United States: California Quarterly Update (State Tax)

Welcome to the Reed Smith California State Tax Quarterly Update for the 3rd Quarter of 2013. With fall in full swing and summer an almost distant memory, we will update you on recent happenings in the California tax world, including: (1) a long-overdue legislative relief measure for a California incentive program; (2) a recent Superior Court case on unitary business and business income issues; (3) another recent Superior Court case on the sales tax treatment of licensed software; (4) several important property tax decisions involving the taxation of refinery property and intangibles; and (5) recent attempts by Franchise Tax Board ("FTB") auditors to use taxpayer reports of federal audit changes to improperly raise unrelated issues that would otherwise be out-of-statute.

For more information on any of these developments, contact one of the authors or the Reed Smith State Tax attorney with whom you usually work.

Legislative Update

The Legislature provides relief from retroactive taxation for California investors who qualified for the Qualified Small Business Stock incentives

On October 4, 2013, Governor Brown signed Assembly Bill 1412,1 which provides relief to taxpayers whom the FTB tried to assess for taking Qualified Small Business Stock ("QSBS") gain exclusions and deferrals under Rev. & Tax. Code sections 18038.5 and 18152.5, respectively, for tax years 2008 through 2012. Those provisions were modeled after federal income tax provisions providing for the exclusion or deferral of gain from the sale or exchange of QSBS.2

The legislation provides relief for taxpayers impacted by the decision in Cutler v. Franchise Tax Board.3 In that case, the Court of Appeal declared unconstitutional the California QSBS requirements that 80 percent eligible businesses' payroll and assets be in California. The FTB wrongly interpreted the court's holding to mean that the statutes were entirely unenforceable. As a consequence, the FTB began issuing retroactive notices of proposed assessment to taxpayers that had previously utilized the gain exclusion and deferral provisions—more than four years after the tax years had ended.

The FTB's actions were a black eye for California, prompting many California investors—who were the financial backbone of the state's startup businesses—to leave the state. By enacting AB 1412, the legislature ensured that investors who followed the rules would not be punished.

Takeaway: Although AB 1412 affected investors who had already claimed the QSBS gain exclusion or deferral on a previously filed return, it will also ensure that California taxpayers who did not previously claim the QSBS exclusion or deferral can do so for years that are still open by statute. Such individuals should file refund claims to ensure they get the benefit of this incentive. Also, individuals who were contacted by the FTB and paid taxes based on the FTB's prior policy should request refunds if they are not contacted by the FTB by November 30, 2013.

Comcast trial begins in Los Angeles Superior Court

On September 25, 2013, trial officially began in Comcon Prod. Services I., Inc. v. Franchise Tax Board.4 The case involves two principal issues: (1) whether Comcast was unitary with QVC, its majority-owned subsidiary; and (2) whether Comcast's receipt of a termination fee as a result of a failed merger constituted business income.

The trial has been highly anticipated since the California State Board of Equalization ("BOE") issued its decision in February 2012. The BOE voted 3-2 against Comcast, holding that it was unitary with QVC and that the fee Comcast received for a failed merger with MediaOne was apportionable business income. For more on the BOE decision, see our February 2012 alert.

In its trial brief, Comcast asserted that it was not unitary with QVC under any of the tests for unity. Comcast highlighted the fact that it is in the business of providing cable services, which is "in stark contrast to" QVC's business of being an electronic home shopping provider. While Comcast derived its income from monthly subscription fees, QVC derived its income from the sale of goods and services featured on its channel. It also asserted that even though it owned 57 percent of QVC it did not exercise control of QVC, and that Comcast management had a "hands off" approach to the QVC enterprise.

Comcast also asserted that the income it received from a termination fee stemming from a failed merger between itself and MediaOne was nonbusiness income allocable outside California. The merger agreement between Comcast and MediaOne contained a clause providing that in the event that either party terminated the agreement, the non-terminating party would receive a termination fee of $1.5 billion. MediaOne terminated the agreement and paid the fee. Under California law, income is classified as business income or nonbusiness income based on the application of the two-pronged UDITPA test. Under the UDITPA test, income is classified as business income if it satisfies either a transactional test or a functional test.5 Comcast argued that the termination payment failed the functional test, which examines whether the acquisition, management and disposition of the property that gave rise to the income constituted an integral part of the taxpayer's regular trade or business, because the property was not an integral part of its business operations. It also contended that it failed the transactional test, which looks at whether the transaction that gave rise to the income arose in the regular course of the taxpayer's business. It argued that the early termination fee was a "once-in-a-lifetime event," was not an integral part of its business operations, and was therefore nonbusiness income under California law.6

In contrast, the FTB argued that Comcast and QVC, together, constituted a unitary business. In addition, it argued that because Comcast built its business through acquisitions, the termination fee represented lost profits from its business, and that its rights under the merger agreement constitute property that was integral to Comcast's expansion efforts.

