SC body bag noncompete case exhumed, revisited

by McNair Law Firm, P.A.

Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the agreement (see “Body bag dispute offers lessons on noncompetes in South Carolina” on page 1 of the June 2016 issue). The seller appealed, and the South Carolina Court of Appeals reversed and remanded the case (i.e., sent it back to the lower court), holding the noncompete’s 150-mile territorial restriction was unreasonable and unenforceable. The South Carolina Supreme Court reviewed the appeals court’s decision and has now issued its own ruling. Read on to see what the supreme court did.

10-year exclusivity provision at center of dispute

In the 1980s, Robert Knight began operating a mortuary transport business, Knight Systems, Inc. (KSI), which eventually expanded to include the manufacturing and sale of body bags. In 2006, he decided to sell the mortuary transport portion of the business and approached a broker for assistance. In October 2006, Donald and Ellen Lintal, the CEO and CFO, respectively, of Palmetto Mortuary Transport, Inc., met with a broker to discuss the purchase of Knight’s mortuary transport business. From November 2006 to January 5, 2007, the parties and their agents—including brokers, accountants, and attorneys—negotiated the terms of an asset purchase agreement. During the negotiations, Knight expressed to Mr. Lintal his desire to get out of the mortuary transport business.

On January 5, 2007, Knight and Palmetto signed the agreement. Under its terms, Knight sold various tangible assets, goodwill, and customer accounts—including body removal service contracts with Richland County, Lexington County, and the University of South Carolina—to the buyer for $590,000. The agreement included an exclusivity provision requiring (1) Palmetto to purchase body bags from Knight for 10 years and (2) Knight to sell body bags to Palmetto for 10 years. The provision became a central issue in the dispute between the parties.

A 10-year, 150-mile noncompete covenant also was signed and included as an exhibit to the agreement. Although the noncompete restricted Knight from providing mortuary transport services within a 150-mile radius of Lexington County, it placed no limits on KSI’s ability to continue its body bag manufacturing business. The noncompete covenant also provided that Palmetto’s breach of the agreement or other ancillary sale documents would release Knight from any and all of their restrictions.

During the trial, Donald Lintal testified the 150-mile territorial restriction around Lexington County was included to ensure Knight would not compete with Palmetto in South Carolina for 10 years. Lintal acknowledged that at the time Palmetto purchased the transport business, KSI provided services primarily in Richland and Lexington counties. Lintal added: “We didn’t know where the business was actually going to—what we were going to—if we were going to try to expand it at different locations. We wanted to keep our options open if it was doable.”

In 2011, Palmetto still held the mortuary transport services contract with Richland County. Since the original five-year term between the two parties was expiring, the county issued a request for proposal (RFP) seeking mortuary transport services for the next five years. Palmetto submitted a timely response to the RFP.

As noted above, the exclusivity provision required Palmetto to purchase body bags from KSI for 10 years. From 2007 through 2011, Palmetto bought more than $45,000 worth of body bags from the company. Palmetto also purchased body bags from other manufacturers costing $884.97. The amount included 31 infant bags ($192.75), four extra-large body bags ($213.72), six heavy-duty body bags ($208.50), and six water retrieval bags ($270). When Knight became aware of the infant-bag purchases in 2009 or 2010, he immediately considered them to be a breach of the agreement but didn’t confront Palmetto for almost two years. Knight testified he didn’t become aware of the other purchases until discovery (the pretrial exchange of information) during litigation.

Palmetto didn’t believe the exclusivity provision required it to buy infant or extra-large bags from KSI. Palmetto agreed it had breached the exclusivity provision by purchasing heavy-duty and water retrieval bags from other manufacturers but argued the breach wasn’t significant. Instead of canceling the agreement, Palmetto argued it should be allowed to pay damages totaling $478.50—the sum it had given the other manufacturers for the heavy-duty and water retrieval bags. Knight, on the other hand, argued the exclusivity provision required Palmetto to purchase all of its body bags from KSI and claimed the breach was significant and nullified all terms and conditions of the agreement, including the noncompete covenant.

