IP Provisions and ROI for State-Funded Stem Cell-Based Products and Technologies in California

by Fenwick & West LLP
Contact

The California Institute of Regenerative Medicine (CIRM) reaches the end of its initial charter in 2017 and recently published its Transition Plan. The plan is a roadmap to sustained development of stem cell-based technologies in California. It also outlines oversight of intellectual property and revenue sharing provisions built into the institute's grants to for-profit and non-profit researchers. This article presents an overview of those provisions as they pertain to life sciences companies pursuing commercialization of stem cell technologies and products developed with funding from California's taxpayer-supported initiative.

PROPOSITION 71 AND THE FORMATION OF CIRM
Proposition 71 of 2004, also known as the California Stem Cell Research and Cures Act, was enacted by California voters to support stem cell research in the state. The act authorized the sale of general obligation bonds to allocate $3 billion dollars over a period of 10 years to stem cell research and research facilities. Although the funds could be used to advance all kinds of stem cell research, the act gives priority to human embryonic stem cell (hESC) research.

Proposition 71 created the California Institute for Regenerative Medicine (CIRM), which is in charge of making "grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies" as well as establishing "the appropriate regulatory standards of oversight bodies for research and facilities development."

The initiative is novel in that it uses general obligation bonds, which usually finance brick-and-mortar projects, to underwrite science. By funding scientific research on such a large scale, the act gave California a role that is typically fulfilled by the U.S. federal government. Proposition 71 also established the state's constitutional right to conduct stem cell research.

Legal challenges, primarily to the aspects of the act that altered the state's constitution, delayed the start of the California research program. Since April 2006, however, CIRM has awarded 485 grants valued at $1.3 billion and, as of February 2012, had committed to funding another $586 million in awards.

CIRM's recent communications summarize voters' expectations as two-fold – "deliver hope for people suffering from a range of serious health conditions, and deliver an economic boost for the state." The institute's governing requirements, however, were written to ensure that California voters realize more tangible returns on their investment.

CIRM'S INTELLECTUAL PROPERTY PROVISIONS
Through the passage of Proposition 71, California is obligated to ensure that taxpayers receive real return on their investment in research. As such, the framers of CIRM's policies started with key provisions of The Bayh-Dole Act. Passed in 1980, Bayh-Dole regulates intellectual property (IP) ownership for inventions resulting from federal research funding. Its most important aspect is that it permits a university, small business, or non-profit institution to pursue ownership of an invention in preference to the government.

IP Ownership
CIRM's IP provisions ensure that grantees own all rights to their inventions. At the same time, recipients of CIRM research grants are obligated to file and report resulting patent applications. Grantees are responsible for the costs associated with filing and protecting such patent applications, but are allowed to recover the costs through license fees or other consideration.

As with Bayh-Dole, the intent of CIRM's IP ownership provision is to promote publicly beneficial research by academic institutions and small businesses. Funding through CIRM is structured to not only encourage research but to accelerate commercialization of stem cell-based technologies and products.

Licensing
To shorten the road to market, CIRM and its IP provisions require that grantees actively seek the development and commercialization of CIRM-funded discoveries, either in-house or through licenses and assignments to others. Further, the institute recognizes the value of both exclusive and non-exclusive licensing arrangements.

The former, an exclusive license, suggests that the invention is more advanced and is encouraged "if exclusivity is reasonably believed by the Grantee to be an economic incentive necessary to achieve commercial development and availability of the invention." In exchange for exclusivity, however, CIRM requires the grantee to document the development and commercialization capabilities of any intended exclusive licensee prior to entering into an exclusive license; to bear responsibility for all licensing activities for the invention, including ongoing reporting; to monitor and annually report to CIRM that the licensee performs according to established milestones and benchmarks; and to take reasonable action to enforce the terms of an exclusive license, including promptly reporting any material breach affecting any of the obligations to CIRM.

Should the grantee not be able or elect not to commercialize its CIRM-funded invention or technology, the institute requires that it make a reasonable effort to negotiate non-exclusive licenses for third-party development. Such agreements would make the discovery or invention available to added researchers and, perhaps, lead to a broader exploration of its potential applications.

March-In Rights
CIRM reserves the right to take charge of inventions resulting from its grant funding if the grantee, collaborator or exclusive licensee is not actively promoting its development. The institute is empowered to request that the grantee enter into appropriate licensing agreements with responsible applicants, under reasonable terms.

