California Employment Law Notes - July 2016

by Proskauer - California Employment Law
Contact

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC

CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016)

The EEOC filed suit against CRST (a trucking company) alleging that over 250 female employees and prospective employees had been subjected to sexual harassment. However, the district court dismissed all of the claims on various grounds, including that the EEOC had not adequately investigated or attempted to conciliate its claims on the employees' behalf before filing suit. The district court then granted CRST more than $4 million in prevailing-party attorney's fees. On appeal the United States Court of Appeals for the Eighth Circuit reversed the dismissal of only two claims, which led it to vacate without prejudice the attorney's fees award. On remand, the EEOC settled one of the reversed claims and withdrew the other. The district court again awarded CRST more than $4 million in attorney's fees. On appeal, the Eighth Circuit reversed, holding that a Title VII defendant can be a "prevailing party" only by obtaining a ruling on the merits. In this opinion, the United States Supreme Court vacated the Eight Circuit's judgment, holding that a favorable ruling on the merits is not a necessary predicate to finding that a defendant is a prevailing party.

Former Employee Who Accessed Employer's Computers Was Properly Imprisoned

United States v. Nosal, 2016 WL 3608752 (9th Cir. 2016)

In this criminal proceeding brought under the Computer Fraud and Abuse Act ("CFAA"), the United States government filed a criminal indictment against David Nosal (a former employee of Korn/Ferry International) as a result of his obtaining information from Korn/Ferry's computer system for the purpose of defrauding Korn/Ferry and setting up a competing executive search firm. The government succeeded in proving under the CFAA that an employee accesses a protected computer without authorization when he or she does so without permission; Nosal also was successfully prosecuted for trade secret theft under the Economic Espionage Act ("EEA"). The district court sentenced Nosal to one year and one day in prison; three years of supervised release; a $60,000 fine and approximately $828,000 in restitution to Korn/Ferry.

The United States Court of Appeals for the Ninth Circuit affirmed the conviction, holding that "Nosal, a former employee whose computer access credentials were revoked by Korn/Ferry acted 'without authorization' in violation of the CFAA when he or his former employee co-conspirators used the login credentials of a current employee [Nosal's former assistant] to gain access to computer data owned by the former employer and to circumvent the revocation of access." The Court also affirmed Nosal's conviction under the EEA as a result of his receiving from one of his accomplices a list of CFOs, which included candidates' names, company positions and telephone numbers. The Court vacated the judgment in part and remanded the matter for reexamination by the district court of the amount of restitution awarded to Korn/Ferry. Cf. United States v. Christensen, 801 F.3d 970 (9th Cir. 2015) (jury instructions defining "computer fraud" and "unauthorized computer access" were erroneous in that they allowed the jury to convict under the CFAA for unauthorized use of information rather than only for unauthorized access).

Outside Counsel's Investigation Of Sexual Harassment Was Privileged

City of Petaluma v. Superior Court, 2016 WL 3342543 (Cal. Ct. App. 2016)

Andrea Waters, who worked as a firefighter and paramedic for the City of Petaluma, alleged she was harassed and discriminated against based upon her sex. Waters also claimed she suffered retaliation after she complained about the treatment. Waters took a leave of absence from her job, filed a complaint with the EEOC in which she alleged sexual harassment and retaliation and then resigned her employment. The City retained outside counsel to investigate Waters' EEOC complaint and to assist it in preparing to defend the City in an anticipated lawsuit. The retention agreement with counsel stated that the lawyer was retained to conduct an impartial investigation and that the investigation would be subject to the attorney-client privilege. The retention agreement further stated that the lawyer would offer a "professional evaluation of the evidence based upon her experience in employment law," but it also provided that "…in this engagement [the attorney] will not render legal advice as to what action to take as a result of the findings of the investigation."

In defending the lawsuit, the City asserted the "avoidable consequences doctrine" as a defense, claiming that Waters had failed to take reasonable and necessary steps to avoid the harms and/or consequences that she allegedly had suffered. The City refused to produce the outside attorney's investigative report and materials to Waters, asserting the attorney-client privilege and the work product doctrine. The trial court concluded the documents and other information sought by Waters were not privileged or subject to work-product protection and that, even if they were, the privilege had been waived because the City had put the investigation at issue by asserting the avoidable consequences doctrine. The Court of Appeal initially denied the City's petition for a writ of mandate, but after the California Supreme Court granted a writ of review and transferred the matter back to the appellate court, the Court (in this opinion) changed its mind and held that the materials were privileged because the "dominant purpose of outside counsel's factual investigation was to provide legal services to the employer in anticipation of litigation" and that the privilege was not waived by the employer's assertion of the avoidable consequences defense.

