What’s New in Washington - November 2017

by Akin Gump Strauss Hauer & Feld LLP
Contact

Akin Gump Strauss Hauer & Feld LLP

Congress continues its heavy workload with the Thanksgiving recess roughly three weeks away. On October 26, the House passed the Senate’s Fiscal Year 2018 budget resolution by the slim margin of 216-212—opening the door for Republicans to pursue President Trump’s top priority of tax reform with a simple majority under budget reconciliation. House Republicans released their long-awaited tax reform plan this week and are scheduled to mark up the legislation next week in the House Ways and Means Committee. Senate Republicans are expected to release their package in the middle of next week (week of November 6) and mark up their bill in the Senate Finance Committee during the week of November 13. President Trump is urging the House and Senate to put tax reform on his desk by the end of the year.

Tax reform debate has continued simultaneously along with efforts to provide disaster relief and stabilize health care markets. On October 26, President Trump signed a $36.5 billion emergency aid measure to refill disaster accounts and bail out the federal flood insurance program. The funds in the bill are intended to aid not only Florida, Texas and Puerto Rico after devastating hurricanes, but western states that have suffered from massive wildfires as well. Since damage is still being assessed, it is expected that Congress will be pressed to provide further disaster aid. Additionally, the Bipartisan Health Care Stabilization Act of 2017 authored by Sens. Lamar Alexander (R-TN) and Patty Murray (D-WA) has continued to gain traction in the wake of a more favorable Congressional Budget Office (CBO) score than previously proposed health care bills.

Here are a few things that we believe are worth focusing on since our last issue: 

Tax Reform Begins in Earnest

On November 2, 2017, the House Ways and Means Committee released its much-anticipated plan for reforming the tax code for businesses and individuals, entitled the Tax Cuts and Jobs Act of 2017 (TCJA). The bill marks the beginning of what Republican leaders hope will be a speedy and successful race to enactment by the end of 2017. The plan makes significant changes to all aspects of the corporate, pass-through, international and individual sections of the tax code.

A link to Akin Gump Strauss Hauer & Feld LLP’s analysis of TCJA is available here and again at the end of this section. The analysis includes key highlights; descriptions of the plan’s treatment of corporate, pass-through, international and individual portions of the tax code; and a chart comparing the new proposal to other recent Republican tax proposals, including former Committee Chairman Dave Camp’s H.R. 1.

Key highlights of the plan include:

  • Corporate and Pass-Through:
    • corporate tax rate of 20 percent
    • pass-through rate of 25 percent on 30 percent of income designated as business income, with the remaining 70 percent taxed at individual rates as compensation income
    • five-year period of immediate and full expensing of depreciable assets
    • a limit on deductibility of net interest expense in excess of 30 percent of pretax earnings, with carveouts for small businesses (under $25 million), regulated public utilities, and real property trade and business
      • no grandfather for existing debt.
  • International:
    • shift from a worldwide system of taxation to a territorial system whereby U.S.-based companies are exempt from U.S. tax on profits earned overseas
    • provisions intended to prevent base erosion, including a global minimum tax and a new excise tax on certain related-party payments
    • one-time transition tax on deferred income of foreign affiliates (aka deemed repatriation), with a bifurcated rate of 12 percent for cash and cash equivalents and a 5 percent rate on illiquid assets.
  • Individual:
    • consolidation of the current seven tax brackets into four at 12, 25, 35 and 39.6 percent
    • doubled standard deduction ($12,000 for individual, $24,000 joint)
    • mortgage interest deductibility capped at $500,000 for new homes, up to $10,000 for property tax deduction; eliminates deductibility of other state and local taxes.

The Ways and Means Committee is scheduled to begin its markup of the legislation on Monday, November 6, at noon. The markup is expected to consume the balance of the week, with a built-in deadline of finishing by Thursday, November 9, with Veterans Day observed on Friday, November 10. While this would require a quick turnaround post-markup, Speaker Ryan has said that he plans to put the bill on the House floor for a vote the week of November 13.

The Senate Finance Committee is working to finish its version of tax reform. Finance could unveil its plan as early as November 8, with a markup planned for the week of November 13. Senate Majority Leader Mitch McConnell (R-KY) told senators that they may be in session the week of Thanksgiving for a possible Senate floor vote on the bill.

