Latest Law Articles and News
When I started building a home media centre last year I discovered something unexpected. My focus was on building a living room hifi system. I wanted it for lossless computer-stored music (I use a Mac and iTunes), not MP3s, iPods, vinyl or CDs.
Being a music lawyer I'm into advice. I asked a audiophile friend for advice, he suggested certain brands and product types and recommended an experienced local hifi shop owner.
From January 2011, as part of the new Australian Consumer Law, a national unfair contracts legal regime affects contracts with consumers.
Section 23 of the new Competition and Consumer Act 2010 makes a term in a consumer contract void if the term is unfair and the contract is a standard form contract.
Let's examine those prerequisites from a consumer's perspective.
1. Am I a consumer?
You are a consumer if you acquire goods or services to an amount that does not exceed $40,000. Goods or services costing more than $40,000 are covered if they are of a kind ordinarily acquired for personal, domestic or household use or consumption.
How to improve contract drafting legal services
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Thursday, 20 January 2011 21:50
Noric Dilanchian
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The responsibility for producing faster, better and more economical legal work falls on lawyers, as well as clients.
Consider the client side of costs for contract drafting.
Fees will be higher if key business, commercial or technical considerations (collectively "management needs") are not dealt with before going to a contract drafting lawyer for "legal services".
It has to cost more to have the lawyer provide legal services as well as deal with or resolve management needs.
An online business website typically requires five key legally binding contracts. They form the foundation for building an online business.
No online business can live without them.
If they are not in place, or they are poorly prepared or assessed, any one of them can at any stage weaken or ruin a business.
So what are the five key contracts for an online business?
In 2004 the Winklevoss brothers sued Facebook saying they were robbed. Under a deal resulting from mediation they got a reported $US65 million (in a combination of shares and cash). In return Facebook bought, and subsequently closed, their competing social network, ConnectU. The deal was consummated in a February 2008 "Terms Sheet and Settlement Agreement".
In April 2010 the Winklevoss brothers commenced appeal proceedings seeking to unravel that Agreement. Why?
The continuing survival of WikiLeaks is a testament to the planning work carried out for the venture. Business, social and community disruptors take note - those currently in power don't take kindly to disruptors. WikiLeaks is a disruption for states, diplomats and the military-industrial complex.
More than ever WikiLeaks, a not-for-profit media organisation, is under POLITICAL ATTACK by states. Foreign policy heads of the U.S., Australia, France and Saudi Arabia have all sent negative signals about WikiLeaks.
In the information age, for WikiLeaks and its media allies (the New York Times and a few other traditional news publishers are paying WikiLeaks in its current "first look" payment arrangement), information is an asset, currency and tool.
It's a disruption because for states the game is about secrecy. Foreign Minister Kevin Rudd is quoted saying today: "The Australian government unequivocally condemns the action by any of those responsible for the unauthorised release of classified and confidential information and diplomatic communications between states."
Academic IP revenue rights in technology commercialisation
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Monday, 22 November 2010 08:36
Noric Dilanchian
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Years ago I had an enquiry from a former academic at a university. It was a simple matter and the client paid for the advice. The client then instructed me to advise on a separate matter. I found it was not possible to satisfy the client the second time around.
The background is the client had worked as an employed academic for some time at the university researching a technology.
The client had left academia to join a start-up company commercialising the technology first developed at the university.
The client instructed me to advise on claiming a share of commercialisation revenues which the start-up company had paid the university.
Read more: Academic IP revenue rights in technology commercialisation
11 variables for consultancy services agreements
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Tuesday, 09 November 2010 05:32
Noric Dilanchian
Lightbulb
Over many years of advising and working closely with consultants, I've perfected how to simplify contracts for consultancy services agreement.
I usually recommend a contract in a letter agreement format.
I normally title these "Consultancy Services Agreement". They are for services a consultant will provide to a client for a fee. The consultant is operating here as an independent contractor, not an employee.
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Lawyers help clients resolve contract law disputes even when there is no written contract. Usually the costs increase, but we have ways to reduce them.
Written contracts are great business tools. Complications arise when there is no written contract. This usually leads to missing (and often legally critical) details.
Australian intellectual property ("IP") law is a very large canvas. So is the concept of "lawyer". Without explanation, telling someone I'm an IP lawyer sends a vague message in my case. No, I don't go to court all the time. And no I don't get paid just for legal advice.
Certainly in most cases I have some focus on specific technical areas of IP law (eg copyright, confidential information or trade marks) or areas in the vast field known as "business law".
Yet what's often needed is also general or in-depth non-legal knowledge.
