Pennsylvania Health Care Providers

In a setback for Pennsylvania health care providers, the Supreme Court of Pennsylvania approved an order amending the rules pertaining to the venue in which medical malpractice suits may be brought. The Pennsylvania Rules of…more

Health Care Providers, Legislative Agendas, Medical Malpractice, PA Supreme Court, Professional Liability

See all updates »

OSHA Puts Healthcare Employers on Alert After Issuing Penalties for Willful Citations

An alarm bell has sounded for healthcare facilities as the Occupational Safety and Health Administration (OSHA) issues two Willful COVID-19 Citations with nearly $300,000 in proposed penalties. On August 4th, OSHA…more

Citations, Coronavirus/COVID-19, Healthcare Facilities, Hospitals, Infectious Diseases

See all updates »

EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule to implement the Pregnant Workers Fairness Act (PWFA), which was passed on June 27, 2023. The PWFA requires public and private…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Labor Reform

See all updates »

FERC and NERC Issue Joint Recommendations in Response to Winter Storm Elliott Potentially Impacting Well Head to the Burner Tip

On November 7, 2023, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) issued a joint report including recommendations targeting the natural gas industry from the well…more

Electricity, FERC, Marcellus Shale, Natural Gas, NERC

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 »

Pennsylvania Court Upholds Cross-Unit Drilling Under Act 85

On January 24, 2023, the U.S. District Court for the Middle District of Pennsylvania held that Act 85 of 2019, which permits drilling horizontal oil and gas wells across existing drilling units, is not unconstitutional…more

Constitutional Challenges, Contract Disputes, Contract Terms, Land Owners, Mineral Leases

See all updates »

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to Wrongful-Death Actions

If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a…more

Appellate Courts, Medical Malpractice, Medical Negligence, OH Supreme Court, Professional Liability

See all updates »

Employers Within the Fifth Circuit Are Now Open to More Claims Under Title VII with the Abandonment of the Previous Title VII “Ultimate Employment Decisions” Rule

The Fifth Circuit no longer limits Title VII claims to “ultimate employment decisions” per the en banc decision in Hamilton v. Dallas County. In Hamilton, a group of female officers alleged that the Dallas County Sheriff’s…more

Certiorari, Employer Liability Issues, Employment Discrimination, Employment Litigation, En Banc Review

See all updates »

Hazard Alert! Don’t Ignore OSHA’s Updated Electronic Submission Requirements for Employers

Effective January 1, 2024, the Occupational Safety and Health Administration’s (OSHA) new record-keeping rule will now require employers with 100 or more workers in OSHA’s “highest hazard” industries to electronically file…more

Amusement Parks, Delivery Drivers, Electronic Filing, Employer Liability Issues, Entertainment Industry

See all updates »

First Look - Summer 2022: Insurance Newsletter

Change is a constant in the world today. This is particularly true of the past two tumultuous years, which saw a worldwide pandemic that impacted nearly every aspect of everyday life. Rapidly advancing technology and third-party…more

Climate Change, Coronavirus/COVID-19, Cybersecurity, Data Breach Costs, Data Protection

See all updates »

West Virginia Notary Law Changes in Effect June 17, 2021

West Virginia Governor Jim Justice signed SB 469 into law, codifying provisions from a 2020 executive order suspending the mandate requiring a notary be physically present with individuals when signing documents or making notary…more

Governor Justice, Legislative Agendas, New Legislation, Notarization, Remote Notarization

See all updates »

ALL EMPLOYERS BEWARE: Previously Lawful Employer Rules May Now Violate the NLRA Even in Non-Unionized Workplaces

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) decided a case called Stericycle, Inc. This case is the latest in what has been a continued effort to roll back precedents set under the Trump…more

Employee Handbooks, Employees, Employer Liability Issues, Employment Policies, NLRA

See all updates »

Consumer Financial Protection Bureau Imposes Record Fine for Consumer Banking Violations; Civil Suits May Follow

The Consumer Financial Protection Bureau (CFPB) recently imposed its largest fine ever for consumer banking law violations. The agency’s action is a good reminder for other banks to review their own practices and may spawn class…more

Banking Sector, Banks, Civil Monetary Penalty, Class Action, Consent Order

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 »

New Mexico Enacts 98 Percent Gas Capture Rule

After two years of rulemaking, and more than a year of public comments, on Thursday, March 25, 2021, New Mexico’s Oil Conservation Commission (OCC) unanimously approved new regulations on natural gas emissions that require New…more

