Labaton Keller Sucharow LLP Privacy Policy

Labaton Keller Sucharow LLP, and its affiliated global entities (collectively, “Labaton”) is committed to maintaining the privacy and security of your Personal Data in compliance with all applicable laws. You may find a list of our global offices by clicking here. Each of our locations may collect and process your Personal Data (defined below).

We collect and process your Personal Data fairly and lawfully and in order to carry out our lawful business activities. This Privacy Policy describes the types of Personal Data we collect and the business purposes for which we collect, process, use, store and disclose your Personal Data. This Privacy Policy includes Labaton’s practices with respect to (i) the Personal Data we process on Labaton’s website (www.labaton.com) and dependent pages (the “Site”); (ii) the way we use Personal Data we process from the Site; and (iii) how we disclose this information to outside organizations and other third parties.

We encourage you to read this Privacy Policy. Additional information concerning the business purposes for collection and processing may be provided to you at the time when the Personal Data is provided. If you have any questions concerning the Privacy Policy or Labaton’s processing of your Personal Data, you may contact Labaton’s Privacy Officer at dataprivacy@labaton.com.

What Personal Data does Labaton collect and process?

For purposes of this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Personal Data does not include information that is anonymized.

“Special categories” of Personal Data refers to information concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

Labaton processes all or some of the following Personal Data provided by you or other sources:

• Contact information such as your name, address, telephone number, email address;
• Governmental identifiers;
• Educational history;
• Employment history;
• Financial information, including bank or financial account numbers;
• Demographic information, such as gender or age;
• Professional background;
• Electronic information, such as IP address, browser information and device identifiers, and other electronic information automatically logged by webservers or other computerized systems;
• Special categories of Personal Data provided to us by you, or on behalf of our clients or obtained in the course of providing our legal services; and
• Other information that you or other sources may provide to us that may reasonably be used to identify you or someone connected to you.

How do we collect your Personal Data?

We may collect Personal Data from and about you in various ways:

• when you voluntarily provide us with information;
• when you communicate with us concerning our legal services;
• when a client or other third party provides us with information;
• through automated means when you use our Site including our use of “cookies”;
• through electronic systems that monitor usage of our Site and
• through information provided by outside vendors who analyze your usage of our website, such as Google Analytics (discussed below); and
• when we provide legal or other related services.

We may ask that you provide Personal Data at various times and locations through the Site.  For example, if you register with the Site to request information about Labaton and our legal services, you will be asked to provide information such as your name and email address. You may also choose to volunteer additional Personal Data by completing forms on other sections of the Site, for example to receive newsletters, information on seminars or events, or on our Careers site.

By accessing our Site, viewing content on our Site (including videos), using our legal services or submitting Personal Data and other information to the Site, you consent to the collection, use, processing, storage, and disclosure of such information as set forth in this Privacy Policy, as it may be updated from time to time. Special categories of Personal Data will be processed only when required or permitted by law or when you provide express consent.

You may withdraw your consent to processing at any time. Please see the section on “Do you have rights in your Personal Data?” below.

Do we use Cookies?

A “cookie” is an element of data that a website can send to your browser, which may then be stored on your computer. Labaton uses different kinds of cookies on the Site. We use necessary cookies to make our Site work. If you consent, we will also use performance and analytics cookies to help us improve our Site.

Labaton uses both session and persistent cookies. For detailed information please see our Cookie Policy.  You may set your browser to refuse necessary cookies but if you do so your user experience may be adversely affected and you may not be able to access certain information on the Site. To universally Opt-Out from Google Analytics cookies, you can click here.

Will we honor Do-Not-Track signals?

Your browser may allow you to send “do-not-track” requests to websites you visit. We do not respond to Do Not Track or Global Privacy Control requests. We do not “sell” your Personal Data to third parties or “share” your information for purposes of targeting you with ads based on your online activity at other websites.

Do we use Google Services?

On the Site, Labaton uses several services provided by third party Google, Inc. (“Google”).

This Site uses Google Analytics, a web analytics service provided by Google.

Google Analytics will use “cookies” to provide us with information concerning your website activity. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the Site, compiling analytics, demographics and interest reports on website activity for website operators and providing other services relating to website activity and Internet usage to the website provider. Google will not associate your IP address with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this and disable necessary cookies, you may not be able to use the full functionality of this Site. For more information regarding how Google Analytics collects and uses your Personal Data please visit http://www.google.com/policies/privacy/partners/. By agreeing to analytics cookies, you consent to the processing of data about you by Google as described here and in Google’s privacy policy. You can control the information provided to Google by using one of the methods set forth in http://www.google.com/policies/privacy/partners/ or use the Google Analytics opt out browser add-on at http://tools.google.com/dlpage/gaoptout?hl=en.

