HHS Proposes Rule Challenging Drug Manufacturer Rebates to PBMs and Payors

by King & Spalding

The Proposed Rule Would Make Clear that the Anti-Kickback Statute’s Discount Safe Harbor Does Not Protect Manufacturer Rebates to PBMs or Payors, But Would Create New Safe Harbors for Rebates Passed Through to the Point-of-Sale and for Fixed Payments for PBM Services

On January 31, 2019, the U.S. Department of Health and Human Services (HHS or the Department) released a Proposed Rule that would modify the scope and reach of the federal Anti-Kickback Statute (AKS) discount safe harbor in an effort to eliminate many PBM rebates and reduce patient drug costs. The Proposed Rule, if adopted, could cause major changes to the current drug sale and distribution system.

The Proposed Rule is set to be published in the Federal Register on February 6th.  Comments will be due 60 days from publication in the Federal Register.  King & Spalding stands ready to assist its clients and friends in interpreting and reacting to the Proposed Rule.

The Proposed Rule would make explicit that the AKS discount safe harbor does not protect manufacturer rebates on prescription drugs paid to Medicare Part D plan sponsors, Medicaid managed care organizations (MCOs), or pharmacy benefit managers (PBMs) in the context of these government programs.  The Proposed Rule would create new safe harbors for certain point-of-sale price reductions on prescription drugs and for certain PBM service fees paid by manufacturers.

The proposed changes are part of President Trump’s larger “American Patients First” strategy for lowering prescription drug prices and out-of-pocket costs.  The Department’s position is that the current drug rebate system between manufacturers and Medicare Part D plan sponsors and Medicaid MCOs (and the PBMs that negotiate on their behalf) can lead to payments that are “disguised kickbacks,” misalign the priorities of stakeholders, and increase costs throughout the system (i.e., for both commercially and publicly insured patients).  The preamble to the Proposed Rule describes the perceived flaws in the current payment and rebate system, as well as in the application of the current discount safe harbor.  Among the goals of the Proposed Rule is to:

improve[] alignment of incentives among the[] parties that may curb list price increases, reduce financial burdens on beneficiaries, lower or increase Federal expenditures, improve transparency, and reduce the likelihood that rebates would serve to inappropriately induce business payable by Medicare Part D and Medicaid MCOs.

Proposed Revisions to the Discount Safe Harbor

The Secretary of HHS asserts that neither the statutory exception for discounts nor the discount safe harbor should apply to most rebates paid by drug manufacturers to PBMs or payors, including specifically Part D plans and Medicaid MCOs. To the extent these rebates are paid to or through PBMs to establish formulary position, HHS indicates that such payments should not be protected discounts.  The Department asserts that PBM rebates in these programs may contribute to drug prices increasing at a faster rate, encourage PBMs to favor higher-cost drugs over lower cost drugs, and discourage the adoption of lower-cost brand drugs and biosimilars. HHS suggests that the result of these effects is a higher price paid by patients and the government.

To combat these effects and make clear that these discounts are not safe harbor protected, HHS proposes to amend the existing AKS regulatory discount safe harbor to exclude from the definition of a “discount” (and therefore make clear the lack of safe harbor protection) price reductions on prescription drugs from manufacturers to plan sponsors under Medicare Part D or Medicaid MCOs, either directly or through PBMs, unless the price reduction is required by law (e.g., rebates under the Medicaid Drug Rebate Program).  The Proposed Rule defines “plan sponsor under Medicare Part D” to include the sponsor of a prescription drug plan as well as a Medicare Advantage organization offering a Medicare Advantage prescription drug plan. 

The Department seeks comments on proposed definitions of the terms “manufacturer,” “wholesaler,” “distributor,” “pharmacy benefit manager” or “PBM,” and “prescription pharmaceutical product” for purposes of the discount safe harbor.  These definitions would also be used in the two proposed new safe harbors discussed below.

