Nothing says you can’t have a bit of a laugh on a Monday, right? So here’s something old and something new — and all of it borrowed, too.

Back in 1990, Ian Frazier did a brilliant take for the New Yorker on product liability law suits when he wrote a “claim” in the matter of:

Wile E. Coyote, Plaintiff
-v.-
Acme Company, Defendant
In The United States District Court, Southwestern District, Tempe, Arizona Case No. B19294, Judge Joan Kujava, Presiding

To give you a sense of the flavour of the claim, the dry unpacking of poor Wile E.’s . . . [more]

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Being able to access your . . . [more]

The NSA has been causing technology providers of all stripes — on-premise hardware vendors, cloud application providers, traditional software vendors — no end of headaches as the Snowden revelations continue to pile up. As a recent article by security expert Bruce Schneier outlines, the scale and impact of the NSA surveillance machine is almost beyond comprehension.

Microsoft’s GC, Brad Smith, went so far as to characterize the NSA as an “advanced persistent threat,” a industry term usually reserved to refer to sophisticated and malicious hackers backed by a foreign government. The cost to US technology providers of the NSA . . . [more]

We talk a lot about accomplishing our various goals through time management, but as I get older I realize the key is less about fitting increasing amounts of work into the time we have and more about focus–switching focus completely from one task to another, maintaining that focus during any given work session, and maintaining focus over time. When I was younger my synapses fired oh so fast and I could easily switch back and forth between activities. Now I notice it is harder to move from talking to people to writing, move from research to analysis or move from . . . [more]

I’m glad indeed to be able to tell you that Jean-Marc Leclerc is joining Slaw as a regular blogger.

Jean-Marc is a partner in the Litigation Department of Sotos LLP. Before he joined Sotos in 2012, he was a partner at Osler, Hoskin & Harcourt LLP. His practice areas include class actions, franchise, antitrust, appellate advocacy, and public interest litigation.

Jean-Marc became an occasional contributor here at Slaw in 2010 and it’s great to have him move into regular blogging.

You can follow Jean-Marc on Twitter @j_leclerc. . . . [more]

It is easy to be sceptical, perhaps even cynical, about professional self-regulation whether for lawyers, doctors, accountants or other professions. A clear-eyed reading of history shows that protectionism, usually cloaked as high principle, has played a significant part of the history of professional self-regulation. 

One example was the early resistance to inter-provincial law firms. As an articling student in 1982/83, I had the pleasure of helping to develop arguments under the then new Charter of Rights and Freedoms to attack the Alberta professional conduct rule that prohibited inter-provincial law firms[1]. I particularly recall that the report to the . . . [more]

This week the randomly selected blogs are 1. Youth & Work   2. The Trial Warrior   3. The Treasurer’s Blog   3. Barry Sookman    5. Canadian Appeals Monitor

I am seeing it increasingly commonly – newly called lawyers who set up their own shingle without working for a law firm as an associate. In part, it’s due to the changes in the market which have left a scarcity of opportunities for young lawyers, or opportunities that are otherwise undesirable. But it’s also becoming a preferred option for a generation which values creativity, personal relationships, empowerment, self-determination and entrepreneurship.

Luz E. Herrera, who launched her own solo practice in 2002, described this phenomenon in the Denver University Law Review,

The Great Recession has caused many new attorneys

. . . [more]

This week's summaries concern: Family property / Occupational health & safety / Obligation to notify insurer / Opinion evidence / Conditional sentences / Validity of anti-prostitution laws:

Des détaillants de produits pétroliers qui contestaient pour des motifs constitutionnels l'obligation qui leur est faite d'agir, sur leur réserve de Kahnawake, à titre de mandataires ou d'agents percepteurs des autorités fiscales voient leur requête pour jugement déclaratoire rejetée.

If the corporate veil distinguishes a corporation as a legal person separate from the shareholders in said corporation, what do you call it when an individual exists as an investment opportunity as an IPO like a company? The transfer of legal characteristics to corporations is multifaceted issue with positive and negatives that is subject to significant conjecture. In a bit of a flip of this action, a story from a few months ago caught my attention where the concept of transferring characteristics of a corporation to an individual was proposed.

In this particular case it involves a running back for . . . [more]

“Legal search algorithm” … now there’s a phrase to make your head spin. I’ve been thinking about legal search for years, but I confess that I hadn’t given the algorithm much thought until recently. Type it into Google, and you come up with an excellent post by Aaron Kirschenfeld in the Cornell LII blog: “Everything is Editorial: Why Algorithms are Hand-Made, Human, and Not Just for Search Anymore”.

For legal publishers, ensuring that our users can find what they are looking for is one of the biggest challenges we face. I’ve never encountered legal information that isn’t incredibly dense. We . . . [more]