Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

Ladas & Parry LLP

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of inventions was good for the economy. Trade secret protection was largely a matter for state law and, although not pre-empted by the federal patent law, was seen as generally providing weaker protection. However, changes in patent law effected by the America Invents Act in 2012 included provisions that reduced the commercial risks that a business would run by trying to keep inventions as trade secrets rather than patenting them. In Europe, there was little consideration of trade secret protection at the European (EU) level and national laws dealt with the question in many different ways until a “Report on Trade Secrets for the European Commission” was published in 2011.

This is about to change. The Defend Trade Secrets Act of 2016 was signed into law by President Obama on 11 May 2016. 16 days later, the European Council adopted a directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, which will need to be implemented in all of the EU Member States by national legislation within the next two years.

The American Defend Trade Secrets Act has four main features:

  1. creation of a civil right of action in federal district courts for those who have suffered misappropriation of a trade secret related to a product or service used in or intended for use in interstate or foreign commerce;
  2. creation of a new right of civil seizure whereby in extraordinary circumstances a court may grant an ex parte application providing for seizure of property necessary to prevent the propagation or dissemination of a trade secret;
  3. increasing the maximum fine under the Economic Espionage Act from USD 5 million to the greater of USD 5 million and three times the value of the stolen trade secret; and
  4. providing some protection for whistle blowers.

The EU Directive sets out minimum standards for protection of trade secrets but, subject to certain requirements, member countries of the EU can provide for more far-reaching protection against the unlawful acquisition, use or disclosure of trade secrets than that required by the Directive. Principle features of the Directive include requirements that countries that are part of the EU:

  1. ensure that trade secret holders can seek relief to prevent, or obtain redress for, the unlawful acquisition, use or disclosure of their trade secret.
  2. provide for the measures, procedures and remedies necessary to ensure the availability of civil redress against the unlawful acquisition, use and disclosure of trade secrets that are: (a) to be fair and equitable;  (b) not to be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays; and  (c) to be effective and dissuasive.
  3. ensure that the competent judicial authorities may order any of the following provisional and precautionary measures against the alleged infringer: (a) the cessation or, as the case may be, the prohibition of the use or disclosure of the trade secret on a provisional basis; (b) the prohibition of the production, offering, placing on the market or use of infringing goods, or the importation, export or storage of infringing goods for those purposes; (c) the seizure or delivery up of the suspected infringing goods, including imported goods, so as to prevent their entry into, or circulation in, the market or as an alternative make the continuation of the alleged unlawful use of a trade secret subject to the lodging of guarantees intended to ensure the compensation of the trade secret holder. Disclosure of a trade secret in return for the lodging of guarantees shall not be allowed.

Comparison between the Defend Trade Secrets Act and the EU Directive

Both the US and the EU are parties of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which provides minimum standards of protection for patents, copyrights, trademarks, and trade secrets. Although, the TRIPS Agreement does not use the words “trade secrets,” it does provide that in order to “ensure effective protection against unfair competition,” signatories to the Agreement must protect individuals and corporations, who own or control “undisclosed information” from unauthorized disclosure, acquisition, or use “without their consent in a manner contrary to honest commercial practices.”

Consistent with the wording of TRIPS, both the Defend Trade Secrets Act and the EU Directive include analogous “basic” provisions on trade secrets, including what constitutes a trade secret and how a violation occurs. On the other hand, the US and the EU law differ on some aspects of trade secrets protection, as will be discussed below.

