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2050 M Street NW
Washington, DC 20036, United States
Phone: (202) 719-7000
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Areas Of Practice
  • Agriculture
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  • Appellate Practice
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Number of Attorneys
200+ Attorneys

New Report from NTIA Calls for More AI Regulation

At the end of March, the National Telecommunications and Information Administration (NTIA) issued its long-awaited AI Accountability Policy Report (Report), which provides federal policy recommendations regarding accountability…more

Artificial Intelligence, Disclosure Requirements, Information Governance, Liability, Regulatory Standards

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FAA Seeks Comment on Proposed Orbital Debris Rulemaking

As commercial launch assets in space continually increase, the Federal Aviation Administration (FAA) released a Notice of Proposed Rulemaking (NPRM) seeking comment on new rules regarding their disposal. Comments are due…more

Aerospace, Federal Aviation Administration (FAA), NPRM, Outer Space, Regulatory Standards

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Medicare Drug Price Negotiation Program: Selected Drugs for 2026

On Tuesday, August 29, 2023, the Centers for Medicare & Medicaid Services (CMS) released the first ten prescription drugs selected for price negotiation with manufacturers (Selected Drugs) under the Inflation Reduction Act of…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Inflation Reduction Act (IRA), Medicare

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Wiley Consumer Protection Download (May 14, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Credit Cards, Department of Justice (DOJ)

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EPA Enforcement – How to Be Ready in 2023

The U.S. Environmental Protection Agency’s (EPA’s) enforcement office started off the year with important announcements that change the federal environmental compliance landscape. Civil penalties prescribed by environmental…more

CERCLA, Compliance, Enforcement, Environmental Policies, Environmental Protection Agency (EPA)

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PPP Loan Program Re-Opens

As we recently detailed, on January 6, 2021, the Small Business Administration (SBA) issued two Interim Final Rules (first rule and second rule) setting forth the regulations for the newly authorized round of PPP funding, which…more

Borrowers, Loan Applications, Loans, Paycheck Protection Program (PPP), Relief Measures

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Fourth Circuit Finds “Re-registration” of a Domain Can be Cybersquatting—A Prudential Clarification to the ACPA

The Fourth Circuit’s decision yesterday in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823, F.4th (4th Cir. Jan. 24, 2023), provides important clarification on the…more

ACPA, Bad Faith, Corporate Counsel, Cybersquatting, Domain Names

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FCC Releases Draft NPRM to Secure Equipment Authorization Testing Labs

On May 1, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM or Draft) regarding the Commission’s equipment authorization program. The bipartisan proposal –…more

Certifications, Engineering, FCC, National Security, NPRM

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Appealed Trial Court Conviction Qualifies as “Final Adjudication”

Applying New York law, the Southern District of New York concluded that a trial court judgment qualified as a “final adjudication” even though it was under appeal…more

CEOs, Denial of Insurance Coverage, Errors and Omissions Policy, Insurance Industry, Policy Exclusions

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The End of an Era: FDA Announces Disposition Plans for COVID-19 Related Guidance Documents

The COVID-19 pandemic presented the U.S. Food and Drug Administration (FDA or Agency) with a monumental task of shifting its operations and the way it approached the regulation of critical drugs, medical devices, and biologic…more

CDRH, Center for Biologics Evaluation and Research (CBER), Center for Drug Evaluation and Research (CDER), Clinical Trials, Coronavirus/COVID-19

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Commerce Department Issues Final Regulations to Enhance and Strengthen Trade Law Enforcement

On March 25, 2024, the U.S. Department of Commerce (Commerce) issued a final rule designed to “improve, strengthen and enhance” its antidumping (AD) and countervailing duty (CVD) regulations. The final rule largely adopts…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, Enforcement, Imports

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New Jersey Annual Pay-to-Play Report due April 1

Despite major “reforms” to New Jersey’s pay-to-play laws in 2023, certain state and local government contractors doing business in New Jersey still must file the Business Entity Annual Disclosure Statement by April 1, 2024. This…more

Contribution Limits, Disclosure Requirements, Federal Contractors, New Jersey, Pay-To-Play

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New Congressional Report Raises Possibility of False Claims Act Scrutiny for Fintech Companies Involved In PPP Loans

A just-issued Congressional staff report raised concerns that certain financial technology companies (fintechs) were involved in processing improper loans through the Paycheck Protection Program (PPP) and recommended, among…more

CARES Act, CID, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA)

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Second Circuit Determines Letter Threatening Litigation Constitutes a Claim First Made Prior to the Policy Period

The United States Court of Appeals for the Second Circuit, applying New York law, has held that a letter asserting legal liabilities and threatening litigation constitutes a claim first made prior to the policy period. The…more

Claims Made Policy, Demand Letter, Insurance Claims, Insurance Industry, Insurance Litigation

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FCC Releases Draft NPRM to Secure Equipment Authorization Testing Labs

On May 1, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM or Draft) regarding the Commission’s equipment authorization program. The bipartisan proposal –…more

Certifications, Engineering, FCC, National Security, NPRM

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White House Issues Presidential Proclamations Extending Section 232 TRQs on Steel and Aluminum Imports from the EU

On December 28, 2023, the White House published presidential proclamations extending the tariff-rate quotas (TRQs) in place on imports of steel and aluminum products from the European Union (EU) until December 31, 2025…more

EU, Imports, Steel Industry, Tariff Rate Quota (TRQ), Tariffs

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State Privacy Update: New Jersey Becomes 13th State to Pass a Consumer Privacy Bill

The New Jersey Legislature this week passed Senate Bill 332 (SB 332), a comprehensive consumer data privacy bill. Since its conception, the bill has undergone significant revisions that expanded a once narrow bill into a more…more

Biometric Information, Consumer Privacy Rights, Minors, New Jersey, New Legislation

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Biden Administration Seeks to Increase Section 301 Duties on Imports from China – Including of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products

On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on recommendations…more

Biden Administration, China, Electric Vehicles, Section 301, Tariffs

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How the Supreme Court’s Blockbuster Chevron Case Might Affect the Future of Tech Regulation

This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and Relentless,…more

Ambiguous, Artificial Intelligence, Broadband, Chevron Deference, Chevron v NRDC

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Treasury Proposes Stronger CFIUS Penalties, Broader Subpoena and Enforcement Powers

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the CFIUS…more

CFIUS, Defense Production Act, Enforcement, Foreign Investment, National Security

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Copyright Office Proposes Streamlined Registration Option for News Websites

Copyright infringement is a significant problem for operators of news websites. As any journalism organization knows, producing original news content is a costly endeavor. All too often, sophisticated and amateur infringers…more

Copyright Applications, Copyright Infringement, Copyright Office, Copyright Registration, Media

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Illinois Appeals Court Holds an Ankle Monitor Is “Potentially” Computer Hardware Triggering Duty to Defend Under Technology E&O Coverage

An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor because…more

Commercial General Liability Policies, Duty to Defend, Errors and Omissions Policy, Insurance Claims, Insurance Industry

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Should Federal Government Insure “Catastrophic Cyber Incidents”? Comments due November 14, 2022

On September 29, 2022, the Federal Insurance Office (FIO) of the Department of the Treasury published a Request for Comment (RFC) related to cyber insurance and catastrophic cyber incidents…more

Catastrophic Events, Comment Period, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Insurance

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New White House Policy Previews Increased Cybersecurity Oversight and Regulation

On April 30, 2024 the White House updated the foundational U.S. government policy that defines critical infrastructure (CI) sectors and establishes a coordination structure within the federal government to support owners and…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Information Sharing Act (CISA), FCC, General Services Administration (GSA)

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FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for…more

China, Federal Acquisition Regulations (FAR), Federal Contractors, Inquiry notice, NDAA

