Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: March 2018

by Mintz

Overview of Qui Tam Activity

  • We identified 56 health care related qui tam cases that were unsealed in October and November 2017.
  • The intervention rate for those unsealed cases was 20%, which is consistent with longer-term trends seen over the trailing twelve months.  Of the 40 cases where the docket reports that the government declined to intervene, only 16 were dismissed immediately after declination, with the remaining 24 cases at least initially being litigated by relators.
  • The 56 unsealed cases were filed in 34 different courts.  Jurisdictions with the most unsealed cases were the Western District of Pennsylvania (which includes Pittsburgh) with five, the Central District of California (which includes Los Angeles) with four, and three cases unsealed in each of the District of Arizona, the Eastern District of Texas (Beaumont, Marshall, and Texarkana), and the Eastern District of New York (Brooklyn, Queens, and Long Island).
  • Hospitals and healthcare systems were most frequently targeted, accounting for 10 of the 56 unsealed cases.  Eight cases were brought against pharmaceutical companies and six targeted pharmacies.
  • As is typical, former employees were the most frequent relator type, accounting for 23 of the 56 unsealed cases.  Current employees only brought four of the cases.  Experts and consultants accounted for eight cases.
  • None of the cases were unsealed within the 60-day period specified by statute.  The shortest time under seal was 71 days; the longest was over seven years.  Twenty of the 56 unsealed cases were unsealed in less than a year, but the average time under seal was about two-and-a-half years.

Featured Cases

United States ex rel. Health Choice Group, LLC v. Bayer Corp., No. 17-cv-00126-RWS-CMC (E.D. Tex.)

Complaint Filed: June 19, 2017

Complaint Unsealed: October 31, 2017

Intervention Status:The government declined to intervene.

Claims: False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. and various state health care fraud and false claims act statutes

Defendants' Businesses: Defendants Bayer Corporation (“Bayer”), Amgen Inc. (“Amgen”), and Onyx Pharmaceuticals, Inc. are pharmaceutical companies.  (Amgen and its subsidiary, Onyx, are collectively referred to as “Amgen”).  Defendant AmerisourceBergen Corporation (“Amerisource”) is a leading pharmaceutical wholesaler.  Lash Group (“Lash”), a subsidiary of Amerisource, is a healthcare consulting firm that offers both clinical nurse educator services as well as reimbursement support services.

Relator: Health Choice Group, LLC (“Health Choice”)

Relator’s Relationship to Defendant: Health Choice is an affiliate of the National Healthcare Analysis Group, a research organization based in New Jersey founded by a former relator-side attorney, John Minnino, for the purpose of identifying, developing, and bringing FCA lawsuits against health care related entities.

Relator’s Counsel: Samuel F. Baxter of McKool Smith P.C. and Mark Lanier of The Lanier Firm

Summary of Case: This lawsuit involves the marketing of Betaseron, a Bayer product approved for the treatment of multiple sclerosis, and Nexavar, a product co-marketed by Bayer, Amgen, and Onyx approved for the treatment of cancer.  The relator alleges that defendants Bayer and Amgen, with assistance from Amerisource and Lash, unlawfully marketed Betaseron and Nexavar by (a) providing in-kind remuneration in the form of free nursing education and patient management services, which can reduce the time a physician spends providing oversight and follow-up care to patients; (b) providing nurse educators to recommend Betaseron and Nexavar to prescribers and patients, who were allegedly acting as undercover sales reps for Bayer and Amgen, a practice known as “White Coat Marketing”; and (c) providing in-kind remuneration in the form of reimbursement support services, allegedly saving prescribers thousands of dollars in administrative expenses.  The defendants purportedly utilized these practices to induce the providers to prescribe Betaseron and Nexavar in violation of the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b. (the “AKS”), the FCA and various state laws. The relator asserts that, as a result of the defendants’ practices, pharmacies have submitted and continue to submit claims to Medicare and Medicaid that were “tainted by kickbacks,” causing these programs to pay billions of dollars in improper reimbursements.

Current Status: This case is still in the early stages.  On October 30, 2017, the United States declined to intervene in this case, which led to the unsealing of the complaint one day later on October 31, 2017.  The relator filed an amended complaint on January 12, 2018.  None of the defendants have formally responded to the amended complaint.