Climate Change, Greenhouse Gas Emissions, Methane, Natural Gas, New Regulations

See all updates »

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

OCR Enforcement of Right to Access Extends to Dental Practices

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) continues its enforcement activities to emphasize compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule’s…more

Civil Monetary Penalty, Compliance, Dental Practice, Department of Health and Human Services (HHS), Enforcement Actions

See all updates »

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to Wrongful-Death Actions

If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a…more

Appellate Courts, Medical Malpractice, Medical Negligence, OH Supreme Court, Professional Liability

See all updates »

FERC and NERC Issue Joint Recommendations in Response to Winter Storm Elliott Potentially Impacting Well Head to the Burner Tip

On November 7, 2023, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) issued a joint report including recommendations targeting the natural gas industry from the well…more

Electricity, FERC, Marcellus Shale, Natural Gas, NERC

See all updates »

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

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

See all updates »

Compliance Audits - How to Prevent Major Title IX Issues

Institutions of Higher Education need to consider new approaches to Title IX compliance. We recommend proactive, periodic, non-incident related, and targeted operational compliance audits to get in front of Title IX issues…more

Academic Misconduct, Audits, Colleges, Compliance, Educational Institutions

See all updates »

Can Colleges Mandate Vaccines? Yes, But Beware.

As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Civil Rights Act, Colleges, Coronavirus/COVID-19

See all updates »

DOL Provides Guidance on FMLA Leave for Mental Health Conditions

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions such as heart attacks or surgeries. But more nuanced is the application of…more

Coronavirus/COVID-19, Department of Labor (DOL), Employees, Employer Liability Issues, Family and Medical Leave Act (FMLA)

See all updates »

DOL Proposed Rule Would Make Higher-Paid Employees Eligible for Overtime

On August 30, the U.S. Department of Labor (DOL) announced that it would put forward a rule to raise the salary threshold under which employees are eligible for overtime pay under federal labor laws. The Fair Labor Standards Act…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Highly Compensated Employees

See all updates »

Pennsylvania Appellate Court Invalidates Online Arbitration Clause in Hyperlinked 'Terms and Conditions'

The Pennsylvania Superior Court recently invalidated Uber’s use of a mandatory arbitration clause in an online registration page for customers, ruling that the arbitration clause was unenforceable because it did not clearly…more

Arbitration, Consumer Contracts, Mandatory Arbitration Clauses, Motion to Compel, Online Contracts

See all updates »

Computer-Security Incident Rule Creates New Notification Requirements for Banking Organizations and Bank Service Providers

On November 18, 2021, the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (FRB), and the Office of the Comptroller of the Currency (OCC) issued a joint final rule (the…more

Banking Sector, Compliance, Cyber Attacks, Cybersecurity, Data Breach

See all updates »

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all who…more

Appeals, Employees, Employer Liability Issues, General Contractors, Legislative Agendas

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Colorado Supreme Court Clarifies the Law Applicable to Oil and Gas Leases

The Colorado Supreme Court on November 20, 2023, issued a long-awaited decision that reversed a 2021 panel of the Colorado Court of Appeals by rejecting the universal application of the “commercial discovery rule” to Colorado…more

Appeals, CO Supreme Court, Commercial Leases, Commercial Litigation, Discovery Rule

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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

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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

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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

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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

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OSHA Issues Updated COVID-19 Guidance to Match CDC’s July 27th Protocol on Masks Indoors in Public Places even for Fully Vaccinated Employees in Substantial or High Transmission Areas

On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks indoors…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, General Duty Clause, Guidance Update, Infectious Diseases

See all updates »

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all who…more

Appeals, Employees, Employer Liability Issues, General Contractors, Legislative Agendas

See all updates »

OSHA's Proposed Rule a Potential Boost for Unions

Imagine a frustrated union organizer having a hard time persuading a group of employees to sign cards. That organizer will undoubtedly be delighted to learn that on August 30, the Occupational Safety and Health Administration…more

Employees, Employer Liability Issues, Labor Relations, NLRB, OSHA

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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

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2022 Uniform Commercial Code Amendments Address Emerging Digital Technologies

The market for digital assets, such as cryptocurrency and nonfungible tokens (NFTs), all of which are considered intangible personal property, continues to evolve and, as a result, digital assets are increasingly sold or…more

Cryptocurrency, Digital Assets, Non-Fungible Tokens (NFTs), State and Local Government, State Legislatures

