Cohen & Gresser LLP

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800 Third Avenue
New York, New York 10022, United States
Phone: 212 957 7600
Fax: 212 957 4514
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Criminal Law
  • Energy & Utilities
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
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Locations
Other U.S. Locations
  • D.C.
  • New York
Other Countries
  • France
  • United Kingdom
Number of Attorneys
51-99 Attorneys

DOJ Revisions to Corporate Criminal Enforcement Policies Are a Potential Sea Change for Internal Investigations

Two weeks ago, the U.S. Department of Justice (“DOJ”) announced broad changes to its policies on corporate criminal enforcement. The changes were outlined in a memorandum entitled Further Revisions to Corporate Criminal…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Investigations, Regulatory Oversight

See all updates »

DOJ Revisions to Corporate Criminal Enforcement Policies Are a Potential Sea Change for Internal Investigations

Two weeks ago, the U.S. Department of Justice (“DOJ”) announced broad changes to its policies on corporate criminal enforcement. The changes were outlined in a memorandum entitled Further Revisions to Corporate Criminal…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Investigations, Regulatory Oversight

See all updates »

Anti-Money Laundering Act of 2020 Significantly Expands Reach of Subpoenas of Non-U.S. Banks That Have U.S. Correspondent Accounts

Non-U.S. banks that maintain correspondent accounts in the United States face the prospect of significantly broader subpoenas from the Department of Justice (“DOJ”) and the Department of Treasury (“Treasury”) as a result of the…more

Anti-Money Laundering, Banking Sector, Department of Justice (DOJ), Financial Records, Foreign Banks

See all updates »

[Webinar] Preparing an International Legislative Strategy - September 28th, 12:00 pm EST

Earlier this summer, the Group of Seven (G7) held their annual summit to coordinate global policy and devise a plan to help the world build back better from COVID-19. The G7 discussed several priorities and initiatives,…more

Business Operations, Corporate Taxes, EU, Federal Budget, Foreign Investment

See all updates »

Employer Obligations under the New Families First Coronavirus Response Act

The Families First Coronavirus Response Act (the “Act”) was signed into law on March 18, 2020. The Act provides paid sick and protected job leave for employees who are unable to work because they, or their family members, are…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Relief Measures, Sick Leave

See all updates »

Post-Brexit UK: Open for (Crypto) Business?

The UK’s HM Treasury published its response to last year’s consultation on the UK regulatory approach to cryptoassets, stablecoins, and distributed ledger technology (“DLT”) in financial markets on the 4th of April 2022. -…more

Cryptocurrency, Distributed Ledger Technology (DLT), Financial Markets, FinTech, HM Treasury

See all updates »

Courts Remain Uncertain on How to Apply the New Due Diligence Requirement for Preference Claims

The Bankruptcy Code and its predecessor statutes have long permitted bankruptcy trustees (or their equivalents) to claw back preferences, which involve transfers made on preexisting debts within 90 days (or 1 year, if made to an…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Preferences, Chapter 11, Creditors

See all updates »

Trial Setbacks Are Unlikely to Deter the Antitrust Division from Aggressively Pursuing Labor Cases

Last week, the Department of Justice Antitrust Division suffered two trial setbacks in its efforts to bring cases involving alleged anticompetitive conduct in labor markets. Despite these losses, we expect the Division to…more

Antitrust Division, Antitrust Litigation, Antitrust Violations, Biden Administration, Department of Justice (DOJ)

See all updates »

UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant…more

Corporate Misconduct, Criminal Investigations, Financial Conduct Authority (FCA), Fraud, Incentives

See all updates »

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to the…more

Department of Transportation (DOT), EU, EU-US Privacy Shield, European Commission, Federal Trade Commission (FTC)

See all updates »

Settling Section 16(b) Short Swing Claims: Who Gets a Seat at the Table?

In an opinion this month in Revive Investing LLC v. FBC Holdings S.A.R.L., Magistrate Judge Gorenstein of the Southern District of New York recommended the grant of summary judgment to the defendant in a Section 16(b)…more

Liability, Securities Litigation, Settlement Agreements, Shareholders, Short-Swing Trading

See all updates »

Managing the Risks of Cross-Border Investigations for Israeli Businesses

Enforcement Efforts Are Increasingly International - White collar investigations and prosecutions, notably those initiated by American authorities, have become increasingly international, reaching far beyond the borders of…more

Anti-Corruption, Corporate Crimes, Crisis Management, Cross-Border, Department of Justice (DOJ)

