Software Magazine: Legal Exposure - Y2K - Industry Trend Or Event y2k bristles with all kinds of potential for litigation. technology, the year 2000software crisis is now public. to awaken to the gauntlet of legal and risk http://articles.findarticles.com/p/articles/mi_m0SMG/is_n2_v18/ai_20305291
Extractions: Y2K bristles with all kinds of potential for litigation. Here's how to avoid pain. After festering for years behind the scenes of computer technology, the year 2000 software crisis is now public. Corporate America has finally begun to awaken to the gauntlet of legal and risk management issues it poses and the need for immediate action at the highest executive levels. Time is extremely short: the deadline is non-negotiable, with time horizons of failure approaching well before the new century. It is estimated that less than 30% of American companies have begun to come to grips with the problem in a serious enough way to solve it in time, and that repairs will cost hundreds of billions of dollars. Any company that adopts a strategy of waiting for a Y2K silver bullet risks its business: Not technologies quick fix has emerged, and even though there are strong economic incentives, none will. The host of legal issues associated with these Y2K issues make it imperative that directors, executive management and corporate legal counsel at all companies now become personally involved in proactively leading the effort and committing the resources necessary to solve the problem in time.
Extractions: will cause airplanes to fall out of the sky. Some are also predicting the problem is going to become a lawyer's "get rich" issue offering creative attorneys all sorts of theories for filing lawsuits. But wait! Maybe all those salivating lawyers won't be so happy after all. On October 19th, President Clinton signed the
Extractions: what's going to work...what won't...and whether or not it will cause airplanes to fall out of the sky. Some are also predicting the problem is going to become a lawyer's "get rich" issue offering creative attorneys all sorts of theories for filing lawsuits. But wait! Maybe all those salivating lawyers won't be so happy after all. On October 19th, President Clinton signed the Year 2000 Information and Readiness Disclosure Act of 1998 . The law is designed to "promote free disclosure and exchange of information" about Y2K problems and corrective measures by restricting the use of those disclosures in lawsuits. Deciphering the Language The language of the law is a bit confusing though. It appears to prevent a vendor's assurances about the status of its company's Y2K compliance from becoming a part of an existing contract when the vendor provides the information independently of the contract itself. There are only a few ways that a compliance statement can be made a part of an existing contract: if the vendor agrees in writing to include the statement in the contract after the fact, or if the contract language states that any Y2K statement the vendor makes constitutes a contract amendment.
Preventing Y2K Problems And Ensuring Legal Fallback y2k problems and put purchasers in a stronger legal position if Many of these publicationsresponsibly encourage the user to get on with y2k assessments. http://www.clendons.co.nz/library/articles/Y2K_fallout.htm
Extractions: (Computerworld, 20 July 1998) The last TechLaw column focused on the insurance aspects of the "Y2K bug"with the action by Wilson White on its complaint to the Commerce Commission on vendors requiring payment for "Y2K bug" fixes. This article explores steps that can be taken to prevent Y2K problems and put purchasers in a stronger legal position if their technology fails the date change leap from 31 st December 1999 to the 1 st of January 2000. Many IT managers divide their review of technology for Y2K issue into two parts. The first part of the review is to identify the technology staying in place after the 1 st of January 2000. The issue here is how to make that technology Y2K capable and who bears the costs. The second part of the review is to ensure that the replacement technology is Y2K compliant. The issue here is often seen as being simply ensuring compliance. The first aspect reviewed is now generally well understood. It is the second aspect that illustrates the extent of the problem faced by many IT managers. According to a recent
Publications publications. legal holes may exist in clickwrap trap By Craig Horrocks and Chihaya Y2KInformation Disclosure Act no dead duck By Craig Horrocks and Malcolm http://www.clendons.co.nz/library/publications.htm
Extractions: Clendon Feeney are regularly publishing articles in leading industry magazines about topical issues within the following areas of law: Clendon Feeney has also prepared Contract Sets for the Designers Institute of New Zealand (DINZ) and the Naval Architects Society of NZ (NASNZ), which can be downloaded in PDF form from Our Associations
Y2K Standard Of Care: Resources Of Self-Eduation and discussion of the scope of legal services to be for a firm expressly to excludeY2K liability for This publication includes some checklists and a sample http://www.tlie.org/riskmgmt/news/99isu1.htm
Extractions: by Janis Reinken, Attorney / Director of Risk Management, TLIE Recently, TLIE was asked to participate in a series of Y2K seminars sponsored in Houston, Dallas and Austin by the State Bar of Texas, entitled "The Year 2000 Problem: Computing the Legal Risks for Attorneys and their Clients." I served as a panelist on two of those occasions, where lively discussion occurred regarding ethics and malpractice issues as a component of the larger Y2K picture. In addition to discussion of some of the office practice management matters, the hot topic emerged as the evolving and amorphous standard of care to which lawyers might be held. Perhaps one of the most fitting (and laugh-provoking) suggestions came from someone in the audience. Figuring the cost is about the same, just buy new systems and forget about paying for compliance analysis and remedial work on existing systems. In previous issues of the Advisory , TLIE has offered suggestions on office management and evaluation, and precautions in providing legal services for clients dealing with Y2K matters. In this issue, we turn our focus to the standard of care, given the difficulties lawyers face in anticipating what a reasonably prudent lawyer could or would do under the same or similar circumstances. At this point, the standard of care cannot be derived from case law because it is limited and evolving, and the full array of legal problems that might arise out of Y2K is not known.
