Significant Government Contract Litigation: A Year in Review

by Morrison & Foerster LLP - Government Contracts Insights

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA).  The major issues raised in some of the more notable claims include claim accrual, the interpretation of a claim, the proper scope of a claim, the binding nature of a contract, and the impact of contractor compliance on a claim.  Below is a summary of some of the significant decisions from 2016.

Claim Accrual

Kellogg Brown & Root Servs., Inc. v. Murphy, 823 F.3d 622 (Fed. Cir. 2016)

Kellogg Brown & Root (KBR) filed an appeal at the Armed Services Board of Contract Appeals (ASBCA) challenging the contracting officer’s denial of KBR’s claim for costs incurred by one of its subcontractors.  The ASBCA dismissed KBR’s appeal for lack of subject matter jurisdiction because KBR submitted its claim in May of 2012, which the ASBCA determined was outside of the six-year statute of limitations articulated in the Contract Disputes Act. 41 U.S.C. § 7103(a)(4)(A).  There was no dispute that the subcontractor’s costs had been incurred prior to being terminated in 2003.  The ASBCA found that the claim was untimely, even if the Board had concluded that January 24, 2005 was the actual claim accrual date, because it represented the date that KBR settled the subcontractor’s disputed costs.

Citing the Federal Acquisition Regulation (FAR), the Federal Circuit reversed the ASBCA’s decision to dismiss the appeal because it found that KBR did not know all of the events or the certain amount of the claim.  FAR 33.201 (a claim accrues on the date when “all events that fix the alleged liability of either [party], and permit the assertion of the claim, were known or should have been known.”).  Although KBR agreed that the costs related to the subcontractor’s performance were incurred prior to 2003, and that the relevant settlement date for a portion of the subcontractor’s costs occurred in 2005, the Federal Circuit found that KBR did not receive the subcontractor’s certified cost claim for the entirety of the costs until August 22, 2006.  In other words, the Federal Circuit found that KBR could not have ascertained an accurate estimate of the liability until KBR received the subcontractor’s certified cost claim for all outstanding costs, which occurred in 2006.  As a result, the claim filed in May 2012 was within the six-year statute of limitation.  The Federal Circuit remanded the case to the ASBCA for a review of the claim’s merits.

The case raises significant questions regarding when exactly a contractor has knowledge, or should have knowledge, about the sum of the claim.  KBR will almost certainly give rise to new arguments that the true amount of a claim has not matured until every possible event to potentially affect the value of the claim has taken place.  Like M. Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323 (Fed. Cir. 2010), this case may have unintended consequences that require the Federal Circuit and the boards of contract appeals to reign in the decision on a fact-by-fact basis.

Interpreting Maropakis

Jane Mobley Assocs., Inc. v. GSA, CBCA No. 2878 (Jan. 5, 2016)

In M. Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323, 1331 (Fed. Cir. 2010), the Federal Circuit held that “a contractor seeking an adjustment of contract terms must meet the jurisdictional requirements and procedural prerequisites of the [Contract Disputes Act], whether asserting the claim against the government as an affirmative claim or as a defense to a government action. . . .”  Since the decision, contracts must always address whether to submit potential defenses as a claim under the CDA to the contracting officer prior to asserting the defenses on appeal in order to avoid the risk of forfeiting defenses on appeal.

In Jane Mobley, the General Services Administration (GSA) asserted a claim against the contractor alleging that the contractor had overbilled GSA for labor costs and failed to provide prompt payment discounts.  The contractor disagreed with GSA’s findings, and a dispute arose regarding GSA’s entitlement to payment for the alleged overbillings.  The contracting officer issued a final decision concluding that Jane Mobley owed GSA money on June 1, 2012.

Jane Mobley appealed the decision to the Civilian Board of Contract Appeals (CBCA) and raised a number of defenses.  In response, GSA sought to dismiss a number of the defenses on jurisdictional grounds, arguing that Jane Mobley had forfeited the defenses because they qualified as CDA claims that had not previously been submitted to the contracting officer.  The CBCA denied the government’s motion and explained the difference between contractor claims that are asserted as defenses and disagreements about the facts of the government’s claims.  The CBCA ruled that “the rule of Maropakis is inapplicable where the contractor’s defense does not seek an adjustment of contract terms.”  According to the CBCA, a contractor that is not asserting a claim for affirmative relief can raise ordinary common-law defenses in an affirmative manner.  Furthermore, such defenses do not amount to a request to amend the contract’s terms and, therefore, do not qualify as CDA claims.

