Legal | White & Case LLP International Law Firm, Global Law Practice

Legal

Terms and Conditions

Effective July 1, 2004

Welcome to whitecase.com (the "Site"). This Site is operated by White & Case LLP ("White & Case"), a limited liability partnership with offices in numerous countries. Please read these Terms of Use carefully before using this Site. By using the Site, you agree to be bound by these Terms of Use. White & Case reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Site thereafter will constitute agreement with such modifications.

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Although this Site may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. You agree that White & Case is not engaged in rendering legal services or advice by providing the information and materials on this Site, and that your use of the Site does not create any attorney-client relationship between you and White & Case. White & Case assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this Site. While White & Case takes reasonable measures to keep the information on this Site accurate, complete and up to date, White & Case will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.

All materials contained on this Site, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by White & Case or its affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the prior written approval of White & Case.

This Site may include links to other Internet sites that are beyond the control of White & Case. White & Case is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

The materials provided on this site are provided "as is" and without warranty of any kind, express or implied. White & Case disclaims all express and implied warranties with regard to the information and materials contained on this site, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement.

In no event shall White & Case or its partners or affiliates or contributors to this Site be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site. You hereby waive any and all such claims against White & Case, its partners, affiliates and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.

You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend and hold harmless White & Case, its partners, affiliates and contributors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this Site.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any dispute between you and White & Case regarding the content or use of the Site shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association, with hearings held in the English language in New York, NY, US, and shall not be joined with any dispute that any other person or entity may have with White & Case.

Unless otherwise indicated, attorneys listed in this website are not certified by the Texas Board of Legal Specialization. None of the attorneys listed in this website is certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in any jurisdiction in the US.

White & Case's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

Social Media

White & Case reserves the right to remove commentary on its social media channels. We will remove posts that are outside the original intent of the conversation, as well as those that are offensive or illegal. In addition, posts that drive to an individual's websites or products with the intent of personal gain, or those that disclose confidential information, will be removed.

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Location Specific

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Germany

The privacy policy which applies outside the European Union ("Global Privacy Policy") can be found here. The privacy policy which applies for White & Case in Germany ("Datenschutz & Haftung") remains unaffected.

Legal form

White & Case is a global law firm comprising: White & Case LLP, a limited liability partnership registered in the State of New York in the United States of America; White & Case LLP, a limited liability partnership registered in accordance with English law, and other affiliated entities. The partners of our German offices are members of the limited liability partnership constituted under the laws of the State of New York. Accordingly, the individual partners’ personal liability is limited.

Deutschland – Rechtliche Hinweise

Professional Liability Insurance 2009

In accordance with Regulations 8(1)(n) and 8(2) of the Services Regulations, each of White & Case LLP, White & Case (Europe) LLP and White & Case (International) LLP, as a "recognised body" regulated by the Solicitors Regulation Authority, has in place professional indemnity insurance (the "Mandatory Policy") which complies with the requirements of the Solicitors' Indemnity Insurance Rules 2009 (the "SII Rules"). The insurer under the Mandatory Policy is Liberty Mutual Insurance Europe Limited, a "Qualifying Insurer" for the purposes of the SII Rules, whose registered office is at Third Floor, Minster Court, Mincing Lane, London EC3R 7YE. The Mandatory Policy provides insurance coverage of £3 million for each and every claim. This insurance coverage is for claims brought against the insured entity wherever arising and is not therefore subject to territorial restriction.

Information about Dispute Resolution

The Firm's terms of engagement for its London office contain certain information on complaints handling. The Firm's London office has in place a written mandatory procedure which it follows in its handling of a complaint from a client. A copy of this Complaints Handling Policy will be provided to any client on request.

In certain circumstances (and as referred to in the Complaints Handling Policy) a complaint may be referred by a client to the Legal Ombudsman ("LeO") if, at the conclusion of our internal complaints handling process, a client does not consider the outcome of the matter to be satisfactory. In normal circumstances, the LeO will only investigate a matter if referred to it within six months of the conclusion of our complaints handling process (i.e., the date on which a final written response in respect of the matter is received).

Not all clients will be entitled to have their complaint considered by the LeO, as this service is only available to members of the public, very small businesses, charities, clubs and trust. For clarification as to whether the LeO will hear a complaint, to notify a complaint, or to obtain further information, the LeO's contact details can be found at www.legalombudsman.org.uk.

Client Money – Interest Policy

The Interest Policy (the "Policy") sets out the interest payment and banking arrangements that apply to money held by the London office of White & Case LLP on behalf of clients ("client money").

References in this Policy to "White & Case LLP" or "the Firm" are to White & Case LLP, a limited liability partnership with registered number OC324340 and registered office at 5 Old Broad Street, London EC2N 1DW.

