Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

by Akin Gump Strauss Hauer & Feld LLP

Akin Gump Strauss Hauer & Feld LLP

Key Points

  • The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.”
  • The Court of Appeal declined to go further and comment on what the position should be if there is no express term dealing with concurrent delay.
  • On a practical level, Owners will now include in contracts an express term excluding an extension of time if there is concurrency and Contractors will want to define precisely what is meant by “concurrent delay” and steer delay analysis towards methods that undermine findings of concurrent delay.
  • The Court of Appeal’s position differs from that in the United States where if there is concurrent delay, the delay is held to be an excusable non-compensable delay entitling the Contractor to only an extension of time and no additional money.

In North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744, the Court of Appeal has resolved a key issue that often troubles tribunals in international construction arbitration. The subject of concurrent delay is important on many levels, and the Court of Appeal’s decision and supporting analysis will have a tangible impact on how complex construction claims will now be articulated, pleaded, analyzed and decided by tribunals. The Court of Appeal focused on the enforceability of an express term freely negotiated and included in an agreement. Put simply, the clause stated that if there are two delaying events, Event X and Event Y, occurring at the same time and causing concurrent delay to completion of the works, with Event X otherwise entitling the Contractor to an extension of time, and Event Y being “another delay for which the Contractor is responsible”, then the Contractor would not be entitled to an extension of time in respect of those two delaying events. The Court of Appeal held that the clause was enforceable and was not contrary to an overarching principle of law – the so-called “prevention principle”. North Midland Building Ltd v Cyden Homes Ltd provides a long-awaited clarification and an important contribution to the common law. However, the position under U.S. law is different. Put simply, the Owner is not entitled to collect liquidated damages, and the Contractor is not entitled to loss/expense. Instead, where there is concurrent delay, the delay is held to be an excusable non-compensable delay entitling the Contractor to only an extension of time. Although a provision such as the one in North Midland Building Ltd would appear to be against U.S. public policy, it is still an open issue in the United States, as there does not appear to be any reported cases directly on this point.

Practical Effects

The Court of Appeal did not wish to comment on whether a Contractor would also be denied an extension of time where there is concurrent delay but no express term. On a practical level North Midland Building Ltd will encourage Owners to now include in contracts an express term excluding an extension of time if there is concurrency, and this in turn will encourage Contractors to define precisely what is meant by “concurrent” and to analyze the precise effect of delay to completion in ways that undermine findings of concurrent delay. It is also likely that Contractors may now seek to argue that liquidated damages are an unenforceable penalty if levied where there is concurrent delay and no extension of time.

The “Prevention Principle”

In North Midland Building Ltd the Contractor argued that a bespoke clause in the construction contract that stated “any delay caused by a Relevant Event which is concurrent with another delay for which the Contractor is responsible shall not be taken into account [in the assessment of an extension of time to the contract completion date]” was not enforceable because it was contrary to what has come to be known as the “prevention principle” and therefore ineffective. The Contractor’s position was that time was at large such that liquidated damages are void; the Contractor has a reasonable time to complete the works; subject to which general damages for delay are feasible. The “attack” on the express clause was based on the “prevention principle” which typically means that a Contractor cannot be held to a completion date where something occurs, for which it is said the Owner is responsible, that prevents the Contractor from complying with his obligations, usually the obligation to complete the works by the completion date. The effect of the prevention principle has not been challenged in the common law, and one typically sees references to Dodd v Churton [1897] 1 QB 566, where the employer ordered extra work which delayed completion and the Court held “…where one party to a contract is prevented from performing it by the act of the other, he is not liable in law for that default; and accordingly a well-recognised rule has been established in cases of this kind, beginning with Holme v Guppy, to the effect that, if the building owner has ordered extra work beyond that specified by the original contract which has necessarily increased the time requisite for finishing the work, he is thereby disentitled to claim the penalties for non-completion provided by the contract.”  Given the inevitability of changes and delays, it is widely understood that construction contracts began to incorporate extension of time clauses (which provided that, on the happening of certain events – which included what might generically be described as “acts of prevention” on the part of the employer – the date for completion under the contract could be extended, so that liquidated damages would only be levied for the period after the expiry of the extended completion date).

