The latest episode of the new video podcast Social Mediators by Thornley Fallis PR professionals Joseph Thornley, Terry Fallis and Dave Fleet raises some good questions about employee policies, especially around social media. In it, they talk about whether employees should take care in what they say on their personal lives (notably online) and whether they are always representatives of their companies. Also see the full Pro PR blog post Social Mediators 2: Are you always one of us?

The first video referenced in this episode is available here.

Also related: Comprehensive Database of Organizational Social Media Policies (Michel-Adrien . . . [more]

In the first of a two-part comment on Law.com’s Law Technology News, Leonard Deutchman discusses the recent case of TR Investors LLC v. Genger No. 3994-VCS, Delaware Court of Chancery (Dec. 9, 2009) [PDF]. Somewhat oversimplifying matters, the relevant facts were that during the course of litigation between Genger and TR Investors (the Trump Group), there was a stipulated status quo order that provided, in part:

. . . the plaintiffs and the defendants, and their respective officers, directors, agents, [etc.] . . . are hereby restrained and enjoined from, directly or indirectly . . . tampering with, destroying

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David Canton previously mentioned privacy concerns with status updates on social media. But these concerns could translate into higher premiums for homeowners as well, simply for using social media.

The Telegraph is predicting that premiums in the U.K. could be adjusted in the future to reflect the supposed inherent risk in participating on social media platforms,

Darren Black, the head of home insurance at Confused.com, said: “I wouldn’t be surprised if, as social media grow in popularity and more location-based applications come to fore, insurance providers consider these in their pricing of an individual’s risk. We could see rises of

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Apparently, according to Boing Boing, a high school in Pennsylvania supplied students with laptop computers … with the unusual and unannounced feature that the school could remotely turn on the webcams installed in the computers and watch the students away from the school, such as at home, without the students knowing about it.

A lot of people find this very offensive – but what is the offence, exactly, as a matter of law?

Is it the unauthorized use of the computer? It’s the school’s computer. Does that make a difference? Does it make a difference if the terms of . . . [more]

François Senécal blogue en direct de la conférence Droit Civil et Technologie sur Ledjit.ca

A study commissioned by the U.K. Ministry of Justice, “Are Juries Fair” [PDF] by Cheryl Thomas, examined the following issues:

• Do all-White juries discriminate against BME defendants?
• Do jurors racially stereotype defendants?
• Do juries at certain courts rarely convict?
• Do juries rarely convict on certain offences?
• Do jurors understand legal directions?
• Do jurors know what to do about improper conduct in the jury room?
• Are jurors aware of media coverage of their cases?
• How is the internet affecting jury trials?

concluding that there was “little evidence that juries are not fair” and that “research from other jurisdictions should . . . [more]

A post today from Andrew Gomez on the Google Blog:

Imagine being in a foreign country staring at a restaurant menu you can’t understand, a waiter impatiently tapping his foot at your tableside. You, a vegetarian, have no idea whether you’re about to order spaghetti with meatballs or veggie pesto. What would you do? Well, eventually you might be able to take out your mobile phone, snap a photo with Google Goggles, and instantly view that menu translated into your language. Of course, that’s not possible today — but yesterday at the Mobile World Congress we demonstrated a

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[A post for Ontario lawyers]

As of January 1, 2010, big changes to three parts of Ontario’s Rules of Civil Procedure came into effect. These changes are intended to streamline the litigation process and increase access to justice. Many of the changes to the rules are a result of the Civil Rules Committees (CRC) consideration of the Osborne report. These are the most extensive amendments to the Rules of Civil Procedure since they were first adopted in 1985. There are no general transitional provisions and in most cases these amendments apply to existing proceedings.

Taran Virtual Associates has created . . . [more]

It has been a little over a month since the changes to the Ontario Rules of Civil Procedure have brought in “proportionality” as a governing principle and brought in specific directions regarding proportionality in the discovery process. This is a summary of a quick case law review I conducted for recent Ontario civil procedure decisions citing the proportionality concept.

By numbers alone, it appears Ontario courts are citing the principle slightly more. I counted 15 civil procedure cases reported on Quicklaw that mentioned proportionality from January 1 to February 14. For the same period last year the number was eight. . . . [more]

Simon Fodden first spoke about the new Google Buzz here on Slaw last week. He didn’t have access yet at the time (do you now, Simon?).

First impressions

I was surprised to see it appear unannounced in my Gmail box a few days ago as an option on the left side of my mailbox. When I clicked on it, I was even more surprised to see I had followers and people I followed already set up (those people I was connected with who also have Gmail accounts). I was already privy to a number of conversations in progress. My . . . [more]

Citius, Altius, Fortius. Let me join the (undoubtedly numerous) others appropriating olympic symbolism this week. In this case, the olympic motto (Swifter, Higher, Stronger) happens to be a timely way to summarize this week’s biotech news.

Citius:Matthew Herper at Forbes called for faster communication to investors when companies deviate from their agreed clinical trial plan with the FDA. Herper suggested that the FDA should disclose the actual agreements with the companies; but I argued that as with any other material information, it is the company’s job to communicate with its investors.

Altius: This week certainly saw higher . . . [more]

I’ve covered the Apology Act on Slaw before, and Dan Pinnington has touched on the implication for insurers.

One of my professors at UWO, Dr. Craig Brown, has taken it a step further, and suggests it may even assist insurers. Dr. Brown is the author of Insurance Law in Canada, probably the foremost work in this area.

In a recent article in The Lawyers Weekly he states,

…apologies will likely benefit defendants and their insurers by reducing both the damages payable and the costs of reaching a settlement.

The legislation encourages interaction between the parties to a

. . . [more]