Smith Gambrell Russell

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1105 W. Peachtree Street NE
Suite 1000
Atlanta, GA 30309, United States
Phone: (404) 815-3500
Fax: (404) 815-3509
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • New York
  • North Carolina
  • Texas
Other Countries
  • Germany
  • United Kingdom
Number of Attorneys
400+ Attorneys

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

See all updates »

Group Health Plan Fiduciaries May Now be a Target of Lawsuits for Excessive Fees

History of 401(k) Plan Excessive Fee Cases. Once the Department of Labor’s participant fee disclosure rules for retirement plans became effective in 2012, the plaintiffs’ bar latched onto recordkeeping and investment fees paid…more

401k, Department of Labor (DOL), Disclosure Requirements, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

See all updates »

How A Hospital Can Assure That It Will Be Required To Pay Punitive Damages

During the federal fiscal year ending in September, 2022, the Department of Justice collected more than $1.7 billion in False Claims Act (FCA) settlements and judgments involving fraud in Medicaid, Medicare Advantage (MA)…more

Compensation, False Claims Act (FCA), Fraud, Hospitals, Medicare

See all updates »

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

See all updates »

Do Marijuana Smokers Have Special Rights in Your Co-op or Condo?

The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our…more

Bylaws, Cannabis Products, Community Associations, Condominium Associations, Condominiums

See all updates »

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

ECTA Anti-Counterfeiting Committee Report October 2021 – FY 2020

I. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. ("Nike") and Converse Inc. ("Converse") brought a trademark infringement action under the Lanham Act against…more

Appeals, China, Compensatory Damages, Counterfeit Goods Regulation, Counterfeiting

See all updates »

SEC’s New Cybersecurity Rule—Including Key Disclosure Requirements

SGR would like to bring to your attention the recent development from the U.S. Securities and Exchange Commission (SEC) regarding cybersecurity regulations that impacts public companies subject to the reporting requirements of…more

Cybersecurity, Disclosure Requirements, Form 8-K, Popular, Regulation S-K

See all updates »

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

New Law Reduces Retainage of Georgia Public Construction Projects

One of the bills of interest to construction professions in the 2021-2022 session of the Georgia General Assembly, Senate Bill 438, recently passed and alters how much retainage is withheld on public construction projects. …more

Construction Contracts, Construction Project, Contractors, Georgia, Retainage

See all updates »

New Law Reduces Retainage of Georgia Public Construction Projects

One of the bills of interest to construction professions in the 2021-2022 session of the Georgia General Assembly, Senate Bill 438, recently passed and alters how much retainage is withheld on public construction projects. …more

Construction Contracts, Construction Project, Contractors, Georgia, Retainage

See all updates »

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends overtime…more

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

See all updates »

Group Health Plan Fiduciaries May Now be a Target of Lawsuits for Excessive Fees

History of 401(k) Plan Excessive Fee Cases. Once the Department of Labor’s participant fee disclosure rules for retirement plans became effective in 2012, the plaintiffs’ bar latched onto recordkeeping and investment fees paid…more

401k, Department of Labor (DOL), Disclosure Requirements, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

See all updates »

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends overtime…more

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

See all updates »

How A Hospital Can Assure That It Will Be Required To Pay Punitive Damages

During the federal fiscal year ending in September, 2022, the Department of Justice collected more than $1.7 billion in False Claims Act (FCA) settlements and judgments involving fraud in Medicaid, Medicare Advantage (MA)…more

Compensation, False Claims Act (FCA), Fraud, Hospitals, Medicare

See all updates »

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not only…more

Employee Retirement Income Security Act (ERISA), Federal Bans, Federal Trade Commission (FTC), Final Rules, Forfeiture

See all updates »

Timber and Paper Industry Petition EPA to Ease Restrictions on Burning Paper Residuals

In December, 2021, representatives of the timber and paper industry petitioned the EPA to ease restrictions on the burning of railroad ties and paper residuals as fuel without triggering strict hazardous waste combustion…more

