Verrill

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One Portland Square
P.O. Box 586
Portland, ME 04112-0586, United States
Phone: (207) 774-4000
Fax: (207) 774-7499
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • Maine
  • Massachusetts
  • New York
  • Rhode Island
Number of Attorneys
100+ Attorneys

Establish an Administrative Committee for Your ERISA Health and Welfare Benefit Plans

The fiduciary standards of ERISA apply to all employee benefit plans that are subject to Title I of ERISA. The duty of loyalty, the duty of prudence, and the duty to administer a plan in accordance with its written terms apply…more

Compliance, Employee Benefits, ERISA, Fiduciary Duty, Health and Welfare Plans

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OSHA Issues Emergency Temporary Standard for Healthcare Settings

Earlier today (June 10, 2021), OSHA issued COVID-19 Emergency Temporary Standard (ETS) Subpart U applicable to healthcare settings. While OSHA has indicated that future guidance may be provided for other industries, today’s…more

Coronavirus/COVID-19, Employee Training, Employees, Employer Liability Issues, Employer Responsibilities

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Future of Non-Competes: Insights into Executive Order Promoting Competition in the American Economy

President Biden’s June 9th Executive Order (EO) on Promoting Competition in the American Economy touches on a handful of potential measures and initiatives aimed at promoting competition throughout the U.S. workforce. Section…more

Biden Administration, Competition, Employment Contract, Executive Orders, FTC

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Newsflash: Rockweed Not a Fish

In this episode of Verrill Voices, environmental attorneys Gordon Smith and Scott Anderson discuss how private property rights could save the world, or at least the coast of Maine, when the fate of ecologically vital rockweed…more

Land Owners, Land Use Restrictions, ME Supreme Court, Private Property, Property Owners

See all updates »

Is a Benefit Corporation Right for You?

The “benefit corporation” is a relatively new type of business entity. In 2010, Maryland became the first state in the U.S. to enact a statute recognizing and providing for the organization of this form of entity. In September,…more

Benefit Corporations, Board of Directors, Corporate Entities, Corporate Governance, New Legislation

See all updates »

Massachusetts Now Requires Paid COVID-19 Leave for all Employees

Massachusetts now requires all employers, regardless of size, with Massachusetts employees to offer employees paid, job-protected leave for certain COVID-19-related reasons, including to get or recover from a COVID-19 vaccine…more

Coronavirus/COVID-19, Employee Benefits, Paid Leave, Reimbursements, Tax Credits

See all updates »

The Massachusetts Supreme Judicial Court Clarifies the Contours of the Attorney-Client Privilege and Work Product Doctrine in Internal Investigations

In Attorney General v. Facebook, Inc., No. SJC-12496 (March 24, 2021),[i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to…more

Attorney General, Attorney-Client Privilege, Facebook, Internal Investigations, State and Local Government

See all updates »

The PPP Litigation Wave Is Coming: Anticipated “Qui Tam” Lawsuits Under the False Claims Act

Many businesses and other borrowers, such as nonprofit organizations, that received Paycheck Protection Program (PPP) loans are now several weeks into disbursing their PPP loans for payroll, mortgage or lease payments, and…more

Borrowers, CARES Act, Certificate of Need, False Claims Act (FCA), Financial Stimulus

See all updates »

DOL Cybersecurity Guidance

This post provides a high-level summary of the Department of Labor’s cybersecurity guidance issued in April and identifies actions retirement plan sponsors and other plan fiduciaries should consider taking now in light of the…more

Benefit Plan Sponsors, Best Practices, Cybersecurity, Department of Labor (DOL), Fiduciary

See all updates »

Federal "Right to Try": Don't Disregard Your State Laws Just Yet!

