![Legal News & Trends]()
Nominations open for Marygold Melli award
When you think of Wisconsin women who have made significant advances
in furthering the interests of women, the legal profession, justice, and
society as a whole, does anyone immediately come to mind? The Legal
Association for Women invites you to nominate that individual for the
2000 Marygold Melli Achievement Award.
Presented annually since 1994, the award honors Wisconsin women who
have:
- made significant contributions to women in the law by advancing the
interests of women in the legal profession;
- promoted improvements in the administration of justice;
- promoted equality and social justice for all people; or
- improved relations between the legal profession and the public.
The award honors Marygold Melli, professor emerita at the U.W. Law
School, who managed a distinguished career at the school while writing
prolifically, doing extensive community and professional service, and
raising four children.
Previous award recipients include: Ruth B. Doyle, Mary Lou Munts,
Chief Justice Shirley Abrahamson, Hon. Barbara Crabb, Diane Greenley,
and Prof. June Weisberger.
For nomination forms and additional information, contact Eunice
Gibson at (608) 266-4511. The deadline for nominations is July 31,
2000.
Figuratively Speaking
The annual cost of processing freedom of information requests
mushroomed from the $100,000 that The House Committee on Government
Operations projected in 1974 - when Congress passed the Freedom of
Information Act (FOIA) - to $52.8 million in 1998. The number of
requests made in 1998 was 181,338. Some 536 of the 872 people processing
FOIA requests work full time for the FBI.
Source: Wall Street Jounal, Jan. 3, 1995 (first item) and
the Department of Justice
Web site
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Bitten by the 'Love Bug'? Insurance may cover computer virus
losses
If a computer virus - like the recent "Love Bug" and its variations -
infects your computers, your insurance may cover the damage. It depends
largely on the policy's language and the insurance company's attitude,
says Douglas P. Dehler, a partner and head of the Insurance Focus Group
at Michael Best & Friedrich LLP, Milwaukee.
"Attorneys and their clients should be aware that recovery may be
available under business insurance policies, which cover property damage
caused by a broad array of risks, typically including vandalism and
theft," he notes. "These policies often provide business interruption
coverage as well."
In the case of the "Love Bug," the first element of the virus
"vandalized" computers by deleting files (notably JPEG graphics and MP2
and MP3 movie files), while the second element "stole" confidential
passwords, making it possible for hackers to access infected computers
in the future.
Some insurers specifically include money lost as a result of computer
viruses in their policies, while others cover such losses although they
don't explicitly cite them. But, notes Dehler, "Other insurance
companies may deny coverage on the grounds that the virus did not cause
physical loss or damage to 'property' as defined in an insurance
context. They argue that computer files are intangible as opposed to
tangible property."
However, the word "property" usually is not defined in insurance
policies, according to Dehler. And, he says, "under Wisconsin law, where
an insurer uses an undefined word in its insurance policy and that word
has more than one reasonable meaning, the word is interpreted by courts
in a manner that favors the policyholder."
Since many businesses and some - but not all - taxing authorities
consider computer files and data to be property, it may be entirely
reasonable to conclude they are property for insurance purposes, Dehler
asserts. Although, he adds, there is a clearer case for coverage if
other property also has been damaged. For example, if computer hardware
(rather than data) is damaged, or if a client's inventory is spoiled
because an infected computer shut off the client's HVAC system.
Although some insurance policies exclude "the cost to research,
replace, or restore the information on valuable papers and records,
including those that exist on electronic or magnetic media," Dehler
notes that the "Love Bug" damaged audio or video files, as opposed to
"valuable papers and records" such as contracts, articles of
incorporation, and so on. Other computer viruses, like the Michelangelo
virus in 1981, damage computer hard drives.
In any case, Dehler advises virus victims to contact their insurer
promptly, as any delay in notification may jeopardize coverage.
Wisconsin Lawyer