New Laws Roll Out as the Governor Heads Out

by Greenberg Glusker Fields Claman & Machtinger LLP

Greenberg Glusker Fields Claman & Machtinger LLP

Governor Jerry Brown has signed a number of laws into effect, many of which are designed to strengthen minority protections and bolster California’s laws against sexual harassment and assault. Many of these laws create new or additional obligations for employers, while also expanding potential employer liability. The summary below provides an overview of some of the most important new laws and legal developments likely to affect California employers.

New Laws to Prevent Sexual Harassment and Gender Discrimination and to Promote Gender Equality in the Workplace

1. Restrictions on the Confidentiality of Settlement and Nondisclosure Agreements Relating to Sexual Harassment – SB 820 (Effective January 1, 2019)

Consistent with legislative efforts to prevent the silencing of harassment victims, SB 820 places new limitations on when, if at all, confidentiality provisions may be used in settlements and nondisclosure agreements.

SB 820 applies to agreements entered into on or after January 1, 2019. It prohibits and renders void any provision that prevents the disclosure of factual information relating to civil or administrative complaints of sexual assault, sexual harassment, or harassment or discrimination based on sex. However, provisions preventing parties from disclosing the amount of money paid in connection with the settlements remain legitimate and enforceable. (Notably, courts may not enter, by stipulation or otherwise, an order that restricts the disclosure of the information protected under this provision). However, an employer may lose a federal tax deduction if it includes such a provision in a settlement.

Additionally, settlement or nondisclosure agreements resulting from civil or administrative complaints of sexual assault, sexual harassment or harassment or discrimination based on sex that are entered into by private parties (to which a government agency or public official is not a party) may include provisions designed to keep the identity of the claimant anonymous, along with any and all facts that could lead to the discovery of the claimant’s identity. But, such a provision may only be included if requested by the claimant.

The legislation suggests that a violation of any of these provisions may give rise to a cause of action for civil damages.

Thus, in most cases, unless a claimant requests anonymity as to his or her identity, private employers will be unable to enforce confidentiality provisions preventing the disclosure of facts relating to civil or administrative complaints of sexual assault, sexual harassment, or harassment or discrimination based on sex. Notably, SB 820 does not appear to apply to settlement agreements reached in connection with disputes for which no civil or administrative complaint has been filed.

2. Expansion of Employer Liability for Harassment by Nonemployees, and New Limitations on Release and Non-Disparagement Agreements – SB 1300 (Effective January 1, 2019)

SB 1300 amends the Government Code in several ways:

First, it declares that the purpose of harassment laws in California is to provide all Californians with an equal opportunity to succeed in the workplace. Relatedly, the law adopts and codifies various judicial decisions that expand the ways in which an employee may demonstrate various forms of harassment, such as requiring that a plaintiff in a workplace harassment suit need only show that a reasonable person subjected to the alleged discriminatory conduct would find that the harassment made it more difficult to do the plaintiff’s job, rather than showing that there has been a decline in the plaintiff’s tangible productivity. Additionally, the law expressed support for the position that discriminatory remarks, whether or not made in the context of an employment decision or by a decision maker, may be considered as relevant, circumstantial evidence of discrimination in the context of determining whether a hostile work environment exists. Moreover, the law states that harassment cases are rarely appropriately resolved on motions for summary judgment (making it all the more difficult for employers to prevail on such early, dispositive motions).

Second, the Government Code, as amended, will prevent a prevailing defendant in litigation from receiving fees and costs in harassment and discrimination cases unless the court finds that the plaintiff’s action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. Previously, the Government Code technically allowed prevailing defendants to be awarded their fees and costs as would a prevailing plaintiff, but practically, courts would only grant prevailing defendants their fees and costs under the circumstances which SB 1300 now codifies.

Third, SB 1300 expands an employer’s possible liability for nonemployees’ actions which constitute any form of harassment prohibited by the California Fair Employment and Housing Act. (This expands the law’s prior imposition of liability on employers for nonemployees’ acts of sexual harassment).

Fourth, the new law authorizes, but does not require, employers to provide “bystander intervention training” designed to train employees on how to recognize and appropriately act upon potentially problematic behaviors in the workplace.

