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Archive for November, 2010

Background Papers on Canada-EU Trade Negotiations

The Parliamentary Information and Research Service of the Library of Parliament has released a series of brief background papers on the Canada–European Union trade negotiations that began last year and that are aimed at achieving a “Comprehensive Economic and Trade Agreement” (CETA). There are ten papers in the series, as follows:

  1. Overview of Negotiations [pdf 175kb]
  2. Market Access in Agriculture [pdf 170kb]
  3. Non-Agricultural Market Access [pdf 163kb]
  4. Trade in Services [pdf 164kb]
  5. Investment Protection [pdf 166kb]
  6. Government Procurement [pdf 157kb]
  7. Technical Barriers to Trade and Regulatory Cooperation [pdf 157kb]
  8. Intellectual Property Protection [
. . . [more]
Posted in: Miscellaneous, Substantive Law

Farewell to All That

On September 26, 2010, the New York Times ran a front-page story concerning outsourcing public libraries to private corporations. This article chilled me to the marrow of my bones for several reasons. First, the library that triggered the article is in Santa Clarita, California. This is not a city that is drowning in deficits and grasping for straws. It is a city that is in the black. Santa Clarita’s move is made in the clear light of day, for purposes of future planning.

Second, Frank Pezzanite, the director of Library Systems and Services, the corporation which, if taken as a . . . [more]

Posted in: Legal Information

Laws of War

It seems appropriate today, Remembrance Day, for a law blog to reflect for a moment on the laws of war. These seemingly prime examples of a contradiction in terms have taken a beating in recent years. The Economist, in an article entitled, “Unleashing the laws of war” published last year, gave a sad summary of fate in practice of these peculiar norms in an era of insurgencies, terrorism, ethnic violence, and superpower techno-war.

Yet much of the world continues to expand and refine the laws of war. I’m speaking now of the Hague and Geneva conventions, those legal . . . [more]

Posted in: Reading: Recommended, Substantive Law

Real Life Trumps Everything

As a lawyer who has been heavily involved in my Provincial Lawyer Assistance program and with the CBA’s National Legal Professionals Assistance Conference, I have travelled all over Canada and even ventured into the United States to either speak to, or hear others present, on the topic of lawyer’s wellness. Many of these discussions focus on our collective need to achieve a healthy work-life balance. This isn’t surprising, given the consuming nature of our profession and its demands on our time, mental and emotional energy. Employing our well-trained critical eye on the intricacies of other people’s conflicts can be exhausting. . . . [more]

Posted in: Practice of Law

The Sound of Silence

Six Canadian provinces have legislative recognition of Remembrance Day, though only two mention Two Minutes Silence, Ontario and Alberta. Nova Scotia for example says:

Every employer carrying on or engaged in an industry to which Section 3 does not apply shall, subject to Section 8, relieve the employees in the industry from duty, and suspend the operations of the industry, for a period of three minutes, at one minute before eleven oclock in the forenoon.

This post is about silence, and the legal protection of silence.

You have the right to silence. And in Quebec, a judge cannot refuse . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Social Media Use in the Workplace – Slagging Your Boss

Today’s New York Times is reporting on a Federal labor relations board decision last week to proceed with a complaint against a Connecticut ambulance service, American Medical Response, that canned an emergency medical technician for breaching a company policy that bars employees from depicting the company “in any way” on Facebook or other social media sites in which they post pictures of themselves.

This is the first case in which the US board has stepped in to argue that employees’ criticisms of their companies or bosses on a social networking site will be a protected activity and that employers would . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Technology: Office Technology

Responding to Negative Social Media

I gave a presentation this morning on social media issues at a TechAlliance breakfast club event. Thought I would share this one slide.

If someone posts something about you or your organization that you don’t like, it’s best to so some sober reflection to consider the best response. Sometimes attempts to suppress things on the internet can backfire and bring more attention to it. It’s called the Streisand effect.

For example, you might be better off ignoring it if the comment is on an obscure place few will see, or if the person who posted it is clearly a . . . [more]

Posted in: Miscellaneous, Technology: Internet

Workplace Law as Information Law, Part III – Job Stability, Departing Employees and Information Theft

This is the third of three posts on how information and privacy issues are shaping the future of employment law. Two weeks ago, I posted on the impending clash between information governance and personal use of corporate IT systems. Last week, I posted about internet use and the “virtualization” of workplace harms. This post is on labour stability, departing employees and information-related harms.


“Job stability, departing employees and information theft” is such a good heading for this “big picture” look at workplace law. I’ve long had a theory that departing employee litigation is on the rise because of . . . [more]

Posted in: Practice of Law: Future of Practice, Technology

More on the Future of Looseleaf Publications

Two very good columns were posted here recently on the topic of looseleaf legal publications—one by Susannah Tredwell; the other by Ruth Bird. Ruth in particular painted a very negative picture of the looseleaf—basically the care and feeding is too onerous—and predicted its demise within the next 10 years.

Susannah referred to an article in BoingBoing; the comments on the article are most entertaining—mostly cries of woe from people who had been forced as part of their job duties to file looseleafs. From the tone of some of the comments you would think that looseleaf filing is a . . . [more]

Posted in: Legal Publishing

Best Practices for Training and Developing Lawyers

The September/October 2010 Issue of Law Practice Magazine focused on law firm professional development and how to build talent.

I think one of the must read articles from that issue is Building A Better Talent Game Plan: Best Practices for Training and Developing Lawyers by Marcia Pennington Shannon.

When making decisions about lawyer development and training programs, many firms focus mainly on how it will affect the short-term bottom line – especially when the bottom line is hurting due to a struggling economy. The article sternly warns against doing this: Giving the short shrift to professional development today can have . . . [more]

Posted in: Education & Training, Practice of Law: Practice Management

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