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Workplace Law as Information Law, Part II – the “Virtualization” of Workplace Harms

This is the second of three posts on how information and privacy issues are shaping the future of employment law. Last week, I posted on the impending clash between information governance and personal use of corporate IT systems. This post is about internet use and the “virtualization” of workplace harms. Next week, I’ll post on labour stability, departing employees and information-related harms. Please comment.


Some days I yearn for a case about something tangible – a theft of tools, a punch thrown at a supervisor or a marijuana cigarette smoked on lunch hour. These kinds of matters seem like . . . [more]

Posted in: Practice of Law: Future of Practice

Plethora of Pending IT Legislation

Those who practice in the IT area have a lot of potential new law to digest. The Federal government has several bills in various stages that will affect many businesses and organizations, and all of us as consumers. These bills have been mentioned on Slaw, but I thought it was worthwhile listing them all in one place. 

Bill C-28 Fighting Internet and Wireless Spam Act.

This bill brings in several anti-spam measures. While this is welcome by most people, the language has the possibility to affect how typical businesses communicate. Things that we may not consider to be spam . . . [more]

Posted in: Substantive Law: Legislation

New Titles From the Canadian Legal Publishers

A number of new titles have caught my eye as useful additions or updates to Canadian legal literature.

In no particular order:

. . . [more]
Posted in: Legal Information: Libraries & Research, Legal Information: Publishing, Reading: Recommended

Passing the Class

One of the most common mistakes that law firms make when they upgrade technology is that they don’t do their homework or pay the smartest kid in class to do it for them. We saw in one of my previous columns that it’s critical to understand the problem you’re solving, and it’s just as critical to make sure you understand how the technology you’re moving to is going to solve that problem.

The Map is Not the Territory

Part of the problem firms have in evaluating how well a particular bit of technology is going to solve their problem is . . . [more]

Posted in: Legal Technology

QualitySolicitors

If you want to get a glimpse of one possible future for small to medium-sized law firms, you might take a look at the website for Britain’s QualitySolicitors. Launched this Spring, QualitySolicitors is a marketing alliance in which existing law firms become rebranded with the common logos, advertising, and approaches to potential clients. The alliance purports to identify the “best” high street firm or firms in a given area (i.e. firms for clients from the general population).

This is seen by some as a pre-emptive strike against the coming of “Tesco law practices” when the new Legal Services Act . . . [more]

Posted in: Practice of Law: Future of Practice

Criminal Code Amendments Introduced

I could have titled this post MORE Criminal Code amendments introduced. Between House of Commons Bills C-2 and C-52, 11 are related to the Criminal Code or its related legislation (youth justice, criminal records). November 1, 2010 saw the introduction of Bills C-51 (Investigative Powers for the 21st Century Act) and C-52 (An Act regulating telecommunications facilities to support investigations). Bill C-46 from the 40th Parliament, 2nd Session 2009 was similar to Bill C-51, but died on the order paper with the end of the session.

There is an interesting Department of Justice Backgrounder on C-51. . . . [more]

Posted in: Substantive Law: Legislation

Aussie Rules for Lawyers

I recently migrated to Sydney, Australia with my Australian-born wife and our three children. Australia’s remote location seems to allow a freedom to experiment without the pressure to conform to U.S. or European norms that one experiences in a country like Canada. Or perhaps Australia is simply, as a friend calls it, a “nation of iconoclasts”. In any event, I have observed over the years that regulatory change related to the legal profession in the common law world begins in Australia and then moves around the globe, first to the UK, and finally to North America. As a newly . . . [more]

Posted in: Practice of Law

This Week’s Biotech Highlights

This week in biotech was all about the early stage, and there is no earlier stage in biotech than university tech transfer offices and their progeny.

Universities’ technology transfer offices (TTOs) lie at the interface between university researchers and industry, often with the mandate to monetize the University’s innovations and technological assets. A new study looked at series of in-depth interviews with 20 senior technology transfer personnel at six Canadian universities and two research hospitals and discovered a disconnect between the social and financial goals of tech transfer. One example of a recent success in this area comes from . . . [more]

Posted in: Technology

Stop Using @gmail.com, @yahoo.com, @hotmail.com E-Mail Addresses for Your Law Office

Free e-mail services from Google, Yahoo, Microsoft and others make getting up and running with an e-mail address a trivial effort. The unfortunate side effect of choosing to use a free email address for a law office – or any business for that matter – is that these free e-mail addresses are burdened with a negative perception: price sends a signal, and using a free e-mail service as a core part of your businesses front-office sends the wrong message.

Just a few ago, cost was a reasonable justification for solos and small firms to choose a free e-mail service. The . . . [more]

Posted in: Technology: Internet, Technology: Office Technology

Tweeting, Jurors and the Florida Clampdown

If you’re summoned for jury duty in Florida keep your thoughts on your civic responsibilities and leave your personal electronics at home.

Many of you have cell phones, computers, and other electronic devices. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about using your cell phones, electronic devices and computers. You must not use any device to search the Internet or to find out anything related to any cases in the courthouse.
Between now and when you have been discharged from jury duty by the judge, you

. . . [more]
Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Technology: Internet

The Wickwire Debate – Conflict About Conflicts

Today’s posting comes (almost live) from the Schulich Law School at Dalhousie University where Richard Devlin and the organizing committee managed what many would have considered impossible – made legal ethics interesting and relevant to a student audience. Dalhousie staged a lively well fought and provocative debate about the hottest current issue in professional ethics in Canada, the issue of Conflicts of Interest.

We at Slaw have had postings on the CBA Task Force Report on Conflicts of Interest and the Federation of Law Societies response.

Today’s Wickwire Lecture – named after F.R. Wickwire, a leading member of the . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law: Legislation

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada