News & Analysis as of

Public Access Laws

Locke Lord LLP

Record Levels of Open Records Activity in Texas—Are Legislative Changes on the Horizon?

by Locke Lord LLP on

Texas Attorney General Ken Paxton announced in a press release that the Open Records Division of the Office of the Attorney General (OAG) handled a record number of Texas Public Information Act (TPIA) requests and issued an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Dunks on Businesses With Websites

In its second pro-plaintiff decision in as many months, the Eleventh Circuit Court of Appeals has held that blind website accessibility plaintiffs need not show that difficulty using a place of public accommodation’s website...more

Franczek Radelet P.C.

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

by Franczek Radelet P.C. on

Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

Seyfarth Shaw LLP

Second Equipment Compliance Deadline For Movie Captioning And Audio Description Rule Has Arrived

by Seyfarth Shaw LLP on

June 2, 2018 marked the second compliance deadline for movie theatres with auditoriums showing digital movies to comply with the ADA Title III Movie Captioning and Audio Description Rule....more

Weiner Brodsky Kider PC

AGs Urge CFPB to Keep Consumer Complaint Database Open to the Public

by Weiner Brodsky Kider PC on

On June 4, a group of 14 Democratic Attorneys General submitted a letter to the CFPB urging the agency to maintain public access to the consumer complaint database. The letter is a response to the CFPB’s request for feedback...more

Franczek Radelet P.C.

PAC Determines School Board’s Closed Session Did Not Violate OMA

by Franczek Radelet P.C. on

On April 12, the Public Access Counselor (“PAC”) issued a determination finding that a School District did not violate the Open Meetings Act (“OMA”) by holding a closed session to discuss the actions and interactions with an...more

Stinson Leonard Street

Congress Considers Changes to Americans with Disabilities Act to Prevent Serial Lawsuits

by Stinson Leonard Street on

Lawsuits against businesses alleging minor violations of the Americans with Disabilities Act (ADA), often filed in bulk by a small cadre of attorneys on behalf of the same plaintiffs, are on the rise both nationally and in...more

Ballard Spahr LLP

Cosby Case Highlights Role of Public Access to Court Records

by Ballard Spahr LLP on

The April 2018 criminal trial of iconic entertainer and "America's Dad" Bill Cosby has ended with a guilty verdict. ...more

Seyfarth Shaw LLP

Theatre Must Provide Captioning For All Live Performances Says Federal Judge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Minnesota federal judge orders a theatre to provide, upon request, captioning services for the deaf for all theatrical performances....more

Franczek Radelet P.C.

Attorney General Decision Finds School Board’s Closed Session Did Not Violate OMA

by Franczek Radelet P.C. on

On April 12, the Assistant Attorney General (“AAG”) at the Public Access Bureau issued a letter finding that a School District did not violate the Open Meetings Act (“OMA”) by holding a closed session to discuss a board...more

Farrell Fritz, P.C.

Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks

by Farrell Fritz, P.C. on

In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division, First Department, panel attempted to clarify the authority of the New York City Landmarks Preservation Commission...more

Cozen O'Connor

Navigating Pennsylvania’s New Public Access Policy For Family Law Matters

by Cozen O'Connor on

The State of Pennsylvania recently enacted a new public access policy, 204 Pa. Code §213.81, to address the conflict between providing the public online access to Court filings and protecting private information. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Proposed Pepsi Center Consent Decree Requires Open Captioning at Games and Concerts

In a proposed consent decree submitted for preliminary approval to the federal district court in Denver on December 29, 2017, the owners and operators of the Pepsi Center arena in Denver reached an agreement with a proposed...more

Littler

Back to the Future: California Employment Bills Likely to Resurface in 2018

by Littler on

As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more

Franczek Radelet P.C.

End-of-Year Decisions by The PAC Provide Cautionary Notes to Public Bodies

by Franczek Radelet P.C. on

In the last month and a half of 2017, the Public Access Counselor of the Illinois Attorney General’s Office issued three binding opinions, one addressing the Open Meetings Act (OMA) and two addressing the Freedom of...more

McNees Wallace & Nurick LLC

Public Access Policy Requirements Begin January 6, 2018

Effective on January 6, 2018, the PA Supreme Court’s “Public Access Policy” adds significant new requirements related to information contained in documents filed in Pennsylvania’s courts, including the Orphans’ Court Division...more

Best Best & Krieger LLP

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

by Best Best & Krieger LLP on

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Ballard Spahr LLP

New York Governor Bolsters Freedom of Information Law

by Ballard Spahr LLP on

Champions of government oversight notched a significant win this week as New York Governor Andrew Cuomo signed legislation strengthening that state's Freedom of Information Law (FOIL). ...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - December 2017

by Hinshaw & Culbertson LLP on

Amendments to the State Officials and Employees Ethics Act - On November 17, 2017, the governor signed into law two measures that address sexual harassment in the Illinois state Capitol. Applicable to local governmental...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Serial Plaintiffs’ Lawyer Commences Latest Round of Hotel Litigation: How Can Hotels Protect Themselves?

Just as one flood of lawsuits against Arizona businesses finally dries up, another downpour begins. Peter Strojnik of Phoenix, the same attorney who filed more than 1,100 lawsuits that drew the attention of the Arizona...more

Chambliss, Bahner & Stophel, P.C.

Government's Duty to Accommodate People with Disabilities in Natural Disasters

Hurricanes, floods and wildfires have ravaged large swaths of the U.S. this year. Every major natural disaster disproportionately harms society’s most vulnerable populations, particularly people with disabilities....more

Farrell Fritz, P.C.

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

by Farrell Fritz, P.C. on

In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon  (“Lot 18”) against trespassers.  The landowner sought to erect crash...more

Farrell Fritz, P.C.

FOIL Follies- Draft Plans Once Submitted Must Be Made Available

by Farrell Fritz, P.C. on

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law. ...more

Bradley Arant Boult Cummings LLP

Email Discussions May Be Next: Mississippi Supreme Court Declares Closed-Door “Non-Quorum” Meetings Illegal

The Mississippi Open Meetings Act provides that “the formation and determination of public policy is public business and shall be conducted in open meetings.” Notwithstanding this command, some public boards in Mississippi...more

Pepper Hamilton LLP

Thinking Outside the Four Walls of a Premises

by Pepper Hamilton LLP on

Before submitting a letter of intent (LOI) for a new commercial lease, a tenant should consider whether it has special business needs that must be incorporated in the lease. These include lease provisions necessary for the...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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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?

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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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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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