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Board of Contract Appeals Holds That Software Licensor Who Delivered Software Through GSA Reseller Cannot Pursue Claim Directly Against the Government

In a decision of first impression that could have significant implications for the many commercial software vendors who license software to the U.S. Government through U.S. General Services Administration (GSA) Schedule…more

Board of Contract Appeals, CBCA, Contract Disputes, EULA, Federal Contractors

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DoD Proposes Amendments to National Industrial Security Program Operating Manual (NISPOM)

WHAT: On December 13, 2023, the Department of Defense (DoD) proposed amendments to the National Industrial Security Program Operating Manual (NISPOM) that seek to address the public comments it received in response to its…more

Code of Federal Regulations (CFR), Department of Defense (DOD), Federal Contractors, National Industrial Security Program (NISP), National Security

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FCC Proposes to Relax Restrictions on Digital FM Power Levels

The Federal Communications Commission (FCC or Commission) recently released an Order and Notice of Proposed Rulemaking (NPRM) that reaches several tentative conclusions designed to give digital FM stations more flexibility to…more

Broadcasting, FCC, NPRM, Public Broadcasting, Radio Broadcasting

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Congressman Henry Cuellar’s Federal Charges Include Acting as a Foreign Agent

Representative Henry Cuellar (D-TX) and his wife, Imelda Cuellar, are facing federal charges of bribery, money laundering, and violations of the ban against public officials serving as foreign agents required to register under…more

Bribery, Department of Justice (DOJ), Foreign Agents, Foreign Agents Registration Act (FARA), Foreign Policy

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Biden DOJ Stiffens Corporate Enforcement

On October 28, 2021, Deputy Attorney General (DAG) Lisa Monaco announced sweeping policy changes to the U.S. Department of Justice’s (DOJ) corporate enforcement at the ABA’s 36th National Institute on White Collar Crime. DAG…more

Anti-Corruption, Biden Administration, Compliance, Corporate Counsel, Corruption

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Additional Sanctions and Export Control Measures on Russia Following G7 Summit

On May 19, 2023, the Biden Administration, in coordination with leaders of the Group of Seven (G7), announced new sanctions and restrictions on 300 individuals, entities, vessels, and aircraft tied to Russia following the G7…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Entity List, Executive Orders

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Congressman Henry Cuellar’s Federal Charges Include Acting as a Foreign Agent

Representative Henry Cuellar (D-TX) and his wife, Imelda Cuellar, are facing federal charges of bribery, money laundering, and violations of the ban against public officials serving as foreign agents required to register under…more

Bribery, Department of Justice (DOJ), Foreign Agents, Foreign Agents Registration Act (FARA), Foreign Policy

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FCC Sunsets Form 477 Filing Obligations

On December 8, 2022, the Federal Communications Commission (FCC) released an Order sunsetting the obligation of facilities-based providers to report Form 477 broadband deployment data. The FCC’s action is consistent with its…more

Broadband, Data Collection, FCC, Notification Requirements, Telecommunications

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FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for…more

China, Federal Acquisition Regulations (FAR), Federal Contractors, Inquiry notice, NDAA

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April 2024 Announced as the Final Month for Full ACP Reimbursements

Less than two months after announcing plans and guidance for winding down the Affordable Connectivity Program (ACP) (see our prior Alert here), the Federal Communications Commission’s (FCC) Wireline Competition Bureau (Bureau)…more

Broadband, FCC, Internet Service Providers (ISPs), Net Neutrality, Telecommunications

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Wiley Consumer Protection Download (May 14, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Credit Cards, Department of Justice (DOJ)

See all updates »

DDTC and BIS Ease Export Controls for Australia and the United Kingdom - UPDATED May 10, 2024

*This alert was originally published on May 3, 2024 and updated on May 8, 2024 based on a correction published by BIS that day. The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed…more

Australia, Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), ECCNs, Export Administration Regulations (EAR)

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Insurer Deemed to Waive Right to Rescind but Commingling Exclusion Bars Coverage for Claims Against “Innocent” Insureds

Applying New Mexico law, the Tenth Circuit has held that an insurer that waits over a year to seek rescission after learning of the insured’s actual fraud has waived its right to do so. Evanston Ins. Co. v. Desert State Life…more

Insurance Claims, Insurance Industry, Insurance Litigation, Rescission

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Sixth Circuit Affirms Decision Holding Specific Entity Exclusion Bars Coverage and Does Not Render Policy Illusory

In a win for Wiley’s client, the United States Court of Appeals for the Sixth Circuit affirmed a district court’s decision on summary judgment holding that a “specific entity exclusion” precluded coverage for an SEC…more

Appellate Courts, Broker-Dealer, Insurance Claims, Insurance Industry, Insurance Litigation

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Treasury Proposes Stronger CFIUS Penalties, Broader Subpoena and Enforcement Powers

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the CFIUS…more

CFIUS, Defense Production Act, Enforcement, Foreign Investment, National Security

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Biden Administration Seeks to Increase Section 301 Duties on Imports from China – Including of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products

On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on recommendations…more

Biden Administration, China, Electric Vehicles, Section 301, Tariffs

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Commerce Considers Regulating Connected Vehicles to Protect Against Foreign Adversaries

On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed…more

Advanced Notice of Proposed Rulemaking (ANPRM), Automotive Industry, Bureau of Industry and Security (BIS), Connected Cars, Critical Infrastructure Sectors

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Recent Developments in Pharmacy-Related Legislation and Regulations

Over the last two months, there has been a steady influx of regulatory and legislative efforts regarding drug pricing and the pharmacy industry. To streamline your review, we summarize below a few noteworthy developments that…more

Administrative Dispute Resolution Act of 1996, Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, GAO

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New FCC Proceeding to Tackle Security in Equipment, Auctions, and Beyond

On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization…more

Competitive Bidding, FCC, National Security, NPRM, Technology Sector

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House Select Committee on the CCP Releases Report Proposing Changes to CFIUS

On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with…more

Agricultural Land, CFIUS, China, Critical Infrastructure Sectors, Executive Orders

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FCC’s Space Bureau Seeks to Refresh the Record on Orbital Debris Mitigation and Space Sustainability

On May 2, the Federal Communications Commission’s (FCC) Space Bureau issued a Public Notice seeking to refresh the record on orbital debris mitigation rule changes originally proposed in a Further Notice of Proposed Rulemaking…more

Aerospace, FCC, Media, NASA, Outer Space

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Impact of U.S. Revocation of Permanent Normal Trade Relations with Russia

On March 11, 2022, President Biden called on Congress to revoke permanent normal trade relations (PNTR) with Russia. In a fact sheet regarding actions being taken simultaneously with the European Union and Group of Seven (G7)…more

Economic Sanctions, EU, Most-Favored Nations, Office of Foreign Assets Control (OFAC), Revocation

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USTR Seeks Public Comment on Promoting Supply Chain Resilience

On March 7, 2024, the Office of the United States Trade Representative (USTR) announced a Request for Comments on Promoting Supply Chain Resilience, seeking public comment on policy initiatives that promote supply chain…more

Biden Administration, Imports, Public Comment, Supply Chain, US Trade Policies

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FTC Proposes New Rule to Broadly Ban Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC or Commission) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The FTC’s proposed rule…more

Executive Orders, Federal Trade Commission (FTC), FTC Act, Independent Contractors, Joe Biden

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Commerce Announces New Restrictions on Firearms Exports, Ends Commercial Firearms Exports to 36 Countries and Revokes Existing Licenses

On April 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced in a press release that it will publish an interim final rule (IFR) in the Federal Register on April 30, 2024, updating the…more

