Arnall Golden Gregory LLP

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171 17th Street NW
Suite 2100
Atlanta, GA 30363, United States
Phone: 404.873.8500
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • D.C.
  • Georgia
Number of Attorneys
200+ Attorneys

A Summary of Housing Related Provisions in the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is designed to help address the nation’s efforts to mitigate the economic effects of COVID-19. The CARES Act was signed into law on Friday, March 27,…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Forbearance Agreements, Foreclosure

See all updates »

New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Work With Me: EEOC Issues Final Rule Interpreting the Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced its Final Rule implementing the Pregnant Workers Fairness Act (“PWFA”), which went into effect in June 2023. Unless it is blocked by legal…more

Employee Rights, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Pregnancy

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Lease Issues - From the Landlord's Perspective

The last year has been a challenging time and it begs the question, from the landlord’s perspective, what have we learned? One thing for sure is that the average lease, a document that seems (for most landlords) to be like that…more

Commercial Leases, Commercial Tenants, Landlords, Leases, Tenants

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Do You Get To Keep Your Roth IRA Even if You File Bankruptcy? In Georgia, Yes, Says the Eleventh Circuit

In an issue of first impression, the Eleventh Circuit Court of Appeals has ruled that a Roth IRA is not property of a bankruptcy estate in Georgia. Hoffman v. Signature Bank of Georgia, Case No. 20-12823 (11th Cir. Jan. 24,…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Creditors, Debtors

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The Pitch - February 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Artists, Athletes, Celebrities, Copyright, Entertainment Industry

See all updates »

FAQs Continue to Provide Additional Guidance for Providers Evaluating the Retention of CARES Act Provider Relief Funds: The Question of Materiality and the Importance of Recordkeeping and Corporate Documentation

The most common question among providers concerns the retention of CARES Act Provider Relief Funds (the “Relief Funds”) distributed by the Department of Health and Human Services (“HHS”) as part of its initial General…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Relief Measures

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D.C. Circuit Vacates and Grants En Banc Review of Decision That Declared CFPB Unconstitutional

In an order on February 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated the panel decision and granted the petition by the Consumer Financial Protection Bureau for an en banc rehearing in PHH…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, En Banc Review, PHH Corp. v CFPB

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I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - FDA Regulated Natural Products: Leveraging IP and Regulatory Requirements to Maximize Possible Return on Investment

AGG Dietary Supplements team leader Kevin M. Bell and team member Robert Durkin discuss some of the more interesting issues and challenges they have encountered when working with clients to ensure they maximized opportunities to…more

Dietary Supplements, Food and Drug Administration (FDA), IP Portfolio, Natural Products, Regulatory Requirements

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California Federal District Court Rules That AGG Clients’ Case Against Cigna for Institutional Practice of Under-Reimbursing Healthcare Claims Warrants a Trial on the Merits

U.S. District Court Judge David O. Carter ruled in favor of AGG’s clients on March 18, 2024, in a case involving “matters of widescale public concern” and a strong “public interest in access” to some of Cigna’s most coveted…more

Conflicts of Interest, Employee Retirement Income Security Act (ERISA), Evidence, Health Care Providers, Health Insurance

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OIG Advisory Opinion Determines “Carve Out” Arrangement Limited to Commercially Insured Patients May Violate the Anti-Kickback Statute

On September 25, 2023, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued an unfavorable Advisory Opinion No. 23-06 related to a proposed arrangement involving purchasing the technical…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Health Care Providers, Life Sciences, OIG

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The Devil’s in the Details: Hospice Providers Face Claim Denials for Election Statement Technicalities

Since the Centers for Medicare & Medicaid Services (“CMS”) paused much of its audit activity during the COVID Public Health Emergency, the most recent rounds of Medicare audit activity may represent the first “look” at the new…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Home Health Care, Hospice, Medicare

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Strategies for Managing Tenant Problems

Property managers are usually the first point of contact when tenant problems arise. As the facilitator of the landlord and tenant relationship, property managers must take steps to prevent, address and deescalate tenant…more

Landlords, Property Managers, Tenants

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Standard is Not Always Fair - Six Questions Owners Should Answer Before Entering a Construction Contract

Construction documents, whether for a new building project or for a build out of tenant improvements, can be quite involved and perhaps a little daunting to an owner presented with “standard” American Institute of Architects…more

American Institute of Architects, Construction Contracts, Construction Disputes, Construction Industry, Contractors

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SCOTUS Alert: Muldrow Moves the Title VII Bar

On April 17, 2024, the Supreme Court of the United States ruled in Muldrow v. St. Louis that Title VII of the Civil Rights Act prohibits discriminatory job transfers, even if the harm is not “significant.”…more

