Use of this Website is subject to the terms and conditions ("Terms") set forth below. Access to this Website is an acknowledgement that these Terms, as amended from time to time, have been read and accepted.  To aid in navigation of these Terms, they have been divided into several sections.  To access a section, please click on the appropriate link below:

General
Location of Website Host
Materials on this Website
No Assurances
Malicious Code
Third Party Information and Links to Other Entities
Contacting K&L Gates
No Lawyer-Client Relationship
Privacy
Limitation of Liability
IRS Circular 230 Disclosure
Indemnification
Miscellaneous

General
K&L Gates comprises multiple affiliated entities: a limited liability partnership named K&L Gates LLP qualified in Delaware and maintaining offices in certain states throughout the United States, and in Beijing (K&L Gates LLP Beijing Representative Office), Berlin, Doha, Dubai, Frankfurt, Seoul, Shanghai (K&L Gates LLP Shanghai Representative Office), and Singapore; a Delaware general partnership (K&L Gates Belgium) maintaining an office in Brussels; a limited liability partnership (also named K&L Gates LLP) incorporated in England and Wales and maintaining offices in London and Paris; a multi-disciplinary partnership under the laws of the Commonwealth of Australia (K&L Gates) maintaining offices in Brisbane, Melbourne, Perth and Sydney; a Hong Kong general partnership (K&L Gates, Solicitors) maintaining an office in Hong Kong; a professional association established and organized under the laws of Italy (Studio Legale Associato) maintaining an office in Milan; a Delaware limited liability company (K&L Gates Holdings LLC) maintaining an office in Moscow; a general partnership organized under the laws of Brazil (K&L Gates LLP – Consultores em Direito Entrangeiro/Direito Norte-Americano) maintaining an office in São Paulo; a Taiwan general partnership (K&L Gates) maintaining an office in Taipei; a joint enterprise formed in accordance with Japanese regulations (K&L Gates Gaikokuho Joint Enterprise) maintaining an office in Tokyo; and a Polish limited partnership (K&L Gates Jamka sp.k) maintaining an office in Warsaw.

K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. The Firm is therefore subject to the rules of various jurisdictions and professional bodies depending on where each office is located. The Firm's lawyers are subject to the rules of the regulatory bodies to which they are admitted and are admitted to practice in the jurisdictions listed on their individual resumes. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners in each entity is available for inspection at any K&L Gates office.

Location of Website Host
The host server for this Website is located in Hilliard, Ohio, United States of America.

Materials on this Website
The materials on this Website are for general information purposes only and should not be construed as legal advice, legal opinion or any other advice on any specific facts or circumstances. Readers should not act or refrain from acting upon this information without seeking professional advice. Transmission of information on or by use of this Website is not intended to create, and receipt does not constitute, a lawyer-client relationship between the sender and receiver. Such communications will not be treated as confidential.  Photographs and other graphics may be for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

No Assurances
The information on this Website is subject to change without notice. Although we try to keep our Website current and accurate, you should not rely on this information or its applicability to any specific circumstances without first seeking professional advice. The information on this Website should in no way be taken as an indication of future developments or results. K&L Gates makes no warranties, representations, or claims of any kind concerning the information available from, or the operation of, this Website. K&L Gates and contributing authors expressly disclaim all liability to any person in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the use or contents of this Website.

Malicious Code
The Firm has procedures in place to check whether the operation of this Website, including materials posted to it, might have been compromised by malicious code.  However, we cannot guarantee that such operation is free of malicious code and we do not accept any responsibility for any damage or loss caused by any such code.

Third Party Information and Links to Other Entities
This Website may provide links to a variety of other Internet resources and may provide access to third-party information. However, K&L Gates is not responsible for any third party content, products or services that may be accessed through the Website and the availability of links on this Website to such third party content, products or services should not be construed as referrals to, or endorsements of, the linked entities or the content, products or services that they make available. K&L Gates will remove any link from this Website upon request from the linked entity. Without our prior written consent, you may not link material on this Website with another website, or associate or frame material on this Website with another webpage or materials of any other entity.

