Mondaq Latest Added Articles

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Mountaineers knee – object lesson in negligence law 
Chapman Tripp

The negligence claimant must also show that the loss suffered was within the scope of the defendant's duty.
Changes to the 457 Visa scheme 
Coleman Greig Lawyers

The 457 visa scheme will be abolished and replaced by a new Temporary Skill Shortage (TSS) visa by March 2018.
Update on the changes affecting enduring powers of attorney  
Cavell Leitch

All enduring powers of attorney will now be on new forms; a change which is intended to make the process simpler.
Review of Property (Relationships) Act 1976 
Cavell Leitch

The Review is interested in how the Act is operating and in the impact it has on the interests of parties and children.
No pressure! Financial difficulties alone will not establish duress 
Corrs Chambers Westgarth

Financial difficulties alone will not establish that a loan contract or a settlement deed was entered into under duress.
Restructuring? Top tips to ensure you stay on the right side of the law. 
Cavell Leitch

Employers who get restructures and resulting redundancies wrong can face significant penalties and awards against them.
Cartel conduct – not such a foreign concept for Australian franchisors 
Norton Rose Fulbright Australia

Franchisors must understand the term to ensure that they do not engage in any conduct that may constitute cartel conduct.
What is the role of the franchisor in franchisee workplace compliance? 
Norton Rose Fulbright Australia

Franchisors may soon be expected to take an enhanced role in ensuring workplace law compliance in franchise networks.
What are the competition implications of digital disruption? 
Norton Rose Fulbright Australia

This article provides a summary of the types of competition issues arising and some useful background and context.
An insured by any other name does not smell as sweet 
Norton Rose Fulbright Australia

ICA section 45 will only render an "other insurance" clause void if the insured is a contracting party to both policies.
Would you like insurance with that? ASIC dishes up advice on add-on insurance 
Norton Rose Fulbright Australia

Following a review of add-on general insurance products sold through car dealers, ASIC identified a number of concerns.
The 30-year AOFM bond – possible implications for bond funding for infrastructure and green projects 
Norton Rose Fulbright Australia

Sponsors and market participants in infrastructure projects have been looking for other funding options and structures.
Franchisors exposed under new Queensland environmental law 
Norton Rose Fulbright Australia

Amendments have widened the scope of persons who may be liable for compliance with an environmental protection order.
But you said! - Considering pre-contractual representations 
Norton Rose Fulbright Australia

Diligent risk management by a franchisor before the franchise agreement can defeat subsequent claims by the franchisee.
Tax time! New tax laws for franchisors to keep in mind 
Norton Rose Fulbright Australia

This article considers some of the recent tax changes that are likely to impact on franchisors and their networks.
Franchisee fraud – A refresher and a non-monetary perspective  
Norton Rose Fulbright Australia

Franchisors need to remain constantly vigilant but cautious when monitoring Franchisees' conduct for evidence of fraud.
New telco infrastructure laws 
Holding Redlich

The Government has recently consulted on legislation to implement a range of reforms in the telecommunications sector.
Australian Consumer Law review: Final report imminent 
Holding Redlich

The Government's response to this report into the ACL may have wide ranging implications in the communications sector.
Productivity Commission - final report into intellectual property: A Christmas gift for the communications industry? 
Holding Redlich

The report makes a number of recommendations in relation to copyright, an important asset to the communications sector.
New developments in the Australian communications industry 
Holding Redlich

A number of further communications regulatory changes are likely to occur or be considered by the Government in 2017.
Notifying customers of serious data breaches: No longer voluntary 
Holding Redlich

Entities subject to the new regime have time to make any changes to their existing procedures to ensure compliance.
Compliance activity in relation to broadband speed claims: On the ACCC agenda 
Holding Redlich

An area of ACCC focus to protect consumers is the broadband performance and speed claims by internet service providers.
ACCC to monitor broadband speeds  
Holding Redlich

The ACCC will be able to use the data to assess whether advertising claims of the speeds of these services are accurate.
Changes to telephone numbering management and other red tape reform in the communications sector  
Holding Redlich

