Nonparty Discovery in California Arbitration: How to Get What You Want

by Payne & Fears

This article was originally published for the Association of Business Trial Lawyers (ATBL) Report, Volume XX, No. 3, Winter 2018 by attorney Leilani L. Jones.

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions, and after initiating a demand. While arbitration can in many respects streamline the civil discovery process, one of the largest roadblocks for cases in California arbitrations is “streamlining” discovery from nonparties. This article explores the challenges presented by third party discovery in arbitration, and proposes strategies for obtaining such discovery efficiently and expeditiously.

Alternative dispute resolution tends to make sense to most businesses implementing preventive measures for future litigation. Clients, lawyers, and judges can generally agree that arbitration is the more “cost-effective” way to resolve disputes, especially in California. While arbitration is theoretically a lowcost option for dispute resolution, almost all parties (particularly the party defending) bristle at climbing expenditures during discovery. This is all despite the perception of more “streamlined” processes in arbitrations. On balance, arbitrators, employing less formal procedures for discovery disputes, can typically cut to the chase faster than a civil judge. Parties often resolve issues via letter brief and telephonic hearing, if necessary, instead of formal noticed motions with accompanying separate statements. The Judicial Arbitration and Mediation Services, Inc.’s (“JAMS”) own “Arbitration Discovery Protocols” specifically “ensure that an arbitration will be resolved much less expensively and in much less time than if it had been litigated in court.” Accessed at https://

The Facts and Fictions of Third Party Discovery in Arbitration

Once in arbitration, the fact-finding process can be a challenge simply between the parties, where extracting necessary evidence from the opposition is an uphill battle in itself. Typically, arbitrators are able to resolve these disputes expediently. Unfortunately, the same cannot be said when it comes to obtaining discovery from nonparties outside of the four corners of the applicable agreement or clause. In most commercial disputes, parties take for granted the potential necessity of such information—they certainly are not prioritizing or thinking about it when drafting contracts at the outset. The problem is arbitrators lack the statutory or contractual authority to monitor and enforce third-party discovery absent parties’ forethought. So what options are there?

The California Civil Discovery Act sets forth arbitration discovery rights. The Act only authorizes arbitrators to issue third-party subpoenas, with the same force as a civil judge, if the nature of the dispute is personal injury or wrongful death. See Cal. Code Civ. P. § 1283.1. In such cases, section 1283.05 of the Code applies, stating that after the appointment of an arbitrator, the parties to the arbitration have the same rights to take depositions and obtain discovery and to “exercise all of the same rights, remedies, and procedures, and be subject to all of the same duties, liabilities, and obligations in the arbitration … as provided in” the statutory provisions governing subpoenas (§§ 1985 to 1997) and in the Civil Discovery Act (§§ 2016.010 et seq.) “as if the subject matter of the arbitration were pending before a superior court of this state in a civil action ….” Because section 1283.05(a) incorporates the Discovery Act, and that law permits discovery from nonparties (§§ 2020.010 et seq.), the right to discovery in such cases includes discovery from nonparties.

This statutory authority, however, does not automatically apply in cases that don’t involve personal injury or wrongful death. See Cal. Code Civ. P. § 1283.05(b). In all other cases, the arbitrator can only utilize the authority granted by the Discovery Act if the arbitration agreement explicitly provides for third-party discovery. Id. This is a pitfall for many litigators who, when initiating arbitration, are stuck with an agreement (or merely a clause) that does not unambiguously mention third-party discovery— and simply referencing the right to conduct discovery won’t do the trick. Indeed, the Code of Civil Procedure makes clear that “[o]nly if the parties by their agreement so provide, may the provisions of Section 1283.05 be incorporated into, made a part of, or made applicable to, any other arbitration agreement.” Id., subs. (b). According to that language about “incorporat[ion],” it seems a mere nod to discovery generally is not enough.

