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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, 2020 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 2020 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 web site 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 web site. 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 web sites 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 California Residents

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, vendors, visitors or anyone else, and takes all reasonable steps to protect that data from unauthorized disclosure.  

Notice re Data of California Residents (Effective January 1, 2020)

In June 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 California consumers.  

MSK adopts this Privacy Policy to comply with the CCPA and other California privacy laws.  This Privacy Policy applies solely to clients, vendors, visitors and others who reside in the State of California (“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 CCPA have the same meaning when used in this privacy notice.

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, household or device.  We may not collect all of the data listed below about a single consumer but we have collected the following categories of personal information about consumers generally within the last 12 months.

Category

Examples

Collected

Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

Yes

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Please note that some personal information included in this category may overlap with that in other categories.

Yes

Protected classification characteristics under

California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Yes

Commercial information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Yes

Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Yes

Geolocation data.

Physical location or movements.

Yes

Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information

Yes

Professional or employment-related information.

Current or past job history or performance evaluations.

Yes

Non-public education information per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Yes

Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Yes



What sources do we collect personal information from?

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, 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 Site. 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 click, 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 and pixel tags 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 persona 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 or 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 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.

What rights do consumers have under the CCPA?

As a California resident, the CCPA grants you certain rights regarding your personal data. 

(1) The categories of personal information we collected about you.

(2) The categories of sources from which the personal information is collected.

(3) The business or commercial purpose for collecting[1] personal information.

(4) The categories of third parties with whom we share your personal information.

(5) The specific pieces of personal information we collected about you.

(1) Complete the transaction for which the personal information was collected, provide the services you requested, are reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform any contract between MSK and you.

(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for such activity.

(3) Debug to identify and repair errors that impair existing intended website and system functionality.

(4) Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law.

(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

(6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.

(7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on your relationship with MSK.

(8) Comply with a legal obligation.

(9) Otherwise internally use your personal information in a lawful manner that is compatible with the context in which you provided the information.

(3) Provide you a different level or quality of goods or services.

(4) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We do not provide access, data portability and/or deletion rights for B2B personal information.

MSK does NOT sell personal information.  As such, we are not required to provide an opt-out process.

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

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 CCPA 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.

How to submit requests or inquiries regarding your CCPA rights

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.

[1] The law includes your right to information about the sale of your data, but since MSK does not sell personal information, the reference to the sale of data here has been deleted.

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, Sweden, and the United Kingdom (the European Countries) recently adopted new regulations applicable to certain types of personal information called the General Data Protection Regulations, or GDPR. 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:

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

  1. 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.
  2. 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.
  3. 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.
  4. 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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