U.S., Mexico, Canada Agree to Update NAFTA

by WilmerHale

After more than a year of sometimes contentious negotiations, the United States, Mexico, and Canada (the “Parties”) reached an agreement late Sunday night to revise the North American Free Trade Agreement (“NAFTA”)—renaming it the U.S.-Mexico-Canada Agreement (“USMCA”). The new agreement has many points of continuity with prior U.S. FTAs. For example, it incorporates important disciplines on digital trade from the Trans-Pacific Partnership (“TPP”) Agreement, and it eliminates certain foreign market access barriers (e.g., dairy) faced by U.S. exporters, in line with the traditional market-opening objective of U.S. FTAs. But the USMCA also departs significantly from past U.S. FTAs in other ways, e.g., by establishing stricter and more complex rules of origin for vehicles and vehicle parts, drastically reducing the scope of investor-state dispute settlement, and introducing a sunset provision. These elements of the agreement reflect the Trump Administration’s skepticism of globalism, and its belief that NAFTA and other FTAs have undermined the U.S. industrial base by overexposing U.S. companies and workers to international competition. As the Administration’s first major attempt to translate this outlook into detailed, concrete international rules, the USMCA provides an important signal of the Administration’s likely negotiating stance in potential future FTAs and FTA renegotiations.

It is important to recognize that the USMCA still has to clear major hurdles, as the U.S., Canada, and Mexico must each ratify the agreement in their domestic legal systems before it can enter into force. In the U.S., that will require Congress to pass implementing legislation. Under Trade Promotion Authority (“TPA”) legislation enacted in 2015, the Administration can secure an up-or-down vote on the USMCA implementing bill, but a statutorily-mandated period of time must pass (in order to allow for full Congressional and public consideration of the agreement) before the Administration may submit a draft bill and supporting materials to Congress. As a result, the President will not be able to enter into (i.e., sign) the USMCA until November 29, 2018, and the earliest that the Administration may submit the draft bill is 30 days thereafter (i.e., December 29, 2018). Once the bill is introduced, Congress will have a maximum of 90 days to vote on it, without amendments.

The updated USMCA is extremely lengthy and contains many new chapters and provisions. Some of the key outcomes include the following:

  • Vehicles and vehicle parts: One of the Trump Administration’s chief objectives in the negotiations was to modify the NAFTA rules of origin for vehicles and vehicle parts (including passenger cars, light trucks, heavy trucks, and parts thereof) in order to increase North American production in general, and U.S. production in particular. The new agreement seeks to achieve this objective by changing the criteria that these products must meet in order to qualify as “originating” in the USMCA countries, and therefore to become eligible for duty-free treatment. Under the new rules, a vehicle or vehicle part must satisfy, first of all, a regional value content (“RVC”) requirement, meaning that a certain proportion of the item’s value must come from inputs that are themselves originating in the USMCA countries. Although NAFTA also had an RVC requirement, the USMCA’s is stricter (with the precise percentages escalating over time after the USMCA enters into force, and also varying for different types of vehicles and vehicle parts).

    In addition to the RVC requirement, the USMCA imposes three new rules-of-origin requirements for vehicles and vehicle parts, which have no precedent in NAFTA or any other U.S. free trade agreement. These are: (1) a labor value content (“LVC”) requirement, which requires producers to certify that their annual production achieves a certain level of expenditures on labor and certain types of high-wage activity (defined in terms of a $16 per hour average production wage); (2) a steel/aluminum content requirement, which requires that at least 70% of the vehicle producer’s purchases of both steel and aluminum in North America originate in USMCA countries; and (3) a regional part requirement (applicable to passenger vehicles and light trucks only), requiring that certain principal vehicle parts originate in the USMCA countries.1 The agreement permits the Parties to temporarily relax these requirements under an “alternative staging regime,” which will be permitted until January 1, 2025, or 5 years after the entry into force of the agreement, whichever is later.

