Kavitha Gupta's blog

A recent judgment of the US court has held that claims for losses incurred for a data breach is a consequential damage and is barred under the Disclaimer of Liability clause dealing with indirect and consequential damages - Interesting update on Indirect and direct damages. Recent Case Highlights The Dangers Of Consequential Damage Waivers in IT Contracts By Matthew Spohn (US) and David Navetta (US) on September 26, 2016,  Norton Rose Fulbright US LLP The U.S. Court of Appeals for the Eleventh Circuit —one of the highest federal courts below the Supreme Court—recently affirmed a decision in Silverpop Systems, Inc. v. Leading Market Technologies, Inc. finding that all damages flowing from a vendor’s data breach were barred by a standard provision in IT service contracts, disclaiming all liability for consequential damages. The court’s analysis could apply to almost any breach of data provided to a vendor under an IT service contract, and highlights the need to carefull...

Check out a glimpse of the Round Table discussion on Privacy & Data Protection at IIM, Bangalore on Aug 4.  IIMB, in association with SFLC, hosted a roundtable on Privacy and Data Protection in the Digital Economy, on August 04, 2016 https://www.iimb.ernet.in/node/15096

Oracle’s Point-of-Sale division targeted by professional hackers K&L Gates prev next USA August 17 2016 Oracle confirmed last week that its security was breached by a Russian organized cybercrime group infamous for hacking retailers and banks. Alarmingly, Oracle’s MICROS point-of-sale credit card payment system was one of the systems targeted in the attack. While the impact of the breach is still being investigated, the attack could have had wide impact. MICROS is one of the top three point-of-sale vendors worldwide and sells point-of-sale systems used at more than 330,000 cash registers globally. It has been reported that Oracle became aware of the breach after its staff discovered malicious code on the MICROS customer support portal and systems. It is thought that the hackers installed malware on the troubleshooting portal in order to capture customers’ credentials as they logged in. Usernames and passwords could then be used to access cust...

The recent judgment of the Supreme Court is encouraging to eradicate the anti-corruption activities in India by extending the definition of 'public officers' to pvt. banking cos. even if PCA is not specifically included under the banking laws of India. The court has applied an  exemption to casus-omissus rule and  broaden the ambit of PCA,This sets a precedent to all other special acts that define its officers as 'public servants'  - Interesting read Supreme Court expands definition of 'public servant' under Prevention of Corruption Act 1988 Newsletters August 08 2016 | Contributed by Shardul Amarchand Mangaldas & Co Introduction In the recent Supreme Court case of Central Bureau of Investigation v Ramesh Gelli (1) the managing director and chair of a private banking company were held to be public servants for the purposes of prosecution under the Prevention of Corruption Act 1988. In light of this judgment, an appeal filed by the Cen...

Splitting-up of the Minimum Wages Vs. Basic Wages under Employees’ Provident Fund and Misc. Provisions  Act,1952 ( By: S K Gupta , Advocate , Supreme Court, 25-B, Pocket-I, Mayur Vihar-III, Delhi-110096 M-09891170907,09968097740 Email:skpfdelhi@gmail.com) Today the main discussions among all of us is  that ‘Which component constitutes “Basic Wages” as defined under Section 2(b) of the Employees’ Provident Fund and Misc. Provisions Act, 1952 ( short the “Act,1952”) for the purpose of deduction of the Provident Fund contribution as per Section 6 of the Act,1952 ?.’ This burning topic is now more important to the Provident Fund Consultant(s) , labour Laws Advisor(s) , Corporate sector(s) as well as the small entrepreneur(s)/establishment(s) across country as the recently the Additional Central Provident Fund Commissioner , Employees’ Provident Fund Organization, Bhikaji Cama Place , New Delhi, ( in short the “Addl.C.P.F.C.”)  vide his circular dated 23.05.201...