Amundsen Davis LLC

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150 North Michigan Avenue
Suite 3300
Chicago, IL 60601, United States
Phone: 312.894.3200
Fax: 312.894.3210
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Illinois
  • Indiana
  • Missouri
  • Ohio
  • Wisconsin
Number of Attorneys
200+ Attorneys

Federal Motor Carrier Safety Administration (FMCSA) Holding CMV Drivers Accountable

Big changes are in store for commercial driver’s license (CDL) holders who test positive for drugs or alcohol. In October 2021, FMCSA issued a final rule aimed to improve highway safety. Under the rule, CDL holders with drug…more

Alcohol Testing, Commercial Driving Licenses, Drug Testing, FMCSA, Ford Motor

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The Impact of Cook County’s Increase in Referrals to the Law Division Mandatory Arbitration Program

The significant increase in Cook County law division cases referred to the mandatory arbitration program in 2024 may have a surprisingly positive impact on the transportation industry. With verdicts on the rise, the arbitration…more

Arbitration Awards, Bodily Injury, Commercial Litigation, Legal Fees, Mandatory Arbitration

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Green Growth and Labor Harmony: Navigating Labor Peace Agreements in the Booming Cannabis Industry

As legalization of cannabis has spread, profits have grown in the 25 states that allow for the retail sale of cannabis for recreational use, and labor unions have found great opportunity for getting a lift from the cannabis…more

Decriminalization of Marijuana, Labor Relations, Lobbying, Marijuana, Marijuana Related Businesses

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Don’t Gamble With Your Cybersecurity and Incident Response Plan: Lessons Learned from the Las Vegas Ransomware Attacks

Typically, we beat the drum of the need to prepare for a data incident—anything from a full-blown ransomware attack to an employee accidently sharing data with the wrong person—by having your Incident Response Plan developed and…more

ATMs, Casinos, Cyber Attacks, Cyber Crimes, Cybersecurity

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Chicago’s City Council Passes the “One Fair Wage Ordinance” Eliminating the Tip Credit for Tipped Employees by July 1, 2028

On Friday, October 6, 2023, Reservation sign on tableChicago’s City Council passed the “One Fair Wage” Ordinance (“Ordinance”), which gradually phases out Chicago’s “tip credit” over a five-year period until it is completely…more

City of Chicago, Local Ordinance, Minimum Wage, Restaurant Industry, Tip Credit

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Best Business Practices to Prevent or Reduce the Risk of Wire Transfer Fraud

Cyber fraud has been around as long as the internet itself, but cyber criminals are more sophisticated than ever. While any experienced email user can spot a phony “Nigerian Prince” a mile away, even the most vigilant businesses…more

Bad Actors, Business E-Mail Compromise (BEC), Cyber Crimes, Employee Training, Fraud

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Patience Required: New Federal Court Opinion On The Application Of COVID-19 Immunities

We are all aware of the Illinois Immunity Orders put in place to provide protections for health care providers related to care and treatment of patients during the COVID-19 pandemic. A recent federal court opinion suggests that…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Evidence, Executive Orders, Governor Pritzker

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Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is where…more

Contract Terms, Illinois, Investment, Litigation Funding, Settlement

See all updates »

Best Practices to Protect Your Intellectual Property When an Employee Leaves the Company

The current employment market is placing incredible stress on businesses, many of which are struggling to find enough employees to simply cover shifts. Pay increases and higher recruiting costs, consequently, continue to rise…more

Copyright, Intellectual Property Protection, Labor Shortage, Misappropriation, Non-Disclosure Agreement

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Proper Pronouns, Bathrooms & Misgendering: What HR Needs to Know

On April 29, 2024,Harassment the U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance on Harassment in the Workplace, which goes into effect immediately. For the past five years, over one-third of…more

Equal Employment Opportunity Commission (EEOC), Gender Identity, Pregnant Workers Fairness Act, Sexual Orientation, Title VII

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Illinois Executive Order Allows Testing Of Autonomous Vehicles

On October 25, 2018, Governor Bruce Rauner signed an executive order allowing for the testing of autonomous vehicles in Illinois. Illinois joins Arizona, California and Pennsylvania, which are currently testing autonomous…more

Automotive Industry, Connected Cars, Driverless Cars, State and Local Government, Technology Sector

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What To Do about Brexit?

