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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