Getting What You Need from Nonparties: Easier Said Than Done

But even when parties are actually in arbitration, the discovery-seeker faces other challenges with regard to third party discovery under California law. They may try to send a subpoena to the third party, and hope that the nonparty will respond in good faith. Wiser third parties will request a copy of the applicable arbitration agreement, eventually seeing that it doesn’t permit discovery from nonlitigants. In this situation, there really is no option for a party to enforce discovery if the agreement does not incorporate section 1283.05. In fact, probably the only available route is to initiate a miscellaneous action in civil court, either in California or in the out-of-state forum. Both present risks. As far as California goes, the court is under no obligation to force compliance, especially because the Discovery Act is specific regarding nonparty subpoenas. It’s also safe to say an out-of-state judge is unlikely to enforce a California subpoena issued out of an arbitration forum. Moreover, judicial review of third-party discovery disputes during arbitration imposes huge delays to the information gathering process. Third parties may even use judicial review as a tactic to create delay sufficient to dissuade the arbitrating parties from seeking documents from them in the first place.

If the arbitration agreement does incorporate section 1283.05, at least the party is in a hypothetically better position, and the process of enforcement should be easier. Emphasis on “should be.” Despite so many cases circumventing the court system in favor of ADR, California case law is thin on commentary about how third-party discovery functions in arbitration. The California Supreme Court has stated that, at least in cases subject to section 1283.05 (i.e., personal injury), the “arbitrator’s powers to enforce discovery resembles that of a judge in a civil action in superior court…including the authority to enforce discovery against nonparties through imposition of sanctions.” Berglund v. Arthroscopic & Laser Surgery Ctr. of San Diego, L.P., 44 Cal. 4th 528, 535 (2008). In Berglund, a party filed a lawsuit against a number of health-care providers for negligent care. Plaintiff served a subpoena for the production of medical logs on a defendant, the Arthroscopic & Laser Surgery Center (“ALSC”). They unsurprisingly objected. The other defendants successfully moved to compel arbitration; meanwhile, the suit against ALSC settled and was dismissed with prejudice. At that point, the arbitrator was asked to direct ALSC—a dismissed nonparty to all proceedings—to produce documents. ALSC challenged that order in court via a request for protective order. The California Supreme Court denied the protective order since “the proper forum for a nonparty to challenge the discovery sought by a party to the arbitration” is the arbitration proceeding itself; “the arbitrator’s power to enforce discovery resembles that of a judge in a civil action,” so it is “reasonable to infer that the Legislature intended discovery disputes arising out of arbitration to be initially litigated before the arbitrator.” Berglund, supra, at 535.

With that reasoning, the Berglund court held that “all discovery disputes arising out of arbitration must be submitted first to the arbitral, not the judicial forum.” Id. at 535-36. Importantly, the Supreme Court’s holding in Berglund that discovery disputes must be initially submitted to the arbitrator was based on the arbitrator’s power to control discovery pursuant to Cal. Code Civ. P. § 1283.05. Arguably, nonpersonal injury disputes with agreements incorporating 1283.05 fall in this same category. But there is a risk that a decision-maker considers third-party discovery outside the scope of the statute if not a personal injury or wrongful death case, regardless of whether the parties incorporated the relevant statute. Even with Berglund’s lack of clarity, parties should optimistically include a reference to section 1283.05. At best, when push comes to shove, the third-party discovery meets the Berglund test, and nonparties will be required to submit any objections to the arbitrator before attempting judicial review. This means the third party ignoring the subpoena has that dispute submitted to the arbitrator—who can render sanctions for noncompliance. In fact, the Code details that arbitrators have the power to enforce the obligations of discovery by imposing the same sanctions and penalties as a court could impose—short of the “power to order the arrest or imprisonment of a person.” Cal. Code Civ. P. §§ 1283.05, 1283.1.

When (and if) The Arbitrator Intervenes

But of course, it couldn’t be as simple as incorporating a Code section to ensure an easy review mechanism. It depends on which party seeks review. Per Berglund, if the party seeks judicial review of a discovery order, only limited review is available. Berglund, supra, at 534-36. This comes with one caveat. The Berglund court held that while the dispute must first be submitted to the arbitrator for resolution, the nonparty is entitled to full judicial review of the order. Id. The latter makes sense, since nonparties to arbitration are not bound by an arbitrator’s decision because his or her authority is derived from the parties’ consent—and nonparties have not consented to arbitration. Id. at 538. All of these “review” provisions come with the important asterisk that this particular review provision under Berglund might not even apply to non-personal injury or wrongful death cases.

