NC Legislative Update - July 2016

by Nexsen Pruet, PLLC
Contact

Nexsen Pruet, PLLC

Last Week

Following a fast paced week, the legislature adjourned the 2015-16 Session sine die on Friday, July 1st, just before midnight. After convening on April 25th, lawmakers completed the short session in just 68 days, a far cry from last year’s long session which lasted 9-months. Self-imposed pressure to adjourn prior to the 4th of July weekend loomed throughout the week, causing a number of bills to move very quickly through both chambers. Perhaps more interesting than the legislation that did pass are the high-profile proposals that failed to gain the approval of both chambers in the final hours of session. There are still a number of bills remaining on the Governor’s desk. He has 30 days from the end of the legislative session to sign or veto the bills or they become law without his signature. 
Legislators end short session – Wilkes Journal-Patriot 
Several high-profile bills left behind by lawmakers – WRAL 
What NC lawmakers did – and didn’t do – in the short session – Charlotte Observer

The failure of two local bills in the House sponsored by two powerful Senators was evidence of the friction between the two chambers and was largely responsible for an abrupt adjournment. The House Finance Committee rejected Senate Bill 46 entitled Jacksonville Occupancy Tax, sponsored by Sen. Brown (R-Onslow), the Senate Majority Leader and Senior Appropriations Chairman. The bill would have used revenues from the tax to build a sporting complex or stadium. During a contentious debate, several House members noted that the bill violated a House rule requiring revenues from occupancy taxes be used to promote tourism. Later that evening, the full House rejected Senate Bill 897, sponsored by Sen. Apodaca (R-Henderson), the Senate Rules Chairman, which would have redistricted the City of Asheville. Sen. Apodaca was in the House chamber when a bipartisan coalition voted 47-59 against the measure. When approached by reporters Sen. Apodaca, who is retiring from the Senate, said "I'm sure they're just sending a goodbye present to me." 
Fractious House shoots down Asheville redistricting measure – WRAL 
House Republicans stood up to questionable process – Citizen-Times

Discussions began earlier in the week regarding a potential change to House Bill 2, amid concerns that the NBA would move next year’s All-Star game out of Charlotte. Governor McCrory (R) addressed a joint caucus of House and Senate Republicans to discuss the proposed changes. He also met independently with Senate Democrats at the Governor’s mansion in an attempt to move forward with the “fix”. Draft legislation circulated later in the week included restoring a plaintiff’s ability to file discriminatory termination suits in State Court among other minor changes. The NBA however issued a press release stating that the changes were insufficient. In the final hours of Friday night, lawmakers used a Conference Committee for House Bill 169 to strip all of the regulatory reform language from the bill and pass a stand-alone provision restoring plaintiff’s ability to sue in state court for wrongful discharge due to discrimination. Prior to HB2, the statute of limitations was three years which was reduced to one under this change. The budget technical corrections bill also contained an appropriation of $500,000 to defend the State in litigation over HB2. 
NBA, Hornets not satisfied with latest revisions to HB 2 – CBJ 
Bipartisan coalition to pass HB2 changes fell apart amid pressure from Roy Cooper – WBTV 
Lawmakers reverse small piece of HB2 – WRAL 
Lawmakers set aside $500,000 for HB2 litigation – WRAL

House Bill 169 was not the only piece of regulatory reforming legislation that failed to pass. Other bills that failed included: Senate Bill 303 the Regulatory Reform Act of 2016; House Bill 763 the Military Operations Protections Act of 2016 which included restrictions on wind farms; and House Bill 593 Amend Environmental & Other Laws. Several other high profile bills also failed to gain the approval of both chambers including:

House Bill 3 – Omnibus Constitutional Amendments which contained three independent constitutional amendments dealing with: reducing the maximum income tax from 10% to 5.5%; preserving the right to hunt and fish; and eminent domain
House bill 100 – Local Government Immigration Compliance, which would withhold state funding to cities and counties for roads and schools if they were not following state laws on immigration; and prevent police officers from accepting ID cards from nonprofit groups and local governments to identify people
House Bill 954 – Terminate Agreement for Tolling of I-77
Senate Bill 821 – GSC Technical Corrections 1

The legislature successfully passed House Bill 959, entitled DOT Proposed Legislative Changes, which makes revisions to various transportation laws. One provision requires individuals riding a bicycle to have a red rear light or wear a reflective vest or clothing visible from a distance of at least 300 feet from the rear when riding at night. Another section repeals a law that makes it an infraction for a vehicle owner who fails to sign their registration card with pen and ink upon receipt. The most notable provision repeals the MAP Act, a law that allowed DOT to restrict the use of private property falling under a proposed corridor for a potential future project. The MAP Act was recently found unconstitutional by the NC Supreme Court.
House Passes bill effectively nullifying Map Act – Carolina Journal

