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Legal Notices

Last Modified: 21 September 2020

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, Munich, Seoul, and Shanghai (K&L Gates LLP Shanghai Representative Office); a Delaware general partnership (K&L Gates GP) 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 general partnership organized under the laws of Brazil (K&L Gates LLP – Consultores em Direito Estrangeiro/Direito Norte-Americano) maintaining an office in São Paulo; a Singapore limited liability corporation named K&L Gates Straits Law LLC maintaining an office in Singapore; 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.

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. 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.

Disclaimer

This website is intended to provide a general summary only and should not be relied on as a substitute for specific legal advice. K&L Gates complies with the Spam and Privacy Acts. If your contact details are incorrect, or if you do not wish to receive any electronic or other communications from K&L Gates, please contact our Database Administrator by email at database@klgates.com.

Code of Conduct

To view the Migration Agents Registration Authority Code of Conduct, please click here.

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, Frankfurt and Munich 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

Karolinen Karree
Karlstraße 12
80333 Munich
T +49.(0)89.321.215.0
F +49.(0)89.321.215.499

ruediger.huelst@klgates.com

Partners (Berlin):
Dr. Martin von Albrecht (9), Kristina Baurschmidt (1), Dr. Martin Berg, Dr. Friederike Gräfin von Brühl, M.A. (2), Dr. Till Fock, M.C.J. (8), Dr. Georg Foerstner, Dr. Florens Girardet, LL.M. (UCT), Felix Greuner, Tobias Gries, LL.M. (Lund), Dr. Wilhelm Hartung, Dr. Rüdiger von Hülst, Dr. Christian Hullmann, Dr. Christof Hupe (7), Alexander Kollmorgen (7), Dr. Thomas Lappe, Christoph Mank (1)(5), Dr. Michael Melber (12), Dr. Anja Rösch, Dr. Annette Mutschler-Siebert, M.Jur. (Oxon), Klaus Schubert, Dr. Thilo Winkeler

Counsel (Berlin):
Marion Baumann (14), Dr. Olaf Fiss (2), Dr. Julia Goetz (11), Dr. Uwe Lieschke, LL.M. (Exeter), Christiane Schweizer (6)

Associates (Berlin):
Susanne Albrecht-Roggenstroh, Raphael Badura, Björn Bradatsch, Helene Gerhardt, Jan Henke, Jenny Kirschey, Natalia Kreuzer, Dr. Christian Mann, Patrick Marré, Leonie Meißner, LL.M. (London), Andreas Menge, Dr. Patricia Milch, Daniel Mösinger, Nils Neumann, LL.M. (London) (13), Dr. Thomas Nietsch, Dr. Gabriella Piras, Dr. Ramona Ruf, Stefanie Rzeniecki, LL.M., Dr. Mario Starre, Irina Trauptmann, René Wölfer

Partners (Frankfurt):
Klaus Banke, J.S.M. (Stanford), Dr. Christian Büche (7), Dr. Bastian Bongertz, Susanna Fuchsbrunner, Volker Gattringer, Dipl.-Kfm., Dr. Matthias Grund, LL.M. (London) (3), Boris Kläsener, Dr. Johann von Pachelbel, Karsten Seidel (8)(10), Rainer Schmitt, Dr. Frank Thomas (4), Dr. Thorsten Vormann, LL.M. (McGill)

Counsel (Frankfurt):
Dominik Pauly, Kerstin Hanke, LL.M. (Exeter) (Special Counsel) (7)

Associates (Frankfurt):
Marlena Bitner, Dr. Isabel Kainer-Pfuhl, LL.M. (University of Auckland), Anne Thümmel

Partners (Munich):
Dr. Hilger von Livonius, Dr. Martina Isabella Ortner, Dr. Philipp Riedl (4), Dr. Bojan Savic (6), Dr. Franz Schaefer, LL.M. (NYU)

Counsel (Munich):
Dr. Michael Kreft (8)

Associates (Munich):
Dr. Judy Witten, LL.M. (Manchester), Richard Resch

Senior Transaction Lawyer (Munich):
Michael Harris, Nicole Weyrich

(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) German Patent Attorney (Patentanwalt/Patentanwältin)
(7) Notary (Notar)
(8) Tax advisor (Steuerberater/-in)
(9) Specialist Lawyer for Information Technology Law (Fachanwalt für Informationstechnologierecht)
(10) Specialist Lawyer for Administrative Law (Fachanwalt für Verwaltungsrecht)
(11) Specialist Lawyer for Intellectual Property Law (Fachanwältin für gewerblichen Rechtsschutz)
(12) Specialist Lawyer for Banking and Capital Markets Law (Fachanwalt für Bank- und Kapitalmarktrecht)
(13) Specialist Lawyer for Labor and Employment Law (Fachanwalt für Arbeitsrecht)
(14) Specialist Lawyer for Public Procurement Law (Fachanwältin für Vergaberecht)

