Monthly Archives: December, 2020

‘Contracts Issues in JLM v Hayley Paige Gutman

“We don’t write much about fashion in this space. In a case we may have mentioned before, Judge Cardozo was downright contemptuous of the notion that Lady Duff-Gordon might be engaged in something akin to artistry. No judge today would write of a fashion designer this way …” (more) [Jeremy Telman, ContractsProf Blog, 30 December]

Asaf Raz, ‘Mandatory Arbitration and the Boundaries of Corporate Law’

ABSTRACT A storm is brewing on the corporate law horizon. Several recent judicial developments, which this Article ties together for the first time, present the most refined opportunity yet for mandatory arbitration – today prevalent in consumer and employment contracts – to enter the corporate law sphere, shutting the courthouse doors before corporate entities and […]

Rita Matulionyte, ‘Australian Copyright Law Impedes the Development of Artificial Intelligence: What Are the Options?’

ABSTRACT Artificial Intelligence (AI) is an emerging technology that has a huge potential in contributing to the Australian economy and addressing economic and social problems in society. However, Australian copyright laws are likely to impede the development of AI, and machine learning in particular, by requiring authorization every time when copyrighted content is used in […]

Alexander and Edwards, ‘What are the duties of an outgoing trustee?’

ABSTRACT The recent case of Geneva Trust Company SA v D and Ors [2020] JRC 104 has served to shed interesting new light on the duties of outgoing trustees regarding disclosure of documents and information (in other words, trust records) by a retiring trustee to a new trustee. The general principles of Jersey law in […]

Klea Vyshka, ‘Direct Actions against Insurers in Cross-Border Traffic Accidents in a Europeanised Private International Law – What Protection For The Injured Parties?’

ABSTRACT This article offers a discussion of the law applicable to cross-border traffic accidents, from the perspective of the protection of injured parties. The introduction of principles like direct actions against insurers by injured third parties (forum actoris), mostly because of CJEU’s liberal approach, puts into question the relationship between European private international law and […]

Michael Conklin, ‘The Big Problem with the Small Penis Rule: Why It Does Not Limit Defamation Liability’

ABSTRACT The small penis rule is an informal strategy for limiting defamation liability for authors of fiction. The rule recommends that when an author utilizes a fictional character to defame a real-life person, he should also give the character a small penis – the logic being that in order to sue, a plaintiff would have […]

Florian Möslein, ‘Blockchain Applications and Company Law’

ABSTRACT Blockchain applications begin to transform both companies and company law. At Member State level, for example, the German government has recently commissioned a study to examine the suitability and need for reform of company law in view of blockchain applications. The European Commission also takes a close look at the intersection of blockchain and […]

Pangle and Cotropia, ‘Can IP Rights Be Reconceived Via Music Modernization Act?’

ABSTRACT The Music Modernization Act, passed in 2018, offers added momentum to a budding reconceptualization of intellectual property rights. First triggered by Oil States Energy Services, LLC v Greene’s Energy Group LLC, the US Supreme Court effectively ‘rebundled’ patent rights into two separate bundles: private rights and public rights. Included as a public right, notably, […]

‘Top 10 Defamation Cases 2020’

“In 2020 there were many significant defamation cases from across the United States, United Kingdom and Australia. These cases provided prominent forums for defamation cases and facilitated for significant development, analysis and application of the law …” (more) [The Privacy Perspective, 30 December]

‘Webinars everywhere! A look from my Article 17 obsessed eyes’

“For all its hardships, the pandemic has been a fruitful time for webinars. While they are not a complete replacement for real world seminars, there is a distinct advantage to being able to attend many conferences, seminars and lectures from home and still feel part of the IP community. Here is a summary of some […]