United States: Understanding Your Rights In Response To A Congressional Subpoena

Keywords: congressional subpoena, congressional investigations, NSA, financial services regulation, United States Congress

As Congress begins its 2014 session, all signs point to an agenda dominated by aggressive congressional investigations. From the implementation of the Affordable Care Act to the conduct of the NSA surveillance program to perennial concerns over financial services regulation, Congress is likely to investigate a wide variety of matters that will impact public and private parties. In this primer, Mayer Brown lawyers discuss the general contours of Congress's investigative authority and subpoena power. They also provide some practical advice regarding the protections available to the subjects of congressional investigations.

Most Americans understand that the United States Congress is constitutionally vested with the power to make laws. What is often less well understood—but may be just as important to those who are subject to its jurisdiction—is Congress's power to investigate matters through the issuance of subpoenas and other compulsory processes. Put simply, Congress can compel the production of documents and sworn testimony from almost anyone at almost any time. And unlike the judicial process overseen by the courts, the congressional system offers relatively few procedural protections for those individuals or companies who find themselves subject to, what founder and early Supreme Court Justice James Wilson called, "the grand inquest of the state."1 As an independent and coequal branch of government, Congress's investigative power is largely unchecked by the courts, as a matter of constitutional design. Thus, the true limitations upon Congress's authority are pragmatic and based upon institutional and political power dynamics.

In this article, we discuss the contours of Congress's investigative authority and subpoena power. We also provide some general advice regarding the protections available to parties that are subject to a congressional investigation. Although this article is intended to provide a basic primer, it is no substitute for a tailored response strategy. Each congressional investigation is different. The strategies and opportunities that are available to a party in a given investigation will be as varied as the matters that the Congress may seek to investigate. For that reason, it is essential that individuals or companies that learn they are subject to a congressional investigation seek out the advice of experienced legal counsel as soon as possible. In addition to the authors, Mayer Brown has a wide array of lawyers with litigation, regulatory, and government expertise and substantial experience representing individuals and corporations that find themselves the targets of congressional investigations.

The Scope of Congress's Subpoena Power

Congress has long been held to possess plenary authority to investigate any matter that is or might be the subject of legislation or oversight. And as the Supreme Court observed over 35 years ago, this authority includes the power to use compulsory processes, such as the issuance of subpoenas. See Eastland v. U.S. Serviceman's Fund, 421 U.S. 491, 504 (1975). The scope of Congress's power "is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution." Id. at 504 n.15 (quoting Barenblatt v. U.S., 360 U.S. 109, 111 (1959)). Put another way, although Congress ought not to delve needlessly into the "private affairs" of the citizenry, it has the power to inquire about and investigate any issue "on which legislation could be had." Id. (quoting McGrain v. Daugherty, 273 U.S. 135, 177 (1927)). So long as Congress stays within this "necessarily broad" grant of constitutional authority, courts have little power to restrain its action. See Id. at 508 ("The wisdom of congressional approach or methodology is not open to judicial veto.").

As a practical matter, this means that courts generally will not interfere with a congressional subpoena absent a truly opprobrious violation of an individual's constitutional rights. Indeed, in the entire history of American jurisprudence, courts have sought to limit congressional investigations in only a handful of cases and, there, only in the face of blatant constitutional violations. See, e.g., McSurely v. McClellan, 521 F.2d 1024, 1043 (5th Cir. 1975) (holding that the Fourth Amendment applied to congressional inquiries, and explaining that congressional staff did not have immunity from a civil lawsuit alleging that they participated in an unlawful search and seizure by removing documents from a private residence); see also Exxon Corp. v. FTC, 589 F.2d 582, 590 (D.C. Cir. 1978) (declining to issue an injunction to protect purported trade secrets from congressional subpoena because, "[a]lthough the courts will intervene to protect constitutional rights from infringement by Congress, including its committees and members, where constitutional rights are not violated there is no warrant for the judiciary to interfere with the internal procedures of Congress.")

In sum, the legal authority of Congress to seek and use investigatory information is extremely broad and is subject to only minimal oversight by the courts. Absent clear violations of substantive constitutional rights, there are few formal restraints on congressional action, and recourse to the judiciary for relief from such action is extremely limited.

