In Canada (Attorney General) v. Benjamin Moore & Co., 2023 FCA 168 the Federal Court of Appeal had to assess the effort by the Federal Court to clarify the rule around subject matter objections for computer-implemented inventions. This remains a pressing issue as inventors of computerized inventions continue to seek patent protection in Canada. The Federal Court of Appeal declined to take the opportunity to clarify the rules that would be applicable because the parties and intervenors could not provide a consistent statement of the rules they thought should apply.

The background is that Benjamin Moore had been declined . . . [more]

If you read my column from April and thought: “Yes, writing a book is exactly what I want to do with all my free time for the next one+ years”, then you may be wondering how to get to the next step of actually writing a book. Firstly, I want to include the caveat that so far my oeuvre amounts to one book, and these kinds of methodologies are personal, so please customize or outright ignore this advice as you think is appropriate for you. This post is about what worked for me.

Firstly, I will say that I designed . . . [more]

Some forms of legal research routinely take place in the legal profession. For example, research into the facts of a dispute, prior rulings, relevant regulations, and precedent often informs legal strategy, and generally precedes the presentation of a case or position. Legal research databases that facilitate everyday access to primary and secondary sources of law are staples of today’s law libraries. Legal departments the world over invest—often heavily—in knowledge management systems and legal software expressly to aid in research and curating information. In these ways, and in these spaces, the legal profession embraces research as integral to accessing the law; . . . [more]

Generative AI will disrupt legal research. Its negative impact has been highlighted in mainstream media in the UK and the US. Many legal information professionals have valid concerns about how generative AI’s application in legal research may impact the integrity of the profession. Meanwhile, social media (e.g., LinkedIn and Twitter) is flooded with legal tech companies’ commentary on how it can be harnessed to streamline legal research, improving efficiency and productivity. I reached out to several colleagues to hear their thoughts and ideas on how to address this contentious topic in their legal research classrooms.

Determining whether the impact . . . [more]

“We are already working with more people with disabilities than we think,” says Ben Lumicao, an in-house counsel in Chicago with a visible disability (cerebral palsy). More than a quarter of Americans have a disability of some kind, but only 30% of those fall into the “visible” spectrum Lumicao describes.

That’s an arresting thought for those of us currently without disabilities, and especially so in the legal profession. Many lawyers with invisible or less visible disabilities keep them hidden — in part, the article suggests, because of our profession’s cultural obsession with strength and fear of appearing weak. . . . [more]

Disputed territories is a term that comes and goes, depending on who is doing the disputing and whether the claims can be attached to other geopolitical trends or issues. Personally, I’m currently working on the concept as part of my research for my upcoming book, Legal and Government Research on US and Canadian Territories. Territories are incredibly different from one another and they continue to develop in multiple shapes and forms. For a long time, the term “territory” has become a useful bucket where national governments, the law, media, academia and national narratives lock these places in an attempt . . . [more]

To be a victim is one thing. To be a survivor is quite another. In a world where violence against women and intimate partner violence (IPV) runs rampant and unabated, victims are everywhere, seen and unseen. But survivors — those who have endured, who continue to endure, who persevere against adversity — they are everywhere too. They too are unseen, their stories and lives hidden beneath the scars they carry and the pain in their hearts. Their voices, their words, and their lives have informed everything I am about to tell you. These survivors are those who have survived intimate . . . [more]

As new technologies change how we create content, they also change how we absorb information. While content marketing is a significant tool to build relationships and create an online presence, what technology has changed, and we need to be in front of, is the way audiences consume content and the value that is added. More so than ever, clients expect more dynamic forms of communication that deliver meaningful interactions.

How we generate and share content has evolved from the early days of writing articles for newsletters and magazines to interactive publications with podcasts, webinars, live-streaming events, and virtual reality experiences. . . . [more]

When Everyone in the Legal World Knows Your Name

We are sure that New York lawyers Steven Schwartz and Peter LoDuca are not especially happy to have become famous by way of failing to vet the accuracy of ChatGPT which made up cases and citations that become a part of the brief they submitted to New York Federal Judge P. Kevin Castel.

The lawyers’ client, Roberto Mata, sued the airline Avianca, claiming he was injured when a metal serving cart struck his knee on a flight to Kennedy International Airport in 2019.

When Avianca requested that Judge Castel toss out . . . [more]

Dear Reader: The following column contains references to popular music of the mid-1990s. To heighten your reading experience, we recommend you familiarize yourself with the lead single from Alanis Morissette’s Jagged Little Pill album, along with the catalog of “Weird” Al Yankovic. It also would not hurt to hear Warren G’s Regulate, an anthem of the G-Funk era. But for that of Yankovic, the music referenced contains explicit lyrics and deals with mature subject matter that may not be suitable for everyone. Listener discretion is advised.

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It was the summer of 2022. Social media was abuzz.

An Alanis Morissette . . . [more]

By reviving the long-defunct “King’s Counsel” designation in his province, Ontario Attorney General Doug Downey has succeeded in taking what should have been a good news story and turning it into a scandal.  

The first hint of a possible issue was the making of the announcement by press release on Friday, June 30^th just prior to the Canada Day long weekend. This is a time to bury news, not to make news. In the parlance of the much-beloved political classic The West Wing, this practice is referred to as “take out the trash day”.

In the . . . [more]

You might have heard of the online game, World of Warcraft. It has 8 million players in any given month. On September 13, 2005, the game became infected with a blood plague. It was started intentionally by the game designers and was to have been restricted to a particular area of the game. But somehow, it got out and in no time, was killing off everything in site, including characters that players might have spent years building up.

The game developers and members of the community attempted to slow the spread by warning other players to avoid certain areas of . . . [more]