Contacting K&L Gates
Persons contacting K&L Gates through the Internet e-mail facility provided through this Website should not send confidential, privileged or sensitive information. If you have a specific legal question, please provide details in the e-mail of how we can contact you and the general nature of your inquiry, without providing any confidential specifics. We will then endeavour to pass on your e-mail enquiry to one of our qualified lawyers. If the matter is very time-sensitive, please telephone a lawyer at any of our offices. Your use of the Internet e-mail facility on this Website does not give rise to a lawyer-client relationship. We will endeavour to respond to any question submitted through the Website’s e-mail facility but accept no liability for failure to do so.

No Lawyer-Client Relationship
This Website is not intended to be an offer to represent any person. Your use of the Internet e-mail facility on this Website does not give rise to a lawyer-client relationship. Please do not consider there to be any lawyer-client relationship between you and the Firm or any of its lawyers unless or until: (i) you have sought to retain us; (ii) we have had an opportunity to check and clear any conflicts; and (iii) you have received a letter from us confirming the retention and its scope.

Privacy
We recognize that privacy and data security are important issues, and so have taken steps to safeguard the information that you may provide to us through this Website. Please click here to view our Privacy and Security Statement for this Website.

Limitation of Liability
In no event shall K&L Gates, its partners officers, employees, agents or contributors to this Website 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 or occasioned by your access to or use of this Website.

IRS Circular 230 Disclosure
To ensure compliance with certain IRS requirements, we inform you that any tax advice contained on this website is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed on this website.

Indemnification
You agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by these Terms. You agree to indemnify, defend and hold harmless K&L Gates, its partners and contributors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of these Terms.

Miscellaneous
If any of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other Term or (b) the legality, validity or enforceability in other jurisdictions of that Term or any other Term.

We reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this Website.

In accordance with Executive Council Resolution No. (22) of 2011 Concerning Fees and Fines Prescribed for the Advocacy and Legal Consultancy Profession in the Emirate of Dubai, our License for a Legal Consultancy Firm issued by the Government of Dubai Legal Affairs Department is viewable below.

K&L Gates LLP is a Limited Liability Partnership organized under the laws of the State of Delaware, USA.  Only the partnership entity is responsible for the liabilities of the partnership.

Information in accordance with § 5 Telemedia Act (TMG)

1.  Summary contact information:

Berlin and Frankfurt Offices

Dr. Rüdiger von Hülst

Markgrafenstraße 42
10117 Berlin
T +49.(0)30.220.029.0
F +49.(0)30.220.029.499

OpernTurm
Bockenheimer Landstraße 2-4
60306 Frankfurt
T +49.(0)69.945.196.0
F +49.(0)69.945.196.499

Partner (Berlin):
Dr. Martin von Albrecht, Dr. Rainer Altfuldisch, Kristina Baurschmidt (1), Dr. Tobias Bosch, J.S.M. (Stanford), Dr. Thomas Derlin, LL.M. (USYD), Dr. Georg Foerstner, Dr. Florens Girardet, LL.M. (UCT), Felix Greuner, Manfred Hack, LL.M. (Canterbury), Dr. Wilhelm Hartung, Dr. Friedrich Ludwig Hausmann, Dr. Christian Horn, LL.M. (Tulane), Dr. Rüdiger von Hülst, Dr. Christian Hullmann, Dr. Christof Hupe (7), Dr. Thomas Lappe, Christoph Mank (1)(5), Nicolas Roggel (6), Dr. Annette Mutschler-Siebert, M.Jur. (Oxon)

