The Completed and Accepted Doctrine: When the Majority Rule Becomes the Minority

by Pepper Hamilton LLP
Contact

This article was published in the May 2018 issue of AGC Law in Brief (Volume 4, Issue 3), Practical Construction Law & Risk Issues. It is reprinted here with permission.

The “Completed and Accepted Rule,” or the “Completed and Accepted Doctrine,” is a judicially created doctrine that is said to have originated in the United States with the 1919 Connecticut case Howard v. Redden, in which a contractor was held to be not liable to a third-party passerby who was struck by a faulty cornice after completion and acceptance of the work by the owner.1 The stated reasoning for this rule is a lack of proximate cause due to “a break in the causal connection between the contractor's negligence and the injury.”2

Although the Completed and Accepted Doctrine was adopted by the majority of jurisdictions as late as the 1950s, it is now the minority rule.3 Currently, 21 states still permit the application of some form of the doctrine, including Arizona, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Mississippi, Missouri, Nebraska, Nevada, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Virginia and Wisconsin.

The Doctrine

The Completed and Accepted Doctrine provides that a building or construction contractor is not liable for injury to a third-party person as a result of the condition of the work after completion of the work and acceptance by the owner, even though the injury or damage was due to the contractor’s negligence in performing the work or the contractor’s failure to properly carry out the contract.4

The doctrine relieves a contractor of liability to injured third parties caused by a patent defect after control of the completed premises has been turned over to the owner. Generally, the doctrine is limited to those situations where the defect is so obvious, open or “patent” that the owner could have discovered and remedied it.5 The doctrine does not extend to latent or concealed defects.6 Furthermore, under this doctrine, the work of the contractor must be fully completed and accepted before the owner becomes liable and the contractor is exonerated for injuries to third parties caused by the defective work.7 As a result, the doctrine does not apply when there is, in fact, no acceptance of the work.

Rationale for Completed and Accepted Doctrine

The rationale for the Completed and Accepted Doctrine is that, by occupying and taking possession of the work, the owner deprives the contractor of the opportunity to rectify its wrong, and therefore there is a lack of causal connection between the contractor’s conduct and the third person’s injury.8 Before accepting the work as being in full compliance with the terms of the contract, the project owner is presumed to have made a reasonably careful inspection thereof and to know of its defects.9 Therefore, if the owner takes the project in a defective condition, he accepts the defects and the negligence that caused them as his own and, thereafter, “stands forth as their author.”10 Not only does this doctrine provide an affirmative defense for contractors as to patent construction defects, but it has been applied to design professionals as well for patent defects in their designs.11

Additionally, the doctrine is based on the concept that, although the contractor remains liable to the owner through privity of contract after completion and acceptance of the work, the contractor's liability does not extend to third persons because there is no similar privity of contract between the contractor and third persons.12

Exceptions to the Rule

The Completed and Accepted Doctrine is conditioned upon a number of exceptions such that the exceptions nearly swallow up the rule.13 One common exception is that the Completed and Accepted Doctrine does not apply when there is, in fact, no acceptance by the owner.14 Lack of acceptance removes the presumption that the owner made a reasonably careful inspection of the property and therefore knows of its defects. However, acceptance need not be formal, and cases will look to various factors, such as whether (1) the owner or its agent reasserted physical control over the premises or instrumentality, (2) the work was actually completed, (3) the owner expressly communicated an acceptance or release of liability, or (4) the owner's actions permit a reasonable inference that the work was accepted.15

Another exception is known as the “imminently dangerous exception,” which imposes liability on the contractor after acceptance when (1) the defect is imminently dangerous to others, (2) the defect is so hidden that a reasonably careful inspection would not reveal it, and (3) the contractor knows of the defect, but the owner does not.16 Essentially, under this exception, a hidden (or “latent” defect) is not covered by the doctrine.17

Under another limitation, the doctrine applies only when the contractor has no discretion and merely follows the plans and specifications provided by its employer.18 The Arizona Court of Appeals noted that, “If the contractor is hired to exercise its discretion, special skills, and knowledge to prepare a design, and the owner does not control the design details, the contractor cannot invoke the rule.”19 This would appear to create an exception for design-build or EPC contractors that furnish their own designs and plans. However, to the extent that an owner provides even preliminary designs or specifications that a contractor must follow, the doctrine should still apply.

