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
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….
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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Wireless Security – What is the issue?
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
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
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
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
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….