Conference 35.181::insurance

    
    Well, the conference is only 1 day old and already I have gotten
    many questions on its use.  The most asked one is "what can I put
    in there?".
    
    Basically, anything that you could get up in front of a group of
    DEC people and say at a meeting; with the exception of non-disclosure
    information.
    
    Also, you should refrain from entering anything that is obviously
    personal between you and someone else.  You should use E-mail for
    that or the phone.
    
    I have talked with a member of the Insurance Field Team and I believe
    the Insurance Calendar will be entered and changed as time goes
    on.
    
    Try to spread the word to anyone who you think might like to know
    about this conference.  We are trying to get the word around.
    
    Regards, Jim
    
    

    Suggested topics:
    
    1. summary of DEC ins. accounts by name (where OK)
    2. summary of DEC ins account applications, DEC projects & software
     (incl. 3rd party) organized by ins. function
    3. List of DEC/ins. presentations and handouts
    4. Internal and external writeups of DEC ins projects
                     
    

    Jim, could I suggest that all noters to this file first read through
    two other notes files: Ettiquette and Intro to VAXnotes (not
    necessarily in that order)? The former will tell you what is acceptable
    conversational behavior (such as NOT WRITING IN CAPS: it's YELLING);
    the latter will give you hot tips on how to get around in files
    and directories, among other things.
    
    Ed McDevitt
    

    Well, that wasn't very nice. I suggest some files to you, then give
    incomplete, misspelled information.
    
    If you are new to NOTES, or don't use them often, the "How To"
    conferences are worth knowing. Repeating, but with useful information,
    I suggest you "ADD ENTRY" the following:
    
    	WARLRD::VAXNOTES_INTRO
    	HUMAN::ETIQUETTE
    
    And if you sales folks out there do not use notes much, may I recommend
    that you take a glance through the full list of available conferences
    on EASYNET? There are many idea-provoking technical, sales, product,
    and marketing conferences, and they might just help you move a sale
    along. If you don't know how - just ADD ENTRY:
    
    	TLE::EASYNET_CONFERENCES
    
    If this stuff is too obvious for anyone, just skip this reply.
    
    Ed

    
    Yes, I agree.  I know that most folks have used NOTES before but
    there are some who may not know the routine.  Please reference the
    conferences mentioned if you need help.
    
    JL
    

    
    Some administrative items:
    
    Our cluster is up and available 24 hours a day, 7 days a week except
    for Monday mornings from 8 to 12.  All our clusters are backed up
    at that time and the system is not available.

    
    For those adding their names and resume to the Guest Registry note,
    please stick to the format used in the first couple of replies for
    consistency.
    
    Thx, JL
    

    This is a terrific beginning!  We should encourage its use by both
    field and industry marketing folk.  A look to upcoming programs,
    industry events, CMP's, etc. would also be useful.  Please let me
    know what I can do to help.
    
    Regards,
    
    Lee (Leland J. [Lee] Katz, U.S. Marketing Programs -- FIMG, BOIS,
    CSG

 


   Scott Dicks, who is a moderator of several conferences, thought we might be
interested in some extracts from other conferences concerning the DEC legal
department.  Apparently, they take a dim view of certain practices and we might 
do well to note some of this.  There is duplication from the base note and
other notes but some of this may be useful...JL

*******************************************************************************
    
1.  This Conference is unrestricted and therefore we can not discuss 
    Unannounced product or comment openly on our future plans.  People 
    requesting information which requires detailed disclosure will be 
    contacted off-line.  This conference and all the material contained 
    herein is:

                  +----------------------------------+
                  |                                  |
                  |  FOR DIGITAL INTERNAL USE ONLY   |
                  |                                  |
                  +----------------------------------+


2.  The exception to the above guideline are quotes from External 
    publications such as newspapers or Magazines.  Quotes from Digital 
    publications such as brochures or manuals may also be reproduced.  
    Press Releases may also be copied.

3.  The company policy is that competitive information is to be treated 
    with the same confidentiality as details of our own products.  Rumors
    are to be 'attributed' to something in the public press and must
    be so annotated.  Speculation and willful intent is to be discouraged.

4.  Along those lines, details or discussions of unannounced products or 
    projects is PROHIBITED.  The moderator(s) should reserve the right to 
    delete or Set Note Hidden any specific references of this type.  The 
    offending author should be notified by VAXmail of the infraction. 

5.  Standard rules of VAXnotes etiquette should be observed.  Those 
    unfamiliar should consult the HUMAN::ETIQUETTE conference.

