In This Issue:

  • Blue Diamond Evades Almond Milk Class Action
  • Proposed Law to Keep Fake Meat Makers Honest
  • Gingko Stink Clarifies Plaintiff Burden
  • FCC Takes One Arrow out of TCPA Quiver ... for Now
  • Hunky Model and GNC Both Lose Fees Battle
  • First Public Forum on the California Consumer Privacy Act
  • Speaker Spotlight
Blue Diamond Evades Almond Milk Class Action

Ninth Circuit provides clarity for battling milk bar

Plant in Your Coffee?

If you have a favorite local coffee shop, chances are you’ve witnessed the increasing popularity of plant-based milks first-hand. The non-dairy milks available to consumers are no longer limited to soy-based products and come in a wide variety of tastes and levels of sweetening. The overall surge in plant-based milk consumption has led to the creation of a $1.6 billion industry, with 10 percent growth in the year preceding August 2018. According to the Plant-Based Foods Association, plant-based milk now represents 15 percent of the total milk market.

As with any popular food trend, marketing litigation did not lag behind alt-milk’s extraordinary growth. In fact, the fight over which products can be properly called milk at all has raged for decades.


The latest skirmish in this ongoing milk war just wrapped up in the Ninth Circuit. The appeals court dismissed a class action brought against almond milk manufacturer Blue Diamond Growers in the Central District of California.

The original case, brought by California resident Cynthia Painter in early 2017, accused Blue Diamond of misleading consumers by bragging on specific health benefits of almond milk but failing to recognize how the product underperforms dairy milk in a variety of vitamin and nutrient benchmarks.

Moreover, Painter accused Blue Diamond of improperly branding its alt-milk product as “milk,” in violation of the Food, Drug, and Cosmetic Act (FDCA) and California’s Sherman Law. Painter claimed that because Blue Diamond failed to notify consumers about the “percentage of characterizing ingredients” in its product in comparison to standard milk products, it was required to call its products “imitation milk” instead of “milk,” which it failed to do.

The Takeaway

The Central District dismissed the case in May 2017, and Painter appealed. In a pithy, five-page affirmation of the lower court decision, the Ninth Circuit agreed that Painter had failed to state a case.

Noting the FDCA’s robust pre-emptive powers, the appeals court dismissed the mislabeling claims, noting that “[t]he FDCA sets forth the bare requirement that foods imitating other foods bear a label with ‘the word imitation and, immediately thereafter, the name of the food imitated.’” Painter’s demand that the labeling include nutritional comparisons or else drop the word milk altogether was therefore not mandated by the FDCA, which superseded her state claims.

The misleading health claims were shot down by the appeals court as well. Painter had conceded that the nutritional information on Blue Diamond’s packaging was accurate; given that fact, a reasonable consumer could not be misled by it, even if it did not note that standard milk was superior by other nutritional measures.

Finally, the appeals court had a lesson for the plaintiff’s bar: Similarity does not equal mimicry. “Notwithstanding any resemblance to dairy milk,” the court wrote, “almond milk is not a ‘substitute’ for dairy milk … because almond milk does not involve literally substituting inferior ingredients for those in dairy milk.”

Proposed Law to Keep Fake Meat Makers Honest

Indiana bill an early attempt to address brave new food


In vitro meat. Synthetic meat. Vat-grown meat, lab meat, clean meat, cultured meat. Run through the names for meat grown in laboratories through controlled cell division and you might feel like you’re trapped in some sort of sci-fi/horror movie mashup.

But the introduction of synthetic meat — that’s the term we’re most comfortable with — to a consumer market is now a real possibility. It made its public debut in 2013, when the first synthetic meat burger was consumed at a press conference in London; but the idea of growing meat instead of harvesting it from living animals has been around for a while. “We shall escape the absurdity of growing a whole chicken in order to eat the breast or wing, by growing these parts separately under a suitable medium,” Winston Churchill predicted back in 1931.


The process is still expensive and time consuming. Starter stem cells are collected in a lab environment and treated with proteins that stimulate growth, they are then directed into familiar forms, like muscle tissue. Once grown in sufficient quantity, the synthetic meat can be ground up, chopped, or otherwise prepared just like meat off the bone.

Nonetheless, several startups are making real progress toward creating affordable cultured beef, pork and fish products. And the idea of synthetic meat, as odd as it may seem, has genuine appeal for several communities of interest. Environmentalists see it as a weapon in the ongoing battle to reduce climate change — fewer “harvest” animals means less CO2 emissions and less pressure to clear valuable forest for grazing.

