Jenner & Block

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353 N. Clark Street
Chicago, IL 60654-3456, United States
Phone: (312) 222-9350
Fax: (312) 527-0484
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Education
  • Elections & Politics
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  • Environmental Law
  • Finance & Banking
  • Government
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  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
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  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
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  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • New York
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

[Ongoing Program] CLE Relay – Session 6 – Information Exchanges: Navigating Antitrust Risk Without Safe Harbors - June 25th, 10:00 am - 11:00 am PDT

In recent years, information exchange has become a priority for both government antitrust enforcers and private antitrust plaintiffs. Across industries, business practices such as benchmarking and algorithmic price setting are…more

Antitrust Provisions, Antitrust Violations, Continuing Legal Education, Enforcement Actions, Information Sharing

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Client Alert: New Title IX Rules: Navigating Compliance Across Campus

On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from…more

Department of Education, Educational Institutions, Final Rules, Investigations, New Regulations

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Client Alert: Navigating United States Trade Policy to Achieve Climate Targets

Achieving the nation’s climate targets will require access to raw materials and components along the clean energy and technology supply chains at competitive costs. Currently in the US, these supply chains rely heavily on…more

Anti-Dumping Duty, China, Clean Energy, Climate Change, Countervailing Duties

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The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

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Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate DEI Programs

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice…more

Bias, College Admissions, Colleges, Discrimination, Diversity

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Client Alert: Key Questions Answered about the New US Outbound Investment Regime Targeting China

On August 9, 2023, President Biden issued an executive order to regulate, for the first time, US outbound investments in key technologies in China that are critical to national security. The executive order directs the Treasury…more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Corporate Counsel

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Client Alert: Corporate Sustainability Due Diligence Directive: Five Key Questions Answered

On April 24, 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive (CS3D). The directive, which must be formally endorsed by the Council of the European Union (EU) before officially becoming…more

Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility, Due Diligence

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Client Alert: CFTC Updates Enforcement Guidance Regarding Monetary Penalties, Third-Party Monitorships, and Admissions of Wrongdoing

In October 2023, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC” or the “Commission”) issued an Enforcement Advisory clarifying the Commission’s approach to negotiated resolutions of enforcement…more

CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA), Enforcement Actions, Financial Services Industry

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[Ongoing Program] CLE Relay – Session 7 – US Supreme Court Term in Review - June 27th, 10:00 am - 11:30 am PDT

The CLE will discuss recent developments at the Court, including the fall-out from key decisions of last term, and recent high-profile discussion of the Court. The panel will also discuss prominent cases from the current term,…more

Abortion, Absolute Immunity, Ballots, Civil Rights Act, Constitutional Challenges

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The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

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Client Alert: Fifth Circuit Holds It Lacks Subject Matter Jurisdiction to Review False Claims Act Retaliation Claim by Former Contractor Employee

In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the Fifth…more

Appeals, False Claims Act (FCA), Federal Contractors, Former Employee, Retaliation

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Client Alert: SEC Adopts Amendments Requiring Additional Disclosures about an Issuer’s Share Repurchases

On May 3, 2023, the Securities and Exchange Commission (the SEC) adopted amendments that increase the amount of disclosure an issuer must provide regarding its repurchases of its equity securities that are registered under the…more

Disclosure Requirements, Form 10-K, Form 10-Q, Proposed Amendments, Publicly-Traded Companies

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FTC Embarks on Rulemaking to Address Impersonation Fraud

On December 16, 2021, the Federal Trade Commission (FTC) initiated a rulemaking to address government and business impersonation fraud, which involves “[i]mpersonators us[ing] all methods of communication to trick their targets…more

Comment Period, Federal Trade Commission (FTC), Fraud, Identity Theft, NPRM

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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California Supreme Court Breaks from Federal Precedent on PAGA

The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River…more

Appeals, Arbitration, CA Supreme Court, California, Employer Liability Issues

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Client Alert: Government Contractors Obtain Relief in More than Half of GAO Bid Protests; Annual Statistics Skewed by CIO-SP4 Protests

Late last week, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2023. The statutorily mandated report contains an array of information about GAO’s bid protest forum…more

Bid Protests, Court of Federal Claims, Federal Contractors, Federal Procurement Systems, GAO

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Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

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Enablement Bar for Drug Patents

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. v. Sanofi, 987 F.3d 1080 (CA Fed. 2021). The Court thus left in place a significant CAFC decision making it more…more

Amgen v Sanofi, CAFC, Enablement Inquiries, Patent Litigation, Patents

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The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

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Reporting Requirements under the Corporate Transparency Act

The Financial Crimes Enforcement Network of the Department of the Treasury (FinCEN) issued final regulations under the Corporate Transparency Act (CTA) which, effective January 1, 2024, require most companies (i.e.,…more

Beneficial Owner, Corporate Transparency Act, Doing Business, Filing Requirements, FinCEN

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Client Alert: Fifth Circuit Highlights the Jurisdictional Challenges of Enforcing a Foreign Arbitral Award Against a Non-Resident Award Debtor: Conti 11. Container Schiffarts-GmbH & Co. v. MSC Mediterranean Shipping Company S.A.

In a decision of potential importance to arbitral award creditors and debtors, the US Court of Appeals for the Fifth Circuit recently reversed a federal district court decision confirming an English arbitral award on the basis…more

Creditors, Debtors, Dispute Resolution, Foreign Arbitral Awards, International Arbitration

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Client Alert: FTC Finalizes Near Total Ban of Noncompetes – How You Can Prepare Now

FTC Votes in Favor of Issuing Final Rule. On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most…more

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

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State Anti-DEI Initiatives Are Gaining Momentum: What Does It Mean for Your Organization?

As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this push-back,…more

Corporate Governance, Diversity and Inclusion Standards (D&I), Florida, Universities

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Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part…more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

See all updates »

Client Alert: FTC Finalizes Near Total Ban of Noncompetes – How You Can Prepare Now

FTC Votes in Favor of Issuing Final Rule. On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most…more

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

See all updates »

Client Alert: New Title IX Rules: Navigating Compliance Across Campus

On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from…more

Department of Education, Educational Institutions, Final Rules, Investigations, New Regulations

See all updates »

DOJ Revises CFAA Charging Policy to Provide Clarity for Cybersecurity Research and Terms of Use

On May 19, 2022, the Department of Justice (DOJ) issued revisions to its existing policy for charging offenses under the Computer Fraud and Abuse Act (CFAA) (2022 CFAA Policy). The revisions state that “good-faith” security…more

Computer Fraud and Abuse Act (CFAA), Cybersecurity, Data Protection, Department of Justice (DOJ), New Guidance

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Is There a Limit to Insurer Unwillingness to Cover Claims for Unsolicited Marketing Communications? Two Decisions by the Seventh Circuit Suggest the Question in a Unique Way.

Among the many unusual aspects of 2021 is that the same insurance company was before a federal appellate court on two separate but contemporaneous cases – one in which the insurer was asserting a lack of insurance coverage based…more

Commercial General Liability Policies, Consumer Fraud, Contract Interpretation, Denial of Insurance Coverage, Federal Rule 12(b)(6)

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Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

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Client Alert: The EU Regulation Banning Products Made with Forced Labour: Key Provisions to Note

On 23 April 2024, the European Parliament approved the much-anticipated regulation banning products made with forced labour from entering the EU market (the ‘Forced Labour Ban’). The approved text builds on the provisions of the…more

China, Corporate Social Responsibility, Due Diligence, Enforcement, EU

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Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

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Illinois Civil Practice Guide - 2024 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A…more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

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Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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English Courts Provide Guidance on Staying Court Proceedings in Favour of Arbitration

English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if…more

Arbitration, Arbitration Agreements, Cayman Islands, EU, International Arbitration

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Client Alert: CFTC Updates Enforcement Guidance Regarding Monetary Penalties, Third-Party Monitorships, and Admissions of Wrongdoing

In October 2023, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC” or the “Commission”) issued an Enforcement Advisory clarifying the Commission’s approach to negotiated resolutions of enforcement…more

CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA), Enforcement Actions, Financial Services Industry

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[Ongoing Program] CLE Relay - Session 4 - Under the Spotlight: How to Navigate Government Scrutiny from Regulators and Legislatures Worldwide - June 14th, 10:00 am - 11:00 am PDT

Government scrutiny doesn’t just come from law enforcement agencies and it doesn’t just come one jurisdiction at a time—in today’s global economy, it can come from multiple angles, all over the world. In this presentation, …more

Best Practices, Continuing Legal Education, Corporate Governance, Enforcement Actions, Government Investigations

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Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill, the…more

Class Action, Dangerous Condition, Inmates, Lead Poisoning, Prison

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[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and…more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

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Client Alert: FTC Finalizes Near Total Ban of Noncompetes – How You Can Prepare Now

FTC Votes in Favor of Issuing Final Rule. On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most…more

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

See all updates »

Unpacking the Supreme Court’s Decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC

Last week, the Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion, Parody

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The “Defensive” 401(k) Plan

No good deed goes unpunished. Those of us working with 401(k) plans are familiar with this sentiment. An employee benefit plan, as the name implies, is supposed to benefit employees. Yet benefit plans – particularly 401(k) plans…more