It is well understood that acts of prevention by an Owner do not set time at large if the contract provides for an extension of time in respect of those events, but the Contractor argued that the prevention principle was a matter of legal policy which would operate to rescue the Contractor from the clause to which it had freely agreed. There is no authority for the Contractor’s proposition, and it was, in any event, rejected robustly. Put simply, the Court of Appeal held that the prevention principle was not an absolute rule of law but operated as an implied term in a contract which, fundamentally, could be contradicted by the express terms of the contract. Coulson LJ Judgement stated at paragraph 36:

“The final reason for my rejection of Ground 1 is perhaps the most important of all and applies even if I was wrong, and clause was somehow connected with the prevention principle. Clause was an agreed term. There is no suggestion in the authorities noted above that the parties cannot contract out of some or all of the effects of the prevention principle: indeed, the contrary is plain. Salmon LJ’s judgment in Peak v McKinney, set out at paragraph 33 above (and in particular the passage in bold), expressly envisaged that, although it had not happened in that case, the parties could have drafted an extension of time provision which would operate in the employer’s favour, notwithstanding that the employer was to blame for the delay”.

What if There is Concurrency but No Express Term?

The Court of Appeal was invited by the Owner to hold that, the prevention principle can still be defeated where there is concurrent delay because it could not be said that the Owner had actually delayed the Contractor at all. There is no Court of Appeal authority on this specific issue. The Court of Appeal did not wish to decide this issue, stating, “other than to note that there are differences of view expressed in both the first instance cases and the textbooks, it seems to me that it would be unwise to decide the issue without full argument. There may well be cases which will turn on this point, but the instant appeal is not one of them”.

It is not entirely clear why the Court of Appeal did not go further and close this specific issue too. The Court of Appeal recognized that in the absence of an express clause dealing with concurrent delay, a contractor’s entitlement to an extension of time in circumstances of concurrent delay is not entirely free from doubt, and it discussed case law that allowed an extension of time for the period of the concurrent delay (Walter Lilly and Co Limited v Giles Mackay and Another [2012] EWHC 1773 (TCC); [2012] 28 Const. L.J. Issue 8 and also the case-law that decided that no extension of time should be granted (Adyard Abu Dhabi v SD Marine Services [2011] EWHC 848 (Comm) and Jerram Falkus Construction Limited v Fenice Investments Incorporated (No. 4) [2011] EWHC 1935 (TCC). This aspect of the judgement is disappointing, and it is perhaps an opportunity missed. There is significant interest in this issue. The Society of Construction Law Delay and Disruption Protocol Second Edition represents the widely held view and takes the position that a Contractor’s entitlement to an extension of time should not be reduced if there is concurrency. However, it is now more likely that Owners will argue that where there is concurrency a Contractor is not entitled to an extension of time. This is because the Court of Appeal appeared to embrace many aspects of Adyard Abu Dhabi v SD Marine Services including the definition of concurrent delay, and it did not disapprove of the Judge’s comments in that case that “there is only concurrency if both events in fact cause delay to the progress of the works and the delaying effect of the two events is felt at the same time” (even though it could easily have done so). Further support for an Owner would be the fact that the case law that supports “no extension of time” in circumstances of concurrency is more recent and is supported by a leading text. It may also be compelling that the Judge at First Instance in North Midland Building Ltd who was keen to say that there should be no extension of time was not in any way contradicted by the Court of Appeal.

No Extension of Time and no Liquidated Damages?

The Contractor also argued that even if the express clause dealing with concurrent delay was effective it was still possible that the Owner could not levy liquidated damages on the basis that there was an implied term that prevented the Owner from recovering liquidated damages for a period of delay for which it was responsible. The Contractor did not argue that the concurrent delay made the liquidated damages an unenforceable penalty but rather that as a matter of causation in such circumstances, it could not be said that the liquidated damages flowed from a delay for which the Contractor was responsible. Put simply, this causation argument was rejected robustly by the Court of Appeal on the basis that the extension of time machinery is aligned to the provisions dealing with liquidated damages, and so once the former is operated properly the latter can also be operated. Coulson LJ was clear:

