Twenty-five years ago, it cost parties roughly the same to litigate in state and federal court. Plaintiffs chose federal court sometimes for expansive discovery or to get a good judge, even though state court was an available alternative and additur impermissible in federal court. Today, plaintiffs with non-federal causes of action flee federal courts, and those with federal claims scour the books for state law analogues. What happened?
German IT law has been influenced by three legal projects and a couple of interesting court decisions, all of which will affect the IT industry.
‘Modern’ data protection laws first appeared in 1970 (in Germany) as a response to the use of computers to process information about people. At that time, however, there were relatively few computers and most were in the public or academic sectors, and at a few large corporations. Moreover, these machines tended to be housed in secure locations without direct connections to the outside world. For regulators, the task of tracking and supervising the processing of personal data might have been a realistic objective initially, although not for long.
The last twenty years have seen a dramatic shift in retail development in the United States.
On 1 July 2001, the Canada Shipping Act 2001 (CSA 2001) replaced the Canada Shipping Act (CSA) as the primary legislation governing marine transport, pollution and safety, but it did not come into force until 1 July 2007, when certain regulations to clothe the statute also came into effect. The old CSA was initially based on the British Merchant Shipping Act of 1894 and was amended over the years on an ad hoc basis.
In 2005, I boldly awarded the title of “The Most Significant M&A Lawyer in the United States” to Delaware vicechancellor Leo Strine. On this occasion, I will pursue a more controversial title: “The MostControversial M&A Lawyer in the United States”, and I bestow it on Professor Lucian A Bebchuk, from the Harvard Law School.
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