Fifth, SB 1300 adds a new provision to the Government Code that prohibits an employer from requiring an employee to sign a release agreement or a non-disparagement agreement that prevents an employee from disclosing information about unlawful acts in the workplace in exchange for a raise or bonus, or as a condition of employment or continued employment. However, by contrast, negotiated settlement agreements, which reflect a voluntary, deliberate, and informed agreement (with respect to which the employee is given notice and an opportunity to retain an attorney), and which are reached in connection with an underlying claim the employee has filed in court, before an administrative agency, in an alternative dispute resolution forum, or via an employer’s internal complaint process, are permissible. Employers should note that if any provision of an agreement violates these new requirements, the entire agreement will be deemed unenforceable.

3. Extension of Required Sexual Harassment Training to Employers With 5 or More Employees – SB 1343 (Compliance Required By January 1, 2020)

By January 1, 2020, SB 1343 requires employers with five or more employees to provide at least two hours of various sexual harassment training and education to all employees in a supervisory position, and at least one hour of such training to all nonsupervisory employees, within six months of beginning work for the employer, and every two years thereafter. This expands preexisting law which only required employers with 50 or more employees to provide at least two hours of training and education regarding sexual harassment to supervisory employees. However, under SB 1343, if an employer provides this newly required training and education to an employee after January 1, 2019, but before January 1, 2020, the employer need only provide sexual harassment training and education to such employee once every two years thereafter.

Additionally, employers will now be required to provide training to seasonal and temporary employees, or any employee hired to work for less than six months, within 30 calendar days after the hire date, or within 100 hours worked, whichever occurs first.

The law also requires the Department of Fair Employment and Housing to develop free sexual harassment online training courses to be made available to the public, along with subtitles for various languages to assist employers in their compliance obligations.

4. Amendment of Lactation Accommodation – AB 1976 (Effective January 1, 2019)

Current law requires that an employer provide a location other than a toilet stall for an employee to express breast milk, and that the location be private and in close proximity to the employee’s work area. AB 1976 expands the requirement to provide a location other than a bathroom (as opposed to just the toilet stall).

Unchanged is the standard applicable to this accommodation requirement. An employer must make “reasonable efforts” to provide the accommodation required by the law and is only excused from doing so if it would create an “undue hardship” on the employer.

5. Clarification of the Ban on Inquiries Regarding Salary History – AB 2282 (Effective January 1, 2019)

Last year, California banned employers from inquiring about an applicant’s salary history. Since the enactment of that law, we have been advising our clients that employers were safe inquiring about an applicant’s salary expectations for the position sought by the applicant. Consistent with this advice, AB 2282 clarifies that employers can indeed ask about an applicant’s salary expectations.

AB 2282 also clarifies that external applicants (meaning applicants who are not current employees) are entitled to a pay scale upon request, but only after completing an initial interview.

Additionally, existing law prohibits prior salary, by itself, from justifying a disparity in compensation under these provisions. AB 2282 clarifies that an employer can make a compensation decision based on a current employee’s existing salary as long as any wage differential resulting from that compensation decision is justified by one or more specified factors, including a seniority system or a merit system.

6. Defamation Protection for Employers and Alleged Victims of Sexual Harassment – AB 2770 (Effective January 1, 2019)

AB 2770 provides protection from liability for defamation or slander to employees who make credible, good faith reports of harassment as well as to employers who communicate with interested parties (such as victims and witnesses). This law is meant to prevent an alleged harasser from suing the alleged victim for reporting the conduct and/or the employer for investigating it.

The law further provides that when an employer is contacted for a job reference about a current or former employee, the employer can now reveal whether the individual is not eligible for rehire because the employer determined that he/she engaged in sexual harassment. The complexity is in whether or not the employer should disclose such information, even if it is now permitted by this legislation to do so.

7. Extension of the Statute of Limitations to Seek Civil Damages Due to Sexual Assault – AB 1619 (Effective January 1, 2019)

Beginning on January 1, 2019, AB 1619 expands the permissible length of time within which a plaintiff may file suit for civil damages due to sexual assault. AB 1619 applies only to those victims who have suffered damages as a result of a sexual assault occurring on or after their 18th birthday.

Under the extended statute of limitations, a victim has until the later of either:

a) 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault by the defendant against the plaintiff to bring an action for civil damages as a result of such an assault; or

b) 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault.

