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The intersection of data and ethics in AI
Insight 08 Dec 2019

We are currently at a fascinating time in Australia, where the data space has seen an enormous amount of new regulation over the last few years and faces significant potential regulation on the horizon. The likely impact of these changes on the way in which we deal with data and, in turn, the way in which we might deal with ethics raises a number of compelling (and complicated) questions - particularly as they relate to AI. Technology, Media & Telecommunications Partner Michael Park sat down with Dr Maria Rosario Todao, Deputy Director of the Digital Ethics Lab at Oxford University, to discuss the intersection of these themes and the emerging trends around the world. ...

Dealing with data: emerging trends in M&A transactions
Insight 27 Nov 2019

Data remains one of the most undervalued assets, with most companies still failing to even include it as an asset on their balance sheet. Buyers and sellers who can recognise data assets and properly demonstrate how value can be extracted from them will be best placed for future M&A transactions. ...

Employer's attempt to dismiss controversial employee costs $1.2 million in compensation
Insight 20 Nov 2019

The Federal Circuit Court of Australia awarded a professor more than $1.2 million after his employer, a university, used 'cherry-picked' parts of his writings to justify his dismissal. ...

Inherent or relevant: changes in assessing job applicants with criminal records
Insight 20 Nov 2019

The federal law test to assess job applicants with criminal records has changed. It's no longer necessary to show that the criminal record means an applicant is unable to perform the 'inherent requirements' of their role – the question is whether the criminal record is 'relevant' to the role. ...

New superannuation opt-out for high income earners
Insight 20 Nov 2019

From 1 January 2020, individuals who have more than one job may be able to opt out of receiving super contributions from all of their employers. ...

Furniture retailers punished for 'was/now' pricing claims; Mazda faces allegations of consumer law failings; and location data under the lens in ACCC case against Google
Insight 22 Nov 2019

Furniture retailers fined for false 'was/now' pricing claims; Mazda defends claims of unconscionable conduct and false or misleading representations over faulty vehicles; Unique ordered to pay millions in damages over its funded diploma courses; ACCC presses Google on its policies relating to location data; and ACCC approves ANZ Terminals' acquisition of GrainCorp Bulk Liquid Terminals. ...

TGA guidance on the promotion of medicinal cannabis
Insight 24 Nov 2019

The Therapeutic Goods Administration (TGA) has issued guidance on advertising to the public for businesses involved with medicinal cannabis products and therapies. Along with advertising restrictions, ...

The wait is over: Equator Principles 4 is here
Insight 25 Nov 2019

The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

Monopolising foods using trade marks
Insight 09 Dec 2019

Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...

The rise of plant-based 'meats' and emerging legal issues
Insight 11 Dec 2019

The demand for plant-based 'meat' alternatives is predicted to grow. As with any new industry, there is a series of regulatory issues that businesses should carefully navigate at the early planning phase. This is to avoid encountering issues down the track that may affect the marketing and supply of such products in Australia. ...

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