*Bar Membership: Michael H. Cohen is a member of the Bar in California, Massachusetts, New York, and Washington, D.C. and does not practice law in any other state. Mr. Cohen does not seek to represent anyone based solely on a visit to the attorney’s web site. For more information please contact the Michael H. Cohen Law Group. Clients in states other than those in which attorney Michael H. Cohen is a member of the Bar should consider seeking independent legal counsel from an attorney licensed in those particular states.
No Attorney-Client Relationship: The materials in this website have been prepared by the Michael H. Cohen Law Group, PC (“Law Group”) for informational purposes only and are not legal advice or counsel. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon any information in this website without seeking professional counsel. The information contained in this website is provided only as general information, which may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state.
Disclosure Regarding Attorney Advertising (Re Website & Blog): This website is not intended to be advertising. Some jurisdictions may consider the Site to be a form of advertising for legal services and as such may require specific disclosures. In such case, please read the following carefully: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Hiring a lawyer is an important process that should not be based solely upon advertisements.No representation is made that the quality of the legal services to be performed by us is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered. No attorney can guarantee the success of a case and past successes even in very similar lawsuits do not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case. The material on our Site is not intended to, and does not, include any advertisements for legal services that contain dramatizations, testimonials or endorsements. The images and pictures on our Site are not meant to represent or depict actual persons or events, but rather are merely provided for illustrative purposes only. To the extent that we do not comply with the laws or regulations of any jurisdiction in which it may be received, we do not wish to, and will not knowingly, accept legal representation based on or resulting from the use of the Site from a person located in that jurisdiction.
Testimonials: We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings. Nor do we claim that a significant number of consumers may obtain similar results. Another way to state this is that results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience. Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written testimonials and endorsements.
No Warranties: We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If you are dissatisfied or harmed by anything relating to this site, you may leave this site and this will be your sole and exclusive remedy. Any review or other matter that could be regarded as a testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of an individual’s legal matter. Any initial consultation either by phone or email exploring the possibility of legal representation and/or preliminarily reviewing possible issues is exploratory only; it does not offer legal advice or opinion and should not be relied upon as such; no attorney-client relationship exists unless and until both parties agree on and mutually sign a binding legal services agreement specifying terms of the engagement.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
Errors & Corrections: We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the site will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the site at any time. In no event shall we be liable for any such errors or defects.
Intellectual Property: The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound. The content is protected by copyright law, registered and unregistered trade marks, database rights and other intellectual property rights. You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Waiver; Severability. Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
Arbitration: Any disputes arising out or related to use of this Sitethis agreement and/or the relationship between you and us shall be submitted to arbitration in San Francisco, CA carried out in accordance with the rules of the American Arbitration Association.
All of our External Policies, which are applicable to clients of Law Group, are hereby incorporated by reference.
Entire Agreement: This agreement constitutes the entire agreement between you and us and governs your use of the site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Additional Terms Applicable to the eLearning Portal
The awarding of a certificate in any courses offered in the online educational Web portal does not imply licensure by any state regulatory authority, nor does it confer any power or authority under law. It is merely a recognition of achievement.
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Michael H Cohen Law Group products and/or services, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Michael H Cohen Law Group products and/or services.
(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at courses.michaelhcohen.com depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Michael H Cohen Law Group products and/or services, and/or any monies spent setting up, operating, and/or marketing Michael H Cohen Law Group products and/or services, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Michael H Cohen Law Group products and/or services has been arbitrarily set by us. This price bears no relationship to objective standards.
HIPAA Manual Disclaimer
By purchasing and/or using this Manual, you understand and agree to the following. The materials in this Manual have been prepared by the Michael H. Cohen Law Group, PC (“Law Group”) for informational purposes only and are not legal advice or counsel. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon any information in this website without seeking professional counsel. The information contained in this Manual is provided only as general information, which may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state.
You understand that compliance is a complex and dynamic activity—not merely one-time creation of a manual. As well, HIPAA compliance presents many specialized situations require nuanced decision-making and additional compliance efforts—for example, dealing with personal representatives, decedents, de-identified record sets, responding to a subpoena, red flag rules related to financing, records in mental healthcare facilities, marketing or fundraising, bring your own device (BYOD) issues, etc. In addition, state laws not referenced herein could apply, such as fees that may be charged for furnishing records and additional policies could be drafted to handle these situations. Compliance is an asymptotic quest for perfection but can never be guaranteed, just as one cannot guarantee that no data breach will happen despite the best protocols. In case of a data breach, contact counsel as there may be updated legal requirements and strategy beyond what is contained in this Manual.
We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THIS MANUAL.
Any disputes arising out or related to use of this Manual and/or the relationship between you and us shall be submitted to arbitration in San Francisco, CA carried out in accordance with the rules of the American Arbitration Association. This agreement constitutes the entire agreement between you and us and governs your use of the site, superseding any prior agreements between you and us.
The publishing lawyer and law firm values the privacy of its clients and Web/blog site viewers. Any of the following personal information that may be made available to the lawyer or firm when browsing or navigating the site shall be kept confidential:
- First and last name
- Company, home, postal or other physical address
- Other contact information, for example, telephone number, fax number, email address, and other similar information
- Title or position in a company or an organization
- Personal interests
- Any other information needed to provide a service you requested.
Examples of scenarios where our visitors provide their personal information include, but may not be limited, to:
- Emailing, calling or communicating with the lawyer or law firm, via the contact form on the website.
- Posting a question or comment through the site.
- Requesting literature.
- Registering to attend a seminar or any event.
