Neal, Gerber & Eisenberg LLP

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Two North LaSalle Street
Suite 1700
Chicago, Illinois 60602-3801, United States
Phone: (312) 269-8000
Fax: (312) 269-1747
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Communications & Media Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Illinois
Number of Attorneys
100+ Attorneys

USPTO Offers Updated Relief for Certain Patent-Related Filing or Payment Deadlines

From March to June of 2020, the United States Patent and Trademark Office (“USPTO”) responded to the COVID-19 outbreak by offering various forms of relief to stakeholders.  The widest ranging of these relief efforts was issued…more

Coronavirus/COVID-19, Deadlines, Filing Deadlines, Intellectual Property Protection, IP Portfolio

See all updates »

Client Alert: Beware of Fake CTA Reporting Requests

The Corporate Transparency Act (CTA), a law intended to enable the Financial Crimes Enforcement Network (FinCEN) to detect shell companies and protect the U.S. financial system from abuse by money launderers, drug traffickers,…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Data Breach, Data Protection

See all updates »

Client Alert: 2024 Inflation Adjustments That Impact Current Estate Planning Opportunities

The Internal Revenue Service recently announced increased transfer tax exclusions for calendar year 2024 as part of Revenue Procedure 2023-34. The significant increases in the unified credit against estate, gift and…more

Estate Planning, Exemptions, Generation-Skipping Transfer, Gift Tax, Inflation Adjustments

See all updates »

New Accredited Investor Rules Will Expand Eligibility for Private Fund Investments

On August 26, 2020, the SEC adopted several changes to expand the definition of an “accredited investor.” For the first time, a new category will enable natural persons to qualify as accredited investors based upon their…more

Accredited Investors, Financial Regulatory Reform, New Rules, Private Placements, Qualified Institutional Buyers

See all updates »

Client Alert: Raising the Curtain on the Next Act: SECURE ACT 2.0

Introduction - On December 29, 2022, the President signed into law the SECURE 2.0 Act of 2022 (“SECURE 2.0”). As its name suggests, SECURE 2.0 expands on actions taken by the original SECURE Act of 2019 (“SECURE 1.0”). …more

401k, 403(b) Plans, Distribution Rules, Employee Benefits, EPCRS

See all updates »

Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes.  Earlier this year, the China National Intellectual Property Administration (CNIPA) released a Draft…more

China, CNIPA, Enforcement, Intellectual Property Protection, Proposed Amendments

See all updates »

NGE On Demand: Insurance Case Law Index with Jill Berkeley

This video details the cumulative online database of insurance cases created by NGE Insurance Policyholder counsel Jill Berkeley in 1986 to supplement the hard copy Fifteen-Year Index of The Policy, prepared by Peter C. Morse,…more

Databases, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Intellectual Property Licenses and Bankruptcy

The COVID-19 pandemic has already caused numerous companies to file for bankruptcy relief and will likely cause many more to do so. In this environment, it is particularly important for both licensees and licensors of…more

Absolute Priority Rule, Bankruptcy Code, Commercial Bankruptcy, Creditors, Debtors

See all updates »

New IRS Deadline for Additional Taxpayers, Plus Relief for Like-Kind Exchanges and Qualified Opportunity Zone Fund Investments

As we reported in our previous client alert, "Federal and State Tax Actions in Response to COVID-19," the IRS has extended until July 15, 2020, the deadline for filing income, gift and GST tax and information returns, and making…more

Coronavirus/COVID-19, Filing Deadlines, IRS, Like Kind Exchanges, Qualified Opportunity Funds

See all updates »

Recent Court Decisions Reinforce Coverage for BIPA Claims Under General Liability Policies

Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), has been a fertile source of litigation against Illinois businesses for several years now. The targets of such lawsuits turned to their insurers for…more

Biometric Information, Biometric Information Privacy Act, Commercial General Liability Policies, Corporate Counsel, Insurance Industry

