Compliance Tips in Light of Tightened Enforcement against IP Leaks by U.S. Government

Dorsey & Whitney LLP
Contact

Dorsey & Whitney LLPIt was reported recently that certain universities and medical research centers in the U.S. made adverse employment decisions against several Chinese-American scientists who were suspected of disclosing confidential information regarding federal funded research to China.  Around the same time, it was also reported that the U.S. authorities had charged a Chinese-American engineer at a multinational company in the New York State and a Chinese businessman in Liaoning province with economic espionage. 
据报道,近期数位美籍华裔科学家因被怀疑向中国不当披露关于联邦政府所资助研究项目的保密信息,而遭到美国某些大学及医疗研究中心的解雇或劝退。另有报道称,美国执法部门近期对一名曾在纽约州某跨国公司任职的美籍华裔工程师及一名辽宁省的中国籍商人提起了“经济间谍罪”的刑事指控。

These news reports triggered significant concerns among Chinese and Chinese-American scientists, engineers and researchers working in the U.S.  It is a lose-lose situation for both employers and employees as the employers lost valuable talents and the employees lost their jobs and exposed themselves to potential civil and criminal charges.  
上述新闻报道引发了广大在美中国籍与美籍华裔科学家、工程师及研究人员的忧虑。上述情形对于雇主和雇员来说是一种双输的局面,一方面雇主失去了宝贵的人才,另一方面雇员不但丢了工作还可能面临民事乃至刑事诉讼。

This article sets out to provide practical tips without engaging in a discussion on broader principles such as racial profiling and academic freedom.  For a discussion of these principles, please see the recent dialog between Chinese-American scientists and Francis S. Collins, Director of the National Institutes of Health (“NIH”), on Science. The article is structured as a Q&A to address some of the most common questions that concern scientists, engineers and researchers with regard to the confidentiality and ethical requirements under agreements, employment policies and U.S. law. 
本文旨在为工程、科研人员提供实务建议,并未对种族归纳(racial profiling)和学术自由等更广泛的原则进行讨论。对于该等原则的讨论,详见《科学(Science)》期刊中刊登的美籍华裔科学家与美国全国卫生研究院(NIH)院长Francis S. Collins的近期对话。本文将通过问答的形式,对部分科学家、工程师和研究人员所关注的,在协议、雇主政策和美国法律项下、关于保密和道德规范要求最为常见的问题进行讨论。

Question 1.  What information falls under the scope of “confidential information”?
问题1:哪些信息属于“保密信息”?

Answer: The term “confidential information” has a broad meaning and should be distinguished from “trade secrets.”  The term “trade secrets” is defined by state law.  Most of the states in the U.S. have defined trade secrets under some version of the Uniform Trade Secrets Act (“UTSA”).  The definition of “trade secrets” under the UTSA can be summarized as: any information that is (a) not known or available to the public; (b) of economic value; and (c) the subject of reasonable efforts to maintain its secrecy or confidentiality.
回答:“保密信息”的含义较为广泛,应与“商业秘密”相区分。美国州法律中规定了“商业秘密”的定义。美国大部分州在《统一商业秘密法》(UTSA)的基础上,对“商业秘密”作出定义。UTSA项下关于“商业秘密”的定义可以概括为:(a)不为公众所知或公众无法获得;(b)具有经济价值;且(c)信息所有人作出合理努力以维持其保密性的任何信息。

While the definition of “trade secrets” under UTSA is already very broad, the scope of “confidential information” can be even broader.  As the law does not clearly provide what information constitutes “confidential information,” parties are free to provide the definition of such term in a non-disclosure agreement (“NDA”).  Even if a certain type of information has no economic value, as long as it is not publicly available, the owner of such information may have such information protected by contract.  As a rule of thumb, if a certain type of information is not open to the public, such information may fall under the scope of “confidential information” as long as it is captured by the definition clause in an NDA. 
尽管UTSA项下“商业秘密”的含义已经非常广泛,但“保密信息”的范围往往更广。由于美国法律并未明确规定何种信息属于“保密信息”,当事人可以在保密协议中自由约定保密信息的定义。只要某类信息无法通过公共渠道获得,即便该信息不具备经济价值,信息所有人仍可通过合同对该信息予以保护。简言之,如果某类信息未被公开,只要各方在保密协议的定义条款中加入该类信息,该信息就可能成为“保密信息”。

Question 2.  Why am I subject to confidentiality obligations?
问题2:我为什么负有保密义务?