401k, Arbitration, Benefit Plan Sponsors, Best Practices, Contract Drafting

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Client Alert: Fifth Circuit Holds It Lacks Subject Matter Jurisdiction to Review False Claims Act Retaliation Claim by Former Contractor Employee

In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the Fifth…more

Appeals, False Claims Act (FCA), Federal Contractors, Former Employee, Retaliation

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Client Alert: The Supreme Court Grants Certiorari in Muldrow v. City of St. Louis: How the Case Could Bolster Attacks Against Corporate DEI Initiatives

On June 30, 2023, just one day after the Supreme Court issued its decision in the Students for Fair Admissions cases striking down race-conscious college admissions programs, the Court agreed to hear a case next Term that could…more

Affirmative Action, Certiorari, Civil Rights Act, College Admissions, Diversity and Inclusion Standards (D&I)

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

See all updates »

Client Alert: New Title IX Rules: Navigating Compliance Across Campus

On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from…more

Department of Education, Educational Institutions, Final Rules, Investigations, New Regulations

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Client Alert: Calling (Some but Not All) Whistleblowers: Understanding SDNY’s New Whistleblower Pilot Program

On January 10, 2024, US Attorney Damian Williams announced a new Whistleblower Pilot Program for the US Attorney’s Office of the Southern District of New York (SDNY). The program is designed to proactively uncover criminal…more

Corporate Misconduct, New York, Reporting Requirements, Self-Disclosure Requirements, State Pilot Programs

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NLRB Settles Noncompete Regulatory Action

In May 2023, the General Counsel of the National Labor Relations Board (“NLRB”) published a memorandum stating that an employer who requires a nonmanagerial/nonsupervisory employee to sign a noncompete agreement violates Section…more

Dispute Resolution, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

Chinese Communist Party on Campus? Congress Probes Alleged Chinese Ties to American Universities

With the 118th Congress well underway, certain investigative priorities have come to the fore. One such priority for Democrats and Republicans alike has been on issues relating to China and the Chinese Communist Party (CCP) and…more

China, Colleges, Congressional Committees, Congressional Investigations & Hearings, Educational Institutions

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What Fintechs Need to Know About FinCEN's New Beneficial Ownership Reporting Rule

With the start of the new year, FinCEN’s Beneficial Ownership Reporting Rule (BOI Reporting Rule) came into effect, implementing specific transparency requirements relating to corporate ownership. The BOI Reporting Rule arises…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Final Rules, Financial Institutions

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Client Alert: Insuring Against Recent Trend of Antitrust Actions Targeting Pricing Algorithms

Following a 2022 ProPublica article reporting on the use of a third-party software to inflate rents in “a new kind of cartel,” a new wave of antitrust enforcement and class actions targets companies using pricing algorithms,…more

Antitrust Litigation, Antitrust Provisions, Artificial Intelligence, Business Litigation, Class Action

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Client Alert: California Consumer Privacy Act Rules: Twists and Turns on the Road to Enforcement

Businesses subject to the California Consumer Privacy Act (CCPA) could be forgiven for feeling like they have whiplash from the twists and turns in the California privacy rulemaking process. To recap: In June 2023, the…more

Appeals, CA Supreme Court, California, California Consumer Privacy Act (CCPA), Data Privacy

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Client Alert: The Supreme Court Issues Narrow Ruling in Title VII Case, Muldrow v. City of St. Louis

On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth Circuit,…more

Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues, Employment Discrimination

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Client Alert: CFTC Updates Enforcement Guidance Regarding Monetary Penalties, Third-Party Monitorships, and Admissions of Wrongdoing

In October 2023, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC” or the “Commission”) issued an Enforcement Advisory clarifying the Commission’s approach to negotiated resolutions of enforcement…more

CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA), Enforcement Actions, Financial Services Industry

See all updates »

The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

See all updates »

Client Alert: Biden-Harris Administration Cybersecurity Strategy

On March 1, 2023, the White House released a new National Cybersecurity Strategy (the Strategy) documenting the Biden-Harris administration’s approach to improving cybersecurity across the digital ecosystem. The Strategy signals…more

Biden Administration, Critical Infrastructure Sectors, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Client Alert: Supreme Court Clarifies that Pure Omissions Under Item 303 of Reg. S-K Are Not Actionable Under Rule 10b–5(b)

On April 12, 2024, in Macquarie Infrastructure Corp. v. Moab Partners, L.P., the US Supreme Court held that a company’s mere failure to disclose information required by management’s discussion and analysis (Item 303 of SEC…more

Disclosure, Enforcement Actions, Macquarie Infrastructure Corp v Moab Partners LP, Regulation S-K, Remand

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Taking Stock: Russia-Ukraine Sanctions and Export Controls

As we enter the fourth month of Russia’s illegal war on Ukraine, multilateral sanctions actions continue, but at a slower pace. As discussed in our prior February 25, 2022 and March 11, 2022 alerts, following Russia’s invasion…more

Asset Freeze, Economic Sanctions, Export Controls, Imports, Investment

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Client Alert: Fix Up, Look Sharp: UN Member States Adopt ICSID and UNCITRAL Code of Conduct for Arbitrators in ISDS

On 21 July 2023, as part of its 56th annual session in Vienna, the United Nations Commission on International Trade Law (UNCITRAL) adopted a Code of Conduct for Arbitrators in International Investment Dispute Resolution (the…more

Arbitrators, Code of Conduct, ICSID, International Arbitration, International Trade

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Client Alert: Buy Now, Pay Later: A Roadmap for Providers as Regulators Continue to Increase Scrutiny

Point-of-sale financing arrangements payable in four or fewer interest-free installments, known as buy now, pay later (BNPL) arrangements, have soared since their initial breakthrough during the pandemic. Unlike conventional…more

Buy Now Pay Later (BNPL), Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Disclosure Requirements, Dispute Resolution

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Client Alert: NIST Cybersecurity Framework 2.0 Released

On February 26, 2024, the National Institute of Standards and Technology (NIST), an agency within the U.S. Department of Commerce, released Version 2.0 of its Cybersecurity Framework (CSF), the first major update since its 2014…more

Critical Infrastructure Sectors, Cybersecurity, Data Privacy, Data Security, NIST

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Supreme Court Holds that Mistakes of Both Law and Fact Can Excuse Inaccurate Copyright Registrations

Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., holding 6-3 that a copyright registrant’s lack of knowledge of errors of either law or fact can excuse…more

Copyright, Copyright Applications, Copyright Registration, Intellectual Property Protection, Plain Error

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Client Alert: Navigating GDPR Transparency: Insights from the Upper Tribunal in the Appeal Against Experian

In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had…more

Appeals, Data Privacy, Data Processors, Experian, General Data Protection Regulation (GDPR)

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Federal Court Blocks Implementation California’s New Age-Appropriate Design Code Act

On September 18, 2023, a California federal court granted a request to block enforcement of the California Age-Appropriate Design Code Act (“CAADCA”), a law with the stated goal of protecting children when they are online…more

California, COPPA, Internet, New Legislation, Online Platforms

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Client Alert: Delaware Court of Chancery Defines Controlling Stockholder Fiduciary Duties: In Re Sears Hometown and Outlet Stores, Inc. Stockholder Litigation

When do controlling stockholders, exercising their voting power or selling stock, owe fiduciary duties to a Delaware corporation and its minority stockholders? This thorny question in corporate law may have a new answer…more

Bylaws, Controlling Stockholders, Delaware General Corporation Law, Fiduciary Duty, Shareholder Litigation

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Utilizing the Inflation Reduction Act to Invest in Our Planet (Corporate Environmental Lawyer )

We cannot talk about investing in our planet this Earth Day 2023 without discussing the Inflation Reduction Act of 2022 (IRA). We’ve discussed the IRA previously here and here. In short, this historic piece of legislation…more

Clean Energy, Climate Change, Energy Tax Incentives, Federal Funding, Inflation Reduction Act (IRA)

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Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part…more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

See all updates »

Do Your ESG Disclosures Need Leveling Up? Leading Video Game Company Faces SEC Investigation into Its Harassment and Discrimination Disclosures as It Reaches $18 Million Settlement with EEOC

Recent activity by two federal regulators underscores an increasingly obvious reality: when a company is confronted with harassment and discrimination complaints, government agencies will scrutinize its response and may bring…more

Activision, Compliance Management Systems, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

Northern District of Texas Declares Key Provision in Minority Business Development Act of 2021 Unconstitutional in Nuziard v. Minority Business Development Agency

On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services to…more

Appeals, Business Development Companies, Commercial Litigation, Diversity, Diversity and Inclusion Standards (D&I)

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SEC Enforcement Division's ESG Task Force "Lifts the Vale" on Its Scrutiny of ESG Disclosures

Since early 2021, the SEC has emphasized that ESG-related issues are important to investors and a key SEC disclosure and enforcement priority. Although the agency’s heightened focus on these issues led to the recent proposal for…more

Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG)

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[Ongoing Program] CLE Relay – Session 1 – Inputs and Outputs: The State of Play in Year Two of Generative AI - May 10th, 10:00 am - 11:00 am PDT