Business seller ‘didn’t want to be left out in the cold’

On June 16, 2011, a day before the deadline to respond to the RFP, Knight recorded a conversation with Lintal. During the talk, Knight accused Palmetto of buying infant body bags from other manufacturers. Lintal replied he didn’t believe the purchase was “significant” or that “it was anything to break [the agreement].” As noted above, before the confrontation, Knight had been aware of Palmetto’s supposedly illicit purchase of infant body bags for almost two years.

Afterwards, Lintal suspected KSI was going to bid against Palmetto for the Richland County contract. His suspicion was correct—Knight submitted his own RFP the very next day. Even though Knight had received $590,000 for selling the business and an extra $45,000 in body bag purchases from Palmetto, he testified, “I didn’t want to get back in the business. I was forced to. . . . I felt like if I didn’t take action at that time, I was going to be left out in the cold.”

After the RFP deadline passed, Knight contacted the Richland County Procurement Office and told an official that KSI should be awarded the contract because it was the sole provider of odor-proof body bags—an RFP requisite. Although Palmetto’s response to the RFP contained the lowest price for services and received the highest number of points from the procurement office, the county awarded the contract to KSI.

Palmetto sued Knight for breach of the agreement, alleging he violated (1) the noncompete covenant prohibiting KSI from providing mortuary transport services within the 150-mile limit for 10 years and (2) the exclusivity provision, based on his refusal to supply Palmetto with body bags. Knight counterclaimed, alleging the noncompete covenant was unenforceable because it contained an unreasonable territorial restraint and time restriction and wasn’t supported by adequate consideration (or something of value given in return for signing it). Knight also alleged that any breach of the noncompete covenant was excused because Palmetto violated the exclusivity provision first by buying body bags from other manufacturers.

The case was tried before a special referee who found the noncompete covenant was reasonably limited in time and territorial scope and supported by valuable consideration. The special referee found Knight breached the agreement by violating the noncompete covenant and refusing to sell body bags to Palmetto. On the other hand, Palmetto’s purchase of the heavy-duty and water retrieval body bags from other manufacturers, although a breach, wasn’t significant enough to excuse Knight from performing his contractual obligations.

The special referee ordered Knight to pay attorneys’ fees and damages of $373,264.54 in lost profits resulting from the wrongful competition with Palmetto. The referee issued a permanent injunction requiring Knight to comply with the noncompete covenant for a period of five years and seven months after the date of his order but allowing KSI to complete its performance of the 2011 mortuary transport services contract with Richland County. Finally, the referee awarded $478.50 in damages to Knight for Palmetto’s breach of the agreement.

Knight appealed the ruling to the court of appeals, arguing the special referee erred in finding (1) the noncompete’s territorial limits were reasonable and enforceable, (2) the restriction was supported by independent and valuable consideration, (3) the noncompete covenant wasn’t void for being against public policy, and (4) it wasn’t nullified by Palmetto’s breach of the exclusivity provision. The court found the 150-mile limit unreasonable and unenforceable and sent the case back to the referee.

Because South Carolina doesn’t follow the “blue-pencil rule” (i.e., rewriting an agreement for the parties) and the noncompete didn’t include a “step-down provision (language eliminating grammatically unreasonable provisions, but not adding or rewriting provisions),” the court of appeals found it couldn’t redraw the arrangement to include a smaller territorial restriction. The supreme court granted Palmetto’s petition to review the court of appeals’ decision.

South Carolina Supreme Court’s decision

Palmetto’s argument was that the court of appeals erred when it found the noncompete’s territorial restriction to be unreasonable. The supreme court first pointed out that noncompetes are enforceable if they are not detrimental to the public interest, are ancillary to the sale of a business or profession, are reasonably limited in terms of time and territory, and are supported by valuable consideration. The court further stated that the reason why such covenants are held to be unenforceable is that unless they meet certain criteria, they constitute a restraint on trade, which is against public policy. With that backdrop, the court then looked at the facts and previous law in the noncompete area.

Relying on a 1942 decision, the court wrote that in determining whether a contract in partial restraint of trade is reasonable, it will look at (1) the contract’s “whole subject matter,” (2) the kind and character of the business, (3) location, (4) the purpose to be accomplished by the restriction, and (5) all circumstances that show the parties’ intention must have entered into the making of the contract.