Bureau of Industry and Security (BIS), ECCNs, Export Administration Regulations (EAR), Exports, Firearms

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CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the Civilian…more

CAFC, CBCA, Cease and Desist Orders, Contract Disputes, EULA

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No E&O Coverage for Settlement of Illinois State Governmental Investigation

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an E&O policy does not afford coverage for a settlement with two government agencies, including the payment of fines or…more

Denial of Insurance Coverage, Errors and Omissions Policy, Insurance Claims, Insurance Industry, Insurance Litigation

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ASBCA Has Jurisdiction to Hear Claims Relating to COVID-19 Labor Costs Arising Under CARES Act

WHAT: In Aviation Training Consulting, LLC, the Armed Services Board of Contract Appeals (ASBCA) held that it had jurisdiction to hear the contractor’s claim for increased costs to keep its workforce in a ready state during the…more

Armed Services Board of Contract Appeals, CARES Act, Claim Denial Letters, Contract Disputes Act, Coronavirus/COVID-19

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Commerce, State Departments Restrict Exports to Cambodia, Citing Corruption, Human Rights Abuses, Chinese Influence

On December 9, 2021, the Departments of Commerce and State issued rules restricting a range of exports to Cambodia citing, “significant evidence of corruption, human rights abuses, and an exclusive agreement with the People’s…more

Arms Embargo, Bureau of Industry and Security (BIS), Cambodia, China, Corruption

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Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy

A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline. In November 2017, the insured…more

Demand Letter, Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation

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10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate Committee…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Corporate Counsel, Data Privacy

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More EO Activity: Contractor Minimum Wage Implementation and the Return of the Nondisplacement Rule

What: Just before Thanksgiving, the Government took two actions likely to affect many federal service and construction contractors’ pricing and staffing decisions. The Biden Administration issued Executive Order (EO) 14055 to…more

Acquisitions, Department of Labor (DOL), Employee Retention, Executive Orders, Federal Acquisition Regulations (FAR)

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FCC’s Space Bureau Seeks to Refresh the Record on Orbital Debris Mitigation and Space Sustainability

On May 2, the Federal Communications Commission’s (FCC) Space Bureau issued a Public Notice seeking to refresh the record on orbital debris mitigation rule changes originally proposed in a Further Notice of Proposed Rulemaking…more

Aerospace, FCC, Media, NASA, Outer Space

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FEC Allows Federal Officeholders to Establish State PACs

Recently the Federal Election Commission (FEC) approved an advisory opinion (AO 2023-09) that allows federal officeholders and candidates to establish and operate state PACs that spend funds solely in connection with state and…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), Local Elections, PACs

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Commerce Announces New Restrictions on Firearms Exports, Ends Commercial Firearms Exports to 36 Countries and Revokes Existing Licenses

On April 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced in a press release that it will publish an interim final rule (IFR) in the Federal Register on April 30, 2024, updating the…more

Bureau of Industry and Security (BIS), ECCNs, Export Administration Regulations (EAR), Exports, Firearms

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AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence…more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

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Relying on Insolvency Exclusion, Second Circuit Finds That D&O Insurer Not Required to Defend Professional Manager Overseeing Operations of Distressed Company That Filed for Chapter 7 Bankruptcy

The United States Court of Appeals for the Second Circuit, applying New York law, affirmed a trial court’s denial of a preliminary injunction seeking to require a D&O insurer to defend a professional manager hired to oversee a…more

Chapter 7, Insolvency, Insurance Claims, Insurance Industry, Insurance Litigation

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FCC Releases 2018 Quadrennial Review Report and Order

The Federal Communications Commission (FCC or Commission) released the Report and Order (Order) in the 2018 Quadrennial Review, one day before the December 27 deadline mandated by the United States Court of Appeals for the…more

Business Ownership, FCC, Minority-Owned Businesses, Networks, NPRM

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U.S. Court of International Trade Upholds Section 301 Duties on China

In a highly significant decision on March 17, 2023, a three-judge panel of the U.S. Court of International Trade (CIT) issued an opinion upholding the U.S. Trade Representative’s (USTR) imposition in 2018 and 2019 of a third and…more

Administrative Procedure Act, China, Corporate Counsel, Court of International Trade, Imports

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DOJ to Use ‘Carrots to Wield Larger Sticks’ in 2024

The more things change, the more things stay the same. For years, U.S. Department of Justice (DOJ) leadership has used the ABA National Institute on White Collar Crime and other major conferences to highlight enforcement…more

Artificial Intelligence, CFTC, Compliance, Department of Justice (DOJ), Ethics

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No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception

In a win for Wiley’s client, the U.S. Court of Appeals for the Eleventh Circuit, applying District of Columbia law, affirmed judgment on the pleadings that no coverage is available for a lawsuit because the “claim” was first…more

Claims Made Policy, Insurance Claims, Insurance Industry, Insurance Litigation, Professional Liability Insurance

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Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy

An Ohio federal court, applying Ohio law, has held that a letter threatening a bad faith action against an insured insurance company did not constitute a “Claim” for the purposes of the company’s errors and omissions insurance…more

Bad Faith, Commercial General Liability Policies, Errors and Omissions Policy, Insurance Claims, Insurance Industry

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Teeming with Teaming Agreements: Navigating Strategic Alliances in the Federal Marketplace

In the always competitive federal marketplace, teaming agreements, joint ventures, subcontracts, and other strategic alliances can not only give participant companies an edge, but also enhance the value delivered to the…more

Federal Contractors, Intellectual Property Protection, Joint Venture, Non-Disclosure Agreement, Small Business

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Panuwat Insider Trading Verdict Foreshadows More Civil and Criminal Enforcement

On April 5, 2024, a federal jury in California found Matthew Panuwat liable of insider trading in a closely followed case that may serve as the harbinger for expanded insider trading enforcement. In SEC v. Panuwat (N.D. Cal.),…more

Confidential Information, Department of Justice (DOJ), ETFs, Insider Trading, MNPI

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FCC’s Space Bureau Seeks to Refresh the Record on Orbital Debris Mitigation and Space Sustainability

On May 2, the Federal Communications Commission’s (FCC) Space Bureau issued a Public Notice seeking to refresh the record on orbital debris mitigation rule changes originally proposed in a Further Notice of Proposed Rulemaking…more

Aerospace, FCC, Media, NASA, Outer Space

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EPA Considering Petition to Require Submittal of Efficacy Data for Neonicotinoids and Other Systemic Insecticides

On November 24, 2023, the U.S. Environmental Protection Agency (EPA) announced that it is accepting comments on a petition for rulemaking submitted by the Public Employees for Environmental Responsibility (PEER), the American…more

American Bird Conservancy, Comment Period, Environmental Protection Agency (EPA), FIFRA, Insecticide

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Food for Thought and Thoughts on Food: A Discussion on Scaling in Food and Other Industries

On this episode, Wiley's Amaru Sánchez is joined by Ryan Hawkins from Next Rung Technologies to discuss scaling across multiple industries and sectors and the difficulties startups are facing in the current investment landscape…more

Business Development, Food Manufacturers, Food Safety, Food Supply, Regulatory Oversight

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New 60 GHz Rules Offer Flexibility for Radar and WiGig Innovation

The Federal Communications Commission (FCC) has adopted new technical rules intended to promote unlicensed innovation for applications as diverse as “hot car” child safety and virtual reality gaming. The new rules, which took…more

FCC, Gaming, Radar, Radiofrequency (RF), Virtual Reality

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FCC’s Space Bureau Seeks to Refresh the Record on Orbital Debris Mitigation and Space Sustainability

On May 2, the Federal Communications Commission’s (FCC) Space Bureau issued a Public Notice seeking to refresh the record on orbital debris mitigation rule changes originally proposed in a Further Notice of Proposed Rulemaking…more

