FTC v. Actavis: The Future of Pharmaceutical Patent Settlements After the Court’s Adoption of a “Rule of Reason” Framework

by Quinn Emanuel Urquhart & Sullivan, LLP
Contact

The recent Supreme Court decision in Federal Trade Commission v. Actavis was closely watched and anticipated because of the importance of patent litigation in the legal/regulatory scheme codified in the Hatch-Waxman amendments to the Federal Food Drug and Cosmetic Act. FTC v. Actavis, 133 S. Ct. 2223 (2013). On June 17, 2013 the United States Supreme Court reinstated the Federal Trade Commission’s complaint against pharmaceutical manufacturers which had entered into “reverse payment” settlements of patent infringement litigation where the brand name drug manufacturer had provided the potential generic competitors with economic benefits in return for the generic applicants’ agreement to hold their competitive products off the market for some time period prior to expiration of the patent. Due to provisions of the Hatch-Waxman amendments, which allow a generic drug manufacturer to challenge the validity of the patent to an already approved brand name drug, this type of settlement benefits both the brand name drug manufacturer and the generic manufacturer. The brand name drug manufacturer can continue to market and sell the drug without generic competition or fear of its patents being invalidated, while the generic manufacturer receives monetary compensation and an agreement as to the date on which it can enter the market prior to expiration of the patent. By reversing the lower court’s decision dismissing the FTC’s complaint, the Court rejected the position adopted by the Eleventh, Second, and Federal Circuits that economic arrangements between parties settling pharmaceutical patent litigation are generally not subject to antitrust scrutiny, even if they have anticompetitive effects, so long as the terms of the settlements stay within the “scope of the patent.” The Court, however, also declined to adopt the FTC’s longstanding position, adopted by the Third Circuit, that reverse payment settlements are presumptively unlawful. Instead, the Court instructed the lower courts to apply antitrust law’s longstanding “rule of reason” analysis to cases alleging violation of antitrust laws in instances of reverse payment settlements. Notably, and of significant concern to the industry and their legal teams, the Court left the details of how to apply the rule of reason to the nation’s trial and intermediate appellate courts to define.

Background
Solvay Pharmaceuticals is the owner of the regulatory approvals and patents covering the branded drug AndroGel®, a gel used in testosterone replacement therapy. Subsequently, Actavis, Inc. (then known as Watson Pharmaceuticals) and Paddock Laboratories separately filed abbreviated new drug applications (“ANDAs”) seeking FDA approval to market generic equivalents of AndroGel®. The Hatch-Waxman Act requires the generic manufacturers to assure that the generic will not infringe the branded drug patents. Both generic manufacturers certified under Paragraph IV of the Hatch-Waxman Act that Solvay’s patent “is invalid or will not be infringed” by the manufacture, use, or sale of their proposed generic alternatives. 21 U.S.C. § 355(j). By invoking Paragraph IV, the generic manufacturers essentially conceded patent infringement. Such a concession frequently results in litigation, as occurred here where Solvay then sued Actavis and Paddock for patent infringement. 35 U.S.C. § 271(e)(2)(A); FTC v. Actavis, 133 S. Ct. at 2228. Although the FDA subsequently cleared the Actavis product for marketing, Actavis did not launch its product into commerce. Instead, pursuant to the terms of a settlement reached in the patent litigations, Actavis, Paddock, and another competing drug manufacturer agreed not to bring their generic drugs onto the market until 65 months prior to expiration of the patent (unless someone else marketed a generic drug sooner) in return for Solvay agreeing, among other things, to provide the settling generic applicants with cash payments and a license to market and promote branded AndroGel® to doctors while they were bound not to launch their generic equivalents. Id. at 2229.

The Federal Trade Commission (“FTC”) filed suit against all parties to the settlement claiming a violation of Section 5 of the Federal Trade Commission Act based on an alleged unlawful agreement to abandon patent challenges, refrain from bringing the low-cost generic drugs to market, and share in Solvay’s monopoly profits. The District Court dismissed the complaint, finding that it did not set forth an antitrust violation. In re Androgel Antitrust Litigation (No. II), 687 F. Supp. 2d 1371, 1379 (N.D. Ga. 2010). The Eleventh Circuit affirmed that decision, noting that “absent sham litigation or fraud in obtaining the patent, a reverse payment settlement is immune from antitrust attack so long as its anticompetitive effects fall within the scope of the exclusionary potential of the patent.” FTC v. Watson Pharmaceuticals, Inc., 677 F.3d 1298, 1312 (2012). The Supreme Court granted the FTC’s petition for certiorari because of the split of authority between the Second, Eleventh, and Federal Circuits on the one hand which find these settlements generally permissible, and the Third Circuit which found such settlements to be generally impermissible. Compare In re Ciprofloxacin Hydrochloride Antitrust Litig., 544 F.3d 1323 (Fed. Cir. 2008) (settlements generally immune from antitrust attack); In re Tamoxifen Citrate Antitrust Litig., 466 F.3d 187 (2d Cir. 2006) (similar); with In re K-Dur Antitrust Litig., 686 F.3d 197, 214-218 (3d Cir. 2012) (settlements presumptively unlawful).

