Predictive Coding Comes of Age

by Quinn Emanuel Urquhart & Sullivan, LLP

So-called “predictive coding”—using a small number of manually-coded documents to analyze and predict appropriate coding for a much larger set of documents —has become a hot topic in e-discovery. This past year brought the first reported judicial decisions explicitly authorizing the practice. 2012 also saw some of the first disputes concerning the appropriate methodologies for this technique.

In coming years, the use of predictive coding will continue to grow as litigants seek to limit discovery costs. Judges may also continue to endorse the practice, even incorporating it into model e-discovery orders. But early adopters should proceed with caution; the practice is likely to generate many disputes as acceptable methodologies and best practices are established.

The Evolution of Computer-Assisted Document Review
As companies have moved away from paper file systems and toward electronically stored information (ESI), the number of documents that must be collected and reviewed in civil litigation has skyrocketed. A number of technologies have been used to handle this explosion in discoverable information. Predictive coding is the latest technical evolution for reviewing and producing large data sets.

Manual Review: Not long ago, manual, linear, “eyes-on-the-page” analysis was the predominant method of document review. The process started with collecting documents that were potentially responsive to formal requests for production. The data collections, especially in complex civil litigation, often contained millions of pages. A small army of junior associates, contract attorneys, and even paralegals would then mobilize to manually review the documents for responsiveness, privilege, and confidentiality.

Although many still consider manual review to be the “gold standard,” it is rife with performance and quality shortcomings. Analysts estimate that when operating at a maximum review speed of about 100 documents per hour, a decision on relevance, responsiveness, privilege, or confidentiality would need to be made in an average of 36 seconds. See Nicholas M. Pace and Laura Zakaras, Where the Money Goes; Understanding Litigant Expenditures for Producing Electronic Discovery (RAND Corporation 2012) (hereafter “Pace & Zakaras”). As a result, the document review in a large case could take thousands of man-hours. This significant expenditure of time and money does not come with a guarantee of accuracy; studies suggest that up to 95% of reviewer disagreement is the result of human error and not simply close questions of relevance. See Maura R. Grossman & Gordon v. Cormack, Inconsistent Assessment of Responsiveness in E-Discovery: Difference of Opinion or Human Error? 9 (ICAIL 2011 / DESI IV: Workshop on Setting Standards for Searching Elec. Stored Info. in Discovery, Research Paper).

Keyword Search: Keyword searching is a rudimentary form of computer assistance that narrows the scope and number of documents for further manual review. In a typical keyword search, the producing party runs a set of keywords against emails and other electronic documents to identify a smaller set of documents to be manually reviewed for responsiveness. Typically, multiple keywords and Boolean relationships among them can be utilized. Keyword searching offers performance improvements over manual searching, and is highly common in modern e-discovery. Courts have explicitly endorsed the practice and have even incorporated keyword restrictions and search terms into model orders for e-discovery. See, e.g., Federal Circuit’s Model E-Discovery Order for Patent Cases, available online at (proposing that email productions occur using “five search terms per custodian”).

Yet keyword searching is also rife with shortcomings. Keyword searches are frequently overinclusive and underinclusive; search terms fail to capture many relevant documents, while simultaneously generating many false positives. When search terms turn out to be more common than expected in a document set, keyword searching will return a high number of documents that contain the keyword but have no possible relevance to the case—forcing the producing party to use expensive manual review to find truly relevant documents. A poorly chosen keyword often returns more “junk” than responsive documents. For that reason, great care must be taken by the producing party to identify appropriate keywords, often with the assistance of the document custodians themselves. Creativity must be employed to ensure that common synonyms, misspellings, acronyms, and abbreviations are included and keywords likely to generate false positives are excluded.

Predictive Coding: Predictive coding is the latest evolution of computer-assisted document searching. As with manual and keyword searching, the process begins by collecting a corpus of potentially responsive documents from the client. Next, attorneys review a small set of randomly selected documents to identify a “seed set” of documents that are clearly fitting, or not fitting, the desired document categories. Then, the predictive coding software uses the “seed” documents to create a template to use when screening new documents. Some systems produce a simple yes/no, while others assign a score (for example, on a 0 to 100 basis) relating to responsiveness or privilege. Attorneys then audit the identified documents to validate their relevance, responsiveness, or privilege. The computer uses the attorneys’ audit results to modify its search algorithm. The search algorithm is repeatedly audited and rerun until the system’s predictions and the reviewer’s audits sufficiently coincide. Typically, the senior lawyer (or team) needs to review only a few thousand documents to train the computer, at which point the system has learned enough to make confident predictions on a much larger data set—relevance of millions of documents.

