What's New In Washington - June 2018

by Akin Gump Strauss Hauer & Feld LLP

Akin Gump Strauss Hauer & Feld LLP

Lawmakers have returned from the Memorial Day recess and are facing a packed legislative agenda over the summer. With the announcement this week of a shortened August recess, the Senate will have more time to address nominations, legislation and the annual appropriation bills to fund the federal government beyond the end of the fiscal year (September 30).

House lawmakers are set to begin consideration of a host of bills designed to combat the growing opioid crisis, with the chamber expected to take action on dozens of bills from several committees in the week of June 11. Later in the month, the House may take up other items, including the PROSPER Act, a workforce development bill that also seeks to streamline student financial aid. The House is also set to advance on June 7 a rescissions package rolling back several of the budgetary outlays secured in the Bipartisan Budget Act of 2018 and the subsequent omnibus spending bill that passed in March.

The farm bill continues to be high on the House agenda, but it is still being blocked by an unrelated impasse on immigration between moderate and conservative Republicans. The Senate is expected to act on a bipartisan farm bill later in June, though it could slip into July.

The Senate will continue its slog to confirm President Trump’s nominations, but also will seek to move a number of legislative items, including the National Defense Authorization Act (NDAA), which the House passed in May. The NDAA could be followed by action on reauthorization of the Water Resources Development Act.

Amidst all of this activity, lawmakers will continue their work on the 12 annual appropriations bills to fund the federal government. In order to avoid a massive year-end omnibus appropriations bill, the House and Senate are expected to move a series of mini-omnibus bills, referred to as “minibus” bills, where two or three separate appropriations bills are packaged into a single vehicle. The first of these minibus packages will move in June and is expected to contain Legislative Branch Appropriations, Energy and Water Appropriations, and Military Construction and Veterans Affairs Appropriations. More spending bills are expected to follow that package this summer.

  1. Trump Disrupts Global Status Quo Through Trade and Foreign Policy
    • President Trump Plays Disrupter
    • Trade War Kicks Off with Tariff Retaliation
  2. House Set to Begin Consideration of Opioid Legislation
  3. Challenges and Opportunities in the Telecommunications Market
    • FCC Net Neutrality Decision to Take Effect June 11
    • Spectrum Opportunity for Tribal Lands
  4. Conservatives Eye Renewed ACA Repeal Effort
  5. Rosie O'Donnell's FEC Dilemma Not Uncommon
  6. Slow-Release Waste Regs: EPA Pharmaceutical Rule Coming, Even if Delayed
  7. House and Senate Make Changes to FIRRMA

Trump Disrupts Global Status Quo Through Trade and Foreign Policy

President Trump Plays Disrupter

North Korea

President Trump’s strategy to disrupt the global status quo through trade and foreign policy has reaped tangible benefits with respect to North Korea. Or has it? What does the administration seek to gain from the on and off—and on again—June 12 summit between President Trump and Chairman Kim? Has the United States been down this road before, as many commentators have warned? In the form of a summit, is the administration gifting the Kim regime with the very platform of international legitimacy that it has long sought? It is unlikely that a summit will bring much clarity with respect to these questions.

White House officials have argued that the administration’s harsh sanctions and threat of military force are responsible for setting in motion the circumstances leading to the summit in the first place. Originally, the U.S. called for nothing short of complete, verifiable, irreversible dismantling of North Korea’s nuclear program. However, President Trump’s wording and expectations indicated a certain softening after he met with North Korean envoy Kim Yong Chol at the White house on June 1. At the press conference, President Trump asserted of the sanctions, “[They are] going to remain what [they are] now,” but backtracked on the hallmark of his policy, the so-called “maximum pressure campaign.” He said, “I don’t even want to use the term ‘maximum pressure’ anymore because we’re getting along.” Absent this amped-up leverage, and without the commitment to denuclearization, some fear that June 12 could become a “get-to-know-you” summit, where the President is simply molded by the North Koreans into concessionary positions that have tried—and failed—before.

