Government Contracts Legislative and Regulatory Update



Our February edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of January.

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).


Section 809 Panel Releases Final Report

On January 15, the Section 809 Panel (i.e., the independent commission charged by Congress with “streamlining and improving the efficiency and effectiveness of the defense acquisition process”) (the “Panel”) released its last of a three-volume report recommending broad and fundamental change to the Department of Defense’s (“DoD”) acquisition strategy.  The full report has been in the making since November 2015 and, in the assessment of one of its authors, is nothing short of “revolutionary.”1

This final installment (Volume Three) is comprised of over 1,100 pages, 7 appendices, and 2 parts, and it articulates 58 discrete recommendations for improvement of the DoD acquisition process.  The hallmark of the Panel’s recommendations is its reinvention of the industry’s current structure.  Rather than a single divide between commercial and non-commercial item product offerings, the Panel contemplates three fundamental product groupings, each based upon the items’ relative availability in the marketplace.  Building upon its idea of the “Dynamic Marketplace” introduced last year in Volume 1, the Panel would divide products into readily available, readily available with customization, and defense-unique goods and services.  Application of pricing, contract, and policy terms would be driven by product grouping.  Furthermore, the Panel envisions a contract-management framework that focuses on enterprise-wide capability portfolios, rather than the program-driven model in use today.  The Panel’s full report and a copy of its summarized recommendations can be found here.  Below, are some of the Panel’s more notable recommendations:

  • Rec. 35: Replace commercial buying and the existing simplified acquisition procedures and thresholds with simplified readily available procedures for procuring readily available products and services and readily available products and services with customization.
  • Rec. 37: Implement a defensewide capability portfolio framework that provides an enterprise view of existing and planned capability, to ensure delivery of integrated and innovative solutions to meet strategic objectives.
  • Rec. 42: Reduce budgetary uncertainty, increase funding flexibility, and enhance the ability to effectively execute sustainment plans and address emergent sustainment requirements.
  • Rec. 44: Exempt DoD from Clinger–Cohen Act Provisions in Title 40.
  • Recs. 50–51: Enact regular appropriations bills on time, and mitigate the negative effect of continuing resolutions by allowing congressional regular appropriations to remain available for a standardized duration from date of enactment.
  • Rec. 64: Update socioeconomic laws to encourage purchasing from nontraditional suppliers by (a) adopting exceptions for DoD to domestic purchasing preference requirements for commercial products, and (b) adopting a public interest exception and procedures for the Berry Amendment identical to the ones that exist for the Buy American Act.
  • Rec. 67: Reduce potential bid protest processing time by eliminating the opportunity to file a protest with the [Court of Federal Claims (“COFC”)] after filing at the [Government Accountability Office (“GAO”)] and require the COFC to issue a decision within 100 days of ordering a procurement be delayed.
  • Rec. 68: Limit the jurisdiction of GAO and COFC to only those protests of procurements with a value that exceeds, or are expected to exceed, $75,000.
  • Rec. 73: Revise the definition of business system deficiencies to more closely align with generally accepted auditing standards.
  • Rec. 81: Clarify and expand the authority to use Other Transaction agreements for production.
  • Rec. 84: Direct DoD to communicate with the marketplace concerning acquisition from development of the need/requirement through contract closeout, final payment, and disposal.
  • Rec. 92: Minimize the flowdown of government-unique terms in commercial buying by implementing the Section 809 Panel’s Recommendation 2 [i.e., “[m]inimize government-unique terms applicable to commercial buying.”].

Some of the recommended changes DoD can implement itself, and some of the recommended changes Congress must enact.  Contractors should keep a watchful eye for indications from both DoD and Congress regarding whether the Panel recommendations will be implemented.

1 Jared Serbu, Fed. News Network, Section 809 Panel’s Final Report Prescribes “Revolutionary” Changes to DoD Buying (Jan. 15, 2019, 10:01 AM), (quoting Section 809 Panel commissioner, Charlie Williams). 

