Self-Driving Trucks and Labor Law—A Look Ahead

by Littler


Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—“L2M2” has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles.

Initially, several of the trucks will “platoon” together with the lead vehicle having a safety driver while the others follow without drivers. Using artificial intelligence, the trucks will be in constant communication, capable of immediately responding to changing conditions with greater precision and speed than human drivers.

Initial savings are expected to come from reduced drag on the trailing trucks resulting in fuel efficiencies, lower emissions and nearly continuous operations. L2M2 may need to have back-up drivers in the trailing vehicles depending on state and federal law. However, L2M2 expects that as compliance with heightened safety standards is demonstrated, this will become unnecessary.1

What labor law advice would you offer L2M2? The question would obviously necessitate an analysis of the collective bargaining agreement (CBA) between the employer and the union. But say the CBA was silent with respect to the implementation of automation, robotics, and/or artificial intelligence in the workplace: what would happen then?

The purpose of this article is to delve into the labor law2 ramifications of these proposed changes in the workforce and consider how they may be analogous to current legal precedent concerning the contracting or subcontracting out the work of unionized workers.

Legal Background: Mandatory and Permissive Subjects of Bargaining

Regarding the trucking company example, the beginning of the legal analysis would be to determine whether the implementation of automation, robotics, and/or artificial intelligence in the workplace is a “mandatory” subject of bargaining under the National Labor Relations Act (NLRA). This is because Section 8(d) of the NLRA states that an employer and the union representative of the employees have a mutual obligation to confer in good faith with respect to wages, hours, and other terms and conditions of employment.3 These matters have been held to be “mandatory subjects of collective bargaining.”4

Further, as a result of Congress’ failure to amend the NLRA to provide a more precisely defined list of mandatory subjects of bargaining, the task of defining what “terms and conditions of employment” are subject to mandatory bargaining has been left to the National Labor Relations Board (NLRB)5 and courts to decide.6

An employer’s failure to bargain concerning a mandatory subject is deemed an unfair labor practice in violation of section 8(a)(5) of the NLRA.7 The Supreme Court has refined the definition of mandatory bargaining subjects to include subjects that “vitally affect” employees,8 including subjects that relate directly to nonemployees—i.e., subjects that concern individuals or conditions outside the bargaining unit, but have a substantial impact on bargaining unit employees.9

Ostensibly, to the extent that the implementation has a substantial impact on bargaining unit employees, this would include the implementation of automation, robotics, and artificial intelligence.

On the other hand, unions and employers need not bargain with respect to “permissive” subjects of bargaining, but they may if both agree to do so.10 Examples of permissive subjects of bargaining include most managerial prerogatives and matters “at the core of entrepreneurial control,”11 such as expansion of company facilities and production decisions.12

The Current Legal Precedent

Contracting and/or Subcontracting Out Work Covered by a CBA

When an employer decides to “contract out” or to subcontract work currently performed by union employees, the employer is seeking to replace the union employees usually in the hope of reducing labor costs or inefficiencies.13 The decision to use robotics, for example, may be analogous to the decision to contract or subcontract out work because, in both decisions, the effect is to replace one set of workers with another—whether it be robots or workers from another company—in an effort to reduce the employer’s labor costs.14

The landmark Supreme Court case of Fibreboard Paper Products v. NLRB15 concerned an employer’s decision to save labor costs by contracting out its maintenance facility work formerly done by union employees.16

The Supreme Court held that, even in the absence of antiunion motivation, an employer may have a duty to bargain with the union before making economically motivated decisions—such as contracting or subcontracting work formerly done on the premises by union employees—because such decisions deprive employees of their employment and are thus within the phrase “terms and conditions of employment” subject to mandatory bargaining.17

Emphasizing the limits of the facts in the case, the majority noted (1) that the company’s basic operation did not change as a result of the decision to contract out the work; (2) no capital investment was required or contemplated; and (3) the employees of the independent contractor were to do the work under “similar conditions of employment” as the employees they replaced.18

The Court in Fibreboard warned that its reasoning and holding were narrow and limited, and that its reasoning should not be used to expand the scope of mandatory bargaining to include all subcontracting cases.19 This stipulation was also discussed in Justice Stewart’s concurring opinion. That stipulation becomes critical when Fibreboard is applied to robotics, automation, and artificial intelligence replacing unionized employees.20

