No Attorney-Client Relationship or Legal Advice is Being Provided: The materials on this website — including articles, alerts, newsletters, blog posts and similar work product — have been prepared by McLaughlin Legal, APC for informational purposes only and are not legal advice. This information is not intended to create — and receipt of it does not constitute — a lawyer-client relationship. This website is intended to provide information and is not guaranteed to be up-to-date or complete. Internet subscribers and online readers should not act upon this information without seeking professional counsel.
Do not send anyone at McLaughlin Legal, APC any information until you speak directly with one of our lawyers and receive authorization to send that information to us. Sending unsolicited confidential information may not be subject to any privilege. Indeed, if you send us such materials, McLaughlin Legal, APC has no duty to keep such unsolicited information confidential, unless we later agree to represent you. Receipt of such materials will also not stop McLaughlin Legal, APC from representing another party in any matter in which that information may be relevant or from using that information.
Merely sending materials or even contacting McLaughlin Legal, APC, a lawyer or other employee, does not create an attorney-client relationship. Such a relationship is created only after an agreement has been reached between you and McLaughlin Legal, APC that we will represent you in a specific matter.
If you are interested in hiring a lawyer in our areas of practice, we would welcome the opportunity to discuss this with you further. We would be happy to send you additional materials about our qualifications and experience or to discuss this with you in more detail. If you are interested in doing so, please contact an individual lawyer directly or send an e-mail to the firm’s Managing Director, Kevan P. McLaughlin. Again, however, please do not send any confidential information to us without receiving explicit authorization from us to do so.
Access to Materials: We welcome visitors to our website and inquiries from any interested third parties. McLaughlin Legal, APC does not agree to provide answers to every inquiry or to provide the information requested to all visitors. The firm reserves the right to provide materials and information only to select visitors, such as its current clients.
Links to Other Resources: This website contains many hyperlinks to other resources on the Internet. These links are provided to help you identify and locate other resources that may be of interest to you. They are not intended to state or imply that McLaughlin Legal, APC sponsors any of the material associated with these hyperlinks. These hyperlinks are also not intended to state or imply that McLaughlin Legal, APC is affiliated with, is associated with, or is legally authorized to use any trade name, trademark, logo, seal, or copyrighted symbol that is reflected in the hyperlinks.
Security of the Website: Please note that electronic mail interchange to anyone at this site may not be secure.
Limitations of Liability; No Warranties Are Provided: You use this website and the materials contained on it at your own risk. This website and the materials available on or throughout it are provided “as is.” McLaughlin Legal, APC does not make any warranties, representations, or claims of any kind about such information. For example, the materials contained here may not be up-to-date, may not reflect the most current laws or changes in the law, or may not apply to your individual circumstances. These materials should in no way be read as an indication of future results. McLaughlin Legal, APC is not responsible for any errors or omissions in the content of this website or for any damages arising from the use or performance of this site.
We will also not be liable for any loss or damage you may experience from any distributed viruses, denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material, due to your use of our website or from downloading material on it or linked to it.
Lawyer Advertising: In some jurisdictions, portions of this website may be considered advertising. Hiring a lawyer is an important decision. It should not be based solely upon written information about our qualifications and experience.
To the extent that the Bar rules in your jurisdiction require us to designate a principal lawyer responsible for the Web Page Set, McLaughlin Legal, APC designates firm attorney, Kevan P. McLaughlin.
Firm Structure: McLaughlin Legal, APC is an S-corporation established under the laws of the state of California.
Copyright: The materials on this website that were produced or written by McLaughlin Legal, APC personnel are copyright of McLaughlin Legal, APC. You may download this material for your own personal, noncommercial use. This copyright protection also encompasses the McLaughlin Legal, APC name, logos, branding, and associated design elements, including but not limited to the graphics, text, photos, computer code, layout, and presentation of this website and the firm’s advertising. You are not permitted to otherwise copy, reproduce, republish, download, post, broadcast, transmit, or otherwise make these materials available to the public — in whole or in part — without McLaughlin Legal, APC’s prior written permission.
