Alert: No 11th Hour Reprieve: GE Rules Upheld

Cooley LLP

With a second court ruling in late June in favor of the U.S. Department of Education, the Gainful Employment Rules ("GE Rules") took effect on July 1, 2015. The GE Rules will, ultimately, provide new challenges to the eligibility of thousands of vocational programs and impose new demands on thousands of institutions to meet reporting, disclosure, certification and other requirements. The court decision1 effectively ends hope for immediate relief from the GE Rules, which authorize the Department (or "ED") to calculate new debt-to-earnings rates ("D/E Rates") for all educational programs which, according to the regulation, "prepare students for gainful employment in a recognized occupation" ("GE programs"). While there are bills pending in the Congress that would eliminate or modify the GE Rules, the likelihood of any becoming law soon enough to avoid the initial impact of the rules is presently remote. Therefore the operating assumption should be to proceed with preparations for compliance.

In the near term, the GE Rules impose a host of rapidly approaching deadlines and reporting and certification requirements.2 The deadlines and requirements summarized in the following chart apply to almost 40,000 GE programs offered at proprietary, non-profit and public institutions.3 Even if programs may be spared the calculation of D/E Rates (particularly due to small cohorts of graduates), these other requirements still apply. However, in recent communications, ED has signaled that the date for publication of the first set of "final" rates, with the attendant requirement for institutions to issue "warnings" to students about potentially failing programs, is not expected to occur until early 2017, with failing programs subject to termination a year later.

Upcoming Deadlines and Timeline

Important Dates Deadlines Explanation
July 31, 2015 First Reporting Deadline Schools must submit required data (focusing on the enrollment status, tuition charges and educational loans) for all Title IV students enrolled in all GE programs across six award years, from the 2008/2009 – 2013/2014 AYs.
October 1, 2015 Second Reporting Deadline Schools must submit all required data for Title IV students enrolled in GE programs in the 2014/2015 AY.
July 1, 2015-December 31, 2015 New Certification Requirements The institution's most senior executive must certify that all GE programs 1) are properly accredited; 2) hold any state and federal programmatic accreditation required for programs in the particular field; and 3) satisfy any prerequisites for graduates to obtain professional licensure for each state in which the institution has a physical presence or is required to be authorized.
Fall 2015* Student List Exchange ED provides institutions with the list of students whose debt and earnings will be used to calculate the D/E Rates for each GE program. Institutions have 45 days to review and correct the list.
Early 2016* ED Receives Earnings Data from the Social Security Administration ("SSA") Estimated period for ED to obtain earnings information for graduates of all GE programs from SSA. Institutions do not take part in this process or have any opportunity to review this data.
Late Spring/Early Summer 2016* Draft Rates Released Estimated period for release of draft D/E Rates. These draft rates will become final unless schools contest ED's data on the list of graduates and their debt amounts. If a GE program receives draft rates that are failing or in "the zone," the school may be limited in its ability to add new programs that are "substantially similar" to that GE program. Institutions have 45 days to challenge the median loan debt used to calculate the draft D/E Rates.
Early 2017** Final Rates Released Estimated period for release of final D/E Rates. Schools will be required to issue warnings to their students for any program that has final rates that are failing. Schools may only appeal at this based on new earnings data from a state database or a school survey of its graduates.

* These time frames are based on recent informal and non-binding guidance from ED, and are subject to change.

** In the New York lawsuit and in other recent communications to Capitol Hill, ED has signaled that it does not expect to publish the first set of D/E Rates in final form until early 2017. The Department's June 30th Dear Colleague Letter states that ED expects to calculate the first set of rates in 2016, which would seem consistent with a timeline to complete the correction process in order to publish those rates in final and enforceable form in early 2017.

Reporting Requirements

The GE Rules require schools to submit the bulk of the data that ED will use to calculate the all-important median loan debt figures that will be used in the D/E Rates for each GE program, with deadlines of July 31, 2015 and October 1, 2015. Schools must provide tuition charges and loan data on all Title IV recipients enrolled in a covered program, except those students who only received Federal Work-Study aid. Students should be reported in each award year they were enrolled in the GE program regardless of whether they withdrew, completed, or remain enrolled. There are no exceptions to the reporting requirements. If an institution is unable to provide any of the required information, it must provide ED with an explanation of that failure, but it is not clear if or how ED will respond to such failings.

