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Protecting the Product: Beauty Products

The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating into…more

Cosmetics, Design Patent, Intellectual Property Protection, Manufacturers, Patent Infringement

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A Trademark Guide to the Metaverse for Averse Brand Owners

Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common…more

Brand, Corporate Branding, Digital Assets, Global Market, Intellectual Property Protection

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2021 Wisconsin Insurance Case Law Year in Review

Every year, Quarles & Brady’s Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. We then summarize the cases to keep you informed of developments and…more

Asbestos Litigation, Business Interruption, Business Losses, Contract Interpretation, Insurance Claims

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The Moving Target of Partial Design Protection Under Chinese Law

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule change…more

China, CNIPA, Corporate Counsel, Design Patent, Intellectual Property Protection

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Proposed changes to German Citizenship Retention Permits and the impact on U.S. citizenship applications

Soon, a retention permit to keep German citizenship before taking on another citizenship will no longer be necessary – BUT NOT YET…more

Citizenship, Dual Citizenship, Foreign Nationals, Foreign Workers, Germany

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2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

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Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

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Protecting the Product: Beauty Products

The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating into…more

Cosmetics, Design Patent, Intellectual Property Protection, Manufacturers, Patent Infringement

See all updates »

Supply Chain Survival Series: Contract Modification (Article #7)

In previous articles in the Supply Chain Survival Series, we discussed how contracts are formed and what UCC default terms apply in a Battle of the Forms scenario. We now turn our attention to how parties can modify contracts…more

Contract Modification, Contract Terms, Oral Modification, Supply Chain

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Summer Consumer Health Data Privacy Legislation Happened So Fast

Summer 2023 gave us a blast of new and distinctive consumer health data privacy legislation. The Washington legislature could not wait to start showing off and splashing around in the summer sun by passing the country’s…more

Connecticut, Consumer Privacy Rights, Data Privacy, Data Protection, Data Security

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Junker v. Medical Components, Inc.: Pre-filing Offers for Sale Trigger Patent “On-Sale Bar”

A recent Federal Circuit decision, Junker v. Med. Components, Inc., No. 2021-1649 (Feb. 10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales,…more

Boston Scientific, Design Patent, Inventions, Life Sciences, Medical Devices

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How DOL’s Cybersecurity Guidance Impacts Retirement and Health/Welfare Plans

In April 2021, the Department of Labor issued cybersecurity guidance to plan fiduciaries and participants in the form of three separate documents: Tips for Hiring Service Providers with Strong Cybersecurity Practices;…more

Cybersecurity, Data Protection, Department of Labor (DOL), Employee Benefits, Fiduciary

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Biden Administration Updates Guidance and Extends Deadline for Vaccine Compliance for Government Contractors

On November 4, 2021, the Biden Administration extended the deadline for employers covered by the federal contractor vaccine mandate in Executive Order 14042. The administration apparently recognized that many federal contractors…more

Biden Administration, Coronavirus/COVID-19, Deadlines, Employer Liability Issues, Employer Mandates

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Diving into the Washington My Health My Data Act Part Twelve : Washington Attorney General Guidance

This is Part Twelve, the final installment of our series of legal updates on the Washington My Health My Data Act (“WMHMDA”). We are thrilled that you came along as we dove into the intricacies of WMHMDA that are creating waves…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Electronic Protected Health Information (ePHI)

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Supply Chain Survival Series: Anticipatory Repudiation and Demand for Adequate Assurances (Article #8)

Previous articles in the Supply Chain Survival Series have discussed a number of topics, including how contracts are formed and modified, and what default terms may be deemed to be part of an agreement under the UCC Battle of…more

Contract Terms, Manufacturers, Suppliers, Supply Chain, Uniform Commercial Code (UCC)

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Privacy Priorities for 2024 (and Beyond)

The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon…more

Algorithms, Artificial Intelligence, Data Privacy, Data Processing Rules, Data Protection

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The Supreme Court Further Restricts the Use of Race in College Admissions; Its Decision May Also Impact Employers and Government Contractors

Last week, the United States Supreme Court issued its decision in Students for Fair Admissions, Inc. v. Harvard College. This decision concerned two companion lawsuits challenging the use of race as a criterion in the admissions…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed…more

Design Patent, Financial Services Industry, Financial Transactions, Graphical User Interface, Intellectual Property Protection

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Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of…more

Acceptance, Breach of Contract, Buyers, Goods or Services, Right To Cure

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USPTO Request for Public Comments Regarding the WIPO Design Law Treaty

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been…more

AIPLA, Design Patent, Industrial Design, Intellectual Property Protection, Patent Cooperation Treaty

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Biometric Information Privacy Update: New Illinois Appellate Ruling Expands Temporal Recovery Period and Suggests Enhanced Damage Remedy Available

The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/ (“BIPA”…more

Biometric Information, Biometric Information Privacy Act, Damages, Data Collection, Data Privacy

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Never Say Never Again: HHS Signals the Return of HIPAA Audit Program

On February 12, 2024, the U.S. Department of Health and Human Services (“HHS”) published a notice in the Federal Register regarding reinstatement of the Health Information Portability and Accountability Act of 1996 (“HIPAA”)…more

Covered Entities, Data Protection, Department of Health and Human Services (HHS), Federal Register, Health Insurance Portability and Accountability Act (HIPAA)

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DOL Raises Overtime Exemption Salary Threshold—Millions of Workers Soon Newly Subject to Overtime Laws

Last week, the Department of Labor (“DOL”) announced its long-awaited final rule raising the minimum salary that certain employees must earn in order to be exempt from overtime pay under the Fair Labor Standards Act (“FLSA”)…more

Department of Labor (DOL), Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Native American Issues

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Key New Laws Affecting California Employers in 2024

Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers…more

Adverse Employment Action, California, Employee Benefits, Employees, Employer Liability Issues

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DEA Issues New Regulation Formalizing Black Bag Exception for Veterinarians

The Drug Enforcement Administration (DEA) recently issued a new regulation codifying provisions of the Veterinary Medicine Mobility Act of 2014 (VMMA). The VMMA, which was signed into law in 2014, allows a veterinarian to…more

Animal Drugs, Controlled Substances, DEA, Drug Distribution, New Regulations

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Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises…more

CARES Act, Confidential Information, Consent, Data Management, Department of Health and Human Services (HHS)

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DOE Announces Availability of $225 million for Tribal Home Electrification Program

On November 17, 2023, the Department of Energy Office of State and Community Energy Programs (DOE OCEP) announced the final program requirements for the Tribal Home Electrification and Appliance Rebates Program (the “Tribal Home…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Federal Funding

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Intercreditor Agreements in Bankruptcy: How Intercreditor Agreements shape the proceedings and outcomes for secured creditors

Junior and Senior Lenders work hard to negotiate Intercreditor Agreements. What difference does it make? Isn’t it enough to simply agree that the Junior Lender is in a junior position? This article follows a borrower, referred…more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debt Restructuring

