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Maryland federal court refuses to enforce poorly drafted forum selection clause

Baker & McKenzie
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USA
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April 6 2010

In a case that serves as a lesson for drafting forum selection clauses, on 23 February 2010, the US District Court for the District of Maryland determined in Micro Focus, Inc. v. Bell Canada that it could not enforce a forum selection clause that was “nonsensical”

MacDermid, Inc. v. Deiter, 702 F.3d 725 (2d Cir. 2012)

Baker & McKenzie
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Canada, USA
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March 25 2013

Plaintiff MacDermid Chemicals ("MacDermid"), a Connecticut company, decided to terminate the employment of Defendant Jackie Deiter, who worked and

Breach of contract for third-party supply of software

Baker & McKenzie
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United Kingdom
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June 15 2011

The High Court dismissed a claim for breach of contract for the third-party supply of software alleged to be of unsatisfactory quality and unfit for purpose in the case of Mayor & Burgesses Of Southwark London Borough Council v IBM UK Ltd

Colombian Constitutional Court has published ruling on the new data protection law

Baker & McKenzie
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Colombia
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July 27 2012

The Colombian Constitutional Court has published the long awaited ruling C-748-2011 on the constitutionality of the most recent Bill of Law on the protection of personal data in Colombia

Paris court gives full effect to an indemnification clause in a cloud computing agreement

Baker & McKenzie
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France
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November 17 2011

In a decision dated 12 July 2011, the Commercial Court of Paris rendered a decision in favour of a provider of cloud computing services

Deep linking may not constitute copyright infringement

Baker & McKenzie
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France
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July 2 2010

The Court of First Instance of Nanterre has ruled that a web portal that provides a deep link to the website of a software developer where the latter's software can be downloaded does not constitute copyright infringement

National High Court confirms fine imposed by the Spanish Data Protection Agency on a company for forwarding to its staff a court resolution without deleting personal data contained in the resolution

Baker & McKenzie
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Spain
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August 31 2010

The National High Court has confirmed a fine of 100,000 imposed by the Spanish Data Protection Agency (SDPA) on a company that forwarded to its employees a link to a court resolution referring to a dispute between the company and one of its employees without erasing the relevant employee's personal data (including sensitive data

French Supreme Court upholds employer's access to employee emails

Baker & McKenzie
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France
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March 29 2010

The French Supreme Court (the Cour de Cassation) has confirmed the position of the Angers Court of Appeal, which ruled that an employer can freely access its employee's emails located on his company-issued computer

ISP required to reveal identity of creator of fake profile on social networking site

Baker & McKenzie
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Brazil
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November 9 2010

An internet services provider (ISP) was ordered by a judge to disclose personal data regarding a user of its social networking site who had created a fake profile of another user which allegedly caused damage to the latter's reputation

Digital media update

Baker & McKenzie
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Australia, European Union, United Kingdom
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January 25 2012

Welcome to the January edition of our quarterly Digital Media Update

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Maryland federal court refuses to enforce poorly drafted forum selection clause

MacDermid, Inc. v. Deiter, 702 F.3d 725 (2d Cir. 2012)

Breach of contract for third-party supply of software

Colombian Constitutional Court has published ruling on the new data protection law

Paris court gives full effect to an indemnification clause in a cloud computing agreement

Deep linking may not constitute copyright infringement

National High Court confirms fine imposed by the Spanish Data Protection Agency on a company for forwarding to its staff a court resolution without deleting personal data contained in the resolution

French Supreme Court upholds employer's access to employee emails

ISP required to reveal identity of creator of fake profile on social networking site

Digital media update

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