Access Limited to Users Who Agree to Conduct Themselves Lawfully and In Compliance With McLaughlin Legal, APC Policies: By using this website, you agree that you will not use it for any purpose that is unlawful or that could interfere with or impair the operation and functioning of this website. You also agree that you will not e-mail or otherwise transmit to us or any third party any copyrighted material of which you are not the owner; information that violates or breaches applicable laws or regulations (including privacy and data protection laws); or information that is offensive, threatening, abusive, harassing, discriminatory, defamatory, or otherwise damaging to McLaughlin Legal, APC or any third party.
You also agree that you will not attempt to gain unauthorized access to this website or any server, computer, or database connected to this website. You agree not to e-mail or transmit any viruses, trojans, worms, or other material that is malicious or harmful to the hardware, software, or other technology used by the website or the firm. You also agree that you will not take any action that will harm, attack, or impose an unreasonable or disproportionately large load on the website or the computer infrastructure used by McLaughlin Legal, APC. You further agree not to use any engine, tool, agent, software, or another device to search the website, other than those generally available to the public. Finally, you agree not to attempt to decipher, disassemble, or reverse engineer any of the software that is part of our website. This website and the materials associated with it are not available for use by visitors who do not comply with these conditions.
Termination: We reserve the right to terminate your access or any subscription for any reason, including, without limitation, lack of use, violation of applicable laws, or misuse of the website or its materials. You understand and agree that this may occur and that it may be without prior notice and that McLaughlin Legal, APC is not responsible for any damage or loss to you from such termination.
Changes to Disclaimers: We reserve the right to change McLaughlin Legal, APC’s disclaimers, policies, and conditions of use at any time without notice.
If you have any questions about these policies, you may send an email or letter to the firm.
ONLINE PRIVACY STATEMENT AND COOKIE POLICY
As professionals engaged in the provision of legal services to clients worldwide, McLaughlin Legal, APC, including its affiliated partnerships, (collectively, the firm) is committed to protecting the privacy of confidential and “Personal Information” (information that directly or indirectly identifies individuals who may be clients, staff, agents, lawyers, law students, job applicants or others inside or outside the firm). It has always been and remains the policy of the firm to comply with the rules of professional conduct, which impose a duty to preserve and protect confidential client information, upon lawyers and their associated personnel.
This Privacy Statement and Cookie Policy (the “Statement”) is based on the privacy and data protection principles common to the countries in which we operate. We apply it in light of our overarching obligations to comply with law, to preserve client confidentiality and to represent our clients as effectively as possible within the bounds of the law. This Statement is intended to summarize the firm’s data protection practices generally, and to advise our clients, interested law students, job applicants, website visitors, and other third parties about the firm’s privacy policies that may be applicable to them.
This Statement is also specifically addressed to parties outside the firm who provide Personal Information to the firm or who visit or use the firm’s websites, our apps, our social media sites, our extranets, as well as email messages that we send to you that contain a link to this Statement (collectively, the “Internet Services”). This Statement also describes how the firm collects, processes and discloses Personal Information in connection with the provision of legal services and the Internet Services.
Collection and Use of Personal Information
The firm collects Personal Information in the course of providing legal services to clients and as provided by visitors to its website or users of Internet Services. We may also collect Personal Information about you when you interact with us on social media sites and from other third parties and may also automatically collect information that may contain Personal Information as described below in the cookie policy.
We may use that Personal Information where in our legitimate interest to do so for the following purposes:
Confidentiality, Security, and Retention of Personal Information
Consistent with our professional obligations, it has always been the policy of the firm to exercise the utmost discretion regarding the information our clients entrust to us.
We maintain reasonable and appropriate, albeit not infallible, physical, electronic and procedural safeguards intended to maintain the confidentiality of Personal Information, including that provided by a visitor to this website and provided while using other Internet Services. We do not guarantee that our safeguards will always work.
We require consultants, suppliers and vendors to maintain data protections consistent with reasonable and appropriate obligations of data processors, including, where applicable, California's data protection laws and regulations.
We may retain information provided by you, including Personal Information, for as long as necessary to comply with our legal obligations, or to achieve the purposes for which the information was originally collected and for the purposes described in the Statement and in our applicable policies. If you wish to obtain more details on our information practices, please refer to the “Contact Us” section below.
