Energy & Sustainability Connections Newsletter - May 2018

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A Note from the Editors

Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox. This month’s features include:

  • Leader in the News: NBD Nanotechnologies recently secured an $8 million Series B financing to further grow its business while continuing to innovate within its proprietary platform focused on specialty chemical products that change the surface properties of materials like glass and plastic.
  • Legal Feature: Mintz Levin’s Mark Higgins breaks down the expanding role of blockchain technology in the energy sector.
  • Event Highlights: Get all the details on four exciting energy events coming up, including the Grand Opening of Greentown Labs’ new Somerville headquarters, a microgrid discussion with the NECEC, and a BIRD funding winner event featuring enVerid Systems!
  • Washington Updates: Read the latest energy policy updates coming out of the Capitol, including the latest DOE funding announcements and new opportunities in offshore wind.

For links to industry grant opportunities and stories from the business, policy, and research sectors of the energy and clean technology industry, please see our Energy Navigator.

You can subscribe to our Energy & Sustainability Matters blog here.

We would also like to remind our readers that you can always ask us anything at http://mintzedge.com/ask-anything/. We built the MintzEdge website as a resource for entrepreneurs and investors, and hope that all of you take advantage of the site and see how it can help you.

Contents

Leader in the News: NBD Nanotechnologies

Legal Feature: Blockchain in Energy – Where Do We Stand? Where Do We Go From Here?

Event Highlights

Washington Updates
   Congress
   – House Hearing on DOE Budget
   – House Energy Bills Advance
   – House Hearing on High Octane Fuels
   – Senate Hearing on Rural Energy
   – Ceiling Fan Energy Conservation Harmonization Act
   Administration
   – Offshore Wind Opportunities
   – DOE Funding Announcements

Recent M&A Activity

Upcoming Events

Leader in the News

NBD Nanotechnologies

This month we are excited to highlight our client NBD Nanotechnologies! The Boston-based innovator recently secured an $8 million Series B financing to further grow its business while continuing to innovate within its proprietary platform focused on specialty chemical products that change the surface properties of materials like glass and plastic.

NBD Nanotechnologies (NBD Nano) is quickly emerging as a global leader in advanced surface wettability through its cutting edge, highly effective coatings and additives. Its unique products offer targeted and seamlessly integrated solutions to common problems in manufacturing, electronics, and consumer products. The proprietary hydrophobic technology in its RepelShell™ additive makes virtually any solid surface ultra-resistant to water and other pollutants — perfect for maximizing manufacturing efficiency or adding a protective layer to clothing and equipment. NBD Nano’s InvisiPrint™ coatings significantly reduce fingerprint visibility on a variety of surfaces. Other products include metallic technology that “harvests” a water supply from surrounding fog (inspired by the company’s namesake Namid Beetle Design, based on an insect that performs a similar feat). Moving forward, NBD Nano aims to continue developing cross-industry partnerships to help companies of all types perform at full potential.

Since founding NBD Nano in 2012, CEO Miguel Galvez and President Deckard Sorensen have grown the company and expanded the team to 14 employees working out of NBD Nano’s headquarters in Boston, MA. In 2014, Phoenix Venture Partners led a $5.2 million Series A financing round in NBD Nano and was joined in the funding support by Supply Chain Ventures and previous angels. The company has also received grants from the Massachusetts Clean Energy Center and the National Science Foundation’s Small Business Innovation Research program.

NBD Nano’s latest $8 million Series B financing round was led by BASF Venture Capital (BASF), joined by new investor Henkel AG & Co., existing investor Phoenix Venture Partners, and others. BASF's press release about the investment noted that “the company’s technology platform provides them with a strong base for future innovations” and that NBD’s “products are truly unique and will add significant value to NBD Nano’s customers.” This successful financing will allow NBD Nano to achieve the scale it needs to provide its novel solutions to a wider array of markets.

We congratulate NBD Nanotechnologies and all of our friends on the NBD team on your success in growing the business, another successful financing, and earning the support of world-class investors and leading global companies. We look forward to your continued success!

Legal Feature

Blockchain in Energy – Where Do We Stand? Where Do We Go From Here?

