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1 total messages Started by Al Sherman Thu, 15 Apr 1999 00:00
Y2K - The Legal Issues at CONE April 20th
#201
Author: Al Sherman
Date: Thu, 15 Apr 1999 00:00
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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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