Privacy Policy

Folkman LLC values your privacy. This policy explains our data collection policies.

Information We Collect, and Why

We only collect information about you if we have a reason to do so, for example, to provide this website to you, to communicate with you, or to improve our website.

If you subscribe to a newsletter on this website, we collect your email address for the purpose of allowing us to send the newsletter to you. We also collect data about dates when you open or click on the email newsletters, which allows us to remove inactive subscribers from the list of subscribers.

If you use the form to send a message via the website, we collect your name,, telephone number, email address, and the date, time, and content of your message. Because communications via the website are not privileged or confidential, please do not include any confidential or sensitive information in your message.

If you leave a comment to a post on the Firm’s blog, Letters Blogatory, we collect your name (or a pseudonym you provide), your email address, the date and time of your comment, and the content of your comment. We reserve the right to publish or not to publish your comment in our sole discretion. While we consider requests to remove published comments on a case-by-case basis, because the purpose of submitting the comment is for permanent publication, we have the right to refuse requests to remove published comments from the website. 

Our third-party service providers collect some information about your use of the website automatically.

  • We use a web application firewall, Wordfence, published by Defiant, Inc., to protect the website from malicious use or attack. Wordfence collects technical information about your visit, including the IP address associated with the visit, in order to help us block improper server requests.
  • We use the Mailpoet email sending service, offered by Automattic, Inc., to send newsletters to subscribers. Mailpoet has access to your email address and to other technical data, such as email server logs, which may contain your IP address.
  • We use Cloudflare, a content delivery network, to speed delivery of our website to users around the world and to provide cybersecurity. Cloudflare has technical details of your visit, including your approximate location, your IP address, the URLs you access, and other information. Communications between your computer and Cloudflare are end-to-end encrypted, and communications between Cloudflare and our servers are end-to-end encrypted, the communications are unencrypted on Cloudflare’s server.  

Legal Basis for Data Processing

We use your data only:

  • With your consent (for example, to send you email newsletters you have requested; to publish comments you have submitted for publication; or to contact you in response to a message sent to us via the website);
  • When we have a legitimate interest in using the information (for example, for cybersecurity purposes, to improve and update the website, to measure and improve the effectiveness of the website, to understand user retention and attrition, to monitor and prevent website problems, or to communicate with you);
  • When necessary to comply with legal obligations (for example, if we receive a subpoena or another valid demand for information).


Except as stated elsewhere in this policy, we do not share information with anyone, and we will not sell your information to anyone. We will comply with all lawful demands for personal information such as subpoenas if we believe in good faith that compliance is legally required.


While no website is 100% secure, we take reasonable measures to protect your information from unauthorized access, use, alteration, or destruction, and to monitor the website for vulnerabilities and attacks. In particular, we contract with reputable third-party service providers and make use of industry-standard security measures. 


You have choices about the information you provide to us:

  • Limit the information you provide. You can choose not to provide information to us. If you choose not to provide information, some services (for example, newsletters) may not be available to you.
  • Reject cookies. Although this website does not respond to a “do not track” signal, you can set your brokers to remove or reject cookies set by our website or by the third parties whose services help power this website. If you do not use cookies, some features of this website may not work properly.

Your Rights

If you are located in certain parts of the world, including California and countries that fall under the scope of the European General Data Protection Regulation (also known as the “GDPR”), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.


If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You also have the right to make a complaint to a government supervisory authority.


The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it.

The CCPA also requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law. We may collect the following categories of personal data:

  • Identifiers (like your name, contact information, and device and online identifiers);
  • Internet or other electronic network activity information (such as your usage of the website); and
  • Geolocation data (such as your location based on your IP address).

If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to:

  • Request to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, the categories of third parties we share it with, and the specific pieces of information we collect about you;
  • Request deletion of personal information we collect or maintain;
  • Opt out of any sale of personal information; and
  • Not receive discriminatory treatment for exercising your rights under the CCPA.

Whom To Contact

Folkman LLC is a Massachusetts limited liability company that does business only in Massachusetts, although it has clients around the world and although, as permitted by the applicable Rules of Professional Conduct, it practices in courts outside of Massachusetts. Folkman LLC is the “data controller” with respect to personal information that you provide via our website.

All inquiries should be sent by post or email to:

Theodore J. Folkman
Folkman LLC
53 State St., Suite 500
Boston, MA 02109 USA
[email protected]


We may change this privacy policy from time to time. We encourage visitors to check this page frequently for any changes. Your further use of the website after a change to this policy will be subject to the updated policy.

This policy is derived in part from the Automattic privacy policy, which is licensed under a CC BY-SA 4.0 license.