Established 1963

Notice of Collection of Personal Information and Privacy Policy Under the California Privacy Rights Act (CPRA)

Labaton Keller Sucharow LLP (“Labaton,” or the “Firm”) is committed to maintaining the privacy and security of your personal information.

This Notice of Collection Of Personal Information and Privacy Policy (“CPRA Privacy Notice”) applies to the collection of personal information from California residents on and after January 1, 2023. This CPRA Privacy Notice supplements our “Privacy Policy” to provide California residents with information and rights required by the California Privacy Rights Act (“CPRA”). This CPRA Privacy Notice applies only to individuals residing in the State of California who are considered “consumers” under the CPRA and from whom we collect “personal information” as described in the CPRA.

This CPRA Privacy Notice describes the types and categories of personal information we collect, the business purposes for which we collect, process, use, store and disclose your personal information and your rights in personal information under the CPRA. We do not share your personal information with third party advertisers for cross-context behavioral advertising within the meaning of the CPRA (i.e., targeting you with advertising based on personal information obtained across businesses, websites, applications or services, other than the Company’s website or services). We do not sell your personal information. We may disclose your personal information to our service providers and contractors, except where disclosure is required by law to a third party (e.g., a court or opposing counsel) or you provide consent for such disclosure.

For purposes of this CPRA Privacy Notice, we refer to personal information according to the following definition given in the CPRA: “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available information, information that is de-identified or aggregate consumer information, or information or rights that are outside the scope of the CPRA.

By accessing our website, viewing content on our site (including videos), using our legal services or submitting personal information to us, you consent to the collection, processing, use, storage and disclosure of such information as set forth in this CPRA Privacy Notice, as it may be updated from time to time.

What categories of personal information do we collect about you?

We may collect personal information from you in various ways:

  • when you voluntarily provide us with information;
  • when you communicate with us concerning our legal services, including as a client of the Firm;
  • through automated means when you use our website including by use of “cookies”; and
  • through information provided by outside vendors who analyze your usage of our website, such as Google Analytics.

We collect the following categories of personal information. This table also sets out personal information we may have collected over the last twelve (12) months:

CategoriesExamplesRetention PeriodShare with Third Parties
A. IdentifiersThis information may include your name, your family members’ name and contact details (including mailing addresses, telephone numbers, email addresses, IP address, browser or device identifier, and other identifying information you provide to us). For example, we may collect your name and email address when you request to receive information on our services.Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Labaton document retention policy or applicable law.No
B. Customer Information under California Civil Code §1798.80IThis information comprises any information that identifies, relates to, describes or is reasonably capable of being associated with you or your household in our business records. Some personal information in this category may overlap with other categories. Examples include your signature, background information to your claims, information concerning consumer and arbitration agreements you may have previously entered into, and other information you provide to us in connection with our providing legal services to you. Some personal information in this category may overlap with other categories.Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Labaton document retention policy or applicable law.No
C. Commercial InformationThis category includes information concerning our legal services and any retainer agreements.Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Labaton document retention policy or applicable law.No
D. Characteristics of protected classifications under California or federal lawThis category include information such as age, race, color, national origin, gender, citizenship, ethnicity, disability, sexual orientation, veteran or military status, religion, or marital status that you may voluntarily provide to us in connection our providing legal services.Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Labaton document retention policy or applicable law.
E. Internet and other electronic history

This category comprises electronic information concerning your use of the website (www.labaton.com) and dependent pages (the “Site”). This information may include information we automatically collect as you browse the Site, including your IP address, device type, browser type, and pages visited. We use both session and persistent cookies. We use this information in order to improve and customize your browsing experience and for analytics and metrics about your visits to our Site. For detailed information, please see our Cookie Policy. We also use services provided by Google Analytics, a third party, concerning your use of our Site, which is more fully described in our Privacy Policy. Google Analytics will use cookies to provide us with information concerning your website activity.

Generally, for as long as one [1] yearNo
F. Geolocation data.We may determine your approximate geographic location through your IP address.Generally, for as long as one [1] yearNo
G. Professional or employment related information.Employment related and professional background information may be collected in connection with the Firm’s provision of legal services.Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Labaton document retention policy or applicable law.No
H. Education Related InformationEducational records and related information may be collected in connection with the legal services we provide to you as a client.Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Labaton document retention policy or applicable law.No
I. Inferences drawn from information you provide to create a personal profile concerning your consumer preferences, characteristics, predispositions, behavior, and attitudesWe may accumulate the information you provide in the normal course of the legal services we provide to clients to make inferences concerning your preferences, characteristics, behavior, attitudes, abilities and aptitudes. This may include information you provide to us for the purposes of obtaining legal advice, attending meetings and events, and requesting marking or other information. Similarly, we may develop and communicate marketing and other educational materials concerning our legal services based on information you provide (e.g., requests to subscribe to certain blogs, case related information).Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Labaton document retention policy or applicable law.No

We do not collect sensitive personal information for purposes of inferring characteristics.

In the past twelve (12) months, depending on the individual circumstances, we may have collected the following categories of personal information: [A-I]

For California Job Applicants

If you are a resident of California and applying for a job opening, please see our Notice of Collection of Personal Information and Privacy Policy for California Job Applicants, which you can find on our Careers page.

Our Business Reasons For Collecting And Using Your Personal Information

Depending on the individual circumstances, we collect and use personal information for the legitimate business purposes of Labaton Keller Sucharow LLP. These purposes include to provide legal services, to fulfill the purpose for which you provided us with your personal information, to communicate with you, to perform on a contract between you and the Firm, to market and improve our services to you, to improve the functionality and effectiveness of our Site, to protect the security of our website, to provide you with content (including videos), to comply with applicable law, rules or regulations, and if you are a job applicant, to consider your suitability and qualifications for employment.

