June 2019 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP
Contact

This past month was relatively uneventful in the area of independent contractor misclassification and compliance news, if one regards a $16.5 million settlement as unremarkable. But the amount of the settlements in IC misclassification cases appears to be substantially increasing. This $16.5 million settlement involves a very large logistics company sued in a class and collective action by about 850 drivers. What is consequential about the settlement is not just the total sum but also the amounts being paid to each of the drivers, averaging $14,000 per driver (with a high of $138,700).

While the total amount of this settlement is extraordinarily high for an IC misclassification case, it is not the highest we have seen. Last March, we reported on a $100 million settlement in an IC misclassification case involving 20,000 owner-operator drivers, with the average settlement about $5,000 per class member. The settlement amount in this new case last month nearly triples that amount per driver.

The $14,000 per class member award, while on the high side in terms of settlement payments per class member in driver cases, pales in comparison to the amount payable per class member in at least one non-driver case. Last month, we reported on a settlement between an oil and natural gas exploration and production company and a group of 82 oilfield technicians who received on average $40,000 per class member.

The large amounts of the settlements in IC misclassification cases leads to the conclusion that plaintiffs’ class action lawyers are pursuing these types of cases where there are very high-dollar potential exposure.

This is why an increasing number of companies that have an IC business model or use numerous ICs to supplement their workforce are resorting to a process such as IC Diagnostics™ to enhance their compliance with IC laws, even in states like California and Massachusetts where the tests for IC status are the most challenging in the U.S. This is also why companies are upgrading their IC agreements’ arbitration clauses in a state-of-the-art manner to ensure that their class action waivers in those provisions are as effective as possible and provide them with maximum protection from costly class and collective action lawsuits.

In the Courts (5 cases)

LOGISTICS COMPANY’S $16.5 MILLION SETTLEMENT WITH DRIVERS ALLEGING IC MISCLASSIFICATION IS APPROVED BY COURT. A California federal district court has preliminarily approved a $16.5 million settlement of collective and class action claims brought by delivery drivers against XPO Logistics, Inc., one of the largest transportation and logistics companies in the world. The lawsuit alleged that the company violated the federal Fair Labor Standards Act and California state wage and hour laws by misclassifying them as independent contractors and not employees. According to the drivers, XPO provides delivery services to retail merchants like Home Depot, Lowe’s, Macy’s, Ethan Allen, and Pottery Barn; those companies contract with XPO to provide the delivery and basic installation of newly purchased appliances and removal of old appliances from their customers’ homes in California. The drivers claimed, among other things, that XPO reserved the rights to determine the locations where the drivers pick up and drop off merchandise assigned to them; control the order and timing of deliveries; require the drivers to wear XPO uniforms and follow customer service standards in performing their services; determine the year and branding of the vehicles driven by the drivers; unilaterally determine the fees to be received by the drivers; and require the drivers to follow specific work methods regarding how to move and install appliances and interact with customers. The settlement, reached on behalf of approximately 847 current and former delivery drivers, includes a fund of almost $12 million in awards of about $70 for each day worked by a class member plus an additional $2.50/workday to those who opted in to the FLSA collective action, with estimated payments to drivers ranging from as low as $70 to as high as $138,700, with the average amount approximately $14,000 per driver. The settlement further provides $4,125,000 (25% of the gross settlement fund) for plaintiffs’ counsel’s fees and expenses, a $24,000 PAGA allocation, settlement administration costs not to exceed $50,000, and up to $102,500 for class representative service awards. A hearing to consider whether the settlement should be granted final approval by the court is scheduled for October 16, 2019. Carter v. XPO Logistics, Inc., No. 3:16-cv-01231 (N.D. Cal. June 27, 2019).‎

$6.6 MILLION SETTLEMENT WITH EXOTIC DANCERS UPHELD BY FEDERAL COURT OF APPEALS. The U.S. Court of Appeals for the Sixth Circuit has upheld a federal district court’s approval of a $6.6 million settlement reached in a worker misclassification suit between class of 28,177 exotic dancers and Déjà Vu dance clubs, over the objections of four dancers. In their nationwide class and collective action complaint, the dancers claimed that Déjà Vu Consulting, its affiliate dance clubs, and the clubs’ owner violated the federal Fair Labor Standards Act and Michigan wage and hour laws by “intentionally misclassif[ying] class members as independent contractors, refus[ing] to pay minimum wage, unlawfully requir[ing] employees to split gratuities, and unlawfully deduct[ing] employee wages through rents, fines and penalties.” The settlement was approved by the federal district court in June 2017 and provided for $1 million towards a general settlement fund; $4.5 million towards a secondary pool of settlement remuneration; $900,000 in attorneys’ fees; and $100,000 to resolve all Private Attorneys General Act claims against Déjà Vu clubs in California. The settlement also included a requirement that every club provide its current dancers with an Entertainer Assessment Form to determine whether the dancer should be classified as an employee or independent contractor.

