LatestPublic Records Act and Electronic Issues - November 2008This paper was presented at the Public Records Act Masterclass and updates the paper on our website, “Record and Information Management: Legal Issues”, delivered to the Records Management Association of Australasia. Panel Contracts - August 2008In this paper, presented at the LexisNexis Government Contracting and Procurement Conference, Michael Wigley illustrates some key issues in respect of panel contracts. He also brings out some of the wider benefits and challenges. Relationship Enhancing Contracts - July 2008Getting the relationship outcomes right in ICT service arrangements is critical. But how can the contract and negotiations advance these outcomes? Stuart van Rij highlights for CIO magazine some key areas to focus on. 0867 Dials-up Competition Law Changes? - May 2008What is the 0867 litigation all about, and how did Telecom win – under section 36 of the Commerce Act 1986 – in Commerce Commission v Telecom? Michael Wigley explains for NZLawyer. 8 Years to Judgment is Too Long - May 2008It’s an understatement to say that eight years from start to finish (longer if there are appeals) for a High Court case is unacceptable. Is enough being done? IT Contracts: Telecommunication and Internet Issues - April 2008This paper, delivered to the LexisNexis IT Contracts Forum in April 2008, focuses on identifying telco and internet issues arising in IT contracts, and assessing and managing the risk associated with these. Virtually Exposed - April 2008We set out for CIO Magazine some key issues to consider when implementing a virtual server environment. Many applications that will be migrated are encumbered with licence and support terms that have not caught up with the technology... New IP Guidelines - February 2008Stuart van Rij overviews for CIO the SSC Guidelines for Treatment of Intellectual Property Rights in ICT Contracts. These provide much needed guidance as to when agencies should seek to own the new IP created under ICT contracts. Does the Board Carry the Can for ICT? - February 2008Michael Wigley outlines for 'The Director' magazine the role that boards must play in managing ICT risk, and explains where legal responsibility for its management lies. Sheffield Wednesday Football Club Scores a Website/Blog Defamation Goal - December 2007Websites and blogs that allow third parties to post content face potential defamation risk. This needs to be managed... Ensure Software Ownership and Licence Detail is Agreed in Writing - December 2007An October 2007 Court decision confirms this. For example, don’t just talk about getting a licence. Deal with the detail and extent of the licence... Corporate and Public Sector Governance: Who Carries the Can for ICT, Electronic Information and IP? - November 2007IT and telecommunications (ICT), ICT security, electronic information and IP are major features of company and public sector affairs and risk. Failure can be catastrophic. Recent developments confirm that legal responsibility goes all the way to the top. Record and Information Management - November 2007Over the years, we have written many papers relevant to information and record management. Here, we bring the position up to date. IP Rights Trump Competition Law: TV Transmission Spat Highlights Issues for Businesses - November 2007Many IP rights are carved out of the competition law regime. However businesses with IP need to protect these rights in this complex area. The tension between IP rights and competition law is illustrated by issues between Pay TV and Free to Air channels School Buses Clarify Public Sector Procurement and Judicial Review - October 2007A new decision on school bus routes further clarifies when Courts can step in to review public sector procurement. However, court risk is not the only risk in public sector procurement. Capping Liability - October 2007Setting an appropriate cap on liability is a common, and sometimes perplexing, issue to be resolved when negotiating an ICT deal. Stuart van Rij outlines for CIO magazine an Australian approach to capping liability for medium or high-risk ICT projects. Public Sector Panel Contracts - Freedom to Pick and Choose from the Panel? - October 2007The Mandatory Rules have focused attention on panel contracts, an excellent way to achieve great outcomes. Key is whether, when the panel is appointed, the agency has unfettered right to pick and choose from whom to buy. Electricity: Commerce Commission Notches up a Supreme Court Win - October 2007Electricity lines company, Unison, lost its appeal to the Supreme Court against the Commission’s decision setting the thresholds to be met, to avoid imposition of price and other controls. Commerce Commission issues new guidelines for broadband suppliers - September 2007Misleading performance claims by broadband suppliers are an increasing concern for the Commission. We think a prosecution sooner or later is inevitable. Suppliers should carefully read these new guidelines. September 2007 Update: Convergence of Telecommunications, Broadcasting and the Internet: A Regulatory Perspective - September 2007This paper updates our June 2007 paper, as part of our presentation to the Digital Media & Content Summit on 25 September 2007. Rugby World Cup : TV3 versus Sky – one-nil or a draw? - September 2007September’s Rugby World Cup court tiff – between TV3 and Sky TV – ironically had the boot on the other foot. In the game between Free to Air and Pay TV, who really won commercially: Free to Air, Pay TV or both? Demystifying What’s Happening in New Zealand’s Telecommunications Regulation - September 2007An update on New Zealand’s Telecommunication Regulation, published in the September edition of the UK periodical Computer and Telecommunication Law Review (Sweet & Maxwell). Service-Level Blunders - August 2007Stuart van Rij outlines for CIO magazine six common