A link to the Akin Gump analysis of TCJA can be found here and reflects changes from Chairman Brady’s substitute amendment released today, which primarily made technical changes.

Treasury Releases Two More Reports on the Financial Services System

On February 3, 2017, President Trump signed an Executive Order (EO) setting out a series of core principles for financial sector regulation. The EO directed the Treasury to review existing laws to determine how closely they promote the stated core principles. The Treasury delivered its first mandated report focused on the depository system on June 12.

In October, the Treasury released two additional reports on the financial system that analyzed capital markets and asset management and insurance markets. In the first report, the Treasury noted the importance of sound capital markets as a source of liquidity for American businesses and, among the recommendations included in the report, suggested:

  • streamlining disclosure requirements and tailoring those requirements to the size of the companies going public
  • harmonizing regulations between the Securities and Exchange Commission and the Commodity Futures Trading Commission
  • allowing for more public input into the rulemaking process, as well as more robust economic analysis of proposed rules
  • adopting rules allowing for pooled investments in private and less-liquid offerings
  • repealing Dodd-Frank provisions governing disclosure requirements related to conflict minerals, mine safety, resource extraction and executive compensation.

The report on asset management and insurance markets focused on four key areas: evaluation of systemic risk, effective regulation, engagement in international regulatory forums, and support of economic growth and consumer choice. Among other suggestions, the report recommended:

  • permitting an activities-based analysis of systemic risk of asset management and insurance companies
  • promoting the U.S. regulatory framework for asset management and insurance in international forums
  • fostering improved coordination among the Federal Insurance Office and state insurance regulatory authorities
  • encouraging sound liquidity risk management programs used by asset managers and insurance companies
  • delaying the implementation of the fiduciary rule pending further analysis by federal regulatory agencies and the states
  • expanding consumer choice by permitting employer-sponsored retirement plans to utilize annuities as an investment choice.

Looking forward, the Treasury is expected to release a fourth report containing reform recommendations for nonbank financial institutions. Moreover, the Treasury is due to release two additional reports targeting specific aspects of the financial system instituted by the passage of Dodd-Frank. On April 21, the White House released two presidential memoranda expanding on the February 3 EO. The documents directed the Treasury to review specific portions of Dodd-Frank. The first directed Treasury Secretary Steven Mnuchin to review the Financial Stability Oversight Council’s (the “Council”) authority to designate banks and nonbank financial firms as systemically important, with particular emphasis on the process the Council uses in its determinations. The second memorandum called for a review of the government’s orderly liquidation authority by which the Federal Deposit Insurance Corporation is able to carry out liquidation and wind down financial institutions. The memoranda ordered the Treasury to report its findings by mid-October, a deadline which the Treasury missed. It is unclear when Treasury officials will release those additional reports.

Legislative Changes Proposed to Foreign Investment Review Process

CFIUS Reform Bill

Sen. John Cornyn (R-TX) and Rep. Robert Pittenger (R-NC) are set to introduce identical bills that would dramatically expand the purview of the Committee on Foreign Investment in the United States (CFIUS). The draft legislation, which arises in the context of increased scrutiny of Chinese investments in high-tech industries, is expected to receive Trump administration approval and have bipartisan sponsorship.

The draft legislation calls for an expanded definition of “covered transactions” to capture certain noncontrolling investments and joint ventures, including transactions dealing with “critical technologies” and “critical infrastructure.” Additionally, the bill would require parties to certain transactions to file short-form notices (dubbed “declarations”) with CFIUS prior to closing. It also introduces filing fee requirements and extends the timeline for CFIUS review, among a variety of other modifications to the CFIUS regime.

Proposed Economic Review of Foreign Investment

Sens. Chuck Grassley (R-IA) and Sherrod Brown (D-OH) have floated legislation that would allow the U.S. government to screen incoming investment for its effect on domestic industry and the U.S. economy. While CFIUS currently screens foreign direct investment for national security concerns, no process exists to weigh the economic impact of investments. The senators claim that their proposed bill would better align the United States’ screening mechanism with those of Europe, Canada, Australia and China.