See all updates »

FCPA Jurisdiction: The Courts Weigh In

Introduction - The jurisdictional reach of the Foreign Corrupt Practices Act (‘‘FCPA’’) is famously long. U.S. regulators have claimed that the statute applies to U.S. and foreign corporations; U.S. nationals anywhere in…more

Bribery, Compliance, Department of Justice (DOJ), Foreign Corporations, Foreign Corrupt Practices Act (FCPA)

See all updates »

Newsletter sociale - Janvier 2021

Chers clients, chers confrères, chers amis, nous profitons de notre première Newsletter de l’année pour vous présenter nos meilleurs vœux pour cette nouvelle année qui s’annonce encore un peu particulière. L’activité partielle,…more

Compensation, Employees, France, International Labor Laws, Remote Working

See all updates »

[Webinar] Preparing an International Legislative Strategy - September 28th, 12:00 pm EST

Earlier this summer, the Group of Seven (G7) held their annual summit to coordinate global policy and devise a plan to help the world build back better from COVID-19. The G7 discussed several priorities and initiatives,…more

Business Operations, Corporate Taxes, EU, Federal Budget, Foreign Investment

See all updates »

DOJ Revisions to Corporate Criminal Enforcement Policies Are a Potential Sea Change for Internal Investigations

Two weeks ago, the U.S. Department of Justice (“DOJ”) announced broad changes to its policies on corporate criminal enforcement. The changes were outlined in a memorandum entitled Further Revisions to Corporate Criminal…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Investigations, Regulatory Oversight

See all updates »

Newsletter social: Le Comité social et é conomique: c’est parti !

Le Comité social et économique (CSE) est la nouvelle instance représentative du personnel (IRP) créée par l’ordonnance n°2017-1386 du 22 septembre 2017 relative à la nouvelle organisation du dialogue social et économique. Le CSE…more

France, International Labor Laws, Labor Reform, President Macron

See all updates »

Firm Chat Application Policy: The Consequences of the UK FCA’s 2020 Prosecution of Konstantin Vishnyak

The need for tighter control on employees’ use of chat applications when conducting or discussing company business. What we learned from the FCA’s 2020 Vishnyak prosecution and the FCA’s reminder about the need to record…more

Confidential Information, Electronic Communications, Employees, Financial Conduct Authority (FCA), Mobile Apps

See all updates »

The SEC Provides Significant Relief from Registration Requirements for M&A Brokers

On January 31, 2014, the Securities and Exchange Commission (SEC) issued an important no-action letter in which the staff of the SEC’s Division of Trading and Markets declared that it would not recommend enforcement action…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Registration, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant…more

Corporate Misconduct, Criminal Investigations, Financial Conduct Authority (FCA), Fraud, Incentives

See all updates »

Newsletter sociale - Janvier 2021

Chers clients, chers confrères, chers amis, nous profitons de notre première Newsletter de l’année pour vous présenter nos meilleurs vœux pour cette nouvelle année qui s’annonce encore un peu particulière. L’activité partielle,…more

Compensation, Employees, France, International Labor Laws, Remote Working

See all updates »

Enquête interne anticorruption et coopération judiciaire

L’Agence française anticorruption (AFA) et le Parquet national financier (PNF) ont publié conjointement en mars 2023 un guide pratique visant à apporter aux entreprises un éclairage sur l’objet et la conduite d’une enquête…more

Anti-Corruption, CJIP, France, Internal Controls, Investigations

See all updates »

Failure to Prevent Fraud: Cohen & Gresser Assesses the Consequences of Imminent UK Corporate Fraud Liability Reform

What is happening? The Economic Crime and Corporate Transparency Bill (the “Bill”) is currently going through the UK Parliament. On 11 April 2023, the Government introduced a draft amendment that will create a new corporate…more

Corporate Fraud, Government Investigations, UK, White Collar Crimes

See all updates »

Enquête interne anticorruption et coopération judiciaire

L’Agence française anticorruption (AFA) et le Parquet national financier (PNF) ont publié conjointement en mars 2023 un guide pratique visant à apporter aux entreprises un éclairage sur l’objet et la conduite d’une enquête…more

Anti-Corruption, CJIP, France, Internal Controls, Investigations

See all updates »

Adoption d’une directive européenne sur la protection des lanceurs d’alerte

La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales…more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

See all updates »

Second Chances? What the Neil Woodford Matter Tells Us about the FCA Fit & Proper Test