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:

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. Patent attorneys are admitted as patent attorneys in the Federal Republic of Germany and are members of the German Chamber of Patent Attorneys:

3. Supervisory authority

Lawyers:

  • Berlin: Vorstand der Rechtsanwaltskammer Berlin, Littenstraße 9, 10179 Berlin, www.rak-berlin.de
  • Frankfurt: Vorstand der Rechtsanwaltskammer Frankfurt, Bockenheimer Anlage 36, 60322 Frankfurt am Main, www.rakffm.de
  • Munich: Vorstand der Rechtsanwaltskammer München, Tal 33, 80331 München, www.rak-m.de

Notaries:

  • Berlin: Die Präsidentin / der Präsident des Landgerichts Berlin, Littenstraße 12-17, 10179 Berlin
  • Frankfurt/Main: Der Präsident des Landgerichts Frankfurt am Main, Gerichtsstraße 2, 60313 Frankfurt am Mai

Tax advisors:

  • Berlin: Steuerberaterkammer Berlin, Wichmannstraße 6, 10787 Berlin
  • Frankfurt/Main: Steuerberaterkammer Hessen, Gutleutstraße 175, 60327 Frankfurt am Main
  • München: Steuerberaterkammer München, Nederlinger Straße 9, 80638 München

Patent Attorneys:

  • Patentanwaltskammer, Tal 29, 80331 München

4.  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)
  • Gerichts- und Notarkostengesetz (Law on costs of voluntary jurisdiction for courts and notaries)
  • Europäischer Kodex des notariellen Standesrechts (European Code of Notaries' Professional Law)

The relevant professional regulations can be viewed on the website of the Bundesnotarkammer www.bnotk.de under the heading "Der Notar/Berufsrecht”

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.

5.  VAT Identification Number:

DE 814834925

6. Information on Liability Insurance

HDI-Gerling Industrie Versicherung AG, Krausenstraße 9-10, 10117 Berlin, Germany
Geographic scope: within the EU and EEA countries

7. Information according to § 36 VSBG – Consumer Arbitration (Verbraucherstreitbeilegung)

K&L Gates LLP is neither willing nor obliged to take part in dispute settlement proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

Last modified: 21 September 2020

REGULATORY INFORMATION IN RELATION TO K&L GATES LLP, THE LIMITED LIABILITY PARTNERSHIP OF THAT NAME REGISTERED IN ENGLAND AND WALES UNDER NUMBER OC309508 AND AUTHORISED AND REGULATED BY THE SOLICITORS REGULATION AUTHORITY (THE "SRA") WITH THE NUMBER 408245

Contact details for the London Office of the Firm
K&L Gates LLP
One New Change
London EC4M 9AF
Tel: +44 (0)20 7648 9000
Fax: +44 (0)20 7648 9001

Our address for service
Our address for service is at One New Change London EC4M 9AF.

Value Added Tax
Our Value Added Tax Number is GB244 0466 80.

Regulatory and representative bodies
We are authorised and regulated by the SRA.  The SRA is an independent regulatory body 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.

Our professional standards and regulations
Our professional standards and regulations may be accessed at www.sra.org.uk/solicitors/standards-regulations

Handling of clients' funds and accounting for interest
When we hold money in a client account for a client, or for a person funding all or part of our fees, or for a trust, we will account to the client or that person or trust for interest when it is fair and reasonable to do so in all the circumstances and in accordance with the SRA Accounts Rules 2019.  We have a written policy on the payment of interest and you may obtain a copy of this by asking any of the partners for it.

We only accept client funds where they arise from or are in relation to an underlying transaction on which we have been engaged by the client.

If, after a reasonable period of due diligence (generally 5 working days), we cannot identify funds we have received as arising from a transaction on which we are engaged we will either retain the funds pending further investigation or may at our discretion return them to the originator bank.

We maintain separately identified client accounts with a bank or banks of our choosing.  These are presently held with Lloyds Bank plc in London.  Separate accounts are maintained for our clients' principal operating currencies, presently Pounds Sterling, Euros and United States Dollars.

You use our client account at your own risk.  We accept no liability for loss or damage you suffer if our bank collapses or for reasons outside our control our bank is otherwise unable to transact business or transfer funds in a timely manner or at all.

All client funds will be held in instant access General Client Accounts unless we and the client agree otherwise.