Text Messaging Terms and Conditions

Labaton Keller Sucharow LLP may send you a text message via SMS if you are involved in an action or potential action when you opt-in or consent to receiving those messages. Such text messages may include updates, requests, or questions about your involvement in the case. Applicable messaging and data rates may apply.  Messaging frequency varies. We will not share your SMS opt-in or consent data with any third party for purposes unrelated to providing you with legal services related to your involvement in the case. No mobile telephone information will be shared with third parties for marketing/promotional purposes. We may share your SMS opt-in or consent data with our service providers that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. If you would like to stop receiving text messages from Labaton Keller Sucharow LLP at any time, please reply STOP or contact us at dataprivacy@labaton.com. After you send the message “STOP” to us, you will receive a message to confirm that you have been unsubscribed. If you would like to talk to a client services specialist, you can text HELP at any time. If you have any questions, please email us at info@labaton.com.

Do we take steps to protect your Personal Data?

Labaton has appropriate technical, physical and administrative measures in place designed to protect your Personal Data from loss, misuse, unauthorized access, disclosure, alteration or destruction taking into account the nature of the Personal Data, emerging threats, the risks of collection and processing, best practices for securing the data and the associated cost of implementation. Please also read our Attorney Advertising Disclaimer before sending any information to us.

What are Labaton’s legitimate interests in processing your Personal Data?

The information collected by and through this Site may be used by Labaton and other entities that are involved in the operation of this Site for Labaton’s lawful business purposes. These purposes may include to administer to and maintain the security of our Site.

Labaton will use Personal Data only for the purpose for which it was provided, as well as other purposes for which the user gives consent. This includes, but is not limited to, the following purposes:

• Contact Forms: If you contact us by using the contact form on the Site, we use the information you provide to get in contact with you and to answer your queries.
• Events: If you register for one of our events, we use the information you provide to register you for the event and to provide you with information about the event. Please note that we may also disclose your name, professional title and your professional address to other people that are attending the same event.
• Marketing: You may subscribe or unsubscribe to receive Labaton communications on various subject matters, such as alerts on important legal developments, newsletters and invitations to live events and webinars, as well as firm news and announcements.
• Services: To provide legal and other services requested by you, or by our clients, including to investigate and prosecute claims.
• Other purposes incidental to and consistent with the above purposes where permitted by applicable law.

What are the lawful basis for processing your Personal Data?

Labaton is committed to processing Personal Data only when there is a lawful basis including:

• the Data Subject has given consent to the processing of his or her Personal Data for one or more specific purposes.
• where we process the Data Subject’s Personal Data, solely upon the Data Subject’s consent, where the Data Subject  has the right to withdraw consent at any time;
• processing is necessary for the performance of a contract to which the Data Subject is a party or in order to take steps at the request of the Data Subject prior to entering into a contract;
• processing is necessary for compliance with a legal obligation to which Labaton is subject;
• processing is necessary in order to protect the vital interests of the Data Subject or of another natural person;
• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Labaton;
• processing is necessary for the purposes of the legitimate interests pursued by Labaton or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require
• processing of special categories Personal Data shall only occur where the Data Subject has given explicit consent to the processing of the Personal Data for one or more specified purposes or where permitted or required by applicable law.

We will not use your Personal Data in connection with any automated decision-making process or for any profiling purpose.

Do we transfer data across borders?

Labaton’s headquarters are located in the United States. We are an international law firm and maintain offices outside the United States. Personal Data is shared between our offices in order to provide legal services.

Our servers are located in the United States or, if located in other countries, may be accessed from the United States.  Please note that in countries outside your own country, and in particular outside the EU and EEA, a different standard on data protection might apply than you are used to in your own country.

By using our Site or providing Personal Data from outside the United States, you acknowledge and consent that your Personal Data will be transferred across national borders, including to countries outside the EU/EEA.

To govern transfers of Personal Data from the UK/EU/EEA to recipients outside the UK/EU/EEA, we have in place appropriate safeguards, which may include adhering to model contractual clauses or other transfer addendums adopted by the European Commission and/or the EU Information Commissioner. We are happy to provide you with a copy of the standard data protection clauses or addendums upon request.

