Helms-Burton Comes to Life

Nelson Mullins Riley & Scarborough LLP

As has been widely reported in the world press, since May 2, 2019, Title III of the Helms-Burton Act, enacted in 1996, has been in effect.  As more fully described below, this statute allows certain persons who have done business with Cuba to be sued in US courts by plaintiffs who had an interest in Cuban property which was confiscated by the Castro regime and from which the defendant later benefitted.

As of this writing, there are four cases known to have been filed under this statute, all of them before the federal District Court for the Southern District of Florida, which sits in Miami. The first such case, filed on May 2, the very first day of eligibility for the filing of such cases, was brought against Carnival Cruise Lines, which in its Cuban cruises had allegedly used a dock and port which had been privately-owned before the Castro regime confiscated them. The second case was filed not long after as an attempted class action against Cuban state-owned entities that allegedly operate a hotel in Cienfuegos, Cuba. Shortly after there followed another case against the Swiss company Trivago, based on its having allegedly benefitted from helping to lease residential properties in Cuba. The fourth and final case thus far – though there will certainly be others filed in time – involves Société Générale as defendant, alleging that it has benefitted from working with a bank in Cuba that used to be privately-owned.

These four cases illustrate the potential breadth and scope of cases that may be brought under Title III of Helms-Burton. For those of you who have done business with Cuba or who are thinking of doing so, or who advise others who do so, what follows is a brief description of that statute to allow you to assess the potential risks involved.

I – Background

Not long after Cuba shot down two unarmed small airplanes in 1996 over international waters, killing four Cuban-Americans in the process, the U.S. Congress reacted strongly by enacting the Cuban Liberty and Democratic Solidarity Act, also known as the “Helms-Burton Act,” 22 U.S.C. Sections 6021-6091.

As briefly summarized below, Title III of that statute (22 U.S.C. 6081 et seq.) permits “United States nationals” to bring claims in federal district court relating to properties confiscated from them by the Cuban government, against those persons who have “trafficked” in those properties after their confiscation.  In addition, Title IV of the statute, which is briefly mentioned below, allows the Secretary of State to deny visas to, and to expel from the country, any person (other than a United States citizen) who the Secretary determines “traffics” in “confiscated property,” including any corporate officer, principal or controlling shareholder of an entity which has so “trafficked.”

It should be noted that the statute applies to any “trafficking” in “confiscated property” that not only may have occurred in the past or be occurring currently, but also to that which may occur in the future. Consequently, companies that do business in or with the United States and are planning to do Cuba-related business in the future should keep Title III in mind.

Title III of the statute had been in suspense since the Helms-Burton Act was enacted in 1996 because the statute allows Presidents to suspend it, six months at a time, and every President until recently had done so. However, earlier this year President Trump allowed Title III to go into effect, first against Cuban government-owned companies, and now against all persons who have “trafficked” in property confiscated by the Cuban government.

II – Scope of Title III

Of course, given the very early stage of the four cases referred to above, and since there has not previously been any relevant litigation, at this time we cannot know how the courts may interpret some of Title III’s less-clear provisions.  Therefore, what follows is based on the statutory language alone.

While Title III applies to any natural or legal person, including agencies or instrumentalities of foreign governments, among the most often-rumored targets for these claims are cruise lines, banks, shipping firms, liquor companies, hotel companies, automotive companies, tire companies, travel agencies/tourism companies, international commodities traders, and mining companies. 

When the Helms-Burton law was passed, because of the comprehensive US trade embargo virtually no US company was doing business in Cuba. Consequently, it was generally assumed that the targets of Title III lawsuits would be non-US companies that were not similarly restricted from doing business in Cuba.  However, over the years, some of the US sanctions against Cuba were loosened, and a significant number of US companies were permitted to engage in certain types of business in or with Cuba (for example, transportation, tourism, hospitality, agriculture and health care). Title III on its face allows claimants to bring actions against anyone who traffics in confiscated property.  While it may seem inappropriate to allow such lawsuits against US companies for activities that were authorized by the US Government, limiting lawsuits only against non-US companies could also contravene US commitments under some bilateral and multilateral trade treaties. 

