BakerHostetler Sets Up Neurocore for an FTC Investigation

Noggin-training company somehow misses stark enforcement trend

Brain in Vain

When we report about brain-improvement therapies, we’re usually sharing news about dietary supplements. But over the past five years or so, brain-training apps and in-person treatments have experienced a surge in popularity. And this popularity, predictably, has attracted the attention of regulators.

In 2016, the Federal Trade Commission (FTC) engaged in two high-profile investigations – of LearningRx, a brain-training center franchisor, and Lumosity, an online service featuring apps and games. In both cases, the FTC claimed that the companies were deceptively advertising their products and were unable to substantiate their claims of cognitive improvement. Worst of all, the FTC alleged, the companies had specifically targeted ads toward consumers dealing with age-related cognitive problems and other serious mental impairments.

Both cases were settled – Lumosity for $2 million, and LearningRx for $200,000.

Big Brother Is Adjusting You

That’s why we wonder about the folks at Neurocore.

The company offers therapies based on “neurofeedback,” which measures various aspects of brain performance through a headband monitor as users react to stimuli. The user watches a video or plays a game, which responds to their brainwaves and breathing patterns, supposedly fine-tuning cerebral performance. One package of such sessions costs around $2,000.

Terrifyingly, the service, which was formerly available only in the company’s in-person centers, is now available through a smartphone app, which is downloading consumer brainwaves. “All of your data is then stored and displayed within the app,” Neurocore’s website says, allowing “your brain coach to monitor your progress.”

Orwellian paranoia aside, Truth in Advertising Inc. (TINA) maintains that neurofeedback is unsubstantiated hogwash. In a letter sent to the FTC in mid-November, the watchdog group pillories Neurocore for “deceptive marketing … used to attract vulnerable consumers, many of whom struggle with difficult psychiatric disorders, are caring for children who struggle with such disorders, or are seniors dealing with age-related memory loss, to its Brain Performance Centers.” It recommends the FTC open an investigation and “take appropriate enforcement action.” TINA sent a similar letter to the Food and Drug Administration, and the press release is available here.

Given the FTC’s record in this space, didn’t Neurocore see this coming?

The Takeaway

Additionally, TINA’s campaign against the company isn’t Neurocore’s first time at the rodeo.

In August 2017, the National Advertising Division (NAD) came down on the company like a ton of bricks, recommending that it “discontinue challenged advertising claims … related to Attention Deficit/Hyperactivity Disorder (ADHD), autism, migraines, memory issues, sleep disorders and stress.” Perhaps unsurprisingly, Neurocore appealed the decision to the National Advertising Review Board, which affirmed NAD’s ruling in June 2018 (the company agreed to cooperate with the final results of the appeal).

Ben and Jerry’s Hit With Two Sticky Suits

Caring dairies and happy cows called into question

Rocky Road

Ben & Jerry’s – we don’t have to tell you what that is, right? – has traded on a ’60s-inspired environmentally and community-conscious brand identity since it was founded in 1978 by two scruffy ne’er-do-wells named Ben Cohen and Jerry Greenfield. The duo parlayed that identity into a $325 million-plus empire by the time they sold their baby to Unilever in 2000.

Predictably, the new ownership put a ding in the company’s do-gooder profile. But things have been especially bumpy of late, with a one-two punch of very similar lawsuits designed to challenge the origins of the company’s bedrock ingredients.


Most recent is a consumer class action filed in late October in the great state of – you guessed it – Vermont. Plaintiff James Ehlers took aim at Ben & Jerry’s marketing tags (and supporting art) that claim the company uses milk from “Caring Dairies” and “Happy Cows.” “Contrary to the message knowingly conveyed by Unilever to consumers,” his complaint states, “only a minority percentage of the milk and cream in the Products actually is sourced from these ‘happy cows’ on ‘Caring Dairy’ farms; the remaining milk and cream originates from factory style, mass-production dairy operations, [which are] exactly what consumers who choose Ben & Jerry's Products would like to avoid.”

The Takeaway

The bosses over at Unilever – Ben and Jerry didn’t retain any control over the company – must have done a double take, because the suit covered much of the same territory as a July 2018 complaint filed by the Organic Consumers Association (OCA) in District of Columbia Superior Court. (This earlier suit included additional claims that Unilever was including glyphosate, “a synthetic biocide suspected … to have detrimental environmental effects” in several Ben & Jerry’s flavors.)

The OCA suit was filed on behalf of the same law firm that’s handling Ehler’s class action, and the timing makes sense too – it seems that the D.C. case was something of a trial balloon, since it survived a motion to dismiss on both the dairy and glyphosate claims in January of this year.