Aerospace, FCC, Media, NASA, Outer Space

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FCC Updates Frequency Allocations and Licensing Rules for Commercial Space Launch Operations

In an effort to support commercial space launch operations, the Federal Communications Commission (FCC) has approved a Report and Order (Order) enhancing access to 2200-2290 MHz band spectrum and revising spectrum licensing…more

Aerospace, FCC, Licenses, NTIA, Proposed Rules

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[Webinar] The FCC’s Expanding Enforcement Reach: Five Things You Need to Know - May 30th, 12:00 pm - 1:00 pm EDT

While the FCC is well-known for broadcast and telecom regulation, the Commission regulates broadly, reaching communications networks, the marketing and sale of electronic devices, space-based services, diverse grant and subsidy…more

Broadband, Enforcement Actions, Enforcement Authority, FCC, Federal Communications Act

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Commerce Department Issues Final Regulations to Enhance and Strengthen Trade Law Enforcement

On March 25, 2024, the U.S. Department of Commerce (Commerce) issued a final rule designed to “improve, strengthen and enhance” its antidumping (AD) and countervailing duty (CVD) regulations. The final rule largely adopts…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, Enforcement, Imports

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FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for…more

China, Federal Acquisition Regulations (FAR), Federal Contractors, Inquiry notice, NDAA

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Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements

In a win for Wiley’s client, the United States Court of Appeals for the Seventh Circuit held, under Wisconsin law, that an exception for settlements of “Inadequate Consideration Claims” barred coverage for the insured’s…more

D&O Insurance, Failure To Disclose, Insurance Litigation, Securities and Exchange Commission (SEC), Securities Fraud

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OMB Proposes Widespread Changes to Guidance on Grants and Agreements

WHAT: On October 5, 2023, the Office of Federal Financial Management, Office of Management and Budget (OMB) issued a proposed rule to revise sections of OMB Guidance for Grants and Agreements. The changes under the proposed rule…more

Code of Federal Regulations (CFR), False Claims Act (FCA), Federal Acquisition Regulations (FAR), Federal Contractors, Financial Assistance Policies

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SEC Climate Disclosure Rule: Timing Uncertain as Legal Challenges Move to Eighth Circuit

The U.S. Securities and Exchange Commission (SEC) faces an uncertain timeline to implement its new climate disclosure rule, as nine legal challenges have now been transferred to the U.S. Court of Appeals for the Eighth Circuit. …more

Climate Change, Disclosure Requirements, Emerging Growth Companies, Environmental Social & Governance (ESG), EU

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Lawsuits by Two Employees Alleging Retaliation and Discrimination Arise From Interrelated Wrongful Acts

In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a private company management and employment practices liability policy does not cover a…more

Claims Made Policy, Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation

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FCC Sets January Deadline for International Section 214 Authorization Holders to Submit Foreign Interest Holder Information

On December 8, 2023, the Federal Communications Commission (FCC or Commission) released its anticipated information collection to update the Commission’s records regarding the foreign ownership of international Section 214…more

FCC, Foreign Adversaries, Foreign Ownership, National Security, Telecommunications

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Wiley Consumer Protection Download (February 6, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Artificial Intelligence, Banking Sector, Consumer Financial Protection Bureau (CFPB), COPPA, Do Not Call List

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FCC Reinstates Net Neutrality Rules

On May 7, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling, Order, Report and Order, and Order on Reconsideration reclassifying broadband Internet access service (BIAS) as a common…more

Broadband, Broadband Internet Access Services (BIAS), FCC, Internet, Internet Service Providers (ISPs)

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Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and Late Fee Practices

The United States District Court for the Southern District of California, applying California law, held that a professional liability insurer had a duty to defend a property management company against a class action lawsuit…more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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The White House Launches Supply Chain Initiatives on Essential Items

On June 8, 2021, the White House released its 250-page “Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth” report (the Report) and an accompanying fact sheet entitled: “Fact…more

Critical Infrastructure Sectors, Essential Goods, Innovative Technology, Manufacturers, Supply Chain

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What Contractors Need to Know About a Government Shutdown

WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill to…more

Deadlines, Documentation, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Employees

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Medicare Drug Price Negotiation Program: Selected Drugs for 2026

On Tuesday, August 29, 2023, the Centers for Medicare & Medicaid Services (CMS) released the first ten prescription drugs selected for price negotiation with manufacturers (Selected Drugs) under the Inflation Reduction Act of…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Inflation Reduction Act (IRA), Medicare

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June 3, 2024 FCC EEO Deadlines for Stations in DC, MD, VA, WV, MI, OH, AZ, ID, NV, NM, UT, and WY

Radio and television station employment units (SEUs) located in the District of Columbia, Virginia, West Virginia, Michigan, Ohio, Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming with five or more full-time employees must…more

Broadcasting, EEO, FCC, Filing Deadlines, Radio Stations

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No Coverage for Wrongful Acts of Acquired Company Occurring Before Purchase

In a win for Wiley’s client, the United States District Court for the Western District of Pennsylvania, applying Pennsylvania law, determined that an insured was not entitled to coverage for a judgment against it because both a…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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Fourth Circuit Finds “Re-registration” of a Domain Can be Cybersquatting—A Prudential Clarification to the ACPA

The Fourth Circuit’s decision yesterday in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823, F.4th (4th Cir. Jan. 24, 2023), provides important clarification on the…more

ACPA, Bad Faith, Corporate Counsel, Cybersquatting, Domain Names

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California Moves Ahead on ESG Reporting

On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data Accountability…more

California, CARB, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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New ‘Advisory Down Select’ Evaluation Approach Alters Contractors’ Protest Calculus

We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing frequency…more

Bid Protests, Competition, Department of Health and Human Services (HHS), Department of Homeland Security (DHS), Federal Acquisition Regulations (FAR)

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FCC’s “Spring Cleaning” Initiative Signals More Robocall Enforcement Activity Ahead

Over the last two years, federal and state agencies have significantly ramped up enforcement activities against companies and voice service providers allegedly responsible for the generation of illegal robocalls. That trend is…more

Automation Systems, Department of Justice (DOJ), Enforcement, FCC, Federal Trade Commission (FTC)

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Treasury Requests Comments for Upcoming Guidance on Energy Tax Benefits in the Inflation Reduction Act

The U.S. Treasury Department (Treasury) and the Internal Revenue Service (IRS) published six notices on October 5, 2022, requesting comments on various provisions in the Internal Revenue Code (Code) related to energy tax…more

Apprenticeships, Carbon Capture and Sequestration, Comment Period, Electric Vehicles, Energy Projects

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Wiley Consumer Protection Download (July 25, 2022)

Regulatory Announcements- FTC Announces MOU with NLRB to Address Employment-Based Consumer Protection Issues. On July 19, the FTC announced that it entered into a memorandum of understanding (MOU) with the National Labor…more

Consumer Financial Protection Bureau (CFPB), Data Collection, EFTA, Federal Trade Commission (FTC), FTC Act

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[Webinar] 2023 Federal Infrastructure Series - Prevailing Wage and Labor & Employment Update - October 5th, 12:00 pm - 1:00 pm EDT

Please join us for our first fall 2023 episode of Wiley’s Federal Infrastructure Webinar Series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the…more

Apprenticeships, Best Practices, Construction Project, Continuing Legal Education, Davis-Bacon Act

See all updates »

Wiley Consumer Protection Download (May 14, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Credit Cards, Department of Justice (DOJ)

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FCC Releases Draft NPRM to Secure Equipment Authorization Testing Labs

On May 1, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM or Draft) regarding the Commission’s equipment authorization program. The bipartisan proposal –…more

