Displaying items by tag: Litigation

Friday, 05 September 2014 09:00

Access Copyright’s next chapter

b_150_0_16777215_00___images_stories_01-INHOUSE_2014_September_IS-CopyrightSymbol-shutters.jpgFollowing a landmark Supreme Court decision and amendments to Canada’s Copyright Act, it’s “business unusual” for Access Copyright, the country’s largest copyright-holder group. The organization is battling tough challenges in Copyright Board proceedings. It faces the prospect of dwindling revenues from post-secondary institutions, and as it moves ahead with a lawsuit against York University, copyright experts wonder if the organization will have much of a business among the ivory towers in the future.
Published in Issue Archive
‘If you’re planning on claiming privilege, stamp it,’ says Malcolm Aboud.
‘If you’re planning on claiming privilege, stamp it,’ says Malcolm Aboud.
When undertaking an investigation in preparation for litigation, there’s always a danger it could fall into the other party’s hands through discovery. Litigation privilege doesn’t automatically apply to all investigative reports commissioned by a party.
Published in Latest News
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.
Published in Web exclusive content
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe Alberta Court of Appeal released a surprising decision in Andriuk v. Merrill Lynch Canada Inc., in which it has imported the obligation of establishing evidence of class-wide loss from the specialized field of price-fixing actions to a claim grounded in breach of contract and breach of fiduciary duty causing a depreciation in share price.
Published in Web exclusive content
(l to r) Eric Sigurdson, TD Insurance; moderator Larry Swartz, Morneau Shepell Ltd.; and Steven Rosenhek, Faskens.
(l to r) Eric Sigurdson, TD Insurance; moderator Larry Swartz, Morneau Shepell Ltd.; and Steven Rosenhek, Faskens.
It’s rare these days for an in-house lawyer to hand over a litigation file to their external firm and simply wait for a result. Demands for cost control and efficient resolution mean the complete hands-off approach is no longer realistic. Enter the era of project management on litigation files.
Published in Latest News
Monday, 02 June 2014 08:00

Not his time

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_June_Clive-Ramage.jpgClive Ramage was ready to die.
Published in Departments
Monday, 26 May 2014 08:00

Growing the department

b_150_0_16777215_00___images_stories_01-INHOUSE_2014_June_LawDepartment2-shutterstock.jpgAsk a lawyer who has taken on the role as the first in-house counsel within an organization and they will probably tell you by the time they arrived the company already needed at least one if not several more lawyers. But from the moment they walked in the door they had to do a lot of work to establish what value they brought before others could be added to the team.
Published in Issue Archive
Monday, 05 May 2014 08:00

Is your data an asset or a liability?

b_150_0_16777215_00___images_stories_01-INHOUSE_2014_May_DataStream.jpgThe proliferation of data and how it is being managed — or in most cases mismanaged — is causing more organizations to question whether they have information assets or liabilities.
Published in Latest News
Monday, 05 May 2014 08:01

Bad law

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_May_cl-may-14-pg-01.jpgIt was just last summer that a team of lawyers led by Alan Young persuaded the Supreme Court of Canada to strike down the country’s prostitution law. But the seeds of the litigation were sown 25 years earlier, in the chill, pre-dawn hours of a Toronto morning. Young, a young lawyer at the law office of legendary criminal lawyer Alan Gold, had fielded an urgent call from a client who operated a dingy brothel near the city’s downtown bus depot. The joint was being raided, and the nervous client wanted help.
Monday, 05 May 2014 08:00

Facing challenges head on - Part 1

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_May_litigation.jpgLitigation boutiques face increasingly stiff competition from each other as well as from larger firms; those named in Canadian Lawyer’s Top 10 have proven themselves in a field with many high performing players. In a crowded market, top litigation boutiques cannot afford to offer services falling anything short of excellent says Matthew Gottlieb, managing partner at one of this year’s winners, Lax O’Sullivan Scott Lisus LLP. “There’s no doubt litigation is becoming more competitive,” he says. But “large businesses are bringing very significant mandates to the boutiques,” he adds.
Published in Boutique Firm Rankings
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