Vedder Price

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222 North LaSalle Street
Chicago, Illinois 60601, United States
Phone: (312) 609 7500
Fax: (312) 609 5005
Areas Of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Criminal Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • New York
  • Texas
Other Countries
  • Singapore
  • United Kingdom
Number of Attorneys
100+ Attorneys

IRS Targets High-Income Non-Filers

High-income non-filers are being contacted by the Internal Revenue Service (“IRS”) about their tax noncompliance. The IRS announced on February 29, 2024 a new enforcement campaign focused on taxpayers at the high-end of the…more

Income Taxes, IRS, Tax Liability, Tax Planning, Tax Returns

See all updates »

New Illinois Legislation to Make Using Temporary Labor Costlier and More Complicated

On Friday, June 16, 2023, the Illinois House sent H.B. 2862 to Governor J. B. Pritzker for signature. Significantly, this bill (which is introduced as an amendment to the  Acupuncture Practice Act) effectuates material changes…more

Employer Liability Issues, Staffing Agencies, State Labor Laws, Temporary Employees

See all updates »

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

See all updates »

Global Transportation Finance Newsletter December 2023

GIFT City: A Gift for Aircraft Lessors? Gujarat International Finance Tec-City (GIFT City) was established in 2007 as India’s first operational smart city and an emerging global financial and IT services hub located in…more

Aircraft, Aircraft Financing, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

See all updates »

Regulation Best Interest Update OCIE Risk Alert on Initial Examinations

On April 7, 2020, the Securities and Exchange Commission’s (the “SEC” or the “Staff”) Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert1 to provide broker-dealers and their associated persons…more

Broker-Dealer, Compliance, Conflicts of Interest, Coronavirus/COVID-19, Disclosure

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Illinois General Assembly Passes Bill to Require Annual Reporting of Board Diversity Information - Bill intended to provide data to support future policy changes to address underrepresentation of women and minorities on public company boards.

On Saturday, June 1, 2019, The Illinois General Assembly passed a bill (the “Diversity Disclosure Bill”) requiring most publicly held companies organized or headquartered in Illinois to include detailed demographic diversity…more

Board of Directors, Corporate Governance, Diversity, Gender Equity, Investment Funds

See all updates »

Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

See all updates »

COVID-19: M&A, Commercial Finance and General Contract Considerations

In the rapidly developing climate created by Coronavirus (COVID-19), there is evolving uncertainty on how the pandemic would be interpreted under M&A, finance and commercial agreements, and parties’ abilities to enforce or…more

Coronavirus/COVID-19, Force Majeure Clause, Material Adverse Change Clauses (MACs), Material Adverse Effects, Merger Agreements

See all updates »

The COVID-19 10-Point Aircraft Lessor Checklist

At this time, the full effects and repercussions of the COVID-19 outbreak are uncertain. However, one thing that is certain is that leasing companies are receiving, and will continue to receive, requests from lessees across the…more

Aircraft Financing, Coronavirus/COVID-19, Financial Leasing Agreements

See all updates »

CARES Act Payroll Tax Credits, Unemployment Benefits Enhancements, and Lending Programs Impact Compensation, Furlough, and Layoff Strategies

The Coronavirus Aid, Relief, and Economic Security Act, commonly known as the CARES Act (the “Act”), enacted March 27, 2020, contains several interrelated elements that employers should consider when making decisions about…more

CARES Act, Furloughs, Layoffs, Lending Programs, Paycheck Protection Program (PPP)

See all updates »

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

Business Considerations: CARES Act Corporate Governance, Compensation and Employee-Related Obligations

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act or CARES Act (the “Act”). Subtitle A of Title IV of the Act, the “Coronavirus Economic Stabilization Act of 2020, creates a…more

Aviation Industry, Business Closures, Business Interruption, Business Losses, Business Taxes

See all updates »

NLRB’s New Joint Employer Test Significantly Expands Circumstances Under Which Separate Entities Will Be Deemed Joint Employers

On October 26, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its long-awaited final rule establishing a new standard for determining when two employers are joint employers under the National Labor Relations…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, NLRB

See all updates »

Global Transportation Finance Newsletter - December 2019

Apollo Settles Alleged Sanctions Violations: Aircraft Lessors Pay Attention - The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury has broad delegated authority to administer and enforce the…more

Aircraft Sales, Aviation Industry, Civil Monetary Penalty, Compliance, Economic Sanctions

See all updates »

Supreme Court Rules That "Generic.com" Trademarks Are Eligible for Federal Registration

In its recent decision in USPTO v. Booking.com, the U.S. Supreme Court declined to adopt a sweeping rule that would automatically render “generic.com” marks unregistrable. This opens the door for future applicants to apply for…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

See all updates »

Brexit and IP: 4 Things You Should Know

I. What is Brexit? Brexit (short for “British exit”) is the United Kingdom’s (the “UK”—England, Scotland, Wales and Northern Ireland) decision to leave the European Union (the “EU”—28 countries, including the UK). The UK joined…more

Copyright, Design Registration, EU, European Economic Area (EEA), Intellectual Property Protection

See all updates »

Buyer Beware: Court Upholds Punitive Damages Waiver in Case Alleging Fraud for "New" Aircraft Sale

In a recent decision, the Texas Supreme Court upheld a contractual waiver of punitive damages despite a finding of fraud by the seller in the sale of a supposedly new aircraft that instead contained used and repaired engines…more

Aircraft, Aircraft Sales, Breach of Contract, Contract Disputes, Contract Terms

See all updates »

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

Delaware Supreme Court Upholds Federal Forum Provisions in Corporate Charters for Section 11 Claims as “Intra-Corporate Affairs”

Last week, in a unanimous reversal of the state’s Chancery Court, the Delaware Supreme Court upheld the validity of federal-forum provisions found in the charters of three Delaware-incorporated companies (Blue Apron Inc., Roku,…more

Forum, Securities Act of 1933, Shareholders

See all updates »

Breach Response: Is 72 hours the new 30 days?