“Whilst it is certainly right that the contractual machinery for extending time and fixing a new completion date has a number of important consequences for the contract as a whole, the primary purpose of an extension of time provision is to give the contractor relief against the levying of liquidated damages for delays which were not his responsibility under the contract: see Peak v McKinney. Given that close linkage, there can be no basis for arguing for a result in respect of liquidated damages that is different to the result in respect of extensions of time. If there had been a right to an extension of time, the ability to levy liquidated damages would only have operated in respect of any delay after the extended date; if the right to an extension of time was expressly negated, there is no reason why liquidated damages should not apply to the delay beyond the contractual completion date. In both situations, the express provisions which either confer or deny a right to an extension of time are linked directly to the preservation of the employer’s right to liquidated damages”.

United States Law on Concurrent Delay

In the United States, absent an express contract clause to the contrary, the well-established general rule is that where both the Owner and the Contractor contribute to a delay, neither party can recover damages, unless there is proof of a clear apportionment of the delay and the expense attributable to each party. William F. Klingensmith, Inc. v. U.S., 731 F.2d 805, 809 (Fed. Cir. 1984); Blinderman Const. Co. v. U.S., 695 F.2d 552, 559 (Fed. Cir. 1982), citing Coath & Goss v. U.S., 101 Ct. Cl. 702, 714 (1944); RPR & Associates, Inc. v. University of North Carolina-Chapel Hill , 570 S.E.2d 510 (N.C. 2002). In other words, the Owner is not entitled to collect liquidated damages, and the Contractor is not entitled to additional compensation. Instead, where there is a true concurrent critical path delay, the delay is held to be an excusable non-compensable delay entitling the contractor to only a time extension. Morganti Nat., Inc. v. U.S., 49 Fed. Cl. 110, 132 (2001), aff’d, 36 Fed. Appx. 452 (Fed. Cir. 2002). HPS Mech., Inc. v. JMR Constr. Corp., 2014 U.S. Dist. LEXIS 105888 (N. Dist. Ca. August 1, 2014), citing 5 Bruner & O’Connor Construction Law §15:25 (2014).

It is unclear, whether a U.S. court would enforce the type of bespoke provision at issue in the North Midland Building Ltd case, which prohibited the Contractor from obtaining a time extension in a concurrent delay situation. In analyzing such a provision, a U.S. court may look to analogous case law interpreting no-damage-for-delay provisions, which provide that a Contractor is entitled to a time extension but no money for delays, including delays that would otherwise be compensable. No-damage-for-delay provisions are typically enforceable in the United States but, as a matter of public policy, are frowned upon and any ambiguities in such provisions are strictly construed against the Owner, as the clause attempts to exculpate the Owner from its own wrongdoing (delaying the Contractor’s performance). No-damage-for-delay provisions are also subject to several well-known exceptions to their enforceability. For example, most jurisdictions in the United States hold that no-damage-for-delay provisions will not be enforced if the delays in question were caused by the Owner’s fraud or bad faith or by the Owner’s active interference. See Corinno Civetta Constr. v. City of New York, 493 N.E.2d 905 (N.Y. 1986);Tricon Kent Co. v. Lafarge North America, Inc., 186 P.3d 155 (Colo. App. 2008); Construction Scheduling: Preparation, Liability, and Claims, §7:09, Wickwire, Driscoll, Hurlbut and Groff (Aspen Publishers, 3d Ed. 2010).

The provision enforced in North Midland Building Ltd, is arguably even harsher than a typical no-damage-for-delay-provision. Accordingly, if it was the Owner or its agents, actions which caused a delay which was concurrent with Contractor caused delay, it is possible that a U.S. court would look for a way to not enforce a provision which denies a Contractor a time extension for the period of concurrent delay while allowing the Owner to collect liquidated damages from the Contractor for that same concurrent delay period. However, although a provision such as the one in North Midland Building Ltd would appear to be against U.S. public policy, it is still an open issue, as there does not appear to be any reported cases directly on point.

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.

© Akin Gump Strauss Hauer & Feld LLP | Attorney Advertising

Written by:

Akin Gump Strauss Hauer & Feld LLP

Akin Gump Strauss Hauer & Feld 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.