This CLE will cover new developments and challenges associated with the now-widespread use of generative AI. Among other things, it will cover new generative AI capabilities, litigation, legislative, and regulatory developments,…more

Artificial Intelligence, Continuing Legal Education, Legislative Agendas, Regulatory Agenda, Risk Assessment

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Client Alert: First Circuit Parses Underlying Complaint to Find Duty to Defend and to Defeat Exclusions

The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to defend…more

Appeals, Bad Faith, Contract Interpretation, Duty to Defend, Insurance Industry

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Client Alert: What to Expect of Crypto Asset Regulation in the 118th Congress

In 2022, the failures of prominent crypto companies overshadowed broader discussions in Congress about how crypto assets should be regulated. This Congress, both chambers are likely to continue to investigate, hold hearings, and…more

Cryptoassets, Cryptocurrency, Digital Assets, Financial Services Industry, Legislative Agendas

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[Ongoing Program] CLE Relay – Session 5 – Global Enforcement Trends and Emerging Risks in Sanctions, Export Control, and Supply Chain - June 21st, 10:00 am - 11:00 am PDT

This CLE will demystify the political and economic responses of the US, UK, EU, and their allies to the key geopolitical conflicts that continue to spark around the world in 2024—from Russia to China, semiconductors to shipping,…more

Continuing Legal Education, Economic Sanctions, Enforcement Actions, Export Controls, Exporters

See all updates »

Update: Examining State Attorneys General

Leading consumer brands are facing increased and often highly politicized scrutiny from state attorneys general and other state regulators. The landscape of state AG complaints, investigations, and litigation is evolving…more

California, Colorado, Connecticut, Cybersecurity, Data Privacy

See all updates »

Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part…more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

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Client Alert: Fifth Circuit Highlights the Jurisdictional Challenges of Enforcing a Foreign Arbitral Award Against a Non-Resident Award Debtor: Conti 11. Container Schiffarts-GmbH & Co. v. MSC Mediterranean Shipping Company S.A.

In a decision of potential importance to arbitral award creditors and debtors, the US Court of Appeals for the Fifth Circuit recently reversed a federal district court decision confirming an English arbitral award on the basis…more

Creditors, Debtors, Dispute Resolution, Foreign Arbitral Awards, International Arbitration

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Client Alert: Ripple, and Terra, and Coinbase, Oh My!

Three federal judges in the Southern District of New York sit at the center of the long-running battle between the SEC and the crypto industry, overseeing cases that may eventually bring clarity to the industry. After two recent…more

Blockchain, Buyers, Coinbase, Cryptocurrency, Digital Assets

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Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

Client Alert: SEC Amends Schedules 13D and 13G Beneficial Ownership Reporting Rules and Filing Requirements

On October 10, 2023, the U.S. Securities and Exchange Commission (the “SEC”) adopted final rule amendments (the “Final Rules”) that implement various changes to the reporting and filing requirements under Regulation 13D-G…more

Amended Rules, Beneficial Owner, Compliance, Corporate Governance, Disclosure Requirements

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Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency…more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

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Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate DEI Programs

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice…more

Bias, College Admissions, Colleges, Discrimination, Diversity

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Client Alert: Navigating the EWA Regulatory Landscape

I. Introduction: EWA on the Precipice - The increasing use of earned wage access (“EWA”) by workers in the United States and around the world has helped to bring financial flexibility to many previously constrained by the…more

Advisory Opinions, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency, Employer Liability Issues

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Taking Stock: Russia-Ukraine Sanctions and Export Controls

As we enter the fourth month of Russia’s illegal war on Ukraine, multilateral sanctions actions continue, but at a slower pace. As discussed in our prior February 25, 2022 and March 11, 2022 alerts, following Russia’s invasion…more

Asset Freeze, Economic Sanctions, Export Controls, Imports, Investment

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: Describing the Collaborative Process for Divorcing in Illinois

Widely adopted in the United States, Canada, and many other countries, the Collaborative Process used in Illinois is a values-driven, private, out-of-court alternative to the traditional litigation model for divorce, often…more

Collaborative Divorce, Dispute Resolution, Divorce, Family Law Courts, Illinois

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Client Alert: CISA Announces Proposed Cyber Incident Reporting Rule

On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA), an operational component of the Department of Homeland Security (DHS), posted for public inspection its long-anticipated notice of proposed…more

Covered Entities, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity

See all updates »

Client Alert: SEC’s Approach to Enforcement After Cyber Incidents: Key Takeaways for Public Companies from a Recent Speech

Last month, Gurbir Grewal, the Director of the SEC’s Division of Enforcement, spoke at the Financial Times Cyber Resilience Summit. During the remarks, he outlined the importance of cybersecurity and signaled that the SEC is…more

Amended Rules, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Protection

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Enablement Bar for Drug Patents

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. v. Sanofi, 987 F.3d 1080 (CA Fed. 2021). The Court thus left in place a significant CAFC decision making it more…more

Amgen v Sanofi, CAFC, Enablement Inquiries, Patent Litigation, Patents

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Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

See all updates »

Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles

Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by the…more

Climate Change, Contamination, Earth Day, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Failure to Prevent Fraud – What Do You Need to Know About the New Corporate Offence? (Part 2)

On 11 April 2023, the UK Home Office tabled an amendment to the Economic Crime and Corporate Transparency Bill (the Bill), which is currently making its way through the UK Parliament. The amendment introduces a much anticipated…more

Bribery, Corporate Crimes, Corporate Governance, Corporate Transparency Act, Criminal Liability

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Client Alert: Navigating GDPR Transparency: Insights from the Upper Tribunal in the Appeal Against Experian

In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had…more

Appeals, Data Privacy, Data Processors, Experian, General Data Protection Regulation (GDPR)

See all updates »

[Ongoing Program] CLE Relay – Session 7 – US Supreme Court Term in Review - June 27th, 10:00 am - 11:30 am PDT

The CLE will discuss recent developments at the Court, including the fall-out from key decisions of last term, and recent high-profile discussion of the Court. The panel will also discuss prominent cases from the current term,…more

Abortion, Absolute Immunity, Ballots, Civil Rights Act, Constitutional Challenges

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: Supreme Court Clarifies that Pure Omissions Under Item 303 of Reg. S-K Are Not Actionable Under Rule 10b–5(b)

On April 12, 2024, in Macquarie Infrastructure Corp. v. Moab Partners, L.P., the US Supreme Court held that a company’s mere failure to disclose information required by management’s discussion and analysis (Item 303 of SEC…more

Disclosure, Enforcement Actions, Macquarie Infrastructure Corp v Moab Partners LP, Regulation S-K, Remand

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Reporting Requirements under the Corporate Transparency Act

The Financial Crimes Enforcement Network of the Department of the Treasury (FinCEN) issued final regulations under the Corporate Transparency Act (CTA) which, effective January 1, 2024, require most companies (i.e.,…more

Beneficial Owner, Corporate Transparency Act, Doing Business, Filing Requirements, FinCEN

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Ninth Circuit Limits Jurisdiction Over Web-Based Platforms

In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants…more

California, Canada, Data Privacy, Internet, Jurisdiction

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Client Alert: Fifth Circuit Holds It Lacks Subject Matter Jurisdiction to Review False Claims Act Retaliation Claim by Former Contractor Employee

In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the Fifth…more

Appeals, False Claims Act (FCA), Federal Contractors, Former Employee, Retaliation

See all updates »

Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, EMTALA, Health Care Providers, Healthcare

See all updates »

Protecting Confidential Legal Information Introduction

1. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only…more

Attorney's Fees, Attorney-Client Privilege, Chain of Custody, Confidential Information, Data Protection

See all updates »

Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

See all updates »

Changes to California Consumer Law Protections on January 1, 2022

Effective January 1, 2022, California implemented several important changes to its consumer protection laws, ranging from data privacy to debt collection to updates to the Consumer Legal Remedies Act…more

California Privacy Rights Act (CPRA), CLRA, Consumer Financial Products, Consumer Privacy Rights, Data Collection

See all updates »

Client Alert: Delaware Court of Chancery Defines Controlling Stockholder Fiduciary Duties: In Re Sears Hometown and Outlet Stores, Inc. Stockholder Litigation

When do controlling stockholders, exercising their voting power or selling stock, owe fiduciary duties to a Delaware corporation and its minority stockholders? This thorny question in corporate law may have a new answer…more

Bylaws, Controlling Stockholders, Delaware General Corporation Law, Fiduciary Duty, Shareholder Litigation

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New EU Data Act to Extend Protections to Non-Personal Data

On 23 February 2022, the European Commission published its draft Data Act (the Act). The aim of the Act is to “ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven…more

Cybersecurity, Data Protection, Draft Implementation Regulations, EU, European Commission

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Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part…more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

See all updates »

Client Alert: Shareholders Pose Growing Risks to Companies’ DEI Initiatives

Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert…more

Board of Directors, Corporate Governance, Corporate Social Responsibility, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Client Alert: Byte-Sized Steps – Navigating the Biden Executive Order on AI and Other Recent Developments in AI Regulation

On October 30, 2023, President Biden signed the Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (the “Federal AI Executive Order”), a long-awaited executive order that builds upon the Biden…more

Anti-Discrimination Policies, Artificial Intelligence, Biden Administration, Competition, Cybersecurity