As U.S. businesses expand their world-wide sales and operations, they increasingly seek trademark and patent protection for their intellectual property assets in other jurisdictions outside the United States, including Europe…more

EU, European Union Trade Mark (EUTM), Intellectual Property Protection, Patents, Trademark Registration

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AI Under Attack Again for Copyright Infringement

On the heels of a class action lawsuit filed by visual artists against Stability AI and others, alleging copyright infringement by image-generating web sites, Getty Images (US) Inc. has filed its own lawsuit against Stability…more

Artificial Intelligence, Class Action, Copyright, Copyright Infringement, Damages

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Cryptocurrency And The Bipartisan Infrastructure Bill: Two Competing Amendments And Their Implications For The Crypto Industry

The long-awaited infrastructure bill took a new turn in recent days as a bipartisan group of senators filed an amendment which would clarify the cryptocurrency-related provisions buried in the legislation. Senators Ron Wyden…more

Brokers, Cryptocurrency, Digital Assets, Infrastructure, IRS

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BIPA’s Discretionary Damages in Practice: BNSF Gets Its Shot to Reduce a Historic $228 Million Judgement

The Illinois Biometric Privacy Act (BIPA) provides that a prevailing party “may” recover liquidated damages for a violation of the statute. Addressing the potential for “annihilative liability” in White Castle, the Illinois…more

Biometric Information Privacy Act, BNSF Railway, Class Action, IL Supreme Court, Liquidated Damages

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Steps To Take To Prepare For COVID Claims NOW

Over the past few months, COVID workers’ compensation claims and third-party lawsuits have been popping up around the country. Most recently – in Illinois – the family of a woman who died of complications related to COVID-19…more

Coronavirus/COVID-19, Failure to Accommodate, OSHA, Reporting Requirements, Third-Party Liability

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What the Corporate Transparency Act Means for Financial Institutions

With the advent of the federal Corporate Transparency Act (“CTA”) that begins on January 1, 2024, financial institutions will need to re-think their information and certification requirements for account and loan customers…more

CEOs, Corporate Transparency Act, FEIN, Financial Institutions, FinCEN

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Pre-Judgment Interest Law Takes Effect July 1, 2021

Just ahead of the long Memorial Day weekend, Illinois Governor Pritzker signed into law a bill that allows a plaintiff to recover 6% per annum prejudgment interest in any personal injury or wrongful death lawsuit pending or…more

Attorney's Fees, Bodily Injury, Damages, Governor Pritzker, New Legislation

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California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,…more

Appellate Courts, CA Supreme Court, Coronavirus/COVID-19, Infectious Diseases, Occupational Exposure

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Wisconsin Real Estate Property Taxes: Biennial Exemption Report Filing Deadline – March 31, 2024

The City of MilwaukeeHouse with Calculator (and various other municipalities) has sent its Biennial Property Tax Exemption Report and Filing Fee Notices. Owners of tax-exempt real property in Wisconsin must file a Form PC-220…more

Appraisal, Churches, Educational Institutions, Exemptions, Filing Fees

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[Webinar] The Biden Administration: What Businesses Need to Know - Tax Changes on the Horizon with the Biden Administration - April 14th, 12:00 pm - 1:30 pm CT

The Biden administration is signaling significant policy shifts. Business owners and C-Suite executives are encouraged to join us for a series of complimentary webcasts discussing these likely changes and how they will impact…more

401k, 403(b) Plans, 457(b) Plans, Biden Administration, C-Suite Executives

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Nursing Homes May Face First-Ever Federal Staffing Mandate

On September 1st the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule that would require nursing homes that participate in Medicare and Medicaid to comply with a first-ever federal staffing mandate. If…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Health Care Providers, Medicaid, Medicare

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Five Tips for Business Owners When Selling

If you are a business owner, with the mergers and acquisitions market continuing to be active, you may have decided it could be the right time to sell your most valuable asset – the company that you’ve spent years building. Now…more

Business Ownership, Business Strategies, Business Transfer Agreements, Due Diligence, Earnings Reports

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Liability Falls Out Of Favor For Aircraft Owners

There was a time when aircraft owners were a frequent target of accident litigation. Despite frequent assertion by the defense bar (including the author) of the reasons that mere ownership without more (such as improper…more

Aircraft, Airplane Accidents, Aviation Industry, Preemption

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Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,…more

