Western Union. IBM. Kodak. All are examples of well-established, successful businesses that failed to seize perfect opportunities to evolve to meet changing market conditions and paid the price. How much bigger would Western Union have been if it had bought the patent for the telephone when Alexander Graham Bell offered it? IBM’s not a small fish, but think of where it might have gone if its business modelling hadn’t suggested that carbon paper was a better bet than xerography. As for Kodak, the firm focused on film instead of the digital camera – on which it held the first patent. . . . [more]

Much is made about women leaving the practice of law. For the most part, I find the concerns somewhat overstated, and the emphasis misplaced on gender issues when this is much more likely a signal that what firms are doing isn’t working for a significant proportion of the profession. (A notable exception is the excellent piece written by Jordan Furlong this past February on Law 21: Why women leave law firms, and when they’ll return.)

Women aren’t leaving legal practice; they are leaving, for the most part, private practice. Does that say something about women? I’m not sure. Does . . . [more]

3D printing has become a popular topic lately. While 3D printers that print objects similar to how ink jet printers print words have been around for many years, the cost has come down dramatically, and will continue to come down. 

3-D printers are a disruptive technology, and as with any disruptive technology, the law will have to react to issues that come with it. Possible issues include intellectual property, product liability, and use for criminal purposes.

There has been a lot of negative press lately about using 3D printing to create plastic guns. To me that says more about . . . [more]

The Canadian Intellectual Property Office (“CIPO”) has recently published two notices for patent examiners relating to patent interpretation[i], and in particular computer-related/business method type patents. These notices were released following a 2011 Federal Court of Appeal decision – CIPO v Amazon, 2011 FCA 328 (“Amazon”). In Amazon the FCA instructed the patent office on how to evaluate a patent application to determine the threshold issue of whether it covers patentable subject matter. The FCA held that patent claims must first be purposively construed before one can evaluate whether the claimed subject matter covers acceptable (ie. patentable) subject matter. . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed on CanLII and we give you a small sense of what the cases are about.

For the week of May 7 – 14:

1. R. v. Duncan 2013 ONCJ 160
   

   5. At heart, Mr. Duncan’s case was unremarkable. A minor alleged Highway Traffic Act offence led to a police-citizen interaction in the parking lot of Mr. Duncan’s apartment building in the wee hours of the morning. A request that Mr. Duncan produce his licence led to an alleged refusal, which led to an

When does the law require you to follow up an email to see if it was received? Is that a matter of prudence only, i.e. if you really have to know, you had better follow up? Are you liable for negligence for not following up, in important cases, or all cases, if the message was not received?

A recent Swiss case – in the Federal Supreme Court – held that senders of emails have a duty to verify receipt in almost all cases. On the facts of the case, the result may be OK: an agent for a taxpayer emailed . . . [more]

When was the last time you got a great deal for less than 25 cents? If you’re looking for excellent value for money, consider the work of law reform agencies.

Law reform publications are a great resource for legal research. Michel-Adrien Sheppard regularly posts updates on Slaw on the work of Canadian and international law reform agencies. Kim Nayyer has also highlighted the value of law reform publications in legal research.

Canadian law reform agencies produce a range of informative, well-researched publications every year. Although some international law reform agencies overseas now charge a fee for hard copy publications, most . . . [more]

A tweet this morning from Heather Colman alerted me to the Building Smarter Organizations event happening today in Toronto.

If you are like me, and you are not in Toronto attending this event, you can still participate through the web.

There is a Linked In Group and a #smartorg twitter stream. There are plenty of concepts being shared through tweets that will make you think. Examples:

Mark Federman ‏@MarkFederman
Great Drucker quote: Mgmt mostly consists of making it difficult for people to do their work. #smartorg

Heather Colman‏ @HeatherColman
More bureaucratic mgmt= less engaged staff #smartorg

It is worth your . . . [more]

In his new book “Tomorrow’s Lawyer”, Richard Susskind claims that there are at least 13 “disruptive technologies” in law. A “disruptive technology” is one that fundamentally challenges and changes the functioning of a firm or sector (as opposed to supporting and enhancing current operational methods). He predicts that collectively these 13 technologies will transform the entire legal landscape.

He includes “online dispute resolution” or ODR in this group. He uses a very broad definition of ODR:

When the process of actually resolving a legal dispute, especially the formulation of the solution, is entirely or largely conducted across the

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Technology

To avoid viruses and spyware, you should only download software from reputable sites you know are safe. One of the best sources of safe software downloads on the web is FileHippo.com. It has the newest versions of the most widely used software (freeware and shareware), browsers and browser plug-ins. The downloads on this site are 100% spyware and virus free. … . . . [more]

Nora Rock, corporate writer & policy anylist at LAWPRO, has some good advice for lawyers now that the weather is getting warmer. While this article was initially aimed at Ontario lawyers, all lawyers in Canada could stand to do some ‘spring cleaning’

We had flurries last night here in Ontario – but we’re not fooled: spring is around the corner. Time to roll up the slush mats and slide in the bug screens.

We challenge you, in the next month or two, to bring a little of the spirit of spring cleaning to your legal practice. What do we mean? . . . [more]

Last week the UK Supreme Court handed down its judgment in two appeals eagerly awaited by the Trusts and Estate bar: Pitt v. Holt and Futter v. Futter. They concern the rule which emerged since the 1975 decision in Hastings-Bass (HB) by which trustees could attack their own decisions where they had unintended consequences. Some commentators dubbed it the “morning after pill”.

A Press summary of the UKSC decisions can be found here.

Typically the sorts of cases where the HB rule has been applied are to give relief to decisions which have resulted in taxation that was unintended . . . [more]