Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

by Pullman & Comley - Labor, Employment and Employee Benefits Law
Contact

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his “probable” role of being “at least generally aware” that Patriots personnel were involved in the intentional deflation of footballs prior to the AFC Championship Game between the Patriots and the Indianapolis Colts, and 2) his failure to cooperate with the NFL’s investigation (conducted by Attorney Ted Wells).  Under applicable provisions of the collective bargaining agreement [“CBA”] between the NFL and the National Football League Players Association [“NFLPA”], NFL Commissioner Roger Goodell assigned himself to serve as hearing officer to hear Brady’s appeal of Goodell’s decision (none of this is a typo).  The appeal hearing took place before Goodell on June 23, 2015, and on July 28, 2015, Goodell affirmed Goodell’s decision suspending Brady.

Two interesting events occurred in connection with that decision: 1) Goodell relied heavily on Brady’s apparent destruction of his cell phone, which may have contained records sought during the investigation, but which only came to the attention of the NFL during the appeal process (i.e. after Goodell’s original decision to suspend Brady), and 2) before the ink had dried on the decision, and before Brady and the NFLPA could file an application to vacate Goodell’s decision, the NFL preemptively went to court to seek confirmation of the decision.

How do the new developments affect the outcome?

1.  Destroyed cellphone=bad for Brady?  The revelation that Brady had his cellphone destroyed (he didn’t do it himself, but directed an assistant to take care of it) is a PR bombshell and may be legally significant.  Generally, during a workplace investigation, an employee may be subject to discipline for failing to cooperate by withholding relevant information, and the employer may draw an adverse inference as to what the employee may be hiding.  In a court proceeding, the destruction of evidence in violation of a requirement to preserve it can create a presumption that the missing evidence would have been adverse to the party that destroyed the evidence.  In order to obtain the benefit of this presumption (“spoliation”), a party must demonstrate that 1) the evidence was destroyed knowingly, and 2) the destroyed evidence was relevant to the party’s claim or defense.

Whatever their motivation, Brady’s actions in causing the cellphone to be destroyed when replaced were clearly intentional.  Goodell generally would be within his rights to draw an adverse inference that any messages stored on the phone would have been harmful to Brady’s claims of innocence.  In response, Brady and the NFLPA assert that the issue of the destroyed cellphone is a red herring in that the NFL already has all the relevant evidence that could have been stored on that phone, since 1) the NFL has the texts/records from the participants in the alleged scheme to deflate footballs and other club officials, and 2) Brady’s attorney supplied the NFL with all of the text/phone numbers that would have been in the phone, based on billing records.  Furthermore, Brady now asserts that he was never told by investigator Wells that he would face discipline for failure to turn over cellphone related evidence.  Either truthfully or as a convenient post hoc justification, Brady testified at the June 23 hearing that had he known that he was facing a suspension for the failure to turn over electronic communications, he would have turned them in (over the advice of counsel).  When participating in investigations, I generally inform targets that the failure to provide relevant information may lead to both an adverse inference and an independent basis for discipline; it would be a surprise if Wells did not give a similar warning.  Stay tuned.

2.  So why is the NFL suing when it “won”? Goodell’s decision on Brady’s appeal  is viewed as the equivalent of an arbitration award issued pursuant to a CBA, and it is therefore subject to review in the federal courts under the federal Labor Management Relations Act [“LMRA”].  Under the LMRA, the party that “won” at arbitration can file a motion to confirm the arbitration award; the party that “lost” can file a motion to vacate (or modify) the arbitration award.  Usually, the party that lost files first.  In a preemptive strike, however, the NFL filed first its action to confirm the decision, in a federal court in Manhattan.  Why?  One word: venue.  The NFL assumed that the NFLPA and Brady would seek to overturn the decision in a federal court in Minnesota, which has had jurisdiction over such NFL-related lawsuits in the past, and in which the NFL has lost many high profile cases.  And indeed, that is where the NFLPA filed its motion to vacate the arbitration award, but not until after the NFL’s action had already been filed in Manhattan.  The court in Minnesota then transferred the NFLPA’s case to Manhattan in light of the “first filed rule.”  Advantage in the battle to play on the most favorable turf: NFL.

