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One Portland Square
P.O. Box 586
Portland, ME 04112-0586, United States
Phone: (207) 774-4000
Fax: (207) 774-7499
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • Maine
  • Massachusetts
  • New York
  • Rhode Island
Number of Attorneys
100+ Attorneys

Proposed Regulations Regarding Long-Term, Part-Time Employees

Newly issued IRS Proposed Regulations regarding the special eligibility and vesting requirements for long-term, part-time employees provide guidance that 401(k) plan sponsors have been waiting for since these requirements were…more

401k, Defined Contribution Plans, Employee Benefits, Employees, Employer Liability Issues

See all updates »

Updated Postings for Maine Employers

Employers in the State of Maine with fifty (50) or more employees should be mindful that the Maine Bureau of Labor has updated its poster for Veterans Benefits and Services..…more

Employees, Employer Liability Issues, Labor Regulations, State and Local Government, State Labor Laws

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Future of Non-Competes: Insights into Executive Order Promoting Competition in the American Economy

President Biden’s June 9th Executive Order (EO) on Promoting Competition in the American Economy touches on a handful of potential measures and initiatives aimed at promoting competition throughout the U.S. workforce. Section…more

Biden Administration, Competition, Employment Contract, Executive Orders, Federal Trade Commission (FTC)

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Newsflash: Rockweed Not a Fish

In this episode of Verrill Voices, environmental attorneys Gordon Smith and Scott Anderson discuss how private property rights could save the world, or at least the coast of Maine, when the fate of ecologically vital rockweed…more

Land Owners, Land Use Restrictions, ME Supreme Court, Private Property, Property Owners

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Is a Benefit Corporation Right for You?

The “benefit corporation” is a relatively new type of business entity. In 2010, Maryland became the first state in the U.S. to enact a statute recognizing and providing for the organization of this form of entity. In September,…more

Benefit Corporations, Board of Directors, Corporate Entities, Corporate Governance, New Legislation

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2023 Estate Planning Update

This alert from Verrill’s Private Clients & Fiduciary Services Group highlights the latest changes to the income tax and transfer tax landscape. The alert addresses the SECURE ACT 2.0, federal and state transfer tax updates for…more

Charitable Donations, Employee Benefits, Estate Tax, Gift Tax, Income Taxes

See all updates »

The Massachusetts Supreme Judicial Court Clarifies the Contours of the Attorney-Client Privilege and Work Product Doctrine in Internal Investigations

In Attorney General v. Facebook, Inc., No. SJC-12496 (March 24, 2021),[i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to…more

Attorney General, Attorney-Client Privilege, Facebook, Internal Investigations, State and Local Government

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Telehealth and the Evolving Landscape of Medicare Requirements

Telehealth is an important and growing part of healthcare delivery that a wide range of patients and healthcare providers have come to rely on for access to care and continuity of treatment. Telehealth took on an especially…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Healthcare, Healthcare Reform, Legislative Agendas

See all updates »

The PPP Litigation Wave Is Coming: Anticipated “Qui Tam” Lawsuits Under the False Claims Act

Many businesses and other borrowers, such as nonprofit organizations, that received Paycheck Protection Program (PPP) loans are now several weeks into disbursing their PPP loans for payroll, mortgage or lease payments, and…more

Borrowers, CARES Act, Certificate of Need, False Claims Act (FCA), Financial Stimulus

See all updates »

Retirement Plans: What Categories of Employees may be Excluded?

We are often asked about the permissibility of excluding certain categories of employees from participating in an employer’s tax-qualified retirement plan. This post provides a high-level summary of what is and is not permitted…more

401k, Benefit Plan Sponsors, Employee Benefits, Employees, Employer Liability Issues

See all updates »

2023 Massachusetts Tax Update

Massachusetts Estate Tax: For decedents dying on or after January 1, 2023, there is no Massachusetts estate tax for an estate under $2,000,000. The law does not adjust the filing threshold so state tax returns may still be…more

Business Taxes, Estate Planning, Estate Tax, Estate-Tax Exemption, Income Taxes

See all updates »

