Top 10 Things Litigators Should Know About Insurance

Kilpatrick Townsend & Stockton LLP
Contact

Most non-insurance litigators run for the hills when the topic of “insurance coverage” arises. Others profess to know enough about insurance coverage just to make themselves dangerous. Considering the rising costs of defending and settling lawsuits, it is important that all litigators — both in-house and outside counsel — know some basic information about insurance in order to preserve potential insurance benefits available to their clients.

Not only is such information potentially beneficial for the client as there may be insurance to cover the costs of litigation, but for outside counsel, basic insurance knowledge is critical to minimize risks such as potential malpractice exposure. This article is designed to remind litigators about insurance concepts that they should know immediately. Some of the concepts are basic, such as giving notice, but others are more nuanced. The goal here is to identify the various insurance issues for litigators so they help to preserve their clients’ valuable insurance coverage.

1. What Constitutes an “Occurrence” or “Claim” that Triggers Coverage?

A threshold issue to consider is what types of losses and events qualify as a “claim,” and thus trigger coverage under an insurance policy. As noted below, it is extremely important to provide timely notice of a covered loss or claim under all applicable policies, which begs the question of what exactly is a claim under a liability policy. While the answer depends on the particular policy language at issue, there are a few general rules of thumb.

Under an occurrence-based policy, coverage is often triggered by injury or harm, suffered during the policy period, that was caused by an event or series of events. Other policies, however, specify that the “occurrence” itself, rather than — or in addition to — the injury or harm must take place during the policy period. Determining the relevant policy is pretty straightforward when a single act results in immediate injury. The analysis tends to be more complex when the claim arises from conduct that spanned multiple policy periods or involves progressive injury or harm. Under those circumstances, all policies in effect from the time the injury-causing conduct began through the entire time that the injury or damage continues might provide coverage.

Under a claims-made policy, coverage typically is triggered by a “claim” made against the policyholder and reported to the carrier during the policy period. Most policies broadly define “claim” to include far
more than a lawsuit or other formal proceeding. For example, some policies’ “claim” definitions also include oral or written demands for monetary or non-monetary relief and requests for a tolling agreement. Therefore, it is important to recognize that these pre-lawsuit demands could be deemed a “claim” for which the client should provide notice or risk losing insurance coverage when the later lawsuit is ultimately filed.

2. Notice, Notice, Notice...and More Notice!

Liability insurance policies typically require the policyholder to provide notice of a covered loss or claim within a specified time period. The deadline for providing notice can be as early as “immediately,” and as vague as “as soon as practicable,” the interpretation of which often is subject to debate. Some policies provide a specific deadline for providing notice, such as during, or within 60 days after, the policy period.

While the construction of notice provisions often is subject to debate, it is best to provide notice — in writing and in a manner that provides proof of delivery — as soon as possible. In some jurisdictions, late notice can be a complete bar to coverage. In other jurisdictions, untimely notice is not a bar to coverage unless the carrier can prove actual and material prejudice as a result; however, litigating these issues tends to be fact-intensive, time-consuming and expensive.

Additionally, even if notice is not deemed untimely or prejudicial, carriers often contend that they are not responsible for pre-tender costs, i.e., any fees or costs incurred prior to the date on which they received notice. While there may be arguments as to why these costs nevertheless should be covered, it is better to avoid these disputes altogether, and to give notice “early and often” under all potentially applicable insurance policies.

3. Identify (and Provide Notice Under) all Relevant Policies.

It is not uncommon for a given loss to be covered under more than one insurance policy, and it is important to make sure timely notice is provided under all potentially applicable policies. For example, liability arising from progressive losses, such as construction defects or environmental damage, may be covered under multiple policies spanning the time period during which such progressive harm took place, particularly when the policies are occurrence-based policies. Also, it is important to remember to provide notice under all excess policies covering the relevant time periods, even if, at the outset, it does not appear that the excess layer will be implicated. Additionally, in the context of progressive property damage, your client not only might face potential liability to third parties, but also might sustain first-party property damage losses and related business interruption and extra expense losses. Under these circumstances, notice should be given to the client’s first-party insurance carriers and to its liability carriers.

Other circumstances in which more than one type of insurance policy might cover the loss include a lawsuit alleging both employment claims and also management level wrongful acts. These lawsuits could trigger both employment practices liability and directors and officers liability policies.

