Immigration Considerations for Financial Services and Insurance Employers

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Faegre Baker Daniels

Financial services and insurance companies of all sizes require innovative immigration strategies and support to remain competitive in the global marketplace. From moving business leaders around the world to onboarding talent with cutting-edge data analytics capabilities, understanding key visa processes and compliance is essential.

This primer provides an overview of several employment and immigration compliance topics affecting the financial services and insurance industries operating in the U.S.

Employment-Related Compliance Considerations for the Financial Services and Insurance Industries

Hiring in the U.S.

Companies of all sizes in the financial services and insurance industries must consider appropriate ways to ensure compliance with antidiscrimination laws in the hiring process, specifically as it relates to immigration and visas. This section will focus on ways employers can proactively mitigate risk to their enterprise and prevent mistakes.

Hiring

From an employer’s perspective, hiring the most qualified employees is critical to growing the business and sustaining that growth, as well as pursuing new areas of innovation. During interviews, employers may be eager to identify key skills and attributes to ascertain “fit.” Interviewing, though, can present a minefield of employment discrimination challenges. In addition to questions that run afoul of various federal and state antidiscrimination provisions, or questions that may violate the growing number of state and local laws prohibiting asking applicants about their criminal or pay histories, questions that focus on nationality or immigration status are similarly fraught.

According to the Department of Justice’s Immigrant and Employee Rights section, employers may ask the following two questions on job applications and during interviews (and should ask these questions uniformly of all applicants, regardless of citizenship):

  1. Are you legally authorized to work in the United States?
  2. Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?

Work authorization and immigration questions beyond these two questions run the risk of violating the antidiscrimination provisions of the Immigration and Nationality Act. Employers should seek experienced counsel if sponsorship or other work authorization issues arise during an interview or other hiring conversation.

Employers with more experience in sponsoring employees for visas and navigating these types of hiring questions may want to evaluate their business strategy as it relates to sponsorship and proactively address immigration-related trends affecting applicants. This is an ever-evolving area — immigration counsel can partner closely with employers to help develop strategies that support business units and hiring managers in meeting talent needs while also monitoring costs and risk.

Work Authorization and I-9 Compliance

The two questions mentioned above are applicable in the interviewing context. Once an individual has accepted an offer of employment, an employer must verify her identity and U.S. work authorization. All U.S. employers have the obligation to confirm the work authorization and identity of all employees hired after November 6, 1986, by properly completing and retaining Form I-9. If an employee is working for pay in the U.S. and was hired after November 6, 1986, employers are required by law to retain a Form I-9 on file for that employee. Note that employers do not need to retain Form I-9 for contractors or international business visitors.

All U.S. employers have three primary obligations when completing a Form I-9 (for any employee, not just employees who are not U.S. citizens or permanent residents):

  1. Ensure that the I-9 is completed accurately and thoroughly, including ensuring that the employee properly completed Section 1.
  2. Ensure that the documents presented by the employee relate to that employee.
  3. Ensure that the documents look reasonably genuine on their face.

In many cases, completing the Form I-9 is a straightforward process. Even sophisticated employers can get tripped up, however, when employees present expiring work authorization documents or documents that have unique auto-extension rules (like some Employment Authorization Cards for beneficiaries of Temporary Protected Status (TPS), discussed below, and others). Failure to retain an accurate, up-to-date and verified Form I-9 on file for every employee can be very costly in the event of an audit. Since January 2018, ICE has issued more than 5,200 Notices of Inspection to employers to audit Forms I-9. As of June 2019, ICE was involved in more than 4,000 other worksite investigations, many of which involve inspection of employers’ Forms I-9.

Financial services and insurance employers, especially those with remote workers, hourly employees or employees with temporary work authorization, can face steep fines for failure to follow I-9 regulations. Ensuring that the person or team responsible for completing I-9s completes regular I-9 training and has access to outside counsel for questions is critical to I-9 compliance. Even the most established financial services and insurance employers face challenges in complying with Form I-9 rules. Employers must not rely on a sophisticated electronic I-9 system to solve compliance challenges — the human factor in reviewing and completing I-9s can never be completely automated. Ongoing training, self-audits and staying up-to-date with Form I-9 (and, where applicable, E-Verify) rules are essential for compliance.