How Federal Preemption (or Lack Thereof) Could Influence the Use of Federal "Right to Try" - As discussed in our Alert of June 4, "Right to Try" Comes to the Federal Stage: What Stakeholders Should Do Now, manufacturers,…more

Clinical Trials, Expanded Access Programs (EAPs), FDA, Legislative Agendas, Manufacturers

See all updates »

COVID-19 and Maine Construction Contractors: A Roundtable Video Conference on Legal, Financial and Tax Developments

On April 8, attorneys from Verrill's Construction Law and Employment & Labor Groups teamed up with accounting professionals from Albin Randall & Bennett and the Associated General Contractors of Maine to offer insights into the…more

Coronavirus/COVID-19, Executive Orders, Operators of Essential Services, Shelter-In-Place, Social Distancing

See all updates »

A ‘Healthy’ Approach to Possible Commercial Lease Defaults in the Age of Coronavirus (COVID-19)

As COVID-19 cases mount across the country, the inability to perform commercial lease obligations due to unforeseen circumstances has moved to the forefront. In contract-speak, unforeseen circumstances that lead to…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

COVID-19 Alert: State of Maine and City of Portland Issue Orders to Close Non-essential Businesses

On Tuesday March 24, 2020, both the City of Portland and the State of Maine issued comprehensive new limitations on business establishments in order to further limit the spread of the coronavirus. Both actions were aimed at…more

Brick-and-Mortar Stores, Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Mills

See all updates »

U.S. Department of Labor Releases Families First Coronavirus Response Act Employee Rights Workplace Poster

As anticipated, on March 25, 2020, the U.S. Department of Labor (DOL) released a notice/workplace poster (a copy is available at: https://www.dol.gov/agencies/whd/posters) that summarizes employee rights under the newly enacted…more

Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), New Guidance, Notice Requirements, Posting Requirements

See all updates »

Primer on Severance Plans Under ERISA and the Tax Code

Many employers maintain formal or informal severance policies or practices that they use sporadically. Other employers may implement a severance program for a limited period of time to reduce the number of employees overall or…more

ADEA, Benefit Plan Reimbursements, Department of Labor (DOL), ERISA, Internal Revenue Code (IRC)

See all updates »

Role of In-House Counsel in Managing a Crisis or Internal Investigation, Pandemic or Employment Claim (Presentation)

[co-author: Clara McConnell, Maine Street Solutions] - On April 29, 2020, Verrill's Doug Currier, Mike Saxl, Calvin Woo, and Clara McConnell presented a webinar, "Role of In-House Counsel in Managing a Crisis or Internal…more

Confidentiality Policies, Coronavirus/COVID-19, Crisis Management, Workplace Communication, Workplace Investigations

See all updates »

Wait Before You Sue – Supreme Court Rules Copyright Registration Must Be Approved Before Filing Infringement Suit

If you come across your photos, videos, music, or other creative content being used without your permission, you’ll need to wait in order to sue for infringement. On Monday, March 4, 2019, the Supreme Court unanimously ruled in…more

Appeals, Copyright, Copyright Exhaustion, Copyright Infringement, Copyright Registration

See all updates »

Due to COVID-19, Federal Agencies Relax Requirements Regarding the Provision of Telehealth Services

In the past few days, in an effort to help keep Medicare beneficiaries healthy during the COVID-19 pandemic, key federal agencies within the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Medicare

See all updates »

9:00PM “Curfew” Announced for Some Maine Businesses During Thanksgiving Week

Starting today, Friday, November 19, certain Maine businesses will be required to close their doors at 9:00PM each day, through Sunday, December 6. With increasing numbers of positive COVID-19 cases and holiday gatherings…more

Coronavirus/COVID-19, Curfews, Governor Mills, Health and Safety, Public Gatherings

See all updates »

Federal and State Funds to Support Maine Climate Action Plan’s Transportation and Broadband Goals

Last week, the Maine Governor’s Energy Office (GEO) and Office of Policy Innovation and the Future jointly presented to the Legislature’s Energy, Utilities, and Technology (EUT) Committee a report outlining a four-year funding…more

Broadband, Climate Change, Electric Vehicles, Energy Sector, Governor Mills

See all updates »

“If I’ve told you once, I’ve told you eight times…” HHS OIG Issues Another Audit Report on Hospitals’ Failure to Report Credits for Explanted Cardiac Devices and Lays the Groundwork Collection of Overpayments

Each year, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issues dozens of audit reports. While each is important in its own way, some stand out with language that appears to reflect…more

