Winstead PC

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2728 N. Harwood Street
Suite 500
Dallas, TX 75201, United States
Phone: 214.745.5400
Fax: 214.745.5390
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • New York
  • North Carolina
  • Texas
Number of Attorneys
100+ Attorneys

[Webinar] Business Owners’ Guide to the Paycheck Protection Program

Join Winstead for an overview of the Paycheck Protection Program (PPP) and other loan opportunities administered by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), SBA

See all updates »

[Webinar] Investing in Universities - Overview of Venture Capital Deals: What Founders Need to Know - June 22nd, 12:00 pm - 1:00 pm CDT

Join us for a webinar series on Investing in University Startup Companies. Topics discussed include legal issues, financial structures and implications. We are grateful for our guest panelists from Activant…more

Convertible Debt, Debt, Equity Financing, Investors, Startups

See all updates »

Taking the Mulligan: The Land Use Regulatory Hurdles in Golf Course Repurposing

There are numerous obstacles facing developers attempting to repurpose a golf course. It can be politically controversial. Nearby residents often oppose the idea of replacing a low intensity, visually pleasing quasi-natural…more

Golf Courses, Land Use Restrictions, Land-Use Permits, Real Estate Development, Zoning Laws

See all updates »

SEC Proposes Extensive Rule Changes for Private Fund Advisers

On February 9, 2022, the Securities and Exchange Commission (SEC) proposed new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers. The proposed new…more

Comment Period, Investment Adviser, Investment Advisers Act of 1940, Investment Funds, Investors

See all updates »

Summary of march 31, 2020, Executive Order of Governor Abbott: Texas Residential and Commercial Construction Update

On March 31, 2020, Governor Abbott issued Executive Order GA 14 (the “Executive Order”) relating to statewide continuity of essential services and activities during the COVID-19 disaster. The Executive Order becomes effective at…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders

See all updates »

The Silicon Valley Bank Failure: Implications on Commercial Leasing

This past Friday, March 10, 2023, the Federal Deposit Insurance Corp. (FDIC) announced its takeover of the failed Silicon Valley Bank (“SVB”) after a run on the bank late last week caused the largest-scale U.S. bank failure…more

Banks, Commercial Leases, Deposit Accounts, Deposit Insurance, FDIC

See all updates »

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the Texas…more

Annexation, Building Inspectors, Building Permits, Construction Project, Municipalities

See all updates »

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

See all updates »

Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

See all updates »

API Protection Under Copyright Is Upheld by Federal Circuit

There has been a lingering, divisive question in the software industry as to whether application programming interfaces (APIs) are entitled to copyright subject matter protection. Critics argue that this type of source code is…more

APIs, Copyright, Copyright Infringement, Google, Oracle

See all updates »

Texas LLC Formation: 4 Privacy Considerations for Entrepreneurs

The first thing many founders/entrepreneurs think of when starting a new business is, “I need an LLC.” The establishment of a Limited Liability Company (LLC) in Texas can be a strategic maneuver for entrepreneurs and businesses…more

Anonymity, Business Formation, Choice of Entity, Corporate Transparency Act, Entrepreneurs

See all updates »

Working Capital and Accounts Receivable

When acquiring or selling a company, many nuances exist in various stages of the process, some of which are not readily apparent on their face. One of those nuances is the interplay between accounts receivable and working…more

Accounts Receivable, Acquisitions, Capital Assets, Contract Drafting, Contract Terms

See all updates »

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

2023 Texas Legislative Update: Issues Affecting Texas Homeowners’ Associations and Condominium Owners' Associations

The 2023 Texas Legislative Session has come to a close. New laws affecting homeowners’ associations and condominium owners’ associations will take effect on September 1, 2023. Winstead was actively involved in the 2023 Texas…more

Community Associations, Condominium Associations, Condominiums, Corporate Governance, Homeowners Association (HOA)

See all updates »

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration Agreements in Construction Cases

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the…more

Arbitration, Arbitration Agreements, Construction Contracts, Construction Defects, Construction Industry

See all updates »

Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

See all updates »

Landlords: “Pausing” Retail Bankruptcies in the Time of COVID-19

Bankruptcy Code Rent Protection for Landlords: The Bankruptcy Code provides that the company in bankruptcy shall "timely" perform all obligations of a lease arising "from and after" the bankruptcy filing date through the date…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases, Coronavirus/COVID-19

