US, UK Enter Into ‘Covered Agreement’ on Reciprocity in Insurance Regulation

by Kramer Levin Naftalis & Frankel LLP
Contact

Kramer Levin Naftalis & Frankel LLP

On Dec. 18, 2018, the Trump Administration signed a bilateral agreement on prudential insurance matters between the United States and the United Kingdom (the U.S.-U.K. Covered Agreement). This is a Brexit-friendly, U.K.-only version of the covered agreement signed with the European Union in September 2017, which entered into force on April 4, 2018. The U.S.-U.K. Covered Agreement is designed to apply if, as expected, Brexit becomes effective, and the agreement comes at a time fraught with uncertainty over Brexit and its potential impact for the global financial services sector.

The final text of the U.S.-U.K. Covered Agreement was submitted by the Administration to Congress, as required by law, on Dec. 11, 2018. Congress has 90 days from such date to act on the accord.

By way of background, Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act authorizes the Secretary of the Treasury and the United States Trade Representative to jointly negotiate a covered agreement with one or more foreign governments, authorities or regulatory entities with respect to the regulation of insurance markets and mutual recognition of insurance regulatory measures. Generally, both the U.S.-EU and U.S.-U.K. covered agreements will, subject to an implementation process (described below), impose reciprocity — as between a U.S. state on the one hand and the non-U.S. party on the other — in three areas of insurance regulation: reinsurance, group supervision and exchange of information between regulators’ jurisdictions.

The U.S.-U.K. Covered Agreement is substantially similar to the U.S.-EU accord, with differences mainly in procedural provisions such as effectiveness dates. Whereas the latter has entered into effect, the U.S.-U.K. Covered Agreement will enter into effect only after further exchanges between the parties, which can be expected to take account of any obligations of the U.K. under post-Brexit arrangements with the EU.

The Three Substantive Areas

Reinsurance. Subject to certain conditions, the U.S.-U.K. Covered Agreement prevents each of the United States and the U.K. (each referred to as a “party”) from requiring a reinsurer domiciled in the other to post collateral as a condition to (i) being permitted to enter into reinsurance agreements with a ceding company domiciled in the first party or (ii) the ceding company’s ability to take balance sheet credit for such reinsurance, where such requirement would result in less favorable treatment of such reinsurer than that of assuming reinsurers that have their head offices or are domiciled in the first party. In addition, a party where a ceding insurer is domiciled may not, as a condition of entering into a reinsurance agreement or as a condition to allowing the ceding insurer to recognize credit, require the reinsurer of the other party to maintain local presence in the first party where such requirement would result in less favorable treatment for such reinsurer. 

These requirements are subject to the assuming reinsurer’s:

  • Maintaining, on an ongoing basis, at least €226 million (where the ceding company is in the U.K.) or $250 million (where the ceding company is domiciled in the United States) of own funds or capital and surplus
  • Maintaining a solvency ratio of 100 percent SCR under Solvency II or an RBC of 300 percent Authorized Control Level, as applicable in the territory in which the assuming reinsurer has its head office or is domiciled (which must be confirmed by the party where the reinsurer is domiciled on an annual basis)
  • Agreeing to provide prompt written notice and explanation to the regulator in the territory of the ceding insurer if:
  • It falls below such minimum own funds or capital and surplus, as applicable, or the solvency or capital ratio, as applicable
  • Any regulatory action is taken against it for “serious noncompliance” with applicable law
  • Consenting to the jurisdiction of the courts of the ceding insurer’s territory
  • Consenting to the appointment of the ceding insurer’s domiciliary regulator as its agent for service of process where applicable
  • Consenting to pay all final judgments obtained by a ceding insurer that have been declared enforceable in the territory where the judgment was obtained
  • Agreeing in each reinsurance agreement that it will provide collateral for 100 percent of its reinsurance liabilities if it resists enforcement of a final and enforceable judgment
  • Agreeing to provide certain documentation (e.g., audited financials, actuarial opinions, schedule of reinsurance recoverables) to the host regulator, if requested
  • Maintaining a practice of prompt payment of claims under reinsurance agreements
  • Confirming that it is not presently participating in any solvent scheme of arrangement and agreeing to provide 100 percent collateral consistent with the terms of the scheme should the assuming reinsurer enter into such an arrangement

In addition, if subject to resolution, receivership or winding-up proceedings, the ceding insurer may seek an order requiring that the assuming reinsurer post collateral for all outstanding ceded liabilities.

Each party is required to observe a specified notification procedure, which includes an opportunity for a cure period, where a reinsurer in its jurisdiction no longer satisfies any of the above conditions.

