Action Items for Illinois Employers in 2019

by Clark Hill PLC

2019 is here.  Now is a great time for employers in Illinois to consider if and how they want to address new employment laws and workplace trends that will impact 2019 and beyond.  New military leave procedures, class action waivers, expense reimbursement, and commission plans are just some of the action items that Illinois employers may want to address in 2019. Here is an A, B, C “To Do” List for Illinois employers in 2019:


Military Leave: The Illinois Service Member Employment and Reemployment Rights Act (ISERRA) is effective on January 1, 2019 and may require employers in Illinois to revise their existing military leave policies because it repeals the prior patchwork of state military leave laws.  Among other unique protections, an Illinois employee on military leave must receive:

  • An average of 3 years’ performance evaluation ratings, as long as the average is not less than the rating received just prior to military service.
  • Full salary continuation for annual training service for up to 30 non-consecutive days each calendar year.

Illinois employers will have to post a notice of rights and benefits under the  ISERRA (which can be found here).

Paid Breaks for Nursing Mothers: Under new amendments to the Illinois Nursing Mothers in the Workplace Act, Illinois employers should consider if they need to revise their policies and procedures to meet a new requirement to provide “reasonable” paid breaks (that may run concurrently with other available break time) each time employees who are nursing parents need to express milk at work unless these breaks would constitute an “undue hardship” as defined by the Illinois Human Rights Act (“IHRA”).

Paid Sick Leave under Cook County and Chicago Ordinances: Employers in Cook County, IL, but located outside of Chicago may want to  check if their municipality has opted out or into the Cook County Earned Sick Leave Ordinance.  Over 100 of Cook County’s 132 municipalities have opted out of the Ordinance’s paid sick leave requirements since it was enacted in 2017.  Wilmette voted in 2018 to continue to opt out of the sick leave requirements, but opted into its minimum wage increases.  Western Springs and Northbrook, IL opted back into both aspects of the Ordinance effective Jan. 1, 2019.

Employers in Chicago may also want to  review their paid sick leave compliance because the City formed the Office of Labor Standards that, effective January 1, 2019, is tasked with more rigorously enforcing Chicago’s paid sick leave and other employment ordinances. Penalties can include suspension or revocation of an employer’s business license.

Alternative Dispute Resolution (ADR) – Class Action Waivers

Employers in Illinois may also want to consider adding class action waivers to their ADR procedures, including mandatory arbitration agreements. 

  • Properly drafted class action waivers (i.e., provisions that preclude employees from bringing employment claims as class and collective actions) are now enforceable in Illinois after the U.S. Supreme Court in Epic Systems Corp. v. Lewis (U.S. 2018) reversed the Seventh Circuit’s anti-class action waiver decision.
  • Illinois employers, however, may want to consider whether or not to carve out sexual harassment and sexual assault claims from mandatory arbitration agreements or other confidential ADR procedures.  Google, Facebook, Microsoft, Uber, and several large law firms have voluntarily given up mandatory arbitration and confidentiality requirements for employees who bring sex harassment and sexual assault claims, due to the #MeToo movement and similar pressures.
  • Employers may also want to reconsider their use of confidentiality and non-disclosure agreements when addressing sexual harassment or sexual abuse claims.  New Internal Revenue Code Section 162(q) precludes employers from taking business deductions for settlement payments and attorneys’ fees “related to” confidential resolutions of such claims.

Anti-Discrimination/Harassment Poster

Illinois employers should be aware that there is a new mandatory notice entitled “You have the Right to Be Free From Job Discrimination and Sexual Harassment” (which can be found here and here)  that has been prepared by the Illinois Department of Human Rights (IDHR) to provide additional information on employee rights under the Illinois Human Rights Act(IHRA), including the right to be free from sexual harassment, the right to reasonable accommodations for employees who are pregnant or have a disability, and the right to be free from retaliation for exercising rights under the Act.

The notice also provides three options for reporting discrimination, including contacting the Illinois Sexual Harassment and Discrimination Helpline.  The amendments took effect in September 2018, but the new notice was released only recently.

Background Checks

The New “Summary of Your Rights” Form: There is a new version of the form entitled “A Summary of Your Rights” (found here) that all employers must now provide to applicants and employees at various stages when obtaining and using “consumer reports” (background checks) conducted by third-party consumer reporting agencies (such as a credit-reporting company, a record-checking company, or an investigative firm).

The 2018 federal Economic Growth, Regulatory Relief, and Consumer Protection Act amended the Fair Credit Reporting Act (FCRA).  Now, whenever the FCRA requires that a “consumer” (which includes applicants and employees) receive a “Summary of Consumer Rights” form, it must be the new form that has been amended to include a notice that, free of charge to consumers, nationwide consumer reporting agencies must provide a “national security freeze” that restricts prospective lenders from obtaining access to the consumer’s background report.

When Illinois employers replace their old “Summary of Consumer Rights” forms with this new form, they may also want to re-examine  their procedures to comply with the FCRA’s “stand-alone” disclosure and affirmative authorization requirements, the notice requirement before and after taking an adverse employment action based on a consumer report, as well as applicable Illinois “ban the box” limitations on criminal history inquiries and other laws affecting background checks.