If a client requests and we agree we will use overnight, money market, bid deposit or other equivalent deposit arrangements through our bank.

Anti-money laundering
In common with other law firms and professionals in the UK, we are bound to comply with the requirements of UK anti-money laundering law.  This involves our taking positive steps in relation to our dealings with clients and matters on which we are working.  

UK Money Laundering Regulations require us (except in certain limited circumstances) to carry out due diligence on all our clients.  This involves, among other things, identifying and verifying the identity of our clients and, where applicable, their ultimate beneficial owners.

You should also be aware that the UK's anti-money laundering legislation, especially the Proceeds of Crime Act 2002, may require us to report matters (including known or suspected money laundering) to the relevant authorities in circumstances where we may be precluded from informing you that we have done so.  This may affect what we can do and how we do it, and it may also have an effect on timescales.

If we engage others (including another K&L Gates entity) to act on your behalf then additional due diligence may be required and or the results of our own due diligence shared with them. 

We may from time to time use online information sources, including electronic verification, to meet our client due diligence obligations pursuant to anti money laundering legislation.

Compulsory professional indemnity insurance
We maintain compulsory professional indemnity insurance of at least £3 million, each and every claim. The name of our insurer for the current policy period (1 October 2019 to 30 September 2020) 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 APPUK1900569. Details of the minimum terms for the compulsory insurance, including territorial coverage, can be found at the SRA website: https://www.sra.org.uk/solicitors/standards-regulations/indemnity-insurance-rules.

Complaints procedure

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. 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 and either (a) no more than six years from the date of act/omission; or (b) no more than three years from when you should reasonably have known there was cause for 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 Solicitors Regulation Authority can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.

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

Lawyer experience
Experience described on some lawyer biographies on this website may date from before an individual lawyer joined K&L Gates.  Experience represented on this website does not imply current client status and prior results do not guarantee a similar outcome.

Statement concerning Criminal Justice Act 2017
K&L Gates operates in full compliance with all applicable laws and regulations in the countries where it practices law.  We have in place practical policies and procedures to ensure that its employees and associated persons do not criminally facilitate tax evasion. 

Slavery and Human Trafficking Statement (Modern Slavery Act 2015) AS OF FINANCIAL YEAR ENDING 31 DECEMBER 2019
This statement is made pursuant to s.54 of the Modern Slavery Act 2015 ("the Act") and has been approved by the Administrative Partner of K&L Gates LLP on behalf of its members.  References in this statement to "K&L Gates LLP" are to the limited liability partnership of that name registered in England Wales under number OC309508.

Our organisational structure
K&L Gates LLP is part of K&L Gates, a global law firm operating through a number of separately constituted and regulated legal entities which provide legal and other client services in accordance with the relevant laws of the jurisdictions in which they respectively operate.  References in this statement to "the Firm" and "K&L Gates" are to the K&L Gates global law firm.

Overview
K&L Gates is committed to the highest standards of professionalism, ethical behaviour and integrity in everything we do and to contributing to the wellbeing of communities around the world.  In this we are committed to opposing modern slavery in all its forms, and do not tolerate it either within our law practice or within our supply chain.

We are committed to acting in an ethical manner, with integrity and transparency in all business dealings and to creating effective systems and controls to safeguard against any form of modern slavery taking place within our law practice or our supply chain.

K&L Gates LLP is a professional services provider that predominantly employs professionally qualified and highly skilled people.  We consider the risk of modern slavery occurring within our law practice to be low.

This statement sets out the steps that K&L Gates LLP and the Firm have undertaken - and are continuing to take - to ensure that modern slavery or human trafficking is not taking place within our law practice or our supply chain.

Our policies
We have adopted or are working to adopt a number of internal policies to ensure that we are conducting business in an ethical and transparent manner.  These include:

  1. Anti-slavery and human trafficking policy, which sets out the Firm's stance on modern slavery and explains how employees can identify any instances of this and where they can go for help.
  2. Whistleblowing policy, which ensures all employees know they can raise concerns about how colleagues are being treated, or practices within our law practice or supply chain, without fear of reprisals.
  3. Supplier code of conduct, which sets out the standards required of the Firm's suppliers.

Our suppliers
As K&L Gates is a global enterprise, it hires suppliers in many locations and performs a reasonable level of due diligence before engaging any supplier.

This due diligence includes an online search at the outset of any engagement to ensure that the particular organisation has never been convicted of offences relating to modern slavery.

It is the Firm's intent that our anti-slavery policy forms part of our contract with all suppliers and they are requested to confirm that no part of their business operations contradicts this policy.

