Perspectives for the Professions: Freedom of Speech + Professional Discipline: Striking the Balance

Field Law

Field Law

*In the age of social media, individuals have more opportunities than ever to express themselves and their views in the public sphere. Sometimes the views expressed by regulated professionals could cross the line into unprofessional conduct. Professional regulators thus continue to grapple with the impact of social media on their regulatory functions.

Adding to the difficulty of this task is the impact of the right to freedom of expression, a right which is protected by the Canadian Charter of Rights and Freedoms (the Charter).1 Regulators must be mindful of the impact their actions may have on their members’ right to free speech.

This is because issues may arise where an individual’s freedom of expression may come into tension with the need of a regulator to regulate the profession in the public interest, for example in cases involving issues such as criticism of the profession, intemperate or inappropriate speech, and other similar issues.
Freedom of Expression

The right to free expression is protected for all individuals by virtue of section 2(b) of the Charter of Rights and Freedoms, which states that everyone has the fundamental freedom of “…thought, belief, opinion and expression, including freedom of the press and other media of communication.”

Section 2(b) has been the subject of a significant amount of Canadian case law. As the Supreme Court wrote in 1989, “"is difficult to imagine a guaranteed right more important to a democratic society.”2 Generally speaking, section 2(b) has been interpreted broadly, and protects an individual from interference with any activity that conveys or attempts to convey meaning, with some limited exceptions.3 Importantly, the right to free expression includes protection for unpopular or offensive views.4

However, the right to free expression may come into conflict with an individual’s professional obligations. While the right is particularly important in the context of criticism of public institutions,5 it is not absolute. Interesting issues arise regarding the extent to which an individual can be disciplined by his/her professional regulator for making statements that would otherwise be protected by section 2(b) of the Charter. Courts have been asked to delineate the proper line between the maintenance of freedom of expression of professionals, while still ensuring that a regulator’s ability to regulate the profession and maintain its integrity is not undermined.6
The Regulator’s Task – Considering and Balancing Charter Values

Regulators whose activities have the effect of limiting a member’s right to express themselves must be balanced against the Charter value of freedom of expression.7

This issue was considered in Doré v Quebec (Tribunal des professions), where the Supreme Court established an analytical approach for regulators to follow in cases where a tension arises between the regulator’s mandate and the member’s right to freedom of expression.

Gilles Doré is a lawyer in Quebec. During proceedings in the Superior Court of Quebec, Mr. Doré was subject to a number of insulting comments made by the judge. Mr. Doré decided to respond in kind by sending the judge a private letter containing personalized and insulting statements about the judge. The judge reported Mr. Doré to the Barreau du Quebec (the provincial Law Society). A discipline committee of the Barreau du Quebec found that Mr. Doré had engaged in unprofessional conduct by sending the letter to the judge, and suspended him for 21 days. Mr. Doré challenged the disciplinary decision, asserting that his comments should be protected by his right to free speech, and thus he should not have been disciplined.

The Supreme Court concluded that in order for a regulator’s decision to be reasonable, it must achieve an appropriate balance between Charter values and the legitimate objectives of the regulator. This is because all administrative decision-makers (including regulators) must act consistently with Charter values.

With this in mind, the Court in Doré established the following analytical framework for an administrative decision maker to apply Charter values when exercising its statutory discretion:

  1. First, the decision maker should consider the objectives of the statutory scheme. A regulator is well-suited to determine matters on a case-by-case basis in light of the decision maker’s particular area of expertise and focus.
  2. Second, the regulator should ask how the Charter value at issue will be best protected in light of the statutory objectives. This is, in essence, a proportionality exercise, which requires the decision maker to balance the severity of any interference with Charter protections with statutory objectives. 

Regulators will be afforded some leeway, and the proportionality test will be satisfied if the measure falls within a range of reasonable alternatives. In all circumstances, the goal is to ensure that the rights at issue are not unreasonably limited, and that a decision interferes with a Charter right/value no more than is necessary given the regulator’s statutory objectives.

