No Brainer: Summary Judgment Based on Unfounded Unduly Improperly | McDermott Will & Emery

No Brainer: Summary Judgment Based on Unfounded Unduly Improperly | McDermott Will & Emery

Updated: 25 May, 2018:

JD Supra is a legal publishing service linking experts and their subjects to a wider audience of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC (")" tJD Supra"or"we, ""with us, "or"our") collect, use and share personal data collected from visitors to our website (located at (our"Website") only looks at publicly available content as well as subscribers to our services (such as our e-mail or author tools) (our"ServicesBy using our Website and registering for one of our Services, you agree to the terms of this Privacy Policy.

Please note that if you are subscribing 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" program ( available if you are logged into your JD Supra account).

Information Collection

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

  • Email
  • Name
  • Surname
  • Name of Company
  • Companies Industry
  • Title
  • Country

Other InformationWe also collect other information that you can voluntarily provide. This may include material that you provide for publication. You may receive your communication with others through our Website and Services (such as contact via our Website) or by contacting us directly (for example by email, feedback or other forms or social media). If you are a subscribed user, we will collect your user preferences, for example the types of goods you want to read.

Information from third parties (for example, from your employer or from LinkedIn)We may also obtain information about you from third party sources. For example, your employer can provide your information to us, for example in the case of an article that your employer has submitted for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we collect information relating to your LinkedIn account and to your profile.

Your interactions with our Website and ServicesAs with most websites, we collect certain information automatically. This information includes IP addresses, browser type, internet service provider (ISP), referral / departure pages, operating system, date / time stamp and click stream data. We use this information to analyze trends, administer the Website and our Services, to improve the content and performance of our Website and Services, and to track user movements around the site. We can automatically link these collected data to personal information, for example, to inform authors about who read their articles. Some of this data is collected by 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 can 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 primarily to provide our Website and Services. Specifically, we can use your personal information to:

  • Operate our Website and Services and publish content;
  • Distributing material to your preferences as well as providing you with other notifications (for example, updates on our policies and terms);
  • Measurement of readers and use of Websites and Services;
  • Communicate with you about your queries and requests;
  • Authenticate users and provide for the safety and security of our Website and Services;
  • Carry out research activities and similar activities to improve our Website and Services; and
  • Adhere to our legal and regulatory responsibilities and enforce our rights.

How is your information shared?

  • Other public content and information (such as an author's profile) is shared on our Website and Services, including three email briefings 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, that communication may be shared accordingly.
  • Reading law and content authors are provided with reading information to give them an insight into their readers and to help them improve their content.
  • Our Website may give you the opportunity to share information through our Website, for example through the "Tweet" button or Twitter on Facebook. We provide this functionality to help us generate interest on our Website and content and to allow you to recommend material to your contacts. You should be aware that information may be collected by the applicable social media network by sharing through such functionality and it may be publicly available (for example, through a search engine). Any such information collection would be subject to such third party social network privacy policy.
  • Your information could be shared with parties that support our business, such as professional consultants as well as web hosting providers, analytics providers and other information technology providers.
  • Any court, government 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, or detect, our rights, the rights of any third party or the personal safety of individuals , preventing fraud, security or safety issues, or otherwise addressing them.
  • Our affiliated entities and for sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to ensure that user information is protected from unauthorized loss, misuse and access, disclosure, alteration and destruction. We restrict access to user information for those who reasonably require access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should remember that no Internet transmission is 100% secure or error free. When you use login credentials (user names, passwords) on our Website, remember that it is your responsibility to protect them. If you believe that your login credentials have been interrupted, please contact us at

Information for Children

Our Website and Services are not aimed at children under 16 years of age and we do not knowingly collect personal information from children under 16 years of age through our Website and / or Services. If you have reason to believe that a child is under 16 years of age after providing us with personal information, please contact us, and we will do our best to delete that information from our databases.

Links to Other Websites

Links to other websites may be in our Website and Services. Operators of other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click on a link to another site, you will leave our Website and this Policy will not apply to your use and activity on these other sites. We advise you to read the legal notices on these sites, including their privacy policies. We are not responsible for the collection and use of data from these other sites. This Policy only applies to the information collected in relation to the use of our Websites and Services and does not apply to any practices that are out of line or to any other websites.

Information for EU and Swiss Residents

JD Supra has its main business base in the United States. If you are subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: t In general, we rely on our legitimate interests 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; deliver our Website and Services; understand and improve our Website and Services; reporting reading analytics to our authors; personalize your experience on our Website and Services; and where it is necessary to protect or defend our rights or property or property, or to detect, prevent, or address issues of fraud, security, safety or privacy. See Article 6 (1) (f) of E.U. General Data Protection Regulation ("GDPR") In addition, there may be other cases where other processing bodies may exist, for example where the processing is the result of legal requirements (Article 2). 6 (1) (c) of the GDPR) or for reasons of public interest (GDPR Article 6 (1) (e)). Please see the "Your Rights" section of this Privacy Policy below for more information on how you can request that we limit your personal information.
  • Your Rights
    • Right of Access / PortabilityYou can ask for a review of the information we hold about you and how this information has been used and disclosed. Please note that we may ask to recognize your identity before you meet your application. You can also request that your personal information is made available to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to proper information: You may ask us to make corrections to any information we have, if you believe that such a correction is necessary.
    • Right to restrict Our Processing or deletion of informationYou also have the right in certain circumstances to ask us to restrict the processing of your personal information or to delete your personal information. If you have consented to using our personal information, you may withdraw your consent at any time.

