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Focus On

In-House Counsel

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Friday, June 21, 2019 @ 8:18 AM

U.S. looking for ways to reduce legal immigration visa_denied_sm

Immigration policy proposals under the current administration represent a continuing trend toward discouraging legal immigration to the United States. While current efforts to thwart illegal immigration dominate headlines, the opaque measures to reduce and frustrate legal immigration tend to fly under the radar. ... [read more]

Wednesday, June 19, 2019 @ 10:55 AM

Law firms falling down on physical data security | Julius Melnitzer

Forget cybersecurity — because law firms, it appears, can’t even keep their desks clean. ... [read more]

Tuesday, June 18, 2019 @ 2:57 PM

Trends in defamation include #MeToo, right to be forgotten, panel says Justin Safayeni sm

Defamation in the #MeToo era, the right to be forgotten and reforming the Libel and Slander Act were identified as “new and emerging issues” by panellists at Defamation Law 2019: Current Issues and Emerging Trends program held this spring. ... [read more]

Tuesday, June 18, 2019 @ 10:51 AM

Broad changes coming to directors’ duties: Part two complaince_directors_sm

In our previous article in this series on the significant amendments to the Canada Business Corporations Act (CBCA) proposed in the federal government’s omnibus budget implementation bill, we discussed the statutory changes to directors’ duties. This article will continue with other proposed changes that are expected to affect public companies and what will come next. ... [read more]

Monday, June 17, 2019 @ 1:21 PM

Brand clearance challenges in ‘use-less’ regime Internet Troll

After years of anticipation, on June 17 Canada rolled out significant changes to its trademark law. Among the important changes is the elimination of “use” as a pre-requisite to trademark registration. While this change will simplify trademark applications, it also opens the door to an increase in “clutter” of the Trademarks Register, contentious proceedings and trademark squatters. Accordingly, suitable trademark searching, clearance and monitoring will become increasingly important — and challenging — under the new trademark regime. ... [read more]

Monday, June 17, 2019 @ 11:16 AM

BARRISTERS AND SOLICITORS - Confidentiality - Duty to follow instructions

Appeal by the Province and a Notice of Contention by the respondent from a decision finding that instructions given by the Province to the respondent were solicitor-client privileged but that the Province had waived privilege by impugning the respondent’s conduct. ... [read more]

Friday, June 14, 2019 @ 12:46 PM

Does corporate successor liability apply in Canada? corporate_liability_sm

Few doctrines at common law evoke more trepidation for the buyers in an asset purchase agreement than the doctrine of corporate successor liability. ... [read more]

Friday, June 14, 2019 @ 12:01 PM

Controversial Bill 21 demands irreligious uniformity, opposite of neutrality | Derek Ross and Robert Reynolds

Quebec’s controversial Bill 21 is expected to be voted on this week. If passed, the bill would prohibit many public workers, including certain public sector lawyers, from wearing “religious symbols in the exercise of their functions.” ... [read more]

Thursday, June 13, 2019 @ 11:03 AM

Intermediary CASL liability: Managing tech company risk managing_risk_sm

Counsel for technology companies need to be aware of the CRTC’s hardline stance against “intermediaries” under the Canadian Anti-Spam Legislation (CASL). In light of a CRTC Enforcement Bulletin issued in November 2018, actual compliance with the intermediary provisions of CASL may be out of the hands of the intermediary itself, placing elevated importance on the due diligence defence. In this article I explain what an intermediary is in relation to CASL, the liabilities intermediaries face and best practices for due diligence. ... [read more]

Thursday, June 13, 2019 @ 9:09 AM

Does arbitration trump A2J? Answer coming from SCC food_delivery_sm

On May 23, 2019, the Supreme Court of Canada granted leave to appeal from the landmark decision of the Ontario Court of Appeal in Heller v. Uber Technologies Inc. 2019 ONCA 1. In that case, the Court of Appeal allowed a class action to proceed and refused to give effect to an arbitration clause that would have forced UberEats drivers in Ontario to arbitrate their claims, in the Netherlands, under Dutch law. ... [read more]