    Overall, these new requirements may cause some companies to shift portions of their production chains to USMCA countries, and otherwise boost investment in USMCA countries, to obtain USMCA certification for vehicles and vehicle parts. By the same token, other companies may decide that complying with the USMCA’s stricter rules of origin is too costly or cumbersome, leading them to shift production to third countries and import vehicles into the U.S. subject to the existing 2.5% MFN tariff that applies to imports of passenger cars. This strategy may not be viable, however, if the Trump Administration uses Section 232 (the national security provision that it has already used to impose steel and aluminum tariffs) to impose restrictions on imports of autos and auto parts, as is currently under consideration.

  • Investor-state dispute settlement (ISDS): NAFTA included a broad ISDS mechanism that enabled investors to sue NAFTA parties directly in the event of expropriation, discrimination, or unfair and inequitable treatment. Since then, every U.S. FTA (including TPP) has included an ISDS mechanism with only modest limitations. However, the USMCA departs from past practice by drastically reducing the scope of ISDS, in three important ways. First, except for Legacy Claims (e.g., investment arbitrations that are ongoing under the NAFTA), the provision will be phased out as between the U.S. and Canada. Second, the U.S. and Mexico agreed to limit the scope of potential investor-state claims under the USMCA to claims for discrimination and direct expropriation. Only parties to covered government contracts in certain industries (oil and natural gas, power generation services, telecommunications services, transportation services, and ownership or management of infrastructure) can bring claims for breach of the other substantive obligations in Chapter 14 (including fair and equitable treatment and indirect expropriation). Third, for disputes not involving covered government contracts, the USMCA requires that a would-be claimant first litigate the challenged measure in domestic courts until it receives a final judgment or 30 months have passed. Overall, these changes reflect the Trump Administration’s skepticism about ISDS, based on a view that it reduces the political risk associated with offshoring U.S. jobs.
  • Dairy: Canada’s dairy supply management system was a key flashpoint in USMCA negotiations. The supply management system includes tariff rate quotas (“TRQs”) on a variety of imported dairy products, with tariffs for products outside the quota generally exceeding 200% (as President Trump has noted in public comments). Furthermore, in 2017, Canada adopted a new “Class 7” pricing scheme to boost domestic supplies of Canadian skim milk components, which reduced U.S. exports of high protein ultra-filtered (UF) milk.

    When NAFTA was concluded, it generally left Canada’s dairy protections unaddressed. However, in the USMCA, Canada agreed to establish new TRQs exclusively for the United States, effectively guaranteeing U.S. exports certain (albeit limited) market access. Furthermore, Canada agreed to eliminate Class 7 pricing (as well as Class 6 pricing, a similar scheme specific to Ontario), which will modestly expand additional opportunities for U.S. exporters of UF milk.

    That said, Canada and Mexico have imposed tariffs on certain U.S. dairy products in retaliation for U.S. tariffs on Canadian and Mexican steel and aluminum, imposed pursuant to Section 232. The Parties have not yet resolved the Section 232 tariffs issue (as discussed below). Accordingly, it remains unclear to what extent the USMCA’s dairy outcomes will translate into increased market access for U.S. dairy exporters.