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DHS Proposes Rule to Modernize H-1B Program

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other…more

Comment Period, Department of Homeland Security (DHS), F-1 Visa, Foreign Workers, H-1B

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New Medical Marijuana Law Streamlines Path for Conducting Marijuana and Cannabis Research

On December 2, 2022, President Biden signed the Medical Marijuana and Cannabidiol Research Expansion Act (“Marijuana Research Act” or “Act”) into law. The Act aims to help facilitate research on marijuana, directs the Drug…more

Controlled Substances Act, DEA, Food and Drug Administration (FDA), Marijuana, Medical Marijuana

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Florida Legislation Restricting Workplace Vaccine Mandates — What Florida Employers Need to Know

Following a special legislative session requested by the Governor to address COVID-19 related matters, on November 18, 2021, Governor Ron DeSantis signed legislation aimed at dismantling COVID-19 vaccine mandates imposed by…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Exemptions

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The Revised Title IX Regulations are Finally Here: What Has Changed and What to Do Next

On April 19, 2024, the U.S. Department of Education released the unofficial version of the final revisions to the Title IX of the Education Amendments of 1972 (Title IX) regulations, several months ahead of the late summer 2024…more

Department of Education, Employees, LGBTQ, New Regulations, Sex Discrimination

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HHS’ Long-Awaited 340B Alternative Dispute Resolution Rule Is Finalized

In a move long anticipated by 340B Program participants, the Department of Health and Human Services (HHS) recently published its finalized 340B Administrative Dispute Resolution (ADR) rule, establishing formal processes for…more

Arbitration, Covered Entities, Department of Health and Human Services (HHS), Drug Pricing, Final Rules

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Design Patents are Heating Up at the Federal Circuit, Again

Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear North…more

Corporate Counsel, Design Patent, Intellectual Property Protection, Logos, Patent Infringement

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It's (Apparently) Never Too Late Part II: DEA & Morris & Dickson Settle

This week, DEA announced it has entered into a settlement agreement with Morris & Dickson Co., LLC (“Morris & Dickson”), resolving the protracted dispute born out of a May 2, 2018 Order to Show Cause (“OTSC”) and Immediate…more

Controlled Substances, DEA, Drug Distribution, Enforcement Actions, Food & Drug Regulations

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Illinois Regulators Take First Steps to Implement Illinois’ Recently-Enacted, Wide-Ranging Energy Legislation

This is the second in a series of Quarles & Brady client alerts concerning the approximately 1,000-page Illinois omnibus energy legislation commonly referred to as The Climate and Equitable Jobs Act (CEJA)…more

Carbon Emissions, Clean Energy, Clean Power Plan, Climate Action Plan, Climate Change

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New Statutory Rules for Wisconsin LLCs Effective 1/1/23

Wisconsin recently adopted a new version of its LLC Act (Chapter 183 of the Wisconsin Statutes). The new LLC Act is a full redraft of the prior statute and more closely tracks the Revised Uniform Limited Liability Company Act…more

Limited Liability Company (LLC), LLC Act, RULLCA

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SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Native American Issues

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Employee Accommodation Requests for Religious Beliefs or Practices: The Supreme Court Rejects the De Minimis Undue Hardship Standard: A Substantial Cost to Employers?

In a unanimous 9-0 decision on Thursday, June 29, 2023, the United States Supreme Court explained that courts have been getting the law on religious accommodations wrong for the past five decades. The high Court held an employer…more

Civil Rights Act, De Minimis Claims, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

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“Circling Back” After the New Year: Recent Updates in Data Privacy & Security

As we settle in to 2023 and return to our “circle back in the new year” projects, it is a good time to catch up on data privacy and security updates from the end of 2022 and set priorities for 2023. To help you start the year…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy, Data Protection, Data Security

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EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. In this decision, captioned In re: SurgiSil, L.L.P. et…more

Appeals, Design Patent, Intellectual Property Protection, Inventions, Patent Applications

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Legal Update: Paid Military Leave Suits Continue to Capture Attention

Since the Seventh Circuit rendered its 2021 groundbreaking decision in White v. United Airlines, Inc., et al.—becoming the first federal appellate court to hold that employers may need to pay employees who take leave pursuant to…more

Employer Liability Issues, Military Leave, Military Service Members, USERRA, Wage and Hour

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Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

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CMS Vaccine Mandate: Compliance Dates Clarified

As stated in our previous client alert, the Centers for Medicare and Medicaid Services (CMS) set compliance dates for the vaccine mandate in all of the states where the injunction had been lifted, which became official for those…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Florida Board of Pharmacy Proposes Amendments to Rule on Technician to Pharmacist Ratio

On September 12, 2023, the Florida Board of Pharmacy published a notice of intent to adopt amendments to its rule on registered pharmacy technician-to-pharmacist ratios (64B16-27.410). The amendments would allow a supervising…more

Pharmaceutical Industry, Pharmacies, Proposed Amendments

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SEC Proposes Extensive Climate Change Reporting Obligations for Public Companies

On March 21, 2022, the Securities and Exchange Commission (SEC) proposed its long-awaited rules requiring more robust climate change disclosures for publicly traded companies. The reach of these proposed rules is extremely broad…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Friendly Reminder - Finalize and Post Your Consumer Health Data Privacy Notice Before March 31

Friendly reminder – the Washington My Health My Data Act (“WMHMDA”) compliance deadline for regulated entities to post their consumer health data privacy policy is March 31, 2024 (June 30, 2024 for small businesses). A consumer…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Maatita – Less can be More

Is it possible that adding more specificity and detail to a design claim can render the claim indefinite and non-enabled under 35 U.S.C. 112? According to the USPTO, the answer is: yes…more

Design Patent, Intellectual Property Litigation, Intellectual Property Protection, Patent Applications, Patent Litigation

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2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

See all updates »

New Ordinance Sends All Chicago Employees Back to Training

Amendments to Chicago’s Human Rights Ordinance (“Ordinance”) that implement new policy and training requirements will take effect on July 1, 2022. The Ordinance imposes various requirements on Chicago employers regarding sexual…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

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EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Court Decision Opens Door to Potential Flood of Federal Court Litigation Against Indiana Skilled Nursing Facilities

On July 27, 2021, the United States Court of Appeals for the Seventh Circuit (the "Court" or "7th Circuit") issued a ruling which could dramatically impact litigation involving Indiana skilled nursing facilities (SNFs). In the…more

42 U.S.C. §1983, Administrative Proceedings, Administrative Remedies, Attorney's Fees, Medical Malpractice

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New USPTO Design Patent “Bar” to be Created in 2024

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to…more

Design Patent, Intellectual Property Litigation, New Rules, Patent Applications, Patent Litigation

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Preparing for the Corporate Transparency Act: What you should be doing now

Although you have probably been bombarded with news about the Corporate Transparency Act which is set to take effect on January 1, 2024, its actual impact for most operational companies in the U.S. will likely be significantly…more

Anti-Money Laundering, Corporate Liability, Corporate Transparency Act, Financial Institutions, FinCEN

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A Rare Hole-in-One for Copyright Protection?