Introduction - On 14 February 2021, Neil Woodford (a high-profile investment manager in the UK) announced his intention to launch a new fund management firm operated out of the UK and Jersey. Woodford’s announcement was highly…more

Asset Management, Financial Conduct Authority (FCA), Financial Services Industry, Investment, Investment Funds

See all updates »

Private Equity Valuations: Standards and Recent Developments

Originally published in the American Bar Association's Commercial & Business Litigation: Summer 2012, Vol. 13 No. 4 – Delaware Corporations & Private Equity - August 16, 2012. It has been widely reported that in late…more

Private Equity, Private Equity Funds, Securities and Exchange Commission (SEC), Valuation

See all updates »

USPTO Soliciting Comments on Software Patent Issues

The United States Patent and Trademark Office announced its intent earlier this month to form a “Software Partnership” with the software community in order to enhance the quality of software-related patents (the “Notice”) and,…more

Patents, Software, USPTO

See all updates »

Failure to Prevent Fraud: Cohen & Gresser Assesses the Consequences of Imminent UK Corporate Fraud Liability Reform

What is happening? The Economic Crime and Corporate Transparency Bill (the “Bill”) is currently going through the UK Parliament. On 11 April 2023, the Government introduced a draft amendment that will create a new corporate…more

Corporate Fraud, Government Investigations, UK, White Collar Crimes

See all updates »

Adoption d’une directive européenne sur la protection des lanceurs d’alerte

La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales…more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

See all updates »

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and…more

Arbitration Agreements, AT&T Mobility, AT&T Mobility v Concepcion, Car Dealerships, Class Action Arbitration Waivers

See all updates »

Federal Trade Commission and Department of Justice Issue New Merger Guidelines

Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest…more

Acquisitions, Antitrust Provisions, Competition, Enforcement, Federal Trade Commission (FTC)

See all updates »

COVID-19: Will Borrower Defaults Increase?

On 11 March 2020, the Bank of England (the “Bank”) warned of “an economic shock that could prove sharp and large” resulting from the coronavirus outbreak that started in Wuhan, China, at the end of 2019. Presenting a package…more

Bank of England, Borrowers, China, Contract Terms, Coronavirus/COVID-19

See all updates »

Reduction of the Minimum Number of Shareholders in French Privately Held Stock Corporations

Effective September 12, 2015, the minimum number of shareholders in a French stock corporation (société anonyme or SA) has been reduced from seven to two. This modification is only applicable to privately held SAs, publicly…more

France, Privately Held Corporations, Shareholders, Stock Corporations

See all updates »

Courts Remain Uncertain on How to Apply the New Due Diligence Requirement for Preference Claims

The Bankruptcy Code and its predecessor statutes have long permitted bankruptcy trustees (or their equivalents) to claw back preferences, which involve transfers made on preexisting debts within 90 days (or 1 year, if made to an…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Preferences, Chapter 11, Creditors

See all updates »

Adoption d’une directive européenne sur la protection des lanceurs d’alerte

La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales…more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

See all updates »

Stoner Cats: Another Example of the SEC Targeting NFTs

On September 13, the U.S. Securities and Exchange Commission settled enforcement proceedings against the maker of the Stoner Cats web series arising from its sale of non-fungible tokens (NFTs), reflecting a significant expansion…more

Blockchain, Cease and Desist Orders, Civil Monetary Penalty, Cryptocurrency, Digital Assets

See all updates »

CARES Act Offers Relief for Employers

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020, with the goal of offsetting some of the economic consequences of the COVID-19 pandemic. A key part of the legislation is…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

Victory in Supreme Court Title VII Case

A D.C.­based C&G team helped secure a victory in the U.S. Supreme Court’s landmark ruling that all workers are protected under Title VII of the 1964 Civil Rights Act regardless of gender identity or sexual orientation. In a …more

Altitude Express Inc v Zarda, Amicus Briefs, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes

See all updates »

The SEC Adopts New Rules for SPACs

On January 24, 2024, the U.S. Securities and Exchange Commission (“SEC”) adopted new rules governing initial public offerings (“IPOs”) of special purpose acquisition companies (“SPACs”) and subsequent combinations between SPACs…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Investors, Securities and Exchange Commission (SEC)

See all updates »

Les demandes de brutage fiscal en matière d’arbitrage international d’investissement (Tax Gross-Up Claims in International Arbitration Procedures)

La présentation de demandes de brutage fiscal – ou « tax gross-up » – des indemnités pouvant être réclamées lors d’une procédure d’arbitrage par les parties lésées est essentielle. L’objectif de telles demandes consiste en la…more

