$600 Million Available for Rural Broadband Deployment Through New RUS Program

Davis Wright Tremaine LLP
Contact

Davis Wright Tremaine LLP

The USDA’s Rural Utilities Service (RUS) recently announced that it is launching a new $600 million program to fund the deployment of broadband Internet access services throughout rural America. Applications will be accepted beginning on April 23, 2019 with filing deadlines on May 31, 2019, June 21, 2019, July 12, 2019; depending upon whether the application seeks a grant, a loan or a loan/grant combination. The new program, dubbed the “ReConnect Program,” will make funding available in the form of grants and loans (including a combination thereof). While the target of the ReConnect Program is similar to the FCC’s Connect Ameica Fund (CAF), as outlined below there are key differences between this funding opportunity and the CAF program. This advisory provides an overview of the ReConnect program and highlights key eligibility and application requirements.

I. FUNDING OPPORTUNITIES

The $600 million of available funding under this program will be divided evenly among three mechanisms: 1) loans, 2) grants, or 3) a combined loan/grant instrument.

Loans. $200 million has been set aside for participants seeking loans. The maximum loan amount that the RUS may issue is $50 million. All loans will be subject to a favorable fixed interest rate of 2 percent. Loan recipients must propose to build a network capable of providing service to every premise in the proposed funded service area at speeds of 25 Mbps downstream/3 Mbps upstream. 

Eligible areas for this type of loan are those in which 90 percent of the households lack broadband at speeds of at least 10 Mbps/1 Mbps. Applications can now be filed and will be considered on a rolling basis through July 12, 2019. Finally, if more than one application seeks funding for the same service area, RUS will generally consider those applications in the order in which they were received.

Grants. Another $200 million will be available for participants seeking grants. The maximum amount of any one grant that RUS may issue is $25 million. Grant recipients must provide a matching contribution of 25 percent of the cost of the overall project, and grant funding may only be used for certain eligible purposes, such as construction and improvement of facilities used to provision the minimum eligible level or service, or reasonable pre-application expenses up to 5 percent of the total award. Grants will be subject to the same 25 Mbps/3 Mbps speed requirement, although additional points will be awarded in the scoring of the application for applicants that propose to deliver 100 Mbps symmetrical service.

Notably, grants will only be available in areas completely lacking broadband speeds of at least 10 Mbps/1 Mbps (i.e., 100 percent of the locations in the proposed service area). Applications for grants will also be considered on a rolling basis ending on May 31, 2019. All eligible applications will be scored according to the criteria described below, and where there are applications for overlapping service areas, the higher scoring application will prevail.

Loan/Grant Combinations. The final $200 million tranche of funding will be available through instruments structured as combined loans/grants. The maximum loan amount that the RUS may issue under this mechanism is $50 million, which may be allocated in any proportion. The loan component of this instrument will be subject to a fixed interest rate will be set at the then-existing Treasury rate. Recipients of the loan/grant instrument must propose to build a network capable of providing 25 Mbps/3 Mbps broadband service to each premise in the service area.

Eligible areas for this type of funding are those in which 90 percent of the households lack 10 Mbps/1 Mbps broadband service. Applications for loan and grant combinations will be considered on a rolling basis, ending on June 21, 2019. All eligible applications will be scored according to the criteria described below, and where there are overlapping applications the higher scoring applicant will prevail.

Scoring Criteria. The scoring criteria for the grant and grant/loan applications are as follows.

  • “Rurality” of proposed funded service area25 points will be awarded for serving the least dense rural areas, as measured by population per square mile.
  • Farms served – possible 20 points total; applicant will receive 1 point for each farm that pre-subscribes for broadband service up to a maximum of 20 points.
  • Performance of the offered service20 points for projects that propose to build a network capable of providing at least 100 Mbps “symmetrical service” to all premises.
  • Businesses – possible 15 points total; applicants will be awarded 1 point for each business that pre-subscribes for broadband service up to a maximum of 15 points.
  • Healthcare centers – possible 15 points total; applicants will be awarded 1 point for every healthcare center served up to a maximum of 15 points.
  • Educational facilities – possible 15 points total; applicants will be awarded 1 point for every school served up to a maximum of 15 points.
  • Critical community facilities – possible 15 points total; applicants will be awarded 1 point for every critical community facility (e.g. emergency response and other public safety activities, hospitals and clinics, libraries and schools) served up to a maximum of 15 points.
  • Tribal lands – possible 5 points total available for applicants showing that, at a minimum, 50 percent of the geographical area of the proposed funded service area is to provide service on tribal lands.
  • EM>State broadband activity – possible 20 points total; 10 points for projects proposed in states with a broadband plan that has been updated within the past five years; an additional 5 points will be awarded to projects located in states that do not restrict utilities from delivering broadband service; and 5 more points will be awarded for projects located in states that expedite right-of-way and environmental requirements.