Organizations of all sizes need to be aware of the compliance issues affecting the entire workforce, particularly hourly workers. Some employees work pursuant to work authorization that is granted to them because of their status as refugees or asylees or because the government has granted them Temporary Protected Status (TPS) because their home countries have experienced a devastating natural disaster or civil war. Employers do not need to file applications or petitions in order for these individuals to work for them. It is often at the onboarding stage when employees present documents in connection with Form I-9 that their work authorization comes to light.

Note that employers may not refuse employment to employees who present work authorization documents that have a future expiration date. Although employers are not required to sponsor employees for visas, an employer may not discriminate against an employee simply because her work authorization indicates that she is an alien authorized to work only until a certain date. In those instances, the employer must re-verify Form I-9 to reflect ongoing work authorization, but it may not refuse to hire or continue to employ such an individual.

Relevant Employment-Based Visa Categories

Employers in the financial services and insurance industry may also need to consider sponsoring employees for visas. Again, although sponsorship is not required, hiring and moving employees may require that employers pursue employment-based immigration options for candidates who are not already U.S. workers. Although business immigration can get complicated, employers should not be deterred from exploring visa categories that require the business to sponsor workers for U.S. visas. Flexibility on sponsorship will allow employers to hire the best employees for the job, including new graduates from U.S. universities who are international students, researchers, investment professionals, actuaries, accountants, financial analysts, business operations analysts, executives and others.

H-1B – Specialty Occupation

The H-1B visa is one of the most common professional visas for businesses that need to hire professional, qualified non-U.S. citizen talent. The H-1B visa classification is for specialty occupations, which means occupations that require: (1) theoretical and practical application of a body of highly specialized knowledge; and (2) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum requirement for entry into the occupation in the United States. The foreign national employee must meet the requirements for the position, including having a bachelor's degree or higher. The employer must also demonstrate that it is offering the prevailing wage for the occupation in the proposed labor market.

Business analysts, financial specialists, IT professionals, engineers, executives and other professional positions typically qualify as “specialty occupations” under the H-1B rules. Financial services and insurance companies of all sizes are often looking to hire new graduates, either straight out of an undergraduate or graduate program. If a recent graduate has been studying in the U.S. on a student visa, she often will have a period of work authorization after she graduates, but eventually, she will need to secure a longer-term work visa, and the H-1B is a popular choice for these employees.

One main challenge for employers seeking to apply for H-1B visas for employees is timing. A limited number of new H-1B visas are available each year, and because more H-1B petitions are filed than are available, employers must file submissions for new H-1B visas in the first five business days in April for an individual to begin working in H-1B status in October. In recent years, U.S. Citizenship and Immigration Services (USCIS) has imposed a random lottery on all the new petitions submitted in April as a method to fairly determine which petitions get reviewed since so many more are submitted than there are spots available under the H-1B “cap.”

The cap is a limit of 65,000 new H-1B visas per fiscal year and an additional 20,000 new H-1B visas per fiscal year for individuals who have graduated with a master’s degree or above from a U.S. university (for a total of 85,000). Some types of organizations and applicants are exempt from this cap, meaning they may submit new H-1B petitions at any time during the year, without concern for whether the H-1B cap limit has been reached. Generally speaking, most financial services and insurance companies are not exempt from the cap but should check with immigration counsel to confirm.

Note that if a candidate for a professional position is already working in the U.S. in H-1B status, the new employer may submit an H-1B petition on her behalf at any time, with no lottery. Foreign national employees have a maximum of six years of H-1B status available to them, although that maximum can be exceeded if the employee has begun the green card process. Where possible, employers seeking to hire individuals who already hold H-1B status should determine how many years of H-1B status remain so they can factor strategies regarding the timing of starting the green card process into the hiring decision.

Scrutiny on all H-1B petitions — both cap-subject and cap-exempt — has increased dramatically since 2017. Requests for Evidence (RFEs) and even denials have been issued by the immigration service at an unprecedented rate, causing processing delays and headaches for businesses that require H-1B visas for professional staff. As of June 2019, the RFE rate on all H-1B petitions (whether for first-time applicants or for third and fourth H-1B extensions), is above 60%.

