Bridging the Week - February 2017 #3

by Katten Muchin Rosenman LLP

  • CFTC Postpones Swap Dealer Compliance Date for OTC Swaps Variation Margin Requirements; Other Regulators Likely to Exercise Forbearance: On February 13, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight said it would not recommend enforcement action to be taken against a swap dealer (“SD”) if it failed to comply with variation margin requirements for uncleared swaps effective March 1 (“March 1 VM Requirements”). DSIO said its no-action relief would apply through September 1 where an SD (1) did not comply with the March 1 VM Requirements solely because it failed to complete necessary credit support documentation or, acting in good faith, required more time to resolve operational issues; (2) made best efforts to comply with its March 1 VM Requirements “as soon as possible” after March 1; (3) continued to post and collect variation margin with counterparties when there were pre-existing variation margin requirements until such time it could comply with the March 1 VM Requirements; and (4) by no later than September 1, complied with the March 1 VM Requirements for all swaps for which the requirements were applicable on or after March 1. Subsequently, a number of other regulators and regulatory organizations worldwide indicated that they were also cognizant of the difficulty SDs were having in complying with the March 1 VM Requirements and said or implied they would (or that regulators under their purview should) likely exercise some forbearance on a case-by-case basis for some additional time, provided the SDs acted diligently to meet their obligations. Relevant regulators or regulatory organizations included the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency in the US, the International Organization of Securities Commissions, the European Supervisory Authorities (including the European Securities and Markets Authority) and the Financial Conduct Authority in Europe. Under international rules, SDs with the largest outstanding notional amounts of uncleared swaps began complying with initial and variation margin requirements on September 1, 2016. As of March 1, 2017, SDs are required to comply with variation margin requirements with all relevant counterparties not included in the first phase. (Click here for some background on the current deadline dates for margin requirements for uncleared swaps in the article “BIS/IOSCO Delays Rollout of Margin Requirements for Uncleared Swaps” in the March 22, 2015 edition of Bridging the Week.) Separately, the CFTC’s DSIO indicated it would not recommend an enforcement action against an SD that failed to comply with minimum transfer amount requirements under its rules in connection with one or more uncleared swaps with any legal entity that owned more than one separately managed account, subject to certain conditions. (Click here to access CFTC Rule 23.152(b)(3) and here for CFTC Rule 23.153(c).)
  • Futures Traders Resolve SROs’ Disciplinary Actions Related to Alleged Non-Bona Fide ERPs, Wash Sales, Position Limits Violations and Disruptive Practices: Four companies settled disciplinary actions brought by the Chicago Board of Trade and ICE Futures U.S. alleging that they engaged in wash sales. In each action, the relevant exchange alleged that the respondent engaged in transactions solely for the purpose of transferring positions between two related accounts. Bank of America Corporation agreed to pay a fine of US $30,000 to the Chicago Board of Trade to resolve charges that on June 2, 2015, it engaged in two exchange for related position transactions between accounts of two of the firms’ wholly owned subsidiaries solely to transfer Federal Funds Futures positions between them. Similarly, Gold-Eagle Corporation consented to a sanction of US $25,000 by the CBOT to settle charges that it engaged in one EFRP transaction on January 4, 2016, to transfer corn futures between two accounts it owned and controlled. CBOT also alleged that both BOA and Gold-Eagle engaged in the problematic EFRPs without the exchange of a related cash position, making the EFRPs non-bona fide. Similarly, Sucres et Denrees S.A. and Sucden Geneva S.A. each were ordered to pay a fine of US $25,000 to ICE Futures U.S. when a business conduct committee determined that, on 16 instances on two days in February 2015, the affiliated firms traded opposite each other to transfer positions in Sugar No 11. futures. Separately, Sierentz Fund LP agreed to pay a fine of US $10,000 and disgorge profits of US $78,847.50 to ICE Futures U.S. to settle charges that it “inadvertently” held an intraday position in the Henry LD1 Fixed Price Future higher than the applicable spot month position limit during the July 2016 settlement period, while PetroChina International (America), Inc. consented to a sanction of US $50,465 by ICE Futures U.S., including disgorgement of profits of US $2,965, for alleged multiple violations of spot month position limits. Finally, Daniel Pires, a non-member, agreed to remit US $20,000 to CBOT to resolve charges that, between March and June 2015, he entered multiple user-defined 10-Year U.S. T-Note covered option spread orders that allegedly were intended to obtain more favorable prices for his options instruments than were available in the outright market. CBOT alleged that this practice constituted disruptive trading.