The legislature also passed House bill 972, which regulates the disclosure of footage from police body cameras and dashboard cameras statewide, excluding both from public record laws. Concerns about transparency were raised as reviewing the footage will be more difficult under the new legislation. The bill awaits action from the Governor.
NC Senate votes to regulate release of body-cam footage – N&O

The House Insurance Committee heard House Bill 1048, entitled Reduce Barriers to Improve NC Health & Safety. The bill would prevent health insurers from requiring a process called Step Therapy, whereby patients must try less expensive, generic drugs before insurance will cover a more expensive drug. The bill was vigorously opposed by insurance companies, as well as the NC Chamber and the NC chapter of the National Federation of Independent Business. Opponents of the bill claim that the bill was a health insurance mandate and would further raise the costs of healthcare on employers. Proponents argued that the medicine that works best should be paid for without risking the health of the patient, with the physician making the decision for the patient. Rep. Lewis (R-Harnett) ultimately pulled his own bill, saying that he expected it would have passed the Committee, but that there was not enough time to get the bill through both chambers before adjournment. He also noted that he intends to revisit the issue next year.
Legislator kills his own prescription drug bill after battle with insurance companies – N&O

The House will be without a stalwart of the chamber when the 2017-18 Session convenes in January. Longtime and beloved House Principal Clerk, Denise Weeks will retire by the end of the year. She had intended to retire on May 1st, but was convinced by leaders in both parties to stay on through the short session. To prevent her from retiring altogether, bipartisan legislation, House Bill 1019, was filed by Rep. G. Martin (D-Wake) and Rep. Torbett (R-Gaston). The bill establishes duties a Principal Clerk of the House of Representatives must realize to be eligible for retirement and was debated by the Committee of the Whole, which is the full House. The bill paid homage to Mrs. Weeks, recognizing her many accolades as requirements for retirement eligibility, with the exception of one. The last duty in the proposed legislation requires the House Principal Clerk to serve in the role for 50 years, preventing her from retiring for another 27 years. The House passed the resolution unanimously in the last few minutes of the session. The problem is Denise plans to retire anyway.

Legislation in the News:
Some NC teachers concerned over proposed background check law – WNCN
NC Senate opts against vote on Whitewater Center plan – Charlotte Observer
Achievement School District clears NC General Assembly – Winston-Salem Journal
Needle/ Syringe Exchange Bill Has Good Shot at Becoming Law – NC Health News
Lead testing, water park testing bill clears House – WRAL
North Carolina Governor Signs Bitcoin Bill Into Law – Coin Desk
Bill would force NC attorney general to defend redistricting, other local acts – Winston-Salem Journal

Budget Highlights

After reaching an agreement on the 235-page, $22.34 Billion budget, the two chambers passed the Conference Report for House Bill 1030, a 2.8% spending increase over 2015. The Senate passed the budget, largely along party lines 36-14, with Senators Clark (D-Cumberland) and Smith (D-Columbus) voting with the Republican majority. The House passed the budget with strong bipartisan numbers 91-22, with 19 Democrats voting with the Republican majority. Among other provisions, the budget:

  • Provides additional $475 Million to the Savings Reserve Account, or “rainy day fund”, bring the total to nearly $1.6 Billion, close to 8% of state’s annual spending, in reserves for any future economic downturns
  • Increases the standard deduction on personal income, or the “zero tax bracket” for married filing jointly, from $15,500 to $17,500, over 2 years in $1,000 increments.
    Provides $500,000 for Zika virus prevention
  • Uses $18 million from the sale of the Dorothea Dix campus to expand inpatient behavioral health beds targeting rural areas
  • Provides $7.7 million for graduate medical residency program at Cape Fear Valley Medical Center
  • Provides $11 Million to create a Asheville campus for the UNC School of Medicine
  • Funds additional 300 slots for Alzheimer’s patients and their families through the Community Alternative Program for Disabled Adults
  • Increases average teacher pay from $47,783 to $54,224 over the next three years
  • Establishes a pilot program awarding performance based bonuses for 3rd grade teachers
  • Fully funds enrollment growth for K-12, community colleges and university system
  • Establishes $34.8 Million opportunity scholarship grant fund reserve for need-based scholarships
  • Establishes tuition reimbursement pilot program for up to 25 teacher assistants per County in Anson, Franklin, Moore, Richmond, and Scotland Counties who pursue a full teaching degree
  • Reduces in-state tuition to $500 per semester at Western Carolina University, Elizabeth city State University, and UNC Pembroke beginning in 2018, and stabilize tuition increases at other institutions
  • Permanent 1.5% pay increase; 0.5% one-time bonus for state employees; and 1.6% cost of living bonus for retired state employees
  • Repeals the $500,000 cap on state funding for light rail projects effective for the next round of project prioritization, but adds other restrictions
  • Provides additional $32 Million for Strategic Transportation Investment, allowing for new highway projects over the next decade

