Brooks Pierce

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2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401, United States
Phone: (336) 373-8850
Fax: (336) 378-1001
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Education
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys
100+ Attorneys

Increased DOJ Enforcement in the Health Care Space

Health care providers and entities take note: The Department of Justice (DOJ) is increasingly focused on enforcement in the health care space. DOJ has long prioritized health care fraud, but under the prior administration…more

Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ), Elder Abuse, Electronic Medical Records

See all updates »

North Carolina Supreme Court Re-Affirms Classic View of "Blue-Pencil Doctrine" for Non-Competition Agreements

The North Carolina Supreme Court, in a long-awaited decision, reaffirmed the Court's historic view on the "blue-pencil" doctrine in North Carolina as it relates to non-competition agreements. In Beverage Systems Of The…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

See all updates »

HIPAA Requirements for Using Online Tracking Technologies—What Health Care Providers Need to Know

Health care providers should evaluate their use of “tracking technologies” on their websites and mobile applications (apps) for compliance with HIPAA.  On December 1, 2022, the Office for Civil Rights (OCR) issued a bulletin…more

Data Privacy, Data Security, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Mobile Apps

See all updates »

The New Federal Law on Corporate Transparency – What Business Owners and Their Advisors Need to Know Now - Update

This article was originally published in May 2021, and updated January 2022 and March 2023. Approved by Congress in January 2021, the Corporate Transparency Act (CTA) is a new federal law requiring many business entities to…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Governance, Corporate Transparency Act

See all updates »

You’ve Reopened Your Business After COVID-19. Now What?

As doors are re-opening and employees are returning to work, businesses should take measures to protect themselves—including their employees, customers, finances, and brand—as much as possible. Outlined below are a few measures…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Employment Policies, Families First Coronavirus Response Act (FFCRA)

See all updates »

Extra, Extra…Pay for Exempt Employees: DOL Published Final Rule on Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that began…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Investing In Qualified Opportunity Funds

The Tax Cuts and Jobs Act signed on Dec. 22, 2017, amended the tax code to encourage economic growth and investment in designated distressed communities, called qualified opportunity zones, by providing federal income tax…more

Capital Gains, Community Development, Distressed Properties, Economic Development, Federal Taxes

See all updates »

COVID’s Lasting Impacts on Construction and Real Estate Trends

The COVID-19 pandemic is impacting every facet of the economy, including commercial construction and real estate. While the depth of some of the impacts may not be known for months, if not years, there are several emerging…more

American Institute of Architects, Business Closures, CARES Act, Construction Industry, Coronavirus/COVID-19

See all updates »

Non-Competes Called Unlawful - Again

In a new memo issued by the General Counsel (GC) for the National Labor Relations Board (NLRB), “the proffer, maintenance, and enforcement of a non-compete provision” is described as a violation of Section 8 of the National…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Hiring & Firing, Labor Reform

See all updates »

Second Circuit Denies En Banc Review of Aereo Decision

The U.S. Court of Appeals for the Second Circuit denied today a petition for review, en banc, of an earlier decision by a three-judge panel of the Court that had ruled in favor of Aereo and against broadcasters in a case that…more

Aereo, Broadcasting, Entertainment Industry, Media, Telecommunications

See all updates »

Ensure Your School Policies Protect Gender Diverse Students

With an increasing number of teens and tweens identifying as transgender or nonbinary, or “gender diverse,” school districts are grappling with a number of potential issues that may not have been on their radar just a few years…more

Diversity, FERPA, Gender Discrimination, Gender Identity, Parental Rights

See all updates »

Investing In Qualified Opportunity Funds

The Tax Cuts and Jobs Act signed on Dec. 22, 2017, amended the tax code to encourage economic growth and investment in designated distressed communities, called qualified opportunity zones, by providing federal income tax…more

Capital Gains, Community Development, Distressed Properties, Economic Development, Federal Taxes

See all updates »

Social Media and Politics: What President Trump’s Recent Executive Order Means

Since 1996, Section 230 of the Communications Decency Act has provided critical protection from most liability for content posted by third parties to websites and other “interactive computer services.” This protection has been a…more

Communications Decency Act, Executive Orders, Facebook, FCC, Free Speech

See all updates »

[Webinar] AI Usage in the Workplace and the Employment Implications of the Corporate Transparency Act (CTA) - July 20th, 10:00 am PT

Brooks Pierce attorneys Beth Langley, Kemper Patton and Mark Davidson will present a labor and employment webinar on July 20 titled, “AI Usage in the Workplace and the Employment Implications of the Corporate Transparency…more

Artificial Intelligence, Beneficial Owner, Continuing Legal Education, Corporate Transparency Act, Data Privacy

See all updates »

