Managing Force Majeure Clauses: Fine Print Does Matter

Force majeure provisions might provide some relief when services go down, but it's seldom that simple

A current joke making the rounds reads: “2020 is a unique leap year: it has 29 days in February, 300 days in March, and [five] years in April and May.” This may be particularly true for enterprise end users who find themselves stuck in undesirable vendor agreements where contracted services aren’t meeting promises or expectations, and customers can’t do a whole lot about it. Isn’t that what force majeure provisions are for? The answer is a qualified “maybe.”

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A Short but Important Thank You to Our Vendor Community

In these trying times, it's important to give credit where credit is due.
I have a rule for myself. I don’t hesitate to write a nasty letter when one is earned (and I can write a doozy if I do say so myself). On the other hand, when I receive service that’s above and beyond, I need to write a positive letter of thanks and acknowledgment. For me, the ratio of those letters needs to be one-to-one. Broadly, I think we are very quick to complain when things go wrong and very slow to acknowledge good things, even though we all experience them.

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Creating a Solid Foundation for GDPR, CCPA, Future Laws

First came the GDPR, the European Data Privacy Rules. Next came the California Consumer Privacy Act (CCPA), which became effective this year on Jan. 1.  And now many, if not all states, are grappling with coming up with their own set of rules and regulations to address the significant privacy concerns of individuals regarding the protection of information that they deem to be private.

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AI: It’s All About the Context

Without the right context, decisions made with AI support can create ethical and legal dilemmas for many enterprises.

As the new year gets rolling and I see increasing numbers of ads on tv and/or online for AI “solutions” (I HATE that word in this context), I remain concerned (to the point of neurotic) about the serious downside of reliance on AI. Is AI a powerful tool? Absolutely. But its judicious use is critical if it’s going to bring sound and useful results to the enterprise. If answers to tough questions were always in black and white, answers would be much easier to find and implement. The challenge is that business, government, and life are much, much messier. Can AI help sort through the glop? Absolutely, but reliance on its outcomes must be made with careful consideration and great care.

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The California Consumer Privacy Act Comes of Age

With new Californian privacy laws taking effect in the new year, enterprises are rethinking their strategy and preparing for similar state or federal regulations.

I’ve written about privacy regulation before. But on January 1, 2020, when the California Consumer Privacy Act takes effect, the importance of managing privacy for California residents and entities will take on a whole new level of seriousness.

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