This feature by Mark Higgins was originally published on the Mintz Levin Energy & Sustainability Matters blog.

For all the publicity generated by the recent increase in value of Bitcoin, as well as the generally increasing awareness of the existence of blockchain technology, Greentech Media’s recent Blockchain in Energy Forum 2018 held in New York City demonstrated that the technology is incredibly young and all stakeholders — utilities, regulators, entrepreneurs, consumers, and investors — are still struggling with the ultimate impact of distributed ledger systems. The promise of blockchain as a decentralized, verifiable, and immutable database with the scalability to displace existing record-keeping systems is as of yet unfulfilled, but not for lack of effort. The wide variety of issues covered in the day’s panels demonstrate the fundamental debates stakeholders are still having. The touchstone questions to which panelists came, again and again, were “What problem is this solution supposed to solve?” and “Why does blockchain solve it better than any other solution?” Definitive answers to both questions remain elusive.

Most expect blockchain technology to be the foundation of the future transactive energy grid in which power generated by distributed energy resources on a scale ranging from residential rooftop solar to traditional generating stations is bought and sold in a marketplace, matching production with demand efficiently in real time. Our traditional hub-and-spoke model of electrical generation and transmission is evolving to one of widely distributed generation. This new marketplace will require the settlement of an incredible number of transactions every second. Some estimates have pegged the minimum rate of transactions to be settled for a country such as Germany at 260,000 per second in this future grid. As a means of comparison, the blockchain behind the cryptocurrency Bitcoin can only process 5 transactions per second — that of Ethereum, another well-known cryptocurrency, can handle approximately 15 transactions per second. For the transactive grid to come to fruition, much progress remains to be made.

Efforts are underway. The Energy Web Foundation, an offshoot of The Rocky Mountain Institute, the nonprofit energy research and consulting group, has begun developing its own blockchain engineered specifically for use within the energy space named the Energy Web Platform. Presently even this best attempt at an energy-specific blockchain can handle only 750 transactions per second. Further technical issues abound. Governance and best practices concerning the protocols pursuant to which major changes to the structure of the blockchain are implemented remain a topic of hot debate, as do the measures of verifying transactions on the blockchain. With basic issues such as these still in flux, it is not surprising that a real world manifestation of a fully functioning blockchain application has remained elusive in the energy industry.

Utilities and regulators are not blind to the promise of blockchain, though it seems as if they are just coming to the party. Both are extremely aware of their responsibilities to their constituents. Tasked with making sure that the power demands of their ratepayers are always met, utilities are particularly reluctant to embrace a transformative technology wholesale without total assurance that service to every customer will be uninterrupted. For all the promise of blockchain, utilities have the largest incentive to express skepticism. From their perspective, blockchain too often seems to be a solution in search of a problem.

That being said, opportunities do exist for utilities to apply blockchain-based services to their operations to increase efficiency, decrease cost, and deliver value. NRG Energy, Inc. is developing an internal blockchain to manage its Renewable Energy Credit (REC) portfolio from generation to retail to retirement. RECs are widely seen as the most likely-use case to first achieve viability as an independent product. A decentralized distributed ledger network perfectly encapsulates the multiple records that REC portfolio managers must reconcile to ensure that the managers have what they think they have. Yet, even with a seemingly square peg fitting into the square hole, utility representatives present still pondered aloud whether blockchain was the best and sole solution its promoters believed it to be.

That tension was evident in the advice of Dr. Paul Breslow, head of EDF’s Innovation Lab. Dr. Breslow cautioned on one panel that entrepreneurs seeking investment or buy in who make their pitches geared toward the future transactive grid are not helping the present-day discussion. Better, he said, to come into the room having identified a quantifiable problem and proposing a solution that works today. Utilities are among the most heavily regulated industries and are thus acutely aware of the incremental steps they must take from the traditional model of energy production and distribution to that of the future in order to continue to satisfy the concerns of their regulators.