The impact of this proposed change on manufacturer rebates offered to commercial health plans – either directly or through PBMs – is not yet clear.  On one hand, HHS notes that it does not intend for the proposed change to impact discounts to parties other than Medicare Part D plan sponsors, Medicaid MCOs, and the PBMs that negotiate on their behalf.  For example, the Department specifically states that it intends the discount safe harbor to continue to protect price reductions to “other entities, including, but not limited to, wholesalers, hospitals, physicians, pharmacies, and third-party payors in other Federal health care programs.”  On the other hand, the preamble also states:

nothing in this proposed rule changes the discount safe harbor’s provision that excludes from protection price reductions offered to one payor but not to Medicare or Medicaid, particularly when such discounts serve as inducements for the purchase of federally reimbursable products.  OIG has a long-standing concern about arrangements under which parties ‘carve out’ referrals of Federal health care program beneficiaries or business generated by Federal health care programs from otherwise questionable financial arrangements.  Such arrangements implicate, and may violate, the anti-kickback statute by disguising remuneration for Federal health care program business through the payment of amounts purportedly related to non-Federal health care program business.  This concern would extend to certain pharmaceutical rebate arrangements.” 

Thus, while it does not appear to be the Department’s intent to expressly prohibit rebates to commercial plans, there is an indication that such arrangements could be subject to scrutiny under the AKS, irrespective of the currently proposed changes.  Specifically, to the extent that rebates furnished to PBMs and/or payors relating to commercial plans and formularies would also be intended to influence plan decisions and formularies with respect to Medicare Part D plans or Medicaid MCO plans administered by the same PBM/payor, the AKS could be implicated.

In an attempt to give impacted parties time to revise agreements, HHS proposed that this change, if made final, would not take effect until January 1, 2020.  The Department seeks comment on whether that timing would be sufficient.

Proposed New Safe Harbor for Point-of-Sale Price Reductions

The Proposed Rule also would create new AKS protections for certain price reductions designed to benefit the patient, not the PBM or health plan.  Specifically, HHS proposes to create a new safe harbor to protect point-of-sale price reductions from manufacturers on certain prescription drugs that are payable under Medicare Part D or by Medicaid MCOs that meet the following criteria:

  • The price reduction is set in advance with the plan sponsor under Medicare Part D, a Medicaid MCO, or a PBM – meaning that the price reduction is effective at the time of the initial purchase (e., the first purchase of the product at the reduced price by the plan sponsor or Medicaid MCO on behalf of an enrollee).
  • The price reduction cannot include a rebate (as defined in the discount safe harbor), unless the full value of the price reduction is provided to the dispensing pharmacy through a chargeback or a series of chargebacks, or the rebate is required by law. The Proposed Rule defines a “chargeback” as “a payment made directly or indirectly by a manufacturer to a dispensing pharmacy so that the total payment to the pharmacy for the prescription pharmaceutical product is at least equal to the price agreed upon in writing between the Plan Sponsor under Part D, the Medicaid MCO, or a PBM acting under contract with either, and the manufacturer of the prescription pharmaceutical product.”  The Agency’s use of “chargeback” in this context is puzzling.  Industry understands a chargeback to be a true up payment from a manufacturer to a wholesaler in the context of a discounted indirect sale.  The Agency appears to be using “chargeback” to avoid using the term “rebate”, which is what a utilization-based payment like this really is.  It would be inefficient for pharmacies to make indirect purchases generating chargebacks at each beneficiary price that may be required at the counter, and simultaneously maintain segregated inventories to permit dispense based on the patient’s coverage position.  We believe what the Agency may be seeking is a “rebate” to the dispensing pharmacy to be paid on units dispensed out of common inventory, varying by coverage rules as presented by each patient.
  • The price reduction must be completely reflected in the price the pharmacy charges to the beneficiary at the point of sale.

The above conditions are meant to ensure that arrangements that “mimic rebates”, but that are referenced in other ways in agreements between a manufacturer, a plan sponsor under Medicare Part D, a Medicaid MCO, or a PBM (e.g., reductions in price that are not reflected in the price paid by the actual purchaser and/or service fees that are based on a percentage of a prescription pharmaceutical product’s list price), do not receive AKS safe harbor protection. 

The proposed effective date for the new safe harbor would be 60 days after publication of a final rule.

