Showing posts with label Ireland. Show all posts
Showing posts with label Ireland. Show all posts

Tuesday, March 28, 2017

Events in March 2017 and after

I have updated the listings of events here.

This is the current list:

Wed. 29 March 2017:
Making Economic, Social and Cultural Rights Meaningful, Dublin

Thu. 30-Mar-2017 06:00 PM  
Special Criminal Court for Sierra Leone: jurisprudential developments in the field of women's rights and of children's rights - Lecture - The International Law Association-Irish branch, Dublin 

Thu. 30 March 2017:
UCC Sports Law Clinic presents: Increased Regulation in Sport, Cork  

30-31 March 2017:
Separated Children in Judicial Proceedings: Recourse to European and International Mechanisms - Blackhall Place, Dublin 

Fri. 31 March 2017:
Understanding the "Right to be Forgotten" - A Workshop, School of Law, University College Cork 

Fri. 31 March 2017:
A Tale of Two Cities: the Protection of Fundamental Rights in Strasbourg and Luxembourg, School of Law Annual Distinguished Lecture, NUI Galway 

Fri. 31-Mar-2017 09:00 AM  
Spanish and Italian Property Transactions Update - The Post-Recession Position - Law Society Finuas Network Seminar, Dublin - Law Society of Ireland 

Fri. 31 March 2017:
Probate Seminar - Southern Law Association in collaboration with STEP, Cork

31 March to 2 April:
International Law and the State of Israel: Legitimacy, Exceptionalism and Responsibility, Cork 

Wed. 5 April 2017:
Irish Women Lawyers' Association and Dublin Solicitors Bar Association
present a panel event on the IWD 2017 theme of "Be Bold for Change", Dublin

Wed. 5 April 2017:
Spies, Parking Tickets, Illegal Transactions and Insider Dealing: Four Cases which Reshaped Contract Law - Inaugural Lecture by Professor James Devenney, McCann Fitzgerald Chair in  International Law and Business, UCD Sutherland School of Law, Dublin 

5-7 April 2017:
Socio-Legal Studies Association conference, Newcastle

6 April 2017:
Expert Evidence | Recent Developments in Practice & Procedure - DSBA, Dublin

6-8 April 2017:
Irish Tax Institute Annual Conference, Galway

7-8 April 2017:
The Future is Now: International Conference on eConveyancing and Title Registration, School of Law, NUI Galway 

Sat. 8 April 2017:
Mental Health Law, Capacity Law & Deprivation of Liberty - School of Law, University College Cork 

10-11 April 2017:
Association of Law Teachers' Annual Conference 2017: Foundations and Futures, Portsmouth, England

20 April 2017:
Mandatory Regulatory CPD Seminar - DSBA, Dublin

20-21 April 2017:
Annual Conference of British and Irish Law Education and Technology Association, Portugal 

Tue. 25 April 2017 2:00 PM:  
Family Law: A Review of Recent Developments - Legal Seminar - CPD Accredited, Dublin 

Wed. 26 April 2017:
Brexit Series - Implications for Irish Agriculture, ICEL, Dublin

Thu. 27 April 2017:
Environmental Principles - Between Flexibility and Opacity - 15th Annual Law and the Environment Conference, University College Cork.

Thu. 27 April 2017:
Perspectives on hidden victims: Findings of three new innovative
studies, School of Law, University of Limerick 

Fri. 28-Apr-2017 09:00 AM 17-Jun-2017 
Law Society Finuas Network Executive Leadership Programme 2017 - Law Society Finuas Network Programme - run over 3 non-adjacent weekends. Discounts available for Finuas members., Law Society, Dublin 

28-30 April 2017:
New Politics – New Law? - Burren Law School, Co. Clare 

3 May 2017:
UCD Human Rights Centre Brexit Seminar at Irish Human Rights and Equality Commission, Greene Street, Dublin 7. Email law.events@ucd.ie for details.

