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Archive for ‘Columns’

Cut It Out – Making Webinars and Demos Better

I’ve recently returned to knowledge management in a private firm, and had lost some touch with legal tech offerings. I dove back into the deep end of the pool, and have, over the last few months, watched many webinars and demos.

It may be some time before I subject myself to another one.

Vendors are Key Players in the Industry

I appreciate vendors tremendously. They – not the legal sector – are pushing the envelope on everything from core functionality to cloud computing to next-gen AI. Vendors are always willing to share thoughts and even data on the state of . . . [more]

Posted in: Legal Technology

Proposal Resumes

Building an effective resume for proposals is hard but it doesn’t have to be. Resumes used for proposals and resumes used for job seekers may offer similar content but they are two very different documents. Understanding the difference and how to present “you” is key to delivering an effective proposal resume.

Often the marketing team is tasked to draft resumes for the lawyers that will be part of a proposal. The goal should be to balance the desire of the lawyer to include what they want while ensuring brand consistency that the firm requires. Resumes are personal and people have . . . [more]

Posted in: Legal Marketing

Requiem for a Weekly Newspaper

Fittingly, I first read it in a tweet, which linked out to a brief article online. “Your favourite legal news, delivered daily” was the headline — burying the lede with a corporate cheerfulness that seemed reluctant to actually acknowledge what was happening. Journalists are taught to tell the story in the first paragraph; here, though, you have to scroll down to the last paragraph to learn what was going on:

The Lawyers Weekly will continue to publish each week until March 31, 2017. After that date, the weekly publication will be replaced by daily access to the most relevant legal

. . . [more]
Posted in: Legal Publishing, Practice of Law

New ICC Arbitration Rules and Guidelines

The International Chamber of Commerce has adopted amendments to its Rules of Arbitration, along with a new, consolidated version of its Note to Parties and Arbitral Tribunals.

These Rules and guidelines are obviously important for international arbitration, but they may provide useful guidance on good practice for ad hoc and administered arbitrations in Canada as well.

The amended ICC Rules came into force on March 1, 2017.

The most significant changes relate to the Expedited Procedure Rules (Article 30 and Appendix VI) which will now be the default rules for claims under USD 2 million, and may also . . . [more]

Posted in: Dispute Resolution

The Real Lesson of the WikiLeaks Vault 7 Document Dump

Some days are just more interesting than others. You could almost hear the mournful wailing of spooks (the CIA kind) as WikiLeaks released thousands of documents describing sophisticated software tools used by the Central Intelligence Agency to break into smartphones, computers and even Internet‑connected televisions.

The New York Times reported that the documents, at first review, appeared to be authentic. The initial release, which WikiLeaks said was only the first part of the document collection, included 7,818 web pages with 943 attachments. The entire archive of CIA material consists of several hundred million lines of computer code according to WikiLeaks. . . . [more]

Posted in: Legal Technology

Longer Monopolies and Single Legal Proceedings vs Generics – the Gift of CETA to Canadian Drug Patentees

Canadian pharmaceutical patent owners can expect two substantive changes in the next year following implementation of the Canada–European Union Comprehensive Economic and Trade Agreement (“CETA”):

  • certificates of supplementary patent protection (“SPC”) of up to 2 years will be available to compensate for regulatory approval delay
  • an overhaul of the NOC litigation procedure is expected, with current “not-so-summary” proceedings to be replaced by one action, similar to US ANDA litigation

The recently released draft implementing legislation (“Bill C30”) provides an overview of the timing and steps for SPC, with details to follow in subordinate regulations. Procedures regarding the modified NOC litigation . . . [more]

Posted in: Intellectual Property

“Truth, Justice, and the Ethical Way”: The Legal Ethics of Government Lawyers

Ever wondered what government lawyers and superheroes have in common? Although you are unlikely to see counsel in capes, flying through the metropolis, government lawyers and superheroes serve the public in the pursuit of justice. Both are accurately described as guardians of the public interest, albeit in very different contexts. Government lawyers and superheroes also hold great power and must use it to advance the public interest ahead of all else. And with great power comes great ethical responsibility.

The intersection of professional responsibility and the public service situates the unique role of federal and provincial government lawyers in the . . . [more]

Posted in: Law Student Week, Legal Ethics

Lawyers Behaving ‘Badly’: Should Lawyers Be Breaking the Rules?

The Faculty of Law at the University of Ottawa is known for its expertise in social justice and in my experience many of my colleagues decided to attend this institution for this reason.[1] When I applied and accepted my offer of admission to the University of Ottawa I did so because I hoped that my professors would provide me with the knowledge and skills that I will need to practice law within a system of laws that is not “always a system of justice”.[2] I have not been disappointed in this respect. However as my time as a . . . [more]

Posted in: Justice Issues, Law Student Week

Legal Information’s New Coke Moment

One of the high points of the history of the Canadian Association of Law Libraries – L’Association canadienne des bibliothèques de droit (CALL-ACBD) was the “Quebec Riot” of 1989. Carswell had changed the Canadian Abridgment over the prior years, and law librarians intervened to ensure the major reference source in Canadian law continued to work for researchers and libraries, which were the primary customers for the service.

Part of this change was the result of a drive toward comprehensiveness and the resulting increase in volume of the books themselves, which no longer fit on libraries’ shelves, and the . . . [more]

Posted in: Legal Information

Wresting Authority From the Regulators: The Proper Role of the National Energy Board in Environmental Assessments

It is not every day that we have an opportunity to effect transformative legal change. It is natural, then, that when last summer a number of cabinet ministers announced the review of four key federal environmental laws, West Coast Environmental Law – along with other lawyers, academics, environmental groups, Indigenous peoples and the general public – took a keen interest. Through these reviews we have an opportunity to not only strengthen environmental processes and substantive legal protections, but to also transform the governance of environmental planning and decision-making.

This opportunity is perhaps most pronounced in the reviews of federal . . . [more]

Posted in: Justice Issues

Calling a Spade a Spade – It’s Probably a Shovel: Standards of Proof in Administrative Proceedings

One of the predominant topics in any discussion about administrative law is standard of review. The standard of review is at the heart of judicial review proceedings. What I find much more interesting is standard of proof. The vast majority of administrative law decisions never go to judicial review, or even to an administrative appeal tribunal. The decision at first instance is often the final decision. From that perspective, the standard of proof is a far more important concept.

Statutory Standards of Proof

For administrative tribunals, the default is the civil standard of proof on the balance of probabilities, subject . . . [more]

Posted in: Administrative Law

Leadership Styles for Practice Group/Client Team Leaders

Law firm marketers have been fundamental to the establishment and management of many law firm practice groups and client teams in North American law firms. Critical to the success of these efforts has been the ability to help train team members in their respective roles. Toward the end of my time in-house, I conducted research on what makes for a successful or failed team. The number one reason in both instances? Leadership. If you are charged with starting, running or overseeing a practice group or client team – or if you have any leadership role in your firm (such as . . . [more]

Posted in: Legal Marketing

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