Miles & Stockbridge P.C.

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100 Light Street
Baltimore, MD 21202, United States
Phone: 410.727.6464
Fax: 410.385.3700
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • 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
  • D.C.
  • Maryland
  • Virginia
Number of Attorneys
100+ Attorneys

What Contractors Can Do to Protect Themselves in the Event of a Government Shutdown

A version of this blog post was originally published in September and then published again in January. Funding for several federal agencies will run out Friday night, with funding for the remaining agencies expiring March 8, if…more

Federal Budget, Federal Contractors, Federal Funding, Government Shutdown, Strategic Planning

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Md. High Court to Defendants: Don’t Show Up Empty Handed When Using the “Empty Chair” Defense

The “empty chair” defense, where the defendant denies responsibility for the plaintiff’s injuries and blames a person absent from trial (i.e. the “empty chair”), can be extremely effective in tort actions. The Court of Appeals…more

Appeals, Defense Strategies, Discovery, Jury Trial, Litigation Strategies

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Infrastructure Investment and Jobs Act: Key Points

On November 15, 2021 (the “Effective Date”), President Biden signed into law the Infrastructure Investment and Jobs Act (the “Act”) to invest in our nation’s infrastructure and competitiveness. The federal government regularly…more

Biden Administration, Broadband, Carbon Capture and Sequestration, Climate Change, Community Development

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[Event] Hot Topics in Employment Law - April 11th, Linthicum Heights, MD

Please join us on April 11 for a half-day program and plenty of networking. Our annual Hot Topics in Employment Law Seminar brings together business owners and legal, C-Suite and human resource professionals to discuss the…more

Continuing Legal Education, Diversity, Employment Contract, Employment Policies, Events

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Recent GAO Decision Requires Continuous Registration in the System for Award Management for Government Contract Award Eligibility

Companies competing for federal contracting opportunities now have yet another reason to fear their proposals being rejected and their awards getting overturned…more

Bid Protests, Bid Solicitation, COFC, Federal Acquisition Regulations (FAR), Federal Contractors

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Where Does ESG-Related Disclosure Reporting Stand?

Our earlier blog post, “Companies Should Know Benefits and Risks of ESG Reporting,” provided an overview of the Environmental, Social and Governance (“ESG”) metrics, why these metrics are important to companies and shareholders,…more

Clean Air Act, Climate Change, Corporate Governance, Disclosure Requirements, Enforcement Priorities

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Foreclosures and Evictions during the Current COVID-19 Emergency

Many jurisdictions, including Maryland, the District of Columbia and Virginia, have faced court closures and other logistical issues surrounding the current COVID-19 emergency. This is in addition to proclamations and orders…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium

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SCOTUS Coinbase Decision Gives Leverage to Parties Enforcing Arbitration Agreements

Last week, the U.S. Supreme Court held that litigation before the district court must be halted when a party appeals a denial of a motion to compel arbitration. In Coinbase v. Bielski, the courtresolved a split among lower…more

Arbitration, Automatic Stay, Coinbase, Coinbase Inc v Bielski, Cryptocurrency

See all updates »

DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the…more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors, New Guidance

See all updates »

Upcoming USPTO Fee Increases

The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger changes…more

Filing Fees, Patent Applications, Patents, Trademark Application, Trademarks

See all updates »

FTC Announces Increased HSR Thresholds for 2024

The Federal Trade Commission (FTC) announced Jan. 22 annual revisions to the applicable thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). These revisions will apply to all…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

Force Majeure Clauses and Construction Contract Issues Related to COVID-19

A key tool in mitigating the risks due to unforeseen events is the force majeure clause contained in many commercial and other types of contracts. In various states, including Maryland, residential and commercial construction…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Impact of the FOIA Amendments on your Company

For those of you who have received a Freedom of Information Act (“FOIA”) notice from the U.S. Consumer Product Safety Commission (“CPSC” or “Commission”) within the past year, you may – or worse, may not – have noticed new…more

Consumer Complaint Database, Consumer Product Safety Commission (CPSC), Electronically Stored Information, FOIA, Manufacturers

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Montgomery County Impact Taxes to Increase Significantly July 1

The Montgomery County Department of Finance published the required biennial update of its development impact taxes for transportation and public school improvements on May 1. These taxes must be paid prior to the issuance of…more

Building Permits, Impact Fees, Local Taxes, Public Projects, Public Schools

See all updates »

Where States Stand on Medical Marijuana in the Workplace

A federal judge in Vermont last month ruled a plaintiff’s medical marijuana use was not protected by the Americans with Disabilities Act. In Skoric v. Marble Valley Regional Transit District et al., the plaintiff was fired by…more

Americans with Disabilities Act (ADA), Controlled Substances Act, Employment Discrimination, Employment Litigation, Employment Policies

See all updates »

The California Privacy Rights Act of 2020 Passed, Now What?

On November 3, 2020, California voters passed Ballot Proposition 24,The California Privacy Rights Act of 2020 (“CPRA”), significantly amending the State’s recently effective California Consumer Privacy Act (“CCPA”), which is now…more

Administrative Agencies, B2B Transactions, Ballot Measures, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA)

See all updates »

A Medical Provider’s Last Appeal: How to Respond to an HRSA Final Repayment Notice of Provider Relief Funds

The federal Provider Relief Fund (“PRF”) continues to render financial assistance to medical providers that offer diagnoses, testing or treatment of individuals with possible or actual cases of COVID-19. To date, the U.S…more

Administrative Review, Department of Health and Human Services (HHS), Health Care Providers, HRSA, Repayment Options

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Insurance Coverage for COVID-19 Losses: Take a Proactive Approach to Maximize Coverage

As the events surrounding the COVID-19 pandemic unfold, the insurance industry is bracing itself for the multitude of claims it will inevitably face. To maximize potential coverage, policyholders can and should act now to…more

Bodily Injury, Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Coronavirus/COVID-19

See all updates »

COVID-19: Divorce, Custody and Other Family Law Emergencies

In the sudden wake of COVID-19, courts across the United States and Europe are closing. Courts have taken steps to prevent the spread of the virus through closing to the public, postponing matters and extending deadlines. But…more

Child Abduction, Child Custody, Coronavirus/COVID-19, Divorce, Domestic Violence

See all updates »

Highlights from the Inaugural Hot Topics in Health Care Law

The Miles & Stockbridge Health Care Practice Group hosted its inaugural Hot Topics in Health Care Law seminar last month for clients from Maryland and beyond. Miles & Stockbridge health care lawyers kicked off the seminar with a…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), CMMI, Corporate Practice of Medicine, Data Breach

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Md. Comptroller Offers Relief for Missed 2023 PTE Elections

Maryland Comptroller Brooke Lierman issued a letter Feb. 28 to address the challenges and concerns of tax practitioners regarding the policy and procedural changes to pass-through entity (PTE) filings and payments. Most…more

Business Taxes, Comptroller, Filing Deadlines, Income Taxes, Pass-Through Entities

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[Event] Hot Topics in Health Care Law - January 25th, Baltimore, MD

Please join Miles & Stockbridge for our inaugural Hot Topics in Health Care Law program and cocktail reception. In this program, we will review the latest developments in health care and discuss opportunities and challenges for…more

Elder Care, Equity, Events, Government Investigations, Health Care Providers

See all updates »

DOL Increases Salary Thresholds for Exempt Employees

The Department of Labor (DOL) on Tuesday increased the salary thresholds for the Fair Labor Standards Act (FLSA) white collar exemptions from overtime pay requirements. On July 1, the minimum annual salary threshold for an…more

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

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Buyer Beware: S-Corp Status Can Be Revoked Anytime; Even in Bankruptcy

One of the best-known features of bankruptcy law is the automatic stay, which prevents a variety of actions to collect debts and to take possession or control of anything considered “property of the estate.” However, one thing…more

Automatic Stay, Bankruptcy Code, Business Assets, Commercial Bankruptcy, Debtors

See all updates »

Delaware Law Amended to Allow Limited Liability Companies to Divide Assets and Liabilities

The state of Delaware recently enacted an amendment to the Delaware Limited Liability Company Act (the “Act”), effective August 1, 2018, which allows a limited liability company to divide into two or more limited liability…more

Amended Regulation, Business Assets, Delaware Limited Liability Company Act, Limited Liability Company (LLC), Partnership Liabilities