  • Digital Trade: USMCA contains a digital trade chapter that largely tracks TPP’s e-commerce chapter. For example, the chapter prohibits Parties from applying customs duties to digital products distributed electronically; prohibits restrictions on cross-border data flows and requirements to store or process data in-country (data localization requirements); limits Parties’ ability to require disclosure of proprietary computer source code and algorithms; and provides for safe harbors against intermediary liability for Internet platforms.
  • De Minimis: Canada agreed to raise the “de minimis” thresholds for express shipments – i.e., the minimum value of imported goods not subject to customs duties and sales taxes – to C$150 (US$117) for customs duties and C$40 (US$31) for sales taxes (currently the limit is C$20 for both customs duties and sales taxes). Higher de minimis thresholds tend to boost e-commerce, which often involves cross-border shipments of lower-value goods.
  • Sunset: During the negotiations, the Trump Administration insisted on a sunset provision that would provide for the updated agreement to terminate automatically in 5 years, absent an affirmative agreement between the Parties to extend it. The USMCA provides instead that the agreement will terminate in 16 years, unless all Parties confirm in writing their wish to extend the agreement for another 16 years. Required joint reviews (beginning 6 years after entry into force, and potentially repeating annually in the absence of an agreement to extend the USMCA) will provide periodic opportunities to negotiate such an extension. Thus, while Canada and Mexico appear to have accommodated the U.S. demand for a sunset provision, the USMCA’s distant expiration date and the required joint reviews should significantly reduce the risk that termination would actually occur.
  • Trade Remedies Dispute Settlement: Another flashpoint in the negotiations was NAFTA Chapter 19, which allows binational panels of trade lawyers to substitute for domestic courts in reviewing domestic antidumping and countervailing duty determinations. The Administration called for the elimination of Chapter 19, due to concerns that it impinged U.S. sovereign rights to impose trade remedies in accordance with domestic U.S. laws. However, Canada and Mexico support Chapter 19, because they view it as a more favorable forum for litigating U.S. trade remedy determinations than U.S. federal courts. In a concession to Canada, the USMCA retains Chapter 19 (now renumbered as Chapter 10) largely unchanged, though with some technical adjustments and procedural enhancements.
  • Currency Manipulation: No U.S. FTA has ever established disciplines on competitive devaluation of exchange rates. Although the Administration attempted to strike a deal with Korea on currency manipulation as part of the renegotiation of KORUS, thus far no such agreement has materialized.

    For the first time, the USMCA addresses currency manipulation through a dedicated chapter on macroeconomic policies and exchange rate matters. Each party confirmed that it is bound by International Monetary Fund rules to “avoid manipulating exchange rates or the international monetary system in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage.” The Parties agreed that they “should” achieve and maintain a market-determined exchange rate regime; refrain from competitive devaluation, including through intervention in the foreign exchange market; and strengthen underlying economic fundamentals, which reinforces the conditions for macroeconomic and exchange rate stability. The chapter also sets out certain transparency and reporting requirements, which will be subject to the agreement’s dispute settlement provisions. These provisions are likely aimed at countries outside the USMCA, representing a new international legal benchmark for exchange rate practices that certain countries (e.g., China) have violated in the past.