Civil Rights Act, Employee Transfers, Employment Litigation, Lateral Transfers, Muldrow v City of St Louis

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AGG Talks: Cross-Border Business - Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of…more

Attorney General, Cross-Border Transactions, Franchises, Securities and Exchange Commission (SEC), State Attorneys General

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News from AGG's Retail industry Team - Winter Edition

How much is that Facebook page worth to your Business? At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little…more

Accessibility Rules, Americans with Disabilities Act (ADA), Facebook, Landlords, Pop-Up Stores

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AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay

In this episode AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss commercial payor litigation. Jason, Rich, and Damon offer a primer for…more

Commercial General Liability Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

News from AGG's Retail Industry Team - Summer Edition

Enforceability of Electronic Agreements in Real Estate Transactions - Increasingly, and not surprisingly, more and more transactions are being created, negotiated, finalized and executed electronically. From a real estate…more

Commercial Leases, Electronic Agreements, Landlords, Real Estate Market, Rent

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New York Passes Law Targeting Healthcare Transactions

On May 3, 2023, New York Governor Kathy Hochul signed into law (the “New Law”) a bill that requires certain “health care entities” to disclose proposed “material transactions” to the New York State Department of Health (“DOH”)…more

Health Care Providers, Healthcare Facilities, New York, Private Equity, Transaction Reporting

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Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify. …more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

The Pitch - November 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Artificial Intelligence, Artists, Athletes, Celebrities, Copyright

See all updates »

Fourth Circuit Weighs In on Whether International Commercial Arbitration Panels Are Tribunals

An important question in international commercial arbitrations—whether parties have a statutory means to take discovery in the United States—has been addressed by another U.S. Court of Appeals, paving the way for the Supreme…more

Arbitration, Discovery, Dispute Resolution, International Arbitration

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AGG Talks: Cross-Border Business - Episode 12: A General Counsel’s Map for International Business Expansion - Part 2

In this two-part episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International Initiative, is joined by Allison Raley, AGG Emerging Technologies and Women in Tech Law co-chair, to discuss what general…more

Business Development, Cross-Border Transactions, Emerging Technologies, Emerging Technology Companies, Firm Leadership

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AGG's CARES Act Webinar

As we continue to learn more about the Coronavirus Aid, Relief and Economic Security Act (CARES Act), we are committed to sharing our knowledge and understanding of the bill with our clients. In this webinar, we provided a…more

CARES Act, Compliance, Coronavirus/COVID-19, Employee Benefits, FEMA

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DOL Increases Salary Threshold in FLSA Overtime Rule

On April 23, 2024, the U.S. Department of Labor issued a Final Rule, “Defining and Delimiting the Exemptions for Executive, Professional, Outside Sales, and Computer Employees” (the “Final Rule”), that raises the salary…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees, Minimum Salary

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AGG Food & Drug Newsletter - January 2022

Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from…more

Advertising, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates

See all updates »

AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?

In this episode, AGG partner and co-chair of the firm’s Background Screening industry team, Henry R. Chalmers, provides insights on the FCRA’s preemption of state laws and why this is relevant to your business and legal…more

Commerce Clause, Credit Reporting Agencies, Fair Credit Reporting Act (FCRA), Preemption, State Law Claims

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OIG Approves Arrangement Regarding Patient Assistance Funds for Patients With Certain Rare Diseases, Pending Medicare Part D Changes

The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-02 (the “Opinion”) to a nonprofit organization that provides financial…more

Anti-Kickback Statute, Cost-Sharing, Department of Health and Human Services (HHS), Medicare, Medicare Part D

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Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules…more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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Practical Considerations to Prepare for the Implementation of the Corporate Transparency Act

This is the second installment in our ongoing series of client alerts on the Corporate Transparency Act (the “CTA”). The previous client alert in this series discussed the reporting requirements of the CTA, which will go into…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Regulatory Requirements, Reporting Requirements

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A Summary of Housing Related Provisions in the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is designed to help address the nation’s efforts to mitigate the economic effects of COVID-19. The CARES Act was signed into law on Friday, March 27,…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Forbearance Agreements, Foreclosure

See all updates »

AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay

In this episode AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss commercial payor litigation. Jason, Rich, and Damon offer a primer for…more

Commercial General Liability Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

AGG Talks: Women in Tech Law - Episode 1: Charting the Course: Women Trailblazing in Cybersecurity and Crisis Governance

In this episode, Allison Raley, AGG’s Women in Tech Law co-chair, is joined by Susan Lam, chief risk officer of Bakkt, to discuss the path to cybersecurity and risk roles, including specific training and educational programs to…more

Consumer Privacy Rights, Crisis Management, Cybersecurity, Data Privacy, Data Protection

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Over-the-Counter (OTC) Monograph Reform Momentum Strong in 2019: Federal Legislation Update in the New 116th Congress