Data to be Reported

Schools must report three general types of information: the identity of the GE program, the identity and enrollment status of the students, and financial information for those students.

The GE program includes the program name, Classification of Instructional Programs ("CIP") code, credential level, and published length in weeks, months or years. A school's GE programs are identified by the institution's six-digit Office of Postsecondary Education ID ("OPEID") number, the program's six-digit CIP code and the program's credential level. It will be particularly vital to use the correct CIP code, since that code is a key variable that ED uses to define a GE program.

The student data includes the student's social security number, date of birth, and full name, and the student's attendance start date and enrollment status during the reporting year.

Finally, the financial information for each student is critically important because it will be used to calculate the median loan debt for the D/E Rates. For each student the institution must report:

  • The amount of private loans (including institutional loans) that the institution is or should be "reasonably aware of."
  • The amount of institutional debt (such as institutional financing plans) that the student owes at the time of completion or withdrawal. This includes any outstanding fees, such as library fees and graduation costs.
  • The tuition and fees charged (this is the total charged before any aid or scholarships are applied, according to ED guidance).
  • The allowance for books, supplies and equipment (as established using the school's cost of attendance figures).

Reporting is completed electronically through the National Student Loan Data System. The reporting requirements are both detailed and voluminous. We urge you to consult the ED guidance on the subject.


Institutions that are filing initial or recertification applications with ED, or expect to receive a new program participation agreement ("PPA") from ED, at any time before December 31, 2015 will be required to have their CEO or other senior executive officer certify that the institution holds all of the federal, state and accreditor approvals required for each GE program.4 Specifically, the executive must certify that each such program is properly listed on the institution's Eligibility and Certification Approval Report and it:

  1. is approved by a Department-recognized accrediting agency or is otherwise included in the institution's accreditation by such an agency;5
  2. is programmatically accredited if such accreditation is required by a federal or state agency in any state in which the institution has a physical location or is required to hold state authorization; and
  3. satisfies the educational prerequisites for graduates to seek licensure in their field in any state in which the institution has a physical location or is required to hold state authorization.

The state law ramifications applicable to the second and third points may warrant particularly careful consideration. Effectively, institutions must certify that students who complete a GE program in states where they are required to be authorized will be eligible to take any licensure or certification examination necessary for the student to seek employment in the relevant occupation. Institutions that have, or are required to have, authorization to operate in more than one state will have to make sure they have all of the required approvals which might be issued by professional boards ranging from cosmetology to nursing. This may be particularly challenging since ED's regulation on state authorization (34 C.F.R. 600.9) is so ambiguous.

Institutions that do not have applications or PPAs pending in the near term will be required to submit a separate certification to the Department no later than December 31, 2015.


While the GE Rules provide an abundance of new disclosure requirements, those requirements will not take effect until January 1, 2017. Institutions will need to be alert for ED guidance on the formats and procedures for the new requirements, but at this time they can continue to follow the current disclosure requirements using the Department's current GE Disclosure Template.

The new disclosure requirements will cover many new items, including completion rates, loan repayment rates, and program cohort default rates, all of which will be calculated by ED using the data institutions report in conjunction with ED's own data. The GE Rules provide separate appeal mechanisms for these rates so that schools can seek corrections before being obligated to disclose ED's calculation of these rates.

Consequences of D/E Rates

GE programs with failing D/E Rates for two years in any three-year period will lose eligibility for federal student aid. Based on the Department's current timeline, this might occur in late 2017 or early 2018. However, the issuance of D/E Rates can carry serious consequences well before that time.

Student Warnings

One single year of failing D/E Rates triggers the requirement for the institution to issue written warnings to current and prospective students in that program. The warnings must state:

"This program has not passed standards established by the U.S. Department of Education. The Department based these standards on the amounts student borrow for enrollment in this program and their reported earnings. If in the future the program does not pass the standards, students who are then enrolled may not be able to use federal student grants or loans to pay for the program, and may have to find other ways, such as private loans, to pay for the program."