Majority Decision
In a 5-3 decision, (Justice Alito did not take part in consideration or decision of the case) the Court held that the Eleventh Circuit erred in dismissing the complaint, finding that although the anticompetitive effects of the reverse payment settlement may fall within the scope of Solvay’s patent, that fact does not immunize the agreement from antitrust liability. The Court noted that reverse payment settlements are unusual, because the plaintiff has paid the defendants millions of dollars even though they had no monetary claim against the plaintiff, and noted its concern that these forms of settlements may have an adverse effect on competition. FTC v. Actavis, 133 S. Ct. at 2231. Accordingly, the Court found that “it would be incongruous to determine antitrust legality by measuring the settlement’s anticompetitive effects solely against patent law policy, rather than by measuring them against precompetitive antitrust policies as well.” Id. The Court also declined to adopt the FTC’s position that reverse payment settlements are presumptively unlawful under a “quick look” approach. Instead, the Court indicated that a “rule of reason” approach should be applied to determine the legality of a reverse payment settlement. The Court did not elaborate on how this rule of reason should be applied to these types of antitrust lawsuits, instead leaving the structuring of rule of reason antitrust lawsuits to the lower courts. Id. at 2237.

The main concerns addressed by the majority opinion were the general legal policy favoring settlement of disputes and the related concern that antitrust scrutiny of reverse payment settlements would require time-consuming and costly litigation regarding the underlying validity of the patent. The Court laid out five sets of considerations leading to its decision that the FTC should be entitled to prove its antitrust claim. First, the specific restraint at issue has the “potential for genuine adverse effects on competition.” Id. at 2234-35. The Court reasoned that payments to keep a competitor out of the market allow the patentee to set market prices and divide the profits between the patentee and the challenger rather than allowing the consumer to benefit from lower prices. “Second, these anticompetitive consequences will at least sometimes prove unjustified;” therefore, the mere possibility that a settlement did not have anticompetitive effects does not justify outright dismissal of the lawsuit. Id. at 2235-36. “Third, where a reverse payment settlement threatens to work unjustified anticompetitive harm, the patentee likely has the power to bring about that harm in practice.” Specifically, the Court noted that the “size of the payment from a branded drug manufacturer to a prospective generic is itself a strong indicator of power.” Id. at 2236. “Fourth, an antitrust action is likely to prove more feasible administratively than the Eleventh Circuit believed.” The Court opined that on most occasions the lower courts would not have to consider whether the patent was valid because “[a]n unexplained large reverse payment itself would normally suggest that the patentee has serious doubts about the patent’s survival.” Id. at 2236-37. “Fifth, the fact that a large, unjustified reverse payment risks antitrust liability does not prevent litigating parties from settling their lawsuits” because the parties may settle in other ways, including by allowing the generic manufacturer to enter the patentee’s market before the patent expires without paying the challenger to stay out prior to that point. Id. at 2237. The Court concluded that the five considerations taken as a whole outweighed the interest in promoting settlements.

Dissent
Chief Justice Roberts dissented from the majority opinion, joined by Justices Scalia and Thomas. The dissenting justices would have adopted the “scope of the patent” test, which would not subject a settlement to antitrust scrutiny if it was within the scope of the patent (in other words, would not extend the life of the patent in time or extend its scope to cover non-infringing variants) unless: (1) there was sham litigation; or (2) the patent was obtained through fraud on the Patent and Trademark Office. FTC v. Actavis, 133 S. Ct. 2223 (2013) (Roberts, C.J., dissenting). The dissent argued that applying the “amorphous” rule of reason to anticompetitive effects was without statutory support and would discourage settlement of patent litigation, which the dissent notes is particularly complex and costly. Id. at 2238, 2243-44. The dissent viewed the majority’s conclusion that parties will still be able to settle because they can negotiate for earlier entry into the market as unsupported and unconvincing, claiming that “parties are more likely to settle when they have a broader set of valuable things to trade.” Id. at 2247.