Recent developments in Congress deserve the attention of companies with over-the-counter drug products. Major legislation addressing comprehensive reform of the OTC drug monograph process, which nearly passed last year, has been…more

Food and Drug Administration (FDA), Over The Counter Drugs (OTC), Over-the-Counter Sales, Pharmaceutical Industry

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New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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DOJ Announces New Safe Harbor Policy for Mergers and Acquisitions

As part of a continuing and extensive effort this year to update and strengthen Department of Justice (“DOJ”) policies aimed at deterring corporate misconduct, the DOJ announced on October 4, 2023, that it was implementing a new…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Safe Harbors, Voluntary Disclosure

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FDA Announces End of Sales of PFAS Used in U.S. Food Packaging

The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the U.S…more

Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Manufacturers, PFAS

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The Pitch - February 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Actors, Amazon, Artificial Intelligence, Class Action, Copyright

See all updates »

AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International Initiative, is joined by Anuj Desai, AGG Intellectual Property partner and head of Trademarks, to discuss the steps non-U.S. companies…more

Foreign Corporations, Intellectual Property Protection, Trademark Application, Trademark Infringement, Trademark Litigation

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Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:…more

ASTM, CERCLA, Contaminated Properties, Environmental Liability, Environmental Policies

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Love Is Like Oxygen (Unless FDA Thinks You Get Too Much, You Get Too High): FDA Issues a Warning Letter to a Medical Device Company for Unlawful Promotion

One of the catchiest songs written by the 1970s British glam rock band, Sweet, is “Love Is Like Oxygen,” released in 1978. The chorus includes the lyrics, “Love is like oxygen; you get too much, you get too high.” Apparently,…more

510(k) RTA, Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices

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Preparing for Litigation in the U.S.

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market…more

Business Development, Corporate Counsel, Discovery, Foreign Corporations, Litigation Fees & Costs

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Changing With the Times: OIG’s New “General Compliance Program Guidance” Expands Focus to New Industry Stakeholders and Updates OIG’s Expectations for Compliance Programs

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently published a new resource titled General Compliance Program Guidance (“GCPG”), which is described as a reference guide for the…more

Compliance, Health Care Providers, Healthcare Facilities, Hospitals, OIG

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CFPB Proposes a Rule on Personal Financial Data Rights

The fourth quarter of 2023 has seen significant proposed rulemaking from regulators. Just over a week after the Federal Trade Commission issued its Notice of Proposed Rulemaking on its “junk fees” rule, the Consumer Financial…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Data Privacy, Data Protection

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News from AGG's Retail Industry Team - Summer Edition

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,…more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Commercial Leases, E-Commerce, Foreclosure

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FDA Announces End of Sales of PFAS Used in U.S. Food Packaging

The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the U.S…more

Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Manufacturers, PFAS

See all updates »

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify. …more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay

In this episode AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss commercial payor litigation. Jason, Rich, and Damon offer a primer for…more

Commercial General Liability Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

Legal Issues Business Leaders Need to Know in 2018

In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in…more

Civil Investigation Demand, Consumer Financial Protection Bureau (CFPB), Cybersecurity, Department of Labor (DOL), Employer Liability Issues

See all updates »

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify. …more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

CMS Announces the Innovation in Behavioral Health Model

Overview - The Centers for Medicare & Medicaid Services (“CMS”) is launching a new model aimed at improving the quality of care and health outcomes for individuals with behavioral health (“BH”) problems. The model, announced on…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicaid, Mental Health, Substance Abuse

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Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules…more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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SBA’s “October Surprise” Forces PPP Borrowers and Lenders to Complete Loan Forgiveness and Establish Escrow Accounts to Circumvent SBA Prior Approval for Most “Change of Ownership” Deals

In a significant development for the mergers and acquisitions (“M&A”) community, the U.S. Small Business Administration (“SBA”) issued a “Procedural Notice” which affects the requirement for companies involved in the buying or…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Loans

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North Carolina Proposes Major Reform to the CCRC Act

As the North Carolina General Assembly prepares for its short session beginning April 24, 2024, one of the focal points will be Senate Bill 145 (House Bill 170), the Continuing Care Retirement Communities Act (the “Act”), which…more

Assisted Living Facilities (ALFs), Health Care Providers, Long Term Care Facilities, Long-Term Care, North Carolina

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Restructuring Roundup - November 2021

Industry News - Elon Musk Tells SpaceX Employees That Starship Engine Crisis Is Creating a ‘Risk of Bankruptcy'... Aeroméxico files Amended Plan of Reorganization..…more

Bankruptcy Court, Boy Scouts, Chapter 11, Commercial Bankruptcy, Elon Musk

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Government Investigations Team Insights - September 2023

