The Register directs our attention to a recent case from England, Oxonica Energy Limited v. Neuftec Limited [2008] EWHC 2127 (Pat), in which a talented but testy Deputy Judge slowly removes strips of the skin of a person who drafted the contract under review. Peter Prescott, a highly respected litigator and someone with a masters degree in physics, opens his judgment with:

How do we interpret a formal commercial agreement if it is ambiguous and we have reason to believe that its draftsman did not have a deep understanding of the relevant law? I think that is what this case

♫ If you’ve got a plan
If you’ve got a master plan
Got to vote for you
Hey hey, got to vote for you
‘Cause you’re the man… ♫

Words and music by: Marvin Gaye and Kenneth Stover.

The fall election – in both Canada and the USA – is taking place at a particularly interesting time. Courtesy of blogs, the public are making their voices heard to a degree that has not been possible in the past. Access to the media was not particularly easy in the past, but by virtue of the Internet, that no longer matters . . . [more]

The Sedona Conference Institute is offering the 1st Annual Sedona Canada Program on Getting Ahead of the e-Discovery Curve, to be held at the Boulevard Club in Toronto on October 23 – 24.

This information-packed Conference will include panels focused on (1) The Sedona Canada Principles; (2) Management of Electronic Information; (3) Cost-Shifting and Sanctions – Judicial Advice; (4) Legal Holds: The Trigger and the Process; (5) Multi-Party, Multi-Jurisdictional, Class Actions & Other Complications; and (6) Cooperation with Opposing Counsel on eDiscovery
Issues.

For a complete agenda, a run-down on the faculty, and a registration form, visit the Program . . . [more]

As Michel-Adrien Sheppard reported here last week, the Supreme Court of Canada has a newly refurbished website. It was in fact launched over the weekend and is now up and running.

I find the re-design an improvement: there’s a more open feel from a greater use of white and lighter colours. The old site had a tendency to feel a bit claustrophobic at times.

If you’d like to see how the site had changed over time, pay a visit to the Internet Archive Wayback Machine, where there are S.C.C. pages from 1998 to the present. Sadly, the . . . [more]

An article about Avner Levin’s new study about young people and technology ran in itWorldCanada yesterday.

The article, and presumably Levin’s research, considers ways that today’s employers can keep employees happy by resisting the urge to ban instant messaging within the office. I understand the need to ensure that employees don’t feel that walking through the office doors equates to a step back in time; however, I remain unsure about the final object here. Are we simply trying to keep the employees happy as they IM with friends and utilize social networking tools at work, or is there a greater, . . . [more]

Via the Register:

Section 11.1 of the new Google Browser Chrome’s EULA:

11.1 You retain copyright and any other rights that you already hold in Content that you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give Google a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content that you submit, post or display on or through the Services. This licence is for the sole purpose of enabling Google to display, distribute and promote the Services and

The combination of the launch of the Google Chrome browser, and the current PC hardware refresh occuring in our office got me thinking about programming philosophies.

Chrome reviews say it is faster and uses fewer computing resources than the competion. And the reason we replace our PC’s every few years is not so much that the hardware is broken, but that the computing resources software requires are constantly increasing.

To some extent that is understandable, and just the nature of the beast. Hardware is constantly improving, so it is natural for software designers to take advantage of that.

But that . . . [more]

♫ Oh I…
I want to be with you everywhere… ♫

Words and music by Christine McVie, recorded by Fleetwood Mac.

It seems that we are living in a mini-renaissance with new technology applications being released seemingly daily. Google has released Google Chrome (see Simon Fodden’s post of Sept 1, 2008) with the stated justification that the web needs a solid foundation for modern web applications. Law firms face a similar problem – the need for a solid foundation for capturing of all the myriad bits of information that form the electronic client file into one place. . . . [more]

In “Mapping Memory: Web Designer as Information Cartographer” in A List Apart, a site for web developers, Aaron Rester talks about his redesigning the University of Chicago Law School’s website. He analogizes what he is doing when confronting the 6000 pages in the current site to what Quintilian, a Roman rhetorician, recommended you do if you wish to be ready to persuade. Persuasion is dependent on memory and memory is best secured by a spatial imagination, hence the cartography.

The redesign of my law school’s website is not unlike the creation of a rhetorician’s memory dwelling. Built

Google Chrome is coming. Apparently. The browser reconceived was announced in an offbeat way that only Google among the biggies could manage — by means of a comic book. Google Blogscoped has the story because it got the 38-page comic in the mail (by mail! again: only Google…) and scanned it in for our delectation.

It’s an open-source project based on Webkit, the engine that runs Safari. One of the main reasons, if not the main reason for Google’s initiative is to make this browser adept at running applications — think Google Docs et cetera.

Nothing beyond the cartoon . . . [more]

At ILTA last week, Lexis teamed up with Interwoven to announce a new product that they claim will solve the vexed problem of e-mail management, including the ability to automatically file by subject and client, as well as support for archiving and disposing of e-mail as appropriate. The tools integrate tightly with Microsoft Exchange Server and Open Text’s document management tools.

Here is the announcement: . . . [more]

Steven Matthews already mentioned last month Kevin O’Keefe‘s new law blog aggregator, LexMonitor.

I was checking out my profile this week and noticed that they already added Slaw. As a new contributor here, I was really impressed with the timeliness in which they did this.

Kudos.

Of course a little link love thrown his way earlier in the month probably didn’t hurt either. . . . [more]