Asbestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided to Navy

by Low, Ball & Lynch

Gary Kase v. Metalclad Insulation Corporation

California Court of Appeal, First Appellate District (November 22, 2016)

The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and equipment. The defense protects the federal government’s exercise of discretion and judgment in its contract specifications and designs. This case considers whether the defense is available to a broker which arranged for asbestos-containing insulation to be shipped to a Naval Shipyard, where workers packed it around submarine piping. The broker provided the insulation under detailed performance and testing specifications of the Navy, but which specifications did not explicitly call for asbestos in the insulation. An earlier Ninth Circuit decision had concluded the defense was not available where the same product was also commercially available. Rejecting the Ninth Circuit’s analysis, the Court of Appeal determined the defense was available under the circumstances, which included Navy knowledge of the dangers of asbestos, reasonably precise specifications and extensive Navy study and testing of the product, although the product was also commercially available.

With Boyle v. United Technologies Corp. (1988) 487 U.S. 500, the Supreme Court set out the government contractor defense. It held that the government, itself, need not design the allegedly defective product for the defense to apply. The government may select a design, and so long as the government thoroughly reviews and makes a considered judgment call about the design, the defense can apply. By way of contrast, the court explained the defense will not apply if the government procures a stock helicopter designated solely by the manufacturer’s model number and which has the complained of defect. In such a case, the court said, the manufacturer could meet both its contractual obligation to the government and its alleged design duty under state law. There would be no significant conflict between federal interests and state law, rendering the defense unavailable under those circumstances.

Unibestos is asbestos-containing insulation that has been available for decades. In January, 1936, the United States Navy commissioned a 30-day study to determine Unibestos’s suitability for military use. The study determined Unibestos had satisfactory heat insulating properties and was light weight (which was desirable), but questions remained whether it had sufficient stability to meet naval needs. The Navy conducted a six-month, follow-on study regarding stability. It also conducted a further study establishing Unibestos’s performance at high temperatures. Thereafter, the Navy used Unibestos on its vessels, and the product was subsequently ordered under Navy specifications, which specifically called for asbestos in insulation.

In August 1968, Metalclad brokered a delivery of Unibestos from Pittsburgh Corning to the Navy. The purchase order called for insulation material, pipe, thermal, tubular, molded under military specifications MIL-I-24244(SHIPS) DTD 66 AUG 22, type I, and amendment 1 DTD 68 FEB 15, and MIL-I-2781. Specification MIL-I-2781 defined grades of insulation, each grade capable of shielding different temperatures. It specified the size and shape of compliant insulation and defined various physical requirements to be confirmed by testing: maximum density, thermal conductivity, weight loss after tumbling, modulus of rupture, and changes after soaking heat. Compliant insulation had to be composed of heat-resisting compounds suitable for the temperature conditions and the purpose intended.

The Navy first issued specification MIL-I-2781 in 1955, and stopped expressly calling out for asbestos in insulation used to protect its equipment. However, during the 1955–1973 timeframe, the Navy viewed asbestos as an expected material in insulation products provided under the specification, and asbestos-containing products were sometimes the only products preapproved for certain grades of insulation. The list of prequalified products for certain grades of insulation attached to the version of MIL-I-2781 in effect in 1968 listed Unibestos as the only prequalified product in several grades. Metalclad‘ s expert in Navy ship design and construction, Dan Heflin, Jr., declared that based on his personal knowledge of military specifications and review of documents, to meet the needs expressed in MIL-l-24244, a product that contained asbestos was required. There was no evidence in the record to the contrary.

The Navy’s contract with Metalclad additionally called for various inspections and
tests of the insulation, including inspections and tests at the Pittsburgh Corning manufacturing plant in Tyler, Texas by the Defense Contract Administration Services (DCAS). DCAS, according to Metalclad’s expert, was the military’s “eyes and the ears”. Each lot of the supplied Unibestos had to measure up to the specifications.

During the 1970‘s, Kase worked shoulder to shoulder on various Navy ships with those who were cutting, installing, removing and disturbing Unibestos. He also assisted in loading boxes of Unibestos onto those vessels. Kase and his wife sued Metalclad and numerous other entities, asserting claims based on his asbestos exposure. After answering the complaint, Metalclad moved for summary judgment or summary adjudication on two grounds: the government contractor defense precluded the design defect claims and there was no triable issue as to causation as to the failure to warn claims (i.e., an asbestos warning by Metalclad would have been impossible and futile).

On Kase‘s design defect claims, the trial court ruled: The United States government approved precise specifications for the Metalclad-supplied Unibestos used; the Metalclad- supplied Unibestos conformed to the government‘s specification; and Metalclad had no duty to warn the government because the government was well aware of the potential hazards of asbestos. Further, Pittsburgh Corning, the manufacturer of the Unibestos supplied by Metalclad, provided warnings on the packaging of the Unibestos. On his failure to warn claims, the trial court ruled: Metalclad presented uncontroverted evidence that a warning was provided on the boxes of Unibestos by the manufacturer Pittsburgh Corning, but that warning did not prevent Plaintiff Gary Kase from exposure. A warning given by Metalclad would not have affected how the Unibestos was used by the Navy, or prevented Mr. Kase‘s alleged exposure. As a matter of law, any failure to warn by Metalclad was not a substantial factor in causing Mr. Kase‘s alleged exposure to asbestos from Unibestos insulation.