Four dancers objected to the settlement. The district court overruled their objections, and the Sixth Circuit (with one of the three judges dissenting in part) affirmed the district court’s decision. In so doing, the Sixth Circuit concluded that, contrary to the dancers’ objections, the district did not abuse its discretion in finding that the tangible benefits afforded to class members as a result of the settlement agreement outweigh the value of the volatile claims that the Dancers released. Cabrera v. Déjà Vu, No. 17-1801 (6th Cir. June 3, 2019).

D.C. CIRCUIT FINDS REFEREES IN PENNSYLVANIA ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES, UNDER THE NLRA. The U.S. Court of Appeals for the District of Columbia Circuit reversed a decision by the National Labor Relations Board that high school lacrosse referees were employees covered by the National Labor Relations Act, instead finding them to be independent contractors that are exempt from the protections of the NLRA. As discussed more fully in our blog post of August 7, 2017, the NLRB issued a decision that lacrosse officials providing referee services for the Pennsylvania Interscholastic Athletic Association were employees under the NLRA and not independent contractors. The PIAA is a non-profit corporation whose primary purpose is to promote uniformity in their interscholastic athletic competitions of its 1,611 member schools in Pennsylvania. The petitioner in the case, Office and Professional Employees International Union, sought to represent a unit of 140 officials that officiated at junior and senior high schools lacrosse games within the greater Pittsburgh area. After the PIAA refused to bargain with the Union, it petitioned the D.C. Circuit for review of the Board’s holding. On appeal, the D.C. Circuit reversed the Board on the grounds that it “failed to adequately account for the strength of the two aspects of this relationship that most strongly favor independent-contractor status: the few times on which PIAA actually pays the officials [as compared to the many games for which the officials are paid by the schools] and the short duration of their employment.” The court further identified other factors that supported IC status, although not as strongly as the payment and duration factors – the skill and expertise needed to be a lacrosse referee, the fact that the referees had to provide their own equipment, and the parties’ understanding of their relationship as ICs as evidenced by the PIAA Constitution and Bylaws, the Officials’ Manual, and registration/application materials. A few factors were identified by the D.C. Circuit as favoring employment status, but found that they were “not as strongly as those that point to classifying them as independent contractors.” Those factors included that the referees were part of PIAA’s regular business, and there was a “mixed bag” of control and supervision. Ultimately, in finding the referees to be ICs, the court stated, “Indeed, ‘almost every state court decision involving an amateur sports official’s employment status’ has come to the same conclusion.” Pennsylvania Interscholastic Athletic Association, Inc. v. NLRB, No. 18-1037 (D.C. Cir. June 14, 2019).

TWO NEW JERSEY APPELLATE COURT DECISIONS DIFFER ON COMPELLING ARBITRATION OF INTERSTATE TRANSPORTATION DRIVERS’ IC MISCLASSIFICATION CLAIMS. Two court decisions by appellate courts in New Jersey reached different results as to whether delivery drivers are subject to a motion to compel arbitration of their claims for IC misclassification. In the first case, plaintiff drivers sued in state court alleging that Strategic Delivery Solutions, a freight broker and forwarder that arranges for the local delivery of pharmaceutical products and general merchandise to its customers, violated the New Jersey Wage and Hour Law and Wage Payment Law due to their misclassification of the drivers as independent contractors and not employees. Each driver signed an Independent Vendor Agreement that provided that the law of the state of the residence of the vendor would govern the agreement – in this instance, New Jersey law. The agreement also contained an arbitration provision and class action waiver. SDS filed a motion to dismiss the complaint and to compel arbitration of the claims on an individual basis, not as a class. The drivers, relying on the recent U.S. Supreme Court decision in New Prime, Inc. v. Oliviera, which extended the reach of the FAA transportation exemption to independent contractor agreements as well as employment agreements, argued that they were exempt from arbitration, as was the driver in the New Prime case under the interstate transportation worker arbitration exemption. The trial court granted SDS’s motion to dismiss and found the drivers’ agreement to arbitrate and the class action waivers were clear, unambiguous, valid and enforceable. Following an appeal by the drivers, the New Jersey Appellate Division vacated the order of dismissal and reinstated the complaint, concluding that the trial court had failed to determine whether the drivers were engaged in transportation services in interstate commerce and therefore exempt under the FAA. In addition to remanding that issue to the lower court, the appeals court included another wrinkle; it held that even if the trial court found that the drivers were engaged in interstate commerce and were exempt under the FAA, they would still be subject to the New Jersey Arbitration Act (“NJAA”) which does not include an exemption for interstate transportation workers.