Compliance Weeds: There are two important takeaways from these series of exchanges’ regulatory actions. First, position limits are 24/7 (Click here to access ICE Futures US Rule 6.20(b), for example.) Both enforcement actions by ICE Futures U.S. alleging violations of position limits related to purported intraday violations. Trading firms should monitor their position limit compliance not just at the end of each trading day but intraday too. This can be particularly challenging when multiple accounts of different affiliates or even trading desks within a single entity must be aggregated to assess overall positions, but it is important. Second, entering a user-defined spread for the purpose of disadvantaging other market participants can be a violation of general prohibitions against market disruption. (Click here to access CME Group Rule 575D; click here to access the CME Group MRAN regarding disruptive practices, Q/A 22.) In the CBOT disciplinary action against Mr. Pires, the exchange claimed that the respondent entered a user-defined covered option spread with the intent to avoid allocation of futures contracts that should have been tied to the covered options instruments. He did this, said CBOT, in order to obtain more favorable prices for the options instruments than were available in the marketplace. Even though CME Group’s Globex System utilizes reasonability checks aimed to prevent this conduct from occurring, its system is not infallible

  • ICE Futures Issues Guidance Regarding Identification Requirements for Orders Placed Through Its Electronic Trading System: ICE Futures U.S. issued guidance in the form of Frequently Asked Questions regarding its trader identification requirements for electronic traders. Under ICE Futures rules, all persons who access ICE Futures’s trading system, whether manually or automatically, must utilize a unique identification. Traders using ICE Futures’s WebICE system must have a WebICE User ID, while traders accessing the market through a FIX connection must have a FIX User ID (Tag 9139) and an Authorized Trader ID ("ATID"; Tag 116 Right). WebICE User IDs are assigned by the ICE User Administration either directly by or through firms with direct access. FIX User IDs – which identify a FIX login – are also generated by the ICE User Administration upon request by a direct access company, while ATIDs – which identify the specific trader – are self-generated. ATIDs must be unique for each trader or for each automated trading system. The ATID for an ATS should reflect the individual that operates, administers and/or monitors the ATS, or all individuals in a group that perform these functions. ATIDs may not be shared among individuals except for multiple individuals that operate an ATS. Manual orders entered by an ATS operator must have a separate ATID, distinct from the ATS’s ATID. Certain traders must register their ATIDs with ICE Futures (or other ICE exchanges), such as individual ICE Futures members or employees of individual members or certain firms who participate in special exchange-administered fee discount programs. ICE Futures U.S.’s new FAQs will be effective March 1, absent objection by the Commodity Futures Trading Commission.

Compliance Weeds: Requirements regarding the use of trader identifications and related matters for electronic orders vary from exchange to exchange and the devil is in the details. For example, CME Group rules make explicitly clear that team tags – representing a group of persons who simultaneously administer, operate and monitor an automated trading system – would be expected to change for different shifts. (Click here to access CME Group MRAN regarding Tag 50 ID Requirements Q/A 11.) The new proposed guidelines of ICE Futures U.S. have no similar express requirement regarding team tags and the obligations around shifts. (Click here to access new ICE Futures US proposed FAQ Q/A9.) Also, exchanges impose express responsibilities on clearing members that sponsor persons who directly place electronic orders with exchanges. Among other things, a clearing member:

  • must for each person it authorizes for direct access, “take any and all actions requested or required” by an exchange, including requiring such person to produce documents, provide information and answer questions in connection with any investigation. (Click here to access ICE Futures U.S. Rule 27.04(c)(i) and here for CME Group Rule 574 – 3d paragraph.); and
  • should take “appropriate action” if the clearing member has actual or constructive notice of a violation of an exchange rule; otherwise it may be found to itself have engaged in conduction detrimental to the exchange. (Click here to access ICE Futures U.S. Rule 27.04(d) and here for CME Group Rule 574 – last paragraph.)