Laid-Off Employee Could Proceed With Disability Discrimination Claims

Moore v. The Regents of the Univ. of Cal., 2016 WL 3434186 (Cal. Ct. App. 2016)

Deborah Moore was employed as the Director of Marketing for the University of California San Diego (UCSD) until her job was eliminated shortly after she got a new supervisor who believed that the job functions that Moore was performing had decreased to such a point that the supervisor could assume them herself. The job elimination also followed Moore's being diagnosed with idiopathic cardiomyopathy, which required her to wear a monitor and external defibrillator and then to have a pacemaker surgically implanted. Prior to Moore's surgery, the supervisor notified the human resources department that she wanted to eliminate Moore's job, even though another employee with the same payroll, title and classification (but with less seniority than Moore) was being retained. Prior to the layoff, the supervisor did not ask Moore if she would accept a pay reduction or any of the other positions that were filled around the time of and after her termination.

The trial court granted summary judgment in favor of the employer with respect to Moore's claims for violation of the Fair Employment and Housing Act ("FEHA") and the California Family Rights Act, but the Court of Appeal reversed (except as to the FEHA retaliation claim), finding triable issues of fact regarding pretext for the termination – based on evidence that the supervisor may not have believed Moore was healthy enough to continue in her position with the typical stressors of the job; the supervisor had told Moore that "The first thing we need to do is lighten your load to get rid of some of the stress" after Moore had informed her of her heart condition. There also was evidence that the employer had failed to follow its own policies in terminating Moore and not the other similarly-situated employee who had less seniority. Compare Mendoza v. The Roman Catholic Archbishop of Los Angeles, 2016 WL 3165856 (9th Cir. 2016) (per curiam) (summary judgment in favor of employer affirmed under Americans with Disabilities Act where employer failed to return bookkeeper to a full-time position following her medical leave of absence).

Statute Of Limitations For Constructive Discharge Claim Began To Run After Employee's Resignation Date

Green v. Brennan, 578 U.S. ___, 136 S. Ct. 1769 (2016)

Marvin Green alleged racial discrimination under Title VII of the Civil Rights Act, claiming he was denied a promotion because he is black; his supervisors had accused Green of the crime of intentionally delaying the mail. In an agreement between the parties dated December 16, 2009, the Postal Service agreed not to pursue criminal charges and Green agreed to retire. Green submitted his resignation paperwork on February 10, 2010, effective March 31. On March 22, 2010, Green reported an allegedly unlawful constructive discharge to the EEOC – 41 days after submitting his resignation and 96 days after signing the agreement to resign. A federal civil servant such as Green must contact the EEOC "within 45 days of the date of the matter alleged to be discriminatory." The United States Supreme Court held that the 45-day statute of limitations began to run on the date Green submitted his resignation (February 10) and not the earlier date on which he agreed to resign because Green did not have a "complete and present cause of action" for constructive discharge until he actually resigned.

Terminated Employee Could Proceed With Tortious Interference Claims Against Apple

Popescu v. Apple Inc., 2016 WL 3578970 (Cal. Ct. App. 2016)

Dan Popescu sued Apple Inc. for damages after he was fired by his employer, Constellium Rolled Products Ravenswood, LLC. Popescu alleged that Apple took affirmative steps to convince Constellium to fire him in retaliation for his resistance to Apple's alleged anticompetitive conduct. The trial court sustained Apple's demurrer to Popescu's first amended complaint, but the Court of Appeal reversed, holding that Popescu was not required to allege that Apple's interference with his at-will employment relationship with Constellium was independently wrongful. The Court further held that Popescu had properly alleged a claim against Apple for intentional interference with prospective economic advantage in that Popescu alleged independently wrongful conduct by Apple in persuading Constellium to terminate Popescu, which was connected to its effort to misappropriate Constellium's trade secrets and to violate the Sherman Antitrust Act and the Cartwright Act by denying Apple's smartphone competitors an aluminum alloy resource and denying consumers "a better, more durable smartphone."

