Brussels Regulatory Brief: December

by K&L Gates LLP

K&L Gates LLP

Antitrust and competition
European Commission’s “hybrid” cartel settlement decision attracts criticism from the EU General Court

On 10 November 2017, the European Union (“EU”) General Court (“GC”) rendered a judgment partially annulling the European Commission’s (“Commission”) decision fining a broker for its involvement in the Libor Yen interest rate derivatives cartel. The decision is interesting as it suggests that the Commission needs to carefully consider the defense rights of the companies that refuse to settle in cartel investigations when other companies decide to settle (i.e., the “hybrid” settlement procedure).

The cartel settlement procedure was introduced by the Commission in 2008. It allows for a speedier process and a reduction of the fine. In exchange of acknowledging their involvement in the cartel and their liability for the infringement, companies can benefit from a 10% fine reduction. However, when one or more parties refuse to settle, the Commission continues to investigate the parties that decided not to participate in the settlement.

Back in 2013, the Commission settled the case with most of the companies involved in the Libor Yen interest rate derivatives cartel and imposed fines totaling approximately EUR 670 million. The broker, however, decided not to participate in the settlement. Subsequently, in 2015 the Commission fined it approximately EUR 15 million for having facilitated six out of seven cartels.

Even though the broker was fined after it decided not to participate in the settlement procedure, it scored a partial victory in its action for annulment of the Commission’s decision before the GC. The GC found the Commission did not succeed in proving the broker’s involvement in one of the bilateral cartels. It also found fault with the Commission’s determination of the duration of the broker’s involvement in some of the infringements. Finally, it annulled in its entirety the part of the decision relating to the fines imposed as the Commission’s reasoning was found to be insufficient.

Additionally, the GC also stressed the importance of respecting the presumption of innocence of a party which decides not to settle in the framework of a “hybrid” settlement procedure.

Companies should factor in their transaction timeline the risk of “stop-the-clock” when filing to the Commission
Under the EU merger control regime, transactions which meet the EU turnover thresholds must be notified to the Commission for review before they can be implemented.

The review procedure is organized in two phases, each with set time limits. During phase I, the Commission has 25 working days for the review of the transaction. If commitments (i.e., modifications of a transaction, aiming at eliminating the competition concerns identified by the Commission) are offered in phase I, the deadline is extended by additional 10 working days.

If it decides to open a phase II investigation in order to conduct a more in-depth analysis, the Commission has 90 working days to make its assessment. This deadline can be extended if commitments are offered or at the request of the notifying party or the Commission up to 125 working days.

The timing of review of a transaction can be impacted by a so-called “stop-the-clock”. For instance, if the Commission has requested information from the parties or if the filing is incomplete, it can stop the clock until the information is provided or until the filing is declared complete. This results in pushing back any initially set deadline for the Commission to decide on a deal.

The Commission has made use of this tool in a growing number of cases in the recent months, which were not hostile takeovers. For example, it suspended its review of a merger between a lens manufacturer and a frame maker after it decided to start an in-depth review of the transaction. It has suspended twice so far the review of an acquisition by a German chemical and pharmaceutical company of a US-based agrochemical company. It has also stopped the clock two times concerning a takeover by a US chipmaker of a Dutch semiconductor supplier.

Stopping the clock for the review of a transaction may be more common in more complex cases which require more extensive analysis and information gathering by the Commission. In these circumstances protracted pre-notification discussions could facilitate the review process. However, this increased recourse by the Commission to the “stop-the-clock”, including in non-hostile transactions, poses significant risks to companies. This should be factored in when agreeing the timing for closing of a transaction. It remains to be seen whether this trend may further impact non-contentious cases as well.

International Trade
The EU Parliament approved new antidumping methodology

On 4 December 2017, the Council of the European Union (“Council of the EU”) approved a new Regulation amending the current EU antidumping and anti-subsidy rules (Regulation (EU) 2016/1036 and Regulation (EU) 2016/1037 respectively), after the European Parliament (“Parliament”) approved the new rules on 15 November this year. The new Regulation was a response to the expiry of parts of China’s WTO accession protocol in December 2016. The adoption of these measures was provoked by unfair trade practices from third countries consisting in an export flood to the EU of products at or below cost price. The new legislation aims to preserve the European industry and to prevent the loss of hundred of thousands of jobs in the EU.

