Legal Notices

Legal Notices

"Sheppard Mullin" refers to Sheppard, Mullin, Richter & Hampton LLP, a California limited liability partnership and its affiliates in the United Kingdom: Sheppard Mullin (UK) LLP, a New York limited liability partnership and Sheppard, Mullin, Richter & Hampton New York, LLC, a New York professional service limited liability company. In accordance with the common terminology used in professional service organizations, we use the term "partner" in this website to refer to a person who is a member, partner or person of equivalent standing or authority in an individual practicing entity. 

DISCLAIMER - TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use apply to you when you view, access or otherwise use the web site located at www.sheppardmullin.com (the "Site").  The Site is owned by Sheppard, Mullin, Richter & Hampton LLP ("Sheppard Mullin").  We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.

1. No Attorney Client Relationship.  We provide this Site for general informational purposes only.  Because Sheppard Mullin is a law firm and some of the information on the Site relates to legal topics, no attorney client relationship is created between you and us when you use the Site.  By using the Site, you agree that the information on this Site does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and Sheppard Mullin.  Do not consider the Site to be a substitute for obtaining legal advice from a qualified attorney licensed in your state.  The information on the Site may be changed without notice and is not guaranteed to be complete, correct or up-to-date.  While we try to revise the Site on a regular basis, it may not reflect the most current legal developments.  The opinions expressed at or through the Site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

2. Privacy.  Your use of the Site constitutes your consent to Sheppard Mullin's privacy policy posted from time to time on the Site.  

3. Copyright Notice.  All materials and software published on or used on the Site are protected by copyright, and are owned or controlled by or licensed to Sheppard Mullin, or the party listed as the provider of the materials or software.  UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.  You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials: 

© Copyright 2016 Sheppard, Mullin, Richter & Hampton LLP.  All rights reserved.  All use subject to Terms and Conditions of Use set forth here

4.  Commercial Use of Sheppard Mullin Site Materials and Screen Shots.  Reproduction, copying, or redistribution of materials on the Sheppard Mullin Site for commercial purposes is prohibited without the express written permission of Sheppard Mullin.  Any use, reproduction, or distribution of material on this Site which constitutes the personal information, property, or photograph or other depiction of any particular Sheppard Mullin attorney may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual attorney.  To obtain permission to copy portions of this site, please send email to info@sheppardmullin.com and provide the following information in the body of the email:

  • the content you wish to use;
  • where, when and how it will be used (for example, a seminar, newsletter or news article);
  • where and how copies will be distributed and to what audience;
  • how many copies will be produced and distributed;
  • what other materials will be associated with the Sheppard Mullin content; and
  • your name, title, company, address, email address and phone number.

We will evaluate and respond to your request as soon as possible.  Sheppard Mullin reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.  

5. Service Mark Notice.  "Sheppard Mullin," "SMRH" and other related marks are service marks of Sheppard Mullin and are protected by law.  They may be used publicly only with permission from Sheppard Mullin.  Fair use of the service marks requires proper acknowledgment.  ALL RIGHTS RESERVED.  

6. Links to Other Sites and/or Materials.  Links may appear on the Site that may be used to link to other Site(s).  These links are provided solely as a courtesy to our Site visitors.  Sheppard Mullin has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites.  Sheppard Mullin is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked Sites or any privacy or other practices of such Sites.  If you decide to access any of the linked Sites, you do so entirely at your own risk.  Sheppard Mullin reserves the right to terminate any link at any time.  

7. Prohibited Actions.  You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.  Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law.  You may not use the Site for anything other than a lawful and legitimate purpose.  You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity.  You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site.  The Site is not intended for use by anyone under the age of 19.  We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.  

8. Modification of Terms and Conditions of Use.  Sheppard Mullin reserves the right to revise these Terms and Conditions of Use at any time by updating this posting.  Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.  

9. Email May Not Be Used to Provide Notice.  Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to Sheppard Mullin or any of its officers, employees, agents or representatives, such as where notice to Sheppard Mullin is required by contract, or any federal, state or local laws, rules or regulations.  

10. Disclaimer; Limitation of Damages.  
(a) Sheppard Mullin expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site.  THE 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, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, SHEPPARD MULLIN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.  