Increase in Minimum Wage for Contractors

In February 2014, President Obama signed Executive Order 13658 – Establishing a Minimum Wage for Contractors.  Pursuant to that Order, the U.S. Department of Labor issued notice in September 2018 that, beginning January 1, 2019, (a) the minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts would increase to $10.60 per hour, and (b) the required minimum cash wage for tipped employees performing work on or in connection with covered contracts will increase to $7.40 per hour.  (If a worker’s tips combined with the required cash wage do not equal the hourly minimum wage of $10.60, the contractor must increase the cash wage paid to make up the difference.)

Both wage rate increases took effect this month.  Contractors should review their payroll processes to ensure compliance with the wage change.  An updated poster (as required by 48 C.F.R. § 52.222-55(d)) can be found here.

Comment Period Extension for Proposed Revisions to Small Business HUBZone Program

Last October, the Small Business Administration (“SBA”) published a notice of proposed rulemaking to solicit comments on proposed comprehensive revisions to the regulations governing the Historically Underutilized Business Zone (“HUBZone”) Program.  Just before the New Year, on December 31, 2018, the SBA extended the comment period until February 14, 2019.

The proposed revisions are designed to improve the stability and predictability of HUBZone participation.  HUBZones often change at different times based on variable economic data.  Among other things, the proposed rules makes two notable suggestions.  First, the proposed rule would treat an individual as a HUBZone resident (for purposes of determining an employer’s Program eligibility) if that individual worked for the applicant firm and resided in a HUBZone at the time the firm was certified/recertified, even if the individual later moves or the area loses its HUBZone designation—the latter of which should be regarded as a Program success.  Second, acknowledging the sometimes transitory nature of both employees and HUBZone boundaries, the proposed rule would require only annual recertification rather than immediate recertification at the time of every offer for a HUBZone contract award.  This change is intended to reduce the burden on HUBZone small businesses by allowing a firm to remain eligible for future HUBZone contracts for an entire year, without requiring the firm to come into compliance with the 35% HUBZone residency requirement at the time of each offer submittal throughout the year.  See Small Business HUBZone Program: Government Contracting Programs, 83 Fed. Reg. 54812 (Oct. 31, 2018).

A copy of the proposed rule can be found here.

Missiles at the “Speed of Relevance”: The MDR’s Lofty Goals to Counter an Evolving Global Threat

Following more than a year of delay, the DoD finally made good on its delivery of the Congressionally mandated Missile Defense Review (“MDR”).  In his prefatory remarks, Acting Secretary of Defense Patrick Shanahan notes the “continuing proliferation” of offensive missile technology around the world and the “fleeting” nature of the country’s technological advantage.  To maintain its advantage, the Acting Secretary espouses DoD’s need for “capabilities with greater affordability at the speed of relevance.”

One of the most interesting features of the MDR is its discussion of DoD’s commitment to identify and evaluate a “possible space-based defensive layer” to the nation’s overall integrated missile defense system.  “The exploitation of space provides a missile defense posture that is more effective, resilient and adaptable to known and unanticipated threats,” the Review states.  The MDR highlighted the advantages of space-based assets, including sensor and boost-phase defense capabilities, over terrestrial-based assets.

Also important is the MDR’s explicit discussion of Chinese and Russian offensive missile and anti-satellite capabilities.  While the threats posed by Chinese and Russian missile capabilities have long been implied, the MDR clearly outlines the “imperative” for the U.S. to develop an effective response to these and other states’ emerging missile threats.

All of this suggests the need for DoD to “invest in advanced technologies” to meet the myriad and increasingly complex threats identified.  Particularly, the MDR advocates renewed “flexibility and adaptability” in the design, research, and acquisition of the next generation of missile defense systems.  The goal of such flexibility is to “prioritize speed” in the development, testing, and fielding of enhanced missile defense capabilities.  The review unequivocally stated:  “DoD cannot meet this goal by returning [the Missile Defense Agency] to the standard acquisition and requirements generation processes.”  Rather, the MDR embraced prototyping procedures “outside the standard acquisition process” and a “streamlin[ing]’” of the entire acquisition process.  Contractors operating in this space should be prepared to leverage less traditional procurement vehicles in pursuit of the MDR’s technological goals.