Indeed, Justice Stewart stated that, while the NLRB and courts have recognized job security in various circumstances as a “term and condition of employment” subject to mandatory bargaining, he also stated that not every decision that affects job security is one that requires bargaining.21

Justice Stewart specifically noted that decisions concerning investment in labor-saving machinery and commitment of investment capital are strictly entrepreneurial in nature— as opposed to terms and conditions of employment—and therefore are completely outside the scope of mandatory collective bargaining.22

Justice Stewart's concurring opinion concluded that the proper forum for resolution of disputes concerning technological change and its effect on the worker is the legislature, and not the NLRB or courts:23

[The] subcontracting [in this case] falls short of such larger entrepreneurial questions as what shall be produced, how capital shall be invested in fixed assets, or what the basic scope of the enterprise shall be. In my view, the Court’s decision in this case has nothing to do with whether any aspects of those larger issues could under any circumstances be considered subjects of compulsory collective bargaining under the present law.

I am fully aware that in this era of automation and onrushing technological change, no problems in the domestic economy are of greater concern than those involving job security and employment stability. Because of the potentially cruel impact upon the lives and fortunes of the working men and women in the Nation, these problems have understandably engaged the solicitous attention of government, of responsible private business, and particularly of organized labor. It is possible that in meeting these problems Congress may eventually decide to give organized labor or government a far heavier hand in controlling what until now have been considered the prerogatives of private business management. That path would mark a sharp departure from the traditional principles of a free enterprise economy. Whether we should follow it is, within constitutional limitations, for Congress to choose. But it is a path which Congress certainly did not choose when it enacted the [NLRA and its amendments].24

Robotics and Automation as Contracting or Subcontracting out Unionized Work25

Robotics and automation are labor-saving devices that involve the commitment of investment capital to obtain.26

Analyzing an employer’s decision to implement robotics and/or automation measures under the Fibreboard legal framework—i.e., unionized work being contracted or subcontracted out to machines, which are not unionized workers—would depend upon the circumstances of the case.

As stated before, the majority in Fibreboard noted that analysis on whether contracting or subcontracting work is a mandatory subject of bargaining depends on (1) whether the company’s basic operation changed or whether the basic operation did not change as a result of the decision to contract out work; (2) whether capital investment was required or contemplated; and (3) whether the work contracted/subcontracted out is similar to the work performed, under the “similar conditions of employment,” as the employees they replaced.27

Under Fibreboard, an employer likely satisfies the second criterion since implementation of robotics and automation measures in the workplace contemplates considerable capital investment. However, whether the company’s basic operation changed, and whether the work performed is similar and performed under the similar conditions of employment—i.e., Fibreboard’s first and third elements, respectively—depend upon the circumstances.

If an employer’s decision to implement robotics or automation considerably changes the company’s basic operation, and if the work performed is significantly different, or performed under significantly different conditions, then it is more likely that the decision falls within the exclusive management’s rights prerogatives, and is not a mandatory subject of bargaining.  

However, if an employer’s decision to implement robotics and/or automation measures does not change the basic operation of the company, or if the work performed is similar and performed under similar conditions, then it is more likely that the decision will be considered a mandatory subject of bargaining. If so, then the employer may not unilaterally implement robotics or automation measures, and, instead, must bargain with union over the measures before implementation.

Cases Dealing with Robotics and Automation

Although there are no cases dealing with artificial intelligence, there are some—although scant—NLRB and court decisions dealing with the implementation of robotics and automation as mandatory subjects of bargaining. These cases, for the most part, involve an employer’s technological changes in the context of newspaper printing.

