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(More customer reviews)Book review: @Risk: Internet and E-commerce Insurance and Reinsurance Legal Issues
Edited by R Hammesfahr, Reactions Publishing Group, 438pp, £150. Reviewed by John W Cooley, Esq.
I approach this assignment to write a review of @Risk: Internet and E-commerce Insurance and Reinsurance Legal Issues with both the delight and enthusiasm of a small child who has discovered a new and shiny coin. Edited by Robert Hammesfahr of the Chicago law firm of Blatt Hammesfahr & Eaton (now Cozen & O'Connor) and written by the firm's lawyers, comprehensive guide to e-commerce insurance issues generally and to issues concerning the prosecution and defence of insurance and other types of legal claims arising out of use of the internet by individuals and businesses in a commercial context. Of particular interest to mediators and arbitrators and lawyers who use ADR processes are Chapters 16 and 17 covering topics of litigation and alternative dispute resolution in relation to
e-commerce. Chapter 17 is authored by Richard L Blatt, a lawyer and ADR practitioner and a member of the Working Group of the Chicago International Dispute Resolution Association (CIDRA). Before discussing those chapters specifically, an overview of the entire book would be appropriate. A review of the Table of Contents of the book gives a sobering glimpse of its exhaustive coverage of the subject of e-commerce. The book has a total of 17 chapters. While the subject matter would seemingly be quite technical, the clear and direct writing style of the authors renders the content easily understandable by lawyers or lay persons with a basic working knowledge of computers, the internet, and insurance. Chapters 1 and 2 are introductory in nature. Chapter 1 discusses basic definitions relating to the internet and e-commerce and reports of the US Department of Commerce regarding the emerging digital economy. Chapter 2 addresses electronic contracts, digital signatures, clickwrap agreements and other related topics. Chapter 4 covers cyber-crime, including such topics as the Federal Computer Fraud Act, National Stolen Property Act, and the Fourth Amendment's applicability to the internet. Chapter 5 discusses First Amendment issues (defamation, privacy violations) and also identifies and explains typical cyber-loss risks (computer viruses, fraud online, spamming, products liability). Chapters 6, 7, and 8 address, respectively, topics of web-related intellectual property law, employment law issues, and e-commerce Y2K liability. Chapters 9 through 15 provide in depth coverage of several e-commerce insurance law coverage topics, including: first-party property; commercial general liability; directors' and officers' liability; errors and omissions, media liability, and intellectual property; employment practices liability; fidelity, surety and crime insurance, and reinsurance. One outstanding feature of this book is the liberal infusion of hypothetical cases and case analyses throughout many of its chapters. These numerous detailed and realistic scenarios provide thought-provoking grist for interactive discussion and analysis. This feature makes the book an ideal candidate for use as instructor's resource material or as a source of student role-play information for seminars and educational courses on e-commerce and/or online dispute resolution. Chapters 16 and 17 on litigation and ADR provide a comprehensive look at considerations to take into account when deciding whether to go to court with e-commerce disputes or to use some alternative to the court system. Chapter 16 covers such litigation issues as choice of forum, discovery, experts, damages, and trial strategy. Chapter 17 on ADR describes the principal ADR processes and hybrids and discusses when it might be useful to employ each. Finally, the book has eleven appendices containing a comprehensive collection of e-commerce related legislation and key court cases. Truly, @Risk is a fine piece of authoring and legal craftsmanship that greatly simplifies and clearly communicates complex legal concepts concerning the internet and e-commerce, and in my opinion, is a must-read for every forward-thinking lawyer and ADR practitioner. Initially published in The Winter 2000 issue of Undisputed Facts, which is the newsletter of The Chicago International Dispute Resolution Association
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