A new bipartisan bill relating to copyright protection may be a hole-in-one for golf course architects and owners…more

Architects, Architectural Copyrights, Copyright, Copyright Infringement, Copyright Litigation

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Recent Updates to Bayh-Dole Obligations May Require New License Terms and Reporting Procedures for Federally-Funded Inventions

Effective October 1, 2023, certain aspects of reporting obligations under the Bayh-Dole Act changed, and further changes are potentially on the way. Frequent recipients of federal funding, such as universities and research…more

Bayh-Dole Act, Department of Energy (DOE), Executive Orders, Federal Funding, Funding Arrangements

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Using Text Messages for Marketing? Proceed with Caution in Florida

Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a tumultuous…more

Advertising, Auto-Dialed Calls, Florida, Marketing, Marketing Perspectives

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HHS’ Long-Awaited 340B Alternative Dispute Resolution Rule Is Finalized

In a move long anticipated by 340B Program participants, the Department of Health and Human Services (HHS) recently published its finalized 340B Administrative Dispute Resolution (ADR) rule, establishing formal processes for…more

Arbitration, Covered Entities, Department of Health and Human Services (HHS), Drug Pricing, Final Rules

See all updates »

Never Say Never Again: HHS Signals the Return of HIPAA Audit Program

On February 12, 2024, the U.S. Department of Health and Human Services (“HHS”) published a notice in the Federal Register regarding reinstatement of the Health Information Portability and Accountability Act of 1996 (“HIPAA”)…more

Covered Entities, Data Protection, Department of Health and Human Services (HHS), Federal Register, Health Insurance Portability and Accountability Act (HIPAA)

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Recent Updates to Bayh-Dole Obligations May Require New License Terms and Reporting Procedures for Federally-Funded Inventions

Effective October 1, 2023, certain aspects of reporting obligations under the Bayh-Dole Act changed, and further changes are potentially on the way. Frequent recipients of federal funding, such as universities and research…more

Bayh-Dole Act, Department of Energy (DOE), Executive Orders, Federal Funding, Funding Arrangements

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Doing a Healthcare Transaction in Illinois? Be Prepared to Tell the Attorney General.

January 1, 2024 ushered in a new year and new changes to the Illinois Antitrust Act, the State Finance Act, and the Illinois Health Facilities Planning Act. These changes result in new requirements for certain “health care…more

Change of Ownership, Covered Transactions, Hart-Scott-Rodino Act, Health Care Providers, Healthcare Facilities

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Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises…more

CARES Act, Confidential Information, Consent, Data Management, Department of Health and Human Services (HHS)

See all updates »

U.S. State Department Unveils Details of Pilot Program for Domestic Renewal of H-1B Visa Stamps

On December 20, 2023, the Department of State (“DOS”) released details of the domestic visa renewal pilot program, as noted in their announcement earlier this month. Per the draft regulation, the pilot program is limited to…more

Employees, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures

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California’s Pre-Closing Health Care Transaction Review Regulations Take Effect: Where Did We Land?

In the final iteration of California’s Office of Health Care Affordability pre-closing health care transaction regulations, Health Care Entities that are party to a “material change transaction” closing on or after April 1, 2024…more

California, Corporate Restructuring, Corporate Sales Transactions, Healthcare, Healthcare Facilities

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The Supreme Court Declares Registered Out-of-State Businesses “At Home” in Pennsylvania

If a Wisconsin citizen is injured in Wisconsin on the property of a Wisconsin company, where can the citizen sue the company? One option is where the accident occurred—Wisconsin. Another option is where the company is…more

Due Process, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Pennsylvania, Personal Jurisdiction

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Supreme Court Rules Amgen Cannot Monopolize Class of Antibodies Based On Function

The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

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All I Want for Christmas Are Two New Wisconsin Guardianship Rules!

Tis the season for giving and, in that spirit, the Wisconsin legislature and courts have given those pursuing adult guardianship two more things to take into consideration as they move through that process. These two holiday…more

Estate Planning, Guardians, Guardianships

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Wisconsin Case Law Year in Review 2023

5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of two…more

Commercial General Liability Policies, Commercial Insurance Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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IRS Issues New Guidance Related to Bonus Tax Credits for Renewable Energy Projects: Prevailing Wage Requirements and Start of Construction for Tribal Projects

On November 30, 2022, the Internal Revenue Service published Notice 2022-61 in the Federal Register, providing guidance on the prevailing wage and apprenticeship requirements that, if met, entitle Indian tribal governments…more

Energy Projects, Internal Revenue Code (IRC), Investment Tax Credits, IRS, Prevailing Wages

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EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

HHS’ Long-Awaited 340B Alternative Dispute Resolution Rule Is Finalized

In a move long anticipated by 340B Program participants, the Department of Health and Human Services (HHS) recently published its finalized 340B Administrative Dispute Resolution (ADR) rule, establishing formal processes for…more

Arbitration, Covered Entities, Department of Health and Human Services (HHS), Drug Pricing, Final Rules

See all updates »

Summary: HB 2617’s Amendments to Existing Arizona Homestead Exemption & Judgment Lien Laws

HB 2617 is significantly altering the Arizona homestead exemption laws on December 31, 2021. Under current law, up to $150,000 in equity proceeds in a debtor’s home is exempt from collection by creditors. Additionally, the…more

Amended Legislation, Arizona, Consumer Bankruptcy, Creditors, Debtors

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Changes to Chicago’s Paid Leave Ordinance May Prove Challenging for Chicago Businesses

As the year comes to an end, the City of Chicago is expanding the requirements on employers to provide paid leave. As of January 1, 2024, local employers will have additional legal obligations to provide time off for their…more

City of Chicago, Employees, Employer Liability Issues, Illinois, Labor Reform

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Mississippi Board of Pharmacy Approves Final Rule on Shared Pharmacy Services with Minor Modifications

On September 21, 2023, the Mississippi Board of Pharmacy (the “Board”) voted to approve and finalize modifications to its proposed rule on shared services. The Board had initially published the proposed rule on June 10, 2022…more

Final Rules, Pharmaceutical Industry, Pharmacies, Prescription Drugs, Proposed Rules

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The Lower Costs More Transparency Act of 2023

The Lower Costs More Transparency Act of 2023, passed by the House 320-71 on Monday, December 11, 2023, would institute new transparency and pricing rules on pharmacy benefit managers (PBMs) and hospitals. The bill would require…more

Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, Health Plan Sponsors, Healthcare

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Alternatives to H-1B Status for F-1 OPT Employees