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The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care Itself

The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional…more

Appeals, Health Care Providers, Healthcare, Insurance Claims, Insurance Industry

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In Major New Decision, NLRB Authorizes Union Recognition Without Election

On August 25, the National Labor Relations Board (the Board) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal representation…more

Bargaining Units, Collective Bargaining, Employer Liability Issues, Employment Policies, NLRB

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First Look: Spring 2021 Newsletter

In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,…more

Business Interruption, Business Litigation, Commercial General Liability Policies, Coronavirus/COVID-19, Insurance Industry

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Department of Justice Wants Corporate Compliance Plans on the "Front Burner"

New Department of Justice (“DOJ”) Criminal Chief Kenneth Polite was recently interviewed about his efforts to reinvigorate federal white-collar crime prosecutions. DOJ’s new priorities will include investigations of corporate…more

Compliance, Cyber Crimes, Department of Justice (DOJ), Enforcement Actions, Government Agencies

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PFAS Lawsuits Illustrate Impact of Plaintiffs' Legal Theories

A recent case filed in the U.S. District Court for the Northern District of West Virginia serves as an illustration of the significant impact plaintiffs' legal theories will have on those targeted as a source or potential source…more

Chemicals, Contamination, Drinking Water, PFAS, Toxic Chemicals

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Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Department of Education

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First Look - Fall 2021: Insurance Newsletter

MASS SHOOTINGS: MULTIPLE CLAIMANT CONSIDERATIONS - In 2020, despite nearly nationwide lockdowns due to the COVID-19 pandemic, the United States sustained 611 mass shooting events. This represents an increase from 336 in 2018…more

Commercial General Liability Policies, Crime Insurance Policies, Insurance Claims, Insurance Contracts, Insurance Industry

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PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

Ohio Supreme Court Further Clarifies ‘Reasonable Diligence’ Standard under the Ohio Dormant Mineral Act

On March 24, 2022, the Supreme Court of Ohio issued its decision in Fonzi v. Brown and Fonzi v. Miller, Slip Opinion No. 2022-Ohio-901, discussing the level of due diligence required of a surface owner to provide notice to a…more

Appeals, Burden of Proof, Due Diligence, Energy Sector, Mineral Rights

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Do You Still Need to Know Your ABCs? Not Under the DOL’s New Rule on Employees and Independent Contractors

On January 10, 2024, the Department of Labor (DOL) published the long-awaited final rule titled, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the Rule), which provides new guidance on…more

ABC Test, Classification, Department of Labor (DOL), Employee Definition, Employer Liability Issues

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New Amendment to West Virginia Consumer Credit and Protection Act Provides More Clarity for Creditors

On March 18, 2021, the West Virginia legislature passed Senate Bill 5 – an Amendment to the West Virginia Consumer Credit and Protection Act (WVCCPA). The Amendment provides more clarity about several aspects of litigation under…more

Business Litigation, Consumer Credit Protection Act (CCPA), Governor Justice, Legislative Agendas, Proposed Amendments

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MSHA’s New Powered Haulage Standard Rule and Implementation

Since the mid-1990s, the Mine Safety and Health Administration (MSHA) has talked about surface haulage accidents and how to prevent them. Organizations including the National Institute for Occupational Safety and Health (NIOSH),…more

Employer Liability Issues, Enforcement, Final Rules, Heavy Equipment, Mine Safety and Health Administration (MSHA)

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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 »

Supreme Court of Appeals of West Virginia Rules on ‘Duty to Defend’ in Contractual Indemnification Provisions

On June 12, 2023, the Supreme Court of Appeals of West Virginia held in WW Consultants, Inc. v. Pocahontas County Public Service District and A-3 USA, Inc., Orders Construction Company, Inc., and Pipe Plus, Inc., No. 21-0485,…more

Ambiguous, Appeals, Construction Contracts, Construction Industry, Construction Litigation

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, Employee Retirement Income Security Act (ERISA)

See all updates »

Strike Force Takes Renewed Aim at Health Care Fraud and Abuse and Encourages Whistleblowers

The United States Attorney’s Office for the Northern District of West Virginia announced a renewed emphasis on health care fraud prosecutions in West Virginia as of January 19, 2022. It formed the Mountaineer Health Care Fraud…more

Civil Monetary Penalty, Criminal Investigations, Healthcare Fraud, Qui Tam, U.S. Attorney

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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

