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Litigation & DR

ISPs on Red Alert following Sweeping New Anti-terrorism Laws

The implications of the Government’s sweeping new laws to beef-up the fight against terrorism following September 11’s terror attacks on New York and Washington are likely to have far-reaching implications for all sectors of the economy. With limited debate taking place before the Anti-terrorism, Crime and Security Act 2001 became law, many businesses seem ignorant of their wider responsibilities under the new legislation. Fiona Ghosh, a barrister specialising in data protection and IT at national law firm Addleshaw Booth & Co, looks at the new law and its impact on ISPs….

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Expert Determination – A Wolf in Sheep’s Clothing?

Those who have dealt with a failed systems development project know that the complex legal and factual issues that arise represent a veritable ‘dripping roast’ for dispute lawyers. Coupled with the advent of the new Civil Procedure Rules in 1999, it is little wonder that dispute resolution clauses in IT contracts have become ever more prescriptive. We now often find disputes being categorised into technical, legal or commercial issues and to each is then applied an escalating range of medicines, from meetings between executives, to mediation, litigation or more and more frequently expert determination. Tim Toomey of v-lex questions this extended use of expert determination….

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To Disclose or Not to Disclose A Follow-up

In the August/September edition of Computers & Law, Amanda Kearsley and Nick Rudgard explored the difficulties of reconciling the principles of disclosure under the Civil Procedure Rules (CPR) and the disclosure of personal data under the Data Protection Act 1998 (DPA) arising from the case of Totalise plc v The Motley Fool Limited and Interactive Investor Limited (2001) P&T 764. In December 2001, the Court of Appeal overturned the costs order made at the original hearing and set out the principles for the future. The new approach will have a significant impact on the position of organisations, such as Web site operators, from whom disclosures of information may be sought. This article reviews that approach….

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Strategies to Manage Legal Risks & Designing an Effective Risk Management Framework

If there is one constant that all businesses face throughout their life cycle, it would be managing legal risk exposures. Given the unique nature of information technology (IT) businesses, legal risk exposures can be particularly accentuated. The need to evolve a sound and proactive legal risk management framework as part of the enterprise’s legal strategy is becoming an imperative. A sound legal risk management framework should provide a seamless integration of legal contents or guidance with an IT-driven workflow process. Here expert systems can play an important role in the design of such legal risk management systems. Zaid Hamzah, CEO, Lexfutura (Global) and Managing Director, I-Knowledge Technologies, Singapore, provides a road map….

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