See all updates »

Utilizing Tax Credits to Finance Renovation for State Institutes of Higher Education

In 2017 the Texas Legislature passed House Bill 1003, which made the Texas Historic Preservation Tax Credit available to state university systems and other state institutions of higher education. Following this change,…more

Colleges, Historic Preservation, Historical Landmarks, Historical Rehabilitation, State and Local Government

See all updates »

New Threat to Payroll and Personal Information, Returns or Payments Due Today, and New Recommendations on Health insurance/Plan Changes

Payroll Threats and Protecting Personal Information - In case you have not been checking the FBI warnings (I realize those are unusual words for a benefits person), you and your employees should know of one of such warnings…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Email, FBI, Healthcare

See all updates »

Nasdaq Proposal to Adopt Listing Rules Related to Board Diversity

On December 1, 2020, Nasdaq filed with the Securities and Exchange Commission (SEC) a proposal to adopt new listing rules related to board diversity.  If approved, the new listing rules would require Nasdaq-listed companies,…more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), LGBTQ

See all updates »

An In-Depth Summary and Analysis of the Important Alston Decision

On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of…more

Alston v NCAA, Antitrust Violations, College Athletes, Colleges, Compensation

See all updates »

Ripple’s Legal Waves: Ripple Summary Judgment Ruling Could Have Wide-Ranging Impact

In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that certain…more

Coinbase, Cryptocurrency, Digital Assets, Enforcement, Howey

See all updates »

Texas Legislature Approves HB 2071 Which Revises Public Facility Corporation Exemption for Affordable Housing

The 88th Regular Session (2023) of the Texas Legislature approved HB 2071 (the "Bill"), which revises the way public facility corporations ("PFCs") can be utilized to own and operate affordable housing. Affordable housing is…more

Ad Valorem Tax, Affordable Housing, Amended Legislation, Exemptions, For-Profit Corporations

See all updates »

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

Exploring Preferential Rights in Hospital Ground Leases

This article examines the different types of preferential rights in ground leases for medical office buildings, and examines strategies in drafting preferential rights provisions to protect the interests of both ground lessors…more

Commercial Leases, Contract Terms, Ground Leases, Hospitals, Preferences

See all updates »

Main Street Lending Program - Three Facility Summary - CARES Act

The CARES Act provides for the Federal Reserve creating an SPV that will purchase participation interests in eligible term loans. On April 30, the Federal Reserve posted to its website term sheets that update the Main Street…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Financial Stimulus

See all updates »

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

See all updates »

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

See all updates »

Seth Eaton Discusses Modifications and Workouts of Commercial Real Estate Loans during the COVID-19 Pandemic

Watch Real Estate Finance Shareholder Seth Eaton discuss loan modifications and how they have evolved throughout the COVID-19 pandemic. Seth outlines several different phases of loan modifications and highlights key points and…more

Balance Sheets, Banking Sector, CMBS, Collateralized Loan Obligations, Commercial Loans

See all updates »

Suspension of Certain Requirements Under Texas Election Code

On March 18, 2020, Governor Abbott’s office temporarily suspended a limited number of provisions of the Texas Election Code and Texas Water Code regarding general or special elections that have been ordered for May 2, 2020 in…more

Coronavirus/COVID-19, Election Laws, Emergency Response, Governor Abbott, Primary Elections

See all updates »

Ripple’s Legal Waves: Ripple Summary Judgment Ruling Could Have Wide-Ranging Impact

In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that certain…more

Coinbase, Cryptocurrency, Digital Assets, Enforcement, Howey

See all updates »

Diversity at Law Firms in the Post-Recession Era

Law firms’ efforts to achieve diversity in their ranks, especially at the partner level, began as long ago as the early 1990s. They ramped up in the early 2000s as many firms invested heavily in programs designed to recruit and…more

Big Law, Diversity, Recessions, Recruitment Incentives

See all updates »

New Threat to Payroll and Personal Information, Returns or Payments Due Today, and New Recommendations on Health insurance/Plan Changes

Payroll Threats and Protecting Personal Information - In case you have not been checking the FBI warnings (I realize those are unusual words for a benefits person), you and your employees should know of one of such warnings…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Email, FBI, Healthcare

See all updates »

SEC and DOJ Charge Founder and Promoters of “HyperFund” with $1.7 Billion Crypto Pyramid and Ponzi Scheme