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has…more

Anti-Retaliation Provisions, Appellate Courts, Evidence, False Claims Act (FCA), Government Investigations

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Stop, Collaborate and Listen (to Four Things About Collaboration Agreements)

A key part of the life sciences ecosystem, collaboration agreements help make expensive innovation possible. When they’re well-drafted, they can help collaborating parties pool their resources to more efficiently turn ideas into…more

Collaboration, Corporate Finance, Corporate Governance, Licensees

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UPDATE: CMS Finalizes Rule Requiring Greater SNF Ownership Transparency, Including Private Equity and REIT Disclosures, and Updates Form CMS-855A

The Centers for Medicare & Medicaid Services (“CMS”) released a final rule on November 15, 2023 (published on November 17, 2023) (the “Rule”), requiring greater skilled nursing facility (“SNF”) ownership transparency. The Rule…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Corporate Transparency Act, Disclosure Requirements

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Account Takeover and Business Email Compromise Fraud: Legally Puzzling Payments Problems

In a series of three articles, we will address the ascendency of account takeover (“ATO”) and business email compromise (“BEC”) fraud — the unfortunate occurrence where a payor or intended payee’s account is compromised, leading…more

Bad Actors, Business E-Mail Compromise (BEC), Cyber Threats, Email, FinTech

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2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

Ultimate Authority and the Transfer of Nursing Facilities that Receive UPL Payments Under Georgia Medicaid

One fallout of the COVID-19 pandemic is that some, already struggling skilled nursing facilities may now be becoming financially unviable. As a result, owners and operators of such facilities may be actively seeking to transfer…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Nursing Homes, Skilled Nursing Facility

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Update on Potential Tax Changes

Facing procedural challenges and continued pushback from certain Democrats, last Thursday, December 16, 2021, the Biden Administration announced that negotiations relating to the “Build Back Better Act” will continue into 2022…more

Biden Administration, Legislative Agendas

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Providers Take Note: CMS Identifies Areas of Focus for Federal Monitoring Surveys

The Centers for Medicare and Medicaid Services (“CMS”) recently released Administrative Information 24-05-NH to provide guidance to surveyors on areas of focus for Federal Monitoring Surveys (“FMS”). The document identifies…more

Centers for Medicare & Medicaid Services (CMS), Long Term Care Facilities, Nursing Homes, OIG, Regulatory Standards

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Contractual Provisions Can Aid in the Recovery of Attorney’s Fees, But Consider the Unintended Consequences

Although the “American Rule” provides that each side pay its own attorneys’ fees, if your dispute arises from a contractual relationship, a “prevailing party” provision or indemnification clause may obligate one of the parties…more

American Rule, Attorney's Fees, Frivolous Lawsuits, Indemnification Clauses, Prevailing Party

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UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

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OIG Determines That Providing Free Hearing Aids to Bimodal-Hearing Candidates Implicates the Anti-Kickback Statute and Beneficiary Inducements CMP

On October 20, 2023, the Office of Inspector General of the Department of Health and Human Services (“OIG”) issued an unfavorable Advisory Opinion No. 23-08 to a supplier of cochlear implants coupled with external sound…more

Ambulatory Surgery Centers, Anti-Kickback Statute, Compliance, Department of Health and Human Services (HHS), Health Care Providers

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Feds Blunt Georgia’s New Law Regarding Medical Cannabis

On October 18, 2023, AGG Healthcare of counsel Jennifer Hilliard ably reported on Georgia’s new regulation that would allow pharmacies to dispense medical marijuana to registered users. Thus, Georgia became the first state in…more

DEA, Georgia, Marijuana, Medical Marijuana, Pharmacies

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IRS Notice 2020-23 Provides Limited Relief for Affordable Housing Projects

The IRS recently released Notice 2020-23 which gives affordable housing partnerships (an “Affected Taxpayer”) the ability to postpone certain “time- sensitive acts” that are listed at Section 15 of Revenue Procedure 2018-58. …more

Affordable Housing, IRS, Relief Measures, Revenue Procedures

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The DOL Reverses Course (Yet Again) on Independent Contractors: The New Proposed Rule on the Test for FLSA Independent Contractor Status

On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule revising its guidance on classifying workers as independent contractors for purposes of the Fair Labor Standards Act (“FLSA”). This proposed rule…more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors

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2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

IRS Issues Third Warning on Employee Retention Credit Claims

On March 7, 2023, the IRS issued a third warning urging employers to be wary of promoters who push ineligible employers to claim the Employee Retention Credit (“ERC”). The IRS issued its first warning on October 19, 2022, and a…more

Employee Retention, IRS, Tax Credits

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AGG Talks: Antitrust and White-Collar Crime Roundup - Analyzing the Latest Updates in the Litigation Against Trump