GDA6 - Year 2000 Project Records (Y2K) A public office must not dispose of any records where the public office is awareof possible legal action where the records may be required as evidence. http://www.records.nsw.gov.au/publicsector/disposal/gda6-y2k/gda6-y2k.htm
Extractions: General Disposal Authority (GDA6) Year 2000 Project Records Table of Contents Foreword Introduction Purpose Scope ... General Disposal Authority - Year 2000 Project Records GDA no GDA 6 Public office All public offices as defined by the State Records Act 1998 Scope This disposal authority covers Year 2000 compliance project records created by public offices. Authority This disposal authority is issued under Section 21(2)(c) of the State Records Act 1998. It has been approved by the Board of the State Records Authority in accordance with Section 21(3) of the State Records Act Authorised David Roberts 11 June 1999 Foreword The General Disposal Authority Year 2000 Project Records (GDA 6) is the official authority for the disposal of Year 2000 Project and related compliance records created by New South Wales public offices. This authority is part of a series of General Disposal Authorities authorised and issued by the State Records Authority of New South Wales ('State Records'), in accordance with provisions for the protection of State records in the State Records Act 1998 . The Act states that records are not to be disposed of without the consent of State Records unless the action of disposal is positively required by law, or takes place in accordance with a normal administrative practice (NAP) of which State Records does not disapprove. Advice on the State Records Act can be obtained from State Records.
DCI's Legal Issues For The Year 2000 Seminar weekly Cyber Law column which appears in Washingtons legal Times and otherpublications. He has written numerous articles on the legal aspects of y2k. http://www.dci.com/y2klegal/
Extractions: Orlando, October 18-19, 1999 About This Seminar Lawyers are an essential part of your Y2K team. This session, designed for non-lawyers, will teach you what you need to know to effectively work with and use your legal resources. Like it or not, Y2K will be a litigation feeding frenzy. You can insure that you are positioned to minimize your losses and maximize your gains with the winning strategies that you will learn in this seminar. Learn how to negotiate today and litigate tomorrow. Everything that I.T. does concerning Y2K has legal implications. Lloyds of London says that Y2K litigation will top a trillion dollars. Actions that you take today can prevent lawsuits tomorrow and preserve your legal rights against others. PERSONAL Who Should Attend CEOs, CIOs, CFOs and senior executives
The Legal Case way to head off costly litigation is to do your homework now by seeking legal counselabout your responsibility and liability in the event a y2k problem with http://www.winnetmag.com/Windows/Article/ArticleID/3761/3761.html
Extractions: Top 20 Viewed Articles How can I uninstall the Microsoft Java Virtual Machine (JVM) from Windows XP? What You Need to Know About Windows Update Services Microsoft's Monthly Security Updates Only Moderately Alarming Windows NT and VMS: The Rest of the Story ... Q. What's acctinfo.dll? More Top Viewed Articles Jane Morrill Every business, large or small, has to face the Millennium Bug. And that bug can land a business in court for lengthy litigation. In fact, lawsuits have already been filed over Y2K problems; for example, consumers have filed lawsuits because some point-of-sale systems refuse to accept credit card charges from people whose cards expire in the year 00. At least two centenarians recently received letters welcoming them to kindergarten in the year 2000, but most Y2K problems won't be so amusing. For example, what will happen with insurance dates and tax computations and the restocking of supermarket shelves? Will your insurance company claim that none of your employees has enrolled? Will your tax-computation software fail to recognize the century change and miscalculate the taxes you owe? Will food be removed from supermarket shelves and destroyed because the warehouse stocking program isn't Y2K-compliant and thinks the food is outdated? Will your business be immune to similar problems?
