Advertising Law - July 2016 #3

by Manatt, Phelps & Phillips, LLP
Contact

Manatt, Phelps & Phillips, LLP

In This Issue:

  • Wikipedia Link Trips up Ninth Circuit False Ad Suit
  • FTC Settles Charges Over Product Claiming to Alleviate Withdrawal, Addiction
  • "Natural" Claims Cost Seventh Generation $4.5M
  • Revlon's "Age Defying" Product Line Defies Class Action With $900,000 Deal
  • Shield Yourself: Final Data Transfer Agreement Is Here

Wikipedia Link Trips up Ninth Circuit False Ad Suit

Ruling that a California federal court incorrectly relied upon a Wikipedia link when considering a summary judgment motion in a false advertising suit, the Ninth Circuit Court of Appeals reversed dismissal of a suit against GNC Corporation.

Michael Bitton and other consumers filed suit against GNC, Gencor Nutrients, related entities, and corporate executives in connection with Testofen, an extract of the herb fenugreek. The defendants manufactured nutritional supplements containing the extract and marketed them as a testosterone supplement that could increase muscle mass, strength, and libido in males, the plaintiffs said.

The putative class action complaint alleged that the defendants violated California and New York false advertising laws as well as the federal Racketeer Influenced and Corrupt Organizations Act (RICO), by working together to promote fraudulent claims to dupe consumers.

To market their products, the defendants claimed they conducted a "double-blind, randomized, placebo-controlled human clinical study" that established "statistically significant results" showing increases in "free testosterone" in study participants. The plaintiffs alleged that they relied on this representation, which they further said was false.

The plaintiffs conceded that a clinical trial occurred, but according to their complaint, the trial's results did not establish a statistically significant increase in free testosterone levels in study participants when subjected to "universally-accepted principles of statistical analysis." To support this contention, the plaintiffs provided an expert report relying upon what they characterized as the most common method of making a statistical adjustment, the Bonferroni correction.

A federal district court judge granted the defendants' motion to dismiss all counts. As part of its reasoning, the court cited an article found online for the proposition that "[t]he Bonferroni correction is the simplest and most conservative approach used to correct for" multiple variables. Failing the Bonferroni correction test does not necessarily mean that a study's results are not statistically significant, the court said, and less conservative methods of correction could show that the results of the Testofen study were statistically significant.

The plaintiffs appealed and the Ninth Circuit reversed as to the false advertising and deceptive business practices claims.

"The district court erred in relying on its interpretation of the Bonferroni correction," the panel wrote in an unpublished memorandum. Although the complaint incorporated by reference a Wikipedia page on the Bonferroni correction, "the district court relied on a different publication (a link to which was apparently embedded in the cited Wikipedia page) for the proposition that it is the 'most conservative' correction. The latter article was not before the court, which should have ruled only on the sufficiency of the allegations in the complaint."

"More importantly, the accuracy of statements on the Wikipedia page and in the article, and the court's assumption that application of other corrections would confirm that the Gencor study produced statistically significant results, are not proper subjects for judicial notice," the Ninth Circuit declared.

The panel did affirm the district court's dismissal of the plaintiffs' RICO claims, however, finding that the complaint lacked plausible allegations of a fraudulent scheme. "The complaint contains no factual allegations plausibly suggesting that the results of the study were altered or that any Defendant knew that the study was either falsified or unreliable," the court said.

To read the memorandum in Bitton v. Gencor Nutrients, Inc., click here.

Why it matters: While the Ninth Circuit reinstated the false advertising and deceptive business practices claims against the defendants (providing a reminder about the proper subjects for judicial notice), the court was not persuaded that the complaint's allegations were sufficient to state a criminal enterprise occurred in violation of the federal RICO statute.

FTC Settles Charges Over Product Claiming to Alleviate Withdrawal, Addiction

The Federal Trade Commission settled with Sunrise Neutraceuticals and principal Joshua Erickson over charges that the defendants deceptively marketed a powered drink mix as capable of helping opiate-addicted individuals overcome addiction and withdrawal.

The Elimidrol powder was touted by the defendants as alleviating the symptoms of withdrawal and increasing the chances of overcoming addiction, the agency said. The Florida-based operation used Internet advertising to get opiate-dependent consumers, with unsubstantiated claims that Elimidrol has a "high success rate … in overcoming opiate withdrawal" and "turns up the chances of a successful recovery," to "permanently overcome withdrawal—the first time."

According to the FTC's November 2015 federal court complaint, the defendants marketed the powder mix as "America's #1 scientifically formulated detox supplement that will provide you with the strength and comfort to successfully overcome opiate withdrawal by alleviating the intense mental and physical discomfort during the process."