Audit Reports, Department of Health and Human Services (HHS), Enforcement Actions, Medical Devices, OIG

See all updates »

Opportunity Fund Investors Prepare to Zone-In

Treasury Provides Additional Clarity on Opportunity Zones by Issuing Second Round of Proposed Regulations - On April 17, 2019, the U.S. Department of the Treasury issued its second set of proposed regulations (the “New…more

Anti-Abuse Rule, Business Operations, Capital Gains, Capital Gains Tax, Commercial Leases

See all updates »

PPP Forgiveness Planning Scenarios

How to use this article: You already know that the Paycheck Protection Program (PPP) is highly complex, with intertwining conditions, exceptions, and definitions that defy simple explanation. This article assumes that you are…more

Borrowers, FTEs, Lenders, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

2020 Estate Planning Update

SECURE ACT - What you need to know: The Setting Every Community Up for Retirement Enhancement (SECURE) Act went into effect on January 1, 2020. The most significant provisions of the SECURE Act involve changes to the…more

401k, Beneficiaries, Estate Planning, Estate Tax, Gift Tax

See all updates »

COVID-19 and Maine Construction Contractors: A Roundtable Video Conference on Legal, Financial and Tax Developments

On April 8, attorneys from Verrill's Construction Law and Employment & Labor Groups teamed up with accounting professionals from Albin Randall & Bennett and the Associated General Contractors of Maine to offer insights into the…more

Coronavirus/COVID-19, Executive Orders, Operators of Essential Services, Shelter-In-Place, Social Distancing

See all updates »

ESG Ping-Pong®

The recent regulatory back-and-forth over the investment of ERISA-governed retirement plan assets based on environmental, social, and corporate governance (“ESG”) factors has demonstrated that ESG investing will remain under an…more

Department of Labor (DOL), Environmental Social & Governance (ESG), ERISA, Executive Orders, Final Rules

See all updates »

The SBA Paycheck Protection Program: An Overview

Good news, bad news. The good news is that the new Paycheck Protection Program (PPP) loans through the Small Business Administration (SBA) look like they will provide a much needed lifeline for small businesses of every stripe,…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, SBA

See all updates »

What Commercial Landlords Need to Know About Massachusetts Moratorium on Evictions and Foreclosures

On April 20, Massachusetts enacted a moratorium on evictions and foreclosures during the COVID-19 emergency (House, No. 4647). While the Act addresses residential tenants and residential foreclosures as well as commercial…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

2020 Estate Planning Update

SECURE ACT - What you need to know: The Setting Every Community Up for Retirement Enhancement (SECURE) Act went into effect on January 1, 2020. The most significant provisions of the SECURE Act involve changes to the…more

401k, Beneficiaries, Estate Planning, Estate Tax, Gift Tax

See all updates »

IRS Notice 2021-26 Clarifies Taxation of Dependent Care Assistance Programs:

On May 10, 2021, the IRS issued Notice 2021-26, which provides guidance regarding the taxation of dependent care assistance benefits provided through a Code Section 125 cafeteria plan, available in tax years ending in 2021 and…more

Coronavirus/COVID-19, Dependent Care, Dependent Care Assistance Program (DCAP), Employee Benefits, Internal Revenue Code (IRC)

See all updates »

The Regulatory Sprint is Over – What’s at the Finish Line Under the New Stark and AKS Final Rules?

The U.S. Department of Health and Human Services (HHS) completed its “Regulatory Sprint” by finalizing changes to regulations pertaining to two federal fraud and abuse laws. On December 2, 2020, the Centers for Medicare &…more

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

See all updates »

Wait Before You Sue – Supreme Court Rules Copyright Registration Must Be Approved Before Filing Infringement Suit

If you come across your photos, videos, music, or other creative content being used without your permission, you’ll need to wait in order to sue for infringement. On Monday, March 4, 2019, the Supreme Court unanimously ruled in…more

Appeals, Copyright, Copyright Exhaustion, Copyright Infringement, Copyright Registration

See all updates »

