As service levels and service level credits have become a standard component of outsourcing agreements, service providers have responded with requests for earn backs: the right, if a specified level of performance is achieved, to earn back, or not have to pay, the service level credit. However, if earn backs are to be included in an outsourcing agreement as part of a service level regime, they need to be defined carefully at the beginning and integrated into the service level methodology: when they are included late in the game, as a concession granted by the customer in response to a . . . [more]

After years of considerable criticism from the international community, Saudi Arabia has finally passed an anti-domestic violence bill. On August 26, 2013 the Saudi cabinet passed a 17-article protection from abuse law, which would provide up to one year in prison and $13,300 fine for those guilty of committing psychological or physical abuse.

The issue of domestic violence in Saudi Arabia is not limited to nationals, but also affects the significant migrant worker population located there. Numerous cases of abuse towards maids and domestic works have attracted international scrutiny.

Although many critics have attributed these lack of protections to the . . . [more]

Yesterday gave us rare opportunity to see the glory of the delivery of the famous “I Have a Dream” speech, as many in the world commemorated the fiftieth anniversary of the March on Washington.

Commentary about the March and the speech, their context and their legacy abounded this week. But many also heard the entirety of Dr. King’s speech, delivered in his own voice. The copyright in the speech is protected and strictly enforced, now by his estate.

Some media outlets secured the required permissions for wide reproduction of the speech or its broadcast. Licence fees . . . [more]

An appeals court in the US has held that in principle, someone who sends a text message to someone she knows is driving (in this case, a motorcycle) and is likely to text back while driving, can be liable for damages caused by that driver while distracted by texting [Kubert v. Best]. In the case in point, the court held that the woman who was texting her boyfriend did not know he was responding while driving, so she was not liable for the damages he caused. (He himself settled with the victims, but his insurance did not cover . . . [more]

A couple of years ago, Connie Crosby mentioned on Slaw (third comment) that she had been surprised to discover that when she ‘Liked’ a page (by joining a ‘fan club’) devoted to a product, her name later appeared in advertisements for that product on her Facebook friends’ pages.

A number of others appear to have been not only surprised but offended at this practice. They brought a class action against Facebook for the practice, an action now settled for $20 million. Whether Connie gets a share of that, I can’t say. Probably not enough to fund a bottle of . . . [more]

When someone says that they will do something, I expect them to do it. Call me naïve, call me impatient, both are likely true. Back on August 20, The Canadian Press/Global News shared that Prime Minister Harper was intending to prorogue Parliament.

The official prorogation proclamation will be published in Canada Gazette Part II. Usually when prorogation is decided outside the publication schedule of the Gazette (which is every second Wednesday for Part II), it is done with an EXTRA issue. There were EXTRAs published with prorogation in September of 2007, September of 2002, and September of 1999. A search . . . [more]

When Prime Minister Stephen Harper asks the Governor General to prorogue Parliament before its scheduled return on September 16, 2013, and will mark the end of the 41st Parliament; consequently several pieces of legislation will die on the order paper in either the House of Commons or the Senate.

Some publicity has been given to a recent Texas judgment that held that Bitcoins were a form of money, and thus a scheme by which investors hoped to increase their holdings of bitcoins was subject to securities regulations.

Is there any doubt that a similar holding would be made in Canada?

It was not necessary to find that bitcoins were a form of money in order for the investment to be a security. I recall from law school days securities that promised gains from chinchillas, for example.

The holding that bitcoins were money was needed in that particular case because . . . [more]

The Office of the Information and Privacy Commissioner for British Columbia has published another document to help businesses improve online privacy practices. This comes after an August 2013 report from Global Privacy Enforcement Network (GPEN) that shows B.C. companies have work to do to make their privacy policies clear and accessible to the public.

The Cyber-safety Act, SNS 2013, c 2 came into effect in Nova Scotia this week. This act followed a high profile case of cyber-bullying that occurred in the province that was the final straw, so to speak, that led to a high profile report and the legislature to act with the creation of this act.

The act has some interesting points that should be intriguing playing out in case law. It establishes Cyber-bullying as tort where the victim can sue the perpetrator and more interestingly, is that if a minor commits cyber-bullying this act allows the victims to sue . . . [more]

New rules have been adopted regarding procedures for the processing of certain applications for a Certificat de sélection du Québec submitted by permanent workers, investors, business people and self-employed workers. These changes were published in the Gazette Officielle du Quebec on Wednesday, July 17, 2013. These new rules are in effect from August 1, 2013 to March 31, 2014.

We have The Court for Canada, the New Zealand Supreme Court Blog, for New Zealand, and SCOTUSblog for the United States. As of last week, Australia also has a blog dedicated to discussion of the decisions of its highest court: Opinions on High. Indeed, Melbourne Law School, at the University of Melbourne, expressly noted the influence of these three blogs in the development of its own high court commentary site.

It seems an objective of the Opinions on High is to engage a wide audience. Melbourne’s Associate Dean (Engagement) Professor Miranda Stewart not only expects the site to . . . [more]