Scope of the Claim

When filing a claim with a contracting officer, it is important to ensure that each claim is included in the transmission and, if necessary, certified.

Kansas City Power & Light Co. v. United States, 124 Fed. Cl. 620 (2016)

Kansas City presents a reminder that the government will likely challenge any information that is perceived to be new in a complaint before the boards of contract appeals or the Court of Federal Claims (COFC).

Kansas City Power & Light Co. (KCPL) settled a wrongful-death suit related to an electrical accident that occurred on property owned by the United States.  KCPL had a contract to deliver electrical utility services to a GSA property located in Kansas City, Missouri, and the contract included an indemnity provision.  Following the fatal electrical accident, KCPL settled a lawsuit against the company for $2.25 million and subsequently submitted a certified claim to its contracting officer seeking reimbursement for the costs related to the lawsuit and settlement.  GSA denied the claim, and KCPL appealed.

KCPL’s complaint filed at the COFC included facts that were allegedly not included in the claim, and the government sought to dismiss those additional facts because they were not certified and constituted supplemental information that was not part of the claim.  Judge Sweeney rejected the argument and held that “even though the complaint adds a detail that was not contained within the text of the certified claim and was not referenced by the contracting officer in his final decision, the operative facts underlying both are the same.”  Judge Sweeney also allowed the court to consider KCPL’s breach of contract claim alleging that GSA breached the contract when it failed to defend the lawsuit, even though the certified claim did not specifically raise the breach of contract claim, because the underlying theory – indemnification for the costs relating to the wrongful death lawsuit – was the same.

Binding Contract

Contractors need to be mindful of the nature of their agreement with the government and what laws, regulations, and rules may govern any legal action arising under the agreement.  Contractors often seek monetary damages pursuant to the wrong regulatory scheme or procedure.

Some agreements are clearly procurement contracts, but occasionally the nature of the agreement is unclear.  In those instances, the contracting entity must look to the nature of the agreement to decipher whether it constitutes a procurement contract.

Hymas v. United States, 810 F.3d 1312 (Fed. Cir. 2016)

Hymas is an example of the confusion around what constitutes a procurement contract instead of a grant or cooperative agreement.  The agreement at issue in Hymas relates back to farming agreements first entered into between the Fish and Wildlife Service (FWS) and farmers in the 1970s.  Those agreements permitted the farmers to farm land inside certain wildlife refuges free of charge as long as the farmers left 25% of their crops on the reserve for consumption by the wildlife.

Hymas was denied the right to participate in the program because the FWS utilized a priority selection service to identify participants, which did not include Hymas.  Hymas brought suit in the COFC challenging FWS’s denial of Hymas’ participation.  The COFC found that it had subject matter jurisdiction pursuant to the Tucker Act because the suit arose “in connection with a procurement or proposed procurement.”

The Federal Circuit reversed the COFC’s decision and dismissed the suit because it found that the agreements constituted cooperative agreements instead of procurement contracts.  The Federal Circuit cited the Federal Grant and Cooperative Agreement Act to distinguish the agreements.  That Act states that “an executive agency shall use a procurement contract [when] the principal purpose of the instrument is to acquire . . . property or services for [] the United States Government” and it shall use “a cooperative agreement [when the] principal purpose of the relationship is to transfer a thing of value . . . to carry out a public purpose of support . . . .”  The Federal Circuit found that the agreements were akin to cooperative agreements because they transfer value for the public purpose of feeding the refuges’ wildlife.  Judge Stoll filed a dissent arguing that the FWS was acquiring the farmers’ services to farm food and feed wildlife in exchange for permitting the farmers to sell a portion of the crops farmed.