Proposed New Safe Harbor for PBM Services for Manufacturers

The Department also proposes a new AKS safe harbor to protect fixed fee payments from manufacturers to PBMs for services rendered to the manufacturers (or for the manufacturers’ benefit) when certain conditions are met.  The conditions of the proposed safe harbor include:

  • A written agreement between the manufacturer and the PBM that:
    • Covers all of the services the PBM provides to the manufacturer in connection with the PBM’s arrangements with health plans for the term of the agreement, and
    • Specifies each of the services to be provided by the PBM and the compensation for such services.
  • The compensation paid to the PBM must:
    • Be consistent with fair market value in an arm’s-length transaction;
    • Be a fixed payment, not based on a percentage of sales; and
    • Not be determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties, or between the manufacturer and the PBM’s health plans, for which payment may be made in whole or in part under Medicare, Medicaid, or other Federal health care programs.
  • The PBM must disclose in writing to each health plan with which it contracts at least annually, and to the Secretary of HHS upon request, the services it rendered to each pharmaceutical manufacturer that are related to the PBM’s arrangements with that health plan and the associated costs for such services.

HHS specifically chose not to create a definition for “pharmacy benefit management services” but provided some examples, including “contracting with a network of pharmacies; establishing payment levels for network pharmacies; negotiating rebate arrangements; developing and managing formularies, preferred drug lists, and prior authorization programs; performing drug utilization review; and operating disease management programs.”

Manufacturers should note that the test for this PBM services safe harbor is different from the bona fide service fee test employed for government price reporting which utilizes different criteria.  Qualification for the safe harbor does not mean that a PBM fee is a bona fide service fee, or vice versa.

The protection of the proposed safe harbor is limited to payment for services the PBM provides to the manufacturer and does not extend to services for health plans.  The Department noted, however, that the safe harbor would not preempt contractual terms between a PBM and a health plan that limits or delineates the PBM’s use of the health plan’s data. 

We note that, unlike the other proposed new safe harbor above, the Department did not specifically state when this proposed safe harbor would take effect.  It is most likely, however, that the two new safe harbors would become effective at the same time – 60 days after the publication of a final rule in the Federal Register.

Practical Implications

HHS recognizes that the impact of the Proposed Rule is “difficult to accurately quantify ... due to the complexity and uncertainty of stakeholder response,” but believes that the Proposed Rule could prompt manufacturers to lower “sticker prices” or slow drug price increases.  The reality is likely significantly more complicated.

Critics argue that eliminating these types of rebates could result in higher costs for patients.  Rebates to Part D sponsors are generally used to help lower patient premiums, and without such rebates the premiums will likely rise.  The Department feels that these increased costs will be offset by savings realized on drug prices, but HHS acknowledges that the true impact will vary and will depend upon whether manufacturers reduce list prices for their drugs, and that some patients will likely bear higher overall costs. Those beneficiaries currently paying more in drug costs are likely to benefit most from the proposed changes.

Importantly, the Department highlights that the Proposed Rule is not intended to impact the application of any other AKS safe harbors on relationships between manufacturers, Medicare Part D plan sponsors, Medicaid MCOs, or PBMs, meaning these entities can still structure arrangements that fit within one of the other safe harbors and receive protection (e.g., the personal services safe harbor or the group purchasing organizations safe harbor).  Nonetheless, at the same time HHS is also signaling the potential for new and increased scrutiny of such arrangements, if they may also have an impact on federal health care programs.

If the proposal were finalized, at a minimum, it would require revisions to thousands of existing PBM and payor rebate arrangements relating to drugs reimbursed by Medicare Part D and Medicaid MCOs.  There is no assurance, however, that any of these market changes will bring lower prices.  Accordingly, the primary objective of the Department appears to be to foster greater transparency in the discounting process applicable to Medicare Part D and Medicaid MCOs.

The Department does not propose to alter manufacturer obligations relating to Medicaid prescription drug rebates, including requirements regarding best price, additional “inflation penalty” rebate amounts, or the treatment of state supplemental rebates. Interestingly, the Proposed Rule suggests that PBM rates are currently excluded from Best Price.  In our experience, many manufacturers consider PBM rates to “affect the price at the … provider level” and therefore already include them in Best Price.  42 C.F.R. §447.505(c)(17).  We expect this disconnect will be explored in the comments to the Proposed Rule.     

*           *           *           *           *

Throughout the Proposed Rule, HHS identified areas in which it is specifically seeking public comments.  These topics range from the impact of the proposals to potential loopholes that the Department did not yet identify to definitions of key terms in the proposed regulation.  Comments on the Proposed Rule will be due 60 days after the Proposed Rule’s publication in the Federal Register on February 6, 2019.

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.

© King & Spalding | Attorney Advertising

Written by:

King & Spalding

King & Spalding 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.