The H-1B lottery for Fiscal Year (FY) 2023 was conducted in March 2022. USCIS received 483,927 H-1B registrations and initially selected 127,600 registrations, which is the projected amount needed to reach the FY2023 numerical…more

F-1 Visa, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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DOL Raises Overtime Exemption Salary Threshold—Millions of Workers Soon Newly Subject to Overtime Laws

Last week, the Department of Labor (“DOL”) announced its long-awaited final rule raising the minimum salary that certain employees must earn in order to be exempt from overtime pay under the Fair Labor Standards Act (“FLSA”)…more

Department of Labor (DOL), Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Indiana Lawmakers Continue to Take Aim at Health Care Organization Mergers

On February 27, 2024, the Indiana House of Representatives (“House”) voted to pass legislation that would call for increased scrutiny regarding mergers between health care organizations. More specifically, the implementation of…more

Acquisition Agreements, Antitrust Provisions, Competition, Health Care Providers, Healthcare

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Employers Have New Obligations Under Statute Regulating Noncompete Agreements

As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement…more

California, Employees, Employer Liability Issues, Employment Contract, Former Employee

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California’s Pre-Closing Health Care Transaction Review Regulations Take Effect: Where Did We Land?

In the final iteration of California’s Office of Health Care Affordability pre-closing health care transaction regulations, Health Care Entities that are party to a “material change transaction” closing on or after April 1, 2024…more

California, Corporate Restructuring, Corporate Sales Transactions, Healthcare, Healthcare Facilities

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New Florida Legislation—What Employers Need to Know

With the 2023 Florida Legislative Session’s adjournment earlier this month, a number of recently enacted laws are making headlines. Employers should pay special attention to two specific pieces of legislation, Senate Bill 1718…more

Best Practices, Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Florida

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The Hapless Case of the Hookless Defendants: A Cautionary Tale on Treble Damages and Costly Attorneys’ Fees

Launching a product, even a simple one, can be lucrative, but also presents risks, not the least of which is patent infringement. Before selling a product, it is wise to invest in patent clearance advice, which includes an…more

Attorney's Fees, Enhanced Damages, Intellectual Property Protection, Patent Infringement, Patent Litigation

See all updates »

Summary: HB 2617’s Amendments to Existing Arizona Homestead Exemption & Judgment Lien Laws

HB 2617 is significantly altering the Arizona homestead exemption laws on December 31, 2021. Under current law, up to $150,000 in equity proceeds in a debtor’s home is exempt from collection by creditors. Additionally, the…more

Amended Legislation, Arizona, Consumer Bankruptcy, Creditors, Debtors

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New Florida Community Property Trust Law

Florida has enacted new legislation allowing married couples to create a Community Property Trust (CPT). Currently (except in community property states), when the first spouse dies, his or her own assets receive a step-up in…more

Asset Management, Capital Gains, Community Property, Florida, Marital Assets

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Employers Have New Obligations Under Statute Regulating Noncompete Agreements

As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement…more

California, Employees, Employer Liability Issues, Employment Contract, Former Employee

See all updates »

Immigration Agencies: 2022 Yearend Review and What to Expect in 2023

Much like any other area of business, immigration functions as a delicate ecosystem with multiple agencies touching pieces of the process. When one agency experiences a change, it impacts many other areas of immigration. After…more

Coronavirus/COVID-19, Customs and Border Protection, Immigrants, Immigration Procedures, USCIS

See all updates »

New Florida law imposes warranty requirements on Florida builders starting in 2025

Earlier this week, Florida Gov. Ron DeSantis signed new legislation that will place new warranty requirements on Florida builders. Before reaching the Governor’s desk, the legislation received bipartisan support in both the…more

Building Codes, Construction Project, Florida, New Legislation, Real Estate Development

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All I Want for Christmas Are Two New Wisconsin Guardianship Rules!

Tis the season for giving and, in that spirit, the Wisconsin legislature and courts have given those pursuing adult guardianship two more things to take into consideration as they move through that process. These two holiday…more

Estate Planning, Guardians, Guardianships

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Key Takeaways for Borrowers and Banks in the Wake of SVB and Signature Bank Failures

As outlined in our previous client alert relating to the current banking environment in the wake of SVB's failure and FDIC receivership, and notwithstanding the apparent stabilization of the banking industry and financial…more

Banking Crisis, Banks, Borrowers, Consumer Financial Products, Deposit Accounts

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Minnesota Employees Receive Additional Protections and Benefits Based on Recent Legislative Changes

Minnesota recently passed the Omnibus Jobs Bill that contains a number of changes that will affect employers with employees in Minnesota. The changes are far reaching and some will be effective as early as July 1, 2023…more

Earned Sick Time, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

See all updates »

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up Visas Remain Available

At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent…more

Canada, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

See all updates »

Supply Chain Survival Series: Mitigation (Article #13)

In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has been…more

Breach of Contract, Buyers, Damages, Goods or Services, Risk Mitigation

See all updates »

Congress Bars Arbitration of Sexual Assault and Harassment Claims

In our last alert, What Should Employers Expect in 2022, Non-COVID Edition, we predicted the Senate would pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, House Resolution 4445 (the Act),…more

#MeToo, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that only…more

Biden Administration, Corporate Counsel, Employees, Foreign Nationals, H-1B

See all updates »

Supply Chain Survival Series: Mitigation (Article #13)

In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has been…more

Breach of Contract, Buyers, Damages, Goods or Services, Risk Mitigation

See all updates »

Nevada Legislature Rejects Board of Pharmacy’s Licensing Requirement for Out-of-State Pharmacists

On May 31, 2023, the Nevada Legislature enacted Assembly Bill 107, which reversed the Nevada Board of Pharmacy’s (the “Board”) interpretation that required Nevada pharmacist licensure for out-of-state pharmacists who dispense or…more

Drug Compounding, Healthcare, Licensing Rules, Life Sciences, Nevada

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Illinois Proposes Licensure for Pharmacists-in-Charge of Nonresident Pharmacies

Illinois has joined other states in efforts to require licensure for individuals located outside of the state. In the December 15, 2023 Register, the Illinois Department of Financial and Professional Regulation (“IDFPR”)…more

Illinois, Life Sciences, Pharmaceutical Industry, Pharmacies

See all updates »

Best Practices for Employers to Prepare Employees for Visa Interviews

With visa interview appointments at the U.S. consulates abroad still limited due to COVID-19 backlogs, sponsored employees need to be as well-prepared as possible to avoid a visa denial at the visa window. To answer some…more

Best Practices, Employees, Foreign Workers, Hiring & Firing, Immigration Procedures

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[Webinar] The Veterans Consortium Pro Bono Program Training - November 11th, 11:00 am - 2:00 pm CT

What better way to mark Veterans Day than to learn how you can assist a veteran in need? Please join us for The Veterans Consortium (TVC) Pro Bono Program’s Volunteer Attorney Training on Thursday, November 11 from 11 a.m. -…more