See all updates »

Client Alert: Raising the Curtain on the Next Act: SECURE ACT 2.0

Introduction - On December 29, 2022, the President signed into law the SECURE 2.0 Act of 2022 (“SECURE 2.0”). As its name suggests, SECURE 2.0 expands on actions taken by the original SECURE Act of 2019 (“SECURE 1.0”). …more

401k, 403(b) Plans, Distribution Rules, Employee Benefits, EPCRS

See all updates »

Navigating the CIPA Landscape: Understanding Tracking Technology Litigation and Compliance Strategies

Last year saw a flurry of website tracking technology litigation sparked by a broad interpretation of invasion of privacy laws that were not originally intended to apply to online technologies. Unfortunately, hopes of clarity…more

Class Action, Compliance, Invasion of Privacy, Proposed Legislation, Technology Sector

See all updates »

United States Patent & Trademark Office Proposes Rule that Would Limit Patent Owner’s Enforcement Rights of Patents Subject to a Terminal Disclaimer

On May 10, 2024, the United States Patent & Trademark Office (USPTO) published a proposed rule under which terminal disclaimers filed to obviate an obviousness-type double patenting (ODP) rejection would limit the patents to a…more

Enforcement, Obviousness-Type Double Patenting (ODP), Patent Ownership, Proposed Rules, USPTO

See all updates »

Client Alert: Supreme Court Holds Bankruptcy Cannot Nullify License Agreement

The U.S. Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC clarifies that a bankruptcy debtor cannot unilaterally revoke its trademark licensee’s right to use a licensed mark pursuant to a…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Breach of Contract, Commercial Bankruptcy, Debtors

See all updates »

Client Alert: HHS Recommends Rescheduling Marijuana to Schedule III: Implications and Uncertainties for the Industry

Marijuana has long been classified as a Schedule I controlled substance under the Controlled Substances Act of 1970 (the “CSA”), which is defined as a substance with no accepted medical use and a high potential for abuse,…more

Classification, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

See all updates »

Down-Rounds and Other Insider Financing: How to Minimize Your Fiduciary Risk

The United States and the world are in the midst of a pandemic and a resulting economic crisis of massive proportion, with most businesses, including many venture capital and private equity backed companies, experiencing shocks…more

Burden of Proof, Business Judgment Rule, Entire Fairness Standard, Equity Financing, Fiduciary Duty

See all updates »

Client Alert: HHS Recommends Rescheduling Marijuana to Schedule III: Implications and Uncertainties for the Industry

Marijuana has long been classified as a Schedule I controlled substance under the Controlled Substances Act of 1970 (the “CSA”), which is defined as a substance with no accepted medical use and a high potential for abuse,…more

Classification, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

See all updates »

Client Alert: Raising the Curtain on the Next Act: SECURE ACT 2.0

Introduction - On December 29, 2022, the President signed into law the SECURE 2.0 Act of 2022 (“SECURE 2.0”). As its name suggests, SECURE 2.0 expands on actions taken by the original SECURE Act of 2019 (“SECURE 1.0”). …more

401k, 403(b) Plans, Distribution Rules, Employee Benefits, EPCRS

See all updates »

Recent Court Decisions Reinforce Coverage for BIPA Claims Under General Liability Policies

Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), has been a fertile source of litigation against Illinois businesses for several years now. The targets of such lawsuits turned to their insurers for…more

Biometric Information, Biometric Information Privacy Act, Commercial General Liability Policies, Corporate Counsel, Insurance Industry

See all updates »

Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes.  Earlier this year, the China National Intellectual Property Administration (CNIPA) released a Draft…more

China, CNIPA, Enforcement, Intellectual Property Protection, Proposed Amendments

See all updates »

PPP Loan Deadline Is August 8, EIDL Loans Still Available

The deadline to apply for a Paycheck Protection Program (PPP) loan is August 8, 2020. At this time, it appears that there is almost $130 billion in funds remaining available under the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Deadlines, Economic Injury Disaster Loans, Paycheck Protection Program (PPP)

