Termination Clauses in IT Contracts
David Blunt QC and Michael Taylor of 4 Pump Court examine the use of termination clauses and focus on the material, the irremediable and other types of breach….
Litigation & DR
Mergers & Acquisitions In Europe: Diligence is Due When Disclosing Personal Data
Business acquisitions typically involve the up-front review of target-related information, sometimes by several potential buyers. The information reviewed during such ‘due diligence’ exercise may include customer data and employee files, which are likely to constitute ‘personal data’ under EU data privacy rules. The need for effective compliance with EU data privacy rules in the context of business transfers is often neglected, exposing both sellers and potential buyers to possible private claims and/or public sanctions. Wim Nauwelaerts takes a look at how EU data privacy law impacts on the preparatory stage of mergers and acquisitions….
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Mediation of IT Disputes: Avoiding Pitfalls (Part 2)
Clive Freedman reviews the steps which can be taken to improve the chances of a mediation of an IT dispute being successful, following the IT Disputes Group meeting on 29 September at which this topic was discussed. Part 1 of this article was published in the February/March 2004 edition of the magazine….
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New Contract Guidance for Government IT Projects
Mark Turner and Dominic Callaghan condense the new government model contracts and guidance and highlight the key points….
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IT Outsourcing to India
Michael Gilbert examines outsourcing in India and the tax breaks that enhance its appeal….
Music Copiers Face Copyright Backlash
The British Phonographic Industry, the trade body for record labels in the UK, is to begin action against 28 “major filesharers” – individuals who make their record collections available for others to download from peer-to-peer (P2P) sites. Charlotte McConnell comments….
Electronic Disclosure: The Cresswell Report
The Commercial Court Working Party’s Report on Electronic Disclosure was published on 6 October. The Working Party, chaired by the Honourable Mr Justice Cresswell, was set up under the auspices of the Commercial Court Users’ Committee to investigate, and make recommendations as to, the particular problems thrown up by the disclosure of e-mails and other electronic documents and how the current Civil Procedure Rules and Commercial Court Guide on disclosure apply to electronic documents. We produce excerpts below and Laurence Eastham summarises and comments on the report….
Editorial
The most cursory flip through this issue will reveal that it devotes many of its pages to disclosure of electronic documents. Not only do we have Terry Harrison’s short article and a lengthy account of the recent report of the Commercial Court Working Party chaired by Mr Justice Cresswell but the article by His Honour…
Directions for Trial Preparation in IT Cases
In his article (on p 21), HH Bowsher QC includes consideration of the question of whether a standard agenda should be used for IT Case Management Conferences. That question, originally raised in his address to the SCL IT Disputes Interest Group, was prompted by a note from Alex Charlton on the issue. Alex Charlton sets out the substance of that note below and calls for constructive comment and contributions from readers….
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Online Licensing of Entertainment and Information
Clive Davies reviews and comments upon the current state of online licensing of software and the associated legal implications and addresses the new models for the distribution of software as a service available on demand. He also contrasts some of the legal and other issues that apply to software with other online media in the music and film area….
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