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Subject:
From:
Gerard Nicol <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 28 Sep 2006 20:17:07 -0400
Content-Type:
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On Thu, 28 Sep 2006 14:24:08 -0700, Nolene Sherman <[log in to unmask]> 
wrote:

>
>But where do you sue? If the outsourcer is in a country in which misuse
>or theft of information is not illegal, then what? (Until recently, even
>the US had no specific law against identity theft). I believe I've heard
>about this being done, but just to verify from the lawyer-types, can you
>specify in a contract with an off-shore company that US law will govern
>the contract?

You can put anything you want in a contract (including jurisdiction), but 
it will always be your responsibility to get your pound of flesh.

Irrespective of the applicable statutes you will still have common law 
rights (presuming you live in a common law state) to sue for damages 
including negligence.

Gerard

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