The Majority Rule (Foreseeability Doctrine)

The “Foreseeability Doctrine,” or the “Modern Rule,” has replaced the Completed and Accepted Doctrine and become the majority.20 The Foreseeability Doctrine provides that a building or construction contractor is liable for injury or damage to a third person as a result of the condition of the work, even after completion of the work and its acceptance by the owner, when it was reasonably foreseeable that a third person would be injured by the work due to the contractor's negligence or failure to disclose a dangerous condition known to the contractor.21

The Foreseeability Doctrine stems from products liability law, imposing liability for negligence on manufacturers of products based on the duty of care owed to the ultimate user of the product if “the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made.”22

In applying the Foreseeability Doctrine to hold contractors liable for injury to third parties, courts have cited to the Restatement (Second) of Torts section 385, which states “One who on behalf of the possessor of land erects a structure or creates any other condition thereon is subject to liability to others upon or outside of the land for physical harm caused to them by the dangerous character of the structure or condition after his work has been accepted by the possessor, under the same rules as those determining the liability of one who as manufacturer or independent contractor makes a chattel for the use of others.”23

For example, one Iowa court held that a contractor remains liable even after termination of the contractor’s work and even if the possessor of land is under a duty toward the person injured to discover the condition created by the contractor, as expressed in Restatement (Second) of Torts section 384.24

Doctrine Abolished in Many States

More than 30 states have abolished the Completed and Accepted Doctrine, including – ironically – Connecticut in 1977.25 In Coburn v. Lenox Homes, Inc., the state supreme court effectively reversed its landmark 1919 decision in Howard v. Redden and concluded that a contractor could be held liable to an injured third party, even though the contractor’s negligent work had been completed and accepted by the owner.26Coburn instead adopted the reasoning of the Foreseeability Doctrine, which Connecticut now follows.27

Texas abandoned the Completed and Accepted Doctrine in 1962, noting that the exceptions “have largely emasculated the rule.”28 The Texas Supreme Court stated that the doctrine produces a harsh and unsound approach to the assessment of liability. It explained:

The rule eventually becomes enveloped by complex exceptions to cover such situations as nuisance, hidden danger, and inherently dangerous conditions. The result would be that in each case, after having first decided that there was an acceptance of the work, we would then have to decide issues involving all the various exceptions to the rule and in case any exception was found applicable, the basic issues of negligence and proximate cause would still remain for consideration. We believe that outright rejection of this oft-repudiated and emasculated doctrine would restore both logic and simplicity to the law.29

Arkansas adopted the Completed and Accepted Doctrine in 1910,30 but abolished it in 1999, stating:

[T]he accepted-work rule has been thoroughly criticized as anachronistic and has provided unwarranted exceptions to general negligence principles. It has been said to have provided harsh results and many exceptions have been adopted to ameliorate such harshness . . . . From our review of the substantial legal authority on the subject, we believe the better-reasoned view is that the accepted-work doctrine is both outmoded and often unnecessarily unfair in its application. We believe it would be a mistake to continue to apply a doctrine based upon privity of contract when the third party's injury is foreseeable.31

Finally, the Montana Supreme Court criticized the doctrine’s harsh results, stating that it

has the undesirable effect of shifting responsibility for negligent acts or omissions from the negligent party [the contractor] to an innocent person [the owner] who paid for the negligent party’s services . . . based on the legal fiction that by accepting a contractor's work, the owner of property fully appreciates the nature of any defect or dangerous condition and assumes responsibility for it.32

The court concluded that, in reality, the opposite is usually true, i.e., that contractors, whether building contractors or architects, are hired for their expertise and knowledge.

 

Endnotes

1 Howard v. Redden, 107 A. 509, 511 (Conn. 1919).

2 Id. “Before accepting the work as being in full compliance with the terms of the contract, he is presumed to have made a reasonably careful inspection thereof and to know of its defects; and if he takes it in the defective condition, he accepts the defects and the negligence that caused them as his own, and thereafter stands forth as their author. When he accepts work that is in a dangerous condition, the immediate duty devolves upon him to make it safe; and if he fails to perform this duty, and a third person is injured, it is his negligence that is the proximate cause of the injury.”

3 See Seitz v. Zac Smith & Co., 500 So. 2d 706 (Fla. Dist. Ct. App. 1987); see also W. Page Keeton, et al., Prosser and Keeton on the Law of Torts § 104A, 723 (5th ed. 1984).