Appeals, Continuing Legal Education, Department of Veterans Affairs, Disability Benefits, Educational Assistance Programs

See all updates »

The Revised Title IX Regulations are Finally Here: What Has Changed and What to Do Next

On April 19, 2024, the U.S. Department of Education released the unofficial version of the final revisions to the Title IX of the Education Amendments of 1972 (Title IX) regulations, several months ahead of the late summer 2024…more

Department of Education, Employees, LGBTQ, New Regulations, Sex Discrimination

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Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

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FDA Releases Draft Interim Guidance on Bulk Drug Substances in Compounding Under Sections 503A and 503B of FDCA

The Food and Drug Administration (“FDA”) has released draft interim guidance documents that impact the use of bulk drug substances in compounding under Sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act (“FDCA”)…more

Department of Health and Human Services (HHS), DQSA, Draft Guidance, Drug Compounding, Federal Food Drug and Cosmetic Act (FFDCA)

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DHS Proposes Rule to Modernize H-1B Program

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other…more

Comment Period, Department of Homeland Security (DHS), F-1 Visa, Foreign Workers, H-1B

See all updates »

Doing a Healthcare Transaction in Illinois? Be Prepared to Tell the Attorney General.

January 1, 2024 ushered in a new year and new changes to the Illinois Antitrust Act, the State Finance Act, and the Illinois Health Facilities Planning Act. These changes result in new requirements for certain “health care…more

Change of Ownership, Covered Transactions, Hart-Scott-Rodino Act, Health Care Providers, Healthcare Facilities

See all updates »

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

See all updates »

U.S. State Department Unveils Details of Pilot Program for Domestic Renewal of H-1B Visa Stamps

On December 20, 2023, the Department of State (“DOS”) released details of the domestic visa renewal pilot program, as noted in their announcement earlier this month. Per the draft regulation, the pilot program is limited to…more

Employees, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures

See all updates »

Indiana Passes Law Granting Pharmacist Prescriptive Authority for Birth Control and Requiring Medicaid Coverage of the Care

Indiana follows a growing trend where states are expanding pharmacist prescriptive authority. On May 01, 2023, Indiana Governor Eric Holcomb signed House Bill 1568, (the “Law”) which adds a new code section, Indiana Code…more

Birth Control, Contraceptives, Medicaid, Pharmaceutical Industry, Pharmacist

See all updates »

2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

See all updates »

[Webinar] The Veterans Consortium Pro Bono Program Training - November 11th, 11:00 am - 2:00 pm CT

What better way to mark Veterans Day than to learn how you can assist a veteran in need? Please join us for The Veterans Consortium (TVC) Pro Bono Program’s Volunteer Attorney Training on Thursday, November 11 from 11 a.m. -…more

Appeals, Continuing Legal Education, Department of Veterans Affairs, Disability Benefits, Educational Assistance Programs

See all updates »

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

See all updates »

Illinois Regulators Take First Steps to Implement Illinois’ Recently-Enacted, Wide-Ranging Energy Legislation

This is the second in a series of Quarles & Brady client alerts concerning the approximately 1,000-page Illinois omnibus energy legislation commonly referred to as The Climate and Equitable Jobs Act (CEJA)…more

Carbon Emissions, Clean Energy, Clean Power Plan, Climate Action Plan, Climate Change

See all updates »

SEC Issues an Administrative Stay of its Climate Disclosure Rules

On March 6, 2024, the Securities and Exchange Commission (SEC or the Commission) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. We previously provided a summary of the content of that final rule…more

Administrative Procedure Act, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

Annual Update of Form ADV and Recent Regulatory Changes Affecting Advisers (UPDATED)

As a reminder, each registered investment adviser must file an annual updating amendment to its Form ADV within 90 days of its fiscal year end. This means an adviser with a December 31 fiscal year end will be required to file an…more

Asset Management, Compliance, Corporate Transparency Act, Cybersecurity, Form ADV

See all updates »

Are You Ready for Alabama’s New Designated Representative Requirements?

In a previous update, Quarles discussed a new Alabama law that requires individuals serving as the designated representative for an Alabama-licensed facility to register with the Alabama Board of Pharmacy ("the Board”) as of…more

Alabama, Drug Distribution, Healthcare, Healthcare Facilities, Licensing Rules

See all updates »

The Supreme Court Further Restricts the Use of Race in College Admissions; Its Decision May Also Impact Employers and Government Contractors

Last week, the United States Supreme Court issued its decision in Students for Fair Admissions, Inc. v. Harvard College. This decision concerned two companion lawsuits challenging the use of race as a criterion in the admissions…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

See all updates »

IRS to Issue Opportunity Zone Compliance Letters

On April 12, 2022, the Internal Revenue Service announced that taxpayers participating in the Qualified Opportunity Zone program who need to take additional actions would receive notice letters later in April. This announcement…more

Capital Gains, IRS, Opportunity Zones, Real Estate Investments, Tax Planning

See all updates »

What Your Medicaid Pharmacy Administrator is Working On

We spent a couple lovely days with the Western Medicaid Pharmacy Administrators Association members in Tucson, Arizona. The following is a summary of key focus areas for many of the member states..…more

Health Insurance, Healthcare, Medicaid, Pharmaceutical Industry, Pharmacies

See all updates »

SEC Issues an Administrative Stay of its Climate Disclosure Rules

On March 6, 2024, the Securities and Exchange Commission (SEC or the Commission) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. We previously provided a summary of the content of that final rule…more

Administrative Procedure Act, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

2022 Wisconsin Insurance Case Law Year in Review

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

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

See all updates »

Deciphering the FTC’s Updated Guidance for Advertisers

Introduction - On June 29, 2023, The Federal Trade Commission (FTC) announced the finalized version of the agency’s updates to the Endorsement Guides and updated its guidance document “FTC’s Endorsement Guides: What People…more

Advertising, Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Influencers

See all updates »

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up Visas Remain Available

At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent…more

Canada, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

See all updates »

FTC Seeks to Ban Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that bans the use of non-compete agreements between employers and their “workers.”…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

See all updates »

Wisconsin Case Law Year in Review 2023

5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of two…more

Commercial General Liability Policies, Commercial Insurance Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

See all updates »

Doing a Healthcare Transaction in Illinois? Be Prepared to Tell the Attorney General.