II. ELIGIBILITY REQUIREMENTS AND RESTRICTIONS

Parties interested in applying for ReConnect funding should also be aware of a number of eligibility requirements and restrictions, both in terms of the areas that may be served and the entities that may apply.

Eligible Areas. ReConnect funding will available in rural areas where 90 percent (100 percent for grants) of households lack 10Mbps/1Mbps broadband service. The RUS’ announcement defines the term “rural area” as: “any area not located within: (1) A city, town, or incorporated that has a population of greater than 20,000 inhabitants; or (2) an urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants.” This definition differs slightly from the definition of the same term used in the context of RUS’ existing Community Connect grant program, which explicitly refers to areas “confirmed” as rural by the Census process. Although the ReConnect definition does not reference the Census, applicants may nevertheless wish to define their proposed service areas by referencing Census blocks or Census block groups.

Applications must include a map of the proposed funded service area. Existing providers will have 30 calendar days to challenge the application by filing a corrected map showing where they already provide broadband service of 10Mbps/1Mbps. In the case of an overlap in proposed service areas, RUS may request one or more applicants to modify the proposed territory, or it may choose the strongest application that covers the area of overlap.

Finally, the RUS’ announcement states that “[a]pplicants must propose to provide broadband service directly to the premises” in the proposed service area. Although it does not elaborate further, this language seems to indicate a requirement that it is not sufficient to build out middle-mile or backbone facilities that do not reach end users’ premises.

Financially Sound Applicants. While nearly any type of business, state or local government entity, or cooperative organization may apply for ReConnect funding, these entities must demonstrate that they are financially qualified. Applicants must submit unqualified, audited financial statements for the prior two years. The RUS has made clear that it will not consider financial statements that include any disclaimers or adverse opinions.

Financially Feasible and Sustainable Projects. Applications for ReConnect funding must include cost projections certified by a professional engineer, fully account for all funding sources, and include supporting documentation, such as bank account statements, equity partner letters of commitment, and loan documentation. Applicants may not commit as collateral to the ReConnect program any collateral used in support of any other loan. Moreover, applicants must demonstrate that the proposed project will generate sufficient revenues to cover expenses (including any debt service) and will result in a positive cash flow at the end of each year. Applicants with existing debt or that propose to borrow funds during the term of the project must also meet specific debt-to-earnings and debt-to-cash ratios.

Applications to receive ReConnect funding for service areas that had previously benefitted from RUS loans or grants, federal Connect America Fund subsidies or state funding, are subject to additional restrictions. For example, areas that had previously benefitted from RUS Broadband Initiatives Program (“BIP”) grant are eligible if the current service does not meet the 10/1 Mbps standard, but if the applicant is the same entity as the BIP grantee, then the applicant may only apply for a ReConnect loan.

Technically Feasible and Sustainable Projects. A professional engineer must certify the network design, network diagram, and a buildout timeline for each proposed ReConnect project, and successful applicants must complete their network buildouts within five years of the funding disbursement. A professional engineer must also certify that the proposed network will be capable of providing 10Mbps/1Mbps broadband service to all premises located in the proposed service area.

Please refer to the text of the federal register announcement or the RUS ReConnect website for an exhaustive list of all requirements and restrictions.

III. APPLICATION PROCESS AND REQUIREMENTS

Carriers that qualify to receive funding through the ReConnect Program must complete and submit an application that includes several components. Below we highlight the key application requirements that interested carriers should review to determine whether they would wish participate in the ReConnect program.

Many of the ReConnect program application requirements are similar to those found in the FCC’s Connect America Fund Phase II application, but there are some significant differences for ReConnect funding. Limit to One Application

Even though the ReConnect fund offers three different types of funding opportunities (100 percent loan, 50 percent loan/50 percent grant, and 100 percent loan) applicants are limited to a single application for only one type of funding.

