Company Held Liable For Misleading Customer Testimonials On Social Media Sites
In ACCC v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74, Allergy Pathway Pty Ltd and its director, were fined $7,500 each for breach of undertakings made to the court in 2009 after the ACCC succeed in an action against them for false, misleading and deceptive conduct. The issue in recent proceedings was whether Allergy Pathway should be responsible for statements posted by third parties which contravened the undertakings.
Justice Finkelstein held that even though the representations were written and posted by clients on Allergy Pathway’s Facebook and Twitter pages, Allergy Pathway was responsible for the publications as it failed to remove them.
Businesses should monitor their social media pages regularly to ensure that any incorrect, misleading or offensive statements by third parties are removed.
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Communication is key to our success. We communicate constructively and concisely, we're hard working and demonstrate grace under pressure.
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Level 3, Brandon Park Dr
Wheelers Hill, Victoria, 3150
T: 1300 688 421
THE FOUNDATION OF OUR SUCCESS
Our people are highly accomplished but the depth and breadth of their experience varies depending on their position. Solicitors who provide legal services to our business clients must have in-house legal experience and demonstrate the ability to provide commercially viable legal solutions and outstanding service to our clients.
We will advertise any vacancies on our website when a vacancy arises.
When a vacancy arises, please send your resume to the email address on the advertisement and specify the position you are applying for in your covering letter.
We operate out of two main offices located in Bentleigh & Mount Waverley. However, our clients are based all over Melbourne and travel to a client's location may be required.
It is not necessary to follow up your application. Every resume is thoroughly screened and considered. We will contact you to schedule an interview if we feel your experience closely matches our requirements.
Generally, applicants can expect 2 to 3 rounds of interviews. The first round is typically with our management team and subsequent rounds are an opportunity to get to know the people you will be working with. We know that we ask a lot of our candidates, but we are incredibly selective in our hiring and meticulously focused on creating a truly special and addictive culture. Thank you in advance for your patience.
THE FOUNDATION OF OUR SUCCESS
MLB succeeds by being creative, thoughtful and working hard with our clients to meet their individual requirements. What we don’t do is mess around and cut corners and get ourselves in trouble. That means that when it comes to issues like conflicts of interest, confidentiality, harassment, accounting etc., we don’t even get close to the line.
We pride ourselves on being the good guys. We’d rather have an off year, or face the music of telling the truth, than do something that’s ethically questionable, or legally borderline. That’s the gist.
THE FOUNDATION OF OUR SUCCESS
Our people have extensive experience and expertise to service clients in many different industries, including retail, manufacturing, pharmacy, information technology, real estate and food.
Our managing principal has worked as an in-house lawyer for different companies and therefore, understands the necessity of handling matters in a commercial cost effective manner and the challenges faced by businesses.
To provide you with the best legal advice which suites your individual requirements our people work hard to understand the challenges faced in your industry and business.
Our ultimate mission is to ensure that no matter what your aspirations and objectives are for your business that you achieve them.
DYNAMIC COMPANIES TRUST MLB
We currently serve leading and dynamic growth companies with projects spanning a wide range of industries including retail, suppliers internet, software, hardware, life sciences, consumer electronics and food outlets.
COMPREHENSIVE LEGAL COVERAGE
MLB provides general commercial legal services to clients in technology industries including the following services:
• Inbound/outbound licensing of software, content, IP (Enterprise &
Government)
• Internet Law (E-Commerce, Privacy Policies and Terms of Use)
• Reseller, OEM, VAR and distribution agreements
• Strategic alliance, partnership and co-marketing agreements
• Evaluation of 3rd-Party software/open source use
• Drafting and negotiating a range of commercial agreements for
technology businesses (including online terms and conditions,
software development, reseller and marketing agreements)
• Intellectual property protection for computer software and
hardware
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COMPREHENSIVE LEGAL COVERAGE
MLB has expertise in a range of disputes, including:
• Contractual disputes
• Disputes with regulatory authorities such as the Australian
Competition and Consumer Commission
• Disputes relating to intellectual property rights including,
trademarks, patents, designs, copyrights, trade secrets and
confidential information
• Employment & Industrial Relations
• Bankruptcy and Insolvency law
• Property disputes
• Building/Construction
• Alternative Dispute Resolution
• Mediation
COMPREHENSIVE LEGAL COVERAGE
MLB handle commercial and contentious Intellectual Property (IP) matters. MLB advises clients on the most effective IP strategy to assist with business growth both in Australia and overseas.
Specifically, MLB provides advice on the following:
• Copyright, trademarks, patents, designs and branding protection
• Registration of designs, trademarks and patents
• Protection of trade secrets and confidential information
• Management of IP portfolio's & litigation
• Due diligence and audits of IP
• Performers’ and publishers’ agreements
• IP Litigation and dispute resolution (including IP compliance and
infringement)
• Trademark & Copyright prosecution
COMPREHENSIVE LEGAL COVERAGE
MLB act in employment and industrial law matters for both employers and employees, providing advice to clients in relation to:
• Counseling on labour and employment issues
• Drafting of HR handbooks and policies
• Management of reductions in force
• Drafting, review, negotiation of executive compensation
agreements
• Design and administration of ethics and harassment training
programs
• Employment Agreements
• Independent Contractor and Consultancy Agreements
• Employment and Industrial relations disputes, including unfair and
unlawful dismissal claims
• Restructuring and redundancies
• Occupational Health & Safety and Work Cover issues
• Confidentiality and restraints of trade
COMPREHENSIVE LEGAL COVERAGE
MLB provides advice on different business structures and documents parties' rights and obligations in a manner that is commercially astute but also legally enforceable. Our expertise in this area, include:
• Shareholders' Agreements
• Joint Venture Agreements
• Partnership Deeds
• Unit Trust Deeds
• Buy/Sell Agreements
• Partnership and Shareholder disputes
• Business succession planning
• Incorporation of companies
• Registration of business names
• Restructuring of existing businesses