Linking to protected content on a free website does not constitute an unauthorised "communication to the public", according to the decision of the Court of Justice of the European Union (ECJ) (Case C-466/12 Svensson) on 13 February 2014. Read more about this decision in this Ashurst article.
This paper gives valuable insight, based on a depth of experience and keen observation, into the representative business models prevalent in the labour and employment field in Australia.
The US sports and entertainment industries are pushing the envelope on privacy as they mine collective behavioral data from fans and consumers. To avoid the cross-hairs of the Federal Trade Commission, in-house counsel must ensure compliance with myriad statutes and regulations, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM and the Children’s Online Privacy Protection Act (COPPA). In-house counsel must work effectively with their technology and marketing departments regarding the acquisition, use and protection of this data. This panel will cover strategies for addressing vulnerabilities and avoiding exposure in terms of marketing practices and data security. It will also cover what companies need to know about communicating with fans and consumers about data mining, including mistakes to avoid when drafting privacy policies.
Jack Richardson Oration. Speech delivered by Fiona McLeod SC, President, Law Council of Australia at the High Court of Australia, Canberra.
This article outlines the steps that should be taken after an employee is caught steeling from the company.
What do you advise your company to do when someone starts a website that airs your company's dirty laundry, true and untrue, in public? In this article, six attorneys identify and debate key issues for you, offering practical tips for responding to anonymous cyber-gripers culled from the latest case law.
This Top Ten takes a look at the top ten considerations that operators of sports and entertainment venues should give related to the ADA's requirements.
Nearly every company has a website and uses the internet as a means for marketing and selling its products and services. Here's a plan for protecting your company's trademarks and domain names in cyberspace.
This article discusses how recent court decisions have empowered the consumer. For example, in Australia, a leading residential housing developer was slapped with hefty fines for deceptive conduct; real estate developers in India have also found themselves in the regulator’s sights.
This InfoPAK (now known as ACC Guides) provides a Q&A which gives a high level overview of the key practical issues including the level of activity and recent trends in the Australian market.
When an employee parts ways with the company, it isn’t just a box of office decor that gets carried out the door: Any skills or information learned on the job is now potentially benefiting your competition. Many variables can affect the successful application of a non-compete agreement. This article explains how different countries handle non-compete agreements and what the alternatives are to protecting your company’s resources.
Have you ever thought about what advice you’d offer your younger self? The ACC Australia: Women in the House publication profiled ten equally impressive in-house counsel from the Australia and Asia-Pacific region, to understand their career paths and the decisions that led them to their current in-house roles.
This article deals with employment practices in Australia which are heavily affected by statutory provisions, tax, superannuation as well as market forces.
This is a sample contract where Sponsor desires to engage Developer to develop, create, test, and deliver a Web Site as a work made for hire and to house the Web Site on Developer's Web Server and make the Web Site available for browsing on the Internet.
A letter notifying a website that it is illegally selling copyright products. Letter states that the company has not received information and instructs the company to cease the infringment.
Read this 2010 Clarion Award-winning column!
Bill Mordan appraises the impact of social networking websites and forums on businesses and professionals around the globe.
In Australia, whistleblowers are protected by law and recently, are gaining more protections. In this article, learn more about how company's interact with whistleblowers, who constitutes a whistleblower and how in-house counsel can prepare for such issues.
In a simpler time, defending your company typically meant slogging
through litigation. Your adversary is now a self-appointed cyberspace vigilante. On the internet, the juiciest material doesn’t come from the networks or newspapers, it comes from one of over 70 million internet blogs and user-created websites. It comes from individuals who post whatever they
want.
The relationship between regulatory and business lawyers can be contentious in the United States and other countries. The rapport between the two in Australia is generally more collaborative.
Australian Corporate Lawyers Association Division Regulations
The Fair Work Ombudsman has posted the following information sheet on their website https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/employment-conditions-during-natural-disasters-and-emergencies but it is important for especially larger employers to understand that these are the minimum requirements and there are opportunities to provide other sorts of assistance as well.
The purpose of this InfoPAK is to assist corporate counsel in understanding and making decisions about the Foreign Corrupt Practices Act and global anti-corruption law. Included is a summary of the Act, the role of the various government agencies, enforcement trends, and a discussion of steps companies can take to mitigate risk and fulfill their obligations under the Act. <p><b>Also included is a summary of anti-corruption laws in: Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mexico, Russia, Singapore, and Thailand.</b></p>
This article explores the use of alternative working patterns in a number of jurisdictions around the globe. In particular, we look at Australia, France, Germany, Italy, Singapore, Spain, Sweden, the UK and the US.
A sample terms of service agreement between an individual and a company concerning the use of the company's website. This agreement includes clauses for license grants, restrictions, user obligations, privacy, and postings.
Show results exclusively from the ACC Resource Library with customizable filters