The double trouble for Ben & Jerry’s is a portent of things to come; as environmental and social consciousness becomes de rigeur for companies in a wider and wider range of industries, the language expressing such commitments is coming under heavier scrutiny.

Lanham Designation Claim Makes Coffee Sellers and Distributors Jittery

Coffee growers surf over Boyer’s motion to dismiss

Kona Craze

Back in September 2017, we brought you a story about a class action dispute between two California citizens and Kona Brewing Co. At issue: whether the brewer, which crafts its suds on the mainland, was engaging in deceptive marketing when it festooned advertising for its island-themed brands – “Longboard Island Lager,” “Wailua Wheat Ale,” “Hanalei Island IPA” and so forth – with labeling that appealed to the consumer taste for all things Kona.

What is it about Kona, a district on the big island of Hawai’i? In this original case, which is currently being settled, the plaintiffs claimed Kona’s brewmaster stated that the Hawaiian water used in the original brews contributed positively to the taste and the quality of the beer – the company allegedly installed a water treatment system on the mainland designed to mimic the original Hawaiian water.

And that magical Kona water is now flowing through another class action. This case, brought under the Lanham Act by coffee growers “who grow the entire worldwide supply of authentic Kona coffee,” boasts that the Kona coffee crop is “renowned for its distinctive flavor and aroma … one of the most famous and revered specialty coffees in the world.” Why? “The volcanic soil, the elevation, and the humidity of this region combine to give Kona coffee its distinctive characteristics,” the growers write.


The growers are incensed over alleged efforts by several defendants – including companies such as Costco and Bed Bath & Beyond – to mislead the public “by marketing, distributing or selling coffee products bearing the term ‘Kona.’” “Even though only 2.7 million pounds of authentic green Kona coffee is grown annually,” they write, “over 20 million pounds of coffee labeled as ‘Kona’ is sold at retail. That is physically impossible; someone is lying about the contents of their ‘Kona’ products.”

Guess who the growers are accusing of lying? “Defendants sell packaged coffee products that are presented to consumers as Kona coffee, but that actually contain cheap commodity coffee beans. Some packages contain trace amount of Kona coffee, while other packages contain no Kona coffee at all.”

Kona, Colorado

The effect of this alleged chicanery, the growers assert, is to depress the price of all Kona-labeled products, and to devalue by association their perceived quality in the market.

The plaintiffs brought charges before the Western District of Washington in an amended complaint last May, alleging such violations as false designation of origin, false advertising and unfair competition under the Lanham Act.

Recently, Boyer’s, a coffee product manufacturer, moved to dismiss, making several arguments against the case: first, that the growers did not hold a protectable trademark in the word “Kona” to sue under the Lanham Act; second, that the packaging of its products dispelled any confusion that the “Kona” tag indicated Hawaiian origin, because it clearly showed that Boyer’s is a Colorado company; and third, that “the mere presence of a geographic reference on its packaging cannot give rise to claim for false designation of geographic origin,” in the words of the court.

The Takeaway

The court brushed aside the motion in its order released on Nov. 12.

“Boyer’s first argument, that one or all of the plaintiffs must have a protectable trademark in the word Kona in order to bring a Lanham Act claim, is incorrect in the context of this case,” the court wrote, because false designation claims allow “persons and businesses in a specific locality or region to sue outsiders who falsely designate the origins of their products.” Essentially, the issue here is unfair competition and not trademark protection.

On the second argument, the court held that while Lanham Act violations could arise from confusion regarding the identity of the manufacturer, “the statute also applies if Boyer’s use of a word ‘is likely to cause confusion … as to the origin … of his or her goods,’” which was the only argument the growers were making.

Finally, and most interestingly from the standpoint of product packaging, the court dismissed Boyer’s third argument – so quickly, in fact, that one might miss it if one were just skimming the order. “If, in the context of the entire accused packaging or promotion, the inclusion of the word Kona is misleading as to the geographic origin of the coffee, the claim may proceed,” the court wrote. “For all of the foregoing reasons, Boyer’s motion to dismiss is DENIED.”

Boyer’s counsel, and counsel for two other sets of retailer and supplier defendants that also lost their motions to dismiss on the same day, had better brew up a big pot of Colorado coffee to make it through the rest of the case.