For years, we were able to tell most clients experiencing a potential data security incident that they likely had at least 30 days to notify any third parties about the incident – if they concluded it was a breach. There were,…more

Critical Infrastructure Sectors, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach

See all updates »

New Law Requires Greater Chicago Metropolitan Area Employers to Provide Pre-Tax Transit Benefits

Starting January 1, 2024, a new Illinois law will require employers in the greater Chicago metropolitan area with 50 or more covered employees within one mile of a fixed-route public transit service to provide their full-time…more

Covered Employees, Covered Employer, Employer Liability Issues, Public Transit, Public Transportation

See all updates »

SEC Releases Enforcement Highlights for Fiscal Year 2023

On November 14, 2023, the Securities and Exchange Commission (the “SEC” or the “Commission”) announced its enforcement results for fiscal year (“FY”) 2023, which ended on September 30, 2023. The SEC’s FY 2023 results continued…more

Enforcement Actions, Environmental Social & Governance (ESG), Foreign Corrupt Practices Act (FCPA), Retail Investors, Securities and Exchange Commission (SEC)

See all updates »

Latest Round of Russia Sanctions Targets Foreign Financial Institutions Supporting Russia's Military-Industrial Base

On December 22, 2023, President Biden issued Executive Order (E.O.) 14114 further addressing the Russian Federation’s (Russia) continued use of its military-industrial base to support its aggression against Ukraine and to…more

Biden Administration, Economic Sanctions, Executive Orders, Financial Transactions, Foreign Financial Institutions (FFI)

See all updates »

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

Guaranty Enforcement in a Time of Rent Deferrals and Other Economic Accommodations

Due to the ongoing COVID-19 pandemic, lessees and lessors across many industries are attempting to ease economic tensions by agreeing to certain accommodations in respect of lessees’ obligations. In the aviation industry, this…more

Aircraft Financing, Aircraft Sales, Aviation Industry, Coronavirus/COVID-19, Economic Sanctions

See all updates »

DOL Proposes Rule That Will Raise the Minimum Salary Threshold for Overtime Eligibility under the FLSA

On August 30, 2023, the U.S. Department of Labor (“DOL”) issued a new proposed rule pursuant to which certain workers who are otherwise exempt will be eligible for overtime pay if they do not receive an annual salary or total…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary

See all updates »

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

Presidential Proclamation Suspending Entry For Nonimmigrants Seeking To Enter U.S. On H-1B, H-2B, J And L Visas

On June 22, 2020, the President issued an extension and expansion of a previously issued Proclamation that suspends the entry of certain foreign nationals into the United States. The previous Proclamation suspended the issuance…more

F-1 Visa, Foreign Nationals, Foreign Workers, H-1B, H-2B

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Navigating the New OSHA Walkaround Rule

The U.S. Department of Labor’s announcement of the final rule concerning Occupational Safety and Health Administration (“OSHA”) inspections has employers ringing alarm bells. Set to take effect on May 31, 2024, the rule amends…more

Employer Liability Issues, OSHA, Safety Inspections, Workplace Hazards, Workplace Safety

See all updates »

Business Considerations: CARES Act Corporate Governance, Compensation and Employee-Related Obligations

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act or CARES Act (the “Act”). Subtitle A of Title IV of the Act, the “Coronavirus Economic Stabilization Act of 2020, creates a…more

Aviation Industry, Business Closures, Business Interruption, Business Losses, Business Taxes

See all updates »

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

See all updates »

Guaranty Enforcement in a Time of Rent Deferrals and Other Economic Accommodations

Due to the ongoing COVID-19 pandemic, lessees and lessors across many industries are attempting to ease economic tensions by agreeing to certain accommodations in respect of lessees’ obligations. In the aviation industry, this…more

Aircraft Financing, Aircraft Sales, Aviation Industry, Coronavirus/COVID-19, Economic Sanctions

See all updates »

Federal Regulators Issue Updated Guidance on Liquidity Risks and Contingency Planning

On July 28, 2023, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the National Credit Union Administration (the “NCUA”) and the Office of the Comptroller…more

Banking Sector, Banks, Contingency Plans, Federal Reserve

See all updates »

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

See all updates »

Highlights from 2019 ALI-CLE Accountants’ Liability Program

Junaid A. Zubairi, Chair of Vedder Price’s Government Enforcement and Special Investigations group, served as co-chair of the 2019 ALI-CLE Accountants’ Liability program on October 17 and 18, 2019 in Washington, DC. The program…more

Audits, Chief Compliance Officers, Enforcement Actions, Enforcement Statistics, FASB

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Update: OCC Issues Notice of Proposed Rulemaking on Business Combinations

The Office of the Comptroller of the Currency (“OCC”) recently sought comment on a proposed rule designed to increase the transparency of the standards applicable to the OCC’s review of business combinations (i.e., bank mergers,…more

Bank Merger Act, Banking Sector, Banks, Financial Institutions, Mergers

See all updates »

Second Circuit Affirms Lower Court Decision Regarding Closed-End Fund Control Share Bylaw Provision

