When litigating over computer systems, plaintiffs and defendants both need to be aware of preconceived notions jurors have about software performance

Article Abstract:

Juries in software performance litigation generally expect a sophisticated purchaser to know and test what it is getting, yet they expect and tolerate complexity and 'bugs' in the software itself. Jurors generally have worked with computers and most are familiar with the basic terms involved, but not with the more sophisticated ones common in the industry. The software user's counsel should try to reverse the adverse jury assumptions, show the importance of life cycle development and be aware of damage claims problems.

Electronic computers, Computer Systems, Software, Computers, Cases, Digital computers, Beliefs, opinions and attitudes, Jury members

---

E-mail is the hottest topic in discovery disputes; one litigant seeks facts buried in a data base; the other seeks to avoid burdens of production

Article Abstract:

Electronic mail provides business benefits but users often do not realize its discovery hazards. Deleting a message does not really delete it from the hard drive, but simply indicates to the computer that it can be overwritten. The message can thus be discovered until the user needs the space for new data. Electronic mail messages can also be discovered in the network backups of most systems.

Innovations, Electronic mail systems, Email, Discovery (Law)

---

Even businesses that have written noncompete clauses may need to prove the existence of a trade secret or its imminent disclosure to enforce the agreement

Article Abstract:

Even a written non-competition agreement may sometimes not be enough to enjoin an ex-employee from working for a competitor. Evidence of a trade secret or other confidential business information may be necessary. This is the message of a line of federal cases from the early 1990sCases discussed include Campbell Soup v. Giles and FMC Corp. v. Foote Mineral Co.

Laws, regulations and rules, Trade secrets, Employee dismissals, Employment terminations, Employment at will

Similar abstracts:

• Abstracts: Scarlet letter sentences: as convicts who are ordered to shovel manure and post warning signs have learned, shame is making a comeback
• Abstracts: Collective bargaining in the absence of protective legislation: the case of Louisiana. Common law or common sense: arbitral contract construction
• Abstracts: Conflict, balancing of interests, and the exercise of jurisdiction to prescribe: reflections on the Insurance Antitrust Case
• Abstracts: Insurance may cover lawsuits over patents; courts are split on whether insurers have a duty to defend. No suit means no duty to defend or indemnify; California courts use literalist apporach to determine whether insurer's obligation kicks in
• Abstracts: Seeking a wider role: underrepresented in high-level law positions, Hispanics struggle for access. The art of getting paid: telephone reminders and credit card options can boost cash flow

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.