  • Non-Market Country FTA: In a move likely intended to prevent any future FTAs between USMCA countries and China, the Parties included a provision (another first in any U.S. FTA) requiring a Party to notify the others of its intention to begin free trade agreement negotiations with a non-market country at least three months prior to commencing the negotiations. Should a Party enter into a trade agreement with such a country, the other two parties would have the right to terminate the USMCA on six-months’ notice and replace it with a bilateral agreement.
  • Government Procurement:  The Trump Administration sought during the negotiations to revise the NAFTA procurement chapter through a so-called “dollar for dollar” approach that would have reduced Canadian and Mexican access to the U.S. market. The USMCA goes even further by eliminating the chapter altogether as between the United States and Canada. Going forward, the two countries will address government procurement issues solely under the WTO Agreement on Government Procurement. This change presumably reflects the Administration’s broader focus on strengthening “Buy America” policies.
  • Intellectual Property: The intellectual property chapter is similar to the equivalent chapter in the TPP Agreement, but it does include some important differences. For example, the agreement provides for a minimum of 10 years of biologic drugs patent protection; under TPP, this period was five to eight years. It will also require a copyright term of the life of the author plus 70 years (the TPP Agreement had included a similar provision, but it was dropped when the U.S. withdrew). Currently, in Canada, the copyright term is the life of the author plus 50 years. In a nod to advocates of stronger IP protection for content, the USMCA dropped language on so-called “fair use” exceptions to copyright law that had been included in TPP.
  • Financial Services: The financial services chapter breaks new ground by expanding the list of financial services that may be supplied on a cross-border basis to include investment advice and portfolio management for collective investment schemes; electronic payment services; and (in the case of Mexico) insurance services that are not being supplied by home country suppliers. In another first, the chapter prohibits data localization requirements as they pertain to financial institutions and certain other regulated financial services suppliers. The TPP Agreement excluded the financial services sector from the equivalent provision in that agreement.
  • Labor: The USMCA includes an enforceable (through state-to-state dispute settlement) chapter on labor – in contrast to NAFTA, which addressed labor issues in an unenforceable side agreement. An annex to the labor chapter contains commitments by Mexico to adopt, by January 1, 2019, legislation establishing “(i) an independent entity for conciliation and union collective bargaining agreement registration and (ii) independent Labor Courts for the adjudication of labor disputes.” In combination with the $16 production wage rate for vehicles and vehicle parts (discussed above), these provisions represent significant steps by the Trump Administration to address concerns that NAFTA contributed to a “race to the bottom” through low-wage competition with Mexico.
  • Environment: As with the labor chapter, the USMCA replaces NAFTA’s unenforceable side agreement on the environment with a dedicated chapter that is subject to the agreement’s dispute settlement provisions. Although parts of the chapter are aspirational – encouraging Parties to “consult” and “cooperate” in areas such as air pollution, marine debris and sustainable forestry – other areas are prescriptive. For example, it contains strong language prohibiting any Party from failing to “effectively enforce its environmental laws” in a manner that affects trade between the Parties, and requires Parties to provide access to domestic venues for enforcement of that Party’s environmental laws. It prohibits certain fisheries subsidies, and it contains strong provisions intended to combat wildlife trafficking and unregulated fishing. The environment provisions also place greater emphasis on public participation. Notably, the USMCA maintains NAFTA’s Commission for Environmental Cooperation (“CEC”), an international tribunal where any “person” may submit an enforcement matter asserting that a Party is failing to enforce its environmental laws. The CEC, however, has no power to order remedial actions, and its effectiveness has been met with mixed reviews.

    The Trump Administration described the USMCA as containing “the most comprehensive” set of enforceable environmental obligations of any U.S. trade agreement. Environmental groups may not share that view, especially in light of the agreement’s omission of the term “climate change.”

In addition to the agreement itself, the Parties also negotiated several side letters, including four (two with Canada, and two with Mexico) regarding potential future U.S. import restrictions imposed pursuant to Section 232 of the Trade Preferences Extension Act of 1962 (as amended) (i.e., the national security provision that the Administration has already used to impose steel and aluminum tariffs, and pursuant to which the Administration is considering restrictions on imports of autos and auto parts). Two of the side letters stated that if the U.S. imposes Section 232 import restrictions on autos, light trucks, or auto parts, the U.S. will exclude:

  • 2.6 million passenger vehicles imported from Canada/2.6 million passenger vehicles imported from Mexico on an annual basis;
  • Light trucks imported from Canada/Mexico; and
  • Such quantity of auto parts amounting to $32.4 billion for Canada/$108 billion for Mexico in declared customs value in any calendar year.

The other two side letters state that the U.S. shall not adopt or maintain a measure imposing import restrictions on Canadian goods or services under Section 232 “for at least 60 days after imposition of a measure. During that 60-day period, the United States and Canada shall seek to negotiate an appropriate outcome based on industry dynamics and historical trading patterns.”

The USMCA does not contain an agreement on the existing steel and aluminum tariffs, which Administration officials have stated are being negotiated on a separate track.

We will continue to assess the agreement and monitor related developments. Please contact us if you have any questions.

Footnotes -

1. Article 4-B.3(7).

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.

© WilmerHale | Attorney Advertising

Written by:


WilmerHale on:

Readers' Choice 2017
Reporters on Deadline

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

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

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.