Ad Agency Loses Copyright Infringement Attack on Pepsi

Beverage giant accused of copying agency Super Bowl halftime spot

One in a Million

When you spend countless hours each week combing through normally staid complaints, orders and motions, you’re not sure if you should laugh or cry over sentences like this: “Pepsi employees testified [the commercial] felt dark, given the warehouse setting, the heavy metal music, and how it ends on singers standing around a trash can fire.”

We love strings of words like this that will likely never be reassembled in English again. They keep our eyes open.

But let’s discuss the ad in question, and the splash it made – and didn’t make.

Pitched Battle

The commercial in question was a spot pitched by advertising company Betty, one of 14 agencies bidding on work for Pepsi’s prime spot in the 2016 Super Bowl halftime show. By way of background – and for those of you who don’t know or who forget every year right after the game ends – Pepsi has sponsored the show for a long while now, and has featured recurring themes in its Super Bowl spots, including a “dancing through the ages” conceit that it has used several times (see here for a Britney Spears-helmed masterpiece from 2001).

When Pepsi started holding auditions for its 2016 ad, Betty produced several spots, including one titled “All Kinds/Living Jukebox,” which the quote above describes. In the commercial, a man plays the “Joy of Pepsi” theme on an acoustic guitar while the camera pans through a “Brooklyn(like)” (whatever that means) warehouse. The various scenes in the warehouse span musical styles from various eras, ending on a group of doo-wop singers standing around a trash fire.

And the Winner Is…

The ad never made the airwaves, as you may have guessed, but it did spark a lawsuit filed in the Southern District of New York in 2016. Betty alleged that the commercial Pepsi eventually aired ripped off their proposed spot, triggering copyright infringement and breach of contract.

The winning ad, produced by competing agency TMA, was thematically aligned with previous Pepsi ads, including the Britney vehicle. After passing over Christopher Walken and Pharrell Williams for the lead, the company created a spot centered on Janelle Monáe, who dances across three separate rooms, each representing a different musical era – the ’50s, the ’80s and the ’90s/oughts. Her clothes and hairstyle, like those of her background dancers, change appropriately.

The Takeaway

Pepsi moved for summary judgment, arguing that the facts demonstrated no infringement had taken place. The court found in Pepsi’s favor in an opinion issued on Nov. 13.

At the center of the ruling was the argument that “a ‘principle fundamental to copyright law’ is that ‘a copyright does not protect an idea, but only the expression of an idea.’” On that score, the court noted, the winning TMA ad was different from the Betty ad in “overall concept, feel, setting, themes, characters, pace, and sequence.”

“[E]lements that follow naturally from a work’s theme rather than from an author’s creativity,” the court wrote, “do not enjoy copyright protection.” Likewise, the district held that “where an element occurs both in the defendant’s prior work and [in] the plaintiff’s prior work, no inference of copying can be drawn.”

And with that, Betty’s suit made its exit.

TCPA Cruise Ship Finishes Its Last Voyage

Norwegian, Carnival and Royal Caribbean telemarketing settlement didn’t sink

No Three-Hour Tour

Here’s an update on a case we covered more than two years ago: Philip Chavrat’s Telephone Consumer Protection Act (TCPA) class action against three of the biggest names in the luxury cruise business.

It was a whale of a case, taking seven years all told. The last two years were consumed with settlement negotiation wrangling, but by the time the parties began talks, the case – originally filed in 2012 – had ballooned into a leviathan. The suit spawned three amended complaints, 3,000 pages of briefings, 30 discovery hearings and 15 depositions in four states. As if that weren’t enough, it was even interrupted by a stay of proceeding in 2013 when the Federal Communications Commission (FCC) began debating whether plaintiffs could sue for vicarious liability under the TCPA.

The Takeaway

Chavrat was seeking to hold Travel Services (the telemarketer) and three cruise lines – Norwegian, Carnival and Royal Caribbean – liable for four allegedly unsolicited calls he received between 2011 and 2012. When the FCC ruled in favor of vicarious liability, his case was revived.

Even the settlement took forever, just wrapping up this November with a final approved agreement. Class members will get their share of a settlement fund that will range between $7 million and $12.5 million, depending on the number of claims filed; members are entitled to $300 per unsolicited call for up to three calls per contacted telephone line.

We report on TCPA suits regularly, and significant settlements are common. TCPA violations can be avoided by obtaining necessary consent, properly effectuating opt-outs and timely removing reassigned numbers from marketing lists. Use of arbitration provisions with class action waivers in consent terms can also be an effective way to deter litigation. This illustrates not only the need for a good TCPA compliance program, but also the need to manage vendors that help facilitate text marketing campaigns.

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.

© BakerHostetler | Attorney Advertising

Written by:


BakerHostetler 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.