Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

by Holland & Knight LLP

Holland & Knight LLP

Key Cases

Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review

In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional scrutiny, rational basis review, must be applied to an Establishment Clause challenge to Presidential Proclamation 9645 indefinitely barring entry of nationals from five predominantly Muslim countries. The court determined that apart from any religious hostility allegedly reflected in the president's statements as a candidate and as president, there was persuasive evidence that the facially neutral proclamation had a legitimate grounding in national security concerns in preventing entry of nationals who could not be adequately vetted and in inducing other nations to improve their identity-management and information-sharing practices, and that the proclamation's policy denying certain foreign nationals the privilege of admission reflected the results of a worldwide review process undertaken by multiple Cabinet officials and their agencies. Although five of the seven countries affected are majority Muslim, the proclamation is facially neutral and covers just 8 percent of the world's Muslim population and was limited to countries that were previously designated by Congress or prior administrations as posing national security risks; thus, the proclamation did not support an inference of religious hostility on rational basis review. The court assumed without deciding that the plaintiffs' claims are reviewable, notwithstanding consular nonreviewability. The court rejected the plaintiffs' claim that the proclamation is inconsistent with the Immigration and Nationality Act.

Police May Stop Prayer in Certain Circumstances

In Sause v. Bauer, 138 S.Ct. 2561 (2018) (per curiam), the U.S. Supreme Court reversed dismissal on qualified immunity grounds of an apartment resident's lawsuit under the Free Exercise Clause against current and former members of a town police department and current and former mayors for ordering her to stop praying. On the one hand, the court left no doubt that the First Amendment protects the right to pray as an exercise of religion, but on the other hand, determined, "there are clearly circumstances in which a police officer may lawfully prevent a person from praying at a particular time and place"; for example, when to avoid delaying transportation to jail once a suspect is under arrest. The court remanded the case for "consideration of the ground on which the officers were present in the apartment and the nature of any legitimate law enforcement interests that might have justified an order to stop praying at the specific time in question."

Connecticut RFRA Is Not a Bar to a Discrimination Claim

In Trinity Christian Sch. v. Comm'n on Human Rights and Opportunities, 329 Conn. 684 (2018), the Supreme Court of Connecticut affirmed dismissal of the plaintiff's appeal of the Commission on Human Rights and Opportunities' denial of the school's motion to dismiss a former employee's complaint for sex, marital status and pregnancy discrimination under Title VII and the Connecticut Fair Employment Practices Act. The court agreed that denial of the plaintiff's motion to dismiss was not immediately appealable under Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012). It also ruled that the provision of the Connecticut Act Concerning Religious Freedom [modeled after the federal Religious Freedom Restoration Act (RFRA)] stating that it shall not be construed to authorize the state "to burden any religious belief" does not confer on religious institutions such as the plaintiff immunity from employment discrimination lawsuits. General Statutes §52-571b(d). The Supreme Court of Connecticut concurred that this provision is a rule of construction, not a grant of immunity.

Church Successfully Challenges Zoning Code Without Application

In Redemption Cmty. Church v. City of Laurel, Md., No. PJM 18-411, 2018 WL 3756739 (D. Md. Aug. 8, 2018), the court denied the city's motion to dismiss the plaintiff's claims for violation of both RFRA (equal terms, nondiscrimination and substantial burden) and the First Amendment (free exercise, free speech, peaceable assembly and Establishment Clause) in relation to its purchase of a property in the city for the purpose of operating a coffee shop during the week and a house of worship on Sunday mornings. After initially receiving a parking waiver for both the coffee shop and church services, the city revoked it on the grounds that church representatives purportedly submitted evidence at the hearing that contradicted representations it had made in the waiver application. Three days after church trustees visited the property with the city fire marshal, the City Council proposed an amendment to the City Code that would exclude nonprofit businesses from operating in the same zone. Then, the City Council proposed and adopted an amendment to the City Code's "Table of Commercial Uses," changing "house[s] of worship" that are "located on a lot less than 1 acre in size" from a "permitted" use to a "permitted [use], subject to the approval of a special exception." In contrast, the amendment stated that the following institutions "would be deemed permitted without a special exception: "art and cultural centers, cinemas and 'legitimate theater[s]'; open microphone venues; 'Disc Jockeys'; karaoke; poetry or dramatic readings; theatres or halls for the performing arts, symphony, or community theatre; health clubs or spas; libraries, museums and similar 'noncommercial institutions'; 'standard' restaurants; and schools for 'business, art, music, and similar uses.'" The plaintiff submitted a second application for a parking waiver and received it for a for-profit coffee shop, but never applied for a parking waiver or permit to operate as a house of worship. The city argued that the court should dismiss the complaint for lack of ripeness because the church never applied for, and was never denied, a special exception, but the court found that the plaintiff was not required to go through the application process because it adequately alleged that the special exemption process unfairly targets houses of worship, the enactment of the amendment was related to use of the property for worship purposes and certain comments of city officials suggested discriminatory intent.

