There has been a revolution in how software is delivered to customers. Traditionally software was licensed in a physical form. The customer traditionally received a copy of the computer program in a tangible form (disk or downloaded) and installed the software on its computer and operated the software in that manner. This also meant that the customer had to obtain and either install updates from time to time directly, or by virtue of automatic updates installed by the software supplier.

The revolution is a change to the business model. The new model has the software supplier maintain the software on . . . [more]

Litigation and arbitration are teeming with experts these days.

There are technical experts to explain what happened. Others to say whose fault it was. And another bunch to quantify the damages.

Almost every sizable case has at least one expert on the witness list. Well, never just one. Each side must have their own expert. And, of course, they never agree.

That’s the problem with experts. Recent studies have shown that people have a very hard time understanding what experts say and giving appropriate weight to conflicting expert opinions. Adjudicators are no different from anyone else.

Derek Koehler, a psychology . . . [more]

Lindsay Cameron‘s best-selling novel BIGLAW is billed as “The Devil Wears Prada meets One L, BIGLAW provides an insider’s view of the cut-throat world of big New York law firms.”

Most of the partners in the book are bullies. The book is a good read not so much because the characters and the storylines are outrageous but rather because both are credible and familiar. Cameron, a graduate of UBC’s Faculty of Law, was a corporate associate for six years in large law firms in both Canada and the United States. During that time, she no doubt accumulated a . . . [more]

I was a law student in the mid-1970s. At that time, the curriculum in common law Canadian law schools reflected a widespread, if not universal, consensus on the content and scope of the core body of legal doctrine that would prepare students for a career in the legal profession. At my law school, in addition to the common first year subjects – torts, property, contracts, criminal law, legal systems and judicial process and legal writing – we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division of powers, that is – the Charter was not yet . . . [more]

If you have ever had the un-enviable job of re-building a corporate intranet you will know where I am coming from. Corporate intranets tend to be a mass repository of just about everything, from everyone that your firm has ever produced. Intranets unintentionally become dumping grounds that are never cleaned up. Of course much of the content was important at some point, so how do you turn a vast wasteland of information into something usable, friendly and fit within your culture? It starts with a rethink.

There are many articles about how to get the project started, approved, launched, etc. . . . [more]

According to Security Magazine, the number of ransomware attacks is predicted to increase in 2016. For the second quarter of 2015, more than 4 million samples of ransomware infections were identified as compared to 1.5 million in the third quarter of 2013. That’s a pretty big increase.

Ransomware

So what is ransomware? Ransomware is a piece of malware that encrypts your data and holds it hostage until you pay a ransom. The idea is that after you pay the ransom, you receive the decryption key in order to decrypt your data and make it accessible again. The payment is made . . . [more]

One of the Canadian Forum on Civil Justice’s primary mandates is improving access to justice. How do consumer issues relate to access to justice? For consumers, access to justice is partly about holding retailers and suppliers accountable for the promises they make and for the safety of their products and services. In 2014, the Canadian Forum on Civil Justice (CFCJ) conducted the “Everyday Legal Problems and the Cost of Justice in Canada” survey with over 3000 participants across Canada. According to the CFCJ data, access to consumer justice is an issue. While formal justice mechanisms for . . . [more]

Soon, the very procedures used to produce a National Standard of Canada (an NSC) upon which the electronic records provisions of the Evidence Acts depend, will create another way of opposing the admissibility of records. That will undermine litigation based upon records, particularly criminal prosecutions. So you’d think the federal Department of Justice would be rushing to protect the Crown’s case. Well read on, then think again.

In regard to best evidence rule issues, admissibility of electronic records requires proof of the “systems integrity” of the electronic records management systems (ERMSs) in which the records are recorded or stored; see . . . [more]

There has been an interesting trend in law firms recently of gradually reducing staff in libraries, but adding information specialist positions with various job titles to business development groups. It seems like a missed opportunity for firm libraries to redefine their roles, and for library staff to explore interesting work that increases the return on investment of the library budget. Wondering why this is happening in this way, I started to think about what work takes the majority of library staff time in a firm. It seems that the likely target is the commitment to maintaining print collections, which still . . . [more]

After successfully putting it off for a decade after every other industry, it seems like the legal world is finally – FINALLY – poised on the edge of a technology revolution. Walk the exhibit halls of any legal conference nowadays and you’ll see dozens of companies ready to sell you all sorts of solutions that will make your practice life easier and save you money. But will they? How can you tell?

To that end, I developed a check list to go through whenever you are thinking of adopting or purchasing a technology product or service.

1. Know thyself. Before you

The Federal Court recently held, in Apotex Inc. v. Pfizer Inc. et al., 2016 FC 136, that there was no legal basis to invalidate an issued patent due to non-patent of an administrative fee while the application was pending. This result arose regarding a patent where an incorrect final fee was paid many years earlier during the patent pendency.

Through out the patent process, multiple fees are required by specific deadlines. These fees include annual maintenance fees, examination fees, and final fees at the time the application is granted. The Patent Act and Patent Rules set out requirements . . . [more]

The annual US Generic Pharmaceutical Association meeting in February, despite being held in Orlando, was generally not a sunny affair. Instead the central theme focused on “warning” signs that require attention from industry players in their dealings with stakeholders including Congress, FDA and the public. An “Uber-like” disruption is coming in healthcare. At the same time, Biosimilars continue to represent both uncharted successes and challenges. Regulatory approval and physician/patient education are key concerns. The standard message of “generics are the solution to increasing costs, not the cause”, and the need for a global business model, were recurring themes.

A few . . . [more]