In addition to the above, as part of our contract with suppliers, we request that they confirm to us that:

  1. They have taken steps to eradicate modern slavery within their business
  2. They hold their own suppliers to account over modern slavery
  3. (For UK-based suppliers) They pay their employees at least the national minimum wage/national living wage (as appropriate)
  4. (For international suppliers) They pay their employees any prevailing minimum wage applicable within their country of operations
  5. We may terminate the contract at any time should any instances of modern slavery come to light.

Training
Our intent is to regularly conduct modern slavery training for our procurement teams/staff/employees/contractors so that they are aware of the issues surrounding modern slavery and know what to do if they suspect that it is taking place within our supply chain.

Our performance indicators
We will routinely monitor our law practice and supply chain to identify any parts that carry a potential risk of modern slavery, and we will take steps to assess and manage those risks.

We intend to implement a programme of regular meetings with our key suppliers to identify and manage any risks of modern slavery.  The frequency of these meetings will be dictated by a number of factors, including consideration of the risks posed by involvement in modern slavery. Our standard contract terms contain a contractual right to audit our suppliers.

Signed by Tony Griffiths, a Designated Member of K&L Gates LLP on 21 July 2020

Investment Services / Insurance Distribution
We are not authorised by the Financial Conduct Authority ("FCA").  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 of England and Wales 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 FCA.

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 FCA so that we can carry on insurance distribution activity, which is broadly the advising on, selling and administration of insurance contracts.  The register can be accessed via the FCA website at: https://www.fca.org.uk/firms/financial-services-register.

This part of our business, including arrangements for complaints or redress if something goes wrong, 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.

The SRA Transparency Rules
We are required by our professional rules of conduct to publish certain details in relation to certain services.  The following sections cover those services which we do not provide as part of our usual business and those services which we do provide and in respect of which the required details are set out below.

Services we do not provide
As part of our usual business we do not provide any of the following services.

  • For members of the public: residential conveyancing, probate, immigration applications, motoring offences, administration of estates, asylum applications or advising employees on claims for unfair or wrongful dismissal.
  • For businesses: debt recovery (up to £100,000), licensing applications for business premises or advising employers on wrongful dismissal claims brought in the Employment Tribunal where the value of the claim is currently limited to £25,000.

Services we do provide

We advise businesses on defending unfair dismissal claims in the Employment Tribunal and in that connection we are required by our professional code of conduct to notify you of the following

Our pricing for advising employers on defending claims for unfair dismissal

For defending a simple unfair dismissal case, we would typically charge £20,000 excluding VAT (at 20%) and disbursements. We use an hourly rate per lawyer (detailed below) to calculate the charge.

A simple unfair dismissal case is one which involves no more than three witnesses (including the claimant), involves the use of no more than one lever arch file of documents at the hearing and a hearing length of no more than one day (starting and ending on the same day).

What services are included?
The fee set out above covers all of the work in relation to the following key stages of a claim:

  • taking your initial instructions, reviewing the papers and advising you on merits and likely damages (this is likely to be revisited throughout the matter and subject to change);
  • entering into pre-claim conciliation to explore whether a settlement can be reached;
  • preparing a response;
  • exploring settlement and negotiating settlement throughout the process;
  • considering a schedule of loss;
  • preparing for (and attending) one Preliminary Hearing dealing with case management;
  • exchanging documents with the other party and agreeing a bundle of documents;
  • taking witness statements, drafting statements, agreeing their content with witnesses and exchanging witness statements with the Claimant;
  • preparing bundle of documents;
  • reviewing and advising on the other party's witness statements; and
  • preparation and attendance at Final Hearing, including instructions to Counsel.

The stages set out above are an indication and if some of the stages above are not required, or if the claim settles at an earlier stage without the need for a hearing, the fee will be reduced.

What is not included?

  • any advice provided in relation to an unfair dismissal claim which is not a simple claim, for example where there are more than three witnesses (including the claimant), more than one lever arch file of documents or where the hearing is listed to last for more than one day;
  • if it is necessary to make or defend applications to amend claims or to provide further information about an existing claim;
  • defending claims that are brought by litigants in person;
  • making or defending a costs application;
  • complex preliminary issues such as whether the claimant is a whistleblower;
  • allegations of discrimination which are linked to the dismissal;
  • disbursements:  these are costs related to your matter that are payable to third parties, such as photocopying or printing charges, court fees, courier fees and barristers' fees.  We handle the payment of the disbursements on your behalf to ensure a smoother process.  The most significant disbursement is likely to be a barrister's fee, the cost of which varies with experience of the barrister; and
  • if the employer loses the claim, preparing for and representing the employer at any subsequent remedies hearing. 

