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EST. 1908
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disclaimer/notices

Thank you for visiting the Mitchell Silberberg & Knupp LLP website. Please note, the material located on our site is for informational purposes only, is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue or factual circumstance. Nor is this information intended to create, and receipt of it does not create, an attorney-client relationship between you and the firm. Therefore, you should consult an attorney in the event you want legal advice.

This web site is also not intended to be advertising and Mitchell Silberberg & Knupp LLP does not seek to represent anyone by means of this web site in a state where this site may fail to comply with all laws and ethical rules of that state.

Please note, the content of any communication you send to the firm, electronically or by any other means, will not be considered confidential unless and until you have received written acceptance from the firm to undertake the legal services you may request. You should not send any confidential information to the firm by any means unless you have received such written confirmation and you should be aware that we can use any unsolicited information you send to us on behalf of our clients. We will neither accept requests for legal advice nor offer specific legal advice over the Internet.

All material included on this web site is copyrighted, 2023 by Mitchell Silberberg & Knupp LLP. All rights reserved. Mitchell Silberberg & Knupp LLP authorizes you to view, copy, download, and print the images and information on this web site provided and to the extent that you comply with all of the following conditions: (1) all materials may be used solely for personal, non-commercial and informational purposes; (2) none of the materials may be modified; (3) the following copyright notice and permission notice must appear on each document:

Copyright 2023 Mitchell Silberberg & Knupp LLP. All rights reserved. Mitchell Silberberg & Knupp LLP materials available from this web site are protected by the copyright laws of the United States and International Treaties. All use of these materials is subject to conditions of use set forth at http://www.msk.com; and

(4) reproduction, copying, or distribution of materials on the Mitchell Silberberg & Knupp LLP website for commercial purposes is prohibited without the express written permission of Mitchell Silberberg & Knupp LLP. To obtain permission to copy portions of this site for commercial purposes, please send an e-mail to djg@msk.com stating your request with specificity.

Information provided on this web site is provided "as is" without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of this web site is at your own risk and Mitchell Silberberg & Knupp LLP assumes no liability or responsibility for any errors or omissions in the content of this website. Under no circumstances shall Mitchell Silberberg & Knupp LLP be liable to you or any other person for any damages of any amount or character arising from your access to, or use of, this web site.

As a convenience to you, some of the web pages contain links to websites not maintained by Mitchell Silberberg & Knupp LLP. The linked sites are not under the control of, and Mitchell Silberberg & Knupp LLP is not responsible for, the contents of any web site to which it is linked. The inclusion of any link does not imply endorsement, approval, or sponsorship by Mitchell Silberberg & Knupp LLP or the linked site of one another.

Privacy Policy for Residents of California, Colorado, Connecticut, Virginia and Utah

In addition to any obligations placed on Mitchell Silberberg & Knupp LLP (“MSK”) by way of the attorney-client relationship and/or any other legal regimes or protocols which impact the manner in which MSK interacts with its clients and vendors, MSK takes seriously the protection of the personal information it collects about those with whom it interacts, be they clients, outside attorneys and other professionals, our vendors, visitors or anyone else, and takes all reasonable steps to protect that data from unauthorized disclosure. On June 28, 2018, the California Consumer Privacy Act (“CCPA”) was signed into law.  The CCPA seeks to protect the personal information of California residents by giving them greater knowledge about the nature and extent of data collected about them, how it is used, sold, or shared by those who possess it, and how the individual consumer may control the use of their personal data.  Mitchell Silberberg & Knupp LLP (collectively, “MSK,” “we,” “us,” or “our”) is committed to protecting the personal information of all consumers as required by law. 

On January 1, 2023, the State of Virginia's Consumer Data Protection Act comes into effect. On July 1, 2023, the Colorado Privacy Act and the Connecticut Privacy Act take effect.  Additionally, the Utah Privacy Act takes effect on December 31, 2023.  In each state, the aim was similar to that of the CCPA, i.e., giving consumers resident in a specific state more knowledge about what data about them is collected and how it is used.

To be in compliance with the laws of all of these states, MSK adopts this Privacy Policy. .  This Privacy Policy applies solely to clients, outside attorneys and other professionals, vendors, visitors and others who reside in the States of California, Colorado, Connecticut, Virginia or Utah (“consumers,” “you,” or “your”).  This Privacy Policy explains our privacy practices on- and off-line, and your rights regarding the collection, use, and disclosure of your personal information.  Any terms defined in the privacy law of a given state shall have the same meaning when used in this privacy notice, unless otherwise defined herein.