Court Had Subject Matter Jurisdiction to Decide Whether Churches Merged

In Pure Presbyterian Church of Washington v. Grace of God Presbyterian Church, No. 171098, 2018 WL 3913151 (Va. Aug. 16, 2018), the Supreme Court of Virginia ruled that the trial court had subject matter jurisdiction to adjudicate a dispute between two Korean-speaking churches that had agreed to merge and entered an order enforcing the merger agreement. Pure Presbyterian filed for Chapter 11 bankruptcy. Learning of this, the Grace of God Presbyterian Church inquired about a merger. Pure Presbyterian was located in a more desirable location. The churches belonged to separate Korean Presbyterian denominations, but church officials agreed that they were doctrinally compatible. The Pure Presbyterian congregation approved the merger on Feb. 14, 2016, and the Grace Presbyterian congregation did likewise on Feb. 24, 2016. Joint services began on March 27, 2016. Grace Presbyterian listed and sold its property. Leaders drafted a "Merger Agreement" memorializing the merger and specifying pastoral roles. On Nov. 6, 2016, leaders of the unified church received an email stating that Pure Presbyterian wished to withdraw from the "proposed" merger. On Dec. 5, 2016, the pastor and a deacon discovered that they were locked out of the church building. In addition, Pure Presbyterian attempted to sell the property to a third party. At trial, Pure Presbyterian took the position that there was no merger contract and that, instead, the churches had agreed to a trial period so they could "get to know about the denomination and then the church." The jury returned a special verdict in favor of Grace Presbyterian, finding that the parties had reached a merger agreement. On appeal, Pure Presbyterian raised lack of subject matter jurisdiction for the first time. The Supreme Court of Virginia affirmed the judgment on the grounds that theological questions played no role in the jury's resolution of whether there was a merger agreement and whether it was breached.

State Could Not Require Priest to Breach Confessional Without Satisfying RFRA

In Ronchi v. State, No. 5D18-194, 2018 WL 2988975 (Fla. 5th DCA June 15, 2018), the court of appeal held that a circuit court order granting a Catholic priest's motion for protective order, in part, and denying the motion in part, after the priest was served with a witness subpoena requiring him to testify in a criminal case regarding certain communications that took place during confession contravened the Florida Religious Freedom Restoration Act (FRFRA). The trial court found that the communications between the priest and alleged victim of sexual abuse occurred within confession. It focused almost exclusively on the Florida Evidence Code in determining that the communications were privileged under section 90.505, the privilege could be asserted by both the priest and the victim, and the priest had partially waived the privilege during his conversation with the victim's mother and her friend. As to whether the priest disclosed the abuse, the mother testified, "[N]ot directly, but it could be understood from the conversation." The court of appeal ruled that FRFRA should control the case, rather than section 90.505, meaning that the state must establish that coercing the priest's testimony furthers a compelling governmental interest and is the least restrictive means to further that interest. The court ruled that it is undisputed that the state has a compelling governmental interest in prosecuting sex offenses perpetrated against children, but disagreed that the state met the second test because: (1) the priest's testimony would, at most, be corroborative evidence; (2) the case does not involve a child victim who, because of his or her age, might be unable to adequately testify about the alleged sexual abuse; and (3) the state could seek to have the alleged victim testify about her purported prior disclosure of sexual abuse to the priest. The court quashed the trial court order. Concurring, Judge Richard Orfinger argued that the trial court also misinterpreted section 90.505 because while the clergy can assert the privilege, only the penitent can waive it.

