PRIVACY AND DISCLAIMER POLICY

This policy describes our practices on the Firm’s website (www.carverdarden.com, or related website) where it is posted. It also applies to blog content, text messages, and emails relating to such website or a person utilizing a carverdarden.com email address.

This policy does not apply to our use of employee information. It also does not apply to information we collect from you offline.

You agree to the terms in this policy when you use this site or any website related to the Firm.

THE INFORMATION WE COLLECT:

If you use our websites, we may collect information about the browser you are using. Our web servers, or other web servers, may store your IP address and domain. We may capture the pages visited while you were on our site. We may capture what site you came from, or what site you visit when you leave us. We collect this information using tracking tools described in this policy. To control those tools, please read the “Your Choices” section.

HOW WE COLLECT INFORMATION:

We collect information directly from you. For example, if you contact us to ask questions or leave comments.

We collect information from you passively. We use tracking tools like browser cookies, flash cookies, and web beacons. To learn more about these tools and how you can control them, read the “Your Choices” section.

HOW WE USE INFORMATION:

We use tracking information to improve our website. For example, we might use cookies to track new or past website visitors. We may also use tracking tools to see what areas of our site are the most interesting to our visitors.

INFORMATION SHARING:

We may share your information as legally required, including if we reasonably think we have to in order to comply with the law. For example, we will share information to respond to a court order or subpoena. We may also share if a government agency requests. We may also share if an investigatory body requests.

We may share your information for other reasons which we may describe to you.

YOUR CHOICES:

You can choose not to provide personal information. However if you don’t provide us with information some website features may not work. You can also choose to configure browser not to accept cookies. If you do so, however, some parts of our website may not work.

WHERE WE STORE INFORMATION:

Our site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us may be transferred to the United States. Please also be aware that by using our sites and giving us your information, you consent to such transfer. You also understand that the United States may not provide the same level of protections as the laws of your country.

SECURITY:

We use industry standard means to protect our website and your information. The Internet is not 100% secure, though. We cannot promise that your use of our site will be completely safe. We encourage you to use caution on the Internet.

LINKS:

Our site contains links to third party sites. If you click on one of those links, you will be taken to websites we do not control. This policy does not apply to the information practices of that website. You should read the privacy policy of other websites carefully. We are not responsible for these third party sites.

POLICY UPDATES:

From time to time we may change our privacy practices. The latest version of this policy will be posted here.

MORE QUESTIONS:

If you have additional questions you can call us at 504-585-3800, fax us at 504-585-3801, or reach us by email at recept@carverdarden.com. You can write to us at:

Attn:Webmaster
Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, LLC
1100 Poydras Street, Suite 3100
New Orleans, LA 70163

Please include your email address, name, address and telephone number when you contact us. This helps us handle your request correctly.

WEBSITE TERMS OF USE:

Your use of the websites on which these terms reside (collectively, the “Site”) and any features on the Site are subject to these Terms, which we may update from time to time. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to us, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Louisiana law. If you do not agree to these Terms, do not use this Site.

We reserve the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of this Site after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in this Site and that we will have no liability to you if this Site is discontinued or your ability to access the Site is restricted.

Although the information contained in the Site is based upon up-to-date information, and while the Firm makes all reasonable efforts to insure that all material on this Site is correct, accuracy cannot be guaranteed and the Firm makes no warranties or representations as to its accuracy.

THIRD PARTY WEBSITES:

Although this Site may be linked to other sites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site you acknowledge and agree that we have not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk. 

   

THE MATERIALS ON THIS WEB SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE.

Your review of the information on this web site is not intended to create an attorney-client relationship between you and the Firm. You should not act or rely on any information in or referenced by this website without seeking the advice of a qualified attorney. The hiring of an attorney is an important decision that should not be based solely upon your review of websites and advertisements. Before you decide, please contact one of our attorneys to obtain more information about our qualifications and experience.

Any information that you send us in an email message may not be confidential or privileged. Sending us an email message will not make you a client of Carver Darden and will not create an attorney-client relationship. Although we would be pleased to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. If you are interested in having us represent you, please call us at 504-585-3800 and we will determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by an email communication. We reserve the right to decline any representation for any reason, and may be required to decline representation if it would create a conflict of interest with our other clients. You should therefore not provide us with any confidential information – whether by letter, email or telephone-until after we have had an opportunity to determine whether representing you would create a conflict of interest with any of our other clients. Accordingly, please do not send any confidential information to us, unless you have first received a written engagement letter from us that we represent you. Unless we represent you, any information that you send us may not be treated as privileged or confidential and you may lose or materially prejudice your valuable rights and interests. Email transmissions are NOT SECURE. Users or visitors are encouraged not to send information of a sensitive nature, privileged or confidential via email. The best way to initiate a possible representation is to telephone or make an appointment with one of our attorneys, who can then take you through our conflict-of-interest procedure and help you decide if we are suited and available to handling your needs.