6.  NOTES are considered Corporate documents as can be admissible in
    a court of law.
    
    The contents of the following memo from Cary Armistead are particularly
    relevant to this conference.  Please take a moment to read this
    memo carefully, and follow its guidelines when writing notes here
    or anywhere else.  The moderators should tend to err on the side of
    caution when contemplating the appropriateness of notes in this
    conference.
    					


I n t e r o f f i c e    M e m o r a n d u m


To: GEORGE CHAMBERLAIN                  Memo: 5347246525COR92
                                        Date: Wed 27 May 1987  8:44 AM EDT
                                        From: CARY ARMISTEAD
cc: MARIETTA ETHIER                     Dept: LAW
    TOM SIEKMAN                         Tel:  223-3980
                                        Adr:  MSO/M6 (DECMAIL @MSO)

Subject: Employee Statements as Evidence of Corporate Intent


This memo expands on some of the points made during my recent
presentation to the Finance Staff. 
        
Intent Counts -- 
        
The pending patent and antitrust litigation has created a need to
reissue an important message - DIGITAL'S INTENT CAN BE AN ISSUE IN
LEGAL CHALLENGES TO ITS BUSINESS CONDUCT AND MAY BE PROVED FROM
STATEMENTS IN DOCUMENTS WRITTEN BY EMPLOYEES. 

Under antitrust law proof of corporate intent may be a critical
element of a plaintiff's claim.  In some cases intent is all that
separates appropriate, vigorous competitive activity from predatory
conduct that may subject a company to significant liability. 
        
Internal Documents are Discoverable -- 

Some employees do not appreciate that documents marked "Company
Confidential" or "Internal Use" are not immune from discovery in
litigation and, therefore, may become available to our adversaries.
Nearly every document that our employees create can be admitted into
evidence at a trial.  It is, therefore, very important that everyone
takes care to avoid inaccurate, misleading, speculative or overzealous
statements in what they write. 

Areas of Concern -- 
        
Inaccurate statements about the intent of Digital's selective
distribution and licensing programs present one immediate area of
concern.  These programs have been examined closely.  They have strong
pro-competitive aspects and are legally appropriate and defensible.
However, if they are challenged, any uninformed, inaccurate
speculation by employees about the reasons for Digital's practices
might jeopardize our position and would undoubtedly increase the cost
of any defense. 

Aggressive comments capable of being misconstrued to suggest an
anticompetitive intent or the potential for an adverse affect on
competition sometimes appear in memoranda and presentation materials
proposing new products, promotional campaigns or distribution
practices.  Negative statements like "this program will make it
impossible for competitor x to compete" or "the attached proposal will
lock out x and y" are quite troublesome.  Invariably, more positive
alternative statements, in terms of product acceptance, technological
advantage and customer satisfaction, would more accurately convey the
message without the potential risk of later use by an adversary in an
attempt to prove predatory intent. 

The degree to which a company has "economic" or "monopoly" power in a
"relevant market" is often an issue in antitrust litigation.  The
existence of market power depends upon how the "relevant market" is
defined.  The word market has no precise definition and is used in a
wide variety of contexts.  Its use in business documents rarely
creates a problem, but should be avoided when referring to Digital's
customer base.  Documents inaccurately suggesting that Digital is
"dominant" or actually has economic "power" in a market segment are
clearly troublesome. 

Some General Guidelines for Drafting -- 
        
  o  Be accurate and avoid speculation or exaggeration. 
        
  o  Accentuate the positive aspects of programs, technologies and
     products for customers and avoid speculation about their potential
     negative impact on competitors. 
        
  o  Avoid statements that could be misconstrued to suggest an intent
     to "control", "dominate" or "monopolize" a customer or market. 
        
  o  Avoid statements that could be argued to suggest an intent to
     "lock out", "drive out" or "eliminate" competitors or "raise barriers"
     to competition. 
     
  o  Remember that any document relevant to an issue in litigation may 
     be produced to the opposition and used at trial.
        
It is difficult to assure that every employee will remain constantly
aware of the dangers of inaccurate, overly aggressive or ill-chosen
statements.  The topic has been included in a wide variety of Law
Department training modules and guides, and I understand that Marietta
Ethier will be addressing the subject further at an upcoming Finance
Staff meeting.  As education on the subject of inappropriate
statements in Company documents is a continuing effort, you should
feel free to circulate this memorandum broadly. 
        

    
    The system hosting this notes file (FACT01) will be moving from Easynet
    Area 35 to area 45 in the next few weeks. When this occurs you will
    have to get your system manager to update your DECnet database. I'll
    post more information as we get closer.
    
    			-George Sheehy
    			 AEtna team.
    
    			 X-System Manager FACT01
    			 Current Systems manager is Linda (FACT01::)Parker.