Clean Air Act, Environmental Protection Agency (EPA), Hazardous Waste, National Emissions Standards, Non-Hazardous Secondary Materials

See all updates »

What You Need to Know About the Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA”) went into effect. The intent of the CTA is to bring the United States into compliance with international anti-money laundering standards. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Confidential Information, Corporate Transparency Act, Financial Crimes

See all updates »

New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims

New York Governor Kathy Hochul recently signed into law Senate Bill S2766-C, which amends the New York Labor Law (NYLL) and General Business Law (GBL) in relation to actions for non-payment of wages, and importantly, creates…more

Collective Bargaining Agreements (CBA), Contractors, New York, State Labor Laws, Subcontractors

See all updates »

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends overtime…more

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

See all updates »

Updated EEOC Guidance and New COVID-19 Litigation

The EEOC issued updated guidance stating that federal equal employment opportunity laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to some…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Civil Rights Act, Coronavirus/COVID-19, Emergency Use Authorization (EUA)

See all updates »

Two New Laws Expand California’s Non-Compete Prohibition and Require Employers to Provide Notice to Current and Former Employees

California State Senate Bill 699 (“SB 699”) and California State Assembly Bill 1076 (“AB 1076”) enhance California’s well-known prohibition against non-compete agreements or restrictive covenants. Both bills, which took effect…more

Enforcement, New Legislation, Non-Compete Agreements, Non-Solicitation Agreements, State Bans

See all updates »

Georgia General Assembly Passes HB 478: Establishes Daubert Evidentiary Standard in Georgia Criminal Cases

On Wednesday, March 30, 2022, the Georgia General Assembly passed HB 478 to extend the Daubert evidentiary standard for expert testimony in Georgia criminal prosecutions. The move to adopt Daubert for criminal matters was…more

Criminal Prosecution, Daubert Standards, Evidentiary Standards, Expert Testimony, Federal Rules of Evidence

See all updates »

New Georgia Procedure for Appealing Decisions of Lower Judicatories to State or Superior Court Takes Effect July 1, 2023

Effective July 1, 2023, Georgia House Bill 916 (2022), the “Superior and State Court Appellate Practice Act,” will repeal and replace Georgia’s complex notice of appeal and certiorari review statutes (former O.C.G.A. §§ 5-3-1 et…more

Appeals, Certiorari, GA Supreme Court, Georgia, Jurisdiction

See all updates »

DOL Finalizes Investment Fiduciary Rule

On Tuesday, April 23, 2024, the Department of Labor (the “DOL”) issued final regulations regarding investment fiduciary obligations and the definition of an “Investment Advice Fiduciary” (the “Final Regulations”) under the…more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

See all updates »

What You Need to Know About the Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA”) went into effect. The intent of the CTA is to bring the United States into compliance with international anti-money laundering standards. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Confidential Information, Corporate Transparency Act, Financial Crimes

See all updates »

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not only…more

Employee Retirement Income Security Act (ERISA), Federal Bans, Federal Trade Commission (FTC), Final Rules, Forfeiture

See all updates »

EEOC Issues Artificial Intelligence Guidance

On October 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched the Initiative on Artificial Intelligence and Algorithmic Fairness (the “Initiative”) to ensure that artificial intelligence (“AI”) and…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Disability Discrimination

See all updates »

New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims

New York Governor Kathy Hochul recently signed into law Senate Bill S2766-C, which amends the New York Labor Law (NYLL) and General Business Law (GBL) in relation to actions for non-payment of wages, and importantly, creates…more

Collective Bargaining Agreements (CBA), Contractors, New York, State Labor Laws, Subcontractors

See all updates »

Michigan’s Governor Signs Legislation Repealing Right-To-Work Law

On March 24, 2023, Michigan became the first state in decades to repeal its “Right-to-Work” law. Two days after Governor Whitmer signed the legislation into law, the Teamsters celebrated the repeal with the Governor. Michigan…more

