Developments in the Marijuana Industry and the Implications for Financial Institutions

by WilmerHale

The myriad—and conflicting—state, federal and international laws governing the burgeoning marijuana industry have created a complicated legal landscape for financial institutions. In the United States, most states have legalized some form of marijuana use, but the manufacture, sale and distribution of marijuana nevertheless remains illegal under federal law. As a result, in providing financial products and services to US marijuana-related businesses (MRBs), a financial institution could risk violating the Controlled Substances Act (CSA), 21 U.S.C. § 841. Moreover, engaging in or facilitating transactions that contain proceeds from US marijuana sales could create liability under the money laundering laws. 

Further complicating matters, Canada became the first major world economy to legalize recreational marijuana in October 2018. Because the US narcotics laws generally do not apply to activity that is legal abroad, providing financial products and services to Canadian MRBs would not violate the CSA or implicate the US money laundering laws. However, that is not the case in many European countries. The European Union recently passed a law expanding the extraterritorial scope of member countries’ money laundering laws with respect to certain narcotics-related offenses. These laws could now criminalize the transfer of funds from activity that is legal in the foreign country (e.g., marijuana sales in Canada) if that activity would be illegal in the home country. 

Below we discuss the fragmented legal and regulatory landscape governing the marijuana industry as well as notable recent developments and their implications for global financial institutions.

The US Narcotics Laws

In the United States, 46 states have legalized marijuana for medical and/or recreational use in some form. Medical marijuana is used to control seizures, ease glaucoma and combat the loss of appetite caused by chemotherapy, among other treatments. Notwithstanding these developments, the manufacture, sale and distribution of marijuana for any purpose continues to be a violation of the CSA even in states that have legalized its use at the state level. As a result, businesses that manufacture, sell or distribute marijuana in the United States are generally operating in violation of federal law. 

The federal government, however, has issued directives that create uncertainty regarding the likelihood of marijuana-related prosecutions. Department of Justice (DOJ) officials in the Obama Administration had issued several memoranda, known as the “Cole memoranda,” deprioritizing federal criminal prosecutions involving state-regulated marijuana businesses based on a set of eight priority factors.1 On January 4, 2018, former Attorney General Jefferson Sessions rescinded that guidance and instructed federal prosecutors to determine “which marijuana activities to prosecute” based on the “well-established principles that govern all federal prosecutions.”2 Practically, this means that federal marijuana enforcement priorities will be determined by individual United States Attorneys’ Offices. Although Attorney General Sessions’ memorandum did not alter the status of marijuana under federal law—marijuana commerce remained illegal even after the Cole memoranda were issued—the rescission of the Cole memoranda increased the risk of prosecution for marijuana-related commerce. Attorney General nominee William Barr has not yet decided whether he would formally reinstate the Cole memoranda if he is confirmed, but he has announced that he “do[es] not intend to go after parties who have complied with state law in reliance on the Cole memorandum.”3 The risk of prosecution with respect to medical marijuana is much lower because Congress has limited DOJ’s ability to use federal funds to enforce the CSA with respect to state-legalized medical marijuana businesses through the Rohrabacher-Blumenauer Amendment.4

The 2018 Farm Bill, Industrial Hemp and CBD

Industrial hemp and products derived from hemp, such as cannabidiol (CBD), create yet another source of uncertainty. In December, Congress passed and the president signed the long-awaited 2018 Farm Bill, which removes industrial hemp from the CSA’s definition of marijuana and expands legal cultivation of industrial hemp.5 CBD and other extracts derived from industrial hemp are no longer Schedule 1 drugs under the CSA.

The cultivation of industrial hemp and the manufacture and sale of CBD products, however, are still subject to state laws and regulations as well as Food and Drug Administration (FDA) regulation. Although some states had legalized hemp and CBD prior to the 2018 Farm Bill, industrial hemp and CBD products remain illegal (at least for now) at the state level in many states. Other states regulate CBD as a form of medical marijuana and allow its use by patients with prescriptions. And it remains to be seen how state regulation of industrial hemp and CBD may change in response to the 2018 Farm Bill.

