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Monday, 28 July 2014 08:00

The new constitutional order

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_July_Peter-Best.jpgBob Rae’s sunny and upbeat assessment of the state of aboriginal law, in the July edition of Canadian Lawyer, warrants a counterpoint response.
Monday, 21 July 2014 08:00

Big data, big problems

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Lisa-Lifshitz.jpgOn May 27, the U.S. Federal Trade Commission released its study of data broker practices entitled “Big Data: A Call for Transparency and Accountability.” Based on its 18-month review of the data collection and use practices of nine significant data brokers (Acxiom, CoreLogic, Datalogix, eBureau, ID Analytics, Intelius, PeekYou, Rapleaf, and Recorded Future), the FTC obtained detailed information regarding the data brokers’ practices, including the nature and sources of consumer data they collect; how they use, maintain, and disseminate the data; and the extent to which data brokers currently allow U.S. consumers to access and correct data about them or to opt out of having their personal information sold or shared.
Monday, 21 July 2014 08:00

Measuring legal department metrics

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Stephen-Mabey-2013.jpgFor my July column I was initially thinking about a slightly different approach. The idea was to raise with law firms the concept that perhaps law departments have key performance indicators too and they may want to think about how their law firm services law departments in light of them. Obviously it is a starting point of asking law firms: “Do you really talk to your clients and understand their needs and pressures and if you don’t then maybe you should, especially in the flat market we all live in today?”
Monday, 21 July 2014 08:00

Developing broader shoulders

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_LIndsay-Scott14.jpgSomething really terrible happened in the life of one of my clients a few months ago. I was totally shaken by it and lost several nights’ sleep. As time has passed, I have gained more perspective but wanted to write about what I’m discovering is one of the toughest parts about this job: coping when something difficult happens to a client.
The Hunt, directed by Thomas Vinterberg, released 2012
The Hunt, directed by Thomas Vinterberg, released 2012
A curious anomaly in our justice system; the offence with the most severe penalty under law is not the crime toward which most people feel the most personal revulsion.
Tuesday, 15 July 2014 08:25

RFP pitching tips — part 2

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Simone_Hughes-1.jpgLast month’s column started our conversation on request for proposals tips. This month, I am going to dig a little deeper to help you, as a practising lawyer, put your best foot forward.
Monday, 14 July 2014 11:28

Box offers sophisticated cloud storage

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_benhanuka1.jpgIn last month’s article, I overviewed the pros and cons of using the cloud for storing documents. My conclusion was storing documents in the cloud will grow to be indispensable and, indeed, inevitable.
Monday, 14 July 2014 08:00

The latest on limitations

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgFrom time to time through this space, I have brought readers up to speed on the latest rulings from the Ontario courts on limitation periods. Remarkably, while the Limitations Act, 2002 was supposed to achieve clarity and predictability in the determination of limitation periods, the act has continued to spawn litigation requiring adjudication and interpretation at the appellate level.
Monday, 30 June 2014 08:00

Video: Making Rain - Be a white box firm

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_June_MakingRain52.jpgIn the June episode of Making Rain, executive coach Debra Forman asks: Does your firm have a black box or white box management persona? 
Monday, 23 June 2014 13:27

A reassessment of risk in class proceedings

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgThe Class Proceedings Act,1992 was intended to promote access to justice. To do so, it incentivizes lawyers to undertake class actions with contingency fee agreements and the availability of premium fee awards. However, if class counsel are not adequately and consistently provided an amount that fairly compensates them for the seriousness of the risks undertaken over the course of many years, the purpose of the legislation as set out by the framers of the act will not be achieved.
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