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Judge mulls joint trial of ACMA case, class action against Optus
Privacy & Cybersecurity 2024-06-14 3:35 pm By Sam Matthews

A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.

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eSafety Commissioner to drop court case against X over stabbing footage
X Corp 2024-06-05 1:14 pm By Christine Caulfield

The online safety watchdog has dropped her Federal Court action seeking to force X to put a worldwide block on graphic footage of the April stabbing of a religious leader at Wakeley, following a judge’s decision not to maintain an injunction against the social media platform.

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Pfizer calls out ‘impermissible fishing expedition’ in fight over Enbrel biosimilar
Intellectual Property 2024-06-05 10:17 pm By Andy Sidler

Drug giant Pfizer has blasted Samsung Bioepis’ “fishing expedition” in its suit alleging infringement of the patent for its blockbuster arthritis drug Enbrel, telling the court the Korean biotech should not be allowed to dig for new grounds of invalidity.  

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Judge gives vent to class action pet peeves in approving $1M Axsesstoday settlement
Class Actions 2024-05-30 11:11 pm By Sam Matthews

Approving a settlement between insurers and group members in an investor class action against lender Axsesstoday, a judge has aired his frustration with expansive confidentiality provisions and deeds that “misapprehend the nature of the court’s role” in dealing with group members’ claims. 

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McDonald’s says it can set off claims in class action over unpaid pre-shift work
Employment 2024-05-30 11:41 pm By Cindy Cameronne

McDonald’s has hit back at a class action over alleged unpaid work done by managers before and after shifts, saying it paid more than the minimum entitlements and is entitled to set off those payments against claims for compensation. 

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Otsuka defends validity of injectable Abilify patent, accuses Sun Pharma of infringement
Intellectual Property 2024-05-30 2:19 pm By Sam Matthews

Otsuka Pharmaceutical has hit back at suit filed by Indian generics company Sun Pharma seeking to invalidate its patent for blockbuster antipsychotic Abilify, filing a cross-claim seeking to restrain Sun Pharma from infringing the patent with a generic version of the drug.

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Noumi, ASIC fight ruling that privilege over PwC report waived during probe
Appeals 2024-05-28 11:27 pm By Cat Fredenburgh

Noumi and ASIC are challenging a finding that the food manufacturer waived legal professional privilege over a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst by disclosing the report during an ASIC investigation.

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Continuous disclosure case law may apply in Forge insider trading case, judge says
White Collar 2024-05-28 11:42 pm By Sam Matthews

A judge has left open the question of whether a line of authority relating to the materiality of information under the continuous disclosure regime could be relevant to a stoush between collapsed engineering firm Forge Group and Clough Group, saying the decisions may apply to cases alleging breaches of the insider trading provisions of the Corporations Act.

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X could have done more to shield users, including kids, from stabbing videos, court told
Social Media 2024-05-28 11:33 pm By Sam Matthews

The e-Safety Commissioner has expanded its case seeking to have X Corp remove posts that depict a stabbing of a bishop at a Sydney church, arguing X could have done more to prevent Australian users, including children and VPN users, from viewing the videos.

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Optus loses second bid to shield Deloitte report from class action
Class Actions 2024-05-27 11:23 am By Sam Matthews

Optus has lost its appeal of a decision that found the telco could not claim legal professional privilege over a Deloitte report into a major data breach, with an appeals court highlighting the lack of evidence from former CEO Kelly Bayer Rosmarin.

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