Answer: An individual’s confidentiality obligation may originate from his/her NDA with the data-owner, such as his/her employer or a research program sponsor.  In addition, the individual also needs to comply with any confidentiality requirements set forth in the internal policies and regulations of his/her employer.  Moreover, applicable state and federal laws also provide protections to certain types of confidential information, which the individual must abide by.  For example, most states have statutes or common law prohibiting misappropriation of trade secrets; the Economic Espionage Act (“EEA”) outlaws intentional theft or misappropriation of trade secrets to benefit foreign countries or a party other than the owner; the Export Administration Regulations (“EAR”) and International Traffic in Arms Regulations (“ITAR”) impose strict control over export of information that has military (or civil-military dual use) applications.
回答:个人的保密义务可能源于其与数据所有人(如其雇主或研究项目的资助方)所签署的保密协议。此外,个人不仅需遵守雇主内部规章制度中的保密要求,还需遵从适用的州法律及联邦法律关于保护特定类型保密信息的规定。例如,多数州的成文法或普通法禁止盗用商业秘密;美国《经济间谍法》(EEA)禁止为他国或信息所有人以外第三方的利益窃取或盗用商业秘密;美国《出口管理条例》(EAR)及美国《国际武器贸易条例》(ITAR)对于军用(或军民两用)信息的出口实施严格控制。

Question 3.  What will be my liabilities if I violate applicable confidentiality requirements?
问题3:如违反适用的保密义务,我需要承担何种法律责任?

Answer: The liability could be multifold depending on the circumstances.  The owner of the confidential information may file a civil lawsuit against you for remedies.  In addition, such violation may be regarded as a material misconduct under the employment policies, which might entitle the employer to unilaterally terminate your employment.  If you participate in a research program funded by a federal government agency (such as NIH, Department of Health and Human Services, Department of Defense, and Department of Agriculture), your non-compliance of the confidentiality (and other) requirements under such program may result in, among others, withholding of a continuation award, suspension or termination of the grant in whole or in part, or debarment by the federal agency.
回答:根据具体情形,您可能面临多重法律责任。保密信息的所有人可能对您提起民事诉讼以寻求救济。此外,您违反保密义务的行为可能构成雇主政策项下的重大不当行为,雇主有权据此单方解除您的劳动关系。如您参与一项联邦政府机构(如NIH、卫生与公共服务部、国防部、农业部等)资助的研究项目,您违反该项目下保密(及其他)要求的行为可能导致一项持续性研究经费被停发,部分或全部暂停或终止资助,或禁止参与联邦政府项目等不利后果。

Under certain circumstances, you may also be subject to criminal liabilities.  For example, according to Section 1831 of the EEA and its amendment in 2013, the theft or misappropriation of a trade secret with the intent or knowledge that such offence will benefit a foreign government, foreign instrumentality or foreign agent constitutes economic espionage, which could subject the individual offender to a maximum sentence of 15 years in prison and/or a fine of up to USD 5 million.  A person who discloses controlled technical data to a foreign country in violation of the EAR and ITAR may also be subject to a fine and/or imprisonment depending on the circumstances.  There might be further penalties if the offender destroys evidence or lies to an investigator.
在特定情形下,您可能还需承担刑事责任。例如,根据EEA第1831条及其2013年修正案,明知窃取或盗用商业秘密将使外国政府、组织或代理获益而从事该行为或故意从事该行为的,构成经济间谍罪,相关犯罪人可能面临最高15年的刑期和/或最高500万美元的罚款。违反EAR及ITAR向他国披露受管控技术数据的个人,根据情形可能被处以罚款和/或监禁。如果相关违法者毁灭证据或欺骗调查人员,可能还将受到其他处罚。

Question 4. Can I engage in research, business or other activities unrelated to my employment if I keep the confidential information of the employer in strict confidence?
问题4:如果我对雇主的保密信息予以严格保密,是否可以从事与我的劳动关系无关的研究、商业或其他行为?