Main similarities

The Defend Trade Secrets Act and the EU Directive provide a:

  • Similar definition of trade secrets: despite the different wording used, the Defend Trade Secrets Act and the EU Directive share the same scope. Both jurisdictions, indeed, protect the information which the owner has taken reasonable steps to keep secret and which derives an economic value from the fact that it is confidential.
  • Similar lawful conducts: both the Defend Trade Secrets Act and the EU Directive consider an acquisition of trade secrets lawful, when the trade secret is obtained by any of the following means: reverse engineering, independent derivation, as well as “other lawful means of acquisition” (according to the Defend Trade Secrets Act), or “other honest commercial practices” (according to the EU Directive).
  • Similar provision of confidentiality during legal proceedings for trade secrets misappropriation: the EU Directive provides for specific measures to protect trade secrets during litigation, including restricting access to documents and to hearings. In this regard, to preserve confidentiality, an applicant must first supply a “duly reasoned” application as to why certain information should be kept confidential. Similarly, the Defend Trade Secrets Act states that the court may not authorize or direct the disclosure of any information the owner asserts to be a trade secret “unless the court allows the owner the opportunity to file a submission under seal that describes the interest of the owner in keeping the information confidential.”
  • Similar provisions regarding the mobility of employee: both the Defend Trade Secrets Act and the EU Directive reinforce the importance of employee mobility. In this regard, the EU Directive expressly states that their provision should not be understood to offer any ground for restricting the mobility of employees.
  • Partially similar remedies: the EU Directive and the Defend Trade Secrets Act provide injunctive relief, corrective measures, and damages as remedies in case of trade secrets violations. However, the Defend Trade Secrets Act includes a specific provision for ex parte seizures of trade secret information. According to the new provision, a court may “issue an order providing for the seizure of property necessary to prevent the propagation or dissemination of the trade secret.” This seizure remedy can be used only in “extraordinary circumstances,” and its application is based on an affidavit or a verified complaint. The EU directive leaves such issues to national law.

Main differences

The Defend Trade Secrets Act and the EU Directive show some dissimilarities regarding the:

  • Limitation period: The Defend Trade Secrets Act provides a limitation period of three years from the date the owner “knew, or should have known” of the trade secrets’ misappropriation, while such period lasts no more than six years under the EU Directive. However, at the EU level, Member States can determine when the period begins and under what circumstances it may be interrupted or suspended.
  • Whistleblower protections: The Defend Trade Secrets Act provides “immunity” from liability for disclosing a trade secret only when the disclosure is confidential and made to the government or in a court filing (under seal), but does require employers to notify employees of this immunity notice of this immunity in any contract or agreement with an employee entered into or updated after the law comes into force that governs the use of a trade secret or other confidential information. Failure to do so may limit the employer’s ability to obtain exemplary damages or attorney fees in a federal trade secrets action against an employee to whom notice was not provided. By the contrast, the EU Directive provides broader protections for whistleblowers, in that it provides an exception whenever the respondent acted for the purpose of protecting the general public interest and trade secret protection is specifically subject to the exercise of the right to freedom of expression and information including respect for the freedom and pluralism of the media.
  • Possibility of increased damage awards: The Defend Trade Secrets Act provides that if the trade secret is “willfully and maliciously misappropriated”, exemplary damages are due in an amount which should not exceed two times the amount of the damages awarded. To the contrary, punitive damage are absent at the EU level.
  • Jurisdiction over extraterritorial conduct: The Defend Trade Secrets Act provides courts with broad jurisdiction over conduct occurring outside the United States. Such provision is absent at the EU level. However, EU Member States may broaden the protection.
  • Criminal liability: United States law provides potential criminal liability for wrongful acquisition, use, or disclosure, whereas the Directive is silent on this aspect. However, EU Member States may provide for more far-reaching protection against the unlawful acquisition, use or disclosure of trade secrets, than that required by the Directive.
  • Downstream use of a misappropriated trade secret: The question of the possible remedy against a party selling or using a product that has been produced by a stolen trade secret is not entirely clear under the Defend Trade Secrets Act. The definition of “misappropriation” of a trade secret includes “use” of the secret as well as the initial acquisition of it and it remains to be seen how the courts will interpret this. Under prior state law, similar language has been held to include not only embodiment of the secret in a product but also acceleration of a product’s development, solicitation of sales and other activities that unjustly enrich another party or cause economic detriment to the trade secret owner. Under the EU Directive, “the production, offering or placing on the market of infringing goods, or the importation, export or storage of infringing goods for those purposes, shall also be considered an unlawful use of a trade secret where the person carrying out such activities knew, or ought, under the circumstances, to have known that: (a) the trade secret was used unlawfully; (b) the trade secret was acquired unlawfully; (c) the person bound by a confidentiality agreement or any other duty not to disclose the trade secret breached such obligation; or (d) the person bound by a contractual or any other duty to limit the use of the trade secret breached such obligation.” The “ought to have known” provision in the EU directive has provoked some concerns that this provision could be used against innocent sellers of goods who will be put in the position of having to prove that they did not know of the trade secret theft and that there was no reason as to why they “ought to have known.”