Ten Important Changes in the N.C. Uniform Power of Attorney Act

While it may be hard for some to believe, we are rapidly approaching an important anniversary: Jan. 1, 2019 will mark one year from the date the North Carolina Uniform Power of Attorney Act (codified as Chapter 32C of the N.C…more

Durable Power of Attorney, Estate Planning, Filing Deadlines, Government Seals, Notary Certificates

See all updates »

U.S. Privacy Law Outlook: What’s on the Horizon in 2024

Following an eventful 2023, we expect that many recent legislative and enforcement trends will persist, making 2024 a similarly impactful year in the development of U.S. privacy law. These trends include but are not limited to,…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas

See all updates »

Everything is Bigger in Texas, Including the Reach of its New Consumer Data Privacy Law

Texas recently became the tenth state to pass a comprehensive consumer data privacy law when its legislature voted in favor of the Texas Data Privacy and Security Act (TDPSA). The bill was signed by Governor Greg Abbott on June…more

California, California Consumer Privacy Act (CCPA), Data Privacy, Data Protection, Data Protection Acts

See all updates »

Risk and Reward: Environmental Issues in Real Estate Development

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to…more

ASTM, CERCLA, Due Diligence, Environmental Assessments, Environmental Impact Report (EIR)

See all updates »

COVID’s Long-Term Impact: Six Unique Legal Issues Facing Businesses in 2022

The legal landscape is ever-changing, as new laws are passed or existing laws are interpreted or enforced differently. Brooks Pierce attorneys have identified some of the biggest potential legal issues that businesses need to be…more

Acquisitions, Coronavirus/COVID-19, Corporate Governance, Cybersecurity, Data Protection

See all updates »

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context..…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

See all updates »

Navigating the Uncertain Terrain of NIL Deals for Student Athletes

On July 1, 2021, the NCAA adopted an interim policy that allows any college athlete the opportunity to license their name, image and likeness (NIL), so long as they abide by applicable state law and other NCAA rules. This…more

Alston v NCAA, Name and Likeness, NCAA, SCOTUS, Student Athletes

See all updates »

Brooks Pierce Capital Dispatch: North Carolina Legislative Session Starts

The North Carolina General Assembly on Wednesday started its 2024 session with legislators focused on adjusting the second year of the biennial budget adopted last year and considering bills on other topics…more

General Assembly, Governor Cooper, Legislative Agendas, New Legislation, North Carolina

See all updates »

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context..…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

See all updates »

Guide to the COVID-19 Paycheck Protection Program and Loan Forgiveness

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, has been passed by Congress and awaits signature by the President. The CARES Act includes the much anticipated Paycheck Protection Program (PPP),…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Popular

See all updates »

Farmers, Start Preparing: USDA to Begin Accepting Applications for Coronavirus Relief Payments on May 26

The USDA will begin accepting applications for direct payments to farmers Tuesday, May 26. These payments originate from the USDA Coronavirus Relief Fund Program (CFAP) that aims to reimburse farmers who have lost revenue from…more

Agricultural Sector, Applications, Crops, Farm Service Agency (FSA), Farms

See all updates »

Guide to Golden LEAF Rapid Recovery Loan Program

The Golden LEAF Foundation is providing $15 million in funding to launch a rapid recovery loan program in response to economic losses for small businesses related to COVID-19. The program is being launched by a consortium of…more

Coronavirus/COVID-19, Private Foundations, Small Business Loans, State and Local Government

See all updates »

Changes to the North Carolina Rules of Civil Procedure Take Effect Oct. 1, 2020

If opposing counsel sends you discovery or a pleading by email, it is no longer just a courtesy copy. Beginning Thursday, Oct. 1, 2020, that email effects service under the North Carolina Rules of Civil Procedure..…more

Coronavirus/COVID-19, Discovery, Electronic Filing, Email, Pleadings

See all updates »

Proposed IRS Valuation Rules Could Have Major Impact on Family Wealth Transfers

New rules proposed by the IRS on August 2 could severely limit or eliminate the use of discounts commonly applied to value interests in family businesses for tax purposes. These discounts, which have been approved in numerous…more

Business Valuations, Estate Planning, Family Businesses, IRS, Transfer of Assets

See all updates »

COVID’s Long-Term Impact: Six Unique Legal Issues Facing Businesses in 2022

The legal landscape is ever-changing, as new laws are passed or existing laws are interpreted or enforced differently. Brooks Pierce attorneys have identified some of the biggest potential legal issues that businesses need to be…more

Acquisitions, Coronavirus/COVID-19, Corporate Governance, Cybersecurity, Data Protection

See all updates »

Brooks Pierce Capital Dispatch: North Carolina Legislative Session Starts

The North Carolina General Assembly on Wednesday started its 2024 session with legislators focused on adjusting the second year of the biennial budget adopted last year and considering bills on other topics…more