What categories of personal information do we collect?

MSK collects only the data we need to conduct our business with you.  Personal information is information that directly or indirectly identifies a particular consumer, individual, household or device.  We may not collect all of the data listed in the chart below about a single consumer but we have generally collected the categories of personal information about consumers listed in the chart below within the last 12 months.

From what sources do we collect personal information?

You are the primary source of information we collect about you, but we may also be provided with such information from third parties, such as opposing counsel, the other party/ies with whom you are dealing, government agencies and other parties encompassed within the nature of the matter(s) in which we represent you or your company.  We may also collect information about consumers from our website and/or from third parties that interact with us in connection with the legal services we provide.

We use cookies to collect information, on an aggregate basis, about how our site is used. This information may include the date and time of visits to and time spent on the website. We also use cookies to learn more about Our audience size and usage patterns, to store information about your preferences so as to allow Us to customize Our Site according to your interests and provide a more personalized experience, to speed up searches or to recognize you when you return to Our Site, to identify the pages viewed or searched for, page response times, download errors, length of visits, page interaction information (such as clicks, scrolling, etc.) or methods used to browse away from a page, but none of Our cookies is intended to identify you personally. You can obtain more information about cookies at http://www.allaboutcookies.org/.

We may also use web beacons, pixel tags and similar software which are invisible graphics on a web page or email that are programmed to collect non-PII about the use of a given website or newsletter, such as whether or not an email is opened and viewed.

We have implemented the use of Google Analytics, Google Advertising Features and Global Site Tags by Google. You may opt-out of these features using Google Analytics’ currently available opt-outs, available at https://tools.google.com/dlpage/gaoptout/.

What are our purposes for collecting personal information?

Our interest in processing any personal information about any consumer is so that we may provide our services and manage our business, including but not limited to: a) Providing legal services and responding to requests for legal services; b) Providing information relating to our legal services either in response to specific requests or generally in order to develop our business; c) Providing legal updates and information in relation to events in which we believe clients and professional contacts may have an interest; d) Billing for our services and obtaining payment; e) Responding to inquiries and/or complaints; f) Meeting our legal and regulatory obligations; g)  Making appropriate business development plans to better support our clients’ needs for legal services; and h) Improving the functionality of our website, social media feeds and other IT requirements.

Who do we share personal information with?

MSK does not generally share personal information with third parties except in the course of representing our clients and then only as consented to by the client., but we do share personal information in certain circumstances, which may include, but is not limited, to our attorneys and staff, third party service providers, and as required in response to a subpoena, court order and/or other legal, regulatory and/or legitimate business reasons.

How do we protect your personal information?

MSK maintains the personal information it receives and retains in an encrypted or redacted manner relying on industry standard security measures to protect the information as much as reasonably possible.  We will do our best to keep the personal information we maintain about California, Colorado, Connecticut, Virginia or Utah consumers secure.  However, no Internet connection is totally secure.  Therefore, we cannot guarantee that our safeguards will prevent every attempt at unauthorized access or use, or the disclosure of any personal information.

If you become aware of a security breach, please notify us immediately at pi@msk.com.

Sensitive Personal Information

When we collect government identification (such as your driver’s license number or Social Security number) or financial details (such as your bank account or credit card numbers), we are deemed to be collecting data that is “sensitive” under the privacy laws of some states.  Where legally required, we will obtain your consent for collecting this information.  We do not use or disclose sensitive personal information for any purpose other than as permitted by law, such as to provide our services to you, to detect security incidents, and to protect against malicious or fraudulent actions, nor do we use or disclose such information to build a profile about you.

Exercising your rights.  If you wish to receive a copy of the personal information we maintain about you, please comply with the following instructions:

You may request a copy of the personal information we maintain about you twice in any 12 month period, as provided by law. We will decline to provide the data more frequently.

We will provide the data free of charge and in a portable manner, also as required by law.

In order to request the personal information we maintain about you, you must provide us with three (3) categories of information:

Your full name;

The name of the MSK attorney with whom you primarily deal or dealt with;

And one or more of the following as you understand this information to be maintained in MSK’s records:

Your email address;

Your home, office or cellular telephone number;

Your home or office street address.

