Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer 2019

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Current Issue: Summer 2019

The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the latest edition of The World in U.S. Courts: Orrick’s Quarterly Review of Decisions Applying U.S. Law To Global Business and Cross-Border Activities. This issue contains our summaries of new U.S. federal court decisions, in areas of the law including the Foreign Sovereign Immunities Act, Arbitration, Securities Law, White Collar Criminal Law, and Personal Jurisdiction.

Please take a moment to review the members of our Editorial Board, who are drawn from Orrick’s 25+ offices in North America, Europe, and Asia. From this page, you may also go directly to the list of decisions discussed in this issue and the summaries of the cases and authorities. We have also provided a very brief summary description of the statutes that plaintiffs have sought to apply to conduct outside the U.S. To do any of these things, please click the appropriate link below.

Editorial Board

U.S. Laws Discussed in This Issue

Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination

Carmona v. LEO Ship Management, Inc., US Court of Appeals for the Fifth Circuit, May 10, 2019

The plaintiff, Jose Carmona, worked on a ship docked at a port in Texas. The defendant, Leo Ship Management (LSM), operated the ship. Carmona was injured while unloading cargo and sued LSM for negligence. LSM operated the ship but did not own it. LSM could not control the ship’s destination but had advance notice that it was going to Texas. LSM’s rights were limited to freely terminating the contract with the ship’s owner, with notice, if it objected to the Texas destination. LSM had no other contacts with Texas.

The Court considered whether it could assert “specific” personal jurisdiction over LSM as a result of the ship’s connection with the Texas, noting that such a finding required (i) that the defendant have “minimum contacts” with Texas as a result of “purposefully directing” activities at the State, or purposefully benefiting from the State; 2) the lawsuit is based on those contacts; and 3) jurisdiction would be fair so as to satisfy the requirements of the Due Process Cause of the US Constitution. The key dispute centered on whether LSM’s contact with Texas was “purposeful” and whether some parts of the lawsuit were based on that contact.

The Court first observed that committing a tort while present in Texas does not automatically grant personal jurisdiction; contacts there must still be purposeful. The Court found such a purpose in its connection with the ship and the ship’s activities. Even though LSM did not control the ship’s destination, it knew the ship was going to Texas and chose to complete its contract. LSM’s knowledge of the destination, combined with its right to terminate the contract, made entering Texas purposeful and, in the Court’s view, established minimum contacts with the forum to satisfy the first test for specific personal jurisdiction.

The Court concluded, however, that only some of Carmona’s claims were based on that contact, as required by the second specific personal jurisdiction test. One claim alleged that the cargo which injured Carmona was improperly stowed, but a third party committed this negligent act while outside the US. The Court thus found the claim was not based on LSM’s contact with Texas and dismissed it. Two other disputed claims dealt with the ship’s safety precautions and its obligation to minimize cargo hazards. The Court noted that LSM employees allegedly inspected the cargo’s condition in Texas but failed to make sure it was safe. The Court said those claims were based on LSM’s contact with Texas and thus were allowed to proceed. The relatedness of several other claims was not in dispute.

This case was an appeal, and the district court never considered the last element of specific personal jurisdiction, fairness. As a result, the Court sent the case back to the district court to consider that requirement.

No Specific Personal Jurisdiction over Japanese Car Manufacturer where Plaintiff Presented Virtually No Evidence of Forum-Specific Contacts

Kellogg-Borchardt v. Mazda Motor Corporation, US District Court for the District of New Mexico, May 21, 2019

The plaintiff, Alicia Kellogg-Borchardt, was severely injured in a car accident while she was driving a Madza sedan in New Mexico. She sued Mazda Motor Corporation, a Japanese company, for torts and breach of warranty. Mazda asked the Court to dismiss the case for lack of personal jurisdiction.

Only “specific” personal jurisdiction was at issue. The Court stated that Kellogg-Borchardt was required to show that Mazda had “minimum contacts” in New Mexico by establishing that Mazda “purposefully directed” activities there, and Kellogg-Borchardt’s injuries arose out of those activities. Kellogg-Borchardt’s evidence of contacts between Mazda and New Mexico included that the accident took place in New Mexico, Kellogg-Borchardt purchased the car from a New Mexico used car dealership; the car was titled in New Mexico, Mazda corporate documents indicated the US was a major market, and Mazda’s website can direct users to New Mexico dealerships.