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared…more

Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation, Hiring & Firing

See all updates »

Navigating Change: DEP proposes revisions to Maine Metallic Mineral Mining Rules and Administrative Procedures

On December 7, the Maine Board of Environmental Protection (BEP) voted to post to public comment amendments to two Department of Environmental (DEP) sets of rules. The first proposes changes to Chapter 200, Metallic Mineral…more

Administrative Procedure, Department of Environmental Protection, Environmental Policies, Mineral Extraction, Mining

See all updates »

Private Clients Group Client Alert

There have been a few important law and tax changes over the course of 2023 and we in the Private Clients Group here at Verrill wanted to make you aware of the recent changes, such as 1) new strict corporate reporting…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Estate Planning, Filing Deadlines

See all updates »

A ‘Healthy’ Approach to Possible Commercial Lease Defaults in the Age of Coronavirus (COVID-19)

As COVID-19 cases mount across the country, the inability to perform commercial lease obligations due to unforeseen circumstances has moved to the forefront. In contract-speak, unforeseen circumstances that lead to…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

Maine PUC Amends Small Generator Interconnection Procedures Rules (Chapter 324)

On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324)…more

Energy Sector, Legislative Agendas, Public Utilities Commission, Renewable Energy, Rulemaking Process

See all updates »

Conducting Reductions In Force (RIFs): 10 Practical Tips for Employers to Avoid Lawsuits

We recently have observed an increase in the number of employers conducting group layoffs or “RIFs” in order to cut costs because of the economic downturn. This trend may only worsen in the coming year. Employers must be aware…more

ADEA, Employee Retirement Income Security Act (ERISA), Employees, Employer Liability Issues, Layoffs

See all updates »

Cross-Plan Offsetting in Group Health Plans—The DOL Makes its Position Clear

Under Section 404 of ERISA, plan fiduciaries must act for the exclusive benefit of plan participants and beneficiaries and use plan assets only to provide benefits and defray reasonable expenses of administering the plan. In…more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

See all updates »

Pay Transparency Laws are on the Rise – What Employers Need to Know

Last week (November 1, 2022), New York City Local Law 59 came into effect. The law requires employers with four or more employees working in New York City (NYC) to publish salary ranges for every advertised job, promotion or…more

City of New York, Compensation, Good Faith, Pay Transparency, Wage and Hour

See all updates »

Say What You Mean, Mean What You Say…Gorelick v. Star Markets: A Study in Indemnity

Indemnity clauses in contracts are a valuable tool for allocating risk among the contracting parties, most often risk attendant to personal injury and property damage, and their effect can be far-reaching. Despite their…more

Appeals, Breach of Contract, Contract Disputes, Contract Terms, Indemnification Clauses

See all updates »

Maine PUC Amends Small Generator Interconnection Procedures Rules (Chapter 324)

On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324)…more

Energy Sector, Legislative Agendas, Public Utilities Commission, Renewable Energy, Rulemaking Process

See all updates »

EPA Issues Final National Drinking Water Standard for Six PFAS Compounds

On April 10, 2024, after receiving nearly 122,000 comments on the proposed rule, the United States Environmental Protection Agency (“EPA”) announced its final National Primary Drinking Water Regulation (“NPDWR”) for six…more

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

See all updates »

House Democrats Propose Estate and Gift Tax Law Changes: Important Estate Planning Implications

What you need to know: On September 13, 2021, the House Ways and Means Committee released its proposed tax plan to fund President Biden’s $3.5 trillion “Build Back Better” social and economic spending package. If enacted as…more

Biden Administration, Capital Gains, Estate Planning, Estate Tax, Gift Tax

See all updates »

Maine PUC Amends Small Generator Interconnection Procedures Rules (Chapter 324)

On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324)…more

Energy Sector, Legislative Agendas, Public Utilities Commission, Renewable Energy, Rulemaking Process

See all updates »

“If I’ve told you once, I’ve told you eight times…” HHS OIG Issues Another Audit Report on Hospitals’ Failure to Report Credits for Explanted Cardiac Devices and Lays the Groundwork Collection of Overpayments

