I’ve been giving some thought to patent law since Simon Chester posted “Appeal Granted by Federal Court for Amazon.com 1-Click Patent Application” (Slaw: October 14, 2010). The case is Amazon.com, Inc. v. Canada (Attorney General), 2010 FC 1011 (CanLII). I had a look at the case, thinking it would be interesting to see how Amazon had done the 1-click thing. I was disappointed. I got the distinct impression that the judge (Michael L. Phelan) knew even less than I do about what programming for the web involves. My brief comment was sort of an invitation to others . . . [more]

According to actuarial tables, a 35 year old has a 50% probability of being disabled for at least 90 days and the average duration of disability is an incredible 3.5 years. The probability decreases slightly as you get older, but the average duration increases. The probability of a 50 year old being disabled for at least 90 days is 33%, but the average duration is almost 5 years. 

Based on the probability of having a claim, I think you’ll agree that disability insurance is a good idea, but if you believe your employee Long Term Disability (LTD) plan offers plenty . . . [more]

Recently, I have encountered a number of lawyers who have found themselves unemployed due to cuts or downsizing at their firms. Some of these lawyers were baffled that they had been let go; they had experience and were good lawyers who did their work well, kept their noses to the grindstone, made sure the work they were given by their practice groups or supervising partners got done, and met their billable hour requirements. They didn’t waste time socializing and kept out of the way, focusing on their billable work. But the very things that these lawyers thought should have kept . . . [more]

In 1910, an Englishman by the name of Percy T. Carden ^{[Fn. 1]} published an interesting proposal arguing for the creation of loose leaf law reports, which, at the time, generated considerable debate concerning the merits of ditching bound volumes in favor of publishing cases as single-issue slip opinions to be filed away in drawers. See Carden, Loose Leaf Law Reports, 26 L. Q. Rev. 75 (1910); see also Loose Leaf Law Reports, 30 Can. L. Times 244 (1910) (doubting that debris of littered “loose leaves” would ever find their way back to their proper places); Hawley, Law . . . [more]

Ever find that the change goal you most wish to breakthrough is the hardest to tackle? It’s like having one foot on the gas and one on the brake, you just can’t seem to progress. 

Chris wants to learn to delegate more effectively but every time he tries he gets burned and concludes it would have been easier if he had just done it all himself. Carrie has perpetually got too many of other people’s priorities on her plate. She would like to say no more often but every time a colleague or friend asks her for help she feels . . . [more]

Does tinkering with our long-standing parole system actually increase public safety?

In Oliver Stone’s recent sequel to the classic film Wall Street, we are treated to a scene of Gordon Gekko standing in line awaiting his release after years in jail. The camera is focussed tightly on Gekko’s soft but slightly wrinkled hands as he accepts the return of items in his property bag that were seized from him two decades ago when he began his incarceration. “One watch. One ring. One gold money clip with no money in it,” the desk officer intones. The camera then pulls out . . . [more]

My last column addressed an odd feature of current legal periodical publishing: a number of legal publishers do not expose interoperable metadata for their periodical articles on the free Web, and do not sell or license individual periodical articles online.

We saw that these practices seem unusual because they are inconsistent with industry trends, and because these publishers already use digital publishing processes, have access to free or low-cost ejournal platform and ecommerce software, often have access within their own corporate families to expertise in implementing such software and services, and, given the size of the global market and the . . . [more]

Jane was a family law associate in a large firm where she hoped to be made partner within 2 years. While she had a good client base including clients whom she had brought to the firm and excellent billings, she felt that she was invisible to most of the partners.

She didn’t work in a large practice group and had no apparent champion who might speak for her at the partnership table. She often felt that the partners saw her family practice as a sideline service they were happy to provide their corporate clients provided they didn’t have to touch . . . [more]

Last October, Les Publications du Québec — the official printer for Acts and regulations in that province — started to remove marginal notes from its newly updated consolidated legislation collection called “Compilation of Québec Laws and Regulations”. When an Act or regulation gets amended, all its marginal notes are now removed from the text. Marginal notes in Quebec legislation will therefore progressively fade out as consolidated texts are being updated.

Marginal notes are words and small phrases that were traditionally displayed in the margin of printed statutes, providing hints about the content of specific provisions. Modern typesetting conventions . . . [more]

Location-based tools and offerings have been a growing trend on the web. We haven’t yet felt the full impact of this movement in the legal world, but recent developments by Google, Facebook and others will likely accelerate the process. Here are a few examples of location services and their potential impact in the legal context: 

Google Places 

In late October 2010, Google introduced “Place Search”, a new kind of search result that places more emphasis on local businesses with a “bricks and mortar” presence. The change alters the results web users see when they perform a Google search for the . . . [more]

Toronto’s first Webcom was held on November 3^rd. The conference, in its ninth iteration in Montréal, brought together a diverse group from various information professions – communications and technology folk rubbed shoulders with librarians, consultants and marketing executives. We were treated to an equally diverse range of speakers. The program looked at social networking, collaboration and a wealth of case studies in the application of social media in the enterprise. Connie Crosby did us proud with a lightning presentation of social media tools in the enterprise. 

Shel Holtz started the day with Tactical Transparency : the Value of . . . [more]

Everyone knows you’re not supposed to do a data dump in e-discovery. But oh boy, is there a temptation to drown the other side in a case with an avalanche of useless data. Too often, law firms and their clients succumb to this temptation.

In SEC v. Collins & Aikman Corp. (S.D.N.Y. 2009), the SEC dumped 1.7 million records (10.6 million pages) on the defendant saying that the defendant could search them for the relevant evidence and asserting that it didn’t maintain a document collection relating specifically to the subjects addressed. As the court correctly noted, Rule 34 of the . . . [more]