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Best Practices

Holland & Hart - Persuasion Strategies

Use Present Tense

You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...more

Broadcat

Yes, you should give your employees compliance checklists. Here's why.

by Broadcat on

If you’ve been doing compliance for a while, you’ve probably had someone from your business ask you for a compliance checklist or flowchart that makes it easier for them to comply. And that request might have made you...more

Burns & Levinson LLP

The Benefits of the NIST Cybersecurity Framework for the Private Sector

by Burns & Levinson LLP on

Organizations of all types are increasingly subject to data theft and loss, whether the asset is customer information, intellectual property, or sensitive company files. The federal government and, thus, its private...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Best Practices in Commercial Real Estate: Commitment Letter

Commercial Real Estate Loan Documentation Best Practices - PART 1: Commitment Letter - Following credit approval, the formal real estate lending process typically starts with a commitment letter which seeks to...more

Holland & Hart - Persuasion Strategies

See the Threads of Conspiracy Thinking

As our team was conducting a recent social media analysis on a jury pool, one particular potential juror stood out. He was, as he proudly proclaimed in his public online messages, a “flat-earther.” And this belief of his,...more

Ary Rosenbaum

It could be you

by Ary Rosenbaum on

Prior to starting my own law firm, I made many different employer changes over the years to the point that my position as the managing attorney of myown law firm is the longest time I’ve been employed at one place and that’s...more

Thomson Reuters Financial & Risk

Bribery and corruption: Know your ABC

Bribery and corruption remain a huge challenge for organizations, as shown by recent FCPA enforcement action. How is it possible to ensure anti-bribery and corruption (ABC) programs detect risks in third-party relationships?...more

Jackson Walker

Employee Privacy and Background Checks (Presentation)

by Jackson Walker on

Please see full Presentation below for more information on Employee Privacy Rights and Background Checks....more

Zapproved LLC

What Is Data Mapping, and Why Does It Matter in Ediscovery?

by Zapproved LLC on

How a comprehensive data map prepares organizations for all stages of ediscovery - What is data mapping? Data mapping is the process of creating a comprehensive inventory of an organization’s data. Data maps for...more

Dentons

2019 Banking Code of Practice Update

by Dentons on

The new Banking Code of Practice (2019 Code) comes into effect on 1 July 2019. The 2019 Code has been referred to in the Royal Commission’s Interim Report and is expected to be part of a reform agenda to improve banking...more

Fisher Phillips

Asking “What Makes You Stay?” How Stay Interviews Can Improve Employee Retention And Productivity

by Fisher Phillips on

Hiring interviews and exit interviews are a very common, if not completely unavoidable, part of any employer’s business operations. What is less known and less talked about, however, are stay interviews—even though they could...more

Wilson Elser

You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation

by Wilson Elser on

Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong. Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead...more

White & Case LLP

Strategies for protecting Taiwanese businesses from cross-border risks: How to manage multijurisdictional compliance...

by White & Case LLP on

Taiwanese businesses operating in a global context need strong mechanisms to investigate and manage potential cross-border misconduct - As a company's business grows globally, inevitably the company will become subject to...more

Seyfarth Shaw LLP

Fiduciary Duty With Respect To Trade Secret Asset Management

by Seyfarth Shaw LLP on

Trade Secret’s New Found Prominence: As we both have written previously, the changing nature of technology, product development and sales, and the patent enforcement landscape, have given trade secrets a new-found...more

Ary Rosenbaum

Speak up or it won’t get better

by Ary Rosenbaum on

Many years ago, I was an associate at a law firm that worked with a third party administration (TPA) firm. One of the owners of the TPA was also the attorney who was my boss. During my single days, I had plenty of time and I...more

Holland & Hart - Persuasion Strategies

Understand the Binary Bias

How do humans assess large sets of evidence? We start by simplifying and internally summarizing. One of the main ways we do that is to boil the information down to a limited number categories, usually two. For example, let’s...more

K&L Gates LLP

OnRisk: Insurance for Cyber Risk in M&A Transactions - A HUB Talks Podcast

by K&L Gates LLP on

Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more

McManis Faulkner

Hackers are Vampires - Keep Them from Feeding on Your Private Information

by McManis Faulkner on

According to myth, vampires can only enter your home if you let them in. Hackers, the vampires of cyber-world, are out there, waiting for you to ‘invite’ them in so they may feed on your private information. There is no...more

Baker Ober Health Law

DOJ Settlement Highlights False Claims Act Risk for Skilled Nursing Facilities

by Baker Ober Health Law on

The Department of Justice (DOJ) recently announced a $10 million settlement in a False Claims Act (FCA) qui tam lawsuit against Southern SNF Management, Inc. (Southern) and related skilled nursing facilities. The lawsuit...more

Ary Rosenbaum

There are no guarantees in this business

by Ary Rosenbaum on

I was in college and a political friend guaranteed that if we formed a political party to take over the student government, we all would win. We lost because we didn’t know the lengths our opponents would take to beat us...more

Bryan Cave Leighton Paisner

A Mistake a Day: Top 5 401(k) Compliance Mistakes & Best Practices

by Bryan Cave Leighton Paisner on

Last week, we discussed four of the five most common compliance mistakes made by 401(k) plan administrators and fiduciaries, the potential liability associated with such mistakes, and steps you can take to avoid making them...more

Thomas Fox

Building an Ethical Organization

by Thomas Fox on

What allows major ethics and compliance scandals to continue to hit multinational organizations? When it involves bribery and corruption, the likelihood of a lengthy, extensive and expensive Foreign Corrupt Practices Act...more

Norris McLaughlin, P.A.

EEOC Recommends Revamping Workplace Culture to Prevent Harassment

by Norris McLaughlin, P.A. on

For some time now, and particularly since issuing the report on its Select Task Force’s Study of Harassment in the Workplace, the EEOC has become increasingly active in pursuing harassment litigation. In addition, the EEOC...more

CloudNine

eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Three

by CloudNine on

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. He has also been a great addition to our webinar program, participating with me on...more

Holland & Hart - Persuasion Strategies

Make It Chunky: Eight Best Practices for a Structure that Sticks

It is one of those factors of advocacy that is understood at a basic level, but not practiced at an effective level: Structure. Whenever you are verbally presenting — opening statement, closing argument, oral argument, CLE’s...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.

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Collection of Information

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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 We Protect Your Information

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Children's Information

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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.
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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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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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.