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What to Do When Your Data Is Breached

“When, not if.” This mantra among cybersecurity experts recognizes the ever-increasing incidence of data breaches. In an address at a major information se­curity conference in 2012, then-director of the Federal Bureau of Investigation (FBI) Robert Mueller put it this way: “I am convinced that there are only two types of companies: those that have been hacked and those that will be. And even they are converging into one category: companies that have been hacked and will be hacked again.”

Mueller’s observation is true for at­torneys and law firms as well as small businesses through Fortune 500 companies. There have . . . [more]

Posted in: Legal Technology

Thursday Thinkpiece: Chan and Magotiaux on Digital Evidence

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

DIGITAL EVIDENCE: A PRACTITIONER’S HANDBOOK

Authors: Gerald Chan and Susan Magotiaux
Foreword: The Honorable Thomas A. Cromwell
General Editors: Justice Vincenzo Rondinelli and Brian H. Greenspan

ISBN: 978-1-77255-230-0
Publisher: Emond Publishing
Page Count: 235
Publication Date: November, 2017

Regular Price: $99
Series Subscription Price: $85

© 2017 Irwin Law. All rights reserved. . . . [more]

Posted in: Thursday Thinkpiece

Electronic Wills Down Under and Closer to Home

This column canvasses some recent developments in the law affecting electronic wills and reviews the Canadian position.

The forms an electronic will might take have been tested down under in recent years. Consider if the law anywhere in Canada would have, or should have, produced similar results.

Australia

In Yu, Re [2013] QSC 322, the High Court of Queensland gave probate to a will contained in the iPad of the deceased Mr. Yu, who had killed himself. The will was done up like a traditional will, i.e. with the heading ‘last will and testament’, and it contained many of the . . . [more]

Posted in: Legal Technology

Ontario’s First Online Tribunal

In our last column, we announced that, over the coming months, we would share the results of the research conducted by members of the Towards Cyberjustice project. Although this is still planned for future entries, we chose to postpone these posts to take the time to underline an important moment in the field of online dispute resolution (ODR): the launch of Ontario’s first online tribunal, the Condominium Authority Tribunal (or CAT).

According to the 2016 Census, “[t]rends in building permits [in Ontario] indicate that the construction pace of apartments, and especially condominium units, has accelerated since the early . . . [more]

Posted in: Dispute Resolution

Banning Laptops in Law School Classes?

Should laptops be banned in law school classrooms? Probably

In “Laptops Are Great. But Not During a Lecture or a Meeting“, Susan Dynarski writes that research shows that: “college students learn less when they use computers during lectures. They also tend to earn worse grades. The research is unequivocal: Laptops distract from learning, both for users and for those around them.”

Dynarski explains that when using a laptop students are focused on transcribing the lesson. They are not focussed on processing information. However, when they are using paper and pen students are focused on processing information. They have . . . [more]

Posted in: Technology

Legal Stewardship of Knowledge by Publishers

The publishers in the legal industry often get a bad rap, either for their lack or insufficient level of innovation, the cost of the services they provide, or the reluctance to transition entirely to digital.

We gave the publishers an opportunity to weigh in on these issues at the Ontario Bar Association’s TECHxpo 2017, where Colin Lachance, CEO of Compass (formerly Maritime LawBook), Eric Wai, a Managing Director at LexisNexis Canada Inc., and Fred Glady, Vice President of Customer Segments at Thomson Reuters, joined us.

The first myth we dispelled was that print was dead in the legal industry. . . . [more]

Posted in: Legal Information: Publishing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 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. Condo Adviser 2. Family LLB 3. Canadian Privacy Law Blog 4. National Magazine 5. Michael Spratt

Condo Adviser
This is What the New Condo Tribunal May Look Like

There is still a fair bit of mystery surrounding the new Condo Tribunal, despite the fact that it is

. . . [more]
Posted in: Monday’s Mix

Reflections on Technology Changes in Real Estate Practice

This article is by Maurizio Romanin, President & CEO, LawyerDoneDeal Corp. & Nora Rock, Corporate Writer & Policy Analyst, LawPRO.

Facilitating transfers of real estate has been the bread-and-butter of thousands of Ontario lawyers for generations. Despite occasional market wobbles, real estate business has helped firms to flourish in communities of all sizes, often supporting the delivery of family, estates, commercial and even criminal law services. Healthy real estate practices support both lawyers’ own families and access to justice for their neighbours. But there is danger in taking the bread-and- butter work of one’s practice for granted, and in forgetting . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice

Reflections on Technology Changes in Real Estate Practice

This article is by Maurizio Romanin, President & CEO, LawyerDoneDeal Corp. & Nora Rock, Corporate Writer & Policy Analyst, LawPRO.

Facilitating transfers of real estate has been the bread-and-butter of thousands of Ontario lawyers for generations. Despite occasional market wobbles, real estate business has helped firms to flourish in communities of all sizes, often supporting the delivery of family, estates, commercial and even criminal law services. Healthy real estate practices support both lawyers’ own families and access to justice for their neighbours. But there is danger in taking the bread-and- butter work of one’s practice for granted, and in forgetting . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Technology

Google’s Dominance Doesn’t Require Anti-Competition

Google permeates everything we do. Our society could be described as a “Google generation,” for better or worse.

Some suggest that Google undermines our democracy, specifically by fostering greater inequality and eroding our notions of privacy. Others point to Google’s potential role in fighting back against “fake news,” and the crucial role that flows of information and media play in a democracy.

Google’s market share in search engines in Canada is estimated between 60% to over 90%. It’s Google’s dominance in the market that has some concerned about the centralization of power and information flows.

The broader practices of . . . [more]

Posted in: Legal Information, Technology

Thursday Thinkpiece: Case Management Tools for Solo & Small Firms

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The 2017 Solo and Small Firm Legal Technology Guide

© 2017 American Bar Association. All rights reserved. Slaw readers can receive a 10% discount on purchase of this book. Use the discount code LTG2017 at checkout; this offer is valid from 4/2017-7/2017.

John Simek, Vice-President of Sensei Enterprises, Inc.
Michael Maschke, . . . [more]

Posted in: Thursday Thinkpiece

Are You REDe?

At OsgoodePD, we are continually developing new ways to keep you, our community, ahead of the curve and up to date on the continually changing Canadian legal landscape.

You told us you wanted a more efficient way to access our diverse catalogue of legal programming at an affordable price. Quality professional development content, relevant to your interests, available anywhere and anytime.

You talked, we listened.

Introducing OsgoodePD’s REDe PassportOsgoode expertise, on demand, when you want it.

REDe Passport is a new and convenient way to access OsgoodePD’s renowned professional development programming at a time or place

. . . [more]
Posted in: Announcements

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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