Clearing member sponsors must be aware of these responsibilities and should implement and maintain policies and procedures reasonably designed to help them comply with their obligations

My View: Whenever I write about exchange requirements regarding electronic orders and direct access persons, I wonder about the value add of proposed Regulation Automated Trading by the Commodity Futures Trading Commission. (Click here for background regarding the CFTC’s supplemental proposal in the article “Proposed Regulation AT Amended by CFTC; Attempts to Reduce Universe of Most Affected to No More Than 120 Persons” in the November 6, 2016 edition of Bridging the Week.) As I have suggested previously, it appears that the CFTC could accomplish most of its objectives by better leveraging existing exchange requirements and plugging what it perceives to be gaps through amendments to core principles for designated contract markets. It is not clear what more prescriptive regulation at the federal level functionally adds, other than substantial costs and ambiguity.

  • NYS Requires State-Regulated Financial Services Institutions to Maintain Cybersecurity Program: New York State adopted what it claimed was the “first-in-the-nation” regulation that requires commercial banks, insurance companies and other financial services entities regulated by the NY Department of Financial Services to implement and maintain a cybersecurity program designed to protect consumers’ private information and the entities’ own information technology systems (click here for a list of institutions regulated by the NYDFS). Among other things, each covered entity’s cybersecurity program should be based on its own risk assessment and be designed to (1) identify and evaluate internal and external cybersecurity threats that might threaten to compromise nonpublic information stored on the entity’s information system; (2) protect the entity’s information system and nonpublic data from unauthorized access through the use of “defensive infrastructure”; (3) detect cybersecurity breaches; (4) respond to cybersecurity breaches to minimize any adverse impact; (5) recover from cybersecurity attacks and resume normal operations; and (6) satisfy all regulatory reporting requirements. Covered entities are also required to appoint a chief information security officer; conduct continuous monitoring or periodic penetration testing and vulnerability assessments; and provide regular cybersecurity training to staff, among other obligations. Covered entities must submit a certification to the NYDFS Superintendent by February 15 of each year that they are in compliance with all requirements of New York’s cybersecurity regulation. Smaller entities may be exempt from certain of the state’s requirements. The new regulation will be effective March 1, 2017; however, the compliance dates for certain provisions are delayed for up to two years.

Compliance Weeds: All members of the National Futures Association have been required to implement and enforce written policies regarding cybersecurity since March 1, 2016. These policies must be “reasonably designed to diligently supervise the risks of unauthorized access to or attack of their information technology systems, and to respond appropriately should unauthorized access or attack occur.” The requirements do not impose one-size-fits-all obligations on members, but instead permit members to adopt procedures relevant to the type, size and complexity of their business. (Click here for details regarding the NFA’s requirements in the article “NFA Proposes Cybersecurity Guidance” in the November 13, 2015 edition of Bridging the Week.)

  • Australian Regulator Sanctions Broker for Engaging in Pre-Negotiated Futures Transactions With Client Without Requisite Time Delay: The Australian Securities & Investment Commission fined BGC Partners (Australia) Pty Limited Aus $90,000 (approximately US $69,000) for failure to exercise pre-negotiated trades on behalf of a client in accordance with regulatory requirements. In Australia, when a market participant seeks to engage in a pre-negotiated trade on behalf of a client, it must have the client’s general or specific authority in writing, and it must make an enquiry through an electronic message for one side of the trade, wait 3o seconds, and then enter a matching order reflecting the pre-negotiated agreement. According to ASIC, on at least six occasions in 2016, BGC did not place only one side of a negotiated trade into the market place and then wait 30 seconds before placing the other side and/or failed to obtain a client’s authorization prior to engaging in a pre-negotiated transaction on its behalf.

Compliance Weeds: This enforcement action may have taken place on a continent far far away; however, on this continent noncompetitive trades are prohibited by Commodity Futures Trading Commission rule, unless executed in accordance with exchange rules it has approved. (Click here to access CFTC Rule 1.38.) Exchanges generally have rules permitting the simultaneous placement of opposite orders for different beneficial owners by a party with discretion over both accounts as well as by different parties that my engage in pre-execution communications. (Click here to access CME Group Rules 533 and 539.) These rules can be quite complex, however, and are not one-size-fits-all. Traders should ensure they understand the nuances of these provisions.

