New York Department of Financial Services Rings in the New Year with New Suitability Requirements for Insurance Companies

by Carlton Fields

Carlton Fields

New York’s Department of Financial Services decided to bid farewell to 2017 and ring-in the new year by proposing to amend Suitability in Annuity Transactions, 11 NYCR 224 (the Annuity Suitability Rule). On December 27, 2017, the first amendment to the Suitability Rule was published in the New York State Register (the First Amendment). The First Amendment, which would rename the Annuity Suitability Rule to the Suitability in Life Insurance and Annuity Transactions (the Life & Annuity Suitability Rule), offers a parade of new requirements to which insurers and producers would be required to march. In general, the First Amendment revisions:

  • Broaden the scope of the Suitability Rule by applying to life insurance policies as well as in-force policies and by altering the definition of “recommendation” to include communications with the consumer, which “the consumer interprets to be advice” and to include “any act intended to result in a consumer entering into or refraining from entering into a transaction.”
  • Expand suitability analysis to include a consideration of “all available products, services, and transactions” and of additional suitability information, including “the duration of existing liabilities and obligations” as well as “tolerance of non-guaranteed elements in the policy.”
  • Create a best interest standard requiring a prudent person standard of care and suitability of the transaction.
  • Expand the disclosures that are required to be provided to the consumer.
  • Prohibit a producer from stating or implying that a transaction is part of financial or investment management services unless the producer is adequately qualified in those areas.
  • Expand producers subject to the Life & Annuity Suitability Rule’s requirements to all producers involved in the transaction, even those that do not have direct contact with the consumer.
  • Mandate that insurers establish and maintain procedures to prevent financial exploitation and abuse.
  • Allow for any type of, or amount of, compensation permitted under the New York insurance laws.

Set forth below is a brief discussion of the impact of some these revisions.

Broadened Scope

The biggest noisemaker in Life & Annuity Suitability Rule is its broadened scope. The Life & Annuity Suitability Rule applies “to all transactions or recommendations with respect to a proposed or in-force policy.” The Life & Annuity Suitability Rule defines policy to mean:

a life insurance policy, annuity contract, or a certificate issued by a fraternal benefit society under a group life insurance policy or group annuity contract.

Thus, if adopted, the Life & Annuity Suitability Rule would apply to recommendations made to a consumer with respect to the consumer’s initial purchase of life policy or annuity contract as well as recommendations subsequent to the consumer’s initial purchase. For example, the Life & Annuity Suitability Rule would apply to these recommendations post-sale:

  • For a life policy, as to whether to increase the face amount of a life policy, change the death benefit option, or to elect to receive accelerated death benefits. It may also apply to recommendations as to whether to change the premium payments to be made under a universal life policy or to elect to abbreviate premium payments under a whole life policy. 
  • For an annuity contract, as to whether to elect a step-up to a benefit base for an income benefit or enhanced death benefit as well as to elect income benefits. It may also apply to recommendations as to whether to pay additional premiums.

Presumably recommendations with respect to allocations among the different interest crediting options or among different variable investment options would also be subject to the Life & Annuity Suitability Rule.

Further broadening the scope is the revised definition of recommendation and the new definition of transaction. The Life & Annuity Suitability Rule defines recommendation to mean:

one or more statements or acts by a producer, or by an insurer where no producer is involved, to a consumer that:

(1) reasonably may be interpreted by a consumer to be advice and that results in a consumer entering into or refraining from entering into a transaction in accordance with that advice; or

(2) is intended by the producer, or an insurer where no producer is involved, to result in a consumer entering into or refraining from entering into a transaction.

It defines transaction to mean:

any purchase, replacement, modification or election of a contractual provision with respect to a proposed or in-force policy.

While the Life & Annuity Suitability Rule’s definition of recommendation includes some of the language used in the Department of Labor’s (DOL's) definition of recommendation within its fiduciary investment advice rule, it does not contain any of the DOL’s exemptions from the definition or recommendation. Moreover, a key to triggering the DOL’s fiduciary investment advice rule, is the receipt of compensation in connection with the advice given. There is no such trigger in the Life & Annuity Suitability Rule.

