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Intellectual Property

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Wednesday, February 19, 2020 @ 1:32 PM

Representation and warranty insurance expanding in Canada insurance_risk_sm

In M&A transactions, the representations and warranties, as well as the related indemnity and holdback provisions, are major points of negotiation. The purpose of these provisions is to allocate the risk of liability between the seller and buyer. However, the required due diligence and the negotiation process can be enormously costly and ultimately the deal may fall apart as the risk cannot be allocated in a manner that is satisfactory to both parties. ... [read more]

Wednesday, February 19, 2020 @ 12:58 PM

Guaranteed to cure the flu … but can you prove it? Snakeoil

It’s cold and flu season, and with it comes plenty of products promising to help you avoid this year’s flu. In the U.S., the Food and Drug Administrationy (FDA) has been cracking down on companies claiming that their products can prevent the flu, without appropriate drug licensing or support for the claims made. ... [read more]

Tuesday, February 18, 2020 @ 11:55 AM

Smart & Biggar adds three associates

Smart & Biggar announced that Noelle Engle-Hardy, Denise Felsztyna and Andrea Berenbaum are the newest associates at the intellectual property (IP) law firm. ... [read more]

Thursday, February 13, 2020 @ 9:02 AM

Adapting to change: Five Key mindsets for adding value arrow_blocks_sm

Expectations of in-house counsel are changing. General counsel and their teams are being challenged to “add value” in their interactions with business. But what does this translate to in practice? ... [read more]

Wednesday, February 12, 2020 @ 1:37 PM

The inevitable collision between AI and law of arbitration AI_arbitration_sm

The use of artificial intelligence (AI) to resolve disputes is a market disrupter. The legal profession has yet to feel the effects of AI nor is it prepared to deal with it. As it relates to the law of arbitration, there is an inevitable and imminent collision coming that will bring uncertainty to arbitration itself. ... [read more]

Wednesday, February 12, 2020 @ 9:15 AM

Watch out for trademark trolls Trumpsign1

Brand owners need to diligently monitor the marketplace and subscribe to a watch service so they are aware of the activities of those who seek to abuse the system, among others. Abusive applications can be opposed based on bad faith and other grounds. ... [read more]

Friday, February 07, 2020 @ 6:23 AM

TRADE SECRETS AND CONFIDENTIAL INFORMATION - Unauthorized use

Appeal by the plaintiff from the dismissal of its claim against the defendant for breach of confidence. ... [read more]

Thursday, February 06, 2020 @ 1:47 PM

Get up, stand up, for your copyrights Marley

Feb. 6 is Bob Marley Day, and 2020 marks what would have been his 75th birthday. In Marley’s time, and for generations of prior musicians, the business model was simpler: make records, sell records, tour. The main hazards were a lousy record contract or a bad trip. ... [read more]

Wednesday, February 05, 2020 @ 1:50 PM

Innovating with the innovators: Law firms see value of working with startups | Shane Murphy

With digital technology widely predicted to be a key driver of the Canadian economy in the decades to come, it’s not surprising to see law firms jostling to attract the next generation of Canadian technology companies. In the process of attracting and serving these clients, law firms are embracing innovative changes to their service delivery models, billing practices and use of technology. ... [read more]

Wednesday, February 05, 2020 @ 11:07 AM

Robot justice: China’s use of Internet courts Robotscales

Would it scare you if I said that China has been doing this since 2017? In December 2019, China has announced that millions of legal cases are now being decided by “Internet courts” that do not require citizens to appear in court. The “smart court” includes non-human judges, powered by artificial intelligence (AI) and allows participants to register their cases online and resolve their matters via a digital court hearing. ... [read more]