Once a predictive model is generated, there are several ways the review might proceed. In the context of a review for relevance and responsiveness, one option might be to assume that all documents with scores above a particular threshold can be classified safely as responsive, while all those with scores below a particular threshold can be safely classified as not responsive. Only those documents with scores in the middle would require eyes-on review. Another option would be to perform eyes-on review of only those documents exceeding a particular score in order to confirm the application’s decisions, while dropping the remainder from all further work. Foregoing all manual review altogether is also a possibility, though likely not advisable, given the potential for unexpected error. As these examples illustrate, the umbrella term “predictive coding” can be used to describe a number of different ways that predictions are used and applied. The individuals supervising the review must pick appropriate cut-off points and use their best judgment as to whether and how humans will review and refine codes that are automatically applied.

Used carefully, predictive coding has the potential to offer significant performance and cost benefits, without compromising accuracy. Litigants are already touting the cost-saving potential; some defendants have claimed predictive coding would reduce time for production and review from ten man-years to less than two man-weeks, and would cost roughly 1% of the cost of human review. See Global Aerospace, Inc. v. Landow Aviation, 2012 WL 1431215 (Cir. Ct. Loudoun Cty. Va. 2012). As to accuracy, predictive coding has not been shown to be any less accurate than traditional manual review. (Pace & Zakaras, pp. 61-66.) Some studies suggest that predictive coding identifies at least as many documents of interest as traditional eyes-on review, with about the same level of inconsistency, and may in fact offer more accurate review for responsiveness than most manual reviews. (Pace & Zakaras, p. xviii) Actual cost savings will depend on a number of factors, including the size of the document set, challenges to the predictive coding methodology, and the document review methodology against which predictive coding is compared—but used in the right circumstances, the cost-saving potential of predictive coding is obvious.

Recent Decisions
While keyword searching has been the most frequently used choice of computer-assisted document review and searching, a small handful of recent cases have considered the use of predictive coding. As courts become more familiar with the practice, some are explicitly endorsing and recommending the practice.

Global Aerospace may be the first case actually ordering the use of predictive coding. Global Aerospace, Inc. v. Landow Aviation, 2012 WL 1431215 (Cir. Ct. Loudoun Cty. Va. 2012). The defendants argued that, with more than 2 million documents to review, it would take reviewers more than 20,000 hours to perform the task—10 man-years of billable time. 2012 Global Aerospace, Inc. v. Landow Aviation, 2012 WL 1419842 (Va. Cir. Ct. April 9, 2012). But with predictive coding, it would take less than two weeks at a cost of roughly 1/100 that of manual, human-review. Id. Having heard arguments, the Court ordered that Defendants could proceed with the use of predictive coding for processing and production of ESI. Global Aerospace, Inc. v. Landow Aviation, 2012 WL 1431215 (Va. Cir. Ct. April 23, 2012).

Global Aerospace stopped short of an unqualified approval of predictive coding. For example, predictive coding cannot work effectively if a representative corpus is not used for the initial training. The Global Aerospace court noted that the receiving party was free to challenge the completeness of the contents of the production and the manner in which predictive coding was used for new documents. Id.

In Moore v. Publicis, perhaps the most significant judicial decision on predictive coding to date, the Southern District of New York (Magistrate Judge Peck) held that “computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases.” Moore v. Publicis Groupe, 2012 U.S. Dist. LEXIS 23350, 2012 WL 607412 (S.D.N.Y. 2012). The Court reasoned that computer-assisted review complied with the doctrine of proportionality of Federal Rule of Civil Procedure 26(b)(2)(C), and that predictive coding was an acceptable form of computer-assisted review. Id. at *12 (“…computer-assisted review is an available tool and should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amounts of legal fees in document review.”)

As courts have endorsed the voluntary use of predictive coding, parties have also sought to compel their adversaries to use the technique. In Kleen Products, Defendants sought to use keyword search-term processing, in which they had already invested much time and effort; but Plaintiffs moved to compel the use of predictive coding, arguing that keyword search methods were inadequate and flawed. Kleen Products, LLC v. Packaging Corp. of America, No. 10-C5711, Dkt. 412 (N.D. Ill. Sept. 28, 2012). The Court held evidentiary hearings in February and March 2012, during which it urged the parties to reach a compromise—for example, adopting Defendants’ keyword-based approach, but refining or supplementing terms and review procedures to meet Plaintiffs’ concerns. Ultimately, the parties reached agreement before a ruling on the motion to compel was reached. But Kleen illustrates that disputes over keyword search-terms may extend far beyond the sufficiency of specific terms going forward. Parties may challenge the notion of keyword searching itself—perhaps using the availability of predictive coding as leverage to obtain significant concessions on proposed keywords.

