In the September 2010 issue of LAWPRO Magazine, we asked our claims counsel about what they feel are the biggest malpractice hazards in each area of law based on the claims files they work on every day. Here is an excerpt from that article dealing with franchise law. Click here to read the full article “Practice Pitfalls”.

Acting for franchisors can be particularly risky for lawyers, warns LAWPRO Claims Counsel Anna Reggio. Although some franchisors are large multinationals, many are small and relatively unsophisticated businesses.

One area of risk involves the onerous disclosure requirements imposed upon a franchisor by the . . . [more]

So far we’ve been quiet about the ALM Law Librarians Survey 2013, a survey done of AmLaw 200 law firms each year. The survey results were announced earlier this month, and were officially released at the American Association of Law Libraries conference last Tuesday. I attended the release with analysis by Kevin Iredell, VP of ALMLegal Intelligence. This was the 12th year for the survey, and is typically answered by the head librarian in each firm.

From the related The American Lawyer article by Alan Cohen:

By now, it’s a phrase that law firm library directors likely hear

. . . [more]

Ask most firm leaders to identify those business CEOs that they most admire and they would probably list a small group of highly entrepreneurial names that would include Jack Welch, Steve Jobs, Richard Branson or Warren Buffet. Ask why they admired these particular individuals and you would probably hear about the individual’s self-confidence, decisive boldness, the originality of their strategic direction, and contrarian beliefs. However, if you now inquire into what strategies these leaders were themselves advocating in their own firms, the answers you would receive would be depressingly unlike those of the leaders they admire.

To make this point . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada's award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Wise Law Blog   2. Rule of Law   3. Michael Geist   4. Entertainment & Media Law Signal    5. Environmental Law and Litigation

Following the tragic death of Rehtaeh Parsons, a special meeting by the Provincial and Federal Ministers of Justice decided to investigate the state of the law around the distribution of images of an intimate nature without consent. Many observers believed that the provisions under the Criminal Code are insufficient in dealing with this growing problem among young Canadians.

The subcommittee of the Cybercrime Working Group (CWG) responsible for this released their report this week. The report notes that the traditional response in Canada to cyberbullying relies heavily on education initiatives and promoting public awareness and support among families and communities. . . . [more]

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week's summaries concern: Barrister and solicitor conflict of interest / Defamation and single publication rule / CPP disability benefits / HIV and consent to sexual intercourse / Sentencing and time already served:

Is clicking ‘OK’ on a web site the equivalent of a signature, or just an act of assenting with legal effect, e.g. to accept an offer to contract? Is there a useful or meaningful distinction any more between a signature and an act of assent (at least when the signature is intended to show assent)?

Recently an appellate court in the US found that clicking OK to a web form satisfied the requirements of the Copyright Act (US) that a transfer of copyright had to be in writing and signed by the transferor. The court relied on the Electronic Signatures . . . [more]

I like reading in bed. In fact it’s got to the point where I must read before falling asleep, even if it’s only a line or two. It probably all started with being read to as a child, a bedtime ritual both pleasurable and soporific, and a fitting introit to the land of dreams. At some point that ritual became self-administered, though the stories were rather more exciting as I recall — exciting enough that I, like so many of you, read on under the covers with a flashlight after the official “lights out.”

In bed at the end of . . . [more]

[I begin this column with an aside. Because I will be discussing The Canadian Abridgment, the nonpareil of Canadian legal information, I want to give any non-Canadian readers some context. For American colleagues, The Canadian Abridgment (published by Carswell and now in its third edition) is similar to West’s digest system (General Digest, Decennial Digest), with Canadian counterparts of Shepard’s Citations and the Current Law Index included for good measure. The Abridgment’s Australian counterpart is the Australian Digest. The foregoing digest services are all published by that jurisdiction’s local Thomson Reuters law publisher. The closest . . . [more]

To add to to your summer reading list:

The 2013 Harper Lee Prize for Legal Fiction goes to Stanford law professor Paul Goldstein for his novel Havana Requiem:

“The novel chronicles efforts by a lawyer, recovering alcoholic Michael Seeley, to help a group of aging Cuban jazz musicians and their families reclaim copyrights to their works. When his main client, Héctor Reynoso, goes missing, Seeley begins to realize that there is more to the story than music, and that a far deeper conspiracy is involved that might include both the Cuban secret police and his former law firm.”

The . . . [more]

According to CNET, Google may be experimenting with the encryption of files stored within its Drive service. If true, Google would be following the lead of services like SpiderOak and encrypting the files they store. One possible intention here being to restore user confidence in a post-Prism environment.

It’s a nice idea — that users can encrypt files that the cloud-company cannot access; and subsequently is unable to turnover to the government (or courts?) — but this seems like an “optics” play to me. It’s also likely not possible, at least for now… The CNET article interestingly identifies the . . . [more]

Last week, Exigent graciously invited me to a small lunch gathering of Torontonians to discuss the changing legal industry. Exigent, a major LPO based in South Africa, does business predominantly in the UK and Australia and has recently landed in Canada.

First, I’m happy that a major international LPO has finally seen Canada as worthy of investment.

Second, the arrival of Exigent means that change in the Canadian legal industry will – finally – begin to accelerate. Canadian law firms and clients will view the arrival of an international LPO as further validation for using non-Canadian lawyers to do work . . . [more]