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Expertise

Emily is a corporate and commercial lawyer with particular expertise in intellectual property and privacy issues. Emily assists a broad range of clients including those in the media and advertising industries.

Prior to joining Holding Redlich, Emily worked in-house as a lawyer in the FMCG and telecommunications industries and also in London and has a good understanding of how legal services can add value to a client’s business.

Experience

Media and Entertainment

Acting for advertising agencies and production companies including on agreements with key talent, client services agreements, trade promotions, the pre-vetting of advertising material (including copyright, Australian Consumer Law and defamation advice), and providing assistance and advice in relation to Advertising Standards Bureau complaints.

Regulatory

Acting for various clients in providing advice and corresponding with on clients behalf with various regulators including the ACMA, Privacy Commissioner, Telecommunications Ombudsman, the ACCC and Consumers Affairs Victoria.

Sports Law

Advising in relation to negotiation of Licence Agreements, Promotion Agreements and drafting and negotiating sponsorship arrangements with sportspersons and clubs as well as brand protection and privacy issues.

Privacy

Advising various clients in relation to data breaches and privacy obligations, advising on overseas disclosure, handling of complaints made to the organisation or referred from Privacy Commissioner, drafting of privacy policies and processes tailored for the business.

Intellectual Property

Acting for various clients (both licensees and licensors) in relation to drafting and negotiation of licence agreements, advising on copyright ownership and exploitation, providing advice in relation to trade mark infringements and applications and brand protection strategies.

Commercial Agreements

Advising in relation to negotiation and drafting of various commercial contracts including Sponsorship Agreements, Services Agreements, Consortium Agreements, Referral Agreements.

Publications

16 June 2020 - Knowledge

Advertising agencies and the law: Liability for the content of advertisements (part 4)

#Technology, Media & Telecommunications

In the last of our four-part series, we examine the liability for the content created by advertising agencies and why prudent advertisers should ensure they ultimately vet the content created for them by others prior to it being published.

10 June 2020 - Knowledge

Advertising agencies and the law: Who owns the intellectual property developed by an advertising agency? (part 3)

#Technology, Media & Telecommunications

In the third part of our series, we examine some of the issues that can arise when developing creative materials as part of an agency-client relationship, and answer the all-important question of who owns the intellectual property in these materials.

02 June 2020 - Knowledge

Advertising agencies and the law: Essential terms in an advertising contract (part 2)

#Technology, Media & Telecommunications

In the second of our four-part series, we look at some essential contractual terms that should be included to govern the unique relationship between an agency and its client.

26 May 2020 - Knowledge

Advertising agencies and the law: Determining the relationship between agency and client (part 1)

#Technology, Media & Telecommunications

The nature of the relationship between an advertising agency and its client is not clear-cut. This is particularly so when the relationship between the parties, and the key issues at play, are not adequately set out in a contract or there is no contract in writing at all.

06 May 2020 - Knowledge

A crunchy dispute over peanut butter is smoothly resolved by the Full Federal Court

#Intellectual Property

Last month, the Full Federal Court handed down its decision in the Bega v Kraft[1] saga that has revolved around the ownership and use of the ‘trade dress’ of the peanut butter formally sold by Kraft. The decision of the Federal Court in the first instance was upheld.

06 April 2020 - Knowledge

I’ll get by with a little help from my [competitors]: ACCC authorises interim co-operation between competitors in time of COVID-19

#Competition & Consumer Law, #COVID-19

Over the past weeks, there have been a number of interim authorisations granted to groups of competing businesses for varying purposes, including to co-ordinate the supply, distribution and logistics of products and share strategies for managing issues unique to the current COVID-19 crisis.

14 February 2020 - Knowledge

Notifiable data breach: Two years on and mostly ‘behind the scenes’

#Data & Privacy

This month marks two years since the introduction of Australia’s notifiable data breach scheme. We look back on key events and learnings from the data and privacy space over this time, and outline why businesses should continually review their privacy practices.

08 October 2019 - Knowledge

Developing an app? Five things to know before signing a development agreement

#Technology, Media & Telecommunications

After conceiving your great idea, perhaps the next Uber or Citymapper, you turn to a software developer to create that magic sitting behind a little icon that will shine brightly on millions of devices.

04 September 2019 - Knowledge

Avoiding ‘Fyre’: Eight key legal issues in running a festival or event

#Competition & Consumer Law, #Intellectual Property, #Corporate & Commercial Law, #Technology, Media & Telecommunications

Running events is not just the domain of music or arts festival organisers. Most businesses will from time to time run conferences, networking and other events. This article provides a checklist of the top issues for consideration.

09 July 2019 - Knowledge

Sky high: Record £183m (AUD$329m) GDPR fine on the horizon for British Airways following data breach

#Data & Privacy, #Technology, Media & Telecommunications

If Australian businesses conducting activities in the EU were not already paying attention to the General Data Protection Regulation introduced in Europe last May, they should be now.

02 July 2019 - Knowledge

Federal Court sends $2.3m message: Fake art harms culture

#Competition & Consumer Law, #Intellectual Property

We discuss the deterrence effect of the significant penalty handed to Birubi Art last week for engaging in misleading or deceptive conduct in breach of the Australian Consumer Law.

21 January 2019 - Knowledge

72 hours and counting… New APRA standard sets timeframe for notification of material info security incidents

#Data & Privacy

The content of a recently released APRA CPS Standard (Standard) which will apply from 1 July 2019 broadens the obligations of APRA-regulated entities beyond other cybersecurity obligations, including relevant provisions in the Privacy Act 1988 (Cth).

05 December 2018 - Knowledge

Waste management providers dump unfair terms from business contracts in latest ACCC action

#Corporate & Commercial Law, #Competition & Consumer Law

Planning to tick off a few long-intended tasks in the ‘quiet’ part of the new year? These latest actions give incentive for all businesses to review their standard form business to business contracts as an increasing priority.

25 September 2018 - Knowledge

Refund policies punted: ACCC investigation forces AFL/ NRL clubs to re-think returns on merchandise

#Competition & Consumer Law

As 21 AFL and NRL clubs revise their refunds and returns policies, the ACCC gives broader insight into what restrictions are considered to be inconsistent with consumer rights.

29 August 2018 - Knowledge

No merit in manipulating TripAdvisor reviews: $3 million fine issued by court

#Competition & Consumer Law

The $3 million fine issued to Meriton this month by the Federal Court might be a wake-up call to other businesses to consider their management and interaction with online review websites.