To: Larry Brew who wrote (25788 ) 12/23/1998 2:12:00 PM From: RAVEL Respond to of 31646
FIRST Y2K LAWSUIT FILED AGAINST MICROSOFT Widely Used Software Development Tool Contains Latent Defect. Many FoxPro And Visual FoxPro Applications Face Potential Failure. CHICAGO, Dec. 23 /PRNewswire/ -- Chicago based law firm Gold & Rosenfeld and Massachusetts based law firm Gogel, Phillips and Garcia, LLP have filed a lawsuit against giant Microsoft Corp. In a class action complaint brought on behalf of the Plaintiff, software developer Ruth H. Kaczmarek, it is alleged that Microsoft knowingly designed, manufactured and distributed products known as FoxPro and Visual FoxPro, both popular database development tools, with latent defects in the date sensitive codes, rendering the product potentially incapable of accurately processing dates beyond December 31, 1999. In addition, it is alleged that Microsoft has failed to provide FoxPro and Visual FoxPro owners with effective notice of the latent defect. FoxPro and Visual FoxPro are database development tools widely used by software developers. In the lawsuit, Plaintiff requests that the Court order Microsoft, at its own expense, to provide all FoxPro and Visual FoxPro users with notice of the defect as well as a "patch" to correct the defect. Moreover, the complaint alleges that Microsoft is liable for compensatory, incidental and consequential damages due to Microsoft's breach of express and implied warranties and for punitive damages based on Microsoft's apparent knowledge of the Y2K defect, its continued marketing and sales of the defective FoxPro and Visual FoxPro products, and its failure to timely notify its customers. The case was filed in Federal District Court for the Northern District of Illinois in Chicago and is believed to be the first case against Microsoft alleging latent Y2K defects in software. Gold & Rosenfeld is a Chicago based law firm which concentrates its practice in Information Technology Law and complex Commercial Litigation. Its partners have extensive experience in the information technology industry. Gogel, Phillips & Garcia, LLP is a Massachusetts based law firm specializing in class action litigation. In the past year, Gogel, Phillips & Garcia has been appointed class counsel in LaFromboise, et al. v. Greenwood Trust, et al. (D. Mass.); In re: General Electric Capital Corp. Bankruptcy Debtor Reaffirmation Agreements Litigation (MDL, NDIL); and Lamontagne, et al. v. Hurley State Bank, et al. (D. Mass.). SOURCE Law Offices of Gold & Rosenfeld -0- 12/23/98 /CONTACT: Robert H. Rosenfeld, Esquire, of Gold & Rosenfeld, 312-236-2900, or e-mail, rhr@rhrassociates.com/ CO: Law Offices of Gold & Rosenfeld; Gogel, Phillips, & Garcia, LLP; Microsoft Corporation ST: Illinois, Massachusetts IN: FIN CPR SU: LAW