Because we maintain offices in different countries, any one or more of our offices may act as Data Controllers or Data Processors depending on the particular individual circumstances as defined by GDPR.

Do we disclose your Personal Data to outside organizations?

Any Personal Data that you provide to us will be used for our business purposes only. Your information will not be disclosed to other individuals or other companies other than as described in this Privacy Policy.

In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, IT services providers, shipping or direct mail organizations, e-discovery or other technology vendors hosting case related data, other vendors we may use to support the legal services we provide to our clients such as photocopying, accountants, actuaries and other experts, storage facilities, or parties assisting us in a employment recruitment process. Labaton requires its service providers, who provide services on our behalf to maintain the privacy and security of your Personal Data. By using our Site or providing us with your Personal Data, you consent to the disclosure of your Personal Data to our service providers, including but not limited to our video content provider.

We further may disclose any information, including Personal Data, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to protect ourselves from fraudulent or illegal activity, and to prosecute or defend against legal claims. Such disclosures may include to our auditors, advisors, accountants, lawyers, barristers, solicitors and to regulators, courts, law enforcement and governmental agencies. We may also disclose your Personal Data to opposing counsel or parties involved in your or our clients’ legal matters, including when required by applicable court or ethical rules. These parties may be located outside the country of your residence.

We do not share your personal information with third party advertisers for purposes of targeting you with advertising based on information obtained.  We do not sell your Personal Data.

Does Labaton provide links to Third-Party Sites?

Our Site may contain links to other third-party sites. When you click on one of these links you are visiting a website operated by an entity other than Labaton, and the operator of that website may have a different privacy policy. Labaton is not responsible for third-party operators’ individual privacy practices. We encourage you to investigate the privacy policies of these third-party operators.

Does Labaton seek parental consent for children under 13 years of age?

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not access, use or provide any information on the Site or on or through any of its features. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

How long does Labaton retain your Personal Data?

Personal Data will be stored as long as the information is required to fulfill our legitimate business needs or the purposes for which the information was collected, or for as long as is required by law. Personal Data will be maintained for at least the minimum time period that retention is required under Labaton’s records retention schedules.

Do you have rights in your Personal Data?

You have the following rights in your Personal Data held by Labaton:

• right to access your Personal Data and request certain information concerning your Personal Data, such as an explanation of the purpose of the processing and disclosure of outside organizations to whom Labaton discloses the Personal Data;
• right to rectify inaccuracies in your Personal Data or to ensure that it remains up to date.  Labaton is committed to ensuring that your information is accurate and kept up to date.  Please inform us of any changes to your Personal Data;
• right to erasure of your Personal Data under certain circumstances.  For example, you may request erasure if the data is no longer needed in connection with the reasons it was collected or processed or if you withdraw your consent to further processing.  Labaton may deny your request where it is required or permitted by law to retain your Personal Data or when we need to retain your information in connection with the exercise or defense of legal claims;
• right to restrict processing of your Personal Data where you contest the accuracy of the data in order to permit time to rectify the inaccuracies and in other circumstances;
• right to data portability by requesting a copy be provided in a structured, commonly used and machine-readable format and/or requesting that Labaton transmit your Personal Data to a third party where technically feasible;
• right to object to processing of your Personal Data where you contest that the processing is necessary for the purposes of Labaton’s or its business partners’ legitimate interests. Labaton may deny your request because it has compelling legitimate business interests or the exercise or defense of legal claims.  You may also advise us at any time that you no longer wish to receive direct marketing materials from Labaton;
• right to bring a complaint before the applicable governmental privacy regulator or local supervisor authority in the country where you reside; and
• other rights that may be available to you consistent with applicable local law.

You may contact the data privacy officer concerning your rights.

If you wish to make a formal request for information we hold about you, you can contact us at dataprivacy@labaton.com.

Revisions to This Privacy Policy

Labaton reserves the right to change this privacy policy at any time whereby relevant changes take effect for the future. The applicable version of this Privacy Policy is available on the Site. Please check this Privacy Policy regularly, and before you submit additional Personal Data via the Site.

Contact

The Site is owned and operated by Labaton Keller Sucharow LLP.

If you have questions or comments regarding this Privacy Policy or if you would like to exercise your rights, please send us an email to dataprivacy@labaton.com, by telephone at +1 888.753.2796 or by mail to 140 Broadway, New York, New York 10005.

(Updated / Effective: May 2024)