See all updates »

Client Alert: SCOTUS Resolves Circuit Split on Trademark Profit Awards and Intent, but Uncertainty Remains

For a plaintiff in a trademark infringement dispute, the central question is often, "What can I recover?" Likewise, a defendant asks the mirror question: "What is my potential exposure?"…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

See all updates »

NGE On Demand: Insurance Issues in Bankruptcy with Jason Frye

NGE Insurance Policyholder counsel Jason Frye explains how when bankruptcy and insurance issues collide, debtors will need insurance coverage counsel to work alongside their bankruptcy counsel. If you have any questions,…more

Automatic Stay, Commercial Bankruptcy, D&O Insurance, Debtors, Insurance Industry

See all updates »

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with…more

Abitron Austria GmbH v Hetronic International Inc, Corporate Counsel, Damages, Extraterritoriality Rules, Foreign Sales

See all updates »

The Corporate Transparency Act of 2019: A New Era of Beneficial Ownership Disclosure and Entity Formation

On December 8, 2021, the Financial Crimes Enforcement Network (FinCEN) published in the Federal Register its first installment of widely anticipated Proposed Rules regarding the Corporate Transparency Act of 2019 (CTA). The…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Customer Due Diligence (CDD), FinCEN

See all updates »

Top Workplace Issues to Watch in the Second Half of 2022

While employers continue to deal with the fallout of the COVID-19 pandemic, they’re also faced with the economic uncertainty of a probable recession and a tight labor market, among other risks…more

Coronavirus/COVID-19, Data Breach, Employer Liability Issues, Restrictive Covenants, Unions

See all updates »

Client Alert: 2024 Inflation Adjustments That Impact Current Estate Planning Opportunities

The Internal Revenue Service recently announced increased transfer tax exclusions for calendar year 2024 as part of Revenue Procedure 2023-34. The significant increases in the unified credit against estate, gift and…more

Estate Planning, Exemptions, Generation-Skipping Transfer, Gift Tax, Inflation Adjustments

See all updates »

Client Alert: M&A Broker Exemption Takes Effect

A new law exempting certain “M&A brokers” from having to register with the SEC took effect on March 29.  This will enable many boutique “investment banks” which only engage in transactions with eligible privately held companies…more

Acquisitions, Brokers, Mergers, Securities Exchange Act

See all updates »

FTC Issues Final Rule Banning Most Non-Compete Agreements: Takeaways and Next Steps for Employers

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to promulgate a Final Rule that prohibits the use of almost all non-compete clauses in employment contracts. Absent an effective legal challenge delaying or…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Navigating the CIPA Landscape: Understanding Tracking Technology Litigation and Compliance Strategies

Last year saw a flurry of website tracking technology litigation sparked by a broad interpretation of invasion of privacy laws that were not originally intended to apply to online technologies. Unfortunately, hopes of clarity…more

Class Action, Compliance, Invasion of Privacy, Proposed Legislation, Technology Sector

See all updates »

Client Alert: Proposed Bill Clarifies What Can Be Patented

A Congressional Subcommittee will consider new legislation that would reverse much of the Supreme Court’s recent jurisprudence regarding patent eligibility and significantly improve the chances of patenting certain software and…more

Abstract Ideas, Intellectual Property Protection, Patent-Eligible Subject Matter, Patents, Section 101

See all updates »

Client Alert: Raising the Curtain on the Next Act: SECURE ACT 2.0

Introduction - On December 29, 2022, the President signed into law the SECURE 2.0 Act of 2022 (“SECURE 2.0”). As its name suggests, SECURE 2.0 expands on actions taken by the original SECURE Act of 2019 (“SECURE 1.0”). …more

401k, 403(b) Plans, Distribution Rules, Employee Benefits, EPCRS

See all updates »

