France’s National Financial Prosecutor and Anti-Corruption Agency Issue Joint Guidelines on Corporate Settlement Mechanisms

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I. Introduction

On June 28, 2019, the French National Financial Prosecutor’s Office (Parquet National Financier)(“PNF”)1 and the French Anti-Corruption Agency (Agence Française Anticorruption)(“AFA”)2 published guidelines on the relatively new corporate settlement mechanism in France known as a Judicial Public Interest Agreement, or Convention Judiciaire d’Intérêt Public (“CJIP”). It marks the first time that the PNF and the AFA have issued joint guidelines on CJIP agreements. The new settlement mechanism was introduced into the French Criminal Code and Code of Criminal Procedure, respectively, when France reformed its anti-corruption framework in December 2016.3 The country’s new anti-corruption legislation, which is commonly referred to as Loi Sapin 2, or the “Sapin 2 Law” (named after Michel Sapin, France’s Minister of Economy and Finance at the time of the law’s passage), has caught the attention of companies and practitioners subject to the law. Indeed, French authorities have concluded several CJIPs with companies since the December 2016 reforms took effect. Since entering into the first-ever CJIP in December 2017, French authorities have concluded a handful of CJIPs with companies of various sizes, including one agreement with global penalties in excess of USD 1 billion. The PNF has quickly understood the importance of cooperating closely with its foreign partners—such as the United States Department of Justice—to further multijurisdictional enforcement measures and settlements. One of the most striking examples of its increased activity in enforcing foreign bribery can be seen in statistics recently shared by the PNF itself: In 2018, the PNF submitted 103 requests for mutual legal assistance and extradition to its foreign counterparts, a stark contrast with only fourteen such requests in 2014.4

The new joint PNF-AFA guidelines on CJIPs provide insight going forward for compliance officers, entities, and individuals subject to the enforcement actions by the PNF and the AFA.5 The two entities intend for the CJIP guidelines to “incentivize companies to adopt a cooperative approach with judicial authorities such as the AFA” and serve to provide predictability and legal certainty. Because CJIPs are discretionary and therefore not necessarily available in every situation, companies would do well to take a closer look at the joint PNF-AFA guidelines to become familiar with the factors and circumstances the PNF and AFA consider when determining whether and how to enter into CJIPs with companies.

In this alert, Ropes & Gray provides an overview of the guidelines’ substance and highlights important aspects that companies should be aware of when interfacing with French enforcement authorities for purposes of securing a CJIP.

II. CJIPs Generally

The CJIP is a first of its kind in the French legal system. Before the introduction of CJIPs in France, cooperation between French prosecutors and companies for the purpose of criminal settlements or plea agreements was non-existent in France. Under Article 41-1-2 of the French Code of Criminal Procedure (“FCCP”), CJIPs do not require an admission of liability or guilt by the company involved, nor do they have the legal effect of a final judgment or conviction.6 The existence of a CJIP also does not relieve natural persons who may have engaged in wrongdoing of administrative or criminal liability. The PNF may enter into CJIPs with companies accused of the following violations of the French Criminal Code (“FCC”):

  • Active corruption and trafficking in influence committed by a private individual (Articles 433-1 and 433-2 FCC, respectively);
  • Active corruption and trafficking in influence of a foreign public official (Articles 435-3 and 435-4 FCC, respectively);
  • Corrupt acts involving a member of a foreign judicial institution (Article 435-9 FCC);
  • Active and passive private corruption (Articles 445-1 and 445-2 FCC, respectively);
  • Active and passive corruption relating to sports (Articles 445-1 and 445-2 FCC, respectively); and,
  • Active corruption and active trafficking in influence of a member of a judicial institution (Article 434-9 FCC).

The following sanctions and penalties are available under CJIP:

  • Payment of a monetary fine to the government, which shall not exceed 30% of the company’s annual turnover (calculated based on the last three fiscal years and according to principle of proportionality);
  • The implementation of a compliance program to prevent and detect corruption, subject to monitoring by the AFA for a maximum period of three years; and
  • Payment of damages/restitution to victims of the relevant criminal conduct.

By agreeing to the terms of a CJIP, a company may avoid both hefty criminal penalties (maximum penalty of EUR 5 million) for violations of Article 17 of the Sapin 2 Law and possible administrative sanctions from the AFA’s Sanctions Commission. However, entering into a CJIP does not foreclose the ability of enforcement authorities to seek sanctions of a different nature, such as confiscation of criminal proceeds, closure of some company sites, and a prohibition on certain types of business activity.

