As you are no doubt aware, RIM Blackberry finally brought its new operating system and a new phone to market this week. The first phone, the Z10 does not have a keyboard – a first for Blackberry. 

So will this save Blackberry? My take on early reviews is that Blackberry fans will like the new phones, and they will probably result in fewer people trading for iPhones, Android phones or Windows phones when their Blackberry terms expire. But it probably won’t result in a mass of people giving up their iPhones, Android phones or Windows phones for a Blackberry.

The . . . [more]

Here’s a question raised on a US legal technology list that seems relevant to Canadian law too.

What’s the duty of care of mobile devices as pertains to patches/updates provided by the vendor and/or provider?

Example:

I bought an Android phone in June 2012, which received an over-the-air OS upgrade in late July to Android 4.0.4. This release was provided to me well after the version was released to the public. Also, since that time, 2 other versions of Android (4.1 and 4.2) have been made available. There are known security vulnerabilities in the 4.0.4 release.

Yet I’ve certainly not

. . . [more]

There is a fantastic article in the Attorney at Work Blog by Daniel Gold today titled Save Random Sparks of Genius. Part of the article discusses the art of capture:

Finding a way to capture information anytime and anywhere—and then do something with that information—is critical to our success. It allows us to snare random sparks of genius like a hunter gets his prey.

Slaw has featured posts on capture using technology tools like Evernote, and Storify. There are low tech methods for remembering those fantastic ideas; I have a friend who swears by the notepad on the bedside . . . [more]

Grantham, Carson and Jarvis LLP, located in downton New York City, was established in the 20th century and there have been Granthams in the role of managing partner since 1962. The founding partner Grantham attracted corporate clients in the financial services, entertainment, insurance, communications and manufacturing sectors. The firm served these clients well over the years and was rewarded with faithful loyalty. There were occasional troubling signs in the 1990s, though, that the clients found the cost of litigation prohibitive, especially the fees paid for document review. By 2005, some were talking about Alternate Fee Arrangements and Outside Counsel Guidelines, . . . [more]

Don Tapscott, author, speaker and advisor on new technologies and media, was interviewed by McKinsey Quarterly back in September 2012, and a video excerpt plus transcript of the interview was released last month. See: Making internal collaboration work: An interview with Don Tapscott. This interview has been raising questions around the web, and thought it would be useful to look at it here on SLAW.

A US appeals court has reversed an order banning a convicted sex offender from having a Facebook account. Would such an order be made and upheld in Canada? What limits might be possible, and how would they be enforced? For that matter, how could the order itself be enforced? It’s not hard to get a FB account in another name, though it may be contrary to the terms of service to do so.

Could a no-contact order be made for FB use, e.g. not to friend or comment on any FB page relating to or about a designated person?

Meanwhile, . . . [more]

Here's a quick tech tip I came across yesterday that might come in handy for some people. If you're using a modern browser (and why wouldn't you be?) you can turn it into a text editor by putting what follows into the location bar and then clicking in the window:

Yesterday, a news release by the Office of the Privacy Commissioner of Canada (OPC) informed the public of its recent findings following an investigation into the WhatsApp, also known as WhatsApp messenger (the report of findings can be read here). For the OPC, this investigation is a first in that is was done in collaboration with the Dutch Data Protection Agency.

WhatsApp is a cross is a “cross-platform mobile messaging app”, as described on its website. The investigation looked into whether or not the application contravened certain Principles of the Personal Information and Electronic Documents Protection Act. . . . [more]

Last Wednesday, the UK Supreme Court split on the issue of whether legal advice privilege extended to legal advice provided by accountants. In other words, did the privilege attach because of the nature of the communication, rather than the status of the person communicating.

The Court split 5 to 2, holding that legal advice privilege remains the exclusive preserve of clients of the legal profession. It protects communications passing between a lawyer and his or her client, with the lawyer acting in a professional capacity in connection with the provision of legal advice.

The Prudential case involved the issue of . . . [more]

We remember Robert Wilkins who died in Lexington, South Carolina last week.
Bob was a pioneer in the application of technology to the practice of law. In 1979 (that is not a typo), he published “Word Processing for a Law Office”. He was the editor of the Lawyer’s Micro-Computer, The Lawyers PC, The Perfect Lawyer and Shepard’s Elder Care Law newsletter. When I started going to ABA Tech Show almost 30 years ago, Bob Wilkins was a legend, since he had designed his entire Trusts and Estate practice around his technology.

Without pioneers like Bob, today’s practice is almost unimaginable. . . . [more]

At New York Legal Tech this week, Thomson Reuters will unveil an interesting basket of software products for the legal market. While a lot of hard innovative work has gone into the products to be released at the start of February, the most notable feature is the elements that they share in common.

The most significant development was not the suite of products that were unveiled but the change in strategic direction that they embody. I’ve commented before on how Thomson Reuters acquisitions appear somewhat disjointed. But this was evidence that the central vision of products like Serengeti has . . . [more]

While reading about Newegg’s victory over patent troll Soverain Software over the weekend, I was reminded of the Three Billy Goats Gruff fairy tale I read to my children just a week ago.

Soverain claimed three patents it owns gave it intellectual property rights over the “shopping cart” technology that virtually every e-commerce site depends upon. Sorverain filed lawsuits against Nordstrom’s, Macy’s, Home Depot, Victoria’s Secret, Avon and even e-retailing giant Amazon.com.

While Soverain successfully extorted millions of dollars from these e-commerce companies, it picked one last fight that would prove to be the patent’s troll’s undoing. That fight was . . . [more]