PPP Loan Deadline Is August 8, EIDL Loans Still Available

The deadline to apply for a Paycheck Protection Program (PPP) loan is August 8, 2020. At this time, it appears that there is almost $130 billion in funds remaining available under the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Deadlines, Economic Injury Disaster Loans, Paycheck Protection Program (PPP)

See all updates »

Client Alert: Leveraging QPRTs in a High Interest Rate Environment

Leveraging QPRTs in a High Interest Rate Environment - A Qualified Personal Residence Trust, or “QPRT” is a planning strategy specifically authorized in the Internal Revenue Code that allows an individual to remove a…more

Estate Planning, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

See all updates »

USPTO and Trademark Services Fraud Schemes

Scammers know no bounds, including in the world of trademarks. NGE has noted a recent uptick in fraudulent e-mails, calls, and texts directed at trademark applicants and registrants. These scammers typically use information…more

Domain Names, Email, Fraud, Text Messages, Trademark Application

See all updates »

New Final Overtime Rule Set Forth by the Department of Labor

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

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

See all updates »

NGE On Demand: Profits Interests: Granting & Receiving with Patty Cain and Josh Klein

Interested in granting or receiving profits interests but confused by its features? NGE attorneys Patricia Cain and Josh Klein walk you through the compensation, tax, and corporate elements to consider as you navigate this…more

Compensation, Equity, Fair Market Value, IRS, Limited Liability Company (LLC)

See all updates »

Client Alert: Beware of Fake CTA Reporting Requests

The Corporate Transparency Act (CTA), a law intended to enable the Financial Crimes Enforcement Network (FinCEN) to detect shell companies and protect the U.S. financial system from abuse by money launderers, drug traffickers,…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Data Breach, Data Protection

See all updates »

New Final Overtime Rule Set Forth by the Department of Labor

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

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

See all updates »

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair Use

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music Corp.,…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Digital Media

See all updates »

NGE On Demand: COVID-19 and IP Waiver for Patent Protection with Kevin O'Connor and Olivia Luk Bedi

Recently, the U.S.’s changed position on IP Waiver for patent protection of the COVID-19 vaccines and technology grabbed the headlines. It was an about-face from its previous stance. But what does it all mean? From Facebook…more

Coronavirus/COVID-19, Intellectual Property Protection, Patents, Pharmaceutical Patents, Trade Secrets

See all updates »

USPTO and Trademark Services Fraud Schemes

Scammers know no bounds, including in the world of trademarks. NGE has noted a recent uptick in fraudulent e-mails, calls, and texts directed at trademark applicants and registrants. These scammers typically use information…more

Domain Names, Email, Fraud, Text Messages, Trademark Application

See all updates »

Client Alert: 2024 Inflation Adjustments That Impact Current Estate Planning Opportunities

The Internal Revenue Service recently announced increased transfer tax exclusions for calendar year 2024 as part of Revenue Procedure 2023-34. The significant increases in the unified credit against estate, gift and…more

Estate Planning, Exemptions, Generation-Skipping Transfer, Gift Tax, Inflation Adjustments

See all updates »

California Seeks to Clarify Standards of Review for Hotel Property Tax Assessment Appeals

Hotels are one of the most misunderstood properties when valued by local assessors for property tax purposes. A hotel’s enterprise activity is comprised of tangible property, in the form of real estate and personal property,…more

Business Valuations, Commercial Property Owners, Hotels, Intangible Property, Personal Property

See all updates »

Intellectual Property Licenses and Bankruptcy

The COVID-19 pandemic has already caused numerous companies to file for bankruptcy relief and will likely cause many more to do so. In this environment, it is particularly important for both licensees and licensors of…more

Absolute Priority Rule, Bankruptcy Code, Commercial Bankruptcy, Creditors, Debtors

See all updates »

Client Alert: Illinois Appellate Court Opinion Allows for BIPA Cyber Insurance Policy Claims