Consultants (Berlin):
Dr. Carl Albrecht Claussen

Associates (Berlin):
Marion Baumann, Antje Böhme, Björn Bradatsch, Dr. Friederike Gräfin von Brühl, M.A. (2), Hendrik van Echten, Kristina Fischer, LL.M. (UCT), Olaf Fiss, Tobias Gries, LL.M. (Lund), Dr. Gerung von Hoff, LL.M. (Chicago), Dr. Cornelia Jourdan, Oliver Kern, LL.M. (UNSW), Dr. Torsten Kraul, LL.M. (London), Dr. Teimuraz Kuprashvili, LL.M., Dr. Uwe Lieschke, LL.M. (Exeter), Julian von Lucius, LL.M. (Cardozo), Andreas Menge, Dr. Patricia Milch, Daniel Mösinger, Eva von Muellern, Dr. Georg Queisner, Dr. Anja Rösch, Stefanie Rzeniecki, LL.M., Dr. Sophia Sepperer, Dr. Judy Witten, LL.M., René Wölfer, Dr. Mirko Zorn

Partner (Frankfurt):
Dr. Christian Büche, Dr. Bastian Bongertz, Valentina Farle, LL.M. (Sheffield) (8), Andreas Füchsel LL.M. (Miami), Volker Gattringer, Dipl.-Kfm., Dr. Matthias Grund, LL.M. (London) (3), Boris Kläsener, Julia Müller BA, CPE, Dr. Johann von Pachelbel, Claudius Paul, LL.M. (Chicago), Rainer Schmitt, Dr. Mathias Schulze Steinen, LL.M. (Helsinki), Dr. Frank Thomas (4)

Associates (Frankfurt):
Katja Findeisen, Eiko L. Grieger, Gunnar Harlacher, Andry Latyshev, LL.M., Dr. Frédéric Meilicke, LL.M., (New York), Tom Pagels, LL.M. (Canterbury University, New Zealand), Dr. Manuela Schäfer, LL.M. (Washington, D.C.), Aleksandr Stel

(1) Specialist Lawyer for Construction and Architecture Law (Fachanwalt für Bau- und Architektenrecht); (2) Specialist Lawyer for Copyright and Media Law (Fachanwalt für Urheber- und Medienrecht); (3) Specialist Lawyer for Commercial and Corporate Law (Fachanwalt für Handels- und Gesellschaftsrecht); (4) Specialist Lawyer for Tax Law (Fachanwalt für Steuerrecht); (5) Specialist Lawyer for Tenancy and Condominium Law (Fachanwalt für Miet- und Wohnungseigentumsrecht); (6) Specialist Lawyer for Labor and Employment Law (Fachanwalt für Arbeitsrecht); (7) Notary (Notar); (8) Tax advisor (Steuerberaterin)

2.  Accreditation:
Except as otherwise indicated, all German lawyers of K&L Gates LLP are accredited lawyers in the Federal Republic of Germany and are members of the Bar Association in their respective locations:

• Berlin: Rechtsanwaltskammer Berlin, Geschäftsstelle der Rechtsanwaltskammer Berlin, Littenstraße 9, 10179 Berlin
• Frankfurt: Rechtsanwaltskammer Frankfurt, Bockenheimer Anlage 36, 60322 Frankfurt am Main

Lawyers also acting as notaries (Notare) or tax advisors (Steuerberater) are admitted within the Federal Republic of Germany to practice as notaries or tax advisors and are members of the relevant Bars (Notarkammer/Steuerberaterkammer) for their respective offices:

• Berlin: Notarkammer Berlin, Littenstraße 10, 10179 Berlin
• Frankfurt/Main: Steuerberaterkammer Hessen, Gutleutstraße 175, 60327 Frankfurt am Main

3.  Professional regulations:

Lawyers:

• BRAO – Bundesrechtsanwaltsordnung (Federal Lawyers' Act)
• BORA – Berufsordnung für Rechtsanwälte (Professional Rules for Attorneys (at Law))
• FAO – Fachanwaltsordnung (Specialist Lawyers' Act)
• RVG – Gesetz über die Vergütung der Rechtsanwältinnen und Rechtsanwälte (Law regarding the Remuneration of Lawyers)
• Berufsregeln der Rechtsanwälte der Europäischen Gemeinschaft (CCBE) (Professional rules for Lawyers of the European Community)
• Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG) v. 9.3.2000 (BGBI. I S. 182) (Law Implementing the Directives of the European Community pertaining to the professional law regulating the legal profession)

The above-referenced professional regulations are found, among other places, on the website of the Federal Bar Association www.brak.de under the heading "Berufsrecht" and may be directly accessed, respectively, at this Link.