Under the Life & Annuity Suitability Rule’s definition of recommendation, insurers and producers would need to exercise exceeding care to prevent their communications from unintentionally being interpreted by the consumer as advice. This would include communications that the insurers and producers intended to be merely educational, such as informing the consumer about the benefits and conditions of a life policy or annuity contract. Moreover, if for example, a producer meets annually with a consumer to review the consumer’s life policy(ies), annuity contract(s), or any combination of the foregoing, the various duties of the insurers and the producer contained in Life & Annuity Suitability Rule could be viewed as being triggered. This may be the case even if the consumer decides not to take any action with respect to the insurance products the consumer owns and not to make any of the numerous possible elections, because under a broad reading, the consumer may have interpreted the discussion as providing advice to refraining from replacing the insurance products or making an election of a contractual provision. Thus, based on a broad reading, under the Life & Annuity Suitability Rule, the requirement to obtain the consumer’s suitability information and to supervise the producer’s recommendation would apply to the annual meeting. 

Expanded Suitability Analysis

The First Amendment defines suitable and adds additional information that must be gathered to determine the suitability of a recommendation. In so doing, the First Amendment expands the required suitability analysis. The Life & Annuity Suitability Rule defines suitable to mean:

in furtherance of a consumer’s needs and objectives under the circumstances then prevailing, based upon the suitability information provided by the consumer and all available products, services, and transactions.

The First Amendment also adds new items of suitability information that must be obtained, including:

tolerance of non-guaranteed elements in the policy, including variability in premium, cash value, death benefit, or fees.

The Life & Annuity Suitability Rule’s inclusion of “all available products, services, and transactions” is similar to the NAIC’s proposed Suitability and Best Interest Standard of Conduct in Annuity Transactions Model Regulation’s (NAIC’s Suitability and Best Interest Model) requirement imposed on the producer or insurer to evaluate "the types of financial products which correspond to the consumer's disclosed suitability information and address the consumer's financial objectives" and raises some of the same issues. This seems to suggest that before making a recommendation, including a recommendation with respect to in-force policies, the producer or insurer must consider the universe of other products, services, and transactions that are available at the time of recommendation. The Life & Annuity Suitability Rule, however, does not define products or services. To the extent that products would include securities, insurance licensed only producers would not have the requisite registration to consider securities products.

Also like the NAIC’s Suitability and Best Interest Model, the suitability information to be gathered under the Life & Annuity Suitability Rule includes information on non-guaranteed elements. This follows the NY DFS’ promulgation of Rule 210 on non-guaranteed elements. No guidance is given as to what is meant by a consumer’s tolerance of non-guaranteed elements. Moreover, it is unclear what information would reflect a consumer’s tolerance. 

Best Interest of the Consumer

The First Amendment turns a new leaf by imposing a best interest standard by adding the following "prudent person" requirement:

[a person] acts in the best interest of the consumer when . . . [the person's] recommendations to the consumer are based on an evaluation of the suitability information of the consumer that reflects the care, skill, prudence, and diligence that a prudent person familiar with such matters would use under the circumstances without regard to the financial or other interests of the producer, insurer, or any other party.

The Life & Annuity Suitability Rule also includes as part of its best interest standard, a requirement that the transaction is suitable, and the Annuity Suitability Rule's requirement that there be a reasonable basis to believe that (i) the consumer is reasonably informed of key facts, (ii) the consumer would benefit from the features of the life policy or annuity contract, and (iii) if the transaction is a replacement, the replacement is suitable, taking into consideration specified items of analysis. 

The Life & Annuity Suitability Rule's prudent person language follows the best interest language from the DOL's Best Interest Contract Prohibited Exemption language. 

Expanded Disclosure

Although there is already a confetti of disclosure that must be provided to consumers The First Amendment requires even more disclosure. As part of the best interest standard, the First Amendment adds the following to the list of items that the consumer has to be reasonably informed of:

potential consequences of the transaction, whether favorable or unfavorable. 

. . .

potential tax implications of the various transactions that can occur under a life policy or annuity contract.

. . .

the manner in which the producer is compensated for the sale and servicing of the policy.

The First Amendment also adds the following new disclosures:

all relevant suitability considerations and product information, whether favorable or unfavorable, that provide the basis for any recommendations.

. . .

all relevant policy information with respect to evaluating any transaction or proposed transaction, including a comparison, in a form acceptable to the superintendent, of all available policies of the same product type offered by the insurer.

