Paul Hastings Terms and Conditions
Last updated September 2016
Access to and use of material appearing on the Paul Hastings LLP website (the “Website”) are subject to these terms and conditions (these “Terms”). You agree to these Terms by accessing and viewing the material on the Website. Material on the Website may be modified at any time, and those modifications shall be effective immediately upon posting on the Website. Your continued access or use of the Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
1. ATTORNEY ADVERTISING
Under New York Lawyer's Code of Professional Responsibility, and in some other states, some materials contained on this Website may be considered attorney advertising. Statements about prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Some photos on this web site are of actors and not of clients or firm personnel.
2. STATEMENTS IN COMPLIANCE WITH TEXAS AND TENNESSEE RULES OF PROFESSIONAL CONDUCT
Unless otherwise specified, the attorneys listed in this Website are not certified by the Texas Board of Legal Specialization and are not certified as a specialist in any practice area by the Tennessee Commission on Continuing Legal Education and Specialization. If you have any questions concerning our firm, please contact us via the “CONTACT” link on our home page.
3. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP
The information contained in this Website is provided solely for those who may wish to know information about Paul Hastings LLP (“Paul Hastings,” “we” or “us”). This information may not reflect current legal developments and is general in nature. It should not be relied upon or construed as legal advice, and it is not a substitute for obtaining legal advice about a specific question from an attorney licensed in your state. Similarly, submission of an email to Paul Hastings or to any Paul Hastings attorney or other communication through the Website does not create any attorney-client or other privileged or confidential relationship, and we have the right to use or disclose any such information that has been submitted to Paul Hastings or its attorneys. Accordingly, do not disclose any information to us that you wish to remain private or confidential. If you intend to send any confidential information to Paul Hastings via email or by posting any of Your Content (as hereinafter defined) to the Website, you should speak first with one of our lawyers and obtain authorization to do so.
4. LINKS TO OUR WEBSITE AND TO THIRD-PARTY RESOURCES
Paul Hastings is not responsible for any content that you may access from third-party resources that may be accessed through or linked to this Website. We welcome links to our Website from other web sites; however, we in no way operate, control or endorse linking sites, and we reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Website, you must link only to our homepage, www.paulhastings.com.
5. NO WARRANTIES
We make no guarantee that the information on this Website is up-to-date, accurate or complete, and you should not rely on it in making any decision, taking any action or refraining from taking any action. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state or jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL CONTENT AVAILABLE THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PAUL HASTINGS MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT THEREIN. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR-FREE, THAT THE WEBSITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
Paul Hastings periodically adds, changes, improves or updates the information and documents on this Website without notice.
You assume all responsibility for your use of, or access to, this Website, including your access to any literature obtained through the Website, and waive all claims or causes of action against Paul Hastings, its partners, officers, employees, agents or affiliates in connection therewith.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Proprietary Rights. The Website contains or may contain information, text, editorial content, notices, software (including HTML or XML-based computer programs), photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) (collectively, “Content”). All Content and the Website itself, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), are protected under both United States and foreign copyright, trademark and other laws. The Content belongs to or is licensed to Paul Hastings.
6.2 Use of Content. Paul Hastings grants you permission to access and view the Website and Content contained therein. You may download or print a copy of textual Content provided in the Website for internal use or internal distribution only. Any other use of the Website or the Content, in whole or in part, without prior written consent from us, is strictly prohibited, including without limitation: reprinting, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for any purpose other than as expressly permitted above, or other similar unauthorized exploitation of the Website or any Content. Without limiting the foregoing, unauthorized use of any Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from the Website on any other server or Internet-based device without our advance written authorization.
7. CONTENT THAT YOU UPLOAD OR OTHERWISE TRANSMIT
7.1 Your Content Copyright Policy, Representation and Indemnity. You are wholly responsible for any Content that you upload or otherwise transmit to the Website (“Your Content”), whether Your Content consists of text, photographs, pictures, art work, or other data types, such as audio, video or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that none of Your Content that you transmit to the Website violates any copyright or trademark right, and that it complies with Section 7.2 of these Terms. Before transmitting Your Content to the Website, you should assure that Your Content is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Your Content to the Website: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display Your Content in connection with our operation of the Website or otherwise as we may see fit; and (ii) you represent and warrant to us that Your Content is in the public domain, or that you have all right, title and interest in and to all copyrights in Your Content, or that you have the express permission to copy and use Your Content for all purposes. You further represent that the Your Content does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
7.2 Your Content Policy and Acknowledgement; Compliance with Law. You may not upload to the Website any of Your Content that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. (Content of the type described in clauses (a) and (b) is referred to, collectively, as “Inappropriate Content”). Your Content that you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor any of Your Content. However, we reserve the right at all times to review Your Content, to disclose Your Content as necessary to satisfy any laws, regulations or government requests, to report any potential violations of law to law enforcement authorities, to refuse to post or transmit any of Your Content and to remove any of Your Content that is, in our sole judgment and discretion, objectionable or in violation of these Terms.