There is a notable difference, however. If the summit is a flop—and the President wishes to return to sanctions and a policy of maximum pressure—he will likely have to go it alone. Indeed, one reason that sanctions may be having a stronger effect than in the past is that there are greater efforts by China to enforce them. Due to North Korea’s recent charm offensive with its Chinese and South Korean neighbors, however, it is less likely that they will continue to support and sustain such a pressure-filled approach of economic sanctions.


Some have criticized President Trump for being more willing at present to make concessions to North Korea than to Iran, which has no nuclear weapons. Early last month, on May 8, 2018, the President announced that the U.S. would cease its participation in the Joint Comprehensive Plan of Action (JCPOA). The agreement had brought sanctions relief to Iran in exchange for Iran’s compliance with key nuclear-related commitments.

Pursuant to the Treasury Department’s Office of Foreign Assets Control guidance, sanctions will be imposed following either a 90-day or a 180-day wind-down period, depending on the activities subject to sanctions. The FAQs provide guidance with respect to implications on certain specific and general licenses, activities authorized during the wind-down periods and potential future measures.

The decision by the U.S. to reimpose sanctions on Iran that were waived or lifted pursuant to the JCPOA will have far-reaching impact on U.S. and non-U.S. persons that have benefited from sanctions relief over the course of the prior two years. This decision also drastically changes the risk calculus for all companies contemplating new opportunities that potentially intersect with Iran or Iranian parties.

Trade War Kicks Off with Tariff Retaliation

The global trade atmosphere is tense and unpredictable right now, since a trade war is no longer imminent, but active. The U.S. is currently in the middle of the North American Free Trade Agreement (NAFTA) negotiations and issuing tariff applications based on Section 301 and Section 232 investigation outcomes. The tariff actions appear to target U.S. allies, including our NAFTA trading partners, while the proposed $50 billion tariffs with China have momentarily been placed on hold as a series of meetings are held between the two countries.

In addition to this, on May 23, the U.S. Department of Commerce launched another Section 232 investigation into auto imports. The press release argues that the steady increase in reliance of imports of foreign-produced auto parts and the decrease of domestic high-tech manufacturing has weakened the U.S. economy and likens that to a threat to national security. This action ostensibly attacks our allies and partners that have deeply integrated supply chains with the U.S. automotive sector.

On May 31, there was a temporary reprieve from the trade fears as trade ministers of the U.S., Japan and the European Union released a joint statement outlining the concerns of the countries on non-market-oriented policies of third countries. The countries agreed to further cooperate with like-minded partners to address trade-distorting practices, and they issued a statement on forced technology transfers and policies, referencing the use of such practices by State-Owned Enterprises. Such an agreement signals to our trading partners that there is respect and strength in protecting international trade secrets and intellectual property.

This meeting and these statements served as only a temporary win, since the country exemptions on tariffs for steel and aluminum under Section 232 expired at midnight on the same day. On June 1, the U.S. reinstated tariffs on steel on all countries of origin, except Argentina, Australia, Brazil and South Korea. For aluminum, the tariffs have been applied to all countries, except Argentina and Australia. Some of our strongest allies, including the European Union, Canada, Mexico and Japan, which are now all subject to tariffs, have begun to take and/or discuss retaliatory measures against the U.S.

House Set to Begin Consideration of Opioid Legislation

On May 16, the House Ways and Means Committee advanced seven bipartisan bills to address the opioid crisis. The bills make a number of changes to prevent opioid misuse among seniors and to expand access to addiction treatment services. The House Energy and Commerce Committee, meanwhile, has advanced 57 bills to the House floor. The House is expected to begin consideration of opioid legislation the week of June 11. Senate committees are also moving ahead on opioids, though at a slower pace. Following up on the Senate Health, Education, Labor and Pensions Committee’s passage of the Opioid Crisis Response Act (S. 2680), the Judiciary Committee on May 24 advanced legislation to reauthorize the Office of National Drug Control Policy, along with other measures, to crack down on illicit drug trafficking. Members of the Senate Finance Committee have introduced nearly two dozen opioid-related bills in recent weeks, and the Committee is expected to mark up legislation soon.

The administration is also continuing its focus on the opioid crisis. Speaking at the 2018 BIO International Convention, Dr. Janet Woodcock, director of the Food and Drug Administration Center for Drug Evaluation and Research, announced that the agency will soon be issuing new guidances to sponsors of non-opioid pain therapies that may reduce the use of opioids.