The U.S. Court of Appeals for the Second Circuit upheld a ruling of the U.S. District Court for the Southern District of New York that invalidates control share bylaw provisions adopted by certain closed-end funds organized as…more

Bylaws, Corporate Governance, Securities and Exchange Commission (SEC), Shareholders

See all updates »

D.C. District Court Overturns SEC Proxy Advisor Rule, Holding Proxy Voting Advice Is Not Solicitation

On February 23, 2024, the U.S. District Court for the District of Columbia, in a case dating back to 2019, vacated certain SEC rule amendments regarding proxy advisory firms, holding that “the SEC acted contrary to law and in…more

Proxy Advisors, Proxy Advisory Firms, Proxy Voting, Securities and Exchange Commission (SEC)

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Key Changes Impacting UK Employment Law From April 2024

Several key changes to UK employment rights will come into effect in April 2024. By way of brief summary, the key changes for employers to be aware of, and those that will require immediate attention to ensure legally compliant…more

Employer Liability Issues, International Labor Laws, Minimum Wage, UK, Wage and Hour

See all updates »

EU General Data Protection Regulation: A Summary for Non-EU Businesses

The EU’s General Data Protection Regulation (679/2016/EU), the GDPR, comes into force across the EU on 25 May 2018. As it is being made by regulation the GDPR, unlike the existing Data Protection Directive (implemented into the…more

Consent, Data Breach, Data Processors, Data Protection Officers (DPOs), Enforcement Actions

See all updates »

Tax Reform’s Impact on Transportation Finance Transactions

New tax legislation was signed into law on December 22, 2017 (the Act). The Act lowers the corporate rate from a top graduated rate of 35 percent to a flat rate of 21 percent. Under the Act individuals and certain non-corporate…more

Alternative Minimum Tax, Bonus Depreciation, Business Income, Business Taxes, Corporate Taxes

See all updates »

Recent Guidance Regarding Employee Benefit Plans

There has been a recent flurry of regulatory guidance issued affecting employee benefit plans. Most of the guidance addresses challenges specifically created by the COVID-19 pandemic, while other guidance is applicable…more

Cafeteria Plans, COBRA, Deadlines, Department of Labor (DOL), Employee Benefits

See all updates »

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Global Transportation Finance Newsletter December 2023

GIFT City: A Gift for Aircraft Lessors? Gujarat International Finance Tec-City (GIFT City) was established in 2007 as India’s first operational smart city and an emerging global financial and IT services hub located in…more

Aircraft, Aircraft Financing, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

See all updates »

COVID-19 and MAC in Financing Agreements

The MAC provision - A material adverse change (“MAC”) provision (depending on where or how it is used) typically references a material adverse change in the business, assets, properties, liabilities, operations, condition or…more

Affirmative Defenses, Borrowers, Burden of Proof, Contract Terms, Coronavirus/COVID-19

See all updates »

LIBOR Benchmark Replacement – “it’s time to get off the SOFR” – an overview of the impact of LIBOR transition on aircraft financing and leasing transactions

It’s time to face up to the fact that financial market participants will soon no longer be able to rely on LIBOR. No one can claim that this comes as a surprise. In 2014, in response to concerns about the reliability and…more

Aircraft, Aircraft Sales, Alternative Reference Rates Committee (ARRC), Benchmarks, Best Practices

See all updates »

SEC Proposes Amendments to the Internet Adviser Exemption

On July 26, 2023, the SEC issued proposed rules under the Investment Advisers Act of 1940 to narrow the types of smaller investment advisers that can register with the SEC in reliance on the Internet adviser exemption…more

Comment Period, Investment Adviser, Investment Advisers Act of 1940, Proposed Amendments, Securities and Exchange Commission (SEC)

See all updates »

Unionization Upon Demand:NLRB Announces Most Significant Change to Labor Law in 50 Years

Today, in perhaps the most significant change in federal labor law in more than 50 years, the National Labor Relations Board (“NLRB” or “Board”) announced a new framework that determines when employers are required to recognize…more

Employer Liability Issues, Federal Labor Laws, NLRB, Unions

See all updates »

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

See all updates »

Global Transportation Finance Newsletter - June 2020

Can Airlines Seek Relief under EETC Financing? Due to the ongoing COVID-19 pandemic and the resulting economic malaise, lenders and investors are seeing a flood of requests from borrowers and issuers for relief on debt…more

Aircraft Financing, Aircraft Sales, Aviation Industry, Coronavirus/COVID-19, Economic Sanctions

See all updates »

SEC Proposes Significant Form and Rule Amendments for the Registration of Index-Linked Annuities

On September 29, 2023, the SEC proposed significant form and rule amendments to establish a tailored registration form for index-linked annuities, as directed by Congress under the Registered Index-Linked Annuities Act of 2022…more

Annuities, Proposed Amendments, Securities Act of 1933, Securities and Exchange Commission (SEC)

See all updates »

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the Reauthorization…more

Aircraft Financing, Aircraft Sales, Federal Aviation Administration (FAA), Investors, Lenders

See all updates »

The Supreme Court Seemingly Lowers the Bar for Finding an Adverse Action under Title VII

On April 17, 2024, the Supreme Court announced its unanimous decision in Muldrow v. City of St. Louis, Missouri, No. 22-193. In Muldrow, the Court held that while an employee challenging a job transfer under Title VII of the…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

See all updates »

New Law Requires Greater Chicago Metropolitan Area Employers to Provide Pre-Tax Transit Benefits

Starting January 1, 2024, a new Illinois law will require employers in the greater Chicago metropolitan area with 50 or more covered employees within one mile of a fixed-route public transit service to provide their full-time…more