You agree to indemnify us and hold us and our licensors and suppliers harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that any of Your Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights, (b) your use or submission of any Inappropriate Content, (c) any violation of law by you, (d) any breach by you of these Terms or (e) your use of the Website. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.
9. TRADEMARK NOTICE
Trade names, logos and service marks of Paul Hastings are trademarks of Paul Hastings (the “Marks”). Without our prior permission, you agree not to display or use in any manner the Marks. Other logos, product and service names are the property of their respective owners, as may be indicated on the Website.
10. COPYRIGHT NOTICE
If you believe a photograph, text or other Content on our Website infringes your copyright, please provide us the following information relevant to your claim: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You may submit your notice of claim of copyright infringement to:
Joanie Chan 515 S. Flower St., Los Angeles, CA 90071 213-683-5710
11. EMPLOYMENT OPPORTUNITIES
We welcome expressions of interest in employment with Paul Hastings. Paul Hastings does not discriminate in hiring or employment on the basis of race, color, creed, ancestry, religion, sex (including pregnancy, childbirth or related medical conditions), sexual orientation, national origin, age, disability, marital status, gender identity, genetic information, physical or mental disability or medical condition as defined by applicable equal opportunity laws, veteran status or any basis prohibited under federal, state or local law. An invitation to submit your resume or express interest in a job through the Website is not intended to, and does not, create an offer or contract between you and Paul Hastings for employment or for any other benefit. Any communication sent by you to Paul Hastings inquiring about employment shall not be considered an application for employment and creates no obligation on the part of Paul Hastings to respond. Should Paul Hastings be interested in exploring employment opportunities with you, we will contact you in response to your inquiry.
Paul Hastings respect your privacy. Our privacy practices appear in Paul Hastings' Global Privacy Statement, which is hereby incorporated by reference into these Terms.
13. JURISDICTION AND APPLICABLE LAW
These Terms and your use of the Website shall be governed by the laws of California without regard to choice or conflicts of laws principles. Any legal action or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction in Los Angeles County, CA.
14. CONTACTING US
If you have any questions or concerns about these Terms, please contact us.
Paul Hastings LLP is an international legal practice operating in the UK through Paul Hastings (Europe) LLP.
Paul Hastings (Europe) LLP is a limited liability partnership in England and Wales with offices in London, Brussels, Frankfurt, Paris and Milan with registered number OC306535.
The members of Paul Hastings (Europe) LLP are solicitors, registered European lawyers or registered foreign lawyers authorised to practice in England & Wales.
The word "partner" is used to refer to a member of Paul Hastings (Europe) LLP. A list of members is open for inspection at the registered office, Ten Bishops Square, Eighth Floor, London, E1 6EG.
Paul Hastings (Europe) LLP is a ‘recognised body’ as defined in the Solicitors Code of Conduct 2011, authorised and regulated by the Solicitors Regulation Authority (SRA) whose rules can be obtained from www.sra.org.uk/handbook/. The firm’s SRA number is 398385.
Lawyers practising other than as England and Wales solicitors are also regulated by the relevant professional body in their place of admission.
We encourage you to contact us in the first instance if you are unhappy with the service you receive from us and we suggest initially that you contact the person responsible for the particular matter whose name and email address will have been identified to you in the engagement letter.
A copy of Paul Hastings (Europe) LLP complaints procedure is available on request from the London office.
COMPLAINTS AND THE EUROPEAN COMMISSION’ S ON LINE DISPUTE RESOLUTION PLATFORM
If we are unable to resolve your complaint, and it relates to a contract we entered into online or by other electronic means, you may be able to submit your complaint to a certified alternative dispute resolution (ADR) provider in the United Kingdom via the European Commission’s on line dispute resolution platform ‘ODR platform.’ The ODR platform is an interactive website offering a single point of entry for disputes between consumers and traders relating to online contracts. It is available to consumer clients only i.e. where you have instructed us for purposes outside your trade, business, craft or profession. The website address for the ODR platform is: ec.europa.eu/odr.
COMPLAINTS AND THE LEGAL OMBUDSMAN
The Legal Ombudsman is an independent ombudsman scheme that resolves complaints about lawyers to which clients may refer complaints if we cannot resolve them.