The dissent also took issue with the majority assumption that courts will not be required to undertake a detailed analysis of the validity of the patent because large payments generally indicate a patent owner’s doubt about the validity. The dissent noted that a party that is 95% sure that its patent is valid might pay a large sum of money to settle a lawsuit if the party is particularly risk averse. Id. at 2244-45.

Structuring Settlements Between Brand and Generic Drug Manufacturers After FTC v. Actavis
Although the Court largely defers to the lower courts in the application of the rule of reason to any alleged anticompetitive effects of a settlement, it does provide some guidance regarding which types of settlements are likely to be upheld. For example, in addressing concerns that the failure to adopt the scope of the patent rule will prevent parties from settling their lawsuits, the Court states that parties can “as in other industries, settle in other ways, for example, by allowing the generic manufacturer to enter the patentee’s market prior to the patent’s expiration, without the patentee paying the challenger to stay out prior to that point.” FTC v. Actavis, 133 S. Ct. at 2237.

The Court seems particularly wary of large payments from a branded drug manufacturer to settle a lawsuit, indicating that Courts will be more suspicious on balance of larger settlements. For example, the Court states: “[a]t least, the ‘size of the payment from a branded drug manufacturer to a prospective generic is itself a strong indicator of power’—namely, the power to charge prices higher than the competitive level.” Id. at 2236. Moreover, “[a]n unexplained large reverse payment itself would normally suggest that the patentee has serious doubts about the patent’s survival.” Id. This same sentiment is expressed throughout the decision: “[i]n a word, the size of the unexplained reverse payment can provide a workable surrogate for a patent’s weakness, all without forcing a court to conduct a detailed exploration of the validity of the patent itself.” Id. at 2236-37.

Notably the Court does not describe what constitutes a “large” payment. However, the Court did express skepticism over the size of the payments in the Actavis case—$12 million to Paddock, $60 million to Par, and an estimated $19-$30 million annually to Actavis for nine years. The Court states that “[t]he rationale behind a payment of this size cannot in every case be supported by traditional settlement considerations. The payment may instead provide strong evidence that the patentee seeks to induce the generic challenger to abandon its claim with a share of its monopoly profits that would otherwise be lost in the competitive market.” Id. at 2235.

The Court does acknowledge that there are legitimate reasons why companies may prefer to structure a reverse payment settlement. However, it notes that “if the basic reason is a desire to maintain and to share patent-generated monopoly profits, then, in the absence of some other justification, the antitrust laws are likely to forbid the arrangement.” Id. at 2237. Therefore, while the Court does not provide significant guidance about how to structure a settlement that is likely to withstand a lawsuit, reverse payment settlements for large sums of money without significant and documented mitigating circumstances will more likely face greater scrutiny.

Victory for Whom?
Both sides praised the majority opinion as a victory for American consumers. FTC Chairwoman Edith Ramirez issued a press release lauding the decision as having “made it clear that pay-for-delay agreements between brand and generic drug companies are subject to antitrust scrutiny, and it has rejected the attempt by branded and generic companies to effectively immunize these agreements from the antitrust laws.” “Statement of FTC Chairwoman Edith Ramirez on the U.S. Supreme Court’s Decision in FTC v. Actavis, Inc.,” June 17, 2013, at http://www.ftc.gov/opa/2013/06/actavis.shtm. Actavis President and CEO Paul Bisaro stated: “We are pleased that the Court rejected the FTC’s proposed ‘quick look’ test, and did not rule that settlement agreements are presumptively unlawful. Rather, the Court has established that the ‘rule of reason’ be applied, and left it to the lower courts to determine if the benefits of the settlement outweigh harm to consumers.” “U.S. Supreme Court Reverses U.S. Court of Appeals Decision in FTC v. Actavis” June 17, 2013, at http://ir.actavis.com/phoenix.zhtml?c=65778&p=irol-newsArticle&ID=1830404.

These statements illustrate that both sides benefitted in some respect from the decision, though the exact bounds of the decision will remain unclear until these cases are litigated in the lower courts. In the interim, one thing is certain—by declining to adopt either side’s “bright line” test, the Supreme Court has guaranteed that branded companies who have invested hundreds of millions of dollars to develop their key franchises, and generic applicants seeking to gain early entry to those markets, will lack clear guidance on the proper paths to the settlement of patent disputes.

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.

© Quinn Emanuel Urquhart & Sullivan, LLP | Attorney Advertising

Written by:

Quinn Emanuel Urquhart & Sullivan, LLP
Contact
more
less

Quinn Emanuel Urquhart & Sullivan, 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.