For now, there is no indication that the Trump Administration intends to address this issue, so one is left only with the language of the statute. Nothing in that statute expressly excludes persons in the United States doing business in Cuba from being sued, and as already noted, the second Helms-Burton action brought was, in fact, brought against a US corporation, Carnival Cruise Lines. Nevertheless, given restrictions that have existed under US law on business with Cuba since 1996, some US persons who have done business with Cuba may be protected under one of two exemptions included in Helms-Burton: one for delivery of international telecommunications signals to Cuba, and another for transactions and uses of property incident to lawful travel to Cuba, to the extent necessary to the conduct of such travel. However, the terms used in those exemptions are somewhat vague and antiquated, so their scope remains to be decided by the courts.

Helms-Burton suits will most likely be brought by one of two different categories of “United States nationals.” The first category are persons (including entities organized under the laws of and with their principal place of business in the United States) who were US citizens when the confiscation occurred, and whose claims have been certified by the United States Foreign Claims Settlement Commission (FCSC). The second comprises persons who became US citizens after their properties were confiscated in Cuba – most likely, Cuban-American claimants – and whose claims have not been certified by the FCSC.  However, to prevent the shopping of claims, the statute does contain limitations on actions where the attempted claimants are assignees who have acquired the claims involved after March 12, 1996.

“Property” means any type of personal or real property, including intellectual property such as trademarks, patents or copyrights. To be sued, a company must have “trafficked” in the “confiscated property.” “Trafficking” is described extremely broadly to include among other things selling, purchasing, leasing, managing, using, improving, investing in or otherwise acquiring an interest in “confiscated property,” engaging in a commercial activity using or otherwise benefitting from such property, or causing, participating in or profiting from “trafficking” by or through another person, without the authorization of any “United States national” who holds a claim to the property.  As can be seen, the definition of “trafficking” allows claims against those who indirectly benefit from “confiscated property” through their commercial activities, and not just those who have a direct connection to the property. However, for "trafficking” to exist a person must have acted “knowingly and intentionally.” It is important to note that “knowingly” is defined to include not just actual knowledge, but also constructive knowledge – i.e., “having reason to know.”

No claim may be brought for less than U.S. $50,000, exclusive of interest, legal fees and costs. Residential property is also excluded from Title III, unless the claim was certified by the FCSC or is occupied by an official of the Cuban government or the Communist party.

For claims which have not been certified by the FCSC, before a “trafficker” can be sued the “United States national” intending to bring the action must provide at least 30 days’ prior written notice to the “trafficker” that it will be held liable for damages.  If the “trafficking” is then discontinued before the expiration of the 30-day period, no claim may be brought. This 30-day grace period does not apply to suits brought on claims which have been certified by the FCSC.  Nevertheless, since the "knowing" and "intentional" components of "trafficking" apply to all claims under Title III, even those certified by the FCSC, it may be advisable, even in the case of some certified claims, to provide some form of reasonable advance written notice to a defendant before filing suit.

There is also a unique and important statute of limitations for Title III claims: these claims may only be brought against persons who “trafficked” in the “confiscated property” within two years of the filing of the claim.  Consequently, persons who “traffic” in "confiscated property" cannot be sued successfully more than two years after the time their “trafficking” ceases.  Of course, any subsequent “trafficking” with the property would start the clock running again.

For many years, United States courts have sought to avoid becoming embroiled in disputes relating to foreign expropriations by employing the “act-of-state” doctrine. This doctrine in essence states that courts will not interfere in foreign policy matters by hearing claims (even if brought against non-sovereign defendants) which require judging actions taken by foreign governments within their own territory.  This doctrine, which is judicially created common law, purports to be grounded on deference by the Judiciary to Congress and the President in international matters.  However, Title III expressly eliminates the doctrine as an obstacle to rulings on the merits in actions brought under this statute.

Some of the defendants against whom claims could be brought will be foreign governments or their agencies and instrumentalities. In US courts, those defendants enjoy important “sovereign immunity” procedural rights and defenses under the federal Foreign Sovereign Immunities Act of 1978.  Nothing in Title III addresses whether those rights and defenses will also apply to claims against these types of defendants brought under Title III.

