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Attorneys General

Cozen O'Connor

The State AG Report Weekly Update July 2018 #2

by Cozen O'Connor on

2018 AG Elections- Alabama Incumbent Attorney General Wins Republican Primary Runoff Election- Alabama held a runoff election for the Republican AG primary race on July 17, 2018. ...more

Cozen O'Connor

The State AG Report Weekly Update July 2018 #1

by Cozen O'Connor on

Breaking News- Washington Attorney General Reaches Settlement with Seven Fast Food Franchisors Over “No Poach” Provisions in Franchise Agreements- Washington AG Bob Ferguson announced settlements with Arby’s Franchisor,...more

Akin Gump Strauss Hauer & Feld LLP

California Passes Landmark Consumer Privacy CCPA—What it Means for Businesses

• California recently passed the landmark California Consumer Privacy Act that goes into effect in 2020, which grants California residents new privacy rights. • The CCPA creates a private right of action for California...more

Ballard Spahr LLP

State AGs urge Senators to reject bills addressing Madden and “true lender”

by Ballard Spahr LLP on

A group of 21 state attorneys general have sent a letter to the Senate majority and minority leaders as well as to the chairman and ranking member of the Senate Banking Committee urging them to reject H.R. 3299 (“Protecting...more

Ballard Spahr LLP

FTC and NY AG file lawsuit to stop phantom debt scheme

by Ballard Spahr LLP on

On June 26, 2018, the Federal Trade Commission and New York Attorney General’s Office filed a lawsuit against a debt broker, debt collector and their principals to shut down a phantom debt collection scheme.  ...more

Fox Rothschild LLP

Pennsylvania Employers Beware: There’s A New Sheriff In Town

by Fox Rothschild LLP on

In an era of governance by tweet, Pennsylvania’s Attorney General Josh Shapiro is touting the creation of a “Fair Labor Section” to prosecute employers. His tweet coincided with last week’s 80th anniversary of the Fair Labor...more

Fisher Phillips

California Lawmakers Pass Sweeping New Data Privacy Law - Last-Minute Legislative Compromise Opens Door To Liability And...

by Fisher Phillips on

Due to some last-minute bargaining between state lawmakers and proponents of a controversial data privacy initiative, California businesses will soon need to prepare to comply with a new state measure designed to protect...more

Cozen O'Connor

The State AG Report Weekly Update June 2018 #4

by Cozen O'Connor on

2018 AG Elections- Colorado, Maryland, and Oklahoma Hold Primary Elections; Oklahoma to Hold Runoff Election for Republican Attorney General Primary Race- Colorado, Maryland, and Oklahoma held primary elections on June...more

Womble Bond Dickinson

Trap for the Unwary?: Target Busted for ATDS Calls in Mass. that Seemed to be Lawful Under AG Guidance

by Womble Bond Dickinson on

A tree falling in the forest may not make a sound, but as Target Corporation learned yesterday, an initiated contact counts against a Massachusetts’ statute’s two-call limitation even if no pre-recorded message is played....more

Cozen O'Connor

The State AG Report Weekly Update June 2018 #3

by Cozen O'Connor on

Breaking News- New York Federal Judge Declares Structure of Consumer Financial Protection Bureau Unconstitutional- The U.S. District Court for the Southern District of New York held in Consumer Financial Protection...more

Jones Day

New York's Martin Act Just Got a Little Less Powerful

by Jones Day on

On June 12, New York's highest court ruled in a 4-1 decision that Martin Act claims are subject to a three-year statute of limitations, rejecting the New York Attorney General's argument for a six-year limit, and overruling...more

Dorsey & Whitney LLP

Breakfast with a NY A.G. Deputy Bureau Chief: Update on Data Breaches, COPPA and False Online Reviews

by Dorsey & Whitney LLP on

On June 13th, we hosted a “Meet the Regulators Breakfast” with Clark Russell, Deputy Bureau Chief of the Bureau of Internet and Technology of the NY State Office of the Attorney General, along with Dorsey’s privacy lawyer Bob...more