Although the main similarities and differences on trade secrets’ protection seem already delineated, an actual evaluation of the US and the EU protection of this field of intellectual property will be possible only when the EU Member States will have enacted their own laws to comply with the Directive. EU Member States may indeed implement higher standards of trade secrets protection, than those currently provided by the Directive. This may inevitably lead to some discrepancies in the law applicable in the different Member States, as well as in law provided at the EU and US level.

The original version of this article was first published in Offshore Investment Magazine.

The author wishes to thank Vera Collavo for her contributions to the research and editing of this article.

End Notes:

  1. Trade secrets are the field of Intellectual Property aimed at protecting commercially valuable designs, plans, computer software, processes, techniques, nonpublic financial information cost and pricing information, as well as other forms of information that are kept confidential by the owners.
  2. Prior to the Defend Trade Secrets Act discussed below, the only relevant federal statute was the Economic Espionage Act of 1996 which made it a criminal offence to carry out various acts relating to or included in a product that is produced for or placed in interstate or foreign commerce, if this is done for “the economic benefit of anyone other than the owner thereof” (Section 1832). Most states, with the notable exception of New York which has a different law on this subject, have adopted laws based on the Uniform Trade Secrets Act.
  3. The changes included repeal of a provision that meant that there was a risk that a patent could be invalidated if the owner had concealed the invention prior to the filing of the patent application beyond what was necessary for its development and creation of a new defense to allegations of patent infringement that the alleged infringer had made commercial use of the invention before the filing of the application for the patent in question.
  4. S.1890 – 114th Congress (2015-2016).
  5. Directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, Brussels, April 26, 2016.
  6. Defend Trade Secrets Act, Section II (b) (1).
  7. Defend Trade Secrets Act, Section II (b) (2).
  8. Defend Trade Secrets Act, Section III (a) (1).
  9. Defend Trade Secrets Act, Section VII (b) (1).
  10. Directive, Article 4.
  11. EU Directive, Article 6.
  12. EU Directive, Article 10.
  13. TRIPS Agreement, Article 39.
  14. 18 USC 1839 (3) defines a trade secret as “all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if (A) the owner thereof has taken reasonable measures to keep such information secret; and (B )the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public.
  15. EU Directive, Article 2 defines a trade secret as” information which meets all of the following requirements: (a) it is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) it has commercial value because it is secret; and (c) it has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.
  16. Defend Trade Secrets Act, Section II (b) (1) (B).
  17. EU Directive, Article 3.
  18. EU Directive, Article 9.
  19. Defend Trade Secrets Act, Section III (b).
  20. Defend Trade Secrets Act, Section VII (b) (1).
  21. EU Directive, Article 1.
  22. EU Directive, Article 12.
  23. Defend Trade Secrets Act, Section II (b) (2).
  24. Defend Trade Secrets Act, Section III, (d).
  25. EU Directive, Article 8.
  26. Defend Trade Secrets Act Section VII, (b).
  27. EU Directive, Article 5.
  28. Defend Trade Secrets Act, Section II, (b) (3).
  29. 18 USC 1837 (into which the Defend Trade Secret Act is incorporated).
  30. 18 USC1834 (into which the Defend Trade Secret Act is incorporated).
  31. EU Directive, Article 1.
  32. EU Directive Article 4 (5).

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ladas & Parry LLP | Attorney Advertising

Written by:

Ladas & Parry LLP

Ladas & Parry 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 (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.