The HIPAA “Omnibus” Final Rule - Revisions to the Rules on Breach Notification; Notice of Privacy Practices; and Marketing and Fundraising Communications.

by Dickinson Wright

The United States Department of Health and Human Services (the "Department") issued the "Omnibus" Final Rule (the "Final Rule") on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications regarding the Health Insurance Portability and Accountability Act ("HIPAA") Privacy, Security and Enforcement Rules and the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"). Most of the provisions of the Final Rule are effective September 23, 2013.

This Alert is the first of our summaries of the major aspects of the Final Rule. Forthcoming future alerts will summarize changes made by the Final Rule to the HIPAA Security Rule, business associate obligations, and business associate agreements, among other major provisions. We will post more in depth reviews of these significant changes in our DW Health Law Blog located at - you may want to "follow" our blog to receive notifications of new posts.

Revisions to the Rules on Breach Notification.

The Final Rule significantly modified the HIPAA/HITECH Act breach notification rules relating to the procedures that covered entities or business associates, as applicable, must take when determining whether a breach of unsecured protected health information ("PHI") requires notification to affected individuals, the Secretary of the Department or the media.

Under the Final Rule there is now a presumption that an impermissible use or disclosure of PHI is a breach unless the covered entity or business associate, as applicable, demonstrates that there is a low probability that the PHI has been compromised. The shift to this presumption represents a significant burden on covered entities and business associates, and as a result covered entities and business associates, as applicable, will need to document in a detailed and comprehensive fashion their risk assessment review and conclusion regarding impermissible uses or disclosures of unsecured PHI, even if they ultimately determine that the use or disclosure was not a breach.

The new "low probability" standard replaces the previous "harm standard" that was set forth in the Interim Final Rule (issued by the Department October 30, 2009) (the "IFR"), representing a more objective approach to the determination of whether a breach has occurred. Under the Final Rule, a covered entity’s determination of whether there is a "low probability" that PHI was compromised must address, at the least, the following four factors:

  • The nature and extent of the PHI involved, including the types of identifiers and the likelihood of re-identification;
  • The unauthorized person who used the PHI or to whom the disclosure was made;
  • Whether the PHI was actually acquired or viewed;
  • The extent to which the risk to the PHI has been mitigated.

Further, after addressing each of the above stated factors, the covered entity or business associate must evaluate the overall probability that the PHI was compromised by considering all factors in combination. The Department clarified that a covered entity or business associate may choose to automatically provide the required notification following an impermissible use or disclosure of PHI without performing a risk assessment to determine if one is necessary.

The Final Rule also removed the exception to the breach notification rule that was applicable to "limited data sets" which was previously issued in the IFR. Under that exception, an impermissible use or disclosure of PHI that qualified as a limited data set but excluded dates of birth and zip codes, was not considered a "breach." Now, even in those cases the covered entity will need to conduct a risk assessment using the above-described criteria to determine whether a breach occurred.

The Final Rule addressed and clarified a number of detailed questions raised by commenters. For example, it clarified that uses or disclosures that impermissibly involve more than the minimum necessary information may qualify as breaches, even though such information if disclosed to a business associate or as an internal use within a covered entity or business associate, may have a low probability that the PHI was compromised since the information was not acquired by a third party. Further, the Department declined to in the following situation provide an explicit exception to the definition of "breach": in the event a laptop is lost and recovered and a forensic analysis shows that the PHI on the computer was not accessed (instead the covered entity would need to go through its risk assessment and may determine that as a result there is a low probability that the PHI was compromised). The Department noted that if a computer is lost or stolen, it is not reasonable to delay breach notification based on the hope that it will be recovered.

As a result of the new "low probability" standard, covered entities and business associates will need to examine and revise their breach notification policies and procedures prior to the September 23, 2013 effective date.

Revisions to the Notice of Privacy Practices ("NPP").

The Privacy Rule prescribes certain information that must be included in a covered entity’s NPP, including a statement advising individuals that any use or disclosure of PHI other than those permitted by the Privacy Rule will be made only with written authorization of the individual, and that the individual has the right to revoke an authorization. The Final Rule expands a covered entity’s disclosure obligations by requiring that the NPP specifically state that uses and disclosures of PHI for marketing purposes and the sale of PHI require an individual’s written authorization. Also, if the covered entity records or maintains psychotherapy notes, then its NPP must include a statement that uses and disclosures of psychotherapy notes require an individual’s written authorization.