The principal objective of this Policy is to achieve what White & Case LLP believes is a fair outcome for both the client and the Firm in relation to interest payments on client money, having regard to the particular circumstances and purpose for which such client money is held by the Firm.

When White & Case LLP receives client money, it will be paid into a general client account with NatWest Bank (a member of the Royal Bank of Scotland Group) which is the Firm's primary banker for client money (the "general client account").

The rate of interest on client money held in the general client account is in line with NatWest published rates on its client deposit manager accounts.

Interest is paid by NatWest Bank to White & Case LLP on the aggregate of all client money held in the general client account, is for the benefit of White & Case LLP and will be applied by White & Case LLP to client money in accordance with this Policy.

Interest on client money held in the general client account will be at a reasonable rate determined by the Firm and applied in accordance with a client’s instructions where it is agreed by the Firm and a client that interest will be paid to that client. In the absence of such instructions, interest will be applied to the balance on closure of the matter for which the client money was held.

Interest on client money held in the general client account will not be applied or paid to a client if the interest calculated on the balance held for that client over the entire period is less than £50.

Client money may be transferred from the general client account to a designated deposit account by White & Case LLP (subject to a £1,000,000 minimum) or on client request in order to achieve a better rate of interest where it is appropriate to do so, having regard to the particular circumstances.

The rates of interest on a designated deposit account will be set at the rate negotiated by White & Case LLP with that particular bank.

All interest on client money held in a designated deposit account is for the benefit of the client and interest can be paid monthly, quarterly or on closure, as agreed with the client.

Any trust money held by the Firm will be placed either in the general client account or in a designated deposit account and will be subject to the interest terms applicable to those accounts as set out in this Policy.

Any client money held in a joint account by White & Case LLP with another account holder will be held in a designated deposit account and subject to the interest terms applicable to such account as set out in this Policy, unless otherwise agreed.

White & Case LLP will ensure that client money is placed with a clearing bank which is authorised by the Financial Services Authority to accept deposits, and is held at a branch or head office in England and Wales, unless the Firm is instructed to hold the funds elsewhere.

All client money, whether held in the general client account or a designated deposit account, will be held on instant access terms unless otherwise instructed by and agreed with the client. This is consistent with the purpose for which client money will be held, namely as a necessary part of the retainer and on a short term basis in order to facilitate a transaction related to the matter on which the Firm has been retained by the client (for example, payment of filing fees). Accordingly, clients are unlikely to receive as much interest on client money as might have been obtained had the client invested the funds itself.

The Financial Services Compensation Scheme (FSCS) operates a deposit protection scheme providing up to £85,000 for an eligible claimant in the event of a bank failure. If the bank in which White & Case LLP holds client money should fail, the Firm will, subject to a client meeting the eligibility criteria, apply to the FSCS on the client’s behalf for compensation. The Firm is required to obtain client consent before disclosing certain account information to the FSCS, including the client’s full name and address. The FSCS will not pay compensation to an eligible claimant unless the claimant has been properly identified to the FSCS.

The Firm will not be liable to a client for any loss, damage, cost or claim suffered or incurred in connection with client money held by White & Case LLP as a result of any act, omission, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system, nor as a result of any decision taken by the FSCS (including non-payment of compensation).

UK Tax Policy

This policy describes the tax approach followed by White & Case LLP (White & Case UK or we), a limited liability partnership registered in England and Wales, and all subsidiaries, associated companies and partnerships of White & Case UK registered in England & Wales, for the current financial year in compliance with Schedule 19, Finance Act 2016.

1. Tax Compliance

White & Case UK is committed to complying fully with UK tax legislation and paying the right amount of tax at the right time. We file timely, accurate tax returns, engaging with qualified professional advisors as appropriate. We disclose all relevant facts and circumstances to the UK tax authorities.

We have adopted policies and procedures (including internal training) commensurate with our obligations under the Criminal Finances Act 2017.

2. Tax Planning

In arranging the structure of our business activities, we take into account the tax laws of all the countries in which we operate. We apply the reliefs to which we are entitled and do not put in place any artificial arrangements. We aim to preclude double taxation (having the same income taxed twice in two different jurisdictions), in accordance with existing double taxation agreements.

3. Risk Management

We endeavour to identify, monitor and manage all risks concerning the interpretation of tax law in all of the jurisdictions in which we operate.  Where a material level of uncertainty exists, we seek professional advice from specialists as required and/or discuss the matter with the relevant tax authority.

4. Dealings with HMRC

We have a transparent and constructive relationship with HMRC, conducted through regular meetings and communication. We seek to inform HMRC of relevant changes in our business or structure at an early stage, and promptly disclose inadvertent errors, if any, to HMRC.