Seeking Foreign Investments? New Law Says You May Have to Wait

Unbeknownst to many, a wrench has been thrown into the funding plans of many U.S. startups and other growing U.S. companies by virtue of President Trump’s enactment of the Foreign Investment Risk Review Modernization Act of 2018…more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, Export Controls, Federal Pilot Programs

See all updates »

Disgorgement Upon Insolvency: Continuing Uncertainty

Litigation and Trial attorneys Nate Hull and Stephen Segal authored an article entitled "Disgorgement Upon Insolvency: Continuing Uncertainty." Nate and Stephen discuss the various approaches taken by bankruptcy courts when…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Disgorgement, Distribution Rules

See all updates »

Faculty Retirement Incentive Programs: What Does the Law Permit?

A recent survey of full-time college and university faculty found that, as of the beginning of the 2020-2021 academic year, approximately 25% of those surveyed expected to retire later than they had anticipated before the onset…more

ADEA, Colleges, Coronavirus/COVID-19, ERISA, Faculty

See all updates »

New Reporting and Penalties for Small Business Owners

In the United States of America, what do a small restaurant owner, a real estate developer who wants to keep properties separate, a mom-and-pop store with fewer than 20 employees and a drug cartel shell company all have in…more

Corporate Transparency Act, Disclosure Requirements, NDAA, Penalties, Reporting Requirements

See all updates »

FFCRA Leave Extended In New COVID-19 Relief Taking Care of HR Business

Congress’s 5593-page Consolidated Appropriations Act, passed by the Senate on December 21, 2020, and signed by the President last night (December 27, 2020), includes an extension of employer tax credits for leave provided under…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Department of Labor (DOL), Employees, Employer Liability Issues

See all updates »

The Massachusetts Supreme Judicial Court Clarifies the Contours of the Attorney-Client Privilege and Work Product Doctrine in Internal Investigations

In Attorney General v. Facebook, Inc., No. SJC-12496 (March 24, 2021),[i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to…more

Attorney General, Attorney-Client Privilege, Facebook, Internal Investigations, State and Local Government

See all updates »

Scoring A Touchdown With NIL Rights

“NIL” is short for “Name, Image, Likeness,” but for college athletes it may now mean “no income limits.” All three branches of government have essentially agreed that a college athlete could be paid for his/her NIL activities…more

College Athletes, Colleges, Compensation, Educational Institutions, Name and Likeness

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COVID-19 Vaccination Incentive Programs: Additional Guidance and Some Comfort

Earlier today the U.S. Equal Employment Opportunity Commission (EEOC) released guidance confirming that employers may offer incentives to employees who voluntarily obtain a COVID-19 vaccination. The guidance (available here)…more

ADA, CDC, Coronavirus/COVID-19, Documentation, EEOC

See all updates »

Massachusetts Health Care Bill Makes Several Significant Changes

While you were celebrating the New Year, Governor Baker signed Chapter 260 of the Acts of 2020, an “Act promoting a resilient health care system that puts patients first,” the result of the Legislature’s months of work to…more

Billing, Coronavirus/COVID-19, Governor Baker, Health Care Providers, Healthcare

See all updates »

Maine Legislature Adopts Major Revision to Its Net Energy Billing Program

On July 1, 2021, LD 936, An Act To Amend State Laws Relating to Net Energy Billing and the Procurement of Distributed Generation became law after Maine Governor Janet Mills allowed the legislatively enacted bill to go into…more

Energy Sector, Governor Mills, Legislative Agendas, Proposed Legislation, Safe Harbors

See all updates »

Pension Plan Mortality Table Litigation – What’s Next?