Stay tuned for updates on the court's decision and its repercussions for California businesses.

Court sides with taxpayer in dispute over sales taxability of licensed software

In another recent Los Angeles Superior Court case, Lucent Technologies, Inc., et al. v. Board of Equalization,7 the court ruled in favor of the taxpayer, Lucent Technologies, Inc. ("Lucent"), on cross motions for summary judgment. The issues in the case were whether the written agreements pursuant to which Lucent provided software to its customers were "technology transfer agreements"8 and, if so, whether there were triable issues of fact as to the amount of refund due based on the value of the tangible personal property.

Lucent manufactured and sold switching equipment to telephone service providers. The service providers used the switching equipment to provide telephone and other services to end customers. Lucent also owned the rights to the software that was necessary to operate the switching equipment. The telephone service providers that purchased the switching equipment were provided with discs containing the switching software under written agreements. The BOE asserted that a computer code stored on a physical medium is tangible personal property and therefore subject to the sales and use tax.

Lucent had argued that the decision of the Court of Appeal in Nortel Networks, Inc. v. Board of Equalization,9 controlled. In that case, Nortel designed, manufactured, and sold switching equipment to Pacific Bell. The switching equipment required software to operate, which Nortel also sold to Pacific Bell on storage media disks much like the ones that Lucent provided to its customers. The Court of Appeal held that the software sold by Nortel was exempt from the sales tax under the technology transfer agreement statutes because: (1) it was copyrighted; (2) it contained patented processes; and (3) it enabled the licensee to copy the software, and to sell and make products that embodied the patents and copyrights. For more on the Nortel decision, see our May 2011 alert.

Judge Kleinfield granted Lucent's motion for summary judgment, ruling that the sale of the switching equipment software by Lucent qualified as a technology transfer agreement. Relying on the analysis in Nortel, Judge Kleinfield remarked that "one could almost substitute the names of the plaintiff and the monetary amounts, and the facts would be essentially the same," and thus, the FTB was simply using the Lucent case to re-litigate Nortel. The court found there were no triable issues of fact and entered a refund judgment for Lucent.

A hearing has been set for November 18, 2013 to determine the amount of prejudgment interest, if any, to which Lucent is entitled.

Takeaway: Taxpayers that have not filed refund claims for California sales or use tax paid on purchases of sales of copyrighted or patented software, based on the Court of Appeal's decision in Nortel, should consider filing for a refund on the heels of the favorable Lucent decision.

California Supreme Court rules special assessment rule for refineries is invalid—but bases its decision on procedural grounds

In Western States Petroleum Ass'n v. Board of Equalization,11 the California Supreme Court considered a challenge to a BOE rule governing the valuation of petroleum refinery property for property tax purposes. In 1979, in response to the passage of Proposition 13 by California voters, the BOE enacted a rule for assessing the value of most industrial property,12 providing that the value of fixtures, including machinery and equipment, was to be assessed separately from the value of land and improvements. Because petroleum refinery property, usually consisting of land, improvement, and fixtures, was generally sold as a unit, the BOE enacted Rule 474, which provides that the value of petroleum refinery property must be assessed as one unit.13

The Western States Petroleum Association challenged Rule 474's substantive validity on two grounds: (1) that Rule 474 was inconsistent with Proposition 13 and related statutory enactments and was therefore an unlawful exercise of the BOE's authority; and (2) that its adoption by the BOE was procedurally deficient because the BOE did not adequately assess the economic impact of the regulation as required by the Administrative Procedures Act ("APA").14

The Supreme Court determined that, "Rule 474 is consistent with applicable constitutional and statutory provisions, and it is also consistent with the long-standing valuation principle that the proper appraisal unit is the collection of assets that persons in the marketplace normally buy and sell as a single unit."15 Based on this, the Supreme Court held that the adoption of Rule 474 did not exceed the BOE's rulemaking authority.