Mandatory Immunization Without Exemption for Personal Belief Passes Strict Scrutiny

In Brown v. Smith, 24 Cal.App5th 1135 (Cal.App. 2d Dist. 2018), the court of appeal ruled that even if strict scrutiny applied, a state law requiring mandatory immunization for schoolchildren, without exemption for personal beliefs after amendment, did not violate the free exercise clause of the state constitution; the right to attend school; the state equal protection clause despite the continuation of other exemptions; or section 24175(a), which prohibits medical experimentation on a person without his or her informed consent. In addition, the court ruled that the medical exemption provision was not void for vagueness. Three of the six plaintiffs described themselves as Christians, two of whom are opposed to the use of fetal cells in vaccines; the third has children who have had most of the recommended vaccinations. The other three plaintiffs allege a philosophical and personal objection to the vaccines. The court determined that the right to practice religion freely does not include liberty to expose the community or the child to communicable disease, or the latter to ill health or death. Furthermore, the court found that the right of education is no more sacred than a state's interest in protecting the health and safety of its citizens, and, in particular, schoolchildren.

School Lacked RFRA Claim Due to Exclusion from a Development Zone Because It Would Not Maximize Revenue

In Tree of Life Christian Schs. v. City of Upper Arlington, Ohio, No. 17-4190, 2018 WL 4443591 (6th Cir. July 31, 2018), the court of appeals affirmed the district court's grant of summary judgment to the city on the school's claim that the Unified Development Ordinance violated the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA) by prohibiting the school from operating in a commercial office district. The court adopted the Eleventh Circuit's standard for a prima facie case under the equal terms provision as requiring proof that the plaintiff (1) is a religious assembly or institution, (2) is subject to a land use regulation and (3) is treated on less than equal terms, compared with (4) a nonreligious assembly or institution. The court determined that a comparator for an equal terms claim must be similarly situated with regard to the regulation at issue and that the phrase "legitimate zoning criteria" best captures the idea that the comparison required by RLUIPA's equal terms provision is to be conducted with regard to the legitimate zoning criteria set forth in the municipal ordinance in question. The court concluded that revenue maximization is a legitimate regulatory purpose for a zoning ordinance, and that the school presented no evidence suggesting that a nonprofit daycare is similarly situated to its proposed school in terms of capacity to generate revenue. The daycare generated more. The court rejected the school's other proposed comparator, partially used offices.

Ministerial Exception Doctrine Bars Former Pastor's Breach of Contract Claim

In Lee v. Sixth Mt. Zion Baptist Church of Pittsburgh, No. 17-3086, 2018 WL 4212091 (3d Cir. Sept. 5, 2018), the court of appeals affirmed the district court's application of the ministerial exception doctrine barring it from ruling in favor of a former pastor with respect to his breach of employment contract claim. The pastor entered into a 20-year term contract with the church, but 20 months later, the church terminated him for three reasons: (1) failures in financial stewardship, (2) failures in spiritual stewardship and (3) failures to respond to church leaders. The court found that "[w]hile the amount of church contributions and members is a matter of arithmetic, assessing Lee's role, if any, in causing decreased giving and reduced membership in the church requires a determination of what constitutes adequate spiritual leadership and how that translates into donations and attendance—questions that would impermissibly entangle the court in religious governance and doctrine prohibited by the Establishment Clause.... Moreover, parsing the precise reasons for Lee's termination is akin to determining whether a church's proffered religious-based reason for discharging a church leader is mere pretext, an inquiry the Supreme Court has explicitly said is forbidden by the First Amendment's ministerial exception."

Religious Institutions in the News

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.

© Holland & Knight LLP | Attorney Advertising

Written by:

Holland & Knight LLP

Holland & Knight 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.