Fri. 05-May-2017 10:00 AM  
Midlands General Practice Update - 
Law Society Skillnet in partnership with the Laois Solicitors’ Association, Carlow Bar Association, Midland Bar Association and Kildare Bar Association - The aim and objectives of the day are to provide an opportunity for practitioners to update their knowledge in areas of law of essential relevance to most in general practice. There will also be an opportunity to network with other practitioners., Heritage Hotel, Portlaoise 

Tue. 9 May 2017:
ICEL Data Protection and Privacy Conference, Dublin

Tue. 9 May 2017 01:00 PM:  
Practical Conveyancing: A Review of Recent Developments - Legal Seminar - CPD Accredited., Dublin 

Thu. 11-May-2017 02:00 PM 12-May-2017 
Essential Practitioner Update Parts I & II 2017 - 
Law Society Skillnet in partnership with the Leitrim, Longford, Roscommon and Sligo Bar Associations - Two day event with three attendance options. The aim and objectives of the event are to provide an opportunity for practitioners to update their knowledge in areas of law of essential relevance to most in general practice., Landmark Hotel, Carrick on Shannon 

17 May 2017:
Brexit - Fishing Rights and redrawing Irish territorial waters - ICEL 
Details to follow at http://www.icel.ie.  

Mon. 22-May-2017 01:00 PM  
Professionalism across the Professions -
Presented by Law Society Professional Training and the 3U Partnership - venue Law Society of Ireland, Blackhall Place - light lunch served at 1.00pm seminar begins at 2.00pm - Law Society of Ireland, Dublin 

4-7 June 2017:
World Congress on Family Law and Children's Rights - in partnership with School of Law, University College Cork - Venue: Convention Centre, Dublin 
Details at http://www.wcflcr2017.com   

8 to 10 June 2017:
British and Irish Association of Law Librarians Annual Conference, Manchester, England

12-16 June 2017:
Summer School on Transitional Justice 2017, University of Ulster, Jordanstown 

19-23 June 2017:
International Criminal Court Summer School - Irish Centre for Human Rights, NUI Galway

19-23 June 2017:
International Disability Law Summer School, NUI Galway


Fri. 23 June 2017:
ICEL Eversheds Sutherland Procurement Conference 2017, Dublin

28 June 2017:
Brexit - WTO option as the basis for UK/EU trade - ICEL
Details to follow at http://www.icel.ie

9 August 2017:
The Interface of National Security and Humanitarian Law in Situations of Low-Intensity Armed Conflict / High Intensity Emergency - Transitional Justice Institute, University of Ulster

5-8 September 2017: 
Society of Legal Scholars Annual Conference, Dublin, - UCD Law School 


Law Society Diploma and Certificate courses:  

Details at http://www.lawsociety.ie/Courses--Events/Public-Diplomas-CMS/

Certificate in Professional Education; Diploma in Alternative Dispute Resolution;
Certificate in Conveyancing; Diploma in Law; Diploma in Education Law;
Diploma in Healthcare Law; Diploma in Judicial Skills and Decision-Making;
Certificate in Pensions Law and Practice; Diploma in Sports Law;
Diploma in Trust & Estate Planning (STEP);
Certificate in Practice Development; Certificate in Decision-Making Capacity and Support
Diploma in Arbitration; Diploma in Finance Law; Diploma in Corporate Law and Governance
Diploma in Mediation; Diploma in Technology Law; Diploma in In-House Practice
Diploma in Litigation Management Skills (new); Certificate in Aviation Leasing and Finance
Certificate in Advanced Negotiation; Certificate in Charity Law, Trusteeship and Governance
Certificate in Employment Law Advocacy Skills; Certificate in Commercial Contracts
Certificate in Company Secretarial Law and Practice; Certificate in Trade Mark Law; Diploma in Aviation Leasing and Finance
Diploma in Commercial Property; Diploma in Employment Law
Certificate in Data Protection Practice; Certificate in Environmental and Planning Law
Certificate in Human Rights Law; Diploma in Legal Decision-Making Skills

Follow Irish Law Events on Twitter - @irishlawevents

Friday, June 26, 2015

Seminar on LGBT Rights and Legal Change, TCD, Dublin, Fri. 10 July 2015

Seminar on LGBT Rights and Legal Change

11am - 1pm Friday 10th July 2015, Room 3126, Arts Block, Trinity College Dublin

Speakers: Senator David Norris, Senator Katherine Zappone, Ann Louise Gilligan, Professor Mark Bell (TCD), Brian Sheehan (GLEN).

