Monthly Archives: July 2012

Week of July 16, 2012 on ILNToday – A Roundup

This morning, my thoughts and prayers go out to those in Aurora, Colorado, who were affected by the movie theater shooting.

Without further ado, this week’s top stories from ILNToday:

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ILN Today Post

Samsung wins Apple copying case because it’s not as “cool”

Further to the update below, the court has ordered Apple to publish announcements that Samsung did not copy the design of its iPad.

The notice must remain on Apple’s website for at least six months and must specifically refer to the judgment below to “correct the damaging impression” that Samsung’s Galaxy tablets had mimicked the appearance of Apple’s products.

Ever since the first iPad hit the market in 2010, companies around the world have been trying to share some of the market space by releasing their own tablet computers. Apple has always fought hard to protect its intellectual property and has never been shy of going to court to do so. More…

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Design and build contracts: There’s always a risk

This article was originally published on

According to some, design and build is the right procurement method for all occasions. It started life as a quick and easy way of building industrial sheds where the design was minimal. Giving the contractor the design risk on more complex projects soon became attractive to those employers looking for a one-stop shop approach. But does the imposition of design risk on the contractor always work?

Judging by the number of claims on design-and-build contracts, the answer must be, not entirely. The employer may have avoided the design development risk, but still retains the risk of delay for other reasons, so the potential for a dispute remains. More…

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ASIC consults on advertising guidelines

ASIC has released a consultation paper CP178 about credit advertising. The CP contains a draft revised RG234 which provides useful guidance for the finance industry.

Comments on the CP are due by 6 August 2012. The CP and draft revised RG234 can be accessed here.

There is little controversial in the CP other than the proposed prohibition on representing goods are for sale when they are financed by a consumer lease.

The RG provides some useful guidance and reminders of good practice. Some key excerpts appear below (some are edited to save space). The ‘we’ in these excerpts is, of course, ASIC. More…

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Green paper to reshape the NSW planning system

Last weekend the NSW Government, in a blaze of publicity, released its green paper on planning reform, titled A New Planning System For NSW.

The purpose of this document is to outline the NSW Government’s proposals for the comprehensive reform of the state’s planning system.

As has been widely reported in the media, the key thrust of the paper is a new focus on up-front strategic land use planning, coupled with a more streamlined development approval process for individual projects. More…

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Ohio Statehouse Update: Week in Review — July 20, 2012

1. Electric security plan adopted for FirstEnergy

The Public Utilities Commission of Ohio (PUCO) this week adopted an agreement establishing an electric security plan (ESP) for FirstEnergy. The ESP will be in effect from June 1, 2014 through May 31, 2016.

FirstEnergy will continue to secure generation resources for its default service customers through a series of competitive bidding auctions. An independent bid manager will conduct four auctions between October 2013 and January 2015. Auctions previously scheduled to occur in October 2012 and January 2013 will now be over a three year period and blended with subsequent auctions. 

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Attorney Adam I. Bregman joins the West Palm Beach office of McDonald Hopkins law firm

West Palm Beach, Florida (July 20, 2012) – Adam I. Bregman has joined the West Palm Beach office of McDonald Hopkins LLC as an Associate in the Business Department of the business advisory and advocacy law firm. His practice will focus on real estate and commercial finance.

Bregman is the first recipient of the University of Miami School of Law’s Charles M. Haar Award for Excellence in Planning and Zoning. The award was created as a tribute to Charles M. Haar, the late adjunct professor of the university’s Graduate Program in Real Property Development and an innovator in land-use law. The honor is given to the student who earns the highest grade in the university’s Zoning and Planning course. 

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Plaintiffs Add "Public Trust" Doctrine to Toolbox

The “public trust” doctrine is a legal principle derived from English Common Law.  Environmental groups are now seeking to expand the application of the public trust doctrine to require states to address climate change.  The concept is a new and potentially valuable addition to plaintiffs’ toolbox in climate change litigation.  Until recently, the public trust doctrine has mostly been applied to protect the waters of the state – as a public resource – for purposes of commerce, fishing and recreation.

In an Environmental Alert (July 17, 2012) titled, “Texas Trial Court Recognizes Potential Application of  “Public Trust” Doctrine to Redress Climate Change,” Richard O. Faulk, a partner at Gardere Wynne Sewell LLP, discusses the origin of the public trust doctrine and how it is being utilized in Texas and elsewhere to create a new cause of action for environmentalists seeking natural resource protection through court action. 

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A Mere Good Faith "Suspicion" That Defendants Misappropriated Trade Secrets Is Insufficient To Establish Plaintiff Did Not Engage In Objective Bad Faith

The commencement and continued prosecution of a misappropriation of trade secrets action without objective evidence of actual misappropriation can result in the imposition of attorneys’ fees against the plaintiff if it does not prevail on that cause of action.  On April 17, 2012, we blogged about this issue in connection with a malicious prosecution action that was filed against Latham & Watkins after the unsuccessful prosecution of a trade secrets action on behalf of a client.

On July 11, 2012, in SASCO v. Rosendin Electric, Inc., 2012 WL 2826955 (Cal.App. 4 Dist.), the California Court of Appeal, Fourth Appellate District, provided more clarity on this issue and affirmed the trial court’s order awarding defendants almost $485,000 in attorneys’ fees and costs pursuant to California Civil Code § 3426.4 (the Uniform Trade Secrets Act). SASCO sued Rosendin Electric, Inc, another licensed electrical contractor and three individual defendants for misappropriation of trade secrets, among other things. SASCO identified a proprietary computer program to be one of its trade secrets. SASCO also alleged that the individual defendants contacted a third-party that had put out a competitive bid and encouraged it to ignore SASCO’s bid and to award the job to Rosendin. After the parties engaged in what the court described as “fierce discovery battles,” defendants filed a motion for summary judgment and after obtaining a continuance of the hearing to conduct additional discovery, SASCO voluntarily dismissed the action without opposing the motion for summary judgment. Defendants moved for attorneys’ fees.

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Nails and Networking: A New Twist on the Traditional

Nails and Networkingby Lauri F. Rasnick

Professional women are busier than ever working their way up the corporate ladders, developing their relationships, and handling their personal responsibilities.  So, when can a girl get her nails done?

Well, according to a recent article published in the Wall Street Journal blog, more women are making manicure time into business time. Women are natural multi-taskers so this latest trend is of no surprise. It offers the opportunity to socialize and get something accomplished. Women who find it hard to get away and make time for things like manicures, can have an excuse to do so and women who regularly get them, can do it with the business aspect. It is a win-win.

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