Kavitha Gupta's blog

Confidentiality in anti-dumping investigations: Supreme Court interprets Rule7 Lakshmikumaran & Sridharan India May 22 2017 A key feature of anti-dumping investigations is the protection available to commercially sensitive information that interested parties provide to an investigating authority. The idea is that such sensitive information should remain in the safe hands of the authority and must not fall in the hands of opposing parties, who may gain commercial advantage from such information. However, this protection is available with some conditions. Rule 7 of the Anti-dumping Rules [see end note 1] (“AD Rules”) provides that a party may claim confidentiality on information, and further, the conditions to be fulfilled when such a claim is made. Rule 7 has been borrowed in the AD Rules from Article 6.5 of the WTO Anti-dumping Agreement. Before we discuss Rule 7, let us look at the following situations that may arise in anti-dumping investigations: Situa...

How to scope your internal investigations: another debate on privilege Newsletters May 23 2017 | Contributed by RPC Only months after its decision in Re the RBS Rights Issue Litigation , (1) the High Court has provided another landmark judgment reaffirming the narrow scope of legal professional privilege. (2) In proceedings between the Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation Limited (ENRC), ENRC unsuccessfully attempted to protect documents created during internal investigations into suspected bribery and corruption, claiming legal professional privilege. Facts While expanding its operations into Africa in 2009/2010, ENRC became aware of unsubstantiated allegations of corrupt practices by target companies that it sought to acquire and the individuals behind those entities. Accordingly, it instructed DLA Piper LLP (DLA) and then Dechert LLP to investigate allegations of "corruption and financial wro...

General Data Protection Regulation in Jersey: what is it, why should I care and what should I do about it? Newsletters April 04 2017 | Contributed by Ogier While the media's attention in the past six months has been lavished on Brexit and President Trump, there is one particular news story that is still not getting a huge amount of attention, but which will affect businesses across Jersey – regardless of the United Kingdom's position within the European Union and US foreign policy – sooner than might be expected. Overview The General Data Protection Regulation (GDPR) is an EU-wide reform of privacy and data protection legislation that is due to take effect from May 25 2018. It is a major update of Europe's data privacy laws that has been born from the era of Big Data and mobile technology. At its heart, the regulation is about: giving new rights for members of the public to control their data (including the much-discusse...

Reselling Microsoft SPLA & Cloud    https://youtu.be/Fb8xYuAM9KY Software Audit Defense | A Legal Perspective    Understanding Autodesk Software Audits - what you need to know.    Published on Feb 14, 2016 http://www.SoftwareAuditLawyers.com If you have received a letter from Autodesk asking your company to submit to a “voluntary” self audit, you should watch this video from start to finish. This video will help you understand the ins and outs of how Autodesk and their attorneys handle software infringement cases. The legal and reputational risks to your organization cannot be understated. You could be facing damages from $750-$150,000 for “willful infringement” of copyright software. Your company, and its officers and directors may be labelled or accused of being a “software pirate” and if a federal copyright lawsuit is filed, serious damage to the goodwill of the business is at stake, and these can possibly emerg...

BSA Software Audit Updates: Membership Changes and Impact on Audits by Keli Johnson Swan in Blogs , BSA Audits BSA| The Software Alliance (the “BSA”) is an organization that acts on behalf of software publishers to enforce copyrights. The membership of the organization may undergo changes, which can impact an existing software audit if a member leaves during the course of the audit and the BSA no longer has power of attorney to enforce the copyrights. The BSA has lost of a few members recently, including Parametric Technology Corporation (“PTC”), Minitab, and TechSmith Corporation. Some publishers choose to enforce their own copyrights, while others elect to engage competing organizations such as the Software & Information Industry Association (“SIIA”) or Software Compliance Group.  Recently, the BSA also gained new members, including DataStax, Salesforce, Splunk, and Workday. The changes to the BSA’s membership may affect the scope of the audit,...

Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement by Stephen F. Pinson in Blogs Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud Services allow end users to access software and infrastructure remotely from any location and storing data with a provider. Because of the risks associated with storing data in the cloud and the need for uninterrupted access to the data, businesses want to be sure that they understand their requirements when entering into a cloud service agreement with a provider. The following is a list of suggested requirements when negotiating Software as a Service or Cloud Service agreement (these are not in any particular order): Demarcation A demarcation point is typically ...

SC held that a party can chose a neutral place as seat for Arbitration & such place of arbitration will entitle the court for jurisdiction to try the matter.  SUPREME COURT JUDGMENT IN INDUS MOBILE DISTRIBUTION PRIVATE LIMITED VS DATAWIND INNOVATIONS PRIVATE LIMITED On 19 April 2017, a bench comprising of Justice Pinaki Chandra Ghosh and Justice Rohington Fali Nariman held that where an exclusive jurisdiction clause in an arbitration agreement states that the courts at a particular place alone would have jurisdiction in respect of disputes arising under the agreement, it would oust all other courts’ jurisdiction in the matter,  even in a case where no part of the cause of action arises at that place .  Factual Background Ø The Respondent in the matter was engaged in the manufacture, marketing and distribution of mobile phones, tablets and other accessories and had its registered office at Amritsar in Punjab.  ...