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FTC’s 2023 Adjustments to HSR Filing Thresholds; Merger Filing Fee Modernization Act of 2022

On January 26, 2023, the Federal Trade Commission (FTC) published in the Federal Register its annual adjustment for notification thresholds regarding proposed mergers and acquisitions under the Hart-Scott-Rodino Antitrust…more

Acquisitions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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Colorado Supreme Court Clarifies the Law Applicable to Oil and Gas Leases

The Colorado Supreme Court on November 20, 2023, issued a long-awaited decision that reversed a 2021 panel of the Colorado Court of Appeals by rejecting the universal application of the “commercial discovery rule” to Colorado…more

Appeals, CO Supreme Court, Commercial Leases, Commercial Litigation, Discovery Rule

See all updates »

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that…more

Employee Rights, Employees, Employer Liability Issues, NLRA, NLRB

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Pennsylvania Lawmaker Introduces Bill to Provide for a Community Solar Program

On March 13, Pennsylvania House Bill 330 (HB 330) was proposed by Representative Perry Stambaugh. Titled “An Act providing for local solar program, for renewable energy credits and for powers and duties of the Pennsylvania…more

Energy Projects, Energy Sector, Pennsylvania, Proposed Legislation, Solar Energy

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New Amendment to West Virginia Consumer Credit and Protection Act Provides More Clarity for Creditors

On March 18, 2021, the West Virginia legislature passed Senate Bill 5 – an Amendment to the West Virginia Consumer Credit and Protection Act (WVCCPA). The Amendment provides more clarity about several aspects of litigation under…more

Business Litigation, Consumer Credit Protection Act (CCPA), Governor Justice, Legislative Agendas, Proposed Amendments

See all updates »

Computer-Security Incident Rule Creates New Notification Requirements for Banking Organizations and Bank Service Providers

On November 18, 2021, the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (FRB), and the Office of the Comptroller of the Currency (OCC) issued a joint final rule (the…more

Banking Sector, Compliance, Cyber Attacks, Cybersecurity, Data Breach

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West Virginia Class Action Update

A spate of recent decisions from the Supreme Court of Appeals of West Virginia illustrates that while putative class action plaintiffs must strictly comply with the requirements for class certification and courts’ certification…more

Appeals, Certifications, Class Action, Class Certification, Putative Class Actions

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 »

Ohio Supreme Court Further Clarifies ‘Reasonable Diligence’ Standard under the Ohio Dormant Mineral Act

On March 24, 2022, the Supreme Court of Ohio issued its decision in Fonzi v. Brown and Fonzi v. Miller, Slip Opinion No. 2022-Ohio-901, discussing the level of due diligence required of a surface owner to provide notice to a…more

Appeals, Burden of Proof, Due Diligence, Energy Sector, Mineral Rights

See all updates »

NLRB Holds That an Employer Cannot Prohibit Political Slogans on Company Uniform

The National Labor Relations Board (NLRB or the Board) has ruled that a Home Depot employee engaged in protected concerted activity by wearing a Black Lives Matter (BLM) slogan on a company uniform. The Board found that…more

Employee Rights, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule to implement the Pregnant Workers Fairness Act (PWFA), which was passed on June 27, 2023. The PWFA requires public and private…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Labor Reform

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

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Supreme Court of Appeals of West Virginia Modifies "Stranger to the Deed" Rule

On Friday, June 4, the Supreme Court of Appeals of West Virginia modified the “stranger to the deed” rule by holding in Klein v. McCulough, No. 19-0888, 2021 WL 2284071 (W. Va. Jun. 4, 2021) that the “stranger to the deed” rule…more

Appeals, Buyers, Deeds, Property Owners, Right of First Refusal

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Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Department of Education

See all updates »

2022 Uniform Commercial Code Amendments Address Emerging Digital Technologies

The market for digital assets, such as cryptocurrency and nonfungible tokens (NFTs), all of which are considered intangible personal property, continues to evolve and, as a result, digital assets are increasingly sold or…more

Cryptocurrency, Digital Assets, Non-Fungible Tokens (NFTs), State and Local Government, State Legislatures

See all updates »

Real Estate Investors Beware - Corporate Transparency Act to Require Disclosure of Beneficial Ownership

In Congress’s effort to combat the financing of terrorism, money laundering, and other illicit activity, the recently passed Corporation Transparency Act (the “CTA”) will require business entities to report their beneficial…more

Business Entities, Corporate Transparency Act, Disclosure, FinCEN, Investors

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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