Covered Employees, Covered Employer, Employer Liability Issues, Public Transit, Public Transportation

See all updates »

Second Circuit Affirms Lower Court Decision Regarding Closed-End Fund Control Share Bylaw Provision

The U.S. Court of Appeals for the Second Circuit upheld a ruling of the U.S. District Court for the Southern District of New York that invalidates control share bylaw provisions adopted by certain closed-end funds organized as…more

Bylaws, Corporate Governance, Securities and Exchange Commission (SEC), Shareholders

See all updates »

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

See all updates »

USEPA’s Temporary Policy Suspending Enforcement Terminates August 31, 2020

On June 29, 2020, USEPA issued a memorandum on a termination addendum to the COVID-19 temporary enforcement policy. USEPA has selected August 31, 2020, as the termination date for the temporary enforcement policy, as it…more

Coronavirus/COVID-19, Enforcement, Environmental Protection Agency (EPA), New Guidance, State and Local Government

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Latest Round of Russia Sanctions Targets Foreign Financial Institutions Supporting Russia's Military-Industrial Base

On December 22, 2023, President Biden issued Executive Order (E.O.) 14114 further addressing the Russian Federation’s (Russia) continued use of its military-industrial base to support its aggression against Ukraine and to…more

Biden Administration, Economic Sanctions, Executive Orders, Financial Transactions, Foreign Financial Institutions (FFI)

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

Maritime Cases to Watch: American Cruise Lines v. United States, No. 22 1029 (2d Cir. Mar. 6, 2022)

In February 2022, the 386-passenger U.S.-documented river cruise vessel VIKING MISSISSIPPI, which was built to transport passengers to and from shoreside expeditions up and down the Mississippi River, floated out at LaShip…more

Cruise Ships, MARAD, Maritime Transport, Vessels

See all updates »

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

The “DISH” on Unilateral Revocation: Another U.S. District Court Holds No Unilateral Revocation of Consent under the TCPA

On August 9, 2018, the United States District Court for the Northern District of Alabama agreed with the Second Circuit Court of Appeals decision in Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d (2d Cir. 2017), which held that…more

Appeals, ATDS, Auto-Dialed Calls, Debt Collectors, Dish Network

See all updates »

Cybersecurity Sheriffs Continue to Multiply and Crack Down – New SEC Rule Amps Up Public Company Pressure

Last week, a sharply divided U.S. Securities and Exchange Commission (“SEC”) significantly increased reporting requirements on public companies by adopting a Cybersecurity Risk Management, Strategy, Governance, and Incident…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules, Form 8-K

See all updates »

IRS Targets High-Income Non-Filers

High-income non-filers are being contacted by the Internal Revenue Service (“IRS”) about their tax noncompliance. The IRS announced on February 29, 2024 a new enforcement campaign focused on taxpayers at the high-end of the…more

Income Taxes, IRS, Tax Liability, Tax Planning, Tax Returns

See all updates »

The Federal Reserve Provides Liquidity to Banks Participating in the Paycheck Protection Program

On April 9, 2020, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) issued guidance for banks that wish to participate in the Federal Reserve’s Paycheck Protection Program Lending Facility (the “PPPL…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Interim Rule, Paycheck Protection Program (PPP)

See all updates »

Federal Regulators Issue Updated Guidance on Liquidity Risks and Contingency Planning

On July 28, 2023, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the National Credit Union Administration (the “NCUA”) and the Office of the Comptroller…more

Banking Sector, Banks, Contingency Plans, Federal Reserve

See all updates »

Latest Round of Russia Sanctions Targets Foreign Financial Institutions Supporting Russia's Military-Industrial Base

On December 22, 2023, President Biden issued Executive Order (E.O.) 14114 further addressing the Russian Federation’s (Russia) continued use of its military-industrial base to support its aggression against Ukraine and to…more

Biden Administration, Economic Sanctions, Executive Orders, Financial Transactions, Foreign Financial Institutions (FFI)

See all updates »

Seventh Circuit Clarifies that Employers May Be Obligated to Offer an Accommodation Relevant to an Employee’s Work Commute

In EEOC v. Charter Communications, LLC, 75 F. 4th 729 (7th Cir. 2023), an employee requested to work an earlier shift because he could not safely drive from work at night due to a vision impairment. Of note, the employee did…more

Corporate Counsel, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation

See all updates »

LIBOR Benchmark Replacement – “it’s time to get off the SOFR” – an overview of the impact of LIBOR transition on aircraft financing and leasing transactions

It’s time to face up to the fact that financial market participants will soon no longer be able to rely on LIBOR. No one can claim that this comes as a surprise. In 2014, in response to concerns about the reliability and…more

Aircraft, Aircraft Sales, Alternative Reference Rates Committee (ARRC), Benchmarks, Best Practices

See all updates »

Global Transportation Finance Newsletter - June 2017

So, what is LIBOR? LIBOR—the London Interbank Offered Rate—is one of the most ubiquitous benchmarks for determining short-term interest rates in bank (and other) lending. LIBOR rates are short-term fixed rates quoted for…more

Banking Sector, Benchmarks, Chapter 11, Commercial Bankruptcy, Contract Terms

See all updates »

Breach Response: Is 72 hours the new 30 days?

