Insuring the Product Liability Risks of Cannabis

by Wilson Elser
Contact

Wilson Elser

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle accidents and consumption-related injuries. The potential for an increase in the number and value of cannabis-related product liability claims and lawsuits, however, is of particular concern to the cannabis and insurance industries. The production, distribution and sale of an ingestible product that has psychoactive effects – accompanied by a wide range of anticipated labeling and marketing representations – will certainly result in robust product liability litigation.

Proposed regulations require that participants in the cannabis industry have liability insurance. Public policy supports this requirement for several reasons. First, there is a strong public policy in favor of compensating those who suffer compensable injury. Second, private insurance regimes often provide excellent loss prevention services directly – and indirectly by their underwriting practices. Finally, liability insurance provides stability to industry participants.

Product Liability Generally
A manufacturer, distributor or retailer is liable in tort if a defect in the manufacture or design of a product causes injury while the product is being used in a reasonably foreseeable way. Strict liability has been invoked for three types of defects – manufacturing defects, design defects and “warning” defects, i.e., inadequate warnings or failures to warn. Anderson v. Owens-Corning Fiberglas Corp. (1991) 53 Cal.3d 987, 995. “Beyond manufacturers, anyone identifiable as ‘an integral part of the overall producing and marketing enterprise’ is subject to strict liability.” Arriaga v. CitiCapital Commercial Corp. (2008) 167 Cal.App.4th 1527, 1534.

To make a prima facie case, the plaintiff has the initial burden of producing evidence that he or she was injured while the product was being used in an intended or reasonably foreseeable manner. If this burden is met, the burden of proof shifts to the defendant to prove that the plaintiff’s injury resulted from a misuse of the product. Product misuse is a complete defense to strict product liability if the defendant proves that an unforeseeable abuse or alteration of the product after it left the manufacturer’s hands was the sole cause of the plaintiff’s injury. Misuse or modification that was a substantial factor in but not the sole cause of plaintiff’s harm also may be considered in determining the comparative fault of the plaintiff or of third persons. See California Civil Jury Instructions (CACI), Series 1200, Directions for Use.

Product-Related Risks to the Cannabis Industry
The cannabis customer buys a product commonly known to have an intoxicating effect. As a matter of public policy, California does not place liability on liquor stores or establishments that serve alcohol unless the person served is an obviously intoxicated minor. However, as a society we do hold product manufacturers liable for placing an unreasonably dangerous product on the market. What is “unreasonably dangerous,” however, is an open question as to cannabis. Federal illegality has precluded the availability of long-term studies on the safety and efficacy of cannabis use.

One obvious hazard that will form the basis of product liability lawsuits arises from cannabis-infused edible products, which will account for the majority of the cannabis market. Consumers often do not realize that cannabis may take significantly longer to affect them if eaten, and consequently many consumers eat too much of it. The standard dose is currently 10mg THC (tetrahydrocannabinol, the principal psychoactive constituent of cannabis). Many consumers, however, do not realize that one small bite could be the full dose – regardless of whether they are provided with clear warnings and instructions for use. An analogy would be a bar patron who orders wine but is told by the bartender that the only option is to drink a full bottle. The patron may not wish to drink an entire bottle – or even understand the implications of doing so – but he/she is provided no alternative. The industry is reacting to this problem by adopting strict dosage limits in understandable packaging, and by embracing the idea of “microdosing” edible products in portions as small as 1mg THC.

Other anticipated product liability risks arise from the widespread use of lithium-ion vaporizers, pesticides, contamination by mold and fungus, breach of warranty claims, misrepresentation, label claims and other failure-to-warn theories, consumer complaints that allege deceptive practices and bodily injury claims resulting from intoxication.

Strong analogies can be drawn between the emerging cannabis industry and the dietary supplement industry. Following passage in 1994 of the federal Dietary Supplement Health and Education Act, the supplement industry grew rapidly. Under the Act, supplement manufacturers did not require FDA approval before marketing dietary supplements that were marketed in the United States prior to 1994. This unregulated, or at least quasi-regulated, market allowed a number of bad actors to sell potentially dangerous supplements with no real consequences. By the early 2000s, however, the plaintiffs’ bar had taken notice of the supplement industry, and the resulting litigation – while having the positive effect of cleaning up the industry – drove a good portion of it out of business. Particularly problematic was the number of companies that had inadequate insurance coverage for product liability risks. Common theories of liability brought against supplement companies included strict product liability, negligence, breach of warranty, misrepresentation, unfair business practices and fraud. There were numerous product recalls and consumer class actions in the wake of allegations of poor quality control, contamination and misleading product claims. Prop 65 (the Safe Drinking Water and Toxic Enforcement Act) liability also was a significant problem for businesses that manufactured or sold supplements in California.