Certifications, Engineering, FCC, National Security, NPRM

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Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion

The New York Supreme Court, Appellate Division, has held that a “prior acts” exclusion in a directors and officers policy did not bar coverage for settlements reached by the insured in two related shareholder lawsuits,…more

D&O Insurance, Insurance Claims, Insurance Industry, Insurance Litigation, NY Supreme Court

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TSCA “Data Call In” Proposed for 16 Priority Chemicals, Including Hydrogen Fluoride

On March 26, 2024, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 8(d) of the Toxic Substances Control Act (TSCA) that would require manufacturers and importers of 16 chemical substances to…more

Environmental Protection Agency (EPA), Manufacturers, NAICS, Reporting Requirements, Toxic Chemicals

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Bump-Up Provision Bars Coverage for Settlement of Post-Merger Claims by Shareholders of Target Company

On remand from the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the Eastern District of Virginia, applying Virginia law, has held that a bump-up provision in directors and officers liability policies…more

D&O Insurance, Fiduciary Duty, Insurance Claims, Insurance Industry, Insurance Litigation

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FCC Releases 2018 Quadrennial Review Report and Order

The Federal Communications Commission (FCC or Commission) released the Report and Order (Order) in the 2018 Quadrennial Review, one day before the December 27 deadline mandated by the United States Court of Appeals for the…more

Business Ownership, FCC, Minority-Owned Businesses, Networks, NPRM

See all updates »

Keith Matthews and Kim Reynolds: Talking Ag Biotech Episode 6

On this episode of Talking Ag Biotech, Keith Matthews is rejoined by Kimberly Reynolds of Wiley’s International Trade practice to discuss the new dispute resolution panel that has been established in the United States-Mexico…more

Cross-Border Transactions, Dispute Resolution, Foreign Relations, Trade Relations, United States-Mexico-Canada Agreement (USMCA)

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FHWA Proposes Rescinding Buy America Waiver for ‘Manufactured Products,’ Seeks Industry Input

WHAT: The U.S. Department of Transportation’s Federal Highway Administration (FHWA) announced a Notice of Proposed Rulemaking (NPRM) which would end the long-standing general waiver of Buy America requirements for manufactured…more

Buy American Act, Department of Transportation (DOT), Federal Highway Administration, Infrastructure, NPRM

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[Podcast] Defining Our Vision and Values

On this episode, Government Contracts practice chairs Paul Khoury and Scott McCaleb join host Craig Smith to discuss how the practice defines what it does, what it wants to be, and what it believes in. The trio cover why it was…more

Attorney-Client Privilege

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Allegation That Officer was CEO of Insured Organization Sufficient to Survive Capacity Challenge to D&O Coverage

The United States District Court for the Central District of California, applying California law, has held that an underlying pleading sufficiently alleged that an individual was sued in an insured capacity as an officer of the…more

Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation, Professional Liability Insurance

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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based on…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Due Diligence

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7 Tips for Leveraging Artificial Intelligence While Managing Risks in Political Campaigns

While its full potential is still untapped, artificial intelligence (AI) is poised to play a greater role during the 2024 elections and future grassroots advocacy efforts. Here are seven tips corporations and others should…more

Advertising, Artificial Intelligence, Bad Actors, Bias, Federal Election Commission (FEC)

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Court Holds Retroactive Date Exclusion Is Ambiguous Under California Law

A federal district court, applying California law, has determined that an insurer owed a duty to defend because the policy’s retroactive date exclusion was ambiguous in that it could reasonably be interpreted to apply only to…more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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DOJ to Use ‘Carrots to Wield Larger Sticks’ in 2024

The more things change, the more things stay the same. For years, U.S. Department of Justice (DOJ) leadership has used the ABA National Institute on White Collar Crime and other major conferences to highlight enforcement…more

Artificial Intelligence, CFTC, Compliance, Department of Justice (DOJ), Ethics

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California Moves Ahead on ESG Reporting

On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data Accountability…more

California, CARB, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

See all updates »

Health Care AI and Drug Prices: Highlights From Two Senate Hearings

Health Care was a hot topic in the U.S. Senate on February 8, as two important Senate Committees – the Committee on Finance and the Committee on Health, Education, Labor, and Pensions (HELP) – held hearings, respectively, on the…more

Artificial Intelligence, Bias, Drug Pricing, Equity, Healthcare

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PFAS and NDAA 2024

We took a look at the 2024 NDAA with respect to PFAS, since Congress has a track record of passing substantive provisions to require EPA to regulate PFAS in prior NDAA legislation. Although not as consequential as the 2020 NDAA,…more

Department of Defense (DOD), Environmental Protection Agency (EPA), GAO, Hazardous Substances, NDAA

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Biden Administration Seeks to Increase Section 301 Duties on Imports from China – Including of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products

On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on recommendations…more

Biden Administration, China, Electric Vehicles, Section 301, Tariffs

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[Webinar] 2023 Federal Infrastructure Series: Navigating the Federal Grant Compliance Landscape - May 16th, 12:00 pm - 1:00 pm EDT

Please join us for the fourth episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal…more

Accounting, Audits, Compliance, Construction Industry, Continuing Legal Education

See all updates »

Top Ten Considerations for a Joint Venture in a Government Procurement

For government contractors with diverse strengths and shared business objectives, joint ventures—known formally as “contractor team arrangements” (CTA) in the Federal procurement context—can provide significant opportunities for…more

Dispute Resolution, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems, Intellectual Property Protection

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Digital Currency and National Security Implications

In this podcast, Wiley Partners Hon. Nazak Nikakhtar and Steve Obermeier, Erik Bethel, Senior Adviser, Project on Prosperity and Development at the Center for Strategic and International Studies (CSIS), and Colin Leach,…more

Central Bank Digital Currency (CBDCs), Cryptocurrency, Digital Currency, National Security

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Federal Trade Commission Issues Final Rule Banning Most Non-Competes: What You Should Know

WHAT HAPPENED: On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) issued the Non-Compete Clause Rule (the “final rule” or the “rule”), which effectively bans the use and enforcement of non-compete agreements with…more

CEOs, Chamber of Commerce, Employment Contract, Federal Trade Commission (FTC), FTC Act

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SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award…more

Bid Protests, Bid Solicitation, COFC, Federal Acquisition Regulations (FAR), Federal Contractors

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SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award…more

Bid Protests, Bid Solicitation, COFC, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

DOJ Signals Tough Stance on Crimes Involving Misuse of Artificial Intelligence

WHAT: Deputy Attorney General (DAG) Lisa O. Monaco delivered remarks at the University of Oxford in the United Kingdom on “the Promise and Perils of AI.” Her remarks focused on the U.S. Department of Justice’s (DOJ) use of…more

Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), Corporate Counsel, Cyber Crimes, Cybersecurity

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House Foreign Affairs Committee’s TIGER Task Force Releases Report on Recommendations to Improve the FMS Process

WHAT: The House Foreign Affairs Committee’s Technical, Industrial, and Governmental Engagement for Readiness (TIGER) Task Force has released a report identifying problems with the Foreign Military Sales (FMS) process and…more

Department of Defense (DOD), Economic Sanctions, Export Controls, Federal Contractors, National Security

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Should Federal Government Insure “Catastrophic Cyber Incidents”? Comments due November 14, 2022

On September 29, 2022, the Federal Insurance Office (FIO) of the Department of the Treasury published a Request for Comment (RFC) related to cyber insurance and catastrophic cyber incidents…more

Catastrophic Events, Comment Period, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Insurance

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Recent Developments in Pharmacy-Related Legislation and Regulations

