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Started by Al Sherman
Thu, 15 Apr 1999 00:00
Y2K - The Legal Issues at CONE April 20th
Author: Al Sherman
Date: Thu, 15 Apr 1999 00:00
Date: Thu, 15 Apr 1999 00:00
88 lines
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4793 bytes
The April and May meetings of the Computer Organizations of New England will be a two part series on the Year 2000 problem. The first part will take place on April 20, 1999 in the Lecture Hall of the Wakefield Public Library "The Y2K Problem and its legal ramifications" will be the subject of a talk by attorney Joseph J. Laferrera at the April 20th meeting. This meeting is held in the Lecture Hall of the Wakefield Public Library from 6:45 to 8:45 pm. All are invited. Attorney Laferrera is a member of the Year 2000 Practice Group at Lucash, Gesmer & Updegrove, LLP. Their Y2K website is at http://www.lgu.com/pra_2000.htm and provides the following introduction to the subject: The risk posed by the "Year 2000 Problem" or "Millennium Bug" will affect businesses differently, and individual circumstances will dictate the appropriate level of planning and preparation. However, since virtually every business depends to some degree on computers and systems which electronically process dates, almost no business can afford to ignore the issue entirely. Many businesses have already formulated and implemented plans for testing and remediating their own systems, for determining the Year 2000 readiness of their customers and vendors, and for exploring cost allocation issues such as insurance coverage and litigation. Companies proactively addressing the Year 2000 Problem have been confronted with a variety of novel legal issues and concerns, and these are certain to grow as the millennium approaches. Among the questions businesses now seek to answer are the following: How should I approach vendors of my information systems to determine if those systems are Year 2000 compliant? If they are not, can I require the vendor to make those systems Year 2000 compliant? What actions, if any, can I take against vendors who refuse to fix their non-compliant systems? What obligations do providers of information systems have to their customers regarding Year 2000 compliance? Must notice of non-compliance be given? Must Year 2000 support be provided? Can the provider charge for Year 2000 upgrades and fixes? What kinds of steps can my business legally take on its own to make its information systems Year 2000 compliant? Does my business need permission from the original vendor/manufacturer to make changes to software? How should I deal with vendors of new information systems to ensure that those systems are Year 2000 compliant? How do I protect my business if those systems fail? How can information systems providers limit their potential "Y2K" liability in the event their products or services fail (alone, or in conjunction with other systems) on January 1, 2000? How should I handle "survey letters" in which my clients, banks or other parties ask my business to certify its Year 2000 readiness, or the readiness of its products and services? Will insurance cover any of the costs of testing or remediating my information systems? Will insurance cover losses, such business interruption losses, that may occur if my information systems fail? What kinds of parties may potentially be responsible for a non-compliant system? When can a Y2K lawsuit be brought? What is too late? What is too early? What legislation is being considered and what effect may it have on my business? Visit the CONE website at http://www.blu.org/cone for further information. We provide a mirror site at http://www.ultranet.com/~als/ The May meeting will take place at the Wakefield High School on May 4th. In cooperation with the Wakefield Chamber of Commerce, we present a forum on Y2K and the infrastructure. Experts from the government, financial, telecommunications, medical, and computer industries will address your concerns about the upcoming twenty-first century and its impact on individuals and business. Al Sherman CONE Webmaster
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