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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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Elaine Stead is ‘cretinously stupid’, AFR columnist tells court
Defamation 2020-12-07 10:08 pm By Miklos Bolza

The columnist behind two allegedly defamatory Australian Financial Review articles has told the court that he believed former Blue Sky managing director Dr Elaine Stead was “cretinously stupid” because of her “astonishingly ridiculous” behavior on social media at the time of the company’s collapse.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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PwC’s client urged to get separate lawyers in tax office stoush over legal privilege
Tax 2020-12-07 4:39 pm By Christine Caulfield

A court battle between the Australian Taxation Office and PricewaterhouseCoopers over the scope of legal professional privilege claimed by one of its major clients, meat processing giant JBS Australia, has hit a preliminary snag over the consulting giant’s representation of JBS, with a judge warning he might compel the company and its subsidiaries to engage independent lawyers.

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Rio Tinto claims cut from Deloitte age discrimination lawsuit
Employment 2020-12-04 10:46 pm By Cat Fredenburgh

Deloitte Touche Tohmatsu has succeeded in striking out claims that it made misrepresentations to Rio Tinto when it appointed a partner nearing the mandatory retirement age to a five-year project with the mining giant.

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Fairfax looks to pare Elaine Stead’s defamation case mid-trial
Defamation 2020-12-04 7:20 pm By Miklos Bolza

Nine-owned Fairfax has denied that two Australian Financial Review articles implied that venture capitalist Dr Elaine Stead “deliberately” destroyed capital, as it seeks to significantly reduce the defamation case it faces.

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AMP to tell advisers exiting BOLR program about class action
Class Actions 2020-12-04 12:47 pm By Cat Fredenburgh

The parties in a class action against AMP over changes to its buyer of last resort policy have agreed to a communications protocol making settlement offers and for releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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‘She’s got a claim’: Judge rejects PwC’s bid to shut down ex-director’s lawsuit
Employment 2020-12-04 12:04 pm By Cat Fredenburgh

PricewaterhouseCoopers won’t get a chance to seek summary dismissal of a lawsuit brought by a former company director who claims her notice of termination through DocuSign was invalid and that she was denied entitlements, with a judge saying the former employee had a claim and that the parties needed to “just get on with it”.

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Elaine Stead says ‘terrible investor’ label worse than being called a fraud
Defamation 2020-12-03 11:15 pm By Spencer Fowler Steen

Being called a fraud is not as bad as being labelled a “terrible investor”, venture capitalist Dr Elaine Stead has said during trial in her high-profile defamation case against the Nine-owned Fairfax over two articles about her involvement in the failed investment company Blue Sky.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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