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JPMorgan tries to shield ASIC settlement negotiations in ANZ cartel case
ACCC 2021-06-01 4:09 pm By Miklos Bolza Sydney

JPMorgan is fighting to keep details of failed settlement talks with ASIC under wraps in criminal cartel proceedings over a $2.5 billion ANZ share placement, as ANZ seeks to uncover whether the corporate regulator made a deal with the investment bank ahead of the cartel case being filed.

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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Amy Campbell 2021-05-28 10:19 pm By Cindy Cameronne Sydney

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Climate change class actions likely as court finds duty of care owed to children
Ashurst 2021-05-28 2:03 pm By Miklos Bolza Sydney

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Class actions against Freedom Foods, Deloitte line up for second beauty parade since High Court nod
Alistair Pound 2021-05-20 10:48 pm By Miklos Bolza Sydney

The stage is set for a beauty parade of two shareholder class actions against Freedom Foods and Deloitte, and the judge overseeing the cases has embraced the recommendation of the High Court to appoint an independent barrister to represent group members in the contest.

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Peloton’s US$420M acquisition of Precor violated ‘spinning’ licence, court told
Ashurst 2021-05-19 1:28 pm By Cat Fredenburgh Melbourne

California-based fitness company Mad Dogg has accused Peloton Interactive of inducing breach of a non-compete through its $US420 million acquisition of commercial gym equipment manufacturer Precor, and has asked a court to block the company from using its ‘spinning’ trade marks in relation to its interactive exercise bikes.

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Aurizon accused of flagrant copyright infringement by software giant Dassault
Aurizon 2021-05-17 4:44 pm By Miklos Bolza Sydney

Queensland rail operator Aurizon has been sued for breach of contract and “flagrant” copyright infringement for allegedly using software produced by French software giant Dassault without the necessary licence.

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Banks can access JP Morgan’s ‘first accounts’ in ANZ cartel case
ACCC 2021-05-14 11:56 am By Cat Fredenburgh Melbourne

Several banks and executives facing criminal cartel charges over a $2.5 billion ANZ share placement have won access to interview notes taken by whistleblower JP Morgan prior to it being granted immunity, which the banks say will prove inconsistencies in the prosecution’s case.

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Gadens wins privilege fight over ‘malicious’ letter to building regulator
Benjamin Murphy 2021-05-13 5:26 pm By Cindy Cameronne Sydney

The director of building company Modscape has lost his bid to access Gadens’ advice concerning an allegedly false and malicious letter sent to the Victorian Building Authority that questioned his financial probity.

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IP lawyers welcome ‘patent box’ but say government should go further
Allens 2021-05-12 9:19 pm By Cat Fredenburgh Melbourne

Lawyers welcomed the government’s “overdue” announcement of a so-called patent box that will slash the tax rate on income derived from patented drug and biotech inventions developed in Australia, but called on the government to apply the regime to other sectors.

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Judge won’t keep sales figures confidential in epic Cargill, Viterra battle
Adam Purton 2021-05-11 3:55 pm By Miklos Bolza Sydney

A Victoria Supreme Court judge has rejected a post-trial bid to keep details of the 2019 sale of Cargill’s malt business under wraps in a long-running case over Viterra’s $420 million sale of its Joe White business, finding the move would be contrary to the principles of open justice where no harm from disclosure had been demonstrated.

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