4. Be Mindful of, and Comply with, all Other Policy Deadlines.

In addition to notice requirements, insurance policies often include other deadlines, which sometimes are buried in fine print. For example, some policies have contractual limitations periods, which can be as short as one year. Additionally, property insurance policies typically include a deadline for submitting a sworn proof of loss, which can be as short as 60 days post-loss. In order to preserve your client’s rights and to avoid or minimize the likelihood of disputes regarding compliance, it is a good practice at the outset to identify and calendar — and, of course, ultimately to comply with — all policy deadlines.

5. Consider Other Parties’ Policies Where Client may be an “Additional Insured.”

When identifying all potentially applicable policies, it is important to focus not only on your client’s own insurance policies but also to consider whether your client is covered as an “additional insured” under other businesses’ insurance policies. If so, it is important to get copies of those policies and to make sure notice is provided under them as well.

6. Do not Ignore the Duty to Cooperate.

A policy’s cooperation clause requires the policyholder to provide information to the carrier, and to assist the carrier in the defense and settlement of the underlying lawsuit. While the specific policy language will dictate the scope of the duty to cooperate, in general, a policyholder should provide documents and information about the underlying lawsuit, attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses required to adequately defend the lawsuit. As discussed below, in some circumstances, the client’s obligation to share information with the carrier might be limited based on privilege grounds.

The duty to cooperate also restricts the policyholder from entering into voluntary settlements or making payments without first advising, and obtaining consent from, the carrier. In most jurisdictions, the carrier must show prejudice from the policyholder’s failure to cooperate to avoid paying policy benefits, which is a heavy burden for the carrier to satisfy. But as a practical matter, if you need the carrier to fund the settlement, it makes sense to keep the carrier apprised of the underlying lawsuit and developments, including all settlement opportunities. In return, the carrier is required to provide a prompt and good faith response, or risk potential bad faith liability.

7. Protecting Privilege — the Carrier’s Coverage Position and Requests for Information.

The carrier’s response to a claim tender, and applicable state law, will determine the existence and scope of any common interest between its client and the carrier and the risk of privilege waiver and other risks associated with providing the carrier with otherwise-privileged information regarding the underlying action. When a carrier defends pursuant to a reservation of rights, it typically requests information about the underlying lawsuit, including privileged information. Defense counsel therefore must assess: (1) actual or potential conflicts of interest created by the reservation of rights; (2) the existence and scope of any common interest between the client and its carrier notwithstanding the reservation of rights; and (3) what information to share and how to share it in a manner that best protects against waiver of the privilege and otherwise protect the client’s interests vis-à-vis its coverage claim.

For example, in California, Civil Code section 2860(d) states that, “[w]hen independent counsel has been selected by the insured, it shall be the duty of that counsel and the insured to disclose to the insurer all information concerning the action except privileged materials relevant to coverage disputes, ... Any information disclosed by the insured or by independent counsel is not a waiver of the privilege as to any other party.” Other states have employed different approaches. Thus, it is important to understand the general scope of the coverage issues raised by the carrier, as well as state law governing the common interest doctrine, in order to avoid waiving privilege or exposing your client to other risks when sharing information with the carrier.

8. Be Wary of Taking Unnecessary Positions in the Underlying Lawsuit that Could Impact the Availability of Coverage.

Defense counsel should be aware of major “hot button” coverage issues to avoid losing coverage unwittingly. To be clear, we are not suggesting that defense counsel take positions simply to preserve insurance — defense counsel’s main objective should always be to try to eliminate or minimize the client’s liability.

However, we have seen many instances where defense counsel have taken positions that do not materially impact the client’s exposure that have compromised or eliminated the client’s insurance coverage. Here’s one example: The client is a defendant in a toxic tort action where hundreds of plaintiffs allege bodily injury spanning from 1968 through the present. The allegations trigger two policies covering the years 1968 and 1969, and there are no other available policies. The two policies provide a full defense because the carrier has a duty to defend the entire claim. Defense counsel unwittingly takes unnecessary positions, speculating that the client’s alleged conduct giving rise to the plaintiffs’ claims may have commenced in the early 1970s. In this example, with hundreds of plaintiffs, whether the liability began in 1968 versus the early 1970s would not have a material impact on the client’s overall liability; the main defense is lack of causation. Nonetheless, based on this position, the carrier now might claim that the 1968 and 1969 insurance policies are not triggered and the client may lose insurance coverage to pay for its defense without any meaningful reduction in potential liability.