Arbitration, Arbitration Awards, Arbitrators, Compensation, Damages

See all updates »

Proposed Changes in Public Company Auditing Standards

On December 11, 2013, the public comment period will close on two new auditing standards proposed by the Public Company Accounting Oversight Board (PCAOB) to improve the informational value of the auditor’s report. These…more

Audits, Compliance, PCAOB, Reporting Requirements, Securities and Exchange Commission (SEC)

See all updates »

SEC Proposes to Amend Beneficial Ownership Reporting Requirements

On February 10, 2022, the SEC adopted a proposal to make significant changes in the rules requiring investors to report their ownership of shares of U.S. publicly traded companies. As recommended by some corporate…more

Beneficial Owner, Comment Period, Proposed Amendments, Publicly-Traded Companies, Reporting Requirements

See all updates »

FTC Consent Decrees Underscore Skepticism and Scrutiny of Private Equity Firms

Twice in the past month, the Federal Trade Commission unanimously announced consent decrees that allow recent private equity-sponsored deals to close with some divestitures but also impose prior notice requirements for future…more

Competition, Consent Decrees, Federal Trade Commission (FTC), Private Equity Firms

See all updates »

New York Assembly Passes Anti-Mining Bill

On April 26, 2022, the New York Assembly passed a bill that would place a two-year moratorium on certain cryptocurrency mining operations that use proof-of-work authentication (POW) methods to validate blockchain transactions…more

Bitcoin Mining, Blockchain, Cryptocurrency, Digital Currency, New York

See all updates »

FTC Proposes Enhanced Information in HSR Filing Requirements

On June 27, 2023, the Federal Trade Commission (“FTC”) announced that it is proposing changes to the premerger notification rules that implement the Hart-Scott-Rodino (“HSR”) Act and to the HSR form and instructions (together,…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Pre-Merger Filing Requirements

See all updates »

Increased Scrutiny for the Crypto Industry: DOJ Creates a Special Enforcement Team as Regulators Sharpen their Focus

The cryptocurrency industry should brace itself for increased scrutiny from the DOJ and other enforcement agencies. The DOJ recently announced the creation of a National Cryptocurrency Enforcement Team (“NCET”), which will have…more

Cryptocurrency, Department of Justice (DOJ), Enforcement Actions, Money Laundering, Non-Fungible Tokens (NFTs)

See all updates »

UK SPAC Update – FCA Final Rules Published

On the 27th of July this year, the UK Financial Conduct Authority (the “FCA”) published a policy statement setting out its final rules and changes to its listing rules for certain special purpose acquisition companies, or…more

Capital Markets, Financial Conduct Authority (FCA), Investment, Investors, Listing Rules

See all updates »

DOJ’s Health Care Task Force Brings Holistic Approach to Policy and Enforcement

The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry…more

Acquisitions, Antitrust Division, Competition, Department of Justice (DOJ), Enforcement

See all updates »

Post-Brexit UK: Open for (Crypto) Business?

The UK’s HM Treasury published its response to last year’s consultation on the UK regulatory approach to cryptoassets, stablecoins, and distributed ledger technology (“DLT”) in financial markets on the 4th of April 2022. -…more

Cryptocurrency, Distributed Ledger Technology (DLT), Financial Markets, FinTech, HM Treasury

See all updates »

UK SPAC Update – FCA Final Rules Published

On the 27th of July this year, the UK Financial Conduct Authority (the “FCA”) published a policy statement setting out its final rules and changes to its listing rules for certain special purpose acquisition companies, or…more

Capital Markets, Financial Conduct Authority (FCA), Investment, Investors, Listing Rules

See all updates »

We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

See all updates »

Pulling Back the Curtain: Congress Establishes a Beneficial Ownership Registry for U.S. and Foreign Businesses

On January 1, 2021, Congress overrode President Trump’s veto, passing into law the annual National Defense Authorization Act for Fiscal Year 2021 (“NDAA”)…more

Anti-Money Laundering, Beneficial Owner, Consolidated Appropriations Act (CAA), Financial Crimes, Financial Institutions

See all updates »

Stoner Cats: Another Example of the SEC Targeting NFTs

On September 13, the U.S. Securities and Exchange Commission settled enforcement proceedings against the maker of the Stoner Cats web series arising from its sale of non-fungible tokens (NFTs), reflecting a significant expansion…more

Blockchain, Cease and Desist Orders, Civil Monetary Penalty, Cryptocurrency, Digital Assets

