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Archive for ‘Substantive Law: Foreign Law’

Charlie Sheen’s $100 Million Claim

The fiasco of everything Charlie Sheen could only properly culminate in a lawsuit.

A breach of contract claim was filed today in Los Angeles by entertainment law firm Lavely & Singer for $100 million against Warner Bros. (WB Studio Enterprises, Inc.) and Hollywood executive producer Chuck Lorre.

A summary of the claim is available at The Globe. . . . [more]

Posted in: Substantive Law: Foreign Law

Google Off the Hook for Its Images in France

The Paris Court of Appeal decided in late January that Google was not liable to the holders of copyright in images found through the search engine, for publishing their images or for contributing to infringing uses of the images. A summary of the decision (in French) is here.

The court held that both Google Inc and its French subsidiary were subject to the jurisdiction of the court, and that the searches had occurred in France. However, the images located by Google were those on the publicly accessible sites of the content owners. Google could not be held responsible for . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Three From the World

Since I’m in rural Spain, I’ve no facilities for lengthy posts, so three pointers to interesting items from elsewhere in the world.

Let’s start with the best legal research sites you’ve never heard of. In an interview with LegallyIndia today, the ILS Pune Mooting Team – on their way to DC for the Jessup moot – were asked what research databases they used. Here is the answer:

MPL: How many online databases did you use for mooting research? Which, according to you, is the best online legal database?

Madhupreetha: Westlaw, Lexisnexis, Maxplanck, Oxford reports and Oxford Scholarship online were some

. . . [more]
Posted in: Miscellaneous, Practice of Law: Future of Practice, Substantive Law: Foreign Law, Substantive Law: Legislation

Cornish Pasty Makes the EU Protected List

We learn last week that the Cornish pasty is safe at last from plain pasties passing themselves off as being from Cornwall, thanks to a decision by the European Union to give that delicacy Protected Geographical Indication status. In this it joins 19 other UK products and over a thousand from elsewhere in Europe protected by GI (“geographical indication”), DO (“designation of origin”), or TSG (“traditional speciality guaranteed”) status under European law.

There’s a designation database available online that you can search or browse by country, product and protection type.

A very few non-European nations can be found in the . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

EU Launches Public Consulltation on E-Signatures

The European Union has begun a public consultation on online authentication in the context of its review of its Electronic Signature Directive of 1999.

An early assertion in the press release is this: “difficulties in verifying people’s identities and signatures are a significant factor holding back the development of the EU’s online economy.”

Is this true, in your view or in your experience? How often is identification of the other party to a transaction, or authentication of an identity one already knows, a concern, compared to, for example, the solvency of the party, the quality of the goods offered, the . . . [more]

Posted in: Substantive Law: Foreign Law, ulc_ecomm_list

A ‘common’ Law of Consumer Contracts for Online Dispute Resolution?

The European Union has been thinking about the disharmony of its consumer laws and the disincentive that this can pose to cross-border commerce, particularly e-commerce. This disincentive may be greater because the Rome Treaty requires that consumer disputes be resolved in the courts of the consumer’s residence according to the law of that place. B2C e-commerce among EU countries is not expanding along with domestic B2C e-commerce.

The EU has come up with a proposal to have a ‘28th law’ (in addition to the law of the 27 member states), being a common consumer law that could be opted into . . . [more]

Posted in: Substantive Law: Foreign Law, ulc_ecomm_list

The Jaime Laskis Discrimination Suit

The Toronto Star is running a front-page story today about Jaime Laskis, a former associate at the New York offices of Osler, Hoskin and Harcourt, alleging discrimination. The Statement of Claim, filed in the District Court of New York by Liddle & Robinson LLP, can be viewed here.

Laskis complained about the allegedly discriminatory behaviour, and the individual responsible was eventually removed from the position of Legal Professional Committee (LPC) representative, and internal review committee within the firm. However, Laskis claims that she continued to be underpaid and treated unfairly even after this removal.

She was eventually . . . [more]

Posted in: Practice of Law: Practice Management, Substantive Law: Foreign Law

European Court of Human Rights 2010 Annual Report

The European Court of Human Rights (ECHR), based in Strasbourg, recently released its annual report for 2010.

The ECHR hears complaints from individuals living in any of the member states of the Council of Europe about violations of the European Convention of Human Rights. The Council of Europe is one of the continent’s oldest political organizations, founded in 1949. It has 47 member countries.

Among the statistical highlights of 2010:

  • approximately half of the judgments delivered by the Court concerned four of the Council of Europe’s forty-seven member States: Turkey (278 judgments), Russia (217 judgments), Romania (143 judgments)
. . . [more]
Posted in: Substantive Law: Foreign Law

Insults in Germany Are Offences

According to SpiegelOnline:

A regional politician in Germany has been sentenced to pay a fine of 1,500 euros or spend 50 days in prison because he allegedly called Thilo Sarrazin, the author of an incendiary book about Muslim immigrants, an “ass.” If he loses his appeal, the Left Party official has vowed to opt for the jail term.

That’s “ass” as in donkey, mind you. But just in case that didn’t cover the field, Helmut Manz, the politician in question, subsequently told the Bild newspaper, “All racists, which therefore includes Mr. Sarrazin, are assholes.” The German “Arschloch” is a . . . [more]

Posted in: Substantive Law: Foreign Law

Egypt and Al Franken

Wired has an article today about how exactly Egyptian officials managed to shut down the internet there, in an effort to suppress speech. This happened yesterday, and while news is not hard to find (Al Jazeera seems to have the most complete coverage), I gather the shut-down has hampered protesters considerably.

As a result, the “Obama’s Internet Kill-Switch” issue has taken on new profile. Here are some leads into the Lieberman-Collins Bill.

And in related news, corporate control of internet traffic in the US faces an encouraging initiative from Senators Maria Cantwell and Al Franken: A . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet

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