If you do not provide us with three (3) categories of information, we may not be able to verify you are the proper consumer to whom to release the requested personal information. As such, if we do not receive three (3) categories of information or we are not able to verify your identity, even with three (3) categories of information, we will decline to provide the requested information.

Category of Personal Information Category of Source Business or commercial purpose(s) for collection Categories of third parties with whom we share
Personal identifiers Directly from you or your agents
From your organization
From your vendors or customers
From other third parties you choose to interact with
From our service providers
From public sources		 Provide our  services to you
Communicate with you
Verify your identity Protect your account
Prevent fraud or illegal activity
Our marketing activities
Prevent fraud or illegal activity		 Our service providers
Your authorized service providers
Other third parties that you authorize
Our business and marketing partners
Third parties as required by law
Commercial information, including services provided Directly from you or your agents
From your organization
From your vendors or customers		 Provide our services to you
Communicate with you
Verify your identity Protect your account
Prevent fraud or illegal activity
Our marketing activities
Prevent fraud or illegal activity		 Our service providers
Your authorized service providers
Other third parties that you authorize
Our business and marketing partners
Third parties as required by law
Internet or other electronic network activity information Directly from you
From your organization
From your vendors or customers
From our service providers		 Provide our services to you
Protect your account
Prevent fraud or illegal activity
Debug or repair our services
Maintain the reliability and quality of our services
Improve our services
Our marketing activities		 Our service providers
Your authorized service providers
Other third parties that you authorize
Our business and marketing partners
Third parties as required by law
Geolocation data Directly from you
From your mobile provider or ISP		 Provide our services to you
Protect your account
Prevent fraud or illegal activity
Debug or repair our services
Maintain the reliability and quality of our services
Improve our services
Maintain the reliability and quality of our services		 Our service providers
Your authorized service providers
Other third parties that you authorize
Our business and marketing partners
Third parties as required by law
Professional or employment-related information Directly from you
From your organization
From your vendors or customers		 Provide our services to you
Prevent fraud or illegal activity
Our marketing activities		 Our service providers
Your authorized service providers
Other third parties that you authorize
Our business and marketing partners
Third parties as required by law
Inferences drawn to create a profile about a consumer Directly from you
From your organization
From your vendors or customers
From other third parties you choose to interact with
From our service providers
From public sources		 Provide our services to you
Prevent fraud or illegal activity
Maintain the reliability and quality of our services
Our marketing activities		 Our service providers
Your authorized service providers
Other third parties that you authorize
Our business and marketing partners
Third parties as required by law


Retention

We retain your personal information as long as it is necessary to provide you our services and to comply with our data retention requirements.  Even after you stop using our services, we may be required to keep your information for as long as necessary to comply with our legal and regulatory obligations, to make or defend legal claims, and to protect against the fraudulent activity of others.

Sharing

In the last 12 months, we have not allowed any third parties ad providers to collect personal information from our website visitors or to provide them with targeted advertising and/or analytics. 

Understanding Your Rights

Subject to certain limitations, you have the following rights with respect to the personal information we collect about you:

  1. Right to Know. You may ask us to give you information about our collection and use of your personal information.  Specifically, you may request that we provide you one or more of the following:
  1. Right to Delete. Subject to certain limitations, you may ask us to delete your personal information.
  2. Right to Correct. You may also ask us to correct inaccurate personal information that we have about you.
  3. Right to Opt Out of Targeted Advertising or Sale. We do not engage in targeted advertising or the sale of your personal information.  Please see the discussion on Sharing above.
  4. Right Against Discrimination. We will not discriminate against you for exercising your rights.

You may exercise your right to know, delete, or correct your personal information by emailing pi@msk.com or by initiating a chat with our Support Team here.  If you do not receive a confirmation of our receipt of your request within ten (10) days, we may not have received your request and you should re-submit it.  Once we receive your request, we will attempt to verify your identity.  We may ask you for additional information to help us verify your identity, including by asking you to confirm other personal information you have provided to us.  We may deny your request for reasons permitted by law, including our inability to verify your identity.  If we deny your request, we will tell you why we did so.

Subject to certain restrictions, you may have an agent exercise your rights for you.  If you have an agent exercising your rights, that person must provide to us your written authorization allowing them to make such a request on your behalf.  We reserve the right to deny the agent’s request if we are not reasonably able to confirm proper authorization and/or verify your identity as the requestor.