Workplace Violence Injunction Was Improperly Entered Against Out-Of-State Resident

ViaView, Inc. v. Retzlaff, 2016 WL 3626708 (Cal. Ct. App. 2016)

ViaView filed a petition for a workplace violence restraining order against Thomas Retzlaff, a resident of Texas, who had filed a motion to quash the petition for lack of personal jurisdiction. The trial court denied the motion to quash and granted a permanent injunction against Retzlaff. The Court of Appeal issued a peremptory writ of mandate directing the trial court to vacate its order denying Retzlaff's motion to quash and to enter a new order granting the motion, holding that Retzlaff did not make a general appearance in the action (and thereby waive his jurisdictional challenge) because he properly filed a motion to quash. As for Retzlaff's jurisdictional challenge, the Court determined that ViaView failed to prove the factual bases justifying the exercise of jurisdiction over Retzlaff since its principal (James McGibney) filed a declaration in opposition to the motion to quash that was not signed under penalty of perjury under the laws of the State of California as required by Cal. Code Civ. Proc. § 2015.5. In so ruling the Court held that ViaView failed to prove that the allegedly defamatory threats that Retzlaff made on the Internet were aimed at a California audience, that a significant number of California residents saw them or that the social media platforms were targeted to California.

Auto Dealership Service Advisors May Be Exempt From Federal Overtime Requirements

Encino Motorcars, LLC v. Navarro, 579 U.S. ___, 2016 WL 3369424 (2016)

An amendment to the Fair Labor Standards Act ("FLSA") exempts from its overtime requirements "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements." Later, the U.S. Department of Labor ("DOL") issued an opinion letter and amended its Field Operations Handbook to state that service advisors also are exempt from overtime under the statute. However, in 2011, the DOL issued a new rule that limited the exemption only to employees who sell automobiles, trucks, or farm implements, thus presumably giving service advisors a right to overtime under the FLSA. In this case, the United States Supreme Court vacated the judgment of the United States Court of Appeals for the Ninth Circuit, which had upheld the rule change, and determined that the 2011 regulation was issued by the DOL without the reasoned explanation that was required in light of the Department's change in position and the significant reliance interests involved. The Court remanded the case for further consideration by the Ninth Circuit. See also Flores v. City of San Gabriel, 2016 WL 3090782 (9th Cir. 2016) (City's payment of unused benefits must be included in the regular rate of pay and thus in the calculation of FLSA overtime for police officers).

Call Center Employees' Unpaid Wage Claims Were Properly Dismissed

Corbin v. Time Warner Entm't-Advance/Newhouse P'ship, 821 F.3d 1069 (9th Cir. 2016)

Call center employees of Time Warner Entertainment-Advance/Newhouse Partnership ("TWEAN") alleged that their employer's compensation policy of rounding all employee time stamps to the nearest quarter hour deprived them of earned overtime. The lead plaintiff also claimed he was not compensated for one minute of time when he mistakenly opened an auxiliary computer program before logging into the employer's timekeeping software. The United States Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of the employer on the grounds that TWEAN's rounding policy comported with federal law and because the policy was neutral on its face; the Court also affirmed summary judgment for TWEAN on the "logging-in" claim on the ground that one minute of uncompensated time is de minimis and thus not compensable. See also Vaquero v. Ashley Furniture Indus., Inc., 2016 WL 3190862 (9th Cir. 2016) (district court properly certified class action for commission-compensated employees despite employer's assertion of no commonality and no predominance of class claims).

Former Employee's Manager Is Not Entitled To Prevailing-Party Attorney's Fees

Ramos v. Garcia, 2016 WL 3537366 (Cal. Ct. App. 2016)

Rogelio Ramos sued his former employers for unpaid overtime, minimum wages and other compensation and obtained some of the monetary recovery he requested. Ramos also sued Manuel Garcia (Ramos's former manager) under the same theories and lost on the ground that Garcia was a co-employee and not the owner/employer; the trial court awarded Garcia $29,295 in prevailing-party attorney's fees pursuant to Labor Code § 218.5. The Court of Appeal reversed the judgment, holding that Section 218.5 is inapplicable to Garcia because the statute was not intended to authorize an attorney's fee award against an employee who unsuccessfully sues a fellow employee for alleged nonpayment of wages.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Proskauer - California Employment Law | Attorney Advertising

Written by:

Proskauer - California Employment Law
Contact
more
less

Proskauer - California Employment Law 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.