Patents have a reputation of being difficult to read and understand and a key part of most patent litigation proceedings is ‘construing’ or providing meaning to the claims of the patent. A recent decision of the Federal Court considered a series of claims which it determined were not possible to be understood – the claims…
The right clickwrap agreement will protect your assets and business better than a standard contract; it also allows for higher profit potential. I Want One » Certain clickwrap, browserwrap and sign-in wrap agreements may soon be under legal fire. Anyone using — or considering using — these contracts should set aside a minute to read…
Read More “Clickwrap Agreement Case: Automatic Billing Enrollment – RM Warner Law” »
The term “EU arbitration law” may take some getting used to. After all, there is no EU arbitration act that would be comparable to, for instance, the English Arbitration Act 1996 or Chapter 12 of the Swiss Private International Law Act. Regulation (EC) No 593/2008 on the law applicable to contractual obligations (“Rome I Regulation“),…
2015 saw some very interesting cases in domain name law. On Monday, January 11, 2016, at 1 pm, there will be a short session highlighting some of the most important cases both under the UDRP and the ACPA. In addition, copies of Gerald Levine’s new UDRP book will be raffled off to the session attendees….
Future lawyers are also facing climate change. As this global crisis escalates, the role of legal training will be crucial. It calls for preparing students with a curriculum that rises to the occasion. Climate change is a universal challenge that affects every aspect of our lives. It impacts our health, economies and our direct environment….
Read More “Can law schools make a difference in the climate change battle?” »
Do you and your spouse struggle to compromise and reach agreements? If you’re seeking out a divorce, then that’s surely the case. A high-conflict divorce, however, happens when the relationship has become so toxic that reaching agreements is nearly impossible without the help of an outside third-party. Divorce proceedings are not about ‘winning’. Despite that,…
Screen grab from NBC News a moment before Babbitt was shot Ashli Babbitt was shot dead on January 6th while crashing through the Capitol in an attempt to stop electoral votes from being counted. Now her Estate wants to sue the Capitol Police and the (as yet unnamed) officer for wrongful death. This is, perhaps,…
So far 2022 has been a relatively slow year for policy changes by British Columbia’s Liquor and Cannabis Regulation Branch. Readers of A&A will know that over the last couple years (largely driven by COVID) government regulators had been rolling out some substantial changes to liquor policy. But 2022? Not so much. That changed a…
The effect of rapid development of generative AI on copyright law continues to challenge the lawmakers and courts. Whilst the UK High Court is yet to reach its decision on liability for copyright infringement in the AI training data in Getty Images v Stability AI, the Chinese case of Ultraman became the first to recognise…
Read More ““Awaken, the warrior of light” What lessons can we learn from Ultraman?” »
In today’s Air Europa Lineas Aéreas judgment (C-173/23) the CJEU looked into the application of the Unfair Contract Terms Directive (UCTD) to contracts concluded between air passengers and air carriers. Specifically, the passenger in case suffered damages as a result of a delay in receiving his checked-in baggage. He assigned his claim for damages against the…