Further, schools with a failing program for one year must advise students enrolled in that program whether they will be able to complete the program at the institution and their options to transfer to a different program or institution. In effect, institutions will be required to notify new students that they would be enrolling in programs for which they will not be able to receive federal grants and loans the following year and might even face the need to transfer to a different program or institution. Institutions must also refer students and prospective students to College Navigator or other federal resources for information about similar programs offered at other institutions.

The consequences of such a disclosure are quite predictable. Clearly, these student warnings will cause very serious damage since they encourage both current and prospective students to enroll elsewhere. In our view, programs that are subject to one-year warnings will be at serious risk of closure, even though they will not have lost eligibility at that point.

Limitations on Adding New Programs

Schools will find themselves limited in their ability to add new GE programs that are "substantially similar" to an existing GE program as soon as that existing program receives its first set of draft D/E Rates that fail or score in the zone. This is a highly unusual provision that requires early attention since it imposes limits based on rates that have only been issued in draft form even though those rates are in the zone rather than failing. Technically, this provision only applies if the school voluntarily discontinues a GE program that receives a failing or zone draft rate, but one has to wonder if ED will approve any substantially similar new programs if the school accepts or appeals a failing or zone draft rate, regardless of whether the program is voluntarily discontinued.

It is important to note that the GE Rules provide a separate and broad definition for "substantially similar" programs. For purposes of reporting, disclosures and calculating D/E Rates, ED defines a GE program based on the institution's OPEID Number, and the program's credential level and six-digit CIP code.6 However, the definition of substantially similar programs extends to all programs within the four-digit CIP code, without regard to their credential level, which means that many more programs are swept into the "substantially similar" category. Therefore, the issuance of draft rates that score in the zone for a single program could prevent the institution from adding a number of new programs with different credential levels and different occupational objectives.

For example, if an institution discontinues a 51.0801 Medical Assistant associate degree program that had rates in the zone, it could ot establish a 51.0803 Occupation Therapist Assistant degree or certificate program, a 51.0805 Pharmacy Technician degree or certificate program, or a 51.0810 Emergency Care Attendant degree or certificate program, because they all share the root 4-digit 51.08 CIP code and because credential levels do not matter in determining whether programs are substantially similar.

According to ED's current timeline, the first draft rates could be issued in spring or summer 2016. Thus, if institutions have plans to add new programs, remove programs, or make other changes to their current program offerings, they have 12 months or less to do so before their draft D/E Rates could limit their ability to make such changes.

Opportunities for Challenges

The serious repercussions of the D/E Rates underscore the importance of taking all necessary steps to challenge any inaccuracies in the rates. This is especially so in the early years, since the procedures and systems necessary for schools to report vast quantities of information, for ED to extract earnings information from the Social Security Administration, and then for ED to process all of this data to run very complex calculations are new and untested.7

There are three basic opportunities for institutions to review and challenge the data that ED will use. However, there is limited time to make such challenges, the burden of proof will always be on the institution, and some appeals will cost institutions considerable time and money.

First, before conducting any calculations, ED will provide institutions a list of students whose debt and earnings will be used to calculate the rates for each GE program. These lists will include all students who completed a particular GE program within the applicable cohort period minus any students who qualify under particular exclusions. Institutions will have 45 days to review the list and provide evidence that a student should be included or excluded or correct or update a student's identity and program attendance information. According to ED's current timeline, it expects to issue these first lists in Fall 2015.

Second, when ED issues draft D/E Rates, it will also provide institutions with the loan information for all students included in the calculation of the median debt for the program. Institutions again will have 45 days to provide evidence to correct the loan information.

Third, after ED publishes the final D/E Rates by – according to ED estimates, early 2017 — institutions will have an opportunity to provide alternative earnings information to recalculate the rates. Institutions must notify ED that they will be conducting an alternative earnings appeal within 14 days of receiving their final D/E Rates. Institutions will not have access to the earnings data provided by the SSA, so there is no chance to "correct" the SSA data. Rather, the only way to challenge the earnings data is by providing alternative data.