On the facts of the case, the Court noted that there is a public benefit in lawyers being able to express themselves about the justice system in general, and that this means that “[p]roper respect for these expressive rights may involve disciplinary bodies tolerating a degree of discordant criticism”.8 However, the focus is on balance, and lawyers are constrained by their profession to criticize with “dignified restraint”.9

As a result, the Court concluded that the 21-day suspension was reasonable, and “reflected a proportionate balancing of its public mandate to ensure that lawyers behave with ‘objectivity, moderation and dignity’ with the lawyer’s expressive rights”.10

The impact of the Doré decision continues to play out in the professional disciplinary sphere. The proportionality exercise is influenced by the type of speech at issue because the case law makes clear that not all speech will receive the same level of protection. The level of protection will diminish where the speech moves farther away from the core values protected by section 2(b), which have been described as including the search for political, artistic, and scientific truth, the protection of individual autonomy and self-development, and the promotion of public participation in the democratic process.11

In contrast, speech which strays far from the purposes of the freedom of expression guarantee, such as speech importing notions of violence, will be viewed as less worthy of protection in the balancing exercise. For example, in Foo (Re), the Review Panel of the Law Society of British Columbia upheld the finding that the statement “I should shoot you… you take away too many kids” made by a lawyer to a Ministry Social Worker was unprofessional conduct. The Review Panel concluded that the finding was proportionate given the fact that the comment was a threat of violence and served no legitimate purpose.13
A Recent Example of Balancing in Action: Strom v Saskatchewan Registered Nurses’ Association

A recent example of a case involving a direct clash between in interests of a regulator and an individual’s freedom of expression is Strom v Saskatchewan Registered Nurses’ Association.

The case involved Carolyn Strom, a registered nurse from Saskatchewan. Ms. Strom was critical of the end-of-life care that her grandfather had received at a care facility in Saskatchewan and took to social media to express her concerns. At the time, Ms. Strom was on maternity leave and not working in Saskatchewan. She was not employed at the particular care facility.

Ms. Strom’s initial post was on Facebook, and included comments that the staff at the care facility were not “up to speed” on how to approach end of life care, had made her grandfather’s last years “less than desirable” and cautioned others to “keep an eye on things”. She concluded her post by stating: “The fact that I have to ask people, who work in health care, to take a step back and be more compassionate, saddens me more than you know!”.

In response to comments she received on her Facebook post, Ms. Strom posted comments such as the following:

  • … And this has been an ongoing struggle with the often subpar care given by to my … Grandparents (especially Grandpa) for many years now… Hence my effort to bring more public attention to it (As not much else seems to be working).
  • As an RN and avid health care advocate myself, I just HAVE to speak up!
  • … I am also now asking people to just rethink…. “Why do you do your job?” “Do you actually care about the people you WORK FOR/Care For?” “Or is it JUST A JOB, WITH A PAYCHEQUE?”

Ms. Strom decided to make her Facebook discussion known to the provincial Minister of Health and the provincial Leader of the Opposition, by tweeting them both a link to the discussion. By doing so, she changed her Facebook post privacy status from “Private” to “Public”, meaning that the posts were now accessible to anyone who followed the link she tweeted.

The Saskatchewan Registered Nurses’ Association asserted that Ms. Strong had engaged in professional misconduct by publicly posting the comments. In particular, it was alleged that she failed to follow proper channels in issuing criticism, publicly called into question the facility and staff causing impact to their reputation, failed to first obtain all of the facts from the facility and care providers, and used her status as a registered nurse for personal purposes.

After a hearing, the Discipline Committee of the Nurses’ Association found Ms. Strom guilty of unprofessional conduct. It ordered her to pay a fine of $1,000, and to pay $25,000 for the costs of the proceedings over three years. The Discipline Committee expressly acknowledged in its decision that Ms. Strom’s freedom of expression right was engaged, but concluded that any infringement was justified and thus not a breach of the Charter.

Ms. Strom appealed the decision to the Saskatchewan Court of Queen’s Bench. The case garnered significant media attention, and brought to light issues regarding a professional’s right to freedom of expression, and whether the Nurses’ Association had the power to restrict Ms. Strom’s freedom of expression.

The Court assessed the matter in detail, and concluded that the Nurses’ Association had struck an appropriate balance. In particular, it was reasonable for the Discipline Committee to have concluded that Ms. Strom engaged in professional misconduct. It considered factors such as the purpose of professional discipline, the conclusion that Ms. Strom’s comments harmed the reputation of the facility and its staff and undermined public confidence, and that Ms. Strom had invoked her status as a registered nurse in so doing. The Discipline Committee accepted that Ms. Strom was not motivated by malice and concluded that it does not seek to “muzzle” registered nurses from using social media, but emphasized that registered nurses who use social media must conduct themselves professionally and with care.13

In this case, there was evidence that Ms. Strom had not been a frequent visitor at the care facility, and her comments stemmed centrally from information relayed to her by others. She did not ever discuss any concerns with care with people working at the facility. In light of all of these considerations, it was reasonable for the Discipline Committee to conclude that Ms. Strom had engaged in conduct that was “contrary to the best interests of the public or nurses or tends to harm the standing of the profession of nursing”.

