Advertising Law -- Feb 08, 2013

by Manatt, Phelps & Phillips, LLP

In This Isssue:

Manatt Partner Linda Goldstein Invited to Speak at ERA’s Great Ideas Summit

The Great Ideas Summit will bring together leaders in the direct-to-consumer industry to share best practices and strategies to engage consumers and maximize revenues through electronic retailing on television, online and on radio.  The conference is produced by the Electronic Retailing Association (ERA), the leading trade association in this area that represents a market of more than $300 billion. 

Linda Goldstein, Chair of Manatt’s Advertising, Marketing & Media Division, has been invited to speak on a panel titled “How to Have It ALL: Integrating Traditional and New Media.”  The session will focus on how to generate powerful new models of marketing and enhance traditional accountability results, including a discussion of how to integrate multi-channels and apply proven direct response techniques to social, digital and mobile media.  Linda will be joined by Denira Borrero (Omni Direct, Inc.), Stacy Durand (Revenue Frontier/Media Design Group), Susan McKenna (McKenna’s Marketing) and Fern Lee (THOR Associates) as moderator.

The conference will be held on February 25-27, 2013, at Fontainebleau Miami Beach.  For more information or to register, click here.

Lance Armstrong’s Confession Leads to Legal Action . . . Will Endorsers Follow Suit?

Lance Armstrong’s confessional interview with Oprah has been the subject of much discussion and dissection, but the question remains: Just how many lawsuits will he face as a result of his comments?

During the two-part conversation with Oprah, Armstrong admitted that he took performance-enhancing drugs during each of the seven years he won the Tour de France, despite his years of denials and attacks against those who challenged him.

A “ruthless desire to win” motivated him to use testosterone, human growth hormone, blood transfusions and erythropoietin (EPO), Armstrong said.

Last October the United States Anti-Doping Agency released an extensive 1,000-page report in which it concluded that Armstrong had doped. In response, his many endorsers – including Nike, Oakley, and Trek – dropped their sponsorships, even though Armstrong has expressed a desire to return to competitive sports, which may include triathlons. He was stripped of his Tour de France titles and received a lifetime ban from the sport of cycling. Armstrong also resigned from his Livestrong cancer charity. In order to have his competitive ban reduced to eight years, Armstrong is currently in talks with the Anti-Doping Agency to possibly disclose the names of those who helped him dope and how he covered up his doping for almost a decade.

But coming clean about his past may haunt Armstrong’s future. His former sponsors may seek to recover the monies they paid him during the years he doped. A case would depend upon the language of the contract between Armstrong and each sponsor, but a suit would likely be premised upon a fraud claim. Nike, for example, could maintain that it hired Armstrong to enhance the company’s image but was defrauded by his illegal activities.

A suit would also depend upon an open question – How much did his sponsors know? In its report, the Anti-Doping Agency said Armstrong had an “army of enablers” both inside and outside the world of cycling.

While his former sponsors haven’t yet stepped forward, Armstrong’s confession has already led to one lawsuit and the threat of another.

A purchaser of Armstrong’s memoirs It’s Not About the Bike and Every Second Counts filed a class action suit alleging that he defrauded consumers by selling the books as nonfiction. In the books Armstrong denies ever using performance-enhancing drugs.

According to his complaint, political consultant Rob Stutzman alleges that had he “known the true facts concerning Armstrong’s misconduct and his admitted involvement in a sports doping scandal,” he would not have purchased the best-selling books. “Although Stutzman does not buy or read many books, he found Armstrong’s book incredibly compelling and recommended the book to several friends.”

The suit – which also names Armstrong’s publishers Penguin Group, G.P. Putnam’s Sons, Random House, Broadway Books, Crown Publishing Group, and Berkley Publishing Group as defendants – was filed in California federal court and seeks a refund for the price of the book as well as litigation costs.

And British newspaper the Sunday Times said it intends to recover the roughly $1.6  million it paid Armstrong in 2006. The paper ran a story in 2004 questioning the validity of the biker’s claims that he had not taken performance-enhancing drugs. Armstrong responded with a defamation lawsuit. To settle the suit, the paper paid $1.6 million.

Now, the Sunday Times said it plans to recover its money. “We watched Lance Armstrong’s interview with interest and noted his numerous admissions regarding taking performance-enhancing drugs,” a spokesperson for the paper said, adding that it will pursue its legal action “vigorously.”

To read the complaint in Stutzman v. Armstrong, click here.

Why it matters: Litigation against Armstrong to recover endorsement fees may be a legal possibility, but companies must also weigh the accompanying publicity. Public opinion after the two-part interview aired was decidedly mixed, but suing Armstrong might leave him looking like a victim and a company being viewed as a bully.

“Business Coaching” Defendants Settle with FTC

Several marketers of “business coaching” companies agreed to a settlement with the Federal Trade Commission over charges that they misrepresented the earning potential of their programs.