3.  What will happen wherever this game is played?  A party challenging an arbitration award has a heavy burden.  Judges do not want to step on the toes of arbitrators, since they wish to encourage parties to voluntarily submit their disputes to arbitration, whether pursuant to a CBA or otherwise.  In light of this deference, a court is highly unlikely to disturb Goodell’s factual findings concerning the conduct at issue.  Major League Baseball Players Ass’n v. Garvey, 532 U.S. 504, 509 (2001) (noting that “improvident, even silly, factfinding” does not provide a basis for a reviewing court to refuse to enforce an arbitration award). Thus, Patriots fans hoping that the appeal to the courts will result in the exoneration of their team or their quarterback will likely be greatly disappointed.

However, notwithstanding the mutterings by some so-called sports law pundits, the NFLPA’s burden is by no means impossible.  In overturning the NFL’s discipline of Adrian Peterson, Judge David Doty (of the U.S. District Court for the District of Minnesota) succinctly noted:

  1. It is proper to vacate/overturn an arbitration award where the award “fails to draw its essence from the CBA or is contrary to the plain language of the CBA.”
  2. The essence of the CBA is derived not only from its express provisions, but also from the “industrial common law.” The industrial common law includes “past practices of the industry and the shop,” i.e., “the law of the shop,” and “the parties’ negotiating history and other extrinsic evidence of intent.”
  3. The “law of the shop” necessarily includes prior arbitration awards.

NFLPA v. NFL, 2015 WL 795253, at *5 (D. Minn. Feb. 26, 2015).  Notwithstanding the NFL’s repeated efforts to pooh-pooh precedent and assert that “each case stands on its own,” one cannot ignore prior rulings and practices in discipline cases.

The NFLPA will argue that Goodell’s decision violated the “law of the shop,” in that the punishment given to Brady was disproportionate to past decisions, and based upon a flawed process.  Much of the road map for the NFLPA comes from an arbitration decision by Paul Tagliabue (who, ironically, previously served as NFL Commissioner) in the New Orleans Saints’ so-called “Bountygate” scandal, in which Tagliabue largely overturned Goodell’s imposition of player suspensions.  As in that case, the NFLPA will assert here that discipline cannot be arbitrary, and cannot be inconsistent with policies, past practice and NFL precedents involving discipline.  Not surprisingly, the NFLPA has expressly relied upon the Bountygate and Adrian Peterson rulings.  The NFLPA may also assert that there was insufficient proof that 1) the footballs were intentionally deflated, and/or 2) Brady was involved in directing that footballs be deflated below the lower limits.  But, based upon the prior NFL discipline cases, the NFLPA’s and Brady’s best strategy will be to focus on the contention that even if reasonable minds can disagree as to whether there were any nefarious acts, and even giving deference to Goodell’s findings, the punishment is arbitrary and capricious (and contrary to the “law of the shop”).

The NFLPA will also argue that Commissioner Goodell was not sufficiently impartial, in light of his position as Commissioner, and his role in the instigation and conduct of the investigation and the issuance of the initial decision, and that Goodell therefore should not have served as the appeals hearing officer.  The NFL correctly observes that the CBA specifically permits the Commissioner to serve as the appeals hearing officer, so that the CBA allows some degree of partiality.  While it is extremely helpful to the NFL that the CBA explicitly authorizes the Commissioner to serve as the hearing officer, it may not be completely dispositive, as there is court precedent supporting the NFLPA’s position.  For example, a court in New York previously found that then-Commissioner Tagliabue’s “position as Commissioner, together with his past advocacy of a position in opposition to plaintiffs’ position, deprive[d] him of the necessary neutrality to arbitrate these claims” and that “to find for plaintiffs herein, the Commissioner would have to reverse certain positions he previously strongly advocated.”  Morris v. New York Football Giants, Inc., 575 N.Y.S.2d 1013, 1016-17 (Sup. Ct. 1991).  The NFLPA is making the same assertions with respect to Goodell vis-à-vis Brady, and has indeed cited this case.

