March 2016 Independent Contractor Misclassification and Compliance News Update

Pepper Hamilton LLP
Contact

The cases reported in this update continue to reflect the fact that IC misclassification cases cut across virtually all industries. Below are IC misclassification cases from such diverse industries as insurance, ride-sharing, restaurant, and the home heating and alarm industries. A Forbes article entitled “Is Your Company on the Independent Contractor Hit List,” written by a co-publisher of this blog and posted last June by Daniel Fisher, a senior editor at Forbes, lists 13 industries as being “in the crosshairs of [federal] regulatory agencies” and another nine industries being specifically targeted by one state, New York, which published a list of industries with the “highest incidence of worker misclassification.”  The Forbes article also lists 22 industries “hit” by class action lawsuits.

What’s the takeaway from these industry-wide regulatory and class action proceedings? As one of our co-publishers was quoted in a March 28, 2016 article reported at the end of this update: “A business acts at its peril if it fails to properly structure and document the independent contractor relationship. That may seem like it’s just dotting your ‘i’s and crossing your ‘t’s, but many of the factors looked at by the courts are counter-intuitive. Most companies don’t even get close to doing it right. Even large companies like FedEx and Uber have had trouble getting it right, and their own documents have been used against them in misclassification lawsuits, sometimes at great expense.” While there is no simple answer, the co-publishers of this blog suggest how to do so in our White Paper on how to minimize the risks of independent contractor misclassification. 

In the Courts (5 cases)

  • INSURANCE AGENTS GAIN CLASS CERTIFICATION IN ERISA IC MISCLASSIFICATION CASE. An Ohio federal district court granted class certification in a class action lawsuit by insurance agents alleging that as a result of being misclassified as independent contractors by American Family Insurance Group, the agents were denied benefits to which they were allegedly entitled to as employees under the company’s ERISA-governed insurance and retirement plans. There were three proposed classes that were certified in this case, two relating to termination benefits and one relating to health, dental, life, and disability benefits. Jammal v. American Family Insurance Group, No. 13-cv-00437-DCN (N.D. Ohio Mar. 2, 2016).
  • SEATTLE ORDINANCE PERMITTING RIDE-SHARING DRIVERS TO UNIONIZE IS CHALLENGED BY BUSINESS GROUP. The U.S. Chamber of Commerce sued the City of Seattle in federal district court in Washington for allegedly violating federal antitrust laws by issuing an ordinance allowing for collective bargaining and unionization of for-hire taxi and limousine drivers and drivers for app-based companies such as Lyft and Uber, who are providing services as independent contractors. According to its complaint, the Chamber of Commerce alleged that the ordinance will burden innovation, increase prices, and reduce quality and service for consumers. It claims: “Absent judicial intervention, the City of Seattle and thousands of other municipalities would be free to adopt their own disparate regulatory regimes, which would balkanize the market for independent-contractor services and inhibit the free flow of commerce among private service providers around the nation.” Addressing this issue, Richard Reibstein, a co-author of this blog, was quoted in a Reuters News Service article by Heather Somerville and Dan Levine on March 4, 2016: “If a municipality could pass an ordinance of this nature addressed to the ride-sharing industry, it could pass an ordinance of this nature against any industry and all industries. The law is a threat to all businesses the Chamber represents.” Chamber of Commerce of the United States of America v. City of Seattle, No. 16-cv-00322 (W.D. Wash. Mar. 3, 2016).
  • RESTAURANT DELIVERY DRIVERS FOUND TO BE MISCLASSIFIED AS IC’S AS A MATTER OF LAW UNDER FEDERAL AND ILLINOIS LAW. A federal district court in Illinois granted summary judgment as a matter of law in favor of restaurant delivery drivers in their IC misclassification class action against two restaurants, Butterfly Sushi and Butterfly Thai Restaurant. The lawsuit sought recovery for minimum wage and overtime pay under the federal Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law. The court applied the “economic realities” test for both the FLSA and state wage law claims, examining six factors: (1) the degree of control exerted by the company over the manner in which work was performed; (2) the workers’ opportunity for profit and loss; (3) the workers’ investment in equipment and materials needed for the task; (4) the specialized skill of the workers; (5) the degree of permanency of the relationship; and (6) the extent to which the services rendered were an integral part of the companies’ businesses. In concluding that the drivers were employees and not ICs, the court found that the restaurants retained significant control over the drivers’ work by setting the shift schedules, determining the delivery fees, and directing the drivers to more efficient routes; no profit or loss was dependent on the drivers’ initiative, judgment or energy, and any reduction in earnings due to fewer orders resulted in a loss of tips, not a loss of investment; there was no evidence that the drivers in fact made any investments in specialized equipment; no special skills were required; the drivers were hired to perform the work indefinitely; and food delivery was an integral part of the restaurants’ business. While the court expressed a willingness to consider other factors besides those six, it awarded judgment in favor of the drivers. Arunin v. Oasis Chicago Inc. d/b/a Butterfly Sushi and Butterfly Thai Restaurant, No. 14-cv-6870 (N. D. Ill. Mar. 4, 2016).
  • CONNECTICUT SUPREME COURT CLARIFIES STATE “ABC” TEST FOR IC’S IN UNEMPLOYMENT PROCEEDING INVOLVING HOME HEATING OIL INSTALLERS AND TECHNICIANS. The Connecticut Supreme Court reverses a lower court and holds that installers/technicians that provide services to home heating and alarm system customers of Standard Oil of Connecticut are ICs and not employees under the state’s three-pronged ABC test for purposes of unemployment insurance contributions. In analyzing Prong A, which requires the company to show that the worker is free from control and direction in connection with the performance of services both in contract and in fact, the court concluded that Prong A was met because, among other things: the installers/technicians were free to accept or reject engagements without adverse consequences by the company; they owned and operated their own tools, machinery, and heavy duty vehicles; they were licensed and certified under state law; they entered into IC agreements with the company expressly providing that each would use his/her independent judgment and control in the execution of services; they were not supervised by the company and their work was not inspected; they chose when they wanted to work; they had and advertised their own independent businesses; they realized a profit or loss; and they were not required to undertake any training or wear specific uniforms. As to Prong B, the company was required to show that the services performed by the installers/technicians was “performed outside of all the places of business of the enterprise for which the service is performed.” Connecticut courts and administrative agencies had previously held that the term “places of business of the enterprise” included the homes of the business’s customers, but the Connecticut Supreme Court disagreed, stating: “‘[P]laces of business’ in the present context should not be extended to the homes in which the installers/technicians worked, unaccompanied by the [company’s] employees and without the [company’s] supervision. The homes of the plaintiff’s customers, unlike the plaintiff’s business offices, warehouses and other facilities, were under the homeowners’ control.” The court noted that it was not the company, but rather the homeowners, that determined when access to their homes was convenient, brought the installers/technicians to locations within their homes where equipment was to be installed; and identified problems with the installation process or equipment during the warranty period. Because Prong C (requiring the business to show that the workers were customarily engaged in an independently established business, occupation, trade, or profession) had already been met in prior proceedings, it was not addressed by the Connecticut Supreme Court, which held that the company met each of the three prongs of the ABC test. Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act, No. SC 19493 (Sup. Ct. Conn. Mar. 15, 2016).
  • LYFT’S $12.25 MILLION PROPOSED SETTLEMENT WITH DRIVERS MAY BE IN JEOPARDY. On March 24, 2016, the federal district court judge overseeing the class action lawsuit brought by over 100,000 drivers for Lyft in California conducted a “fairness hearing” on the proposed $12,250,000 IC misclassification settlement between Lyft and the lawyers representing the drivers. As more fully discussed in our blog post of March 15, 2016, which was updated on March 24 following the hearing, five Lyft drivers and two Teamsters union councils objected to the terms of the proposed class action settlement, arguing that the proposed settlement does not require Lyft to reclassify the drivers as employees and allows Lyft to maintain its current IC business model. Both prior to and at the hearing, the judge expressed concern about a number of issues including the very modest amount of recovery, relatively speaking, for each driver in view of the amount of damages ($170,000,000) that the drivers would recover if they prevailed. Cotter v. Lyft, Inc., No. 3:13-cv-04065-VC (N.D. Cal. Mar. 24, 2016).

Regulatory and Enforcement Initiatives (2 items)

  • IRS NEARING COMPLETION OF ANALYSIS OF DATA COLLECTED FROM NATIONAL EMPLOYMENT TAX SURVEY. Over the past three years, the IRS conducted 6,000 comprehensive employment tax audits. One of the objectives was to determine which industries have higher incidences of noncompliance in areas including worker misclassification. At the American Payroll Association Capital Summit held on March 21, 2016, John Tuzynski, Chief of Employment Tax and Specialty Programs for the Small Business Self-Employed Division (SB/SE) of the IRS, reportedly explained that the results of the study, due in early 2017, will help the IRS more efficiently direct its limited resources to specific examination efforts and bolster its compliance programs.
  • U.S. LABOR DEPARTMENT TO UPDATE SURVEY MEASURING INCIDENCE OF CONTINGENT AND ALTERNATIVE WORK ARRANGEMENTS. The Bureau of Labor Statistics (BLS) of the U.S. Department of Labor announced that it is updating a survey last conducted in 2005 measuring contingent and alternative work arrangements. According to a BLS blog post on March 3, 2016, the survey is to be conducted as part of the May 2017 Current Population Survey and will pose questions that will identify workers with contingent or alternative arrangements; measure workers’ satisfaction with their current arrangement; and measure earnings, health insurance coverage, and eligibility for employer-provided retirement plans. President Obama’s latest proposed budget requests funding for BLS to permanently conduct a supplement to the survey annually. The blog post noted that if Congress approves the requested funding, BLS’s goal is to ask the questions regarding contingent and alternative arrangements every two years, with questions on other topics in the alternating years.

Other Noteworthy Matters (1 item)

  •  “Contractor or New Hire?” In a March 28, 2016 article by Audrey Henderson in IE3 Media entitled “Contractor or New Hire?” Richard Reibstein, co-publisher of this blog, set forth his views on whether a company should engage ICs or hire employees. He stated that there should be a threshold analysis of a company’s structure and needs and that “[t]he key is whether the business [must] tell the individual how to do the job.” He continued: “If you only need to tell the person what to do and not how to do it, then hiring a contractor is a cost-saving option under most state and federal laws.” He also identified some of the pitfalls of not being proactive in identifying areas where IC compliance can be enhanced: “A business acts at its peril if it fails to properly structure and document the independent contractor relationship. That may seem like it’s just dotting your “i”s and crossing your “t”s, but many of the factors looked at by the courts are counter-intuitive. Most companies don’t even get close to doing it right. Even large companies like FedEx and Uber have had trouble getting it right, and their own documents have been used against them in misclassification lawsuits, sometimes at great expense.”

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.

© Pepper Hamilton LLP | Attorney Advertising

Written by:

Pepper Hamilton LLP
Contact
more
less

Pepper Hamilton 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.