Collective Bargaining Agreements (CBA), Employee Retention, Governor Whitmer, Repeal, Right to Work

See all updates »

Self-Disclosure Helps HealthSun Avoid Charges

The Criminal Division of the United States Department of Justice (DOJ) encourages companies to cooperate with the government whenever criminal conduct is discovered. A recent case demonstrates how voluntary self-disclosure and…more

Centers for Medicare & Medicaid Services (CMS), Corporate Misconduct, Department of Justice (DOJ), Internal Controls, Medicare Advantage

See all updates »

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

DOL Finalizes Investment Fiduciary Rule

On Tuesday, April 23, 2024, the Department of Labor (the “DOL”) issued final regulations regarding investment fiduciary obligations and the definition of an “Investment Advice Fiduciary” (the “Final Regulations”) under the…more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

See all updates »

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims

New York Governor Kathy Hochul recently signed into law Senate Bill S2766-C, which amends the New York Labor Law (NYLL) and General Business Law (GBL) in relation to actions for non-payment of wages, and importantly, creates…more

Collective Bargaining Agreements (CBA), Contractors, New York, State Labor Laws, Subcontractors

See all updates »

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

NLRB Revises Standard for Evaluating Employer Policies

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to…more

Boeing, Employee Handbooks, Employee Rights, Employment Policies, NLRA

See all updates »

Third Circuit Reverses EPA “Reactivation” Policy for PSD

A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention of…more

Appeals, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), PSD

See all updates »

EBSA Tolls Deadlines For Certain Benefit Plans and Participants

The Department of Labor (DOL) recently issued EBSA Disaster Relief Notice 2021-01 (the “Notice”), which provides guidance on expiration of the COVID-19 extended participant deadlines. The COVID-19 extended participant…more

COBRA, Coronavirus/COVID-19, Deadlines, Department of Labor (DOL), EBSA

See all updates »

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends overtime…more

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

See all updates »

Measure ULA’s Significant New Transfer Tax on Property Sales Over $5 Million

Beginning April 1, 2023, Measure ULA, a citizen-sponsored ballot initiative which was approved by voters in the City of Los Angeles, adds a new tax on the sale or transfer of real property valued at over $5 million. This Measure…more

Affordable Housing, Bureau of Labor Statistics, City of Los Angeles, Property Tax, Tax Rates

See all updates »

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not only…more

Employee Retirement Income Security Act (ERISA), Federal Bans, Federal Trade Commission (FTC), Final Rules, Forfeiture

See all updates »

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

THE CTA IS COMING! THE CTA IS COMING! Be Aware and Ready for When the Corporate Transparency Act Takes Effect

The Corporate Transparency Act (“CTA”) takes effect in two stages, January 1, 2024, and January 1, 2025. The CTA is particularly aimed at beneficial ownership reporting by “small” businesses. In January 2021, Congress…more

Beneficial Owner, Corporate Transparency Act, FinCEN

See all updates »

New York Amends “Prompt Payment Act” to Limit Retainage

On November 17, 2023, Governor Kathy Hochul signed Senate Bill 3539, which amended Section 756-a and Section 756-c of the New York General Business Law (commonly known as the Prompt Payment Act), which applies to all private…more

Commercial Contracts, Federal Contractors, New York, Prompt Payment, Retainage

See all updates »

Two New Laws Expand California’s Non-Compete Prohibition and Require Employers to Provide Notice to Current and Former Employees

California State Senate Bill 699 (“SB 699”) and California State Assembly Bill 1076 (“AB 1076”) enhance California’s well-known prohibition against non-compete agreements or restrictive covenants. Both bills, which took effect…more

Enforcement, New Legislation, Non-Compete Agreements, Non-Solicitation Agreements, State Bans

See all updates »

What You Need to Know About the Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA”) went into effect. The intent of the CTA is to bring the United States into compliance with international anti-money laundering standards. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Confidential Information, Corporate Transparency Act, Financial Crimes

See all updates »

Have you considered an Escalation Clause to cope with Rising Costs?