The bill would require parties to a “covered transaction” to submit written notification to the Secretary of Commerce, who would have 15 days to approve or notify the parties that more time is needed to complete the review. After further review, the Secretary can decide to approve, prohibit or require modifications of the transaction. The bill defines a covered transaction as any merger or acquisition or greenfield investment that would result in foreign control of a business engaged in interstate commerce worth at least $1 billion or would result in foreign state-owned enterprise control of a U.S. business worth more than $50 million. The legislation would also authorize the chair and ranking member of the Senate Finance Committee or House Ways and Means Committee to request that the Secretary of Commerce review a foreign investment of any size.

International Trade Dialogues Expected to Intensify in November

Trump’s Trip to Asia

President Trump will make his first visit to Asia as U.S. leader on November 3-13, 2017. He will arrive in Japan on November 5, the Republic of Korea on November 7, China on November 8, Vietnam on November 10 and the Philippines on November 12. In Vietnam, the President will participate in the Asia-Pacific Economic Cooperation (APEC) Economic Leaders’ Meeting and deliver a speech at the APEC CEO Summit. In the Philippines, he will celebrate the 40th anniversary of U.S.-Association of Southeast Asian Nations (ASEAN) relations at the U.S.-ASEAN Summit and participate in bilateral meetings. While the trip was originally supposed to extend until November 14, it has been announced that the President will skip the gala celebration dinner for the 50th anniversary of the ASEAN and return to the United States early.

Accompanying the President will be Secretary of State Rex Tillerson, Commerce Secretary Wilbur Ross, Treasury Secretary Mnuchin, United States Trade Representative (USTR) Robert Lighthizer, National Security Advisor H.R. McMaster and senior policy advisor Stephen Miller. With respect to trade, USTR Lighthizer is expected to meet with his counterpart, Korean Trade Minister Kim Hyun-chong, to continue discussions on the U.S.-Korea Free Trade Agreement (KORUS), as well as participate in the APEC meeting in Vietnam.

Also with respect to trade, a high-profile focus of the trip will be trade relations with China, since they have been tense this year with Sections 232 investigations on steel and aluminum and Section 301 investigation on Chinese acts, policies and practices on intellectual property, technology transfer and innovation. On October 26, the U.S. Department of Commerce issued a memo on maintaining China’s nonmarket economy status and issued preliminary determinations on dumping various goods, such as aluminum foil.

NAFTA

At the end of the last round of negotiations, it was announced in a joint statement that the next round will take place in Mexico City from November 17-21, a departure from the pace of meeting every three weeks in previous rounds. It was also indicated that the negotiations would extend through the first quarter of 2018. USTR Lighthizer said in his closing statement that he was surprised to meet resistance from the trading partners and accused them of being “difficult.” Mexico and Canada have labeled the United States’ proposed provisions as obstructionist and have expressed concerns that the United States may be proposing extreme demands and provisions with one-sided benefits to give the administration reason to withdraw from the agreement.

Senate Finance Committee Releases Draft Medicare Extenders Bill

On October 26, bipartisan leaders of the Senate Finance Committee circulated a discussion draft of legislation that would extend a number of expiring Medicare payment programs. Among other provisions, the draft legislation:

  • extends the low-volume inpatient hospital adjustment through fiscal year 2022; starting in fiscal year 2018, the pay adjustment would be based on total discharges rather than just Medicare beneficiaries
  • extends the Medicare Dependent Hospital program through fiscal year 2022; the draft would require the Government Accountability Office (GAO) to conduct a study on the program
  • extends the add-on payments for all ground-ambulance services and the super-rural ambulance add-on payments through fiscal year 2022; the discussion draft also requires the Department of Health and Human Services to develop a data collection system to collect cost, revenue, utilization and other information
  • permanently repeals the therapy caps beginning January 1, 2018, and would continue to require an appropriate modifier on claims over the current exception threshold
  • extends the current 1.0 physician work Geographic Practice Expense Index (GPCI) floor through 2019 and requires the GAO to assess the appropriateness of the current method for calculating the work GPCI adjustment
  • extends the home health rural add-on, increasing it from 3 percent to 4 percent for counties with a population density of six or fewer individuals per square mile; the add-on would then be phased down to 1 percent by 2022.

The Finance Committee noted that an extension of Medicare Advantage Special Needs Plans (SNP) was not included in the draft because the CHRONIC Care Act (S. 870), which the Senate passed in late September, included a permanent extension of SNPs. Offsets for the extenders are still under discussion, but the final package is expected to be fully paid for. The extenders are likely to move as part of a year-end deal in December and may be paired with Children’s Health Insurance Program reauthorization legislation.