Key provisions allow the telecommunications industry to develop a new scheme for the management of telephone numbers.
Interim order in the Fair Work Commission anti-bullying jurisdiction stalls a workplace investigation into employee misconduct  
Holding Redlich

The case demonstrates FWC powers to intervene in workplace investigations while a stop-bullying application is on foot.
CoR enforcement and the death of an innocent man 
Holding Redlich

These cases highlight the importance of CoR laws, but they also suggest that the law is not being applied consistently.
Superannuation, funds management & financial services news – 19 April 2017 
Holding Redlich

News from the finance sector.
Family business succession: When to pass control? Watch out for tax and duty traps.  
Holding Redlich

When should control of a family business be passed to the next generation, without risking valuable assets?
Property & real estate news – 19 April 2017 
Holding Redlich

News on property and real estate issues.
NSW Government Bulletin – 19 April 2017  
Holding Redlich

Update on NSW legal issues.
Queensland Government Bulletin – 19 April 2017  
Holding Redlich

Update on Queensland legal issues.
Reforms to employer sponsored visas - what you need to know 
McCullough Robertson

Reforms have been implemented to both temporary and permanent working visas, with further changes to be rolled out.
High Court wont hear case on IP licences surviving the end of the contract 
Clayton Utz

If you're negotiating a contract with an IP licence, think about what happens to the licence once the contract ends.
Part 2 - Smart contracts, blockchain and distributed ledger technology: implications for business 
Duncan Cotterill

We discuss some of the risks and challenges posed by smart contracts, blockchain and DLT.
Full Federal Court confirms that the act of applying for PBS listing is not an offer to supply a pharmaceutical product  

Making an application for listing of a patented pharmaceutical product on the PBS would not infringe the patent.
Supreme Court To Decide Applicable Tolling Rule For The Securities Act's Statute Of Repose 
Arnold & Porter Kaye Scholer LLP

The United States Supreme Court is set to decide later this term an important but technical decision concerning the time in which a plaintiff may bring a private securities claim under Section 11 of the Securities Act of 1933.
FCC Considering Removing Some Regulations On Business Data Services Industry 
Womble Carlyle

The FCC may be on the verge of relaxing regulations on business data services, including how much they can charge customers. A vote is scheduled for April 19 on a deregulation plan that has been in the works for more than a decade.
Protect Against Patent Suits Before You Buy 
Jackson Walker LLP

Defending against a patent infringement lawsuit can be an expensive and frustrating experience. Patent litigation is complex and often requires attorneys who are not only well-versed in the intricacies of patent law but ...
Need ‘SoftPatents' for Software Inventions 

At the outset, I would take this opportunity to congratulate the Indian Patent Office for coming up with the guidelines for 'Computer Related Inventions (CRI).
Sayenko Kharenko Successfully Represented Ukrainian Insurance Group In The Supreme Commercial Court Of Ukraine 
Sayenko Kharenko

Sayenko Kharenko's litigation team has successfully represented PJSC "Insurance Company "Ukrainian Insurance Group" in the Supreme Commercial Court of Ukraine concerning UAH 5.3 million insurance indemnity collection dispute.
Sayenko Kharenko – Legal Counsel To Electronic Arts On Prize Promotion Issues 
Sayenko Kharenko

Sayenko Kharenko acted as legal counsel of Electronic Arts, an American video game company, in relation to prize promotion issues.
Sayenko Kharenko Advised The EBRD On Effective Legal Framework For Procurement Of Energy Service In Ukraine 
Sayenko Kharenko

Sayenko Kharenko advised the EBRD on the development of a draft law No. 4549 "On Amending the Law of Ukraine "On the Introduction of New Investment Opportunities, Guaranteeing the Rights and Legal Interests of Business Entities for Largescale Energy Modernization" ..
Employment Status and the Gig Economy – it's not just employees that are entitled to employment rights 

Good charities need good people. Those people are often volunteers, trustees, employees, advisers, and everyone in between. But what rights, if any, do they have?
EDLA Rejects Preemption Of Drug Design Defect Claim 
Reed Smith

