July

Aereo's cloud of confusion: where to now for cloud computing services? - The Aereo decision has generated confusion in relation to what implications, if any, it will have for other cloud computing services. Timothy Webb and Nicole Landerer set out what it does – and doesn't – mean.
Are your employees' LinkedIn connections your trade secrets? - It's unclear if LinkedIn connections are trade secrets, but as Chris McLeod and James Neil show, employers can still take steps to ensure they don't walk out the door with ex-employees and into the arms of a competitor.
Australian carbon price finally repealed - The Australian Senate today passed the bills repealing the Clean Energy Act 2011, the centrepiece of the Australian carbon price scheme that commenced on 1 July 2012.
Australian carbon price repeal fails, for now - The Australian Senate has rejected the bills repealing the Clean Energy Act 2011, the centrepiece of the Australian carbon price scheme.
Carbon tax repeal - it's time to explain your prices! - Businesses have to comply with new disclosure requirements as part of the carbon tax repeal, or face tough penalties, say Paul Burton and Dan Howard.
Chapter 11 again mooted as an option for Australia's insolvency regime - A Senate Committee has said amendments to Australia's corporate insolvency laws should be considered to encourage and facilitate corporate turnarounds. What would this entail, ask Nick Poole and Peter Bowden.
Clayton Utz acts for Macquarie Capital on $60 million MQA placement to increase APRR stake - Clayton Utz has represented Macquarie Capital as Lead Manager on the placement by Macquarie Atlas Roads (MQA) of new MQA Stapled Securities to raise approximately $60 million.
Clayton Utz CEP committed to maintaining Momentum to achieve greater gender diversity - Direct action is needed if Australian law firms are to increase the level of representation of women in their partnerships and at senior levels, according to Clayton Utz chief executive partner (CEP) Rob Cutler.
Clayton Utz partner co-authors class actions law text, highlighting two decades of the industry's evolution - Australia has a highly mature class action procedure and an industry that continues to grow at a rate unlikely to have been anticipated when the first dedicated class action regime was introduced into the Federal Court over twenty years ago, says Clayton Utz partner Ross McInnes - the co-author of a new text on class actions law.
Clayton Utz represents Ridley Corporation on JV with Sanctuary Living for proposed Moolap site development - Clayton Utz has acted for ASX-listed Ridley Corporation (Ridley) on its entry into a joint venture (JV) agreement with Sanctuary Living for the potential development of Ridley's 465 hectare salt field site located at Moolap, near Geelong, into a world-class mixed residential and commercial project. The agreement was signed on 11 June.
CU and The Hunger Project Australia celebrate court win giving greater tax certainty to fundraising charities - Leading independent Australian law firm Clayton Utz has secured a significant win for our client The Hunger Project Australia (THPA) before the Full Federal Court, paving the way for not-for-profit organisations that are engaged in fundraising activities to seek endorsement as public benevolent institutions.
Cyber security: Risk management - Criminality and fraud, quite apart from terrorist activity, have gone digital, along with other business disruptors, so a cyber security governance framework with relevant compliance monitoring is essential. How do you check if yours works? Alexandra Wedutenko sets out the important steps to building a robust cyber barricade.
Does your business use third party telemarketers? A refresher on Do Not Call Register requirements - If you outsource telemarketing calls, any breach by your telemarketer could be your breach too. Sharon Segal looks at how you can ensure your third party telemarketer doesn't call up trouble for both of you.
Doing Business in Australia: Business structures - In this article taken from Clayton Utz's Doing Business in Australia, the essential guide for investors and business exploring commercial opportunities in Australia, we set out the basics of Australia's business structures.
Doing Business in Australia: Takeover laws - In this article taken from Clayton Utz's Doing Business in Australia, the essential guide for investors and business exploring commercial opportunities in Australia, we set out the basics of Australia's takeovers laws.
Entrepreneurial class actions suffer a blow - A simple decision on standing could have significant ramifications for a slew of shareholder class actions, as Ross McInnes and Alexandra Kennedy-Breit explain.
Entrepreneurial Class Actions: A Cautionary Tale - In April this year the Productivity Commission published a range of draft recommendations concerning access to justice, including the funding of Australian civil litigation by third parties and by lawyers.
Exclusion clause trumps $67m consequential loss claim - Two recent decisions highlight the importance of precisely defining exactly what type of loss is intended to be covered by the definition of "consequential loss", say Philip Dawson and Eliza Grant.
Financial System Inquiry Interim Report released - The Financial System Inquiry says the Australian financial system is operating effectively and not requiring broad systemic change, but does need a refresh to allow it to continue to meet future challenges.
Financial System Inquiry Interim Report: Prepare now for future challenges - Prudential regulation, globalisation and technology all affect Australian financial services – but are reforms needed to reflect this? Matthew Daley, Michelle Shraibman, and Mary Konstantopoulos set out the Financial System Inquiry's interim thoughts.
Forbearance as part of a lender's toolkit, part 1 - Matthew Wilson, Peter Bowden and Alistair Fleming set out the basics to forbearance, an alternative to enforcement.
Future of Financial Advice reforms survive Senate challenge - but more changes on the way - The newly reformed FoFA Regulations will be retained following the failure of a disallowance motion in the Senate, but further changes are expected later this year.
Improved safety for NSW workplaces - Twelve new Codes of Practice for work health and safety have just come into force, as Robbie Walker and Michael Byrnes explain.
Landmark sexual harassment judgment opens the gate for significant compensation claims - Anna Casellas and Jess Keogh say the Oracle case has highlighted a significant upward shift in compensation that may be awarded as a result of sexual harassment in the workplace.
New contamination reporting requirements in NSW would change assessment and reporting thresholds - Sites which previously did not trigger the duty to report under the Contaminated Land Management Act could do so under new draft Guidelines on the Duty to Report Contamination, say Nick Thomas, Claire Smith and Janelle Taylor.
Public Infrastructure: financing and bidding reforms? - Bruce Cooper and Peter Staciwa examine the financing and bidding reforms come out of the Productivity Commission's report on infrastructure funding.
Real E&R deal activity may protect bidders from bad deals - Bidders competing for energy and resources (E&R) assets during 2014 are likely to take a stricter approach to deal protections than in the past as M&A activity and competition heats up.
Remedies for unauthorised use of a certification trade mark - The power to award additional damages under the Trade Marks Act is aimed not at compensation but deterrence.
Sheesh! Kebab sellers' unauthorised trade mark certification a costly mistake - Brett Doyle finds some food for thought in a recent case involving halal certification, trade marks, and some kebabs.
Temporary relief from OTC derivatives reform under Phase 3: ASIC acknowledges practical limitations - ASIC has acknowledged the practical difficulties of complying with its new OTC derivatives reporting regime by staggering the start dates for Phase 3 reporting, as Sonia Goumenis and Brandy Tsang explain.
To disclose or not disclose? Some legal guidelines - Companies are encouraged to carefully consider the implications of disclosure of litigation, and D&Os to review their insurance and indemnity arrangements generally.
Warranty and indemnity insurance — Current trends and market developments in Australia - Warranty and indemnity insurance is continuing to make life easier for buyers (and sellers) to address risk in M&A transactions.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.