Lastly under Title III, there is the very critical issue of damages. To summarize, damages awarded can be as high as three times the higher of (1) the value of the property when confiscated, plus interest from the date the property was confiscated (and not from when the claimed “trafficking” began) and until the claim is brought, compounded annually, based on the weekly average 1-year Treasury bill over the entire timeframe; or (2) the current value of the property; plus in either case (1) or (2), legal fees and costs.  In cases involving certified claims, the value set by the FCSC will be presumed to be the value of the property to measure damages, unless there is clear and convincing evidence to the contrary as determined by the court.  

It should be noted that since most of the property at issue was confiscated in the 1960s, cumulative interest could represent a very significant amount.  Similarly, that the amount of any benefit that the defendant “trafficker” may have derived from the “confiscated property” is irrelevant to the damages calculation, so that even a small and financially unproductive amount of “trafficking” in such property could lead to very significant exposure.

III – Visa Denials under Title IV?

As noted earlier, Title IV of Helms-Burton mandates the denial of visas and the exclusion from the United States of foreign persons who, as determined by the State Department, traffic in confiscated property, including officers and controlling shareholders (and their families) of entities that traffic in confiscated property. Over the years this statute has rarely been applied by the US Government, and then only to a few companies that have been particularly active and visible developing or exploiting properties in Cuba that were known to have once been privately-owned. While claims under Title III may be a major headache, and will draw the bulk of the public attention at the outset, potentially equally important for many foreign companies is the possible denial of visas under Title IV for their corporate officers to reside in or visit the United States.  

The application of Title IV is entirely discretionary with the State Department, so it does not necessarily follow that being the object of a Title III law suit will also lead to visa problems under Title IV.  However, given the Trump Administration’s embrace of Title III after three prior Presidents had declined to let it enter into effect, the Cuban Government’s continued strong support for the Maduro regime in Venezuela, the recent repeated public references by the Trump Administration to a “troika of evil” consisting of Cuba, Venezuela and Nicaragua, and the importance of Florida with its large Cuban-American voting population in the upcoming 2020 Presidential election, the possibility cannot be discarded that claims brought under Title III could also lead to difficulties under Title IV.

IV – Reaction Overseas

Title III was suspended by successive US Presidents, both Democrat and Republican, for 23 years in large part because the European Union, Canada and other major US allies threatened retaliatory actions, including bringing an action before the World Trade Organization (WTO) to declare Title III invalid under the WTO Agreement. 

Not surprisingly, overseas reaction to the recent activation of Title II has been virtually uniformly negative. Among other things, both the European Union and Canada have signaled their intention to initiate a WTO action to defend their nations’ companies against Title III lawsuits. Moreover, a number of countries have “blocking” statutes which, in addition to prohibiting their companies from complying with US sanctions, also ban the enforcement of US judgments against their nationals, and in some cases allow counterclaims for damages to be filed in their courts against US Title III claimants. 

Cuba itself has publicly promised to indemnify persons who are found liable in Helms-Burton Title III actions, though thus far there have been few details made known on how this indemnity would work. 

For now, we would simply note that under US law, none of the foregoing will be a defense to, or suspend or subsequently invalidate, any claims that may have been brought in United States courts.  Further, Title III specifically provides that any future suspension of the statute itself will not affect any pending actions.  As a result, it is not clear how Title III defendants with assets (including accounts receivable) in the United States will be able to use any of the foregoing legal measures to avoid execution of a Title III judgement against those assets.

V – Conclusion

In conclusion, it is time for persons who have done business with Cuba in the recent past, or who plan to do so in the future, to assess the risks and opportunities posed by Title III of the Helms-Burton Act. For those who are potential defendants, this includes reviewing recent Cuba-related transactions, as well as those planned for the future, to determine the level of exposure involved; revisiting applicable contractual documentation to assure maximum protection; and considering what securities law disclosures may be in order.  

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.

© Nelson Mullins Riley & Scarborough LLP | Attorney Advertising

Written by:

Nelson Mullins Riley & Scarborough LLP
Contact
more
less

Nelson Mullins Riley & Scarborough LLP 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 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.