The Illinois Appellate Court recently issued the first-ever opinion regarding insurance coverage for claims under the Illinois Biometric Information Privacy Act (BIPA) involving a cyber insurance policy. The Court’s finding that…more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Cyber Insurance, Cybersecurity

See all updates »

Kevin A. O’Connor, Ph.D and Kevin C. May File Amicus Brief on Behalf of IPLAC

On April 15, 2016, Kevin A. O’Connor, Ph.D and Kevin C. May, partners in the Intellectual Property & Technology Transactions practice group, filed an amicus brief in the United States Court of Appeals for the Federal Circuit on…more

Amicus Briefs, En Banc Review, Obviousness, Patent Litigation

See all updates »

Update: USPTO Trademark Relief Under the CARES Act

The United States Patent and Trademark Office (USPTO) is continuing to respond to the COVID-19 outbreak by offering relief to applicants and registrants. On May 27, 2020, the USPTO issued its most recent notice, confirming that…more

Coronavirus/COVID-19, Filing Deadlines, Intellectual Property Protection, Relief Measures, Trademark Application

See all updates »

IRS Concludes Many Airbnb-Style Rental Arrangements Are Subject to Self-Employment Tax

The ongoing COVID-19 pandemic has caused many individuals to reevaluate vacation destinations and where they choose to work. Why work in snowy Chicago during the winter months when you can perform the same work remotely in a…more

AirBnB, IRS, Rental Property, Self-Employment Tax, Tax Liability

See all updates »

Hotels Should Start Preparing Now for Property Tax Appeals

As hotels and other hospitality businesses suffer from the COVID-19 lockdown, it’s important that they move quickly and proactively to lower their property taxes. In many states they’ll be able to lower the amount they owe as a…more

Coronavirus/COVID-19, Hospitality Industry, Hotels, Property Owners, Property Tax

See all updates »

Important Copyright Protections in New COVID-19 Relief Package

The COVID-19 relief package enacted on December 27, 2020, added two important new protections for copyright owners and content providers—namely, the Copyright Alternative in Small-Claims Enforcement (CASE) Act and the Protecting…more

CASE Act, Copyright, Copyright Infringement, Coronavirus/COVID-19

See all updates »

Client Alert: Beware of Fake CTA Reporting Requests

The Corporate Transparency Act (CTA), a law intended to enable the Financial Crimes Enforcement Network (FinCEN) to detect shell companies and protect the U.S. financial system from abuse by money launderers, drug traffickers,…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Data Breach, Data Protection

See all updates »

Client Alert: SCOTUS Rules Andy Warhol Foundation's Commercial License of "Orange Prince" Image Infringed Photographer's Copyright

On May 17th, 2023, the Supreme Court handed down a decision with potentially far-reaching consequences in the evolving landscape of copyright fair use, particularly for commercial works that reproduce copyrighted work. The Court…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Fair Use

See all updates »

Client Alert: Beware of Fake CTA Reporting Requests

The Corporate Transparency Act (CTA), a law intended to enable the Financial Crimes Enforcement Network (FinCEN) to detect shell companies and protect the U.S. financial system from abuse by money launderers, drug traffickers,…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Data Breach, Data Protection

See all updates »

PPP Loan Deadline Is August 8, EIDL Loans Still Available

The deadline to apply for a Paycheck Protection Program (PPP) loan is August 8, 2020. At this time, it appears that there is almost $130 billion in funds remaining available under the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Deadlines, Economic Injury Disaster Loans, Paycheck Protection Program (PPP)

See all updates »

FTC Issues Final Rule Banning Most Non-Compete Agreements: Takeaways and Next Steps for Employers

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to promulgate a Final Rule that prohibits the use of almost all non-compete clauses in employment contracts. Absent an effective legal challenge delaying or…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Client Alert: Beware of Fake CTA Reporting Requests