Challenges and Opportunities in the Telecommunications Market

FCC Net Neutrality Decision to Take Effect June 11

On June 11, the Federal Communications Commission’s (FCC) Restoring Internet Freedom decision will take effect. In advance of that, Sen. Ed Markey (D-MA) led an effort to stop the order from taking effect using the Congressional Review Act (CRA). The CRA Resolution passed the Senate by a vote of 52-47, with Sens. Susan Collins (R-ME), John N. Kennedy (R-LA) and Lisa A. Murkowski (R-AK) voting with the Democrats. A similar resolution is under way in the House, led by House Energy and Commerce Committee Ranking Member Frank Pallone (D-NJ) and Subcommittee on Communications and Technology Ranking Member Mike Doyle (D-PA). It is highly unlikely to gain sufficient support for passage.

On December 14, 2017, the FCC adopted the Restoring Internet Freedom Order in a 3-2 vote. Over the course of the last five months, the agency has worked to clear the procedural hurdles necessary for the new rules to take effect.

Spectrum Opportunity for Tribal Lands

On May 10, 2018, the FCC released a Notice of Proposed Rulemaking proposing a number of changes to the licensing and regulation of the spectrum currently allocated to the Educational Broadband Service in the 2496-2690 MHz band (2.5 GHz band). In general, the proposals made by the FCC will make the 2.5 GHz band available for use to deliver broadband service.

The item includes a specific proposal for tribal governments to become license holders of the 2.5 GHz spectrum bands over their lands. The proposal seeks comment on opening a filing window in which a tribal government would be permitted to submit an application for a license in the 2.5 GHz band. Importantly, the proposal would allow tribes to seek a license for multiple channels of service in the band, meaning that additional capacity would be available to meet future needs.

Conservatives Eye Renewed ACA Repeal Effort

Recent reports indicate that a group, consisting of conservative think tanks and Republican lawmakers, is set to release a new health reform proposal in June as part of a renewed effort to repeal the Affordable Care Act (ACA). Among its provisions, the plan is expected to block ACA grant funding to states, end the law’s Medicaid expansion and expand health savings accounts. It builds on legislation developed by Sens. Lindsey Graham (R-SC) and Bill Cassidy (R-LA) that failed to pass the Senate last year.

While some Republicans, including Sen. Ron Johnson (R-WI), have already expressed support for the proposal, Majority Leader Mitch McConnell (R-KY) stated that he would return to the issue only if it were clear that the GOP had the votes to pass a repeal bill. In addition, some members have expressed concern that a renewed repeal fight could be a liability for Republicans heading into the midterm elections.

Speculation over ACA repeal comes even as Virginia’s Republican-led legislature voted to expand Medicaid last week. Though the White House opposed the expansion, state lawmakers acknowledged that the administration’s support for work requirements helped to win over Republicans in the state Senate and House of Delegates.

On a related front, President Trump recently highlighted the administration’s health insurance reform initiatives. Speaking at a signing ceremony for “right-to-try” legislation (S. 204) to expand access for critically ill patients to treatments under development, the President indicated that new regulations are forthcoming to encourage the use of association health plans (AHP) and to expand access to short-term, limited-duration (STLD) insurance. The Labor Department released a proposed rule on AHPs in January, and the Department of Health and Human Services issued a proposed rule in February to increase the maximum duration of STLD coverage.

Rosie O’Donnell’s FEC Dilemma Not Uncommon

Under the Federal Election Campaign Act, and subsequent regulations, the current laws limit political contributions by individuals to any one federal candidate to $2,700 per election, which applies separately to primary, runoffs and general elections. However, according to public filings disclosed to the Federal Election Commission (FEC), Rosie O’Donnell, the comedian and actor, made excessive contributions to at least five federal Democratic candidates. For example, Alabama Sen. Doug Jones disclosed $4,700 from O’Donnell in his special general election bid last year, exceeding the legally permissible contribution limit by $2,000.