All of the claims were unsubstantiated, the FTC said, in violation of Section 5 of the Federal Trade Commission Act. The defendants opted to settle.

Pursuant to the deal, the defendants are prohibited from making deceptive claims for any health-related products and must have competent and reliable scientific evidence for efficacy claims for any health-related product.

Specific to opiate-treatment products, the order requires that the defendants have competent and reliable human clinical testing to back up claims for opiate dependence, addiction, or withdrawal. Such testing must also be used to support claims that a product cures, mitigates, or treats any other disease, including claims related to other substance abuse disorders.

Finally, the defendants must pay $235,000 in redress or disgorgement (with the remainder of the almost $1.4 million judgment suspended).

To read the complaint and the stipulated final judgment order in FTC v. Sunrise Neutraceuticals, click here.

Why it matters: "Opiate addiction has taken a tremendous toll on the American public," Jessica Rich, Director of the FTC's Bureau of Consumer Protection, said in a statement about the case. "By peddling their unproven product, these defendants have prevented people from seeking legitimate treatment." In addition to keeping a close eye on misleading health advertising, the agency noted that the action highlighted its participation in the National Prevention Council, which provides coordination and leadership at the federal level for prevention, wellness, and health promotion practices for Americans at every stage of life.

"Natural" Claims Cost Seventh Generation $4.5M

False advertising suits over "natural" claims continue to cost advertisers millions, with Seventh Generation reaching a $4.5 million deal over claims for its cleaning products.

A trio of consumers alleged that despite labeling terms including "natural," "non-toxic," and "hypoallergenic," the company's laundry detergent and dish liquid contained synthetic preservatives such as methylisothiazolinone and benzisothiazolinone.

After years of litigation and a round of mediation, the parties reached a settlement agreement. Pursuant to the plaintiffs' unopposed motion in support of preliminary approval of the deal, Seventh Generation will pay $4.5 million to establish a settlement fund. Class members—defined as all purchasers of the products nationwide dating back to November 14, 2008, and estimated to be in the "thousands"—who have proof of purchase would receive a full refund on their purchases while those without can get 50 percent of what they paid for up to ten products.

The fund will also pay for $5,000 awards for the three representative plaintiffs, all costs of notice and claims administration, and attorney's fees of up to 33 percent of the $4.5 million. Any remaining funds shall be given to the Center for Science in the Public Interest and the National Consumer Law Center.

In addition, Seventh Generation agreed to remove claims of "all natural" and "100% natural" from its labels and clarify advertising claims about nontoxic and hypoallergenic properties. Specifically, if the products contain challenged synthetic preservatives, the company will feature a disclosure on its website that "hypoallergenic," "non-toxic," or similar statements do not mean that the product will not cause any allergic reaction or irritation in any person, and that a small percentage of individuals may have some form of reaction or irritation to the preservatives.

Further, any product label using the word "natural" will contain a biobased seal or content disclosure that lists the percentage of biobased other ingredients on product labels and provide ingredient information (including origin, such as plant-derived or synthetic) and function on Seventh Generation's website. The defendants must also abide by industry or regulatory labeling standards where applicable.

The settlement "provides excellent relief" to class members, the plaintiffs wrote.

In a statement, the company said it elected to settle to avoid the costs of litigation but stands behind its product labels. "In an industry where there are loose regulations and many corporations are concerned with protecting trade secrets more than public health, we think there is much to cause consumer concern," a spokeswoman for the company said. "But we assure you that you should never doubt the integrity and efficacy of Seventh Generation products or the claims on our packaging."

To read the plaintiffs' unopposed motion in support of preliminary approval of settlement in Rapoport-Hecht v. Seventh Generation, click here.

Why it matters: "Natural" claims continue to be risky labeling choices for advertisers. Seventh Generation is only the latest company to reach a multimillion-dollar settlement in a consumer class action challenging such claims, following on the heels of others including Tom's of Maine, which agreed to pay $4.5 million for claims related to its personal care products and Naked Juice, which poured out $9 million for its "All Natural" and "Non-GMO" labeling.

Revlon's "Age Defying" Product Line Defies Class Action With $900,000 Deal

For $900,000, Revlon has settled a false advertising suit challenging the name of its "Age Defying with DNA Advantage" product line.

Anne Elkind and Sharon Rosen filed suit in 2014 accusing the cosmetics giant of using the product line's name to mislead consumers into believing the foundation, powder, and concealer would alter the genetic code of their skin cells. In reality, the products just had sunscreen, the plaintiffs said, and contained no ingredients that could interact with or otherwise affect the DNA in human skin cells.