Dorsey & Whitney LLP

Breakfast with a NY A.G. Deputy Bureau Chief: Update on Data Breaches, COPPA and False Online Reviews

by Dorsey & Whitney LLP on

On June 13th, we hosted a “Meet the Regulators Breakfast” with Clark Russell, Deputy Bureau Chief of the Bureau of Internet and Technology of the NY State Office of the Attorney General, along with Dorsey’s privacy lawyer Bob...more

McDermott Will & Emery

Corporate Law & Governance Update - June 2018

by McDermott Will & Emery on

Executive Compensation Recoupment - The most recent development in the prominent University of Louisville Foundation controversy is the release of an independent analysis suggesting that its senior executive leadership was...more

Downey Brand LLP

U.S. District Court Denies California Attorney General’s Request to Reconsider Holding that Proposition 65 Warnings for Glyphosate...

by Downey Brand LLP on

On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider its decision in February that California cannot require...more

Tarter Krinsky & Drogin LLP

U.S. Attorney General Jeff Sessions Steps In On Immigration Court Ruling

by Tarter Krinsky & Drogin LLP on

On June 11, 2018, U.S. Attorney General Jeff Sessions overturned an immigration appeals court decision granting asylum to a Salvadoran woman, Ms. A.B., fleeing domestic abuse. This decision rejects nearly two decades of...more

Shearman & Sterling LLP

New York Court Of Appeals Holds That Claims Under New York's Martin Act Are Subject To A Three-Year Statute Of Limitations

by Shearman & Sterling LLP on

On June 12, 2018, a 4-1 majority of the New York Court of Appeals held that claims under New York’s Martin Act are not governed by the six-year statute of limitations generally applicable to common law fraud claims, but...more

Cozen O'Connor

The State AG Report Weekly Update June 2018 #2

by Cozen O'Connor on

2018 AG Elections- Nevada, North Dakota, and South Carolina Hold Primary Elections; South Carolina to Hold Runoff Election for Republican Attorney General Primary Race- Nevada, North Dakota, and South Carolina held...more

Cozen O'Connor

The State AG Report Weekly Update June 2018 #1

by Cozen O'Connor on

2018 AG Elections- California, Iowa, and New Mexico Primaries Confirm Nominations of 2018 Major Party Candidates as Alabama Republicans Set Runoff Election to Determine Their 2018 Attorney General Candidate- Alabama,...more

BakerHostetler

New Jersey Attorney General’s Office Ramping Up Data Privacy and Cybersecurity Enforcement Efforts

by BakerHostetler on

The Office of the New Jersey Attorney General (AG’s Office) recently announced that it will be creating a new civil enforcement unit, known as the Data Privacy & Cybersecurity Section (DPC Section), to investigate data...more

Cozen O'Connor

The State AG Report Weekly Update May 2018 #5

by Cozen O'Connor on

2018 AG Elections- New York Democratic and Republican Parties Select Attorney General Candidates- The New York Democratic and Republican parties selected their respective Attorney General candidates during statewide...more

Harris Beach PLLC

New DOJ Policy to Curb Duplicative Penalties in White Collar Corporate Crime

by Harris Beach PLLC on

A new policy announced by Deputy Attorney General Rod J. Rosenstein modifies how penalties may be assessed by the Department of Justice (“DOJ”) regarding the pursuit and prosecution of white collar corporate crimes on both...more

Cozen O'Connor

New York Makes 11 AG Open Seat Elections In 2018…Additional Open Seats To Emerge?

by Cozen O'Connor on

The number of AG open seat elections in 2018 officially increased to 11. On May 22 Acting AG Barbara Underwood (D) was appointed by a joint session of the state Senate and Assembly to serve out the remainder of former AG Eric...more

Cozen O'Connor

The Top AG Primary Elections To Watch In June

by Cozen O'Connor on

With 31 AG elections in 2018, there could be a dramatic shift in the AG political landscape with new AGs shaping trends in AG enforcement activity and public policy initiatives at the state and federal level. June is the peak...more

Manatt, Phelps & Phillips, LLP

State AGs Continue to Supplant Weakened CFPB on Enforcement

No CFPB, no problem? State attorneys general continue to move aggressively, as shown by the Illinois action against a “pension sale” installment lender, plus a notable settlement in New Mexico with the major card networks....more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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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:

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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.
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  • 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).
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  • "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.
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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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