Bank Report: December 2019

Nutter McClennen & Fish LLP
Contact

Headlines

  1. FDIC and OCC Propose CRA Modernization Rule with Opt-Out for Small Banks
  2. Massachusetts Securities Division Proposes Fiduciary Standard for Sale of NDIPS
  3. FDIC Proposes New Framework for Determining Which Deposits Are Brokered Deposits
  4. Federal Banking Agencies Issue BSA Guidance on Serving Hemp-Related Businesses
  5. Other Developments: Underwriting Standards and Marijuana Banking

1. FDIC and OCC Propose CRA Modernization Rule with Opt-Out for Small Banks

The FDIC and the OCC have jointly proposed amendments to modernize the agencies’ Community Reinvestment Act (“CRA”) regulations, which are intended to increase bank activity in low- and moderate-income communities. The proposed amendments published on December 12 would clarify what activities qualify for credit under the CRA and provide a process for confirming whether an activity would receive CRA credit. The agencies also propose to publish an illustrative list of CRA-qualifying activities. The proposed amendments aim to make the evaluation of a bank’s CRA performance more objective by establishing new performance standards based on benchmarks and thresholds that would be established prior to the bank’s CRA evaluation period. The proposed amendments would change the way CRA assessment areas are defined by requiring a bank to delineate additional assessment areas if it receives 50% or more of its adjusted retail domestic deposits from geographies outside of the areas around its main office, branches, and non-branch deposit-taking facilities comprising its traditional CRA assessment area. The proposed amendments would expand the definition of assessment areas to include areas from which a bank derives deposits to encourage banks to provide loans and other services to low- and moderate-income persons in those areas. Under the proposed amendments, banks with $500 million or less in total assets would be permitted to opt in to the new CRA framework or choose to continue to be evaluated for CRA compliance under the current performance standards to avoid the burden of the data collection, recordkeeping, and reporting requirements under the new performance standards. Comments on the proposed amendments to the CRA regulations will be accepted for 60 days after publication in the Federal Register, which is expected shortly. Click here for a copy of the proposed amendments, and here for a copy of the FDIC’s fact sheet on the proposed amendments.

Nutter Notes: The federal CRA regulations have not been substantively updated for almost 25 years, according to the FDIC and OCC. The agencies said that many of their proposed amendments are intended to address digital banking changes. For example, the proposed changes to the requirements for defining CRA assessment areas to add non-overlapping, deposit-based assessment areas where a bank has significant concentrations of retail domestic deposits is meant to recognize that some banks derive a significant portion of their deposits from digital banking activities, and would encourage banks to lend to low- and moderate- income borrowers living in those areas from which banks are deriving deposits from digital banking activities. In particular, the agencies intend that the proposed amendments would encourage lending in underserved areas, such as rural areas and tribal lands that are far from urban centers where bank branches are concentrated. The proposed amendments would also increase the loan size for CRA-qualifying small business loans and increase the revenue threshold for small businesses to encourage economic development and job creation.

2. Massachusetts Securities Division Proposes Fiduciary Standard for Sale of NDIPS

The Massachusetts Securities Division, overseen by Secretary of the Commonwealth William Galvin, has issued a proposal to amend its licensing regulation governing the conduct of broker-dealers, agents, investment advisers and investment adviser representatives, including those employed by banks, to apply a fiduciary conduct standard in connection with the sale of non-deposit investment products and services, including insurance products. The proposed amendments published on December 13 would apply the fiduciary standard of “utmost care and loyalty” to all investment advice and recommendations provided in the capacity of a broker-dealer, agent, investment adviser, or investment adviser representative regarding any investment strategy, the opening of or transferring of assets to any type of account, or the purchase, sale, or exchange of any security, commodity, or insurance product. Under the proposed amendments, the failure by any such person to comply with that fiduciary standard would be deemed a dishonest or unethical practice that would subject the violator to possible disciplinary action, which may include an administrative fine, censure, or denial, suspension or revocation of the violator’s professional license. The Securities Division will hold a public hearing on the proposed amendments at 9:30 a.m. on Tuesday, January 7, 2020 at its Boston offices in One Ashburton Place. Public comments on the proposed amendments are due by January 7, 2020. Click here for the Securities Division’s summary of the proposed amendments.