Appellate Courts, Condemnation, Easements, Eminent Domain, IN Supreme Court

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Is Nothing Sacred? Cyberattacks May Impact Director and Officer Fiduciary Duties

MGM Resorts is the latest victim of a cyberattack occurring on September 10th, which has set back the gambling and leisure giant substantially, both in terms of business function and income. MGM is not alone. Household names…more

Casinos, Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity

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Defense Of COVID-19 Bodily Injury Litigation In Illinois

Should we expect bodily injury claims to be made and litigation to be filed in Illinois after “shelter in place orders” are lifted? Probably. It’s Illinois! With fewer car accidents and trip and falls happening during…more

Bodily Injury, Coronavirus/COVID-19, Insurance Claims, Premises Liability, Property Owners

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[Webinar] Independent Contractors in the Transportation Industry – Is Your Business Compliant? - May 15th, 10:00 am CT

The Department of Labor (DOL) recently published a final rule on independent contractor classification under the Fair Labor Standards Act (FLSA). Transportation and logistics companies using independent contractors for delivery…more

Delivery Drivers, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

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What the Show Succession Teaches Us About Planning for a Family Business

“I love you, but you are not serious people.” This is the curse that Logan Roy, the founder and business titan of Waystar RoyCo, intones to his three stunned children during a poignant family moment. The three siblings…more

Business Succession, Closely Held Businesses, Estate Planning, Family Businesses, Succession Planning

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FMCSA Extends COVID-19 Relief Measures Through May 2021

Federal Motor Carrier Administration (FMCSA) acting Administrator Meera Joshi has extended the Emergency Declaration offering regulatory relief to commercial motor carriers transporting essential supplies to May 31, 2021. This…more

Commercial Truck Drivers, Coronavirus/COVID-19, Department of Transportation (DOT), Driver's Licenses, Emergency Response

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FTC Votes to Ban Non-Compete Clauses: What Does this Mean for Employers?

The Federal Trade Commission (FTC) voted 3-2 on April 23 to issue its final noncompete rule. The Rule becomes effective in 120 days. However, it already has been challenged in federal court in the State of Texas, and more suits…more

Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Non-Disclosure Agreement

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What to Do if You Are Defamed on Social Media

Everyone is a little braver when hiding behind their keyboard. Words fly a little easier online where the speaker and target of the speech do not occupy the same physical space. The exponential echoes of manufactured gossip and…more

Anonymity, Cyber-Stalking, Data Preservation, Defamation, Demand Letter

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Private Requirements for Short-Term Rentals

Short-term rentals of property, including, rentals for as short of time as on an hourly basis, are increasing in frequency around the country. The character of a community can be dramatically altered by such rentals and cause…more

Disorderly Conduct, Homeowners, Homeowners Association (HOA), Maintenance, Property Owners

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A Major Step Towards Reform: The DEA Recommends Rescheduling Cannabis

In a recent historic announcement, the U.S. Drug Enforcement Administration has determined that cannabis, which is currently categorized as a Schedule I drug under the Controlled Substances Act (CSA), should be rescheduled to…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Disney's Icon Unleashed: Mickey Mouse & The Dual Dance of Copyright and Trademark Laws

Copyrights protect creative works. Trademarks protect indicators of source. Can a creative work also act as a trademark? Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a…more

Copyright, Copyright Expiration, Disney, Goods or Services, Public Domain

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Opt In/Out Deadline for New Wisconsin LLC Law is December 31, 2022

On January 1, 2023, Wisconsin’s new limited liability company (LLC) law goes into effect. The Wisconsin Uniform Limited Liability Company Law (WULLCL), created by 2021 Wis. Act 258 and signed by Governor Tony Evers on April 15,…more

Duty of Care, Duty of Loyalty, Governor Evers, Limited Liability Company (LLC), Operating Agreements

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Federal Antitrust Agencies Propose New Guidelines for Review of M&A Transactions

The Federal Trade Commission and Department of Justice recently proposed drafts of new Merger Guidelines for their review and approval of mergers and acquisitions, with the intent of responding to the realities of the modern…more

Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Horizontal Mergers

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Updated Employee Notice and Distribution Requirements for Illinois Employers and Staffing Agencies

Illinois employers need to be aware of additional notice and distribution requirements under the recently-signed House Bill 3733 (the “Bill”), which will become effective January 1, 2024 – particularly staffing agencies and…more

