Monthly Archives: March 2012

I Hear You Calling – Sound Mark Applications Now Being Accepted

In a reversal of it’s long held position, the Canadian Intellectual Property Office (CIPO) has today announced that it is now accepting applications to register sound marks.  This announcement apparently comes as a result of ongoing Federal Court of Canada proceedings regarding an application filed in 1992 by Metro-Goldwyn-Mayer Studios Inc. (MGM) to register as a trade-mark in Canada, the sound of a roaring lion that precedes most, if not all, of their film productions.  

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Changes to the Oaths Act 1900 (NSW)

​On 30 April 2012, new requirements for witnessing statutory declarations and affidavits will commence in New South Wales.

The new requirements are set out in a new section 34 the Oaths Act 1900 (NSW) (Oaths Act) (introduced by Schedule 2 of the Identification Legislation Amendment Act 2011) and the Oaths Regulation 2011.

This new section of the Oaths Act requires that an authorised witness must: More…

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LMA2012 – Finding our Inspiration, Part I

Every year, one of the primary reasons that marketers give for attending the LMA’s Annual Conference is the sense of inspiration that they come back to the office with after the conference is over. Meeting with like-minded people, dealing with the same pressures that we all have, and finding creative solutions to meet the challenges of our clients is a surefire recipe for returning to the office with more than one good idea to implement.

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Russian Law Review

The ILN’s Maxima Consulting & Law have published their latest review of Russian laws.

Please click here for the full publication.

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New faster rezoning process to be introduced in NSW?

In the first significant reform of the planning system since the repeal of Part 3A last year, the NSW Planning and Infrastructure Minister, Brad Hazzard, has released proposals to tackle flaws in the rezoning process.

Mr Hazzard has declared that the many steps in making and changing new local environmental plans (LEPs) are currently “slow, wrapped in red tape and there’s no guarantee for proponents to get a fair hearing”.

Demands by local government for more autonomy from the Department of Planning and Infrastructure are to be met with less Departmental involvement in the final stages of preparing amendments to LEPs. More…

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Lori Adelson discusses illegal interview questions

Arnstein & Lehr attorney Lori Adelson

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson was quoted in a March 21 article in The Business Insider. The article, “9 Common Interview Questions That Are Actually Illegal,” discusses illegal questions asked during job interviews. Lori was cited as the sole expert and listed nine of the common illegal questions asked during an interview that are often mistaken as appropriate.

To read the article in full, please click here.

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The NLRB Continues To Help Unions Organize: Do Not Get Caught Flatfooted

By:  Paul Rosenberg

The National Labor Relations Board (“NLRB”) seems intent upon helping unions organize employees.  It continues to pass rules, issue decisions, or announce new policies which will almost certainly facilitate union organizing.  The latest example occurred on March 22 when the NLRB announced that in the next two weeks it is launching an “educational” website aimed at informing non-union employees of their rights under the National Labor Relations Act (“NLRA”).   In conjunction with this unprecedented website the NLRB is preparing brochures which will provide “real life” cases to inform non-union workers of their legal rights.   The NLRB has yet to determine the distribution mechanism for the brochures.

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Standards for Reporting Minerals and Oil and Gas Reserves and Resources

Under Australian Corporations law, mining and oil and gas companies both listed and unlisted are required to disclose ‘not generally available information, that a reasonable person would expect, if it were generally available, to have a material effect on the price of securities in a corporation’. The disclosed information however must not mislead investors.

In Queensland, coal and gas are the predominant commercial energy forms. The sophistication of the technology used to locate and extract coal and gas has advanced considerably over the past decade and end-user markets are now predominantly offshore. As a result of these and other advances the language used in these sectors has become highly specialised and continues to evolve rapidly. More…

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Personal Property Securities Act Impact on Energy and Resources Projects

The Personal Property Securities Act 2009 (Cth) (PPSA) will have a major impact on participants in the Energy and Resources industry. The new securities registration regime, which commenced on 30 January 2012, will have wide ranging effects on the protection and management of security interests in respect of various project assets.

Companies in the energy and resources industry need to consider whether security interests in their project assets should be registered on the new on-line personal property securities register (PPS register).

Failure to identify and register security interests in time could result in third parties establishing a better priority position in respect of security interests over those assets.

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Going slow

Does a contractor have a right to withhold payment if a subcontractor is proceeding slowly?  What if the contractor has an express right to terminate the subcontract for subcontractor delay?  Could this be sufficient to withhold payment?  This situation was considered in the recent decision of Leander Construction Ltd v Mulalley.

Leander was employed by Mulalley, the contractor, to carry out groundworks, drainage, concrete framework and associated works at a development site in Lewisham.  Leander was required to complete the subcontract works by 8 August 2011 and an activity schedule set out the elements of the works, their commencement dates, the periods for carrying out the works and completion dates.  The schedule was stated to be for indicative purposes only and subject to change. More…

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