All attorneys in our New Orleans office are licensed to practice law in Louisiana, and all attorneys in our Pensacola office are licensed to practice law in Florida; unless otherwise indicated. The listing of practice areas or experiences does not indicate or imply that any of our attorneys are certified, or a specialist or an expert in a particular area of law. Unless otherwise clearly indicated in the individual attorney biographies, please do not assume that any of our attorneys are certified by the Louisiana Board of Legal Specialization, or any other federal or state agencies.

Statements contained on this website relating or referring to past results, client testimonials or an attorney’s representative matters are informational only. Results may vary depending upon specific facts and law.

In some cases, the Firm retains special counsel to assist the Firm in servicing our client’s interests.

The Firm does not guarantee the material on this website to be accurate or up-to-date. Any links and references to other sites or entities are provided only for the general interest of our visitors, and are not intended to state or imply that the Firm is affiliated with, endorses, or is endorsed by, such other sites or entities, or is legally authorized to use any trade name, trademark, service marks, logo, or copyrighted material reflected in such sites.

The Firm has endeavored to comply with the Louisiana State Bar Association Rules of Professional Conduct and other applicable state bar rules in compiling this website. In some jurisdictions, this website may be considered an ADVERTISEMENT and is required to be designated as such. To the extent that the rules in Louisiana, Florida, or other jurisdiction require us to designate a principal office and/or single attorney responsible for the content of this website, the Firm designates our office in New Orleans, Louisiana as its principal office and Robert S. Stassi as the attorney responsible for this website. The Firm does not desire to represent clients generated by this website from jurisdictions where the material on this website does not comply with the ethical rules governing the content of law firm websites.

 

ELECTRONIC MAIL CONFIDENTIALITY NOTICE

The Firm utilizes a server based Email system as well as portable devices for electronic communications. All electronic mail sent from Firm personnel is subject to the below standard Electronic Mail Confidentiality Notice and is deemed to have been delivered with this notice attached:

All electronic mail messages and attachments sent to or from the Firm may contain confidential information belonging to the sender which is protected by the attorney-client privilege. This information is intended only for the use of the individual or entity in the electronic communication. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution (electronic or otherwise), forwarding or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received any electronic transmission in error, please immediately notify us by telephone, facsimile, or email to recept@carverdarden.com to arrange for return of the electronic email, attachments, or documents.

 

COMPLIANCE WITH IRS CIRCULAR 230 NOTICE & TAX REGULATIONS

IRS Circular 230 Required Notice–IRS regulations require that we inform you that to the extent fax or email communications contain any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) for the purpose of avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.

The United States Treasury Department and the Internal Revenue Service have been engaged in an effort to curb abusive tax shelters. As part of this effort, the IRS issued regulations known as IRS Circular 230 that have broad effects on tax-related communications sent by the firm to clients, including those communications relating to federal income tax planning techniques.

The new rules require us to add certain standard language to many of our letters, memos, e-mails, and other correspondence concerning federal tax matters, unless the advice is in the form of a formal opinion that complies with the requirements of IRS Circular 230.

The standard language follows:

IRS Circular 230 Required Notice–IRS regulations require that we inform you that to the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) for the purpose of avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.

In order to comply with the requirements of IRS Circular 230, the firm has adopted a policy of generally including language similar to that described in the previous paragraph in all written communications (including e-mails) sent by attorneys unless the writer specifically determines not to include it. As a result, you may see the disclosure language in e-mails from us that do not discuss any tax issues. The inclusion of the disclosure does not indicate that tax-related penalties would, or could, be asserted.

A practitioner who fails to satisfy the requirement of the new rules risks censure, disbarment and substantial penalties.

In those cases where a client does not want written advice to state that it cannot be used for the purpose of avoiding tax-related penalties, attorneys will often need to provide lengthy opinions which carefully evaluate all potential federal tax issues. These opinions will likely require a time-consuming investigation into the facts underlying the federal tax issues and a substantial amount of research of relevant law to determine whether we can issue such an opinion. Unfortunately, we believe that complying with Circular 230 in providing such tax advice may substantially increase costs to clients.

Should you have any questions about IRS Circular 230 or the disclosure, please call us.