Notaries:

• Bundesnotarordnung (Federal Notaries' Act)
• Beurkundungsgesetz (Authentification Law)
• Richtlinien der Notarkammern (Guidelines for Notaries' Associations)
• Dienstordnung für Notarinnen und Notare (Official Regulations for Notaries)
• Kostenordnung (Cost Act)
• Europäischer Kodex des notariellen Standesrechts (European Code of Notaries' Professional Law)

The above-referenced professional regulations are found, among other places, on the website of the German Civil Law Notaries www.bnotk.de under the heading "Der Notar/Berufsrecht" and may be directly accessed, respectively, at this link.

Tax Advisors:

• StBerG - Steuerberatungsgesetz
• DVStB - Durchführungsverordnung zum Steuerberatungsgesetz
• BOStB - Berufsordnung der Bundessteuerberatungskammer
• StBGebV – Steuerberatergebührenverordnung

The above-referenced professional regulations are found, among other places, on the website of the German Federal Chamber of Tax Advisors (Bundessteuerberaterkammer) www.bstbk.de/de/bstbk/ under the heading "Der Steuerberater/Weiterführende Links" and may be directly accessed, respectively, at this Link.

4.  VAT Identification Number:
DE 814834925

5. Information on Liability Insurance
HDI-Gerling Industrie Versicherung AG, Krausenstraße 9-10, 10117 Berlin, Germany
Geographic scope: within the EU and EEA countries

Contact Information
Information required to contact the London Office of the Firm is as follows:

One New Change
London EC4M 9AF
Tel: +44 (0)20 7648 9000
Fax: +44 (0)20 7648 9001

Regulatory  information in relation to K&L Gates LLP, a limited liability partnership Incorporated in England and Wales
We, K&L Gates LLP, a limited liability partnership incorporated in England and Wales, are required by the  professional rules applicable to us and by the Provision of Services Regulations 2009 to notify you of the following.

We are authorised and regulated by the Solicitors Regulation Authority (the "SRA") in the United Kingdom.  The SRA is the independent regulatory body of the Law Society of England and Wales ("the Law Society") and redress systems are provided through the SRA and the Legal Ombudsman.  Our members are solicitors, registered foreign lawyers or registered European lawyers authorised to practice in England & Wales and regulated by the SRA in the United Kingdom, or non-registered European lawyers.  Some members may also be authorised to practice law in other jurisdictions.

We maintain compulsory professional indemnity insurance of at least £3 million, each and every claim.  The name of our primary layer insurer for the current policy period (1 October 2011 to 30 September 2012) is Liberty Mutual Insurance Europe Limited.  The registered office of the insurer is at Third Floor, Minster Court, Mincing Lane, London EC3R 7YE.  Our policy number is QF1002232.  Details of the minimum terms for the compulsory insurance, including territorial coverage, can be found at the SRA website: http://www.sra.org.uk/solicitors/code-of-conduct/professional-indemnity/minimum-terms-conditions.page.

If you wish to make a complaint, including in relation to our bill or the level of our costs, then you should address it in writing to us for the attention of Tony Griffiths, who is our designated Complaints Partner. Or, if your complaint relates to him, please contact Richard Smith, the Assistant General Counsel.  You may obtain a copy of our complaints procedure by asking any of our partners for it.

We will try to resolve any problem or complaint quickly, in accordance with our complaints procedure.  If you are not satisfied by our response, you may be entitled to ask the Legal Ombudsman to consider the complaint.

If you are entitled to make a complaint then, normally, you will need to refer it to the Legal Ombudsman within six months of receiving a final written response from us about your complaint.  The Legal Ombudsman's service is open to all individual members of the public and very small businesses, charities, clubs and trusts.  If in doubt whether you fall into one of those categories, you should contact the Legal Ombudsman.

