Legal Alert: Federal Insurance Issues We Are Watching During Fall 2013

Eversheds Sutherland (US) LLP
Contact

The United States Congress has returned from its summer recess. On its first full day back in session, the U.S. House of Representatives passed (by a vote of 397-6) long-stalled legislation that would fundamentally alter the U.S. system for licensing insurance producers ("NARAB II"). While the House has passed similar legislation twice before, this year is the first time the full Senate is also preparing to take up NARAB II. Whether or not producer licensing tops your priorities list, House action on this bill is just the first step in what promises to be an active period of insurance public policy discussions at a national level. Indeed, while Syria, the debt ceiling, and budget showdowns are grabbing headlines, there is arguably more insurance activity occurring in Washington since before the enactment of the Dodd-Frank Act. In addition to activity on NARAB II, committees in both the House and Senate are preparing to hold hearings on the reauthorization of the Terrorism Risk Insurance Act and hearings to reevaluate the impact of last year’s reauthorization of the National Flood Insurance Program.

Against this backdrop, the enduring debate over whether the federal government should have a greater involvement in regulating insurance will have fresh life when the long-expected Federal Insurance Office ("FIO") report on the modernization of insurance regulation is issued, possibly as soon as this month.

Excluding the ongoing activities surrounding healthcare reform, the following are highlights of federal activity impacting insurers that we will be following this Fall.

The Terrorism Risk Insurance Act1 (“TRIA”) – Last reauthorized in 2007, TRIA is set to expire on December 31, 2014, unless extended by Congress. TRIA was enacted following the September 11, 2001 terrorist attacks to address the near complete withdrawal of private terrorism coverage and provides commercial property and casualty insurers access to a federal backstop for certain large terrorism events. The trade-off for the backstop is that insurers of certain “covered lines” must make coverage available for losses resulting from certified Acts of Terrorism.

In 2002, the first-term Bush Treasury Department and a Republican-controlled Congress designed TRIA as temporary program to be in place for several years while a private terrorism coverage market developed. After an initial two-year extension in 2005, the second-term Bush Treasury Department and a then-Democratic Congress enacted compromise legislation that reauthorized TRIA for an additional seven years, expiring at the end of 2014.

Six years later, the current split Republican/Democratic Congress and the Obama Administration are skeptically reevaluating TRIA, seemingly hoping to find ways to increase private participation in the terrorism coverage marketplace.

The House Financial Services Committee is scheduled to begin its formal TRIA deliberations with a public hearing on September 19. The first panel of witnesses will be one or more members of Congress. This unusual witness panel could signal that politics may be more overt as the debate begins. The second panel of witnesses, however, will likely include a well-balanced variety of stakeholders, such as a catastrophe modeling expert, a TRIA-impacted policyholder, and advocates in favor of and opposed to TRIA reauthorization. The Senate Banking Committee indicates that it will have its own TRIA hearing as early as September 24, but in any event no later than Thanksgiving.

The House and Senate committees may approach TRIA from different perspectives, but their inquiries will likely start by asking whether the private market can take on more terrorism risk and what the possible impact would be were TRIA to expire. The 2005 reauthorization resulted in an increase in insurers’ deductibles and dropping some lines from the program. These steps were intended to start weaning the market from a public backstop. If history is a guide, those in favor of greater private market involvement could press for different TRIA triggers, higher deductibles, and more aggressive recoupment provisions.

While Congress schedules an initial round of TRIA hearings, the Treasury Department (on behalf of the President’s Working Group on Financial Markets) is required, statutorily, to perform many of the same inquiries and issue a report in 2013. On July 16, 2013, the Treasury Department published a request for comments to assist the President’s Working Group in preparing the third of three reports required under TRIA (earlier reports were published in 2006 and 2010).2 Interested parties wishing to comment on TRIA and the terrorism coverage market need to submit comments to Treasury by September 16, 2013.

Finally, the Federal Advisory Committee on Insurance (“FACI”) that was created in 2011 to provide input to FIO is scheduled to meet on September 18.  FACI’s tentative agenda includes a discussion of “perspectives on the Terrorism Risk Insurance Act of 2002.”3

This activity does not mean that either Congress or the Administration is likely to reach a conclusion on TRIA reauthorization much before the December 2014 expiration date. It does, however, mean that Washington officials are about to enter 15 months of discussing the role of insurance in the larger economy, the role of the federal government in catastrophic risk management and, unavoidably, the role of FIO in national insurance public policy development. This last topic will be fueled by the expected release of several highly anticipated reports from FIO (see discussion below).

National Flood Insurance Program (“NFIP”) – In contrast to the man-made peril underlying TRIA and the statutorily driven deadline to address TRIA reauthorization, the natural peril that underlies the NFIP has driven Congress to reexamine the program just 14 months after it voted overwhelmingly to reauthorize the NFIP for five years in the Biggert-Waters Flood Insurance Reform Act of 20124 ("Biggert-Waters"). Serious re-examination of the NFIP usually follows a major flooding event and while Superstorm Sandy certainly qualifies as a major event, the flood both the House and Senate are responding to by scheduling committee hearings this fall on NFIP reform implementation is not the kind of flood that motivated Noah.

Instead, Congress is reacting to a flood of constituent and state/local government complaints about the series of rate increases mandated when Congress reauthorized the NFIP last summer in Biggert-Waters. The rate increases, intended to end rate subsidies and relieve the much beleaguered, 40-year-old program of its $20+ billion debt, enjoyed considerable bipartisan and bicameral support until homeowners began receiving notice of new or increased flood insurance premiums required under the legislation their members of Congress supported just last summer.

Congress has a long history of supporting fiscally-responsible NFIP reforms while not wanting flood insurance requirements or rates to increase for their constituents. While it may be interesting to see members of Congress bash the implementation of legislation they overwhelmingly supported just last year, the real story to watch is how members reconcile their concerns about rate increases with the provisions of Biggert-Waters, that seek to expand private participation in the flood insurance and reinsurance market. In response to  explicit instructions from Congress, the Federal Emergency Management Agency (“FEMA”) has more actively engaged private insurers and reinsurers to explore increased private participation in the flood coverage market than at any time since the late 1970s when the federal government expelled private insurers from the public-private flood risk pooling arrangement permitted by the original 1968 NFIP Act.

The Biggert-Waters debate will continue as Congress examines the role of the federal government in catastrophic risk management and insurance during the TRIA reauthorization process.

NARAB II

In 1999, as part of the Gramm-Leach-Bliley Act ("GLBA"), Congress enacted a law intended to force states to remove perceived obstacles to nationwide licensing of insurance producers. GLBA incentivized states to improve and increase the uniformity of insurer licensing laws and regulations by threatening the establishment of a national licensing authority that would preempt state authority if at least 29 states did not adopt uniform laws by November 2002. In response, the National Association of Insurance Commissioners (“NAIC”) created several programs to standardize licensing requirements and to make the licensing process for non-resident agents and brokers more efficient. The states met the GLBA deadline, and the establishment of a National Association of Registered Agents and Brokers under the GLBA (so-called NARAB I) was avoided. However, the perception persists that nationwide uniformity has not been achieved, and that agents and brokers operating on a multistate basis face costly and unnecessary paperwork as a result of overlapping and inconsistent licensing requirements.

Industry response has been to press for federal legislation notwithstanding the work done by several states to achieve uniformity on their own. If enacted, the National Association of Registered Agents and Brokers Reform Act of 2013 (“NARAB II”) would create a private, not-for-profit corporation to serve as an interstate clearinghouse for non-resident producer licensure. The corporation would be governed by a panel dominated by current and former state insurance regulators who would establish standards for membership. An approved NARAB member would be able to utilize the clearinghouse for non-resident licenses in any other state. States would retain their regulatory jurisdiction over consumer protection, market conduct and unfair trade practices. States also would retain the right to license resident producers and to supervise, discipline, and set licensing fees for insurance producers. The bill is supported by the NAIC – not surprising given the bill’s preservation of the primacy of the state system in an area where there has been the loudest cry for national uniformity.

FIO Report

When Congress established FIO as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, it charged FIO with evaluating and reporting to Congress on how to modernize and improve the system of insurance regulation in the U.S. Among other things, the report was to consider the degree of national uniformity of state regulation. The report remains unissued and is now more than 20 months beyond the due date set under Dodd-Frank. FIO Director Michael McRaith reportedly announced during a closed-door session with state insurance regulators in August that the report could be released as early as late September or early October.

Meanwhile, the Financial Stability Board (“FSB”) issued its Peer Review of the United States which, among other things, calls for U.S. authorities to promote greater regulatory uniformity in the insurance sector, including conferring additional powers and resources at the federal level where necessary. The FSB’s findings and other recommendations highlight fragmentation in the supervision of insurance groups under the current state system and favor an expanded role for FIO. It will be difficult for FIO to ignore the FSB’s findings and recommendations.

FIO also has two  unissued reports related to reinsurance: (1) a report describing the global reinsurance market and the role this market plays in supporting insurance in the U.S. (due September 30, 2012); and (2) a report describing the impact of the Nonadmitted and Reinsurance Reform Act on state regulators’ access to reinsurance information for regulated companies in their jurisdictions (due January 1, 2013).