The Court found that the evidence only showed contacts with the US as a whole and failed to show that Kellogg-Borchardt’s injuries arose out of any of Mazda’s contacts with New Mexico specifically. The corporate documents showed no New Mexico-specific information, Mazda’s car dealerships in New Mexico were associated with Mazda’s US subsidiary, not Mazda itself, and Mazda’s mere awareness that its cars would enter the stream of commerce in New Mexico did not establish “purposeful direction.” The Court listed examples that might qualify as purposeful direction, including designing a product specifically for New Mexico, advertising there, providing support services for New Mexico customers, or marketing through a sales agent there. But, no evidence in the case at bar supported those examples.

The Court observed that the requirement that a claim arise out of contacts also appeared not to be satisfied. Even if there had been purposeful direction by Mazda, no evidence linked conduct by Mazda in New Mexico to the accident or connected Mazda to how the car came to be in New Mexico at all. As a result, the Court found that Kellogg-Borchardt failed to establish minimum contacts and dismissed the case for lack of personal jurisdiction.

Personal Jurisdiction Exists Over Japanese Baseball Company That Allegedly Directed Contract Negotiations and Payments Toward Player Living in Pennsylvania But Jurisdiction Not Imputed to Parent Company

Lutz v. Rakuten, Inc., US District Court for the Eastern District of Pennsylvania, April 22, 2019

Plaintiff Lutz, a former professional baseball player, brought a fraud and misrepresentation action against Rakuten, Inc. (“Rakuten”) and its wholly-owned subsidiary, Rakuten Baseball, Inc. (“Rakuten Baseball”), both Japanese corporations. Lutz maintained a continuous residence in Pennsylvania while playing for the Tohoku Rakuten Golden Eagles in Japan, which is owned by Rakuten Baseball.

Lutz suffered a fractured thumb while playing for the Golden Eagles during the 2014 season and returned home to Pennsylvania for treatment and to recover. While in Pennsylvania, Lutz and his agents engaged in negotiations with the Golden Eagles regarding a contract for the 2015 season. Lutz signed a proposed contract with the Golden Eagles guaranteeing a base salary of $700,000. However, in December of 2014, Lutz and his agents began dealing with a new contact at the baseball team, who allegedly informed them that the team would not sign the contract signed by Lutz, that the team intended to renegotiate the terms of the contract, and finally, that the team had decided to cease negotiations. Lutz was then released on January 5, 2015, and ultimately signed a contract with a Korean baseball team for a salary of $550,000 which also did not include incentive bonuses or expenses contained in the Golden Eagles’ contract.

Lutz filed a complaint alleging fraud and misrepresentation, among other causes of action. Defendants moved to dismiss for lack of personal jurisdiction and failure to state a plausible claim for relief. The court granted the motion in part, holding that it had personal jurisdiction over Rakuten Baseball, but not over Rakuten.

With respect to Rakuten Baseball, the court found that the company had purposefully directed its activities at Pennsylvania by directly communicating with Lutz via texts, emails, and phone calls while he was in Pennsylvania. Rakuten Baseball was allegedly aware that Lutz was a Pennsylvania resident and had knowingly reached into Pennsylvania to recruit and employ him to play baseball. The company had also wire-transferred Lutz’s salary for the 2014 season to his bank account in Pennsylvania and had paid a US company for medical insurance for Lutz’s physical therapy and rehabilitation, most of which took place in Pennsylvania. Based on these alleged facts, the Court also found that the litigation arose from Defendant’s contacts with the forum and that the exercise of jurisdiction would not offend fair play and substantial justice. In particular, the court stated that the “relative finances” of the parties “is an overwhelming factor” supporting the exercise of jurisdiction.

With respect to Rakuten, however, the court held that even if Rakuten had directed any activities towards Pennsylvania (which it only assumed for its analysis), none of Lutz’s allegations arose out of any contacts with the forum by Rakuten, as opposed to Rakuten Baseball. The Court also analyzed whether Rakuten could be subjected to personal jurisdiction through its websites or by imputation through Rakuten Baseball and rejected both arguments, holding that the websites did not specifically target Pennsylvania citizens and that Rakuten did not control the day-to-day activities of Rakuten Baseball.

The Court then went on to hold that personal jurisdiction also could not be exercised over Rakuten under the Calder effects test, which allows a court to find personal jurisdiction where (1) a defendant has committed an intentional tort, (2) that was expressly aimed at the forum, and (3) the Lutz felt the brunt of the harm in the forum. The court found nothing in the record to suggest that Rakuten had expressly aimed its tortious conduct, or any conduct connected to the litigation, at the forum. All of Lutz’s allegations were directed at Rakuten Baseball, not Rakuten. Finally, the Court held that Rakuten did not have continuous or systematic affiliations with Pennsylvania sufficient to support “general” personal jurisdiction.