See all updates »

Client Alert: Fifth Circuit Holds It Lacks Subject Matter Jurisdiction to Review False Claims Act Retaliation Claim by Former Contractor Employee

In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the Fifth…more

Appeals, False Claims Act (FCA), Federal Contractors, Former Employee, Retaliation

See all updates »

[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and…more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

See all updates »

Client Alert: New Title IX Rules: Navigating Compliance Across Campus

On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from…more

Department of Education, Educational Institutions, Final Rules, Investigations, New Regulations

See all updates »

Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

SCOTUS Overrules Roe v. Wade: Part II: Outlining the Threat to Reproductive Rights Across the United States

On June 24, 2022, the Supreme Court issued its opinion in Dobbs v. Jackson Women's Health Organization. Authored by Justice Alito, the decision held that the Constitution does not grant a right to abortion (5-4), overturning the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Equal Protection, Healthcare, Patient Access

See all updates »

Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

[Ongoing Program] CLE Relay – Session 7 – US Supreme Court Term in Review - June 27th, 10:00 am - 11:30 am PDT

The CLE will discuss recent developments at the Court, including the fall-out from key decisions of last term, and recent high-profile discussion of the Court. The panel will also discuss prominent cases from the current term,…more

Abortion, Absolute Immunity, Ballots, Civil Rights Act, Constitutional Challenges

See all updates »

California Supreme Court Opens Door for Nonprofits to Sue for Anticompetitive Practices

On July 18, 2023, the California Supreme Court held as a matter of first impression that a public interest advocacy organization maintains standing to bring claims under the Unfair Competition Law (“UCL”), if it has incurred…more

Aetna, Anti-Competitive, Anticompetitive Behavior, Appeals, CA Supreme Court

See all updates »

Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of…more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

See all updates »

State Anti-DEI Initiatives Are Gaining Momentum: What Does It Mean for Your Organization?

As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this push-back,…more

Corporate Governance, Diversity and Inclusion Standards (D&I), Florida, Universities

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment…more

Administrative Procedure Act, Congressional Review Act, Cost Allocation, Electricity, Energy Sector

See all updates »

Client Alert: The End of the COVID-19 Emergencies: Considerations for Health and Welfare Plan Administrators

On January 30, 2023, the Biden administration announced that on May 11, 2023 it plans to end the COVID-19 national emergency (Outbreak Period) and public health emergency (Public Health Emergency), which were declared by the…more

Benefit Plan Sponsors, Biden Administration, Coronavirus/COVID-19, Employee Benefits, Health and Welfare Plans

See all updates »

Supreme Court Hears Oral Argument over Extraterritorial Reach of U.S. Trademark Law

On March 21, the United States Supreme Court heard oral arguments in Abitron Austria GmbH v. Hetronic International, Inc. over whether the infringement provisions of the United States Trademark Act impose liability for damages…more

Abitron Austria GmbH v Hetronic International Inc, Appeals, Foreign Trademark, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: Corporate Sustainability Due Diligence Directive: Five Key Questions Answered

On April 24, 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive (CS3D). The directive, which must be formally endorsed by the Council of the European Union (EU) before officially becoming…more

Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility, Due Diligence

See all updates »

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The case…more

Anti-Competitive, Criminal Conspiracy, Department of Justice (DOJ), Employees, Employer Liability Issues

See all updates »

DOJ Announces New Whistleblower Rewards Program and Enhanced Focus on AI-Related Risks

The Department of Justice (DOJ) recently announced two new measures to enhance its corporate criminal enforcement efforts: a whistleblower rewards program and updated guidance under which federal prosecutors will assess risks…more

Artificial Intelligence, Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of…more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

See all updates »

Illinois Civil Practice Guide - 2023 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A…more

Coronavirus/COVID-19, Illinois, Remote Proceedings

See all updates »

Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and…more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

See all updates »

Update: Examining State Attorneys General

Leading consumer brands are facing increased and often highly politicized scrutiny from state attorneys general and other state regulators. The landscape of state AG complaints, investigations, and litigation is evolving…more

California, Colorado, Connecticut, Cybersecurity, Data Privacy

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

[Ongoing Program] CLE Relay – Session 7 – US Supreme Court Term in Review - June 27th, 10:00 am - 11:30 am PDT

The CLE will discuss recent developments at the Court, including the fall-out from key decisions of last term, and recent high-profile discussion of the Court. The panel will also discuss prominent cases from the current term,…more

Abortion, Absolute Immunity, Ballots, Civil Rights Act, Constitutional Challenges

See all updates »

Client Alert: FERC Order No. 2023: Implications and Unanswered Questions

On July 28, 2023, the Federal Energy Regulatory Commission (FERC) issued its long awaited final rule, Order No. 2023, directing all public utility transmission providers to revise their pro forma generator interconnection queue…more

Electricity, Energy Sector, FERC, Final Rules, NERC

See all updates »

Client Alert: Affirmative Action: What Did We Learn from the Oral Argument and What’s Next?

Yesterday, the US Supreme Court heard oral argument in two cases—Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina—concerning the…more

Affirmative Action, College Admissions, Diversity and Inclusion Standards (D&I), Race Discrimination, SCOTUS

See all updates »

US Supreme Court Permits Foreign Plaintiff to Bring RICO Suit for Evading Attempts to Enforce an International Arbitral Award

The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO is a powerful statute that allows recovery of treble damages and attorneys’ fees…more

Arbitration Awards, Domestic Injury, Extraterritoriality Rules, Foreign Arbitral Awards, Foreign Judgments

See all updates »

Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

See all updates »

Unpacking the Supreme Court’s Decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC

Last week, the Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion, Parody

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Client Alert: A Minimum is Not a Maximum: The Texas Supreme Court Rejects a Common Insurer Tactic to Reduce Additional Insured Coverage

It is an all-too-common scenario for insurance practitioners. Company A hires an independent contractor to perform work on its premises. Their agreement specifies that Contractor will procure liability insurance—often described…more

Commercial General Liability Policies, Contract Terms, Independent Contractors, Insurance Industry, Insurance Litigation

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Amicus Brief Urges Ohio Supreme Court to Hear Appeal in High-Profile Case about First Amendment Protections

Jenner & Block filed an amicus brief on behalf of the NAACP and the Ohio State Chapter of the NAACP urging the Ohio Supreme Court to hear Oberlin College’s appeal in Gibson Bros, Inc., et al., v. Oberlin. Oberlin is seeking…more

Amicus Briefs, Defamation, First Amendment, Free Speech, Freedom of Association

See all updates »

Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, EMTALA, Health Care Providers, Healthcare

See all updates »

Illinois Civil Practice Guide - 2022 Edition

THE COVID-19 PANDEMIC’S IMPACT ON CIVIL PRACTICE The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois. Since March 2020, the Governor of Illinois and Illinois courts of all levels have implemented…more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

See all updates »

Client Alert: The State of the Insurance Market for Cyber Incidents — Important Developments from 2023 and Looking Ahead in 2024

As businesses have increasingly recognized the importance of obtaining insurance coverage specific to cyber incidents, so too have insurers increasingly recognized the risks inherent in providing such coverage - particularly…more

Cyber Incident Reporting, Cyber Insurance, Cybersecurity, Insurance Industry, Policy Terms

See all updates »

Client Alert: Navigating GDPR Transparency: Insights from the Upper Tribunal in the Appeal Against Experian

In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had…more

Appeals, Data Privacy, Data Processors, Experian, General Data Protection Regulation (GDPR)

See all updates »

Embracing the Winds of Change Through Investments in the United States’ Energy Future

At a time of growing concern over fossil fuel availability, climate change and energy grid security, the Corporate Environmental Lawyer is taking a moment during Earth Day 2022 to look towards our nation’s investment into…more

Clean Energy, Climate Action Plan, Climate Change, Energy Policy, Energy Projects

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Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a prominent…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

See all updates »

Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part…more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

See all updates »

Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

See all updates »

Court Denies Google’s Bid to Compel Arbitration Four Years into Litigation

A California federal judge recently denied Google’s motion to arbitrate a class action lawsuit. The lawsuit alleged that Google violated privacy statutes by concealing the fact that Google-Assistant-enabled devices could…more

Arbitration, Arbitration Agreements, Class Action, Google, International Arbitration

See all updates »

Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Recent Developments in Bankruptcy Law, July 2023

1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Bankruptcy court properly enjoins actions against nondebtor entity after divisional merger. The debtor was the product of a divisional merger under Texas law, which…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7

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Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the FTC’s…more

Automated Decision Systems (ADS), Competition, Contract Terms, Department of Labor (DOL), Federal Trade Commission (FTC)

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Client Alert: Healthcare Industry Emerges as the New Front for Anti-DEI Attacks

Anti-DEI litigants have zeroed in on the healthcare industry in their growing number of legal challenges to diversity, equity, and inclusion (DEI) initiatives. While some of these challenges began before the U.S. Supreme Court’s…more

Class Action, Commercial Litigation, Discrimination, Diversity and Inclusion Standards (D&I), Health Care Providers

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Client Alert: What’s Next for Mifepristone?