See all updates »

We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

See all updates »

A New Angle on Banks’ Duties to Customers in Fraud Cases: Philipp v Barclays

What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud? Earlier this month, the Court of Appeal overturned…more

Banks, Barclays, Duty of Care, Financial Institutions, Financial Transactions

See all updates »

A New Angle on Banks’ Duties to Customers in Fraud Cases: Philipp v Barclays

What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud? Earlier this month, the Court of Appeal overturned…more

Banks, Barclays, Duty of Care, Financial Institutions, Financial Transactions

See all updates »

Federal Trade Commission and Department of Justice Issue New Merger Guidelines

Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest…more

Acquisitions, Antitrust Provisions, Competition, Enforcement, Federal Trade Commission (FTC)

See all updates »

The SEC Adopts New Rules for SPACs

On January 24, 2024, the U.S. Securities and Exchange Commission (“SEC”) adopted new rules governing initial public offerings (“IPOs”) of special purpose acquisition companies (“SPACs”) and subsequent combinations between SPACs…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Investors, Securities and Exchange Commission (SEC)

See all updates »

Illinois Bankruptcy Court Takes First Swing at Applying Force Majeure to Nonperformance Due to COVID-19

With the onset of closures and quarantines early this year due to the spread of COVID-19, businesses across the country were confronted with the issue of how to perform their contractual obligations while they were unable to…more

Breach of Contract, Business Closures, Business Interruption, Commercial Bankruptcy, Contract Terms

See all updates »

Newsletter sociale - Janvier 2021

Chers clients, chers confrères, chers amis, nous profitons de notre première Newsletter de l’année pour vous présenter nos meilleurs vœux pour cette nouvelle année qui s’annonce encore un peu particulière. L’activité partielle,…more

Compensation, Employees, France, International Labor Laws, Remote Working

See all updates »

Navigating the Atlantic with Personal Data

Executive summary - In a repeat move echoing the previous invalidation of the “Safe Harbor”, on 16th July 2020 the Court of Justice of the European Union (“CJEU”) invalidated the “Privacy Shield”, which had allowed the…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Processors, Data Protection, EU

See all updates »

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on that…more

Adverse Employment Action, Best Practices, Confidentiality Policies, Disciplinary Proceedings, Disparagement

See all updates »

UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant…more

Corporate Misconduct, Criminal Investigations, Financial Conduct Authority (FCA), Fraud, Incentives

See all updates »

We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

See all updates »

Yet Another Terrible Decision by the Supreme Court: This Time, Endorsing Eugenics!

Oliver Wendell Holmes wrote and said many famous things during his long and illustrious judicial career. One of my personal favorites is: “The life of the law has not been logic, it has been experience.” As I tell my law…more

Due Process, Equal Protection, Genetic Discrimination, Legal History, SCOTUS

See all updates »

Courts Remain Uncertain on How to Apply the New Due Diligence Requirement for Preference Claims

The Bankruptcy Code and its predecessor statutes have long permitted bankruptcy trustees (or their equivalents) to claw back preferences, which involve transfers made on preexisting debts within 90 days (or 1 year, if made to an…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Preferences, Chapter 11, Creditors

See all updates »

COVID, Crypto, and Kleptocrats: Current Justice Department Enforcement Initiatives

The Department of Justice (DOJ) has recently signaled a renewed focus on enforcement, and its priorities are being driven by world events. In the past few months, the DOJ has announced new task forces and more resources to…more

Coronavirus/COVID-19, Cryptocurrency, Department of Justice (DOJ), Enforcement, Enforcement Priorities

See all updates »

Apple Found Liable of Conspiracy to Fix Prices in E-books Case

On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon…more

Apple, Conspiracies, e-Books, Price-Fixing, Publishers

See all updates »

Second Circuit Decision Finds Transformative Use Does Not Require Comment

On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original artist…more

Copyright, Fair Use, Photographs, Transformativeness

See all updates »

DOJ’s Health Care Task Force Brings Holistic Approach to Policy and Enforcement

The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry…more

Acquisitions, Antitrust Division, Competition, Department of Justice (DOJ), Enforcement

See all updates »

Enquête interne anticorruption et coopération judiciaire

L’Agence française anticorruption (AFA) et le Parquet national financier (PNF) ont publié conjointement en mars 2023 un guide pratique visant à apporter aux entreprises un éclairage sur l’objet et la conduite d’une enquête…more

Anti-Corruption, CJIP, France, Internal Controls, Investigations

See all updates »

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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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