Each year, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issues dozens of audit reports. While each is important in its own way, some stand out with language that appears to reflect…more

Audit Reports, Department of Health and Human Services (HHS), Enforcement Actions, Medical Devices, OIG

See all updates »

Don’t Wait – CMS Expects Hospitals to Take Action on Informed Consent for Certain Exams and Procedures

Hospitals should not delay in reviewing and revising their surgical informed consent forms and policies. On April 1, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued new guidance regarding informed consent for…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Reform

See all updates »

Opportunity Fund Investors Prepare to Zone-In

Treasury Provides Additional Clarity on Opportunity Zones by Issuing Second Round of Proposed Regulations - On April 17, 2019, the U.S. Department of the Treasury issued its second set of proposed regulations (the “New…more

Anti-Abuse Rule, Business Operations, Capital Gains, Capital Gains Tax, Commercial Leases

See all updates »

Constitutional Challenge to the CTA

Recent Development - On March 1, 2024, a federal court in Alabama ruled that the Corporate Transparency Act violates the U.S. Constitution and is unenforceable on its face. The decision (NSBU v. Yellen) is highly technical,…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, Regulatory Requirements

See all updates »

2023 Estate Planning Update

This alert from Verrill’s Private Clients & Fiduciary Services Group highlights the latest changes to the income tax and transfer tax landscape. The alert addresses the SECURE ACT 2.0, federal and state transfer tax updates for…more

Charitable Donations, Employee Benefits, Estate Tax, Gift Tax, Income Taxes

See all updates »

New Rules for Apprentices on Energy Projects Come with Uncertainty for Contractors and Developers

On January 1, 2021, a new law went into effect setting benchmarks for use of apprentices on energy generation facility construction projects. Enacted in 2019, the law was part of “An Act to Establish a Green New Deal for Maine”…more

Apprenticeships, Construction Project, Contractors, Energy Projects, Energy Sector

See all updates »

Safe Harbor Exception for De Minimis Dollar Amount Reporting Errors

As part of the routine administration of employee benefit plans, shortly after the end of a calendar year, many transactions must be reported to the federal government (“information returns”) and participants (“payee…more

Employee Benefits, Filing Requirements, Internal Revenue Code (IRC), IRS, Reporting Requirements

See all updates »

The SBA Paycheck Protection Program: An Overview

Good news, bad news. The good news is that the new Paycheck Protection Program (PPP) loans through the Small Business Administration (SBA) look like they will provide a much needed lifeline for small businesses of every stripe,…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, SBA

See all updates »

What Commercial Landlords Need to Know About Massachusetts Moratorium on Evictions and Foreclosures

On April 20, Massachusetts enacted a moratorium on evictions and foreclosures during the COVID-19 emergency (House, No. 4647). While the Act addresses residential tenants and residential foreclosures as well as commercial…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

ACA Compliance When Employees Move from Full-Time to Part-Time Mid-Year

We are well into the Affordable Care Act (“ACA”) information reporting season. Forms 1095-B/1095-C must be provided to employees by March 1, 2024, and the deadline for electronic transmittal of Forms 1094-B/1094-C to the IRS is…more

Affordable Care Act, Employee Benefits, Employees, Employer Liability Issues, Full-Time Employees

See all updates »

Wait Before You Sue – Supreme Court Rules Copyright Registration Must Be Approved Before Filing Infringement Suit

If you come across your photos, videos, music, or other creative content being used without your permission, you’ll need to wait in order to sue for infringement. On Monday, March 4, 2019, the Supreme Court unanimously ruled in…more

Appeals, Copyright, Copyright Exhaustion, Copyright Infringement, Copyright Registration

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Seeking Foreign Investments? New Law Says You May Have to Wait

Unbeknownst to many, a wrench has been thrown into the funding plans of many U.S. startups and other growing U.S. companies by virtue of President Trump’s enactment of the Foreign Investment Risk Review Modernization Act of 2018…more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, Export Controls, Federal Pilot Programs

See all updates »

Disgorgement Upon Insolvency: Continuing Uncertainty

Litigation and Trial attorneys Nate Hull and Stephen Segal authored an article entitled "Disgorgement Upon Insolvency: Continuing Uncertainty." Nate and Stephen discuss the various approaches taken by bankruptcy courts when…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Disgorgement, Distribution Rules

See all updates »

Why Is There No IRS Correction Program for Non-Governmental 457(b) Plans?