Biometric Information

Illinois employers are increasingly using or considering the use of employee’s fingerprints, facial recognition software, voice or retina scans and other forms of biometric information for attendance, access to company equipment or data, immigration compliance, or security purposes.  These Illinois employers may also want to  continue to reevaluate their compliance with the strict written disclosure and consent provisions of the Illinois Biometric Information Privacy Act (BIPA).

  • The Illinois BIPA is one of only three state law of its kind in the US, but the only one that provides employees with a private cause of action for liquidated damages of up to $5,000 for each willful violation and attorneys’ fees.
  • In the past two years, over 100 BIPA class action laws have been filed (which is yet another reason to consider utilizinge class action waivers) against Facebook, Southwestern Airlines, Google, Shutterfly, to name a few high-profile targets.
  • On Sept. 28, 2018, the Illinois Appellate Court’s First District (covering Chicago and surrounding Cook County) in Sekura v. Krishna Schaumburg Tan Inc. revived a previously dismissed BIPA class action.  The Sekura court rejected a line of cases holding that an “aggrieved person” under BIPA must allege some additional injury resulting from an employer’s collection, use or disclosure of biometric information. Instead, the Illinois Appellate Court joined federal court decisions holding that simply alleging noncompliance with the BIPA’s procedural requirements was enough to state a cause of action.
  • The Illinois Supreme Court appears poised to decide the scope of an “aggrieved person” under the BIPA, as the Sekura case and another BIPA decision are currently on appeal.

In the meantime, Illinois employer may want to  consider the following measures to reduce the threat of BIPA liability:

  • Adopt mandatory arbitration agreements with class action waivers that cover BIPA claims. 
  • Develop or review existing written policies and procedures to provide notice to employees and other affected persons about the employer’s procedures for the collection, storage, use, transmission, and destruction of biometric information.
  • Institute written procedures and forms to obtain written and signed consent forms (whether via e-signatures or with “wet” signatures on hard-copies) from all affected persons (including employees and consumers who provide biometric information).
  • Establish written policies and procedures to protect biometric information that (i) utilize security measures commensurate with best practices used in the industry, such as the security used to protect trade secrets and HIPAA-protected medical data, (ii) provide accommodations for those unable or unwilling to provide biometric information due to a disability or religious objections, and (iii) establish response protocols in the event of a data breach involving biometric information.


Expense Reimbursement: Illinois employers may also want to  review and revise their expense reimbursement policies to comply with recent amendments to the Illinois Wage Payment and Collection Act (IWPCA).  Effective January 1, 2019, in Illinois:

[a]n employer shall reimburse an employee for all necessary expenditures or losses incurred by the employee within the employee's scope of employment and directly related to services performed for the employer.

In order to comply with the new IWPCA amendments and avoid unanticipated reimbursements, Illinois employers should consider establishing new written policies or re-examining existing policies so that the policies “authorize or require” the employee to incur the expense and contain specific limits for reimbursable expenses, BUT the policies cannot provide only “minimal” or no reimbursement.

A written reimbursement policy may require that employees request reimbursement, with supporting documentation, within 30 days of incurring the expense.  BUT the employer may not shorten the 30-day period for submitting expense reimbursement requests, though the policy may provide a longer period; BUT if an employee losses a receipt or never receives one, the employer must accept the employee’s signed statement as sufficient documentation for the expense.

Commission Plans, Bonuses and Incentive Compensation: Illinois employers should also consider reviewing and revising their 2019 written commission, bonus and incentive compensation plans, if feasible, in light of the Seventh Circuit’s 2018 decision in Sutula-Johnson v. Office Depot

In Sutula-Johnson, following a merger of with OfficeMax, Office Depot eliminated a prior commission plan for furniture salespeople and established a new compensation plan involving a salary and “incentive payments” that were “accrued” upon invoicing, but were not “earned” until Office Depot actually paid the incentive payments, usually 45 days after the end of each quarter. 

Because both plans contained contractual disclaimer language that allowed the plans to revised or terminated (as to unearned compensation), the Seventh Circuit rejected a breach of contract claim based on the change of plans.

However, the Seventh Circuit held that (i) Office Depot’s incentive payments were really commissions (because they were calculated based on the value of the sale) and (ii) paying such commissions 45 days after the end of each quarter violated the IWPCA’s requirement that “earned” commissions must be paid on a monthly basis.

The Seventh Circuit’s decision in Sutula-Johnson v. Office Depot is problematic for employers in Illinois because:

  • The Seventh Circuit gave no weight to the plan provisions that the commissions were not earned until paid.
  • It ignored the IWPCA’s regulation that states: "to be entitled to receive compensation for a commission under the [IWPCA], the commission must be earned under the terms of the agreement or contract." (emphasis added).
  • It held for the first time that an employer cannot “impos[e] an arbitrary date on which wages are earned, completely unrelated to the employee’s duties.” (emphasis added).
  • It determined that the incentive payments were “earned” for purposes of the IWPCA, not based on the “terms of the agreement or contract,” but on when the employee completes all work on the sale.

