Editorial

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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The E-mail of the Species

Richard Harrison looks at the advance of e-mail and the problems it presents for dispute resolution procedures. He explains the need to be alert to prevent apparently comprehensive disclosure, in lists produced with the aid of technology, from pulling “the wool over the eyes of understanding”.

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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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Domain Name Registration Strategy

To register or not to register? That is the question tormenting many a soliliquising cyberDane, and many IP brand owners too. Dawn Osborne and Steve Palmer of Willoughby & Partners offer some criteria for decision and point to a useful strategy.

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The Cookie Monster?

Whilst the future of the edible cookie will be assured by hungry adults, children and characters from Sesame Street, the same cannot be said for its electronic namesake. The debate surrounding the use of cookies continues to be a point of contention between business, government and civil rights movements. Garry Mackay and Mark Lomas of Bevan Ashford review the position.

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The Future of Ideas

Andrew Katz of Moorcrofts reviews The Future of Ideas by Lawrence Lessig, published 2001 Random House, New York. He also gives a taste of the breadth of thinking in the book.

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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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New Structure for SCL

SCL members will shortly receive a letter from the Joint Chairmen setting out a series of proposals for the better management of the Society. The new structure aims to address two particular issues: the need to make the best possible use of the time donated to the Society by those making the greatest contribution to its management and the need to ensure that the SCL Groups are encouraged to be active and creative and have the opportunity to liaise effectively with those involved in overall policy and management.

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