Just yesterday we made the following observation: a design defect claim is often a make-weight claim.
Reimbursement Of Prior Expenditures With Bond Proceeds-Final Reimbursement Bond Regulations 
Smith Gambrell & Russell LLP

The Internal Revenue Service has revised its regulations concerning the use of tax-exempt financing to reimburse expenditures made prior to the date of the financing.
Federal Government's 2017 Budget Bill Will Amend Review Thresholds And Public Reporting Obligations Under The Investment Canada Act 
Borden Ladner Gervais LLP

The Canadian federal government's budget implementation legislation for 2017 includes amendments to the Investment Canada Act that will be of interest to any non-Canadian wishing to acquire control of a Canadian business.
Germany's Approach Against Criminal Content On Social Networks Faces Resistance By Stakeholders 
Reed Smith (Worldwide)

On 5 April 2017, the German Federal Minister of Justice's new bill aimed at improving enforcement of rights in social networks (Entwurf eines Gesetzes zur Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken; Netzwerkdurchsetzungsgesetz – NetzDG, the Bill; see our previous blog) has, in a slightly revised version, been adopted by the Federal Cabinet (Bundeskabinett) and is now ready for discussion by the German Parliament.
Overcoming The Weakness In A Summary Judgment Decision On Appeal 
Wilson Elser Moskowitz Edelman & Dicker LLP

Melissa Murphy-Petros, Judy Selmeci and Michael O'Malley tackle the potential problems on appeal in "Overcoming the Weakness in a Summary Judgment Decision on Appeal" in the April 10, 2017, issue of the New York Law Journal.
Indemnities – Beware The Consequences Of "Reasonableness" 
Reed Smith (Worldwide)

The provision of indemnities, particularly those provided to corporate trustees and agents, is an important feature of an effectively functioning structured finance market.
DOL Finalizes 60-Day Delay Of ‘Fiduciary Rule' 
Shearman & Sterling LLP

On April 4, 2017, the Department of Labor issued a final rule delaying the applicability date of its "fiduciary rule" and related exemptions to June 9, 2017.
Federal Environmental Assessment – What's Next – A Tiered Approach  
Lawson Lundell LLP

This is the most recent blog in a series of posts which discuss the proposed recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of the Environmental Assessment Processes (the "Report"), released April 5, 2017.
Member Proposals That Are "Personal Grievances": Guidance From The For-Profit Sector 
Borden Ladner Gervais LLP

Although members of non-share capital corporations have a right to submit and discuss a "proposal" at a meeting of members under the federal Canada Not-for-Profit Corporations Act ("CNCA") and will soon have such a right under Ontario's not-yet-in-force Not-for-Profit Corporations Act, 2010 ("ONCA"), the recent decision of the Ontario Superior Court of Justice (the "Court") in Koh v. Ellipsiz Communications Ltd. is a useful reminder to boards of directors that this right is not unlimited
State Incentives Provided To Companies May Be Subject To International Trade Requirements 
Grant Thornton LLP

A recent determination by the World Trade Organization (WTO) serves as a reminder that incentives that states provide to attract businesses are subject to potentially restrictive international trade requirements.
SEC's Investor Advisory Committee Airs Concerns Over Multi-Tiered Offerings Following Snap's IPO 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Snap Inc., which debuted on the New York Stock Exchange (NYSE) on March 2nd, was the largest tech IPO since Alibaba went public in 2014.
USCIS Reveals H-1B Cap Submission Numbers & President Trump Signs A New Executive Order 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

USCIS revealed that it has now completed the random selection of the 85,000 petitions for the quota and that in total, the agency received 199,000 H-1B cap-subject submissions.
The Health Care Minibus 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Welcome to Spring Break! That time of the year where college kids head to a beach somewhere, families pack up for some tourist trap to spend lots of money, and Congress gets out of DC and goes back home.
Court Of Appeal Dismisses Appeal For Different Reasons And Provides Review Of The Obvious To Try Test (Intellectual Property Weekly Abstracts Bulletin — Week Of April 17, 2017) 
Borden Ladner Gervais LLP