Specific Personal Jurisdiction Satisfied by Overseas Defendant’s Control over Wholly-Owned US Subsidiaries

Manlove v. Volkswagen Aktiengesellschaft, US District Court for the Eastern District of Tennessee, May 3, 2019

The Defendant, Volkswagen Aktiengesellschaft (VWAG), is a German corporation. It operates in the Tennessee forum through two wholly-owned subsidiary corporations, Volkswagen America and Volkswagen Chattanooga. The Plaintiff, Jonathan Manlove, works for Volkswagen Chattanooga. Manlove alleged that VWAG instituted a global workforce initiative that systemically discriminated against older workers, and that VWAG’s US subsidiaries instituted that initiative at VWAG’s direction. He claimed Volkswagen Chattanooga did not promote him, and demoted him, because of VWAG’s initiative, and sued VWAG and the subsidiaries for age discrimination. As relevant here, VWAG claimed that the Court could not assert personal jurisdiction over it.

The Court only considered whether the requirements of specific personal jurisdiction over VWAG had been met. In Tennessee, courts may assert specific jurisdiction over a defendant where 1) the defendant purposefully benefits from actions in the State or causes consequences there; 2) the lawsuit arises from or is related to the defendant’s activities in the State; and 3) doing so would be reasonable in conformity with the Due Process Clause of the US Constitution. In this case, Manlove alleged that VWAG controlled its US subsidiaries, including their workers’ activities and promotions. VWAG did not provide a factual response to this allegation and the Court concluded that this alleged control was sufficient to show that VWAG purposefully benefited from actions in the State or caused consequences there. The Court also said that the workforce initiative and VWAG’s alleged requirement that US Subsidiaries to implement it was both the basis of the lawsuit and VWAG’s connection to Tennessee. Therefore, Manlove’s claims arose from WAG’s alleged activities in Tennessee. Lastly, the Court observed that VWAG did not attempt to dispute the reasonableness prong of the specific personal jurisdiction test. With all three elements met, the Court found that it had specific personal jurisdiction over VWAG.

Personal Jurisdiction Over Canadian Corporation and Alter Ego-Based Jurisdiction Over its Sole Shareholder and Sole Creditor

Micro Fines Recycling Owego, LLC v. Ferrex Engineering, Ltd., US District Court for the Northern District of New York, April 22, 2019

Plaintiff Micro Fines Recycling Owego, LLC (“Micro Fines”) sued Defendants Ferrex Engineering, Ltd. (“Ferrex”), 1199541 Ontario, Inc. (“1199541”), and Tom Clarkson for rescission and breach of express and implied warranties relating to the sale of an industrial dryer. Micro Fines, a New York metal recycling company with its principal place of business in New York, paid Ferrex, a Canadian corporation with its principal place of business in Ontario, $435,000 for a rotary dryer and associated equipment. When the dryer malfunctioned, the parties initially attempted to resolve the issue. When that failed, Micro Fines formally rejected the dryer, demanded a full refund, and later filed suit. Micro subsequently amended its complaint to assert that Ferrex was merely a shell controlled by 1199541, a Canadian corporation with its principal place of business in Ontario, and Clarkson, who is the sole shareholder of 1199541 and the President and sole shareholder of Ferrex.

Clarkson and 1199541 moved to dismiss the action for lack of personal jurisdiction and for failure to state a claim. Micro Fines argued that the Court had direct personal jurisdiction over Ferrex and that it had personal jurisdiction over Clarkson and 1199541 on an “alter ego” theory, under which the three defendants would be considered the same for purposes of jurisdiction and liability. The Court readily found personal jurisdiction over Ferrex–which no party expressly challenged–because it engaged in consulting work and conducted sales in Owego, New York, and also sent maintenance representatives and repair workers into the forum. More specifically, the dispute at issue arose directly from Ferrex’s decision to contract with the New York-based Micro Fines, deliver the dryer to Micro Fines in New York, engage in numerous communications with Micro Fines in New York, and send both employees and a subcontractor to New York to work on the dryer. The Court therefore found that Ferrex had sufficient contacts with the forum to support personal jurisdiction and that exercising jurisdiction would not offend traditional notions of fair play and justice.

