Aegerion Settles Criminal and Civil Probe of Promotional Practices, REMS and HIPAA Compliance, and Patient Assistance Programs

by Skadden, Arps, Slate, Meagher & Flom LLP
Contact

Skadden, Arps, Slate, Meagher & Flom LLP

On September 22, 2017, Aegerion Pharmaceuticals resolved a wide-ranging probe by the Department of Justice (DOJ) regarding the company’s U.S. commercial activities relating to Juxtapid, a lipid-lowering agent for the treatment of homozygous familial hypercholesterolemia (HoFH).1 As detailed below, DOJ relied on a number of statutes and a complex web of agreements to address a wide array of alleged misconduct, including:

  • two misdemeanor violations of the federal Food, Drug and Cosmetic Act (FDCA), with $7.2 million in criminal fines and forfeiture, to resolve alleged misbranding in the form of off-label promotion and noncompliance with an FDA-mandated Risk Evaluation and Mitigation Strategy (REMS);
  • a deferred prosecution agreement (DPA) to resolve charges of conspiracy to violate the Health Insurance Portability and Accountability Act (HIPAA); and
  • a $28.8 million civil False Claims Act settlement (and related settlements with various states) to resolve allegations relating to Aegerion’s promotional and patient assistance program activities.

In addition, the company agreed to a series of forward-looking measures, including a corporate integrity agreement (CIA), an FDA consent decree of permanent injunction and extensive compliance obligations incorporated into the plea agreement and DPA.

Key Takeaways

  • Criminal FDCA charges and imposition of a consent decree demonstrate that the government will still pursue criminal liability for off-label promotional activities and has expanded its focus to REMS compliance.
  • The DPA for HIPAA violations highlights the risks for pharmaceutical companies that handle protected health information, while the DPA’s compliance provisions provide guidance for establishing privacy controls within drug and device companies.
  • The civil FCA resolution is the second one setting forth the government’s theory that donations to a copay charity may violate the Anti-Kickback Statute (AKS) where the charity lacks independence from the manufacturer.
  • The CIA represents the most recent government guidance regarding controls intended to ensure a manufacturer’s charitable donations do not run afoul of the AKS, and also continues the trend of imposing demanding oversight requirements in recent CIAs involving pharmaceutical companies.
  • Whistleblowers continue to be a primary catalyst for DOJ investigations, with the three relators in this case receiving a total of $4.7 million.2

FDCA Used to Impose Criminal Liability for Misbranding and REMS Noncompliance

Two components of the settlement — the criminal plea agreement and the FDA consent decree — resolve Aegerion’s FDCA liability. The factual basis for that liability is set forth in an Information that charges two separate misdemeanor FDCA violations.

Promotion of Juxtapid for Unapproved Uses. The Information charges that Aegerion misbranded Juxtapid by promoting it for uses for which the drug’s label lacked adequate directions for use, in violation of 21 U.S.C. § 352(f). The Information asserted that Aegerion:

  • sought and received Orphan approval for Juxtapid because it was intended to treat HoFH, a malady expected to occur in approximately one in 1 million patients;
  • nevertheless trained sales representatives to more broadly promote Juxtapid by intentionally failing to define HoFH, discouraging the use of genetic testing and established diagnostic criteria to identify HoFH patients, misleading prescribers regarding the clinical profiles of patients in the Juxtapid pivotal trial, and identifying patients whose clinical profiles did not meet established diagnostic criteria for HoFH;
  • trained sales representatives to tell prescribers and patients that using Juxtapid would prevent “impending” heart attacks or strokes, although Aegerion did not have data showing Juxtapid had a meaningful effect on cardiovascular mortality or morbidity;3 and
  • promoted Juxtapid for use as monotherapy, despite the drug’s indication as adjunctive therapy.

Noncompliance With Juxtapid REMS. The Information also alleges that Aegerion failed to comply with the Juxtapid REMS, which was designed to ensure that Juxtapid’s benefits outweighed the drug’s risk of liver toxicity by educating prescribers about that risk and restricting access to Juxtapid to patients with a diagnosis consistent with HoFH. The Information asserts that Aegerion was responsible for implementing, maintaining, monitoring and evaluating the REMS but violated 21 U.S.C. § 352(f) when:

  • sales representatives advised prescribers that they could sign required REMS attestations for patients whose clinical profiles did not meet established diagnostic criteria for HoFH, completed attestations without prescribers’ knowledge, and included false and misleading information in statements of medical necessity to make patients appear to be HoFH patients on forms submitted to FDA about the REMS program;
  • Aegerion failed to conduct REMS training for physicians who supervised nurse practitioners who were prescribing Juxtapid; and
  • Aegerion provided misleading information regarding who was being prescribed Juxtapid to FDA in a required REMS assessment report.