Besides the specific disclosures regarding written authorization, the Final Rule requires that a covered entity that intends to contact an individual for fundraising purposes to disclose in its NPP that it may contact the individual to raise funds, and that the individual has the right to opt out of receiving such communications. If the covered entity is a health plan and it uses or discloses PHI for underwriting purposes, then its NPP must state that the covered entity is prohibited from using or disclosing genetic information for such purposes. All covered entities must include in their NPP a statement of the right of affected individuals to be notified following a breach of unsecured PHI. Finally, for a covered entity other than a group health plan, the NPP must inform individuals of their right to restrict certain disclosures of PHI to a health plan where the individual pays out of pocket in full for the health care item or service.

The Department has determined that these changes are material, and each covered entity must take certain actions to advise the individual of the change in the NPP and make available the revised NPPs. If the covered entity is a group health plan that currently posts its NPP on its website, then it must prominently post information about the material changes or its revised NPP on its website by the compliance date, September 23, 2013, and it must provide the revised NPP or information about the material changes and how to obtain the revised NPP in its next annual mailing to the individuals covered by the plan or during the next open enrollment period. Group health plans that do not maintain customer service websites must provide the revised NPP or information describing the material changes and how to obtain the revised NPP to individuals covered by the plan within 60 days of the compliance date.

Marketing and Fundraising Communcations

Disclosures of PHI for "Marketing" Purposes.

The HIPAA Privacy Rule, at 45 C.F.R. § 164.508(a)(3) (the "Privacy Rule"), requires that covered entities obtain a valid authorization from individuals before using or disclosing PHI to "market" a product or service. The term "marketing" means "to make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service" and generally excepts communications for treatment and health care operations purposes from this definition. The Final Rule’s changes to the definition of "marketing" concern its exceptions, which are now dependent upon the "financial remuneration" received, if any.

The new definition specifies that "marketing" does not include a communication made to provide refill reminders or otherwise communicate about a drug or biologic that is currently being prescribed for the individual, but only if any financial remuneration received by the covered entity in exchange for making the communication is reasonably related to the covered entity’s cost of making the communication. Falling within this exception are communications about the generic equivalent of a drug being prescribed to an individual as well as adherence communications encouraging individuals to take their prescribed medication as directed. Where an individual is prescribed a self-administered drug or biologic, communications regarding all aspects of a drug delivery system, including, for example, an insulin pump, also fall under this exception. The Department intends to provide future guidance to address the scope of this exception.

Additionally, the definition of "marketing" does not include a communication made for the following treatment and health care operations purposes, except where the covered entity receives financial remuneration in exchange for making the communication:

  • For treatment of an individual by a health care provider, including case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the individual;
  • To describe a health-related product or service (or payment for such product or service) that is provided by, or included in a plan of benefits of, the covered entity making the communication, including communications about: the entities participating in a health care provider network or health plan network; replacement of, or enhancements to, a health plan; and health-related products or services available only to a health plan enrollee that add value to, but are not part of, a plan of benefits; or
  • For case management or care coordination, contacting of individuals with information about treatment alternatives, and related functions to the extent these activities do not fall within the definition of treatment.

The Privacy Rule defines "financial remuneration" to mean "direct or indirect payment from or on behalf of a third party whose product or service is being described." The definition clarifies that "direct or indirect payment" does not include any payment for treatment of an individual. However, the term "financial remuneration" does not include non-financial benefits, such as in-kind benefits, provided to a covered entity in exchange for making a communication about a product or service. Rather, financial remuneration includes only payments made in exchange for making such communications. In addition, the financial remuneration a covered entity receives from a third party must be for the purpose of making a communication and such communication must encourage individuals to purchase or use the third party’s product or service. If the financial remuneration received by the covered entity is for any purpose other than for making the communication, then this marketing provision does not apply. Finally, permissible costs for which a covered entity may receive remuneration under this exception are those which cover only the costs of labor, supplies, and postage to make the communication. Where the financial remuneration a covered entity receives in exchange for making the communication generates a profit or includes payment for other costs, such financial remuneration would run afoul of the HITECH Act’s "reasonable in amount" language.