House Dems criticize state budget, but many vote for it – WRAL
NC budget compromise: Teacher raises, low college tuition, tax cut – N&O
Highlights of North Carolina government budget agreement – WRAL

Coal Ash

Following Gov. McCrory’s veto of Senate Bill 71, which made changes to the Coal Ash Management Act, the two chambers passed House Bill 630, a compromise on the issue between the legislative and executive branches. After meeting privately with the Governor and House leaders, the Senate used the “gut and amend” tactic to put the language in a House Bill that had been sitting in the Senate Rules Committee since April of last year. The bill repeals all provisions related to the Coal Ash Management Commission in the General Statutes and modifies appointments and other provisions governing the Mining Commission and the Oil and Gas Commission. It also requires the owner of a coal ash basin to provide permanent alternative water supplies for residents in areas surrounding the site. It also allows for the reconsideration of risk classifications for coal ash basin based on fulfillment of certain criteria, allowing some of the basins to be classified as low-risk and capped in place. This legislation could save Duke Energy millions of dollars in cleanup costs. Environmental groups opposed the legislation which now awaits action from the Governor.
Lawmakers approve easing coal ash law – WRAL

Farm Bill

The House approved a PCS for Senate Bill 770, the NC Farm Act of 2016, sponsored by Sen. Jackson (R-Sampson). The Senate concurred with the House changes and the bill now awaits action from the Governor. The bill, among other provisions:

  • Grants the Department of Agriculture and Consumer Services (DACS) several new powers to enforce the DACS bedding sanitation program
  • Authorizes DACS to appoint and deploy agricultural emergency response teams to respond to agricultural emergencies.
  • Authorizes employees of the Wildlife Resources Commission and employees of federal agencies whose responsibilities include fisheries and wildlife management, to cull feral swine from an aircraft with the written permission of the landowner
  • Eliminates the rendering plant inspection committee
  • Allow local school boards to develop and implement policies to facilitate and maximize purchases of food grown or raised in North Carolina
  • Extends the sunset for the production credit for commercial facilities for processing renewable fuel from January 1, 2017 to January 1, 2020.
  • Clarifies that a building permit is not required for certain work costing less than $15,000 provided that the work is performed in accordance with the current edition of the North Carolina State Building Code
  • Exempts any activity that constitutes a bona fide farm use, including the production of mulch, ornamental plants, sod, and other horticultural products from the Sedimentation Pollution Control Act
  • Waives or prorates deferred taxes when property under present use valuation (PUV) is transferred for less than its true value to a nonprofit entity for conservation or historical preservation

Adds section extending the renewable energy tax credit for swine and poultry waste renewable energy facilities to January 1st 2017 for those in the public utility's interconnection queue, provided that prior to May 21, 2016, the facility has: entered into the interconnection queue and; either obtained a certificate of public convenience and necessity or reported to the Utilities Commission that it proposes to construct the facility

In Other News

Sen. Fletcher Hartsell (R-Cabarrus), a 13-term Senator who is not seeking reelection, was indicted by a Wake County Grand Jury early in the last week of session. Sen. Hartsell faces allegations of misusing campaign funds and three felony counts of filing false campaign reports. His case was continued on Tuesday.
Hartsell takes center stage on Senate floor after indictment – N&O

The attempt by Elon professor Eric Fink to challenge Sen. Berger in November as an Unaffiliated candidate has fallen short. Fink fell roughly 800 signatures shy of the necessary 5,000, leaving Sen. Berger unopposed this fall. Three Unaffiliated candidates did qualify for the ballot in three House races. House Majority Leader Rep. Hager (R-Rutherford), House Freshman Majority Whip Rep. Bradford (R-Mecklenburg), and Rep. Burr (R-Stanly) were once unopposed but will now each face an Unaffiliated opponent in November.
Unaffiliated candidates miss party for NC votes – WRAL

In the News

Implant pumps new life into lobbyist's failed heart – WRAL
NC skirted abortion rules that Supreme Court struck down – N&O
Supreme Court to rule on use of race in redistricting – WBTV
CSX continues search for rail hub site – Carolina Journal
New Wake County school board, commission maps declared illegal – N&O
Wake elections board must tackle commissioner, school board districts – WRAL
U.S. Justice Department Asks Judge To Block House Bill 2 – WFMY
National analysts praise N.C. regulatory reforms – Carolina Journal
Goodnight, Luddy, Currie, Pope: How eastern N.C. supports presidential candidates with its checkbook – TBJ
Five new NC DMV laws take effect July 1 – Chatham Journal
NC becomes focus of presidential campaign – WRAL

Other Useful Links

Office of the Governor
North Carolina General Assembly

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.

© Nexsen Pruet, PLLC | Attorney Advertising

Written by:

Nexsen Pruet, PLLC
Contact
more
less

Nexsen Pruet, PLLC 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.