The U.S.-U.K. Covered Agreement applies only to reinsurance agreements entered into, amended or renewed on or after the date on which a measure that reduces collateral requirements takes effect, either pursuant to the U.S.-U.K. Covered Agreement or the U.S.-EU Covered Agreement, and only with respect to losses incurred and reserves reported from and after the later of (i) the date of the measure or (ii) the effective date of such new reinsurance agreement, amendment or renewal.

Prudential Group Supervision. The U.S.-U.K. Covered Agreement stipulates that, subject to participation in supervisory colleges as well as other exceptions described in the Agreement, an insurance or reinsurance group is subject to worldwide prudential insurance group supervision only by its “home” supervisory authorities (determined based on the jurisdiction of a group’s worldwide parent entity) and is not subject to group supervision at the parent level by any “host” (any other jurisdiction where the group conducts operations).

However, the U.S.-U.K. Covered Agreement makes clear that the host supervisor may exercise group supervision at the level of the “parent undertaking in its territory.”

The U.S.-U.K. Covered Agreement provides certain specified exceptions where a “host” supervisor may exercise some level of group supervision. Some of the exceptions appear intended to be linked to others, while some appear disjunctive from any other, although the exact interplay among these exceptions seems imprecisely laid out. The exceptions include the following:

  • Where a worldwide risk management system, as evidenced by the submission of a worldwide group Own Risk and Solvency Assessment (ORSA), is applicable to a home party insurance or reinsurance group, and the home regulator that requires the ORSA provides a summary of the worldwide group ORSA:
  • To the host supervisory authorities, if they are members of the group’s supervisory college, without delay
  • To the supervisory authorities of significant subsidiaries or branches of that group in the host party, at the request of those supervisory authorities
  • Where no such worldwide group ORSA is applicable to a home party group, and the relevant U.S. state or U.K. regulator provides equivalent documentation which is prepared consistent with the two sub-bullets immediately above.
  • The summary of the worldwide group ORSA (or equivalent documentation) includes the following elements:
  • A description of the insurance or reinsurance group’s risk management framework
  • An assessment of the group’s risk exposure, and a group assessment of risk capital and a prospective solvency assessment
  • If the summary of the worldwide group ORSA (or equivalent documentation) exposes any serious threat to policyholder protection or financial stability in the host jurisdiction, that host regulator may impose “preventive, corrective or otherwise responsive measures” after consulting with the relevant home regulator.
  • Prudential insurance group supervision reporting requirements in the territory of the host party do not apply at the level of the worldwide parent entity of the insurance or reinsurance group unless they “directly relate to the risk of a serious impact on the ability of undertakings within the insurance or reinsurance group to pay claims in the territory of the host party.”
  • A host regulator retains the ability to request and obtain information from an insurer or reinsurer pursuing activities in its territory, whose worldwide parent entity has its head office in the territory of the home party, “where such information is deemed necessary by the host supervisory authority to protect against serious harm to policyholders or serious threat to financial stability or a serious impact on the ability of an insurer or reinsurer to pay its claims” in the host jurisdiction; the host regulator “avoids burdensome and duplicative requests.”
  • With respect to group to a home party insurance or reinsurance group with operations in the host party and that is subject to a group capital assessment in the home party that fulfills the following conditions:
  • The group capital assessment includes a worldwide group capital calculation capturing risk at the level of the entire group, including the worldwide parent, which may affect the insurance or reinsurance operations and activities occurring in the territory of the other party
  • The regulator applying the group capital assessment has the authority to impose preventive, corrective or otherwise responsive measures on the basis of the assessment, including “capital measures,” and the host regulator does not impose a group capital assessment or requirement at the level of the worldwide parent
  • Where a home party insurer or reinsurer is subject to a group capital requirement in the territory of the home party, the host regulator does not impose a group capital requirement or assessment at the level of the worldwide parent

The U.S.-U.K. Covered Agreement clarifies that, notwithstanding the group supervision limitations and restrictions discussed above, such restrictions are not intended to limit or restrict the ability of U.K. or U.S. regulators to exercise authority over entities or groups that own or control credit or depository institutions, or have banking operations, in the U.K. or United States, as applicable, or whose material financial distress or the nature, scope, size, scale, concentration, interconnectedness or mix of activities has been determined to possibly pose a threat to the financial stability of the United States.

Exchange of Information and “Entry Into Force”. The U.S.-U.K. Covered Agreement includes as an annex a nonbinding model memorandum of understanding (MOU) for supervisory authorities in the United States and U.K., pursuant to which such parties should exchange information. The MOU includes best practices for time, manner and content of information requests and responses, including standards for the confidential treatment of the information. The U.S.-U.K. Covered Agreement explicitly states that the MOU does not address requirements that may apply to the exchange of personal data by supervisory authorities.