There is one silver lining. It’s important to remember that the arbitrator does have jurisdiction over nonparties for a limited purpose: appearance at the actual arbitration hearing, as well as production of evidence. Cal. Code Civ. P. § 1282.6 (“Subpoenas shall be served and enforced” in compliance with §§ 1985-1997). But parties looking to avoid these discovery issues altogether may want to assess whether pre-hearing discovery is even necessary, or whether they could rely on a third party’s testimony at the hearing only. This is because the same “third party” risks apply; third parties can still challenge subpoena, and the procedure for an arbitrator or court to compel a nonparty’s attendance at arbitration is not specified under section 1282.6. When a court action is pending (e.g., the action in which the court compelled arbitration), a motion to compel attendance of the witness is a safe bet. If there is no action pending, a party might have to turn to another miscellaneous action.

Implications for Contract Drafting

Practitioners looking to avoid nonparty discovery roadblocks at the outset need to advise clients at the point of contract formation. Depending on the type of contract and most likely risk profile for litigation, it probably makes sense to incorporate Cal. Code Civ. P. § 1283.05. At least one California case suggests that simply incorporating section 1283.05 is enough to evidence intent on the parties’ part to be bound by that section (and thus its provisions on nonparty discovery) during the arbitration. Stone & Webster, Inc. v. Baker Process, Inc., 210 F. Supp. 2d 1177, 1188 (S.D. Cal. 2002). When making this decision, it’s critical for the party to understand that incorporating section 1283.05 into an arbitration discovery agreement is the equivalent of agreeing to the full range of discovery provided in the Discovery Act, with the exception that the arbitrator must still pre-approve depositions for discovery. Cal. Code Civ. P. § 1283.05(e). This could be a double-edged sword; if counsel chooses to provide for more discovery, the level of procedural protection makes the proceedings more like litigation. The parties might instead want a clause that specifically states the parties agree to operate without formal discovery. At least one option that courts have upheld is to place specific limitations on discovery in the arbitration clause— such as limiting depositions to one per side, plus expert depositions—but allow the arbitrator to expand discovery upon a showing of need. See Dotson v. Amgen, Inc., 181 Cal. App. 4th 975 (2010).

Another consideration is that institutional rules differ. When putting together contracts or clauses, drafters should read the JAMS or American Arbitration Association (“AAA”) rules before incorporating them. However, those with national clients may be using uniform arbitration agreements across multiple states. One solution is to advise clients to use California-specific arbitration agreements for any business in California, or any deals that will ultimately be carried out in the state. While it presents an upfront cost for national clients, it would save time and money at arbitration if the party anticipates needing broader discovery (and a means to enforce it). At minimum, companies utilizing cross-state arbitration forms should express a clear intent to allow or disallow third-party discovery.

Putting Things Into Perspective

These discovery issues matter because cases are steadily going to arbitration instead of civil court. To put national caseloads into perspective, the United Stated District Courts reported that there were 25,067 private contract disputes filed in all the federal courts in the United States in the year ending June 30, 2018. Statistical Table for the Federal Judiciary, Table C-3. Three years ago, the American Arbitration Association reported that parties filed 8,360 new business-tobusiness arbitrations, including commercial cases, construction, and executive employment disputes. See American Arbitration Association B2B Dispute Resolution Impact Report 2015 Key Statistics.

The claims and counterclaims made in those arbitrations totaled over $16 billion. To top it off, 56% of the arbitrations filed three years ago (in 2015) were resolved prior to award.

Such statistics show the obvious: on a national scale there were—and are—a significant percentage of business disputes being resolved in arbitration, potentially getting all the way to an award at a much higher rate than in court litigation. The trend doesn’t show signs of changing. Although state-by-state data is not available, there is really no reason to believe California is any different.

Overall, there is considerable time and expense involved in navigating third-party discovery in arbitration. And, given the unknowns of such discovery, practitioners should consider heading off both at the outset of contract formation. Limited discovery in arbitration can be an advantage in certain cases, but in others it can cripple a party and increase the possibility of surprise at the arbitration hearing.

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.

© Payne & Fears | Attorney Advertising

Written by:

Payne & Fears

Payne & Fears 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.