The new legislation introduces a new methodology for determining dumping margins for imports from third countries. Currently, the Commission bases its approach on a distinction between market economies and non-market economies. The new rules provide for an assessment based on the distinction between WTO members and non-WTO members. This new approach applies to situations where the imported items reach a price substantially different from the price that would be achieved under conditions of competition. The new rules also refer to cases of considerable state interference in economy (e.g. in cases of state-owned or state-controlled companies). The Commission will continue to apply its current method with regard to non-WTO countries.

Under the new Regulation the Commission shall publish reports on specific situations in certain countries based on these criteria. The Regulation provides further that the Commission must prove the existence of dumping or other unfair practices. 

The Commission will further consider other aspects, such as the exporting country’s compliance with international labor, fiscal and environmental international standards and potential discriminatory measures against foreign investments.

The new framework would only apply to antidumping investigations initiated upon entry into force of the amended provisions. Ongoing antidumping investigations fall under the scope of the current antidumping Regulation.

The text of the Regulation will be signed in Strasbourg by the Presidents and the Secretaries-General of the Parliament and the Council of the EU on 13 December 2017. The Regulation will be published in the Official Journal of the European Union on 19 December 2017 and will enter into force on the next day.

Energy and renewables
The Commission’s Third Report on the state of the Energy Union

The Commission’s Third Report on the State of the European Energy Union was published on 24 November 2017. The report reflects EU’s progress regarding the implementation of the Energy Union project and its impact on jobs, growth and investments in 2017. The report also points to tendencies in the coming year.

The Commission pointed to Europe’s progressive transition from a fossil fuels-based energy system to a low-carbon, fully digital and consumer centric one. The report highlights that this main trend, observed during the past years, has continued and has strengthened in some areas.

The Commission reported the share of renewable energy in the EU energy mix continues to rise and is likely to reach the 20% target by 2020 (under the so called “Europe 2020 Strategy”, the EU Member States (“MS”) have to reduce emissions greenhouse gas emissions by at least 20% compared to 1990 levels, increase the share of renewable energy in final energy consumption by 20% and increase efficient energy use by 20%). The Commission concluded that MS’ Gross Domestic Product has increased while greenhouse gas emissions have been reduced. The Commission underlined that this process has been facilitated by innovation in the energy sector.

The Commission report confirms that energy transition cannot be achieved without adapting existing infrastructure to the needs of future energy systems. The report highlights that infrastructures used in the fields of energy, transport and telecommunications, are increasingly interconnected. The Commission advised project promoters applying for financial support to create synergies between infrastructures in these three fields and to develop the next generation of smart infrastructure while optimizing the use of existing links. The Commission reminded that increasing digitalization of infrastructure provides for smart grid management.

The report suggests that local networks will be of key importance for EU citizens as they would increasingly switch to decentralized energy production (electrical generation and storage performed by a variety of small, grid-connected devices located close to the load they serve) and electro-mobility (usually defined as a road transport system based on vehicles that are propelled of electricity).

The report makes reference to the correlation between energy poverty (i.e. lack of access to modern energy services) and energy efficiency (a concept that traditionally suggests reducing the amount of energy required to provide products and services). In fact, high energy consumption due to low energy efficiency increases energy costs. Therefore, energy efficiency can substantially improve a household’s ability to afford the required energy services, particularly if incomes are low. The Commission reminded that energy poverty in the EU affects nearly 50 million people and stressed that this issue should be addressed through higher energy efficiency, safeguards against disconnection and monitoring by MS.

The Commission emphasized that the completion of the European Energy Union requires close cooperation between the Commission, MS and society. The EU’s main executive body insisted that MS need to finalize their agendas on energy policy and climate protection for the post-2020 period by early 2018.

With reference to the United States’ withdrawal from the Paris Agreement, the Commission announced that the EU should affirm its commitment to fight against climate change and to strengthen global partnerships to this purpose.

Telecommunications, media and technology
The Parliament approves limited reform measures on online TV and radio across borders

On 21 November the Parliament’s Committee on Legal Affairs adopted its report on the proposed Regulation laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes.

