Disclaimer

Disclaimer

Thank you for visiting us.

The material presented on the McElroy, Deutsch, Mulvaney & Carpenter, LLP web site is for informational purposes only and is not offered as legal advice on any matter. Transmission and receipt of information contained on this web site does not create an attorney-client relationship between you and McElroy, Deutsch, Mulvaney & Carpenter, LLP, and no reader should act, or refrain from acting, based on any information on this web site.

Please do not send us confidential or sensitive information without the express authorization of one of our attorneys. The act of sending electronic mail will not impose any obligation on our firm or any of our lawyers.

This web site is not an offer to represent the reader, nor is it intended to be an advertisement of our services. McElroy, Deutsch, Mulvaney & Carpenter, LLP makes no representations or warranties regarding the suitability for any purpose of the material presented on this web site, and it is not responsible for and makes no representations whatsoever about the contents, completeness, or accuracy of any information provided on any other web sites that are accessible through our web site.

 

Cyber Security and Website Disclaimer

1. TERMS OF USE

Please read this terms of use statement carefully. By making use of this website you indicate your acceptance of the terms stated below.  If you do not accept these terms, do not use this website.

The materials presented by this website, www.mdmc-law.com, are for informational purposes only and are not offered as legal advice as to any particular matter in any particular jurisdiction. No reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, (“MDM&C” and/or “the firm”) disclaims any implied warranties, including warranties of merchantability and fitness for a particular purpose, and shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever. MDM&C assumes no liability or responsibility for any errors or omissions in the content of this website and reserves the right to change the content of this website from time to time. Opinions presented by this website are the opinions of the individual authors, and do not necessarily reflect the opinion of the firm of MDM&C, or of any of its attorneys or clients. MDM&C accepts no responsibility for any third-party content referenced by this website or accessible through this website by hyperlink or otherwise. Any third-party links appearing on this website are provided only for your convenience. No information in this website about current or past events should be construed as a prediction about future results.

Neither the use of this website nor the transfer of information to or from this website shall imply, create, or constitute an attorney-client relationship between the firm of MDM&C and any person. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. You should not send any confidential information to this website or to any other person in the firm until after you and the firm have entered into a written agreement for the performance of legal services. If you communicate with us by email, pleased remember that internet e-mail tends to be less secure from external eavesdropping than other communication methods. Accordingly, you should avoid sending confidential information by internet e-mail unless your message and attachments are adequately encrypted. Please contact our IT department if you would like to discuss available e-mail security options.

In compiling and maintaining this website, MDM&C does not intend to practice law or solicit legal representation in any jurisdiction where this website may fail to comply with all laws and ethical rules. The firm maintains offices in various jurisdictions. Please consult the attorney biographies in this website to determine the particular jurisdictions in which individual attorneys are licensed to practice. To the extent the ethical rules in any jurisdiction require us to designate a principal office or a single attorney responsible for this website, the firm designates its office in Morristown, New Jersey, USA, as its principal office.

MDM&C reserves the right to change the terms of this disclaimer by posting any revisions on this website at any time. In such event, your continued use of this website will be governed by the terms as so amended.

2. INTELLECTUAL PROPERTY

The entirety of the content in this website is a collective work owned by MDM&C and is protected by U.S. and international copyright laws. Copyright 2018 McElroy, Deutsch, Mulvaney, & Carpenter, LLP. All rights reserved. All elements comprising this website, including without limitation, the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof are the sole property of MDM&C and its licensors, and are protected by U.S. and international copyright laws. All software used in this website is the property of MDM&C or its licensors.