Plea Agreement. In addition to pleading guilty to the two-count Information, Aegerion agreed to pay a $6.2 million criminal fine and $1 million in restitution. The plea agreement also requires that for three years, Aegerion, its president and its parent company’s board of directors annually review and certify compliance with the plea agreement and consent decree.

Consent Decree. The consent decree requires Aegerion to comply with the Juxtapid REMS, retain an independent auditor to annually audit and monitor its REMS compliance for a period of five years and remediate any noncompliance within specified time frames. If FDA determines that Aegerion has failed to comply with the consent decree or FDCA, it may take various administrative actions (including ordering Aegerion to cease selling, detailing or distributing Juxtapid), pursue further civil or criminal penalties, or impose stipulated financial penalties.

Analysis of FDCA Resolutions. The theories of FDCA liability and the resulting resolutions in the Aegerion case are notable for a number of reasons. First, in recent years, many industry observers have noted a marked decline in criminal cases based on alleged off-label promotion.4 The resolution in Aegerion, however, shows that DOJ and FDA will still pursue criminal charges in off-label promotion cases, particularly where certain “aggravating factors” are present. In the case of Aegerion, those factors appear to have been (1) flouting FDA’s regulatory authority — the Information asserts that Aegerion repeatedly represented to FDA that it would not promote the drug beyond the narrow HoFH indication; and (2) identified patient harm — the Information specifically alleges that numerous patients, including elderly and pediatric patients, suffered significant adverse events due to unapproved use of Juxtapid. In short, while the government has primarily pursued off-label cases through civil resolutions in recent years, companies should not assume that criminal off-label liability is off the table in appropriate cases.

Second, Aegerion is the second settlement this month to involve allegations that a pharmaceutical company failed to comply with its obligations under an FDA-mandated REMS program. On September 5, 2017, DOJ announced a $58 million civil settlement with Novo Nordisk that, among other things, resolved allegations that Novo Nordisk provided sales representatives with tactics to counter and neutralize the risk message required by the REMS for its Type II diabetes drug, Victoza. Following on the heels of the Novo Nordisk settlement, the Aegerion plea agreement and consent decree make clear that failure to comply with obligations under a REMS program creates both criminal and civil liability for companies subject to such programs. It also represents a novel use of the consent decree to address REMS compliance requirements, as historically, consent decrees have more often been imposed to address chronic manufacturing process deficiencies.

HIPAA Violations by Sales Personnel Result in Deferred Prosecution Agreement

Aegerion entered into a three-year DPA to resolve a charge that it conspired to violate HIPAA’s patient privacy provisions. According to the DPA’s agreed statement of facts, from January 2013 through 2015, Aegerion sales personnel obtained access to patients’ protected health information without the requisite patient authorization in order to market Juxtapid to physicians and patients. Aegerion acknowledged that at the direction of and with the approval of senior management, Aegerion sales employees violated HIPAA by (1) gaining access to physicians’ electronic medical record systems to identify potential patients for Juxtapid; (2) completing or assisting with completion of statements of medical necessity or prior authorizations for insurance coverage; (3) contacting patients directly to convince them to use Juxtapid or to obtain authorization to allow Aegerion customer service personnel to access their protected health information; (4) forging signatures on patient authorization forms; (5) obtaining patient signatures on HIPAA authorizations in English from non-English speaking patients who did not understand the nature of the HIPAA release; and (6) providing gifts or benefits to medical staff in exchange for access to patient data. The DPA also states that Aegerion sales managers and executives instructed sales employees to wear surgical scrubs in order to blend in with the office staff to facilitate access to HIPAA-protected information and implemented incentive compensation programs that motivated sales personnel to improperly access protected health information.

Under the terms of the DPA, Aegerion agreed to institute and maintain a compliance and ethics program designed to prevent, detect and correct HIPAA violations. The DPA imposes several certification and reporting obligations for Aegerion and its parent company’s board of directors as part of that compliance program. For example, the DPA requires Aegerion to maintain a log of all reports of questionable HIPAA-related practices by Aegerion employees, and Aegerion’s compliance officer is required to annually certify that the company maintained that log and report the number of log entries that relate to HIPAA. Aegerion’s president is required to annually certify the effectiveness of the company’s compliance program in detecting and preventing HIPAA violations, and the board of directors for Aegerion’s parent company (or any future parent company) must conduct a review of the effectiveness of the HIPAA compliance program and submit a resolution to the government as to its findings of that review. Finally, Aegerion must provide the government with quarterly reports of any reportable events that a reasonable person would consider a probable violation of HIPAA.

The Aegerion settlement follows the 2015 Warner Chilcott settlement, which also included a manufacturer’s plea to violations of HIPAA. These resolutions suggest that the government will pursue HIPAA charges even in instances where the target is not a covered entity under HIPAA. Both settlements involved allegations that sales personnel accessed patient files containing HIPAA-protected information, without permission, for commercial purposes. These settlements highlight the risk posed by having sales personnel involved in activities that give them access to protected health information.

