Crowd-funding extended to proprietary companies

In March this year, after a number of false starts, the Corporations Amendment (Crowd-sourced Funding) Act 2017 proceeded to Royal Assent and is set to become law in late September this year. The Act, while a major breakthrough for crowd- sourced funding (CSF) in Australia, has been criticised for its limitations. You can find our update on this topic here.

Just two months later, as part of the 2017-18 Budget, the Federal Government has released for circulation draft legislation aimed at overcoming some of those criticisms.

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Howard & Howard welcomes Robert H. Smeltzer

Royal Oak, Michigan, May 16, 2017: Howard & Howard Attorneys PLLC is pleased to announce that Robert H. Smeltzer has joined the firm. He will practice out of the firms Chicago office.

Mr. Smeltzer has over 25 years of federal and state court experience in all phases of labor and employment, commercial, and non-patent intellectual property litigation and counseling. He has handled countless Title VII, ADEA, ADA, FLSA, NLRA, ERISA and FMLA matters before the EEOC, the Illinois Department of Human Rights, the Illinois Human Rights Commission, the Chicago Commission on Human Relations, the U.S. Department of Labor, the National Labor Relations Board, and state and federal courts.

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CLOC: Change is a Drumbeat

clem-onojeghuo-122041Any time you pick your head up from the daily work you’re doing in the legal industry, “change” is the drumbeat that you hear.

Nowhere was that more apparent to me than at last week’s CLOC Institute – for those of you who aren’t familiar with CLOC, it’s the Corporate Legal Operations Consortium. They’re a relatively new group in the industry, bringing together legal operations professionals for networking, education, to share best practices, and really, to drive change. But they’re more than just legal ops – in fact, their mission states quite clearly that this drive for change involves working with “other core corporate legal industry players” in addition to legal operations professionals. Their goal is to “optimize the legal service delivery models needed by small, medium and large legal departments to support their clients,” and they recognize that this can only be done together. 

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Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act

Recent cases may suggest a shift in courts’ views on New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (TCCWNA). Plaintiffs have used the TCCWNA to attack an increasingly broad array of agreements, particularly online terms and conditions, and have often built their cases on mere technical violations unaccompanied by any real harm.

As discussed in a previous Alert, the past few years have seen a surge in these consumer class action lawsuits under the TCCWNA, as e-commerce sites – and their requisite online terms of use – have proliferated. Courts appear to be recognizing that plaintiffs have expanded this consumer protection law well beyond its drafters’ intentions, and some have begun reining in claims under the statute.

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ARTIFICIAL INTELLIGENCE AND ROBOTIC PROCESS AUTOMATION: IS THE LEGAL SECTOR READY?

The legal profession is in a period of turbulence and transformation Automation and technology are becoming more utilised in the legal sector to increase efficiency and reduce costs. Artificial intelligence (AI) and robotic process automation (RPA) are being billed as the next industrial revolution and the legal profession will change in a way that has never been seen before.

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Take 5 Newsletter: Employee Mobility and Trade Secret Protection in California: What Works and What Doesn’t

California has always been a challenging jurisdiction for employers in terms of limiting unfair competition by former employees and protecting trade secrets. However, employers in the state can significantly enhance their ability to protect their business interests in these areas with a little planning and strategic thinking.

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Payment of Executors

In our last update regarding executors, we discussed the role and responsibilities of an executor. We are also asked regularly by clients when preparing Wills, and by beneficiaries of estates, about the payment of executors. Should the executor be paid, and are they entitled to seek commission?

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Ted Goloff becomes Fellow of the American Bar Foundation

May 15, 2017 — Theodore Goloff recently became an International Fellow of the American Bar Foundation. The Foundation’s mission is to advance justice and the understanding of law and its impact on society, with the assistance of its Fellows.

Fellows may only be admitted upon invitation. The Foundation’s constitution limits their number to 1% of the lawyers called to the Bar in the United States and to 900 lawyers abroad. Ted became the ninth International Fellow from Quebec.

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ILN Today Post

Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act

May 10, 2017

Recent cases may suggest a shift in courts’ views on New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (TCCWNA). Plaintiffs have used the TCCWNA to attack an increasingly broad array of agreements, particularly online terms and conditions, and have often built their cases on mere technical violations unaccompanied by any real harm.

As discussed in a previous Alert, the past few years have seen a surge in these consumer class action lawsuits under the TCCWNA, as e-commerce sites – and their requisite online terms of use – have proliferated. Courts appear to be recognizing that plaintiffs have expanded this consumer protection law well beyond its drafters’ intentions, and some have begun reining in claims under the statute.

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Harder times ahead for participants to cartels

It is becoming a practice that companies involved in cartels are being sued by market players who have suffered losses as a consequence of a cartel and now want to recover the extra costs they have incurred. The new provisions based on an EU directive and adopted in Hungarian legislation early this year to help the effectiveness of claims for damages are slowly achieving their objective.

While cartel agreements distort the market and, as a result, may entail severe fines from the competition authority, they also cause damage to other market players and even consumers, who may have to pay higher prices for certain goods and services. Several companies participating in cartels were sued for damages on these grounds in the past, but enforcing claims proved rather cumbersome and complicated. In the last few years it was mainly the victims of public procurement cartels who tried to be compensated for the losses they sustained, but in most cases these proceedings were not a complete success.

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