Nutter Notes: The Securities Division noted that investment advisers and investment adviser representatives are currently subject to fiduciary duties of care and loyalty to their clients under federal and state securities laws, but that broker-dealers and agents are permitted to provide certain investment advice while not being held to the same fiduciary standards. According to the Securities Division, the proposed new fiduciary standard of utmost care and loyalty is based on the common-law fiduciary principles of care and loyalty, and would obligate broker-dealers, agents, investment advisers, and investment adviser representatives to make recommendations and provide advice based on what is best for their customer or client, without giving consideration to the interests of any other person. The Securities Division’s proposed amendments would also clarify that compliance with the current regulation’s suitability standards would not constitute compliance with the new the fiduciary standard. In addition, the proposed amendments would also clarify that, for those relationships and transactions that are expressly excluded from the new fiduciary standard, such as advice and recommendations by those acting as ERISA fiduciaries and recommendations and advice provided to sophisticated institutional investors excluded from the definition of “customer” and “client,” the suitability standards would still apply.

3. FDIC Proposes New Framework for Determining Which Deposits Are Brokered Deposits

The FDIC has proposed amendments to its brokered deposit regulations that are intended to modernize the regulatory framework for analyzing whether deposits placed through certain deposit placement arrangements with a third party must be classified as brokered deposits. The proposed amendments published on December 12 would provide more objective tests to determine whether deposits resulting from arrangements with certain third parties, such as nonbank financial technology (fintech) companies, must be classified as brokered deposits. According to the FDIC, the proposed amendments aim to balance the need to promote safe and sound banking practices with the goal of ensuring that the rules governing the classification of brokered deposits appropriately reflect changes in the banking system, including the use of new technologies to engage and interact with customers. For example, the proposed amendments would revise the so-called “facilitation” prong of the definition of a deposit broker to apply to any person that engages in specified activities and provide that a wholly-owned subsidiary of a bank would be eligible for an exception to the definition of a deposit broker under certain circumstances. Comments on the proposed amendments to the brokered deposits regulation will be accepted for 60 days after publication in the Federal Register, which is expected shortly. Click here for a copy of the proposed amendments.

Nutter Notes: The classification of deposits as brokered under the FDIC’s regulation is determined by whether or not the third party involved in placing deposits with a bank is considered a deposit broker or qualifies under one of several exemptions from the definition of a deposit broker under the regulation. The proposed rule would establish a number of objective tests to provide greater certainty about whether a third-party’s deposit placement activities would cause that person to be classified as a deposit broker, resulting in the deposits placed by that person being classified as brokered. For example, a broker-dealer that sweeps uninvested cash balances into deposit accounts at a bank would meet the “primary purpose” exception to the definition of a deposit broker under the proposed amendments if the amount of customer funds it places represents less than a quarter of the total amount of customer assets it manages for its broker-dealer business. A broker-dealer that seeks to use the primary purpose exception based on this standard would be required to submit an application to the FDIC. According to the FDIC, if 25% or more of the customer assets the broker-dealer manages are placed at depository institutions, the FDIC would likely conclude that the primary purpose of the broker-dealer’s business is placing funds at banks unless it can provide sufficient information to the FDIC to rebut that presumption.

4. Federal Banking Agencies Issue BSA Guidance on Serving Hemp-Related Businesses

The federal banking agencies and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”), in consultation with the Conference of State Bank Supervisors, have issued joint guidance on Bank Secrecy Act (“BSA”) compliance in connection with banking hemp-related businesses. The joint guidance released on December 3 explains that the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) removed hemp as a Schedule I controlled substance under the federal Controlled Substances Act (the “CSA”) and directed the U.S. Department of Agriculture (the “USDA”) to regulate hemp production. Consistent with the USDA’s October 2019 interim final rule establishing the domestic hemp production regulatory program, banks are no longer required to file suspicious activity reports (“SARs”) for customers engaged in the licensed growth or cultivation of hemp in compliance with federal law, according to the joint guidance. The USDA’s interim final rule establishes that state departments of agriculture and tribal governments may operate USDA-approved regulatory programs for hemp production, and establishes a federal licensing program for hemp producers in states and tribal territories that do not have USDA-approved programs. According to the joint guidance, banks are expected to follow standard SAR procedures for licensed hemp-related customers and file a SAR if evidence of suspicious activity warrants it. Click here for a copy of the joint guidance.