Legal Technology Strategies Newsletter - Issue 2 multiplication effect is my biggest y2k concern National Law Journal and its relatedpublications. Search for legal recruiters, salary information, articles on http://www.nettechinc.com/issue2.htm
Center For Non-Profits - Legal And Management Assistance overview about the process and the legal assistance available June 8, 1999, thatrequire public charities to y2k Resources for NonProfits - If you have any http://www.njnonprofits.org/Legal.html
Extractions: The Center provides individualized telephone consultation on non-profit legal and management issues ranging from IRS regulations, tax laws, fund raising issues, Board/staff roles and responsibilities and many others. Just What is a Non-Profit, Anyway? Thinking about forming a New Jersey non-profit? Read a basic overview about the process and the legal assistance available through the Center. NJ Non-Profit Filing Fees Increase - Some of the non-profit filing fees paid to the New Jersey Department of Treasury, Division of Revenue have increased effective July 1, 2002. more details This updated, comprehensive reference book is an essential resource for non-profit employers and would-be employers. Members receive a 25% discount. More details and a printable order form now available online. Order yours today! New Jersey's Fund Raising Law A summary of charitable registration and solicitation laws and regulations in the Garden State. Use Caution When Fundraising Online Some issues to consider if you plan to use the Internet to generate revenue for your organization whether you solicit donations on your website, on someone else's, or if your organization has any sort of online presence. IRS Disclosure Regulations for Non-Profits - A summary of IRS rules, effective June 8, 1999, that require public charities to mail copies of their Form 990 and 1023 upon request or make them widely available by posting them on the Internet. It is important for non-profits to familiarize themselves with the new regulations and adopt internal policies and procedures to ensure compliance.
Minutes Of Y2K Coalition Meeting, May 12, 1999 groups and for constructing PSAs, public legal liability information kits whichtouch lightly on legal issues. Begin assessment of y2k readiness to include http://www.state.sc.us/irc/y2k/meetinginfo/min051299.htm
Extractions: SC Information Resources Council Year 2000 Readiness Coalition Minutes May 12, 1999 Review of Minutes Mike LeFever welcomed the attendees and informed the group that the Year 2000 listserv, online information and Year 2000 events calendar are available online at www.state.sc.us/irc. Mike spoke about the sector and enterprise groups and the need to communicate with the general public about all types of Year 2000 information. The Coalition's responsibility is to dispel Y2K myths, enlighten the public about real dangers and inform the public about needed Year 2000 information. Next Steps: Communications and Public Awareness Tom Covey, representing Paul Amos of SCETV, spoke about the Communications Sector of the Coalition. The Communications Sector met recently and discussed starting a weekly SCETV show on YEAR 2000. In addition, ERN Radio could begin a ½ hour show on Year 2000, along with public services announcements (PSA's), etc. Town meetings could also be used to enhance the YEAR 2000 message, plus using webcasting to stream video and teleconferencing. Bud Tibshrany with Time-Warner Cable will take part in the Communications Sector and assist with disbursing PSA's around the state.