For example, in Columbia Tribune Publishing,28 the U.S. Court of Appeals for the Eighth Circuit upheld the NLRB’s ruling that the employer failed to bargain in good faith regarding a change in the type of machinery used in its business.29 The employer's change was from the traditional “hot-type” printing press to a new automated process called “cold-type.”30

The new process, a technological improvement, resulted in the layoff of half of the unionized employees.31 The employer contended that the new technology created a unit of employees who were not covered by the CBA or represented by the union. But, the NLRB, relying on Fibreboard, held that because the change affected bargaining unit employees, was a different way to perform the same work, and did not create a “new” unit, it was a mandatory subject of bargaining. As a result, the NLRB concluded the employer violated Section 8(a)(5) of the NLRA by failing to bargain in good faith concerning the change.32

In Renton News Record,33 the NLRB described the issue in terms relevant today:

The change in the method of operations in this case is the result of technological improvements. Obviously, such improvements serve the interests of the economy as a whole and contribute to the wealth of the Nation. Nevertheless, the impact of automation on a specific category of employees is a matter of grave concern to them. It may involve not only their present but their future employment in the skills for which they have been trained. Accordingly, the effect of automation on employment is a joint responsibility of employers and the representatives of the employees involved.

The NLRB noted that the employers in Renton News were faced with a “choice of either changing their method of operations to one at least equal to that of their competitors or being forced to go out of business. They selected the former alternative.”34

The NLRB concluded that, because implementing the technological change was economically necessary, the remedy should only require the employers to bargain with the union over the effects of their implementation decision.35 Federal courts have upheld NLRB determinations requiring effects-only bargaining in similar cases.36

Pan American Grain Co., Inc.37 is an illustrative example. In Pan American Grain, the Board reaffirmed the importance of an employer’s ability to establish “that its decision to lay off any specific individual . . . was based exclusively on its modernization program.”38 Citing First National Maintenance Corp. v. NLRB,39 the Board noted that the Supreme Court placed automation in a category of management decisions “‘to be considered on their particular facts’ with respect to the duty to bargain.”40 Addressing that point, the Board concluding that the employer failed to bargain as required because the layoffs at issue were caused by reduced sales, not managerial changes in automation, robotics or AI.41

Effects Bargaining

Even if there no obligation to bargain over a decision to implement robotics or automation measures as a means of contracting out or transferring unionized work, there is often the duty to bargain over the effects of such decisions.42 This is known in labor law as “effects bargaining.”

Effects bargaining requires management and labor to attempt in good faith to come to an agreement regarding what will happen to individuals affected by an implemented decision.43 In the case of workers who were laid off due to the implementation of robotic or automated equipment, bargaining topics may include such items as termination pay, retraining programs, seniority status, etc.44

Thus, even if the particular circumstances behind introducing robotics or automation measures at the workplace demonstrate there is no mandatory obligation to bargain before implementation, the employer, nevertheless, must still bargain with the union regarding the effects of the decision to robotize or automate features in the workplace.


Employers should take their time in planning these changes, and should consult with their labor counsel before moving forward in order to help minimize risk and exposure. The hypothetical at the beginning of this article does not make clear whether drivers will be eliminated by the self-driving trucks or additional employees will be needed to maintain the trucks and software.

If history is a guide, either way, unions will want to be part of the process and the NLRB will be called upon to determine at what point unions are entitled by law to demand a seat at the bargaining table.45


1 Patrick T. Wilson, Competing with a Robot: How Automation Affects Labor Unions, Wake Forest J. Bus. & Intell. Prop. L. (Aug. 22, 2017), 2017/08/competing-with-a-robot-how-automation-affects-labor-unions/.

2 “Labor law,” as opposed to “employment law,” is defined as laws concerning the relations between unions and management in areas such as collective bargaining and union organizing. See BLACK'S LAW DICTIONARY (10th ed. 2014) (defining labor law as “The field of law governing the relationship between employers and employees, esp. law governing the dealings of employers and the unions that represent employees.”).

3 National Labor Relations Act (as amended) § 8(d), 29 U.S.C. §158(d) (2016).

4 Debra J. Zidich, Comment, Robotics in the Workplace: The Employer’s Duty to Bargain over Its Implementation and Effect on the Worker, 24 SANTA CLARA L. REV. 917 (1984) (citing R. GORMAN, BASIC TEXT ON LABOR LAW 496 (1976)).

5 The NLRB is the federal regulatory agency authorized by statute to promulgate decisions and regulations under the NLRA.

