Food and Beverage Law Update: September 2018

by Holland & Knight LLP
Contact

Holland & Knight LLP

Labor and Employment

Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation

By Michael Starr

In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that fast-food franchisor Jimmy John's did not become a joint employer with its franchisees merely by maintaining brand standards. Jimmy John's, the franchiser of a fast-food restaurant, was sued by employees of some of its franchisees. The plaintiffs were assistant store managers (ASMs) who claimed they were misclassified as exempt under the Fair Labor Standards Act (FLSA) and not paid overtime.

Jimmy John's maintained a relationship with its franchisees that was typical for the fast-food industry. Each franchise was owned and operated as an independent business, but was required to uphold brand standards to ensure constant quality for all Jimmy John's restaurants. Compliance with brand standards was monitored by "business coaches" who regularly inspected each restaurant but did not audit compliance with employment-related matters such as whether ASMs were properly classified as exempt or non-exempt under the FLSA. In reaching its decision, the court relied on several factors. For example, the court ruled that Jimmy John's employment of business coaches to provide guidance on hiring and discipline did not amount to "actual control over" franchise employment decisions. The court also ruled that while Jimmy John's "may have influenced staffing decisions" (emphasis added) indirectly through the requirements of its standardized Operations Manual, this did not constitute "direct authority or control."

The fundamental question, as the district court saw it, was "whether Jimmy John's exercised control and authority over franchise employees in a manner that caused the FLSA violation (at least in part)" (emphasis added). That violation, according to the plaintiffs, arose from the alleged misclassification of ASMs as FLSA-exempt. The evidence showed, however, that the franchise owners determined whether to classify employees as exempt or nonexempt and that while Jimmy John's used its brand standards to standardize the customer experience across all franchise stores, it did not attempt to control classification under the FLSA or require all franchise owners to classify their employees uniformly. Significantly, the court reasoned that any control Jimmy John's did exercise over franchisees related to its brand standards, which, the court said, "Jimmy John's is entitled to enforce and protect through compliance measures against the franchisees."

The Jimmy John's decision is a welcome recognition that enforcing brand standards does not, in itself, make the franchisor a joint employer of the employees of its franchisees. Nationwide franchisors, however, must be cautious in assessing the import of the Jimmy John's decision. Other courts take a much more expansive review of the joint-employer concept for FLSA purposes. One federal court of appeals, for example, has ruled that two separate businesses can avoid a joint-employer finding only if they "are 'entirely independent'" and "'completely dissociated' with regard to the essential terms and conditions that govern a worker's employment." Salinas v. Commercial Interiors, Inc., 848 F.3d 125, 137 (4th Cir. 2017). If the "completely disassociated" test is utilized, strict enforcement of brand standards by a franchisor that indirectly influences a worker's essential terms and conditions of employment would conceivably result in its being found the joint employer of its franchisee employees.

Wage and Hour

U.S. Supreme Court Leaves Tip Pooling in Flux

By Nathan A. Adams IV

In two consolidated appeals styled National Rest. Ass'n v. U.S. Dep't of Labor, No. 16-920, 2018 WL 3096374 (June 25, 2018) and Wynn Las Vegas LLC v. Cesarz, No. 16-163, 2018 WL 3096373 (June 25, 2018), the U.S. Supreme Court denied without comment certiorari petitions challenging a U.S. Court of Appeals for the Ninth Circuit decision styled Oregon Rest. And Lodging Ass'n v. Perez, 816 F. 3d 1080 (9th Cir. 2016). The court in Perez upheld an Obama-era rule, 76 Fed. Reg. at 18,841-42 (Ap. 5, 2011) (codified at 29 C.F.R. §§531.52, 531.54 and 5531.59), which prohibited employers under the FLSA from pooling the tips of servers and other "front of the house" workers who were paid at least the full minimum wage and distributing a share to "back of the house" workers who do not typically receive tips.

As background, in December 2017, the U.S. Department of Labor (DOL) submitted a proposal to the White House Office of Management and Budget to rescind the rule. In April 2018, DOL announced that due to a March amendment to the FLSA, included in the 2018 Consolidated Appropriations Act, Pub. L. No. 115-141, Div. S, Tit. XII, §1201(c), 132 Stat. 348, employers who pay tipped workers the full federal minimum wage without claiming a tip credit can now include certain non-managerial workers who are not "customarily and regularly tipped" such as cooks and dishwashers in tip pools. The anticipated rescission of the Obama-era rule is still only proposed. The denial of certiorari leaves unresolved tension with Perez.

