Sending The Work Out Demands Focus On Software- Related Legal Issues
November 29, 2005
The centrality of computer technology to all outsourcing transactions means that legal and compliance i's and t's must be dotted and crossed when it comes to software. <br>A recent case illustrates the difficulties that can arise in an outsourcing environment when the lines of responsibility for compliance with third-party software-licensing requirements are not clearly drawn between the customer and the outsourcing firm.
Staying Up To Speed In A Fast-Changing e-World
November 29, 2005
The last few years have seen a seismic change in electronic discovery, driven largely by concerns about electronic records, with which e-commerce ventures deal in growing multitude. And, as logic would dictate, recent independent surveys of corporate general counsel confirm that companies have been taking steps to formalize their preservation practices when litigation or enforcement activity becomes reasonably likely. <br>But a 2003 survey conducted by the e-consulting firm Cohasset Associates found, for instance, that 46% of the companies the firm surveyed had not established any formal system for preserving records, and the litigation-hold policies of 65% did not address electronic documents. Not the wisest approach to sound business practice in these days of proliferation of e-commerce, e-records and, in the realm of corporate and business law practice, e-discovery.
Index
November 29, 2005
Everything in this issue, in an easy-to-follow format.
Fraudulent Rent Registrations
November 29, 2005
Last month's issue analyzed the Court of Appeals' determination in <i>Thornton v. Baron</i>, invalidating the illusory tenancies. This month, we focus on the court's computation of rent due.
Hotline
November 29, 2005
Dismissal of jury's insider trading guilty verdict upheld: A divided Second Circuit has upheld the dismissal of a guilty verdict against a computer company…
Class Action Waivers in California: Discover Bank and Employment Arbitration
November 29, 2005
It is a matter of significant controversy and a subject of much litigation whether the U.S. Supreme Court's Federal Arbitration Act (FAA) jurisprudence enforcing pre-dispute arbitration agreements, regardless of whether the underlying dispute derives from contract, statute or public policy, extends to situations where individuals seek to bring class claims on behalf of large groups either in court or before the arbitral tribunal. Mostly, the decisions have supported this extension, provided the arbitration agreement authorizes the decision-maker to apply statutory as well as contract law and to award statutory remedies for proven violations. Because plaintiffs' lawyers have responded to these developments by bringing class claims in arbitration, despite silence in the underlying agreement whether the arbitrator possesses "class certification" authority, a number of companies have inserted express class action waivers in their arbitration programs. A recent decision of the California Supreme Court places in question the legal effectiveness of this response, at least in that state and for "consumer"-type claims.