Reasons to Watch: This case is one of three filed by the relator and its counsel in the Eastern District of Texas in 2017 containing similar allegations.  See also Health Choice Advocates, LLC v. Gilead Sciences, Inc., 5:17-cv-00121-RWS-CMC and Health Choice Advocates, LLC v. Eli Lilly and Company, Inc., 5:17-cv-001234-RWS-CMC.  While the government declined to intervene, this case and its counterparts are worth watching as examples of FCA and AKS cases that focus on conduct by pharmaceutical companies that allegedly blurs the line between healthcare providers, such as physicians and nurses to whom patients traditionally look for unbiased medical advice, and sales representatives who are tasked with increasing the use of certain pharmaceuticals as part of patients’ treatment regimens.  It remains to be seen whether the free services provided by the defendants will be found to be unlawful kickbacks to prescribers in violation of the FCA.  This case also warrants attention because it raises the question of whether Bayer’s and Amgen’s alleged payments to Amerisource and Lash in exchange for the deployment of nurse educators to recommend their products to patients and prescribers legally circumvents the anti-kickback laws that have been viewed in certain circumstances to prohibit companies like Bayer and Amgen from directly employing and utilizing these nurse educators.

United States ex rel. Schaller v. Prime Diagnostics Imaging Corporation, Inc., No. 2:12-cv-05579-JFB-AYS (E.D.N.Y.)

Complaint Filed: November 13, 2012

Complaint Unsealed: November 15, 2017

Intervention Status: Partial intervention by the United States on November 15, 2017, as against Drs. Anna Lerner Angeles, Marc Allen, and Anthony Rizzo. 

Claims: FCA, 31 U.S.C. § 3729 et seq.

Defendants' Businesses: Prime Diagnostics Imaging Corporation, et al., (“Prime Diagnostics”) provides noninvasive diagnostic imaging services, including ultrasound services.  The complaint also names several individual physicians who offered services from Prime Diagnostics in their offices.

Relators: Victor Schaller, Jr. (“Schaller”) and Joseph Faiella-Tommasino, PA, Ph.D. (“Tommasino”)

Relator’s Relationship to Defendant: Schaller was originally hired as an outside accountant for Prime Diagnostics and then served as its Chief Financial Officer.  Tommasino was a consultant who introduced Prime Diagnostics to medical practices interested in offering its services.

Relator’s Counsel: Obermayer Rebmann Maxwell & Hippel LLP

Summary of Case: The relators allege that Prime Diagnostics paid illegal kickbacks to physicians to induce them to order its diagnostic imaging services.  The defendants purportedly disguised these kickbacks as payments for renting office space in the physicians’ offices.  The defendants used this office space for administering Prime Diagnostics’ diagnostic imaging services to the physicians’ patients.  The complaint asserts that the defendants based the rental payments on the volume and value of referred services from the physicians to Prime Diagnostics and exceeded fair market value.  The amounts of rental payments allegedly ranged from $12,000 to $48,000 per year.

Current Status: On December 27, 2017, the United States and the relators entered into settlement agreements with defendants Angeles, Allen, and Rizzo, against whom the United States had intervened. The relators continue to pursue their claims against the remaining defendants, and litigation is still pending.

Reasons to Watch: This an example of what has recently become a common government enforcement scenario.  A supplier of items or services sets up an arrangement that is structured to satisfy the AKS safe harbors and the Stark Law’s exceptions, but the amounts paid under the arrangement do not comply.  When trying to comply with the safe harbors, providers must remember that all of the elements must be satisfied and that payments should not be based on the volume or value of referrals.

United States ex rel. Martino-Fleming v. South Bay Mental Health Centers, No. 1:15-cv-13065-PBS (D. Mass.)

Complaint Filed: August 11, 2015

Complaint Unsealed: October 30, 2017

Intervention Status: The Commonwealth of Massachusetts elected to intervene on October 30, 2017; the United States declined to intervene on November 1, 2017.

Claims: FCA, 31 U.S.C. § 3729 et seq.; Massachusetts False Claims Act, Mass. Gen. Laws c. 12, §§ 5A et seq.; Massachusetts Medicaid False Claims Act, Mass. Gen. Laws c. 118E, §§ 40 and 44; 130 C.M.R. §§ 450.237, 450.260(A), and 450.260(I)

Defendants' Business: South Bay Mental Health Center (“South Bay”) provides mental health services through 17 mental health clinics in Massachusetts.  South Bay employs over 500 clinicians and provides services to over 30,000 patients per year.