The Court of Appeal began its review with an examination of Boyle. Boyle arose from a helicopter crash in which a Marine copilot drowned because he could not escape from the aircraft, allegedly because of a poorly designed escape hatch mechanism by which the hatch opened outwards, instead of inwards, and against the weight of the water. The aircraft manufacturer invoked the government contractor defense, arguing it had followed military specifications in constructing the hatch.

The Supreme Court both endorsed and outlined the defense. It first described federal procurement from third parties as involving a uniquely federal interest, observing that imposing liability on Government contractors would directly affect the terms of Government contracts: either the contractor would decline to manufacture the design specified by the Government, or it would raise its price. Either way, the interests of the United States would be directly affected. The fact government procurement is an area of uniquely federal interest will not, alone, however, support a defense for the contractor. State law, ruled the high court, will be displaced only when a significant conflict exists between an identifiable federal policy or interest and the operation of state law. The court illustrated when there would be no significant conflict between federal interests and applying state tort law: If the United States contracts for the purchase and installation of an air conditioning unit, specifying the cooling capacity but not the precise manner of construction, a state law imposing upon the manufacturer of such units a duty of care to include a certain safety feature would not be a duty identical to anything promised the Government, but neither would it be contrary. The contractor could comply with both its contractual obligations and the state-prescribed duty of care. The case before it in Boyle, said the Supreme Court, was entirely different. The asserted basis of the contractor‘s liability (specifically, the duty to equip helicopters with the sort of escape-hatch mechanism petitioner claims was necessary) was precisely contrary to the duty imposed by the Government contract (the duty to manufacture and deliver helicopters with the sort of escape-hatch mechanism shown by the specifications). There was a significant conflict between the federal government’s design requirements and the asserted state law design requirement.

The Supreme Court posited a variation of the helicopter scenario that would not support the defense. If a federal procurement officer orders, by model number, a quantity of stock helicopters that happen to be equipped with escape hatches opening outward, it is impossible to say that the Government has a significant interest in that feature. That would be scarcely more reasonable than saying that a private individual who orders such a craft by model number cannot sue for the manufacturer‘s negligence because he got precisely what he ordered.

It was this latter example, the Court of Appeal said, that led the Ninth Circuit Court of Appeals to pronounce the defense inapplicable to goods readily available, in substantially similar form, to commercial users and to conclude the defense was not available to the insulation manufacturers in that case. In re Hawaii Federal Asbestos Cases (9th Cir. 1992) 960 F.2d 806. Since then, however, several courts have taken a more expansive view and concluded the fact a product has some commercial market does not preclude the defense. One federal court has stated there is no off-the-shelf limitation to its application. Miller v. Diamond Shamrock Co. (5th Cir. 2001) 275 F.3d 414.

The Supreme Court then adopted the three-prong test several circuit courts had used to determine when the defense applied, the requirements being: (1) the United States approved reasonably precise specifications; (2) the equipment conformed to those specifications; and (3) the supplier warned the United States about the dangers in using the equipment known to the supplier but not to the United States. The first two requirements insure the suit is within the area where the policy of the “discretionary function” would be frustrated, that is, they insure that that design feature was considered by a Government officer and not merely by the contractor itself.

In urging reversal of the summary judgment on his design defect claims, Kase focused primarily on the first requirement of the government contractor defense—that the United States approved reasonably precise specifications pertaining to the alleged design defect (i.e., asbestos in the insulation Metalclad supplied to the naval shipyard). Kase repeatedly pointed out that while the Navy studied and rigorously tested Unibestos, it did not design or manufacturer the insulation. According to Kase, Unibestos is a common commercial product, no different from the air conditioner or stock helicopter referenced by the United States Supreme Court in Boyle. He contended there was a triable issue whether the insulation was military equipment, the procurement of which was a discretionary function within the meaning of Boyle. Kase relied on the Ninth Circuit opinion in Hawaii, supra.

The Court of Appeal reasoned that the Supreme Court, in Boyle, did not limit the defense to exclude the procurement of products also sold commercially. Rather, the point the high court was making was that, where a purchase does not involve reasonably precise specifications bearing on the challenged design feature, the government has not made a considered evaluation of and affirmative judgment call about the design. That could not be said, however, about the Navy’s procurement of the asbestos insulation at issue here— made after years of evaluating and weighing the utility of and the health hazards associated with asbestos products and under specifications that, according to the evidence in the record, required an asbestos product.