January 1, 2024 ushered in a new year and new changes to the Illinois Antitrust Act, the State Finance Act, and the Illinois Health Facilities Planning Act. These changes result in new requirements for certain “health care…more

Change of Ownership, Covered Transactions, Hart-Scott-Rodino Act, Health Care Providers, Healthcare Facilities

See all updates »

DHS Proposes Rule to Modernize H-1B Program

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other…more

Comment Period, Department of Homeland Security (DHS), F-1 Visa, Foreign Workers, H-1B

See all updates »

Friendly Reminder - Finalize and Post Your Consumer Health Data Privacy Notice Before March 31

Friendly reminder – the Washington My Health My Data Act (“WMHMDA”) compliance deadline for regulated entities to post their consumer health data privacy policy is March 31, 2024 (June 30, 2024 for small businesses). A consumer…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

See all updates »

Wisconsin Case Law Year in Review 2023

5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of two…more

Commercial General Liability Policies, Commercial Insurance Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

See all updates »

Private Equity Groups and Hedge Funds – Be Aware of Proposed California Legislation Potentially Imposing Further Approval Requirements and Restrictions on Certain Health Care Transactions

On February 16, 2024, another Bill was introduced in California that could have significant implications on certain health care transactions. As proposed by Assembly Speaker pro Tempore Jim Wood, Assembly Bill 3129 (“AB-3129” or…more

Acquisition Agreements, Health Care Providers, Healthcare, Healthcare Facilities, Hedge Funds

See all updates »

An Overview of President Biden’s Executive Order on Non-Competes

On July 9, 2021, President Biden issued an extensive Executive Order on Promoting Competition in the American Economy. Among other things, the Executive Order directs the Federal Trade Commission (FTC), through rulemaking, to…more

Anti-Competitive, Biden Administration, Competition, Employer Liability Issues, Employment Contract

See all updates »

Annual Update of Form ADV and Recent Regulatory Changes Affecting Advisers (UPDATED)

As a reminder, each registered investment adviser must file an annual updating amendment to its Form ADV within 90 days of its fiscal year end. This means an adviser with a December 31 fiscal year end will be required to file an…more

Asset Management, Compliance, Corporate Transparency Act, Cybersecurity, Form ADV

See all updates »

New Year, New Fees?  USCIS Resolves to Increase Filing Fees

On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM), proposing significant filing fee increases for employment-based, family-based, and humanitarian immigration…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, USCIS

See all updates »

Employee Accommodation Requests for Religious Beliefs or Practices: The Supreme Court Rejects the De Minimis Undue Hardship Standard: A Substantial Cost to Employers?

In a unanimous 9-0 decision on Thursday, June 29, 2023, the United States Supreme Court explained that courts have been getting the law on religious accommodations wrong for the past five decades. The high Court held an employer…more

Civil Rights Act, De Minimis Claims, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

See all updates »

Private Equity Groups and Hedge Funds – Be Aware of Proposed California Legislation Potentially Imposing Further Approval Requirements and Restrictions on Certain Health Care Transactions

On February 16, 2024, another Bill was introduced in California that could have significant implications on certain health care transactions. As proposed by Assembly Speaker pro Tempore Jim Wood, Assembly Bill 3129 (“AB-3129” or…more

Acquisition Agreements, Health Care Providers, Healthcare, Healthcare Facilities, Hedge Funds

See all updates »

Illinois Legislature Passes Equal Pay Act Amendment: Employers Likely Required to Include Pay Scale and Benefits in Job Postings

Illinois is primed to join states like California, Colorado, and New York in their recent efforts to address pay inequality by increasing transparency around compensation and benefits. In May 2023, both houses of the Illinois…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Wage and Hour

See all updates »

The Hapless Case of the Hookless Defendants: A Cautionary Tale on Treble Damages and Costly Attorneys’ Fees

Launching a product, even a simple one, can be lucrative, but also presents risks, not the least of which is patent infringement. Before selling a product, it is wise to invest in patent clearance advice, which includes an…more

Attorney's Fees, Enhanced Damages, Intellectual Property Protection, Patent Infringement, Patent Litigation

See all updates »

Employers Have New Obligations Under Statute Regulating Noncompete Agreements

As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement…more

California, Employees, Employer Liability Issues, Employment Contract, Former Employee

See all updates »

Wisconsin Case Law Year in Review 2023

5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of two…more

Commercial General Liability Policies, Commercial Insurance Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

See all updates »

Design Patent Obviousness Inquiry Is Up for Review at the CAFC

As we have previously written about, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology to rule on the issue…more

CAFC, Design Patent, En Banc Review, Intellectual Property Protection, Obviousness

See all updates »

2022 Wisconsin Insurance Case Law Year in Review

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

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

See all updates »

What Does Wisconsin Medical Examining Board’s New Chaperone Rule Mean for Hospitals?  Not Much.

The new rules about chaperones for physicians in private practice (not hospitals or hospital-employed physicians) go into effect October 1, 2023. The rule is promulgated by the Medical Examining Board (MEB), which does not have…more

American Medical Association, Health Care Providers, Healthcare, Healthcare Reform, Hospitals

See all updates »

Indiana Passes Law Granting Pharmacist Prescriptive Authority for Birth Control and Requiring Medicaid Coverage of the Care

Indiana follows a growing trend where states are expanding pharmacist prescriptive authority. On May 01, 2023, Indiana Governor Eric Holcomb signed House Bill 1568, (the “Law”) which adds a new code section, Indiana Code…more

Birth Control, Contraceptives, Medicaid, Pharmaceutical Industry, Pharmacist

See all updates »

Supreme Court Identifies Employee-Favorable Standard for Workplace Discrimination Claims

On April 17, 2024, the Supreme Court held in Muldrow v. City of St. Louis that an employee alleging a discriminatory job transfer need only show “some injury” respecting their employment terms or conditions, rather than a…more

Civil Rights Act, Employee Transfers, Employees, Employer Liability Issues, Employment Discrimination

See all updates »

New DOJ Policy for M&A Transactions Promotes Thorough Due Diligence and Voluntary Self-Disclosures

The United States Department of Justice (“DOJ”) recently made clear that acquiring entities involved in mergers and acquisitions must conduct thorough due diligence of acquired companies and, if relevant, undergo a voluntary…more

Corporate Crimes, Department of Justice (DOJ), Due Diligence, Merger Controls, Safe Harbors

See all updates »

Illinois Proposes Licensure for Pharmacists-in-Charge of Nonresident Pharmacies

Illinois has joined other states in efforts to require licensure for individuals located outside of the state. In the December 15, 2023 Register, the Illinois Department of Financial and Professional Regulation (“IDFPR”)…more

Illinois, Life Sciences, Pharmaceutical Industry, Pharmacies

See all updates »

Biden Administration Updates Guidance and Extends Deadline for Vaccine Compliance for Government Contractors

On November 4, 2021, the Biden Administration extended the deadline for employers covered by the federal contractor vaccine mandate in Executive Order 14042. The administration apparently recognized that many federal contractors…more

Biden Administration, Coronavirus/COVID-19, Deadlines, Employer Liability Issues, Employer Mandates

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The Moving Target of Partial Design Protection Under Chinese Law

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule change…more

China, CNIPA, Corporate Counsel, Design Patent, Intellectual Property Protection

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Civil Rights Compliance for Hospitals in Wisconsin

Happy holidays, Wisconsin health care providers! As a gift to all of you, earlier this month, the Wisconsin Department of Health Services (DHS) and Department of Children & Families (DCF) released their new joint guidance for…more