Consequently, in order to avoid potential IWPCA liability and the budgeting and cash flow issues that may arise from having to pay commissions before transactions are completed and sales proceeds are received, Illinois employers may want to revisit  2019 commission plans that are not already in effect or that can be revised:

  • To determine whether or not to add a provision requiring an employee complete all work on a sale in order to “earn” a commission and to define  all of the work that an employee must complete in order to “earn” a commission on a sale.
  • To consider if it is feasible and advisable to add plan provisions that sales employees have continuing responsibilities to assist in completing the entire transaction beyond getting the customer to “sign on the dotted line,” (such as helping employers obtain payment in full from customers, handling returns and post-sale adjustments, and resolving disputes).   

Illinois Equal Pay Act (IEPA) Amendment: An amendment to Illinois’s Equal Pay Act of 2003 (“IEPA”) effective January 1, 2019, will prohibit pay discrimination between African-Americans and non-African-Americans (as well as between male and female employees) who perform “the same or substantially similar work” on jobs that require equal skill, effort, and responsibility, and for work that is performed under “similar working conditions.”  The amended IEPA allows wage differentials pursuant to a seniority system, merit system, a system that measures earnings by quantity or quality of production, or any other wage differential based on any factor “other than race.” 

Illinois employers may want to consider whether or not to perform race and/or gender pay equity audits to determine which jobs are sufficiently similar, if there are race/gender pay disparaties between these similar jobs, whether the pay disparities are legally significant, and if they can be explained by lawful reasons.  Whether to conduct a pay equity audit and how to do so should be decided in consultation with experienced legal counsel, lest the audit become a “smoking gun” that may be used against the employer in an IEPA lawsuit.  Class action waivers and arbitration agreements that Illinois employers may want to consider when addressing the expanded potential liability under recent IEPA amendment. 

Salary and Wage Inquiries: For now, Illinois does not bar employers from inquiring about or screening applicants based on salary and wage history, as the legislature in 2018 failed to override a veto of such legislation by out-going Governor Rauner.  This may change in 2019 with a new administration in Illinois and 20 other states and municipalities (most recently Massachusetts) barring salary history inquiries.

Effective April 10, 2018, the City of Chicago issued an order that City departments may not ask for applicants’ salary histories.

Confidentiality of Trade Secrets and Other Sensitive Information

Trade Secrets: If employers in Illinois and elsewhere have confidentiality provisions in policies, personnel manuals, codes of conduct, and agreements with employees, contractors and other third parties, the employers should consider reviewing (and, if necessary, revising) those provisions include the whistleblower immunity notice required by the federal Defend Trade Secrets Act (DTSA).  Employers in Illinois and elsewhere have found to their dismay that if they fail to provide the required notice, they cannot  recover attorneys’ fees and punitive damages from employees and contractors even if they have stolen the employer’s trade secrets in violation of the DTSA.

Employers should also consider whether or not they have taken sufficient security measures to protect their trade secrets and confidential information when they allow employees to store and use such critical data on their personal smartphones, laptops, and other electronic devices.  The case of Yellowfin Yachts v. Barker Boatworks is an example of what employers in Illinois and elsewhere should NOT do. In 2018, the Eleventh Circuit rejected a company’s theft of trade secret claims against its former VP of Sales who allegedly downloaded “hundreds” of the company password-protected confidential supplier and customer files just before he left to start a competing business, because:

  • The company permitted and paid for him to store the company’s confidential customer information on his personal cellphone and laptop as part of the company’s round-the-clock, “white-glove” customer service program.
  • The company did not require him to sign a non-disclosure agreement (NDA), even though it had presented him with a proposed employment agreement with a confidentiality provision that he never signed.
  • The company did not instruct him to return or delete the company’s information when he left.

Bring-Your-Own-Device-To-Work (BYOD) Policies: Based on the Yellowfin Yachts case and other court decisions, Illinois employers that allow employees to keep company trade secrets on personal smartphones, laptops and other electronic devices may want to take the time now to re-examine their BYOD, Acceptable Computer/Data Usage, Return of Company Property, and other data protection policies and practices in order to determine if they should include:

  1. written agreements that company information kept on personal devices must be kept confidential and used only on behalf of the company;
  2. “instruction ... as to how to secure the information on [employees’] cellphone[s] or personal laptop[s];”
  3. employee training and periodic reminders of restrictions on access to and storage of the company’s valuable information via personal devices; and
  4. procedures to obtain the return of company property and data at the end of employment (e.g., exit interviews).

To quote UCLA basketball coach John Wooden, “Failing to prepare is preparing to fail.”  Illinois employers may want to  act now in order to prepare for the new employment law challenges that Illinois employers will confront in 2019.

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.

© Clark Hill PLC | Attorney Advertising

Written by:

Clark Hill PLC

Clark Hill PLC 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.