This is the second in a series of Irish Research Council-funded seminars being run by Prof Ivana Bacik (TCD) and Dr Mary Rogan (DIT), seeking to explore the relationship between legal action and social change. The seminar will begin at 11am promptly, registration from 10.30am. Tea/coffee and lunch provided.

Seminar free but places are limited. To register, please email cicl@tcd.ie.  

Twitter: @CICL15

https://twitter.com/CICL15

Thursday, August 14, 2014

World Intermediary Liability Map - Ireland Entry

I have contributed the Irish entry to the new World Intermediary Liability Map (WILMap) at Stanford Law School Center for Internet and Society (CIS).

The WILMap educates the public about evolving Internet regulation affecting freedom of expression and user rights worldwide. It is managed by Giancarlo Frosio, the Intermediary Liability Fellow at CIS.
The map is a detailed English-language resource comprised of case law, statutes, and proposed laws related to intermediary liability worldwide. It allows visitors to the CIS website to select information on any country of interest through a graphical user interface.

The full entry on Ireland which I contributed is Creative Commons licensed and is available here.

An edited version appears below:

WILMAP: IRELAND



LEGISLATION

[A report by an expert committee on reform of copyright law, including a draft Bill. Includes proposals concerning intermediaries, e.g.  (1) that a “marshalling” exception be introduced for sites which index, syndicate, aggregate or curate online content and (2) that certain sections of the Copyright and Related Rights Act 2000 concerning transient and incidental copies be amended to come more closely into line with the CJEU’s approach to interpretation of the Information Society Directive.] 
[The Privacy Bill was published by the previous Government in 2006 but has not been enacted.  In 2012, the Minister for Justice stated that he was considering re-introducing a version of this Bill.]  

DECISIONS

SUPERIOR COURTS

Supreme Court, EMI v Data Protection Commissioner [2013] IESC 34 
[copyright, privacy, data protection, graduated response]
[A settlement had been reached between record companies and a large ISP, Eircom, instituting a Graduated Response Protocol under which Eircom would issue copyright infringement notices to customers.  The Data Protection Commissioner believed that this Protocol breached EU and Irish data protection law and issued an enforcement notice requiring Eircom to cease its operation of the Protocol. The Supreme Court found that the enforcement notice was invalid because of the absence of reasons.]

