Why do we care about deleting data from mobile devices? Usually, we are trying to get back data that we inadvertently deleted. It could be that we “fat fingered” an e-mail or text message or blew away a photo that we really wanted to use as a background image. But what about when we are upgrading our smartphones, iPads or other mobile devices? Do you really know what confidential or personal information resides within the memory of your prized possession? As lawyers, we have an ethical obligation to protect the information of our clients. This means that we better be . . . [more]

Summer is here, golf courses are packed, people are at the summer cottage and your marketing department is likely already looking into this holiday gifts. Seems crazy but it’s true. This year the first contact I had from a supplier regarding holiday gifts was just after Victoria Day in May.

Each year marketing departments try to come up with new and unique yet a generic enough gift that will make the masses happy. For smaller firms and sole practitioners this can be somewhat easier as they have the ability to purchase individual gifts and can do it later in the . . . [more]

Have you applied for insurance and been told there will be a contractual exclusion or increased premium?

It’s more common than you might think.

When a broker provides you with a life, disability or health insurance proposal, the price and contractual benefits assume that you are eligible as quoted.

Insurers will not make you an offer of insurance unless the odds of making a profit are in their favour and most people will receive an insurance offer exactly as quoted. However, there are times when an insurance applicant represents a financial risk that exceeds the insurer’s assumptions due to a . . . [more]

Co-authored by Anh Huynh, the Competitive Intelligence Manager at Davis LLP

There are fads and good ideas: distinguishing between the two is not easy, but that does not mean we should not be willing to try something new. By informing ourselves, reading the pulse of our institution and using our own good judgement, we are more than prepared to identify an unmet need in our information services and how to fill it.

A number of years ago I kept hearing about CI (Competitive Intelligence). I read articles, went to sessions at conferences and was generally finding that CI was moving . . . [more]

A few months back, Jordan Furlong penned one of his annoyingly insightful articles (“The Problem With Lawyer Advertising”) in which he noted the lack of client focus in most legal advertising, and suggested that marketing is one area where the coming wave of competition from “non-lawyer” entities will soon have them eating your lunch. It is a provocative thesis, and Furlong buttresses it with a link to an extremely compelling 90-second TV spot for British legal franchise Quality Solicitors.

I thought it would be worthwhile to dig a little deeper into WHY legal advertising isn’t consistently better . . . [more]

For over 30 years, every Canadian law student has read these words:

Mr. Pettkus and Miss Becker came to Canada from central Europe, separately, as immigrants, in 1954. He had $17 upon arrival. They met in Montreal in 1955. Shortly thereafter, Mr. Pettkus moved in with Miss Becker, on her invitation. She was thirty years old and he was twenty-five. He was earning $75 per week; she was earning $25 to $28 per week, later increased to $67 per week.

To protect their privacy interests, is it too late to re-style the case P (L) v. B (R)?

I . . . [more]

Well, well…what a surprise. The LexisNexis sale rumours have raised raised their ugly head above the parapet again. This time after a report authored by Ian Whittaker of Liberium Capital ( http://www.liberumcapital.com/research/research.aspx) published in early July. Obviously this report that won’t make many employees at LN feel particularly comfortable about how long they’ll have a job at the company

Whitaker’s report suggests that the days of Reed being one large publishing conglomorate are numbered and that one of the first sensible steps for splitting up the company would be to sell off the Lexis Nexis division.

We’re not sure . . . [more]

As time marches on it is clear that one of the most important recent cases of the Supreme Court of Canada in the field of copyright law has been CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339 (“CCH”) in which the Court breathed real meaning into the fair dealing exception, now called a user’s right.

CCH was preceded by Théberge v. Galerie d’Art du Petit Champlain inc., [2002] 2 S.C.R. 336, where the Supreme Court of Canada explained that copyright law provides a balance between creators and users, namely:

the purpose of

I am a horse for a single harness, not cut out for tandem or team-work…for well I know that in order to attain any definite goal, it is imperative that one person do the thinking and the commanding.
–Albert Einstein, quoted in Quiet: The Power of Introverts in a World that Can’t Stop Talking by Susan Cain

A new book called Quiet: The Power of Introverts in a World that Can’t Stop Talking has rocketed to the New York Times bestseller list. The author, Susan Cain, is a former Wall Street corporate lawyer. I got an early taste of Susan’s . . . [more]

Some Slaw readers may soon become members of a class that is suing one of the leading sources of online legal information in Canada. In 2010, Lorne Waldman, a Canadian attorney, filed a statement of claim against Thomson Reuters Corporation for infringing Waldman’s moral right to control the reuse of his writings included in Thomson’s “Court Documents Collection” (CDC) database (available via Carswell Litigator). CDC permits subscribers to download documents Thomson copied from court files in Canadian cases. The court files include briefs and other documents written by Canadian lawyers, including Waldman. Thomson does not ask the authoring lawyers for . . . [more]

The story of the commercial, professional and administrative uses of electronic communication is a search for trust. Who are we dealing with? How do we know? How certain can we be – or do we need to be? I have reviewed the basics in my column on Authentication and Trust .

Trusted technology

Sometimes the search focuses on the technology that purports to offer trust. This can be described in terms of a specific technology, such as dual-key encryption in the framework of a public key infrastructure (PKI ), for example. At other times the focus attempts to be . . . [more]

Few people welcome the experience of arguing in court over intensely personal issues. Fewer people would pay a single nickel for the experience. With the very odd exception, ordinary people appear in court because they have no real choice in the matter. A mother fights for the custody of her infant son out of concern for his safety. A factory worker seeks wrongful dismissal damages to pay his mounting bills. A disabled man resists eviction from his subsidized apartment to avoid homelessness. And yet in spite of these common scenarios and the human need to correct actual or perceived injustice, . . . [more]