And, of course, synthetic meat is cruelty free, which animal rights activists love. PETA has offered a cash prize to the first producer of synthetic chicken meat, and philosopher Peter Singer, author of Animal Liberation, has voiced support.

The Takeaway

Anyone who has read this newsletter knows what happens next: labeling controversies. And even though consumer market synthetic meat products are not yet available, lawmakers are trying to get ahead of the herd.

Enter Terry Goodin, Indiana General Assembly representative. Goodin has put together a bill for the Assembly’s 2019 session that aims to ensure that no one tries to sell synthetic meat as the “normal,” animal-grown original. “I have no problem with scientists making meat in a petri dish, as creepy as that sounds,” Goodin said. “I just don’t like the idea of them trying to hoodwink people into thinking that it is a natural food fresh from a farm.”

Pitched as a “truth in labeling” law for fake meat, the law would prevent synthetic meats from being labeled as “being meat,” although what this means in practice remains unclear. Some states have similarly proposed laws that require disclaimers for vegetarian products labeled with terms like steak or bacon. In Wyoming, for example, a bill has been introduced that would require those products to state “Imitation Food” on their label. A disclaimer for synthetic meat would likely operate similarly. Eventually, discerning between synthetic meat, imitation meat and traditional meat on labels could become a headache for consumers, but it promises to be much more of one for manufacturers.

Gingko Stink Clarifies Plaintiff Burden

Ninth Circuit flips summary judgment decision that “asked too much”

Olfactory Tragedy

You’re walking down a street in an affluent neighborhood in a major U.S. city — let’s say Carroll Gardens in Brooklyn, New York. It’s early fall, and you’re having a nice stroll in the cool morning air. You turn a corner onto a lovely residential street ablaze with autumn colors supplied by rows of slender, graceful trees that line the sidewalks. The broad, fanlike leaves burn a bright, almost impossible yellow; fallen leaves blanket the sidewalks, transforming the block into an inviting Technicolor byway. You walk down the block to take it all in, and then the smell hits you.

The fruitlike seeds of the Ginkgo biloba tree put out a stench that has been likened to vomit or bad cheese; it’s enough to make the tree’s popularity and cultivation in the United States something of a mystery (they were brought here from original wild populations in Asia). Why bring that stench to another continent?

But Gingkoes are truly fascinating organisms. They are resistant to pollution and pests alike. They thrive in urban environments. They are the oldest surviving species of seed tree — Gingko fossils can be found all the way back in the Early Triassic period. As one expert rhapsodized, Gingko bilobas are “an assemblage of changelessness, a heritage from worlds of an age, too remote for our human intelligence to grasp, a tree which has in its keeping the secrets of an immeasurable past.”

Perhaps it is the plant’s vast antiquity and exotic origins that have led people to ascribe all sorts of health benefits to consuming its seeds.

Smell be damned.

Expert Slap Fight

Gingko seeds and various extracts derived from it are consumed as food or as a dietary supplement around the world. Benefits are said to include improved memory and attention, but these claims are hotly disputed.

Which leads us to our case.

Back in July 2015, California resident Kathleen Sonner filed a complaint against Schwabe International GmBh and its subsidiary Nature’s Way, manufacturers of Ginkgo biloba-infused supplements Ginkgold® Advanced Ginkgo Extract and Ginkgold Max Advanced Ginkgo Extract.” Sonner claimed that the companies had violated California’s Unfair Competition Law (UCL) and Consumers Legal Remedies Act (CLRA) by falsely advertising that the products could improve “cognitive health and brain function.”

“All available, reliable scientific evidence demonstrates that the Ginkgold products have no efficacy at all, are ineffective in the improvement of cognitive health, and provide no benefits related to increasing the memory, concentration, or healthy functioning of consumers’ brains,” the complaint read. A little more than a year into the proceedings, Schwabe and Nature’s Way moved for summary judgment, supplying expert testimony and scientific trials that supported their claims. Sonner responded with her own set of experts and studies, that reaffirmed her claims that Gingko biloba was “no more effective than a placebo.”

The Takeaway

In February 2017, the Central District of California ruled in favor of the defendants. While the court gave a nod to the experts and research on both sides, it weighed in for Schwabe because Sonner failed to challenge “the methodology, structure, or independence of [Schwabe’s] studies,” which meant that her evidence was “insufficient to allow a reasonable juror to conclude that there is no scientific support for [Schwabe’s] claims.”