- Participating in an online survey.
- Requesting inclusion in an email or other mailing list.
- Submitting an entry for a contest or other promotions.
- Logging in to the site, thus requiring a user name and/or a password.
- Any other business-related reason.
The lawyer or law firm provides you the opportunity to agree or decline to give your personal information via the Internet. The lawyer or firm will inform you of the purpose for the collection and does not intend to transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled “Information Sharing and Disclosure” below. If you choose to provide us with your personal information, we may transfer that information, within the law firm or to a third party service provider as necessary. If you would like to amend the information provided to us, then send us an email with your instructions, via the query box on this website.
Domain Information Collection
The lawyer or firm may collect domain information to enable us to analyze how our visitors use this site. This data enables us to become more familiar with which people visit our site, how often they visit, and what parts of the site they visit most often. The lawyer or firm uses this information to improve its Web-based offerings. This information is collected automatically and requires no action on your part.
We do not access or store information that you have saved on your mobile device such as contacts and appointments. However, in order to provide our services, the Website may interact with some features on your mobile device, such as your GPS locator.
We may use publicly available sources outside of the Company to verify or supplement the information you give us. For example, we may obtain address updates from the U.S. Postal Service or demographic information from direct marketing companies. We use this data to help us maintain accurate records and to improve the products and services that we deliver to you.
Select Company employees and independent contractor attorneys and technical operations contractors may have limited access to your Personal Information in the course of providing services to you, to troubleshoot problems or resolve complaints. These technical contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of the Website. Access to your Personal Information is limited to the information reasonably necessary for the employee or contractor to perform the function needed to resolve the issue or to improve the service.
Some pages on this site may use “cookies”-small files that the site places on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. These files are used for site registration and customization the next time you visit us.
Do Not Track Signals
We do not track users, who do not interact with our sharing functionality across the web, and therefore we does not use “do not track” signals, even though various browsers offer a “do not track option.” We do not authorize the collection of Personal Information you for third-party use through advertising technologies, without a separate written consent from you for that purpose.
Information Sharing and Disclosure
Your personal information is never shared outside the lawyer or firm without your permission, except under conditions listed below:
- Consenting to share your information to a third-party service provider working on our behalf to serve you.
- Requiring us to provide you with a product or service.
The lawyer or firm will also disclose your personal information, if required to do so by law, or in urgent circumstances, to protect personal safety, the public or our sites. We store your information on a third-party customer relations management website, to which select Company employees and technical operations contractors may be have limited access in the course of providing services to you, to troubleshoot problems or resolve complaints. These contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of the Website. Access to your Personal Information is limited to the information reasonably necessary for the employee or contractor to perform the function needed to resolve the issue or to improve the service.
By using our website you consent to our sending you our periodic newsletter; however, you can easily opt-out or unsubscribe if desired.
The email list may be managed by a third party, such information as is necessary will be provided for such third party to manage the email list. In addition, the information and offers in the email list may result from consultations with third parties or may be created by third parties. The information in the list may also be syndicated and provided in conjunction with other web sites. Except as otherwise provided, this will not result in the release of any personal information except as necessary to provide for the delivery of the email list to subscribers.
If you subscribed to our e-mail newsletter(s) but do not want to receive it in the future, please follow the “unsubscribe” instructions contained in the newsletter(s).
In our email messages to you which are distributed through this list, we may have information from third party providers for products and services which may be advertised or promoted within messages we send to you from this email list. No individual information is provided to any third-party without your consent, but if you enter transactions with a third party as a result of an offer – through our web site, email communication, or other means – those third-party provider sites govern the method by which they collect and use any information.
To report any abuse or violations, please contact us. Please copy and paste an unedited copy of the email message that you feel was sent to you in error or without your permission. Include all header information so that we can trace origin of the message. Also include any notes or other information that you feel are pertinent.
The lawyer or firm strives to protect your personal information; however, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters.
We employ reasonable security measures consistent with standard industry practice to protect your Personal Information. We strive to store Personal Information collected by or through the Website in a reasonably secure environment. We strive to provide adequate security measures in our physical facilities to protect against the loss and misuse of the information we collect on the Website. Below are some of the physical, electronic, and procedural safeguards that the Company uses to protect your privacy.
Confidentiality: We restrict access to Personal Information collected about you on the Website to select employees, licensees, consultants or others who need to know that information to provide services to you or in the course of conducting our normal business operations. We also advise them about their responsibility to protect Customer data and we provide them with appropriate guidelines for adhering to our company’s business ethics standards and confidentiality policies. If you are a former customer, we protect your information in the same manner that we treat information about our current customers.
Please do not send us, via the contact form, any information regarding your personal health, or any other information you believe raises confidentiality concerns when sent or stored over the Internet.
Protecting the Privacy of Children
Children under 13 years old are not the target audience for our Web site. To protect their privacy, the lawyer or firm prohibits the solicitation of personal information from these children.
Links to Third Party Sites
This site may contain links to other sites. The lawyer or firm does not share your personal information with those Web sites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
This site may provide public discussions. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. Michael H Cohen Law Group does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.
Visitors from Outside the U.S.
The Company is governed by the laws of the United States of America. By using the Website and submitting any Personal Information, visitors from outside the United States acknowledge that the Website is subject to U.S. law, consent to the transfer of Personal Information to the U.S., and waive any claims that may arise under their own jurisdiction.
The lawyer or firm reserves the right to change, modify or update this policy at any time without notice. Any substantial changes in the way we use your personal information will be posted on this site.
Effective: June 2013.