LOWER COURTS

High Court, Schrems v Data Protection Commissioner [2014] IEHC 310 
[privacy, data protection, Facebook, transfers of personal data to USA]
[(1) The Data Protection Act 1988 as amended prohibits transfers of personal data outside the state unless adequate privacy protections are in place.  In 2000, the European Commission had decided that the USA ensured an adequate level of privacy protection for data.  A Safe Harbour framework had been put in place between Europe and the USA regarding transfers of personal data.
(2) In light of the Snowden revelations, Mr Schrems, an Austrian lawyer who runs the “Europe v Facebook” group, made a complaint to the Data Protection Commissioner arguing that the Commissioner should direct that transfers of personal data from Facebook Ireland to Facebook in the USA should cease.  Facebook Ireland is responsible for millions of Facebook users outside the USA and Canada.
(3) The Commissioner decided that the request was unsustainable in law.  Mr Schrems sought Judicial Review of the Commissioner’s decision.  
(4) In the High Court, Hogan J. said that much had changed since 2000, including for example the entry into force of the EU Charter of Fundamental Rights.  As a result, he referred questions of EU law to the Court of Justice of the EU (CJEU).  He also noted that mass and indiscriminate surveillance of communications as shown by the Snowden revelations would, as a matter of Irish law, be unconstitutional, but that Irish law on this matter had effectively been pre-empted by EU law.]  
High Court, Schrems v Data Protection Commissioner (No.2) [2014] IEHC 351
[privacy, data protection, Facebook, transfers of personal data to USA, amicus curiae]
[The High Court ordered that Digital Rights Ireland (DRI) be added as amicus curiae in the proceedings, which will now proceed to the CJEU.  DRI had stated that it would not adopt a position of partisanship. Hogan J. distinguished this case from the case of EMI v UPC [2013] IEHC 204, where DRI was not added as amicus curiae. The court also noted DRI’s successful case before the CJEU – Case 293-12, Digital Rights Ireland v Minister for Communications ECLI:EU:C:2014:238. The court did not permit DRI as amicus to alter the nature of the questions which it had already proposed should be transmitted to the CJEU.] 
High Court, Cummins v Twitter, February 2014 
[defamation, libel, hosting provider, Twitter]
[The High Court ordered that Twitter remove defamatory posts concerning the mayor of Waterford.  The order was made under s.33 of the Defamation Act 2009.]  
High Court, EMI v UPC [2013] IEHC 274
[copyright, access provider, ISP, torrent, ThePirateBay, blocking order]
[Record companies successfully applied for an order against various ISPs blocking access to the Pirate Bay website, based on the amended s.40 of the Copyright and Related Rights Act 2000. Later in 2013, the record companies successfully applied to the High Court for Kickass Torrents to be blocked.]
High Court, EMI v UPC [2013] IEHC 204
[copyright, access provider, ISP, torrent, ThePirateBay, blocking order, amicus curiae]
[Record companies had instituted proceedings seeking an order against various ISPs blocking access to the Pirate Bay website.  Digital Rights Ireland (DRI) applied to be added as an amicus curiae.  The Court refused to add DRI to the case.  Considering Irish cases on criteria for joining an amicus curiae, the court found that this case did not involve novel principles and DRI was not a neutral party.]  
High Court, Tansey v Gill [2012] IEHC 42
[defamation, hosting provider, preliminary injunction, interlocutory order]
[The plaintiff claimed he had been defamed on the website www.rate-your-solicitor.com.  He successfully sought interlocutory orders under s.33 of the Defamation Act 2009 against certain defendants prohibiting publication of the defamatory statements.  The court noted that, since the arrival of the internet, judicial hesitation in granting interlocutory orders of this type should be eased. One of the defendants was the host of the website, Dotster, located in the USA.  Dotster had not made an appearance in the case and the court made a final order in default of appearance.]   
High Court, McKeogh v Doe [2012] IEHC 95 
[defamation, privacy, right to good name, video removal, Norwich Pharmacal orders.]
[The plaintiff had wrongly been identified as the taxi fare evader shown in a video posted on various websites.  The judgment primarily concerns the issue of whether the plaintiff could be named on newspaper websites reporting the court case and the court ordered that he could be named.  The court noted that it had earlier granted interim orders that social media sites such as YouTube and Google should remove the video and provide the identities of web users who had defamed the plaintiff.  The orders regarding identities of web users were granted applying the UK tort case of Norwich Pharmacal v Customs & Excise [1973] UKHL 6. According to media reports, there have been further developments in this case in 2013 and 2014.] 
High Court, EMI v UPC [2010] IEHC 377 
[copyright, access provider, mere conduit, ThePirateBay, E-Commerce Directive]
[Record companies sought orders (1) restraining UPC, an ISP, from making available to the public copies of sound recordings which breach copyright and (2) requiring UPC to block access to the Pirate Bay site. The court found that s.40(4) of the Copyright and Related Rights Act 2000 only covered “removal” of infringing material and therefore an injunction could not be granted.  Charleton J. also reconsidered his previous decision in EMI v Eircom [2009] IEHC 411 (see below), in which he granted an order requiring an ISP to block access to the Pirate Bay, and stated that his previous decision in that case had been incorrect. Following this case, s.40 of the 2000 Act was amended by Statutory Instrument in 2012 (see above).] 
[privacy, data protection, data retention, access providers, ISP, telephony providers, Directive 2006/24/EC, referral, ECJ, invalidity]
[This litigation concerned the validity of the data retention requirements imposed on ISPs and telephony providers. This case led to a decision by the CJEU (Grand Chamber) that the Data Retention Directive (Directive 2006/24/EC) was invalid, Case 293-12, Digital Rights Ireland v Minister for Communications ECLI:EU:C:2014:238.]
High Court, EMI v Eircom [2010] IEHC 108  
[copyright, data protection, graduated response]
[Record companies had reached a settlement with a large ISP (Eircom) instituting a graduated response system.  Charleton J. held that the settlement did not breach data protection laws as IP addresses in the hands of the record companies which do not identify subscribers are not “personal data”. He said that copyright is flagrantly violated by music theft and the sanction of terminating access is not excessive. Eircom’s terms and conditions stated that copyright must not be infringed and subscribers have agreed to these terms.]
High Court:  Irish Red Cross v UPC and Google (Unreported, 2010) [see news coverage here and here]
[confidentiality, breach, privacy, disclosure, alleged infringer, hosting provider, blog, liability of blog host]
[According to website reports, it appears that the High Court ordered that UPC and Google reveal the name of an anonymous blogger who allegedly breached confidentiality on the Blogger website.  Originally Google Ireland was named as defendant but the court permitted Google Inc to be substituted.] 
High Court, EMI v Eircom [2009] IEHC 411
[copyright, access provider, ISP, torrent, ThePirateBay, website blocking order, graduated response]
[Record companies had reached a settlement with a large ISP (Eircom) instituting a graduated response system. The court ordered, on application by the record companies, that Eircom should block access to the Pirate Bay website. The court based its decision on s.40(4) of the Copyright and Related Rights Act 2000 and the Information Society Directive 2001.]  
High Court, Mulvaney v Sporting Exchange trading as Betfair [2009] IEHC 133 
[defamation, libel, hosting provider, gambling, chatroom, forum, E-Commerce Directive, hosting defence]
[Betfair was a gambling site which also operated internet forums (chatrooms) where users could discuss sports events and other issues. The plaintiffs alleged defamation by forum users. As a preliminary issue, Betfair successfully relied on the hosting defence in the E-Commerce Directive as implemented by the 2003 Regulations. The court found that the gambling exception to the Directive and Regulations did not apply as the forums were not directly connected to the gambling part of the site.] 
High Court, Ryanair v Johnston, 2005/514P, July 12, 2006 
[bullying, intimidation, privacy, hosting provider, bulletin board, website operator, moderator, members, liability, disclosure, identities, alleged infringers, Norwich Pharmacal order]
[This was an action against the operators and moderator of an internet site and bulletin board set up to facilitate discussions by Ryanair pilots.  Ryanair alleged that bullying and intimidation of pilots was taking place on the site and sought ‘Norwich Pharmacal’ orders to disclose the identities of certain users of the bulletin board. On reviewing the evidence, Smyth J. found that there was no evidence of bullying or intimidation or that Ryanair had suffered loss. He distinguished this case from EMI v Eircom, 2005 (see below) and the English case of Totalise v Motley Fool [2001] EWCA Civ 1897.  He also stated that a balance needed to be struck between justice and privacy.]   
High Court, EMI v Eircom [2005] IEHC 233 
[copyright, privacy, confidentiality, access provider, disclosure, identities, alleged infringers, Norwich Pharmacal order]
[Record companies requested Eircom, a large ISP, to provide identities of 17 customers who were allegedly infringing copyright. The High Court ordered that customers’ identities should be passed to the ISP, based on the UK tort case of Norwich Pharmacal v Customs & Excise [1973] UKHL 6. The court also relied on the Canadian case of BMG Canada v Doe 2004 FC 488.] 