As noted above, you have a right to object to our bill by raising the issue with us, and, if you are not satisfied by our response, you may be entitled to make a complaint to the Legal Ombudsman.  Alternatively, you may have a right to apply to the Court for an assessment of our bill under Part III of the Solicitors Act 1974.

If the services we have provided related to proceedings in a Court or tribunal, you may additionally be entitled to have the amount of our fees checked or assessed under rules of Court or regulations applying to the particular proceedings, or under the inherent jurisdiction of the Court or tribunal before which the proceedings are taking, or have taken, place.

If you exercise a right to have our costs assessed by the Court, you cannot refer the issue to the Legal Ombudsman.  If all our any part of our bill remains unpaid whilst you dispute it, the firm may be entitled to charge interest.

The contact details for the office of the Legal Ombudsman are to be found at its website: www.legalombudsman.org.uk.

The contact details for the SRA are to be found at its website: www.sra.org.uk/consumers/consumers.page.

Our professional rules may be accessed at www.sra.org.uk/handbook.

Our address for service is as above.

Regulatory Position Under the Financial Services and Markets Act of 2000
Some investment-related activities of the firm in, into or from the United Kingdom are regulated under the Financial Services and Markets Act 2000 ("FSMA") of the United Kingdom.  The provision of our legal services may relate to investments.  The Firm is not authorized under the FSMA but the Firm is able in certain circumstances to offer a limited range of investment services to clients because the Firm is a member of the Law Society of England and Wales. The Firm can provide these investment services if they are limited in scope and an incidental part of the professional services that the Firm has been engaged to provide or if they may reasonably be regarded as a necessary part of our legal services or they are services that we are otherwise permitted to provide in conformity with the FSMA.  If for any reason we are unable to resolve a problem between us and a client, complaints and redress mechanisms are provided through the Solicitors Regulation Authority and the Legal Complaints Service.

We are not authorised by the Financial Services Authority ("FSA").  However, we can provide certain limited services in relation to investments where these are closely linked to the legal work we are doing for you, since we are members of the Law Society which is a designated professional body for the purposes of the Financial Services and Markets Act 2000 ("FSMA 2000").  In cases where you require investment services outside the scope of what we can provide, we may refer you to a person who is authorised by the FSA.  Redress systems are provided through the SRA and the Legal Ombudsman.  The contact details and timescale for referring a complaint to the office of the Legal Ombudsman are set out above.

The scope of our engagement does not and will not include giving you advice on the merits of entering into any transaction in investments.  When providing our services, we will assume that you have decided, or will decide, to negotiate and enter into any such transaction solely on the basis of your own evaluation of the same, and any advice which you may receive from a person authorised under FSMA 2000.  We will not communicate, either to you or on your behalf to any other person, any invitation or inducement to engage in investment activity, and nothing we write or say should be construed as any such invitation or inducement.

We are included on the register maintained by the FSA so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts.  This part of our business is regulated by the SRA and the Legal Ombudsman.  Complaints and redress systems are provided through the SRA and the Legal Ombudsman.  The contact details and timescale for referring a complaint to the office of the Legal Ombudsman are set out above.

VAT Number
The Value Added Tax Number of the Firm's U.K. LLP is GB244 0466 80.

California
This website constitutes a "communication" as defined in Rule 1-400(A) of the California Rules of Professional Conduct because it is a message made by and on behalf of attorneys at K&L Gates who are members of the State Bar of California concerning K&L Gates and the availability for professional employment of those members and their law firm.

Additionally, pursuant to applicable laws and rules of professional conduct in other states, this website may constitute advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you select any lawyer, you should inquire further about the particular abilities, qualifications, and experiences of the lawyer to determine if they are appropriate for your needs.  If you wish to consider retaining K&L Gates to be your lawyers, please ask us to send you free written information about our qualifications and experience.

Texas
The attorneys resident in all offices, unless otherwise indicated, are not certified by the Texas Board of Legal Specialization.