However, the court found that the BOE failed to make an adequate assessment of Rule 474's economic impact as required under the APA.16 Under the APA, the BOE is required to make a reasoned estimate of all cost impacts of its proposed rule on affected parties. The court found that the BOE did not make the required reasoned estimate of the Rule's economic impact on businesses. The analysis on which the BOE based its economic impact statement "leaves the reader without an understanding of what the taxes on a representative refinery would have been under the formerly applicable Rule 461(e), and what the taxes would be under the new Rule 474(d)(2)."17

For those reasons, the court held that although it was within the BOE's authority to promulgate Rule 474, it must invalidate the rule because the BOE failed to make an adequate determination of the rule's economic impact as required by the APA. 

Justice Kennard filed a concurring and dissenting opinion, agreeing with the majority's holding, but disagreeing that Rule 474 was a quasi-legislative regulation, subject to great judicial deference. Instead, Judge Kennard argued that the rule was just the BOE's interpretation of the legislature's definition of real property, and therefore was an interpretive regulation, subject to less judicial deference.

Takeaway: Although the taxpayer was victorious in this case, the court's holding being based on procedural grounds may lead to another—procedurally proper—attempt to implement the same rule. It may also lead to other challenges to special-industry assessment rules based on the same theories raised in this case. In addition, the holding suggests that other regulations may be invalid based on deficient compliance with APA standards.

California Supreme Court draws bright-line on taxation of intangibles

In Elk Hills Power, LLC v. Board of Equalization,18 California's highest court drew a bright line and held that assessors cannot include the value of intangibles when assessing taxable property. The decision addressed the proper treatment of emissions reduction credits ("ERCs"), but is applicable to all types of intangible property. Reed Smith filed an amicus brief supporting the taxpayer on behalf of the Institute for Professionals in Taxation.

Takeaway: The Elk Hills decision is a big win for taxpayers. Going forward, taxpayers should examine their property tax assessments and identify any intangibles associated with the property that should have been excluded from the valuation. For more on the Elk Hills decision, see our October 22 alert.

The California Court of Appeal applies Elk Hills

In EHP Glendale v. County of Los Angeles,19 the California Court of Appeal took a second look at an action for a property tax refund. The taxpayers, EHP Glendale and Eagle Hospitality Properties Trust, challenged an assessment by the Los Angeles County Assessment Appeals Board in 2005. In the first appeal, the court reversed the grant of summary judgment to EHP, finding that the trial court improperly rendered a decision on an incomplete record that contained disputed issues of fact. On a remanded bench trial, the trial court affirmed the assessor's and the Board's judgment.

EHP purchased a Hilton Hotel in the City of Glendale. The purchase included the hotel property and a franchise agreement for EHP to use the Hilton franchise in exchange for a royalty payment and management contract under which Hilton would continue to manage the hotel for two years. The total purchase price was $79.8 million, which was attributable to the real property, personal property, and intangible rights and assets (including the franchise agreement and management contract) associated with the hotel. After EHP purchased the property, the assessor reassessed the property establishing a Proposition 13 base year value of $79.8 million.

EHP appealed that assessment, contending that the market value of the hotel was $51 million and that the assessor's methodology was invalid because the assessment impermissibly captured the value of nontaxable intangible assets. To assess the property, the assessor used the income capitalization approach, under which he analyzed the hotel's historical operating revenue and expenses, and used the data to develop a stabilized income and expense projection for the property as of the 2005 change in ownership date.

EHP argued that the franchise and management agreements and assembled hotel workforce had independent value at the time of sale, and that the assessor was legally required to deduct those values from the purchase price in the agreement. EHP also argued that the hotel's various services (food and beverage, telecommunications, business center, health club, etc.) were independent businesses whose values should have been deducted from the hotel purchase price.

Ultimately, the Court of Appeal determined that the sole question on appeal was whether substantial evidence supported the original assessment by the appeals board. The court found that the assessor properly complied with Elk Hills by deducting the franchise and management fees from the income stream to remove their values from the valuation of the taxable property. EHP had argued that an insufficient amount was deducted from the income stream to account for the value of intangible assets under Rule 8(e).20 On this point, the court determined that the assessor's valuation merely reflected the presence of the service centers as an indirect contribution to the operation of a full-service hotel, consistent with the Elk Hills opinion.

Takeaway: Consistent with Elk Hills, taxpayers should examine their property tax assessments and identify any intangibles that should have been excluded from the valuation.

Not so fast – aggressive FTB auditors have been using federal changes to improperly reopen closed periods for issues unrelated to the federal changes.