For years, we were able to tell most clients experiencing a potential data security incident that they likely had at least 30 days to notify any third parties about the incident – if they concluded it was a breach. There were,…more

Critical Infrastructure Sectors, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

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Earnouts Back on the Rise in M&A Transactions: What Purchasers, Sellers and Lenders Need to Know

The pace of earnouts accelerates in M&A transactions whenever market conditions create a value gap between seller price expectations and buyer confidence levels. Earnouts are most common when the volume of merger and…more

Acquisitions, Buyers, Earn-Outs, Lenders, Mergers

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ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme

Airlines and airline associations have broadly welcomed ICAO’s new carbon offsetting scheme, scheduled to commence on January 1, 2019. However, the scheme’s Standards and Recommended Practices (the SARPs) impose an immediate…more

Aircraft Financing, Airlines, Carbon Emissions, Carbon Offset and Reduction Scheme for International Aviation (CORSIA), EU

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The Deadlines for MoCRA are Rapidly Approaching: Are Cosmetic Manufacturers, Packers and Distributors Ready?

The Modernization of Cosmetic Regulations Act of 2022 (MoCRA) is part of the Food and Drug Omnibus Reform Act of 2022 (FDORA) that President Biden signed into law late last year. MoCRA greatly expands the FDA’s oversight…more

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

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Key Tax Provisions Affecting Businesses Contained in the CARES Act

The economic aid and recovery bill that has been the subject of heated debate within Congress and much coverage in the news media was signed into law by President Trump on March 27, 2020. The new law, known as the “Coronavirus…more

Alternative Minimum Tax, Business Losses, CARES Act, Charitable Donations, Coronavirus/COVID-19

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Seventh Circuit Follows Illinois Supreme Court Precedent And Finds BIPA Claims Timely

In a ruling that maintains the status quo created by the Illinois Supreme Court’s holding in Cothron v. White Castle System, Inc., 2023 IL 128004, the Seventh Circuit recently affirmed the trial court’s ruling that certain of…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints

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The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

IRS Says Forgiven PPP Loans Result in Loss of Deductions; Congress May Change That Result

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was signed into law by President Trump on March 27, 2020. One of the key economic aid provisions for businesses contained in the Act was the Paycheck…more

CARES Act, Internal Revenue Code (IRC), IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

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Can Airlines Seek Relief under EETC Financing?

Due to the ongoing COVID-19 pandemic and the resulting economic malaise, lenders and investors are seeing a flood of requests from borrowers and issuers for relief on debt service payments. For private financings where there is…more

Aircraft Financing, Aircraft Sales, Aviation Industry, Bankruptcy Code, Coronavirus/COVID-19

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Managers of Plan Asset Funds: Important December 1, 2023 Deadline for DOL's Proxy Voting Rule

Background of Proxy Voting Requirements - On December 1, 2022, the U.S. Department of Labor (“DOL”) released its final rule regarding investment duties of fiduciaries under ERISA (referred to as the “ESG Rule”). The ESG Rule…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan

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SEC Adopts Amendments to Fund Names Rule, Broadening the Scope of Funds that Must Comply

On September 20, 2023, the SEC adopted amendments to the investment company names rule, Rule 35d-1 under the Investment Company Act of 1940. According to SEC estimates, the amendments will bring approximately 2,200 funds that…more

Amended Rules, Disclosure Requirements, Investment Company Act of 1940, Securities and Exchange Commission (SEC)

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100 Days Until GDPR … Are You Ready?

What Is GDPR?- The EU General Data Protection Regulation (GDPR),—described as “the most important change in data privacy regulation in 20 years”—becomes enforceable by law on May 25, 2018. After four years of preparation and…more

Crisis Management, Cyber Insurance, Data Breach, Data Protection, Data Security

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The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Update: OCC Issues Notice of Proposed Rulemaking on Business Combinations

The Office of the Comptroller of the Currency (“OCC”) recently sought comment on a proposed rule designed to increase the transparency of the standards applicable to the OCC’s review of business combinations (i.e., bank mergers,…more

Bank Merger Act, Banking Sector, Banks, Financial Institutions, Mergers

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HHS Final Rule Imposes New Civil Money Penalties for Information Blocking

On June 27, 2023, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), posted a final rule on its website that amends the civil money penalty (CMP) regulations under the Information Blocking…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Final Rules, Health Care Providers

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Global Transportation Finance Newsletter December 2023

GIFT City: A Gift for Aircraft Lessors? Gujarat International Finance Tec-City (GIFT City) was established in 2007 as India’s first operational smart city and an emerging global financial and IT services hub located in…more

Aircraft, Aircraft Financing, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

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NLRB to Start Scrutinizing Employer Policies More Closely

On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) rejected an employer-friendly standard in favor of a modified and significantly less employer-friendly standard when evaluating whether a workplace…more

Employer Liability Issues, Employment Policies, NLRA, NLRB

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Update: OCC Issues Notice of Proposed Rulemaking on Business Combinations

The Office of the Comptroller of the Currency (“OCC”) recently sought comment on a proposed rule designed to increase the transparency of the standards applicable to the OCC’s review of business combinations (i.e., bank mergers,…more

Bank Merger Act, Banking Sector, Banks, Financial Institutions, Mergers

See all updates »

SEC Updates Investment Company Act Exemptive Order in Response to COVID-19

On March 25, 2020, the Securities and Exchange Commission (“SEC”) issued an exemptive order (the "Order") superceding its March 13, 2020 exemptive order, which provided relief from certain provisions of the Investment Company…more

Coronavirus/COVID-19, Exemptive Orders, Form N-CEN, Form N-PORT, Investment Company Act of 1940

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President Biden Issues Far-Reaching Executive Order on Artificial Intelligence