Our Categories Of Sources Of Personal Information

Labaton collects personal information from the following categories of sources:

  • directly from you;

  • service providers and contractors providing services on our behalf. We require our service providers and contractors who we provide your personal information to in order to provide services to maintain the privacy and security of your personal information; and

  • third parties, including regulatory authorities, courts and tribunals, government agencies, and opposing litigants.

Who we disclose your personal information to

We do not “sell” your personal information to third parties or “share” your personal information with third parties within the meanings of those terms under the CPRA.

In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, web analytics providers, video content providers, 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. The Company requires its service providers, who provide services on our behalf to maintain the privacy and security of your personal information. By using our Site, you consent to the disclosure of your personal information to our service providers, including but not limited to our video content provider.

We 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 defend against legal claims.

In the past twelve (12) months, we have not shared the categories of personal information collected in Categories [A-I] with third parties.

In the past twelve (12) months, we may have disclosed the categories of personal information collected in Categories [A-I] with the following outside organizations or entities who are not service provider or contractors providing services on our behalf: third parties where required by ethical obligations or court rules, including courts, governmental agencies and opposing parties among others.

Your rights regarding your personal information

Under the California Privacy Rights Act, you have the following rights in personal information held by us:

  • You have the right to request that the Company disclose the personal information that the Company collects, uses, and discloses about you. You may “request to know”: (i) the categories of personal information that the Company has collected about you; (ii) the categories of sources from which the personal information is collected; (iii) the business or commercial purpose for collecting your personal information; (iv) whether any categories of personal information were disclosed for a business purpose to third parties and the categories of third parties with whom the Company discloses your personal information; and (v) the specific pieces of personal information that the Company has collected about you. Your request may pertain to the personal information collected about you on or after January 1, 2022. If your request covers a time period beyond twelve [12] months from the date of your request, the Company may deny your request as to that time period where it would be impossible for the Company to provide you with the information or involve disproportionate effort. The Company may deny your request to search for certain information under certain circumstances (e.g., where the Company retains the information solely for legal and compliance purposes).
  • You have the right under certain circumstances to receive specific pieces of your personal information in a format that is understandable, and to the extent technically feasible, in a structured, commonly used, machine readable format that allows you to transmit the information to another entity.
  • You have the right to correct inaccurate personal information.
  • You have the right to request deletion of personal information under certain circumstances. For example, we may not be required to delete personal information if we need to retain the information to comply with a legal obligation. In addition, we may delay deletion with respect to data stored on an archived or backup system, until the archived or backup system relating to that data is restored to an active system or next accessed or used for a sale, disclosure, or commercial purpose.
  • You have the right to know what information is shared with third parties, and to whom and to opt out of sharing for cross-context behavioral advertising. We do not sell or share your personal information.
  • You have the right not to receive discriminatory or retaliatory treatment for the exercise of any of these rights. We will not discriminate or retaliate against you or refuse to provide you products or services because you have exercised your rights.

You may submit verifiable requests concerning any of your rights by contacting us by telephone at 1-888-753-2796 or by e-mail to Labaton’s Data Privacy Officer at dataprivacy@labaton.com, or by mail to 140 Broadway, New York, NY 10005. We will use reasonable methods for verifying that the person making a request to know, data portability, request to correct inaccurate information or a request to delete is the individual about whom we have collected personal information. This may involve, depending on the nature of the request, confirming that the email address provided corresponds with our records concerning the individual. Additional reasonable measures may also be required to verify the identity of the person making the request depending on the circumstances. For requests to delete submissions made electronically, you may be required to submit the request to delete, and then separately confirm that you want your personal information deleted. To the extent that you wish to use an authorized agent to make requests concerning the rights set forth above, you will need to provide us either with a power of attorney or, alternatively, with signed authorization to communicate with your authorized agent, and directly confirm that you provided the authorized agent with permission to submit the request.

We will (i) confirm receipt of requests to know, data portability, to correct inaccurate information or to delete within 10 business days of the request; and (ii) generally respond to requests to know, data portability, to correct inaccurate information or to delete within 45 calendar days of the request. If we need additional time to respond to your request beyond the 45 calendar days, we will provide you with notice explaining the reasons we need more time, and we will then take up to an additional 45 calendar days to respond to your request.

Access By Persons With Disabilities

Persons with disabilities who need assistance accessing this CPRA Privacy Notice may contact us as provided for above, and depending on your individual needs, the Firm will grant reasonable requests to furnish this policy in an alternative format.

Children

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 information 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. We do not sell any personal information, including the personal information of minors under 16 years of age.

California Shine the Light Law/Online Privacy Protection Act

California Civil Code §1798.83 provides that California residents may request certain information concerning the disclosure of personal information to third parties for direct marketing purposes. Pursuant to California Business Code §§22575-22579, you may review and request changes to any of your personal information that we have collected. Should you wish to request this information or exercise these rights, please reach us at the contact information provided below.

We do not respond to Do Not Track or Global Privacy Control requests. As noted above, we do not “sell” or “share” your personal information within the meaning of the CPRA.

Do we provide financial incentives to California Consumers for providing us with personal information?

Because we are a law firm, we do not offer you various financial incentives such as loyalty programs, discounts and special offers when you provide us with contact information and identifiers such as your name and email address.

Revisions to This CPRA Privacy Notice

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

Contact Us

If you have questions or comments regarding this CPRA Notice and Privacy Policy or if you would like to exercise your rights, please send us an email to dataprivacy@labaton.com, telephone us at 1-888-753-2796 or by mail to 140 Broadway, New York, NY 10005.

Last Updated: April 21, 2023