Distribution Rules, Illinois, Personnel Records, Remote Working, Staffing Agencies

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Silence is Not Always Golden: Land v. IU Credit Union

The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to amend their existing account agreements to…more

Addendums, Arbitration, Class Action, Credit Unions, Financial Institutions

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Terminations, Layoffs, and Separations – an Employer Refresher

There seems to be an almost daily litany of layoffs by large corporations that instantly become media fodder. For example, McDonald’s recent layoff, widely reported to have impacted hundreds of white collar employees, comes on…more

ADEA, COBRA, Equal Employment Opportunity Commission (EEOC), Layoffs, OWBPA

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New Bill Proposes Disclosure Requirements for Use of Copyrighted Materials In Generative AI Development

With generative AI on the rise, there have been growing concerns amongst copyright owners around the use of their materials in training such systems. AI systems will commonly use banks of content to "learn" how to best operate…more

Artificial Intelligence, Copyright, Disclosure, Disclosure Requirements, Intellectual Property Protection

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Access to Mental Health Care in Indiana: Diverting Some of Most Vulnerable From Criminal Legal System by Emergency Detention

During the 2023 legislative session, the Indiana General Assembly passed HEA 1006, which combines and modifies the emergency and immediate detention processes. The changes permit police and health care providers to seek…more

Arrest, Detention, Healthcare Facilities, Mental Health, Psychiatric Hospitals

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OSHA's Shift From Hard Hats to Safety Helmets Should Raise Concern for Employers

OSHA recently announced a significant change in its head protection policy, and is transitioning from traditional hard hats to safety helmets for its employees. This move is more than just an internal policy shift, and signals a…more

Health and Safety, New Regulations, OSHA, Workplace Safety

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[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management…more

Background Checks, Best Practices, Certifications, Conflict Resolution, Documentation

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[Webinar] Cancelling Cancel Culture: How to Safeguard Your Reputation - September 15th, 12:00 pm - 1:00 pm CT

With the prevalence of social media, online reviews and merciless labor organizations, companies and their executives are extremely vulnerable to bad publicity. Attacks and bad press can come for good reason or sometimes no…more

Online Reputation, Public Relations, Reputation Management, Reputational Injury, Webinars

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Forever Chemicals (PFAS) in Real Estate Transactions: Avoiding Forever Consequences

What are PFAS and What’s the Big Deal? PFAS, short for per- and poly-fluoroalkyls substances are man-made chemicals used to make hundreds of products for home and industry use, ranging from stain proofing and waterproofing to…more

ASTM, Commercial Real Estate Contracts, Contamination, Environmental Remediation Costs, PFAS

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The New Final Rule Regarding Crane Operator Qualification

On November 9, 2018, OSHA published in the Federal Register the new Final Rule (link found below) regarding the qualification requirements for crane operators. Key dates to be aware of are:…more

Certifications, Construction Cranes, Construction Industry, Operators, OSHA

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Contractual Considerations for Short-Term Rentals

Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future…more

Common Areas, Contract Terms, Leases, Property Owners, Short-Term Lease

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CMS Issues Telehealth Toolkit

On April 23, 2020 the Centers for Medicare & Medicaid Services (CMS) issued a “toolkit” intended to help accelerate the adoption of broader telehealth coverage policies in Medicaid and Children’s Health Insurance Programs…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Medicaid, Telehealth

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California’s Supreme Court Makes It Harder For Employees to Recover Penalties In Wage Statement Claims

On May 6, 2024, California LawCalifornia’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it…more

CA Supreme Court, Good Faith, Intent, State Labor Laws, Unpaid Wages

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Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is where…more

Contract Terms, Illinois, Investment, Litigation Funding, Settlement

See all updates »

Tick Tock: Election to Opt-Out of Wisconsin’s New “Creditor-Friendly” LP And LLC Acts Expire December 31, 2022

Effective January 1, 2023, Wisconsin will arguably become a more creditor-friendly state for judgment creditors of an LP partner or LLC member by virtue of the additional rights afforded a judgment creditor under Chapters 179…more

Charging Orders, Creditors, Limited Liability Company (LLC), LLC Act, Opt-Outs

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[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management…more

Background Checks, Best Practices, Certifications, Conflict Resolution, Documentation