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Ohio Supreme Court Finds Portion of 2005 Ohio Tort Reform Legislation Unconstitutional as Applied to Permanent and Severe Psychological Injuries

Almost 20 years ago, in 2005, the Ohio General Assembly passed tort reform legislation. Unlike previous attempts at tort reform in Ohio, this one survived constitutional challenge. Among other things, the legislation capped…more

Constitutional Challenges, Damages, General Assembly, Legislative Agendas, New Legislation

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DOJ Continues to Target Health Care Companies - False Claims Act Settlements and Judgments in Fiscal Year 2021

The Department of Justice recently reported that in fiscal year 2021, it received more than $5.6 billion in settlements and judgments. Of that total, over $5 billion relates to matters that involved the health care industry…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

CMS Proposes Amendment to Overpayment Rule

The Centers for Medicare and Medicaid Services (CMS) has proposed a new amendment that could significantly modify the standard governing identification of overpayments by providers…more

Centers for Medicare & Medicaid Services (CMS), Failure to Report, False Claims Act (FCA), Health Care Providers, Overpayment

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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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West Virginia Governor Announces First Appointees to New Intermediate Court of Appeals

West Virginia Governor Jim Justice appointed Thomas E. Scarr of Huntington, Daniel W. Greear of Charleston, and Donald A. Nickerson, Jr. of Wheeling to staggered terms on the newly-created West Virginia Intermediate Court of…more

Administrative Appointments, Appeals, Appellate Courts, Business Litigation, Governor Justice

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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

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Health Care Providers

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The Supreme Court of the United States Clarifies Title VII’s ‘Undue Hardship’ Standard for Religious Accommodations

On June 29, 2023, in a unanimous decision in Groff v. DeJoy, Postmaster General, the Supreme Court of the United States clarified Title VII’s “undue hardship” standard for employers denying religious accommodations. The Court…more

Americans with Disabilities Act (ADA), Civil Rights Act, De Minimus Doctrine, Disability Discrimination, Employer Liability Issues

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DOE Releases the Notice of Intent to Fund Hydrogen Hubs Under the Infrastructure Investment and Jobs Act

On June 6, 2022, the Department of Energy (DOE) announced its Notice of Intent (NOI) to fund at least four clean hydrogen hubs across the United States. By way of background, the interest in hydrogen production skyrocketed…more

Critical Infrastructure Sectors, Deadlines, Department of Energy (DOE), Energy Projects, Funding Opportunities

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OSHA Final Rule Permits a Non-Employee to Attend an OSHA Inspection

The highly anticipated “walkaround” rule on clarifying rights to employee representation in Occupational Safety and Health Administration (OSHA) inspections has now been issued. It was published on Friday, March 29, and will be…more

Employer Liability Issues, Final Rules, Health and Safety, Non-Employees, OSHA

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District Court Dismisses Challenge to West Virginia Unitization Act

On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners…more

Appeals, Constitutional Challenges, Energy Sector, Mineral Leases, Mineral Rights

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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

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New Supreme Court Ruling Paves Way for State Funds in Religious Schools

The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an…more

Carson v Makin, Constitutional Challenges, Educational Institutions, Espinoza v Montana Department of Revenue, Establishment Clause

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National Labor Relations Board Allows Recovery of Consequential Damages for Unfair Labor Practices

For many years, employers that have been found in violation of the National Labor Relations Act (NLRA) had to pay traditional make-whole remedies to their employees, which mostly included back pay and reinstatement. However, due…more

Back Pay, Damages, Employer Liability Issues, NLRA, NLRB

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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

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Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests

As of January 15, 2022, fully-insured and self-insured group health plans are required to reimburse participants for the cost of purchasing over-the-counter (“OTC”) COVID-19 tests, even if such tests are purchased without the…more

Coronavirus/COVID-19, Employer Group Health Plans, Families First Coronavirus Response Act (FFCRA), Food and Drug Administration (FDA), Health Care Providers

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West Virginia Counties and Municipalities Await Cash Influx. What Happens Next?