The cannabis industry today finds itself in a position not terribly different from that of the supplement industry in 1994. While it faces the same legal risks, it also can learn from the supplement industry’s mistakes. We already see signs of these growing pains. For example, the number of cannabis-related product recalls mandated by the state of Colorado since September 2015 is significant. From September 08, 2015, through April 26, 2017, Colorado authorities reported 66 cannabis recalls. A mature cannabis market in California is anticipated to be at least an order of magnitude larger than the one in Colorado.

Unlike the supplement industry, however, the cannabis industry has made enormous progress in self-regulation. We are encouraged by the risk management protocols that the cannabis industry is adopting, including a thorough licensure process, rigorous product testing, advanced “track and trace” programs, and the creation of standards by third-party organizations such as the American Society for Testing and Materials (ASTM). Nevertheless, cannabis businesses will continue to be confronted by substantial product liability exposure and associated risks as the market matures.

Cannabis-Related Product Liability Lawsuits
Notwithstanding the foregoing, there is little judicial precedent for the risk issues facing manufacturers and sellers of cannabis in the states where it is legal, given the fact that legalization has only happened over the past few years. To date, there are only a small number of cannabis-related product liability lawsuits. There may be new cases that have been filed at the trial court level, but legal databases are of limited value given the lack of keyword search capability by most county courts.

The well-publicized LivWell case was the first high-profile cannabis product liability lawsuit. It was filed in Colorado in 2015 against LivWell, which runs nine dispensaries and one of the largest grow houses. The suit was brought by two medical cannabis patients who alleged contamination of LivWell marijuana by a pesticide called Eagle 20, which is widely used in agriculture but produces hydrogen cyanide gas when burned. The suit was dismissed in 2016 based on a determination by the court that there was no evidence of actual injury to any consumer caused by the allegedly contaminated product.

Another well-known product lawsuit was brought against edible manufacturer Gaia’s Garden after Richard Kirk ate its “Karma Kandy” product and thereafter shot and killed his wife in an alleged bout of temporary insanity. The children of Kristine Kirk sued Gaia’s Garden, alleging that the product was improperly labeled, thereby allowing their father to consume 101mg THC, causing hallucinations. The 2016 complaint alleges strict product liability, negligence, failure to warn, deceptive trade practice, breach of implied warranty, misrepresentation and consumer fraud. In March 2017, the insurance carrier defending Gaia’s Garden filed a complaint for declaratory judgment seeking a determination of no obligation to indemnify under the policy on several bases, including that the policy excluded liability arising from “psychotropic substances.” Thus, this case will be important for the industry as to the liability for cannabis businesses and as to the coverage provided by their commercial liability policies.

Insurance Coverage
In this new-product environment, standard commercial general liability (CGL) insurance coverage is not adequate to protect a cannabis policyholder. Standard CGL policies contain common exclusions for Schedule 1 substances, banned substances or other substances that constitute a “health hazard,” in addition to pollution exclusions.* Any such policy provided to a cannabis licensee would result in illusory coverage. To protect the licensees and the public, it is strongly recommended that California’s three licensing authorities (the Bureau of Medical Cannabis Regulation, Calcannabis Cultivation Licensing and the Office of Manufactured Cannabis Safety) consider mandating either a stand-alone product liability insurance policy, or a CGL policy with Product Completed Operations coverage. Policy exclusions must be reviewed carefully to ensure that coverage is in place to protect the end consumer.

The experience of the state of Washington with this issue is instructive. Initially, Washington only required a CGL policy with limits of not less than $1 million per occurrence, but provided no mandated product liability coverage, or even guidance as to whether or when it would be advisable to obtain that coverage. Facing numerous uninsured claims and industry backlash, the Washington Liquor and Cannabis Board (LCB) amended the insurance required for all licensees under WAC 314–55–082. The LCB now explains the insurance requirements as follows:

Insurance
Is product liability insurance required?
Commercial general liability or commercial umbrella insurance (if necessary for adequate coverage) is required for all licensees under WAC 314-55-082. Under subsection (1), licensees must at all times carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of licensed activities. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the licensee or its officers, agents, representatives, assigns, or servants. The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of the licensee's premises/operations, products, and personal injury. The limits of liability insurance shall not be less than one million dollars.