service-level blunders. Avoiding these from the outset helps to create a robust foundation for the client-supplier relationship and can also prevent potential problems, disputes, or additional costs... Mandatory Rules for Procurement – One Year On - July 2007The Mandatory Rules for Procurement by Departments are one year old. They are not yet being fully applied by all affected agencies and they continue to raise challenges…. Convergence of Telecommunications, Broadcasting and the Internet: A Regulatory Perspective - June 2007Convergence of content across platforms – such as broadcasting, telecommunications, and the internet – presents great opportunities and some considerable challenges. Paper presented to the Tele.Con 8 summit (26 June 07). Laws to Beat Spamming - June 2007For the Herald On Sunday Fiona Campbell answers some frequently asked questions about the new anti-spam legislation. Convergence and the Media: Regulatory Review at Last - June 2007Convergence of content across platforms, such as broadcasting, telecommunications, and the Internet, presents great opportunities. With the opportunities come considerable challenges. Update: Demystifying What's Happening in Telecommunications Regulation - June 2007So much has been happening since our February article that we have updated it with new developments... No, ma’am, this ain’t spam - June 2007Fiona Campbell answers questions and concerns about new anti-spam legislation for the CCH’s Market Focus newsletter, dealing with the ambit of the Act, what organisations must do to comply with new requirements, and penalties for non-compliance... "Our ERP solution is the best thing since sliced bread..." - June 2007Stuart van Rij outlines for CIO magazine some key questions to consider when reviewing the typical vendor-friendly warranty in a licence for ERP software.... Unsolicited Electronic Messages Act - May 2007The new Unsolicited Electronic Messages Act has some bugs caused by well-meaning Select Committee changes to the Bill. Fiona Campbell explores these bugs and overviews the new Act for the New Zealand Law Journal... On-line Employee Privacy versus Employer Protection - April 2007How far can organisations intrude into employees’ online activity? What’s the optimal approach?... Court of Appeal Changes Law on Restraint of Trade - March 2007In March 2007, the Court of Appeal kicked for touch the prevalent idea that extra contractual consideration (that is, something of value) is a prerequisite for an enforceable restraint of trade.... The Price of Predictability - March 2007Fixed-price contracts are indeed a persuasive means of obtaining price certainty in ICT projects. However, there are limitations to the fixed-price model that can cause a project to become unstuck... Broadband Wireless Spectrum: an impressive solution - February 2007Freeing up spectrum for new needs can be problematic. The Minister and MED have spearheaded a successful transition for broadband wireless using new approaches. Telstra must supply unbundled access to ISPs for dirt cheap $3.20 a month - February 2007Telstra must supply unbundled access to ISPs for $3.20 per month. Surely a typo!? Navigating through SLA landmines - February 2007The Service Level Agreement is ubiquitous in the IT and telecommunications industries. Often, however, many of the service levels an SLA contains are riddled with problems that can be landmines in the path of a successful relationship. Retail Minus Pricing Panned by CAT - January 2007In 350 pages of judgment in October and December 2006, the Tribunal has provided a treasure trove of conclusions on several issues, one of which is ECPR/retail-minus pricing. Here is appellate confirmation of increasing disquiet with this regulatory mode Margin/Price Squeeze - A Landmark UK Judgment - January 2007UK's Competition Appeal Tribunal has developed margin (aka price) squeeze principles in this judgment that covers many issues. Problems for NZ's UBS Pricing Apparent from New UK Judgment - January 2007A major UK appeal judgment shows that the new UBS, Naked DSL and LLU pricing regime has serious difficulties. New Copyright Legislation Focused on Digital Issues - December 2006In December 2006, Government introduced a new Bill to deal with changes necessary to handle the digital world. Two Early Christmas Presents for the Commerce Commission Chair - December 2006Paula Rebstock is the Herald's Joint New Zealander of the Year. Support is critical but safeguards are also needed. Outcomes Focused SLAs - December 2006Begin with the end in mind - sage advice for almost every endeavour. However, one often finds that the Service Level Agreement sitting on the their desk fails in this respect. Viagra and the Corporate Lawyer - December 2006The anti-spam legislation will affect organisations a lot more that just random and dodgy spamming. The shape and timing of the Act is now clearer following select committee changes and the requirements are tougher. We Don't Spam, Do We? - December 2006With the Select Committee report now out on the anti-spam legislation, it appears that it isn’t just the pill-pushers that need to be wary. Organisations need to be aware of the requirements and start changing emailing practices now to ease the tra Beware the Winner's Curse - December 2006Could your outsourcing deal be subject to the winner's curse? Email Disclaimers: Fictional Wizardry? - October 2006Most organisations use email disclaimers carefully tweaked and ‘improved’ by lawyers. But how much protection do they really provide? Privacy Implications for Information Technology - September 2006IT projects, ranging from websites and online trading through to protection of computerised databases, often raise privacy issues ... Is a Standalone Industry Regulator the only way? Australia has a great example from the energy sector - September 2006It can be tough to optimise the inter-play