Advertising Law -- May 09, 2013

Manatt, Phelps & Phillips, LLP

In This Issue

Marc Roth and Lindsay Conner to Serve as Faculty for PLI Information Technology Law Institute 2013

The Practising Law Institute is offering a second opportunity to attend its annual Information Technology Law Institute on May 16-17, 2013 in San Francisco or by webcast. The focus of this year’s seminar – which was also held in New York on April 11-12 – is Privacy and Cybersecurity, Mobile Advertising, Digital Distribution, Social Media and the Third Industrial Revolution, among many other issues impacting this rapidly evolving landscape.

Manatt partner Marc Roth is co-chair of this year’s conference and will kick off the day with introductory remarks. He will also participate in a session titled, “Advertising Beyond the Web: Opportunities and Challenges for Mobile Devices, Tablets and Other Technology” along with co-presenter Lesley Fair of the FTC’s Bureau of Consumer Protection. They will discuss how traditional advertising rules apply to wireless devices; outline issues presented by consumers interacting with ads; and highlight top regulatory concerns in this area.

Manatt partner Lindsay Conner will deliver a presentation on “The Innovative Influence of Digital Distribution for Books, Music, Films, Television, Videos and Other Content,” in which he will discuss how digital distribution is transforming intellectual property distribution; economic benefits from digital distribution; and the critical content issues behind Viacom v. YouTube, among other topics.

Registrants can attend the program in San Francisco or watch a webcast of the live event which starts at 9:00 am Pacific. For more information or to register for this event, click here.

Harsh Criticism for Ad Industry Over DNT

The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and asked, “What exactly is the holdup?”

Hosted by the Senate Committee on Commerce, Science, and Transportation, the hearing was intended to ascertain the status of DNT standards. Lou Mastria of the Digital Advertising Alliance explained to the assembled legislators that despite no formal DNT system, the industry’s self-regulatory program has provided consumers with meaningful information and the ability to opt out of behavioral advertising.

Mastria also suggested that Microsoft and Mozilla have stalled the DNT process by making changes to their browsers without discussions with the ad industry. Last year Microsoft announced that the tenth version of Internet Explorer would default to DNT, while earlier this year Mozilla said it would begin automatically blocking third-party cookies.

But Sen. Rockefeller – who reintroduced a DNT bill earlier this year – was not convinced. “I do not want to hear assertions that the current self-regulatory scheme fulfills Do Not Track requests,” he told Mastria. “Advertising folks are continuing to ignore Do-Not-Track headers,” Sen. Rockefeller added. “There’s a broad feeling that the advertisers and data brokers are just dragging their feet. I believe that they are. And I believe they’re doing it purposely.”

Even the World Wide Web Consortium (W3C) received some of the lawmaker’s wrath. A working group created by the organization reached an impasse last fall in its efforts to define DNT and what features the program should include. While both the Federal Trade Commission and the White House have indicated that the W3C is an appropriate forum to determine such matters, Sen. Rockefeller said the group “has no authority whatsoever.”

The answer, at least according to Sen. Rockefeller, is federal legislation. “I do not believe that companies with business models based on the collection and monetization of personal information will voluntarily stop those practices if it negatively impacts their profit margins.”

Why it matters: While the hearing reiterated Sen. Rockefeller’s support for federal regulation of DNT, whether his bill has enough backing for passage remains uncertain. One person in Sen. Rockefeller’s corner is new FTC Chairperson Edith Ramirez, who in a recent speech before the American Advertising Foundation praised Microsoft’s and Mozilla’s browser moves and said a functional DNT system is “long overdue.”

FTC Releases FAQs for COPPA

To help Web site operators, mobile app developers, plug-ins, and advertising networks prepare for the forthcoming changes to the Children’s Online Privacy Protection Act Rule, the Federal Trade Commission has released an FAQ guide.

The new Rule is set to take effect July 1.

Finalized amendments to the COPPA Rule were issued in December 2012 in an attempt to keep up with current technology, particularly in light of the rise of social media and mobile devices. The final amended Rule broadened several definitions, including “personal information” and “operator,” as well as updated the requirements for notice, parental consent, confidentiality, security and data retention and deletion.

“Complying with COPPA: Frequently Asked Questions” includes answers to general questions like “What is personal information?” as well as those specific to the upcoming changes, including “What should I do about information I collected from children prior to the effective date that was not considered personal under the original Rule but now is considered personal information under the amended Rule?” The answer: it depends.

Photos need not be destroyed, but companies should stop using the images or obtain parental consent to do so. Children’s screen names and information stored in cookies may be retained but cannot be associated with new data absent parental consent. Geolocation data, however, cannot be used unless the company obtains retroactive parental consent, and going forward “operators are required to obtain parental consent prior to collection [of] geolocation information,” the FAQs explain.