Regulators are generally seen to be the last to embrace the promise of blockchain because of their explicit mandate to ensure the health of the grid. In this sense, the United States lags behind Europe. European regulators are regarded to work more closely in conjunction with major industry players to change regulation to accommodate blockchain technology compared to their American counterparts. As increasingly beneficial economics drive the penetration in the United States of distributed energy resources like community solar, the resultant necessary changes to the energy regulatory framework will likely include a provision for blockchain-based technologies.*

It is clear that blockchain energy entrepreneurs view this growing shift as their opportunity to enter the market. As the physical grid decentralizes, the efficiency offered by distributed ledgers over central recordkeeping becomes apparent. Propitiously, a distributed ledger system is also seen to increase overall grid resiliency by localizing the effect of adverse events on grid infrastructure — no single hit can take out the central ledger for the entire system. To these forward-looking souls, the day of blockchain in the energy industry has arrived, and they are there to seize it.

Seizing the day requires financing, and blockchain presents a tricky problem to traditional sources of funds because within blockchain lies its own mechanism of financing. Tokens are produced as miners verify individual blocks of transactions. Large amounts of tokens can be created by the blockchain progenitor and sold to third parties to raise funds for their projects. Of the estimated $324 million invested in organizations seeking to utilize blockchain in the energy industry, 75% has come from these initial coin offerings, a staggering amount. Increased SEC regulation has depressed ICO numbers in the United States in the last six months, but this fundraising mechanism continues to be popular abroad.

Initially, traditional venture capitalists found the competition from ICO fundraising disconcerting. Having independent access to capital, founders were more willing to eschew a VC-financed path of growth for their organizations. As SEC regulation has increased, however, founders have resorted to private placements of tokens to comply with U.S. securities laws. This shift has brought venture capitalists back into play to fund blockchain energy startups. Their emergence into the market is still new enough that the panel of investors discussing investment in blockchain energy products could not cite any benchmark returns on investment they expected nor any exit strategies beyond strategic acquisitions.

The excitement surrounding blockchain tends to mask the birthing problems of the transformative technology. Both the excitement and the problems were on full display at the Blockchain in Energy Forum. Mintz Levin is here to harness that excitement and help you address those birthing problems. We encourage you to reach out if you are a stakeholder in the energy space exploring the application of blockchain technologies. As our energy grid transforms, Mintz Levin will be helping you lead the way.

*This attitude markedly contrasts with non-U.S. jurisdictions. Several panels referenced their desire for a “regulatory sandbox” to experiment with blockchain implementation without unduly intrusive oversight. Interestingly enough, the lack of “regulatory sandboxes” in the United States can be explained by our regulatory framework. All energy providers, regardless of size, tend to be regulated equally in U.S. jurisdictions. Alternative systems of regulation allow, for instance, that an energy resource is not fully regulated until it produces more than 1 kW, allowing for more smaller-stake experimentation.

Event Highlights

Greentown Labs Grand Opening + Demo Day & E-Capital Investment Summit

May 9 – May 10 | Somerville, MA

Our team is looking forward to attending the Grand Opening of Greentown Labs’ new headquarters on May 9 in Somerville starting at 1 pm. Speakers will include Massachusetts Governor Charlie Baker and Somerville Mayor Joseph Curtatone, among others. To register, click here.

The following day, May 10, our own Verna Krishnamurthy will be in attendance at the Greentown Labs E-Capital Investment Summit, co-created with EarthX. This event will begin at 10:30 am in Somerville. For more information, click here.

NECEC’s Emerging Trends Series: Microgrids - A Model for Innovative Partnerships

May 17 | Boston, MA

Join our friends at NECEC on May 17 at 8:30 am at Veolia in Boston for a discussion that will highlight new ways customers, utilities, and third-party providers are working together to successfully deploy microgrid solutions. The NECEC team and speakers from the clean energy industry, as well as policymakers and customers, will discuss how they are working to develop models for microgrids that include energy storage, distributed generation, demand response, and energy efficiency to keep the lights on, reduce their carbon footprints, and enhance resiliency. To learn more and to register, click here. Mintz Levin is a proud sponsor of NECEC.