No materials on this website may be copied, reproduced, uploaded, posted, transmitted, or distributed in any way without the prior written permission of MDM&C, except you may download one copy of materials on a single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

3. PRIVACY POLICY

MDM&C’s privacy policy is designed to assist you in understanding how we collect, use and safeguard personal information you provide to us and to assist you in making informed decisions when visiting and accessing information available on our website. By using this website, you consent to the following terms:

3.1  Collecting information

You may visit this website to learn about MDM&C. Our computers automatically collect your IP address when you enter the website. The pages you visit are recorded for the duration of time you access the website, but we do not place so-called electronic "cookies" in your hard drive to track the other websites you visit after leaving the firm’s website.

If you choose to correspond further with the firm via email, we may retain the content of your email messages together with your email address and the firm’s response. MDM&C provides the same protections for these electronic communications that the firm employs in the maintenance of information received by mail and telephone.

If you choose to provide the firm with personally identifiable information, MDM&C will only use such information for the purpose of responding to your request for registration, email notice, or further information.

Perfect security for data in online storage is not considered feasible under currently available technology. Since any personally identifiable information you provide through this website is entirely voluntary on your part, you should take care to limit your website disclosures to information that is not highly sensitive or valuable to you.  Please contact our IT department if you would like to discuss available e-mail security options at info@mdmc-law.com.

With the intention of making this website more useful and convenient, MDM&C may provide hyperlinks to third party websites that contain further information of interest. Please be aware that when you follow these links to visit third party sites, the privacy policies of these other sites (and not that of this MDM&C website) will apply to any information you choose to disclose to those sites.

3.2  Employee Access, Training, and Expectations

Our Firm’s values, ethical standards, policies, and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.

4. QUESTIONS

If you have any questions about these terms or conditions, please contact us. We will be happy to answer any questions or concerns you might have.

McElroy, Deutsch, Mulvaney & Carpenter, LLP
1300 Mount Kemble Avenue, P.O. Box 2075
Morristown, NJ 07962-2075
973.993.8100 (Tel)
973.425.0161 (Fax)
 

Privacy Policy

McElroy, Deutsch, Mulvaney & Carpenter, LLP is committed to protecting your privacy. Information or data about you or that can be used to identify you, such as your name, address(es), telephone number(s), e-mail address(es) or other information or data, may be referred to below as “personal information”. References in this Privacy Policy to “we,” “us,” “our” or “McElroy, Deutsch, Mulvaney & Carpenter, LLP” are references to the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLP, an Ohio, USA partnership, each of its affiliated law firms providing legal services through an office described as an office of McElroy, Deutsch, Mulvaney & Carpenter, LLP in this website, and representatives of the foregoing who are responsible for collecting and processing information or data about you, also known as data controllers. Please read the following Privacy Policy to understand how your personal information will be collected, stored, used and disclosed. This Privacy Policy may change periodically, so please check back from time to time. The date of the last update to this Privacy Policy is May 17, 2018.

This Privacy Policy includes details on:

  •     When and how we collect personal information
  •     Why we use or process personal information
  •     How and where we disclose personal information
  •     Our efforts to protect personal information
  •     How long we keep personal information
  •     Your rights regarding your personal information
  •     Additional Marketing Notice
  •     Questions about the Privacy Policy

1. When and how we collect personal information

We collect personal information about you when you voluntarily choose to disclose such information to us, directly or indirectly through a representative. For example, you may disclose personal information to us when you submit information by mail, telephone, fax, or electronically, when you sign up for newsletters, alerts, whitepapers, legal insights and other marketing communications, or when you sign up to attend an event or program in person or online.

We may also collect personal information about you from another source, for example, from a business associate of yours, your representative, an expert or a publically available source. If you provide personal information to us about someone else (such as one of your employees or business associate), you acknowledge that you are authorized to disclose that information to us and that, without taking any further steps, we may collect, use, store and disclose that personal information as described in this Privacy Policy as if it were disclosed to us directly by such other person.

We also collect certain information through automatic means. For example, we use cookies and other technologies to collect certain information when you use the www.mdmc-law.com website or other sites linked to it (collectively, “our websites”). The information collected through our websites include location, IP address, browser type, and content viewed. Please refer to our Cookies Policy for more information on the use of these tracking technologies, and how you can disable them.