The first major settlement of a lawsuit challenging the mortality assumptions used to calculate pension plan benefits was announced earlier this year. According to court filings in Cruz v. Raytheon Company, the settlement will…more

Benefit Plan Sponsors, Employee Benefits, ERISA, Fiduciary Duty, Pensions

See all updates »

Employers Required to Give Free COBRA Coverage to be Offset by Medicare Tax Credits

Among other things, the American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, provides “assistance eligible individuals” (“AEIs”) who lose their health insurance coverage under an employer’s group health…more

American Rescue Plan Act of 2021, COBRA, Covered Employees, Covered Employer, Eligibility

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What You Need to Know Before Opening Your Outdoor Tasting Room

As part of Maine’s phased reopening of its economy, breweries, distilleries, and wineries without restaurant licenses were deemed bars. As a result, in guidance issued by Maine’s Bureau of Alcoholic Beverages and Lottery…more

Breweries, Coronavirus/COVID-19, Distilleries, Governor Mills, Re-Opening Guidelines

See all updates »

Massachusetts Legislation, Regulations, and Programs Regarding COVID-19 Emergency

On March 24th, the Governor filed legislation to make temporary changes to Massachusetts’ laws and regulations covering a wide range of public and private enterprises to remain in effect during the Covid-19 emergency including…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, State and Local Government

See all updates »

New Massachusetts Noncompetition Act: What Employers Need To Know

Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1, 2018…more

Breach of Contract, Compensation, Employer Liability Issues, Employment Contract, Enforcement

See all updates »

Is a Benefit Corporation Right for You?

The “benefit corporation” is a relatively new type of business entity. In 2010, Maryland became the first state in the U.S. to enact a statute recognizing and providing for the organization of this form of entity. In September,…more

Benefit Corporations, Board of Directors, Corporate Entities, Corporate Governance, New Legislation

See all updates »

Finding Teeth in Massachusetts' Prompt Payment Act

In Tocci v. IRIV Partners, LLC, Boston Harbor Industrial Development LLC and Hudson Insurance Co. (November 19, 2020, Sup. Ct. 19-405), the Massachusetts Superior Court granted summary judgment on a contractor’s breach of…more

Breach of Contract, Contract Terms, Contractors, Prompt Payment, Subcontractors

See all updates »

Massachusetts Final Budget: MassHealth Gains Greater Authority to Negotiate Supplemental Rebates with Pharmaceutical Companies

On July 31, 2019, Governor Charlie Baker signed a $43.3 billion fiscal year 2020 budget (“General Appropriations Act”). Originating from the Conference Committee’s budget, the General Appropriations Act accounts for any vetoes…more

Budget Cuts, General Appropriation Funds, Governor Baker, Legislative Agendas, Pharmaceutical Industry

See all updates »

Massachusetts Health Care Bill Makes Several Significant Changes

While you were celebrating the New Year, Governor Baker signed Chapter 260 of the Acts of 2020, an “Act promoting a resilient health care system that puts patients first,” the result of the Legislature’s months of work to…more

Billing, Coronavirus/COVID-19, Governor Baker, Health Care Providers, Healthcare

See all updates »

COVID-19 and Maine Construction Contractors: A Roundtable Video Conference on Legal, Financial and Tax Developments

On April 8, attorneys from Verrill's Construction Law and Employment & Labor Groups teamed up with accounting professionals from Albin Randall & Bennett and the Associated General Contractors of Maine to offer insights into the…more

Coronavirus/COVID-19, Executive Orders, Operators of Essential Services, Shelter-In-Place, Social Distancing

See all updates »

Role of In-House Counsel in Managing a Crisis or Internal Investigation, Pandemic or Employment Claim (Presentation)

[co-author: Clara McConnell, Maine Street Solutions] - On April 29, 2020, Verrill's Doug Currier, Mike Saxl, Calvin Woo, and Clara McConnell presented a webinar, "Role of In-House Counsel in Managing a Crisis or Internal…more

Confidentiality Policies, Coronavirus/COVID-19, Crisis Management, Workplace Communication, Workplace Investigations

See all updates »

Disgorgement Upon Insolvency: Continuing Uncertainty

Litigation and Trial attorneys Nate Hull and Stephen Segal authored an article entitled "Disgorgement Upon Insolvency: Continuing Uncertainty." Nate and Stephen discuss the various approaches taken by bankruptcy courts when…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Disgorgement, Distribution Rules

See all updates »

Due to COVID-19, Federal Agencies Relax Requirements Regarding the Provision of Telehealth Services

In the past few days, in an effort to help keep Medicare beneficiaries healthy during the COVID-19 pandemic, key federal agencies within the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Medicare

See all updates »

The Regulatory Sprint is Over – What’s at the Finish Line Under the New Stark and AKS Final Rules?