Other tips from the agency: although persistent cookies may be used to personalize content (like remembering “game scores, or character choices in virtual worlds,” the FTC said), they may not be used to knowingly send behaviorally targeted advertising to children. Privacy policies should also be examined to comply with the Rule changes (informing users if any data collected is performed by third parties, for example) and links to the policy should be “clear and prominent,” not hidden among several other links or buried in small print at the bottom of a page.

To read the FTC’s FAQs, click here.

Why it matters: Advertisers should note that the guidance, while helpful, is not officially binding on the Commission. Given the short time frame between the issuance of the FAQs and the beginning of enforcement of the new Rule – approximately 10 weeks – groups like the Interactive Advertising Bureau and the Motion Picture Association of America had requested that the FTC push back the effective date from July 1 to January 1, 2014. However, earlier this week, the FTC voted unanimously in favor of retaining the July 1 implementation date.

Should the FCC Update Its Indecency Policies?

After years of high-profile incidents and multiple legal challenges, the Federal Communications Commission is considering an update to the agency’s broadcast indecency policies.

The FCC Enforcement Bureau and the Office of General Counsel are seeking public comment on whether to keep the current rules in effect or to make changes to the policy on isolated expletives and fleeting instances of nonsexual nudity.

The agency’s authority to regulate indecency was upheld by the U.S. Supreme Court in the infamous 1978 case FCC v. Pacifica Foundation, which involved George Carlin’s “Seven Words You Can Never Say On Television.” While enforcement of the FCC’s policy has waxed and waned over the years, the agency addressed several high-profile incidents during the terms of President George W. Bush, most notably the Super Bowl “wardrobe malfunction” involving Janet Jackson (and Justin Timberlake), for which the agency fined CBS $550,000.

The agency also warned a broadcast network when Cher and Nicole Richie uttered expletives at the Golden Globes ceremony, and it warned and later fined ABC more than $1 million over a seven-second image of nudity on NYPD Blue. The broadcasters challenged the FCC’s rules, calling them “arbitrary and capricious,” in litigation that twice went all the way up to the U.S. Supreme Court. In 2009 the justices upheld the agency’s ban on fleeting indecency and declined to address the broadcasters’ First Amendment challenge to the policy.

On remand, the U.S. Court of Appeals for the Second Circuit held that the agency’s rules are “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue.” But when the case returned to the Supreme Court last year, the justices again sidestepped the issue and found that the agency’s enforcement policy was “vague” and failed to satisfy the due process rights of broadcasters.

In light of the Court’s decision, FCC Chairman Julius Genachowski (who resigned and will be leaving in the near future) instructed Commission staff “to commence a review of the Commission’s broadcast indecency policies and enforcement to ensure they are fully consistent with vital First Amendment principles.”

In a statement, the FCC said it is seeking “comment on whether the full Commission should make changes to its current broadcast indecency policies or maintain them as they are. For example, should the Commission treat isolated expletives in a manner consistent with its decision in Pacifica Foundation or instead maintain the approach to isolated expletives set forth in its decision in Complaints Against Various Broadcast Licensees Regarding Their Airing of the ‘Golden Globe Awards’ Program? As another example, should the Commission treat isolated (non-sexual) nudity the same as or differently than isolated expletives? Commenters are invited to address these issues as well as any other aspect of the Commission’s substantive indecency policies.”

Comments will be accepted until May 20.

To read the FCC’s press release, click here.

Why it matters: The agency noted that as a result of the Court’s decision, it stepped up enforcement actions and closed more than 1 million complaints since September 2012, “principally by closing pending complaints that were beyond the statute of limitations or too stale to pursue, that involved cases outside FCC jurisdiction, that contained insufficient information, or that were foreclosed by settled precedent.” If the agency chooses to update the broadcast indecency policy – a move that will likely be welcomed by broadcasters – we will continue to follow the story.

Senate to Vote on the Marketplace Fairness Act

New proposed Senate legislation that would allow state governments to require out-of-state retailers with $1 million or more in sales revenue to collect tax from consumers is proceeding quickly through the legislature despite opposition from the advertising industry.

The Marketplace Fairness Act, S.743, was introduced in early April. The proposed law modifies a 1992 U.S. Supreme Court decision that held that state governments cannot require retailers to collect state tax unless they have a physical presence in the state, which has been interpreted to mean a brick-and-mortar store.

Supporters argue that the so-called “Amazon Tax” levels the playing field between online companies and brick-and-mortar stores that collect tax on their sales. Although consumers are required to self-report taxes for online purchases, few consumers honor the law.

“The Marketplace Fairness Act is a bill whose time has come in Congress and one that is long overdue for states, local governments and small businesses,” Sen. Dick Durbin (D-Ill.), a sponsor of the legislation, said about the bill.