  • Broker-Dealer Settles SEC Charges Related to Alleged Compliance and Trading Surveillance Breakdowns: Sidoti & Company LLC, a Securities and Exchange Commission-registered broker-dealer, agreed to pay a fine of US $100,ooo to resolve charges that, on multiple occasions from November 2014 through July 2015, it failed to have written policies and procedures to prevent the improper use of material nonpublic information by the firm and its associated persons by an affiliated hedge fund. Moreover, written policies and procedures the firm implemented in July 2015 were not “reasonably designed” to avoid such improper use, alleged the SEC. According to the SEC, from November 2014 through July 2015, Sidoti had written policies and procedures to prevent the misuse of material nonpublic information by its own investment and research department. However, the policies did not preclude its chief executive officer or associated persons from using such information to make investment decisions for an affiliated fund. As a result, charged the SEC, during this time the affiliated fund traded stock that was on Sidoti’s daily-restricted list on 126 instances. After written policies and procedures were finally adopted in July 2015 that prohibited the affiliated fund from trading in securities on the restricted list and imposed certain physical barriers, there were no procedures to enforce such barriers. Sidoti settled this SEC enforcement action without admitting or denying any findings.

Compliance Weeds: When President Ronald Reagan adopted the Russian proverb “trust, but verify” as his own when negotiating with President Mikhail Gorbachev of the Soviet Union in 1986, he could also have been articulating the essential elements of an effective compliance program. As this SEC action against Sidoti & Company evidences, it is not sufficient for a financial services registrant solely to roll out policies and procedures reasonably designed in theory to ensure compliance with applicable laws and rules and trust that they will be followed. The registrant should endeavor to ensure that the policies and procedures are routinely followed, and that they are working as designed. Otherwise they should be amended.

And more briefly:

  • SEC Division of Investment Management Issues Guidance Regarding Robo-Advisers: The Securities and Exchange Commission’s Division of Investment Management issued guidance regarding best practices investment advisers should follow when utilizing automated systems to provide discretionary asset management services through online algorithmic-based programs, sometimes called “robo-advisers.” DIM alerted such advisers to ensure (1) their disclosure to customers is sufficiently specific so that a client could comprehend the adviser’s business practices and potential conflicts of interest; (2) that questionnaires used to collect client information to base the automated investment advice obtain sufficient information to enable the robo-adviser to provide suitable and appropriate advice; and (3) their compliance program adequately reflects the unique nature of their business model. Among other things, this program should address the development, testing and back testing of algorithmic code and the oversight of third parties that develop, own or manage code used by the robo-adviser.
  • NFA Proposes Amendment to Filing Deadline for Forex Dealer Member CCO Annual Report: The National Futures Association proposed to permit Forex Dealer Members to submit their required compliance annual report to it within 90 days of the company’s fiscal year-end, as opposed to 60 days as now required. This would conform this requirement to similar requirements of futures commission merchants and swap dealers. The amendment will be effective March 4, absent objection from the Commodity Futures Trading Commission.
  • CPOs Reminded by NFA of CFTC Amended Requirements Regarding Financial Reporting Obligations: The National Futures Association provided guidance to commodity pool operators on how they can file notices with it to take advantage of recently amended regulations by the Commodity Futures Trading Commission that permit them to satisfy their financial reporting obligations using alternatives to generally accepted accounting principles for non-US pools. The guidance also covers how CPOs can file notices to permit the use of CFTC-granted audit requirement relief under limited circumstances (e.g., small first year period of operation or pool has insiders only). (Click here for background on the CFTC’s amended rules in the article “CFTC Codifies Prior Exemptive Relief Into Final Rules Regarding CPO Financial Reports” in the December 4, 2016 edition of Bridging the Week.)
  • SEC Approves FINRA Proposed Mark-Up/Mark-Down Disclosure Requirement on Retail Investors’ Corporate and Agency Bonds’ Confirmations: The Securities and Exchange Commission approved amendments to a rule of the Financial Industry Regulatory Authority that will require member firms to disclose certain new transaction-related information to retail customers for certain of their fixed income trades (click here to access current FINRA Rule 2232). This information would include the amount of mark-up or mark-down if the member engages in an offsetting trade in the same security on the same day; a link to a FINRA-sponsored web page that includes trading data on the relevant security; and the execution time of the transaction. The amendments become effective May 14, 2018.
  • ESMA Raises Concerns to EC Regarding Systematic Internalizers Operating Broker-Crossing Networks: The European Securities and Markets Authority wrote a letter to the European Commission to note its concern that certain investment firms currently operating broker-crossing networks may be seeking to circumvent requirements under the Markets in Financial Instruments Directive II that if they operate an internal matching system and execute client orders on a multilateral basis, such system needs to be authorized as a trading venue. ESMA says some investment firms may be trying to exploit an apparent loophole in regulatory requirements by setting up networks of interconnected systematic internalizers to cross third-party buying and selling interests through principal trading, or other back-to-back trading. ESMA says it is monitoring this activity and may issue questions and answers in the future to clarify the permitted activities of systematic internalizers.
  • Canadian Securities Regulators Join the Sandbox Movement: The Canadian Securities Administrators joined a growing international movement by launching a regulatory sandbox – namely a regulatory initiative to support businesses offering innovative products in the financial services industry. After identifying their proposal to a local provincial securities regulator, the business may be required to test its technology in a live environment, submit a business plan and demonstrate potential investor benefits in order to participate in the sandbox. Innovative products that might be approved include online platforms such as crowdfunding portals and online lenders; business models using artificial intelligence for trades or recommendations; and cryptocurrency or distributed ledger-based ventures.