The Court of Appeal dismissed Bristol-Myers Squibb's appeal from the Trial Judge's decision refusing its application for a writ of prohibition on the basis that Teva's allegation of invalidity for obviousness was justified.
How To Enforce U.S. Security Interests In Trademarks 
Herrick, Feinstein LLP

As the economic worth of successful brands keeps soaring, the ability to leverage trademark assets is becoming more important for companies seeking financing to support growth and cover cash flow shortfalls for operating expenses
Turns Out: Alice Is A Wonderland For Sports Fans And Digital Content Distributors….Go ALICE!!!! 
Lewis Roca Rothgerber Christie LLP

In November of 2016, the Federal Circuit upheld a district court's invalidation of Affinity Lab's Patent No. 7,970,379 ("the ‘379 Patent), which was directed to a method and system for streaming regional broadcast signals to cellular telephones located outside the region served by the regional broadcaster.
DOL Fiduciary Rule Delayed, But At Least Parts Might Be Here To Stay 
Proskauer Rose LLP

On April 4, 2017, the U.S. Department of Labor issued a final rule postponing applicability of the conflict of interest rule and related exemptions for sixty days, until June 9, 2017.
Ninth Circuit: Medical Providers Lack ERISA Standing 
Proskauer Rose LLP

The Ninth Circuit affirmed two district court decisions that concluded medical providers were not "beneficiaries" under Section 502(a) of ERISA and therefore lacked standing to bring an ERISA claim.
NFA Advises Firms To Revise AML/CFT Programs To Reflect FATF Updates 
Cadwalader, Wickersham & Taft LLP

The NFA advised futures commission merchants and independent brokers that they should revise their anti-money laundering programs to reflect the most current information on jurisdictions identified by the Financial Action Task Force ("FATF").
"You Gotta Have (Good) Faith" ... Terminating Without Notice During The Probationary Period 
Stewart McKelvey

A recent decision from the Supreme Court of British Columbia, Ly v. British Columbia (Interior Health Authority) 2017 BCSC 42, provides helpful clarification of the law on termination of probationary employees on the basis of "suitability" and sends a cautionary note about the importance of fair and objective assessments during probationary periods.
FINRA Reminds Firms About TRACE Reporting On Treasuries 
Cadwalader, Wickersham & Taft LLP

FINRA issued a reminder that, beginning July 10, 2017, firms will be required to report transactions executed in U.S. Treasuries to TRACE.
IRS Issues Temporary Enforcement Policy In Line With DOL FAB 2017-01 
Proskauer Rose LLP

The IRS announced that it is providing relief from excise taxes under Code § 4975 that conforms to the DOL's temporary enforcement policy described in FAB 2017-01.
SALT Outlook, Trends And Predictions For 2017 
Grant Thornton LLP

Grant Thornton's 2017 Outlook, Trends and Predictions Alert focuses on how we believed 2016 would unfold from a SALT perspective, and how these predictions lined up with what actually happened.
Municipality Liable For Failing To Ensure Visitor Was Reasonably Safe In Municipal Public Park 
Stewart McKelvey

The Supreme Court of Canada recently declined to hear an appeal from the Ontario Court of Appeal decision in Campbell v Bruce (County), 2016 ONCA 371.
President Trump Signs Buy American And Hire American Executive Order 

Yesterday President Trump signed an important executive order promoting "Buy American" and "Hire American" policies.
What Can We Infer When Justice Burke Asks The First Question In A Criminal Case? 
Sedgwick LLP

Yesterday, we reviewed the data on Justice Burke's question patterns in criminal cases. Today, we ask a related question:
Patent Infringement For Listing On eBay?  
Field LLP

A patent owner notices that knock-off products are listed for sale on eBay.
Michael Jordan: "Qiao Dan" Is Me! Michael Jordan's Trademark Fight In China Over His Name Rights 
Mayer Brown JSM