FTB auditors have become increasingly aggressive in using federal audit determinations as a basis for reopening entire taxpayer returns for otherwise closed periods. Under California law, when a taxpayer reports a federal change, the FTB can only audit those items on the California return that changed as a result of the federal audit determination.21 There have been several incidents in which FTB auditors have attempted to ignore this rule and use reports of federal audit determinations as an opportunity to raise issues unrelated to the federal changes. For example, FTB auditors have attempted to raise issues related to the composition of a taxpayer's California unitary group in the context of a report of a federal audit change that simply changed the taxpayer's federal taxable income. Reed Smith's State Tax Group has been successful in getting the FTB to drop assessments arising from attempts by auditors to untimely raise issues unrelated to federal audit changes.

Meet the Team: Brian Toman

Brian is a partner based in the San Francisco office with a practice focused on state and local tax controversies, tax planning and transactional matters. Brian has extensive experience in California state corporation income tax, personal income tax, sales and use tax, and property tax matters. Prior to entering private practice, Brian held the position of Chief Counsel of the FTB. As Chief Counsel, Brian oversaw the FTB's litigation cases, which included some of the most complex and sensitive state corporate income tax and personal income tax cases in the nation. He was also responsible for the FTB's administrative protest and settlement functions and appeal cases before the BOE. Brian continues to maintain extensive contacts within the FTB.

Brian is nationally recognized as a leading authority on the unitary concept and formula apportionment. He has been engaged as an expert witness in both California corporation and personal income tax matters. He has also functioned as the lead attorney, in both public service and private practice, in settling some of the largest and most complex California corporate and personal income tax cases. His experience in the public and private sectors makes him an invaluable member of the Reed Smith State Tax team.
Outside of his practice, Brian enjoys traveling and has visited many countries in Asia, Africa, South America and Europe. Brian is also an avid jogger.

About Reed Smith State Tax

Reed Smith's state and local tax practice is comprised of more than 30 lawyers across seven offices nationwide. The practice focuses on state and local audit defense and refund appeals (from the administrative level through the appellate courts), as well as planning and transactional matters involving income, franchise, unclaimed property, sales and use, and property tax issues. Click here to view our State Tax team. For more information on Reed Smith's California tax practice, visit www.reedsmith.com/catax.

1. Stats. 2013, ch. 546, effective January 1, 2014.
2. IRC §§ 1202 (gain exclusion) and 1045 (gain deferral).
3. 208 Cal. App. 4th 1247 (2012).
4. Case No. BC489779 (L.A. Sup. Ct.).
5. Hoechst Celanese Corp. v. Franchise Tax Board, 25 Cal. 4th 508 (2001).
6. Cal. Rev. & Tax. Code § 25120
7. Case Nos. BC 341568 and BC448715 (L.A. Sup. Ct., Sept. 27, 2013)
8. A "technology transfer agreement" is "any agreement under which a person who holds a patent or copyright interest assigns or licenses to another person the right to make and sell a product or to use a process that is subject to the patent or copyright interest." Cal. Rev. & Tax. Code §§ 6011(c)(10)(D); 6012(c)(10)(D). Intangible personal property transferred with tangible personal property in any technology transfer agreement is exempt from sales and use tax if the technology transfer agreement separately states a reasonable price for the tangible personal property. Cal. Rev. & Tax. Code §§ 6011(c)(10)(A); 6012(c)(10)(A).
9. 191 Cal. App. 4th 1259 (2011)
10. Id. at 1264.
11. S200475, filed August 5, 2013.
12. 18 CCR § 461.
13. 18 CCR § 474.
14. Cal. Gov. Code § 11346 et seq.
15. Opinion at 2.
16. Id.
17. Opinion, quoting Court of Appeal.
18. California Supreme Court, Docket No. S194121 (August 12, 2013).
19. California Court of Appeal, Second Appellate District, Division 8, B244494 (Sept. 18, 2013).
20. Rule 8(e), 18 CCR § 8(e), describes two methods for estimating future income: using recently derived income and recently negotiated rents or royalties of the property or comparable property so long as the rents are reasonably indicative of the income the property will produce at its highest and best use; or, using income from operating a property so long as sufficient income is excluded to provide a return on working capital and other nontaxable operating assets, and to compensate unpaid or underpaid management.
21. Cal. Rev. & Tax. Code § 19059.

This article is presented for informational purposes only and is not intended to constitute legal advice.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions