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Building a Better Construction Lawyer: Seeing a Project From the Owner’s Side

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We have all heard the old axiom: A lawyer who represents themself has a fool for a client. More truth than not in that statement, probably. But I recently learned an often unrepeated corollary: Being a client can make you a better lawyer. My career as a construction lawyer spans nearly 40 years.During that time, I have represented owners and Read More

Legislating for Brexit: Where do you start….preserve the status quo!

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General Observations With Brexit fast approaching, the risk of a “no deal” Brexit is very real unless significant progress is made in the next few weeks or an extension of the negotiation process is sought and granted. Our view (without any formal basis for it) is that there will be an extension and an orderly process of change management over Read More

Blowing the whistle: New Commonwealth laws provide additional protections for Australian whistleblowers

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A significant part of the community pressure that led to the Federal Government establishing the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Banking Royal Commission), after initially opposing it, came from whistleblowers. This, combined with the fact that the Banking Royal Commission uncovered many instances of conduct that that did not meet community expectations, has Read More

Informational Perhaps, But Not a Trademark!

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Recent Wal-Mart case before Trademark Trial and Appeal Board shows registering informational slogans remains a difficult endeavor One area of trademark law that continuously puzzles people is the tension between having a word or phrase associated with a product or service that is “informational” in that it immediately conveys to the consumer exactly what the product or service is, verses Read More

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

Companies may need a policy on work emails and calls after hours

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Should your business limit out-of-hours emails? Recent legal developments have raised the stakes on out-of-hours communications, and there are growing calls to give workers the right to disconnect. In addition, a wide range of multinationals – including Volkswagen and Axa – have introduced company policies against workers’ ‘hyperconnectedness’. It’s all part of a drive to protect workers against burnout and Read More

USPTO PROPOSES REQUIREMENT OF U.S.-LICENSED ATTORNEY FOR FOREIGN TRADEMARK APPLICANTS AND REGISTRANTS

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The U.S. Patent and Trademark Office (USPTO) is proposing to impose new obligations on many trademark applicants and registrants. In a notice of proposed rulemaking (NPRM) issued February 15, 2019, the agency said it is looking to require that any trademark applicant or registrant whose domicile or principal place of business is not located within the United States (U.S.) or its Read More

Employment Contracts in the UAE

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Employment laws in the United Arab Emirates (UAE) are generally known to be employee-friendly. The relationship between an employer and an employee in the UAE is governed by Federal Law No. 8 of 1980 relating to Labour Relations (UAE Labour Law). The UAE Ministry of Human Resources and Emiratisation (formerly Ministry of Labour and Social Affairs) has established a labour Read More

THE DIAGNOSIS POTENTIAL OF EXPORTATION

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During recent years, the administrative bodies of companies have searched to supply the decline of the internal demand of the national market and they have found the remedy to be able to maintain the level of sales, expand their business and ultimately to improve their income statement. To start a process of globalisation implies the assumption of a long-term compromise Read More