If any of the above becomes relevant, the cost will increase.  We will provide you with a separate fee estimate (including estimate of the barrister's fee) at the outset of the relevant matter or stage in proceedings.

If a simple unfair dismissal claim is listed for one day but it does not finish on that day (meaning that the claim is "part-heard"), there will be an additional charge for attending the second and subsequent days of the hearing of £500 per day (excluding VAT at 20%).

Timescales and key stages - how long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved.  If a settlement is reached during pre-claim conciliation, the claim is likely to take 2 - 4 weeks.  If the claim proceeds to a final hearing, the claim is likely to take 3 - 6 months.  This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

The key stages of defending a simple unfair dismissal claim are set out above under the heading "What services are included?"

Who will carry out the work?
Your claim will be handled by a team of one or more employment lawyers in London who are dedicated to the practice of employment law.  That team consists of Paul Callegari (Partner) (current hourly rate of £660) and Natalie Taylor (Associate) (current hourly rate of £275). If you click on each individual's name you will be taken to their online bio which provides further information regarding qualifications and experience. 

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:

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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 GATES®, K&L®, GLOBAL GOVERNMENT SOLUTIONS ®, PEOPLE.PLACES.PRACTICES. ®, LEGAL SOLUTIONS AT THE CRITICAL CROSSROADS OF THE 21ST CENTURY ®, CHANGE YOUR WORLD ®, and GLOBAL PEOPLE SOLUTIONS 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.

Effective: May 25, 2018

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
This Cookie Policy does not address the collection, use and disclosure or your personal data by us generally. To learn more about how K&L Gates handles your personal information, please see our Privacy Policy.

Data Collection Technology collects all sorts of information, such as how long you spend on various webpages in the Website, which webpages you view, your search queries, error and performance reports, as well as device identifier or IP address, browser type, time zone and language settings and operating system.

“Data Collection Technology” deployed through the Website includes cookies and web beacons.

Web Beacons: A web beacon (also called a pixel tag or clear GIF) is computer code that communicates information from your device to a server.  Some of K&L Gates’s content and emails may contain embedded web beacons that allow a server to read certain types of information from your device, allow us to count the number of people who have viewed content, to know when you opened an email message and the IP address of your device.   Web beacons help K&L Gates develop statistical information to provide better and more personalized content.

Cookies: Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as user settings, browsing history and activities conducted while using the Website.

The Website uses the following cookies:

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To learn more about cookies and web beacons in general, visit www.allaboutcookies.org.

K&L Gates also uses analytics services, such as Google Analytics, to collect other information. The provider for Google Analytics is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA ("Google"). Google Analytics also uses cookies. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. The website uses Google Analytics with the extension "anonymize IP". This means that the IP address of the user collected by the Google Analytics cookie is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before transmission to the USA. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and only shortened there.

Google uses the information generated by the Google Analytics cookie on our behalf to evaluate the use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage. The IP address transmitted by the browser of the accessing system as part of Google Analytics is not combined with other data from Google. Further information on terms of use and data protection is available at http://www.google.com/analytics/terms/de.html and http://www.google.com/intl/de/analytics/privacyoverview.html respectively.

The user may also prevent the collection by Google of data generated by the Google Analytics cookie and relating to the use of the website and the processing of such data by Google by downloading and installing a browser plug-in. The user can also prevent the collection by Google Analytics by calling up the following link: Deactivate Google Analytics In this case, an opt-out cookie is set which prevents the collection of the user's data on future visits to our website.

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Data Collection Technology helps us improve your experience of the Website by measuring the success of marketing campaigns, compiling statistics about use of the Website and helping us analyze technical and navigational information about the Website.

We also may use Data Collection Technology to collect information from the device that you use to access the Website, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.

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Strictly Necessary: These cookies are essential to enable you to access our site, for example, cookies that enable you to log into secure areas of our site. You can block or delete them by changing your browser settings as described below under the heading "How do I change my cookie settings?" However, blocking or deleting "strictly necessary" cookies may prevent your access to the Website. We would not be able to operate our site without using the "strictly necessary" cookies listed below:


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Updates to this Policy
We reserve the right to update this Cookie Policy from time to time in order to reflect any changes to our Website or to comply with changes in our legal and/or regulatory obligations. We will post the revised version on the Website, with an updated revision date. By continuing to use our Website thirty days after such revisions are in effect, you will be deemed to accept and agree to the revisions and to abide by them.

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 non-partner level 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.

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We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter. Prior to that time, there is no assurance that information you send us will be maintained as confidential. Thank you for your consideration.

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