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The Mandatory Federal Reporting Requirement on Foreign Ownership of U.S. Businesses Few Know About

Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign…more

BEA, CFIUS, Compliance, Corporate Governance, Enforcement Priorities

See all updates »

Combatting Disruptive Technologies: DOJ Takes on AI

U.S. Deputy Attorney General Lisa Monaco delivered keynote remarks March 7 at the American Bar Association’s 39th National Institute on White Collar Crime. In addition to unveiling a new whistleblower pilot program, she…more

Artificial Intelligence, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs, Whistleblower Protection Policies

See all updates »

New York Legislation Banning Employer Social Media Inquiries Takes Effect

A New York law recently went into effect significantly limiting employers’ ability to make inquiries regarding employees’ personal social media accounts…more

Employer Liability Issues, Employment Policies, Hiring & Firing, Social Media, Social Media Policy

See all updates »

Product Liability Issues of Today’s Direct Sales Industry

Anyone with a social media account has likely recently seen a friend start a side-hustle selling products to their network through a direct sales company. The direct sales industry has experienced a renaissance since the Great…more

Internet Retailers, Manufacturers, Product Defects, Retailers, Risk Management

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Safer Federal Workforce Task Force Issues Guidance Regarding Forthcoming COVID-19 Safety Protocols, Requiring Covered Contractor Employees To Show Proof of Vaccination by December 8, 2021

On September 24, 2021, the Safer Federal Workforce Task Force issued COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (the “Guidance”). This highly anticipated Guidance outlines the Covid-19…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Contract Terms, Coronavirus/COVID-19, Employer Mandates

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The Wait is Over: Department of Education Issues Final Title IX Regulations

Schools that have been anxiously awaiting the U.S. Department of Education’s final regulations enforcing and interpreting Title IX need wait no longer. The department issued final regulations last week that will govern sex…more

Colleges, Complaint Procedures, Compliance, Department of Education, Disciplinary Proceedings

See all updates »

[Event] Hot Topics in Health Care Law - January 25th, Baltimore, MD

Please join Miles & Stockbridge for our inaugural Hot Topics in Health Care Law program and cocktail reception. In this program, we will review the latest developments in health care and discuss opportunities and challenges for…more

Elder Care, Equity, Events, Government Investigations, Health Care Providers

See all updates »

FTC Announces Increased HSR Thresholds for 2024

The Federal Trade Commission (FTC) announced Jan. 22 annual revisions to the applicable thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). These revisions will apply to all…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

OMB Issues Final Guidance for Buy America Preference

Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s…more

Buy American Act, Federal Acquisition Regulations (FAR), Federal Contractors, Final Guidance, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

New FTC Rule Bans Non-Competes: What Employers Need to Know

The Federal Trade Commission (FTC) on Tuesday, in a 3-2 vote, approved a final rule banning non-competes in almost all employment contexts. This sweeping rule, while not unexpected, has caused quite a stir among employers and…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

Beware Hidden Dangers of Remote Work Post-COVID

The COVID-19 pandemic changed the way many employers view remote work. Those who had a positive experience may be considering making telecommuting a permanent part of their workplace, but must be aware of the dangers lurking for…more

Employee Benefits, Employer Liability Issues, Remote Working, State Labor Laws, Telecommuting

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Montgomery County Impact Taxes to Increase Significantly July 1

The Montgomery County Department of Finance published the required biennial update of its development impact taxes for transportation and public school improvements on May 1. These taxes must be paid prior to the issuance of…more

Building Permits, Impact Fees, Local Taxes, Public Projects, Public Schools

See all updates »

H-1B Cap FY 2025 - What You Need to Know

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain H–1B…more

Department of Homeland Security (DHS), H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Non-Immigrant Visas

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CPSC Publishes Semi-Annual Regulatory Agenda

As required by statute and Executive Order, the CPSC published its semi-annual regulatory agenda on June 11, 2018, which summarizes regulatory changes that the CPSC expects to develop or review over the course of the upcoming…more

Consumer Product Safety Commission (CPSC), Regulatory Agenda

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Fourth Circuit Holds ‘Series of Hateful Workplace Encounters’ Based on Race Can Create Hostile Working Environment Under Title VII

