Litigation & DR Archives - Page 151 of 174 - Society for Computers & Law

Mergers & Acquisitions In Europe: Diligence is Due When Disclosing Personal Data

January 1, 2005

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….

Electronic Disclosure: The Cresswell Report

November 1, 2004

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

November 1, 2004

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

November 1, 2004

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….

Online Licensing of Entertainment and Information

November 1, 2004

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….

Wireless Security – What is the issue?

November 1, 2004

Sandra Potter, Phil Farrelly and Adam Todhunter highlight the dangers of the easy access that is the inevitable companion of wireless technology….

Trying IT Cases

November 1, 2004

HH Peter Bowsher QC answers the request to give a judge’s view of trying IT cases. He wishes to make it clear that he retired from the Bench in October 2003 and has ever since been practising as an arbitrator and dispute resolver in Keating Chambers but his views do contain many useful insights on the forensic and procedural aspects of IT litigation….

E-docs: Retention and Disclosure

November 1, 2004

Terry Harrison argues that the retention of electronic documents by companies and corporations assumes even greater importance as electronic data disclosure grows….

The Power of Metadata

November 1, 2004

This article from Simon Dawson examines the value in litigation of the hidden information (known as metadata) encoded into most electronic documents, illustrates this by a study based on a real case and finally discusses the circumstances in which an opposing party in litigation might be compelled to provide it….

Getting Up Close and Personal

November 1, 2004

Gmail, A9.com and Blinkx are examples of the new privacy implications of personalised online advertising and advanced search engine technology. Eva Wong from Coudert Bros explores the new threat and opportunity….