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Document(s) published by this organization: 468


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HTMLDangers of Unilaterally Altering the Position of an Employee Who Exercises a Workplace Right: Federal Circuit Court Orders Significant Payout in Tiy Loy decisions
Adam Salter; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on April 2016
In the Cai v Tiy Loy & Co Ltd decisions, the Federal Circuit Court imposed significant compensation orders and penalties on an employer that moved an employee to a part-time role because the employee sought to exercise his right to access a workers' compensation scheme. The decisions serve as a...

 

HTMLU.S. Patent Office Releases "May 2016 Subject Matter Eligibility Update"
A. Patricia Campbell, David B. (Dave) Cochran, Janet M. McNicholas, Tamera M. (Tammy) Weisser; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on May 2016
On May 4, 2016, the United States Patent and Trademark Office ("USPTO") released a "May 2016 Subject Matter Eligibility Update" ("May 2016 Update"), which provides additional guidance to examiners on patent eligibility under 35 U.S.C. § 101, including providing...

 

HTMLAustralian Court Holds U.S. Online Company Liable for Breach of Australian Consumer Law
Prudence Smith, Nicolas Taylor; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on May 2016
The Federal Court of Australia has held that United States company Valve Corporation, through its online gaming platform, engaged in misleading or deceptive conduct and made false or misleading representations to Australian consumers. The Court determined Valve violated the consumer guarantees...

 

HTMLEmployer with a Single Employee Held Not to Be a "Small Business Employer" for the Purpose of Unfair Dismissal Claim Where Employees of an Associated Entity Are Taken into Account
Adam Salter; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on April 2016
Facts. In Pretorius v Gardens of Italy Pty Ltd [2016] FWC 2503 (22 April 2016), the applicant (Mr Pretorius) brought an unfair dismissal claim against his former employer ("Gardens") under section 394 of the FWA. The former employer objected to the application on a number of grounds,...

 

HTMLCorporate and Business Rescue in Australia: Insolvency Law Reform Process Continues as Government Releases Proposals Paper
Roger Dobson, Katie Higgins, Kai Luck; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on May 2016
On 7 December 2015, the Australian Government released its "National Innovation and Science Agenda" ("Agenda"). In the Agenda, the Government outlined its intention to make three significant reforms to Australia's insolvency laws, adopting the recommendations of the Productivity...

 

HTMLCourts Impose Harsh Penalties Against Companies and Director Found to Have Taken Adverse Action and Underpaid Foreign Workers
Adam Salter; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on April 2016
Factual Background. In Fair Work Ombudsman v Konsulteq Pty Ltd & Ors [2015] FCCA 182, the first and second respondents, Konsulteq Pty Ltd ("Konsulteq") and Konsulteq Upskilling and Training Services Pty Ltd ("KUTS"), were in the business of providing IT services and...

 

HTMLITC Institutes First 100-Day Pilot Program on Patent Validity
Richard (Rich) Fieman, Blaney Harper, David M. (Dave) Maiorana; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on May 2016
In 2013, the United States International Trade Commission ("ITC" or "Commission") launched its 100-day pilot program ("pilot program") to test whether early rulings on certain case-dispositive issues could limit unnecessary litigation. To date, the ITC has utilized the...

 

HTMLEmployer Granted Permission for Legal Representation in Unfair Dismissal Case Where Employer's In-House Representative Is Also Required to Appear as a Witness
Adam Salter; Jones Day;
Legal Alert/Article
May 31, 2016, previously published on April 2016
Factual Background. In Wilcox v Holcim (Australia) Pty Ltd [2016] FWC 2359, the Fair Work Commission ("FWC") considered the operation of section 596 of the FWA in the context of an unfair dismissal claim made by the applicant (Wilcox) against the respondent employer (Holcim). At a...

 

HTMLFederal Defend Trade Secrets Act Imposes New Notice Obligations on Employers
Rick Bergstrom; Jones Day;
Legal Alert/Article
May 30, 2016, previously published on May 2016
On April 27, 2016, Congress passed the Defend Trade Secrets Act of 2016 ("DTSA"), which was signed into law by President Obama on May 11. In addition to making important changes regarding trade secrets protection, the DTSA imposes a significant new notice requirement on employers related...

 

HTMLNew Federal Trade Secret Act Expands Trade Secret Rights
Kenneth S. (Ken) Canfield, Douglas L. (Doug) Clark, Randy Kay, Christopher M. (Chris) Morrison, Kelsey I. Nix; Jones Day;
Legal Alert/Article
May 30, 2016, previously published on May 2016
Trade secrets gained prominence as a federally protected form of intellectual property this week with the enactment of the Defend Trade Secrets Act of 2016 ("DTSA"). The DTSA provides federal civil protection against misappropriation of trade secrets. Victims of trade secret theft now...

 


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