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Contingency fees for class action lawyers are allowed, says Full Court
Class Actions 2024-07-05 11:05 am By Cindy Cameronne

Lawyers are allowed to take a cut from a class action settlement or judgment under a so-called solicitors’ common fund order, the Full Federal Court has ruled, saying they are a permissive use of the court’s power.

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‘Contrary to commercial reality’: Google takes aim at Epic Games’ competition case
Trials 2024-07-02 11:47 pm By Sam Matthews

Google has slammed Fortnite game maker Epic Games’ landmark competition case against it as “contrary to commercial reality”, saying its competition with rival tech giant Apple means it is no monopolist.

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Apple decries Epic Games’ attempted ‘freeriding’ in competition case over lucrative app stores
Trials 2024-06-28 11:48 pm By Sam Matthews

In a landmark competition case, Apple has told the Federal Court that Epic Games and other developers should not be allowed to “freeride” on the resources and user base the tech giant has “spent many billions” to develop. 

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Five years in, Meta goes on offensive in competition case by social media start-up
Competition & Consumer Protection 2024-06-27 11:15 pm By Sam Matthews

Five years after it was first hit with a competition case by Dialogue Consulting, Meta has filed a cross-claim against the Melbourne social media company, alleging it collects and stores Instagram user login credentials and instructs clients to provide inaccurate information to the platform.

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Samsung Bioepis’ ‘scattergun approach’ dooms bid for R&D docs in fight over Pfizer’s Enbrel patent
Intellectual Property 2024-06-27 11:54 pm By Andy Sidler

A judge has rejected Samsung Bioepis’ bid to discover research and development documents from Pfizer as it seeks to invalidate the drug giant’s patent for its blockbuster autoimmune drug Enbrel, agreeing with Pfizer that it may be “no more than an exercise in fishing”.

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Google attacked for ‘untruthful evidence’, failure to call top execs in Epic Games trial
Trials 2024-06-25 11:55 pm By Sam Matthews

Epic Games has taken aim at Google for the “untruthful evidence” of its witnesses in the game maker’s competition case against the tech giant, as well as its failure to call senior executives to the stand to defend itself. 

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Who’ll stop the claim: Creedence Clearwater Revival singer shuts down case over festival gig
Arbitration 2024-06-25 11:59 pm By Andy Sidler

A contract dispute between Creedence Clearwater Revival frontman John Fogerty and Country Fest Queensland will be arbitrated in California, after a judge found equivalent claims could not be brought under Queensland law.

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No docs, no Tim Cook: Epic Games assails Apple’s ‘contrived’ defence in trial’s closing arguments
Trials 2024-06-24 11:11 pm By Sam Matthews

Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.

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Mattress company Sleeping Duck prevails in shareholder’s oppression lawsuit
Retail 2024-06-17 3:22 pm By Christine Caulfield

Sleeping Duck has defeated a minority shareholder’s case accusing it of engaging in oppression, with a judge rejecting claims the mattress company’s two founders diluted the shareholder’s interest and rejected commercially unreasonable offers to sell.

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Ex-CEO won’t claim ‘primary responsibility’ for Zambrero’s success
Competition & Consumer Protection 2024-06-14 11:04 pm By Sam Matthews

Mexican fast food giant Zambrero has settled misleading and deceptive conduct claims brought against ex-CEO Stuart Cook, who has agreed to refrain from representing that he is “primarily responsible” for the chain’s success. 

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