On March 11, President Biden signed into law the American Rescue Plan of 2021 ("Rescue Plan"), a $1.9 trillion COVID-19 relief package with the goal of providing financial relief to Americans and incentives to stimulate the…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Federal Funding, Financial Aid

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Pennsylvania Appellate Court Invalidates Online Arbitration Clause in Hyperlinked 'Terms and Conditions'

The Pennsylvania Superior Court recently invalidated Uber’s use of a mandatory arbitration clause in an online registration page for customers, ruling that the arbitration clause was unenforceable because it did not clearly…more

Arbitration, Consumer Contracts, Mandatory Arbitration Clauses, Motion to Compel, Online Contracts

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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

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PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

Navigating the West Virginia Safer Workplace Act: What To Do When an Employee Reports to Work Under the Influence

The holiday season and corresponding celebratory shenanigans will soon be upon us. This means that many employers may be facing the question, “What do we do when someone brings their party to work?” This article aims to cover in…more

Best Management Practices, Employee Misconduct, Employer Liability Issues, Employment Policies, Holiday Parties

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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

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Supreme Court Rules in Favor of Physicians in Overprescribing Cases

The U.S. Supreme Court unanimously agreed that in prosecuting cases against physicians under the Controlled Substances Act (CSA), if the alleged physician demonstrates that his or her conduct is authorized per the CSA, the…more

Controlled Substances, Controlled Substances Act, Criminal Liability, Criminal Prosecution, Healthcare

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Follow-up: The COVID Crystal Ball—Predicting the Future for Employers Five Questions Answered

On February 2, 2022, Steptoe & Johnson PLLC attorneys Bill Wahoff, Jeff Tour, and Ashley Faulkner held an interactive webcast and provided employers an opportunity to ask questions related to paying for testing, creating…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates

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WARN Act COVID-19 Lawsuits on the Rise

Recently, the attorneys responsible for filing a much-publicized Florida class action against Enterprise Rental Car alleging violations of the Worker Adjustment and Retraining Notification Act (“WARN”) struck again; this time…more

Appeals, Coronavirus/COVID-19, Employees, Employer Liability Issues, Employment Litigation

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Significant Changes for Ohio Limited Liability Companies Under New Ohio Law

Limited liability companies (LLCs) in Ohio are facing significant changes with a new law, the Ohio Revised Limited Liability Company Act (the Act). The Act becomes effective soon on February 11, 2022. By replacing existing Ohio…more

Limited Liability Company (LLC), New Legislation

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SCOTUS Redefines the Bounds of the Clean Water Act with Its Decision in Sackett v. United States

In a decision that has been anticipated for months, the U.S. Supreme Court issued its opinion in Sackett v. United States, essentially rewriting jurisprudence established previously in Rapanos v. United States, 547 U.S. 715…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Rapanos v US, Sackett

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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

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Supreme Court of Appeals of West Virginia Rules on ‘Duty to Defend’ in Contractual Indemnification Provisions

On June 12, 2023, the Supreme Court of Appeals of West Virginia held in WW Consultants, Inc. v. Pocahontas County Public Service District and A-3 USA, Inc., Orders Construction Company, Inc., and Pipe Plus, Inc., No. 21-0485,…more

Ambiguous, Appeals, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

Conviction of Harvard Researcher for Chinese Ties Serves as Caution to Universities

Charles Lieber, former chair of the chemistry and chemical biology department at Harvard University, was convicted on December 21st by a jury on two counts of making false statements to federal authorities, two counts of making…more

China, Criminal Convictions, Criminal Prosecution, Duty to Disclose, Failure-to-File

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OSHA Increases Maximum Penalties and Announces Significant New Enforcement Policies

The Occupational Safety and Health Administration (OSHA) increased the maximum penalty amount for serious and other-than-serious violations to $15,625 per violation effective January 15, 2023. Only eleven days later, OSHA…more

Employer Liability Issues, Enforcement Actions, OSHA, Penalties, Safety Violations

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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

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Corporate Transparency Act Update: Final Beneficial Owner Reporting Rule

On December 1, 2021, we issued a client alert summarizing the Corporate Transparency Act (CTA), a federal law passed to fight “shell company” money laundering, tax fraud, and other financial crimes. The CTA provides for rules to…more

Anti-Money Laundering, Banking Sector, Beneficial Owner, Corporate Transparency Act, Final Rules

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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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OSHA Issues Updated COVID-19 Guidance to Match CDC’s July 27th Protocol on Masks Indoors in Public Places even for Fully Vaccinated Employees in Substantial or High Transmission Areas

On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks indoors…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, General Duty Clause, Guidance Update, Infectious Diseases

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West Virginia Legislative Brief - April 2021

Welcome to the 2021 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. Today marks the 52nd day of the 60-day…more

Governor Justice, Income Taxes, Legislative Agendas, Lobbying, Proposed Legislation

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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