The Law Report

The Law Report http://www.thelawreport.co.nz The Law Report 2013 The Personal Property Securties Act 1999 (PPSA) and Intellectual Property (24 May 2013) <p>Anyone buying, selling or licencing intellectual property (IP) assets in New Zealand or offering or taking them as security should be aware of the impact of the PPSA on those arrangements.</p> <p>This paper addresses the impact of the law on personal property securities on IP assignments, licences and other transactions involving IP assets and gives some practical advice to those involved in such transactions.</p> <p><a href="http://www.duncancotterill.com/index.cfm/1,159,830,-1,html?utm_source=feedly" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9131/the-personal-property-securties-act-1999-ppsa-and-intellectual-property-24-may-2013/">The Personal Property Securties Act 1999 (PPSA) and Intellectual Property (24 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9131/the-personal-property-securties-act-1999-ppsa-and-intellectual-property-24-may-2013/ Fri, 24 May 2013 00:00:00 +1200 Does a Graduate Law Degree Increase a Lawyer's Value? (24 May 2013) <p>Today, LL.M. degrees, a.k.a. Masters of Law, or, for the fancy, the Latin name Legum Magister, are offered in a variety of legal specialties ranging from trial advocacy to intellectual property to international law to taxation. Each of these areas of the law is a special niche that requires a precise knowledge of its legal concepts. The 24 credit hours spent in the classroom while obtaining an LL.M. will surely provide you with an in-depth understanding of the law in a specialized area, but will it help you get a job in this specialized area?</p> <p><a href="http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1368995377322&rss=rss_cc&utm_source=feedly&slreturn=20130423165346" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9126/does-a-graduate-law-degree-increase-a-lawyers-value-24-may-2013/">Does a Graduate Law Degree Increase a Lawyer's Value? (24 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9126/does-a-graduate-law-degree-increase-a-lawyers-value-24-may-2013/ Fri, 24 May 2013 00:00:00 +1200 What Are Liquidated Damages? (23 May 2013) <p>If you're signing a contract, it may contain a liquidated damages clause. But what exactly are liquidated damages?</p> <p>It's not just social media pariahs like Amy's Baking Company who have to deal with liquidated damages in contracts. More often than not, contracts that involve the exchange of money or the promise of performance have a liquidated damages stipulation.</p> <p><a href="http://blogs.findlaw.com/law_and_life/2013/05/what-are-liquidated-damages.html?utm_source=feedly&utm_medium=feed&utm_campaign=Feed%3A+LawAndLife+%28Law+and+Daily+Life%29" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9125/what-are-liquidated-damages-23-may-2013/"> What Are Liquidated Damages? (23 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9125/what-are-liquidated-damages-23-may-2013/ Fri, 24 May 2013 00:00:00 +1200 Ontario appeal court approves $750 rate, nearly $1 million bill (17 May 2013) <p>In two cost rulings favourable to lawyers, the Ontario Court of Appeal has approved law firm bills in separate family law cases, including a nearly $1-million tab from a leading counsel whose hourly rate was $750.</p> <p><a href="http://www.lawyersweekly.ca/index.php?section=article&articleid=1900&rssid=4&utm_source=feedly" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9123/ontario-appeal-court-approves-750-rate-nearly-1-million-bill-17-may-2013/">Ontario appeal court approves $750 rate, nearly $1 million bill (17 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9123/ontario-appeal-court-approves-750-rate-nearly-1-million-bill-17-may-2013/ Thu, 23 May 2013 00:00:00 +1200 Ace the interview by being prepared Know the company, know your resumé, know your strengths (24 May 2013) <p>As a lawyer, it’s the big break you’ve been waiting for: You’ve scored an interview at the law firm of your dreams and you’re about to be seen by the hiring manager.</p> <p>Though excited at the prospect, you’re a little nervous as you wait to be called into the interview room. What should you be thinking, doing, saying once you go through the door?</p> <p>Specialists that recruit and place lawyers in jobs say your appearance, demeanour and credentials are all important factors in swaying the manager. In other words, you have to dress the part, want the job and have the required schooling and articling experience.</p> <p><a href="http://www.lawyersweekly.ca/index.php?section=article&articleid=1909&rssid=4&utm_source=feedly" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9122/ace-the-interview-by-being-prepared-know-the-company-know-your-resum%C3%A9-know-your-strengths-24-may-2013/">Ace the interview by being prepared Know the company, know your resumé, know your strengths (24 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9122/ace-the-interview-by-being-prepared-know-the-company-know-your-resum%C3%A9-know-your-strengths-24-may-2013/ Thu, 23 May 2013 00:00:00 +1200 The evolution of expert evidence Concurrent evidence, pre-trial conferences among global trends (24 May 2013) <p>Expert opinion evidence continues to be a vital part of the adversarial litigation process. Few would dispute the need for this type of evidence, and many would say it is all the more important today, given the heightened complexities of daily life.