Commercial general liability or commercial umbrella insurance coverage would likely cover instances of product liability claims. Separate product liability coverage is not required under the rule so long as the commercial liability or umbrella coverage is sufficient. More information about insurance coverage for marijuana businesses is available at the Office of Insurance Commissioner’s website.

This new guidance by Washington’s LCB remains vague and problematic because it leaves the decision as to whether to obtain coverage for product liability claims up to the discretion of the individual licensee. We disagree with the LCB’s statement that “Commercial general liability or commercial umbrella insurance coverage would likely cover instances of product liability claims.” This is simply not true in many coverage situations that are relevant to cannabis licensees, as discussed above. Not only does Washington’s LCB fail to require specific wording as to product coverage, but its guidance can be read as tacitly discouraging licensees from obtaining that coverage. It has therefore inadvertently created a void that leaves both the licensee and the ultimate consumer exposed to uninsured loss. California will hopefully not make this same mistake.

Effective Insurance Coverage
Even if an insurance policy expressly provides suitable coverage for cannabis-related risks, the coverage will not be enforced by the courts if it is deemed to be in violation of public policy. We understand that AB1159, now under consideration in the legislature, would provide that any commercial marijuana activity conducted in compliance with California law and any applicable local standards, requirements, and regulations shall be deemed to be all of the following: (1) a lawful object of a contract; (2) not contrary to an express provision of law, any policy of express law or good morals; and (3) not against public policy.

This bill is necessary to ensure that courts will not refuse to enforce insuring agreements purchased to cover cannabis risks because they are deemed unenforceable under the public policy of California. However, the cannabis industry remains illegal under federal law, and it is possible that a court may find an insurance policy that insures a cannabis business operating in full compliance with state law is nevertheless unenforceable for reasons of federal public policy. See Tracy v. USAA Ins. Co., 2012 WL 928186 (D. HI. 2012), appeal dismissed (9th Cir. 12-16015, June 14, 2012).

It is necessary for the legislature to do more than establish that contracts relating to cannabis are not unenforceable for reasons of California public policy. Because public policy analysis involves a balancing of interests, it is important for California to declare a strong public policy in favor of insuring the cannabis industry, rooted in the important state interest in having compensation be available to injured parties. When balanced against under-enforced federal policies, a strong positive state policy is more likely to be respected. See Green Earth Wellness Center, LLC v. Atain Specialty Ins. Co., 163 F. Supp. 3d 821 (D. Colo. 2016).

Assuming insurance carriers become willing to take on the risks associated with federal enforcement, development of forms to address the issues identified above would ensue, along with further specialized forms and rates. Absent further legislation such as that in North Dakota (see footnote 1), insurers should be able to successfully navigate filings. States with commercial deregulation should make that process easier. And once admitted insurance policies are in place in states such as California, the trail should be easier to blaze in subsequent states.

Note: Francis J. Mootz III, Professor of Law, University of the Pacific, McGeorge School of Law also contributed to this article.


* Discussions of coverage for marijuana-related risks on admitted policy forms have generally centered on how to assure coverage isn’t inadvertently provided, particularly in the personal lines context. At the same time, standard ISO Business Owners and CGL policy forms contain common exclusions for contraband (which would include Schedule 1 substances), coverage for land and growing crops, and pollution exclusions. The ISO Farm Liability coverage form excludes liability for controlled substances. Conversely, the ISO Workers’ Compensation and Employers Liability Policy coverage form, under Part A, mandates that the insurer pay whatever benefits are mandated by state law, which may require coverage, although carriers would need to understand the workers’ compensation laws in each state to understand the liability exposure for job-related injuries sustained while under the influence of marijuana. In addition, states can put limitations on coverage, even when medical usage is legal. For example, North Dakota recently passed legislation (House Bill 1156) that prohibits coverage for medical marijuana under the state’s workers’ compensation system, even though the state’s voters approved the use of medical cannabis.

 

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.

© Wilson Elser | Attorney Advertising

Written by:

Wilson Elser
Contact
more
less

Wilson Elser on:

Readers' Choice 2017
Reporters on Deadline

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide

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