Medication abortions using mifepristone and misoprostol now account for more than half of all abortions performed in the United States today. In the post-Dobbs era, medication abortion is critical to reproductive rights because…more

Abortion, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Prescription Drugs, Reproductive Healthcare Issues

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Proposed Amendments to the English Arbitration Act

The English Arbitration Act of 1996 is revered as underpinning the subsequent success of London as perhaps the world’s busiest arbitration venue. However, as the Act approaches its 30th anniversary, light touch reform is being…more

Arbitration, Arbitration Agreements, Confidentiality Policies, EU, Foreign Tribunals

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[Ongoing Program] CLE Relay – Session 6 – Information Exchanges: Navigating Antitrust Risk Without Safe Harbors - June 25th, 10:00 am - 11:00 am PDT

In recent years, information exchange has become a priority for both government antitrust enforcers and private antitrust plaintiffs. Across industries, business practices such as benchmarking and algorithmic price setting are…more

Antitrust Provisions, Antitrust Violations, Continuing Legal Education, Enforcement Actions, Information Sharing

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Supreme Court Evaluates Scope of Attorney-Client Privilege for Dual-Purpose Communications

On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine whether “dual-purpose” communications involving both legal and business advice are…more

Attorney-Client Privilege, Discovery, Dismissals, Dual Purpose, Electronic Communications

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[Ongoing Program] CLE Relay - Session 4 - Under the Spotlight: How to Navigate Government Scrutiny from Regulators and Legislatures Worldwide - June 14th, 10:00 am - 11:00 am PDT

Government scrutiny doesn’t just come from law enforcement agencies and it doesn’t just come one jurisdiction at a time—in today’s global economy, it can come from multiple angles, all over the world. In this presentation, …more

Best Practices, Continuing Legal Education, Corporate Governance, Enforcement Actions, Government Investigations

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Connecticut Set to Enact Comprehensive Consumer Privacy Law

Connecticut is poised to become the fifth state to pass comprehensive consumer privacy legislation, after California, Virginia, Colorado, and Utah. Senate Bill 6, the Connecticut Data Privacy Act (“CTDPA”), passed the…more

Connecticut, Consumer Privacy Rights, Cybersecurity, Data Management, Data Privacy

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Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill, the…more

Class Action, Dangerous Condition, Inmates, Lead Poisoning, Prison

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Big Businesses Caught in the Crosshairs: Navigating the Rise in State AG Scrutiny

With the increased activity of state attorneys general, many companies today find themselves at the center of political battles over the role businesses play in driving social policy. We feature one recent example, as a case…more

American Express, California, Financial Transactions, Firearms, International Organization for Standardization

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US Supreme Court Holds That US Courts Cannot Assist Discovery in Private Foreign or International Arbitrations

Litigants in foreign arbitrations have long looked to 28 U.S.C. § 1782 as a potential avenue for obtaining something close to US-style discovery. But, the US Supreme Court unanimously held this week that this federal statute…more

28 U.S.C. § 1782, Arbitration, Business Disputes, Business Litigation, Commercial Arbitration

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Client Alert: The SEC Charges SolarWinds and Its CISO with Fraud: Key Takeaways

This week, the SEC filed a high-profile litigation asserting fraud and internal controls charges against software company SolarWinds Corporation and its Chief Information Security Officer, Timothy G. Brown, in connection with a…more

CFOs, Chief Information Security Officer (CISO), Corporate Counsel, Corporate Governance, Corporate Officers

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Client Alert: Understanding Florida’s Insurer Accountability Act

In a move aimed at strengthening consumer protection and improving insurer transparency, the state of Florida has implemented the Insurer Accountability Act, a bipartisan insurance law that introduces a range of new duties and…more

Florida, Insurance Industry, New Legislation, Noncompliance, Penalties

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Client Alert: Putting the “Use” Back in Fair Use: The Supreme Court Decides Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

The Supreme Court’s recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

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Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, EMTALA, Health Care Providers, Healthcare

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Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill, the…more

Class Action, Dangerous Condition, Inmates, Lead Poisoning, Prison

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Client Alert: Supreme Court Clarifies that Pure Omissions Under Item 303 of Reg. S-K Are Not Actionable Under Rule 10b–5(b)

On April 12, 2024, in Macquarie Infrastructure Corp. v. Moab Partners, L.P., the US Supreme Court held that a company’s mere failure to disclose information required by management’s discussion and analysis (Item 303 of SEC…more

Disclosure, Enforcement Actions, Macquarie Infrastructure Corp v Moab Partners LP, Regulation S-K, Remand

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New California Law Targets Drip Pricing

A new California law, Senate Bill No. 478, takes aim at “drip pricing,” the practice of advertising goods or services at one price and then adding mandatory charges or fees later in the sales transaction. While federal efforts…more

Advertising, California, Consumers Legal Remedies Act, Disclosure Requirements, Goods or Services

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Client Alert: Ten Major Issues Facing Higher Education Institutions in 2023

The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to…more

Antitrust Litigation, Artificial Intelligence, Biden Administration, College Admissions, College Athletes

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Illinois Civil Practice Guide - 2024 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A…more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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U.S. Antitrust Agencies Propose Sweeping Changes to the HSR Premerger Notification Program

On June 27, 2023, the Federal Trade Commission (“FTC”) in collaboration with the Department of Justice (“DOJ”) announced a proposal to overhaul the Hart-Scott-Rodino (HSR) Act premerger notification program. If adopted, the new…more

Acquisitions, Antitrust Provisions, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a prominent…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of…more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

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New York Becomes First State to Pass Natural Gas Ban for New Construction

On May 2, 2023, New York passed its 2024 fiscal year budget, including a prohibition on fossil fuel equipment and building systems in new construction. The policy will go into effect in 2026 for new buildings not more than seven…more

Clean Energy, Climate Change, Construction Industry, Fossil Fuel, Greenhouse Gas Emissions

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Client Alert: Copyright Registration for Works Containing AI-Generated Material

The rapid rise in availability, use and performance of generative artificial intelligence (“AI”) over the last year is being experienced across industries. Responding to these trends, the US Copyright Office recently published…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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Client Alert: The Supreme Court Denies Certiorari in Coalition for TJ v. Fairfax County School Board: What This Means for Colleges and Universities

On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and…more

Certiorari, College Admissions, Colleges, Diversity, Diversity and Inclusion Standards (D&I)

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Jury Orders Tata to Pay $210 Million for Trade Secret Misappropriation

On November 17, 2023 a federal jury in Texas found Tata Consultancy Services Ltd. (“TCS”) guilty of stealing trade secrets from Computer Science Corp. (“CSC”) and ordered TCS to pay $210 million in damages. After a six-day…more

Damages, Defend Trade Secrets Act (DTSA), Misappropriation, Software, Trade Secrets

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Client Alert: Group Health Plan “Gag Clause” Compliance Attestation Due by the End of 2023

This is a reminder that a new compliance deadline is on the horizon for group health plans. The Consolidated Appropriations Act (CAA) of 2021 generally prohibits group health plans and health insurance issuers from entering into…more

Attestation Deadlines, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Navigating the EWA Regulatory Landscape

I. Introduction: EWA on the Precipice - The increasing use of earned wage access (“EWA”) by workers in the United States and around the world has helped to bring financial flexibility to many previously constrained by the…more

Advisory Opinions, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency, Employer Liability Issues

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Client Alert: The EU Regulation Banning Products Made with Forced Labour: Key Provisions to Note

On 23 April 2024, the European Parliament approved the much-anticipated regulation banning products made with forced labour from entering the EU market (the ‘Forced Labour Ban’). The approved text builds on the provisions of the…more

China, Corporate Social Responsibility, Due Diligence, Enforcement, EU

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Client Alert: UK and US Agree to “Data Bridge”

On the heels of the EU-US Data Privacy Framework (DPF), another bridge has been built across the Atlantic to streamline data transfers between businesses. In July, the European Commission adopted its much-anticipated…more

Cross-Border Transactions, Data Privacy, Data Transfers, Department of Transportation (DOT), EU

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Client Alert: What’s Next for Mifepristone?

Medication abortions using mifepristone and misoprostol now account for more than half of all abortions performed in the United States today. In the post-Dobbs era, medication abortion is critical to reproductive rights because…more

Abortion, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Prescription Drugs, Reproductive Healthcare Issues

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Client Alert: Fifth Circuit Highlights the Jurisdictional Challenges of Enforcing a Foreign Arbitral Award Against a Non-Resident Award Debtor: Conti 11. Container Schiffarts-GmbH & Co. v. MSC Mediterranean Shipping Company S.A.