General Assembly, Governor Cooper, Legislative Agendas, New Legislation, North Carolina

See all updates »

Considerations for Customers Distressed Due to COVID-19

When a company’s customers declare bankruptcy, the company faces significant risk. These risks range from the obvious—for example, nonpayment of past-due invoices—to the not-so-obvious—e.g., preferential and voidable transfer…more

Bankruptcy Preferences, Coronavirus/COVID-19, Distressed Debt

See all updates »

DOJ Leak Investigations Raise First Amendment Concerns

Many journalists, constitutional lawyers, and plain old average Americans have expressed alarm at recent revelations about the Obama Administration’s “unprecedented number of leak investigations.”…more

Barack Obama, Conspiracies, Department of Justice (DOJ), Espionage Act, First Amendment

See all updates »

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations Act…more

Confidentiality Policies, Employees, Employer Liability Issues, Employment Litigation, Former Employee

See all updates »

OSHA Launches National Emphasis Program Targeting Heat-Related Workplace Illness and Injuries

As the temperatures rise, so will pressure on employers to monitor and address heat-related concerns in the workplace.  Identifying heat illness and its related risks, including death, as a “top priority” for enforcement,…more

Employer Liability Issues, Heat Exposure, Inspections, NEP, OSHA

See all updates »

Five Lessons Learned From a Lifetime in the Courtroom

I have spent my 43-year legal career in the courtroom as a litigator, including participating in more than 75 trials and 125 appeals. During this time, I have seen the science and psychology of trials evolve. In many cases,…more

Client Representation, Client Services, Law Firm Associates, Law Firm Partners, Law Practice Management

See all updates »

FTC Issues Final Rule Banning Most Non-Competes; Legal Challenges Underway

On Tuesday, April 23, the Federal Trade Commission (FTC) issued a proposed final rule banning most non-compete agreements between an employer and its workers. The Final Rule aims to have a significant impact on the future of…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

Is It Time For Your Company to Hire In-House Counsel?

Your company has seen nice growth over the past five years – revenues are up, you are employing more people and you see new opportunities ahead. You are beginning your budget planning for next year. Originally published in…more

Corporate Counsel, Early Stage Companies, Entrepreneurs, Small Business

See all updates »

What is Hemp? Is It Even Legal?

Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market will…more

Agricultural Sector, Banking Sector, Cannabidiol (CBD) oil, Cannabis Products, Commercial Tenants

See all updates »

PFAS Regulatory Developments and Risk Considerations for Manufacturers 

I. Overview of Federal Regulatory Developments Related to PFAS - Federal government activities with respect to regulation of PFAS in 2021, which will likely carry forward through 2024 include the following: Environmental…more

CERCLA, Effluent Limitations, Environmental Protection Agency (EPA), Executive Orders, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

U.S. Privacy Law Outlook: What’s on the Horizon in 2024

Following an eventful 2023, we expect that many recent legislative and enforcement trends will persist, making 2024 a similarly impactful year in the development of U.S. privacy law. These trends include but are not limited to,…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas

See all updates »

Music Law 101: Common Music Licenses

In our previous posts in our Music Law 101 series, we have covered the basics of copyright law, including the scope of copyright protection, copyright ownership, the exclusive rights of copyright, the duration of copyright…more

Compulsory Licenses, Copyright, Intellectual Property Protection, IP License, Music

See all updates »

VTubing: Legal Protections and Pitfalls

While streaming has taken off as a new entertainment vertical, particularly during the pandemic, streamers face many challenges. When streamers take time off from their regular broadcast schedules, they lose viewers and…more

Copyright, Intellectual Property Protection, Internet Streaming, Legal Entities, Liability

See all updates »

Implications for Employers Following the Supreme Court’s Latest Civil Rights Decisions

In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision…more

Affirmative Action, Bias, Civil Rights Act, College Admissions, Colleges

See all updates »

Federal Executive Order on Artificial Intelligence

On Oct. 30, 2023, the president issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The 117-page order includes a range of directives, many of which are aimed at…more

Artificial Intelligence, Biden Administration, Cybersecurity, Data Privacy, Data Security

See all updates »

Federal And State Protections For Nonprofits Navigating The COVID-19 Pandemic

The COVID-19 pandemic creates a unique set of circumstances for nonprofits. Many of them are facing similar challenges to for-profit businesses — how to manage employees working remotely, dealing with declining revenue — but…more

CARES Act, Economic Injury Disaster Loans, Executive Orders, Governor Cooper, IRS

See all updates »

Faith-Based Organization Eligibility For SBA Loans Under CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (CARES) enacted on March 27, 2020 contained several provisions related to the provision of loans by the Small Business Administration (SBA), including loans under the…more

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

See all updates »

