United States and China Sign "Phase One" Trade Agreement; USTR Implements Tariff Reduction for "List 4A" Goods

White & Case LLP

White & Case LLPOn January 15, 2020, President Trump and Chinese Vice Premier Liu He signed "Phase One" of an Economic and Trade Agreement between the United States and China. The Phase One Agreement, which the two sides announced in December, includes commitments by China to increase purchases of goods and services from the United States and to adhere to disciplines covering a range of issues, including agriculture, currency, financial services, and some "structural" issues such as intellectual property rights protection and technology transfer. In addition, the Office of the US Trade Representative (USTR) issued a Federal Register notice today reducing the Section 301 tariff rate on "List 4A" Chinese goods to 7.5% beginning on February 14, consistent with the agency's December statement announcing the Phase One Agreement. The Phase One Agreement will leave the remaining Section 301 tariffs and Chinese retaliatory tariffs in place, but its signing is nonetheless an important development that appears likely to avert the near-term escalation of tariffs or other trade and investment restrictions. We provide here a brief overview of the Agreement and its implications.

Section 301 Tariffs and Chinese Retaliation

The Agreement makes no mention of the United States' Section 301 tariffs on products of China, or the retaliatory tariffs that China has imposed on imports from the United States. However, the Trump administration announced in December that, as a result of the Phase One agreement, the United States would: (1) cancel the imposition of a 15% additional duty on "List 4B" goods ($160 billion) that had been scheduled to take effect on December 15, 2019; and (2) reduce to 7.5% (from the current rate of 15%) the additional duty it has imposed on "List 4A" goods ($120 billion) since September 1, 2019. Though these commitments are not reflected in the Agreement, USTR already has suspended the imposition of the List 4B tariffs, and today USTR published a Federal Register notice reducing the List 4A tariff to 7.5% with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 am Eastern Standard Time on February 14, 2020. China suggested in December that it would implement a commensurate reduction of its retaliatory tariffs, but the Agreement is silent on whether (or when) this will occur.

Intellectual Property

The Intellectual Property Chapter includes disciplines related to trade secret protection, pharmaceuticals, patents, piracy, counterfeiting, geographical indications, trademarks, and enforcement measures. The commitments that China has undertaken under the Chapter – particularly those requiring it to provide for the protection of trade secrets through criminal enforcement and other means – appear extensive, are generally binding (rather than aspirational commitments), and in some cases resemble provisions of other US trade agreements such as the USMCA. Nevertheless, the Agreement does not expressly detail required changes to specific Chinese laws and regulations, which the United States reportedly demanded during prior stages of the negotiation. Rather, pursuant to Article 1.35 of the Agreement, the extent to which China intends to modify existing measures in order to implement the IP commitments will be set forth in an "Action Plan" to be published at a later date. This provision states that, within 30 working days after the Agreement enters into force, China will promulgate an Action Plan that specifies "measures that China will take to implement its obligations under [the Intellectual Property Chapter] and the date by which each measure will go into effect." Thus, the extent to which the Agreement will prompt changes to China's existing laws and regulations (and the effect of any such changes) remains to be seen.

Technology Transfer

The Technology Transfer Chapter includes commitments aimed at addressing three alleged Chinese government practices targeted by USTR in its Section 301 investigation: (1) the use of foreign ownership restrictions (e.g., joint venture requirements) to require or pressure technology transfer from US companies; (2) the use of regulations to force US companies to license technology to Chinese entities on non-market based terms; and (3) the facilitation of foreign investment in US companies to obtain technologies and intellectual property. The Chapter aims to curtail such practices through the following general obligations:

  • Persons of a Party "shall have effective access to and be able to operate openly and freely in the jurisdiction of the other Party without any force or pressure from the other Party to transfer their technology to persons of the other Party."
  • Any transfer or licensing of technology between persons of a Party and those of the other Party "must be based on market terms that are voluntary and reflect mutual agreement."
  • A Party is prohibited from supporting or directing "the outbound foreign direct investment activities of its persons aimed at acquiring foreign technology with respect to sectors and industries targeted by its industrial plans that create distortion."

