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Archive for ‘Columns’

Tribunals Consulting With Stakeholders: The Rewards and Risks

Over the summer news broke about a meeting of National Energy Board (NEB) members and stakeholders in 2015, where the Energy East pipeline was discussed. Initially, the NEB stated that they had met with former Quebec premier, Jean Charest, to seek his political advice. Mr. Charest was a consultant to TransCanada (the pipeline company). An access to information request revealed that the pipeline proposal was included in the discussion and the NEB changed its story, blaming a memory lapse.

A Montreal Gazette editorial had strong words for the NEB: “this oversight will only stoke the suspicion of skeptics who fear . . . [more]

Posted in: Dispute Resolution

Legal Business Development: Are You “Networking”… or Building Relationships?

Networking… I hate that term. It conjures up images of “working a room”… smiling, shaking hands and collecting business cards. Business cards that end up on your desk under a pile of papers or left in your suit pocket only to be found the next time you wear that jacket. Sound familiar? What a waste of time and energy, don’t you agree? I think we need to redefine what needs to be done. To build a solid book of business requires strong relationships and that doesn’t happen with the typical networking methodology.

Building relationships: First you have to listen. Then . . . [more]

Posted in: Legal Marketing

Rationality Triumphant

On July 12, 2016, the United States Senate confirmed Carla Hayden, CEO of the Enoch Pratt Free Library in Baltimore, Maryland, as the 14th Librarian of Congress. It was a good day for the country, for librarians and for those who remain committed to rationality in the universe.

The confirmation by the Senate was no simple matter. President Barack Obama nominated Ms. Hayden for the position in February of this year. The Senate held a Hearing on the nomination in April. Ms. Hayden, a woman festooned with accomplishment, sailed through the process. But the enthusiasm of the Senate Rules . . . [more]

Posted in: Legal Information

Dispute Resolution Professionals – Justice Reform Needs You!!

“For good ideas and true innovation, you need human interaction, conflict, argument, debate.” 

Margaret Heffernan

These are exciting times. There is a building momentum towards justice reform to improve access to justice in Canada and abroad. Many people are coming forward to join the movement including skilled members of the legal profession, Judiciary and government. Increasingly, reform efforts are also involving users in recognition of the need to design a user-centred justice system.

I find it curious that so many of the new reformers are also skilled conflict management practitioners, including mediators. Just as one example, the BC Family Justice . . . [more]

Posted in: Dispute Resolution

Mined Gems From 2016 SLTS Conference

James Williams, a commentator on the article “Meet ROSS, the bankruptcy robo-lawyer employed by some of the world’s largest law firms”, laments the lack of reference to supporting research, or consultation with the “40 year old research community that has long focused on the use of technology in a legal setting” in Toronto. My SLAW column “The Long Tale of 2 Systems” highlighted the role both Toronto and Sydney played in the development of legal technology.

So while IBM’s Watson was mentioned a few times at the 10th annual Sinch Legal Tech Sydney Conference (#SLTS16), . . . [more]

Posted in: Legal Technology

My Ideal Law Publisher

It’s too easy to be negative about almost everything but for the most part it’s a lazy approach that requires little thought and analysis. Particularly when considering and discussing law publishing, the industry’s faults and downsides often come quickly to the fore. Sometimes this is justified. However, for present purposes the objective is to focus on what would be, for me, the ideal law publishing business. By “ideal”, I mean having those characteristics that make its objectives, efforts and results hugely satisfying and rewarding for customers, those working for such a business, its suppliers and in the interests . . . [more]

Posted in: Legal Publishing

The Best “People” Resources

Do you have people you can rely to help you when you have an FCIL research question? If yes, great! If no, or even if yes, read on because I’m about to drop some knowledge about which “people resources” are the best and what they are. These resources are helpful if you are a foreign, comparative, and international law (FCIL) librarian or legal information professional or specialist or someone who works with FCIL materials or a generalist who gets FCIL-related questions re from time to time. You can start out small (one-on-one) or go big (listservs, conferences, twitchats, associations, interest . . . [more]

Posted in: Legal Information

Stealing Your Professional Identity: Online, It’s Just Too Easy

Increasingly, professional services are available through global online platforms. It’s a popular concept and Upwork is a leading example.

Upwork is a global freelancing platform with twelve million registered independents (sellers) and five million registered clients (buyers). The result of a merger between two mega-sites (eLance and oDesk), Upwork is probably the world’s largest such platform.

Through Upwork, businesses find and work remotely with independent professionals all over the world. Hirers can find freelancers in the areas of app and software design, engineering and data science, business and administrative services, creative services such as writing and graphic design and even . . . [more]

Posted in: Legal Technology

Scarcity and Justice

Close your eyes. Imagine living in a small apartment, with your partner and your two children. You bought it because four years ago a salesman told you it was cheaper to buy than to rent. You feel cheated because there’s so much to the deal that you feel he did not tell you. But you signed so you’re stuck, the bank says. You have a job as a foreman in construction – a flex-contract on which you’ve worked for more than five years. It asks long hours, regular work in the weekend, and provides limited long-term security. You think that’s . . . [more]

Posted in: Practice of Law

Do KODI Boxes Infringe Copyright?

The Federal Court recently issued a temporary injunction on the sale of pre-loaded TV set-top boxes (known more popularly as KODI boxes) that allegedly encourage or enable copyright infringement. The relatively simple issue of whether an injunction should be granted (currently under appeal) masks the complexity of the underlying facts and legal issues at play. In what follows I discuss these complexities in connection with the two main bases of potential liability: (1) authorizing infringement and (2) enabling infringement.

KODI boxes are a multidimensional technology

The first complexity is the technology itself. These pre-loaded boxes are multidimensional both in . . . [more]

Posted in: Intellectual Property

The Passing of Maritime Law Book – the End of an Era.

While not unexpected, the announcement by Eric Appleby that Maritime Law Book will be closing its doors in November 2016, is still a bit of a shock. No one has done more than Eric and his indomitable team at Maritime Law Book to transform the nature of the case law reporting in this country. Unfortunately, access to free case law online and cost cutting by customers have combined to undermine the business model for Maritime Law Book, making its demise an inevitability.

When simple access was the issue

Few will remember a time when access to case law was extremely . . . [more]

Posted in: Legal Publishing

The Enbridge Decision and Beyond: Issues to Watch Following Gitxaala Nation v Canada

The length of time that Enbridge Northern Gateway’s oil tankers and pipelines proposal has managed to stay afloat –despite widespread opposition and the lack of any firm commercial contracts for use of its pipelines –once prompted my colleagues here at West Coast Environmental Law to ask, as John Cleese does in the famous Monty Python sketch, whether the Enbridge project was dead or merely resting.

In this vein, the recent Federal Court of Appeal (FCA) decision in Gitxaala Nation v Canada was heralded as a major legal victory for Indigenous peoples opposing the opposing the Enbridge pipelines and tankers . . . [more]

Posted in: Justice Issues

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