Risk and Reward: Environmental Issues in Real Estate Development

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to…more

ASTM, CERCLA, Due Diligence, Environmental Assessments, Environmental Impact Report (EIR)

See all updates »

DOL Rules Invalidated

A federal court in New York has invalidated portions of emergency Department of Labor (DOL) regulations that employers have been using to create their policies and determine whether to grant leave under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Documentation, EFMLA, Families First Coronavirus Response Act (FFCRA)

See all updates »

What North Carolina Businesses Need to Know About the California Consumer Privacy Act

Consumer privacy laws enacted on the other side of the country could have big implications for businesses here in North Carolina. On January 1, 2020, the California Consumer Privacy Act (CCPA) will take effect. This is a…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Protection

See all updates »

FTC Issues Final Rule Banning Most Non-Competes; Legal Challenges Underway

On Tuesday, April 23, the Federal Trade Commission (FTC) issued a proposed final rule banning most non-compete agreements between an employer and its workers. The Final Rule aims to have a significant impact on the future of…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

Investing In Qualified Opportunity Funds

The Tax Cuts and Jobs Act signed on Dec. 22, 2017, amended the tax code to encourage economic growth and investment in designated distressed communities, called qualified opportunity zones, by providing federal income tax…more

Capital Gains, Community Development, Distressed Properties, Economic Development, Federal Taxes

See all updates »

Extra, Extra…Pay for Exempt Employees: DOL Published Final Rule on Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that began…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Guide to Golden LEAF Rapid Recovery Loan Program

The Golden LEAF Foundation is providing $15 million in funding to launch a rapid recovery loan program in response to economic losses for small businesses related to COVID-19. The program is being launched by a consortium of…more

Coronavirus/COVID-19, Private Foundations, Small Business Loans, State and Local Government

See all updates »

North Carolina Legislators Enact COVID-19 Relief Bill 3.0

The North Carolina General Assembly left Raleigh on Sept. 3 after passing a bill to appropriate additional federal COVID relief funds. This Session was in addition to those held in late April and June that also focused on…more

Coronavirus/COVID-19, Federal Funding, Financial Stimulus, Legislative Agendas, New Legislation

See all updates »

U.S. Department of Education Unveils a New Landscape for Addressing Sex Discrimination in Schools

On April 19, 2024, the U.S. Department of Education released its final changes to the Title IX regulations. The new rules will go into effect on August 1, 2024. “Title IX” refers to Title IX of the Education Amendments of 1972,…more

Department of Education, Discrimination, Educational Institutions, Federal Funding, New Regulations

See all updates »

Brooks Pierce Capital Dispatch: North Carolina Legislative Session Starts

The North Carolina General Assembly on Wednesday started its 2024 session with legislators focused on adjusting the second year of the biennial budget adopted last year and considering bills on other topics…more

General Assembly, Governor Cooper, Legislative Agendas, New Legislation, North Carolina

See all updates »

COVID-19 Hero Highlights: Cape Fear Distillery Turns Spirits to Sanitizer

This article is part of a series in which Brooks Pierce highlights clients that are going above and beyond to help combat the effects of the COVID-19 crisis in their communities. Three months ago, Cape Fear Distillery® in…more

Coronavirus/COVID-19, Distilleries, First Responders, Health and Safety, Public Health

See all updates »

COVID-19 Hero Highlights: Biscuitville Provides Southern Hospitality to Frontline Workers, Students

This article is part of a series in which Brooks Pierce highlights clients that are going above and beyond to help combat the effects of the COVID-19 crisis in their communities. Biscuitville, a Greensboro, North…more

Charitable Donations, Coronavirus/COVID-19, Emergency Medical Services (EMS), Essential Workers, First Responders

See all updates »

Changes to the North Carolina Rules of Civil Procedure Take Effect Oct. 1, 2020

If opposing counsel sends you discovery or a pleading by email, it is no longer just a courtesy copy. Beginning Thursday, Oct. 1, 2020, that email effects service under the North Carolina Rules of Civil Procedure..…more

Coronavirus/COVID-19, Discovery, Electronic Filing, Email, Pleadings

See all updates »

Plan Sponsors, Beware This Benefit Plan Pitfall…

Do you know who is responsible for administering your ERISA employee benefit plans, including who has the authority to resolve claims for benefits under each plan? Do your plan documents reflect your actual administrative…more

Benefit Plan Sponsors, De Novo Standard of Review, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

NC Governor Cooper Signs COVID-19 Recovery Act Impacting Public Education

On April 24, 2020, Governor Cooper closed schools for in-person instruction for the remainder of the 2019–2020 school year. On May 4, 2020, the Governor signed into law the COVID-19 Recovery Act (the “Act”), effective…more

Coronavirus/COVID-19, Governor Cooper, Public Schools, State and Local Government, Students

See all updates »

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    • 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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