I attended a webinar today by the CBA entitled Safeguarding your Client’s Confidential Information – Tips and Traps. Presented by David Fraser and Dominic Jaar.

 Here are some of the highlights.

Quote from security expert Bruce Schneier:

“Hardware is easy to protect: lock it in a room, chain it to a desk, or buy a spare. Information poses more of a problem. It can exist in more than one place; be transported halfway across the planet in seconds; and be stolen without your knowledge.”

This is primarily a people issue – requires training and understanding. It’s not just about technology. . . . [more]

Although my current work focuses more on knowledge and information management, I have in the past worked more formally as a research lawyer and I currently work with and know many others who work as research lawyers.

Based on recent discussions with colleagues on the role of legal research lawyers, I thought I would re-visit the topic and update my thinking in light of the changes in the economy and technological developments.

Just over 5 years ago here on SLAW, I posted Legal Researchers in the Year 2020 (30 November 2005). In that post, I discussed the likelihood that technology . . . [more]

The HB Gary email leak just keeps on giving. First reported over a week ago, the leak of more than 50,000 internal emails was made by Anonymous, and revealed planned attacks by HB Gary on Wikileaks. The attacks were to be made at the behest of Bank of America, as it girded its loins in preparation for a promised exposure. Apart from demonstrating government involvement in the plot, which included targeting journalists the email have also shown a similar conspiracy in service of the US Chamber of Commerce. Now the emails have revealed the extent to which . . . [more]

Supreme Court of Canada Chief Justice Beverley McLachlin spoke last week at the University of Toronto’s Access to Civil Justice for Middle Income Canadians Colloquium about how ordinary people risk being priced out of the justice system. In her speech, she called on governments, academics, judges and lawyers to work to ensure better access to justice for all Canadians.

Her speech and the colloquium attracted some media attention:

• Access to justice becoming a privilege of the rich, judge warns (Globe and Mail, February 10, 2011)
• Legal system doesn’t work for ordinary people, top judge says (Vancouver Sun, February 14, 2011)

. . . [more]

The Toronto Star is running a front-page story today about Jaime Laskis, a former associate at the New York offices of Osler, Hoskin and Harcourt, alleging discrimination. The Statement of Claim, filed in the District Court of New York by Liddle & Robinson LLP, can be viewed here.

Laskis complained about the allegedly discriminatory behaviour, and the individual responsible was eventually removed from the position of Legal Professional Committee (LPC) representative, and internal review committee within the firm. However, Laskis claims that she continued to be underpaid and treated unfairly even after this removal.

She was eventually . . . [more]

Nominations for the Law Society of Upper Canada’s 2011 Bencher Elections closed on February 11, 2011. A complete list of candidates can be found here.

Although there was some discussion about having this election entirely paperless, the law society has opted to have both Internet and mail-based voting in place.

We’re already starting to see some heavy campaigning online. . . . [more]

At a legal function last week I heard the often quoted lines from King Henry VI “The first thing we do, let’s kill all the lawyers.” Lawyers are quick to point out that this is a speech by a villain. The plan is that once the lawyers are gone, there will be no impediment to villanry: there will be no one to assert rights.

I warmed to my theme: the unintended consequences of promoting mediation at the expense of the traditional civil trial system.

If mediation supplants rights-based dispute resolution, this does not mean villanry, but it does mean that . . . [more]

Real estate law accounts for the second highest number of legal malpractice claims in Ontario, after civil litigation. But real estate law is responsible for a higher percentage of claims costs than litigation – and the trends are up for both the count and cost of real estate claims.

For the years 1999-2009, real estate-related claims averaged 29 per cent of LAWPRO ’s claims count (612 claims per year), and 30 per cent of our claims costs ($19.7 million per year). On average, resolving a real estate claim cost LAWPRO $43,325 over that period.

And the big surprise to most . . . [more]

Taco Bell has been the target of class-action false advertising lawsuit over the beef content of their tacos, summarized here in this video from the Associated Press. The Statement of Claim by California law firms Blood, Hurst & O’Reardon LLP, and Beasley, Allen, Crow, Methvin, Portis & Miles is available here.

Ashby Jones of the Wall Street Journal points out that most corporate lawsuits result in this approach to crisis management:

1) Say as little as possible; but . . .

2) Deny the allegations; and . . .

3) If anyone presses further, say “it’s corporate policy

. . . [more]

The National Institute of Standards and Technology (NIST) has issued two new draft documents on cloud computing for public comment, including the first set of guidelines for managing security and privacy issues in cloud computing. The agency also has set up a new NIST Cloud Computing Collaboration site on the Web to enable two-way communication among the cloud community and NIST cloud research working groups. Ethics regulators, lawyers and cloud providers may wish to become involved in the dialogue to ensure the development of the cloud to serve the public interest as well as the needs of lawyers, clients and cloud developers.

After close to 10 months with a 3G-WiFi iPad, I am finally “returning” my BlackBerry (through my employer) in favour of using my own iPad as my sole communication tool.

The advantages of the iPad:

• screensize: larger screensize with the ability to “expand” text using the 2-finger swipe/stretch technique (this is a huge factor for older people like me with dwindling eyesite)

• browsing: fully functional browsing on the Internet, including the ability to do meaningful Westlaw, Lexis and CanLII searching (among other legal research databases)

• email: a great email client, allowing the ability to have both personal

. . . [more]

Many wills include one or more bequests to charitable or religious institutions. In spite of the testator’s good intentions, these bequests often lead to claims when there is confusion over which institution was to receive the bequest. These mistakes often come to light only when the estate is being distributed – and they can lead to costly and time-consuming litigation when charities fight over the bequest.

Many of the claims reported in this area could be avoided if lawyers took steps to confirm that the information given by the testator is correct when the will is being drafted.

Often testators . . . [more]