The legislative proposal was presented by the Commission in September 2016 with the intention of extending to the online environment the “country of origin” principle, a well tested rule of the cable & satellite copyright framework. In short, the text sought to apply the principle of country of origin for ancillary online services of broadcasting organizations (“catch up” TV); as a result, copyright relevant acts will be considered as taking place solely in the member state where the broadcasting organization is established. Moreover, it aims at easing the clearance of rights for retransmission services by introducing rules on mandatory collective management. Overall, the final objective of the Commission is to tackle the ancillary online services “geo-blocking” in order to make available more audio-visual copyrighted content across member states. But by doing so, many considered it was putting at serious risk the whole business model behind online audio-visual distribution, in particular but not only in the case of cinema.

The rapporteur (the Member of the Parliament in charge of drafting the report) intended to apply the country of origin principle to most audio-visual content, with the exception of sport events, purchased cinematographic works and co-productions. But after passionate debates, the center and right-wing political groups carried a wide number of alternative compromise amendments which considerably reduce the scope of the proposal.

First and foremost, the Parliament’s proposal now limits the application of the principle of country of origin to just news and current affairs programs, excluding therefore movies, TV programs and other audio-visual content. On the other side, it confirms the Commission approach requiring the holders of copyright to deal with licenses only through collective management organizations.

Finally, the report also clarifies the copyright régime for “direct injection”, that is, the mechanism which allows broadcasters to directly transmit audio-visual content to retransmission networks in such a way that the signal cannot be received by the public during such transmission and distributors can offer the content to the public simultaneously.

This Parliament proposal will now be the object of tough negotiations with the Council of the EU.

Economic and financial affairs
EU supervisor warns about risks of ICOs and calls for regulatory compliance
Following the rapidly increasing use of Initial Coin Offerings (“ICOs”), the European Securities and Markets Authority (“ESMA”) issued two statements to warn investors on ICOs’ risks and to encourage companies involved in ICOs to comply with the relevant European legislation.

ESMA defines an ICO as “an innovative way of raising money from the public, using coins or tokens”. In an online ICO campaign, businesses issue tokens and sell them in exchange for traditional, or more often, virtual currencies like Bitcoin or Ether. The tokens are created and disseminated using distributed ledger or blockchain technology (“DLT”).

Following a similar warning by the U.S. Securities and Exchange Commission (“SEC”), ESMA alerts investors that ICOs might not be captured by the EU regulatory framework and may be used for illicit purposes, including money laundering and fraud. Describing ICOs as extremely risky and speculative instruments, ESMA warns about the possibility of a total loss of invested capital and inability to redeem the tokens, as well as the lack of exit options.

ESMA also cautions investors that ICOs’ underlying blockchain technology might be subject to hacking or malfunction.

In the second statement, ESMA stresses that firms using ICOs have to comply with the EU regulatory framework. More specifically, where tokens qualify as financial instruments and/or transferable securities, firms are likely to be conducting a regulated activity. ESMA thus calls for compliance with relevant EU law.

The Commission seeks views on sustainable finance
In September 2016, the Commission set up a High-Level Expert Group on Sustainable Finance (“HLEG”) with the objective to prepare a roadmap on ways to mobilize capital towards sustainable investment.

In its interim report of July 2017, the HLEG recommended, among other measures, that the Commission should better clarify the fiduciary duty of asset managers and institutional investors. The HLEG suggested that the duty explicitly integrates sustainability considerations i.e. environmental, social and governance (“ESG”) factors.

The Commission has launched a public consultation seeking stakeholders’ views on how asset managers and institutional investors could include ESG factors in their decisions. It will help to gather and analyze the necessary evidence for the possible policy actions.

The Commission also published an Inception Impact Assessment setting out identified policy options on this issue.

The Commission will consider imposing disclosure rules to document how institutional investors and asset managers are taking into account sustainability factors, and explore ways to enhance the consideration of ESG factors in the investment strategy and asset allocation. Furthermore, it will also analyze the consideration of sustainability risks as part of the risk management processes and look at ways to ensure appropriate decision-making capabilities in the governance arrangements.

As regards forthcoming actions, the Commission explains that the objectives can be achieved  either by a non-legislative action, through guidelines clarifying the existing duties, or through a legislative action, by reviewing the existing provisions of the relevant EU legislation governing institutional investors and asset managers.

Stakeholders are invited to express their views by 22 January 2018 here. The final recommendations by the HLEG are expected in January 2018 and will feed into the Commission Impact Assessment. The Commission plans to publish an Action Plan in the first quarter of 2018.


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.

© K&L Gates LLP | Attorney Advertising

Written by:

K&L Gates LLP

K&L Gates 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.