Expert evidence is crucial to patent litigation and the timely preparation and exchange of written expert reports prior to trial is one of most important steps of preparing for trial. Expert evidence is typically introduced on patent claim construction, validity, infringement and on remedies. Having expert evidence found inadmissible can significantly change the stakes at trial.

The Federal Courts Rules include deadlines for the delivery of expert reports, but typically a detailed schedule for the exchange of reports is set by the case management judge in consultation with the parties. The more detailed the schedule for expert reports, the less . . . [more]

I have worked in several law libraries, and I can remember the way each one felt when I first saw them; full of beauty and potential, but completely overwhelming. With each new library I would take a tour while someone knowledgeable about the collection explained where various things could be found, and each time I tried to take it all in, knowing full well that it would be months before I would feel confident that I could find anything. A new collection feels like a massive challenge to learn, and while I’m finally feeling more confident in my current position, . . . [more]

I have an advice monster – there, I said it! I admit that when people share their challenges and problems with me, I feel compelled to jump in and provide advice i.e., “here are some things you could do to fix this”.

I can already hear objections from my legal profession colleagues: “Isn’t that why people come to us, for our advice?” That was certainly my first reaction. I’m asking you to hold that thought and read on. I think there is much more to this.

My mediation training taught me the power of questions and coaching, as well as . . . [more]

Rule 4.3-1 of Ontario’s Rules of Professional Conduct states “A lawyer shall not advertise that the lawyer is a specialist in a specific field unless the lawyer has been so certified by the Law Society.” Similar rules are in place in other jurisdictions, although the precise language varies.[1]

The reason for the rule is straightforward. The LSO has a Certified Specialist program, intended to assist the public in determining which lawyers “have met established standards of experience and knowledge requirements in one or more designated areas of law and have maintained exemplary standards of professional practice.”[2] The . . . [more]

There was a time, for me at least, when it became expedient to appear to join those who would refute the Bill Gates’ “content is king” mantra in favour of something more transactional, like “it’s how you use the content that matters, not the content itself”. It played well, in relation to legal content, to those for whom some of it was too difficult, obscure or specialist and to those who could not otherwise relate to it. It meant that focus could be put on practice and back-office management, on other technology and tools, on marketing, sales . . . [more]

I often think about how my role as a legal marketer draws a lot of similarities to the role of a lawyer. Legal marketers are driven by clients, are relied upon for our unique expertise, and our success is tied to positive outcomes and results. But, perhaps the most significant similarity is the simple idea that if you can build strong and trusted relationships with your clients, it can mean the difference between an ordinary career and one that truly thrives.

I canvassed some of my colleagues about how they perceived relationship building in our industry and how, in practice, . . . [more]

On March 1, 2021, the long-awaited amendments to the Divorce Act, RSC 1985 c3 (2^nd Supp) came into effect, changing the word “custody” to the more accurate “decision-making”, expanding on the best interests of the child test, creating presumptions for relocation, and for the first time, recognizing family violence. In addition to these crucial substantive changes, there has been a bubbling excitement among the family law bar about the amendments’ emphasis on resolving family law matters through non-adversarial processes. (E.g.: here and here.) Except where there is family violence, and only where “appropriate”, . . . [more]

Earlier this month, the Canadian Judicial Council published updated ethics guidance for federally appointed judges. The new Ethical Principles for Judges substantially revises a 1998 document of the same name. Among the revisions is a caution that judges must be technologically competent. The section addressing judicial diligence and competence includes the following statement:

3.C.5 Judges should develop and maintain proficiency with technology relevant to the nature and performance of their judicial duties.

This provision on technological competence is a welcome addition to the Principles. Two years ago, I argued in a Slaw column that there should be a formally . . . [more]

The ever-growing use of non-disclosure agreements (NDAs) prevents those who sign from being able to “disclose” their experiences of reprehensible workplace discrimination. NDAs routinely silence the victims of sexual harassment, racism, bullying, and discrimination (among many other examples: for being pregnant, or requiring mental health leave, etc.).

Of questionable legality, NDAs are routinely demanded by defence lawyers in settlement negotiations. A gag on the victim is an obvious, albeit immoral, “ask” for legal representatives of alleged or actual perpetrators. They don’t want their reputation as a racist or a sexual harasser or a bully following them around, do they?

If . . . [more]

Let me tell you about someone I met a couple of years ago. Her name was Judge Deborah A. Batts. In 1994, the Honorable Judge Batts became the first openly gay person to be appointed as an Article III federal judge in the United States. She held this position for over 25 years in the Southern District of New York. As part of the library team in my previous position, we commemorated her 25 years of service with a candid interview during the 2019 Pride month with her fellow openly gay judges also at the U.S. Courts for the Second . . . [more]

Languishing.

Thanks to Adam Grant’s May 2020 article in the New York Times, we now have a word to describe this malaise many of us are experiencing:

“Languishing is a sense of stagnation and emptiness. It feels as if you’re muddling through your days, looking at your life through a foggy windshield. And it might be the dominant emotion of 2021.”

The opposite of languishing is flourishing.

Martin Seligman, a founding father of the School of Positive Psychology, writes in his book Flourishing that five factors together contribute to flourishing.

• Positive emotions
• Engagement
• Relationships
• Meaning
• Accomplishments

There is also a . . . [more]

Over the past year, have you noticed your ability to chit chat has changed? Those conversations you have with someone in a store, with a server at a restaurant, or at a dinner party have all but gone away. Small talk is an important workplace skill that has many benefits. Yes, we are connecting with people virtually, but those conversations are different than when we are in person.

There have been many studies on the effects that the pandemic has had on people’s social skills. From a business development perspective, our ability to connect with clients and prospects is a . . . [more]