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Garmin settles misuse of market power case by largest Australian supplier
Competition & Consumer Protection 2019-11-19 3:53 pm By Christine Caulfield

Garmin has reached a settlement in a competition case brought by its former exclusive Australian distributor alleging the GPS technology giant misused its market power after the supplier refused to give up its five best customers.

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Part of K&L Gates’ employment team strikes out on its own
Business of Law 2019-11-18 4:30 am By Cat Fredenburgh

A sizeable group of employment lawyers from K&L Gates has parted ways with the US legal giant to set up its own specialist shop, shaking up the market for employment law services in Australia.

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Key insight into claim on Warranty & Indemnity insurance
Expert Insights 2019-11-14 9:35 pm By Christine Caulfield

The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.

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Juno challenges validity of patent for Pfizer’s pain drug Dynastat
Intellectual Property 2019-11-12 9:44 pm By Christine Caulfield

Australian drug maker Juno Pharmaceuticals has hit back at claims it is infringing the patent for US-based Pfizer’s post-operative pain killer Dynastat, saying the patent is invalid.

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Claims of class action explosion don’t add up, new report says
Exclusive 2019-11-11 4:40 pm By Christine Caulfield

An average of 23 class actions have been filed every year in Australia since the class action regime was introduced in 1992, a number that belies recent claims of an explosion in litigation, a new report by a leading class action expert says.

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Staffing company faces $45M worker misclassification class action
Class Actions 2019-11-05 10:07 pm By Cat Fredenburgh

A unit of staffing company Programmed has become the latest target of a litigation blitz over casual workers, with the company facing a $45 million class action for allegedly failing to pay workers accrued annual leave and other entitlements.

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In watershed Google case, ACCC faces familiar challenge
Analysis 2019-10-30 11:22 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission’s high-stakes case against Google is the first of its kind worldwide targeting the tech giant’s data collection practices. The ACCC is in familiar territory in bringing a front-page legal challenge under the consumer laws that will require it to prove misleading conduct by silence, but if recent losses by the regulator are any guide, it could face an uphill battle.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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High Court to hear Securency appeal after $65M ‘shabby fraud’ award slashed
Article 2019-10-23 4:43 pm By Miklos Bolza

The High Court has granted a Nigerian agent tricked into terminating his contract with international bank note manufacturer CCL Secure special leave to appeal a Full Federal Court judgment slashing a $65 million award in his favour.

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Delegate denies opposition to Kraft changes to heat-resistant chocolate patent
Intellectual Property 2019-10-23 4:35 pm By Cat Fredenburgh

Kraft Foods can amend its patent application for a chocolate that doesn’t melt in the summer months, after a delegate found many of the claims of the patent lacked clarity and support.

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