In this episode, Jeff Jacobovitz, AGG trial attorney, adjunct law professor at AUWCL (Criminal Antitrust), and chair of the firm’s Antitrust group, covers several issues related to the ongoing litigation against former President…more

Antitrust Violations, Competition, Criminal Conspiracy, Criminal Prosecution, Department of Justice (DOJ)

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March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the Eleventh Hour

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the…more

Department of Labor (DOL), Economic Realities Test, Employee Benefits, Employee Definition, Employees

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SCOTUS Alert: Muldrow Moves the Title VII Bar

On April 17, 2024, the Supreme Court of the United States ruled in Muldrow v. St. Louis that Title VII of the Civil Rights Act prohibits discriminatory job transfers, even if the harm is not “significant.”…more

Civil Rights Act, Employee Transfers, Employment Litigation, Lateral Transfers, Muldrow v City of St Louis

See all updates »

FTC Bans Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule effectively banning non-compete agreements in the employment context. This final rule follows a proposed rule published by the FTC on January 5, 2023…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

See all updates »

North Carolina Proposes Major Reform to the CCRC Act

As the North Carolina General Assembly prepares for its short session beginning April 24, 2024, one of the focal points will be Senate Bill 145 (House Bill 170), the Continuing Care Retirement Communities Act (the “Act”), which…more

Assisted Living Facilities (ALFs), Health Care Providers, Long Term Care Facilities, Long-Term Care, North Carolina

See all updates »

AGG Food & Drug Newsletter - December 2015

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC…more

Centers for Medicare & Medicaid Services (CMS), DMEPOS, First Amendment, Food and Drug Administration (FDA), Investigational New Drug Application (IND)

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The Benefits of Subchapter V — But Are You Guaranteed To Stay?

Benefits of Subchapter V - On August 23, 2019, Congress enacted the Small Business Reorganization Act of 2019 (“SBRA”), which became effective on February 19, 2020, creating Subchapter V of Chapter 11 of the Bankruptcy Code (11…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors, Small Business

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Restructuring Roundup - April 2024

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains original…more

Chapter 11, Commercial Bankruptcy, Debt Restructuring, Debtors, Financial Distress

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The Mental Health Matters Act Advances in the House

As the nation continues to face a mental health crisis, the U.S. House of Representatives recently passed H.R. 7780, the Mental Health Matters Act of 2022, advancing the bill to the U.S. Senate on a vote of 220-205. The bill…more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Benefits, Health Care Providers

See all updates »

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

Georgia Court of Appeals’ Opinion Threatens Construction Warranties Lasting Longer than 8 Years

A recent Georgia Court of Appeals’ opinion applying Georgia’s construction statute of repose (O.C.G.A. § 9-3-51(a)) to contract claims and express warranty claims could threaten construction warranties lasting longer than eight…more

Construction Industry, Contractors, Warranties

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Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules…more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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U.S. Department of Labor Issues Guidance on Remote Workers

In its first Field Assistance Bulletin of the year, the U.S. Department of Labor (“DOL”) offered new guidance regarding the application of certain key federal employment laws — the Fair Labor Standards Act (“FLSA”) and the…more

Department of Labor (DOL), Employees, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Remote Working

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Government Investigations Team Insights - September 2023

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has…more

Anti-Retaliation Provisions, Appellate Courts, Evidence, False Claims Act (FCA), Government Investigations

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[Webinar] Cosmetics and PFAS: Wave of “Forever Chemical” Litigation Reaches the Shores of Makeup Manufacturers - October 12th, 2:00 pm - 3:00 pm EDT

Please join AGG litigators David J. Marmins and Morgan E. M. Harrison and AGG Food & Drug practice team leader Alan G. Minsk for a complimentary webinar addressing the recent spate of litigation against cosmetic companies over…more

Biden Administration, Continuing Legal Education, Cosmetics, Environmental Protection Agency (EPA), Manufacturer Liability

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BlueSnap: The FTC Remains Aggressive and Sheds New Light on Disfavored Merchant Verticals, Acquirer Practices

On May 1, 2024, the FTC filed suit against BlueSnap, an international payment facilitator, along with two of its executives, simultaneously submitting a stipulated order containing both monetary and non-monetary relief. The…more

Federal Trade Commission (FTC), Financial Services Industry, Merchants, Payment Processors, Telemarketing Sales Rule

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Delaware Bankruptcy Court Decision Highlights Potential Defenses to Equitable Subordination Claim

On March 25, 2022, the United States Bankruptcy Court for the District of Delaware dismissed a complaint filed against a lender and other entities. An individual (and others) formerly in control of the bankrupt companies sued…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Equitable Subordination, Motion to Dismiss