6 THE DEVELOPING LABOR LAW 1325 (John E. Higgins Jr. et al. eds., 6th ed. 2012).

7 Zidich, supra, note 4 at 917

8 Allied Chemical & Alkali Workers Local I v. Pittsburgh Glass Co., 404 U.S. 147, 179–80 (1971).

9 THE DEVELOPING LABOR LAW, supra note 6 at 1327.

10 Id.; see also NLRB v. Borg-Warner Corp., Wooster Division, 356 U.S. 342, 349 (“As with other matters, however, each party is free to bargain or not to bargain, and to agree or not to agree.”)

11 Also known as exclusive “management rights.”

12 See Fibreboard Paper Products v. NLRB, 379 U.S. 203, 233 (Stewart, J., concurring).

13 Zidich, supra note 4, at 923.

14 Id.

15 379 U.S. 203 (1964).

16 Id.

17 Id. at 203–14.

18 Id. at 213–15; Zidich, supra note 4, at 925; THE DEVELOPING LABOR LAW, supra note 6 at 1414.

19 Fibreboard, 379 U.S. at 215; Zidich, supra note 4, at 925; THE DEVELOPING LABOR LAW, supra note 6 at 1414.

20 Zidich, supra note 4, at 925.

21 Fibreboard, 379 U.S. at 233 (Stewart, J., concurring).

22 Id.; Zidich, supra note 4, at 925.

23 Zidich, supra note 4, at 925.

24 Fibreboard, 379 U.S. at 225–26 (Stewart, J., concurring).

25 Some legal scholars believe robotics and automations could also be considered as analogous to a relocation of work premises, or partial sale of a business. For discussion on these topics see Zidich, supra note 4, at 929–36.

26 Zidich, supra note 4, at 926.

27 Fibreboard, 379 U.S. at 213–15.

28 NLRB v. Columbia Tribune Publ’g Co., 495 F.2d 1384 (1974), enforcing 201 NLRB 538.

29 Id.; THE DEVELOPING LABOR LAW, supra note 6 at 1409.

30 Id.

31 Id.

32 Id.; see also THE DEVELOPING LABOR LAW, supra note 6 at 1410, n. 472 (“This decision by the Eighth Circuit may be read as extending the mandatory requirements of the Supreme Court’s decision in [Fibreboard], to encompass both automation and technological change.”) (emphasis added).

33 136 NLRB 1294 (1962).

34 Id. at 1297–98; Zidich, supra note 4, at 936.

35 Id. at 1298; Zidich, supra note 4, at 936, n. 124; see also Island Typographers, 252 NLRB 9 (1980) (holding that the employer did not violate NLRA when it introduced new technological process, but violation found when worker layoffs occurred as a result of implementation).

36 Zidich, supra note 4, at 936–37, n. 125 (citing NLRB v. Columbia Tribune Pub. Co., 495 F.2d 1384 (1974); Omaha Typographical Union v. NLRB, 545 F.2d 1138 (1976); Newspaper Printing Corp. v. NLRB, 625 F.2d 956 (1980)).

37 351 NLRB 1412 (2007),

38 Pan American Grain Co., Inc., and Pan American Grain Mfg. Co., Inc., and Congreso de Uniones Industriales de Puerto Rico, 351 NLRB 1412, 1414 (2007).

39 452 U.S. 666 (1981).

40 Pan American Grain Co., Inc., 351 NLRB at 1413.

41 Id. at 1414.

42 THE DEVELOPING LABOR LAW, supra note 6 at 1424.

43 Zidich, supra note 4, at 936, n. 123.

44 Id.

45 As long ago as 1946, Walter Reuther, the famed leader of the United Auto Workers, appreciated the dilemma that automation presented. “Reuther and his colleagues shared widespread hopes that the new production processes would relieve the burdens of assembly-line work and increase the working class’s access to cultivated leisure. At the same time, however, they recognized that unchecked technological change would generate a wave of structural unemployment by displacing experiences workers while denying new, unskilled workers necessary jobs.” David Steigerwald, Walter Reuther, the UAW, and the dilemmas of automation, 51, LABOR HISTORY (Issue 3), 429–453.


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.

© Littler | Attorney Advertising

Written by:


Littler 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.