Sonner appealed, and the Ninth Circuit flipped the script, noting that district courts in its circuit were split on what sort of summary judgment standard applied to false advertising claims when scientific evidence was brought to bear.

“Schwabe argues that a more exacting summary judgment standard applies to false advertising claims brought under the UCL and CLRA,” the Ninth Circuit wrote, noting that the argument leaned on a previous decision from the Fourth Circuit. In that case, the Fourth Circuit “reasoned that because the plaintiffs did ‘not allege that all scientists agree that [the products] are ineffective at providing the promised [] benefits,’ they failed to show as a matter of law that the advertised claims are false.”

Nonetheless, the Ninth Circuit rejected the Fourth Circuit’s argument, holding that “the notion that a plaintiff must not only produce affirmative evidence, but also fatally undermine the defendant’s evidence” to move ahead to trial was “unpersuasive.”

Advertisers and their counsel in the Ninth Circuit now have a clearer, although more limited, pathway to summary judgment than they did before.

FCC Takes One Arrow out of TCPA Quiver ... for Now

Reassigned number database includes safe harbor for callers


Ever switch phone numbers? It’s a hassle, right? Not only do you have to tell everyone and their assistant what your new number is, but the calls keep rolling in for your new number’s previous owner.

And these personal travails pale in comparison to what companies that rely on phone number databases must endure. A misplaced phone call, or series of phone calls, to a consumer who never consented to hear from you can land you in dicey legal territory, even if the calls you made were placed without knowledge of a number reassignment.

Well, we’re here to announce to consumers and businesses alike something they don’t hear every day: The Federal Communications Commission (FCC) feels your pain.

Tale of Woe

In a recent statement on the issue, Commissioner Brendan Carr related that the agita created by reassigned phone numbers reaches into the hallowed halls of the FCC. In his own words:

When I started at the FCC a few years back ... the mobile phone our IT team gave me had recently been turned in by another employee. So I got a lot of calls meant for her. I don’t want to call that person out, but I will say, Jennifer Manner, if you’re still missing phone calls, I am happy to give you an update next time you stop by the Commission.

Carr’s statement addressed a recent FCC announcement that much-needed rationality was coming to the reassigned-number problem, including its impact on actions under the Telephone Consumer Protection Act.

On Dec. 12, the Commission announced the creation of a single, comprehensive database that will log reassigned numbers. Callers can avail themselves of the database, using it to winnow out now-incorrect phone numbers in their own systems. The Commission also introduced a new 45-day “aging period” to hold back disconnected numbers from being reassigned. The new database will be managed by an independent administrator.

The Takeaway

According to the Commission, “the rules respond to consumer groups, trade associations, and state and federal authorities that asked the Commission to establish a single, comprehensive database as the best solution to reducing calls to reassigned numbers while minimizing burdens on both callers and providers.”

These concerned groups will also likely be happy with the Commission’s plans to institute a “safe harbor from liability for any calls to reassigned numbers caused by database error.” According to Commissioner Michael O’Reilly’s statement on the same issue, “In all reality, this database will always be imperfect, meaning, despite our action effectively requiring callers to use it, users will still need to be shielded from pointless lawsuits.”

O’Reilly also mentioned that he thought the new database was an incomplete solution to problems caused by poor definitions within the existing TCPA statute and its interpretations. “To the extent that the purpose of creating the database is to insulate users from liability, it would have been more fitting, in my opinion, to first address the definition of “called party” in the context of the TCPA,” O’Reilly wrote. “After all, should the Commission decide to rightfully redefine ‘called party’ as the intended recipient of the call — rather than the subscriber of the number — the legal liability basis for establishing the database would significantly dissipate.”

Nonetheless, O’Reilly expressed support for the database approach as a stop-gap measure. “[I] have been promised that a comprehensive redo of our TCPA rules will be considered promptly,” he concludes.

Keep your ears to the rail, folks. Bigger changes to the TCPA may be barreling down the tracks.

Hunky Model and GNC Both Lose Fees Battle

Did exorbitant cash for likeness damages claim cost plaintiff his attorney’s fees?

Hot Property

If you happened to see advertisements for Versace, Ralph Lauren or Calvin Klein in GQ and Elle back in the 1990s, you might recognize Jason Olive, a model who graced print ads in these and other magazines. Olive commanded big fees at the height of his original career — reportedly $25,000 per day for certain modeling jobs.

