Law / International Business
Australia:
Copyright in Databases: Australia’s High Court Refuses to Grant Telstra Special Leave. What does this Mean for Wagering Operators?
20 November 2011
Article by Jamie Nettleton, Cate Sendall, Justine Munsie and Richard Keegan
Copyright does not subsist in a computer generated database or one compiled by humans with strict rules about content. (Link)
United States:
Google Prevails In "Gadget" Trademark Lawsuit - "Gadget" Term is Generic
23 November 2011
Firefly Digital Inc, a web development company, sued Google last year in Louisiana federal court for its use of the term "Gadgets" to refer to its line of "Google Gadgets" product. "Google Gadgets" are applications that allow you to add features such as news feeds, stock quotes, maps, and interactive games to your existing iGoogle account and Google desktop. (Link)
Australia:
Voluntary administration or liquidation – what’s the difference?
23 November 2011
Voluntary administration or assessing a company's viability, is not the same as liquidation, winding up a company. (Link)
Corporate / Company Law
Canada:
Corporate Secretary: Practising Law?
20 November 2011
Article by Rita Andreone
What can be said about the role of the Corporate Secretary that has not already been said? Clearly, the position of Corporate Secretary has evolved over the years and, in particular, since the corporate scandals of the 2000s and the most recent financial crisis. For some organizations, except, possibly, in the realm of holding corporations and some non-profits, gone are the days when the Corporate Secretary was a mere corporate record custodian, certifier of corporate organizational facts and note-taker. Bylaws, board mandates, shareholder agreements and other governance documents, not to mention job descriptions, may or may not fully describe the expectations that now often go with the role. (Link)
Law / Banking and finance
Canada: Take Care When Dealing With Letters Of Credit - A Recent Case From Ontario
08 November 2011
The Ontario Superior Court of Justice recently considered an application by Piaggio & C.S.p.A. ("Piaggio"), an Italian manufacturer of motorcycles and scooters, arising from a dispute in connection with a refusal of payment by the Bank of Nova Scotia (the "Bank") under three letters of credit (the "LCs"). The case (2011 ONSC 2567) is instructive of the care required when taking letters of credit and presenting them for payment. (Link)
Consumer, health and family
Australia:
New regulations for warranties against defects on 1 January 2012
01 November 2011
Article by Nigel Jones, Tamra Seaton and Fiona Wallwork
All retailers and manufacturers must act now to ensure that all product warranty information given to consumers complies with new regulations which come into effect on 1 January 2012. (Link)
Management / human resource / workplace
Canada:
Social Media & The Workplace
20 November 2011
Article by Chris J. Peddigrew
Whether we like it or not, social media is here stay. It impacts and affects not only our personal lives, but also our employment relationships. What is becoming apparent, however, is that when social media is involved, the line between our work lives and personal lives is not always clearly defined. Whether we are talking about Facebook, blogs, MySpace or Twitter, issues arise with respect to privacy rights, workplace harassment and bullying, client/customer confidentiality and the employer's business reputation. As the following three decisions illustrate, if an employee's use of or commentary on social media can be viewed as insubordinate, harassing and/or disparaging of co-workers, or damaging to the employer's business, then discipline, including termination, can result even if the comments were not made at work or during working hours. (
For more information, please log on to Faculty of Accountancy and Management website here.