between general competition and regulation law, and industry-specific regulation. Australia has a great solution with its new Australian Energy Regulator (AER)... Capping Liability the Australian Way - September 2006“So what should the cap on liability be?” – A common question for all those that have been involved in negotiating an IT or telecommunications agreement. The Australian Government has recently released policy on limiting liability... Next Generation Networks - another reason why Telecom must have robust operational separation - September 2006Overseas experience shows that Next Generation Networks (NGN) will become an even bigger issue than Local Loop Unbundling (LLU). The current legislative round provides a strong basis to deal with NGN regulatory issues now, rather than later... Who Owns Content on the Web? Singer, Billy Bragg, Drives a Big Change at Rupert Murdoch's MySpace.com - August 2006Content more and more is becoming king on the Internet ahead of the underlying Internet transport layer. And the large corporates increasingly play marbles in this sandpit. Who owns what content on the Net is becoming increasingly important... Seeking Information from ISPs and Internet Content Providers about People to Sue: How Google Handled It - August 2006ISPs and content service providers get requests to disclose details they can access, such as names behind a website. Generally, they aware of how to deal with the Police, and how the Privacy Act applies. But what about situations involving civil claims?.. Movies Online - A world premiere at the Cannes Film Festival - August 2006Content providers are increasingly winning the on-line legal battle for control of their intellectual property. Now, the EU has come up with the world’s first Charter to facilitate online availability of movies on a principled basis... Music, Movie and Software Providers Convert Arch-Nemesis Internet Piracy Channels into Great New Channels to Market - August 2006Internet content providers have recently scored a big win. Not only have they stifled notorious platforms for IP breach, they have converted them to work cooperatively as a new revenue-generating channel to market... Online Defamation Risk - July 2006While risk faced by ISPs, bulletin board hosts, bloggers, employers etc for online defamation has some uncertainty, some new Court cases are starting to clarify the position. 'Multisourcing': the new outsourcing - July 2006Wellington lawyer Stuart van Rij says there is a growing trend towards managing outsourcing contracts directly, even where multiple vendors are involved. He is concerned that this approach brings with it additional risks.... What to do when an IT Contract hits your desk - 20 key questions - July 2006It almost goes without saying that each IT project is different and requires a different contract. IT projects such as systems integration, outsourcing, and software development each have their own stand alone issues and risks that need to be addressed .. Intellectual Property in IT Contracts - July 2006Increasingly we’re finding that one of the most time consuming and difficult areas in IT contracts is ownership of IP ... Judicial Review of Govt Tenders More Likely - June 2006In this interview reported in Computerworld, Michael Wigley comments on the possibility of increased legal challenges to contracts awarded under new government procurement guidelines... Breakup: What Telecom Could Look Like - June 2006Telecommunications lawyer Michael Wigley looks at the ways the telco could be split up to remove monopolistic distortions... Confidential Information Breaches Now Easier to Prove - June 2006Our February 2005 online article, Confidential Information Breaches Can be Difficult to Prove, was based on a Court of Appeal decision, now reversed by the Privy Council. We outline what has changed... Government Procurement's Biggest Shake-Up in Years - June 2006The new Mandatory Rules for Procurement by
Departments are the biggest change in
Government purchasing for years, with
significantly increased compliance issues... Two Years for Mobile Market Change - June 2006The Commerce Commission has just started considering whether change is needed to help new entrants get into the mobile market. The potential process of such a change, including complications and shortcuts is set out... Broadband Regulation - What's the Reality? - May 2006After the euphoria of the broadband announcements earlier this month, what’s the reality?... Anti-Spam Legislation and ISPs - An Update - May 2006 What’s the latest for ISPs with the proposed anti-spam legislation? Here we overview timing and implications for ISPs... Anti-Spam Legislation FAQs - May 2006Here we endeavour to answer some Frequently Asked Questions regarding the timing, scope, and application of the proposed anti-spam legislation... $189 Fares to Sydney* - May 2006* Well, actually this article is about marketers being prosecuted when an ad has a headline price, and extra cost items are linked by asterisk in the small print... Electronic Health Records - 2006 Legal Update - May 2006In May, Michael Wigley addressed the Conferenz Medical-Legal conference and the Brightstar Electronic Health Records Conference.... Legal Hurdles to Telecommunications Change - April 2006Unless the Minister of Telecommunications accepts a commercial solution from Telecom, a key issue facing him in the coming months will be how to implement any change in our regulatory environment... Government Purchasing Processes Set for the Biggest Change in Years - March 2006Knowledge of government procurement processes is important not only for the public sector but also for savvy vendors that want to optimise their chances of winning government business. A new trade agreement is set to change the landscape ... Last updated: Thursday 17th July 2008
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