LexisNexis
Practice Intelligence | Archive | 2015
-
2015
23 NOVEMber 2015
Law Graduates Churned Out At Risk of Extortion while Indifferent Profession Yawns
According to a mainstream newspaper, an entrepreneurial South Australian law firm has developed what they believe to be a market worthy business model under which law graduates would be charged $22,000 for the privilege of working for the firm as articled clerks. The inventiveness of the law firm does not end there.
28 october 2015
Download Innovation Inertia: 2015 LexisNexis Roadshow Report
We explore how the Australian legal landscape is responding to disruptive trends in client expectations, emerging technology and organisational culture through strategic innovation.
29 september 2015
Revenge porn makes new law
Australian courts and Australian parliaments appear equally reluctant to create a generalized tort of invasion of privacy in Australia. This is despite the increasing use of social media, including Facebook, which has created new ways for an individual's privacy to be invaded.
27 september 2015
Exploit domain names at your own risk: interlocutory relief may be available
Protection of domain names is of utmost importance to companies that rely heavily on their online presence to develop their brand and obtain revenue. One such company is Thomas International Limited (TIL), a global provider of psychological and competency testing operating substantially online, with a centralised hub in the UK accessible to TIL's distributors and customers.
05 september 2015
The latest superannuation insurance changes
There have been a number of changes to the way in which insurance can be held within a self-managed superannuation fund (SMSF). Broadly, these changes limit the types of policy that can be held by SMSF trustees, but there is also a broadening of the rules relating to terminal medical conditions.
30 AUGUST 2015
Film directors' copyright -- fair remuneration for all
In a world where most of us rightfully expect that creators are rewarded with intellectual property rights in their unique creations, whether they be books, music, film or games, it is hard to believe that some in the chain of creativity get the short end of the stick. Yet this is exactly the situation for Australian directors; in contrast to their European counterparts they have no genuine claim to copyright in the films that they create.
30 AUGUST 2015
Online testimonials, product reviews, endorsements -- managing the risk of false and misleading claims
Word of mouth is one of the best ways to sell a product or service. Many consumers rely on reviews for information about goods and services to assist in purchasing. A glowing testimonial or endorsement can have a strong influence on a consumer's decision to purchase a product or service.
28 AUGUST 2015
Apps for children -- advertising space in sheep's clothing?
In corollary to the growth in children's access to the internet and touchscreen tablet computers and smartphones, demand for the development of child-friendly application software, commonly known as "Apps", has surged. According to leading market research company Nielsen in their 2014 Australian Online Landscape Review, three out of five Australian households with primary school age children own a tablet computer and have an internet connected television in the home.
25 AUGUST 2015
Net neutrality and Netflix
Very shortly after the US Federal Communications Commission's (FCC) decision early this year to pass new net neutrality regulation in the US, it emerged that one of the most prominent supporters of net neutrality, Netflix, was signing up to agreements in Australia that arguably violate the principle of net neutrality.
17 AUGUST 2015
Big data, metadata and personal data -- how does the Privacy Act regulate metadata?
Following amendments to the Privacy Act 1998 (Cth) in 2014 to strengthen privacy protection and give the Privacy Commissioner power to impose significant penalties for interferences with privacy, the federal government introduced and passed the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth).
02 August 2015
Will streaming services end piracy?
In April, an article on news.com.au noted that Australians were pirating HBO's Game of Thrones more than any other country in the world on a per capita basis. However, this is not a moniker of which Australians should be proud. Digital piracy is tantamount to stealing and does real damage to Australia's content creation industries
23 JULY 2015
Gifting as an estate planning technique
The fast growing trend of "gifting" as an estate planning strategy can be a win-win for clients and beneficiaries, but it's fraught with pitfalls for the unwary and is something not to be taken lightly.
20 JULY 2015
Damages for breach of confidence in a social media context
Mr Ferguson posted explicit videos and images of his former partner Ms Wilson on his Facebook page. During their relationship, the couple had shared explicit images with each other via text message. Mr Ferguson also used Ms Wilson's phone, without her consent, and emailed himself a number of explicit videos. Upon realising this, Ms Wilson requested and Mr Ferguson agreed not to share the explicit videos or photos.