With respect to Clarkson and 1199541, the Court noted that the alter ego theory (also referred to as “piercing the corporate veil”) required satisfaction of a two-part test in New York: “(i) that the owner exercised complete domination over the corporation with respect to the transaction at issue; and (ii) that such domination was used to commit a fraud or wrong that injured the party seeking to pierce the veil.” The Court also observed that there was disagreement over whether a plaintiff seeking to pierce the corporate veil had to satisfy both prongs of the test, or just one. In the jurisdictional context in particular, the Court stated that earlier decisions had required only a showing that the controlled entity was a shell, without necessitating a showing of fraud.

Applying the 10 factors identified in relevant case law, the Court found that both “alter ego” defendants were properly subject to jurisdiction. Clarkson was the President of Ferrex and the sole shareholder of both Ferrex and 1199541. Meanwhile, 1199541 was the sole creditor of Ferrex and held a perfected security interest in the assets of Ferrex. Further, Micro Fines alleged that Ferrex’s counsel had stated to Micro Fines that Ferrex would be judgment proof because 1199541 could call its loan to Ferrex, leaving Ferrex with no assets, and that “Clarkson could re-open under another corporate name immediately.” The Court found that this “suggest[ed] complete domination,” because it indicated that the entities did not deal at arms-length and that Ferrex lacked business discretion. As a result, the court held that the corporate veil was pierced as to Clarkson. The Court then found the same as to 1199541, rejecting the defendant’s argument that if Clarkson “completely dominated” Ferrex, it was impossible for 1199541 also to do so. To the contrary, the Court held that the “interconnected nature of the alleged scheme” allowed for the possibility that both alter ego defendants dominated Ferrex.

Finally, though the Court acknowledged uncertainty as to whether a showing of a fraud or wrong was necessary to establish alter ego liability, it went on to hold that Micro Fines had sufficiently alleged that the defendants committed a wrong resulting in injury. Specifically, the court held that Micro Fines’ allegation that the defendants threatened to render Ferrex judgment proof constituted a wrong, despite the fact that no actual asset transfer had taken place, because the defendants had taken steps to set up a corporate structure that could elude liability.

Personal Jurisdiction Based on Canadian Corporation’s Seven Year Distribution Agreement with California Company

Quest Nutrition, LLC v. Nutrition Excellence, Inc., US District Court for the Central District of California, April 23, 2019

Plaintiff Quest Nutrition, LLC (“Quest”) is a Delaware company headquartered in California. Defendant, Nutrition Excellence, Inc. (“NEI”) is a Canadian corporation headquartered in Ontario. NEI was the exclusive Canadian distributor of Quest products for seven years pursuant to an oral distribution agreement between the parties. Quest terminated that agreement in early 2018, and the parties filed competing suits–NEI in Ontario and Quest in Los Angeles. As relevant here, NEI moved to have Quest’s suit dismissed for lack of personal jurisdiction and forum non conveniens.

The Court addressed whether NEI was subject to specific personal jurisdiction in California, looking first to whether NEI had “purposefully directed” its activities toward the State. It found this requirement satisfied by the company’s extensive contacts with the State, including numerous physical entries and millions of dollars in transacted business. For instance, from January 2014 to November 2017,Quest sold $35 million in products to NEI, whose employees and agents entered California at least 150 times to pick up the goods. The Court was not swayed by NEI’s arguments that Quest had solicited the relationship, that the agreement lacked a California choice of law clause, or that most of the disputed orders had been picked up in Tennessee, not California. Notwithstanding those facts, the Court found that NEI had “manifestly availed itself” of the privilege of conducting business in the forum through a distribution agreement that “envisioned continuing and wide-reaching contacts” within the State.

The Court further found that the litigation was related to NEI’s California contacts and that the exercise of jurisdiction would not be unreasonable or unduly burdensome. So far as the reasonableness inquiry was concerned the Court found that modern advances in communication and travel have reduced the burden of litigating in another country and that the Canadian suit concerned different issues than the California suit—namely the termination of the agreement, and the alleged default on specific orders, respectively—such that resolution of the Canadian action would not resolve Quest’s claims. Further, the Court held that California has a “manifest interest in providing its residents with a convenient forum for redressing injuries inflicted by out of state actors.”

The court rejected NEI’s forum non conveniens argument, noting that a forum is presumptively convenient where “a domestic plaintiff initiates litigation in its home forum.” Though Ontario, Canada provided an adequate alternative forum, the Court found that each of the private and public interest factors it was required to consider either weighed against dismissal or was neutral. The Court held that a domestic company’s choice to sue in its home jurisdiction is entitled to great deference, that there were strong local interest factors supporting the suit being heard in California, and that there were no efficiencies to be gained in travel, cost, or access to evidence in the Canadian forum.