See all updates »

Rule Changes Under the Trademark Modernization Act

Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to…more

Expungement, Injunctive Relief, Irreparable Harm, Patent Re-Examination, Protests

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Preemption of Negligent Hiring Claims Against a Freight Broker Upheld by 7th Circuit

In an important decision for freight brokers, the Seventh Circuit Court of Appeals recently issued a ruling in Ye v. GlobalTranz Enterprises, Inc., No. 22-1805 (7th Cir. July 18, 2023), which held that a plaintiff’s claim for…more

Common Law Claims, Common Law Torts, Exceptions, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Motor Carriers

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What’s In A Name? When Is A Farmer A Family Farmer Under The Bankruptcy Code?

The United States Bankruptcy Code contains a special bankruptcy chapter for family farmers with regular income. Chapter 12 of the Bankruptcy Code allows family farmers to reorganize in a preferred way. For example, a family…more

Agribusiness, Agricultural Sector, Bankruptcy Code, Chapter 11, Chapter 12

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[Webinar] Managing New Legal Mandates for Multi-State Employers - June 11th, 10:00 am CT

It’s not usual for companies to have employees working in multiple states, especially if they hire remote workers. However, managing a workforce that is spread out over multiple locations can be challenging. Join Sara Zorich,…more

Corporate Transparency Act, E-Verify, Employee Benefits, Employee Tracking, Employer Liability Issues

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Backyard Event Rentals: Problems Posed for Homeowner Associations

Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for…more

Common Areas, Events, Homeowners Association (HOA), Liability, Property Damage

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Trucking Industry Take Note: The Debate Over Side Underride Guards Pushes On

Over the past few decades, legislators have been increasing their efforts to require the installation of underride guards to reduce the number of deaths and serious injuries occurring when light duty vehicles collide with large…more

Automotive Industry, Car Accident, Department of Transportation (DOT), NHTSA

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Is it Time to Update Your Estate Plan?

Things change; a periodic review of your estate plan is an important part of plan maintenance. Your basic estate plan (will, trust, powers of attorney, etc.) can be amended whenever necessary. It’s important to consider your…more

Advance Health Care Directive, Asset Management, Beneficiaries, Estate Planning, Fiduciary Duty

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UAS Integration Program - Up And Running

President Trump's administration has announced the creation of a new Integration Pilot Program. According to the president, “Our nation will move faster, fly higher, and soar proudly toward the next great chapter of American…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Part 107

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EEOC Issues New Guidance on COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) - the federal agency responsible for enforcing anti-discrimination laws - issued new guidance on when employers may require employees to screen/test employees…more

ADEA, Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC)

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H-1B Travelers to Save Time, Money, and Heartache with Stateside Visa Renewal Pilot Program, Starting January 29

For H-1B visa holders, the logistics of traveling home for a wedding can be almost as challenging to plan as the wedding. A man who traveled to India for a wedding had to remain there for weeks to get a visa to return to the…more

H-1B, Immigration Procedures, Pilot Programs, Registration Fees, Renewal Options

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Missouri Says "Yes" To Medical Marijuana - What To Know Now

While the official tally is not yet in, it became clear late Tuesday night that Missouri voters have chosen to legalize medical marijuana in their state. Missouri citizens voted to adopt Amendment 2, or the New Approach…more

Ballots, Business Formation, Decriminalization of Marijuana, General Elections, Medical Marijuana

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Keeping an Eye on PHI: OCR Guidance Concerning Permissible Disclosures of Reproductive Health PHI following Dobbs

On June 29, 2022, the U.S. Department of Health and Services’ Office for Civil Rights (OCR) issued guidance for healthcare providers and patients concerning the privacy protections afforded to a patient’s health information…more

Abortion, Disclosure, Dobbs v. Jackson Women’s Health Organization, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Maintenance And Cure In The Time Of COVID-19

As cases of COVID-19 continue to surge across the country, employers are faced with an array of new risks and challenges. This is particularly true for marine companies that employ Jones Act seaman who are entitled to…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Jones Act

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Contractors Considered Essential Workers During Shelter-In-Place Orders

Across the country, various jurisdictions have issued orders requiring citizens to stay at home or at their place of residence unless an exemption applies. Roofing contractors and other businesses that utilize insurance funded…more

Contractors, Coronavirus/COVID-19, Health and Safety, Public Health, Shelter-In-Place