15 july 2015
So tell me, what exactly is the ATO's role in SMSFs?
In 1999 the regulation of self-managed super funds (SMSFs) was moved from the Superannuation and Insurance Commission (subsequently Australian Prudential Regulation Authority (APRA)) to the Australian Taxation Office (ATO) and at that time, it was suggested that the ATO got that job because SMSFs were seen to be just tax play vehicles, not serious retirement funding vehicles.
05 JULY 2015
Critical prerequisites of legal search technology for banking and finance lawyers
Drafting of documents plays a large role in the daily business of lawyers. They spend as much as 60 percent of their time creating, checking, and collaborating with other lawyers to generate documents. Drafting takes up approximately two hours a day which 6 out of 10 lawyers acknowledge.
02 july 2015
Dispute resolution clauses: approach with care
It is common for contracts to contain dispute resolution clauses. It is just as common for these clauses to be given little consideration during the drafting phase -- with potentially costly consequences.
29 JUNE 2015
Airbnb and Uber: the need for social sharing sites to gain trust through privacy compliance
The privacy of our personal information has, in many respects, become a commodity to be traded for goods and services: if you receive goods or services for free, it is likely that it is you (or your personal information) that is the product. But, as social sharing companies like Airbnb and Uber have discovered, as individuals become more privacy-aware, they are increasingly reluctant to hand-over personal information, unless they trust that their personal information will be protected and properly handled
27 june 2015
Product liability insurance implications of 3D printing
The emergence of 3D printing has been described as paving the way for a third industrial revolution. The technology enables small businesses and even individual consumers to make products that previously could only be built by large manufacturers. We consider some of the implications of this new technology for insurers, particularly in the realm of product liability.
30 MAY 2015
Assessing cyber security risks and the role of cyber insurance
Most people associate "cyber breaches" with criminal hacking, political "hacktivism" or sovereign state espionage. These types of cyber breach events are newsworthy, seem to happen overseas more often than not and attract broad media attention. They seem quite removed from the world of the average client's business in Australia.
29 MAY 2015
What Foot-and-mouth can teach us about cybersecurity
The threat of a digital computer virus is a world apart from the ravages of Foot-and-mouth disease. Or is it? In a 1966 negligence case, the Foot-and-mouth virus escaped from a UK research institute and infected neighbouring cattle. The institute was found to owe a duty of care to the affected farmers.
25 MAY 2015
Managing copyright in the online world
UN Global Compact Launches Business for the Rule of Law, Guide for General Counsel on Corporate Sustainability
The United Nations Global Compact, with support from Baker & McKenzie, LexisNexis Legal & Professional and Linklaters, today launched two new efforts to engage the business community and legal profession in advancing the rule of law, good governance and corporate sustainability.
29 APRIL 2015
Managing the use of social media in the workplace
The rise of social media platforms creates serious challenges for employers. Inappropriate social media use by employees may cause detriment to the employer's reputation or business interests. This article discusses recent Fair Work Commission (FWC) decisions concerning employees' use of social media, focusing on examples of unacceptable social media conduct.
20 APRIL 2015
Tell me your location! Geo-tagging on the rise
In 2014, global beer brand Heineken launched its Twitter-based service which helps consumers explore new experiences in their cities. The service aggregates real-time, location-based social activity and uses it to show where proximate hot locations are for "urbanites" to visit.
30 MARCH 2015
When can government agencies disclose personal information without consultation or consent?
This article deals with the limits of the obligations surrounding consultation and consent when a government agency intends to disclose personal information. The issue commonly arises in the context of FOI applications, where the requested material includes personal information concerning a third party.
19 February 2015
Three tips for banking lawyers to avoid the stormy cloud
In 1999 the regulation of self-managed super funds (SMSFs) was moved from the Superannuation and Insurance Commission (subsequently Australian Prudential Regulation Authority (APRA)) to the Australian Taxation Office (ATO) and at that time, it was suggested that the ATO got that job because SMSFs were seen to be just tax play vehicles, not serious retirement funding vehicles.