Before being referred to a committee or marked up, Senators voted 63 to 30 to end debate on the bill and advance it for a full Senate vote on May 6. The bill passed the Senate by a 69 to 27 vote, sending it the House.

With limited time remaining, opponents are speaking out about problems with the bill. Senators from states that do not impose a sales tax – like Montana, New Hampshire and Oregon – have expressed concern about the administrative burdens on their constituents, while e-tailers and members of the advertising industry have decried the procedural problems for covered online sellers.

The Act would “hinder economic growth and job creation,” the Direct Marketing Association wrote in a letter to the Senate. It cited the need to discuss complex issues that include the possibility that companies could be subject to dozens of different tax laws and the variance of state sales tax holidays.

“The bill makes complex changes to the economy while leaving many important questions unanswered – putting both businesses and consumers in harm’s way,” the DMA wrote. “The Senate should hold states accountable before granting them expansive new tax powers and we respectfully request that you vote against any Internet sales tax proposal that does not include reasonable simplification requirements.”

To read the Marketplace Fairness Act, S.743, click here

To read the DMA’s letter, click here

Why it matters: Multiple states have attempted to pass similar laws, with varying results. Colorado’s law was ruled invalid in 2011, while New York’s law was recently upheld. Observers have predicted that the proposed law will face more of a challenge from the House, where Rep. Bob Goodlatte (R-Va.) expressed his intent to “scrutinize” the legislation.

Supreme Court Denies Cert in Cigarette Labeling Case

The U.S. Supreme Court denied a writ of certiorari filed by the tobacco companies challenging the advertising regulations promulgated pursuant to the Family Smoking Prevention and Tobacco Act.

Pursuant to the 2009 Act, the Food and Drug Administration issued new rules that required at least 50 percent of all cigarette packaging to be covered by a warning label that included both a color image and a written message such as “Smoking can kill you” or “Cigarettes are addictive.” The agency selected the images to be used, like a picture of a post-autopsy body and a man blowing smoke out of a tracheotomy hole.

The tobacco companies made two separate challenges to the rules. In the U.S. District Court for the District of Columbia, R.J. Reynolds, Lorillard, and Liggett Group, among others, sought an injunction against the enforcement of the new requirements. U.S. District Court Judge Richard J. Leon agreed that the “mandatory graphic images unconstitutionally compel speech” and that the tobacco companies would “suffer irreparable harm absent injunctive relief pending a judicial review of the constitutionality of the FDA’s rules.” The FDA appealed, but the D.C. Circuit Court of Appeals affirmed.

At the same time, another group of tobacco companies filed a facial First Amendment challenge to the rules in their entirety – and got an entirely different result. A federal court judge in Kentucky upheld the rules, and the U.S. Court of Appeals for the Sixth Circuit affirmed, holding that “the Act’s warnings are reasonably related to the government’s interest in preventing consumer deception and are therefore constitutional.”

The panel upheld the restriction on the marketing of modified-risk tobacco products (like “light” cigarettes); the bans on event sponsorship, branding of nontobacco merchandise, and free sampling; and the requirement that tobacco manufacturers reserve significant space for textual health warnings.

The defendants then filed cert with the U.S. Supreme Court, which the justices denied in late April.

While the Court’s cert denial allows the 6th Circuit to stand, the contested rules may never be enforced. The Solicitor General declined to file a writ of certiorari in the D.C. Circuit case and in a letter from U.S. Attorney General Eric H. Holder Jr. noted that the FDA plans to engage in “new rulemaking consistent with the Tobacco Control Act.”

Why it matters: The Supreme Court’s cert denial may leave the 6th Circuit decision intact, but because the FDA has indicated that it plans to engage in new rulemaking, the tobacco companies have effectively avoided compliance with the stringent new rules.

Noted and Quoted . . . Linda Goldstein Outlines FTC’s Anticipated Enforcement Priorities for InsideCounsel Magazine

On April 24, 2013, Linda Goldstein, Chair of Manatt’s Advertising, Marketing & Media Division, penned a column for InsideCounsel highlighting six areas in which the Federal Trade Commission is likely to focus its enforcement efforts in the coming months.

The article is part of a series authored by Linda that InsideCounsel has featured over the past few months, and this final installment looks to the FTC’s Annual Highlights Report, which was recently issued by the newly appointed Chairwoman Edith Ramirez, for cues as to the agency’s key enforcement priorities and trends. Among them are privacy and data security – which will undoubtedly be a top concern for the FTC – and activities involving marketing to children – which continue to be highly scrutinized following the FTC’s release of revised COPPA guidelines and its report on mobile apps directed to kids.

According to Linda, “The world of compliance has suddenly become far more complex. . . . To truly understand the FTC’s current thinking and how your own company’s marketing practices are likely to fare in the eyes of the FTC it is important to stay abreast of all of these developments as important sources of guidance.”

To read the full article, 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.

© 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.