We also collect personal information when you apply for a position, such as a partner, employee or intern, through a recruiter or one of our recruiting websites, such as our McElroy, Deutsch, Mulvaney & Carpenter, LLP Careers website. This information could include, among other things, educational background, school transcripts, writing sample, current and prior employment, qualification details, professional licenses, references, national ID number or work permits to work in the jurisdictions for which you applied, and photo.

We do not direct any of our websites to children or individuals under eighteen (18) years of age. Individuals under eighteen (18) should consult with their parent or guardian about the use of this website.

2.  Why we use or process personal information

We only use your personal information for a legal and legitimate interest, such as:

Legal Services:  We will use and process your personal information for providing legal services, promoting and marketing our legal services, assisting with managing, enhancing and improving our legal services, communicating with you about those legal services, and complying with our legal and ethical obligations related to those legal services.

Recruiting:  If you are a candidate for a position with the firm, we will use personal information about you in connection with recruiting you, processing your application for the position, or, if applicable, extending an offer to you or hiring you. Where the information provided is sensitive (such as your racial background or your state of health) you expressly consent to our use of the information to assess your application and to allow us to carry out equal opportunities monitoring. You may also provide us with your email address to receive information on open positions with the firm. Doing so could trigger an email from us to you inviting you to complete an application or to send your curriculum vitae, resume or other information.

Marketing:  We may process certain of your personal information for direct marketing based on your consent. You have the option to withdrawing your consent at any time. We also may process your location data, IP address, and content viewed on our websites pursuant to our Cookies Policy. For more information on our marketing practices, see the Additional Marketing Notice below.

Contract performance:  We may use or process personal information in connection with pre-contract activities and discussion with you, and to perform a contract that we have with you.

Legal obligations:  We will use or process personal information as necessary for compliance with a legal obligation to which we are subject.  This includes using or processing personal information for defense of claims against us and satisfying any government reporting obligations and requests.

Other legitimate interests:  We will process your personal information for any of our other legitimate interests not described above.  These include analyzing use of our website or services, tailoring website and news content, setting preferences in our website or electronic mailings, improving our websites, offering and managing programs and events, fulfilling our obligations to our clients and others, and managing our client and vendor relationships.

3.  How and where we disclose personal information

We will not sell, trade, or rent your personal information.

We operate our websites from the United States of America and store the information we collect through our websites in the United States of America.  We market and provide legal services, however,  in many countries throughout the world. Accordingly, we will disclose information collected through our websites, as well as other personal information, across offices and geographical boundaries, within and outside of the firm, for legal and legitimate purposes as described above.

We will also disclose your personal information to third party service providers that perform services for us and who are obligated to secure the information, such as barristers, special consultants, expert witnesses other outsourced service providers, continuing legal education providers, information technology suppliers, analytics providers, mailing providers, joint marketing or event providers, caterers, and security providers. These service providers may be located anywhere in the world.

We will also disclose your personal information as required by a court order or any other legal or regulatory requirement, including in response to requests from public and government authorities outside your country of residence or to protect our rights, privacy, safety or property, or that of you or others anywhere in the world.

The recipients of your personal information may be located outside of the jurisdiction where you reside. The laws of these other countries may not provide the same level of protection as the laws of your home country. By providing us with personal information about yourself, you acknowledge the disclosure of such personal information to these recipients. Any processing of your personal information outside of your jurisdiction will be in accordance with this Privacy Policy. In Australia, McElroy, Deutsch, Mulvaney & Carpenter, LLP is bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act).  You acknowledge, however, that we do not take steps to ensure that the overseas recipient outside of McElroy, Deutsch, Mulvaney & Carpenter, LLP does not breach the APPs prior to disclosure.