(b) USE OF THE SITE IS AT YOUR OWN RISK.  YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.  

11. Applicable Laws; Venue.  Sheppard Mullin operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations.  The display of the Site alone does not subject Sheppard Mullin to any specific jurisdiction.  Access to the Site from any territory where the content is illegal is prohibited.  If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations.  You may not use or export any of the Site materials in violation of U.S. export laws and regulations.  Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein.  Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of California.  The access, viewing or use of this Site constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.

PRIVACY POLICY FOR PURPOSES OF THE U.S.-EU and U.S.-SWISS SAFE HARBOR

Sheppard, Mullin, Richter & Hampton LLP ("SM") is an international law firm, with clients located throughout the world, including in the European Union ("EU") and Switzerland.  In the course of its operations and through its representation of its clients, SM at times comes into custody of certain personal information.  This Safe Harbor Policy (this "Policy") is being implemented pursuant to the framework of the U.S.-EU and U.S.-Swiss Safe Harbors and adheres to the Safe Harbor privacy principles contained therein.  To learn more about the Safe Harbor program, and to view SM’s certification, please visit http://www.export.gov/safeharbor/. This Policy applies to all personal information received by SM in the United States from the EU and Switzerland.

1.  Notice.  Where SM collects personal information directly from individuals in the EU and Switzerland, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which SM discloses that information, the choices and means, if any, SM offers individuals for limiting the use and disclosure of personal information about them, and how to contact SM.

Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to SM, or as soon as practicable thereafter, and in any event before SM uses or discloses the information for a purpose other than that for which it was originally collected.  Where SM receives personal information from other entities in the EU and Switzerland, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

2.  Choice.  SM will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.  For sensitive personal information, SM will give individuals the opportunity to affirmatively and explicitly consent (opt-in) to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual, unless the purpose is necessary to establish legal claims or defenses.

3.  Data Integrity.  As a part of this Policy, SM ensures that any personal information is relevant for the purposes for which it is used.  SM takes reasonable steps to ensure the data is reliable, accurate, complete, and current for its intended use.

4.  Transfers.  Personal information is not disclosed to third parties other than to certain entities providing services to SM, and then only if such disclosure is permitted under applicable law and only if the third party operates in accordance with SM's privacy and data security standards, and for the purposes of SM's representation of its clients. 

5.  Access.  Upon request, SM will grant individuals reasonable access to personal information that it holds about them and will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, unless such disclosure could interfere with private causes of action or a fair trial.

6.  Security.  SM maintains physical, electronic, and procedural safeguards to protect the confidentiality and security of personal information it has received from the EU and Switzerland.

7.  Enforcement.  SM maintains strict security and confidentiality policies that govern all information any attorney or other personnel of SM receives in the course of his or her employment or association with SM.  All attorneys and personnel are made aware of these policies and SM has in place procedures to train all attorneys and personnel in the implementation of these policies.  Failure to adhere to SM's privacy policies results in appropriate discipline.  SM has in place procedures for periodically conducting objective reviews of compliance with this Policy.

8.  Verifications; Dispute Resolution.  SM's Office of the General Counsel will verify compliance with this Policy in a signed statement that will be updated annually.  This Policy is accurate, comprehensive, fully implemented, and prominently displayed on the SM website. 

Charles Barker, of SM's Office of General Counsel, is the designated contact for handling questions, complaints, and other Safe Harbor-related issues.  Mr. Barker can be reached at cbarker@sheppardmullin.com.  Any complaints concerning this Policy will be investigated, and if SM is unable to resolve the complaint to the satisfaction of all parties, the parties agree to utilize the dispute resolution mechanisms provided for by JAMS (see http://www.jamsadr.com/).

9.  Limitations.  SM's adherence to the Safe Harbor privacy principles may be limited (a) to the extent required to respond to legal or ethical obligations; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by applicable law or regulation.

10.  Amendments.  This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor privacy principles.  If SM decides to amend this Policy, it will inform you by posting the amended Policy on the SM website.  The amended Policy will go into effect on the revision date disclosed in the amended Policy.  This Policy was last revised on: January 2016.

Copyright © 2016 Sheppard, Mullin, Richter & Hampton LLP.  All Rights Reserved.