</p> <p>But it is also fair to say that expert evidence is seen, notably by members of the judiciary, as somewhat of a necessary evil, as it occupies the grey area between fact evidence and judicial interpretation.</p> <p><a href="http://www.lawyersweekly.ca/index.php?section=article&articleid=1908&rssid=4&utm_source=feedly" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9121/%09the-evolution-of-expert-evidence-concurrent-evidence-pre-trial-conferences-among-global-trends-24-may-2013/"> The evolution of expert evidence Concurrent evidence, pre-trial conferences among global trends (24 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9121/%09the-evolution-of-expert-evidence-concurrent-evidence-pre-trial-conferences-among-global-trends-24-may-2013/ Thu, 23 May 2013 00:00:00 +1200 Shared accessways for home owners (15 May 2013) <p> Shared accessways for homeowners – are you unwittingly allowing your client to breach the Securities Act 1978?</p> <p>In recent years, multi-section land subdivisions and developments have become more and more common. In the past developers were often able to provide each section a private driveway to maximise the land value, it is now often inevitable for multiple sections to gain access through a complex shared accessway.</p> <p>Developers and their surveyors have to adopt an approach where the accessway is to be jointly owned and used by the sections to maximise the land use and maintain design imperatives. This is often being done without developers being aware that the Securities Act 1978 may apply. The consequences of non-compliance with the Securities Act 1978 could be significant and include voiding every sale that breaches the Securities Act.</p> <p><a href="http://www.glaister.co.nz/shared_accessways_for_home_owners/" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9120/shared-accessways-for-home-owners-15-may-2013/">Shared accessways for home owners (15 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9120/shared-accessways-for-home-owners-15-may-2013/ Thu, 23 May 2013 00:00:00 +1200 Housing Accords and Special Housing Areas Bill (May 2013) <p>A new bill that addresses national concerns around housing supply and affordability is currently before Parliament.</p> <p>The Housing Accords and Special Housing Areas Bill passed its first reading on 16 May 2013, and has been sent to the Select Committee for urgent consideration.</p> <p>It is a stand-alone piece of legislation which seeks to address New Zealand’s housing concerns by creating Special Housing Areas and Housing Accords. These mechanisms are intended to enable central Government and territorial authorities to work collaboratively, and signal a new approach for planning residential expansions.</p> <p><a href="http://www.andersonlloyd.co.nz/housing-accords-and-special-housing-areas-bill/" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9119/housing-accords-and-special-housing-areas-bill-may-2013/">Housing Accords and Special Housing Areas Bill (May 2013)</a></p> http://www.thelawreport.co.nz/articles/9119/housing-accords-and-special-housing-areas-bill-may-2013/ Thu, 23 May 2013 00:00:00 +1200 New Guidance on Costs in Solicitors’ Negligence Cases (May 2013) <p>The High Court recently confirmed the legal basis for clients trying to recover legal fees as damages in solicitors’ negligence cases.</p> <p>Former clients often seek damages for the consequences of a transaction gone wrong (such as the lost value of a property). But there has been a question mark over whether clients can claim wasted legal costs as damages, particularly where no other losses are claimed. The High Court has confirmed that they can.</p> <p><a href="http://www.andersonlloyd.co.nz/new-guidance-on-costs-in-solicitors-negligence-cases/" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9118/new-guidance-on-costs-in-solicitors%E2%80%99-negligence-cases-may-2013/">New Guidance on Costs in Solicitors’ Negligence Cases (May 2013)</a></p> http://www.thelawreport.co.nz/articles/9118/new-guidance-on-costs-in-solicitors%E2%80%99-negligence-cases-may-2013/ Thu, 23 May 2013 00:00:00 +1200 PC56 – Managing Urban Design and Amenity in Christchurch (21 May 2013) <p>Suburban centres are under the planning spotlight, with a proposed City Plan change that will enable greater scrutiny over the design and appearance of developments in Business 1, 2 and 2P zones in Christchurch. This follows some of the recent urban design initiatives taken through the Central City Blueprint process and in neighbouring districts. It has potential implications for a wide range of businesses and developers.