Additionally, the FDA’s approach to regulating CBD is not yet clear. The FDA has indicated that it may regulate CBD as a pharmaceutical drug (subject to the FDA drug-approval process) rather than as a dietary supplement.6 And the FDA recently approved a childhood epilepsy drug, Epidiolex, whose active ingredient is CBD. The FDA has also issued warning letters addressed to CBD manufacturers and retailers who claim unproven health benefits from CBD, but it has not yet brought enforcement actions against CBD manufacturers. 

The US Money Laundering Laws

The risk of providing products or services to marijuana-related businesses is not limited to narcotics laws. The US money laundering laws make it a crime to conduct a financial transaction with proceeds of “specified unlawful activity,” provided that a defendant has the requisite knowledge and/or intent. See 18 U.S.C. §§ 1956, 1957. It is also a crime to transport, transmit or transfer funds internationally for the purpose of promoting a specified unlawful activity even if the funds are derived from a legitimate source. See 18 U.S.C. § 1956(a)(2).

As relevant in the context of marijuana commerce, federal, state and foreign narcotics offenses constitute specified unlawful activity. As a result, if an entity engages in a financial transaction knowing that the property involved represents the proceeds of some unlawful activity (e.g., US marijuana sales or foreign marijuana sales in other countries where marijuana remains illegal) and intends to promote the carrying on of unlawful activity, it may violate the US money laundering laws. If a transaction exceeds $10,000, intent to promote the underlying activity is not required. See 18 U.S.C. § 1957. The government need only establish that the entity knowingly engaged in a monetary transaction in property derived from specified unlawful activity with a value greater than $10,000. 

Implications for Financial Institutions in the United States

The complicated legal status of marijuana in the United States has potentially serious implications for financial institutions. A financial institution that provides products or services directly to a US MRB could be viewed as conspiring to violate or aiding and abetting a violation of the CSA because such services promote or facilitate the US MRB’s business. The potential money laundering risk arises where the financial institution receives or transfers funds from a US MRB that it knows are derived from the sale of marijuana. The money laundering risk is greater for transactions that exceed $10,000 because specific intent to promote the underlying criminal activity is not required; the government need only prove that the transaction contained crime proceeds and that the financial institution had knowledge or was willfully blind to that fact. 

The money laundering risk is not limited to direct transactions with US MRBs. There may also be risk in providing products and/or services to businesses that support US MRBs, such as companies that manufacture fertilizer and packaging materials or even provide accounting or legal services. Businesses that support US MRBs may engage in transactions with funds that contain proceeds from US marijuana sales (i.e., crime proceeds), and the receipt or transfer of such funds by a financial institution could expose a financial institution to liability under the US money laundering laws. The risk of providing products or services to such supporting businesses is lower than for providing products and services directly to US MRBs, but financial institutions can further mitigate their risk by obtaining representations and warranties from supporting businesses to ensure that they are not transacting with crime proceeds.7

The risk also differs based on the products or services provided (e.g., consumer banking services, initial public offerings, secondary-market trading, and research and analysis). Products and services that are material (i.e., necessary) to a US MRB’s business create a greater risk that a financial institution could be viewed as aiding and abetting or conspiring to violate the CSA or promoting illegal marijuana sales in violation of the US money laundering laws. Activities that are further attenuated from the underlying marijuana sales—e.g., secondary-market trading of securities—make it less likely that a financial institution would have the requisite knowledge and/or intent to violate US narcotics or money laundering laws.

In fact, regulatory guidance suggests that financial institutions may provide certain banking services related to marijuana-related business. In 2014, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued guidance based on the Cole memoranda that was designed to help banks reconcile the tension between state and federal narcotics laws. The FinCEN guidance created a three-tiered suspicious activity report filing system for marijuana-related activity. Notably, the FinCEN guidance does not prohibit financial institutions from providing banking services to state-licensed MRBs. Rather, FinCEN issued the “guidance [to] clarif[y] how financial institutions can provide services to marijuana-related businesses consistent with their BSA obligations.”8 FinCEN has not revised the guidance following the repeal of the Cole memoranda.