You can apply to exercise any of these rights by emailing us at or by writing to us at:

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

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

We will make every practical effort to respect your wishes. There may be times, however, when we cannot comply with your request, for example, if the applicable law prevents our compliance. Please note that JD Supra does not use "automatic decision-making" or "profiling" as these terms are defined in the GDPR.

  • Timeframe for keeping your personal informationWe will keep your personal information in a form that you recognize except as long as it meets the purpose (s) first collected as stated in this Privacy Policy, or subsequently authorized. We may continue to process your personal information for longer periods, but for the time and to the extent that such processing is reasonable for archiving purposes in the public interest, journalism, literature and t art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are justified, you may continue to publish personal information in relation to your item indefinitely. When we have no legitimate ongoing business to process your personal information, we will delete it or anonymously, or, if this is not possible (for example, because your personal information was stored in backup archives) , we will store your personal information and isolate it from any other processing until it can be deleted.
  • Transfer to Third Parties: As stated in the “How We Share Your Data Section above”, Supreme JD may share your information with third parties. When JD Supra reveals your personal information to third parties, we have ensured that such third parties have affirmed the EU-EU. or the Swiss Privacy Shield Framework and will process all personal data received from EU member states / Switzerland depending on the applicable Privacy Shield Framework or strict contractual provisions have been made in their contract to guarantee an adequate level of data protection for you. his details.

California Privacy Rights

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

You can apply for this information by emailing us at or by writing to us at:

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

Some browsers have a No Track (DNT) feature. These features, when forwarded, send a sign that you prefer not to collect and use the website you are visiting for details of your online search and browsing activities. As there is still no common understanding of how to interpret the DNT sign, we do not currently respond to DNT signs on our site.

Access / Right / Update / Delete Personal Information

For non-EU / Swiss residents, if you want to know what personal information we have about you, you can email We will contact you (by post or otherwise) to verify your identity and provide the information you request. We respond to your request for access to your personal information within 30 days. In some cases, we may not be able to remove your personal information, in which case we will inform you if we are unable to do so and why. If you wish to have your personal information corrected or updated, you can manage your profile and subscriptions through our Privacy Center under the "My Account" program. If you want to delete your account or remove your information from our Website and Services, please send an e-mail to

Changes to our Privacy Policy

We reserve the right to change this Privacy Policy at any time. See the date at the top of this page to see when this Policy was last reviewed. Any changes to our Privacy Policy will take effect when the revised website policy is launched. By continuing to use our Website and Services after such changes, you will be deemed to have agreed to such changes.

Contact JD Supra

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

As with many websites, JD Supra website (located at (our "Website") and our services (such as our email email articles) (our"Services") use standard technology known as" cookie "and other similar technologies (for example, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. You 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 of our Website and Services;
  2. Store the authorized voucher received by users when they log in to the private areas of our Websites. This sign is specific to the user's login session and requires a valid username and password. User profile information, subscriptions and analytics must be accessed;
  3. Tracking anonymous sites; and
  4. To allow connectivity to social media networks to allow for sharing of content.

Our Website uses various types of cookies and other technologies, in particular:

  • "Session cookies"- These cookies only live with your online session, and leave your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Ongoing cookies"- These cookies remain on your computer or device after your browser is closed and it lasts time specified in the cookie. We use persistent cookies when we need to know who they are for more don't just browse a session, remember your preferences for the next time you visit.
  • "Web Beacons / Pixels"- Some of our webpages and emails may contain small electronic images, called web beacons, clear GIFs or one pixel GIFs. These images are posted on a web page or email and are usually they work with cookies to collect data, use these images to identify the behavior of our users and users, for example counting the number of users who have visited or acted on a web page. – email users.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you 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. These cookies also allow us to collect information about how you use the Website, including what browser you may use, your IP address, and the URL address you received when you visit our Website and the URL you visit (even if those URLs are not on our Website). We also use email web beacons to monitor whether our emails are being delivered and read. We also use these tools to deliver reader analytics to our authors to give them an insight into their readers and to help them improve their content, so that it is very useful to our users.

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

  • HubSpot – For more information about HubSpot cookies, please visit
  • New Relic – For more information on new frozen cookies, please visit
  • Google Analytics – For more information on Google Analytics cookies, visit To go back from Google Analytics being used across all websites visit This will allow you to download and install a free Google Analytics web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content on our Website and Services on your social media accounts via the "Tweet," or similar buttons shown on such pages. To complete this Service, we embed a code that provides such third party social networks and does not control. These buttons know that you are logged into your social network account and, therefore, know such social networks that you are viewing JD Supra Website.

Control and delete cookies

If you want to change how a browser uses cookies, including deleting 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 of the browsers allow you to accept or reject all cookies, only to accept certain types of cookies, or to every time a site wants to save a cookie. It is also easy to delete cookies saved on your device by a browser.

The processes vary to control and delete cookies depending on the browser you use. To find out how to do this with a particular browser, you can use your browser's "Help" function or, as such, you can visit 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 to get the latest version. We may notify you of changes to our privacy policy by email.

Contact JD Supra

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

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