Germany. November 9, 1938. Kristallnacht. “The Night of Broken Glass.” Nazi secret police and the Hitler youth swarm over Jewish businesses and homes, terrorizing and victimizing helpless individuals all over the country.1 SS leadership orchestrates attacks on every vestige of Jewish culture as “punishment” for fictitious crimes that will never be recognized by the rest of the world ...
On April 4, 2005, the Court of Appeal issued its decision in CGU v. The Wawanesa Mutual Insurance Company and Axa Insurance1, which sheds new light on the right of a subrogated insurer to institute legal proceedings directly against the insurer of the person allegedly responsible for the loss. The decision also contains a discussion of the concept of solidarity between insurer and insured for the purposes of the interruption of prescription ...
At the end of June, the US entertainment industry won a long fought victory to help bring file swappers to heel ...
The European Parliament dealt a blow to programmers seeking clarity on the patentability of computer-implemented inventions last month when it rejected a draft European Directive on the subject (the "CII Directive") by an overwhelming majority ...
The telecommunications sector is nowadays one of those sectors in which its regulation assumes a larger presence and visibility at a national level, as well as at European and international levels. In fact, rare is the week – if not the day – when agents of the sector are not confronted with the adoption, by the different regulatory authorities of the sector, of decisions that have a significant impact for the activity undertaken by telecommunications operators and for market conditions ...
Summary ‡ Information security “breaches” take many forms and occur in a wide variety of settings. However, contrary to recent press reports, they do not appear to be increasing. ‡ Research indicates that only a small percentage of breaches result in any harmful use of data. ‡ Account fraud and true identity fraud — the two identity-based frauds most feared by consumers and policy makers — are actually declining ...
The Ministry of Information Industry ("MII") promulgated the Measures for the Administration of the Filing for the Record of Non-Commercial Internet Information Services (the "Recordal Measures") on 8 February 2005. The Recordal Measures took effect on 20 March 2005. It provides detailed guidelines on recordal filings for non-commercial websites ...
On February 2, 2005, the Court of Appeal rendered judgement in L’Union-vie, compagnie mutuelle d’assurance v. Laflamme1, and allowed the appeal of Union-Vie, the defendant in the case. In the court of first instance, Union-Vie had been ordered to pay insurance proceeds of $200,000 further to the death, on September 27, 2001, of the Plaintiff’s spouse, pursuant to a life insurance policy issued on the basis of an insurance application dated October 23, 1998 ...
On March 18, 2005, the Quebec Court of Appeal handed down an important decision confirming that the evidence relating to the behaviour and practices of a “reasonable insurer” need not be provided by an expert witness. In CGU Compagnie d’assurances du Canada v. Sylvain Paul et al., (J.E. 2005-705), Justices Louise Mailhot, René Dussault and Marie-France Bich dealt with this issue in connection with an objection to evidence made by the attorney representing the insured, Mr ...
Armando Aznar J. of the Court of Québec recently rendered a harsh judgment against an insurance company.1 Although the amounts at stake were minimal, the decision may have a significant impact on insurers. This is one of the rare judgments where an insurer was ordered to pay exemplary and moral damages for having made allegations in the pleadings based on unjustified suspicions resulting in damages to the integrity and honesty of its insured ...
On May 10, 2005, the Court of Appeal held in Pierre Roy & Associés Inc. v. Bagnoud [2005] QCCA 492, that sums transferred by Ms. Bagnoud to Investors Services Ltd. (“Investors”) were a trust according to the agreements entered into between Ms. Bagnoud and Investors. This decision is one of the first interpretations by the Court of Appeal of the Supreme Court decision in Bank of Nova Scotia v. Thibault.1 Facts In July 1998, after her employment was terminated, Ms ...
On February 8, 2005, the Court of Appeal issued two judgments1 that clarify the burden of proof of the parties with respect to the nullity of an insurance contract. These two judgments are all the more interesting given that they deal with the issue of the impact of criminal history on the moral risk that the insured or the prospective insured poses for an insurer. The Rouette judgment, written by Mr ...
When it comes to the patentability of computer-implemented inventions, Europe and the United States have differing and diverse opinions. The United States has a liberal approach to the patentability of computer software and will therefore grant patents for such inventions. Not so in Europe though, where computer programs are patentable only if they make a “technical contribution” to the state of the art ...
ICC Publishes Paper on Internet Governance The Internet Corporation for Assigned Names and Numbers (ICANN), a private sector body based in California, currently operates the allocation of domain names and Internet Protocol addresses on a worldwide basis. At the World Summit on the Information Society in Geneva in December 2003, the issue of transferring ICANN’s role to the United Nations was raised by a number of developing countries ...
On May 14, 2004, the Superior Court rendered judgment in Landry vs. L’Union Vie, Compagnie mutuelle d’assurance1 and allowed the action of the Plaintiff, Ms. Lucie Landry, in which she claimed $50,000 in insurance proceeds following the death of her brother on October 26, 2000, pursuant to a life insurance policy issued by Union Life on July 28, 2000. The case is currently under appeal. The Facts On July 28, 2000, Union Life Mutual Assurance Co ...
The Standing Committee of the 10th National People's Congress passed the Law of the People's Republic of China on Electronic Signatures on 28 August 2004. The Law, which was promulgated on 28 August by President Hu Jintao, will enter into effect on 1 April 2005 and provides a legal basis for electronic transactions. Electronic data text The Law applies to electronic signatures in electronic data text ...
In The Euromoney Global Insurance Handbook 2004, Delphi & Co worked on the Swedish Ministry of Justice’s bill for a new Insurance Contract Act, which was heavily criticised in Sweden at the time. On May 19, 2004, after more than 10 years of processing, the Swedish Government presented a slightly modified bill for the Swedish Parliament (“the Bill”) ...
Foreign insurers are currently permitted to provide services in 15 major Chinese cities; all geographical restrictions should be removed by the end of the year. Domestic insurers are now permitted to establish sales and distribution outlets in all locations where they have branches ...
California Law Requires Telling Your Customers That You've Been Hacked A new California Law (Assembly Bill No. 700, Chapter 1054) went into effect on July 1, 2002 that requires companies who conduct business in California to notify their California-resident customers if their unencrypted personel information may have been stolen as a result of a security breach ...
Technology Update Authors Brian D. Barnard Randall E. Colson M. Ann Newton Related Practice Groups Intellectual Property A new California Law (Assembly Bill No. 700, Chapter 1054) went into effect on July 1, 2002 that requires companies who conduct business in California to notify their California-resident customers if their unencrypted personel information may have been stolen as a result of a security breach ...
Five years ago your CEO told you that your company had to have a “web” strategy. So, you learned everything about the Internet. You hired specialty law firms, bought software, and entered into web development and hosting agreements. You mastered all the web lingo. Now, all of that is passé ...
The Internet is a rather young, but a very popular source of information for Ukrainian businesses and consumers. The Internet segment of the market has been actively developed recently and has acquired a high level of commercialization. According to the Ukrainian mass media, the number of Internet users in the Ukraine increased by over 70 % in 2002 ...
As seen in the Houston Business Journal
Today – more than ever – corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators ...
Dallas Bar Association Tort and Insurance Practice Section Today-more than ever-corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators ...