After a federal court judge trimmed the suit last year, the parties began to negotiate a settlement and reached a deal last month. They filed a joint motion in support of preliminary approval of the deal in New York federal court.

The terms of the agreement require Revlon to provide $900,000 for a settlement fund that will pay for notice and administrative costs, two class representative awards of $5,000, and a class counsel award of up to $590,000. The remainder will be used to refund class members $3 per purchase, with up to three claims possible without a receipt. Class members with receipts shall receive $3 per claim with no cap on the number of the claims.

No less than $250,000 but no more than $400,000 shall be paid to the estimated tens of thousands of nationwide claimants, so in the event that claims exceed $400,000, payments will be reduced on a pro rata basis.

The motion noted that discovery revealed a Revlon document assigning a premium price to the DNA Advantage products of about 7 percent per package, or approximately $1 for a $15 purchase. "Here, the Settlement provides $3 per package to class members, or triple the expected trial result," the parties wrote. "Since the premium price attributable to the allegedly false advertising is the most the class could have received at trial, and the Settlement trebles that amount, the result is favorable to the class."

Revlon also agreed to "discontinue and not recommence manufacturing, advertising, promotion, distribution, offer for sale, and sale" of the three products in the DNA Advantage line by the end of December 2017. The company noted it has already stopped the manufacturing and sale of the concealer and powder.

To read the joint motion in support of preliminary approval of settlement in Elkind v. Revlon Consumer Products Corp., click here.

Why it matters: The motion in support of the agreement emphasized the "complex issues" presented by the plaintiffs' claims, arguing that the value of the settlement far outweighed the costs and risks of continuing to litigate the efficacy of the DNA Advantage claims, particularly as Revlon agreed to pay about three times the price premium for the products.

Shield Yourself: Final Data Transfer Agreement Is Here

The final agreement between the United States and the European Union to regulate the transatlantic transfer of data is now in place.

The proposal for the EU-U.S. Privacy Shield was released in February after the previous iteration of the agreement, the Safe Harbor, was struck down by the EU's highest court in 2015.

That decision resulted from a complaint filed by Austrian citizen Max Schrems in the wake of Edward Snowden's revelations about the surveillance activities of the National Security Agency. He sought an order to prohibit a social networking site from transferring his personal data to the United States. Schrems argued that the U.S. did not ensure adequate protection of his data as required by EU law because of the surveillance activities exposed by Snowden.

The Shield features several additions intended to ameliorate concerns in the EU over the handling of data in the United States, such as a promise from the U.S. government not to conduct mass surveillance of transferred data, the establishment of a cause of action for European citizens to allege violations of their privacy rights in American courts, and the creation of an ombudsperson to deal with complaints from the EU with regard to data transfer.

Critics were unimpressed with the changes from the Safe Harbor, with some governments in the EU expressing concern that the Shield still did not go far enough to protect the data of its citizens.

In response, some tweaks were made to the initial version of the deal, including a commitment that the ombudsperson will be independent from national security services as well as explicit data retention rules requiring companies to delete data that no longer meets the purpose for which it was collected.

The changes were enough to sway the members of the EU, who voted to ratify the agreement on July 8. The European Commission formally adopted the data transfer pact on July 12. Companies will be able to begin certifying their compliance on August 1 with the U.S. Department of Commerce.

To read guidance on how to join the Privacy Shield, click here.

Why it matters: While some members of the EU continue to grumble about the deal and critics caution that the Shield will not withstand judicial scrutiny (Schrems has promised to file a similar challenge), regulators and governmental entities hailed the fact that the agreement is in place. "[T]he EU-U.S. Privacy Shield will ensure a high level of protection for individuals and legal certainty for business," Andrus Ansip, the Vice President for the Digital Single Market on the European Commission and Vera Jourova, the European Commissioner for Justice, Consumers, and Gender Equality, said in a joint statement. "It is fundamentally different from the old 'Safe Harbour': It imposes clear and strong obligations on companies handling the data and makes sure those rules are followed and enforced in practice." Federal Trade Commission Chair Edith Ramirez agreed. "I welcome the European Commission's approval of the EU-U.S. Privacy Shield Framework," she said in a statement. "The FTC has a strong track record of protecting consumer privacy, and we will remain vigilant as we enforce the new framework. We will also continue to work closely with our European counterparts to provide robust privacy and data security protections for consumers in the United States and Europe."

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
Contact
more
less

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 www.jdsupra.com) (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 privacy@jdsupra.com.

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 privacy@jdsupra.com 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 privacy@jdsupra.com 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 privacy@jdsupra.com. 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 privacy@jdsupra.com.

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: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (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 legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. 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 http://www.aboutcookies.org 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: privacy@jdsupra.com.

- 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.