Relator: Christine Martino-Fleming

Relator’s Relationship to Defendant: The relator is a licensed mental health counselor who worked for South Bay as its Coordinator of Staff Development and Training.  She was responsible for training South Bay’s clinicians in documentation and billing and for examining qualifications of clinicians and their supervisors.

Relator’s Counsel: Waters & Kraus, LLP

Summary of Case: The relator alleges that South Bay knowingly submitted false claims to Massachusetts Medicaid, Massachusetts Behavioral Health Partnership, and several Managed Care Organizations for mental health services provided by unlicensed, unqualified, and unsupervised clinicians employed by South Bay.  The complaint asserts that many of South Bay’s clinicians are therapists who hold master’s degrees but are not licensed as social workers in accordance with Massachusetts regulations.  These clinicians thus need to be supervised by a qualified supervisor to meet the regulatory requirements.  For example, some clinicians purportedly had degrees from unaccredited schools or were missing core clinical classes and were therefore ineligible for licensure.  In addition, the complaint alleged that South Bay’s supervisors were also not always appropriately qualified and that South Bay did not provide sufficient supervision to some of its unlicensed and least experienced clinicians.  Claims submitted in connection with care provided by purportedly unlicensed clinicians were alleged to constitute false claims in violation of the FCA.

Current Status: The parties are still actively litigating the case. Most recently, on February 16, 2018, the defendants filed a motion to dismiss the complaint.  The defendants argued that the complaint failed to identify when and whether any claims for payment arising out of the alleged regulatory violations were made or paid.  Therefore, the defendants contended that the relator’s complaint failed to provide representative claims and did not allege any false claims with particularity.

Reasons to Watch: Although the federal government declined to intervene in this case, the Commonwealth of Massachusetts chose to intervene in the alleged violations of Massachusetts state law. The Commonwealth’s Attorney General will continue to pursue the case in federal court, without assistance from the federal government.  The allegation of unlicensed care provided in violation of Massachusetts regulations parallels Universal Health Services v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), which addressed the question of whether alleged failure to comply with those very regulations was sufficiently material to give rise to FCA liability.  In addition to arguing that fraud is not pleaded with requisite particularity, the defendants in this case also seek dismissal for failure to satisfy the materiality standard set forth in Escobar.  Thus, this case will continue the development of law concerning materiality in the wake of Escobar.

Health Care Qui Tam Litigation Trends

Mintz Levin maintains a database of unsealed health care qui tam actions.  This enables us to follow and analyze trends in the cases that have been unsealed.  The following are some trends in qui tam filings against health care-related entities in the twelve months ended January 31, 2018:

Where were cases filed?  Although cases were unsealed in jurisdictions throughout the country, some interesting trends have emerged as to jurisdictions where the most cases have been unsealed:

Court Jurisdictions

Over the twelve months ended on January 31, there was significant activity in California, with the Central District – which includes Los Angeles – being most active.  Florida – including the Southern District (Miami) and the Middle District (Tampa, Orlando, and Jacksonville) continues to be active, as are courts in Ohio.

What kinds of businesses were targeted?  Hospitals, pharmaceutical manufacturers, outpatient clinics, hospices and pharmacies were most frequently sued in cases unsealed over the 12-month period ended January 31, 2018.

Defendant Type

Who brought the cases?  The various relator types can be seen in the following chart.  The categories in the key are shown in the pie chart with “Current Employee (Non-Legal/Compliance)” at 12 o’clock and then continuing clockwise around the chart.

Relators Relationship

As is typical, the ranks of relators consist overwhelmingly of current and former employees.  But the significant presence of contractors on the lists demonstrates that service providers can also be a source of whistleblower lawsuits.  Expert relators also appear to be a growing segment.

How frequently did the government intervene?

Government Intervention


Intervention rates continue to be extremely low, with the government declining to intervene in almost four out of every five cases unsealed over the twelve months ended January 31, 2018.

[View source.]

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.

© Mintz | Attorney Advertising

Written by:


Mintz 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 (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

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 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 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 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

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:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (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
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit 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 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:

- 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.