As is usual, I don't get paid a whole lot to think about these things, but can't these be considered as a combination in restraint of trade in which the victim (the law firm) is a co-conspirator? See, 15 U.S.C. §1 (or for the more ironically inclined 15 U.S.C.A. §1 or 15 U.S.C.S. §1).
Chas. Gaunce
University of Texas at El Paso
________________________________
From: owner-law-lib@ucdavis.edu [mailto:owner-law-lib@ucdavis.edu] On Behalf Of dl
Sent: Thursday, May 31, 2007 8:41 AM
To: law-lib to post
Subject: Flat-rate contracts (Wexis) and confidentiality clauses
Has anyone whose been involved in the negotation of flat rate contracts with Westlaw or Lexis ever sought to remove or alter the confidentialty clause?
This clause seems to benefit only Wexis and works to the detriment of law firms or other subscribers to these kinds of deals.
We are currently in the final stages of renewing our contract and this clause is the lone remaining bone of contention. My feeling is that the trend will be away from these clauses, but wanted to see what other people think.
David Leone
Librarian
Waller Lansden Dortch & Davis, LLP
511 Union Street, Suite 2700
Nashville, Tennessee 37219
Phone: 615-850-8144
Fax: 615-244-6804
Email: dleone@wallerlaw.com
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