Knight incident highlights software risks

Summary: Software glitch which led to US$440 million losses highlights need for software contracts need to be drafted carefully.

The tremendous power of software was illustrated last week at Knight Trading. A software upgrade for the NYSE company's financial trading system introduced an algorithm from an old program that produced erratic trading behaviour, causing US$440 million losses in just 45 minutes.

That amounted to over US$10 million lost for every minute and brought the company to its knees. Just imagine, in the time most of us take for lunch, a respected company with 1,400 employees, plunged into crisis. 

Although it asked the SEC to cancel the trades, the SEC took the stance that the trades would stand.

Tech lawyers read cases about the tremendous amount of financial loss poor software can cause (one of the key cases involved billing software created for a municipal water supplier) and we are reminded that software contracts need to be drafted carefully and software testing can never be compromised. 

Topic: Legal

About

Called to the Singapore and English Bars, Bryan Tan has practised in two of Singapore's largest law firms and an international law firm. Bryan led many industry firsts including the first mass e-mail defamation case in the world, Singapore's first publicised telecoms competition dispute, a pan-Asian co-branded travel portal, the first privately-funded cable landing project in Singapore and the world's first registrar-level domain name dispute.
His areas of practice include IT, telecommunications, biotechnology and bioinformatics, Chinese intellectual property, entertainment law and corporate work. He is also an author of Halsbury's Laws of Malaysia: E-Commerce. He also co-wrote the Singapore chapter of 'Digital Evidence' with Prof. Daniel Seng and is writing Halsbury's Laws of Singapore: E-Commerce.

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