Metalclad submitted evidence of extensive studies and reports documenting the Navy‘s own ongoing investigations of asbestos hazards and its staying abreast of civilian research on the subject. Metalclad additionally presented evidence that before 1955, Navy specifications for insulation expressly called out for asbestos. In 1955, the Navy issued specification MIL-I-2781, defining grades of insulation (each grade reflecting different shield temperatures), specifying the size and shape of compliant insulation, and defining various physical requirements to be confirmed by testing (maximum density, thermal conductivity, weight loss after tumbling, modulus of rupture, and changes after soaking heat). Compliant insulation had to be composed of heat resisting compounds suitable for the temperature conditions and the purpose intended. A 1967 Naval ships technical manual described qualifying thermal insulation pipe covering, (i.e., Unibestos). Metalclad‘s expert in Navy ship design and construction, Dan Heflin, Jr., declared, based on his personal knowledge of military specifications and review of documents, that to meet the needs expressed in MIL-l-24244, a product that contained asbestos was required. The Court concluded this case deals with the procurement of a product known to and studied by the Navy for decades and which the Navy knew had serious health risks. Yet, it decided to use, and to continue using, this asbestos product in its naval vessels until the 1970‘s.

Kase pointed out that the Navy‘s purchase order issued to Metalclad did not expressly call out for asbestos in the requisitioned insulation, but rather, referenced specifications MIL-I-2781 and MIL-I-24244. The Court found, however, that the evidence in the record was uncontroverted that to comply with these specifications an asbestos-containing insulation was required.

Kase also maintained there was a triable issue on the third requirement of the government contractor defense: that the defendant warn the United States about the dangers in using the product known to the supplier but not to the United States. The Court found, however, that no warning must be made when the United States already knew of the danger. The Court summarized the evidence regarding the Navy‘s extensive knowledge of the health risks of asbestos products. In addition, Metalclad‘s expert, Robert Strode, testified that the Navy‘s resources and knowledge regarding asbestos hazards and controls during the late 1960‘s and early 1970‘s would have represented the state of the art, and there was no basis to conclude that an insulation contractor such as Metalclad would have had any information or knowledge concerning asbestos insulation hazards that was not already known to the U.S. Navy.

The Court therefore concluded that Kase had not raised a triable issue on the requirements of the government contractor defense on his design defect claims.

The Court then considered Kase’s failure to warn claims. California recognizes failure to warn claims under both strict liability and negligence theories. A product seller will be strictly liable for failure to warn if a warning was feasible and the absence of a warning caused the plaintiff‘s injury. Reasonableness of the seller’s failure to warn is immaterial in the strict liability context. Conversely, to prevail on a claim for negligent failure to warn, the plaintiff must prove that the seller’s conduct fell below the standard of care. If a prudent seller would have acted reasonably in not giving a warning, the seller will not have been negligent. While the government contractor defense can apply to failure to warn claims, Metalclad did not invoke it in the trial court on Kase’s failure to warn claims, nor did the trial court consider it. Rather, Metalclad made a causation argument and continued to defend the summary judgment on Kase’s failure to warn claims on that basis.

The Court found that the evidence on causation was uncontroverted. The purchase order required that every container for the insulation be marked under a Navy specification. The specification did not permit additional markings to be placed on shipping. Container markings could have been mistaken for any of the required markings and were not permitted. Metalclad acknowledged that Pittsburgh Corning printed a warning on boxes of Unibestos in November 1968. Kase never claimed to have seen any of the shipping containers for Unibestos. Rather, he recalled seeing stored cardboard boxes of Unibestos subsequently carried to the submarines on which he was working. He saw no warnings on the individual boxes of insulation.

Since the evidence was uncontroverted that Metalclad never had possession of the Unibestos and there was no evidence Kase ever saw a shipping container, the question as the Court saw it was whether there was any substantial evidence raising a triable issue that Metalclad could have required Pittsburgh Corning to place a warning label on each box of the product before Pittsburgh Corning did so itself. The Court concluded there was no evidence whether Metalclad could have directed Pittsburgh Corning to place an asbestos warning on the boxes of Unibestos, or whether Pittsburgh Corning could have, or would have, complied with such a request. On the record , the Court concluded those were matters of speculation, which do not, and cannot, raise a triable issue.

On this basis, the Court affirmed the grant of summary judgment.


The Government Contractor defense is limited in its applicability but, where it applies, it provides a complete defense. This opinion takes a broader approach regarding the applicability of the defense to commercially available products than did the Ninth Circuit when it considered the issue. It will remain for the California Supreme Court to bring final clarity whether this opinion or the Ninth Circuit’s will be the standard in state court cases.

For a copy of the complete decision, see: Gary Kase v Metalclad Insulation Corporation

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.

© Low, Ball & Lynch | Attorney Advertising

Written by:

Low, Ball & Lynch

Low, Ball & Lynch 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 (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

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 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 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 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

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:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (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
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit 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 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:

- 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.