  • Continuing to Make Regulations Great Again: White House Implements More Steps to Reduce Regulatory Burdens: The White House issued another executive order aimed to “lower regulatory burdens on the American people” by requiring each head of a federal agency to appoint within 60 days a specific person as its “Regulatory Reform Officer.” In addition, each federal agency is required to establish a Regulatory Reform Task Force consisting of the RRO and other enumerated personnel. These task forces are charged with identifying regulations that “eliminate jobs, or inhibit job creation”; are not effective; or impose costs that are greater than the benefits, among other matters. The task forces must prepare a first report by May 25 that, among other things, identifies regulations for “repeal, replacement or modification.” Previously, the White House implemented an executive order requiring that, for the remainder of fiscal year 2017, all federal agencies identify at least two existing regulations for repeal whenever they propose or promulgate a new regulation, and that the sum of the incremental costs of any new regulations and repealed regulations not exceed zero. (Click here for background in the article “Making Regulation Great Again: President Trump Requires Loss of Two Regulations for Every New One and Orders Review of All Financial Services Laws and Rules” in the February 5, 2017 edition of Bridging the Week.) Independent agencies, like the Commodity Futures Trading Commission and the Securities and Exchange Commission, do not appear formally covered by the White House’s new executive order, but may nonetheless voluntarily apply its mandates.

For more information, see:

Australian Regulator Sanctions Broker for Engaging in Pre-Negotiated Futures Transactions With Client Without Requisite Time Delay:

Broker-Dealer Settles SEC Charges Related to Alleged Compliance and Trading Surveillance Breakdowns:

Canadian Securities Regulators Join the Sandbox Movement:

CFTC Postpones Swap Dealer Compliance Date for OTC Swaps Variation Margin Requirements; Other Regulators Likely to Exercise Forbearance:

Continuing to Make Regulations Great Again: White House Implements More Steps to Reduce Regulatory Burdens:

CPOs Reminded by NFA of CFTC Amended Requirements Regarding Financial Reporting Obligations:

ESMA Raises Concerns to EC Regarding Systematic Internalizers Operating Broker-Crossing Networks:

Futures Traders Resolve SROs’ Disciplinary Actions Related to Alleged Non-Bona Fide EFRPs, Wash Sales, Position Limits Violations and Disruptive Practices:

ICE Futures Issues Guidance Regarding Identification Requirements for Orders Placed Through Its Electronic Trading System:

NFA Proposes Amendment to Filing Deadline for Forex Dealer Member CCO Annual Report:

NYS Requires State-Regulated Financial Services Institutions to Maintain Cybersecurity Program:

SEC Approves FINRA Proposed Mark-Up/Mark-Down Disclosure Requirement on Retail Investors’ Corporate and Agency Bonds’ Confirmations:

SEC Division of Investment Management Issues Guidance Regarding Robo-Advisers:

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.

© Katten Muchin Rosenman LLP | Attorney Advertising

Written by:

Katten Muchin Rosenman LLP

Katten Muchin Rosenman LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.