Earlier this year, the soaring cost of lumber and other construction materials made headlines throughout mainstream media as contractors and owners grappled with the consequences of market volatility. While the construction…more

Bureau of Labor Statistics, Commercial Property Owners, Construction Industry, Construction Project, Contractors

See all updates »

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends overtime…more

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

See all updates »

Deadlines for Investing 2021 Gains in Opportunity Zones

M&A activity set a new record in 2021, reaching $5.8 billion globally.[1] After such a heated year of sales, mergers, and financings, those investors who saw taxable gains must now account for the inevitable tax bills. One…more

Capital Gains, Filing Deadlines, Investment, Investors, Opportunity Zones

See all updates »

New York’s Highest Court Limits Jurisdiction Over Foreign Companies

Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a…more

Appeals, Corporate Counsel, DaimlerChrysler v Bauman, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court

See all updates »

Do Marijuana Smokers Have Special Rights in Your Co-op or Condo?

The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our…more

Bylaws, Cannabis Products, Community Associations, Condominium Associations, Condominiums

See all updates »

ECTA Anti-Counterfeiting Committee Report October 2021 – FY 2020

I. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. ("Nike") and Converse Inc. ("Converse") brought a trademark infringement action under the Lanham Act against…more

Appeals, China, Compensatory Damages, Counterfeit Goods Regulation, Counterfeiting

See all updates »

Build Back Better Act’s Threats to Current Estate Planning Techniques

On September 13, 2021, the House Ways and Means Committee Chairman announced the Committee’s plan to pay for the $3.5 trillion Build Back Better Act (the “Act”). The Act has measures to combat the climate crisis, create jobs,…more

Estate Planning, Estate-Tax Exemption, Gift-Tax Exemption, Grantor Retained Annuity Trusts (GRATs), Grantor Trusts

See all updates »

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not only…more

Employee Retirement Income Security Act (ERISA), Federal Bans, Federal Trade Commission (FTC), Final Rules, Forfeiture

See all updates »

‘Tis the Season: Annual Party Pooper’s Guide to the Holidays

‘Tis the season for celebration. For employers, that may mean hosting an annual holiday party, catering an office luncheon, or distributing end-of-year gifts and bonuses. However, with the holiday season comes potential…more

Bonuses, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA)

See all updates »

New York’s Highest Court Limits Jurisdiction Over Foreign Companies

Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a…more

Appeals, Corporate Counsel, DaimlerChrysler v Bauman, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court

See all updates »

New Group Health Plan Annual Attestation Requirement

Group health plans are now required to submit an annual attestation confirming that the agreements the plan enters into with its service providers do not contain “gag clauses,” which are limitations regarding the plan’s ability…more

Attestation Requirements, Centers for Medicare & Medicaid Services (CMS), Employer Group Health Plans, Self-Funded Health Plans

See all updates »

Dog Bites Guest at Home of Owner’s Parents:

Are Mom and Dad Liable for the Injury? Dog bite cases and their factual differences and distinctions abound. Liability is often based on who owned or controlled the dog. But, as a recent case illustrates, another determinant…more

Discovery, Liability, Summary Judgment

See all updates »

Group Health Plan Fiduciaries May Now be a Target of Lawsuits for Excessive Fees

History of 401(k) Plan Excessive Fee Cases. Once the Department of Labor’s participant fee disclosure rules for retirement plans became effective in 2012, the plaintiffs’ bar latched onto recordkeeping and investment fees paid…more

401k, Department of Labor (DOL), Disclosure Requirements, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

See all updates »

Third Circuit Reverses EPA “Reactivation” Policy for PSD

A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention of…more

Appeals, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), PSD

See all updates »

NLRB Revises Standard for Evaluating Employer Policies

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to…more

Boeing, Employee Handbooks, Employee Rights, Employment Policies, NLRA

See all updates »