Nutter Notes: Although marijuana and industrial hemp are different varieties of the same plant species, hemp contains far lower concentrations of delta 9-tetrahydrocannabinol, or “THC,” the psychoactive ingredient in marijuana. The 2018 Farm Bill amended the definition of marijuana only to exclude hemp from the CSA, and marijuana is still a Schedule I controlled substance under the CSA. The USDA’s interim final rule includes requirements for hemp producers to maintain information on the land where hemp is produced, testing hemp for THC levels, and disposing of plants containing more than permissible levels of THC. The USDA’s interim final rule is in effect for the 2020 planting season. The joint guidance explains that bank customers engaged in hemp-related business activities are responsible for complying with applicable regulatory requirements, and banks may make their own risk-based decisions about the types of services and accounts to offer to hemp-related businesses. The joint guidance reminds banks that such risk-based decisions should consider compliance with applicable regulatory requirements for customer identification, suspicious activity reporting, currency transaction reporting, and risk-based customer due diligence. Notably, the joint guidance also confirmed that FinCEN’s guidance FIN-2014-G001, BSA Expectations Regarding Marijuana-Related Businesses, remains in effect for banking marijuana-related businesses that are illegal under the CSA, but legal at the state level under state licensing regimes. Banks may contact the USDA, state departments of agriculture, and tribal governments with questions about the 2018 Farm Bill and its legal hemp production regulations, according to the joint guidance. The joint guidance also stated that FinCEN plans to issue additional guidance after further reviewing and evaluating the USDA’s interim final rule.

5. Other Developments: Loan Underwriting Standards and Marijuana Banking

  • Federal Agencies Issue Guidance on the Use of Alternative Data in Underwriting

The federal banking agencies along with the CFPB and the NCUA have issued interagency guidance on the potential benefits and risks associated with the use of alternative credit data in loan underwriting by federally insured depository institutions, including banks, and nonbank lenders. The types of alternative data addressed in the interagency guidance released on December 13 include information not typically found in consumers’ credit reports or customarily provided by consumers when applying for a loan, such as cash flow data derived from reliable sources like a customer’s bank account records.

Nutter Notes: The interagency guidance advises banks and other lenders who are using or contemplating using alternative credit data to do so responsibly. According to the interagency guidance, the agencies recognize that the use of certain alternative data may present no greater risks than data traditionally used in the credit evaluation process, but certain types of data may present greater consumer protection risks, which warrant more robust compliance management. Click here for a copy of the joint guidance.

  • Key U.S. Senator Raises Concerns about SAFE Banking Act

The chairman of the U.S. Senate Committee on Banking, Housing and Urban Affairs has made a public statement opposing the version of the Secure and Fair Enforcement Banking Act of 2019 (the “SAFE Banking Act”) approved in September by the House of Representatives which, if it became law, would generally prohibit federal banking regulators from penalizing banks for providing services to state-licensed marijuana-related business. In his statement issued on December 18, Senator Mike Crapo, R-Idaho, said he has significant concerns “that the SAFE Banking Act does not address the high level potency of marijuana, marketing tactics to children, lack of research on marijuana’s effects, and the need to prevent bad actors and cartels from using the banks to disguise ill-gotten cash to launder money into the financial system.”

Nutter Notes: Senator Crapo also announced that he is inviting public feedback on ways to address public health and money laundering concerns that he expressed about marijuana banking. The committee the Senator chairs is currently considering the SAFE Banking Act. Click here for a copy of Senator Crapo’s statement.

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.

© Nutter McClennen & Fish LLP | Attorney Advertising

Written by:

Nutter McClennen & Fish LLP
Contact
more
less

Nutter McClennen & Fish 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.