This post examines excess deferrals under non-governmental 457(b) plans, including the approved method for correcting them and the penalty for failing to correct them, to make the case for a change in IRS policy on correcting…more

457(b) Plans, Deferred Compensation, Defined Benefit Plans, Employee Benefits, Employees

See all updates »

Maine PUC Amends Small Generator Interconnection Procedures Rules (Chapter 324)

On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324)…more

Energy Sector, Legislative Agendas, Public Utilities Commission, Renewable Energy, Rulemaking Process

See all updates »

No Longer a Walk in The Park - Entity Formation Under the Corporate Transparency Act (Updated)

Presently, forming a corporation, LLC or other entity in the U.S. can be done on a largely anonymous basis, without naming its owners and with only limited disclosures about managers, officers and directors. Under the Corporate…more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, Doing Business

See all updates »

Key Takeaways for Maine Employers from DOL Final Rule Increasing Salary Thresholds for Exempt Employees

The U.S. Department of Labor recently issued a final rule that would increase the required salary thresholds for employees to be exempt from overtime requirements under the Fair Labor Standards Act (FLSA). The increases to…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Putting the "CA" in Cause Marketing

We have previously warned you about the new California law (AB 488) concerning registration for many types of online cause marketing programs. On March 26, 2024, CA finally issued final regulations to its AB 488 (California…more

Advertising, Cause Marketing, Charitable Donations, Charitable Sales Promotion, Fees

See all updates »

Massachusetts Attorney General Artificial Intelligence Guidance: What Healthcare Providers and Health IT Developers Need to Know

With the explosion of Artificial Intelligence (AI) use and application, the Massachusetts Attorney General’s recent release of AI guidelines should serve as a reminder to healthcare providers and health IT developers of the…more

Artificial Intelligence, Consumer Protection Laws, Data Privacy, Health Care Providers, Health Information Technologies

See all updates »

Maine, New Hampshire, & Vermont Remain DOJ Health Care Enforcement Priorities: Targeted Federal Enforcement Presents Serious Risk

The United States Department of Justice (DOJ) has recently emphasized that Maine, New Hampshire, and Vermont are priorities for health care investigations and anticipated significant enforcement. Even well-managed (and…more

DEA, Department of Justice (DOJ), Drug Distribution, Enforcement Actions, Healthcare

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Private Clients Group Client Alert

There have been a few important law and tax changes over the course of 2023 and we in the Private Clients Group here at Verrill wanted to make you aware of the recent changes, such as 1) new strict corporate reporting…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Estate Planning, Filing Deadlines

See all updates »

State Trademark Registration

The United States has two levels of trademark registration: state and federal. A state trademark registration is issued by a state office and protects a trademark only in that state, whereas a federal trademark is issued by the…more

Federal v State Law Application, State and Local Government, Trademark Licenses, Trademark Registration, Trademarks

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Health and Welfare Benefit Plan Fiduciary Governance in the Wake of the Johnson & Johnson Lawsuit

For the past few years, we have encouraged plan sponsors to focus on matters of fiduciary governance for their health and welfare benefit plans (see our 2021 blog post). Yet many plan sponsors overlook the fact that the…more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

See all updates »

SECURE 2.0 Provisions with 2024 Implementation Dates

This post summarizes provisions of SECURE 2.0 that retirement plans may need or want to implement for 2024. While no amendments are required for plans heading into 2024, plan operations may see some updates, especially if the…more

401k, Benefit Plan Sponsors, Defined Contribution Plans, Employee Benefits, Pension Reform

See all updates »

2023 Massachusetts Tax Update

Massachusetts Estate Tax: For decedents dying on or after January 1, 2023, there is no Massachusetts estate tax for an estate under $2,000,000. The law does not adjust the filing threshold so state tax returns may still be…more