We rely on the European Commission approved Standard Contractual Clauses (controller-to-controller) (2004/915//EC) to govern the transfer of personal data by an office in the European Economic Area to another of our offices outside of the European Economic Area.

4.  Our efforts to protect personal information

We take reasonable measures to protect personal information from misuse, interference, and unauthorized loss, access, modification or disclosure. We undertake industry standard data protection practices, including by deploying a variety of commercially available software and hardware security tools. We will take such measures with respect to your personal information using security measures that we use for personal information of others, and we will do so in compliance with all applicable data protection laws and our professional secrecy and ethical obligations. Unfortunately, despite such measures, no data transmission over the Internet and no database or other depository of information can be one hundred percent secure. As a result, while we will strive to protect your personal information, we cannot and do not guarantee or warrant the security of any of your personal information. We will not be and are not liable for disclosures of your personal information due to errors in transmission, networks that we do not control, or unauthorized acts of third parties.

5.  How long we keep personal information

If you have applied for a specific position with us and join us for that or any other position, your personal information will retained for at least so long as you continue to retain a position with us and thereafter for at least the minimum period required by applicable law. If you have applied for a position with us but do not join us for that or any other position or if you did not apply for a specific position, we may retain your personal information in order to consider you for any future positions.  We will do so, however, only if you grant your consent to such extended retention. If you do not grant such consent, then we will retain your personal information only as necessary to comply with all applicable laws.

Except for applications for positions as provided above, we will keep your personal information until such time as we no longer expect to need to use it for any legal and legitimate purpose and otherwise in accordance with all applicable laws. At the appropriate time, we will take reasonable steps to destroy your personal information or ensure that your personal information is de-identified, except were we need to retain such information to satisfy legal and professional ethical obligations.

6.  Your rights with regard to your personal information 

Except as otherwise expressly discussed in this Privacy Policy, this policy only addresses our use and disclosure of personal information we collect from you. To the extent that you disclose your personal information to third parties, including any third party website linked from any of our websites, you are subject to the privacy customs and policies of those third parties. We encourage you to ask questions before you disclose any personal information to such third parties.

Our other obligations to you as our client, if applicable, are not addressed by this Privacy Policy. Those obligations are described in our terms of engagement or otherwise arise as a result of applicable law or ethics.

Subject to local law, you may have certain rights regarding personal information we have collected about you. Such rights might include the right to (a) know what personal information we have collected about you, (b) update or correct such information if you believe there is an inaccuracy, (c) restrict the processing of your personal information, (d) request deletion of your personal information, (e) object to our use of your personal information, or (f) request transmission of your personal information to another data controller. If you would like to exercise any of these rights provided under local law, please send us an email at privacy@mdmc-law.com.

If you would like to make a complaint about how we handled your personal information, , or make a complaint about a breach of data protection laws, please send us an email at privacy@mdmc-law.com. Complaints will be investigated and the outcome of the investigation will be communicated to you after the complaint is made in accordance with applicable law. You may have a right in some locations to file a complaint with your local data protection authority.

7.  Additional Marketing Notice

We may process additional personal information provided by you for marketing purposes , for example in correspondence relating to an event, when you let us know what legal areas you are interested in, and when you wish to be contacted by us. This may include access or dietary requirements which may reveal information about your health or religious beliefs.

Your personal information may also be collected in our relationship management system when you register online to receive legal updates, or when we otherwise receive your contact details. You will receive a confirmation notice when your details have been added to our relationship management system. You can update or request, however, to have your data removed from our relationship management at any time by visiting our preferences page. You also will be provided with the option to unsubscribe or opt-out from receiving further marketing communications by following the instructions at the bottom of each communication.

8. Questions about the Privacy Policy

Privacy and security is important to us. We are committed to building a trusting relationship with you, and we will continually monitor feedback and seek to improve our services to meet your needs. If you have any questions about this Privacy Policy or the practices of this website, or if you would like to provide comments, please send us an e-mail at privacy@mdmc-law.com.