The Securities and Exchange Commission brought charges against Xue Samuel Lee, the co-founder of HyperFund, and Brenda Indah Chunga, also known as “Bitcoin Beautee,” the fund’s top promoter, for securities violations. …more

Broker-Dealer, Cryptocurrency, Department of Justice (DOJ), Ponzi Scheme, Pyramid Schemes

See all updates »

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

See all updates »

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

See all updates »

Commercial Landlords in Texas Should Expect Delays in the Eviction Process during the COVID-19 Pandemic

In response to forced business shutdowns, layoffs and closings that have occurred due to the COVID-19 pandemic, state and local governments have implemented temporary stays on evictions as a way to protect individuals and…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Moratorium, Rental Property

See all updates »

[Webinar] Investing in Universities - Intellectual Property Due Diligence: A Critical Prerequisite to Funding Startup Companies - July 13th, 12:00 pm - 1:00 pm CDT

Join us for a webinar series on Investing in University Startup Companies. Topics discussed include intellectual property due diligence for venture capital transactions. We are grateful for our guest panelists Technium…more

Commercial Success, Copyright Ownership, Due Diligence, Funding, Intellectual Property Agreements

See all updates »

SMU Annual Texas Survey - Article 13, Vol. 6

This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This Survey…more

Appraisal, Condemnation, Construction Project, Foreclosure, Homesteads

See all updates »

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the Texas…more

Annexation, Building Inspectors, Building Permits, Construction Project, Municipalities

See all updates »

2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Construction Project

See all updates »

Main Street Lending Program - Three Facility Summary - CARES Act

The CARES Act provides for the Federal Reserve creating an SPV that will purchase participation interests in eligible term loans. On April 30, the Federal Reserve posted to its website term sheets that update the Main Street…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Financial Stimulus

See all updates »

[Webinar] HOA Law Live Series - Good Governance - February 14th, 12:00 pm - 1:00 pm CT

Join us for a live webinar as Winstead attorney Teddy Holtz covers the ethical duties of Association Directors and Officers, additional tips for being a model Director, and tips for responding to or dealing with troublesome…more

Board of Directors, Community Associations, Continuing Legal Education, Ethical Duties, Homeowners

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Top 5 Takeaways from Winstead’s Physician Roll-up Transactions Event

In September, Winstead hosted a virtual event entitled “Physician Roll-Up Transactions.” During the event, the speakers explored some of the different strategies, trends, and challenges surrounding physician roll-up…more

Corporate Practice of Medicine, Physician Ownership, Physicians, Private Equity

See all updates »

Texas Legislature Approves HB 2071 Which Revises Public Facility Corporation Exemption for Affordable Housing

The 88th Regular Session (2023) of the Texas Legislature approved HB 2071 (the "Bill"), which revises the way public facility corporations ("PFCs") can be utilized to own and operate affordable housing. Affordable housing is…more

Ad Valorem Tax, Affordable Housing, Amended Legislation, Exemptions, For-Profit Corporations

See all updates »

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join Winstead…more

Best Practices, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Summary of march 31, 2020, Executive Order of Governor Abbott: Texas Residential and Commercial Construction Update

On March 31, 2020, Governor Abbott issued Executive Order GA 14 (the “Executive Order”) relating to statewide continuity of essential services and activities during the COVID-19 disaster. The Executive Order becomes effective at…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders

See all updates »

Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy

In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20, 2023)…more

Beneficiaries, Co-Trustees, Dismissals, Estate Planning, Residential Property Owners

See all updates »

A Significant Opportunity Zone Deadline Is Quickly Approaching

As has been the case over the last couple of years, opportunity zone (“OZ”) investments have been the subject much interest from taxpayers and investors during 2021. This interest has led to the investment of significant amounts…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Investments

See all updates »

Venture Capital Financing: An Overview of Financing Documents

Emerging growth companies commonly search for an influx of cash through funding provided by investors. Venture capital firms, angel investor groups, and high net-worth individuals (collectively, “Investors”) are common sources…more

Capital Markets, Corporate Governance, Investment, Investors, Stock Purchase Agreement

See all updates »

COVID-19 Presents Unique Issues for Community Associations

The COVID-19 pandemic has caused a unique set of issues for community associations. States, counties, cities, and the federal government have taken unheard of measures in an attempt to slow the spread of COVID-19. These…more