Combining the new definition of "marketing" with the Privacy Rule’s authorization requirement, it follows that for marketing communications that involve financial remuneration, the covered entity must obtain a valid authorization from the individual before using or disclosing PHI for such purposes, and such authorization must disclose the fact that the covered entity is receiving financial remuneration from a third party. Additionally, where a business associate (including a subcontractor), as opposed to the covered entity itself, receives financial remuneration from a third party in exchange for making a communication about a product or service, such communication also requires prior authorization from the individual.

Disclosures of PHI for "Fundraising" Purposes.

The Final Rule amended the fundraising provisions of the Privacy Rule, significantly expanding the PHI that may be used for fundraising purposes to include:

  • Demographic information relating to the individual, including name, address, other contact information, age, gender, and date of birth;
  • Dates of health care provided to the individual;
  • Department of service information, which includes information about the general department of treatment (e.g., cardiology, oncology, pediatrics, etc.);
  • Treating physician;
  • Outcome information, including information regarding the death of the patient or any sub-optimal result of treatment or services; and
  • Health insurance status.

Of course, a covered entity must still apply the minimum necessary standard to ensure that only the minimum amount of PHI necessary to accomplish the intended purpose is used or disclosed.

Concurrent with this expansion in PHI that may be disclosed, the Final Rule expanded upon the requirements of a covered entity that uses PHI for fundraising purposes. Previously, a covered entity that planned to use or disclose PHI for fundraising was required to (1) inform individuals in its notice of privacy practices that it might contact them to raise funds for the covered entity (as discussed in the following section), (2) include in any fundraising materials it sent to an individual a description of how the individual may opt out of receiving future fundraising communications, and (3) make "reasonable efforts" to ensure that individuals who did opt out were not sent future fundraising communications. Now, under the Final Rule, covered entities that use or disclose PHI for fundraising purposes are subject to the following requirements:

  • PHI may not be used or disclosed for fundraising purposes unless the covered entity informs individuals in its notice of privacy practices that it might contact them to raise funds and that they have a right to opt out ofreceiving such communications (as discussed in the following section). Covered entities are not required to send pre-solicitation opt outs to individuals prior to the first fundraising communication.
  • With each fundraising communication made to an individual, whether made in writing or over the phone, the covered entity must provide the individual with a clear and conspicuous opportunity to elect not to receive any further fundraising communications.
  • Covered entities are free to provide individuals with the choice of opting out of all future fundraising communications or just campaign-specific communications. Whatever method is employed, the communication should clearly inform individuals of their options and any consequences of electing to opt out of further fundraising communications.
  • The method for an individual to elect not to receive further fundraising communications may not cause the individual to incur an undue burden or more than a nominal cost. The Department encourages covered entities to consider the use of a toll-free phone number, an e-mail address, or similar opt out mechanism that would provide individuals with a simple, quick, and inexpensive way to opt out of receiving future communications, as requiring individuals to write a letter to opt out constitutes an undue burden.
  • Covered entities may employ multiple opt out methods, allowing individuals to determine which opt out method is the simplest and most convenient for them, or a single method that is reasonably accessible to all individuals wishing to opt out. Requiring that individuals opt out of further fundraising communications by simply mailing a pre-printed, pre-paid postcard would not constitute an undue burden under the Final Rule and is an appropriate alternative to the use of a phone number or e-mail address.
  • A covered entity may choose to provide individuals with the opportunity to select their preferred method for receiving fundraising communications. If an individual elects to opt out of future fundraising communications, then the opt out is effective for all forms of fundraising communications and the individual must be removed from all such lists.The covered entity may not condition treatment or payment on the individual’s choice with respect to the receipt of fundraising communications.
  • The covered entity may not make fundraising communications to an individual where the individual has elected not to receive such communications. However, the covered entity may provide an individual who has elected not to receive further fundraising communications with a method to opt back in to receive such communications.

This Client Alert is published by Dickinson Wright PLLC to inform our clients and friends of important developments in the field of healthcare law. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered in here.


Rose J. Willis is Of Counsel in Dickinson Wright’s Troy office. Willis is a member of the healthcare group and can be reached at 248.433.7584 or

Deborah L. Grace is a Member in Dickinson Wright’s Troy office. Grace is a member of the employee benefits group and can be reached at 248.433.7217 or

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.

© Dickinson Wright | Attorney Advertising

Written by:

Dickinson Wright

Dickinson Wright 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.