In a decision of potential importance to arbitral award creditors and debtors, the US Court of Appeals for the Fifth Circuit recently reversed a federal district court decision confirming an English arbitral award on the basis…more

Creditors, Debtors, Dispute Resolution, Foreign Arbitral Awards, International Arbitration

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Client Alert: The End of the COVID-19 Emergencies: Considerations for Health and Welfare Plan Administrators

On January 30, 2023, the Biden administration announced that on May 11, 2023 it plans to end the COVID-19 national emergency (Outbreak Period) and public health emergency (Public Health Emergency), which were declared by the…more

Benefit Plan Sponsors, Biden Administration, Coronavirus/COVID-19, Employee Benefits, Health and Welfare Plans

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Illinois Civil Practice Guide - 2024 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A…more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

See all updates »

Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of…more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

See all updates »

Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency…more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

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Client Alert: Unfinished Business: Investment Advisers Are Potentially Back on the Hook for Anti-Money-Laundering and Counterterrorism Reporting Requirements

In its latest attempt, the U.S. Department of Treasury, Financial Crimes Enforcement Network (“FinCEN”), will require certain investment advisers to implement compliance measures to detect and report suspected money laundering…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Counter-Terrorist, FinCEN

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Client Alert: Supreme Court Permits Constitutional Challenges to Administrative Agencies While an Enforcement Proceeding Is Pending

On April 14, 2023, in Axon Enterprise, Inc. v. Federal Trade Commission and the companion case Cochran v. Securities and Exchange Commission, the Supreme Court held that district courts have jurisdiction to hear structural…more

Administrative Agencies, Article III, Constitutional Challenges, Enforcement Actions, Federal Trade Commission (FTC)

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Beyond the 2022 Midterm Election Headlines: Key Developments to Watch for in the Months to Come

On November 8, 2022, Americans headed to the polls for the United States’ 2022 midterm elections, with Democrats upsetting projections of a “Red Wave” and bucking historical trends to hew closely to the status quo. While the…more

General Elections, Legislative Agendas, Local Elections, Political Parties, State Elections

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Client Alert: Calling (Some but Not All) Whistleblowers: Understanding SDNY’s New Whistleblower Pilot Program

On January 10, 2024, US Attorney Damian Williams announced a new Whistleblower Pilot Program for the US Attorney’s Office of the Southern District of New York (SDNY). The program is designed to proactively uncover criminal…more

Corporate Misconduct, New York, Reporting Requirements, Self-Disclosure Requirements, State Pilot Programs

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SFFA v. UNC and SFFA v. Harvard: Navigating the Impact Across All Industries

On October 31, the Supreme Court will hear oral argument in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, in which the Court…more

Admissions, Civil Rights Act, Colleges, Educational Institutions, Equal Protection

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Client Alert: White House Releases Report on US Cybersecurity Posture

On May 7, 2024, the White House Office of the National Cyber Director (ONCD) released several reports on the United States’ cybersecurity posture and strategic plan. These documents implement the 2023 National Cybersecurity…more

Biden Administration, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cyber Threats

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Client Alert: First House China Committee Hearing Previews Its Investigative Agenda

On February 28, 2023, The Select Committee on Strategic Competition between the United States and the Chinese Communist Party held its long anticipated first hearing. The hearing, which lasted approximately three hours, served…more

China, Competition, Foreign Investment, Investigations, Public-Private Entities

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: Buy Now, Pay Later: A Roadmap for Providers as Regulators Continue to Increase Scrutiny

Point-of-sale financing arrangements payable in four or fewer interest-free installments, known as buy now, pay later (BNPL) arrangements, have soared since their initial breakthrough during the pandemic. Unlike conventional…more

Buy Now Pay Later (BNPL), Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Disclosure Requirements, Dispute Resolution

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment…more

Administrative Procedure Act, Congressional Review Act, Cost Allocation, Electricity, Energy Sector

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Northern District of Texas Declares Key Provision in Minority Business Development Act of 2021 Unconstitutional in Nuziard v. Minority Business Development Agency

On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services to…more

Appeals, Business Development Companies, Commercial Litigation, Diversity, Diversity and Inclusion Standards (D&I)

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: The EU Regulation Banning Products Made with Forced Labour: Key Provisions to Note

On 23 April 2024, the European Parliament approved the much-anticipated regulation banning products made with forced labour from entering the EU market (the ‘Forced Labour Ban’). The approved text builds on the provisions of the…more

China, Corporate Social Responsibility, Due Diligence, Enforcement, EU

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Client Alert: FERC Order No. 2023: Implications and Unanswered Questions

On July 28, 2023, the Federal Energy Regulatory Commission (FERC) issued its long awaited final rule, Order No. 2023, directing all public utility transmission providers to revise their pro forma generator interconnection queue…more

Electricity, Energy Sector, FERC, Final Rules, NERC

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Client Alert: CFTC Updates Enforcement Guidance Regarding Monetary Penalties, Third-Party Monitorships, and Admissions of Wrongdoing

In October 2023, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC” or the “Commission”) issued an Enforcement Advisory clarifying the Commission’s approach to negotiated resolutions of enforcement…more

CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA), Enforcement Actions, Financial Services Industry

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Client Alert: FTC Announces Increased Reporting Thresholds

On January 23, 2023, the Federal Trade Commission (FTC) announced increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the Act). The new thresholds will go into effect on…more

Antitrust Division, Antitrust Provisions, Civil Monetary Penalty, Federal Trade Commission (FTC), Filing Fees

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Reporting Requirements under the Corporate Transparency Act

The Financial Crimes Enforcement Network of the Department of the Treasury (FinCEN) issued final regulations under the Corporate Transparency Act (CTA) which, effective January 1, 2024, require most companies (i.e.,…more

Beneficial Owner, Corporate Transparency Act, Doing Business, Filing Requirements, FinCEN

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Client Alert: White House Releases Report on US Cybersecurity Posture

On May 7, 2024, the White House Office of the National Cyber Director (ONCD) released several reports on the United States’ cybersecurity posture and strategic plan. These documents implement the 2023 National Cybersecurity…more

Biden Administration, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cyber Threats

See all updates »

Client Alert: Group Health Plan “Gag Clause” Compliance Attestation Due by the End of 2023

This is a reminder that a new compliance deadline is on the horizon for group health plans. The Consolidated Appropriations Act (CAA) of 2021 generally prohibits group health plans and health insurance issuers from entering into…more

Attestation Deadlines, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Department of Justice Prosecutions in Employment-Related Antitrust Suits Fall Flat in DaVita Inc. and Jindal

Juries Acquit Criminal Antitrust Defendants of All Charges - This month, federal juries acquitted defendants facing criminal antitrust convictions in two trials against employers accused of improperly restraining trade in the…more

Acquittals, Criminal Conspiracy, Criminal Convictions, Department of Justice (DOJ), Enforcement Actions

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Taking Stock: Russia-Ukraine Sanctions and Export Controls

As we enter the fourth month of Russia’s illegal war on Ukraine, multilateral sanctions actions continue, but at a slower pace. As discussed in our prior February 25, 2022 and March 11, 2022 alerts, following Russia’s invasion…more

Asset Freeze, Economic Sanctions, Export Controls, Imports, Investment

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Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

See all updates »

Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

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English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court became…more

Arbitration, Disclosure, EU, Foreign Investment, ICSID

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Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

See all updates »

Earth Week 2024, Round One – Nationwide Initiatives to Implement a Single-Use Plastics Ban

This year’s Earth Day theme is “Planet versus Plastics.” When most people think of plastic pollution, their minds likely conjure up an image of single-use plastics—such as grocery bags, beverage container rings, or discarded…more

Climate Change, Earth Day, Environmental Policies, Environmental Protection Agency (EPA), Plastic Bag Bans

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Client Alert: Fifth Circuit Highlights the Jurisdictional Challenges of Enforcing a Foreign Arbitral Award Against a Non-Resident Award Debtor: Conti 11. Container Schiffarts-GmbH & Co. v. MSC Mediterranean Shipping Company S.A.

In a decision of potential importance to arbitral award creditors and debtors, the US Court of Appeals for the Fifth Circuit recently reversed a federal district court decision confirming an English arbitral award on the basis…more

Creditors, Debtors, Dispute Resolution, Foreign Arbitral Awards, International Arbitration

See all updates »

[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and…more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

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The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

See all updates »

Client Alert: Navigating the EWA Regulatory Landscape

I. Introduction: EWA on the Precipice - The increasing use of earned wage access (“EWA”) by workers in the United States and around the world has helped to bring financial flexibility to many previously constrained by the…more

Advisory Opinions, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency, Employer Liability Issues

See all updates »

An Uncertain Future: Legal Challenges and the Forthcoming Climate Refugee Crisis

The Russian invasion of Ukraine has led to over 11 million people fleeing their homes, and 5 million who have reportedly left Ukraine – a staggering number for a conflict that began in late February. However, while the war in…more

Biden Administration, Climate Action Plan, Climate Change, Military Conflict, Refugees

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Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

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Business and Human Rights Considerations on the Rise in 2023

Business and human rights expectations and obligations, based at their core on the UN Guiding Principles on Business and Human Rights (UNGPs), are now increasingly being integrated into non-binding local business expectations as…more

Due Diligence, Environmental Social & Governance (ESG), EU, EU Directive, European Commission

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[Ongoing Program] CLE Relay – Session 3 – Hot Topics in Fintech and Crypto - June 7th, 10:00 am - 11:00 am PDT

This session will provide a survey of key issues and trends impacting the fintech and digital assets community as well as the future opportunities and challenges presented for these financial products and services. It will cover…more

Banking Regulators, Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Continuing Legal Education

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Client Alert: First House China Committee Hearing Previews Its Investigative Agenda

On February 28, 2023, The Select Committee on Strategic Competition between the United States and the Chinese Communist Party held its long anticipated first hearing. The hearing, which lasted approximately three hours, served…more