</p> <p><a href="http://www.andersonlloyd.co.nz/pc56-managing-urban-design-and-amenity-in-christchurch/" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9117/pc56-%E2%80%93-managing-urban-design-and-amenity-in-christchurch-21-may-2013/"> PC56 – Managing Urban Design and Amenity in Christchurch (21 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9117/pc56-%E2%80%93-managing-urban-design-and-amenity-in-christchurch-21-may-2013/ Thu, 23 May 2013 00:00:00 +1200 NZ Patents Bill: How will it affect software patents in NZ? (13 May 2013) <p>In a Supplementary Order Paper (SOP No. 237) released on 9 May 2013, proposed amendments to the New Zealand Patents Bill have explicitly excluded computer programs 'as such' from patentability. Whilst many IT industry players have reportedly welcomed the decision as an effective ban on software patents, it appears that the extent of the exclusion is likely to be limited, and in practice is merely aligning the law with that of the UK.</p> <p><a href="http://www.davies.com.au/pub/detail/722/nz-patents-bill-how-will-it-affect-software-patents-in-nz" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9116/nz-patents-bill-how-will-it-affect-software-patents-in-nz-13-may-2013/">NZ Patents Bill: How will it affect software patents in NZ? (13 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9116/nz-patents-bill-how-will-it-affect-software-patents-in-nz-13-may-2013/ Thu, 23 May 2013 00:00:00 +1200 Insolvency - Uncertainty with use of the Peak Indebtedness Rule (15 May 2013) <p>A recent High Court decision, Shephard v Steel Building Products (Central) Limited [2013] NZHC 189 has refused to apply the peak indebtedness rule to the running account defence under s 292(4B) of the Companies Act 1993 leaving uncertainty about the application of the rule.</p> <p><a href="http://harknesshenry.co.nz/articles/view/article/12/268/insolvency-uncertainty-with-use-of-the-peak-indebtedness-rule" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9115/insolvency-uncertainty-with-use-of-the-peak-indebtedness-rule-15-may-2013/">Insolvency - Uncertainty with use of the Peak Indebtedness Rule (15 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9115/insolvency-uncertainty-with-use-of-the-peak-indebtedness-rule-15-may-2013/ Thu, 23 May 2013 00:00:00 +1200 The Employment Relations Amendment Bill (20 May 2013) <p>All parties appearing before the Employment Relations Authority are likely to welcome the proposed introduction of a three-month time limit for determinations. This is just one of a raft of changes included in the Employment Relations Amendment Bill which was introduced to Parliament on 26 April 2013.</p> <p>However, the proposal that Authority members will provide at least an oral indication – if not an oral determination – at the end of an investigation meeting, may not be such a good idea.</p> <p><a href="http://www.andersonlloyd.co.nz/the-employment-relations-amendment-bill/" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9114/the-employment-relations-amendment-bill-20-may-2013/"> The Employment Relations Amendment Bill (20 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9114/the-employment-relations-amendment-bill-20-may-2013/ Thu, 23 May 2013 00:00:00 +1200 Electronic Arts Loses at 3rd Cir: NCAA Football Star Can Sue Over Video Game (21 May 2013) <p>The video game industry is sure to take notice after a federal appeals court ruled that Electronic Arts can be sued by a former college quarterback who alleges EA stole his likeness for its popular “NCAA Football” game.</p> <p>Ryan Hart, who played for Rutgers from 2002 to 2005, may pursue his lawsuit against EA on allegations that the video game giant misappropriated his likeness for the popular video game.</p> <p><a href="http://blogs.findlaw.com/courtside/2013/05/electronic-arts-loses-at-3rd-cir-ncaa-football-star-can-sue-over-video-game.html?utm_source=feedly&utm_medium=feed&utm_campaign=Feed%3A+FLCourtSide+%28CourtSide%29" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9113/electronic-arts-loses-at-3rd-cir-ncaa-football-star-can-sue-over-video-game-21-may-2013/"> Electronic Arts Loses at 3rd Cir: NCAA Football Star Can Sue Over Video Game (21 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9113/electronic-arts-loses-at-3rd-cir-ncaa-football-star-can-sue-over-video-game-21-may-2013/ Thu, 23 May 2013 00:00:00 +1200 Trustees’ Duties in Discretionary Trusts (23 May 2013) <p>All too often people agree to be trustees without fully understanding that they are agreeing to significant duties and responsibilities. There are many different types of trusts but in this case, we will discuss the duties of trustees under a form of trust known as the “discretionary” or “family” trust. This is typically used by New Zealanders in the areas of estate, asset, and income tax planning and property protection.</p> <p><a href="http://www.minterellison.co.nz/publications/detail.aspx?publication=787&utm_source=feedly" target="_blank">Read more</a></p><p>Source: <a href="http://www.thelawreport.co.nz/articles/9109/trustees%E2%80%99-duties-in-discretionary-trusts-23-may-2013/">Trustees’ Duties in Discretionary Trusts (23 May 2013)</a></p> http://www.thelawreport.co.nz/articles/9109/trustees%E2%80%99-duties-in-discretionary-trusts-23-may-2013/ Thu, 23 May 2013 00:00:00 +1200