Moreover, some states have encouraged the financial services industry to provide banking services to state-authorized MRBs. For example, New York Governor Andrew Cuomo directed the New York State Department of Financial Services to encourage New York state-chartered banks and credit unions to provide banking services to New York’s medical marijuana and hemp businesses.9 Several members of Congress have introduced legislation to enable state-licensed US MRBs to engage in relationships with banks and other financial institutions,10 and many have advocated for US MRBs to have access to the banking system.11

Canada Legalizes Recreational Marijuana

Canadian MRBs, however, do not pose these same risks under US law. Canada legalized recreational marijuana on October 17, 2018, becoming the world’s largest marketplace for legal marijuana. Each of Canada’s provinces and territories is responsible for establishing its own rules governing how marijuana may be sold and where it may be consumed, but as a general matter, individuals 18 years and older may now consume marijuana, possess up to 30 grams of marijuana in public and grow up to four marijuana plants at home. Some provinces, such as British Columbia, have elected to operate government-run marijuana stores while others have granted licenses to private distributors.

Because the manufacture, distribution and sale of marijuana in Canada is now legal, MRBs that operate exclusively in Canada with no nexus to the United States are no longer engaged in specified unlawful activity—a predicate offense—under the US money laundering laws. Accordingly, providing the same products and services that could implicate the US narcotics or money laundering laws if provided to a US MRB would not violate US law if provided to a Canadian MRB. That is not necessarily the case under European law.

European Countries Expand the Scope of Their Money Laundering Laws

On October 23, 2018, the European Parliament and the European Council signed the Directive on Countering Money Laundering by Criminal Law (the Directive),12 which broadens the scope of extraterritorial activity that may serve as a predicate for a money laundering offense in European Union (EU) member countries. Currently, the laws of some EU member countries, such as Germany, provide that extraterritorial activity is generally not a basis for a money laundering conviction unless the activity is illegal both in the country where the activity takes place and in the EU member country. These laws apply what is known as the “double criminality criterion,” meaning that the activity has to be a crime in both relevant countries to constitute a predicate offense. The Directive prohibits EU member countries from applying the double criminality criterion in cases of illicit trafficking in narcotic drugs and psychotropic substances (including the cultivation of cannabis). The elimination of the double criminality criterion means that proceeds from legal marijuana sales in Canada, which would be illegal if they occurred in the EU member country, could provide the basis for a money laundering conviction in the EU. EU member countries will be required to implement the Directive by December 3, 2020.

The United Kingdom’s money laundering law similarly provides that persons or institutions that receive payments derived from legal marijuana sales abroad commit a criminal offense, provided that they know or suspect the funds were derived from the sale of marijuana. In the United Kingdom, it is illegal to possess, grow or sell marijuana, and the Proceeds of Crime Act (POCA) defines “criminal property” by reference to whether the predicate activity is lawful in the United Kingdom (not where the activity occurred).13 Although there is a statutory exemption to POCA for certain predicate acts that are legal where they occurred, that exemption does not apply to marijuana possession, cultivation or sales given the prison sentences permissible for such crimes. 

As explained above, because the manufacture, distribution and sale of marijuana in Canada is now legal, MRBs that operate exclusively in Canada with no nexus to the United States are not acting in violation of the US narcotics or money laundering laws. Providing products and services to Canadian MRBs could, however, provide the predicate for a money laundering violation in European Union member countries.


In sum, the risk of violating the US narcotics or money laundering laws by providing products or services to businesses involved in marijuana commerce depends on a number of factors, including (but not limited to): 

  • Whether the business is engaged in the manufacture, sale, or distribution of recreational or medical marijuana in the United States; 
  • Whether a foreign business operates in or has a nexus to the United States or operates solely in a jurisdiction where marijuana is legal, such as Canada; and
  • Whether the business provides products or services to MRBs and/or receives funds that may be derived from US marijuana sales.

Financial institutions should be aware of and develop policies and procedures to mitigate these risks. Because different jurisdictions take different approaches to criminalizing activities involving MRBs, financial institutions should centralize risk-management decision making around marijuana-related issues with a knowledgeable group of legal, compliance and risk management personnel.