Disclosure and Transfer of Personal Information
We do not disclose any Personal Information to unrelated parties outside of the firm except in limited circumstances. Such circumstances include disclosures to our agents or data processors or other contractors acting on our behalf and at our direction, subject to appropriate confidentiality, privacy and information security commitments provided by the receiving party, or where we believe it necessary to provide a service which you have requested, or as permitted or required by law, or as otherwise authorized or directed by you. Consistent with our professional obligations, we may provide Personal Information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of our legal defenses or for our compliance matters.
As an national firm, we operate systems that may make data related to your matters accessible from our various offices around the world and often transfer client data which may include Personal Information between our offices.
Cookie Policy
A cookie is a text file sent by a web server and placed on your computer by your web browser. Cookies can be usefully divided into two different types, session and persistent. Session cookies differ from persistent cookies primarily in that session cookies are temporary and expire and are normally deleted when you close your browser. Persistent cookies, in contrast, remain stored on your computer after you close your browser until they are deleted either because they expire or you delete them. The firm uses session cookies in connection with its Internet Services, except for Internet Services that require you to log in, such as our client extranets, and a Region Code cookie that persists over time and ensures that you are directed to the correct version of our website.
Cookies are often used in conjunction with other Internet technologies, such as web beacons, to understand behavior on the Internet. For example, the firm uses cookies in conjunction with web beacons, which are small sections of code that we may place in our Internet Services to understand the number of unique users that have visited a specific page. Similarly, we may use or receive reporting from tracking scripts that recognize unique cookies issued by another website. These tracking scripts are not used to gather information on your use of the Internet unrelated to the firm, and they do not identify you unless you choose to provide Personal Information to the firm.
The firm’s Internet Services use cookies. The firm uses session cookies in connection with its Internet Services, specifically for cybersecurity purposes, to provide you with customizations of your experience, such as highlighting your recently viewed items, to detect and remember your region and language preferences, and track your activities on the Internet Services. We also use a Region Code cookie that persists over time and ensures that you are directed to the correct version of our website.
Although the firm uses the services of third parties in connection with these cookies, we do not allow the third-party service provider to use Personal Information about the users of our Internet Services.
None of these cookies are strictly necessary to access our Internet Services. You may reset your browser to refuse all cookies or to allow your browser to alert you when a cookie is set, however, certain parts of the Internet Services may function differently and not as well. Unless you have adjusted your browser setting so that it will refuse cookies, our Internet Services will issue cookies when you logon to the firm’s Internet Services. Please note that you need to configure each browser on each device that you use if you wish to opt-out or block some or all cookies.
Do Not Track Signals
“Do Not Track” signals are options available on your browser to tell operators of websites that you do not wish to have your online activity tracked. Our websites operate no differently if these “Do Not Track” signals are enabled or disabled. Our Internet Services do not allow any third parties to collect Personal Information about your online activities over time or across websites for their own purposes.
Children
In order to respect the privacy of minors, the firm does not knowingly collect, maintain or process Personal Information submitted online via our Internet Services by anyone under the age of 18. To the extent the firm collects Personal Information on minors in the context of one of the purposes mentioned in the Statement, the firm will only do so with the appropriate consent or as otherwise permitted under applicable laws.
Your California Privacy Rights
Under California Civil Code Section 1798.100 (California Consumer Privacy Act), California residents may have certain data protection rights regarding their Personal Information. These rights which may be subject to limitations and/or restrictions include: (i) the right to disclosure, deletion, access, and nondiscrimination; and (ii) the right to opt out of having your Personal Information shared or sold. The firm does not sell or share your Personal Information with third-party companies for their direct marketing purposes without your consent. To exercise your rights under the California Consumer Privacy Act, please send us your request using the “Contact Us” section below.
The following are categories of Personal Information defined under the Act we may collect, receive, or maintain in the course of administering firm business or receive from a client in the course of providing legal services: Identifiers, Personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law, Commercial information, Biometric information, Internet or other electronic network activity, Geolocation data, Sensory data, Professional or employment-related information, Non-public education information, and inferences drawn from other personal information.
Changes
We reserve the right to change this Statement at any time without advance notice. Should any new policy go into effect for our Internet Services, the firm will post it on this website and relevant Internet Services.
Contact Us
If you have any questions relating to our use of your Personal Information please contact the firm's Managing Partner, Kevan McLaughlin (kevan@mclaughlinlegal.com), or by mail at:
McLaughlin Legal, APC
5151 Shoreham Place, Suite 120
San Diego, CA 92122
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