Volume 1, Number 1, December 1997

In the year 2000, many computers will not function as expected. As you may have heard, some computer programs will reset their internal clocks to the year 1900. Click above to find how this will affect Litigators, Forensic Experts and you.



 Conversion to the Year 2000
Litigation issues
By Stanley H. Kremen, CDP and Kristin Bissinger, Esq.

In the year 2000, many computers will not function as expected. As you may have heard, some computer programs will reset their internal clocks to the year 1900. Click below to find how this will affect Litigators, Forensic Experts and you.

 The Selection and Use Of Technical Experts
By Marc S. Friedman, Esq. and Stanley H. Kremen ,CDP

This article provides a guide on how to select a technical expert for computer litigation. In addition, it discusses the role of the computer expert in both the pre-trial and trial phases. Also covered, are factors affecting the cost of using computer experts and directing their work.


Infojacking the information superhighway
by Marc S. Friedman ,Esq.

This article discusses criminal activity on the internet. The open, unregulated nature of the internet means that the Internet proved fertile grounds for criminal enterprise. Computer crime statutes are discussed. Often, a computer crime can be prosecuted under traditional law. However some new crimes defy detection and prosecution.


Old Rules for New Stuff 
By Marc S. Friedman, Esq. and
Shacara N. Boone, Esq.

This article is concerned with pre-trial discovery and seizure of computer based evidence. Topics such as retrieving relevant e-mail sent intra-company and over the internet, recovery of deleted data and authentication of evidence are discussed.



 Technical experts in computer-related intellectual property litigation
By Marc S. Friedman, Esq., Stanley H. Kremen, CDP, and Pauline L. Wen, Esq.

Computer related intellectual property litigation requires a technical expert. This article discusses how they are used. In addition, it provides a technical overview on how to determine whether infringement has occurred.


Trade secret protection for Software
by Dennis S. Deutsch, Esq.

Sometimes, copyright or patents may not provide adequate or appropriate protection for computer software. This article discusses an alternative approach.


Avoiding Problems Associated With Computerization
By Stanley H. Kremen, CDP

Computers are all around us. Every large business has them. Small companies are ac-quiring them. Individuals are using them at home. Children are using them at school. The acquisition of computers for business has caused many problems which require attorney involvement. This article is a technical treatise on how a buyer can avoid problems which arise from purchasing a computer system.




Multi-Vendor Acquisition Alternative Liability Theories

By Marc S. Friedman, Esq.

In the case of multi-vendor acquisitions of computer systems (e.g., hardware is purchased from one vendor and software from another), when a breach of warranty lawsuit is filed, often each of the vendors blames the other for the problems. In such a case, once it is established that the buyer was damaged from his purchase of the computer system, the burden of proof can shift to the vendors, thereby requiring each to establish his innocence.


An Overview Of The Internet And The Law
By Dennis S. Deutsch, Esq.

The article discusses various aspects of the law as it relates to the Internet. Included are the categories of intellectual property(including copyright and trademark issues), communications law, tort law, statutory violations, ethical violations, consumer fraud, constitutional issues, contract formation, cyber-banking, international law, and procedural law.



Proof of WHO, WHAT and WHEN in Electronic Commerce
By Charles R. Merrill, Esq.

As use of telecommunications (and especially of the internet) for electronic commerce increases, so also does the requirement for security. Hacking and spoofing abound. How can the recipient of e-mail know the actual identity of the sender, and how can the authenticity of the message be verified. Digital signatures using public key asymmetric cryptography could provide the answer.


By Marc S. Friedman, Esq.

All transactions involving the purchase of hardware and software are governed not only by the agreement between the parties but also by Article 2 of the Uniform Commercial Code. This consequence is particularly important when dealing with the Year 2000 crisis. The article discusses the scope of the UCC in this type of information technology transaction, the role of express and implied warranties, the use of parol evidence, limitation on damages and the four-year statute of limitations. Without a complete understanding of the UCC provisions and their application to date-defective computer systems, a lawyer will not be able to effectively represent a client who must confront the Year 2000 crisis.