Shutdown showdown--Congressional negotiators race against the clock to avert another partial federal government shutdown

On January 25, President Trump signed into law a stopgap appropriations measure to fund through February 15 the nine (out of 15) federal departments shuttered during the record-breaking, 35-day partial government shutdown. (Several agencies, including the Departments of Defense, Energy, and Veterans Affairs, are fully funded through the remainder of Fiscal Year (FY) 2019). The short-term funding bill restarted the across-the-board operations of the federal government while allowing a 17-member group of House and Senate conferees time to negotiate a border security package to be included in broader FY19 Department of Homeland Security appropriations legislation. Conferees have emphasized their consensus agreement on the need to increase spending on technology and personnel to improve border security. However, President Trump’s requested $5.7 billion in funding for new construction of a physical border wall and a cap on U.S. Immigration and Customs Enforcement detention beds proposed by Democratic negotiators are the key sticking point in ongoing negotiations.

According to the US Chamber of Commerce, the partial government shutdown cost federal government contractors an estimated $2.3 billion. Moreover, completion of the Administration’s FY20 Budget Request was delayed because approximately 800,000 federal government employees, many of whom bear some responsibility in drafting components of the budget request, were furloughed during the five-week shutdown. The annual budget request, which is required to be submitted to Congress on the first Monday of February without any penalty for late submission, is not likely to be sent to Capitol Hill until early-to-mid March as a result of the government shutdown. This in turn has implications for the timing of FY20 budget posture hearings on Capitol Hill and Congressional consideration of key FY20 authorization and appropriations legislation, including the National Defense Authorization Act. Further, certain federal agencies impacted by the shutdown have been forced to postpone their issuance of proposed rules.

Because of these ripple effects, lawmakers have lamented that the shutdown has cast a long shadow. So Congressional Republicans are loath to shoulder responsibility for another government shutdown. As a result, Senate Majority Leader Mitch McConnell (R-KY) has all but instructed Senate Republican conferees, led by Senate Appropriations Committee Chairman Richard Shelby (R-AL), to ensure that a deal is reached by February 15 to avert another partial government shutdown. Nevertheless, President Trump has not ruled out another shutdown if any border security deal developed by the conference committee does not fund border wall construction. This could prove problematic, as recently re-anointed Speaker of the House Nancy Pelosi (D-CA ) announced on January 31 that House Democrats would not assent to any deal that provides funding for the new construction of any physical barriers at the southern border. However, Pelosi and key House Democratic leaders have since drawn a distinction between that position and potential support for fencing in designated areas and the repairing of existing car blockades.

Last week, conferees received a briefing from homeland security experts on the types of security measures and capabilities that should be deployed to better secure the southern border. Following this briefing and a visit to the southern border by some members of the conference committee, conferees were optimistic about the prospects for a deal. This was despite the Pentagon’s recent deployment of an additional 3,750 troops to the southern border, which brought the total number of US military personnel deployed to support the border security mission to 4,350 and further enflamed tensions between the Administration and House Democrats. However, Congressional negotiators missed a self-imposed February 8 deadline to produce a compromise border security package, which would have afforded both chambers ample time to take the procedural steps required before they can vote on final passage of any compromise measure.

As of this writing, the top four members of the conference committee (representing both chambers and both parties) are set to meet in an attempt to reconcile differences and produce a border security deal. Meanwhile, President Trump has tasked White House staff with the preparation of a national emergency declaration that would allow the President to circumvent Congress and use unobligated federal funds to build his long-sought border wall. Such a move would be met with immediate legal challenges that many Constitutional law experts believe would be successful. McConnell has reportedly cautioned the President against this approach, warning that many Senate Republicans oppose the move, in large part because they believe it would set a dangerous precedent that could be leveraged by a Democratic president during a contentious policy fight in the future.

If negotiations between the top four conference committee members break down without a border security funding deal, despite little to no political appetite on Capitol Hill for another impasse, the prospects for averting another partial government shutdown could be bleak unless the President were to declare a national emergency in the face of widespread opposition from Congressional Democrats and many lawmakers in his own party.


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.

© Dentons | Attorney Advertising

Written by:


Dentons on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

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

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

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

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

California Privacy Rights

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

You can make a request for this information by emailing us at or by writing to us at:

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide

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