Securities Law: Of pumping and dumping and painting the tape
Securities Law: Of pumping and dumping and painting the tape
07 August 2013 | By  Andrew Wallace
Last week the Financial Markets Authority (FMA) announced that it had filed the first market manipulation case to be taken in New Zealand...
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But is user generated content really advertising?
But is user generated content really advertising?
01 August 2013 | By  Rick Shera
I've written before about what seems to be a difference of opinion between the New Zealand Advertising Standards Authority (ASA) and its Australian cousin, the Advertising Standards Bureau (ASB), as to whether user generated comments (UGC) are subject to their respective codes ...
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Exclusivity: think before you ink
Exclusivity: think before you ink
16 July 2013 | By  Andrew Wallace
A recent high-profile stoush involving two Australian retail giants and a fashion designer has shone the spotlight on exclusivity arrangements. Whatever it is you do, if you’re looking at entering into an arrangement under which you’ll do that on an exclusive basis for the other side, there are three things it’s critical for you to think through...
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Lowdown - Winter 2013
Lowdown - Winter 2013
04 July 2013 | By  Lowndes Jordan
Welcome to the 2013 Winter edition of the Lowdown. In this edition we cover critical Law Changes in force as well as impending law changes On the Horizon. We also update you as to LJ News...
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New Trademark Clearinghouse for domain names
New Trademark Clearinghouse for domain names
01 July 2013 | By  Rick Shera  | 
The Internet Corporation for Assigned Names and Numbers (ICANN) has recently opened its Trademark Clearinghouse (TMCH) to help trade mark owners protect their brands in anticipation of the impending launch of hundreds of new gTLDs (generic top-level domains).
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Law Reform for Government Surveillance - the GCSB and TICS Bills
Law Reform for Government Surveillance - the GCSB and TICS Bills
28 June 2013 | By  Rick Shera
Two important pieces of legislation are currently being debated before Parliament, each relating to the expansion of the government’s ability to carry out surveillance on New Zealanders...
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Insurance – Funding of Fire Services
Insurance – Funding of Fire Services
24 June 2013 | By  Karl Stolberger  | Barbara Versfelt
The Government is undertaking a review of the Fire Service. Over time the functions performed by the fire services have changed and now cover a wider range of services, including non-fire emergency services. The funding arrangements in the applicable legislation no longer align with the services undertaken...
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Section 9 Law Reform Act 1936 – Charges over Insurance Money
Section 9 Law Reform Act 1936 – Charges over Insurance Money
24 June 2013 | By  Karl Stolberger
Where a liability arises under an insurance policy the Law Reform Act 1936 (Act) allows an injured third party to claim directly against another party's insurer. Usually this right is invoked where the insured is insolvent. Section 9 of the Act creates a charge over the relevant insurance monies in favour of the claimant and thus protects those monies from the claims of other creditors of an insolvent insured. An insurer cannot however be made liable beyond the scope of its obligations under the applicable policy...
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The Digital Afterlife
The Digital Afterlife
19 June 2013 | By  Stephanie Nicolson  | Rick Shera
What becomes of our online assets and identity after we die, and how can we ensure that they are treated appropriately by our executors?
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Three fundamentals for a successful joint venture
Three fundamentals for a successful joint venture
09 June 2013 | By  Andrew Wallace
So you’ve been looking at doing a joint venture with a business partner you know you can trust. You’ve done your due diligence and have got clear goals for what you want to get out of it. Now what? Well, whatever the legal structure you ultimately settle on (which will also involve tax and accounting considerations), there are three key areas you need to nail down. Without doing so, the venture is almost certainly destined to become a very costly headache...
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Time to put the three elements of unfairness to the test
Time to put the three elements of unfairness to the test
12 May 2013 | By  Andrew Wallace
Does your business contract with your customers on a set of standard terms? Or are you looking at putting a set of standard terms in place? If so, you need to be aware that proposed new rules against unfair contract terms look destined to become law later this year...
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Shipping - Commerce Act to be applicable to international shipping
Shipping - Commerce Act to be applicable to international shipping
07 May 2013 | By  Barbara Versfelt  | Karl Stolberger
The Minister of Commerce has announced that international shipping is to be placed within the framework of the Commerce Act 1986 ...
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