Cal. Dep’t of Water Resources v. United States, No. 15-1563 C (Fed. Cl. Oct. 4, 2016)

The California Department of Water Resources (CDWR) brought a breach of contract claim for roughly $10,000,000 pursuant to the CDA for reimbursement for scheduling coordinator charges that the CDWR incurred in connection with its operation of certain water storage and distribution facilities that were jointly used by the United States Bureau of Reclamation (USBR).  Among other functions, the CDWR operates and maintains the jointly used facilities, and it periodically pumps federal water through the state-owned water plants on behalf of the USBR.  The CDWR also paid certain coordination charges to schedule energy for delivery to the jointly used facilities.

The jointly used facilities were authorized in the San Luis Act, which provided that the United States and California could enter into an agreement for the coordinated use and operation of the jointly used facilities.  Pursuant to the Act, the United States and California entered into several agreements, which were amended over time.  California filed a claim with the United States seeking reimbursement of the roughly $10,000,000 pursuant to these agreements, under the CDA.  The United States denied the claims, causing California to appeal.  On appeal, Judge Griggsby found that the agreements between California and the United States did not qualify as procurement contracts because nothing was being purchased, acquired, or disposed of.  Moreover, even if the contracts could be considered contracts for the procurement of “joint use services,” as California alleged, the “the legislative history of the CDA demonstrates that the agreements do not fall within the scope of the Act [because] . . . the agreements do not implicate the cost and competition policy considerations underlying the CDA.”

Impact of Contractor Compliance on Claims

Laguna Constr. Co., Inc. v. Carter, 828 F.3d 1364 (Fed. Cir. 2016)

Laguna Construction filed a claim pursuant to a construction contract in Iraq, seeking reimbursement for taxes and other costs, including various subcontractor costs.  During performance of the construction contract, however, various high-ranking Laguna employees accepted numerous high-value kickbacks from subcontractors.  See Laguna Constr. Co., Inc., ASBCA No. 58324, 14-1 BCA ¶ 35,748.  As a result of the kickbacks, Laguna’s project manager and chief operating officer pleaded guilty to various criminal violations.

The government denied Laguna’s claim based on the Defense Contract Audit Agency’s conclusion that Laguna had failed to provide sufficient support to demonstrate that roughly $18 million in subcontractor costs were “fair and reasonable.”  The government waited until 10 months after Laguna filed its notice of appeal at the ASBCA to amend its answer to assert an affirmative defense of fraud, based on the kickbacks.  The government then argued that it was not liable to pay Laguna because the receipt of the kickbacks constituted a prior material breach, which relieved the government of the obligation to pay Laguna the amounts owed under the contract.  The main issue was whether the ASBCA had properly permitted the government to amend its answer to assert common-law affirmative defenses.

First, the Federal Circuit considered whether the government’s affirmative defenses constituted new claims, which would have prohibited the ASBCA from considering them because the claims had not been processed by the contracting officer, as required under the CDA.  Laguna cited Maropakis in arguing that the government had failed to previously raise its affirmative defenses as claims.  The Federal Circuit rejected Laguna’s argument and found that the government’s affirmative defense did not amount to a claim; rather, the affirmative defenses added pertinent facts to the record regarding Laguna’s commission of fraud under the contract.  In this regard, the Federal Circuit once again attempted to distinguish one party’s addition of facts to an existing claim or defense from the addition of an entirely new legal theory and claim, as was the case in Maropakis.

Next, the Federal Circuit addressed Laguna’s argument that the CDA had abrogated common law government contract doctrines and claims.  According to Laguna, the CDA is a statute that specifies how claims under procurement contracts are handled and processed, and the statute replaced the common-law theories applicable to a suit for recovery between a private entity and a sovereign entity.  The Federal Circuit rejected Laguna’s argument.  According to the Federal Circuit, the CDA did not abrogate all common-law claims because it did not “speak directly to the question addressed by the common law,” which was raised as an affirmative defense by the government (the theory of prior material breach had occurred).  Therefore, the court found that the common-law affirmative defense of prior material breach could be considered, and the ASBCA correctly permitted the government to amend its answer.

One important takeaway from Laguna is that contractors must consider common-law rights in addition to strict contractual and statutory rights.

[View source.]

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.

© Morrison & Foerster LLP - Government Contracts Insights | Attorney Advertising

Written by:

Morrison & Foerster LLP - Government Contracts Insights

Morrison & Foerster LLP - Government Contracts Insights 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.