OTHER RESOURCES

A Guide to the European Communities (Directive 2000/31/EC) Regulations 2003, http://www.djei.ie/publications/trade/2003/ecommercedirectiveguide.doc
Data Protection Commissioner, www.dataprotection.ie
Data Protection Commissioner, Final report of Audit of Facebook Ireland (2011) and Facebook Ireland Audit Review Report (2012), http://dataprotection.ie/docs/Facbook-Audit/1290.htm 
Digital Rights Ireland, http://www.digitalrights.ie
Information Technology Law in Ireland – Denis Kelleher and Karen Murray, http://ictlaw.com
Information Technology Law in Ireland – TJ McIntyre Blog, http://www.tjmcintyre.com
Internet Content Governance Advisiory Group, Report of the Internet Content Governance Advisory Group (2014), http://www.dcenr.gov.ie/NR/rdonlyres/0BCE1511-508E-4E97-B1A9-23A6BE9124A...
Internet Hotline, www.hotline.ie  
Joint Committee on Transport and Communications, Addressing the Growth of Social Media and Tackling Cyberbullying (2013), www.oireachtas.ie/parliament/media/Report-on-Social-Media-July-2013-Webs...
Office for Internet Safety, http://www.internetsafety.ie

CONTRIBUTORS

Darius Whelan
Lecturer in Law, University College Cork  
Email: d.whelan@ucc.ie 







Tuesday, March 08, 2011

U.S./Ireland Legal Symposium to take place in the West of Ireland

The inaugural U.S./Ireland Legal Symposium will take place in Westport, Co Mayo from 11-13 May 2011. This international Symposium will be hosted by the Brehon Law Society of Philadelphia and is supported by the Western Development Commission (WDC), Mayo County Council and Temple University Beasley School of Law in Philadelphia.