A joint committee is established between the two parties to provide a forum for consultation. The parties must consult within the joint committee within 90 days after the date on which the Agreement “enters into force,” which is then defined as the date of the “latter notification in an exchange of written notifications” certifying completion with internal requirements or “such other date as the parties shall agree.”

Implementation of the U.S.-U.K. Covered Agreement

From the date of entry into force:

  • The parties are required to encourage relevant authorities to refrain from taking any measures that are inconsistent with any of its conditions or obligations; this may include, as appropriate, “exchanges of letters between relevant authorities” on such matters.
  • The parties must take all measures, as appropriate, to implement and apply the Agreement as soon as possible in accordance with the “application” provisions described below.
  • The United States must encourage each state to promptly adopt the following measures:
  • The reduction, in each year following Nov. 7, 2017, of the amount of collateral required by each state to allow full credit for reinsurance by 20 percent of the collateral that the state required as of Jan. 1, 2017
  • The implementation of relevant state credit for reinsurance laws and regulations consistent with the reinsurance provisions, as the method for adopting measures in conformity with the collateral prohibitions

Provided that the Agreement has entered into force, on a date no later than the first day of the month that is:

  • Forty-two months after Sept. 22, 2017, the United States must begin evaluating a potential pre-emption determination under its laws and regulations with respect to any state insurance measure that the United States determines is inconsistent with the Agreement and results in less favorable treatment of a U.K. insurer or reinsurer than that of a U.S. insurer or reinsurer licensed in that state.
  • Sixty months after Sept. 22, 2017, the United States must complete any necessary pre-emption determination

The U.S.-U.K. Covered Agreement “applies” on the later of:

  • The date of “entry into force” as described above
  • The date that is 60 months from Sept. 22, 2017

However, the U.S.-U.K. Covered Agreement also contemplates that each party will apply the group supervision provisions from the date of entry into force.

In addition, the U.S.-U.K. Covered Agreement provides that certain requirements, in order to be applicable to a party, are dependent on the other party’s observing certain other specified requirements (the Cross Conditions). Specifically, on the later of the date of “entry into force” and the date that is 60 months from the date the U.S.-U.K. Covered Agreement was signed:

  • A party’s obligation not to impose collateral requirements for a cedent in its territory and the obligations described under “Implementation of the Covered Agreement” above are applicable only for so long as the other party is observing the group supervision requirement and the local presence requirement described above.
  • The group supervision requirement and local presence requirement are applicable only for so long as the other party is observing the mandate not to impose collateral requirements.
  • The local presence requirement is applicable only for so long as the other party is observing the group supervision requirement and the obligation not to impose collateral requirements.

Either party may, upon “accelerated mandatory consultation,” terminate where a party applies measures outside its territory in the event of a systemically important insurer.

The US-UK Covered Agreement also makes certain of its provisions dependent on compliance by U.S. states or determinations of pre-emption of state measures (the State Compliance Conditions). Specifically, from the date of entry into force until Sept. 22, 2022, the obligation not to impose collateral requirements on reinsurance will apply with respect to a UK reinsurer in a U.S. state on the earlier of:

  • Adoption by such U.S. state of a measure consistent with such requirement
  • The effective date of any determination by the United States that such U.S. state measure is pre-empted because it is inconsistent with the Agreement and results in less favorable treatment of a UK insurer or reinsurer than that of a U.S. insurer or reinsurer licensed in that state.

From the date of entry into force until Nov. 7, 2022, the U.K. may not impose a group capital requirement at the level of the worldwide parent with regard to a U.S. insurance or reinsurance group with operations in the U.K.

From the date of entry into force until Sept. 22, 2022, if a party does not meet the local presence requirements, the supervisory authorities of the other party may, after mandatory consultation, impose a group capital assessment or group capital requirement at the level of the worldwide parent on an insurance or reinsurance group which has its head office or is domiciled in the other party.

The local presence requirement must be implemented and applicable in the territory of the U.K. no later than 24 months from Sept. 22, 2017, provided that the Agreement has entered into force.

Subject to the Cross Conditions and the State Compliance Conditions, the collateral requirements must be implemented and fully applicable in all of the territory of both parties no later than 60 months from Sept. 22, 2017, provided that the Agreement has entered into force.

From the date of entry into force, the provisions (i) establishing a joint committee of the parties, (ii) relating to termination and mandatory consultation, and (iii) relating to amendment become applicable.

[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.

© Kramer Levin Naftalis & Frankel LLP | Attorney Advertising

Written by:

Kramer Levin Naftalis & Frankel LLP
Contact
more
less

Kramer Levin Naftalis & Frankel 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.