4 Slavin v. Kay, 108 So.2d 462 (Fla. 1958); Roskowske v. Iron Mountain Forge Corp., 897 S.W.2d 67, 71 (Mo. Ct. App. 1995); see also Annotation, Modern status of rules regarding tort liability of building or construction contractor for injury or damage to third person occurring after completion and acceptance of work; "completed and accepted" rule, 74 A.L.R.5th 523 § 1a (2017).

5 Sanchez v. Swinerton & Walberg Co., 47 Cal.App.4th 1461, 1470-1471 (Cal. Ct. App. 1996).

6 Id.

7 Gonsalves v. Sears, Roebuck & Co., 859 So.2d 1207, 1209 (Fla. Dist. Ct. App. 2003).

8 74 A.L.R.5th 523 § 2a.

9 Sanchez, 47 Cal.App.4th at 1466-1467.

10 Slavin, 108 So.2d at 466. See also Par. 12.3, AIA A201 General Conditions (2017 ed.) (under which the project owner has the right to accept the contractor’s work with defects and to negotiate a reduction in the contract price for that defective condition. Presumably, such an owner would also assume the risk of those known defects).

11 See Easterday v. Masiello, 518 So.2d 260 (Fla.1988) (architects and engineers of jail containing patent defect, on which inmate committed suicide by hanging, were relieved of liability after control was turned over to jail owner). But see Pierce v. ALSC Architects, P.S., 890 P.2d 1254 (Mont. 1995) (rejecting accepted work doctrine as a defense for an architect).

12 This rationale can be traced to the English case Winterbottom v. Wright, 152 Eng. Rep. 402 (Ex. 1842), which states that a contractor for the supply of mail coaches was shielded from liability for a third party’s injuries because the contractor and the third party were not in privity of contract. In the United States, Howard v. Redden adhered to a similar rationale in holding that a contractor was not liable to a third-party passerby when struck by a faulty cornice, even though the contractor remained liable to the owner after completion and acceptance of the work. Howard, 107 A. at 511.

13 Lynch v. Norton Constr. Inc., 861 P.2d 1095, 1099 (Wyo. 1993); see also Keeton, supra note 3, at 723 (noting that the exceptions tended to swallow the rule).

14 Seitz, 500 So.2d at 710.

15 Blake v. Calumet Const. Corp., 674 N.E.2d 167 (Ind. 1996).

16 Roskowske, 897 S.W.2d at 71-72.

17 See, e.g., Easterday, 518 So.2d at 260 (contractors continue to be liable for latent defects); Bob v. Scruggs Co., 419 S.E.2d 100, 102 (Ga. Ct. App. 1992) (contractor not liable unless work constituted nuisance per se, was inherently or intrinsically dangerous, or was so negligently defective as to be imminently dangerous to others).

18 Menendez v. Paddock Pool Constr. Co., 836 P.2d 968 (Ariz. Ct. App. 1991).

19 Id. at 980.

20 Id.

21 74 A.L.R.5th 523 § 2a; see Foreline Sec. Corp. v. Scott, 871 So.2d 906, 909 (Fla. Dist. Ct. App. 2004).

22 MacPherson v. Buick Motor Co., 111 N.E. 1050 (N.Y. 1919).

23 Minton v. Krish, 642 A.2d 18, 21 (Conn. App. Ct. 1994).

24 Kragel v. Wal-Mart Stores, Inc., 537 N.W.2d 699 (Iowa 1995).

25 See 75 A.L.R. 5th 413 § 3 (2017).

26 Coburn v. Lenox Homes, Inc., 378 A.2d 599 (Conn. 1977).

27 The test is “would the ordinary man in the defendant's position, knowing what he knew or should have known, anticipate that harm of the general nature of that suffered was likely to result?” Coburn, 378 A.2d at 603.

28 N. M. Hubbard, Inc. v. Gehring, 360 S.W.2d 787, 790 (Tex. 1962).

29 Id. at 791.

30 Memphis Asphalt & Paving Co. v. Fleming, 132 S.W. 222 (Ark. 1910).

31 Suneson v. Holloway Const. Co., 992 S.W.2d 79, 85 (Ark. 1999).

32 Pierce, 890 P.2d at 1262.

 

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.

© Pepper Hamilton LLP | Attorney Advertising

Written by:

Pepper Hamilton LLP
Contact
more
less

Pepper Hamilton LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at 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.