This is an extreme example — but we have seen many situations where a better understanding of the big picture coverage issues could have prevented the loss of insurance coverage for the client.

9. Never Take the Carrier’s Initial Denial or Limitation as Absolute: Always Push Back.

After providing notice of a claim, the carrier has three options: (1) accept the tender without reservation, (2) accept the claim pursuant to a reservation of rights or (3) deny the claim. When a client receives a denial or reservation of rights letter from the carrier, the policyholder should evaluate the denial or coverage limitation thoroughly and evaluate the basis for it, and, in almost every instance, the policyholder should push back. It doesn’t always happen but a letter contesting the carrier’s denial can result in a carrier changing course and agreeing to provide a complete, or at least partial, defense. The simple reason is that carriers sometimes make mistakes; they cite the wrong policy language, fail to consider an endorsement that eliminated the exclusion referenced in a coverage denial or fail to fully understand the true nature and scope of the underlying complaint to recognize the potential for a duty to defend. Pointing out these errors or inadequacies and just documenting a challenge to the carrier’s denial, in writing, is important to preserve the client’s rights. The potential return on investment by writing a simple letter pushing back against the carrier’s original claim denial could be huge.

Carriers also often agree to provide a defense but reserve certain rights. One common reservation that we have seen recently is a reservation of the right to limit the hourly rates that they will pay independent defense counsel, sometimes as low as a one-third or one-half the actual hourly rates incurred to retain defense counsel. This “low ball” rate limitation typically is the carrier’s opening bid and when a policyholder pushes back, most policyholders are able to secure a higher hourly rate and the ability to open up a better dialogue with the carrier to ensure the timely payment of defense fees going forward.

10. Failure to Inquire About, and to Preserve Rights Under, Your Clients’ Insurance Coverage Might be Grounds for a Malpractice Claim.

For many litigators, the thought of insurance causes their eyes to glaze over. But some courts have found that, under certain circumstances, defense attorneys might have a duty to investigate, to advise their clients regarding and to take steps to preserve their clients’ rights under potentially applicable insurance policies, and that the failure to do so could constitute malpractice.

For example, in declining to dismiss a client’s malpractice claim against its law firm, the court in Shaya B. Pacific LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker LLP[1] found that, depending on the scope of the agreed representation and the surrounding facts and circumstances, an attorney could be found negligent for its “failure to investigate its client’s insurance coverage or to notify its client’s carrier of a potential claim.” Likewise, in Tush v. Pharr[2], the Alaska Supreme Court reversed the lower court’s grant of summary judgment in favor of the law firm, finding that there were questions of fact about whether the defense attorneys had (and breached) a duty to further investigate whether liability insurance was available to their clients. See also Jordache Enterprises Inc. et al. v. Brobeck Phleger & Harrison[3], and Atlas Iron and Metal Co. v. Ashy.[4]

While no lawyer likes reading — or even writing — about the “M” word, it is important to be aware that these cases exist, and to understand the importance of at least asking questions about, and making sure your clients receive timely advice regarding, insurance.

Some people are motivated by carrots. Others are motivated by sticks. Regardless of which category you are in, if your client has received a demand or has been sued, it is a good idea to ask questions about your client’s insurance policies (as well as your client’s rights under the policies of others), and to work with your client to ensure that steps are taken to preserve its rights under those policies. By doing so, you are providing a valuable and necessary service to your client while also minimizing your exposure to subsequent malpractice claims.

[1] 827 N.Y.S.2d 231, 236 (N.Y. Sup. App. Div. 2006).

[2] 68 P.3d 1239, 1244-47 (Alaska 2003).

[3] 958 P.2d 1062 (Cal. 1998).

[4] 918 So.2d 1205, 1208 (La. Ct. App. 2006), cert. denied, 927 So.2d 276 (La. 2006).

 

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.

© Kilpatrick Townsend & Stockton LLP | Attorney Advertising

Written by:

Kilpatrick Townsend & Stockton LLP
Contact
more
less

Kilpatrick Townsend & Stockton LLP 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.