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Blockchain and why smart contracts still need smart lawyers
Insight 06 Jul 2016

There has been so much talk about blockchain and distributed ledger technology recently especially in financial services that you might be forgiven for thinking it might be more hype than substance But we think it could be very important technology ...

Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

Worth the wait? Release of draft mandatory data breach notification laws
Insight 25 Oct 2016

Following a period of industry consultation the Federal Government has introduced updated legislation that will introduce a mandatory data breach notification scheme The new Bill will amend the Privacy Act 1988 Cth when it comes into force and will apply to all Australian companies currently subject ...

Allens' submission to ALRC Class Actions Inquiry - time to revisit the checks and balances
Insight 14 Aug 2018

The Australian Law Reform Commissions Inquiry into Class Actions and Third Party Litigation Funders provides an important and timely opportunity to reflect on the operation of our class actions regime We have made a detailed submission to the ALRCs Inquiry in which we advocated for a renewed focus ...

Predictive coding: the future of electronic document production?
Insight 25 Feb 2016

A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...

Privacy Awareness Week Update
Insight 14 May 2015

To coincide with Privacy Awareness Week, the OAIC has released a number of business resources. This Insight considers the key implications for stakeholders. ...

Misuse of market power - Court rejects ACCC allegations against Pfizer
Insight 25 May 2018

The full federal court have ruled in favour of Pfizer against the ACCC alleging that Pfizer used its market power for an anti-competitive purpose (s 46) and engaged in exclusive dealing conduct for the purpose of substantially lessening competition in the atorvastatin market (s 47). ...

Backing up the backups - a practical guide to cyber insurance
Insight 03 May 2018

The cyber insurance market in Australia is rapidly developing however key problems still remain. This guide explains cyber insurance – what it is, what it covers, common limits and exclusions – and how to work out whether cyber insurance is right for you ...

Code breakers - Australian Government flags forced decryption reforms
Insight 03 May 2018

The Australian Government continues to stoke controversy with its mooted reforms to encryption laws which would seek to provide law enforcement agencies with access to encrypted communications and information While little detail as to the shape that the reforms will ultimately take has been provided ...

Data breaches in the healthcare sector: the reality, the costs and how to prevent them
Insight 17 Oct 2018

Data breaches are disproportionately common in the health sector Whats more it is the only sector that has a higher rate of data breaches caused by internal factors such as employee carelessness or misbehaviour than by external threats Health sector data breaches are enabled it seems by the ...

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