Michael Jordan, the legendary NBA star, has finally established his rights in his Chinese name after 5 years of intensive administrative and appeal proceedings in China.
Trumping Labor  
Wilson Elser Moskowitz Edelman & Dicker LLP

Dean Rocco (Partner-Los Angeles) is the author of "Trumping Labor," an article on the Trump Administration's changes in employment law and those in the works.
Salaire Déterminant Ou Dividende Exonéré De Charges Sociales? 
Bar & Karrer

Après les arrêts abondamment discutés du Tribunal fédéral 9C_837/2014 du 8 avril 2015 et 141 V 634 du 3 décembre 2015 sur la délimitation entre salaire déterminant et dividende exonéré de charges sociales
Damages For Minor Injuries In Nova Scotia: A New Case On The New Cap 
Stewart McKelvey

Damages for pain and suffering are capped for Nova Scotians who are injured in motor vehicle accidents if their injuries are considered "minor."
Compliance Officer Liability: Between A Rock And A Hard Place? 

In recent years, a perception has developed that compliance officers have personally become more exposed to regulatory and government enforcement action.
The Cambridge Handbook Of Antitrust, Intellectual Property, And High Tech 

WilmerHale Partners Leon Greenfield and Mark Ford authored the chapter "Walker Process and Sham Litigation" in The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech.
Timing Is Everything: NY Commercial Division Updates Rule On Trial Length 
Proskauer Rose LLP

On March 27, 2017, the Commercial Division of the New York Supreme Courts updated its rule on trial length, giving judges the express authorization to impose time limits, at their discretion, on different phases of trial.
Massgebender Lohn Oder Sozialabgabefreie Dividende? 
Bar & Karrer

Nach den viel diskutierten Bundesgerichtsentscheiden 9C_837/2014 vom 8.4.2015 und BGE 141 V 634 vom 3.12.2015 zur Abgrenzung zwischen massgebendem Lohn und sozialabgabefreier Dividende hat das Bundesamt für Sozialversicherung (BSV) in seinem Nachtrag 9
Alberta Employers Cannot Use the LMIA for High-Wage Occupations  
Green and Spiegel LLP

April 20, 2017- The province of Alberta and the federal government have teamed up to create a job program to encourage companies to hire Alberta skilled workers ahead of any foreign workers in 29 high wage jobs.
Third Circuit Revives In-House Attorney's Whistleblower Claim 
Proskauer Rose LLP

On April 12, 2017, the Third Circuit partially revived a former in-house attorney's whistleblower retaliation lawsuit against his previous employer.
Appellate Court Upholds City Of San Diego's Pension Reform Measure Against Unfair Labor Practices Charge  
Reed Smith

In City of San Diego v. Public Employee Relations Board (April 11, 2017), the Fourth District Court of Appeal considered an unfair labor practices challenge brought by unions against the city of San Diego under the state's Meyers-Milias-Brown Act.
WDNY Holds That Tysabri Warnings Are Adequate As Matter Of Law And That Product Liability Claims Are Preempted 
Reed Smith

However a drug/device product liability is styled, it will almost always be focused on a claim of failure to warn.
USCIS To Issue Redesigned Green Cards and Employment Authorization Documents  
Green and Spiegel LLP

U.S. Citizenship and Immigration Services announced yesterday a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project.
Evaluating FCPA Pilot Program: Lessons And Expectations 

On April 5, 2016, the U.S. Department of Justice released a nine-page memorandum launching a one-year pilot program to reward companies that voluntarily self-report violations of the Foreign Corrupt Practices Act.
New Judgment In Data Scraping Dispute Could Impact Hedge Fund Managers 
Proskauer Rose LLP

Below is a summary of a recent development that may be of interest from our Technology, Media & Telecommunications (TMT) practice Group.
Dutch Court Rules In Standard Essential Patent Abuse Of Dominance Claim 
McDermott Will & Emery

The Hague District Court in the Netherlands rejected a claim brought by smartphone maker Archos alleging that Philips had abused its dominant position during negotiations concerning licenses on FRAND terms for SEPs.
Calling All Small Claims: British Columbia's Civil Resolution Tribunal Looks To Take On Low-Value Small Claims Disputes  
McMillan LLP