Board of Directors, Community Associations, Condominium Associations, Coronavirus/COVID-19, Emergency Management Plans

See all updates »

Ripple’s Legal Waves: Ripple Summary Judgment Ruling Could Have Wide-Ranging Impact

In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that certain…more

Coinbase, Cryptocurrency, Digital Assets, Enforcement, Howey

See all updates »

Business Owners’ Guide to SBA Loan Opportunities Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act*

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020, providing emergency assistance to businesses, families and individuals impacted by the COVID-19 pandemic. The CARES…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Financial Stimulus

See all updates »

Making the Right Choice: The Obligation to Comply With Fiduciary Duties By The Directors, Managers and Officers of Private Texas Companies

Fiduciary. The term applies broadly to cover all types of companies, as well as spouses in marriage, and is defined as “of, relating to, or involving a confidence or trust.” In the private business context, the company’s…more

Best Practices, Board of Directors, Corporate Management, Corporate Officers, Duty of Care

See all updates »

Public Improvement Districts Texas Legislative Update

Effective September 1, 2021, the Texas legislature enacted new, increased notice requirements for purchasers of land lying within a public improvement district (PID). These notices are now required to be given to purchasers of…more

Land Purchases, New Legislation, Notice Requirements, Public Improvement Projects, Required Forms

See all updates »

A Potential Big Win for Bitcoin: A Federal Court Overturned the SEC’s Refusal to List a Spot Bitcoin ETF

On Tuesday, August 29, 2023, Bitcoin once again loomed large over financial markets after the D.C. Circuit Court of Appeals vacated an SEC order that rejected Grayscale Investments’ (“Grayscale”) application to list a spot…more

Bitcoin, Cryptocurrency, Digital Assets, Digital Currency, Enforcement

See all updates »

Suspension of Certain Requirements Under Texas Election Code

On March 18, 2020, Governor Abbott’s office temporarily suspended a limited number of provisions of the Texas Election Code and Texas Water Code regarding general or special elections that have been ordered for May 2, 2020 in…more

Coronavirus/COVID-19, Election Laws, Emergency Response, Governor Abbott, Primary Elections

See all updates »

COVID-19 and Municipal Securities Disclosure

COVID-19 is creating more questions than answers in every sector of American life recent days, and the municipal bond market is no exception. Issuers and obligated persons for municipal bonds (collectively, “Obligated Parties”)…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Municipal Securities Issuers, Municipalities

See all updates »

The FTC Did What!? It Banned Noncompetes

Over a year ago, in January 2023, we reported on Winstead’s Employer Law Resource Blog that the Federal Trade Commission issued a proposed rule banning noncompetes. The FTC later extended the original 90-day notice-and-comment…more

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

See all updates »

Governor Abbott Eases Ban on Elective Procedures

On April 17, 2020, Texas Governor Greg Abbott issued a series of Executive Orders, including Executive Order GA-15, which go into effect as of 11:59 pm on April 21, 2020, and continue through May 8, 2020, unless amended or…more

Coronavirus/COVID-19, Elective Surgical Procedures, Executive Orders, Governor Abbott, Health Care Providers

See all updates »

Supreme Court of Texas; Recent Texas Home Equity Lending Decisions

On May 20, 2016, the Supreme Court of Texas (the "Court") issued its opinions in two cases involving Texas home equity lending – Garofolo v. Ocwen Loan Servicing and Wood v. HSBC Bank USA. The decisions are important for the…more

Action to Quiet Title, Breach of Contract, Foreclosure, Forfeiture, Home Equity

See all updates »

Remote Online Notarization – Update

On March 30, 2020, we released an article which provided a brief overview of Remote Online Notarization (RON). That article also links to several resources that provide updates on the adoption and implementation of RON measures…more

Coronavirus/COVID-19, Electronic Notarization Standard, Governor Abbott, Notarization, Remote Notarization

See all updates »

Summary of Certain Provisions of the CARES Act

H.R. 748, passed by the Senate on March 25, 2020 (the “CARES Act”), was passed by the House on March 27, 2020 and sent to the President for signature. …more

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

See all updates »

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Construction Project

See all updates »

An In-Depth Summary and Analysis of the Important Alston Decision

On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of…more

Alston v NCAA, Antitrust Violations, College Athletes, Colleges, Compensation

See all updates »