Business Taxes, Estate Planning, Estate Tax, Estate-Tax Exemption, Income Taxes

See all updates »

IRS Issues Practical Guidance for Implementing SECURE 2.0 Provisions

The Internal Revenue Service gave retirement plan sponsors end-of-the-year gifts by providing guidance under twelve sections of the SECURE 2.0 Act of 2022 (“SECURE 2.0”). Although Notice 2024-2, released December 20, 2023 (the…more

401k, 403(b) Plans, Automatic Enrollment, Compensation & Benefits, Corporate Counsel

See all updates »

RxDC Reporting in Light of June 1, 2024 Deadline and Recent PBM Litigation

Under the Consolidated Appropriations Act of 2021 (“CAA”), employer-sponsored group health plans, including medical-only plans, must submit information about their prescription drugs and health care spending. This submission is…more

Consolidated Appropriations Act (CAA), Data Collection, Employee Benefits, Employer Group Health Plans, Filing Deadlines

See all updates »

What You Need to Know Before Opening Your Outdoor Tasting Room

As part of Maine’s phased reopening of its economy, breweries, distilleries, and wineries without restaurant licenses were deemed bars. As a result, in guidance issued by Maine’s Bureau of Alcoholic Beverages and Lottery…more

Breweries, Coronavirus/COVID-19, Distilleries, Governor Mills, Re-Opening Guidelines

See all updates »

Massachusetts Legislation, Regulations, and Programs Regarding COVID-19 Emergency

On March 24th, the Governor filed legislation to make temporary changes to Massachusetts’ laws and regulations covering a wide range of public and private enterprises to remain in effect during the Covid-19 emergency including…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, State and Local Government

See all updates »

New Massachusetts Noncompetition Act: What Employers Need To Know

Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1, 2018…more

Breach of Contract, Compensation, Employer Liability Issues, Employment Contract, Enforcement

See all updates »

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit…more

Acquisitions, Anti-Competitive, Competition, Corporate Counsel, Employee Benefits

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Finding Teeth in Massachusetts' Prompt Payment Act

In Tocci v. IRIV Partners, LLC, Boston Harbor Industrial Development LLC and Hudson Insurance Co. (November 19, 2020, Sup. Ct. 19-405), the Massachusetts Superior Court granted summary judgment on a contractor’s breach of…more

Breach of Contract, Contract Terms, Contractors, Prompt Payment, Subcontractors

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Time to Update Your Handbooks

Employers – a recent decision by an administrative agency you have likely never heard of will likely require you to revise your employment policies and handbooks. Some background: the National Labor Relations Act is a federal…more

Employee Handbooks, Employer Liability Issues, Employment Policies, Human Resources Professionals, NLRA

See all updates »

2023 Estate Planning Update

This alert from Verrill’s Private Clients & Fiduciary Services Group highlights the latest changes to the income tax and transfer tax landscape. The alert addresses the SECURE ACT 2.0, federal and state transfer tax updates for…more

Charitable Donations, Employee Benefits, Estate Tax, Gift Tax, Income Taxes

See all updates »

Massachusetts Final Budget: MassHealth Gains Greater Authority to Negotiate Supplemental Rebates with Pharmaceutical Companies

On July 31, 2019, Governor Charlie Baker signed a $43.3 billion fiscal year 2020 budget (“General Appropriations Act”). Originating from the Conference Committee’s budget, the General Appropriations Act accounts for any vetoes…more

Budget Cuts, General Appropriation Funds, Governor Baker, Legislative Agendas, Pharmaceutical Industry

See all updates »

Massachusetts Attorney General Artificial Intelligence Guidance: What Healthcare Providers and Health IT Developers Need to Know

With the explosion of Artificial Intelligence (AI) use and application, the Massachusetts Attorney General’s recent release of AI guidelines should serve as a reminder to healthcare providers and health IT developers of the…more

Artificial Intelligence, Consumer Protection Laws, Data Privacy, Health Care Providers, Health Information Technologies

See all updates »

New Rules for Apprentices on Energy Projects Come with Uncertainty for Contractors and Developers