The contact details are:
PO Box 6806, Wolverhampton WV1 9WJ
Telephone: 0300 555 0333 or dialling from outside the United Kingdom telephone +44 121 245 3050
PROFESSIONAL INDEMNITY INSURANCE
The Firm maintains compulsory professional indemnity insurance. Further details of our compulsory layer of professional indemnity insurance, contact details of our insurers and the territorial coverage of our insurance can be obtained from the firm’s Compliance Officer for Legal Practice in London, Ronan O’Sullivan at email@example.com or by telephoning +44 20 3023 5127. Details of the minimum terms for the compulsory insurance can be found at http://www.sra.org.uk/solicitors/code-of-conduct/professional-indemnity/minimum-terms-conditions.page.
Our VAT number is: GB927478385
Paul Hastings (Europe) LLP
TaunusTurm – Taunustor 1
60310 Frankfurt am Main
Telephone: +49 69 907485 0
Fax: +49 69 907485 499
Paul Hastings (Europe) LLP is represented in the Federal Republic of Germany by the managing partner of our Frankfurt Office, Dr Christopher Wolff, Paul Hastings (Europe) LLP, TaunusTurm – Taunustor 1, 60310 Frankfurt am Main.
The VAT identification number according to § 27a of the German Value Added Tax Act (Umsatzsteuergesetz – UStG) is DE258445097.
Our legal services in the Federal Republic of Germany are provided by Paul Hastings (Europe) LLP, a limited liability partnership under English law, registered in the companies register of England and Wales under OC306535, with offices in London, Brussels, Frankfurt am Main and Paris. Paul Hastings (Europe) LLP is a law firm authorized by the Solicitors Regulation Authority of England and Wales and as such is subject to the Authority's terms and conditions.
"Partner" means shareholders of Paul Hastings (Europe) LLP as well as employees of Paul Hastings (Europe) LLP with a corresponding position and qualification. A list of names of the shareholders of Paul Hastings (Europe) LLP and of the persons who are not shareholders, but are referred to as partners as well as their respective professional qualifications is available at the corporate seat of the partnership at 100 Bishopsgate, London EC2N 4AG, United Kingdom. These persons are German or foreign lawyers who are registered as national, European or foreign lawyers at their respective location.
1. Bar Association Membership of the Lawyers
All professionals employed at the Frankfurt Office of Paul Hastings (Europe) LLP are admitted to the bar in the Federal Republic of Germany and are members of the below-mentioned local bar association (Rechtsanwaltskammer), which is also the competent supervisory authority for lawyers based in Frankfurt am Main.
Bar Association Frankfurt am Main
Bockenheimer Anlage 36
60322 Frankfurt am Main
2. Professional Regulations for Lawyers
All lawyers employed at the Frankfurt Office of Paul Hastings (Europe) LLP as well as the lawyer-notary Dr Regina Engelstädter in her capacity as lawyer are subject to the following professional regulations as amended from time to time:
Lawyers are prohibited from representing conflicting interests (§ 43a para. 4 BRAO). Therefore, we always check whether a conflict of interests exists before accepting a new mandate.
3. Chamber Membership of the Notary Public
Dr Regina Engelstädter who is working as both lawyer and notary at the Frankfurt Office of Paul Hastings (Europe) LLP is admitted as a notary in the Federal Republic of Germany and is a member of the below-mentioned local chamber of notaries (Notarkammer). The competent supervisory authority for notaries based in Frankfurt am Main is the president of the regional court (Landgericht) Frankfurt am Main, Gerichtstraße 2, 60313 Frankfurt am Main.
Chamber of Notaries Frankfurt am Main
Bockenheimer Anlage 36
60322 Frankfurt am Main
4. Professional Regulations for Notaries
Dr Regina Engelstädter who is working as both lawyer and notary at the Frankfurt Office of Paul Hastings (Europe) LLP – in her capacity as notary – is subject to the following professional regulations as amended from time to time:
5. Chamber Membership of Tax Advisors
Tax advisors working at the Frankfurt Office of Paul Hastings (Europe) LLP are admitted as tax advisors in the Federal Republic of Germany and are members of the below-mentioned local chamber of tax advisors (Steuerberaterkammer), which is also the competent supervisory authority for tax advisors based in Frankfurt am Main.
Chamber of Tax Advisors of Hesse
60313 Frankfurt am Main
6. Professional Regulations for Tax Advisors
Tax advisors employed at the Frankfurt Office of Paul Hastings (Europe) LLP are subject to the following professional regulations as amended from time to time:
7. Professional Liability Insurance
There is an international professional liability insurance for the benefit of inter alia Paul Hastings (Europe) LLP. In order to comply with the above-mentioned professional requirements, Paul Hastings (Europe) LLP has taken out several further professional liability insurances with HDI Versicherung AG, HDI-Platz 1, 30659 Hannover, covering our activities in the Federal Republic of Germany.
8. Non-Judicial Settlement of Disputes
Paul Hastings (Europe) LLP is neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards (Verbraucherschlichtungsstellen), including the arbitration board of the bar association (Schlichtungsstelle der Rechtsanwaltschaft).