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Monday, September 25, 2017 @ 9:29 AM

Toronto’s Arbitration Place offers alternative to Trump’s America | Julius Melnitzer

“Bold” describes the legal profession to about the same extent that “discreet” describes The Donald. But there are exceptions. And there’s a lot to be learned from them. For those eager to escape lawyers’ unique brand of quicksand, from which they innately view opportunity as risk, Arbitration Place (AP) in Toronto may be a good place to start. ... [read more]

Monday, September 25, 2017 @ 9:15 AM

Get ready for the eSports, iSports explosion esports_sm

Spanning the globe, the recent explosion on to the entertainment scene of eSports raises challenging new issues of intellectual property law. ... [read more]

Friday, September 22, 2017 @ 9:04 AM

United or Untied: Legal lessons from the latest ‘gripe site’ case United_airlines_sm

A recent decision of the Federal Court is an important new precedent for determining when the use of others’ intellectual property to criticize their products and services, including through “gripe sites”, becomes actionable infringement. ... [read more]

Thursday, September 21, 2017 @ 8:46 AM

Renegotiating NAFTA: Where the parties stand as third round begins | John Weekes and Matthew Kronby

The renegotiation of the North American Free Trade Agreement (NAFTA) is an extraordinarily complex undertaking politically, economically and legally.   ... [read more]

Monday, September 18, 2017 @ 8:44 AM

Not complying with severance clause can repudiate employment contract

About 75 per cent of the employment contracts we see now include termination language spelling out how much or how little severance a dismissed employee will receive. These clauses are introduced to reduce employers’ severance costs and exposure to wrongful dismissal claims. If the clause is properly drafted and complies with legislation, courts usually adhere to the language, no matter how oppressive it may be for a dismissed employee. But what happens when employers fail to comply with their very own severance clauses? ... [read more]

Thursday, September 14, 2017 @ 3:05 PM

Ottawa releases proposed regulations on data breach notifications Ann Cavoukian

Private sector organizations following federal privacy law will have to provide breach notifications to customers and the privacy commissioner where it is reasonable to believe that the breach creates a “real risk of significant harm,” under long-awaited proposed regulations to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). ... [read more]

Tuesday, September 12, 2017 @ 9:11 AM

Competition Bureau’s approach to antitrust law needs to catch up with the times | Julius Melnitzer

Even as Canada’s Competition Bureau heralds a focus on the digital economy as its number one priority for 2017-18, experts in the United States have questioned whether antitrust laws, such as the Sherman Act of 1890 and the Clayton Act of 1914, can really do the job that’s required in the modern economy. ... [read more]

Monday, September 11, 2017 @ 8:58 AM

Hi Tech: Firms taking measures to ease clients' cybersecurity concerns | Luigi Benetton

You can protect client data from malicious hackers, right? Prove it. “We have a request a month from clients to demonstrate how secure we are,” said Lionel Cochey, director of information security governance and risk management for Bennett Jones LLP. ... [read more]

Friday, September 01, 2017 @ 9:17 AM

Daimler’s innovative blockchain bond issue good and bad news for lawyers | Julius Melnitzer

Kiss the trusted adviser goodbye: that, it appears, is the message for the profession from Daimler AG’s recent US$115 million bond issue, all of which was done digitally using blockchain technology. ... [read more]

Thursday, August 24, 2017 @ 11:50 AM

B.C. court rules eyewear firm's 'overbroad' non-competition clause unenforceable Paul Pulver sm

The British Columbia Court of Appeal has upheld a lower court’s decision on a non-competition clause in a work-related agreement, calling the provision too broad and determining it does not meet the test for reasonableness. ... [read more]