Category: Legal

The fight against illegal online content

Last month, the European Commission published the paper Towards an enhanced responsibility of online platforms concerning the fight against illegal online content. The Commission states that its aim is to “facilitate and intensify the implementation of good practices for preventing, detecting, removing and disabling access to illegal content”. It is hoped that the implementation of its guidelines will “ensure the effective removal of illegal content, [provide] increased transparency and [enhance] the protection of fundamental rights online”. Illegal online content is becoming more and more prevalent and its accessibility is increasing. The Commission considers that removing illegal online content “represents an urgent challenge” for online providers as this content poses “a serious threat to security and safety, as well as to the dignity of victims”. Purpose of the paperThe paper expressly targets internet service providers (ISPs), and has a general application across all forms of illegal online content. The Commission explains that “what is illegal offline is also illegal online”.  The Commission also states that online platforms should “decisively step up their actions” to prevent the spread of illegal online content noting the responsibilities they have derived as a result of their “central role in society”. The paper broadly covers three areas: Detecting and notifying illegal content; Removing illegal content; and Preventing the reappearance of illegal content. What effect will this have?The paper will be welcomed by intellectual property right owners....

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OGA release new guidance on ISPs and ISCs

The Energy Act 2016  was enacted to implement the recommendations of the Wood Review. The provisions are due to come into effect in October 2017. In preparation for this, the OGA has released new guidance with regard to the preparation and content of information and samples plans (ISPs), as well as what it expects from its interactions with information and samples coordinators (ISCs). Read more about the guidance and what to expect in our briefing...

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Client Update – business-to-business contract terms

In the ACCC’s first successful case under the new business-to-business unfair contract terms provisions, the Federal Court has declared (by consent) that eight terms of the standard form contracts of JJ Richards & Sons Pty Ltd (JJ Richards) for waste disposal are unfair, and therefore void, where the other party is a small business. The unfair contract terms provisions1, which previously only applied to consumers, were extended in November 2016 to cover small businesses. In early 2017, the ACCC announced that ensuring small businesses received the protection of the unfair contract terms law would be a key enforcement and...

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London client seminar: ICOs: all hype or the future of capital raisings? – 17 November 2017

​A&O’s London office will host a client breakfast briefing on ‘ICOs: all hype or the future of capital raisings?’ on Friday 17 November 2017. More than USD2 billion has been reportedly raised by way of initial coin offerings in recent months, highlighting a new trend in using blockchain technology for companies to access funding for product development or fundraising. But the swift rise of ICOs has unsurprisingly led to a flurry of bans, enforcement actions and commentary from regulators around the globe since the summer. This seminar will focus on the recent regulatory interventions, consider the key legal and regulatory issues relating to token issuances and look to how the market for ICOs will respond and mature over the coming months and years. The seminar will be led by Simon Toms and Michael Bloch. For further information or to register please click...

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Another stellar performance for WFW in Inframation Q3 2017 Project Finance League Tables

International law firm Watson Farley & Williams (“WFW”) has excelled once again in leading sector analysts Inframation’s Q3 2017 Project Finance League Table and Trend Report. WFW scored an impressive 29 top twenty rankings, up from 25 for H1 2017, including the following 12 top five rankings: 1st by Europe wide Renewables deal count; 1st by Germany deal count; 1st by Germany deal value; 1st by Nordics deal count; 1st by Spain deal count; 2nd by Global wide Renewables deal count; 3rd by Europe wide Renewables deal value; 4th by Europe wide deal count; 5th by EMEA wide deal count; 5th by France deal count; 5th by Global wide Renewables deal value; and 5th by Italy deal count. London Partner and Global Head of the Energy & Infrastructure sector Evan Stergoulis, commented: “WFW’s worldwide expertise in energy and infrastructure project financing, be it in Europe, Asia, or North America, and whether for renewables, social infrastructure or across the board has been recognised yet again by one of the sector’s leading global market analysts. Congratulations to all my colleagues across our office network for another stellar performance building on our H1 2017...

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The Lobbying (Scotland) Act 2016: Lobbying Register ‘go-live’

Last week, the Scottish Parliament announced that the ‘go-live’ date for the Lobbying Register set up by the Act is 12 March 2018. From that date, all regulated lobbying in Scotland will have to be registered on the Lobbying Register. Businesses and other organisations should take proactive steps now to work out how their interactions with MSPs and the Scottish Government will be affected and what compliance processes to put in place. Get all the details in our briefing...

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Imminent Australian competition law changes present new risks and opportunities

The framework for authorising and notifying conduct under the Act has been improved and the ACCC will be now empowered to make class exemptions and merger assessments, having regard to public benefits, not just competitive impacts. Merger clearance Currently the ACCC conducts merger clearance assessment, employing the test of whether or not the transaction would have the effect, or likely effect, of substantially lessening competition. Only the Australian Competition Tribunal may review proposed mergers by considering the public benefit of the transaction. Shortly, the ACCC will be permitted to make a decision in the first instance by reference to...

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US Financial Restructuring Newswire

With the combination of Chadbourne & Parke and Norton Rose Fulbright, we are continuing our publication of the International Restructuring Newswire under a new name the Norton Rose Fulbright US Financial Restructuring Newswire. This quarterly publication will focus on developments in the US and on cross-border cases between the US and other countries. Feature articles Firm...

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