TN – Mexican and Canadian Professionals

The TN is a visa option for Mexican and Canadian professionals in certain occupational categories that allows for U.S. work authorization on a fairly straightforward basis. For financial services and insurance employers, common TN occupational categories include Accountant, Computer Systems Analyst, Economist, Engineer, Mathematician (including Statistician), and, in some specific circumstances, Management Consultant.

There is no limit on the number of years one can work in TN status, although applicants may get further questioning from the immigration authorities when multiple extensions are file. There are no limits on the number of new TNs available in a given fiscal year.

To qualify in many of the professional TN categories, a Canadian or Mexican national must meet the following requirements:

  • Be a citizen of Mexico or Canada.
  • Hold a related baccalaureate degree or, in some cases, equivalent years of experience in the field.
  • Have a job offer from a U.S. employer.

Canadian citizens may apply for TN status at the U.S.-Canada border or airport pre-clearance/pre-flight station and are admitted in TN status without the need for a visa stamp in their passport. Alternatively, a U.S. employer may choose to file a TN petition on behalf of a Canadian citizen who is outside the U.S. with USCIS. Once the petition is approved, the Canadian citizen will present the approval notice and supporting documentation at a designated U.S. port of entry or pre-clearance/pre-flight inspection.

Mexican nationals apply for a TN visa at a U.S. embassy or consulate in Mexico, where a TN visa stamp is issued. Once the TN visa is issued, application for admission to the U.S. in TN status is made at the port of entry.

The initial period of stay in the U.S. in TN status is up to three years. Individuals who wish to remain in the U.S. beyond the initial three-year period must either file for an extension of stay with USCIS or depart from the U.S. and reapply for TN status using the same application procedures outlined above. TN extensions of stay are usually granted in three-year increments.

O-1 – Extraordinary Ability

For companies launching innovative products, in R&D or otherwise in a highly specialized industry, some non-U.S. citizen candidates may qualify for an O-1 visa, which is reserved for individuals of “Extraordinary Ability or Achievement.” This visa requires evidence that the candidate meets three of the eight categories below to be eligible:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
  • Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field.
  • Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought.
  • Original scientific, scholarly or business-related contributions of major significance in the field.
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought.
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence.
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought.
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

Individuals can hold O-1 status for an indefinite period of time, although extensions will need to be filed every three years.

The O-1 category may, on its face, appear to apply mostly to academics and researchers, but employers should be aware that the categories can apply to those who are at a high level in the business world as well. Creativity in this category can go a long way for financial professionals who are at the top of their field.

E-3 – Australian Professional

Australian citizen professionals who otherwise qualify under the H-1B standards described above may seek E-3 status. Although not used as frequently as the H-1B category, employers should keep the E-3 nonimmigrant visa category in mind for potential Australian hires.

H-1B1 – Chile and Singapore Professionals

Employees who are citizens of Chile and Singapore who otherwise qualify under the H-1B standards described above may seek H-1B1 status. Although infrequently used, employers should keep the H-1B1 category in mind for potential Chile and Singapore candidates.

F-1 – International Student

Most foreign students in the U.S. have F-1 student visas. F-1 students are allowed to work only in very narrow circumstances. F-1 students are generally allowed to work for one year after graduation in Optional Practical Training (OPT). They may work for any employer in OPT as long as the work is closely related to their field of study. For now, students in STEM fields may seek additional OPT work authorization for an additional 24 months if the employer uses the E-Verify employment verification system.

B-1 Visa - Business Travel

The B-1 visa is available to foreign nationals for temporary business visits to the U.S. The B-1 visa is available for business travel for a specific and limited period of time. Permissible business activities include, but are not limited to, consulting with business associates, participating in short-term training, attending professional conventions or conferences, or negotiating a contract. The maximum amount of time permitted in B-1 status on any one trip is one year. The B-1 visitor is prohibited from engaging in any hands-on, productive work. Individuals from certain countries may be eligible to enter the U.S. without a visa. In recent years, B-1 business visitors have come under scrutiny when seeking admission to the U.S. Customs and Border Protection. Officials are now seeking additional information to demonstrate that the nature of the business visitor’s visit complies with B-1 rules and may request meeting agendas, calendar appointments, and other evidence to prove the reason for the visit.

U.S. Businesses Established by Foreign Nationals

Much of what is discussed above applies to any U.S. business in the financial services and insurance industries. There are several additional visa considerations that apply to companies with subsidiaries or affiliates outside the U.S.

Outside of U.S., Looking to Establish Office in U.S.

As companies based in other countries expand markets and establish international sales and distribution, there may be a business need to establish an office located in the U.S. In addition to the typical business registration requirements, foreign entities sending employees to the U.S. to set up or support the new office need appropriate visas and work authorization.

L-1 Visa – Intracompany Transfer

The L-1 visa category is intended for individuals working in either a specialized knowledge or managerial/executive capacity abroad for at least 12 months in the previous three years to come to the U.S. to work for an affiliated entity in either a specialized knowledge or managerial/executive capacity. The L-1 worker must have an employer-employee relationship with the U.S. entity and cannot be self-employed (but can be the sole shareholder of the U.S. entity). USCIS has issued specific guidance on how a new U.S. affiliate office that has not yet established proof of extensive business activity can employ an L-1 manager or executive, which includes establishing sufficient office space, proving the employee’s one-year employment abroad, and providing details regarding the U.S. business that shows that, within a year, the U.S. business could support an executive or managerial position.

There are no numerical limits on L-1 visas. For L-1A managers and executives, the total period of authorized employment is seven years (three years of initial validity plus two two-year extensions). For L-1B workers, that total period of authorized employment is five years (three years of initial validity plus one two-year extension). Note that a “new office” petition only gives one year of validity, at the end of which the U.S. business must exhibit sufficient evidence that it is active and operating.

E-1/E-2 – Treaty Trader/Investor

For certain countries that have valid treaties of commerce or navigation with the U.S. (a list of which is available here), work authorization for an employee of a new U.S. entity can be established through preparing an E-1 or E-2 petition, submitting it to the relevant U.S. embassy, and securing a visa for an individual employee to establish a U.S. entity, develop U.S. business ties and otherwise work in the U.S. The E-1/E-2 employee must be coming to the U.S. to engage in substantial trade, principally between the U.S. and the treaty country, or to develop and direct the operations of a U.S. enterprise in which the employee has invested a substantial amount of capital.

For an E-1 (Treaty Trader) visa, the employee must be a citizen of the treaty country, the company abroad must be majority owned by nationals of the treaty country, there must be substantial trade (the volume of which depends on the type of industry/business), and the employee must be an essential employee, employed as a supervisor/executive, or possess highly specialized skills necessary to the efficient operation of the U.S. entity.

For an E-2 (Treaty Investor) visa, the employee of the U.S. entity must be a citizen of the treaty country, the company abroad must be majority owned by nationals of the treaty country, the investment must be substantial, with investment funds committed and irrevocable, and the committed funds must be sufficient to ensure the successful operation of the enterprise. For startups, the business plan is a critical piece of the petition and must forecast the expected growth of U.S. enterprise. The business enterprise must have possession and control of the funds (i.e., loans are not allowed), and the enterprise must result in more income than just to provide a living to the employee and his/her family. Finally, the E-2 visa holder must be coming to the U.S. to develop and direct the enterprise or must be considered an essential employee, employed in a supervisory, executive or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Other Immigration Considerations for Financial Services and Insurance Industry Employers

M&A and Impact of Corporate Deals on Work-Authorized Employees

 

Since most employment visas are tied to a company or entity, corporate deals that affect those entities can have a significant impact on employees working on certain visa types. Generally speaking, mergers, acquisitions (both stock and asset), consolidations, spin-offs, name changes, relocation of offices, changes in payroll, IPOs, reorganizations, downsizing and layoffs, and bankruptcy may affect an employer’s immigration-related liabilities.

Prior to entering into a merger, acquisition or similar transaction, a buyer will conduct an investigation of the target business, often referred to as a due diligence investigation, to gather information about the business and assets it is acquiring. The purpose of the buyer’s due diligence investigation is to make sure the transaction is a good investment for the buyer, and that there are no unexpected liabilities the buyer would be acquiring in the transaction. Based on what the buyer learns through its due diligence, it may decide to abandon the transaction, negotiate certain protections in the transaction documents, or take other measures to address any ongoing issues that may result from the consummation of the transaction.

From the buyer’s side, due diligence should uncover not only any employees who are employed pursuant to nonimmigrant visas (e.g., H-1B, TN, L-1, E-1/E-2, etc.), but should also disclose whether any of those employees have begun the permanent residence (green card) process. Relatedly, the buyer’s due diligence should incorporate a review of the target’s Form I-9s to ensure that the buyer is not assuming significant liability and possible financial penalty for substantive errors on those documents. The buyer can then determine whether to facilitate the completion of new I-9s for target employees coming to the new entity or whether to assume the risk of the existing I-9s and alleviate the administrative burden of completing new forms.

Employees on L-1 and E-1 or E-2 visas working for companies involved in corporate deals are particularly at risk. If the buyer acquires the employee’s U.S. employer but divests any foreign holdings, the L-1 employee will no longer have work authorization to remain and work in the U.S. under that L visa. Alternative visa categories need to be explored for that person. Often, L-1 employees are high-level managers and executives, so this should be explored at the outset of a deal. For E-1 and E-2 visa-holding employees, a change in ownership can impact the visa holders, particularly if the change in ownership results in a change of the owners’ nationality.

Employees working on H-1B status may not need employers to prepare and file new visa petitions on their behalf as a result of a corporate restructuring or a deal. Sometimes, a simple preparation of Public Access File documents will suffice to represent the change in employer, although sometimes a new H-1B petition will need to be submitted to USCIS to reflect the amended employment situation. If H-1B workers are part of the employee population for a corporate transaction, though, careful attention to the petitions, Public Access File documents and salaries needs to be paid in due diligence to ensure the buyer is not blindly assuming liabilities.

Finally, careful attention should be paid to the green card processes of employees in a target company. If new PERM applications or other filings need to be made to ensure continuity with the often-drawn out green card process, the costs and effort involved in those filings should be factored into the deal.

Caution for Employers With Sensitive Technologies

We note a special concern for financial services employers using sensitive technologies. This issue could affect any company that hires foreign workers or that interacts with foreign visitors or business partners.

The U.S. controls the export of products and related technology and software designed, manufactured or used for military and dual-use purposes. Exports of technology to persons who are not U.S. citizens and permanent residents (Foreign Persons) are treated like exports to the home country of such persons. Disclosures of export-controlled technology to Foreign Persons physically located in the U.S. may require an export license if the technology requires a license for export to the home country of that Foreign Person. This is called the “deemed export” rule.

In some cases, an employer may not hire an individual. For example, if the individual involved is listed on the Specially Designated Nationals List, then a U.S. company cannot hire that individual without having a specific license. In other cases, the employee may not be able to work in areas of the company where he or she would have unrestricted access to design, development or manufacturing technology. For example, if a U.S. financial services company allows an Iranian citizen in the U.S. to have access to sensitive technology, that is deemed to be an export of the technology to Iran. This access to technology would be subject to export controls just as if the technology were being physically transferred to Iran. The company may have to apply for an export license to employ the Iranian citizen in this capacity. Such a license may or may not be issued.

Finally, it is important for new businesses to stay on top of changing rules in international travel, including travel restrictions for individuals from certain countries, delays in visa issuance for employees obtaining new visas at embassies outside the U.S., and extreme vetting and scrutiny for all travelers into the U.S., regardless of citizenship. Financial services industry managers and employees are globally mobile, professionals travel to conferences around the world, and employees may have family members affected by changing immigration rules and policies.

The immigration landscape is shifting quickly, and U.S. businesses — established companies and U.S. field offices alike — need to be able to discern which shifts can impact their workforces so they can prepare, be compliant, and continue identifying, attracting and retaining highly qualified talent.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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

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

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

California Privacy Rights

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

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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