Protections, Privileges and Procedural Rules

Each chamber of Congress has exclusive authority to determine and construe its own internal procedural rules. U.S. CONST., Art. I, § 5, cl. 2. This authority includes the discretion to apply, construe, and/or waive procedural requirements governing the conduct of congressional investigations. See AFL-CIO v. U.S., 330 F.3d 513, 522 (D.C. Cir. 2003) (explaining that Congress has "broad discretion" to conduct investigative proceedings and to decide what aspects of such proceedings are to be made public). Although it is not uncommon for individual members to make informal requests for information, the true constitutional authority of Congress to investigate using compulsory process is vested in each chamber's various standing committees. Individual members acting on their own have no ability to issue subpoenas or compel compliance. Those powers are resident solely in the various committees and are governed primarily by committee rules. The procedural protections afforded to responding parties, therefore, will vary depending upon the rules of the committee pursuing the investigation and the goals of that committee's chairman and other senior members.2

Given the wide latitude afforded to committees, strategies for managing congressional investigations generally involve understanding the policy and political purposes of the investigation and engaging committee staff on those issues. Any protections afforded to the responding party will typically be the product of negotiations with committee staff and/or political constraints on the committee. In this section, we discuss the process by which committee investigations generally advance, and we identify some issues that are commonly negotiated between counsel and committee staff, including the availability of legal privileges, the confidentiality of information, and the need for witness testimony.

The Enforcement Process. Congressional investigations often begin informally, with the interested committee or subcommittee first seeking information on a voluntary basis (i.e., by sending a letter request or asking for an informal interview), rather than by issuing compulsory subpoenas. Although there is no legal obligation that a party comply with such a request, it is typically in the responding party's best interest to do so, except where privileged or other sensitive information is involved, as discussed in more detail below. These informal requests present an important first opportunity for the responding party to shape the views and perceptions of the committee staff. Congressional staff members are required to work on a wide range of issues. They will rely heavily on a responding party whom they view as trustworthy to educate them on the issues under investigation. In addition, cooperating with an initial request allows the responding party to demonstrate that it is compliant and respectful, favorably influencing the staff and potentially mitigating the risk that members will publicly attack the responding party for noncooperation.

As we noted above, there are few judicial limits placed upon the scope of a congressional investigation. As a practical matter, however, the mechanisms that Congress must use to enforce a subpoena or to sanction a party for contempt are time-consuming and cumbersome, with each escalating step in the process requiring a greater level of political commitment. For example, most committees' rules authorize their subcommittees or chairpersons (occasionally in consultation with the ranking members) to issue subpoenas requesting documents or information. If a responding party fails to comply with the subpoena, committee rules then typically require a majority vote of the full committee before a resolution of noncompliance may be reported to the parent chamber. This additional requirement operates as a political brake on any committee or subcommittee hastily citing a party for contempt.

If there are insufficient votes in committee to report a resolution of noncompliance to the full chamber, the committee may simply reject the resolution and pursue no further action. If there are sufficient votes in favor, the report must typically then pass from the committee to the parent chamber (either the House or the Senate) to face a floor vote before a resolution of contempt may be issued. The level of support necessary to pass a resolution of contempt by chamber vote is obviously significantly greater than that needed to issue the subpoena in the first instance. In many cases, there will be insufficient interest in the chamber for a resolution of contempt to pass. One wild card in this equation, however, is press coverage. Issues garnering substantial media attention and public interest are much more likely to capture the interest of members and to move quickly through the enforcement process.

Assuming that a resolution of contempt is approved, Congress must then pursue one of three options for actually enforcing its contempt order. First, either chamber may invoke its inherent contempt power by instructing its sergeant-at-arms to arrest the noncompliant party and bring him or her before the chamber's presiding officer. Theoretically, the chamber is empowered to hold the noncompliant party in the Capitol jail until the end of the legislative session. In practice, however, this practice has long been dormant and has not been employed by either chamber for over 80 years. See Jurney v. MacCracken, 294 U.S. 125, 147-48 (1935) (addressing the last invocation of the inherent contempt power). Second, the presiding officer of either chamber may refer the matter to the U.S. Attorney for the District of Columbia to pursue criminal contempt proceedings, pursuant to 2 U.S.C. §§ 192, 194. Third, the Senate rules authorize the Senate to initiate a civil action in federal district court, seeking a court-ordered injunction to compel compliance with Senate process. Any person failing to comply with such an order would be subject to contempt of court under traditional judicial processes.