The Chapter includes several additional disciplines aimed at prohibiting specific methods of forced technology transfer. For example, Article 2.2 provides that a Party may not "require or pressure persons of the other Party to transfer technology to its persons in relation to acquisitions, joint ventures, or other investment transactions." Article 2.3 prohibits a Party from adopting or maintaining "administrative and licensing requirements and processes" that require or pressure technology transfer from persons of the other Party to its persons. In addition, the Chapter prohibits a Party from requiring or pressuring, "formally or informally", that persons of the other Party transfer technology to its persons (or favor domestic technologies) as a condition for receiving market access, administrative or licensing approvals, or "any advantages conferred" by the Party. While there is some overlap between these requirements and the commitments that China already has assumed under Article 7.3 of its Protocol of Accession to the WTO, the Phase One Agreement's technology transfer terms are more detailed and expressly prohibit a wider range of government actions. On the other hand, China has long maintained that it does not impose technology transfer requirements, and the policing of informal requirements – a primary US business complaint – may prove difficult, especially at the sub-national level.


The Agriculture Chapter includes commitments related to biotechnology, domestic support, and tariff-rate quota administration. Notable provisions include a commitment by China to implement a "transparent, predictable, efficient, science- and risk-based regulatory process" for the evaluation and authorization of agricultural biotechnology, and to reduce the timeframe for review and authorization of products for feed or further processing to an average of 24 months. In addition, the Chapter contains extensive commitments related to sanitary and phytosanitary measures for specific products, including meats, poultry, seafood, dairy, and rice, among other items. However, other provisions of the Chapter merely reaffirm China's existing WTO obligations (e.g., to publish information regarding its domestic support measures and to administer tariff-rate quotas for wheat, rice, and corn in conformity with the WTO Panel Report in China—TRQs (DS517)).

Expanding Trade

One of the more novel elements of the Phase One Agreement is the Chapter on "Expanding Trade", in which China has committed to increase purchases of goods and services from the United States during the two-year period from January 1, 2020 through December 31, 2021. During this time, China "shall ensure" that purchases and imports into China from the United States of certain manufactured goods, agricultural goods, energy products, and services identified in Annex 6.1 to the Agreement "exceed the corresponding 2017 baseline amount by no less than $200 billion." The Agreement further establishes purchase targets by product category (for agricultural goods, for example, China must ensure that "no less than $12.5 billion above the corresponding 2017 baseline amount is purchased and imported into China from the United States in calendar year 2020, and no less than $19.5 billion above the corresponding 2017 baseline amount is purchased and imported into China from the United States in calendar year 2021[.]" China's compliance with these commitments will be determined based on "Official Chinese trade data and official U.S. trade data[.]"

Although China's purchase commitments could result in a significant financial windfall for US exporters, they also raise concerns. For example, Article 6.2.5 of the Agreement states that "purchases will be made at market prices based on commercial considerations", but some traders have reportedly questioned whether certain targets (e.g., oil & gas) are feasible given market conditions in China and the United States. Moreover, because the Agreement does not require China to complete the covered transactions in accordance with its WTO obligations, other WTO Members, particularly those with exporters that compete directly with US exporters of the targeted goods, may question whether China's purchase commitments are consistent with WTO rules.

Financial Services

The Financial Services Chapter includes commitments related to banking, credit rating services, electronic payments, and insurance, among other issues. Key provisions of the Chapter include commitments by China to eliminate by April 1, 2020 its foreign equity caps for (1) securities companies, (2) suppliers of life, health, and pension insurance, (3) fund management services, and (4) futures services, and to refrain from imposing certain discriminatory measures in such sectors. Observers have noted that most of these commitments reiterate commitments that China has made (and allegedly violated) in other contexts.


The Chapter on Macroeconomic Policies and Exchange Rate Matters and Transparency includes a commitment by the Parties to "refrain from competitive devaluations and not target exchange rates for competitive purposes, including through large-scale, persistent, one-sided intervention in exchange markets." However, this commitment is largely the same as that agreed by the G-20 in 2016. Other provisions of the Chapter, moreover, are aspirational or merely reaffirm the Parties' commitments under the IMF Articles of Agreement to avoid manipulating exchange rates.

Bilateral Evaluation and Dispute Resolution

Chapter 7 of the Agreement sets forth a "dispute resolution" process that will apply where one Party believes the other Party has not acted in accordance with the Agreement. Unlike most modern trade agreements, the Chapter does not provide for the establishment of independent panels to adjudicate such disputes and authorize any countermeasures. Rather, the Agreement establishes a process of "consultations", whereby the Parties will attempt to resolve the issue through bilateral discussions among officials that will be designated by each Party. If the dispute cannot be resolved by the designated officials, the concerns may be raised to the designated Deputy United States Trade Representative and the designated Vice Minister of China. If the dispute is not resolved at the deputy or vice-ministerial level, the Complaining Party may present the issue to the United States Trade Representative and the designated Vice Premier of China. Once the dispute is raised to this level, the following procedures will apply:

  • If the issue is not resolved at the USTR-Vice Premier level, the Parties "shall engage in expedited consultations on the response to the damages or losses incurred by the Complaining Party." If the Parties reach consensus on a response, the response shall be implemented.
  • If the Parties do not reach consensus on a response, the Complaining Party "may resort to taking action based on facts provided during the consultations, including by suspending an obligation under this Agreement or by adopting a remedial measure in a proportionate way that it considers appropriate with the purpose of preventing the escalation of the situation and maintaining the normal bilateral trade relationship."
  • If the responding Party considers that the action by the complaining Party "was taken in good faith", the responding Party "may not adopt a counter-response, or otherwise challenge such action." If the responding Party considers that the action of the Complaining Party "was taken in bad faith, the remedy is to withdraw from this Agreement by providing written notice of withdrawal to the Complaining Party."

Thus, as expected, the Agreement provides that each Party may unilaterally determine (1) whether the other Party has violated the Agreement; and (2) what measures it will take in response, which include but are not limited to suspending concessions under the Agreement. For example, by authorizing a Party to take "a remedial measure…that it considers appropriate" in response to a perceived violation of the Agreement, the Chapter would appear to permit a Party to impose additional tariffs on products of the other Party, provided that this action is "proportionate" to the violation and the issue is not resolved through consultations. Any US retaliation under the dispute resolution provisions would likely entail such measures, rather than a suspension of US concessions under the Agreement, given that the United States' concessions under the Agreement are limited. In the event that China perceived such an action to be illegitimate, the only response expressly authorized would be withdrawal from the Agreement. However, given the limited nature of the United States' concessions under the Agreement, this structure raises questions as to whether the Agreement itself incentivizes China to comply fully with its commitments, especially over the long-term.

Entry Into Force and Termination

The Agreement will enter into force "within 30 days of signature by both Parties or as of the date on which the Parties have notified each other in writing of the completion of their respective applicable domestic procedures, whichever is sooner." Thus, the Agreement will enter into force by February 14, 2020, at the latest. Either Party may terminate the Agreement by providing written notice of termination to the other Party. The termination will take effect 60 days after the date of such a notice, or on another mutually agreed date.


The signing of the Phase One Agreement is an important development that appears likely to prevent further, significant escalation of the US-China trade dispute, at least for the time being. However, it leaves unaddressed many key "structural issues" that the United States has prioritized, including China's provision of subsidies to its manufacturing sector and its involvement in the economy through state-owned enterprises (SOEs). Both sides have indicated that they are willing to continue negotiations for a "Phase Two" agreement, but it appears unlikely that a second agreement addressing more sensitive issues such as subsidies and SOEs can be concluded quickly, if at all. The Phase One Agreement contains no firm commitments in this regard (stating only that "[t]he Parties will agree upon the timing of further negotiations), and substantive discussions on Phase Two may be delayed while the Parties focus on the implementation of Phase One. It therefore appears likely that the vast majority of the United States' Section 301 tariffs and China's retaliatory tariffs will remain in place for the foreseeable future, as will the existing domestic procedures for tariff exclusions.

The United States also is likely to closely scrutinize China's implementation of the Phase One Agreement, which could lead to disputes and unilateral measures that could re-escalate tensions and potentially result in termination of the Agreement. The text of the Agreement also raises new questions about whether and to what extent China can and will comply with the Agreement over the longer term, as noted above. Thus, while the Phase One Agreement will likely avert further escalation of tariffs in the near future, significant trade restrictions, uncertainty, and the possibility for further escalation will persist over the longer term.

The text of the Phase One Agreement is available here.

[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.

© White & Case LLP | Attorney Advertising

Written by:

White & Case LLP

White & Case LLP on:

Readers' Choice 2017
Reporters on Deadline

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

- hide

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