Adrian Lurssen’s recent piece, “Are We Heading to a Post-Blogging World?”, made waves last month, and I’ve been mulling it over ever since. In short, Adrian discusses the growing trend of writers foregoing their own blogs to publish under branded media platforms such as the Huffington Post. He cites the presence of a built-in audience and the ability to piggyback on brand reputation as answers to the problems of “how to be read” – reasoning that “how to publish” has never been easier.

Adrian is spot-on in his assessment of the value of developing a targeted readership. I . . . [more]

A couple of weeks ago, The Economist carried a leading article and a special report on inequality. In The Economist terms: “inequality has reached a stage where it can be inefficient and bad for growth”. The recently published 2012 Global Risks Insight Report of the World Economic Forum features “severe income disparity” amongst the most likely global risks (at p. 11). It is also described as a “critical connector”, linking to other key risks like failing global governance, chronic fiscal imbalances, critical systems failure, and unsustainable population growth (p. 14). A 2011 OECD Report entitled Why Inequality Keeps Rising also . . . [more]

I have been retired for one year, but still continue to work on one of my favorite causes – access to legal information as a basic societal right. Many years ago, when I was a documents librarian, the rallying cry of law librarians was “Documents to the People.” Now we have a much less catchy, but more accurate American Association of Law Libraries (AALL) policy statement that “Federal, state and local authorities must ensure government legal information is permanently available to the public at low or no cost, in an easily accessible and professionally maintained environment.” This policy does not . . . [more]

I had the privilege of attending Bernard Mayer’s two day workshop on Vancouver Island last month. Bernie is one of the pioneers and visionaries in the conflict resolution field and his two most recent books (Beyond Neutrality and Staying with Conflict) have transformed my understanding of the field and the roles of people who work within it.

The workshop focused on what Bernie calls “enduring conflict”, conflicts that have a significant enduring element. They are typically:

• deeply rooted
• identify based
• value driven
• embedded in structure
• systemic and complex

Bernie points out that enduring conflicts will not be “resolved” . . . [more]

Do you and your firm have a succession plan? Or maybe this sounds familiar: “I’ve been meaning to think about it, but it always gets pushed to the side by the everyday demands of the practice.”

I met a partner from a small firm that said nearly everyone in the firm was approaching retirement in the next nine years. When I asked what their succession plan looked like, his response was typical… “Quite frankly we haven’t given it a thought.” I followed up with… “Will you close the doors when the last partner retires?” He shrugged his shoulders indicating that . . . [more]

Mobile devices provide lawyers with increased opportunities to unwittingly share confidential or private client information. One of the more common scenarios is when a lawyer or law firm staff has left the office and is using a wireless network connection. It is common to focus our hand-wringing on coffee shop wireless networks, but a home network or one in an airport, public library, courthouse, or opposing counsel’s office poses the same issues.

You can secure your activity outside the office by using a virtual private network (VPN) to encrypt your activity. If your practice is entirely cloud-based, working through an . . . [more]

This year’s Open Access Week (Oct 22-28, 2012) offers much to celebrate, whether with Directory of Open Access Journals, surpassing 8,000 journals or ROARMAP now listing close to 250 open access mandates among universities, departments and institutes. The mega-journals, from Public Library of Science, with PLoS One, the Nature Publishing Group, with Scientific Reports, or the Royal Society, with Open Biology, link open access to the first new principle of digital scholarly communication, namely, that there is room in any given journal for all of its peer-reviewed-and-approved articles, and the world is richer by the appearance . . . [more]

“Having spent the better part of my life trying either to relive the past or experience the future before it arrives, I have come to believe that in between these two extremes is peace.” – Author Unknown.

If your legal practice or life are anything like mine, you have too many things you need to do and too little time to get them done. I often wake in the morning and think of what I need to get done at work that day. Frequently, at the end of the day I realize that I only accomplished a portion of what . . . [more]

New requirements are coming for lawyers wanting to become patent and trademark agents. Registered patent and trademark agents are able to represent applicants before the Canadian Intellectual Property Office.

Proposed amendments to the governing regulations were recently published in the Canada Gazette (“Rules Amending the Patent Rules”, “Regulations Amending the Trade-marks Regulations”) for comment. I expect the final amendments to be very similar to these proposed changes and will likely come into force in the next several months. Earlier versions of these changes were published by the Canadian Intellectual Property Office (CIPO) several years ago.

Many of . . . [more]

Sometimes you need to know how an act (or a specific section of an act) read at an earlier point in time. It may be to confirm that the relevant portions of the legislation have not changed, to determine how a contract should be interpreted, or for some other reason.

Finding a point-in-time version of an act can be a challenge. Fortunately a number of electronic services offer point-in-time versions of legislation, although few of these services go back more than ten years. There are three main sources for point-in-time legislation: government websites, Quicklaw and CanLII.

The federal government provides . . . [more]

The Patented Medicines (Notice of Compliance) Regulations (SOR/93-133) provides the framework for most of Canada’s patent litigation. The Patent Act and the PM (NOC) Regulations seek to balance “effective patent enforcement” over new and innovative drugs with the “timely market entry” of lower priced generic versions once the patents have expired. The PM (NOC) Regulations provide innovators of pharmaceutical patents (‘innovator’) with an ability to list their patents on a Patent List. A generic drug maker who wishes to obtain consent from Health Canada to market a drug based on the same active ingredient (called a Notice of Compliance or . . . [more]

As 2012 draws to a close you will likely be invited to a number of holiday celebrations with your clients and co-workers. Many important business relationships have been formed around the buffet table or the bar. Unfortunately if you go to enough parties, and you’re bound to see a few good reputations crumble.

Holiday parties offer a great opportunity to mingle and network but you need a game plan and plenty of common sense. The type of party will determine your game plan. If it is an internal party, are there people in the firm you want to get to . . . [more]