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Archive for ‘Substantive Law’

Domain Names as Property (Again)

Slaw has discussed a couple of times [* *] whether domain names are property of any kind, including property that can be seized to satisfy creditors. The California Court of Appeal — Palacio del Mar Homeowners Assn., Inc. v. McMahon, Cal.Rptr.3d 2009 WL 1668294 (Cal. App. 4 Dist. June 16, 2009) [PDF] — has recently decided the latter question in the negative: no seizure. (Internet Cases has a summary.)

Part of the issue was whether the domain name was property that could be ‘levied upon by taking it into custody.’ If that’s the test then lots . . . [more]

Posted in: Administration of Slaw, Substantive Law, ulc_ecomm_list

British Columbia – Becoming a Renewable Energy Powerhouse

I’m a big believer in the idea of a solar panel on every rooftop. It just makes sense to me. I would also like to experience an electric car traffic jam, and to have the power of the ocean used to light my home. Some may say I live in a dream world. Maybe now I do, but our world is changing—and in British Columbia my dream has a chance to become reality, thanks to the provincial government’s commitment to renewable energy. 

Premier Gordon Campbell proclaimed on April 23, 2009 that “We are going to be the alternative energy . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

Focus on Employees: The Hidden Costs of Restructuring a Business

The world wide economic downturn is prompting companies to sell non-core business units, consolidate operations and generally downsize. Lately, everyone seems to have at least one article devoted to some aspect of restructuring a business—see, for example, the cover story in the June 2009 edition of LEXPERT magazine.

Despite the fact that restructuring initiatives often have a profound impact on employees, few articles are talking about the human resources implications of restructuring a business. Employees have valuable know-how, technical knowledge, and relationships with customers, so their departure or disaffection can have significant and unintended financial consequences for a company.

CNET . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

Your Facebook Can Be Hacked

Despite all the warnings about using privacy settings we’ve been hearing about, here comes a stark revelation: your Facebook account can be hacked anyway.

FBHive, a new blog all about Facebook, premiered today with a revelation that they can access certain profile information, even if the user has made it private.

Robin Wauters of TechCrunch confirmed that they were indeed able to access his private information.

FBHive claim that it has taken over 15 days for Facebook to fix they security hole. And they promise to give their secrets on how they do it within the next few days. . . . [more]

Posted in: Substantive Law

This Week’s Biotech Highlights

The “me” generation was out in full force in the world of biotech this week:

General Electric offered $100 million of loans as part of its healthymagination program, which is bound to — not coincidentally — boost sales of GE’s medical records systems. Good press and good sales. Good job!

In the U.S. Senate, a new version of the Comparative Effectiveness bill tries to allay Republican concerns by focusing more on the individual patient … leading comparative effectiveness right to the doorstep of personalized medicine.

In Wisconsin and Jerusalem, everyone was vying to divy up the biotech pie . . . [more]

Posted in: Legal Information, Substantive Law

The Justice Reporter

The Justice Reporter [PDF] is a fairly new online publication that focuses on issues affecting journalism and the law, conceived and edited by Tracey Tyler, legal affairs reporter at the Toronto Star, and Tony Wong, a litigation partner at Blakes specializing in media law. The editors say in the first edition [PDF] that they aim to

catalogue these problems [i.e. problems with free reporting] and change policies that thwart the media’s ability to inform the public about its justice system.

The current edition leads with an article by three Ontario Court of Appeal judges, Russell Juriansz, James MacPherson and . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Substantive Law

Stuck at the Border: New Challenges To the Registration of Judgments

Having spent two of the last three weekends in Las Vegas and San Francisco, I got to thinking about cross-border legal issues. I know that’s pathetic, but bear with me.

British Columbia is one of several provinces with reciprocating jurisdictions in the US for the enforcement of judgments. (In BC, this arises pursuant to Part II of the Court Order Enforcement Act, RSBC 1996, c.78). Rather than commence a new action on the foreign judgment, a judgment from a reciprocating jurisdiction can be registered in BC, and it becomes enforceable as if it was a BC judgment. This is . . . [more]

Posted in: Firm Guest Blogger, Substantive Law, Substantive Law: Foreign Law

Canada Best Market for Business Access to Capital in 2008

Surprise, surprise. Canada, with its stable equity market and a sound economic policy framework, was able to withstand some of the global credit market issues and moved to first place in the Milken Institute’s 2008 Capital Access Index.

The Index looks at such factors as macroeconomic environments, financial and banking institutions, the development of the equity and bond markets, and alternative capital sources. Because a firm’s access to capital allows it to implement innovative ideas and contribute to technological advancement, job creation and quality of life, the index is a tool for measuring how countries can act to reduce . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

H&K’s Boyd Neil and Jane Shapiro @WCDM

The World Conference on Disaster Management (@WCDM) started today in Toronto, with a heavy emphasis on social media. I attended the afternoon workshop sessions Boyd Neil (@BoydNeil) and Jane Shapiro of Hill & Knowlton on Best Practices in Crisis Communications.

The session started by stating that lawyers and accountants will almost always interfere with best practices in a crisis by wanting to wait before speaking to the public. They typically want to collect all of the information to assess liability and costs to the company before deciding on a course of action.

I’ve said before . . . [more]

Posted in: Practice of Law, Substantive Law

Kalman Visits the U.S. Supreme Court

About eight months ago I spent a Friday Fillip on the TED video of Maira Kalman, an illustrator and writer perhaps best known for her New Yorker covers. Kalman also does a monthly column in the New York Times called “And the Pursuit of Happiness,” where she tells a simple tale with drawn text and lovely illustrations. In April her column was “May It Please the Court,” telling of her visit to the Supreme Court of the United States, her interview with Ruth Bader Ginsburg and her reflections on a number of women important in American history.

Take . . . [more]

Posted in: Miscellaneous, Substantive Law

Librarians to the Rescue

US Christians concerned to suppress the civil liberties of others are agitating in Wisconsin to burn a novel that is sympathetic to the plight of young homosexuals. Salon has a good summary of the story, including some recognition for the librarians involved. Others are also covering it. In this case, the librarians are supported by their community, which is always crucial for the profession, which is undervalued on a gender basis and saddled with disempowering stereotypes (which are nevertheless sometimes fun). . . . [more]

Posted in: Legal Information, Reading, Substantive Law

Lawful Access Rears Its Head Again

Yesterday, the Justice and Public Safety ministers unveiled the latest generation of proposed “lawful access” legislation. Variations had been introduced in the past by previous Liberal governments, only to die on the order paper.

The texts of Bills C-46 and C-47 are now online at the Parliament website for your reading pleasure (and here are the summaries included in the bills when tabled in Parliament): . . . [more]

Posted in: Substantive Law