Twitter Joke Trial Returns to Court – Reported Irish Times 27.06.12

Paul Chambers, an accountant in the UK, found guilty of sending a menacing tweet has renewed his challenge against his conviction in the High Court today Three judges, headed by the Lord Chief Justice have started a review of his case. The accountant was fined £385 and ordered to pay £600 costs [...]

By |2019-10-18T10:16:01+00:00June 27th, 2012|social media|Comments Off on Twitter Joke Trial Returns to Court – Reported Irish Times 27.06.12

New Louisiana law requires sex offenders/child predators to state their criminal status on Facebook

Interesting report on CNN The new Louisiana law states that sex offenders and child predators "shall include in his profile for the networking website an indication that he is a sex offender or child predator and shall include notice of the crime for which he was convicted, the jurisdiction of [...]

By |2019-10-18T10:15:38+00:00June 26th, 2012|Facebook, Privacy, social media|Comments Off on New Louisiana law requires sex offenders/child predators to state their criminal status on Facebook

Can an employer’s MySpace Profile and “Friends” List qualify as trade secrets?

In the case of Christou et al. v Beatport LLC et al, the United States District Court for Colorado has ruled that an employer's MySpace Profile and "Friends" List can qualify as trade secrets. In this case Regas Christou sued a former employee turned rival nightclub owner, Bradley Roulier for (amongst other things) theft of trade [...]

By |2019-10-18T10:15:39+00:00June 26th, 2012|social media|Comments Off on Can an employer’s MySpace Profile and “Friends” List qualify as trade secrets?

Canadian Case highlights the perils of email campaign when “word of mouth” goes wrong!

In a recent Ontario case, Canada Inc. (Ameublement Prestige Furniture) v Bisaillon, a retailer was awarded $15,000 Canadian Dollars in damages for defamation after the daughter of an unsatisfied customer began an e-mail campaign. In this case the customer had purchased a dining room table which was damaged and there were attempts to [...]

By |2019-10-18T10:15:39+00:00June 26th, 2012|social media|Comments Off on Canadian Case highlights the perils of email campaign when “word of mouth” goes wrong!

Annual Leave and Sick Leave – Schulte & Neidel

The ongoing debate between sick leave and annual leave continues to trouble the European Court of Justice, with the latest challenge focusing on the amount of leave a sick worker can carry over and the carry over period for such leave. In the case of KHS AG v Winfried Schulte, the [...]

By |2019-10-18T10:15:39+00:00June 26th, 2012|Annual Leave and Sick Leave|Comments Off on Annual Leave and Sick Leave – Schulte & Neidel

New Draft Scheme of Irish Anti Corruption Legislation Published 20th June 2012

The Irish Minister for Justice and Equality, Mr Alan Shatter, published the Draft Scheme of the Criminal Justice (Corruption) Bill 2012 on Wednesday 20th June 2012. The Draft Scheme includes some of the measures recommended by the Mahon Tribunal Report published in recent months. Amongst the new measures included in [...]

By |2019-10-18T10:15:39+00:00June 26th, 2012|Criminal Justice (Anti Corruption) Bill 2012, white collar crime|Comments Off on New Draft Scheme of Irish Anti Corruption Legislation Published 20th June 2012

TUPE and pension liabilities

The question before the High Court in Procter & Gamble Company v Svenska Cellulosa Aktiebolaget Sca and another [2012] EWCH 1257 was whether liability for early retirement benefits transferred to SCA. Here Procter and Gamble ("P&G") sold it's European business to SCA in 2007, TUPE was applied and the P&G employees transferred across. P&G operared a defined [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|pensions, TUPE|Comments Off on TUPE and pension liabilities

Is the High Court on Facebook? – Lexology

Is the High Court on Facebook? - Lexology. In (1) Ako Capital LLP (2) Ako Master Fund Limited v TFS Derivatives Limited), before granting permission, the High Court in the UK sought assurances that (a) the relevant Facebook account belonged to the person in question and (b) the individual habitually checked the account. The [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|Facebook, social media|Comments Off on Is the High Court on Facebook? – Lexology

Case – Compulsory Retirement Age directly discriminatory but capable of justification

Interesting case in the UK Seldon v. Clarkson Wright and Jakes 2012UKSC16  whereby the Supreme Court held that the compulsory retirement age contained in the firm’s deed of partnership was a directly discriminatory measure but that it was capable of justification.  The case was remitted back to the Employment Tribunal for consideration [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|retirement age|Comments Off on Case – Compulsory Retirement Age directly discriminatory but capable of justification

Did Google dodge another bullett?

Interesting article on whether Google through gathering data for it's Google Maps Street View Cars was involved in significant breaches of data protection and privacy laws. After its 17 month investigation, it was concluded that Google did not engage in illegal wiretapping because the data (obtained through unencrypted wi fi routers) was [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|data protection, google, Privacy|Comments Off on Did Google dodge another bullett?

Maryland Bill prohibiting employers for seeking social media passwords expected to take effect on 1 October 2012

During a recent talk in Deloitte on "Social Media and the Law", I spoke about the fact that Maryland became the first state in the US to ban employers from asking both employees and job applicants for their social media passwords.  The bill, which passed both houses of Maryland’s legislature, is expected to be [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|passwords, Privacy, social media|Comments Off on Maryland Bill prohibiting employers for seeking social media passwords expected to take effect on 1 October 2012

Recent Interesting Health and Safety Law case concerning a pharmaceutical company in H&S Review June 2012

Recent interesting decisions highlighted in the Health and Safety Review for June 2012 The first decision (DPP for HSA v Corden Pharma Limited: Cork Circuit Court, June 2012) resulted in a fine for the company of €300,000 and it was ordered to pay the HSA's investigations costs of €27,193 and [...]

By |2019-10-18T10:15:39+00:00June 13th, 2012|Health and Safety Law|Comments Off on Recent Interesting Health and Safety Law case concerning a pharmaceutical company in H&S Review June 2012

First Corporate Manslaughter Prosecution in North Ireland

In the first corporate manslaughter prosecution in Northern Ireland, a pig farming company was fined 187,000 (approx €232,000) (reported in Health and Safety Review June 2012) The case of R v JMW Farm Limited, Belfast Crown Court, June 2012 concerned a worker who was killed when a large metal bin [...]

By |2019-10-18T10:15:39+00:00June 13th, 2012|Health and Safety Law|Comments Off on First Corporate Manslaughter Prosecution in North Ireland

Is a Parent Company responsible for it’s subsidiaries Health and Safety Law Policies?

In this months' health and safety review, an English Court of Appeal's decision (Chandler v Cape plc: England and Wales Court of Appeal Civil Division: April 2012) that a parent company may be responsible for the health and safety policies of it's subsidiary is certainly going to be of interest [...]

By |2019-10-18T10:15:39+00:00June 13th, 2012|Health and Safety Law|Comments Off on Is a Parent Company responsible for it’s subsidiaries Health and Safety Law Policies?