The GE Rules provide two methods to do so. An institution may obtain earnings data from a state-sponsored database, but this does not seem feasible since it appears that few if any states have databases that are up-to-date and detailed enough to hone in on the graduates of a particular educational program in a particular cohort period, graduates may move around so that they are working in multiple states, and few if any states would make such confidential data available to schools in any event.

The second method calls for schools to survey their graduates if they believe they can collect better and more accurate earnings information (possibly including self-employment and tip income, for instance). The survey must be conducted in accordance with National Center for Education Statistics ("NCES") standards that are still in development, but the rules call for the school to have its survey results tested by an independent auditor. This lack of detail on the standards and procedures is problematic since the school survey results, including attestations from the institution's chief executive officer and an independent auditor, must be filed with ED no later than 60 days after the final rates are published. The institutional surveys will take a great deal of time and work, beginning with the time necessary to locate students who graduated three to four year earlier. Institutions that are considering such surveys need to begin their preparations well ahead of time, even before ED has issued the necessary standards and procedures.8


Because of the complexity of the GE Rules, which cover about 15 pages in the Federal Register, supplemented with hundreds of pages of commentary, this memorandum just touches on the high points of the new standards and requirements that are now effective for institutions that offer GE programs. The lawyers and subject-matter experts of the Education Group at Cooley can assist institutions in meeting these requirements and planning how to comply with the GE Rules' extensive demands. Please do not hesitate to call us if you need more information.

  1. The decision by the District Court in Washington, D.C. (Ass'n of Private Sector Colls. & Univs. v. Duncan, No. 14-1870 (D.D.C. June 23, 2015)) follows another decision in favor of the Department in a separate case in New York (Ass'n of Proprietary Colls. v. Duncan, --- F. Supp. 3d ---, 2015 WL 3404190, (S.D.N.Y. May 27, 2015)). APSCU has filed a notice of intent to appeal the Washington, D.C. decision. The deadline to file a notice of appeal in the New York case is at the end of July 2015.
  2. Please see ED's June 30, 2015 Dear Colleague Letter, "Regulatory Requirements Related to Gainful Employment Programs" for a detailed overview of the mechanics and standards of the GE Rules. The letter is available at: The GE Rules themselves were published on October 31, 2014 and are codified at 34 C.F.R. 668.401-.415.
  3. The Department has estimated that in 2010 there were approximately 37,600 GE programs, 33% at proprietary institutions, 6% at non-profit institutions and 61% at public institutions.
  4. The electronic announcement regarding the certification requirements and the proposed language for the certification are available here Note that this certification will be considered part of the broader certification that is included in each PPA, which concludes as follows: "I also understand that I may be subject to a fine of not more than $25,000 or imprisonment of not more than five years, or both, for misinformation that is material to receipt and stewardship of federal student financial aid funds."
  5. Public postsecondary vocational institutions may be approved by a state agency recognized to approve such programs in lieu of accreditation.
  6. Institutions may offer a program in multiple versions, all of which are considered a single GE Program, and all of which will be measured under a single set of D/E Rates, if they share the same OPEID, six-digit CIP code and credential level.
  7. Of course, it is important for institutions to take steps to improve their rates through changes to their programs, tuition charges, debt counseling, scholarship programs and other means. However, based on the retrospective character of the calculations, it takes years for any such changes to bear fruit. The data for the first set of rates is fully "baked." The first rates will be based on (i) the 2014 earnings of students who graduated from July 1, 2010 to June 30, 2012, and (ii) the debt of students who graduated in that same period or, for the transitional rates, the debt of students who graduated from July 1, 2014 to June 30, 2015.
  8. ED is currently soliciting comments on two notices related to the NCES survey questions and standards to conduct the surveys. First, ED has requested comments by July 13, 2015 on the GE Recent Graduates Employment and Earnings Survey Pilot Test. The Federal Register notice is available at and related materials are available at!documentDetail;D=ED-2015-ICCD-0063-0002.
    ED has also requested comments by August 31, 2015 on the NCES survey standards that institutions must follow when conducting their alternative earnings survey. The Federal Register notice is available at and related materials are available at!documentDetail;D=ED-2015-ICCD-0085-0003.

[View source.]

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.

© Cooley LLP | Attorney Advertising

Written by:

Cooley LLP

Cooley LLP on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"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.