Meanwhile, in Pataky v. Brigantine, Inc., No. 17-cv-00352, 2018 WL 3020159 (S.D. Cal. June 18, 2018), the district court certified a class in settlement of a claim for violation of the California Business and Professions Code, section 17200 (Unfair Competition Law), based on violation of the FLSA's prohibition against forcing employees to share tips with employees who do not provide direct table service to customers in places where the kitchen staff does not customarily and regularly receive tips as a predicate offense.

Furthermore, the district court in Trawick v. Tri-Star Res. Gp., LLC, No. 17-00456, 2018 WL 2337285 (D. Hawaii May 23, 2018), in reliance upon Kilgore v. Outback Steakhouse of Fla., Inc., 160 F. 3d 294 (6th Cir. 1998), ruled that hosts may participate in tip pools. Like "bus persons," hosts are mentioned in 29 C.F.R. §531.54 as an example of restaurant employees who may receive tips from tip outs by servers. According to the court in Kilgore, "One can distinguish hosts from restaurant employees like dishwashers, cooks, or off-hour employees like an overnight janitor who do not directly relate with customers at all."

Judicially Enforced DOL Subpoena Overturned

By Nathan A. Adams IV

In Acosta v. La Piedad Corp., 894 F. 3d 947 (8th Cir. 2018), the court ruled that a restaurant company doing business as El Mezcal Mexican Restaurant was not in civil contempt for failure to produce documents in response to a DOL subpoena that demanded production of documents reflecting business activities of shareholders without regard to where the documents were located or whether they pertained to the company's business under DOL investigation into compliance with the FLSA. The subpoena was broad, requesting 22 categories of documents, including "all documents showing the names and addresses of all other businesses that are partially and/or fully owned by any of the owners of La Piedad Corporation and the percentage of ownership." The subpoena lacked statutory or judicial authority authorizing a subpoena commanding a party to produce documents that are not within its possession, custody or control. Moreover, the company plainly stated in response that it had no responsive documents and there was no factual basis in the record for inferring an agency relationship between El Mezcal and other businesses owned by the defendant's shareholders.

Labeling

Reliance on False Label Not Always Necessary to State a Claim

By Nathan A. Adams IV

In Johnson v. Atkins Nutritionals, Inc., No. 2:16-cv-04213, 2018 WL 3398162 (W.D. Mo. July 12, 2018), the plaintiff sued the defendant on various theories for alleged deceptive labels, but during deposition he testified that he remembered seeing, but not reading the "Counting Carbs?" label. When asked whether the label was important to his purchasing decision, the plaintiff testified that his then-wife "would direct him to purchase certain things that they wanted" as part of a no-carb to low-carb diet plan to cut sugar and lose weight. The defendant argued that an element of a claim under the Missouri Merchandising Practices Act (MMPA) must be reliance on the alleged false label. The defendant argued the label must at least be material to the consumer's purchasing decision. The court disagreed that reliance or materiality were necessary elements of the MMPA claim any more than that the plaintiff had suffered some "ascertainable loss." The plaintiff consumed the products and was not adversely affected, but the court determined that the plaintiff need only show that the product was worth less than what he paid for it due to the alleged false label. The court did grant summary judgment on the plaintiff's claims for breach of express warranty and unjust enrichment as they pertain to the "Counting Carbs?" label on chocolate peanut butter bars. The defendant failed to solicit similar reliance deposition testimony for three other products, so the related claims remained. The court also denied summary judgment on the plaintiff's claims with respect to the "Only Xg Net Carbs" label, although the plaintiff said he did not think "only" "really does anything."

Ambiguity Regarding Definition of Word on a Label Prevents Dismissal

In Cohen v. East West Tea Co., LLC, No. 17-CV-2339, 2018 WL 3656112 (S.D. Cal. Aug. 2, 2018), the plaintiff alleged that the defendant advertises and sells tea products containing "Organic Kombucha" when, in reality, they do not. The plaintiff argued there is a common understanding that kombucha contains live organisms. The defendant disagreed and argued that any reasonable person would know that there cannot be live organisms in the tea bag when the tea is boiled. Nevertheless, the court denied the defendant's motion to dismiss because it could not conclude as a matter of law that members of the public are not likely to be deceived by the product's packaging. "Without an approved nor agreed upon definition of kombucha" like "all natural," a reasonable consumer could assume kombucha includes live bacteria. The plaintiff alleged that she would not have bought the tea but for the alleged misrepresentation; therefore, the court determined that she alleged sufficient reliance on the label. The court also found that the plaintiff pled all of the elements of breach of express warranty and determined that she has standing for injunctive relief.