4.  What happens while the court cases are pending? What is most immediately important to Brady and his fans is getting an injunction staying the enforcement of the arbitration ruling/suspension while the litigation is pending.  To do so, Brady will have to show that 1) in the absence of an injunction, he will suffer “irreparable harm,” 2) he is likely to succeed on the merits, and 3) a “balancing of the equities” tips his way.

As a management attorney, I would usually assert that the harm from the imposition of employee discipline is not irreparable since if the employee wins, he can get back pay for the period of suspension.  But pro athletes are not your typical employees.  For example, when enjoining the suspensions of two Minnesota Vikings players, a U.S. District Court Judge (again, in the District of Minnesota!) noted that player suspensions could affect a team’s chances, and that the failure to make the playoffs and its effect on the players, teams, and fans is not compensable monetarily and therefore constitutes irreparable harm.  The judge also noted “the undisputed brevity and precariousness of the players’ careers in professional sports, particularly in the NFL.”  NFLPA v. NFL, 598 F. Supp. 2d 971, 982 (D. Minn. 2008).  Thus, I expect Brady to be able to meet this burden of establishing irreparable harm.

Whether Brady can meet his burden of establishing a “likelihood of success on the merits” is a tougher call.  In Vikings’ case, the court found that the player’s showing of a likelihood of success need not be that strong in light of the “serious questions at issue,” and the balance of the equities tipped toward the players since their appeals would become moot while they served the suspensions they were challenging.  Brady may be able to convince a court that an injunction should enter since 1) he suffers more in the absence of an injunction than the NFL does if an injunction is granted, and 2) he raises “substantial questions” on the merits of his attempt to set aside Goodell’s decision.

So is there a teachable moment here?

The short answer may be “no.”  What has transpired over the last six months has been good for no one except the lawyers, regardless of whether you are 1) a management attorney (as I am) or a union supporter, 2) a Patriots fan (again, guilty as charged) or hater, or 3) a person who feels that the alleged actions are serious and go to the “integrity of the game” and larger ethical issues in society, or (on the other hand) a person who feels what might have happened is mere gamesmanship akin to  Gaylord Perry’s spitball, a curved hockey stick, or even Shaquille O’Neal playfully admitting that that he used to “let the air” out of basketballs.

I have stated before that I would never advise a client to follow the NFL as a model for employment disciplinary decisions.  I have not changed my mind.  Wearing both my management attorney and Patriots fan hats (which pull in opposite directions), it still appears to me that the NFL overreacted to a minor issue and is replaying its prior misadventures in employee discipline.  On the other hand, destroying a cellphone with arguably relevant evidence during an investigation is just plain stupid (at the very least), even if the cellphone actually did not actually contain any relevant evidence.  Even if Brady objected to having to turn over the phone’s content, and even if there was no need for the NFL to have the phone, it is obvious that it would have been more prudent to preserve the phone.  Employees do owe their employers full cooperation during an investigation; a court (not Brady) should have been the entity eventually deciding if the phone really contained relevant evidence.  A court implicitly will now have to decide which is worse: 1) a sports league that demonstrably does not have a clue about basic labor law when it comes to employee discipline, or 2) a star player who somehow believed that he could unilaterally determine the definition of full cooperation with an investigation of alleged wrongdoing.

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.

© Pullman & Comley - Labor, Employment and Employee Benefits Law | Attorney Advertising

Written by:

Pullman & Comley - Labor, Employment and Employee Benefits Law
Contact
more
less

Pullman & Comley - Labor, Employment and Employee Benefits Law on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"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 www.jdsupra.com) (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 privacy@jdsupra.com.

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 privacy@jdsupra.com 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 privacy@jdsupra.com 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 privacy@jdsupra.com. 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 privacy@jdsupra.com.

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: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (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 legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. 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 http://www.aboutcookies.org 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: privacy@jdsupra.com.

- 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.