China, Competition, Foreign Investment, Investigations, Public-Private Entities

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Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill, the…more

Class Action, Dangerous Condition, Inmates, Lead Poisoning, Prison

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IBM No Longer Tops in Annual U.S. Patents Issued

For the first time in decades, IBM lost its top spot in total number of utility patents granted by the U.S. Patent & Trademark Office for 2022, with an almost 50% decline from last year. Samsung Inc. is now the world leader with…more

IBM, Patent Trial and Appeal Board, Patents, Semiconductors

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Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency…more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

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Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases

The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023), offers…more

Appeals, Causation, Concurrent Causation, Damages, Expert Testimony

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Client Alert: Illuminating the Bank Secrecy Act: Key Takeaways from Recent DOJ Settlements

The Department of Justice recently announced settlements with two casinos to resolve an investigation into alleged money laundering and violations of the Bank Secrecy Act (BSA). The settlements required the casinos to pay a…more

Anti-Money Laundering, Bank Secrecy Act, Casinos, Department of Justice (DOJ), Investigations

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Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of…more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

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DOJ Announces New Whistleblower Rewards Program and Enhanced Focus on AI-Related Risks

The Department of Justice (DOJ) recently announced two new measures to enhance its corporate criminal enforcement efforts: a whistleblower rewards program and updated guidance under which federal prosecutors will assess risks…more

Artificial Intelligence, Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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Client Alert: Fifth Circuit Court of Appeals Vacates the SEC’s Share Repurchase Disclosure Modernization Rule Amendments

On December 19, 2023, the US Court of Appeals for the Fifth Circuit (Fifth Circuit) issued a decision vacating the share repurchase disclosure modernization rule amendments that the US Securities and Exchange Commission (SEC)…more

Appeals, Capital Markets, Corporate Governance, Disclosure Requirements, Securities and Exchange Commission (SEC)

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Earth Week 2024, Round Two – Inhance Technologies LLC v. USEPA

As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental…more

Chemicals, Earth Day, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Client Alert: New York Issues Significant Amendments to its Forward-Leaning Cyber Regulations

In 2017, the New York Department of Financial Services (“NYDFS”) enacted a landmark regulation requiring financial services institutions such as banks and insurance companies in the state to meet substantial cybersecurity…more

Banking Sector, Covered Entities, Cybersecurity, Cybersecurity Framework, Data Protection

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Supreme Court Hears Oral Argument over Extraterritorial Reach of U.S. Trademark Law

On March 21, the United States Supreme Court heard oral arguments in Abitron Austria GmbH v. Hetronic International, Inc. over whether the infringement provisions of the United States Trademark Act impose liability for damages…more

Abitron Austria GmbH v Hetronic International Inc, Appeals, Foreign Trademark, Intellectual Property Litigation, Intellectual Property Protection

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Client Alert: Unfinished Business: Investment Advisers Are Potentially Back on the Hook for Anti-Money-Laundering and Counterterrorism Reporting Requirements

In its latest attempt, the U.S. Department of Treasury, Financial Crimes Enforcement Network (“FinCEN”), will require certain investment advisers to implement compliance measures to detect and report suspected money laundering…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Counter-Terrorist, FinCEN

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Delaware’s 102(b)(7) Exculpation of Senior Officers - One Year Later

For more than thirty-five years, Delaware law, pursuant to Section 102(b)(7) of the Delaware General Corporation Act (DGCL), has allowed Delaware corporations to exculpate their directors from personal liability for damages…more

Board of Directors, Business Entities, Corporate Entities, Corporate Governance, Corporate Officers

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Artificial Intelligence and Intellectual Property: A Year In Review

Artificial intelligence raises various novel legal questions about data privacy, bias in outputs, cybersecurity, and ethics, among other topics. In 2023, however, intellectual property concerns associated with artificial…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

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Jenner & Block Japan Newsletter - January 2024

Welcome to the January 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese…more

Antitrust Division, Artificial Intelligence, Buyers, Corporate Governance, Cybersecurity

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Court Delays Enforcement of March 29, 2023 CCPA Regulations

On June 30, 2023, the California Superior Court (Court) hearing Cal. Chamber of Commerce v. Cal. Privacy Prot. Agency, No. 34-2023-8004106 (Cal. Sup. Ct.) held that the California Privacy Protection Agency cannot enforce the…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Enforcement, Privacy Laws

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SEC Enforcement Division's ESG Task Force "Lifts the Vale" on Its Scrutiny of ESG Disclosures

Since early 2021, the SEC has emphasized that ESG-related issues are important to investors and a key SEC disclosure and enforcement priority. Although the agency’s heightened focus on these issues led to the recent proposal for…more

Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG)

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Client Alert: Court Adopts SEC's New Unregistered Dealer Theory, Creates Risk of Disgorgement and Penalties for Anyone Trading Securities As Part of A Business

A broad array of financial market participants—mutual funds, private funds, insurers, pension funds, family offices, individuals, and more—may be at risk after the Securities and Exchange Commission (SEC) secured summary…more

Broker-Dealer, Civil Monetary Penalty, Disgorgement, Enforcement Actions, Financial Markets

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Client Alert: Group Health Plan “Gag Clause” Compliance Attestation Due by the End of 2023

This is a reminder that a new compliance deadline is on the horizon for group health plans. The Consolidated Appropriations Act (CAA) of 2021 generally prohibits group health plans and health insurance issuers from entering into…more

Attestation Deadlines, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the…more

Clean Water Act, Earth Day, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Client Alert: New Year Brings New Guidance Related to Medication Abortion

The federal government started 2023 by clarifying important legal issues surrounding the use of medications for abortions. These changes come after much uncertainty—and controversy—around the availability of medication abortion…more

Abortion, Department of Justice (DOJ), Dobbs v. Jackson Women’s Health Organization, Executive Branch, Food and Drug Administration (FDA)

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

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Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, EMTALA, Health Care Providers, Healthcare

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Montera v. Premier Nutrition Corporation: A Case Study in Aggregate Statutory Damages

New York’s two principal consumer fraud statutes, N.Y. G.B.L. §§ 349 and 350, authorize statutory damages of $50 or $500 per violation respectively..…more

Class Action, Consumer Fraud, False Advertising, Statutory Damages, Statutory Violations

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Consumer Financial Protection Bureau Proposes Rule to Create a Public Registry of Terms and Conditions in Consumer Contracts

On January 11, 2023, the U.S. Consumer Financial Protection Bureau (the “CFPB”) proposed a new rule to create a public registry of terms and conditions in form contracts that waive or limit consumer rights. The registry would…more

Consumer Contracts, Consumer Financial Protection Bureau (CFPB), Financing, Payday Loans, Proposed Rules

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Ninth Circuit Limits Jurisdiction Over Web-Based Platforms

In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants…more

California, Canada, Data Privacy, Internet, Jurisdiction

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Client Alert: Copyright Registration for Works Containing AI-Generated Material

The rapid rise in availability, use and performance of generative artificial intelligence (“AI”) over the last year is being experienced across industries. Responding to these trends, the US Copyright Office recently published…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Client Alert: FARA Unit Enters Landmark DPAs to Resolve Lobbyists’ FARA Violations

Earlier this year, the Department of Justice’s (DOJ) Foreign Agents Registration Act (FARA) Unit entered into what appeared to be the first publicly announced deferred prosecution agreements (DPAs) to resolve alleged FARA…more

Corporate Governance, Department of Justice (DOJ), Donald Trump, DPA, Enforcement Actions

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Client Alert: DOJ Expands the Reach of Its Policies on Self-Disclosure of Corporate Misconduct

On February 22, 2023, the Department of Justice announced a new Voluntary Self-Disclosure Policy (the Disclosure Policy) that now governs corporate prosecutions by US Attorney’s Offices (USAOs) nationwide. Building on a 2022…more

Cooperation, Corporate Governance, Corporate Misconduct, Corruption, Criminal Investigations

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[Ongoing Program] CLE Relay – Session 1 – Inputs and Outputs: The State of Play in Year Two of Generative AI - May 10th, 10:00 am - 11:00 am PDT

This CLE will cover new developments and challenges associated with the now-widespread use of generative AI. Among other things, it will cover new generative AI capabilities, litigation, legislative, and regulatory developments,…more

Artificial Intelligence, Continuing Legal Education, Legislative Agendas, Regulatory Agenda, Risk Assessment

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Client Alert: Threading the Needle: Navigating Potential Legal Threats to Supplier Diversity Initiatives

As a core part of broader Diversity, Equity, and Inclusion (DEI) strategies, many companies have pledged to increase their spending or otherwise strengthen their relationships with diverse vendors and suppliers. With…more

Anti-Discrimination Policies, Best Practices, Breach of Duty, Civil Rights Act, Diversity and Inclusion Standards (D&I)

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Client Alert: Court Adopts SEC's New Unregistered Dealer Theory, Creates Risk of Disgorgement and Penalties for Anyone Trading Securities As Part of A Business

A broad array of financial market participants—mutual funds, private funds, insurers, pension funds, family offices, individuals, and more—may be at risk after the Securities and Exchange Commission (SEC) secured summary…more