Consumers paid between $2,000 and $20,000 for programs that were touted to help them develop their own Internet businesses for which they received little guidance, the agency said. The defendants – 22 interrelated companies and various individuals connected to Ivy Capital Inc. – allegedly took in more than $100 million as a result of the “massive” scheme.

The FTC filed its complaint in February 2011 against 40 defendants. The Ivy Capital Inc. defendants allegedly created fake companies that placed ads about online business opportunities. When consumers responded to the ads with their names and phone numbers, telemarketers employed by the defendants would call and question them about the credit available on their credit cards. On calls that sometimes lasted more than one hour and employed “high pressure,” the agency said the defendants then encouraged consumers to use their available credit to purchase a “business coaching” program.

The program itself was worthless, the FTC said. The promised “expert” coaches lacked knowledge and experience, the software programs did not work, and lawyers and accountants who were supposed to assist in the process never materialized, according to the complaint. Consumers never realized the “thousands of dollars a week” by working just five to ten hours as guaranteed by the defendants. Instead, they received additional telemarketing calls offering other services like tax advice or access to credit, for an additional fee.

According to the agency, the defendants violated the Telemarketing Sales Rule, as well as the FTC Act by misrepresenting the goods and services they would provide and by lying about the program’s earning potential. 

Pursuant to the settlement orders, corporate defendants face a $130 million judgment, while judgments against individual defendants run well over $200 million, all of which will be suspended with the surrender of specific assets (including homes and cars).

In addition, the defendants are banned from selling business coaching programs in the future, are permanently prohibited from making misrepresentations about other products and services, and are prohibited from violating the Telemarketing Sales Rule in the future.

To read the complaints and the stipulated orders in the cases, click here.

Why it matters: As part of “Operation Empty Promises,” a joint law-enforcement initiative between the FTC, the Department of Justice, the Postal Inspection Service, and 28 state law-enforcement agencies, the suits were intended “to stop scams that target financially strapped consumers.” Due to the economic downturn and higher unemployment, the agency said the multiagency enforcement campaign will continue with its efforts to protect financially distressed consumers.

News from the Capital: VPAA Amendment Becomes Law, New Mobile Privacy Bill Introduced

January was a busy month in the nation’s capital. In addition to the second-term inauguration of President Barack Obama, an amendment to the Video Privacy Protection Act became law and a new bill regulating mobile privacy was introduced to the House of Representatives.

Enacted in 1988 after the failed nomination of Judge Robert Bork to the U.S. Supreme Court, the Video Privacy Protection Act was intended to make video rental records confidential. (Bork’s nomination stalled in part when his video rental records were released, including some compromising titles.)

According to Netflix, in the age of “likes” and “shares” and other social media norms, consumers should have the ability to let their friends know what movies they are watching. Netflix had hoped for an integration with Facebook where users could share information about their video selections but faced running afoul of VPPA.  The video services provider successfully lobbied for an amendment that would allow video rental companies to share information about consumers who opted in.  Users would have the ability to opt out at any time.

The VPPA amendment, H.R. 6671, was signed into law by President Obama on January 10th after it cleared the House on December 18th and the Senate on December 21st.

Rep. Bob Goodlatte (R-Va.), who sponsored the bill, said the amendment enables federal law to “catch up” with current technology. “This new law is truly pro-consumer and places the decision of whether or not to share video rentals with one’s friends squarely in the hands of the consumer.”

In other legislative news, Rep. Hank Johnson (D-Ga.) introduced a new bill to regulate mobile privacy, called the Application Privacy, Protection, and Security Act of 2013, or the APPS Act.

The bill would require that app providers supply users with information about the “collection, use, storage, and sharing of. . . personal data” prior to the collection of personal information.  The information would include the types of personal data that will be collected, the purposes for which it will be used, the identity of any third parties with which the personal data will be shared, and the app’s data retention policy. Users must affirmatively consent to the policy before their information can be collected.

App developers must also provide users with a means to withdraw consent and request that their data be deleted. Enforcement would be handled by the FTC and state attorneys general.

The bill includes a safe harbor provision for mobile app makers that adopt and follow a code of conduct developed in the multistakeholder process currently being conducted by the National Telecommunications and Information Administration.

To read the VPPA amendment, click here.

To read the APPS Act, click here.

Why it matters: Privacy protections are a challenging topic generally, but protecting the privacy rights of consumers on a mobile device – with a small screen and potentially complex legal notice – presents hurdles to passage of the APPS Act. Other legislation has been introduced – most recently, Rep. Ed Markey’s (D-Mass.) Mobile Device Privacy Act, which languished in the last congressional session.

New False Ad Suits Against Anti-Aging Products

While noting that “[t]he search for eternal youth and beauty is hardly new,” two plaintiffs have filed class actions alleging they were duped by cosmetic companies about their anti-aging claims.