Over the last two months, there has been a steady influx of regulatory and legislative efforts regarding drug pricing and the pharmacy industry. To streamline your review, we summarize below a few noteworthy developments that…more

Administrative Dispute Resolution Act of 1996, Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, GAO

See all updates »

Wiley Consumer Protection Download (May 14, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Credit Cards, Department of Justice (DOJ)

See all updates »

Space Force Unleashes Project Apollo to Accelerate Private Sector Tech Development

WHAT: The Space Force’s Space Domain Awareness (SDA) Tools, Applications, & Processing (TAP) Lab is kicking off its inaugural Project Apollo cohort on October 26, 2023. Open to all domestic companies, Project Apollo will be “an…more

Aerospace, Department of Defense (DOD), Domestic Corporations, Federal Contractors, Intellectual Property Protection

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Biden Administration Seeks to Increase Section 301 Duties on Imports from China – Including of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products

On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on recommendations…more

Biden Administration, China, Electric Vehicles, Section 301, Tariffs

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FCC’s Space Bureau Seeks to Refresh the Record on Orbital Debris Mitigation and Space Sustainability

On May 2, the Federal Communications Commission’s (FCC) Space Bureau issued a Public Notice seeking to refresh the record on orbital debris mitigation rule changes originally proposed in a Further Notice of Proposed Rulemaking…more

Aerospace, FCC, Media, NASA, Outer Space

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Utah Adopts New AI Disclosure Law that Goes Into Effect on May 1, 2024

On March 13, 2024, the Utah governor signed the Artificial Intelligence Policy Act (the Utah AI Act) into law. This new law—which will directly regulate the private sector’s use of generative AI by imposing disclosure…more

Artificial Intelligence, Compliance, Disclosure Requirements, Enforcement, Machine Learning

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FCC Releases 2018 Quadrennial Review Report and Order

The Federal Communications Commission (FCC or Commission) released the Report and Order (Order) in the 2018 Quadrennial Review, one day before the December 27 deadline mandated by the United States Court of Appeals for the…more

Business Ownership, FCC, Minority-Owned Businesses, Networks, NPRM

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Not So Fast, NIST: DOD Issues Class Deviation to Retake Control Over What Cybersecurity Requirements Apply to its Contracts

WHAT: On May 2, 2024, the U.S. Department of Defense (DOD) issued a Defense Federal Acquisition Regulation Supplement (DFARS) class deviation related to the cybersecurity standards required for covered contractor information…more

Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), DFARS, Federal Contractors

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Oregon Overhauls Campaign Finance System for 2027, Imposes Contribution Limits for First Time

The Oregon state legislature has passed, and the governor has signed, legislation that will impose contribution limits beginning in January 2027. This will be the first time Oregon limits political contributions in the state. …more

Foreign Entities, Foreign Nationals, Oregon, Political Campaigns, Political Contributions

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Transmitting Information to Credit Reporting Agencies Constitutes “Electronic Publishing”

The United States District Court for the Eastern District of Missouri, applying Missouri law, has held that a consumer class action alleging false credit reporting is potentially covered under a management liability policy…more

Class Action, Credit Reporting Agencies, Credit Reports, Credit Unions, Insurance Litigation

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FAR Council Proposes Changes to Harmonize Procurement and Nonprocurement Suspension and Debarment Rules

WHAT: On January 9, 2024, the Federal Acquisition Regulation (FAR) Council published a proposed rule to amend the FAR to improve consistency between the procurement and nonprocurement rules on suspension and debarment. The…more

Criminal Convictions, Federal Acquisition Regulations (FAR), Federal Contractors, Procurement Guidelines, Proposed Rules

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Personnel Policies Exclusion Bars Coverage for Negligence Action Arising from Alleged Sexual Harassment and Assault of Insured’s Employee

The United States District Court for the Western District of Pennsylvania, applying Pennsylvania law, has held that a personnel policies exclusion bars coverage for an employee’s negligence action against the insured restaurant…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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Wiley Consumer Protection Download (May 14, 2024)

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Credit Cards, Department of Justice (DOJ)

See all updates »

Keith Matthews and Kim Reynolds: Talking Ag Biotech Episode 6

On this episode of Talking Ag Biotech, Keith Matthews is rejoined by Kimberly Reynolds of Wiley’s International Trade practice to discuss the new dispute resolution panel that has been established in the United States-Mexico…more

Cross-Border Transactions, Dispute Resolution, Foreign Relations, Trade Relations, United States-Mexico-Canada Agreement (USMCA)

See all updates »

Biden Administration Seeks to Increase Section 301 Duties on Imports from China – Including of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products

On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on recommendations…more

Biden Administration, China, Electric Vehicles, Section 301, Tariffs

See all updates »

New Federal Data Broker Law Will Restrict Certain Foreign Data Sales Effective June 23

On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S…more

Data Brokers, Data Collection, Department of Justice (DOJ), Federal Trade Commission (FTC), Foreign Adversaries

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New FCC Proceeding to Tackle Security in Equipment, Auctions, and Beyond

On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization…more

Competitive Bidding, FCC, National Security, NPRM, Technology Sector

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PPP Loan Program Re-Opens

As we recently detailed, on January 6, 2021, the Small Business Administration (SBA) issued two Interim Final Rules (first rule and second rule) setting forth the regulations for the newly authorized round of PPP funding, which…more

Borrowers, Loan Applications, Loans, Paycheck Protection Program (PPP), Relief Measures

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FCC Sunsets Form 477 Filing Obligations

On December 8, 2022, the Federal Communications Commission (FCC) released an Order sunsetting the obligation of facilities-based providers to report Form 477 broadband deployment data. The FCC’s action is consistent with its…more

Broadband, Data Collection, FCC, Notification Requirements, Telecommunications

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Requirements for Consumer Products Containing Coin and Button Cells Expected to Phase in Soon

Deadlines for compliance with central elements of Reese’s Law are fast approaching. Many consumer products that use coin or button cell batteries will have to comply with the UL 4200A-2023 standard (and be tested to confirm…more

ASTM, Batteries, Child Safety, Consumer Product Companies, Consumer Product Safety Commission (CPSC)

See all updates »

Recent Developments in Pharmacy-Related Legislation and Regulations

Over the last two months, there has been a steady influx of regulatory and legislative efforts regarding drug pricing and the pharmacy industry. To streamline your review, we summarize below a few noteworthy developments that…more

Administrative Dispute Resolution Act of 1996, Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, GAO

See all updates »

AI Around the Globe: What to Know in 2024

In this Wiley Connected podcast, hear from Wiley Partners Amb. David Gross, Duane Pozza, Joan Stewart, and Consulting Counsel Jacquelynn Ruff about the latest in international developments surrounding Artificial Intelligence…more

Artificial Intelligence, Biden Administration, EU, Executive Orders, Innovative Technology

See all updates »

FCC’s “Spring Cleaning” Initiative Signals More Robocall Enforcement Activity Ahead

Over the last two years, federal and state agencies have significantly ramped up enforcement activities against companies and voice service providers allegedly responsible for the generation of illegal robocalls. That trend is…more

Automation Systems, Department of Justice (DOJ), Enforcement, FCC, Federal Trade Commission (FTC)

See all updates »

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award…more

Bid Protests, Bid Solicitation, COFC, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

The Door Closes on Section 1782 Discovery: U.S. Supreme Court Interprets Controversial Law with Decisive Consequences for International Arbitration

The role of U.S. courts in international arbitration has fundamentally shifted. The Supreme Court issued a unanimous decision in ZF Automotive US v. Luxshare holding that 28 U.S.C. § 1782 does not apply to international…more

Discovery, Foreign Tribunals, Intergovernmental Agreements, International Arbitration, SCOTUS

See all updates »