Responding to this news, O’Donnell stated that she assumed that ActBlue—an online political contribution platform popular among Democrats—limits donations to the max allowed and that she “just donate[d] assuming they do not accept what is over the limit.” O’Donnell was not necessarily wrong to believe that campaigns are legally required to abide by contribution limits—which they are—but donors, too, are legally liable for excessive contributions. With the 2018 midterms approaching, and many primary elections already passed, O’Donnell’s dilemma illustrates the importance of personal and corporate due diligence with regard to political activity, especially for campaign contributions.

If you are making political contributions, whether on the federal, state or local level, you should keep an internal record of all your donations, retain receipts of checks or online contributions, and take note of certain unique campaign finance rules. For example, prior to a candidate’s primary and general election, the max contribution is $5,400 ($2,700 per election), but, once the primary passes, the max is only $2,700. Most people know that U.S. senators are elected once every six years, and members of Congress once every two years. Do not forget that the limits “reset” every two years for members of Congress and only once every six years for senators.

Slow-Release Waste Regs: EPA Pharmaceutical Rule Coming, Even if Delayed

In its recent Spring 2018 Regulatory Agenda, the U.S. Environmental Protection Agency (EPA) delayed until October 2018 the expected publication of its final rule on Management Standards for Hazardous Waste Pharmaceuticals. Originally slated for a July 2018 promulgation, the rule, when finally imposed, may impact significantly how hospitals, pharmacies, reverse distributors and other health care-related facilities treat pharmaceutical waste.

Specifically, the rule (originally published in the Federal Register on September 25, 2015) will impose new waste determination requirements. Under the old system, hospitals and other health care facilities could send unused pharmaceuticals to a “reverse distributor,” who would decide whether or not they could be sold or reused for manufacturer credit. As a result, the pharmaceuticals were not wastes, per se, until and unless the reverse distributor so determined. Under the coming rule, once a decision is made to send a pharmaceutical to a reverse distributor, it is deemed a solid waste, subjecting the health care facility itself to the management and reporting provisions of the Resource Conservation and Recovery Act. Additionally, the rule imposes restrictions on the “flushing” of pharmaceuticals and on pharmaceutical waste at long-term care facilities.

The news is not all bad for health care facilities. Several of the proposed pharmaceutical waste provisions are deregulatory: health care facilities are able to adopt more flexible training requirements, labeling standards and accumulation time limits for pharmaceutical waste. Additionally, generators of pharmaceutical waste are no longer required to count hazardous waste pharmaceuticals in determining their status as a waste generator. Still, and despite the brief respite, now is the time for health care facilities to undertake final compliance preparations.

House and Senate Make Changes to FIRRMA

On May 22 and May 24, respectively, the Senate Banking Committee and the House Financial Services Committee held markups of the Foreign Investment Risk Review Modernization Act (FIRRMA). They passed in similar, but, importantly, varying forms in each chamber. The bills modernize the Committee on Foreign Investment in the United States (CFIUS), an interagency committee tasked with reviewing foreign investment resulting from mergers, acquisitions and other transactions in order to protect national security.

One of the Senate Banking Committee’s most significant changes to the bill was its removal of language giving CFIUS authority to review joint ventures between U.S. and foreign companies. This language would have broadened CFIUS’s jurisdiction beyond its current scope, which focuses on inbound foreign investment, to also include outbound foreign investment, particularly when joint ventures result in U.S. companies sharing technology with their foreign partners. The removal of the outbound language effectively leaves joint ventures and any resulting technology transfer under the jurisdiction of export controls. The bill considered by the House Financial Services Committee also did not contain language extending CFIUS’s authority to cover joint ventures and thus leaves outbound investment under the jurisdiction of export controls. The House committee did, however, approve language in FIRRMA modernizing and reforming the current export control regime.

Several differences remain between the House and Senate versions of FIRRMA. However, FIRRMA has been added to the Senate’s version of the FY19 National Defense Authorization Act (NDAA), while the House already passed the NDAA without FIRRMA attached. Debate on the NDAA began on Wednesday, June 6, in the Senate, and both the House and the Senate will ultimately have to complete a conference committee and pass identical versions of the legislation through their respective chambers before the bill can be signed into law by President Trump.

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

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.