Top Court Rules Union’s Right to Picket Trumps Individuals’ Right to Privacy

During a lawful strike that lasted 305 days, both the United Food and Commercial Workers, Local 401 (“Union“) and a security company hired by the Palace Casino at West Edmonton Mall in Alberta. videotaped and photographed the picket line near the entrance to  the casino.  The Union posted signs in the area of the picketing stating that images of persons crossing the picket line might be placed on a website called www.casinoscabs.ca
Several individuals who were recorded crossing the picket line filed complaints with the Alberta Information and Privacy Commissioner under the Personal Information Protection Act of Alberta (“PIPA“).  PIPA restricts the collection, use and disclosure of personal information by a range of organizations. 
The Vice-President of the casino complained he was photographed or videotaped and that two pictures of him were used on a poster displayed at the picket line with the text, “This is (X’s) police mug shot.”   Images of his head were also used in Union newsletters and strike leaflets with captions intended to be humorous.  Another complainant, a member of the public, testified that cameras were trained on the entrance to the casino where he would regularly meet friends.  A third complainant testified that she had been photographed and videotaped while working near the casino entrance.  No recordings of the complainants were placed on the website.
 
Read full article

Top Court Rules Union’s Right to Picket Trumps Individuals’ Right to Privacy

During a lawful strike that lasted 305 days, both the United Food and Commercial Workers, Local 401 (“Union“) and a security company hired by the Palace Casino at West Edmonton Mall in Alberta. videotaped and photographed the picket line near the entrance to  the casino.  The Union posted signs in the area of the picketing stating that images of persons crossing the picket line might be placed on a website called www.casinoscabs.ca
Several individuals who were recorded crossing the picket line filed complaints with the Alberta Information and Privacy Commissioner under the Personal Information Protection Act of Alberta (“PIPA“).  PIPA restricts the collection, use and disclosure of personal information by a range of organizations. 
The Vice-President of the casino complained he was photographed or videotaped and that two pictures of him were used on a poster displayed at the picket line with the text, “This is (X’s) police mug shot.”   Images of his head were also used in Union newsletters and strike leaflets with captions intended to be humorous.  Another complainant, a member of the public, testified that cameras were trained on the entrance to the casino where he would regularly meet friends.  A third complainant testified that she had been photographed and videotaped while working near the casino entrance.  No recordings of the complainants were placed on the website.
Read full article
ILN Today Post

New gTLDs: what you need to know

The Internet landscape is set to face its “biggest change:… since inception”1 with the introduction of new generic top level domains.  With more than 1,000 new “strings” likely to go live in the first round, there are new challenges for trade mark owners to ensure that their intellectual property will not be misused online. More…

Read full article
ILN Today Post

Social media platforms: How can you get followers to follow along after a business sale?

A social media presence forms a large and growing part of the value of many businesses.  Twitter recently debuted on the NYSE, and initial trading saw the share price jump from $26 to more than $46.  It was the biggest technology IPO since Facebook’s debut in 2012.  Markets certainly see value in what a Social Media Platform (SMP) can do, even if some SMPs struggle to earn revenue to justify their share prices. More…

Read full article

Randall Sidlosca speaks at International Congress of Realtors event

Arnstein & Lehr LLP

Arnstein & Lehr Miami Partner Randall Sidlosca spoke at the 20th annual International Congress of Realtors event on November 4. The topic of his presentation was foreign investors in South Florida, discussing what one needs to know about immigration. There were more than 400 realtors in attendance, bringing together global partners & professionals to collaborate & achieve maximum business results.

To read more about this event, please click here.

 

Read full article
ILN Today Post

Strata Law Reform – Significant new obligations on Developers

NSW Fair Trading has now released its position paper on Strata Title Law Reform.

The paper sets out the proposed reforms which will form the basis for a bill that is being drafted and is to be introduced in early 2014.

There are approximately 70 proposed reforms, the thrust of which are overwhelmingly consumer driven, designed to benefit the owners and occupiers of strata schemes. More…

Read full article
ILN Today Post

Sunny days or not so sunny for Louis Vuitton?

In the recent Federal Court decision of Louis Vuitton Malletier v Sonya Valentine Pty Ltd[1], Louis Vuitton was successful in obtaining injunctions and monetary remedies against Sonya Valentine Pty Ltd, which was importing into Australia and selling sunglasses bearing the trade mark LOUIS V and Louis Vuitton’s flower logo trade mark.

Louis Vuitton alleged that Sonya Valentine had: More…

Read full article
ILN Today Post

Foreign words forming trade marks: Australian coffee culture takes back “oro” and “cinque stelle”

In Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110, the Full Court of the Federal Court has upheld an appeal against the decision of Emmett J in Cantarella Bros Pty Limited v Modena Trading Pty Limited [2013] FCA 8. Mansfield, Jacobson and Gilmore JJ found that the trial judge had erred in finding that trade marks ORO and CINQUE STELLE were distinctive.

Our article in relation to the decision at first instance can be found here. More…

Read full article
ILN Today Post

Federal Court Creates Uncertainty: GST and Leases

Uncertainty awaits landlords and tenants following the recent decision of the Full Federal Court in the case of MBI Properties Pty Limited v Commissioner of Taxation [2013] FCAFC 112. In that case the Court held that a purchaser of a property subject to a lease does not make any supply to the tenant following completion of the acquisition. It follows that the purchaser has no GST liability in respect of the ongoing lease. This raises many questions regarding the correct GST treatment in such circumstances. More…

Read full article

Patrick Ayers writes blog on defective 3-day notices

 

Arnstein & Lehr LLP

Arnstein & Lehr Tampa Partner Patrick Ayers authored a blog post on November 4 for Sterling Education.com titled, “Florida Legislature Assists Residential Landlords with Defective 3-Day Notices.” In this post, Mr. Ayers discusses a recent amendment to the Florida Residential Landlord-Tenant Act that may provide assistance to residential landlords with the statutory 3-day notice required before filing an action to evict.

To read the full blog post, please click here.

Read full article