The end of Calderbank offers in the ACT?

In Australia, the ‘English rule’ applies to the costs of litigation: the loser pays the winner’s costs. Historically, offers of settlement known as Calderbank offers have the potential to partially reverse this rule. A party who unreasonably rejects a Calderbank offer and obtains a lesser amount after trial faces the risk of having to pay the other party’s costs from the date the unaccepted offer expired. The offers have therefore been generally used in all types of matters to discourage litigation and encourage early settlement.

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Cyber attack alerts Australian organisations to privacy risks

The recent cyber attack, known as WanaCry or WannaCrypt, has shone the spotlight on information security challenges facing Australian organisations. The large-scale ransomware attack has allegedly affected over 200,000 computers across 150 countries, including a number of Australian businesses. The attack allegedly locks down files on an infected computer and a ransom is then demanded to release the files.

An attack of this unprecedented magnitude highlights the fundamental importance of an organisation having systems and processes in place to handle information security risks, particularly where personal information is held electronically.

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NYSDOL Appeals Decision Revoking Payroll Debit Card and Direct Deposit Regulations

On April, 24, 2017, the New York State Department of Labor (“NYSDOL”) has filed an appeal to the February 16, 2017 decision by the New York State Industrial Board of Appeals (“Board”). The Board’s ruling held that the NYSDOL’s regulations regarding employer payments via payroll debit cards and direct deposit were invalid, thereby revoking the regulations, which were set to become effective on March 7, 2017. While the regulations remain ineffective, we will continue to provide updates on New York’s payroll debit card and direct deposit rules.

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Philippe-André Tessier elected treasurer of the Bar of Montreal

May 17, 2017 — Philippe-André Tessier, CRIA, ASC, has been elected treasurer of the Bar of Montreal for the 2017–2018 term. This tenure is the latest instance in a long history of commitment towards the legal profession.

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Alitalia (update 2): the benefits of acquiring a Company under extraordinary administration

Alitalia (update 2): the benefits of acquiring a Company under extraordinary administration
Authors: Antonello Corrado, Silvia Viceconte As outlined in our previous newsletter dated May 3, the…
Antonello Corrado
Silvia Viceconte

In addition to certain obligations charged to the buyer, due to the strategic national importance of the sold company, the legislation provides some undeniable advantages when purchasing part or the entire business perimeter within the context of the public procedure.

Let’s define some of them.

  • The principle that the buyer must ensure the business continuity for at least two years and maintain for the same period the employment levels laid down in the sale agreement is balanced by the faculty to agree, during the mandatory labor consultations provided for in art. 47 Law 428/1990, on the partial transfer of employees to the buyer. Likewise, further changes to the working conditions may also be agreed within the limits permitted by the applicable regulations.
  • Personnel transfers, even partial, to the buyer can also be made upon the placement in the extraordinary redundancy fund or, alternatively, through the termination of the existing relationship and the hiring by the buyer.
  • According to art. 4, paragraph 4-sexies, Legislative Decree 347/2003, the admission to the extraordinary administration procedure does not involve the loss of authorizations, certifications, licenses, concessions or other securities for the exercise of the business of the insolvent company; such titles are, therefore, automatically transferred to the buyer in case of purchase under the extraordinary administration procedure.
  • Art. 63, paragraph 5, Legislative Decree 270/1999 provides the general principle which excludes the buyer’s liability for the debts relating to the business of the transferred company prior to the date of the transfer.
  • Following the transfer, the cancellation of the registrations relating to pre-emption rights and the transcripts of foreclosures and seizures that may be present on the transferred business assets is ordered by ministerial decree.

The normative provisions briefly described above appear to be appropriate to ensure a fair compromise between the need to protect the general interests such as safeguarding the company’s employment and business continuity and the economic freedom of the buyer interested in the purchase of the company.

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CarGurus Enters Canada – Suit Ensues For Statutory Damages under the Canadian Copyright Act

11892290_10153570213132792_5698485790065904705_oThe plaintiff in a copyright infringement action has the option to choose to receive statutory damages rather than to establish its actual quantum of damages it has suffered. Statutory damages range from a minimum of $500 to a maximum of $20,000 for the infringements related to a given work. A plaintiff might choose statutory damages when the amount of its loss is difficult to quantify, particularly when works are downloaded in large quantities from the internet. The Canadian Copyright Act provides for various remedies for copyright infringement, including statutory damages as an alternative to compensatory damages and/or profits.

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ILN Today Post

Joseph M. Goldstein Appointed to Friends of WLRN Board

Joseph M. Goldstein, Managing Partner of the Fort Lauderdale office, was recently appointed to the board of directors for Friends of WLRN. The Friends of WLRN board of directors is a select group of individuals, from a variety of backgrounds, responsible for setting policy and overseeing the organization’s general well-being.

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ILN Today Post

Shutts & Bowen Opens Jacksonville Office

Shutts & Bowen announced today it has opened its 8th office, with the addition of five attorneys from the Jacksonville office of Gillis Way & Campbell.

Joining Shutts & Bowen are H. Timothy Gillis, who was named managing partner of the Jacksonville office, partner Jason E. Campbell, partner Catrina H. Markwalter, of counselSue VanLeeuwen and associate Morgan Foster.

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Cyber Security: Computer Says “No”

A trail of disruption has been left by the “WannaCry” ransomware attack which reportedly affected 100 countries, 200,000 individuals and brought organisations such as the NHS and Fedex Renault to a standstill. This gave us pause to reflect on the practical steps organisations can take to minimise litigation risks arising from a breach of cyber security measures.

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IDA Ireland Event, London

Harry Fehily, Managing Partner, and George Kennedy, Partner, were pleased to attend the IDA Ireland Event, Right Place. Right Time in The Leadenhall Building in London on Wednesday, 10th May 2017.

It was an opportunity for UK based companies in the Financial Services, Technology, Bio-Pharmaceuticals & MedTech sectors to network and learn more about the different aspects of Ireland, from finding a home; finding the right office space; recruiting staff to getting the best business advice.

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