Scope of the Inquiry. Whatever formal enforcement mechanism Congress may ultimately decide to pursue, the process will inevitably require a significant commitment of time, resources, and political will. As a result, members and committee staff generally prefer to resort to formal processes only when they are absolutely necessary, giving the responding party some limited ability to negotiate the scope of an information request (i.e., by seeking to limit the time frame or subject area of the requests). The standard practice, therefore, is for the responding party's counsel to engage with the committee staff in a negotiation regarding scope, while at the same time still attempting to be reasonable and compliant with the request. In practice, congressional staff members are aware of the reputational costs that the investigative process imposes upon private parties, yet they vigorously pursue documents that they believe may be important to the goals of their investigation.

Legal Privilege and Work Product Protections. One of the most important distinctions between congressional investigations and those conducted by law enforcement agencies is that Congress is not judicially obligated to acknowledge the attorney-client privilege or work product doctrines. Because these privileges are not generally recognized as constitutional guarantees, it is usually within the investigating committee's discretion to decide on a case-by-case basis whether to recognize the attorney-client privilege or work product doctrine. See, e.g., M. Rosenberg, Report for Congress On Investigative Oversight, Congressional Research Service (1995) at 7. Again, this is often a point of negotiation between the committee and counsel for the responding party. In many cases, privilege concerns can be addressed by counsel persuading committee staff that certain privileged materials are not critical to the investigation, or by negotiating a compromise to provide the factual information to the committee without producing the privileged documents in which the facts may be embedded.

The ability to negotiate protections for privileged information will turn on the facts of the particular investigation, as well as the policy and political purposes motivating the investigation. Obviously, committee staff will be less willing to negotiate with a responding party that they regard as a bad actor or an attractive political target. To maximize the potential for success, therefore, the responding party must work diligently to cultivate credibility with the committee and to allay any concerns that the privilege will be used inappropriately.

It must be noted that there is a fundamental tension between a responding party's obligation to cooperate with a congressional demand for privileged information and the need to demonstrate resistance to such a demand in order to prevent a voluntary waiver of the privilege for purposes of private litigation. "[I]f a party voluntarily discloses part of an attorney-client conversation, the party may have waived confidentiality—and thus the attorney-client privilege—for the rest of that conversation and for any conversations related to the same subject matter."Williams & Connolly v. SEC, 662 F.3d 1240, 1243 (D.C. Cir. 2011) (emphasis in original). Thus, although Congress ultimately has the ability to insist upon the production of privileged information, responding parties are advised to strenuously "seek to quash or limit [a congressional] subpoena on all available, legitimate grounds" in order to protect the privilege. See Ethics Opinion No. 288, District of Columbia Bar (1999) (considering an attorney's ethical obligation to protect client information in the face of a congressional subpoena). Initial strenuous resistance to a congressional demand may help to preserve the privilege in other contexts (including private litigation against third parties) by showing that the disclosure of the privileged information is compulsory, heading off arguments that the privilege has been voluntarily waived. At a minimum, navigating the dual imperative of cooperating with Congress and protecting the privilege will pose a series of difficult strategic decisions for the responding party throughout the Congressional investigation.

Confidentiality. Put simply, concerns about the confidentiality or privacy of information will not generally operate to limit the scope of a congressional subpoena. Courts have repeatedly held that subpoena respondents may not refuse to provide information to Congress based on purported concerns about sensitive information. See Exxon Corp., 589 F.2d at 590; see also FTC v. Owens-Corning Fiberglas Corp., 626 F.2d 966, 970 (D.C. Cir. 1980) ("Once documents are in congressional hands, courts must presume that the committees of Congress will exercise their powers responsibly and with due regard for the rights of affected parties.") Likewise, documents that are usually protected from disclosure by the Trade Secrets Act, 18 U.S.C. § 1905, the Privacy Act, 5 U.S.C. § 552, or under exceptions to the Freedom of Information Act, 5 U.S.C. § 552, are not exempt from production to Congress. Nor will courts act to "block disclosure of information in Congress's possession, at least when the disclosure would serve a valid legislative purpose." Owens-Corning, 626 F.2d at 970 (citing Doe v. McMillan, 412 U.S. 306 (1973)). And once documents are in Congress's possession, there are no legal restraints on its ability to release them or otherwise disclose sensitive information. A responding party must expect, therefore, that any information provided to Congress—even information that is otherwise entitled to protection as confidential or privileged—may become public. As with the other areas we have noted, certain privacy concerns may be raised with committee staff and negotiated on a case-by-case basis.