Winners of BIRD Funding Event

May 17 | Boston, MA

Congratulations to client enVerid Systems for winning Israel-U.S. Binational Industrial Research and Development (BIRD) funding! Come listen to stories from the winners on May 17 at 6 pm in Boston. Dr. Udi Meirav, Co-Founder & CEO of enVerid, will speak on the company’s behalf. Winners Formlabs and Pall Life Sciences will also speak. To register, click here.

enVerid Systems offers products that significantly lower upfront HVAC system cost and reduce annual energy consumption by 20 – 30% while improving indoor air quality. enVerid is committed to developing leading products that deliver energy savings while providing healthier indoor air quality (IAQ) worldwide.

Washington Updates

Congress

House Hearing on DOE Budget

On April 12, the House Energy and Commerce Subcommittee on Energy held a hearing on “The Fiscal Year 2019 Department of Energy Budget” with testimony from Secretary of Energy Rick Perry. The wide-ranging discussion covered the Administration’s request for the Office of Energy Efficiency and Renewable Energy (EERE), which would see a 70% reduction from Fiscal Year 2018; the Yucca Mountain project and legacy cleanup responsibilities; pipeline safety; encouraging innovation in the private sector; the Strategic Petroleum Reserve; resiliency in the electric grid; fusion energy research; cybersecurity infrastructure; fuel security; and Small Refinery Waivers.

House Energy Bills Advance

The House Energy and Commerce Subcommittee on Energy held a markup on April 18 of five energy bills including H.R. 5174, the Energy Emergency Leadership Act; H.R. 5175, the Pipeline and LNG Facility Cybersecurity Preparedness Act; H.R. 5239, the Cyber Sense Act; H.R. 5240, the Enhancing Grid Security through Public-Private Partnerships Act; and H.R. 4606, the Ensuring Small Scale LNG Certainty and Access Act.

House Hearing on High Octane Fuels

On April 13, the House Energy and Commerce Subcommittee on Environment held a hearing on the potential for high octane fuels and the vehicles designed for them. Members considered the impact of a potential transition to high octane fuels and vehicles on refiners, biofuel producers, automakers, fuel retailers, and consumers. Witnesses included Timothy Columbus, General Counsel, Society of Gasoline Makers of America and National Association of Convenience Stores; Dan Nicholson, Vice President, Global Propulsion Systems, General Motors, on behalf of the United States Council for Automotive Research; and Chet Thompson, President and CEO, American Fuel and Petrochemicals Manufacturers.

Senate Hearing on Rural Energy

The Senate Energy and Natural Resources Committee held a hearing on April 19 to examine energy-related challenges and opportunities in remote and rural areas of the United States. Witnesses included Carole Plowfield, Director, Office of Indian Energy and Policy Programs, DOE; Matt Greek, Senior Vice President of Research, Development and Technology, Basin Electric Power Cooperative; Doug Hardy, General Manager, Central Montana Electric Power Cooperative; Andrew Lyons, Weatherization and Energy Assistance Program Manager, HopeSource; and Robert Venables, Executive Director, Southeast Conference.

Ceiling Fan Energy Conservation Harmonization Act

On April 3, President Trump signed into law the Ceiling Fan Energy Conservation Harmonization Act (S. 2030). Introduced by Sen. Thom Tillis (R-NC), the bill makes January 21, 2020 the compliance date for the amended energy conservation standards for ceiling fan light kits, which is also the compliance date for ceiling fan standards. Previous to enactment of the Act, the compliance date for ceiling fan light kits was January 7, 2019.

Administration

Offshore Wind Opportunities

On April 6, the Bureau of Ocean Energy Management (BOEM) announced a proposed lease sale for two additional areas offshore Massachusetts for commercial wind energy leasing, totaling nearly 390,000 acres. A Proposed Sale Notice (PSN) for Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Massachusetts, published in the Federal Register on April 11, included a 60-day public comment period.

Also on April 6, BOEM announced it would publish a Call for Information and Nominations (Call) to obtain nominations from companies interested in commercial wind energy leases within the proposed area in the New York Bight. This region represents an area of shallow waters between Long Island (to the north and east) and the New Jersey Coast (to the south and west). BOEM published the Call, which includes a 45-day public comment period, in the Federal Register on April 11. BOEM will accept nominations and comments until May 29.

DOE Funding Announcements

On April 12, DOE announced it would award 82 grants totaling $99 million to 69 small businesses in 26 states. Funded through DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, the grant awards are for Phase II research and development.