No Personal Jurisdiction Over Australian Bank and Company when Only US Contacts were CTFC Registration and Globally Accessible Website

Waraich v. National Australia Bank LTD, US District Court for the Southern District of Texas, May 30, 2019

The Plaintiff, Sean Waraich, is a US resident. The relevant defendants, International Capital Markets (ICM) and the National Australia Bank (NAB), are Australian. Waraich alleged that he lost $120,000 in foreign-exchange market investments via ICM’s website. He sued, claiming that ICM and NAB violated the Commodities Exchange Act (CEA) through their failure to comply with US Commodities Futures Trading Commission (CFTC) regulations. Among other issues, the Court evaluated whether there was personal jurisdiction over the defendants.

Waraich asked the Court to review a CFTC Judgement Officer’s prior ruling that there was no personal jurisdiction over NAB. His only new argument was that NAB’s registration with the CFTC provided the Court with “general” jurisdiction—i.e., jurisdiction for all claims whether or not related to NAB’s contacts with Texas. The Court concluded that NAB’s registration with the CFTC did not render it “essentially at home” in the US, which is the test for general personal jurisdiction. The Court also noted that NAB had no contacts in the US so as to support “specific” personal jurisdiction, and so did not set aside the CFTC ruling.

The Court also considered whether it had personal jurisdiction over ICM. Waraich said it did because of ICM’s commercial website, which he accessed in the US and thus, in his view, established the requisite minimum contact. The Court responded that personal jurisdiction could potentially arise from a website if it could be deemed to be purposefully targeting US residents or purposefully benefiting from the privileges of doing business in the US. But sales generated by US residents also had to be significant to support jurisdiction. Here, the Court noted that ICM had no US offices or sales agents, did not solicit business targeting US customers, and Waraich identified no US customers beyond himself who had accessed the website. The fact that Waraich used ICM’s globally accessible website from within the US did not mean that ICM purposefully targeted US residents or benefited from doing business there.

In addition, the Court stated that the CEA could only have extraterritorial effect when the connection to, or effect on, US commerce was significant, or when activities violated rules or regulations designed to prevent circumventing the act. The Court concluded, however, that Waraich alleged no plausible violation of the CEA, let alone a significant impact on US commerce or circumvention of the act.

With no personal jurisdiction, and no plausible CEA claim, the Court denied all Waraich’s motions.

[Editor’s note: The Waraich case is also addressed in the Securities Fraud/Commodities Exchange Act section of this report.]

No Personal Jurisdiction in New York Discrimination Case over Tiawanese Company that Allegedly Attempted to Recruit a Candidate in New York for Overseas Employment

Yih v. Tiawan Semiconductor Manufacturing, US District Court for the Southern District of New York, June 24, 2019

The plaintiff, Jinshyr Yih, is a US citizen living in New York. The defendant, Tiawan Semiconductor Manufacturing Company (TSMC), is a Taiwanese corporation headquartered in Taiwan. Yih applied for a job at TSMC. He interviewed remotely from New York several times with TSMC personnel in Taiwan but was not hired. Yih sued TSMC for discrimination based on national origin, sex, and age. TSMC asked the Court to dismiss the case for lack of personal jurisdiction over it.

The Court first addressed “general” personal jurisdiction, which as a matter of New York law allows a defendant to be sued on any claim within a court’s subject matter jurisdiction but requires that it be “present” in the State. The only relevant potential basis for “presence” here was TSMC’s solicitation of business in New York, so long as it was “substantial and continuous.” According to the opinion, there was alleged evidence that TSMC transacted a small percentage of its business in New York, but no evidence that it solicited any business there, let alone a substantial and continuous amount, so the test was not satisfied. A significant percentage TSMC’s shares were owned by a US bank as an investment vehicle but that similarly was not continuous or systematic solicitation of business in New York.

The Court also addressed “specific” jurisdiction, which arises where a defendant “purposefully directed” corporate actions at New York residents and the plaintiff’s claims are based on or related to those actions. The Court observed that even a single connection to New York could be sufficient to support the assertion of jurisdiction so long as it is substantial and supplies the connection upon which the lawsuit was based. Only one relevant New York activity was alleged in this case—TSMC’s attempt to recruit Yih. The Court found that alleged recruitment effort and related communications originated outside of New York, and would be relevant only if they were recruiting Yih for a job inside New York. Although Yih alleged that was the case, the Court found otherwise. Yih’s “subjective belief” he was being recruited for a job in New York, the Court concluded, “cannot create jurisdiction.”

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.

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We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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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.