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In-House Counsel


Friday, May 03, 2019 @ 10:20 AM

Gear up for ‘prompt payments’ in construction on October 1 fast_payment_sm

The Construction Lien Act (now the Construction Act) received significant amendment last year. Those changes were the subject of a flurry of attention which has come and gone. We are now at the calm before the storm. ... [read more]

Friday, May 03, 2019 @ 9:56 AM

Rethinking corporate criminal liability | Barry Leon

Since the SNC-Lavalin deferred prosecution agreement issue surfaced in the media, along with the assertions that prosecuting the company could harm Canada’s economy, I have been wondering whether our approach to corporate criminal liability should be reconsidered. ... [read more]

Friday, May 03, 2019 @ 8:59 AM

Clarity key in employers’ non-solicitation contracts, lawyers say Jason_Clayards_sm

Employers need explicit language in their non-solicitation agreements with employees if they hope to get pretrial injunctions to stop outgoing staffers from making off with clients, say lawyers of a Saskatchewan case involving a niche market insurance brokerage.   ... [read more]

Thursday, May 02, 2019 @ 11:58 AM

CEO vicariously liable under Canada’s anti-spam law receives $100,000 fine phishingscheme_sm.jpg

The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued a penalty of $100,000 against Brian Conley, the president and CEO of a group of businesses known as the nCrowd companies. ... [read more]

Thursday, May 02, 2019 @ 9:50 AM

Impact of H-1B visa changes for Canadian workers, U.S. employers canada_u.s._sm

Any employer who has been through the H-1B visa filing process over the last several years is likely to agree that the petitioning process has become a bit of a nightmare. The process is plagued by long delays in adjudication — or even, in knowing whether their petition was selected for adjudication in the annual lottery for H-1B visas held by the U.S. government. ... [read more]

Thursday, May 02, 2019 @ 9:01 AM

The story behind Privacy Commissioner’s investigation of Facebook lying_facebook_sm

For the second time in a decade, the Office of the Privacy Commissioner of Canada (OPC) has investigated Facebook, Inc. (Facebook) for alleged failures to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). And, just as was the case in 2009 with respect to third-party applications, the OPC concluded that the complaints against Facebook were well-founded and unresolved. ... [read more]

Wednesday, May 01, 2019 @ 9:25 AM

Ahead of the pack: Advising the board on looming disputes crisis_management_sm

Corporations big and small are vulnerable to an ever-expanding variety of crises, ranging from sexual harassment, environmental disasters and information leaks. Using the fact scenario of a large-scale data breach, I participated on a panel, moderated by Poonam Puri, professor at Osgoode Hall Law School and expert on corporate governance, during this year’s annual Canadian Corporate Counsel Association (CCCA) conference. The panel discussed what corporate counsel can do to effectively manage and contain a crisis while balancing the interests of the board, stakeholders and the public. ... [read more]

Tuesday, April 30, 2019 @ 9:33 AM

Sidewalk Labs: What public sector data governance would look like sidewalk_labs_sm

In my first article on data and Sidewalk Labs, I argued the case for a public sector governance regime for Google’s proposed Quayside “innovative urban district” on Toronto’s waterfront. The case is premised on the aspect of the proposal that would see significant collection of personal information in public spaces within the district — in effect “filling in the gaps” in the data collected from private spaces, including mobile phones, connected devices and in-home sensors. ... [read more]

Friday, April 26, 2019 @ 9:00 AM

Why you need to get legal translations right translation_legal_sm

Whether it is a criminal case that will change the course of someone’s life or a transaction worth thousands of dollars, when legal translation services are needed, they need to be the best. ... [read more]

Wednesday, April 24, 2019 @ 9:46 AM

Looming IRS change could impact doing business in U.S. irs_tax_sm

On March 27, the Internal Revenue Service announced that only individuals with tax identification numbers may request an Employer Identification Number (EIN) as the “responsible party” on the application. This begins May 13. Until now, there has been no such requirement. The IRS says this change is part of its ongoing security review. ... [read more]