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Ninth Circuit Publishes New Opinion Regarding Healthcare Provider Assignments and Reinforcing Broad Standing to Bring Suit Against Payors

On January 10, 2024, the United States Court of Appeals for the Ninth Circuit published an opinion in the matter of South Coast Specialty Surgery Center, Inc., v. Blue Cross of California, which resolidified the Ninth Circuit’s…more

Health Care Providers, Health Insurance, Healthcare, Medical Reimbursement, Payor Contracts

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OIG Announces New Audit Focus on Diabetes Drugs and Weight Loss

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) announced multiple new OIG Work Plan Items, including two audits, focused on identifying and quantifying improper Medicare and Medicaid claims…more

Department of Health and Human Services (HHS), Health Care Providers, Medicaid, Medicare, Medicare Part D

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Federal Government’s “Ban the Box” Policy in Effect

The federal government is the latest employer to adopt fair chance hiring requirements for certain parts of its workforce and contractors. The goal being to assist qualified workers with a criminal history to compete for…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Open Up Your Eyes: FDA Expects Real Transparency in ClinicalTrials.gov Disclosures

Based on client inquiries and FDA actions, the Food and Drug Administration is focusing more on companies not submitting data to www.ClinicalTrials.gov. It is taking stronger action against those companies it believes are…more

Clinical Trials, Compliance, Disclosure Requirements, Food and Drug Administration (FDA), Life Sciences

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Work With Me: EEOC Issues Final Rule Interpreting the Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced its Final Rule implementing the Pregnant Workers Fairness Act (“PWFA”), which went into effect in June 2023. Unless it is blocked by legal…more

Employee Rights, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Pregnancy

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NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters “BLM”—…more

Black Lives Matter, Dispute Resolution, Employees, Employer Liability Issues, Employment Litigation

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The Mental Health Matters Act Advances in the House

As the nation continues to face a mental health crisis, the U.S. House of Representatives recently passed H.R. 7780, the Mental Health Matters Act of 2022, advancing the bill to the U.S. Senate on a vote of 220-205. The bill…more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Benefits, Health Care Providers

See all updates »

The Pitch - January 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Artificial Intelligence, Athletes, Breach of Contract, Copyright, Copyright Infringement

See all updates »

AGG Talks: Cross-Border Business - Economic Incentives for Foreign Companies Entering the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by AGG Economic Development & Public Finance attorneys Andrew Schutt and Ansly Moyer to discuss economic…more

Business Entities, Business Formation, Corporate Governance, Economic Development, Foreign Corporations

See all updates »

The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Amazon, Apple, Artificial Intelligence, Artists, Athletes

See all updates »

Strategies for Negotiating with a Franchisee and Franchisor

AGG’s Retail Industry Team is pleased to present you with the next installment of “AGG Retail Minute or Two,” a series of short videos by our team members on a topic of interest in our industry. In this video, AGG Partner Jon…more

Commercial Leases, Commercial Tenants, Franchise Agreements, Franchises, Franchisors

See all updates »

The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Amazon, Apple, Artificial Intelligence, Artists, Athletes

See all updates »

UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

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“Modernized” and “Improved” Systems and Processes: How the Anti-Money Laundering Act of 2020 Changes the Landscape for Government Investigations

With bipartisan support and overriding (for the first and only time during the Trump presidency) a presidential veto, Congress passed the National Defense Authorization Act (“NDAA”) on January 1, 2021.1  As part of the NDAA,…more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Financial Institutions, FinCEN

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Amazon Issues New Requirements for Dietary Supplements Sold on Its Site – At Least One Will Be Problematic

In a move that some in the natural product space have been asking for, Amazon has begun the process of implementing new requirements for selling dietary supplements on its online platform…more

Amazon, Dietary Supplements, Labeling, Marketing, Online Platforms

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Understanding the Upcoming Shift to “Hardwired” LIBOR Replacement Provisions in Bilateral Business Loan Documents

By the end of October 2020, lenders should begin adopting a “hardwired” approach to replacing the benchmark interest rate for new loan originations with LIBOR-based interest rates. That’s according to the updated ARRC…more

Alternative Reference Rates Committee (ARRC), Banking Sector, Benchmarks, Interest Rates, Libor

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The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Amazon, Apple, Artificial Intelligence, Artists, Athletes

See all updates »

DOL Increases Salary Threshold in FLSA Overtime Rule

On April 23, 2024, the U.S. Department of Labor issued a Final Rule, “Defining and Delimiting the Exemptions for Executive, Professional, Outside Sales, and Computer Employees” (the “Final Rule”), that raises the salary…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees, Minimum Salary

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The Main Street Lending Program: Which Small and Mid-Sized Businesses Are Eligible?