The U.S. Court of Appeals for the Fourth Circuit has expanded its view of what a hostile work environment looks like and lowered the bar in terms of what a plaintiff must show to sufficiently allege a race-based hostile work…more

Appeals, Dismissals, Employment Litigation, Federal Pleading Requirements, Harassment

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DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the…more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors, New Guidance

See all updates »

USCIS Increasing Fees for Immigration Applications on April 1

The Department of Homeland Security published a final rule Jan. 31 adjusting the filing fees for applications for immigration benefits submitted to U.S. Citizenship and Immigration Services (USCIS). For most application types —…more

Fees, Filing Fees, Form I-129, Green Cards, H-1B

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COVID-19 and Maryland Governor's Executive Order – Virtual Stockholder Meetings

On April 14, 2020, Maryland Governor Larry Hogan issued Executive Order 20-04-14-02 intended to provide publicly traded Maryland corporations and real estate investment trusts with greater flexibility in holding stockholder…more

Coronavirus/COVID-19, Corporate Governance, Executive Orders, Governor Hogan, Public Health Emergency

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ALERT: New Laws Affecting Maryland Business Entities Take Effect October 1

On May 12, 2022, Governor Hogan signed several bills into law that will affect the formation, ownership and operation of business entities under Maryland law. Below is a summary of the new laws. Most noteworthy is the creation…more

Corporate Governance, Defective Corporate Acts, General Corporation Law, Governor Hogan, New Legislation

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With U.S. EPA’s Approval of ASTM E1527-21, a Revised Standard for Environmental Site Assessment Should Be Used

The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I ESA”)…more

ASTM, CERCLA, Contaminated Properties, Environmental Liability, Environmental Protection Agency (EPA)

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Combatting Disruptive Technologies: DOJ Takes on AI

U.S. Deputy Attorney General Lisa Monaco delivered keynote remarks March 7 at the American Bar Association’s 39th National Institute on White Collar Crime. In addition to unveiling a new whistleblower pilot program, she…more

Artificial Intelligence, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs, Whistleblower Protection Policies

See all updates »

EEOC Issues Final Rule on Pregnant Workers Fairness Act

As we previously wrote when the Pregnant Workers Fairness Act (PWFA) went into effect in June 2023, the law requires most employers with 15 or more employees to provide “reasonable accommodations” for a qualified employee’s…more

Americans with Disabilities Act (ADA), Covered Employees, Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

Montgomery County Impact Taxes to Increase Significantly July 1

The Montgomery County Department of Finance published the required biennial update of its development impact taxes for transportation and public school improvements on May 1. These taxes must be paid prior to the issuance of…more

Building Permits, Impact Fees, Local Taxes, Public Projects, Public Schools

See all updates »

The District Takes Significant Steps Toward Reducing Greenhouse Gas Emissions

District of Columbia Mayor Muriel Bowser signed two significant pieces of legislation recently to build on the success of the Clean Energy DC Omnibus Act of 2018 and to further help transition the District to a new energy…more

Building Codes, Clean Energy, Climate Change, Environmental Policies, Green Buildings

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New FTC Rule Bans Non-Competes: What Employers Need to Know

The Federal Trade Commission (FTC) on Tuesday, in a 3-2 vote, approved a final rule banning non-competes in almost all employment contexts. This sweeping rule, while not unexpected, has caused quite a stir among employers and…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

China’s 14th Five-Year Plan (2021-2025) and Its Impact on Your Intellectual Property Portfolio

In March of 2021, China’s most important annual political meetings took place as thousands of delegates to the National People’s Congress (NPC), the national legislature, and the Chinese People’s Political Consultative…more

Antitrust Provisions, China, Economic Development, GDP, Intellectual Property Protection

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Buyer Beware: S-Corp Status Can Be Revoked Anytime; Even in Bankruptcy

One of the best-known features of bankruptcy law is the automatic stay, which prevents a variety of actions to collect debts and to take possession or control of anything considered “property of the estate.” However, one thing…more

Automatic Stay, Bankruptcy Code, Business Assets, Commercial Bankruptcy, Debtors

See all updates »

Md. Attorney General Can Now Bring Civil Actions Against Commercial Property Owners for Alleged Civil Rights Violations

A new Maryland law allows the attorney general to seek equitable relief and fines of up to $25,000, as well as fees, against civil rights violators. The Maryland General Assembly passed during its recent session SB 540, creating…more

