Publication: Lexology

First reported 16 hours ago - Updated 8 hours ago - 2 reports

Top three tips for Bodies Corporate dealing with building defects

In the last 5 years, Queensland has experienced unprecedented construction and development – particularly in the area of high-rise apartments and community titles schemes. Unfortunately, not all buildings are created equal, and many Bodies Corporate have ... [Published Lexology - 8 hours ago]
First reported 12 hours ago - Updated 8 hours ago - 2 reports

The Personal Property Securities Act - interim review

An interim report on the operation of the Personal Property Securities Act 2009 was released last month to address the impact of the Act on small businesses and any priority action, including legislative amendments, that should be considered by the Government. ... [Published Lexology - 8 hours ago]
First reported Sep 30 2014 - Updated 9 hours ago - 2 reports

Post-verdict claim construction allowable

In , Appeal Nos. 2012-1679, 2013-1123, the Federal Circuit affirmed a district court’s JMOL in light of a post-trial claim construction.Mformation sued RIM for patent infringement. After the jury returned an infringement verdict of $147.2 million in favor ... [Published Lexology - 12 hours ago]
First reported 15 hours ago - Updated 12 hours ago - 2 reports

CFPB proposes new rule expanding oversight to nonbank auto finance companies

In a move that should come as no surprise to anyone who has been following the Consumer Financial Protection Bureau (CFPB), the agency issued a proposed rule last week that would expand its oversight, supervision and enforcement jurisdiction to include ... [Published Lexology - 12 hours ago]
First reported 14 hours ago - Updated 12 hours ago - 2 reports

Bribes and undisclosed commissions to agents: supreme clarity

IntroductionFactsIssueDecisionIntroductionIn late July 2014 the Supreme Court of England and Wales handed down a succinct judgment on a topic which, while narrow, is of considerable importance in its sphere. FHR European Ventures LLP v Cedar Capital Partners ... [Published Lexology - 12 hours ago]
Entities: Claimant, Bribery, Cedar
First reported 15 hours ago - Updated 13 hours ago - 2 reports

What you need to know about corporate inversions

It seems like every day brings news of another possible corporate inversion transaction. The news reports usually describe these transactions as another United States corporation moving or relocating outside of the country. While the management of the ... [Published Lexology - 13 hours ago]
First reported Sep 30 2014 - Updated 14 hours ago - 3 reports

Advocate General of the CJEU: stem cells from parthenotes are patentable

A discussion of the recent opinion of the Advocate General of the Court of Justice of the European Union (CJEU) in the stem cell case C-364/13. Advocate General of the CJEU: Stem cells from parthenotes are patentableAgainst the backdrop of an increasingly ... [Published Lexology - 14 hours ago]
Entities: Embryo, Stem Cell, Patent
First reported 22 hours ago - Updated 19 hours ago - 2 reports

Not getting what iWantBay

)In this case eBay opposed the registration of the following mark:Click here to view the image.in respect of class 35 retailing of goods by any means.The Delegate’s decision was made under section 60 that the mark was deceptively similar to a mark that ... [Published Lexology - 19 hours ago]
First reported 22 hours ago - Updated 21 hours ago - 2 reports

Apple-Teaser

SABMILLER INTERNATIONAL B.V. V TOPFLIGHT HOLDINGS PTY LTD. [2014] ATMO 50Topflight Holdings Pty Ltd filed a trade mark application covering fruit based foods and the serving of the same in Classes 29, 30, 32 and 43 for the below mark.Click here to view ... [Published Lexology - 21 hours ago]
First reported Sep 29 2014 - Updated 23 hours ago - 2 reports

District of Columbia restricts employer inquiries into applicant criminal history with new "ban the box" law

, the Council of the District of Columbia joined several states and numerous local jurisdictions in enacting “ban the box” legislation, restricting employers’ ability to inquire into a job applicant’s criminal history. The District’s legislation — titled ... [Published Lexology - 23 hours ago]
First reported Sep 30 2014 - Updated Sep 30 2014 - 2 reports