President Biden issued an Executive Order on October 30, 2023 designed to place the United States at the forefront of law and regulation of Artificial Intelligence (AI). The Executive Order on the “Safe, Secure, and Trustworthy…more

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Health and Human Services (HHS), Executive Orders

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Update: OCC Issues Notice of Proposed Rulemaking on Business Combinations

The Office of the Comptroller of the Currency (“OCC”) recently sought comment on a proposed rule designed to increase the transparency of the standards applicable to the OCC’s review of business combinations (i.e., bank mergers,…more

Bank Merger Act, Banking Sector, Banks, Financial Institutions, Mergers

See all updates »

Recent Guidance Regarding Employee Benefit Plans

There has been a recent flurry of regulatory guidance issued affecting employee benefit plans. Most of the guidance addresses challenges specifically created by the COVID-19 pandemic, while other guidance is applicable…more

Cafeteria Plans, COBRA, Deadlines, Department of Labor (DOL), Employee Benefits

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Global Transportation Finance Newsletter December 2023

GIFT City: A Gift for Aircraft Lessors? Gujarat International Finance Tec-City (GIFT City) was established in 2007 as India’s first operational smart city and an emerging global financial and IT services hub located in…more

Aircraft, Aircraft Financing, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

See all updates »

Earnouts Back on the Rise in M&A Transactions: What Purchasers, Sellers and Lenders Need to Know

The pace of earnouts accelerates in M&A transactions whenever market conditions create a value gap between seller price expectations and buyer confidence levels. Earnouts are most common when the volume of merger and…more

Acquisitions, Buyers, Earn-Outs, Lenders, Mergers

See all updates »

DOJ Declinations under FCPA Corporate Enforcement Policy

The Department of Justice’s (“DOJ”) policy regarding corporate enforcement of the Foreign Corrupt Practices Act (“FCPA”) has evolved in meaningful ways since 2016. While the policy developments themselves have been frequently…more

Corporate Counsel, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP), Foreign Corrupt Practices Act (FCPA)

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Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

See all updates »

Illinois Governor Expected to Sign Pay Transparency Bill into Law

Illinois is expected to join a number of other states, including California, Colorado and Washington, in requiring the disclosure of salary information in job postings. House Bill 3129 amends the Illinois Equal Pay Act (IEPA),…more

Employer Liability Issues, Equal Pay, Pay Transparency, State Labor Laws, Wage and Hour

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

DOL's Final Rule to Increase Salary Thresholds for Overtime Exemptions

After much anticipation, the U.S. Department of Labor (DOL) unveiled its Final Rule on April 23, 2024, increasing the salary that an employee must earn in order to qualify for the executive, administrative, professional and…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

HMRC's slice of Italian restaurant's restructuring plan is big enough, finds English court

Summary - On 5 July 2023 the English High Court handed down its judgment to In the matter of Prezzo Investco Limited and In the matter of the Companies Act 2006 [2023] EWHC 1679 (Ch), another case (hot on the heels of The…more

HMRC, Restructuring, Tax Authority, Tax Liability, UK

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CORSIA – it’s (almost) crunch time

As part of the global UN-led effort to tackle climate change, the aviation sector has agreed a basket of measures to decarbonize the industry and achieve net zero carbon emissions by 2050. One of those measures is the Carbon…more

Airlines, Aviation Industry, Carbon Emissions, Carbon Offset and Reduction Scheme for International Aviation (CORSIA), Climate Change

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SEC Staff Issues Risk Alert Regarding the Selection and Scope of Adviser Examinations

On September 6, 2023, the staff of the SEC’s Division of Examinations issued a risk alert describing the staff’s risk-based approach in selecting registered investment advisers to examine and in determining the scope of areas of…more

Investment Adviser, Registered Investment Advisors, Risk Alert, Securities and Exchange Commission (SEC)

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The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Illinois Governor Expected to Sign Pay Transparency Bill into Law

Illinois is expected to join a number of other states, including California, Colorado and Washington, in requiring the disclosure of salary information in job postings. House Bill 3129 amends the Illinois Equal Pay Act (IEPA),…more

Employer Liability Issues, Equal Pay, Pay Transparency, State Labor Laws, Wage and Hour

See all updates »

SEC Staff Risk Alert Focuses on Preparations for T+1 Settlement

On March 27, 2024, the staff of the SEC’s Division of Examinations issued a risk alert highlighting its intent to focus, during examinations and outreach on market participants’ preparations for the shortening of the standard…more

Investment Adviser, Investment Advisers Act of 1940, Recordkeeping Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

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Just Dropped: IRS Provides Relief on Roth Contributions for HCEs

In late 2022, Congress passed the SECURE Act 2.0, which, along with other items, introduced a new rule requiring that catch-up contributions made by highly compensated employees be made on a Roth after-tax basis only. Less than…more

Employee Benefits, Highly Compensated Employees, IRS, Retirement Plan, SECURE Act

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

In re Cellect: The Federal Circuit Alters Terminal Disclaimer Strategy

The Federal Circuit recently in In re Cellect, invalidated a series of patents based on obviousness-type double-patenting (ODP), finding that term-adjusted patents (PTA) in the same family are invalid under ODP in the absence of…more

Double Patent, Intellectual Property Protection, Obviousness, Obviousness-Type Double Patenting (ODP), Patents

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The GATS (Global Aircraft Trading System) Out of the Bag

With the COVID-19 pandemic changing the way we live, shop and work, as of June 1, 2020, the Global Aviation Trading System (“GATS”) aims to bring into the 21st century the way we trade and finance aircraft equipment. GATS is a…more