Application Deadlines. Each type of funding has a separate deadline by which applications are due. The application deadline for each type of funding is as follows:

  • 100 percent Grant – May 31, 2019
  • Loan/Grant – June 21, 2019
  • 100 percent Loan – July 12, 2019

Contents of the Application. Applications must include the following:

  • The estimated dollar amount of the funding request.
  • An executive summary of the proposed project.
    o This summary should at least include a detailed description of existing operations, discussion of key management and workforce, and interactions between affiliates and their part in the proposed project.
  • A description of the proposed funded service area.
    o This should include the number of premises passed.
    o Applicants are also required to include a map of the proposed funded service areas utilizing the RUS Mapping Tool.
  • Subscriber Projections
    o This should be broken down into number of subscribers for broadband, video and voice services, and any other service that may be offered, and a description of how the applicant plans to make the services affordable.
    o Notably, RUS includes a Pre-Subscription Form on the ReConnect website that applicants can use to demonstrate the presence of subscribers.
  • Description of the advertised prices of service offering by competitors in the same area.
  • Network Design Description
    o The network design description is perhaps one of the most important parts of the application. Applicants should include a description of the proposed technology used to deliver the broadband service, which demonstrates that all locations in the proposed funded service area can be offered broadband service.
    o Importantly, applicants must have a professional engineer certify that the proposed network can delivery broadband service to all premises in the proposed funded service area at the minimum required service level.  As described above, applicants proposing speeds of 100 Mbps symmetrical service will receive additional points. All applicants must complete a certification form that is signed by a professional engineer attesting to the performance of the proposed network.
  • Resumes of Key Management Personnel
  • Legal Opinion Letter
    o The legal opinion must: (1) address the applicant’s ability to enter into the award documents; (2) describe all material pending litigation matters; (3) address the applicant’s ability to pledge security as required by the award documents; and (4) address the applicant’s ability to provide broadband service under state law
  • Itemized Budgets
    o The applicant must provide a summary and itemized budgets of the infrastructure costs of the proposed project.
  • Working Capital
    o The applicant must provide a detailed description of working capital requirements and the source of the funds.
  • Historical Financial Statements
    o Applicants must provide financial statements for the last four years consisting of a balance sheet, income statement, and cash flow statement. If an applicant has not been operational for four years, the statements must reflect the period of time the applicant has been operating.
  • Audited Financial Statements
    o Applicants are required to provide audited financial statements for the previous two calendar years. 
    o As in the Connect America Fund Phase II application process, obtaining audited financial statements may be an issue for smaller applicants. Please contact DWT to discuss options.
  • Pro Forma Financial Analysiso Applicants are required to provide a financial analysis in conformity with GAAP and the USDA’s guidance on grant accounting, which validates the sustainability of the project.
  • RUS Application Attachments
  • Scoring sheet for use by RUS.
  • List of Outstanding and Contingent Obligations
    o Applicants are required to submit a list of outstanding obligations, including existing notes, loan and security agreements, guarantees, existing management or service agreements, etc.
  • Environmental Information
    o Applicants are required to certify that the proposed construction meets the requirements of the National Environmental Policy Act.
  • Applicant Certification
    o Applicants are required to certify that their agreements with, or obligations to investors, do not breach the obligations to RUS under the draft Award Documents.

Please refer to the text of the federal register announcement or the RUS ReConnect website for an exhaustive list of all application requirements.

Notice of Proposed Funded Service Areas.

After receiving a completed application, RUS will publish a public notice on the ReConnect website providing any existing service providers the opportunity to file documentation demonstrating that the area is already sufficiently served. RUS will request such service providers to file information regarding:

  • The number of residential and business subscribers receiving 10/1 Mbps service in the applicant’s proposed funded service area(s);
  • The number of residential and business subscribers receiving voice and video service and the associated rates in the applicant’s proposed funded service areas; and
  • A map showing where the existing service provider’s services coincide with the applicant’s proposed funded service area

Once RUS has determined that an applicant should be awarded funding, the USDA will issue an offer letter and award documents with an award notification.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Davis Wright Tremaine LLP | Attorney Advertising

Written by:

Davis Wright Tremaine LLP
Contact
more
less

Davis Wright Tremaine LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

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 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.