Broker-Dealer, Civil Monetary Penalty, Disgorgement, Enforcement Actions, Financial Markets

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NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring as…more

Confidentiality Agreements, Dispute Resolution, Employees, Employer Liability Issues, Employment Litigation

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DOJ and FTC Submit Draft Updated Merger Guideline

On July 19, 2023, the U.S. Department of Justice and Federal Trade Commission released a draft update of the Merger Guidelines and invited public comments. If adopted, the Proposed Guidelines would represent a substantial change…more

Antitrust Division, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Guidance Update

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Seventh Circuit Overrides a Forum Selection Bar in Federal Securities Lawsuits

A recent ruling by the Seventh Circuit in Seafarers Pension Plan v. Bradway addresses the issue of where shareholder derivative lawsuits may be filed when the company at issue has a forum selection clause in its bylaws. The…more

Airplane Accidents, Boeing, Bylaws, Derivative Suit, Forum Selection

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Update on Proposed Changes to the NCAA Constitution

On Monday, November 15, 2021, the NCAA held a special convention to discuss a proposed draft constitution for the organization. The draft constitution, circulated a week earlier, would make several significant changes to the…more

Alston v NCAA, Antitrust Provisions, Compensation & Benefits, Corporate Governance, Name and Likeness

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Client Alert: The SEC Charges SolarWinds and Its CISO with Fraud: Key Takeaways

This week, the SEC filed a high-profile litigation asserting fraud and internal controls charges against software company SolarWinds Corporation and its Chief Information Security Officer, Timothy G. Brown, in connection with a…more

CFOs, Chief Information Security Officer (CISO), Corporate Counsel, Corporate Governance, Corporate Officers

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Illinois Civil Practice Guide - 2024 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A…more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

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Tinker, Tailor, or Wholesale Reform? The UK’s Data Protection and Digital Information (No.2) Bill

On 8 March 2023 the UK Government released a new version of the Data Protection and Digital Information Bill (the Bill), which is intended to make a series of changes to the UK’s data protection framework found in the UK GDPR,…more

Data Protection, Electronic Communications, General Data Protection Regulation (GDPR), New Legislation, New Regulations

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Client Alert: Unfinished Business: Investment Advisers Are Potentially Back on the Hook for Anti-Money-Laundering and Counterterrorism Reporting Requirements

In its latest attempt, the U.S. Department of Treasury, Financial Crimes Enforcement Network (“FinCEN”), will require certain investment advisers to implement compliance measures to detect and report suspected money laundering…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Counter-Terrorist, FinCEN

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Client Alert: The State of the Insurance Market for Cyber Incidents — Important Developments from 2023 and Looking Ahead in 2024

As businesses have increasingly recognized the importance of obtaining insurance coverage specific to cyber incidents, so too have insurers increasingly recognized the risks inherent in providing such coverage - particularly…more

Cyber Incident Reporting, Cyber Insurance, Cybersecurity, Insurance Industry, Policy Terms

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“Forging New Just War Principles for the Virtuous War Era”

The Just War ethic, with its two pillars jus ad bellum and jus in bello, is central to the evaluation of the morality of entering into and the conduct of war. Whether grounded in custom and tradition, or based on developments in…more

Ethics, Foreign Relations, Human Rights, Military Conflict

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EPA narrows “Waters of the United States” definition following Sackett ruling

The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v…more

Amended Rules, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction

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Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the FTC’s…more

Automated Decision Systems (ADS), Competition, Contract Terms, Department of Labor (DOL), Federal Trade Commission (FTC)

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Unpacking the Supreme Court’s Decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC

Last week, the Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion, Parody

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Client Alert: Beyond the 2022 Midterm Election Headlines: Key Developments to Watch for in the Months to Come

On November 8, 2022, Americans headed to the polls for the United States’ 2022 midterm elections, with Democrats upsetting projections of a “Red Wave” and bucking historical trends to hew closely to the status quo. While the…more

General Elections, Legislative Agendas, Local Elections, Political Parties, State Elections

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[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and…more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

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Unpacking the Supreme Court’s Decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC

Last week, the Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion, Parody

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Client Alert: The Supreme Court Issues Narrow Ruling in Title VII Case, Muldrow v. City of St. Louis

On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth Circuit,…more

Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues, Employment Discrimination

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[Ongoing Program] CLE Relay – Session 1 – Inputs and Outputs: The State of Play in Year Two of Generative AI - May 10th, 10:00 am - 11:00 am PDT

This CLE will cover new developments and challenges associated with the now-widespread use of generative AI. Among other things, it will cover new generative AI capabilities, litigation, legislative, and regulatory developments,…more

Artificial Intelligence, Continuing Legal Education, Legislative Agendas, Regulatory Agenda, Risk Assessment

See all updates »

Client Alert: FTC Finalizes Near Total Ban of Noncompetes – How You Can Prepare Now

FTC Votes in Favor of Issuing Final Rule. On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most…more

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

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Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

Enablement Bar for Drug Patents

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. v. Sanofi, 987 F.3d 1080 (CA Fed. 2021). The Court thus left in place a significant CAFC decision making it more…more

Amgen v Sanofi, CAFC, Enablement Inquiries, Patent Litigation, Patents

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Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment…more

Administrative Procedure Act, Congressional Review Act, Cost Allocation, Electricity, Energy Sector

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Client Alert: FTC Reverses Quarter-Century of Enforcement Policy

In a move widely expected after the Federal Trade Commission’s Democratic majority rescinded a 1995 policy in July, the FTC issued a policy statement yesterday requiring prior approval provisions for settlements in future…more

Antitrust Provisions, Consent Decrees, Enforcement Priorities, Federal Trade Commission (FTC), Policy Statement

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Client Alert: Navigating United States Trade Policy to Achieve Climate Targets

Achieving the nation’s climate targets will require access to raw materials and components along the clean energy and technology supply chains at competitive costs. Currently in the US, these supply chains rely heavily on…more

Anti-Dumping Duty, China, Clean Energy, Climate Change, Countervailing Duties

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Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency…more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

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Understanding and Litigating Trade Secrets: An Outline for Analyzing the Statutory and Common Law of Trade Secrets In Illinois

Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, Illinois case law addressing the protection of confidential and trade secret information has…more

Confidential Information, Defend Trade Secrets Act (DTSA), Disclosure Requirements, Intellectual Property Litigation, Intellectual Property Protection

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Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency…more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

See all updates »

Government Contracts Legal Round-Up | 2024 Issue 1

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,…more

Bid Protests, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD)

See all updates »

[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and…more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

See all updates »

Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a prominent…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the National Labor Relations Act

On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National Collegiate…more

Alston v NCAA, Collective Bargaining, Educational Institutions, Employee Definition, Employee Rights

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Client Alert: Key Insights from the DOJ Fraud Section’s 2022 Annual Report

Last month, the Fraud Section, part of the US Department of Justice (DOJ) Criminal Division, released its annual year-in-review report. In this article, we highlight three key takeaways from the 2022 report…more

Corporate Crimes, Cryptocurrency, Department of Justice (DOJ), Enforcement, Fraud

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Government Contractors Obtain Relief in More than Half of GAO Bid Protests

Yesterday, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2022. The statutorily mandated report contains an array of information about GAO’s bid protest forum over…more

Bid Protests, Federal Contractors, GAO

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Key Takeaways from the New Proposed Title IX Regulations

The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated…more

Biden Administration, Department of Education, Disciplinary Proceedings, Educational Institutions, Gender Identity

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Do Your ESG Disclosures Need Leveling Up? Leading Video Game Company Faces SEC Investigation into Its Harassment and Discrimination Disclosures as It Reaches $18 Million Settlement with EEOC

Recent activity by two federal regulators underscores an increasingly obvious reality: when a company is confronted with harassment and discrimination complaints, government agencies will scrutinize its response and may bring…more

Activision, Compliance Management Systems, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only …more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Taking Stock: Russia-Ukraine Sanctions and Export Controls

As we enter the fourth month of Russia’s illegal war on Ukraine, multilateral sanctions actions continue, but at a slower pace. As discussed in our prior February 25, 2022 and March 11, 2022 alerts, following Russia’s invasion…more

Asset Freeze, Economic Sanctions, Export Controls, Imports, Investment

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Client Alert: Bank-Fintech Partnerships Update: Banking Agencies Finalize Key Risk Management Guidance

On June 6, 2023, federal banking agencies issued final Interagency Guidelines on Third-Party Relationships detailing their expectations for banks in establishing risk management practices with third-parties—including fintechs…more

Banking Sector, Banks, Cryptoassets, Cryptocurrency, FDIC

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Client Alert: Shareholders Pose Growing Risks to Companies’ DEI Initiatives

Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert…more

Board of Directors, Corporate Governance, Corporate Social Responsibility, Diversity, Diversity and Inclusion Standards (D&I)

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate…more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Bank-Fintech Partnerships Update: Banking Agencies Finalize Key Risk Management Guidance

On June 6, 2023, federal banking agencies issued final Interagency Guidelines on Third-Party Relationships detailing their expectations for banks in establishing risk management practices with third-parties—including fintechs…more

Banking Sector, Banks, Cryptoassets, Cryptocurrency, FDIC

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Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

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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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