A recent case management order in In re: Actos provides further insight into the predictive coding processes that parties are likely to agree to and courts to sanction. In re: Actos (Pioglitazone) Products Liability Litigation, MDL No. 6:11-md-2299, Dkt. 1539 (W.D. La. July 27, 2012). The agreed-upon order in Actos allows each side to nominate three reviewers to work collaboratively to code the seed set of documents. The extremely detailed protocol contains numerous levels of sampling and review, as well as meet-and-confer check points throughout the procedure, including regarding the relevance threshold that would trigger manual review by the producing party.

Predictive Coding Done with Care
Litigants interested in utilizing predictive coding should keep several principles from these cases in mind. First and foremost, the producing party should attempt to gain the receiving party’s consent to use of predictive coding. The greater transparency offered into the procedure, the less likely that the receiving party will successfully move to compel an alternative document production methodology later in the case. An agreement regarding the basic methodology and the custodians from whom documents will be collected is recommended. Moreover, using jointly-appointed reviewers for the document training set may ease concerns with the process.

Second, the producing party should negotiate a “claw-back provision” that will allow recovery of documents that are improperly produced as a result of the predictive coding methodology. These could include documents that are irrelevant, privileged, or that should be, but were not, marked as confidential under a protective order. Such a provision is especially important if any portion of the documents marked responsive by the predictive coding methodology will not be manually reviewed.

Third, great care should be taken in preparing the initial “seed set” of documents that will be used to program the predictive coding algorithm. If the producing party does not actually involve the receiving party in the selection of the seed set, the producing party should be prepared to disclose the entire seed set to the receiving party and the court, which may raise work-product protection concerns. It is also important that the persons reviewing the initial seed set have a strong grasp of the issues in the case. Because of the importance of the initial seed set, it is critical that persons reviewing the seed set make accurate decisions; any errors in the seed set will become systemic throughout the larger review.

Fourth, the producing party should consider whether it is appropriate to use different seed sets for different custodians. For example, in a patent case, responsive documents that are held by an engineer may look very different than responsive documents held by an employee in the marketing or finance departments.

Fifth, the producing party should work closely with its e-vendor to ensure that the methodology is statistically justifiable. This includes ensuring that the documents from which the seed set is drawn is random, that the seed set is sufficiently large, and that the confidence interval and confidence level are either agreed upon between the parties or statistically justifiable.

Potential Stumbling Blocks and Pitfalls of Predictive Coding
Litigants planning to use predictive coding should be aware of potential pitfalls that could render the practice either more costly or inappropriate than manual review or keyword-driven review. For example, predictive coding may be inappropriate in a case that does not involve a sufficiently large body of documents. If the receiving party is dissatisfied with the results of the predictive coding, the producing party may face a motion to compel a more traditional document review methodology—thereby eliminating any cost savings. The danger of such a motion is especially high now, when predictive coding is in its earliest stages and best practices have not yet been developed. Where the corpus of documents contains highly sensitive information, a full manual review of any documents automatically selected for production may also be required to reduce the likelihood of damaging disclosure. This may entail significantly greater expense than keyword-driven reviews. Finally, predictive coding is not presently suitable for files that are not primarily text-based, such as video or audio files, necessitating the continued manual review of those materials.

As the amount of electronically stored information held by companies continues to grow at an exponential pace, widespread dissatisfaction with traditional manual and keyword review will likely lead to even greater use of predictive coding in 2013. This transition will offer cost savings for some, and headaches for others. As predictive coding grows, so too will litigation concerning predictive coding’s appropriate use and methodology. But the potential for significant cost savings is undeniable for large-scale reviews. Cost-conscious litigants in document-intensive cases would be wise to consider predictive coding as one tool to reign in growing e-discovery costs.

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.

© Quinn Emanuel Urquhart & Sullivan, LLP | Attorney Advertising

Written by:

Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel Urquhart & Sullivan, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

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

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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

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

California Privacy Rights

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

You can make a request for this information by emailing us at or by writing to us at:

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.