On April 17, DOE announced up to $39 million in available funding to support early-stage research and development (R&D) of innovative hydrogen and fuel cell technologies. Concept papers are due May 7, 2018, and full applications will be due June 12, 2018.

Also on April 17, DOE announced up to $105.5 million to support energy innovation through solar technology. Under the department’s Solar Energy Technologies Office, DOE will fund about 70 projects to advance both solar photovoltaic and concentrating solar thermal power technologies, as well as to facilitate the secure integration of those technologies into the nation’s electricity grid.

Recent M&A Activity

  • April 18, 2018: SolarWorld Americas reached a definitive agreement to be acquired by SunPower for an undisclosed amount. The acquisition provides the acquirer with a platform for it to implement the company’s P-Series solar panel manufacturing technology in its home market.
  • April 17, 2018: Three Rivers Operating Company III was sold to an undisclosed buyer for an undisclosed sum.
  • April 09, 2018: Dynegy was acquired by Vistra for $1.74 billion. With this acquisition, Vistra Energy is now positioned to be the leading integrated power company in the United States.
  • April 09, 2018: Enertrade Electric, which operates as Shyne Energy, was acquired by Zenergy Brands for an undisclosed amount. The acquisition will enable the acquirer to add an essential complementary service to its suite of smart energy products and services..
  • April 04, 2018: Oatman Water Company was acquired by Para Resources for an undisclosed amount.
  • April 03, 2018: Delta International Oil & Gas was acquired by American Green an undisclosed amount. The acquisition will let Delta and American Green work in tandem to grow and expand American Green’s opportunities in Nipton and develop whatever new opportunities present themselves.
  • April 03, 2018: Fenix International (Alternative Energy Equipment) was acquired by Engie Africa, a subsidiary of Engie, for an undisclosed amount. The acquisition will help Engie accelerate its development in Africa’s off-grid energy market. Fenix will gain access to Engie’s supply chain, expertise, long-term capital investments, and talent across the energy value chain.
  • April 03, 2018: Superior Pipeline was acquired by SP Investor Holdings for $300 million. Unit Corp. will use proceeds from the sale to accelerate the drilling program of its upstream subsidiary, Unit Petroleum Company, and make additional capital investments in the jointly owned Superior to reduce corporate debt and for general working capital purposes.
  • April 03, 2018: Superior Plus (Wholesale Fuel Distribution and Terminal Business) reached a definitive agreement to sell its wholesale fuel distribution and terminal business to Sunoco for $40 million. The acquisition is consistent with Sunoco’s strategy of utilizing its scale to grow the core fuel distribution business and add fee-based refined product terminals into the overall portfolio.
  • April 02, 2018: CDM Resource Management was acquired by USA Compression Partners for $1.8 billion. The acquisition further expands USAC’s geographic presence into regions where USAC was previously underrepresented and results in USAC having broad coverage across U.S. regions.
  • April 02, 2018: Concord Energy Holdings was acquired by Rocky Mountain Crude Oil for an undisclosed amount.
  • March 30, 2018: Exelon reached a definitive agreement to acquire the LNG import terminal of ENGIE North America for an undisclosed amount.
  • March 28, 2018: RSP Permian (RSPP) reached a definitive agreement to be acquired by Concho Resources for $9.51 billion. The transaction consideration is inclusive of assumed liabilities. Following closing, the acquirer’s shareholders will own around 74.5% of the combined company, with Permian stakeholders holding the remaining 25.5%. The acquisition will enable the acquirer to expand its portfolio of oil and gas properties across the United States. The deal is expected to close in the third quarter of 2018.
  • March 28, 2018: Xoom Energy reached a definitive agreement to be acquired by NRG Energy for $210 million. The acquisition will expand NRG’s retail natural gas business and enhances NRG’s multi-brand and multi-channel strategy via XOOM’s referral-based sales channel. The acquisition is an all-cash transaction, funded with $75 million from excess cash and $135 million debt.
  • March 26, 2018: Azure Water reached a definitive agreement to be acquired by Isodiol International for $2.3 million. The acquisition of Azure’s water bottling facility will help Isodiol’s IsoBev susbisidary increase the value of its beverage portfolio.
  • March 23, 2018: American Illuminating Company’s parent company reached a definitive agreement for American Illuminating to be acquired by AOTS 42 for an undisclosed amount. The acquisition will enable the acquirer to expand its electricity distribution capabilities in the states of Illinios and Connecticut.
  • March 23, 2018: Klamath Hills Geothermal was acquired by Kalina Power for an undisclosed amount.
  • March 22, 2018: H.P. Technologies was acquired by Innovest Global for an undisclosed amount.
  • March 21, 2018: Longfellow Nemaha reached a definitive agreement to be acquired by SK E&P America, a subsidiary of SK Innovation, for an undisclosed amount. This transaction leverages SK’s operational expertise in the region and represents a significant step towards realizing SK’s vision of being a top-tier operator in U.S. Lower 48 Mid-Continent region and potentially beyond.
  • March 20, 2018: Selective Adsorption Lithium was acquired by International Battery Metals for an undisclosed amount. This acquisition is a strategic step for International Battery Metals’ extraction technology and system development in the United States and in other countries where the technology may be deployed.
  • March 19, 2018: Fifth Creek Energy was acquired by HighPoint Resources for approximately $595 million. The strategic business combination will result in the creation of an exploitation and production company, HighPoint Resources, exclusively focused on oil-weighted rural areas in the Denver-Julesburg (DJ) Basin. The combination will enable HighPoint Resources to develop a combined acreage position of around 151,100 net acres and an inventory of 2,865 future drilling locations, a majority of which have the potential for extended reach lateral (XRL) development.
  • March 16, 2018: XON Energy Resources was acquired by Walker Lane Minerals for an undisclosed amount.