TH&T | Publications | Article Search Results the Year 2000 has arrived, the members of the Task Force remain available to givelegal advice to clients who are confronted with postrollover y2k issues. http://www.tht.com/pubs/SearchMatchPub.asp?ArticleID=27
Macroberts Solicitors: Legal Links MacRoberts legal links search. Enter a search word to search in thiscategory. OR enter a search word to search in all the categories. http://systems.macroberts.com/servlet/Tiger/mcr/Y2K
Extractions: corporate tax ... close this menu MacRoberts legal links search Enter a search word to search in this category OR enter a search word to search in all the categories Please note that all external links will open in a new window. EC site, voted best by Wall Street Journal FCC Y2K site West Group resource site
Extractions: Telecommunications Lawyers Postal Address: PO Box 452 Collins Street West, Melbourne Victoria 8007 AUSTRALIA GPO Box 2506, SYDNEY New South Wales 2001 AUSTRALIA Telephone: +61 3 9629 3709 Facsimile: +61 3 9629 3217 Email : wcl@computerlaw.com.au Internet : http://www.computerlaw.com.au Steve White Principal - White SW Computer Law If you plan on giving yourself a headache on 1 January 2000, make sure it is as a result of your midnight champagne, not the Y2K bug! Whether your business is related to information technology or not, you should implement a Y2K compliance plan to test your date dependent equipment and software and to determine whether your suppliers have audited their businesses for Y2K compliance. Disruption to your suppliers businesses, such as an inability to process purchase orders, may lead to you failing to comply with your contractual obligations due to inventory shortfalls. Have you considered: Pre-ordering stock to avoid inventory shortfalls or using alternative suppliers Requesting written confirmation from your suppliers that their business is Y2K compliant (This will assist you in litigation arising from loss and damage suffered by your business) Reviewing your existing supply contracts to determine who has the responsibility for Y2K compliance.
Florida Future Lawyer: Columns & Uploads notwithstanding, the biggest worry from y2k is the Tampa Bay Review and many otherpublications. law office management, computerassisted legal research, and http://www.futurelawyer.com/flc031799.htm
Extractions: Back to Columns FUTURE LAWYER tm Last updated on Wednesday, March 17, 1999 The Congress of the United States, responding to the concerns of large corporations (many of which are technology companies driving the tremendous growth of the stock market, and which are fearful of catastrophic legal costs and liability), has adopted, in the Senate Commerce Committee, legislation limiting liability of businesses for Y2K problems. The vote in the Commerce Committee was along party lines, with the 11 Republicans voting in favor of the bill, and the 9 Democrats voting against. The bill requires a 90 day waiting (cooling off) period before a suit could be brought, and seeks to cap punitive damages at $250,000.00. Proving that Y2K makes strange bedfellows, the 90 day cooling off period was proposed by Senators Diane Feinstein (D-Calif) and Orrin Hatch (R-Utah), in their similar bill. Many high tech companies make their homes in California and Utah, which is probably just a huge coincidence. Not. Quite predictably, a companion House bill is pending, which is supported primarily by Republicans, but also by some Democrats in high-tech areas. The computer industry has a lot of money to throw at political problems, and a lot to lose if Y2K becomes a legal nightmare.
Are You Ready For Y2K Public Technology Inc. Williams, Mullin, Christian Dobbins (http//www.y2k.com). inRichmond, Va., and Washington, DC, this site provides legal resources for http://www.tfhrc.gov/pubrds/novdec99/y2kcklt.htm
Extractions: Home PLEASE NOTE: Some of the information and links in this article may now be somewhat dated. With the passing of Y2K, some web sites and Y2K programs cited herein may have been dismantled. (updated August, 2000) Public Roads (September/October 1999) discussed some of the efforts underway to assist transportation operators to identify and resolve potential Year 2000 (Y2K) problems. The article stressed the need for contingency plans in the event that Y2K repair efforts fail or that failures are beyond the control of transportation operators, and it emphasized that it is critical that state and local governments build public confidence about Y2K preparedness within their communities. Much of the information in the article came from a working session of 20 state and local government officials on May 12, 1999. The session was conducted by the U.S. Department of Transportation and its partner Public Technology Inc. (PTI). The purpose of the session was to draw on the expertise of the participants to develop material that would guide local and state transportation agencies in managing the Y2K transition weekend (Dec. 28 through Jan. 3). Now, a full report of this session is available on the Internet at
Extractions: tomorrow. Mark Twain This is a cautionary discussion, rather than an in-depth analysis of the problem. I don't attempt to suggest particular, detailed curative steps. Identifying whether you have "Y2k" problems, and identifying how to address them, is too broad and complicated a topic for a short talk here. But be aware that this is a real problem, and you should not ignore it or leave it up to someone else to deal with. As nearly as I can tell from reading lots of the literature and lore about the "Y2k" that is, the "Year 2000" problem, Mr. Twain's advice is the source of the real underlying issue. It's not that the underlying technical problem is particularly subtle or intellectually difficult, or that the problem itself is somehow intractable. It is, however, pervasive and, in many quarters at least, it has been pretty much