Testimony at Public Hearings. In addition to their power to compel the production of documents, congressional committees also have the ability to issue testimonial subpoenas requiring individuals to appear at public hearings. For the same procedural reasons described above, committees nevertheless typically prefer to request voluntary testimony rather than issue formal testimonial subpoenas. This presents responding parties with an opportunity to attempt to negotiate who may testify (i.e. whether senior executives or PR representative will be permitted to testify on a company's behalf) as well as the subjects of the testimony.

A public hearing is usually one of the last things to occur in a congressional investigation, and it typically signals the end of the committee's fact-finding efforts. Often, the hearings themselves have no fact-finding purpose and are simply opportunities for the members to make their views known to the public or to embarrass witnesses or their employers. Indeed, in some cases, the committee may release a preliminary report of its findings prior to conducting any hearing. Hearings generally begin with an opening statement by the chairman, followed by tightly scripted member statements and questions for the witness (often these "questions" are themselves short speeches).

Witnesses testify under oath and may be represented by counsel, but counsel's role is limited. For example, counsel is not generally permitted to interpose objections to questions. Witnesses may make brief opening statements covering the crucial points of their testimony, and they may request that a fuller written statement be made part o---f the record. In answering questions before a committee, witnesses are advised to choose their words carefully and to avoid direct confrontation with the questioners. Federal criminal statutes akin to perjury and obstruction of justice apply in the context of congressional testimony, so it is important that witnesses are well-prepared to answer questions honestly while limiting responses to only those questions that are actually asked. The Fifth Amendment privilege against self-incrimination also applies in the context of congressional hearings.

Political and Institutional Opportunities

Ultimately, understanding the political dynamics at work in a congressional investigation is as important as understanding the procedural rules. More often than not, it is political calculation (including an evaluation of potential reputational harms and follow-on legal risks), rather than any procedural rule, that will drive the course of a congressional inquiry. Fundamentally, congressional committees and their members wish to be perceived by the public as effectively responding to highly important public issues. Media coverage and high-publicity events, therefore, have the potential to dramatically affect the pace and tone of an investigation. By the same token, investigations that may appear troubling at their outset often come to nothing as the lawmakers and the public shift their focus to other concerns. Parties that are sensitive to the relevant political issues can often avoid missteps that would make them attractive investigative targets.

To effectively navigate the congressional investigation process requires skill, creativity, and experience. It also requires strategic planning and thinking. At Mayer Brown, we have assembled a diverse and bipartisan team of experts designed to handle the disparate political, regulatory, and media challenges that arise in these situations. We encourage our clients or prospective clients facing a congressional inquiry to contact us as early in the process as possible, so that we can deploy an effective response strategy specifically tailored to their needs.

Originally published January 14, 2014

Footnotes

1 THE WORKS OF JAMES WILSON 415 (1967 ed.).

2 It is important to understand the different capacities in which members may request information. For example, Representative Darrell Issa is an individual member with an interest in issues that impact his constituents in California's 49th Congressional District. He is also, however, Chairman of the House Committee on Oversight and Government Reform. In this latter capacity, Issa has a significant institutional ability to direct committee staff to subpoena documents, conduct hearings, and to shape any investigation conducted under the auspices of the Oversight Committee. For example, the Oversight Committee's rules expressly give the Chairman unilateral subpoena authority. Other individual Members, acting without the support of their Committee leadership, do not have the same unilateral subpoena authority.

Learn more about our Congressional Investigations & Crisis Management, Government Relations and White Collar Defense & Compliance practices.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2014. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
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.

    Disclaimer

    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.

    Registration

    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.

    Cookies

    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.

    Links

    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.

    Mail-A-Friend

    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.

    Emails

    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 .

    Security

    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