III. Overview of PNF-AFA CJIP Guidelines

The PNF-AFA CJIP Guidelines cover the following areas: (1) conditions required to enter into a CJIP; (2) the determination of fines; (3) compliance programs; (4) international coordination; and (5) compliance with the French blocking statute.

a. Conditions Required to Enter into a CJIP

This section of the guidelines provides useful insight to companies regarding how to interact with the PNF when a company is seriously considering the possibility of entering into a CJIP. The guidelines state that while the PNF is the only entity able to propose a CJIP during a preliminary investigation, a company’s legal representative(s) should take the initiative of approaching the PNF and clearly state the desire of the company to enter into a CJIP. This stage involves talks (rather than written communications) regarding what each party might entertain as possible CJIP terms (e.g., specific criminal acts committed, amount of fines and methods of payment, duration of compliance program oversight, and compensation to be paid to victims).

i. Sufficient Evidence Collected During Investigation

The guidelines provide that before engaging in discussions with a company regarding a possible CJIP, the PNF must ensure that a sufficient amount of evidence has been collected during the investigation. The evidence gathered should provide a strong basis to support that a criminal act (defined in Article 41-1-2 of the FCCP) has been committed and that “if a CJIP is unsuccessful, the PNF would be able to bring a criminal action.” In doing so, the PNF’s investigation must have been sufficiently wide in scope so as to cover all relevant wrongdoing carried out by the company.

ii. Absence of Prior Convictions for Acts of Corruption and Trafficking in Influence

A company which has, either on its own or through its subsidiaries, been convicted for acts of corruption or trafficking in influence either in France or overseas may not be able to avail itself of the benefits of a CJIP. In making its determination, the PNF will also consider situations where a company was not convicted or did not admit guilt, such as having previously been party to a CJIP in France or to a foreign settlement agreement (e.g., deferred prosecution agreement in the United States or a leniency agreement in Brazil).

iii. Company Cooperation with PNF Investigation

In order to be eligible for a CJIP, a company must cooperate with the PNF’s investigation into the company’s alleged wrongdoing. According to the guidelines, the extent to which a company cooperates and the quality of its cooperation will be “decisive” factors in the PNF’s decision to halt criminal proceedings against the company and enter into a CJIP . French authorities will also take such cooperation into consideration later when determining the applicable fines the company will pay pursuant to the CJIP. Cooperation factors the PNF will be mindful of include the following:

  • Spontaneous Sharing of Evidence: A company that shares evidence or information with the PNF increases the likelihood that the PNF would consider a CJIP when determining an eventual fine. In making its assessment, the PNF considers the amount of time that has lapsed between the date on which the company became aware of the facts and when it shared the information with the PNF. The evidence or information shared should, to some extent, include facts of which the PNF was previously unaware.
  • Internal Investigation: Companies that wish to enter into a CJIP should conduct a proactive and comprehensive internal investigation and should make an effort to understand the compliance program gaps that enabled the relevant wrongdoing. The guidelines state that companies should share the results of the investigation with the PNF through a detailed report (including summaries of witness interviews carried out by the company).
  • Professional Secrecy: When a lawyer is in charge of carrying out the company’s internal investigation, the company is responsible for determining which documents should be shared with the PNF. If the company refuses to provide certain documents, the PNF will evaluate whether such a refusal is justified by the rules of professional secrecy and may also consider the effects that such disclosure would have for the company in foreign jurisdictions.
  • Confidentiality of Evidence Collected during Internal Investigation: Article 11 of the FCCP guarantees the confidentiality of evidence and information that a company shares with prosecutors during an investigation. In addition, Article 41-1-2 of the FCCP stipulates that if a judge does not approve a CJIP or if the company later retracts its desire to participate in the CJIP, the PNF may not use the evidence or information shared by the company against the company . However, because the decision to maintain confidentiality appears to be subject to some discretion and in light of the fact that there are few practical instances of how confidentiality is interpreted, including potentially sharing with other regulators, companies should be cautious when determining the types of information to share with enforcement authorities. Sharing this information also presents concerns where companies desire to maintain legal privilege over their investigation findings and analysis.

iv. Compensation to Victims

The guidelines provide that the PNF will consider favorably a company’s efforts to compensate victims of its wrongdoing before the conclusion of a CJIP. The PNF also invites victims to share information regarding the extent and scope of damages suffered as a result of the wrongdoing. However, the PNF is ultimately responsible for determining the amount of damages that the company pays to the victim. Nonetheless, victims may make submissions to the court during the CJIP hearing (where the settlement agreement is evaluated and approved by the judge), including presenting observations regarding the amount of damages proposed by the PNF. Victims who are dissatisfied with the level of compensation received may seek to recover remaining damages in civil proceedings.

b. Determining Fine Amounts under CJIPs

When determining the fine amount a company should pay pursuant to a CJIP, the PNF considers the financial advantage received by the company with regard to the contract or business activity connected to the corrupt acts. In this regard, the PNF expects the company in question to furnish documents of a financial and accounting nature that help shed light on the benefit or advantage the company expected to gain from the corrupt contract or business activity. The PNF considers not only the concrete financial gains received by the company but also gains in market share and increases in business visibility. Fines must be proportionate to the gravity of the alleged violations, and their purpose is two fold: they on one hand are focused on disgorging illicit profits received, and on the other, serve a punitive purpose by applying a calculated multiplier based on the factors listed in the chart below.

Aggravating Factors Mitigating Factors
Corrupt act involving public official Spontaneous sharing of information and evidence with PNF before the opening of a criminal investigation
Company falls under categories listed in Article 3(3) and Article 17 of the Sapin 2 Law (e.g., companies with more than 500 employees and with an annual turnover of at least EUR 100 million) Excellent cooperation with PNF and comprehensive and effective internal investigation
Company was previously sanctioned/convicted in France or abroad for corrupt acts Effective compliance program and implementation of remediation measures and internal changes within the organization
Company used corporate resources to conceal corrupt acts Spontaneous implementation of a compliance program by a company that is not under a legal obligation to do so
Repeated and/or systemic acts of corruption  

c. Compliance Programs

When considering whether to require the implementation of a compliance program pursuant to a CJIP, the PNF shall consult the AFA regarding program requirements and oversight measures. The PNF may consider compliance obligations related to the same conduct that foreign enforcement authorities have imposed on the company in question, as long as such requirements are similar or close to those provided in Article 41-1-2 of the FCCP.

The guidelines provide that a company whose compliance program implementation is undergoing monitoring and evaluation by the AFA pursuant to a CJIP shall be responsible for reimbursing the French government for said monitoring activity. Such costs will depend on the content and duration of the compliance oversight period (2-3 years), the extent and scope of the AFA’s evaluation, and the company’s operations (e.g., inter alia, nature and number of customers, interactions with government entities, number of subsidiaries, number of third-party intermediaries). A company’s failure to make timely payments for the costs incurred by the AFA may constitute a breach of the CJIP by the company, which would enable the PNF to institute criminal proceedings against the company.

d. International Coordination

When negotiating a CJIP with a company that allegedly engaged in wrongdoing, French authorities will seek to coordinate their response with foreign authorities investigating the same conduct. Such coordination includes exchanges between the French and foreign authorities regarding the fine amounts that the company would be expected to pay in each jurisdiction. For example, in a recent CJIP, authorities in the United States awarded the financial institution credit for fines it paid to the PNF. Learning from this, the PNF and AFA sought to introduce this principle (although in non-binding form) in their own guidelines. This section of the guidelines also provides that where the wrongdoing spans across different jurisdictions and the CJIP contains a compliance program requirement, one corporate compliance monitor is preferable. Lastly, the PNF, and not the AFA, shall serve as the relevant point of contact for international legal cooperation efforts (e.g., mutual legal assistance and extradition).

e. Compliance with French Blocking Statute

The guidelines also refer to the French blocking statute (Law No. 68-678 of 26 July 1968), which prohibits natural persons and legal persons from sharing information of an economic, commercial, industrial, financial or technical character with foreign authorities when doing so would affect or violate France’s essential economic interest. Such a prohibition applies in particular with regard to evidence gathering relating to foreign judicial or administrative proceedings. The French blocking statute provides exceptions to this prohibition when the sharing or exchange of information is provided by international treaty or agreement. The PNF-AFA guidelines allow a French company subject to a monitorship imposed by a foreign enforcement authority (e.g., USDOJ) to share information with said authority. The guidelines also recall that Article 3(5) of the Sapin 2 law vests the AFA with the authority to ensure that the sharing of such information with foreign authorities does not violate the French blocking statute (the AFA is also responsible for overseeing such sharing of information in the context of a CJIP concluded by the PNF and a foreign authority).

IV. Key Takeaways

While the joint PNF-AFA guidelines are a welcome development, they are imprecise in many parts and do not offer much new insight on the CJIP mechanism that was not already addressed in previous guidance or in the Sapin 2 law itself and its related legislation.

Nonetheless, there are some takeaways worth noting, which include the following:

  • Previous Guidance Regarding Anti-Corruption Compliance. These guidelines are part of a larger effort by the AFA and the PNF to disseminate guidance and insight into how French authorities investigate and prosecute acts of corruption and enforce France’s Sapin 2 Law. The guidelines came after other resources and instruments shared previously by the AFA and the PNF that companies subject to enforcement in France should consult and consider. Such documents include, among others: (i) AFA Recommendations for Legal Persons on the Prevention and Detection of Corruption;7 (ii) Ministry of Justice Circular on the Implementation of Certain Provisions of the Sapin 2 Law;8 (iii) AFA-PNF Cooperation Protocol;9 and (iv) Guidance on Implementing Whistleblower Protections under the Sapin 2 Law.10
  • Disclosure of Results of Internal Investigation. The guidelines provide that if a company wishes to be considered for a CJIP, a company must share the results of its internal investigation with the PNF through a detailed report (including summaries of witness interviews carried out by the company). The guidelines seek to reassure companies that in the event a CJIP is not agreed to or ultimately granted by the PNF or approved by the presiding judge, Article 41-1-2 of the FCCP stipulates that the PNF may not use the evidence or information shared by the company against the company. However, the guidelines are silent on whether the AFA may use such evidence in the context of administrative proceedings relating to the same conduct. Additionally, the PNF may use the information shared to initiate criminal proceedings against the individuals involved in the alleged misconduct or share the information with foreign enforcement authorities (e.g., USDOJ, UKSFO, etc.). Although the guidelines refer to a prohibition on the use of shared evidence described above in Article 41-1-2 of the FCCP, they also contain contradictory statements by stipulating that “all elements included in a company’s internal investigation report are not necessarily covered by legal privilege.” This creates confusion as to whether a company that voluntarily shares evidence would be able to assert legal privilege. Given uncertainties such as these, companies should be particularly prudent in such situations and carefully consider the likelihood of such risks before sharing sensitive information with French and foreign authorities .
  • Relationship between Corporate Compliance Monitor and AFA’s Post-CJIP Evaluation and Oversight Activity. The guidelines provide that where the PNF enters into a CJIP with a company stemming from conduct involving multiple jurisdictions, one corporate compliance monitor is preferable. Given the AFA’s heavy focus on monitoring and evaluating corporate implementation of anti-corruption compliance programs, a company agreeing to an independent corporate compliance monitor as part of a CJIP settlement is likely to face the heavy burden of meeting not only the monitor’s expectations and review requirements but also those of the AFA. This could prove to be an overwhelming undertaking and is something that companies subject to multijurisdictional enforcement with a French component should prepare for going forward.
  • Effect of French Blocking Statute Remains to Be Seen. Since its enactment fifty years ago, the French blocking statute has rarely, if at all, been enforced. However, this is likely to change given that the Sapin 2 Law explicitly charges the AFA with ensuring compliance with the blocking statute. Given the level of anti-corruption enforcement activity carried out by jurisdictions outside of France (e.g., the United States, the United Kingdom, Brazil, etc.), it would not be surprising to see the AFA target companies who violate the law by choosing to cooperate with foreign authorities (through voluntary disclosures, pre-trial discovery, etc.). What is more, recent proposed reforms to the statute would establish monumental criminal penalties for violations of the statute. For example, a report drafted by Raphaël Gauvain – a member of French Parliament tasked with proposing legislative reforms – recommended increasing applicable criminal sanctions from imprisonment of up to six months and/or a maximum penalty of EUR 18,000 to imprisonment of up to two years and maximum penalties of EUR 2 million and EUR 10 million, respectively, for individuals and companies.11 Companies may soon find themselves being forced to choose between complying with foreign anti-corruption authorities’ demands or violating French law. Because of this, companies should monitor current efforts in France to reform the antiquated piece of legislation.
  1. Created by Law No. 2013-1117 of 6 December 2013 (Law on the Fight against Financial Fraud and Serious Economic and Financial Acts), the National Financial Prosecutor’s Office (Parquet National Financier) (“PNF”) has jurisdiction to prosecute three types of offenses: (1) integrity offenses (corruption, trafficking in influence, embezzlement of public funds, etc.); (2) serious financial fraud, money laundering, and tax evasion; (3) offenses involving financial markets (insider trading, price/rate manipulation, sharing false/misleading information, etc.).
  2. The French Anti-Corruption Agency (Agence Française Anticorruption) (“AFA”) was established by France’s recently enacted (December 2016) Law No. 2016-1691 relating to Transparency, the Fight against Corruption, and Modernisation of Economic Life (Loi No. 2016-1691 du 9 décembre 2016 relative à la transparence, à la lutte contre la corruption et à la modernization de la vie économique) also known as the “Sapin 2 Law.” The AFA operates under the umbrella of France’s Ministers of Justice and of the Budget and is charged with assisting relevant authorities and officials in the prevention and detection of acts of corruption, trafficking in influence, graft, undue advantage, and embezzlement or misappropriation of public funds.
  3. The PNF is charged with enforcing provisions of the French Criminal Code (such as corruption, trafficking in influence, graft, and so forth). The AFA, on the other hand, is an administrative entity that is in charge of, among other activities, monitoring compliance with Article 17 of the Sapin 2 Law. As part of its oversight mandate, the AFA may submit violations of Article 17 to the AFA Sanctions Commission in order for it to initiate administrative proceedings into alleged misconduct relating to corruption that could result in administrative penalties and sanctions under the Sapin 2 Law.
  4. Parquet National Financier, Bilan et Activité 2018 du Parquet National Financier (January 2019), available athttps://www.tribunal-de-paris.justice.fr/sites/default/files/2019-01/PNF_synthese%202018.pdf; UNODC, Lessons Learned from Investigating Cases of Corruption involving Vast Quantities of Assets and Bringing Them to Justice(Presentation by PNF’s Deputy Prosecutor Noémie Davody), available athttps://www.unodc.org/documents/corruption/meetings/OsloEGM2019/Presentations/2_Noemie_Davody_France.pdf.
  5. The AFA imposes only sanctions that are administrative in nature, unlike the PNF, which is responsible for criminal enforcement. The AFA has a six-person Sanctions Commission, which receives reports of anti-corruption violations from the AFA Director. The Sanctions Commission presides over hearings that include the accused company or individual, agents of the AFA, and experts (from both the AFA and the accused). These hearing proceedings are public (and include testimony from the relevant AFA rapporteur and when necessary, the AFA director, followed by the accused party or its legal representative) and may result in the Sanctions Commission applying the following administrative penalties provided for in Articles 17.4 and 17.5 of the Sapin 2 Law: (i) issuance of an order to the company to adopt compliance measures and internal controls within less than a three-year period; and (ii) imposition of a monetary fine equal to or less than EUR 200,000 and EUR 1 million, for natural persons and legal persons, respectively.
  6. French Code of Criminal Procedure, Article 41-1-2(II).
  7. French Anti-Corruption Agency (Agence Française Anticorruption), Recommendations to Help Companies Prevent and Detect Corruption, Trafficking in Influence, Embezzlement of Public Funds, and Favoritism (December 2017) (Recommandations destinées à aider les personnes morales de droit public et de droit privé à prévenir et à détecter les faits de corruption, de trafic d’influence, de concussion, de prise illégale d’intérêt, de détournement de fonds publics et de favoritisme), available at https://www.agence-francaise-anticorruption.gouv.fr/fr/recommandations.
  8. French Ministry of Justice, Circulaire relative à la présentation et la mise en oeuvre des dispositions pénales prévues par la loi n°2016-1691 du 9 décembre 2016 relative à la transparence, à la lutte contre la corruption et à la modernisation de la vie économique, JUSD1802971C (31 January 2018), available athttp://circulaire.legifrance.gouv.fr/index.php?action=afficherCirculaire&hit=1&r=43109.
  9. Protocol agreement signed between AFA and PNF on 28 March 2018.
  10. French Anti-Corruption Agency (Agence Française Anticorruption), Charter in Support of Economic Actors (September 2018) (Charte d’appui aux acteur économiques), available at https://www.agence-francaise-anticorruption.gouv.fr/fr/lafa-lance-charte-dappui-aux-entreprises.
  11. James Thomas, Proposed Reforms to French Blocking Statute Would Still Leave Companies “Stuck Between Two Evils,” Global Investigations Review, 18 April 2019, available athttps://globalinvestigationsreview.com/article/1190325/proposed-reforms-to-french-blocking-statute-would-still-leave-companies-%E2%80%9Cstuck-between-two-evils%E2%80%9D.

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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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.