Top Ten Considerations for a Joint Venture in a Government Procurement

For government contractors with diverse strengths and shared business objectives, joint ventures—known formally as “contractor team arrangements” (CTA) in the Federal procurement context—can provide significant opportunities for…more

Dispute Resolution, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems, Intellectual Property Protection

See all updates »

[Webinar] Privacy and Security in Transactional Due Diligence - May 25th, 12:00 pm - 1:00 pm EDT

Join us to discuss effective approaches to managing due diligence on privacy and cybersecurity issues across transactions. Companies considering acquisitions or joint ventures will need to engage in effective management of…more

Acquisitions, Artificial Intelligence, Cybersecurity, Data Privacy, Data Security

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Food for Thought and Thoughts on Food: A Discussion on Scaling in Food and Other Industries

On this episode, Wiley's Amaru Sánchez is joined by Ryan Hawkins from Next Rung Technologies to discuss scaling across multiple industries and sectors and the difficulties startups are facing in the current investment landscape…more

Business Development, Food Manufacturers, Food Safety, Food Supply, Regulatory Oversight

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Bodily Injury Exclusion in E&O Policy Bars Coverage Under New York Law

In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a bodily injury exclusion bars coverage under an errors and omissions policy for lawsuits…more

Bodily Injury, Errors and Omissions Policy, Insurance Claims, Insurance Industry, Insurance Litigation

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DDTC and BIS Ease Export Controls for Australia and the United Kingdom - UPDATED May 10, 2024

*This alert was originally published on May 3, 2024 and updated on May 8, 2024 based on a correction published by BIS that day. The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed…more

Australia, Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), ECCNs, Export Administration Regulations (EAR)

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New Federal Data Broker Law Will Restrict Certain Foreign Data Sales Effective June 23

On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S…more

Data Brokers, Data Collection, Department of Justice (DOJ), Federal Trade Commission (FTC), Foreign Adversaries

See all updates »

DDTC and BIS Ease Export Controls for Australia and the United Kingdom - UPDATED May 10, 2024

*This alert was originally published on May 3, 2024 and updated on May 8, 2024 based on a correction published by BIS that day. The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed…more

Australia, Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), ECCNs, Export Administration Regulations (EAR)

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Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)…more

Appellate Courts, Biometric Information Privacy Act, Commercial General Liability Policies, Cyber Insurance, Data Storage

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The Door Closes on Section 1782 Discovery: U.S. Supreme Court Interprets Controversial Law with Decisive Consequences for International Arbitration

The role of U.S. courts in international arbitration has fundamentally shifted. The Supreme Court issued a unanimous decision in ZF Automotive US v. Luxshare holding that 28 U.S.C. § 1782 does not apply to international…more

Discovery, Foreign Tribunals, Intergovernmental Agreements, International Arbitration, SCOTUS

See all updates »

TSCA “Data Call In” Proposed for 16 Priority Chemicals, Including Hydrogen Fluoride

On March 26, 2024, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 8(d) of the Toxic Substances Control Act (TSCA) that would require manufacturers and importers of 16 chemical substances to…more

Environmental Protection Agency (EPA), Manufacturers, NAICS, Reporting Requirements, Toxic Chemicals

See all updates »

NTIA Seeks Input and Meetings on Implementation Plan for National Spectrum Strategy

On November 29, 2023, the National Telecommunications and Information Administration (NTIA) released a Notice of Opportunity for Public Input on the forthcoming implementation plan for the agency’s National Spectrum Strategy…more

Comment Period, Drones, FCC, Federal Aviation Administration (FAA), NTIA

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OMB Issues Updated Guidance on Implementing Build America, Buy America Requirements

WHAT: The Office of Management and Budget (OMB) recently issued an update to its initial guidance on implementing the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. This is the third set of…more

Buy America, Federal Contractors, Guidance Update, Made in the USA, OMB

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Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification

In this episode, Wiley partners Gary Ward, Tracye Howard, and Craig Smith examine the ongoing developments related to implementation of the Cybersecurity Maturity Model Certification (CMMC) program. They discuss the current…more

Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Privacy, Data Security

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FTC Requests Comment on Potential Revisions to Green Guides

On December 20, 2022, the Federal Trade Commission (FTC) published a Request for Comment (Request) on potential revisions to its Green Guides for the Use of Environmental Claims (Green Guides)…more

Comment Period, Environmental Claims, Federal Trade Commission (FTC), Green Guides, Green Marketing

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[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm - 2:00 pm EDT

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely…more

Class Action, Data Privacy, Litigation Strategies, Online Videos, Video Privacy Protection Act

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June 3, 2024 FCC EEO Deadlines for Stations in DC, MD, VA, WV, MI, OH, AZ, ID, NV, NM, UT, and WY

Radio and television station employment units (SEUs) located in the District of Columbia, Virginia, West Virginia, Michigan, Ohio, Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming with five or more full-time employees must…more

Broadcasting, EEO, FCC, Filing Deadlines, Radio Stations

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FCC Releases Long-Anticipated Data Breach Reporting NPRM, Proposing Major Changes to CPNI Rules

On January 6, 2023, the Federal Communications Commission (FCC or Commission) released its Data Breach Reporting Requirements NPRM (NPRM) after adopting the item by a 4-0 vote on December 28, 2022. This long-awaited NPRM…more

Breach Notification Rule, Broadband, Broadband Privacy Rules, Congressional Review Act, Customer Proprietary Network Information (CPNI)

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Supreme Court to Consider DOJ’s Dismissal Authority in False Claims Act Qui Tam Cases

What: The U.S. Supreme Court recently granted certiorari on a petition seeking to curtail the U.S. Department of Justice’s (DOJ) ability to dismiss False Claims Act (FCA) qui tam cases, even if DOJ has determined that the case…more

Certiorari, Department of Justice (DOJ), False Billing, False Claims Act (FCA), Fraud

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FemTech: Biases and Data Privacy

In this Wiley Connected episode, Associate Krystal Swendsboe sits down with health care Special Counsel Bethany Corbin to discuss FemTech and the biases and data privacy issues in the industry…more

Data Privacy, Health Care Providers, Health Technology, Physicians, Technology Sector

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Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]

Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual…more

Biotechnology, Copyright, Design Patent, Intellectual Property Protection, IP License

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The Door Closes on Section 1782 Discovery: U.S. Supreme Court Interprets Controversial Law with Decisive Consequences for International Arbitration

The role of U.S. courts in international arbitration has fundamentally shifted. The Supreme Court issued a unanimous decision in ZF Automotive US v. Luxshare holding that 28 U.S.C. § 1782 does not apply to international…more

Discovery, Foreign Tribunals, Intergovernmental Agreements, International Arbitration, SCOTUS

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Treasury and IRS Provide Initial Guidance on Inflation Reduction Act Domestic Content Bonus Credit Requirements

On May 12, 2023, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued initial guidance on the Inflation Reduction Act’s (IRA) requirements for domestic content bonus tax credits for…more

Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS, New Guidance

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A Banner Year for the False Claims Act at the Supreme Court

The U.S. Supreme Court’s October 2022 term was a blockbuster for the False Claims Act (FCA). The Court recently decided two cases poised to change the landscape of FCA cases in the lower courts: United States ex rel. Schutte v…more

Department of Justice (DOJ), False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam, Reasonable Interpretations

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U.S. Court of International Trade Upholds Section 301 Duties on China

In a highly significant decision on March 17, 2023, a three-judge panel of the U.S. Court of International Trade (CIT) issued an opinion upholding the U.S. Trade Representative’s (USTR) imposition in 2018 and 2019 of a third and…more

Administrative Procedure Act, China, Corporate Counsel, Court of International Trade, Imports