Footnotes -

  1. See Memorandum from David W. Ogden, Deputy Att’y Gen., US Dep’t of Justice, to Selected US Att’ys: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana (Oct. 19, 2009); Memorandum from James M. Cole, Deputy Att’y Gen., US Dep’t of Justice, to US Att’ys: Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Marijuana for Medical Use (June 29, 2011); Memorandum from James M. Cole, Deputy Att’y Gen., US Dep’t of Justice, to All US Att’ys: Guidance Regarding Marijuana Enforcement (Aug. 29, 2013); Memorandum from James M. Cole, Deputy Att’y Gen., US Dep’t of Justice, to All US Att’ys: Guidance Regarding Marijuana Related Financial Crimes (Feb. 14, 2014).
  2. Memorandum from Jefferson B. Sessions, III, Att’y Gen., US Dep’t of Justice, to All US Att’ys: Marijuana Enforcement (Jan. 4, 2018). 
  3. Tom Angell, “Trump Attorney General Pick Puts Marijuana Enforcement Pledge In Writing,” (Jan. 28, 2019, 1:23 PM).
  4. See Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No. 113-235, 128 Stat. 2130 (2014); Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, 129 Stat. 2242 (2015); Consolidated Appropriations Act, 2017, Pub. L. No. 115-31, 131 Stat. 135; Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017, Pub. L. No. 115-56, 131 Stat. 1129 (2017); Second Continuing Appropriations, Fiscal Year 2018, Pub. L. No. 115-90, 131 Stat. 1280 (2017); Third Continuing Appropriations for Fiscal Year 2018, Missile Defense, Health Provisions, Other Matters, and Budgetary Effects, 2018, Pub. L. No. 115-96, 131 Stat. 2044 (2017); Fourth Continuing Appropriations for the Fiscal Year 2018 Federal Register Printing Savings, Healthy Kids, Health-Related Taxes, and Budgetary Effects, Pub. L. No. 115-120, 132 Stat. 28; Continuing Appropriations Amendments Act, 2018, Pub. L. No. 115-124, 132 Stat. 314; Consolidated Appropriations Act, 2018, Pub. L. No. 115-141, 132 Stat. 348.
  5. The 2018 Farm Bill defines “hemp” as any part of the cannabis plant “with a [THC] concentration of not more than 0.3 percent on a dry weight basis.” Agriculture Improvement Act of 2018, § 297A, Pub. L. No. 115-334, H.R. Doc. No. 2 (signed by President, Dec. 20, 2018).
  6. See, e.g., US Food and Drug Administration, FDA and Marijuana: Questions and Answers (last visited Feb. 5, 2019) (Q. “Can products that contain THC or cannabidiol (CBD) be sold as dietary supplements? A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under sections 201(ff)(3)(B)(i) and (ii) of the FD&C Act, respectively.”).
  7. Medical marijuana-related businesses present an even lower risk of prosecution given the Rohrabacher-Blumenauer Amendment. 
  8. Guidance from Dep’t of Treas., Fin. Crimes Enforcement Network (Feb. 14, 2014) (FIN-2014-G001).
  9. See Press Release, Andrew M. Cuomo, Governor, New York State, Governor Cuomo Announces Further Action to Support Development of Medical Marijuana and Industrial Hemp Businesses in New York (July 3, 2018). 
  10. See Secure and Fair Enforcement Banking Act of 2017, H.R. Doc. No. 2215, 115th Cong. (2017), and S. Doc. No. 1152, 115th Cong. (2017).
  11. See, e.g., Reps. Ed Perlmutter (D. Colo.) and Denny Heck (D. Wash.), “Open the Banking System to the Marijuana Industry,” The Hill (Feb. 7, 2018, 8:25 AM). 
  12. Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law, 2018 O.J. (L 284) 22.
  13. Proceeds of Crime Act 2002, c. 29, § 340(3).


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.

© WilmerHale | Attorney Advertising

Written by:


WilmerHale 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.