New Jersey’s Margaret Ohayon calls Estee Lauder, Inc. a “modern-day snake oil salesman” based on the company’s claims for its Clinique Repairwear, Youth Surge, and Turnaround lines of products.

Although the company promises that various products can “Repair Lines & Wrinkles: De-aging powerhouses work to repair and help slow visible aging 24/7,” the company cannot truly reverse the aging process and/or the signs of aging, Ohayon alleges.

The false claims are further compounded by two factors, Ohayon’s suit alleges. Clinique products are sold over the counter at “high-end department stores” and consumers are unable to make a side-by-side comparison to other cosmetic products.

Even more problematic, the company makes “scientific-sounding claims” and “relies on promises of specific results backed up by the indicia of scientific reliability,” using terminology and phrases like “patents, tests, ‘dermatological solutions,’ and comparison to cosmetic procedures, like laser treatment.” According to the complaint, such science-oriented claims provide an increased level of credibility among unsuspecting customers.

Consumers are also tricked by Estee Lauder’s “Virtual Skin Care Tool,” an online marketing tool that allows consumers to upload their photos and run them through the system to “see for themselves” before and after results. The tool includes an asterisk with a disclaimer that the “Visualize Your Results” section is a “dramatization,” but the warning doesn’t go far enough, Ohayon says.

“The combination of these two contradictory concepts – a dramatization that supposedly represents actual average results – is deceptive and misleading to reasonable consumers, because a dramatization cannot depict actual or real results – it can only depict someone’s fictional interpretation of results. Thus, even if consumers read the small print in asterisk, they are left with the impression that they will obtain, on average, the results ‘dramatized’ in the picture, which is impossible.”

In a suit filed just three days prior by the same team of plaintiffs’ attorneys, New York resident Jade Barrett makes nearly identical allegations against Avon Products.

The company’s ANEW line of products makes misleading science-based and clinical claims, she contends, citing a recent warning letter from the Food and Drug Administration. 

 “Avon’s claims of scientifically backed research and discoveries go beyond any mere sales puffery by claiming first that certain specific discoveries enable the ANEW products to provide the unique benefits and then by providing specific results affirmations and promises of those benefits,” Barrett argues. “By promising specific results, Avon’s advertising transcends the realm of mere puffery and becomes actionable as deceptive, misleading or fraudulent.”

The suits seek compensatory, treble, and punitive damages, as well as restitution, equitable monetary relief and injunctive relief.

To read the complaint in Ohayon v. Estee Lauder, click here.

To read the complaint in Barrett v. Avon Products, click here.

Why it matters: Marketers of anti-aging products have been in the headlights of both regulators and plaintiffs’ attorneys in recent months. The FDA sent a similar warning letter to Lancôme, expressing concern about claims for its anti-aging skincare products, and the National Advertising Division recommended that Origins Natural Resources modify and/or discontinue certain anti-aging claims for its product lines.

Report: FTC’s Report on Alcohol Industry’s Online Marketing to be Released This Summer

According to a report by Reuters, the Federal Trade Commission plans to release the findings from its year-long study of online advertisements for the alcoholic beverage industry this summer.

Previous studies were conducted by the agency and reports were released in 1999, 2003, and 2008. But for the first time, the latest “deep dive” focuses on underage exposure in the age of social media and the Internet.

Last April, the FTC sent compulsory process orders to 14 manufacturers of beer, wine, and distilled spirits – including Anheuser-Busch Companies, Inc., Bacardi USA, Inc., and Heineken USA, Inc. – that required them to provide data about the effectiveness of the industry’s voluntary guidelines in reducing advertising and marketing to underage audiences.

The industry’s guidelines limit underage exposure by requiring that a certain percentage of the marketer’s audience be over the age of 21. For example, at least 71.6 percent of an audience must consist of adults age 21 and older for advertisements on television and company Web sites.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” Frank Coleman, senior vice president for the Distilled Spirits Council of the United States, the trade group that sets the industry’s advertising codes, told Reuters. The demographic audience for Facebook is 83.5 percent 21 years and older and for Twitter it is 85 percent, he added. To combat underage access, the group imposed a requirement that members use an age-screening mechanism that asks a consumer for his or her birthdate prior to admitting him or her to a Twitter feed.

But critics contend that attempts to age-screen online are futile and that the industry needs to do more.

David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, said the demographic audience percentage should be raised to 85 percent. “Facebook and other interactive platforms are poorly monitored and not well age-protected,” he contended to Reuters. “Anyone can say they’re 21 and click yes.”

Why it matters: Janet Evans, a FTC lawyer, told Reuters the agency’s study would be released by early summer. The results are intended to “promote better self-regulation,” she explained, not to lay the groundwork for a civil action. While the agency will not create its own regulations, it will likely make recommendations to the industry. Prior studies have resulted in suggestions from the agency to increase the percentage for audience age, for example.

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.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:

Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP on:

Readers' Choice 2017
Reporters on Deadline

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (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.