Age Discrimination, Anti-Discrimination Policies, Civil Rights Act, Commercial Leases, Commercial Property Owners

See all updates »

[Event] Hot Topics in Health Care Law - January 25th, Baltimore, MD

Please join Miles & Stockbridge for our inaugural Hot Topics in Health Care Law program and cocktail reception. In this program, we will review the latest developments in health care and discuss opportunities and challenges for…more

Elder Care, Equity, Events, Government Investigations, Health Care Providers

See all updates »

Environmental Due Diligence Requires Reporting of Oil Contamination to the Maryland Department of the Environment

In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical petroleum…more

Amended Regulation, Contaminated Properties, Department of Environmental Quality, Due Diligence, Environmental Assessments

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Upcoming USPTO Fee Increases

The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger changes…more

Filing Fees, Patent Applications, Patents, Trademark Application, Trademarks

See all updates »

Part I: American Rescue Plan Act - What Employers Need to Know

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA, or the “Act”), which created certain additional benefits for employees about which employers should be aware. Extension of FFRCA Credits…more

American Rescue Plan Act of 2021, Benefit Plan Sponsors, Biden Administration, COBRA, Coronavirus/COVID-19

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Fourth Circuit Again Addresses Bathroom Access Rights of the Transgendered

Gender segregation in bathrooms, which some conservatives have predicted for decades would be undermined by sex discrimination laws, has in fact proven to be a persistent target for civil rights litigation in at least one narrow…more

Appeals, Gender Identity, Petition For Rehearing, Public Schools, School Restrooms

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MSBA Ad Hoc Task Force Recommends Statewide Business Court

On January 31, 2017, an ad hoc task force (“Task Force”) of the Business Law Section of the Maryland State Bar Association issued a Final Report and Proposed Recommendations for the Business & Technology Case Management Program…more

Business Court Division, Federal Agency Taskforce, State Bar Associations

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NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees from…more

Employment Contract, Employment Policies, Federal Labor Laws, Moonlighting, NLRA

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Potential Tax Implications of Virginia’s 2024-2026 Budget Bill

As the Virginia General Assembly’s session nears its conclusion, lawmakers continue to revise the two-year state budget that may create significant alterations to the state’s current taxing scheme, particularly in the areas of…more

Digital Media, General Assembly, Goods or Services, Proposed Legislation, Sales & Use Tax

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Employer Retention Credit Modified and Extended under New COVID-19 Relief Act

On December 27, 2020, the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (TCDTR Act) amended the employee retention credit (ERC) provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Among…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Families First Coronavirus Response Act (FFCRA), IRS

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Tax Effects of PPP Loan Forgiveness – IRS Notice 2020-32

On April 30, 2020, the Internal Revenue Service (IRS) issued Notice 2020-32 (the “Notice”) to address the deductibility of loan amounts received under the Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief, and…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Internal Revenue Code (IRC), IRS

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Not Too Specific: Personal Jurisdiction After Ford Motor Co. v. Montana Eighth Judicial District Court

The Supreme Court’s latest foray into personal jurisdiction – Ford Motor Co. v. Montana Eighth Judicial District Court – seems to raise more questions than answers regarding the contours of specific jurisdiction. A curious…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court, Forum Non Conveniens

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U.S. Antitrust Agencies Issue Guidance for HR Professionals & Announce Intention to Criminally Prosecute Wage-Fixing and “No Poaching" Agreements

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively the “Agencies”) have issued new Antitrust Guidance for Human Resource Professionals. The new Guidance is designed to “alert human resource…more

Antitrust Violations, Civil Liability, Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing

See all updates »

OMB Issues Final Guidance for Buy America Preference

Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s…more

Buy American Act, Federal Acquisition Regulations (FAR), Federal Contractors, Final Guidance, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

SCOTUS Coinbase Decision Gives Leverage to Parties Enforcing Arbitration Agreements

Last week, the U.S. Supreme Court held that litigation before the district court must be halted when a party appeals a denial of a motion to compel arbitration. In Coinbase v. Bielski, the courtresolved a split among lower…more

Arbitration, Automatic Stay, Coinbase, Coinbase Inc v Bielski, Cryptocurrency

See all updates »

DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the…more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors, New Guidance

See all updates »

CPSC Initiates Rulemaking to Ban Some Flame Retardants

In 2015, a group of consumer groups filed a petition with the U.S. Consumer Product Safety Commission (“CPSC”) seeking to ban under the Federal Hazardous Substances Act the use of non-polymeric organohalogen flame retardants…more

Children's Products, Consumer Product Safety Commission (CPSC), Flame Retardant, Hazardous Substances, Rulemaking Process

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California Expands Its Ban on Noncompetes with New Amendment

In July, we wrote about a bill passed by the New York State Assembly which, if signed by the governor, will prohibit nearly all noncompete agreements for workers in New York. We also wrote about a Minnesota law that went into…more

Amended Legislation, Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements

See all updates »

The Maryland Primary Care Program – An Important Financial Opportunity for Maryland Physicians

The Maryland Primary Care Program (“MDPCP”) is an unprecedented opportunity for certain health care providers and supporting entities to receive compensation for their efforts to coordinate care and reduce potentially avoidable…more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare

See all updates »

Weighing Employers’ Strategies for Employee Benefits in a Post Roe World

As is now well known both in and outside of the legal community, the Supreme Court of the United States recently decided Dobbs v. Jackson Women’s Health Organization, where the Court analyzed a Mississippi law that restricted…more

Abortion, Aiding and Abetting, Criminal Liability, Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Supreme Court Eases Standard for Employees to Demonstrate Title VII Discrimination

The Supreme Court last month made it easier for employees who are involuntarily transferred from one position to another to pursue employment discrimination claims under Title VII of the Civil Rights Act of 1964…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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[Webinar] Is Our Private K-12 School Subject to Title IX? - August 23rd, 3:00 pm - 4:00 pm EST

In a decision that should put the nation’s private and independent school community on notice, U.S. District Judge Richard D. Bennett for the District of Maryland recently ruled that a school’s 501(c)(3) tax-exempt organization…more

501(c)(3), Department of Education, Private Schools, Proposed Regulation, School Boards

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COVID-19: Divorce, Custody and Other Family Law Emergencies

In the sudden wake of COVID-19, courts across the United States and Europe are closing. Courts have taken steps to prevent the spread of the virus through closing to the public, postponing matters and extending deadlines. But…more

Child Abduction, Child Custody, Coronavirus/COVID-19, Divorce, Domestic Violence

See all updates »

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

Any acquisition involving a small business government contractor comes with a host of questions concerning what effect, if any, the transaction may have on the small business’s size and status post-closing…more

Acquisitions, Contract Terms, Court of Federal Claims, Federal Contractors, Federal Supply Schedule (FSS)

See all updates »

The Mandatory Federal Reporting Requirement on Foreign Ownership of U.S. Businesses Few Know About

Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign…more

BEA, CFIUS, Compliance, Corporate Governance, Enforcement Priorities

See all updates »

Government Contractors Must Complete AAP Certification by June 30, 2022

The newly imposed deadline is fast approaching for Government Contractors required to develop annual Affirmative Action Plans (AAPs) to certify that they have in fact created such plans. Supply and service federal contractors…more

Affirmative Action, Certification Requirements, Compliance, Corporate Counsel, Federal Contractors

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Update: SCOTUS Allows Atlantic Coast Pipeline to Cross Appalachian Trail

The Atlantic Coast Pipeline is a planned $8 billion, 600-mile natural gas pipeline from West Virginia to North Carolina. Petitioner Atlantic Coast Pipeline, LLC seeks to build the pipeline, which would traverse 21 miles of…more

Administrative Authority, Atlantic Coast Pipeline LLC v Cowpasture River Preservation Association, Department of the Interior, Forest Service, National Park Service

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Why an Opinion from the Eleventh Circuit is Keeping Creditors Up at Night

A recent federal appeals decision is sending shockwaves throughout the financial services sector. In Hunstein v. Preferred Collection & Mgmt. Services, Inc., the Court of Appeals for the Eleventh Circuit held that, under the…more

Appeals, Creditors, Data-Sharing, Debt Collection, Debt Collectors

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[Event] 2023 Regional Economic Breakfast Briefing - November 21st, Frederick, MD

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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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