A day after the SDS decision, another panel of the New Jersey Appellate Division reviewed on appeal a similar case alleging IC misclassification by delivery drivers who delivered Health Express Corporations’ pharmaceutical products in and around New Jersey. The drivers had signed contracts with the company that included an arbitration clause providing that the agreement was to be governed by the FAA. Prior to the issuance of the Supreme Court’s New Prime decision, the lower court has issued an order compelling arbitration. Following the issuance of New Prime, the Appellate Division granted the drivers permission to reinstate the appeal based on a change in the law. In reversing the lower court, the appeals court concluded that the drivers’ contract with the company constituted a “contract of employment” under the interstate transportation exemption to the FAA. The appeals court stated, “Consequently, the FAA cannot govern the arbitration agreement, as contemplated by the parties. The inapplicability of the FAA to the parties’ arbitration agreement undermines the entire premise of their contract. Because the FAA cannot apply to the arbitration, as required by the parties, their arbitration agreement is unenforceable for lack of mutual assent.”

Unlike the SDS case, neither the company nor the panel of appellate judges addressed or mentioned the New Jersey Arbitration Act (“NJAA”), which would have required arbitration in this case. Thus, the conflict in rulings may be attributed to a difference in how the companies’ lawyers litigated these two cases. Colon v. Strategic Delivery Solutions, LLC, No. A-2378-17T4 (N.J. Super. Ct. App. Div. June 4, ‎‎2019); Arafa v. Health Express Corp., No. A-1862-17T3 (N.J. Super. Ct. App. Div. June 5, 2019).

Other Newsworthy Matters (2 items)

PRIVATE EQUITY FIRMS PROVIDED WITH GUIDANCE AS TO HOW TO CONDUCT DUE DILIGENCE OF A PORTFOLIO COMPANY’S POTENTIAL FOR IC MISCLASSIFICATION LIABILITY. Private equity firms were the focus of an article entitled “How to Evaluate Portfolio Companies for Independent Contractor Misclassification Liability,” published June 18, 2019 in Private Equity Law Reports. The publisher of this legal blog together with Matthew Kane, General Counsel and Chief Compliance Officer of Z Capital Group, LLC, wrote an article as guest authors for PELR discussing the array of IC misclassification claims that have been brought as class and collective action lawsuits, the materiality of the risks, the abundance of multi-million dollar settlements of these types of cases, how to value the potential risk, and what post-closing steps can be taken generally to minimize the risk of IC misclassification liability. Our blog post of July 1, 2019 provides an elaboration of the steps that private equity firms can have their new portfolio companies undertake to maximize compliance with IC laws.

PUBLISHER QUOTED IN INSURANCE PUBLICATION DEALING WITH INSURANCE AGENT EXEMPTION TO NEW CALIFORNIA BILL CODIFYING THE DYNAMEX TEST FOR IC STATUS. The Financial Times’ June 12, 2019 publication of Life Annuity Specialist included an article entitled, “Insurers Watch as California Moves to Tighten Independent Contractor Rules.” The article by Arthur D. Postal reports on the insurance industry’s interest in Assembly Bill 5, a bill that has passed the California Assembly and has now moved forward to the California state Senate. As discussed more fully in our blog post of June 10, 2019, AB5 proposes to codify the California Supreme Court’s decision in the Dynamex case creating an ABC test for purposes of classifying workers as employees or ICs. The newly-enunciated ABC test made it far more challenging for businesses to classify workers as independent contractors in California. With regard to the insurance industry, AB5 currently includes an exemption for licensed insurance agents, among other categories of workers listed as exempt. Without that exclusion for licensed insurance agents, Alan Levin of Locke Lord LLP stated in the article that the proposed legislation would potentially “shake the foundations” of how insurance policies are distributed and serviced in the state. The publisher of this blog was also quoted: “This is the most important issue facing the insurance industry at this time. Insurance companies cannot be complacent and count on past decisions to apply to them, especially when class action lawyers are targeting the industry and continuing to bring misclassification cases.” He added that the full implication of the bill is unclear, because the “B” prong of the ABC test has not been litigated in California.

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.

© Locke Lord LLP | Attorney Advertising

Written by:

Locke Lord LLP
Contact
more
less

Locke Lord 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.