The Discipline Committee was alive to the right to freedom of expression, and appropriately balanced this right with the need to address Ms. Strom’s professional misconduct. The finding of professional misconduct was not because she expressed her concerns, but the manner in which she did so.

The Strom decision has been appealed to the Saskatchewan Court of Appeal, and a hearing is anticipated in the coming year.
BUT, Context Matters!
The Strom case demonstrates that regulators will be given some leeway in determining whether discipline is warranted in a particular case. However, a recent decision from the Supreme Court demonstrates how important a contextual, nuanced analysis is when applying the Doré framework.

The case of Groia v Law Society of Upper Canada reached a different result regarding the reasonableness of discipline. The case involved Joseph Groia, a lawyer in Ontario. During a trial in which Mr. Groia was defending a client against an Ontario Securities Commission prosecution, a number of contentious disputes arose between Mr. Groia and the prosecutors in open Court. Mr. Groia frequently accused the prosecutors of misconduct (though it appeared that much of the disagreement actually resulted from Mr. Groia being mistaken about the law of evidence and the role of the prosecutors).

After the trial concluded, the Law Society disciplined Mr. Groia, alleging professional misconduct based on “uncivil behaviour” during the trial. Mr. Groia appealed. One of his arguments was that he enjoyed freedom of expression to make the statements he made in court. Both the Divisional Court and the Ontario Court of Appeal disagreed with Mr. Groia, and upheld the Law Society’s decision to discipline.

However, the Supreme Court concluded differently, and found that based on a multi-factorial, context-specific approach, there needs to be a balance between civility in the court room and the need to act as a fearless and zealous advocate. On the facts of this case, discipline against Mr. Groia was unreasonable.
Recently, the Alberta Court of Appeal applied the Doré framework in Zuk v. Alberta Dental Association and College. There, the member, Dr. Zuk, argued that when the College’s Hearing Tribunal disciplined him for contraventions of the Health Professions Act and the College’s Code of Ethics based on his publications in the newspaper, his book and his websites, the decision infringed his Charter right to free expression.  In balancing Dr. Zuk’s freedom of expression against the College’s statutory objective of maintaining the integrity and reputation of the profession, the Court of Appeal determined that Dr. Zuk’s freedoms were not impaired more than was reasonable necessary. It determined that “given the insulting tone of many statements, it is difficult to see how the Hearing Tribunal could have furthered the goal of ensuring respect for appropriate standards of professional conduct among dentists themselves without sanctioning them”.
Considerations for Regulators
The legal analysis when freedom of expression issues are engaged remains focused on balancing Charter values and the legitimate objectives of the regulator, as set out in the Doré decision.

A multi-factored, context-specific inquiry will remain appropriate and required by the law. This means that regulators need to be aware of, and alive to, concerns regarding freedom of expression when engaging in disciplinary matters. Particularly in cases involving off-duty conduct, regulators need to be attentive to freedom of expression concerns and ensure they do not go too far in disciplining conduct that might be protected by the Charter. That being said, reviewing courts will give some lee-way to regulators to ensure they are able to regulate in the public interest.

Article can be reproduced with permission. To request permission, contact
Tessa Gregson, Perspectives Editor, at

* Portions of this article are taken from “Charter Considerations for Administrative Tribunals” by Katrina Haymond, Ayla Akgungor and Leah McDaniel, presented at the Canadian Institute: Advanced Administrative Law & Practice Conference, November 29, 2017.

1 Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].
2 Edmonton Journal v Alberta (Attorney General), [1989] 2 SCR 1326 at 1336.
3 Irwin Toy Ltd v Quebec (Attorney General), [1989] 1 SCR 927.
4 R v Keegstra, [1990] 3 SCR 697; Saskatchewan (Human Rights Commission) v Bell, 1994 CanLII 4699 (SKCA).

5 See e.g. R v Kopyto, 1987 CarswellOnt 124 (ONCA) at paras 194-96.
6 James T Casey, The Regulation of Professions in Canada (Toronto: Carswell, 2015) at 3-5.

7 Bryan Salte, The Law of Professional Regulation (Markham, Ontario: LexisNexis Canada, 2015) at 391.

8 Ibid at para 65.

9 Ibid at para 68.

10 Ibid at paras 8. 71.

11 Edmonton Journal v Alberta (Attorney General), supra; Canadian Broadcasting Corp v New Brunswick (Attorney General), [1996] 2 SCR 480 at para 63; RJR MacDonald Inc v Canada (Attorney General), [1995] 3 SCR 199 at para 72.

12 Ibid at para 35.

13 Ibid at para 71.

14 Ibid at para 113.


Written by:

Field Law

Field Law 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.