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Changes at the FEC in 2020

The U.S. Senate voted to confirm three new nominees to serve as Commissioners of the Federal Election Commission (FEC or Commission). The nominees are Shana Broussard, Sean Cooksey, and Allen Dickerson. They are expected to be…more

Federal Election Commission (FEC), Nominations, Trump Administration

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Should Federal Government Insure “Catastrophic Cyber Incidents”? Comments due November 14, 2022

On September 29, 2022, the Federal Insurance Office (FIO) of the Department of the Treasury published a Request for Comment (RFC) related to cyber insurance and catastrophic cyber incidents…more

Catastrophic Events, Comment Period, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Insurance

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Maryland Pay-to-Play Report Due May 31 - UPDATED May 23 2023

Please note that Maryland’s semiannual pay-to-play report is due on May 31 from certain state and local government contractors, even if no reportable contributions have been made…more

Lobbying, Maryland, Pay-To-Play, Political Contributions, Reporting Requirements

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10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate Committee…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Corporate Counsel, Data Privacy

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[Webinar] The FCC’s Expanding Enforcement Reach: Five Things You Need to Know - May 30th, 12:00 pm - 1:00 pm EDT

While the FCC is well-known for broadcast and telecom regulation, the Commission regulates broadly, reaching communications networks, the marketing and sale of electronic devices, space-based services, diverse grant and subsidy…more

Broadband, Enforcement Actions, Enforcement Authority, FCC, Federal Communications Act

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DOJ to Use ‘Carrots to Wield Larger Sticks’ in 2024

The more things change, the more things stay the same. For years, U.S. Department of Justice (DOJ) leadership has used the ABA National Institute on White Collar Crime and other major conferences to highlight enforcement…more

Artificial Intelligence, CFTC, Compliance, Department of Justice (DOJ), Ethics

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The End of an Era: FDA Announces Disposition Plans for COVID-19 Related Guidance Documents

The COVID-19 pandemic presented the U.S. Food and Drug Administration (FDA or Agency) with a monumental task of shifting its operations and the way it approached the regulation of critical drugs, medical devices, and biologic…more

CDRH, Center for Biologics Evaluation and Research (CBER), Center for Drug Evaluation and Research (CDER), Clinical Trials, Coronavirus/COVID-19

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New White House Policy Previews Increased Cybersecurity Oversight and Regulation

On April 30, 2024 the White House updated the foundational U.S. government policy that defines critical infrastructure (CI) sectors and establishes a coordination structure within the federal government to support owners and…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Information Sharing Act (CISA), FCC, General Services Administration (GSA)

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FEC Allows Federal Officeholders to Establish State PACs

Recently the Federal Election Commission (FEC) approved an advisory opinion (AO 2023-09) that allows federal officeholders and candidates to establish and operate state PACs that spend funds solely in connection with state and…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), Local Elections, PACs

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SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award…more

Bid Protests, Bid Solicitation, COFC, Federal Acquisition Regulations (FAR), Federal Contractors

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Not So Fast, NIST: DOD Issues Class Deviation to Retake Control Over What Cybersecurity Requirements Apply to its Contracts

WHAT: On May 2, 2024, the U.S. Department of Defense (DOD) issued a Defense Federal Acquisition Regulation Supplement (DFARS) class deviation related to the cybersecurity standards required for covered contractor information…more

Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), DFARS, Federal Contractors

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EPA Overhauls Rules for Evaluating Existing Chemical Risks: Three Key Takeaways for Downstream Users

Only six months after proposing to amend the procedures for risk evaluations under the Toxic Substances Control Act (TSCA), the final rule was published in the Federal Register on May 3, 2024. A flurry of activity will soon…more

Chemicals, Corporate Counsel, Environmental Protection Agency (EPA), Risk Management, Toxic Chemicals

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Delaware Law Applies to Coverage Dispute over Stockholder Appraisal Action

The Delaware Supreme Court has held that Delaware law, rather than Montana law, applies in a dispute over D&O coverage for defense costs incurred in a stockholder appraisal action. Stillwater Mining Co. v. Nat’l Union Fire Ins…more

Choice-of-Law, D&O Insurance, DE Supreme Court, Defense Costs, Insurance Industry

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[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm - 2:00 pm EDT

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely…more

Class Action, Data Privacy, Litigation Strategies, Online Videos, Video Privacy Protection Act

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DOE Announces $3 Billion in Funding for U.S. Battery Supply Chain

On May 2, 2022, the Department of Energy (DOE) announced $3.16 billion in funding under the Infrastructure Investment and Jobs Act to make more batteries and battery components in the United States and to bolster domestic…more

Charging Stations, Department of Energy (DOE), Electric Vehicles, Executive Orders, Federal Funding

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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based on…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Due Diligence

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Biden Administration Seeks to Increase Section 301 Duties on Imports from China – Including of Steel, Aluminum, Electric Vehicles, Semiconductors, Solar Cells, and Other Products

On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on recommendations…more

Biden Administration, China, Electric Vehicles, Section 301, Tariffs

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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based on…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Due Diligence

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FEC Advisory Opinion Roundup: Contributor-Centric Analysis Appears Here to Stay

The Federal Election Commission (FEC) recently issued three noteworthy advisory opinions covering a variety of topics. These opinions are briefly summarized below. Contribution Processors: Advisory Opinion 2022-10…more

Advisory Opinions, Algorithms, Campaign Funds, Digital Service Providers, Email

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New White House Policy Previews Increased Cybersecurity Oversight and Regulation

On April 30, 2024 the White House updated the foundational U.S. government policy that defines critical infrastructure (CI) sectors and establishes a coordination structure within the federal government to support owners and…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Information Sharing Act (CISA), FCC, General Services Administration (GSA)

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The Door Closes on Section 1782 Discovery: U.S. Supreme Court Interprets Controversial Law with Decisive Consequences for International Arbitration

The role of U.S. courts in international arbitration has fundamentally shifted. The Supreme Court issued a unanimous decision in ZF Automotive US v. Luxshare holding that 28 U.S.C. § 1782 does not apply to international…more

Discovery, Foreign Tribunals, Intergovernmental Agreements, International Arbitration, SCOTUS

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SEC Annual Whistleblower and Enforcement Reports Signal Continued Aggressiveness in 2023 and Beyond

On November 15, 2022 the U.S. Securities and Exchange Commission (SEC) released its Dodd-Frank Whistleblower Program fiscal year (FY) 2022 Annual Report to Congress. The same day, the SEC reported on the Enforcement Division’s…more

Annual Reports, Corporate Counsel, Dodd-Frank, Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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7 Tips for Leveraging Artificial Intelligence While Managing Risks in Political Campaigns

While its full potential is still untapped, artificial intelligence (AI) is poised to play a greater role during the 2024 elections and future grassroots advocacy efforts. Here are seven tips corporations and others should…more

Advertising, Artificial Intelligence, Bad Actors, Bias, Federal Election Commission (FEC)

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Panuwat Insider Trading Verdict Foreshadows More Civil and Criminal Enforcement

On April 5, 2024, a federal jury in California found Matthew Panuwat liable of insider trading in a closely followed case that may serve as the harbinger for expanded insider trading enforcement. In SEC v. Panuwat (N.D. Cal.),…more

Confidential Information, Department of Justice (DOJ), ETFs, Insider Trading, MNPI

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2024 Election Campaign Finance by the Numbers: Coordination Bans and Electioneering Communication Windows

With the first Republican Presidential debate behind us, we know that we are approaching the 2024 election season. Yesterday (Sunday, September 17), the season really kicked off as far as federal campaign finance is concerned…more

Campaign Funds, Department of Justice (DOJ), Federal Election Commission (FEC), Political Campaigns, Political Candidates

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
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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