Data analytics and use restrictions (part 1): overview

Companies’ use of data analytics is booming, with businesses seeking to leverage large amounts of raw data to analyze trends, make decisions, and enhance products, services, and marketing opportunities. However, when analyzing this raw data, companies ... [Published Lexology - Sep 30 2014]
First reported Sep 29 2014 - Updated Sep 30 2014 - 3 reports

IRS and Department of the Treasury Notice limits inversion transactions

, the United States Department of the Treasury and the Internal Revenue Service issued a Notice (Notice 2014-52) that limit "inversion" transactions and their potential tax benefits. In general, an inversion is a transaction in which a U.S. corporation ... [Published Lexology - Sep 30 2014]

Quotes

...The High Court in that case noted that the Information Commissioner’s guidance states: "although this may give the impression that an individual can simply demand that an organisation stops processing personal data about them, or stops processing it in a particular way, the right is often overstated. In practice, it is much more limited."
...notice as a result of his fiduciary position, or pursuant to an opportunity which results from his fiduciary position, the equitable rule ("the Rule ") is that he is to be treated as having acquired the benefit on behalf of his principal, so that it is beneficially owned by the principal. In such cases, the principal has a proprietary remedy in addition to his personal remedy against the agent, and the principal can elect between the two remedies..."
...The Ninth Circuit held that Plaintiffs' "failure to report" theory could state a "parallel" claim because it "specifically alleges, as a violation of Arizona law, a failure to warn the FDA [and that] Arizona law contemplates a warning to a third party such as the FDA." Id. at 1233...

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California continues to regulate privacy and ad... [Published Lexology - 1 hour ago]
Environmental group calls for tighter regulatio... [Published Lexology - 1 hour ago]
References: damned if you do and damned if you ... [Published Lexology - 2 hours ago]
Federal Circuit opens the door to transferring ... [Published Lexology - 3 hours ago]
DOJ to increase criminal fraud probes [Published Lexology - 4 hours ago]
Major changes afoot to calculating the PPF levy [Published Lexology - 5 hours ago]
Recovering overpayments: watch out for the pitf... [Published Lexology - 6 hours ago]
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FTC sends warning letters to major advertisers ... [Published Lexology - 7 hours ago]
Chain of responsibility: heavy penalties impose... [Published Lexology - 7 hours ago]
OFAC expands narcotics sanctions on La Oficina [Published Lexology - 7 hours ago]
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Trademark disclaimers – use these words with ca... [Published Lexology - 8 hours ago]
Major works charges cap for leaseholders of soc... [Published Lexology - 8 hours ago]
When the “discovery rule” is irrelevant [Published Lexology - 8 hours ago]
Top three tips for Bodies Corporate dealing wit... [Published Lexology - 8 hours ago]
Sports leagues oppose NJ's latest sports bettin... [Published Lexology - 8 hours ago]
Character merchandising in India – part one [Published Lexology - 8 hours ago]
Pension liberation: a fresh sting [Published Lexology - 8 hours ago]
Proposed changes to the Weights and Measures Re... [Published Lexology - 8 hours ago]
Can RMS suspend a driver for a single non-negat... [Published Lexology - 8 hours ago]
Applying trust assets against liquidators’ remu... [Published Lexology - 8 hours ago]
Gambling Commission publishes analysis of local... [Published Lexology - 8 hours ago]
Medical information worth 10x more than credit ... [Published Lexology - 8 hours ago]
PPSA – a $50 million mistake – can you afford n... [Published Lexology - 8 hours ago]
The NTC backs increased HVNL penalties – what a... [Published Lexology - 8 hours ago]
The Personal Property Securities Act - interim ... [Published Lexology - 8 hours ago]
Federal Court of Australia upholds landmark cro... [Published Lexology - 9 hours ago]
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