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The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...

Predictive coding endorsed again by English High Court
Insight 29 Jun 2016

In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...

More certainty for foreign corporations under Alien Tort Claims Act
Insight 28 Jan 2014

Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law US courts have sought to clarify exactly what geographical connection is required to justify a claim against corporate defendants Partner ...

Seeing red over yellow
Insight 05 May 2014

The difficulty of registering a colour mark or word mark denoting a colour that include issues of market place recognition was highlighted by a recent set of appeals revolving around the use of the word Yellow in a tussle between various business directory goods and service providers Partner Sarah ...

Undertaking data analytics without breaking the law
Insight 20 Apr 2018

Guidance highlighting the necessity of being transparent when undertaking data analytics on personal information as well as other matters that organisations should consider so as to better manage compliance risk when undertaking data analytics has been released Partner Michael Morris Lawyer Jaclyn ...

OAIC releases guidance on meaning of 'personal information'
Insight 21 Jun 2017

Uncertainty as to what information constitutes personal information under the Privacy Act will be clarified following the release of guidance from the Office of the Australian Information Commissioner The guide provides insight into how a complaint may be determined and offers key questions for ...

Video: Australia's growing cyber insurance industry: insights from Chris Mackinnon, Lloyd's
Insight 19 Apr 2018

Cyber insurance has emerged as a multibillion-dollar global industry safeguarding businesses against financial losses from the explosion of cyber risk We caught up with Chris Mackinnon head of Lloyds in Australia to discuss the state of the cyber insurance market in Australia the challenges of ...

Full Court comes down hard on business method patent, but software remains patentable
Insight 21 Dec 2015

In an eagerly awaited appeal decision in emRPL Central v The Commissioner of Patentsem the Full Federal Court has decided that the evidence-gathering method the subject of RPL Centrals innovation patent was a mere scheme abstract idea or business method that did not constitute patentable subject ...

Media ownership reform back in the spotlight
Insight 08 Mar 2016

The Federal Government has introduced a narrow package of media ownership reform which if enacted will reduce the restrictions imposed by the Broadcasting Services Act on the ownership of media assets across platforms and market ...

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