K&L Gates LLP is, unless otherwise stated, the owner or licensee of all rights in this Web site and its contents, software, databases and services. The materials contained in this Web site are protected by the copyright and trademark laws and other laws of the United States, the United Kingdom and other countries. No user of this Web site has any right, title, or interest in such contents, software, databases or services not previously expressly granted in writing to such user by K&L Gates or by its licensor.

Other Web sites operated by K&L Gates, such as extranets available to clients of the Firm, are subject to agreements posted on such other Web sites. Such agreements may contain terms that differ from the terms of this Notice.

No materials from this Web site may be published, uploaded, downloaded, transmitted, posted, copied, reproduced, distributed or republished except (a) with the Firm’s express written permission, (b) in accordance with a license granted by the Firm, (c) in accordance with a contract entered into with the Firm, or (d) as permitted by applicable law. However, you may view, print or download one copy of the materials on any single computer for your personal, non-commercial use only, but only if:

(i) all proprietary notices, including copyright, trademark and other intellectual property notices, are kept intact;

(ii) the materials are not modified;

(iii) the materials, absent the Firm’s express written permission, are not used in a manner that suggests an association with any of our services; and

(iv) the materials are not incorporated in any other work or publication.

Notwithstanding the foregoing,

(i) any materials available on this Web site are subject to any additional or narrower restrictions stated in such materials or by the owners thereof;

(ii) more than one copy of brochures, announcements, registration forms, client alerts and bulletins, and similar materials may be printed or downloaded as may be necessary and reasonable under the circumstances;

(iii) you may send copies of the materials to individual third parties for their personal information, but only if you acknowledge this Web site as the source of the material and you inform the third party that the terms of this Notice apply;

(iv) no part of this Web site may be distributed or recopied for any commercial purpose or for a fee.

The Firm reserves the right at any time at its discretion to withdraw or modify the permissions set out above.

K&L®, the K&L logo®, TOP OF MIND®, K&L Gates and K&L Gates logo are registered service marks or trademarks, service marks, and/or trade names owned by K&L Gates. These and all other trademarks, service marks, and trade names used on this Web site and the Firm’s other Web sites are owned by the Firm or third parties, and are protected by state, federal, and/or international trademark laws. No user of any Firm Web site has any right, title, or interest in those marks or names not previously expressly granted in writing to such user by the Firm or the third party.

A cookie is an electronically transmitted file that holds small pieces of information. The cookie collects certain information about your use of our Web site and sends it back to our Web server. Cookies do not, standing alone, identify you as an individual; they merely recognize your browser. No cookie on our Web site collects personal information.

There are two types of cookies: persistent and session-based. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. Session cookies disappear from your computer when you close your browser, turn off your computer or exit from the portion of the web site that caused the cookie to be set. For example, we may use session cookies on the online seminar registration and online publication order forms.

When you visit the general portion of our Web site (that is, the portion other than our extranets), our Web server sends a persistent cookie to your computer. We use this cookie to help us understand better how visitors use our Web site so that we can improve it. For example, the cookies allow us to collect information about how many people are visiting our Web site, what pages they are visiting and how they navigate the site. They allow us to recognize different browsers when visitors return to our site. This helps us to track trends over time.

When you visit the home page of the general portion of our Web site, you also have the opportunity to choose to display the site without Flash navigation or Flash graphics throughout the duration of your visit. If you click on the "non-Flash site" link in the lower left-hand corner of the home page, a session cookie will be set to implement your choice. Without this session cookie, you would see the Flash-version of the Web site as soon as you left the home page, even if you had selected the non-Flash version.

You can choose to not receive a cookie by changing the settings on your browser to enable it to refuse cookies or to prompt you before you accept a cookie. You can also delete cookies from your computer. Refusing to accept our persistent cookie or deleting it will have no adverse effect on your experience of our Web site. However, refusing to accept cookies or deleting the session cookie will prevent you from viewing the non-Flash version.