Cooperative Compliance Regime, Department of Children and Families (DCF), Department of Homeland Security (DHS), Federal Funding, Health Care Providers

See all updates »

DOL Publishes New Rule for Determining Whether Individuals are Independent Contractors under the Fair Labor Standard Act

On January 9, 2024, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule, which revises the criteria for determining whether a worker is an employee or independent contractor under the Fair Labor…more

Department of Labor (DOL), Economic Realities Test, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

See all updates »

Computer-Generated Electronic Images & The Article of Manufacture Requirement: The USPTO Declines to Extend Subject Matter Eligibility to “Disembodied” Designs

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as…more

Article of Manufacture, Design Patent, Intellectual Property Protection, Patent Applications, Patent Litigation

See all updates »

A Quick Dive Into the Upcoming Changes to Chinese Design Patent Law

On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates…more

Amended Regulation, China, CNIPA, Design Patent, Intellectual Property Protection

See all updates »

FTC Seeks to Ban Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that bans the use of non-compete agreements between employers and their “workers.”…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

See all updates »

2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

See all updates »

Supply Chain Survival Series: Impracticability, Impossibility and Frustration of Purpose (Article #10)

In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual…more

Commercial Contracts, Contract Terms, Force Majeure Clause, Frustration of a Common Purpose, Impracticability

See all updates »

Employers Must Disclose Pay Ranges in Job Postings in California

On September 27, 2022, California Governor Newsom signed SB 1162 (the “Act”) into law, requiring employers with 15 or more employees to disclose salary ranges on their job postings. California is the latest jurisdiction to join…more

Disclosure Requirements, Employer Liability Issues, Pay Transparency, State Labor Laws, Wage and Hour

See all updates »

Are You Ready for Alabama’s New Designated Representative Requirements?

In a previous update, Quarles discussed a new Alabama law that requires individuals serving as the designated representative for an Alabama-licensed facility to register with the Alabama Board of Pharmacy ("the Board”) as of…more

Alabama, Drug Distribution, Healthcare, Healthcare Facilities, Licensing Rules

See all updates »

HHS’ Long-Awaited 340B Alternative Dispute Resolution Rule Is Finalized

In a move long anticipated by 340B Program participants, the Department of Health and Human Services (HHS) recently published its finalized 340B Administrative Dispute Resolution (ADR) rule, establishing formal processes for…more

Arbitration, Covered Entities, Department of Health and Human Services (HHS), Drug Pricing, Final Rules

See all updates »

DHS Modernizes Form I-9 Document Inspection Procedures and Issues a New Form, Easing Process for Certain E-Verify Employers

The Department of Homeland Security (DHS) has announced an alternative procedure for certain employers to physically inspect identity and work authorization documents required for the Form I-9, employment eligibility…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Final Rules, Foreign Workers

See all updates »

2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

See all updates »

SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Native American Issues

See all updates »

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

See all updates »

USCIS Announces Premium Processing Expansion for F-1 OPT and STEM OPT EAD Applications

The U.S. Citizenship and Immigration Service (USCIS) has announced an expansion of "premium processing" for F-1 foreign students who are seeking employment authorization related to Optional Practical Training (OPT) and science,…more

F-1 Visa, Foreign Nationals, Immigration Procedures, OPT, STEM

See all updates »

Summary: HB 2617’s Amendments to Existing Arizona Homestead Exemption & Judgment Lien Laws

HB 2617 is significantly altering the Arizona homestead exemption laws on December 31, 2021. Under current law, up to $150,000 in equity proceeds in a debtor’s home is exempt from collection by creditors. Additionally, the…more

Amended Legislation, Arizona, Consumer Bankruptcy, Creditors, Debtors

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Supreme Court Identifies Employee-Favorable Standard for Workplace Discrimination Claims

On April 17, 2024, the Supreme Court held in Muldrow v. City of St. Louis that an employee alleging a discriminatory job transfer need only show “some injury” respecting their employment terms or conditions, rather than a…more

Civil Rights Act, Employee Transfers, Employees, Employer Liability Issues, Employment Discrimination

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Protecting the Product: Beauty Products

The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating into…more

Cosmetics, Design Patent, Intellectual Property Protection, Manufacturers, Patent Infringement

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DEA Issues New Regulation Formalizing Black Bag Exception for Veterinarians

The Drug Enforcement Administration (DEA) recently issued a new regulation codifying provisions of the Veterinary Medicine Mobility Act of 2014 (VMMA). The VMMA, which was signed into law in 2014, allows a veterinarian to…more

Animal Drugs, Controlled Substances, DEA, Drug Distribution, New Regulations

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Key New Laws Affecting California Employers in 2024

Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers…more

Adverse Employment Action, California, Employee Benefits, Employees, Employer Liability Issues

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FDA Approves Florida’s Section 804 Importation Program for Importation of Canadian Pharmaceuticals

On January 5, 2024 the Food and Drug Administration (FDA) issued its approval of the State of Florida’s proposal to import certain prescription drugs from Canada under the Section 804 Importation Program (SIP). This approval is…more

Biologics, Canada, Controlled Substances, Drug Pricing, FDA Approval

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Supply Chain Survival Series: Mitigation (Article #13)

In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has been…more

Breach of Contract, Buyers, Damages, Goods or Services, Risk Mitigation

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DOE Announces Availability of $225 million for Tribal Home Electrification Program

On November 17, 2023, the Department of Energy Office of State and Community Energy Programs (DOE OCEP) announced the final program requirements for the Tribal Home Electrification and Appliance Rebates Program (the “Tribal Home…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Federal Funding

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The Supreme Court Declares Registered Out-of-State Businesses “At Home” in Pennsylvania

If a Wisconsin citizen is injured in Wisconsin on the property of a Wisconsin company, where can the citizen sue the company? One option is where the accident occurred—Wisconsin. Another option is where the company is…more

Due Process, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Pennsylvania, Personal Jurisdiction

See all updates »

Wisconsin’s New Insurance Data Security Law

Cyberattacks on organizations with large consumer databases have been on the rise recently. This is certainly true for the insurance industry, which also has been migrating more business to online platforms in an effort to keep…more

Cyber Attacks, Cybersecurity, Cybersecurity Framework, Data Privacy, Data Protection

See all updates »

A Rare Hole-in-One for Copyright Protection?