HUD Disparate Impact Rule

Earlier this year, the Department of Housing and Urban Development ("HUD") promulgated a rule establishing a standard of liability for practices under the Fair Housing Act5 ("FHA") that have a disparate impact on a protected class, even if these practices are not motivated by discriminatory intent. The new rule provides that a practice has a discriminatory effect if it “actually or predictably results in a disparate impact on a group of persons or creates, increases, reinforces, or perpetuates segregated housing patterns because of race, color, religion, sex, handicap, familial status, or national origin.”6

Because HUD has interpreted the FHA to apply to the provision of homeowners’ insurance,7 the rule has raised significant concerns for insurers. The insurance industry has opposed HUD’s FHA interpretation on the basis that the imposition of disparate impact liability to insurers would severely disrupt long-established actuarial and ratemaking practices and would impair existing state regulation of insurance. The industry contends an essential element of setting insurance rates is the classification of insureds into groups through an accurate assessment of risk factors. This process necessarily differentiates among classes of individuals based on the level of risk of each class. In this process, insurers contend they have multiple incentives not to discriminate based on protected characteristics, because these characteristics have no bearing on risk factors for insuring property, and because state law typically prohibits insurers from considering such factors in their classification and rating decisions. However, the specter of disparate impact liability that could result from the unintended discriminatory effect of an insurance classification could force insurers to incorporate factors not linked to risk into their rating and classification practices. This would result in rates that are not rooted in sound insurance principles. Industry advocates further contend that because many states prohibit insurers from considering factors, such as race or religion in their rating decisions, insurers would be faced with the dilemma of either violating state law, or being subject to disparate impact liability. These perverse incentives would frustrate the operation of state laws regulating the business of insurance, in contravention of the reverse-preemption principle of the McCarran-Ferguson Act.

The issue of whether a disparate impact claim is cognizable under the FHA is currently before the United States Supreme Court in the case of Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.8 HUD promulgated its disparate impact rule while the petition for writ of certiorari in this case was pending, so the rule itself is not specifically at issue in this case. However, HUD’s rule has been the focus of multiple amicus briefs in the Mt. Holly case in which the above arguments were laid out, including a joint brief filed by the major U.S. property/casualty trade associations. The United States Solicitor General filed a brief in which he argued a review of disparate impact liability under the FHA was unwarranted because HUD’s new rule had addressed the issue. The Court granted review, and a decision that disparate impact liability is unavailable under the FHA could effectively invalidate the rule. Oral arguments have not yet been scheduled. 

The Federal Housing Finance Agency and Force-Placed Insurance

The Federal Housing Finance Agency ("FHFA"), which oversees the operations of Fannie Mae and Freddie Mac, recently proposed restrictions on force-placed insurance. Specifically, in a notice dated March 29, 2013, the FHFA proposed rules that would prohibit the use of commissions and reinsurance by Fannie Mae and Freddie Mac in the force-placed insurance market. The notice provides 60 days for comment, and further states that, four months subsequent to the receipt of such comments, Fannie Mae and Freddie Mac will provide “aligned guidance to sellers and servicers, including implementation schedules related to these particular lender placed insurance practices.” Although the FHFA held a private meeting with “stakeholders” (i.e., banks, insurers, brokers, regulators, and representatives of trade and consumer groups) in June, reports indicate that the FHFA may delay enacting any reforms until next spring.10

The FHFA’s proposed restrictions came at approximately the same time that the New York Department of Financial Services ("DFS") entered into settlement agreements with the country’s largest force-placed insurers.  As a condition to the settlements, all force-placed insurers in New York agreed to implement reforms, which include restrictions on affiliate reinsurance transactions and commissions. In April 2013, Benjamin Lawsky, Superintendent of the DFS, sent a letter to other state insurance commissioners urging them to implement New York’s force-placed reforms nationwide.

FRB Gearing Up for Insurer Supervision Post-FSOC Designations

The Federal Reserve Board (“FRB”) remains an entity of much interest and concern for the insurance community as it moves closer to explaining just what Dodd-Frank “enhanced supervision” will mean to those insurers designated as systemic by Financial Stability Oversight Council.


1Pub. L. 107-297, 116 Stat. 2322.
2The Treasury Department’s July 16, 2013 request for comments can be found at the following link: http://www.gpo.gov/fdsys/pkg/FR-2013-07-16/pdf/2013-16977.pdf. The 2006 report can be found at http://www.treasury.gov/resource-center/fin-mkts/Documents/report.pdf, and the 2010 report can be found at http://www.treasury.gov/resource-center/fin-mkts/Documents/PWG%20Report%20Final%20January%2013.pdf.
3The Treasury Department’s notice of this meeting can be found at the following link: https://www.federalregister.gov/articles/2013/09/03/2013-21362/open-meeting-of-the-federal-advisory-committee-on-insurance.
4Pub. L. No. 112-141, 126 Stat. 405 (codified as amended at 42 U.S.C. §§ 4001-4129).
542 U.S.C. §§ 3601-3631.
6See 24 C.F.R. § 100.500(a).
7See 24 C.F.R. § 100.70(d)(4).
8See Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., 658 F.3d 375 (3d Cir. 2011), cert. granted, 80 U.S.L.W. 3711 (U.S. June 17, 2013) (No. 11-1507).
9The notice can be found at the following link: https://webapps.dol.gov/federalregister/PdfDisplay.aspx?DocId=26746.
10See Jeff Horwitz, FHFA to Hold Private Meetings on Force-Placed Insurance, American Banker (June 10, 2013).

 

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.

© Eversheds Sutherland (US) LLP | Attorney Advertising

Written by:

Eversheds Sutherland (US) LLP
Contact
more
less

Eversheds Sutherland (US) 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.