Beverages

Louisiana Gallonage Tax on Dealers a Permissible Occupational License Tax

By Joshua D. Aubuchon

In Beer Industry League of La. v. City of New Orleans, No. 2018-CA-0280, 2018-CA-0285, 2018 WL 3216508 (La. June 27, 2018), the court held that a state gallonage tax levied on dealers who handled beverages with high-alcohol content was an "occupational license tax" authorized by the state constitution and, thus, a municipal ordinance authorizing a similar tax was also constitutional. The Beer Industry League of Louisiana (the Louisiana beer distributor's association) and the Louisiana Restaurant Association claimed that the City of New Orleans "exceeded its authority ... by imposing licensing fees and taxes upon the alcohol beverage industry in excess of the amounts allowed by law," and that the tax was "a direct tax on property in the control of whomever has possession of it and not an occupational license tax upon the activities of the dealer in handling the property." Although the tax was based upon gallonage, the court had previously reasoned that "the term occupational license tax consistently has been used to refer to any tax on the activity or privilege of conducting a business or practicing a profession." Because the tax imposed was on the entity selling the high-alcohol beverages for the privilege of selling those beverages and not upon the ownership of the product itself, the Louisiana Supreme Court held that the tax would indeed constitute an occupational license tax and was, therefore, a valid exercise of its authority to levy and collect taxes.

Regulation and Legislation

"80/20" Rule Under Scrutiny

DOL's so-called "80/20 rule" declares that tipped employees who spend more than 20 percent of their working hours on non-tipped duties cannot be paid the sub-minimum wage for those duties. Some states such as New York have implemented a similar or stricter regulation. Pending a ruling in Marsh v. J. Alexander's LLC, 882 F. 3d 777 (9th Cir. 2018) (en banc), which is reviewing a panel's ruling that the 80/20 rule is not entitled to deference because it has not gone through rulemaking, another lawsuit has been filed against DOL in the U.S. District Court for Western Texas, No. 1:18-cv-00567 that aims to stop DOL from enforcing the 80/20 rule. Meanwhile, two more district courts have denied defendants' requests for interlocutory appeal of plaintiffs' allegations that they required putative class members to spend more than 20 percent of their time performing non-tip-producing "side work" activities, meaning that the plaintiffs will still need to defend these claims. Alverson v. BL Rest. Operations, LLC, No. 5-16-cv-00849, 2018 WL 1618341 (W.D. Tex. April 3, 2018); Nelson v. Firebirds of Overland Park, LLC, No. 17-2237, 2018 WL 3818915 (D. Kan. Aug. 10, 2018).

Labeling of Food Sold in Glass-Front Vending Machines to Be Revised

The U.S. Food and Drug Administration (FDA) proposes to revise the type size labeling requirements for front of package calorie declarations for packaged food sold from glass-front vending machines. Comments on the proposed rule are due by Sept. 25, 2018.

Drive-By Lawsuits Lead to ADA Reform Proposals

H.R. 620 proposes to reform the Americans with Disabilities Act (ADA) to minimize so-called drive-by lawsuits by requiring a person asserting an ADA claim to give notice to the business specific enough to identify the barrier and allege that the owners or operators failed to remove or make substantial progress remediating the barrier. It passed the U.S. House of Representatives in February and is pending in the U.S. Senate. Similar bills are pending in some state legislatures such as in Texas (SB 827/HB 1463).

The Last (Plastic) Straw?

Efforts to minimize or prevent use of plastic straws and utensils are gaining momentum. For example, a measure that passed the California Assembly would prohibit restaurants from providing single-use plastic straws unless requested by a customer. In New York City, Mayor Bill de Blasio's administration strongly supports a bill that would ban plastic straws in the city. Many cities already ban plastic straws and/or utensils, such as Seattle, Wash.; Malibu, Calif.; Oakland, Calif.; Santa Barbara, Calif.; Fort Myers Beach, Fla.; and Delray Beach, Fla.

Dietary Fiber Expansion Proposed

The FDA recently issued guidance identifying additional isolated or synthetic non-digestible carbohydrates that it intends to propose, adding to the list of those that meet the regulatory definition of "dietary fiber" contained in 21 CFR §101.9(c)(6)(i).

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.

© Holland & Knight LLP | Attorney Advertising

Written by:

Holland & Knight LLP
Contact
more
less

Holland & Knight LLP on:

Readers' Choice 2017
Reporters on Deadline

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide

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