Aircraft, Aircraft Financing, GATS, Insurance Certificates, Lessor

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NLRB Continues to Rewrite the Rules to Limit Employers’ Authority

On Wednesday, August 30, 2023, the National Labor Board (“NLRB” or “the Board”) issued a pair of decisions—Wendt Corp., 372 NLRB No. 135, and Tecnocap LLC, 372 NLRB No. 136—that highlight the Board’s continued focus on…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, NLRA, NLRB

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Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

New York City's New AI Bias Law

As artificial intelligence (“AI”) tools like ChatGPT, Bing and Baird become more popular, legislation addressing such technology is inevitable. New York City has implemented the first law in the United States that regulates AI…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Employer Liability Issues, Hiring & Firing

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AI Versus Westlaw Copyright Bellwether Hurtles Toward Jury as Summary Judgment Largely Denied

In one of the first lawsuits to allege that generative AI companies violate the U.S. Copyright Act by using copyrighted works to train machine learning models, Judge Stephanos Bibas of the Delaware Circuit Court recently denied…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Machine Learning, The Copyright Act

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TCPA Turnstile: Scoping out the TCPA – 2023 Midyear Update (TCPA Case Update Vol. 18)

Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS requirements, the cases from this year are…more

ATDS, Auto-Dialed Calls, Class Action, Robocalling, TCPA

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DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

See all updates »

SEC Staff Risk Alert Focuses on Preparations for T+1 Settlement

On March 27, 2024, the staff of the SEC’s Division of Examinations issued a risk alert highlighting its intent to focus, during examinations and outreach on market participants’ preparations for the shortening of the standard…more

Investment Adviser, Investment Advisers Act of 1940, Recordkeeping Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

COVID-19 and MAC in Financing Agreements

The MAC provision - A material adverse change (“MAC”) provision (depending on where or how it is used) typically references a material adverse change in the business, assets, properties, liabilities, operations, condition or…more

Affirmative Defenses, Borrowers, Burden of Proof, Contract Terms, Coronavirus/COVID-19

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IRS Says Forgiven PPP Loans Result in Loss of Deductions; Congress May Change That Result

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was signed into law by President Trump on March 27, 2020. One of the key economic aid provisions for businesses contained in the Act was the Paycheck…more

CARES Act, Internal Revenue Code (IRC), IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

President Biden Issues Far-Reaching Executive Order on Artificial Intelligence

President Biden issued an Executive Order on October 30, 2023 designed to place the United States at the forefront of law and regulation of Artificial Intelligence (AI). The Executive Order on the “Safe, Secure, and Trustworthy…more

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Health and Human Services (HHS), Executive Orders

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Delivering the Goods:  The Exemption from Arbitration Focuses on the Worker, Not the Industry

On April 12, 2024, the U.S. Supreme Court, in a unanimous decision, held that transportation workers need not work in the transportation industry to be exempt from coverage under section 1 of the Federal Arbitration Act (“FAA”)…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Litigation, Federal Arbitration Act

See all updates »

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

See all updates »

SEC Staff Risk Alert Focuses on Preparations for T+1 Settlement

On March 27, 2024, the staff of the SEC’s Division of Examinations issued a risk alert highlighting its intent to focus, during examinations and outreach on market participants’ preparations for the shortening of the standard…more

Investment Adviser, Investment Advisers Act of 1940, Recordkeeping Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

NEW UPDATES: Conducting Layoffs and Furloughs Resulting From COVID-19 Business Impact

As a result of the coronavirus pandemic, many employers are being forced to make tough workforce decisions to deal with the significant economic impact and uncertainty. Below, we have compiled a list of some of the most common…more

Coronavirus/COVID-19, Employee Benefits, Furloughs, Layoffs, WARN Act

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Unionization Upon Demand:NLRB Announces Most Significant Change to Labor Law in 50 Years

Today, in perhaps the most significant change in federal labor law in more than 50 years, the National Labor Relations Board (“NLRB” or “Board”) announced a new framework that determines when employers are required to recognize…more

Employer Liability Issues, Federal Labor Laws, NLRB, Unions

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UK Government Proposes to Reintroduce Employment Tribunal Fees

Seven years after the UK Supreme Court decided that the payment of fees to bring Employment Tribunal claims was unlawful and should be abolished, the Government has published a consultation paper to reintroduce fees in the…more

Employer Liability Issues, Employment Litigation, Fees, UK, UK Employment Appeal Tribunal

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Just Dropped: IRS Provides Relief on Roth Contributions for HCEs

In late 2022, Congress passed the SECURE Act 2.0, which, along with other items, introduced a new rule requiring that catch-up contributions made by highly compensated employees be made on a Roth after-tax basis only. Less than…more

Employee Benefits, Highly Compensated Employees, IRS, Retirement Plan, SECURE Act

See all updates »

BIPA ALERT: An Opening of the Litigation Floodgates?