The Corporate Transparency Act (CTA), a law intended to enable the Financial Crimes Enforcement Network (FinCEN) to detect shell companies and protect the U.S. financial system from abuse by money launderers, drug traffickers,…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Data Breach, Data Protection

See all updates »

NGE On Demand: COVID-19 and IP Waiver for Patent Protection with Kevin O'Connor and Olivia Luk Bedi

Recently, the U.S.’s changed position on IP Waiver for patent protection of the COVID-19 vaccines and technology grabbed the headlines. It was an about-face from its previous stance. But what does it all mean? From Facebook…more

Coronavirus/COVID-19, Intellectual Property Protection, Patents, Pharmaceutical Patents, Trade Secrets

See all updates »

Employers Prepare for End of Mandatory Arbitration of Sexual Harassment Claims

On February 10, 2022, the U.S. Senate passed H.R. 4445, a landmark bill that renders invalid and unenforceable any mandatory arbitration provisions pertaining to claims of sexual harassment or sexual assault. The Bill, which is…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Federal Arbitration Act, Mandatory Arbitration Clauses

See all updates »

Client Alert: Federal Circuit PTA Decision Favors Applicants with Multiple Co-Pending Domestic and Foreign Applications

The Federal Circuit recently held that the USPTO’s calculation of “applicant delays” related to Patent Term Adjustment (PTA) is contrary to the plain language of the PTA Statute…more

Patent Applications, Patent Term Adjustment, Patent Terms, Patents, Pharmaceutical Patents

See all updates »

Fund Managers and Family Offices Get Some Clarity on Carried Interests with Issuance of Proposed Treasury Regulations

On August 14, 2020, the IRS published Proposed Treasury Regulations (the “Proposed Regulations”) under Section 1061 of the Internal Revenue Code to close the “carried interest loop hole” through which managers of investment…more

Arms Length Transactions, Capital Gains, Capital Investments, Carried Interest, Fund Managers

See all updates »

Down-Rounds and Other Insider Financing: How to Minimize Your Fiduciary Risk

The United States and the world are in the midst of a pandemic and a resulting economic crisis of massive proportion, with most businesses, including many venture capital and private equity backed companies, experiencing shocks…more

Burden of Proof, Business Judgment Rule, Entire Fairness Standard, Equity Financing, Fiduciary Duty

See all updates »

PPP Loan Deadline Is August 8, EIDL Loans Still Available

The deadline to apply for a Paycheck Protection Program (PPP) loan is August 8, 2020. At this time, it appears that there is almost $130 billion in funds remaining available under the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Deadlines, Economic Injury Disaster Loans, Paycheck Protection Program (PPP)

See all updates »

President Obama Signs the Federal Trade Secrets Act Into Law

Yesterday, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The White House had previously expressed support for this law by stating that “Effective protection of trade secrets promotes innovation…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

See all updates »

NGE On Demand: 3 Trending Asset Classes: Life Sciences, Data Centers & Coworking with Beth Radichel

NGE Real Estate Partner Beth Radichel discusses three trending areas in the commercial real estate industry: life sciences, data centers, co-living, and working spaces, and how they are particularly well suited in Illinois and…more

Commercial Real Estate Market, Data Centers, Life Sciences, Office Space

See all updates »

Client Alert: Details on Relief Loans and Other Financial Assistance for Businesses

The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") is the latest of numerous federal, state and local efforts to aid individuals and small businesses adversely affected by COVID-19. This alert is intended to…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Financial Stimulus

See all updates »

Client Alert: 2024 Inflation Adjustments That Impact Current Estate Planning Opportunities

The Internal Revenue Service recently announced increased transfer tax exclusions for calendar year 2024 as part of Revenue Procedure 2023-34. The significant increases in the unified credit against estate, gift and…more

Estate Planning, Exemptions, Generation-Skipping Transfer, Gift Tax, Inflation Adjustments

See all updates »