The U.S. Department of Health and Human Services (HHS) completed its “Regulatory Sprint” by finalizing changes to regulations pertaining to two federal fraud and abuse laws. On December 2, 2020, the Centers for Medicare &…more

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

See all updates »

Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn

In two earlier posts, I described the Circuit split over the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782. (Read: Domestic Discovery for…more

28 U.S.C. § 1782, Arbitration, Discovery, Foreign Arbitration Clauses, Foreign Tribunals

See all updates »

Should Health Care Employers Prepare for COVID-19 As A Work-Related Injury?

While we know that everyone is being bombarded with COVID-19 recommendations, advice, news, and data, another important issue to manage in the workplace is the possibility of COVID-19 infection, if acquired at work and due to…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Policies and Procedures, Workplace Safety

See all updates »

Newsflash: Rockweed Not a Fish

In this episode of Verrill Voices, environmental attorneys Gordon Smith and Scott Anderson discuss how private property rights could save the world, or at least the coast of Maine, when the fate of ecologically vital rockweed…more

Land Owners, Land Use Restrictions, ME Supreme Court, Private Property, Property Owners

See all updates »

Avoid Rejection: Make Sure Your Medicare Cost Report is Properly Completed

As the calendar year draws to a close, hospitals with a 9/30 fiscal year end are working intensely on completing their FY 2019 Medicare cost reports. This seemed like a good time to remind everyone of some of CMS’s more recent…more

Health Care Providers, Hospitals, Medicare, Physicians, Reporting Requirements

See all updates »

A ‘Healthy’ Approach to Possible Commercial Lease Defaults in the Age of Coronavirus (COVID-19)

As COVID-19 cases mount across the country, the inability to perform commercial lease obligations due to unforeseen circumstances has moved to the forefront. In contract-speak, unforeseen circumstances that lead to…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

A New Hurdle in Prop. 65 Compliance: Inter-Supply Chain Information Requests

Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018. Prop. 65 is a so-called right-to-know statute that,…more

Distributors, Information Requests, Internet Retailers, Manufacturers, New Regulations

See all updates »

Connecticut Employers Take Note – Cease Seeking Past Pay Information

Big changes are coming to Connecticut employers and with it, many organizational hiring practices with the passage of HB Number 6380. HB Number 6380 limits the disclosure of wage information from past positions. Currently,…more

Connecticut, Disclosure, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

New Reporting and Penalties for Small Business Owners

In the United States of America, what do a small restaurant owner, a real estate developer who wants to keep properties separate, a mom-and-pop store with fewer than 20 employees and a drug cartel shell company all have in…more

Corporate Transparency Act, Disclosure Requirements, NDAA, Penalties, Reporting Requirements

See all updates »

Zoom ADR: Best Practices for Virtually Every Virtual ADR Event

As the post-COVID-19 “new normal” comes into focus, it is unlikely that civil jury trials will happen in many jurisdictions until at least the spring of 2021. For family law matters, cases involving children or domestic violence…more

Arbitration, Best Practices, Coronavirus/COVID-19, Mediators, Videoconference

See all updates »

Role of In-House Counsel in Managing a Crisis or Internal Investigation, Pandemic or Employment Claim (Presentation)

[co-author: Clara McConnell, Maine Street Solutions] - On April 29, 2020, Verrill's Doug Currier, Mike Saxl, Calvin Woo, and Clara McConnell presented a webinar, "Role of In-House Counsel in Managing a Crisis or Internal…more

Confidentiality Policies, Coronavirus/COVID-19, Crisis Management, Workplace Communication, Workplace Investigations

See all updates »

Massachusetts Legislation, Regulations, and Programs Regarding COVID-19 Emergency

On March 24th, the Governor filed legislation to make temporary changes to Massachusetts’ laws and regulations covering a wide range of public and private enterprises to remain in effect during the Covid-19 emergency including…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, State and Local Government

See all updates »

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  • 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
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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