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Controlling e-discovery costs – some initial thoughtsMost articles about e-discovery start with a reference to the ever-increasing volumes of electronically stored information or the ever-rising costs of e-discovery. There. Done.
Direct and indirect sales

Distribution agreements help with product liability claimsTypically businesses either choose to sell their products directly to customers or indirectly through distributors.

The critical difference between the two channels is that in the former, the business enters into a sales contract directly with its own customer. In the latter, the supplier sells the product to the distributor and the distributor in turn enters into its own sales contract with the end customer. There is no privity of contract between the supplier and the distributor’s end customer, so we know that the end customer must rely on a tort remedy to get at the business for a product liability claim.
Adopting data analytics a critical part of successThe practice of law is changing. Technology and data analytics are penetrating one of the last remaining professions that had, until recently, escaped the disruption that these new ways of doing business and practising law bring. Soon, the unfettered discretion of the general counsel to operate his or her legal department will come to an end. It is the responsibility and obligation of all in-house and private practice counsel to make sure they ride this wave, as otherwise there is a very good chance it will drown them.
Monday, 26 September 2016 10:36

Law by design

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(Photo: Anothersin/PureSolution)
(Photo: Anothersin/PureSolution)
Change management by design, or design thinking, may sound like a complicated business school theory but, in fact, many businesses tackle it every day. The application of it for in-house legal departments and law firms can be transformative, but it requires a serious desire to look at how things are currently being done and an equal desire to actually make change.
Pulling off successful meetings in your in-house law departmentOne of the most painful yet underestimated problems of modern business is bad meetings. If not properly structured, meetings can be demotivating, alienating and unproductive.    
Monday, 19 September 2016 09:00

Lessons from the Innovatio Awards

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Lessons from the Innovatio AwardsThe role of in-house counsel has changed dramatically over the last decade. Although at first it was a cost-saving strategy to bring external legal counsel in-house at lower rates, today’s in-house counsel bring much more value than just cost savings — they play a critical strategic role within their organization. The strategic value of in-house counsel was put on display at the recent Innovatio Awards. These awards, hosted by Thomson Reuters and Canadian Lawyer magazine, recognize and reward the attributes that make in-house counsel a key strategic player: the ability to establish the processes, programs and policies that allow clients to do things better, faster and more efficiently, with less risk and liability. 
The student’s perspective: What I learned in-house this summerAs the summer draws to an end, so does the placement of another summer student within our legal department. We have been very lucky to have very high-calibre law and articling students through our summer program and through the Law Practice Program.
Anti-bribery legislation and the role of general counselReporting on recent cases in Canada involving the levying of significant fines and debarment of companies demonstrated to have participated in the bribing of foreign public officials has highlighted the need for general counsel to play a central role as far as prevention goes. This usually entails obtaining management and board buy-in, drafting appropriate anti-corruption policies, awareness and training and ongoing monitoring and reporting. 
When asked what metrics were being used, in-house leaders told Acritas the area they measure most is spend at 33 per cent with internal client satisfaction much lower on the list.
When asked what metrics were being used, in-house leaders told Acritas the area they measure most is spend at 33 per cent with internal client satisfaction much lower on the list.
According to a recent survey by Acritas, 25 per cent of legal departments in large organizations have no metrics to measure the value they deliver to the organizations they serve, and those who do are primarily focusing metrics on costs.
SCC decision means: “Basically, you can’t dismiss someone on a without-cause basis. The employee has a substantive right to challenge their dismissal now — that’s been reconfirmed,” says lawyer Stacey Ball.
SCC decision means: “Basically, you can’t dismiss someone on a without-cause basis. The employee has a substantive right to challenge their dismissal now — that’s been reconfirmed,” says lawyer Stacey Ball.
In a dramatic reversal, last week the Supreme Court overturned what had been called a “game-changing” decision by the Federal Court of Appeal and ruled that non-unionized employees of federally regulated businesses are entitled to similar protections against dismissal as those afforded to unionized workers.
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