But he has since moved on to a somewhat successful acting career, including stints on several TV shows, most notably Tyler Perry’s For Better or Worse.

As his acting prospects grew, his modeling rates began to decline. One of his latest modeling gigs was a 2010 shoot for vitamin manufacturer and retailer GNC’s “Live Well” campaign, for which he received roughly $12,000; the fees included an initial one-year contract with a one-time right of renewal for GNC, and further rights to use his likeness on trucks and other vehicles.

Sour Release

But when the campaign launched in 2011, Olive was shocked at its scope; he claimed that the shoot was “a very small job” for a small fee. When GNC didn’t renew the contract for the initial shoot, he had a representative email GNC and forbid further use of his image.

Through a series of snafus at the GNC office, the expiration of Olive’s model release (and the releases of other models hired for the same campaign) was not noticed, meaning that his images were used after the established release agreements expired. When the error was discovered, GNC negotiated settlements with every other model involved in the original shoot except Olive.

Olive held out, but GNC’s final offer of $150,000 wasn’t enough for him; he sued GNC for common law misappropriation of likeness and statutory misappropriation of likeness.

Olive also sought restitution for unjust enrichment based on GNC’s profits derived from the use of his picture. The case went to trial — a relative rarity — and the jury sided with Olive, granting him $1.1 million, consisting of $213,000 in damages and $910,000 in emotional distress. The trial court ruled against Olive’s unjust enrichment claims.

The Takeaway

And then the trial court made an interesting decision. Both parties had moved for attorney’s fees, but the court ruled that there was no prevailing party to award them to.

As the California Appeals Court wrote in its opinion affirming the trial court’s decision, “The trial court noted that both parties were visibly disappointed after the jury rendered its verdict. It found there was no prevailing party because ‘the jury accepted neither side’s recommendation but instead awarded a middling sum amounting to a tie.’”

The disappointment on Olive’s side certainly had something to do with how far short the jury award fell from his original demand — somewhere in the neighborhood of $20 million (the opinion mentions several figures; for a full breakdown of the events and an explanation of the damages request estimate, read Eric Goldman’s excellent summary here). GNC, on the other hand, probably felt it was overpaying given its previous settlement offer and expenses incurred by tearing down Olive’s image from all those trucks and vehicles.

While we have no real insight into what led to the jury’s damages and emotional distress awards, we do know that the appeals court agreed with the trial court on attorney’s fees, which must have been substantial in Olive’s case. His large initial demand meant that the final $1.1 million award wasn’t impressive enough to name him the winner.

“Given that the mixed results in this case did not amount to a lopsided verdict in Olive’s favor,” the appeals court wrote, “the trial court did not abuse its discretion in determining that neither party prevailed for purposes of awarding attorney fees.”

So, Olive won $1.1 million, but how much did he lose?

First Public Forum on the California Consumer Privacy Act

The California attorney general and the Department of Justice held the first public forum about the California Consumer Privacy Act (CCPA) on Tuesday, Jan. 8, in San Francisco. The public forums are part of the rulemaking process the attorney general’s office is undertaking pursuant to Section 1798.185 of the CCPA, which requires the attorney general to “solicit broad public participation and adopt regulations to further the purposes” of the CCPA. These forums are an opportunity to provide input to the attorney general prior to publication of the proposed rules, and BakerHostetler will be actively participating throughout the public comment and subsequent rulemaking process. For more information, click here.

Speaker Spotlight

Canadian Institute’s 25th Advertising & Marketing Law Conference, Toronto, Ontario

Amy Ralph Mudge, co-leader of BakerHostetler’s advertising, marketing and digital media practice team, has been invited to serve on the faculty of the Canadian Institute’s advertising law conference in Toronto Jan. 22–23. Amy will participate in a panel discussion on gender stereotyping in advertising. For additional details, click here.

Children’s Advertising Review Unit/West Coast Conference, Marina del Rey, California

BakerHostetler partner Alan Friel will join a faculty of experts at the west coast conference of the Children’s Advertising Review Unit in Marina del Rey, California, on March 6. Alongside Cynthia Kao, vice president, Sony Pictures Entertainment, Alan will explore how to harmonize the compliance requirements of COPPA, GDPR and the California Consumer Privacy Act, which is set to go into effect in 2020. To register, click here.


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.