*Sources: Pitchbook

NECEC Emerging Trends Series: Solar + Storage

May 1, 2018
Boston, MA & New York, NY

More Info »

Annual NEWIEE Awards Gala

May 1, 2018
Boston, MA

More Info »

Solar Summit 2018 – Greentech Media

May 1 – 2, 2018
San Diego, CA

More Info »

NREL Industry Growth Forum

May 3 – 4, 2018
Denver, CO

More Info »

AWEA WINDPOWER 2018

May 7 – 10, 2018
Chicago, IL

More Info »

Smart Cities New York

May 8 – 10, 2018
New York, NY

More Info »

Greentown Labs Grand Opening + Demo Day

May 9, 2018
Somerville, MA

More Info »

Greentown Labs + EarthX E-Capital Summit

May 10, 2018
Somerville, MA

More Info »

NECA Dinner Meeting

May 10, 2018
Cambridge, MA

More Info »

Solar Power Southeast (SEIA and SEPA)

May 15 – 16, 2018
Atlanta, GA

More Info »

6th Annual California Energy Summit – Infocast

May 15 – 17, 2018
Redondo Beach, CA

More Info »

Marine Renewable Energy Conference – UMass Dartmouth

May 16, 2018
Fall River, MA

More Info »

NECEC Emerging Trends Series: Microgrids – A Model for Innovative Partnerships

May 17, 2018
Boston, MA

More Info »

NECEC Investor and Corporate Partner Readiness

May 17, 2018
Webinar

More Info »

Cyber Security in a Distributed Energy Future: Protecting an Evolving Grid from Digital Attack (AEE)

May 17, 2018
Webinar

More Info »

Winners of BIRD Funding Event

May 17, 2018
Boston, MA

More Info »

GTM Forum: Energy Storage vs. Gas

May 21, 2018
New York, NY

More Info »

2018 Energy Efficiency Finance Forum – ACEEE

May 21 – 22, 2018
Tarrytown, NY

More Info »

Massachusetts Clean Energy Day

May 24, 2018
Boston, MA

More Info »

Building Tech Forum 2018: Net Positive Energy

May 24, 2018
Boston, MA

More Info »

SVOD: Silicon Valley Open Doors

May 30 – 31, 2018
Mountain View, CA

More Info »

Northeast Renewables – Infocast

May 30 – June 1, 2018
Boston, MA

More Info »

 

[View source.]

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

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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.

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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.