The Federal Reserve continues to make major changes to the Main Street Lending Program (the “Program”), a brand-new, multi-facility $600 billion lending program designed to make additional credit available to small and mid-sized…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Landlords, Main Street Expanded Loan Facility

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2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

U.S. State Department Announces New Guidance on National Interest Exceptions to U.S. Travel Ban

We are happy to announce that, on August 12, 2020, the U.S. State Department provided important guidance on U.S. travel that may qualify for a National Interest Exception to recent Presidential Proclamation 10052 (P.P. 10052)…more

Foreign Nationals, H-1B, National Interest Waiver, Presidential Proclamations, Travel Ban

See all updates »

OCR Issues Updated Guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates”

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently released a revised version of its guidance titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.”…more

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

See all updates »

AGG Talks: Women in Tech Law - Episode 1: Charting the Course: Women Trailblazing in Cybersecurity and Crisis Governance

In this episode, Allison Raley, AGG’s Women in Tech Law co-chair, is joined by Susan Lam, chief risk officer of Bakkt, to discuss the path to cybersecurity and risk roles, including specific training and educational programs to…more

Consumer Privacy Rights, Crisis Management, Cybersecurity, Data Privacy, Data Protection

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Healthcare Authority Newsletter - May 2024 #2

News Briefs - Groups Urge Appeals Court to Revive Drug Price Negotiation Suit - Healthcare and drug industry groups urged a U.S. appeals court to revive their challenge to a law requiring manufacturers to negotiate the prices of…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cyber Attacks, Drug Pricing, Federal Trade Commission (FTC)

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Supreme Court Rules in Favor of Hospitals in HHS DSH Payment Dispute

On June 3, 2019, the Supreme Court of the United States (SCOTUS) issued an opinion in Azar v. Allina Health Services whereby it ruled that the United States Department of Health and Human Services (HHS) violated the Medicare Act…more

Administrative Procedure Act, Azar v Allina Health Services, Department of Health and Human Services (HHS), Hospitals, Low-Income Issues

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CMS Announces the Innovation in Behavioral Health Model

Overview - The Centers for Medicare & Medicaid Services (“CMS”) is launching a new model aimed at improving the quality of care and health outcomes for individuals with behavioral health (“BH”) problems. The model, announced on…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicaid, Mental Health, Substance Abuse

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Lease Issues - From the Landlord's Perspective

The last year has been a challenging time and it begs the question, from the landlord’s perspective, what have we learned? One thing for sure is that the average lease, a document that seems (for most landlords) to be like that…more

Commercial Leases, Commercial Tenants, Landlords, Leases, Tenants

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AGG Talks: Cross-Border Business - Economic Incentives for Foreign Companies Entering the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by AGG Economic Development & Public Finance attorneys Andrew Schutt and Ansly Moyer to discuss economic…more

Business Entities, Business Formation, Corporate Governance, Economic Development, Foreign Corporations

See all updates »

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters “BLM”—…more

Black Lives Matter, Dispute Resolution, Employees, Employer Liability Issues, Employment Litigation

See all updates »

Supreme Court Victory for Brick and Mortar

The Supreme Court of the United States issued a landmark decision allowing states to tax online purchases even when the seller has no physical presence in the state where the transaction occurs. This victory for brick and mortar…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Six Points That Any Buyer of Student Housing Should Consider

Student housing is attractive to investors, especially at much sought-after universities with growing enrollments. Unlike a traditional multifamily transaction, a student housing deal places great importance not only on the…more

Buyers, Colleges, Condition Precedent, Housing Market, Leases

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UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

See all updates »

Open Up Your Eyes: FDA Expects Real Transparency in ClinicalTrials.gov Disclosures

Based on client inquiries and FDA actions, the Food and Drug Administration is focusing more on companies not submitting data to www.ClinicalTrials.gov. It is taking stronger action against those companies it believes are…more

Clinical Trials, Compliance, Disclosure Requirements, Food and Drug Administration (FDA), Life Sciences

See all updates »

AGG's Global Commerce Team Insights - July 2019

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market…more

Civil Monetary Penalty, Inflation Adjustments, Penalties, Real Estate Investments, Trademarks

See all updates »

COBRA Subsidy Requirements Under the American Rescue Plan Act of 2021

Among many other pandemic relief provisions, the recently enacted American Rescue Plan Act of 2021 (“ARPA”) includes provisions for certain (a) COBRA subsidies, (b) extended COBRA election periods, and (c) related notice…more

American Rescue Plan Act of 2021, Benefit Plan Sponsors, COBRA, Employee Benefits, Employer Group Health Plans

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How International Companies Approach Talent Shortages in the Southeast Recap

Finding workers was the focus of a recent Workforce Symposium sponsored by Tula Executive Search, Arnall Golden Gregory LLP, and Advantage Austria. The topic was how international companies approach talent shortages…more