A new bipartisan bill relating to copyright protection may be a hole-in-one for golf course architects and owners…more

Architects, Architectural Copyrights, Copyright, Copyright Infringement, Copyright Litigation

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DEA Issues New Regulation Formalizing Black Bag Exception for Veterinarians

The Drug Enforcement Administration (DEA) recently issued a new regulation codifying provisions of the Veterinary Medicine Mobility Act of 2014 (VMMA). The VMMA, which was signed into law in 2014, allows a veterinarian to…more

Animal Drugs, Controlled Substances, DEA, Drug Distribution, New Regulations

See all updates »

U.S. State Department Unveils Details of Pilot Program for Domestic Renewal of H-1B Visa Stamps

On December 20, 2023, the Department of State (“DOS”) released details of the domestic visa renewal pilot program, as noted in their announcement earlier this month. Per the draft regulation, the pilot program is limited to…more

Employees, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures

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IRS to Issue Opportunity Zone Compliance Letters

On April 12, 2022, the Internal Revenue Service announced that taxpayers participating in the Qualified Opportunity Zone program who need to take additional actions would receive notice letters later in April. This announcement…more

Capital Gains, IRS, Opportunity Zones, Real Estate Investments, Tax Planning

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Supreme Court Rules Amgen Cannot Monopolize Class of Antibodies Based On Function

The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

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California Follows the Lead of Other States in Heightening the Scrutiny of Health Care Transactions

California is taking steps to broaden its regulatory oversight of health care related transactions, joining a growing list of states that have recently either attempted to or have been successful in enacting similar legislation…more

California, Factoring Transactions, Final Rules, Health Care Providers, Healthcare

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EPA Seeking Public Comment on Significant Revisions to the RMP Program

On August 31, 2022, the United States Environmental Protection Agency’s (EPA) proposed revisions to the Risk Management Program (RMP) regulations were published in the Federal Register, kicking off a 60-day public comment period…more

Chemicals, Comment Period, Environmental Protection Agency (EPA), Public Comment, Risk Management

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Private Equity Groups and Hedge Funds – Be Aware of Proposed California Legislation Potentially Imposing Further Approval Requirements and Restrictions on Certain Health Care Transactions

On February 16, 2024, another Bill was introduced in California that could have significant implications on certain health care transactions. As proposed by Assembly Speaker pro Tempore Jim Wood, Assembly Bill 3129 (“AB-3129” or…more

Acquisition Agreements, Health Care Providers, Healthcare, Healthcare Facilities, Hedge Funds

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Proposed Rules for the Illinois Equal Pay Act Create More Obligations and Confusion for Employers

As discussed in our previous alert, the Illinois legislature amended the State's Equal Pay Act to require businesses with more than 100 employees to obtain an Equal Pay Registration Certificate (“Registration Certificate”) from…more

Comment Period, Employer Liability Issues, Equal Pay, Pay Equity Laws, Pay Gap

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Introduction to AI and Current Hot Topics

Everyone seems to be talking about AI these days. There is no shortage of news stories about new advances in AI technology, the latest missteps of people using “bad” information generated from AI technology, and conjecture about…more

Algorithms, Artificial Intelligence, Bias, Infringement, Innovative Technology

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Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

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The New Florida Directed Trust Act

Florida recently enacted its version of the Uniform Directed Trust Act, which authorizes someone other than the Trustee (referred to as a Trust Director) to direct the Trustee to act or not to act. Florida is 1 of 15 states to…more

Fiduciary Duty, Florida, Investment Management, New Legislation, Trustees

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Diving into the Washington My Health My Data Act - Part Ten: Operational Realities and Next Steps

This is Part Ten in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Security

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Illinois Proposes Licensure for Pharmacists-in-Charge of Nonresident Pharmacies

Illinois has joined other states in efforts to require licensure for individuals located outside of the state. In the December 15, 2023 Register, the Illinois Department of Financial and Professional Regulation (“IDFPR”)…more

Illinois, Life Sciences, Pharmaceutical Industry, Pharmacies

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2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

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Introduction to AI and Current Hot Topics

Everyone seems to be talking about AI these days. There is no shortage of news stories about new advances in AI technology, the latest missteps of people using “bad” information generated from AI technology, and conjecture about…more

Algorithms, Artificial Intelligence, Bias, Infringement, Innovative Technology

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The Revised Title IX Regulations are Finally Here: What Has Changed and What to Do Next

On April 19, 2024, the U.S. Department of Education released the unofficial version of the final revisions to the Title IX of the Education Amendments of 1972 (Title IX) regulations, several months ahead of the late summer 2024…more

Department of Education, Employees, LGBTQ, New Regulations, Sex Discrimination

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Illinois Regulators Take First Steps to Implement Illinois’ Recently-Enacted, Wide-Ranging Energy Legislation

This is the second in a series of Quarles & Brady client alerts concerning the approximately 1,000-page Illinois omnibus energy legislation commonly referred to as The Climate and Equitable Jobs Act (CEJA)…more

Carbon Emissions, Clean Energy, Clean Power Plan, Climate Action Plan, Climate Change

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Using Text Messages for Marketing? Proceed with Caution in Florida

Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a tumultuous…more

Advertising, Auto-Dialed Calls, Florida, Marketing, Marketing Perspectives

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Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Employees

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Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

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Appellate Court Dismissal on Suit regarding Life-Prolonging Care

On August 20, 2023, an Indiana Appellate Court dismissed a suit regarding allegedly negligent life-prolonging care rendered to a nonagenarian patient, who could not herself consent. Plaintiff’s complaint alleged that the…more

Appellate Courts, Do Not Resuscitate (DNR), Health Care Providers, Healthcare, Healthcare Facilities

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Key Takeaways for Borrowers and Banks in the Wake of SVB and Signature Bank Failures

As outlined in our previous client alert relating to the current banking environment in the wake of SVB's failure and FDIC receivership, and notwithstanding the apparent stabilization of the banking industry and financial…more

Banking Crisis, Banks, Borrowers, Consumer Financial Products, Deposit Accounts

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National Labor Relations Board Will Scrutinize Employee Handbook Policies Under New Standard

The National Labor Relations Board (Board) on August 2, 2023 announced a new and intrusive standard for evaluating whether many commonplace work rules and employee employment handbook provisions actually violate the National…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations

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Privacy Priorities for 2024 (and Beyond)

The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon…more

Algorithms, Artificial Intelligence, Data Privacy, Data Processing Rules, Data Protection

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Supply Chain Survival Series: What is Breach of Contract (Article #12)

In previous articles, we’ve discussed how contracts are formed and what options may be available to you when it appears that your counterpart won’t perform its contractual obligations. Assuming your counterpart has failed to…more

Breach of Contract, Contract Terms, Installment Agreements, Supply Chain, Uniform Commercial Code (UCC)

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China Starts Registering Trademarks Filed for NFTs and Virtual Goods in the Metaverse

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and…more

China, Intellectual Property Protection, International Trademark Protection, Metaverse, Non-Fungible Tokens (NFTs)

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California’s Pre-Closing Health Care Transaction Review Regulations Take Effect: Where Did We Land?

In the final iteration of California’s Office of Health Care Affordability pre-closing health care transaction regulations, Health Care Entities that are party to a “material change transaction” closing on or after April 1, 2024…more

California, Corporate Restructuring, Corporate Sales Transactions, Healthcare, Healthcare Facilities

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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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