No Actual Harm Necessary to Assert Biometric Privacy Claims in Illinois - On January 25th, the Illinois Supreme Court held that an individual does not need to allege actual harm in order to seek liquidated damages and…more

Biometric Information, Biometric Information Privacy Act, Data Breach, Data Collection, Data Privacy

See all updates »

The GATS (Global Aircraft Trading System) Out of the Bag

With the COVID-19 pandemic changing the way we live, shop and work, as of June 1, 2020, the Global Aviation Trading System (“GATS”) aims to bring into the 21st century the way we trade and finance aircraft equipment. GATS is a…more

Aircraft, Aircraft Financing, GATS, Insurance Certificates, Lessor

See all updates »

FDIC Releases Proposed Updates to Statement of Policy on Bank Merger Transactions

The Federal Deposit Insurance Corporation (“FDIC”) recently published a Federal Register notice seeking public comment on proposed revisions to the FDIC’s Statement of Policy on Bank Merger Transactions (the “SOP”). Relevant to…more

Bank Merger Act, Banking Sector, Banks, FDIC, Financial Institutions

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Update 4.0 to Main Street Lending Program

On June 8, 2020, the Federal Reserve Bank of Boston released updated Frequently Asked Questions (FAQs) and Term Sheets with respect to the Main Street Lending Program. Subsequently, on June 11, 2020, the Federal Reserve Bank of…more

Federal Reserve, Guidance Update, Main Street Expanded Loan Facility, Main Street Lending Programs, Main Street New Loan Facility

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The Corporate Transparency Act December 2023 Update

The Corporate Transparency Act (“CTA” or the “Act”) comes into effect on January 1, 2024. Enacted by Congress as part of the Anti-Money Laundering Act of 2020, the CTA requires certain entities, domestic and foreign, to report…more

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

See all updates »

SEC Staff Risk Alert Focuses on Preparations for T+1 Settlement

On March 27, 2024, the staff of the SEC’s Division of Examinations issued a risk alert highlighting its intent to focus, during examinations and outreach on market participants’ preparations for the shortening of the standard…more

Investment Adviser, Investment Advisers Act of 1940, Recordkeeping Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

Illinois Supreme Court: Collection of Biometric Data for Health Care Treatment, Payment, or Operations Is Exempt from BIPA

On November 30, 2023, the Illinois Supreme Court issued a much-anticipated decision in Mosby v. The Ingalls Memorial Hospital, answering a certified question about whether biometric information collected from health care workers…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

DOL's Final Rule to Increase Salary Thresholds for Overtime Exemptions

After much anticipation, the U.S. Department of Labor (DOL) unveiled its Final Rule on April 23, 2024, increasing the salary that an employee must earn in order to qualify for the executive, administrative, professional and…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

See all updates »

Impression v. Lexmark: Patent Rights Exhausted by Sale, Domestic or Abroad

The United States Supreme Court in Impression Products, Inc. v. Lexmark International, Inc., held that patent owner’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the…more

Breach of Contract, Exports, Foreign Sales, Impression Products v Lexmark International, IP License

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SCOTUS Catapults Class Arbitration Onto the Endangered Species List

On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data…more

Ambiguous, Appeals, Arbitration, Arbitration Agreements, Class Arbitration

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Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

See all updates »

Managers of Plan Asset Funds: Important December 1, 2023 Deadline for DOL's Proxy Voting Rule

Background of Proxy Voting Requirements - On December 1, 2022, the U.S. Department of Labor (“DOL”) released its final rule regarding investment duties of fiduciaries under ERISA (referred to as the “ESG Rule”). The ESG Rule…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan

See all updates »

Managers of Plan Asset Funds: Important December 1, 2023 Deadline for DOL's Proxy Voting Rule

Background of Proxy Voting Requirements - On December 1, 2022, the U.S. Department of Labor (“DOL”) released its final rule regarding investment duties of fiduciaries under ERISA (referred to as the “ESG Rule”). The ESG Rule…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan

See all updates »

Ringing in the New California Laws

With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024. This…more

Drug Testing, Employer Liability Issues, Minimum Wage, Non-Compete Agreements, Paid Leave

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7th Circuit Rejects “Novel Interpretation” of Restatement, Upholds Single Publication Rule

In a recent decision in a defamation case filed against a Gannett-owned publication and the Associated Press, the Seventh Circuit rejected what it dubbed a “novel interpretation” of an established legal principle, instead…more

Defamation, Libel, Single Publication Rule, Websites

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DOL Issues Final Independent Contractor Rule

On January 9, 2024, the Department of Labor (the “DOL”) promulgated a final rule to define the test for independent contractor status under the Fair Labor Standards Act (the “FLSA”). The rule rescinds the 2021 Trump…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors, Misclassification

See all updates »

L.A. County Board of Supervisors Passes Fair Chance Ordinance

The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure “individuals with criminal records have fair and…more

Criminal Background Checks, Criminal Records, Employer Liability Issues, Fair Chance Act, Hiring & Firing

See all updates »

Seventh Circuit Follows Illinois Supreme Court Precedent And Finds BIPA Claims Timely

In a ruling that maintains the status quo created by the Illinois Supreme Court’s holding in Cothron v. White Castle System, Inc., 2023 IL 128004, the Seventh Circuit recently affirmed the trial court’s ruling that certain of…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints

See all updates »

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Embraer v. Dougherty Air Trustee: Avoiding Foot Faults in Your Residual Value Guarantee Contract

In the early 1990s, airlines primarily relied on two types of aircraft to transport their passengers: (1) small turboprops and (2) single-aisle 100-seat jets. Seeking to exploit a potential gap in the market, Bombardier and…more

Aircraft, Aircraft Equipment, Aircraft Financing, Aircraft Sales, Aviation Industry

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SEC Staff Issues Risk Alert Regarding Observations from Anti Money Laundering Compliance Examinations of Broker Dealers

On July 31, 2023, the SEC’s Division of Examinations issued a risk alert presenting observations regarding deficiencies with respect to compliance with key anti-money laundering (AML) requirements observed in compliance…more

Anti-Money Laundering, Broker-Dealer, Investors, Securities and Exchange Commission (SEC)

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New York Governor Vetoes Bill Banning Non-Compete Agreements

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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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