The Civil Resolution Tribunal (the "CRT") is a unique online forum to address disputes in British Columbia. The CRT first began hearing strata disputes in July 2016 and is now poised to implement its second phase by introducing small claims disputes up to $5,000 beginning on June 1, 2017.
Patent Holder Sues CBS And iHeart Over Digital Audio Signal Transmission Systems 
Womble Carlyle

On Friday, April 14, 2017, Digital Stream IP, LLC filed two separate complaints in federal court in the Eastern District of Texas against CBS Radio Inc. and iHeartMedia, Inc., alleging infringement of U.S. Patent No. 6,757,913.
Co-Pending Litigation Is Not Sufficient Basis To Deny Transfer Motion 
McDermott Will & Emery

Addressing jurisdictional transfer issues in a divided opinion, the US Court of Appeals for the Federal Circuit granted the extraordinary relief of issuing a mandamus order to transfer a patent infringement case.
Taxpayer Ineligible To Use The Completed Contract Method, Court Rules 
Grant Thornton LLP

In Basic Engineering v. Commissioner, T.C Memo 2017-26 (Feb. 1, 2017), the Tax Court ruled that an engineering company was ineligible to use the completed contract method and was liable for an accuracy-related penalty.
Structurally And Functionally Related Excipient Not Within Asserted Claim's Markush Group 
McDermott Will & Emery

The US Court of Appeals for the Federal Circuit reversed a district court's judgment of infringement, finding that the accused product contained an excipient not within the asserted claim's closed Markush group.
Counsel To Counsel: A Law Firm GC's Data Protection Duties 

Many law firms now have a designated general counsel, or a group of counsel, tasked with managing myriad legal matters for the firm. What are some top-of-mind priorities for these GCs today as they strive to keep their firms out of legal trouble?
Seyfarth's Middle-Market M&A SurveyBook featured In Deal Lawyers 
Seyfarth Shaw LLP

Seyfarth's Middle-Market M&A SurveyBook was featured in "Survey: Middle-Market Private Deal Terms," an April 7 story from Deal Lawyers.
Guidance In Connection With Country-By-Country Reporting Issued 
Wolf Theiss

The Austrian Ministry of Finance recently answered questions in areas of doubt regarding the procedure of country-by-country reporting (CbCR).
Ruling On Cross-Border Personnel Leasing Published 
Wolf Theiss

Under double tax treaties that follow the OECD Model Convention, the remuneration for posted employees may be taxed both in the state of residence and in the state in which the employment is exercised.
What Can We Infer From Justice Burke's Questioning Patterns In Criminal Cases (Part 1)? 
Sedgwick LLP

Last week, we began our review of the individual Justices' patterns in oral arguments, reviewing the data on Justice Anne M. Burke's questioning in civil cases from 2008 to 2016.
Federal Environmental Assessment – What's Next – Stages Of Project Impact Assessment 
Lawson Lundell LLP

This is the most recent in a series of posts which discuss the proposed recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.
How To Use (And Not To Use) Your Trade Mark 
Gill Jennings & Every

Once your trade mark is registered, you can use the ® symbol. It is not a requirement to use this symbol, but it can work as a useful deterrent as it flags to third parties that there is a risk of being sued for infringement if they use the same or a similar mark.
Pharma In Brief - Federal Court Comments On The Admissibility Of 'But For' World S. 8 Evidence And Rejects Generic Pipefill Claim 
Norton Rose Fulbright Canada LLP

The Federal Court established the parameters to calculate Teva Canada Limited's damages for being delayed from entering the olanzapine market, clarified evidentiary issues on fact witnesses and hearsay...
Effective Insurance Recovery Lawyers And The Importance Of Brevity - Video 
Miller Friel

In today's blog post, Miller Friel attorney Kimberly Wehle wraps up her four-part series: Four Tips for Advocating Insurance Coverage Disputes.

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