Subpoena Policy
Last Revised: January 25, 2023
This Legal Disclosure and Subpoena Policy for TLATech Inc. (“Company”, “we”, “us”, “our”) describes the policies we have established with respect to disclosing information we have collected from users of the Company’s website (www.syllohq.com), applications (including the Syllo application), services, tools and features (collectively, the “Services”).
1. Statutory and Regulatory Obligations
In the course of operating our business, we may be subject to generally applicable statutory and regulatory obligations that require the disclosure of certain information that we have collected from or about users of the Services. All users of the Services acknowledge that, other than with respect to customer content posted on Syllo (which is discussed below), the Company is permitted to disclose information we have collected from or about users of the Services as necessary to comply with our generally applicable statutory and regulatory obligations. For the avoidance of doubt, this section does not apply to specific regulatory inquiries, subpoenas, or other legal process that seeks to obtain information from or about one or more specific users of the Services.
2. Response to Subpoenas and other Legal Process
In addition to the disclosure obligations we may have pursuant to generally applicable statute or regulation, we may receive regulatory inquiries, subpoenas, or other legal process that seeks to obtain information that we have collected from or about users of the Services.
In general, we believe the Company is an inappropriate target for the issuance of regulatory inquiries, subpoenas, or other legal process to obtain information that we have collected from or about users of the Services. The Company provides software services generally to customers who are law firms or otherwise engaged in the practice of law, and large swathes of information that we collect from users of the Services are confidential and privileged under the attorney-client privilege, the work product doctrine, or other privileges and immunities from discovery. In addition, to the extent the Company possesses information that was collected from a user of the Services, such information remains within the “control” of the user within the meaning of Federal Rule of Civil Procedure 34(a)(1), such that the user in question is the appropriate target for regulatory inquiries, subpoenas, or other legal process that seeks to obtain information that we have collected from such user.
In the event the Company receives any regulatory inquiry, subpoena, search warrant, or other legal process that seeks to obtain information that we have collected from users of the Services (including the Syllo application), the Company will take the following steps:
A. Legal Process as to Information Collected from Non-Customers
If the user whose information is sought by legal process served on the Company is not a current or former Customer1 of the Company, then the Company will respond to the legal process in the manner it deems appropriate, in the Company’s sole discretion, and without any obligation to notify the user of such legal process or the Company’s response to such legal process.
1 “Customer” means an individual or legal entity (such as, without limitation, an employer, school, third-party agency, contractor, and/or any third-party collaborator) who has executed a Licensing Agreement with the Company concerning the Customer’s use of the Services.
B. Legal Process as to Information Collected from Customers
If the user whose information is sought by legal process served on the Company is a current or former Customer of the Company, then the Company will take the following steps in regard to such legal process.
In regard to a subpoena, civil investigative demand, or similar legal process issued in connection with an official civil proceeding (an “Information Request”), unless it would be a violation of a court order or potentially subject the Company to criminal liability (including, for example, obstruction of justice), the Company will:
- Provide the Customer with a written notification of the Information Request so that the Customer may seek a protective order or other appropriate remedy;
- If a protective order or similar order is not obtained by the date on which the Company must comply with the Information Request, the Company may furnish that portion of the Customer’s information that it reasonably determines it is legally required to furnish;
- The Company will exercise reasonable efforts to obtain assurances that confidential treatment will be afforded to the Customer’s information so disclosed.
In regard to a subpoena, search warrant, or similar legal process issued in connection with an official criminal investigation or proceeding, unless it would be a violation of a court order or potentially 1subject the Company to criminal liability (including, for example, obstruction of justice), the Company will:
- Provide the Customer with a written notification of the subpoena, search warrant, or similar legal process, so that the Customer may seek a protective order or other appropriate remedy;
- If a protective order or similar order is not obtained by the date on which the Company must comply with the subpoena, search warrant, or similar legal process, the Company may furnish that portion of the Customer’s information that it reasonably determines it is legally required to furnish;
- The Company will exercise reasonable efforts to obtain assurances that confidential treatment will be afforded to the Customer’s information so disclosed.