Should the grantee refuse to enter into such an agreement, CIRM "shall have the right to enter into such a license with an applicant on behalf" of the grantee, collaborator or its exclusive licensee if the party:

  • Has not made reasonable efforts to achieve practical applications of a CIRM-funded invention or technology
  • Has failed to provide or comply with a plan for patient access to a drug (as detailed later in this paper)
  • Has unreasonably failed to use its CIRM-funded invention or technology to alleviate a public health emergency as declared by the Governor

Under its provisions, CIRM will promptly notify grantees or their collaborators or licensees of any "adverse determinations" and the institute's intent to exercise its march-in rights. CIRM will not proceed if the grantee takes prompt action to address the issue and resolves the matter in less than a year from the date of the march-in notice. Should the grantee elect instead to appeal the notice, it has 30 days to declare its intent and 60 days to submit its written appeal statement and supporting documentation. The provisions indicate that "absent extraordinary circumstances," the institute's governing board will issue its final decision on the appeal within 120 days of the march-in notice.

As with the Bayh-Dole Act, there are protections incorporated to make the march-in process fair. For instance, one consideration in taking march-in action will be "whether doing so will impinge upon the grantee's, collaborator's or exclusive licensee's academic freedoms." Yet the inclusion of march-in rights reiterates that the state's priority is to further the development and utilization of discoveries funded by taxpayers.

CIRM'S RETURN ON INVESTMENT POLICIES
The responsibility to generate and collect returns on investment (ROI) is behind CIRM provisions that go beyond the scope of those established by Bayh-Dole for federal funding. Consistent with the California Stem Cell Research and Cures Act, the CIRM IP policies take a more aggressive approach to realizing tangible economic benefits for the state and ensuring that research products reach Californians.

Biomedical Materials Requirements
Once a grantee has published papers or patents on a CIRM-funded invention or technology, it must make the publication-related biomedical materials available to other California researchers. Specifically, "[a] grantee shall share publication-related biomedical material for bona fide purposes of research in California. Such materials are to be shared without cost to the requestor or at the actual cost of providing the materials without an allocation of costs for overhead, research, discovery or other non-direct costs…."

There are exceptions to this requirement. For example, a grantee can teach the requestor to make the material. The obligation also may cease when the materials become broadly available commercially. The provision is designed to accelerate the sharing of discoveries and the scientific serendipity among California stem cell researchers, regardless of their affiliations and area of focus.

Revenue Sharing
In contrast to Bayh-Dole and the National Institutes of Health (NIH) at the federal level, CIRM has written revenue sharing requirements into its provisions. The rules, which apply to both non-profit and for-profit recipients, are designed to ensure that California taxpayers see a monetary return on their investment.

Grantees and collaborators who license their CIRM-funded discovery, invention or technology are required to pay approximately 25 percent of the net licensing revenue in excess of $500,000 into the state's general fund. (The institute does provide a formula for determining the proportional amount due for inventions co-funded by sources other than CIRM.)

Grantees and collaborators who elect to commercialize products developed through CIRM-funded research are subject to a four-tiered revenue sharing arrangement:

  • Royalties of 3 percent per year on net commercial revenue above $500,000 up to three times the amount of the original CIRM grant.
  • If net commercial revenue from a product developed through CIRM funding exceeds $250 million in any calendar year, the grantee shall pay a one-time payment of three times the initial grant amount to the state.
  • If net commercial revenue from the product exceeds $500 million in any year, an additional one-time "blockbuster payment" of three times the initial grant shall be paid to California.
  • A grantee or collaborator with aggregate CIRM grants amounting to more than $5 million is subject to late-stage revenue sharing of 1 percent of all net commercial revenue in excess of $500 million per year. This provision is valid for 20 years after the close of the grant for unpatented inventions or technologies or for the life of any patent covering the CIRM-funded discovery.

Access Requirements
Another CIRM mission is to make products resulting from state taxpayer funded research available to all Californians, regardless of their ability to afford them. The requirement states that grantees, collaborators or exclusive licensees of drugs resulting from CIRM-funded research "must submit a plan to afford uninsured Californians access to such a [d]rug." Added regulations stipulate that the access plan:

  • Must be submitted to CIRM 90 days or more prior to the drug being commercialized in California.
  • Must be consistent with industry standards at the time of commercialization.
  • Will be subject to CIRM approval following a public hearing conducted by CIRM.
  • Needs to cover only provision of the drug itself, not the costs of administering the drug or for any other medical procedures, protocols or attendants.
  • Must provide the drug "at a price as provided in the California Discount Prescription Drug Program (commencing with California Health and Safety Code section 130500)" for California patients in that program or other programs that purchase the drug with California public funds. This regulation does not preclude other agencies or organizations from negotiating a lower price for the drug.

