Legal Updates

Parmesan or Parmigiano Reggiano? The answer is more complicated than just Geographical Indication

One of the ways that a “Geographical Indication”, or a “GI” can be protected in Australia is by registration of a ‘certification trade mark’. Certification trade marks are a specific type of trade mark registration designed to identify goods or services that meet certain standards or hold certain characteristics, including (but not limited to) goods that originate from a specific geographical region.

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Assumption of Risks in Sports: Two Recent Superior Court Decisions

There is a theory in civil liability called “assumption of risk”. This well-enshrined notion is based on the premise that an individual who willingly participates in a risky or dangerous activity and is aware of the inherent risks associated thereto cannot claim damages if he is injured when this risk or danger materializes. Two recent decisions illustrate that, while this notion has a limited application and depends on the facts and circumstances, liability claims still rest on the requirement of a fault.

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The Advantages of Setting Up an Electronic Money Institution

An Electronic Money Institution (EMI) is a market participant licensed by the Central Bank of Cyprus, which has the right to issue electronic money. Electronic money is pre-paid monetary value issued into circulation by an electronic money institution, held on electronic devices, which can be used for payment purposes. An EMI may also perform money remittances, payment transactions, provide cash deposit and withdrawal services as well as perform direct debit or credit transfers.

The full license for electronic money is not limited in either time or area of activities. Thus, a holder of the EMI license in Cyprus shall be allowed to provide any services in the European Economic Area (EEA) without having to undergo a licensing procedure in any other member state. After the license in Cyprus is obtained the EMI may provide services in other EEA member states by means of passporting (with the use of freedom to provide services). This financial structure allows solving the main complexity of the current world economic situation for a large transnational business – banking services and international transfers. Read more…

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New York City’s Automated Employment Decision Tools Law Enforcement Postponed Until April 15, 2023

As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an effective date of January 1, 2023.  In late September 2022, we reported about the New York City Department of Consumer and Worker Protection (“DCWP”) issuing a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to the AEDT law.  The hearing subsequently took place on November 4, 2022, and dozens of organizations and individuals submitted comments, leaving many observers wondering whether the comments would impact the quickly approaching January 1, 2023 enforcement date and how the DCWP would interpret the law.

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NLRB General Counsel Proposes Lower Standard for Requiring Employers to Provide Financial Information

In an Advice Memorandum dated April 20, 2022 and released on November 30, 2022, the Division of Advice within the National Labor Relations Board’s (“NLRB” or “Board”) Office of the General Counsel urged the Board to overturn existing Board law to significantly lower the standard for when an employer must furnish the union with its general financial information. This latest push to bolster unions during bargaining follows the NLRB’s General Counsel Jennifer Abruzzo’s (“GC”) issuance of Memorandum GC 21-04 regarding Mandatory Submissions to Advice on August 12, 2021, wherein she signaled her intent to change this standard.

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New Federal Law Limits Enforceability of Predispute Nondisclosure and Nondisparagement Clauses Related to Sexual Harassment

The Speak Out Act (the Act), which imposes limits on the judicial enforcement of predispute nondisclosure and nondisparagement provisions as they relate to sexual harassment and sexual assault, was signed into law by President Biden on December 7, 2022.OverviewThe Act provides that with respect to disputes involving sexual harassment or sexual assault, nondisclosure and nondisparagement clauses that were agreed to before a dispute arose are not legally enforceable in instances where the misconduct is alleged to have violated federal, state or tribal law. Read more…

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GETTING ON THE ‘PROPERTY LADDER’: A GUIDE FOR FIRST TIME BUYERS IN SCOTLAND

Buying a property is typically the biggest purchase that a person makes in their life and doing it for the first time can be especially daunting and confusing. While algebra continues to be taught in schools, knowledge of the process when it comes to buying a property is normally a case of learning on the job. To assist, here is a brief guide for those looking to get on the ‘property ladder’ (please refer to the Glossary at the end of this article for terms that may be unfamiliar). Read more…

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Important changes to the Fair Work Act

Amendments to the Fair Work Act come into effect today which have implications for all employers. Important changes include: Pay Secrecy Clauses that require employees to keep details of their remuneration and terms and conditions of employment confidential are now prohibited and must not be included in new contracts. Any existing pay secrecy clauses will no longer have any effect.

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Spilling Secrets Podcast: Top Trade Secret and Non-Compete Developments of 2022

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:

The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In this episode, we’re running down the key trends of 2022.

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Issue Spotting Is Not Whistleblowing

Laws protecting whistleblowers generally afford anti-retaliation protections when employees “step out of their role” to report discrimination and dangerous or illegal activity, but not to employees when they are performing their issue spotting job duties.  Employers who understand this distinction are well positioned to manage underperforming employees in sensitive issue-spotting roles such as information technology, compliance, internal audit and even in-house counsel without running afoul of anti-retaliation laws.  The Second Circuit Court of Appeal’s recent decision affirming the Southern District of New York’s dismissal of whistleblower retaliation claims in Johnson v. Board of Education Retirement System of City of New York illustrates this distinction.

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