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Archive for July, 2011

XXX Protection Racket?

The .XXX top level domain application period is underway. This has been a very controversial topic. The XXX domain is available for users in the “sponsored community”, being the “adult entertainment industry”.

One of the criticisms of this TLD is the fear that people will try to register domains using names or trade-marks of those outside of the sponsored community. disney.XXX, or apple.XXX for example.

So a procedure is in place called “Sunrise B” where for a short period of time (September 7 to October 28), trade-mark owners can apply to have their marks blocked from registration. The . . . [more]

Posted in: Miscellaneous

Renewing Outsourcing Contracts

According to a survey conducted by the Outsourcing Centre, almost 50 percent of the ITO and HRO deals were renewed. Companies often instinctively renew outsourcing contracts, especially if the existing relationship has no major issues. While it may be tempting to renew the deal because negotiating a new deal requires both parties to invest significant energy, time and money, customer must decide whether or not renewal is the best option. Renewal is not always the right choice. 

The survey conducted by the Outsourcing Centre also shows that about 30 percent of the customers renewed the deals for a better pricing . . . [more]

Posted in: Outsourcing

New Law Journal: UC Irvine Law Review

A short while ago the first issue of the UC Irvine Law Review became available via the UC Irvine website. Given the school’s initial growing pains it is welcome to see this first issue. Many SLAW readers may remember the political controversy involving the initial offer, withdrawal of offer, and rehiring of leading US constitutional law scholar (and frequent critic of the Bush administration) Erwin Chemerinsky as the school’s Founding Dean. Dean Chemerinsky addresses the controversy in the journal’s opening article on the school’s founding and his vision for a new law school. Of interest to SLAWers is that . . . [more]

Posted in: Education & Training: Law Schools, Legal Information, Legal Information: Libraries & Research

Strategic Thinking in Legal Research

Law students or young lawyers sometimes struggle when they are faced with a complex research problem. Where do they start?

At the root of this is the need to think strategically about the problem to identify what sort of problem it is and how to best break it down into manageable pieces.

In retrospect, I realize that I in fact don’t necessarily address this challenge head on in my book, aside from citing some of the suggestions on how to analyze the facts and the law made by Maureen Fitzgerald in her Legal Problem Solving – Reasoning, Research & . . . [more]

Posted in: Legal Information: Libraries & Research

Advice to a Leadership Successor

Early in July I launched Law Firm Leaders – the ONLY group on Linkedin exclusively for and populated by firm chairs, managing partners, and a few qualified executive committee members of (primarily U.S.) firms with over 100 lawyers in size. With an initial membership of over 60 law firm leaders, this question from my colleague, Brian Burke, quickly became one of the most popular, generating numerous responses:

As you think back over your years of service as a managing partner, as you think about some of the leadership lessons that you’ve learned (perhaps some through trials of fire), what one . . . [more]

Posted in: Practice of Law

Distracting Technologies

Since I am on vacation this week, I have been spending extra time with distracting technology like Google Plus. Another example of distracting technology is the D5 Cat that is moving clay and top soil on the Mireau Farmette at this very moment. It is very distracting attempting to compse a coherent Slaw post when there is a piece of heavy equipment appearing out the window at frequent regular intervals and a shovel waiting to be (wo)maned for the finishing work.

We, and I mean me, frequently define technology in its most circuit related form. In our modern world where . . . [more]

Posted in: Technology

Mandatory Family Mediation Information Session

The province of Ontario will now require divorcing couples to attend an information session on mediation, which will be necessary before their proceedings can go forward. This information session is meant to provide alternatives to the court system in the hopes that it will alleviate the heavy caseloads many courthouses are facing.

As reported by Ms. Kathryn Blaze Carlson in the National Post:

By mandating the information session, and by subsidizing mediation for couples who choose to forgo litigation, Ontario has joined an international push toward mediation and away from costly, time-consuming and oftentimes nasty litigation. Britain and New

. . . [more]
Posted in: Miscellaneous, Substantive Law: Legislation

Virtualization and Cloud Computing: Benefits and E-Discovery Implications

What exactly is virtualization and why is there so much buzz about it these days? Virtualization can occur in many forms, but most initially think of using virtualization to consolidate servers into a single hardware platform. Essentially, you can run multiple servers on a single piece of hardware, where each “server” has its own memory “footprint” within the host machine. Servers are the most common devices when firms embark down the virtualization path. There are many other forms of virtualization such as desktop, network and storage virtualization. Desktop virtualizations occur in the larger firms all the way down to solos. . . . [more]

Posted in: Legal Technology

Unanticipated Consequences

or, as ever, be careful what you ask for, and from whom you ask it.

or, paraphrasing a certain English r&r band, you may not always get what you want, but you’ll sometimes get what you need.

Like the Buckley commercial says, though, you may not like the taste. (I have no idea how it tastes, since I’ve never tried it.)

Pennyfeather v. Timminco Limited, 2011 ONSC 4257 (July 13, 2011)

(Perell J.)

[1] The Defendants, Timminco Ltd., Dr. Heinz Schimmelbusch, Robert Dietrich, Rene Boisvert, Arthur R. Spector, Jack L. Messman, John C. Fox, Michael D. Winfield and Mickey M. . . . [more]

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

New Librarian News Digest

Law library consultant Nina Platt is the editor of the new PinHawk News free daily email alert service for law librarians, the Librarian News Digest.

From the inaugural issue:

Welcome to the first issue of the daily Librarian News Digest, a free digest of news from publications and blogs on the internet that focus on topics of importance to librarians. As editor of Librarian News Digest, my goal is to track pertinent news and select what’s most important to you as a librarian. Expect to see news and ideas that help you manage, acquire, organize, research, and market your

. . . [more]
Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Reading

Responses to ABA, North Carolina Proposals RE: Cloud Computing

Back in May I wrote about two sets of proposals that may impact the adoption of cloud computing technology among lawyers.

The first set of proposals comes from the ABA Commission on Ethics 20/20, which has issued an initial set of draft proposals addressing lawyers’ confidentiality-related obligations when using technology. The second set of proposals comes from the North Carolina State Bar in the form of in Proposed 2011 Formal Ethics Opinion 6 – Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property.

Last week the comment periods for both proposals . . . [more]

Posted in: Practice of Law: Practice Management, Technology: Internet, Technology: Office Technology