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Bird & Bird LLP | United Kingdom | 28 Jun 2021

High Court finds that there is no proprietary estoppel for “late” declarations of standard essential patents under English law - Optis and Unwired Planet v Apple

The question of whether “late declaration” of a Standard Essential Patent (SEP) can allow an implementer to rely on the doctrine of estoppel, as a…
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Cordato Partners | Australia | 2 Jun 2021

Court asks ASIC to investigate avoidance of the National Credit Code, cuts interest rate on loan from 69.588% to 4.1% pa

The National Credit Code protects a borrower if they are a natural person and if the loan is 'to purchase, renovate or improve residential property'…
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Cordato Partners | Australia | 5 Apr 2021

A Quantum Leap for statutory unconscionability

In a decision which ACCC chair Rod Sims proclaims as 'extremely important for all Australian consumers and businesses', the Federal Court of…
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Jackson Lewis PC | USA | 25 Mar 2019

Third Circuit Rules in Favor of Employer Who Monitored Former Employees’ Social Media Accounts

On February 25, 2019, the Third Circuit held that a New Jersey engineering firm that monitored its former employees’ social media accounts was not…
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Cordato Partners | Australia | 14 Mar 2019

Must borrowers act conscionably towards their lender?

Lenders must act fairly in their dealings with borrowers. But must borrowers act fairly (according to conscience) in their dealings with lenders?…
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Bodipalar Ponnudurai De Silva | Malaysia | 18 Feb 2019

Exclusion clauses – abuse of freedom of contract?

It is common for large conglomerates to require customers to execute agreements with standard boilerplate terms and conditions. The fine print of these boilerplate terms and conditions typically contains an exclusion clause which seeks to restrict or limit the liability of the corporations. However, what happens when these corporations default under the agreement and then seek refuge behind......
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McMillan LLP | Canada, USA | 10 Jan 2019

Uber Drivers Given a Low-Arb Diet: Ontario Court of Appeal Invalidates Arbitration Clauses

In Heller v. Uber Technologies Inc., ("Heller"), the Ontario Court of Appeal has permitted a proposed class action against Uber Technologies Inc. to…
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Blaney McMurtry LLP | Canada | 4 Jan 2019

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 1 - 4, 2019)

There were only two substantive civil decisions of the Court of Appeal this week. Most notably, in Heller v Uber Technologies Inc.,…
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Frost Brown Todd LLC | USA | 26 Nov 2018

Agreed, Not Unauthorized and yet Unenforceable

Students in the USA are taught that we have three branches of government; executive, legislative and judicial. Young students are taught that the…
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Collyer Bristow LLP | United Kingdom, USA | 7 Nov 2018

English High Court refuses to block enforcement of U.S. discovery order

In the recent decision of Dreymoor v Eurochem [2018] EWHC 2267, the English High Court refused to grant an injunction to restrain the enforcement of a…
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