Civil False Claims Act Settlement Resolves Allegations Regarding Inducements to Patients Through Donations to Copay Charity, Promotional Practices

Aegerion entered into a civil False Claims Act settlement (and related state settlements) and agreed to pay $28.8 million to resolve four discrete categories of covered conduct: (1) unlawfully inducing patients to purchase Juxtapid by channeling donations to a charitable patient assistance organization where Aegerion participated in the creation of the fund and in establishing the criteria for coverage to facilitate copays for Juxtapid; (2) distributing Juxtapid for uses beyond “medically accepted indication[s]” that were thus not reimbursable by federal health care programs; (3) making false and misleading statements about the safe and effective use of Juxtapid, which circumvented the FDA-required REMS; and (4) providing (and instructing physicians to provide) false information in prior authorization forms and letters of medical necessity that were provided to health insurers.

Although much of this alleged conduct is addressed through other components of the resolution, only the civil settlement addresses Aegerion’s donations to third-party charitable organizations. This part of the settlement is notable because patient assistance programs are an area of intense government scrutiny. The Aegerion resolution represents the second time that DOJ has publicly articulated a theory that manufacturer donations to a patient assistance organization may violate the AKS when the charity does not operate with sufficient independence from the manufacturer and the manufacturer’s donations disproportionately benefit its patients.

CIA Establishes Rigorous Oversight Requirements and Includes New Controls for Relationships With Independent Copay Charities

Aegerion’s five-year CIA incorporates many of the most rigorous oversight provisions found in recent pharmaceutical company CIAs. Some noteworthy provisions of Aegerion’s CIA include:

  • The compliance obligations imposed on the board of directors apply to the board of Novelion Therapeutics, Aegerion’s foreign-based parent.
  • The chief compliance officer must report to the president of Aegerion and the global chief compliance officer at Novelion.
  • Management certifications are required by officers of both Novelion and Aegerion.
  • A financial recoupment program must be implemented that puts up to three years of annual performance pay at risk for specific covered executives if certain types of misconduct occur.
  • An annual risk assessment and mitigation process must be implemented.
  • Aegerion must conduct field force monitoring activities.

In addition, the Aegerion CIA is the first to include reasonably specific compliance controls focused on a drug manufacturer’s relationship with and donations to an independent patient assistance charity. These controls include strict separation of patient assistance program decision-making from commercial personnel, limits on interactions with copay charities and internal rules regarding the budgeting process for donations to copay charities.

Implications for Drug and Device Manufacturers

The Aegerion global settlement is sweeping in its scope and detail. The settlement addresses alleged misconduct in several emerging risk areas, including compliance with FDA-mandated REMS requirements, access to protected health information under HIPAA, the accuracy and completeness of prior authorization and letters of medical necessity provided by companies to insurers, and relationships with and donations to charitable copay foundations.

The collection of documents generated by the settlement provides companies with an opportunity to assess their existing compliance programs and controls against those found in the Aegerion settlement materials, particularly in areas where government guidance has not been forthcoming. In addition, the Aegerion case reinforces the importance of assessing the drivers of behaviors (including but not limited to incentive compensation) and the role such drivers might play in encouraging or incentivizing improper conduct.

______________________

1 The company also resolved allegations by the Securities and Exchange Commission (SEC) relating to the company’s disclosure practices. The SEC settlement is outside the scope of this client alert.

2 United States ex rel. Clarke, et al. v. Aegerion Pharmaceuticals, Inc., et al., No. 13-CV-11785 (D. Mass.).

3 Notably, in November 2013, FDA issued a warning letter to Aegerion regarding public statements the company’s CEO had made that FDA determined misleadingly suggested Juxtapid was safe and effective in decreasing the occurrence of cardiovascular events including heart attacks and strokes. The letter noted the limitation of use in Juxtapid’s prescribing information stating that the effect of the drug on cardiovascular morbidity and mortality had not been determined.

4 DOJ has pursued few criminal off-label promotion cases since the U.S. Court of Appeals for the Second Circuit’s 2012 ruling in United States v. Caronia that the FDCA neither prohibits nor criminalizes truthful, nonmisleading speech that may constitute off-label promotion of an approved prescription drug. 703 F.3d 149 (2d Cir. 2012). At the same time, however, DOJ and state attorneys general have continued to pursue off-label promotion through civil settlements and, in the past 19 months, have recovered more than $716.5 million in four settlements based, at least in part, on improper promotional claims. SeeRecent Settlements Suggest Off-Label Cases Aren’t Extinct,” John Bentivoglio, Jennifer Bragg, Avia Dunn and Elizabeth Berry, Law360 (August 30, 2017).

Download pdf

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.

© Skadden, Arps, Slate, Meagher & Flom LLP | Attorney Advertising

Written by:

Skadden, Arps, Slate, Meagher & Flom LLP
Contact
more
less

Skadden, Arps, Slate, Meagher & Flom 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.