It is unclear whether a year-end package will include any of the market stabilization proposals that are currently under consideration in Congress. A CBO estimate of the Alexander-Murray proposal, which would extend cost-sharing reduction (CSR) payments for two years and provide additional state waiver flexibility, indicated that the CBO would reduce the federal deficit by $3.8 billion over a decade. The White House and House Republican leadership have expressed dissatisfaction with the plan, however, prompting House Ways and Means Committee Chairman Kevin Brady (R-TX) and Senate Finance Committee Chairman Orrin Hatch (R-UT) to announce an alternative proposal that would pair a CSR extension with relief from the Affordable Care Act’s individual and employer mandates. At present, however, it appears that the Hatch-Brady plan lacks the 60 votes necessary to pass the Senate.

Department of Transportation Launches New UAS Pilot Program

On Thursday, the Department of Transportation (DOT) held a briefing at their Washington headquarters to launch the Unmanned Aerial Systems (UAS) Integration Pilot Program (the “Pilot”). The launch follows a presidential memorandum issued last week, directing the DOT to create the Pilot. During the launch briefing, Earl Lawrence, Director of the Federal Aviation Administration’s (FAA) UAS Integration Office, discussed the Pilot application process, described in more detail in this Federal Register notice. The FAA also launched a website for the Pilot, which can be found here

Applications for the Pilot will be administered through the FAA’s contracting process. There is a strict timeline beginning on November 8, when the Federal Register Notice is set to be published: 

  • “Lead Applicants”—state, local, or tribal governments (the list is more expansive), wanting to test UAS integration in their local airspace—will have 20 days (until November 28) to submit a notice of intent to participate in the Pilot by emailing the FAA. Eligible applicants will thereafter be invited to submit applications through the FAA portal. The DOT is encouraging jurisdictions to submit notices of intent even if they do not yet have firm plans for partnering or testing. Lead applicants are limited to one application.
  • “Interested Parties”—public or private entities wishing to participate in a Pilot—can request inclusion on the FAA’s “Interested Party List” within 35 days (December 13). The Interested Party List is designed to facilitate partnerships in a central repository for those seeking to join a Pilot. Earl Lawrence noted in the briefing that the Interested Party List is merely one way to engage with a Lead Applicant, and encouraged other methods of forming partnerships. Interested Parties may be included in multiple applications.
  • Lead Applicants will have 57 days to complete their applications, but just 35 days to complete the first two parts of the application, including a “concept overview” of the proposed Pilot.
  • The rest of the application must be submitted within 57 days, by January 4, including, but not limited to, information about the airspace to be accessed, the concept of operations, the team members and the needed infrastructure.
  • The DOT may select among completed applications on a rolling basis. Once selected, Lead Applicants will have until May 7, 2018 (180 days), to enter into a Memorandum of Agreement with the FAA.

The full timeline and contracting requirements are available in the screening information request on the FAA’s contracting website. 

At Thursday’s launch event, participants heard from a range of UAS stakeholders and government representatives. FAA Administrator Michael Huerta emphasized the importance of collaboration and finding the appropriate roles for federal, state, and local government and industry. He said that the Pilot provides an opportunity to test and evaluate these roles. FAA Deputy Administrator Dan Elwell remarked that, in traditional aviation, everyone knows where the airport is, but, with drones, entire cities could become an airport. “The Pilot Program will provide the opportunity to test out different models for integrating drones in local airspace,” he said. Secretary Elaine Chao championed the program as a means to “allow local communities to experiment with new technologies…on terms that work for them and support a unified and safe airspace.” She said that the current restrictions on BVLOS operations, nighttime operations and flights over people are “about to change.” “The data collected by the program will create the path forward for the safe integration of UAS,” the Secretary explained. Dr. Jaiwon Shin, the NASA Associate Administrator for the Aeronautics Research Mission Directorate, shared during an Urban Air Mobility meeting yesterday in San Carlos that one of the big benefits of the Pilot is that companies such as Amazon and Google, which are innovating in this space, will now be able to bring some of their UAS field trials back home.

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.

© Akin Gump Strauss Hauer & Feld LLP | Attorney Advertising

Written by:

Akin Gump Strauss Hauer & Feld LLP
Contact
more
less

Akin Gump Strauss Hauer & Feld 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.