On January 1, 2021, a new law went into effect setting benchmarks for use of apprentices on energy generation facility construction projects. Enacted in 2019, the law was part of “An Act to Establish a Green New Deal for Maine”…more

Apprenticeships, Construction Project, Contractors, Energy Projects, Energy Sector

See all updates »

Role of In-House Counsel in Managing a Crisis or Internal Investigation, Pandemic or Employment Claim (Presentation)

[co-author: Clara McConnell, Maine Street Solutions] - On April 29, 2020, Verrill's Doug Currier, Mike Saxl, Calvin Woo, and Clara McConnell presented a webinar, "Role of In-House Counsel in Managing a Crisis or Internal…more

Confidentiality Policies, Coronavirus/COVID-19, Crisis Management, Workplace Communication, Workplace Investigations

See all updates »

Disgorgement Upon Insolvency: Continuing Uncertainty

Litigation and Trial attorneys Nate Hull and Stephen Segal authored an article entitled "Disgorgement Upon Insolvency: Continuing Uncertainty." Nate and Stephen discuss the various approaches taken by bankruptcy courts when…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Disgorgement, Distribution Rules

See all updates »

Due to COVID-19, Federal Agencies Relax Requirements Regarding the Provision of Telehealth Services

In the past few days, in an effort to help keep Medicare beneficiaries healthy during the COVID-19 pandemic, key federal agencies within the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Medicare

See all updates »

Connecticut Supreme Court Rejects Tough Delaware Standard in Allowing Member Inspections of Manager-Managed LLC Books and Records – Or Does It?

Before allowing the inspection of corporate books and records, Delaware courts require a shareholder seeking information about possible mismanagement to come forward with evidence demonstrating a reasonable basis to suspect…more

Business Litigation, Corporate Records, Limited Liability Company (LLC), Operating Agreements, Shareholders

See all updates »

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared…more

Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation, Hiring & Firing

See all updates »

Intertidal Court Victory for Property Rights, Marine Conservation, and Public Participation

The Maine Superior Court has dismissed all claims against five intertidal landowners represented by Verrill in Masucci v. Judy’s Moody, LLC. The landowners had been sued because they contacted Maine Marine Patrol to report the…more

Endangered Species, Environmental Litigation, Inland Waterways, Marine Life Protections, MI Supreme Court

See all updates »

Hospitals Win 340B Medicare Rate Cut Suit, But When, How, and How Much They Will Recoup Remains Unclear

In a recent unanimous decision, the Supreme Court found that the Centers for Medicare and Medicaid Services (“CMS”), part of the federal Department of Health and Human Services (“HHS”), erred when it significantly reduced 2018…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, Hospitals

See all updates »

EPA Issues Final National Drinking Water Standard for Six PFAS Compounds

On April 10, 2024, after receiving nearly 122,000 comments on the proposed rule, the United States Environmental Protection Agency (“EPA”) announced its final National Primary Drinking Water Regulation (“NPDWR”) for six…more

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

See all updates »

Department of Labor Releases Final Independent Contractor Status Rule

On Tuesday January 9, 2024, the Department of Labor (DOL) published its final rule setting forth how worker classification (i.e., whether a worker is an employee or independent contractor) will be determined by the agency under…more

Department of Labor (DOL), Employee Definition, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

See all updates »

Role of In-House Counsel in Managing a Crisis or Internal Investigation, Pandemic or Employment Claim (Presentation)

[co-author: Clara McConnell, Maine Street Solutions] - On April 29, 2020, Verrill's Doug Currier, Mike Saxl, Calvin Woo, and Clara McConnell presented a webinar, "Role of In-House Counsel in Managing a Crisis or Internal…more

Confidentiality Policies, Coronavirus/COVID-19, Crisis Management, Workplace Communication, Workplace Investigations

See all updates »

Massachusetts Legislation, Regulations, and Programs Regarding COVID-19 Emergency

On March 24th, the Governor filed legislation to make temporary changes to Massachusetts’ laws and regulations covering a wide range of public and private enterprises to remain in effect during the Covid-19 emergency including…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, State and Local Government

See all updates »

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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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