Articles in Litigation

Freedom of expression in the world of higher education

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The recent EHRC guide aims to clarify the law to reduce conflict where people find their views are clashing. “They may take away our lives, but they'll never take our freedom!” Stirring stuff from Mel Gibson starring as William Wallace in the 90s film, ‘Braveheart’. In its recent publication “Freedom of expression: a guide for high education providers and students’ Read More

KEY LOCAL AGENCY TRANSPARENCY RULES APPLY TO CHARTER SCHOOLS, ACCORDING TO ATTORNEY GENERAL

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After seven years of consideration, the California Attorney General recently issued his opinion that longstanding local agency laws require charter schools to comply with the open meeting and records rules of the Brown Act and Public Records Act, and the conflict of interest disclosure and restrictions of the Political Reform Act.  For the vast majority of charters in the state, Read More

Alan J. Bozer, Joanna J. Chen Co-Author When the Whistle Blows in the White Collar Corner Section of The Daily Record

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White Collar Corner: When the Whistle Blows Imagine the scenario: You are in-house counsel for an organization, and you receive reports that government agents have contacted multiple employees at their personal residences. The U.S. Department of Justice then issues a subpoena to investigate po­tential False Claims Act (FCA) claims. You have good reason to suspect the claims have been brought forward Read More

When can a Telecoms Operator gain compulsory access to your site?

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At the end of 2017, the rules governing telecoms operators changed. Among other things, the new rules set out the conditions on which a telecoms operator can take access to a piece of land even when the occupier of the land does not agree. How the new rules will be enforced in practice is to some extent a matter for Read More

Federal Judge Strikes Down All of the Affordable Care Act

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On Friday, December 14, 2018, just hours before the end of open enrollment on the health care exchanges, U.S. District Judge Reed O’Connor, ruled to strike the entire Affordable Care Act (ACA). The ACA will remain in effect until the case is reviewed on appeal. Employers and individuals should continue to comply with the ACA’s terms in the 2019 plan Read More

New Australian law to provide further protections for copyright owners to block offshore pirate websites

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The Australian Senate’s Environment and Communications Legislation Committee is undertaking an inquiry into the Copyright Amendment (Online Infringement) Bill 2018 and is due to report on 26 November 2018. Given there is bipartisan political support for the Bill, which will expand the rights of copyright holders to obtain Federal Court injunctions to block offshore pirate websites, it is expected the Read More

Scottish Courts take a reasonable approach to implied time limits in commercial contracts

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Lord Clark heard proceedings in the Commercial Court in the Outer House of the Court of Session on an implied term importing a reasonable time restriction for the performance of obligations in a commercial contract. His decision supports the view that the omission of express timescales in connection with the performance of obligations in such contracts will not provide a Read More