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Results: 1-10 of 51

Why the Bilski decision matters in Australia

  • Watermark Patent & Trade Marks Attorneys
  • -
  • Australia, USA
  • -
  • July 21 2010

In 2009 more than 2,200 patent applications were filed directly in the United States by Australian entities, while nearly 1,500 Patent Cooperation Treaty (PCT) applications designating the United States were filed by Australian entities

Global warming a public nuisance? US Court of Appeal allows public nuisance case to proceed

  • Clayton Utz
  • -
  • Australia, USA
  • -
  • October 12 2009

Emitters of carbon dioxide and other greenhouse gases should monitor developments in Connecticut v American Electric Power, as it may be a catalyst for Australian activists to also consider the use of public nuisance to address and highlight global warming

Australian shareholders, an Australian company, and a US class action? US Supreme Court to decide

  • Clayton Utz
  • -
  • Australia, USA
  • -
  • December 1 2009

The globalisation of financial markets has increased the incidence of global fraud

US Supreme Court restricts the extra-territorial reach of the SEC Act

  • Herbert Smith Freehills LLP
  • -
  • Australia, USA
  • -
  • August 4 2010

On 24 June 2010, the Supreme Court of the United States handed down a decision of wide-reaching importance in Morrison v National Australia Bank

Is the duty of confidentiality in international commercial arbitration an unwarranted assumption?

  • Clayton Utz
  • -
  • Australia, United Kingdom, USA
  • -
  • June 18 2010

Since parties can no longer assume that the existence of the arbitration, the evidence, and the reasons for the award will be kept confidential, they should consider to include express provisions in their arbitration agreement which deal with confidentiality

U.s. legal commentators consider whether justice is served by putting experts together in a “hot tub”

  • Shook Hardy & Bacon LLP
  • -
  • Australia, USA
  • -
  • September 16 2010

As courts around the world continue to grapple with the complex technical and scientific issues raised in toxic tort and product liability lawsuits, some U.S. commentators have recently looked to Australia where the “concurrent evidence procedure,” also known as “hot tubbing,” may provide a cost-effective and efficient way for factfinders to sort through the challenging expert witness battles that often confront them

I was kidding! humour and defamation

  • Heenan Blaikie LLP
  • -
  • Australia, USA
  • -
  • November 22 2010

To what extent is "I was just joking" a defence to a defamation claim? Laura Little has written "Just a Joke: Defamatory Humor and Incongruity's Promise" (available at SSRN), which explores the ways in which courts have addressed "humour" in US and Australian defamation law

US Bankruptcy Court flips English decision on flip clauses in Lehman Brothers case

  • Clayton Utz
  • -
  • Australia, USA
  • -
  • February 5 2010

On 25 January 2010, the United States Bankruptcy Court handed down its much-anticipated decision in relation to an action brought in that court by two Lehman Brothers entities (the Lehman entities) against BNY Corporate Trustee Services Limited (BNY) (the US Decision

YouTube finds safe harbour in Viacom copyright case

  • Clayton Utz
  • -
  • Australia, USA
  • -
  • July 7 2010

Service providers in the US will be liable if they actually know of specific copyright infringements, but not if they only are generally aware of their users' infringing activity

The changing face of artist's resale royalties

  • Patterson Belknap Webb & Tyler LLP
  • -
  • Australia, USA
  • -
  • December 7 2010

In February 2009, a bill was introduced in the New York State Assembly that would require the seller to pay 5 of the sale price to the artist every time a work of art by a living artist is sold in New York for $1,000 or more