5. Governance

White & Case UK has a close relationship with White & Case LLP, a limited liability partnership registered in the State of New York in the United States of America (White & Case Global). Our UK tax team, which reports to White & Case Global’s Chief Financial Officer, manages our UK tax arrangements, which are approved by White & Case Global’s Global Tax Committee and Executive Committee.

Gender Pay Gap Report

Our 2017 gender pay gap report is available here.

In addition to the Privacy Policy set by the Firm, and in compliance with the Federal Law for the Protection of Personal Information held by Private Parties and its Regulations, we inform our users, clients and any persons that provide personal data such as: name, civil status, age, email address, mailing address, phone number, employment, academic, billing and financial data, among others, by means such as: White & Case website, letters, emails, cards, telephone communications, forms, among others, that personal information collected shall be used for various purposes such as: contact and identification, participating in our recruitment processes, complying with the obligations that arise from a legal relationship and rendering legal services. The personal information obtained by means of a relationship, which use is necessary to comply with the obligations that arise from such relationship, shall be used only to provide the legal services required and for issues regarding such provision of services. Personal information will be used, processed, stored, disclosed and handled solely by White & Case, S.C., in an appropriate manner in accordance with this Privacy Statement and the Law. Any request to disclose, correct, delete or cease use of personal information in accordance with the Law, shall be directed by mail to the party responsible for the protection of personal data at Blvd. Manuel Ávila Camacho 24, piso PH, Lomas de Chapultepec, Miguel Hidalgo, C.P. 11000, Mexico City, Mexico or call +52 (55) 55409600. Likewise, by means of written request to the party responsible for the protection of personal data to the address mentioned above, the holder may revoke its consent and limit the use or disclosure of its personal data. Personal data collected shall be part of the White & Case, S.C. data base and will remain in effect for as long as the Firm deems necessary to fulfill the specific purpose for which the data was collected. Personal data collected may be transferred and used in and out of the country, by persons other than White & Case, S.C. To that effect, your information may be shared with other offices of White & Case, as the name, address, phone and email are integrated in a common data base for all offices of the Firm. If no objection is made by means of written request addressed to the party responsible for the protection of personal data at the address mentioned above, consent shall be deemed as given. The use of this website constitutes acknowledgment and acceptance of this Privacy Statement

Consumer Disputes Committee

Disputes between a consumer and White & Case in Sweden (or a lawyer in that office) regarding a service provided by the office (or a specific lawyer in that office) may be adjudicated by the Swedish Bar Association’s Consumer Disputes Committee.

Privacy Policy

White & Case LLP and White & Case Law Offices (Registered Association) (the "Firm") will comply with the Personal Information Protection Law and handle personal information in an appropriate manner in accordance with this privacy policy.

1. Acquisition of Personal Information

The Firm acquires personal information in a lawful and proper manner.

2. Purposes of Use of Personal Information

The Firm will use personal information for the following purposes, and will not use personal information for any other purpose without the consent of the individual concerned:
(1) to provide legal services and contact individuals in relation to these services
(2) to provide information relating to the legal services provided by the Firm
(3) to send greetings, information on presentations and seminars, newsletters, or other notifications relating to the Firm
(4) to recruit lawyers or other staff and to administer personnel and work-related matters
(5) to cooperate with the Japanese government and foreign governments
(6) to respond to queries
(7) to otherwise enable the Firm to perform its business in a smooth and proper manner

3. Provision of Personal Information to Third Parties

The Firm will not provide personal information to third parties without the consent of the individuals concerned, except where laws or regulations require otherwise.

4. Joint Use of Personal Information

In order to provide our clients with a high standard of legal service, the Firm shares personal information with its affiliated legal entities for the purposes listed in item 2. White & Case Law Offices is responsible for the handling of such jointly used personal information.

5. Disclosure, Correction and Cessation of Use of Personal Information

The Firm will respond in good faith to any request to disclose, correct, add to, delete, or cease use of personal information, or to disclose the purpose for which said information is used, after first confirming that the request was indeed made by the individual concerned. Please contact the number stated below for more information.

6. Inquiries

Comments, questions, complaints and requests for disclosure relating to the Firm’s handling of personal information should be directed to the following member of our staff:

Shuya Unagami
White & Case LLP and White & Case Law Offices (Registered Association)
Phone: (81) 3-6384-3300
E-mail: [email protected]

7. Improvements

To ensure that laws and regulations are complied with and personal information is handled appropriately, the Firm will review and make improvements to this privacy policy on an ongoing basis. Notification of any improvements made will be posted on our website.
Established on December 1, 2008
Revised on February 2, 2015