Contract’s subject matter. The noncompete covenant between Knight and Palmetto arose out of a business sale between two sophisticated parties. Noncompetes signed during a business sale should be scrutinized at a more relaxed level than those that are tied to employment contracts. The latter are generally disfavored and strictly construed against an employer because of the unequal bargaining power that may exist between the two parties. The risk is significantly lower when the restriction arises during a business sale between two sophisticated parties. Also, signing a noncompete covenant in connection with the business sale allows the seller to capitalize on the disposition of the enterprise's goodwill and bargain for a higher price.

Looking back at the pertinent facts, the court noted the agreement involved the somewhat complex sale of Knight’s mortuary transport services business to Palmetto for $590,000. Both parties were sophisticated and represented by legal counsel throughout the negotiations. Knight had to consider the restrictions in the noncompete before deciding to enter into the agreement. The noncompete was integral to Palmetto’s decision to sign it. Lintal testified about Knight’s “strong reputation” in the business and stated, “[The noncompete covenant] was very important to us because without [it], we wouldn’t have bought the business.” Further, the covenant provided, “[Knight] has agreed to provide such covenants as set forth herein as a material inducement to [Palmetto] to enter into and close the Purchase Agreement” (emphasis added). It’s clear the noncompete was a centerpiece of the agreement and that both Palmetto and Knight bargained for and intended to benefit from its terms.

While the noncompete caused a partial restraint of trade by limiting Knight’s ability to provide mortuary transport services, it was offset by KSI’s continuation of its body bag manufacturing business and the exclusivity provision requiring Palmetto to buy bags from it throughout the covenant’s term. Indeed, Palmetto purchased approximately $45,000 worth of bags from KSI before the current controversy arose. The agreement didn’t prohibit KSI from continuing to sell bags to other customers. It’s clear that both sides carefully considered and calibrated their options and best interests before striking the deal.

Kind and character of the business, and its location. Knight’s territorial restriction consisted of a 150-mile radius around Lexington County. When Palmetto bought the business, it mainly served Richland and Lexington counties. Focusing only on the existing territory, however, and Palmetto’s lack of concrete plans for geographical expansion ignores the “kind and character” of the business.

Because a mortuary transport business necessarily involves the mobility of services, an expansion into other areas of South Carolina was certainly foreseeable. This isn’t a brick-and-mortar local retail business of the 1950s. Palmetto, a sophisticated buyer, saw the opportunity to expand outside KSI’s existing business area and thus negotiated the agreement with Knight, a sophisticated seller, to protect its interests by implementing the 150-mile restriction. At his deposition, Lintal testified that since the agreement went into effect, Palmetto has added new customers and “on occasion” provides services for people outside of the Columbia and Lexington areas.

After considering the agreement as a whole and giving the noncompete the more relaxed scrutiny it requires, the court found the 150-mile radius didn't exceed what was essential to reasonably protect the rights Palmetto purchased.

Other concerns. In looking at any potential invalidity of the agreement on public policy grounds, the court admitted there may be times when a restriction against competition between potential competitors for public contracts will be voided for being against public policy, but KSI’s case didn’t rise to that level. Based on all of the facts including Knight’s desire to get out of the mortuary transport services business, the court declined to create a blanket rule that would find such agreements to be against public policy.

Agreeing with the special referee, the supreme court held that while Palmetto breached the exclusivity provision by buying $478.50 worth of body bags from other manufacturers, the breach wasn’t significant and didn’t nullify Knight’s obligation to honor the noncompete. The court reversed the court of appeals and reinstated the referee’s order.

Lessons for SC employers

First, you’ve just witnessed the rigorous application of the requirements for successful noncompete covenants in South Carolina. Imposing limited restrictions on time and place and providing adequate consideration will still be the norm. The courts will likely strike down any workplace noncompetes that are overly broad.

Second, the standards won’t be as vigorous in the business context. As we’ve explained, the courts will look at the whole subject matter of the contract, the kind and character of the business, the location, the purpose to be accomplished by the restriction, and all circumstances showing the parties’ intent. Be careful not to conflate the standards for the sale of a business with situations involving a single employer/former employee noncompete issue.

For more information on the BLR, click here. For more information on the South Carolina Employment Law Letter, click here.

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.

© McNair Law Firm, P.A. | Attorney Advertising

Written by:

McNair Law Firm, P.A.

McNair Law Firm, P.A. 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.