The grantee, collaborator or exclusive licensee is responsible for establishing that the proposed access plan satisfies these CIRM requirements.

CIRM IP PROVISIONS AND THE LIFE SCIENCE INDUSTRY
Because CIRM's IP provisions remain attached to the invention, the revenue sharing and access requirements will primarily fall to the enterprises that commercialize the CIRM-funded discoveries. Thus when CIRM announced its IP provisions, many predicted that the rules would dampen for-profit organizations' participation.

As demonstrated by earlier emerging technologies and new scientific and medical disciplines, however, commercial enterprises are typically not the source of basic scientific discovery and bench-scale testing. They rarely have time or resources to make breakthrough discoveries – and they can ill afford the dead ends and unexpected phenomena that complex science inevitably delivers. CIRM's model accounts for the potential value industry will realize – and build upon – via institute-funded research, facilities and resources.

Already the impact that CIRM has had on advancing drug development and disease modeling techniques based on stem cells has been phenomenal. Scientists working in the field, many in California and in CIRM-supported facilities, are refining breakthrough research methods to better understand the biology of disease as well as the workings of the healthy human body.

One such cutting-edge stem cell-based strategy has been dubbed "disease in a dish." The technique uses researchers' ability to reprogram almost any type of adult cell to become a "pluripotent" stem cell (iPS cell) – an embryonic-like cell with the potential to self-renew. These cells, with the addition of growth factors or chemicals, can be differentiated into cells from specific organs. That is, a researcher can take skin cells from a patient with Alzheimer's disease. Those cells can be transformed into iPS cells and then differentiated to produce brain cells. The resulting culture can provide the researcher with an endless supply of patient- and disease-specific cells that theoretically carry all the genetic and molecular changes that may have contributed to that individual's condition. The technique, which may also be used to grow new tissue for transplants, has accelerated research. It also is broadening the range of diseases that can be modeled.

By ensuring that early findings, techniques and biomaterials are shared among leading researchers in academic settings, CIRM intends to shorten the time until for-profit firms might license a promising technology or researchers may found their own firms to further develop their product. The institute's regulations ensure that promising techniques and materials are patented in a timely manner and that their IP is clean. Conducting due diligence on CIRM-funded projects should be made simpler by the institute's up-front involvement, and transparency across California's stem cell research centers should also give future investors confidence in underwriting the development of breakthrough therapies. Thus, the institute's IP provisions may diminish risk for the for-profit developers.

The added credibility afforded new technologies through the collaborative work of CIRM grantees is critical in the diseases for which regenerative medicine may prove most successful. The institute is funding translational project teams that are focused on identifying lead candidates for the treatment of several forms of cancer, Alzheimer's disease, diabetes, HIV/AIDS, heart disease, Parkinson's disease, multiple sclerosis, sickle cell disease, amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease), stroke and spinal cord injury, just to name a few.

These are serious, complex, often intractable conditions for which there are few or no treatments and for which drug development has proven difficult and expensive. Progress realized by CIRM grantees at the academic level will greatly enhance the biomedical industry's ability to make therapeutic products available to the patients who need them.

BIOMEDICAL COMPANIES' ACCOMMODATION OF THE REQUIREMENTS
Some years remain before stem cell-based products can be proven effective and safe. At the same time, aspects of the economic and political landscapes in California and the United States – especially as they pertain to CIRM's IP provisions and profit-sharing requirements – could have profound and unpredictable effects on future development. CIRM is anticipated to seek alternative funding sources to continue operations beyond 2017, so it is not yet clear which governmental agency will monitor and enforce the provisions going forward. Whether the U.S. healthcare reform package will extend medical insurance to a larger portion of Californians, and lessen the access accommodations for manufacturers, remains to be seen. The ability and willingness of commercial organizations and their investors to be among the first to advance a hESC-based product through the approval process also will depend on the health of the economy.

It is too early to gauge the costs and challenges to grantees and their collaborators in meeting their obligations to CIRM and the California taxpayers. Given the institute's success in accelerating discovery, however, clear – and clearly enforced – IP provisions are critical to the long-term viability of California's regenerative medicine industry.

 

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.

© Fenwick & West LLP | Attorney Advertising

Written by:

Fenwick & West LLP
Contact
more
less

Fenwick & West LLP 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.