Under preexisting law, a plaintiff was required to bring an action for assault within 2 years, or if it was in the context of domestic violence, within 3 years from the date of the last act, or 3 years from the date the plaintiff discovered or reasonably should have discovered an injury or illness resulted from an act of domestic violence by the defendant, whichever was later.

Acts constituting “sexual assault” pursuant to AB 1619 encompass a broad swath of crimes ranging from unwanted touching to rape.

8.    Gender Quota for Boards of Publicly Traded Corporations

With the passage of SB-826, California has become the first state in the nation to require publicly traded corporations headquartered in California—regardless of their state of incorporation—to include at least one female on their boards of directors by the end of 2019. The bill defines female as “an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.”

By the end of July 2021, a minimum of two women must sit on boards with five members, and there must be at least three women on boards with six or more members. Companies that fail to comply will face significant fines—$100,000 for a first violation and $300,000 for a second or subsequent violation.

In his signing letter, Governor Brown acknowledged that the bill will likely be challenged as unconstitutional for imposing illegal quotas (discriminating against men). Nevertheless, the Governor stated that he wanted to send the message that “it’s high time corporate boards include the people who constitute more than half of the ‘persons’ in America.”

Expansion of Activities Eligible for Partial Wage Replacement Under the Paid Family Leave Program – SB 1123 (Effective January 1, 2021)

Although this law will not take effect for three more years, it extends benefits under the Paid Family Leave wage replacement program to any employee who takes time off to attend to situations related to the covered active duty status of the employee’s spouse, registered domestic partner, child or parent who is a member of the US Armed Forces. Situations that will now be covered (called “qualifying exigencies”) include time off for official ceremonies, briefings, changes to child care arrangements, counseling, or spending time with the covered service member during rest and recuperation leave, among others.

CFPB Issues New FRCA Notice Requirements (Effective September 21, 2018)

In addition to this flurry of California legislative activity, the federal Consumer Financial Protection Bureau (the “CFPB”) issued an updated version of its “Summary of Your Rights Under the Fair Credit Reporting Act” form (the “Form”), effective September 21, 2018. In response to recently enacted federal legislation, the revised Form contains new required notice provisions to consumers. Pursuant to the Fair Credit Reporting Act (“FCRA”), the Form is one of numerous notices employers must provide when utilizing consumer reporting agencies to conduct background or credit checks relating to employees and job applicants.

The revised Form, which may be accessed at, adds new notice provisions informing consumers of their right to obtain a “security freeze” for their credit report at no cost. A security freeze prohibits a consumer reporting agency from releasing information in a credit report without the consumer’s express authorization, in an effort to prevent unauthorized approvals of or extensions to a consumer’s credit. The new Form also notifies consumers that the use of a security freeze may delay, interfere with, or prohibit the timely approval of requests or applications regarding new or extensions of credit.

As an alternative to obtaining a security freeze, consumers are also notified that they have the right to place an initial or extended fraud alert on their credit file at no cost. The revised Form reflects extension of the duration of an initial fraud alert from ninety days to one year.

Although the revised Form is effective as of September 21, 2018, the CFPB is permitting comments on the Form until November 19, 2018. Thus, employers should be aware that the Form may be subject to further amendments.

Employers who use consumer reporting agencies for credit or background checks relating to employees and job applicants should provide those individuals with the most updated version of the Form, along with all other required notices. Failure to comply with FCRA requirements may expose employers to legal and financial liability. Before engaging in or establishing a background or credit check process, employers should consult with counsel to ensure that any such process complies with applicable federal, state, and local laws.

A Significant Veto Worth Noting: Governor Brown Vetoes Effort to Ban Arbitration Agreements That Are Required as a Condition of Employment

Notably, the Governor vetoed AB 3080, which would have prohibited an employee or applicant for employment from being required to sign an arbitration agreement as a condition of employment, continued employment, or the receipt of any employment-related benefit. In his written veto message, the Governor noted that the bill “plainly violates federal law” in light of clear direction from the Supreme Court in recent cases.

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.

© Greenberg Glusker Fields Claman & Machtinger LLP | Attorney Advertising

Written by:

Greenberg Glusker Fields Claman & Machtinger LLP

Greenberg Glusker Fields Claman & Machtinger 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 (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.