Answer: It depends on the employer’s policies and the terms of the employment.  Often times, universities and other academic institutions have more lenient policies than private sector employers do.  In general, most employers have some level of internal policies prohibiting conflict of interests.  Under these policies, employees can be required to make report to and obtain approval from their employer in order to engage in activities outside of their employment, failure of which may constitute a violation of the employer’s policies and result in disciplinary actions against the employee, including termination of his/her employment.  Therefore, if you participate in a research program or other activities in China or other countries outside of your job without obtaining prior approval from your employer, the U.S. employer may take a disciplinary action against you regardless of whether you breach your confidentiality obligation.  Furthermore, if you fail to disclose such outside activities or misrepresent to a federal agency in connection with an application for a federal grant in violation of the grant rules, the program may be terminated, the funds may be withdrawn and you may be subject to civil or even criminal liabilities for grant fraud depending on the circumstances. 
回答:这取决于雇主的政策以及您的劳动合同条款。与私营企业雇主的内部政策相比,大学及其他学术机构的内部政策往往较为宽松。通常,大部分雇主的内部政策都会对禁止利益冲突作出一定程度的规定。在该等政策下,员工若想在劳动关系以外从事活动,必须向其雇主进行报告并获得其批准。如未能遵守该等要求,将构成违规,员工可能因此受到纪律处分(包括解除其劳动关系)。因此,如您在工作范围之外在中国或其他国家参与一项研究项目或从事其他活动并且事先未获得美国雇主的批准,您的雇主将有权对您进行纪律处分,不论您是否违反保密义务。此外,在申请联邦资助过程中,如果您未能依据资助规则向联邦政府机构披露您的外部活动或存在虚假陈述,则该项目可能会被终止,项目资金可能会被收回,并且您可能因资助欺诈而面临民事乃至刑事法律责任。

Question 5.  What should I do to avoid compliance risks?
问题5:我如何才能避免合规风险?

Answer: We recommend the following measures to avoid compliance risks:
回答:我们建议采取以下措施以避免合规风险:

  1. Carefully review relevant NDA, grant terms and conditions, and employment policies (including any code of conduct and ethical policies) to know your confidentiality and ethical obligations (or have a lawyer go through the requirements under these lengthy documents with you) and comply with such obligations;
    仔细审阅相关保密协议、资助条款和条件以及雇主政策(包括任何行为准则和道德规范)以了解您的保密义务和道德规范要求(或聘请律师为您梳理该等冗长文件项下的相关要求)并遵守该等义务;
  2. Follow the data owner’s guidelines and requirements when dealing with its confidential information;
    在使用保密信息时,应遵守数据所有人的指引和要求;
  3. Avoid disclosing confidential information outside the employing organization;
    避免向雇主以外的第三方披露保密信息;
  4. Store confidential information in designated system or device and avoid transferring such information to personal or third-party systems or devices unless approved or required by the data owner;
    应将保密信息存储在指定的系统或设备,并且在未经数据所有人批准或要求的情况下,应避免将该等信息转移到个人或第三方系统或设备;
  5. Obtain prior approval from the data owner/employer before disclosing confidential information to a third party or engaging in any outside activities; and
    在向第三方披露保密信息或在从事任何外部活动前,应从数据所有者/雇主处取得事先批准;并且
  6. Consult with a lawyer whenever you have a question regarding your obligation or feel you have been treated unfairly or unlawfully.
    当您对您的保密义务产生任何疑问或您认为受到不公正或非法对待时,应及时与律师联系。

Question 6.  What should I do when I find myself at risks of a violation?
问题6:当我发现已经存在违规风险时,应当怎么办?

Answer: Under such circumstances, we recommend that you take the following measures to mitigate compliance risks:
回答:在此种情形下,我们建议您采取以下措施以减小合规风险:

  1. DO NOT ignore such risks;
    切勿忽视该等风险;
  2. Immediately stop any questionable activities;
    立即停止任何可能存在问题的行为;
  3. If any confidential information has been provided to a third party that is not supposed to receive such information, request the third party to immediately return such information;
    如任何保密信息已被提供给不应掌握该信息的第三方,应要求该第三方立即归还相关信息;
  4. Immediately contact a lawyer for advice; and 
    立即联系律师以寻求专业意见;并且
  5. DO NOT delete or destroy any confidential information before receiving advice from the lawyer, because such actions might result in more serious liabilities.
    在获得律师的专业意见前,切勿删除或销毁任何保密信息,因为该行为可能会导致更严重的法律责任。

1 See “Racial profiling harms science,” Science 22 Mar 2019: Vol. 363, Issue 6433, pp. 1290-1292
参见《科学(Science)》期刊所载“种族归纳阻碍科学(Racial profiling harms science)”一文,2019年3月22日第363卷,第6433期,第1290-1292页

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.

© Dorsey & Whitney LLP | Attorney Advertising

Written by:

Dorsey & Whitney LLP
Contact
more
less

Dorsey & Whitney LLP on:

Readers' Choice 2017
Reporters on Deadline

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

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

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

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

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

California Privacy Rights

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

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide

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