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Beyond the Diagnosis: Navigating Disability Accommodation in the Workplace - Insights from Wingra Redi-Mix v. LIRC

The Wisconsin Doctor writing on paper with stethoscope on tableFair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability and requires that employers reasonably accommodate…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employee Reassignment, Employer Liability Issues, Employment Policies

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Pregnant Workers Fairness Act: Top 5 Takeaways from the EEOC’s Final Regulations

On April 19, 2024, Pregnant Employeethe Equal Employment Opportunity Commission (EEOC) published the final rule and interpretive guidance for implementation of the Pregnant Workers Fairness Act (PWFA). The final rule becomes…more

Documentation, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

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Re-Classification Coming: NLRB Poised to Change the Test for Misclassification and Ramp Up Enforcement Efforts

On December 27, 2021, the NLRB entered a formal Notice and Invitation for briefing from the public to aid in its consideration of: (1) overturning the independent-contractor standard established in SuperShuttle DFW, Inc., 367…more

Classification, Department of Labor (DOL), Independent Contractors, NLRB

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[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management…more

Background Checks, Best Practices, Certifications, Conflict Resolution, Documentation

See all updates »

Forbearance Agreements: What Lenders Need to Know

After an Event of DefaultContract occurs, it is important to understand the options available to the Lender other than demanding repayment or simply waiving the default. A Forbearance Agreement allows the Lender to preserve,…more

Borrowers, Default, Forbearance Agreements, Lenders, Loan Documentation

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[Webinar] New Game Changing Law Impacting Illinois Temporary Staffing Agencies, Employees and User Clients - July 18th, 10:00 am - 11:00 am CT

Illinois temporary staffing agencies are already highly regulated under the Illinois Day and Temporary Labor Services Act. New legislation passed under House Bill 2862 goes leaps and bounds further in the regulation of temporary…more

Employee Benefits, Hiring & Firing, Illinois, New Legislation, Staffing Agencies

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[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management…more

Background Checks, Best Practices, Certifications, Conflict Resolution, Documentation

See all updates »

Illinois’ Genetic Information Privacy Act Litigation Trends and Why Employers Need to Pay Attention

The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various industries,…more

Biometric Information Privacy Act, Data Breach, Employer Liability Issues, Employment Discrimination, Genetic Materials

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Hospitals Beware: What to Expect During an EMTALA Investigation

The Centers for Medicare and Medicaid Services (CMS) has increasingly focused its efforts on investigating hospital emergency departments for potential violations of the Emergency Medical Treatment and Labor Act (EMTALA), which…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, EMTALA, Health Care Providers, Healthcare Facilities

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CMS’s Final Minimum Staffing Standard for Nursing Homes to Go into Effect on June 21

On April 22, 2024, Doctor using Ipadthe Centers for Medicare & Medicaid Services (CMS) finalized minimum staffing requirements for nursing homes that participate in Medicare and Medicaid. As we noted previously, the rule was…more

Centers for Medicare & Medicaid Services (CMS), Healthcare Workers, Nurses, Nursing Homes, Skilled Nursing Facility

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COVID -19 And Business Interruption Claims

As COVID-19 inflicts a disheartening human toll in the United States and throughout the world, officials balance science, politics and policy in determining appropriate responses to the health crisis and the immense economic…more

Business Closures, Business Disruption, Business Interruption, Coronavirus/COVID-19, Infectious Diseases

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FTC Announces Increases to Hart-Scott-Rodino Act Notification Thresholds and Filing Fees

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires premerger notifications to be filed for larger transactions in order to prevent monopolies and other anti-competitive effects. Unless an exemption applies,…more

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

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Invention Disclosure Form: Why Does It Matter?

One of the first things patent attorneys will do, when you speak with them about filing a patent application, is send you an invention disclosure form to be filled out. Many companies also complete invention disclosure forms as…more

Disclosure, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

The Risks of Using Chatbots in the Financial Industry and How to Foster Consumer Confidence

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NEW Illinois Law Limiting The Use Of Criminal Convictions: How It Impacts Hiring In The Transportation Industry

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Has Spring Finally Arrived for Indiana Financial Institutions and their Deposit Accounts?

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[Webinar] Managing New Legal Mandates for Multi-State Employers - June 11th, 10:00 am CT

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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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