Our Web site does not currently use "Graphics Interchange Format" files (GIFs), web beacons or other Web tools that operate in a manner similar to cookies, although we may do so in the future. We do not allow third party cookies to be placed on our Web site. For more information about cookies including how to set your internet browser to reject cookies please go to www.allaboutcookies.org.  

Purpose. This policy establishes guidelines for implementing a position-related, consistent, and non-discriminatory pre-employment background investigation as part of the recruiting selection process. A background check of a candidate for employment purposes is performed to promote a safe work environment, protect the firm’s and clients’ assets, including employees, property, and information, as well as to assist departments in their hiring decisions.

Administration. The Human Resources Department shall have the authority to designate those firm positions that shall require a background check, as well as the type of background check(s) applicable to the position. Types of background inquiries could include, but are not limited to, a trace on Social Security number, criminal history, civil record, employment, credit records, and a search for termination with cause.

Candidate Notification and Consent. Candidates will be made aware of the background check procedures during the application process. The background check process will only be initiated for a staff or lawyer applicant once it has been determined that he or she is a final candidate. Background checks will not be initiated until disclosure and consent is provided by the candidate, to the extent required by the Fair Credit Reporting Act (FCRA) and/or State laws. If the candidate refuses to provide consent, then no further consideration for employment, promotion or reassignment will be given to the individual.

Initiation. When a background check is required for a position, the assigned recruiter shall initiate the background check by requesting that an e-mail invitation be sent by the firm’s background check vendor to the candidate. The candidate will follow a link provided in this e-mail and enter the required information into the background check vendor’s secure Internet form. The candidate will be required to provide an electronic signature as part of this process. If the candidate cannot complete the form online, the recruiter will instead provide the candidate with a hard copy Disclosure and Consent form to be completed and signed. Failure by a candidate to consent to a required background check shall result in the candidate’s disqualification, as described above. After the candidate has completed the online process or authorization form, the background check will commence with the appropriate background check(s) required for that position.

Adjudication. The Background Check Coordinator (“BCC”) will receive the background check results (“Consumer Report”) from the background check vendor. The report will contain a score of either “meets company standards” or “does not meet company standards” for each candidate investigated. A score of “meets company standards” is required to proceed with the hire or for consideration for promotion.

If a score of “does not meet company standards” is received, the BCC will review all adverse information. He or she will consult with the background check vendor to ensure that all information received is in compliance with applicable federal and state regulations. The BCC will also research any state-specific restrictions related to the type of information that the firm is legally permitted to consider when making employment decisions. All findings, along with the candidate’s Consumer Report will be presented to the Firm’s Office of General Counsel for review.

Adverse Action. Prior to taking any adverse action, the firm will consider the nature and severity of the offense(s), the time elapsed since the offense(s) occurred, the nature and level of responsibility attributed to the open position, as well as any other lawful and appropriate considerations. A final determination will be made by General Counsel as to whether the candidate should “pass” or “fail” a background investigation.
If the Firm’s decision to not offer a position to a candidate is based in whole or in part on information obtained from the background investigation, the background check vendor will proceed with the adverse action notification process, to the extend required by the Fair Credit Reporting Act and/or state laws.

If it is determined that the candidate should receive a “does not meet company standards” score, the background check vendor will issue a pre-adverse action notice to the candidate via US mail within 24 hours. This notification will inform the candidate that negative information was obtained via the background investigation process and that this information may have an adverse impact on the firm’s decision to hire the candidate. A copy of the candidate’s Consumer Report and of “A Summary of Your Rights Under the Fair Credit Reporting Act” will be enclosed with this letter along with any forms required by state law. The candidate will be allowed five (5) business days or longer designated time period if required by state law to dispute the accuracy or completeness of these findings directly with the background check vendor.

If a candidate does not contact the background check vendor or is unable to disprove the negative findings in the consumer report within five (5) business days or longer designated time period if required by state law, an adverse action notice will be mailed to the candidate by the background check vendor. This letter will advise the candidate of the firm’s decision not to hire, promote or transfer him or her due to disqualifying information revealed in the Consumer Report.