Labor Commissioners, Labor Shortage, Visas

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AGG's Global Commerce Team Insights - July 2019

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market…more

Civil Monetary Penalty, Inflation Adjustments, Penalties, Real Estate Investments, Trademarks

See all updates »

Georgia Licensing Now Requiring Affidavit of Financial Stability in Support of Initial and Change of Ownership Applications

In response to media reports regarding alleged deficient practices in some of Georgia’s long-term care facilities, House Bill 987 (“HB 987”) was signed into law on June 30, 2020, amending Title 31 of the O.C.G.A…more

Affidavits, Assisted Living Facilities (ALFs), Change of Ownership, Georgia, Healthcare

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Sixth Circuit Holds That Federal Four-Year Statute of Limitations Applies to Disability Discrimination Claims under Section 1557 of the ACA

In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of…more

Affordable Care Act, Bodily Injury, Disability Discrimination, Health Care Providers, Healthcare

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CMS Publishes Final Rule on Medicare Advantage Agent Broker Compensation

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published its Final Rule amending the existing Medicare Advantage (“MA”) agent broker compensation regulations. The Final Rule has significant implications…more

Brokers, Centers for Medicare & Medicaid Services (CMS), Compensation, Final Rules, Health Insurance

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2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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AGG Talks: Cross-Border Business - Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of…more

Attorney General, Cross-Border Transactions, Franchises, Securities and Exchange Commission (SEC), State Attorneys General

See all updates »

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

North Carolina Proposes Major Reform to the CCRC Act

As the North Carolina General Assembly prepares for its short session beginning April 24, 2024, one of the focal points will be Senate Bill 145 (House Bill 170), the Continuing Care Retirement Communities Act (the “Act”), which…more

Assisted Living Facilities (ALFs), Health Care Providers, Long Term Care Facilities, Long-Term Care, North Carolina

See all updates »

HHS and GSA Release New Guidance to Increase Naloxone Access in Federal Facilities

On December 21, 2023, the U.S. Department of Health and Human Services (“HHS”) and the U.S. General Services Administration (“GSA”) announced the release of updated guidelines for safety stations in federal facilities…more

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), General Services Administration (GSA), Opioid, Regulatory Oversight

See all updates »

Don’t Rock the Vote, Baby: 11th Circuit Confirms That Materially Adverse Ch. 11 Plan Modifications Require a New Disclosure Statement and Resolicitation of Voting on the Plan By Affected Interest Holders

In a detailed and emphatic ruling on January 5, 2023, the U.S. Court of Appeals for the 11th Circuit made it clear that if a pending Chapter 11 plan, after initial plan solicitation and voting by creditors, is modified in any…more

Bankruptcy Court, Chapter 11, Corporate Counsel, Creditors, Debt Restructuring

See all updates »

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

Update on Potential Tax Changes

Facing procedural challenges and continued pushback from certain Democrats, last Thursday, December 16, 2021, the Biden Administration announced that negotiations relating to the “Build Back Better Act” will continue into 2022…more

Biden Administration, Legislative Agendas

See all updates »

The Pitch - April 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Antitrust Violations, Artificial Intelligence, Artists, Athletes, College Athletes

See all updates »

IRS Issues Third Warning on Employee Retention Credit Claims

On March 7, 2023, the IRS issued a third warning urging employers to be wary of promoters who push ineligible employers to claim the Employee Retention Credit (“ERC”). The IRS issued its first warning on October 19, 2022, and a…more

Employee Retention, IRS, Tax Credits

See all updates »

The Pitch - December 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Artificial Intelligence, Athletes, Copyright, Copyright Office, Defamation

See all updates »

To Terminate or Not to Terminate: Alternative Lease Remedies and When to Use Them

Most commercial real estate leases afford the landlord multiple remedies to address a tenant’s default. Frequently, such remedies are cumulative, as the landlord may pursue concurrent options. However, two of the most common…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

See all updates »

[Webinar] FDA Tries to Keep Up: How FDA and Industry Are Trying to Keep Up With Artificial Intelligence - September 13th, 2:00 pm - 3:00 pm EDT

FDA has cleared or approved hundreds of products that work with artificial intelligence (“AI”) and acknowledges that the agency and industry need help navigating how FDA-regulated products engage with AI. In response to the…more

Artificial Intelligence, Continuing Legal Education, Draft Guidance, FDA Approval, Food and Drug Administration (FDA)

See all updates »

An Update on AI and Patent Practice at the USPTO and Abroad

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. On February 6, 2024, the USPTO issued its guidance…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

See all updates »

An Update on AI and Patent Practice at the USPTO and Abroad

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. On February 6, 2024, the USPTO issued its guidance…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

See all updates »

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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
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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