Topics relevant to international business exchange are high on the agenda and this event qualifies for CPD hours. Attendees will include Irish and American lawyers, business consultants and businesses operating in Ireland, the United States and the United Kingdom. Delegates will also include representatives from the banking and financial services sector, accountants and tax professionals, venture capitalists, state bodies, government departments and local authorities.

The Symposium will be chaired by Deirdre Somers, Chief Executive of the Irish Stock Exchange (ISE) and Vice President of the Federation of European Securities Exchanges (FESE). Guest speaker at the Gala Dinner will be Enda Kenny TD, Leader of Fine Gael.

Speaking at the launch of the Symposium at Knockranny House Hotel, Joseph T Kelley, President of the Brehon Law Society of Philadelphia said, “The theme of this year’s Symposium is ‘Doing Business in the U.S. / Ireland / Europe – Critical Legal Issues for U.S. and Irish Companies’. The programme will address topics which are essential for international business exchange between both countries and will include import/export regulations, legal trends in the U.S. and Ireland and how to navigate cross border legal risks in intellectual property”.

The WDC is the key instigator in bringing this Symposium to the West of Ireland. It is supported by Mayo County Council in this initiative which dovetails with Government plans for trade, tourism and investment.

U.S. legal groups are no strangers to Ireland as part of their quest for continuing legal education. However, most trips have typically focused on Dublin. The U.S./Ireland Symposium is the first event of its kind to draw lawyers from across the United States and throughout Ireland to an event in the Ireland’s Western Region.

Speakers:

Deirdre Somers: Chairperson for the Brehon Law Syposium; CEO, Irish Stock Exchange

Enda Kenny: Offical address at the Gala Conference dinner; Leader of Fine Gael

Kelly G. Huller: Vice President - Legal, Globus Medical, Inc.

John J. Egan: J Egan & Associates, LLC and J Egan Consulting LLC

The Honorable Joseph Rocks: Chairman and Chief Executive Officer, NHS Human Services

Nevan Elam: Chief Executive Officer, Aero Surgical Limited

Frank Ryan: Chief Executive Officer, Enterprise Ireland

Gerry Kilcommins: President, American Chamber of Commerce

Regina Brehony: Director General, Irish Venture Capital Association

Gillian Buckley: Chief Executive Officer, Western Development Commission

Brendan Cahill: Partner, William Fry

Kieran Cowhey: Partner, Dillon Eustace

Jeanne Kelly: Partner, Mason Hayes & Curran

John Malady: Principal, Malady and Wooten Public Affairs

Kevin Dooley Kent: Shareholder, Conrad O'Brien PC

Joseph T. Kelley Jr.: Founder/Managing Partner, Kelley & Murphy

Agenda

The following topics will be addressed by Irish, European and U.S. speakers and panelists at the Symposium:*

Accessing Capital and Starting Up a Business

Attracting venture capital, capital finance, banking (bulleted list)
State funding and grant assistance
Legal structure and formations, redomiciliation, mergers and acquisitions and other areas of corporate law
Public private partnerships
Current tax and accounting issues

Conducting Business/Comparative Analysis

Employment and Benefits
Insurance
Immigration
Lobbying
Public Law, Regulatory Law
Intellectual Property Law
Legal issues relevant to Hi-Tech Industries
Corporate Social Responsibility and Corporate Governance
Investigations and Fraud
Contracts and Commercial Transactions

Litigation and Dispute Resolution

Commercial/Regulatory Litigation
Alternative Dispute Resolution
Ireland as a Forum for Alternative Dispute Resolution

* Topics are subject to change. A final program will be circulated to all delegates and interested parties as speakers and panels are confirmed

The website for bookings etc is www.brehonsymposium.com.