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

The FTC Did What!? It Banned Noncompetes

Over a year ago, in January 2023, we reported on Winstead’s Employer Law Resource Blog that the Federal Trade Commission issued a proposed rule banning noncompetes. The FTC later extended the original 90-day notice-and-comment…more

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

See all updates »

2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Construction Project

See all updates »

An Overview of Section 1202 Qualified Small Business Stock

Thinking about investing in a young, promising company? Section 1202 of the tax code offers a significant incentive for individuals to do just that…more

Corporate Taxes, Income Taxes, Qualified Small Business Stock, Tax Planning

See all updates »

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the Texas…more

Annexation, Building Inspectors, Building Permits, Construction Project, Municipalities

See all updates »

SEC and DOJ Charge Founder and Promoters of “HyperFund” with $1.7 Billion Crypto Pyramid and Ponzi Scheme

The Securities and Exchange Commission brought charges against Xue Samuel Lee, the co-founder of HyperFund, and Brenda Indah Chunga, also known as “Bitcoin Beautee,” the fund’s top promoter, for securities violations. …more

Broker-Dealer, Cryptocurrency, Department of Justice (DOJ), Ponzi Scheme, Pyramid Schemes

See all updates »

Sponsorship Agreements: Key Provisions That COVID-19 Has Now Brought Into Play

The impact of COVID-19 on the sports industry has already been widespread and far-reaching. Professional leagues have seen their schedules abruptly suspended, colleges and universities have ended their spring seasons without…more

Contract Termination, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Sponsors

See all updates »

Complying with Rule 506(c): Investor Verification Methods Explained

If an issuer of a securities wishes to generally advertise their private offering of securities, they can do so under Rule 506(c) of Regulation D of the Securities Act of 1933, which would exempt the offeror from registration as…more

Accredited Investors, Investment Company Act of 1940, Regulation D, Rule 506 Offerings, Securities Act of 1933

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The Fiscal Cliff for Condominium Developers

Heard enough about the fiscal cliff? Condominium developers should take into consideration the potential liability for assessments on developer owned condominium units when structuring condominium regimes to avoid their own…more

Condominiums, Financing, Fiscal Cliff, Land Developers, Tax Assessment

See all updates »

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the right…more

Arbitration Agreements, General Contractors, Housing Developers, Motion to Compel, Non-Signatories

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2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Construction Project

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[Webinar] Investing in Universities - Legal and Financial Due Diligence: Looking Under the Hood - June 8th, 12:00 pm - 1:00 pm CDT

Join us for a webinar series on Investing in University Startup Companies. Topics discussed include legal issues, financial structures and implications, and intellectual property due diligence for venture capital…more

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Texas Appellate Court Requires Strict Proof of Trade Secret Elements For Every Defendant in Evaluating TCPA Defense

A recent Texas appellate court decision provides additional guidance for those parties litigating trade secrets in the new era of the Texas Citizens Participation Act (“TCPA”). The holding in Morgan v. Clements Fluids S. Tex,…more

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Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

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Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

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SMU Annual Texas Survey - Article 13, Vol. 6

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The FTC Did What!? It Banned Noncompetes

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

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The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. …more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Colleges, Constitutional Challenges, Coronavirus/COVID-19

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[Webinar] Community Associations: Providing A Sense of Normalcy as COVID-19 Restrictions Evolve - April 30th, 10:00 am - 10:45 am CT

Please join Winstead for a webinar as we discuss the considerations and best practices for a phased reopening of community facilities and amenities, and for management of community property…more

Amended Rules, Best Practices, Community Property, Coronavirus/COVID-19, Planned Communities

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[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join Winstead…more

Best Practices, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Landlord Considerations in Lease Workouts with Troubled Healthcare Operators (Including Bankruptcy Considerations)

The past few years have seen an unprecedented number of bankruptcies in the healthcare space, primarily from hospitals and senior living operators. The pressure placed on healthcare operating companies will only increase as they…more

Commercial Bankruptcy, Commercial Leases, Coronavirus/COVID-19, Healthcare Facilities

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The Silicon Valley Bank Failure: Implications on Commercial Leasing

This past Friday, March 10, 2023, the Federal Deposit Insurance Corp. (FDIC) announced its takeover of the failed Silicon Valley Bank (“SVB”) after a run on the bank late last week caused the largest-scale U.S. bank failure…more

Banks, Commercial Leases, Deposit Accounts, Deposit Insurance, FDIC

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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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