Appeal Rights. If we conclude we are unable to verify that you are the proper consumer to whom to release the requested personal information or we have released your personal information to you and you contend the information provided is not complete, you may appeal either decision by sending a letter addressed to MSK, 2049 Century Park East, 18th Floor, Los Angeles, CA 90067, Attn:  Privacy Appeal or email to pi@msk.com and putting the word “APPEAL” in the “Re:” line of your written communication.

Non-Personal Information

This Privacy Policy does not restrict our collection, use or disclosure of any aggregated information or information that does not identify, or cannot be reasonably linked to, any individual, which is defined under the privacy laws of the various states  as non-personal information.

Updates

We reserve the right to amend this Privacy Policy at any time and any changes to this Privacy Policy will become effective when posted on our website.  We encourage you to stay informed of any changes to this Privacy Policy.  You may determine the last revision date of this Privacy Policy by referring to the “Last revised” date at the bottom of this notice.  Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

If you have any comments, questions, or requests concerning this Privacy Policy or your personal information, please contact us at:  800-675-0015 or pi@msk.com.

If you contend your privacy rights have been violated, please email us at pi@msk.com.

©2023 by Mitchell Silberberg & Knupp LLP

MSK’s Notice re Data of European Countries Residents

(Effective May 25, 2018)

As you may be aware, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden (the European Countries) adopted regulations applicable to certain types of personal information called the General Data Protection Regulations, or GDPR. Even though the United Kingdom is no longer a member of the European Community, it has adopted similar privacy and disclosure regulations. Switzerland also adopted its own version of the GDPR.  So, for these purposes, we include Switzerland and the United Kingdom when referencing the European Countries. We do not have an office in any of the these countries, do not conduct business or offer services in any of these countries, and do not acknowledge that the GDPR applies to us or any information we may possess about you. Nonetheless, the advent of the GDPR has caused us to review our policy as it concerns personal information belonging to residents of any of the European Countries. That policy is set forth below. Of course, we reserve the right from time to time to update it without further notice as we deem appropriate.

For residents of any of the European Countries only who provide us with personal data that directly or indirectly makes you identifiable in our records as a natural person, including but not limited to, your name, address, personal mobile and/or office telephone number, personal or business email address, passport data, driver’s license data, a personal identification number, location data, an online identifier or one or more other factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity, please be advised of the following:

In general, our policy regarding Data of European Countries Residents may give you the following rights only as to information to which the GDPR applies:

To be aware of what personal data about you we have in our records – i.e., what we know about you;

To be informed about the processing of your personal information – i.e., what we do with the data we receive from you;

To have your personal information corrected if it is inaccurate and to have incomplete personal information completed, if you think the data we have is not totally accurate;

To object to the processing of your personal information – i.e., to refuse to permit us to do anything with your personal data;

To restrict processing of your personal information – i.e., to limit what we can do with your data;

To have your personal information deleted (the “right to be forgotten”) from our system;

To request access to your personal information and to obtain information about how we process it, so that you may confirm what data we may have and what we do with it;

To move, copy or transfer your personal information (“data portability”); and

In relation to automated decision making which has a legal effect or otherwise significantly affects you, to request clarification of what we do with any personal data we may have about you.

Please note the following as it concerns Data of European Countries Residents which may be subject to the GDPR:

We will generally keep your personal data for only so long as we believe we have a reasonable business need for that data, such as managing our relationship with you, your employer or any affiliated third party, and managing our operations. Otherwise, your data will generally be retained for six (6) years once our representation ends or the matter to which the information relates has concluded.

In determining whether we have a legitimate interest in receiving your data, we will endeavor to, in our best judgment, weigh our need for your data with your need to keep it private. Any data we seek will generally be limited to only that which we believe in our best judgment is necessary to know so that we are able to carry out our legal services and related functions, and/or to keep you informed about legal developments, and for no other purposes.

If at any time your personal information changes, particularly your contact data, please immediately let us know by emailing pi@msk.com. If you would like to have your contact data deleted from our records, please email us at delete@msk.com. If you email us requesting deletion of your contact data, we will endeavor to do so unless one of the recognized exceptions applies permitting us to retain your contact information.

Any personal data that you may have provided to us will generally be stored in our system and be accessible only to those individuals who have a “need to know,” which includes our attorneys, support staff and contractors.

If we contact you for marketing purposes, we will endeavor to do so only in accord with your preferences. You may request that we stop these emails by contacting us at MarketingDepartment@msk.com.

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