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

FERC Proposes Prohibiting Reactive Power Compensation

On March 21, 2024, the Federal Energy Regulatory Commission (FERC) proposed rulemaking that will change the way in which generators receive compensation. Specifically, FERC proposed to prohibit compensation for reactive power…more

Compensation, Energy Sector, FERC, Proposed Rules, Transmission Grid

See all updates »

U.S. v. Arthrex Case Creates a New Path to Challenge IPR Decisions

As a result of yesterday’s Supreme Court’s decision in U.S. v. Arthrex, any party dissatisfied with the result of an Inter Partes Review (IPR) can now seek review by the Director of the Patent and Trademark Office (PTO)…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

See all updates »

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

See all updates »

DOL Finalizes Investment Fiduciary Rule

On Tuesday, April 23, 2024, the Department of Labor (the “DOL”) issued final regulations regarding investment fiduciary obligations and the definition of an “Investment Advice Fiduciary” (the “Final Regulations”) under the…more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

See all updates »

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

New DOS Policy Makes National Interest Exceptions Harder to Obtain for Foreign Nationals Subject to European COVID-19 Travel Ban

On March 2, 2021, the U.S. Department of State (DOS) announced new and more restrictive eligibility criteria for obtaining a National Interest Exception (NIE) to the COVID-19 travel bans for the European Schengen Area, the…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Department of Homeland Security (DHS), E-1, E-2

See all updates »

Metaverse: The Next Commercial Frontier

It appears that the next commercial frontier is the so-called “metaverse.” The term “metaverse” was first used in science fiction novels. It combines the word “universe” with the prefix “meta,” which comes from a Greek word…more

China, Cryptocurrency, Digital Assets, Nike, Non-Fungible Tokens (NFTs)

See all updates »

“Equivalent Benefits” Requirements for Illinois Staffing Employees Temporarily Enjoined

The U.S. District Court for the Northern District of Illinois (the “District Court”) recently entered a temporary injunction halting enforcement of certain benefits-related provisions under the Illinois Day and Temporary Labor…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Hiring & Firing, Labor Regulations

See all updates »

New Law Reduces Retainage of Georgia Public Construction Projects

One of the bills of interest to construction professions in the 2021-2022 session of the Georgia General Assembly, Senate Bill 438, recently passed and alters how much retainage is withheld on public construction projects. …more

Construction Contracts, Construction Project, Contractors, Georgia, Retainage

See all updates »

OSHA Adopts National Emphasis Program (NEP) in Lieu of Adopting Emergency Temporary Standards to Address COVID in the Workplace

On March 15, OSHA adopted an NEP in response to President Biden’s Executive Order directing the agency to come up with a national program for COVID-19 enforcement priorities. The NEP directs OSHA to conduct programmed…more

Biden Administration, Coronavirus/COVID-19, Enforcement Priorities, Executive Orders, NAICS

See all updates »

The New ‘Buy Clean Concrete’ Guidelines Applicable to State of New York Agency Construction Contracts

The New York State Office of General Services has issued the long-awaited New York State Buy Clean Concrete guidelines applicable to certain State of New York (“NYS”) construction projects. The guidelines “establish the…more

Compliance, Concrete, Construction Contracts, Executive Orders, New York

See all updates »

Enforcement Policy at the U.S. Department of Justice Criminal Division Continues to Evolve

This week, on Tuesday, January 17, the Department of Justice’s (“DOJ”) Criminal Division’s Assistant Attorney General, Kenneth Polite, sent an “undeniable message” that companies should come forward and do the right thing by…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Enforcement, Self-Disclosure Requirements

See all updates »

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EBSA Tolls Deadlines For Certain Benefit Plans and Participants

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Michigan’s Governor Signs Legislation Repealing Right-To-Work Law

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Sackett v. EPA: SCOTUS Narrows Reach of the Federal Clean Water Act Over Wetlands

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Virginia Passes Overtime Wage Act

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This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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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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