Each of these additional disclosures raise a host of interpretative questions which may give producers and insurers a hangover. For example, would disclosures of potential consequences of a transaction require the use of personalized disclosures because whether or not a transaction or a feature of an insurance policy or annuity contract is favorable or unfavorable, may depend on the individual circumstances of the consumer? The same issue arises with respect to potential tax implications unless it would be sufficient to provide a general description of the tax consequences and then direct the consumer to his or her tax advisor. Also, does the disclosure on "the manner" in which the producer is compensated merely require disclosure that the producer receives an upfront commission based on premiums paid or trail commissions based on the value of the insurance policy or annuity contract? Or, is the amount of commissions also required to be disclosed? Further, what about other amounts received by the producer, such as amounts for advertisement or administrative expenses? Is the disclosure limited to the producer that interacts with the consumer, or does it also include other producers who may receive overrides or other compensation? Finally, what information is required in the comparison of products offered? Does this comparison need to be delivered only for initial sales or also for recommendations with respect to in-force polices?

Prohibiting Statements or Implications of Financial or Investment Services

The First Amendment restricts the fanfare that a producer may use in communicating with consumers. Under the Life & Annuity Suitability Rule, a producer is not permitted to:

state or imply to the consumer that a recommendation to enter into a transaction is part of financial planning, financial advice, investment management, or related services unless the producer has a specific certification or professional designation in that area.

This new limitation may also cause some headaches as producers try to determine what "specific certification or professional designation" would allow them to say they are providing financial planning, financial advice or related services.

All Producers in a Transaction are Subject to the Requirements

The First Amendment extends its merrymaking by inviting all producers involved in a life policy or annuity contract transaction to the party. Under the Life & Annuity Suitability Rule:

Any requirement applicable to a producer shall apply to every producer in the transaction, even if that producer does not have direct conduct with the consumer.

This new provision was apparently added to reach all those who may receive an override or other compensation from a life policy or annuity transaction. Does this mean every duty imposed on producers must be performed by each producer in the transaction, or is this merely a means to impose penalties against every producer in the transaction in the event of a transaction that was not in the best interest of the consumer? 

Preventative Financial Exploitation and Abuse Procedures

As if there was not enough carousing with all the other requirements added by the First Amendment, the Life & Annuity Suitability Rule also requires insurers to:

establish and maintain procedures designed to prevent financial exploitation and abuse . . [i.e.,] the improper use of an adult’s funds, property, or resources by another individual, including fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denials of access to assets.

This requirement goes further that the proposed NAIC Suitability and Best Interest Model which merely requires financial exploitation of seniors and other vulnerable adults be added as a new training topic. While imposing a heavy burden on insurers to establish and maintain procedures, the Life & Annuity Suitability Rule does not provide insurers with tools to assist them in preventing abuse. For example, it does not allow insurers to delay disbursement of funds if the insurer has a reasonable belief that the disbursement would result in financial exploitation. It also does not provide immunity to insurers who report suspected financial abuse to government agencies or immunity from administrative or civil liability who in good faith and exercising reasonable care implement procedures to prevent financial abuse. 

Compensation of Producers

Producers may wish to raise a glass in celebration of the First Amendment’s lack of compensation limits. The Life & Annuity Suitability Rule states “nothing in this part shall be construed to prohibit the payment to a producer of any type or amount of compensation otherwise permitted under the Insurance Law.”

Next Steps

The public comment period on the First Amendment expiries on February 12, 2018. Based on what happened for Regulation 210, after the NY DFS reviews the submitted comments, it is likely that it will publish additional proposed amendments with the goal of finalizing the Life & Annuity Suitability Rule by the end of the summer and having an effective date in 2019, perhaps to coincide with the July 1, 2019 delayed applicability date of certain requirements of the Fiduciary Rule’s Best Interest Contract Exemption and the Principal Transactions Exemption, and of certain amendments to Prohibited Transaction Exemption 84-24. 

What happens next on New York’s Life & Annuity Suitability Rule as the ball drops at midnight and 2018 begins will likely have an impact on the NAIC’s Suitability and Best Interest Model. We will continue to monitor the report on the activities of the NY DFS and the NAIC’s Annuity Suitability Working Group.


Written by:

Carlton Fields

Carlton Fields 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.