Client Alert: Chicago’s New Paid Leave Ordinance: FAQs for Employers

Chicago recently passed its sweeping Paid Leave and Paid Sick and Safe Leave Ordinance, which goes into effect on December 31, 2023 – and our clients have had many questions! Here are answers to the most frequently asked…more

Advance Notice, City of Chicago, Notice Requirements, Paid Leave, Paid Sick Leave

See all updates »

Client Alert: European Commission’s Adequacy Decision Sets Standards for US Companies to Receive Personal Data from EU Under the New EU-US Data Privacy Framework

On July 10, 2023, the European Commission concluded that the US ensures an adequate level of protection for personal data transferred from the European Union to US companies under the new EU-US Data Privacy Framework. Based on…more

Biden Administration, Data Privacy, EU, EU Data Protection Laws, European Commission

See all updates »

Client Alert: Leveraging QPRTs in a High Interest Rate Environment

Leveraging QPRTs in a High Interest Rate Environment - A Qualified Personal Residence Trust, or “QPRT” is a planning strategy specifically authorized in the Internal Revenue Code that allows an individual to remove a…more

Estate Planning, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

See all updates »

Client Alert: Seeking Rent Relief? What Your Landlord Wants You to Know

Many businesses have been severely impacted by the coronavirus pandemic and are seeking rent relief from their landlords in order to maintain operations. If your business is preparing for, or already engaged in, rent relief…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants

See all updates »

Landlord Rights and Responsibilities in Commercial Tenant Bankruptcies

Landlords beware: You may not be able to rely on all the remedies found in your lease if your tenant files bankruptcy. For example, the bankruptcy section of your lease may provide that the tenant filing a bankruptcy petition…more

Bankruptcy Code, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Contract Terms

See all updates »

Fund Managers and Family Offices Get Some Clarity on Carried Interests with Issuance of Proposed Treasury Regulations

On August 14, 2020, the IRS published Proposed Treasury Regulations (the “Proposed Regulations”) under Section 1061 of the Internal Revenue Code to close the “carried interest loop hole” through which managers of investment…more

Arms Length Transactions, Capital Gains, Capital Investments, Carried Interest, Fund Managers

See all updates »

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with…more

Abitron Austria GmbH v Hetronic International Inc, Corporate Counsel, Damages, Extraterritoriality Rules, Foreign Sales

See all updates »

Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of the…more

Amazon, Amazon Marketplace, Cease and Desist Orders, Copyright, Counterfeiting

See all updates »

The CFPB Eyes Supervisory Regulation Over Large Auto-Lenders

Large auto-lenders may soon have to contend with a new regulator. In its most recent semi-annual report, the Consumer Financial Protection Bureau (“CFPB”) highlighted its intent to promulgate a new rule which would subject…more

Automotive Industry, Automotive Loans, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, ECOA

See all updates »

SEC Sends Warning to General Partners of Funds Receiving Finders’ and Other Fees

On June 1, 2016, the SEC sent a warning to general partners of private investment funds (including private equity funds, hedge funds, venture capital funds and leveraged buyout funds) by entering into a settlement agreement with…more

Broker-Dealer, Financial Institutions, Financial Markets, Private Investment Funds, Registration Requirement

See all updates »

Navigating the CIPA Landscape: Understanding Tracking Technology Litigation and Compliance Strategies

Last year saw a flurry of website tracking technology litigation sparked by a broad interpretation of invasion of privacy laws that were not originally intended to apply to online technologies. Unfortunately, hopes of clarity…more

Class Action, Compliance, Invasion of Privacy, Proposed Legislation, Technology Sector

See all updates »

FTC Issues Final Rule Banning Most Non-Compete Agreements: Takeaways and Next Steps for Employers

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to promulgate a Final Rule that prohibits the use of almost all non-compete clauses in employment contracts. Absent an effective legal challenge delaying or…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Client Alert: Leveraging QPRTs in a High Interest Rate Environment

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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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