Articles 2020

Aujourdʼhui
Aujourdʼhui

The Uncommon Law of Rule 49: Rejected Offers Remain Open for Acceptance

  • 04 novembre 2020
  • Marc Kestenberg and Kevin Schoenfeldt, Kestenberg Siegel Lipkus LLP

Beware of Rule 49 offers that may remain open even though they may have been rejected or there has been a counteroffer. Marc Kestenberg and Kevin Schoenfeldt of Kestenberg Siegel Lipkus LLP explain how Rule 49 offers derogate from common law rules of contract.

Litige civil, Student Forum

Schrems II Decision Invalidates EU-U.S. Privacy Shield and Ushers in Enhanced Scrutiny of Data Transfers Globally

  • 04 novembre 2020
  • Molly Reynolds, Ronak Shah,

Recently, the Court of Justice of the European Union (CJEU) released the long-anticipated Schrems II decision, which invalidated the EU-U.S. Privacy Shield mechanism that over 5000 U.S. businesses have relied on for purposes of transferring and processing data from the EU to the U.S.

Droit de la protection de la vie privée, Student Forum

Key Privacy and Cybersecurity Issues Financial Institutions Should be Thinking About

  • 04 novembre 2020
  • Ronak Shah, Molly Reynolds, Joel Ramsey

Accelerated digitization of the financial industry coupled with upcoming regulatory changes means privacy and cybersecurity issues will continue to be forefront issues that financial institutions will grapple with. Outlined below are five key privacy and cybersecurity issues organizations within the financial sector should be focusing on.

Droit de la protection de la vie privée, Student Forum
Professional Development: Finding Myself in the Pandemic

Professional Development: Finding Myself in the Pandemic

  • 04 novembre 2020
  • Teddy Weinstein

COVID-19 brought chaos to all corners of the globe. After the pandemic forced an early return home from a legal internship in South Africa, my professional journey in Canada had a slow and painful start. Meanwhile, I was also on a more personal journey: discovering and understanding my gender identity.

Orientation et identité sexuelles, Student Forum

LawPRO’s Immunity is Impenetrable

  • 04 novembre 2020
  • Cameron Fiske, Milosevic Fiske LLP

In this Article, Cameron Fiske discusses the surprising result that plaintiff’s cannot add LawPro to professional liability claims as third parties, thus potentially preventing recovery for meritorious claims where the defendant lawyer has been denied coverage or has failed to report the claim.

Litige civil, Student Forum

USPTO’s Report on the Public’s Take on Trademark Law and Practice with the Emergence of AI – Part 1: Practical Implications

  • 03 novembre 2020
  • Anna Troshchynsky and Hashim Ghazi, Deeth Williams Wall LLP

The United States Patent and Trademark Office published its report entitled Public Views on Artificial Intelligence and Intellectual Property Policy addressing the impact of artificial intelligence (AI) technology across the intellectual property landscape. This two-part article focuses on the views expressed in the Report with respect to the impact of AI on trademark law and practice.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Artificial Intelligence and Robots Regulation: The Boundaries Between Ethics, Trust, and Privacy

  • 03 novembre 2020
  • Caroline Szczuka

In today’s modern age robots are key players in both our professional and daily lives. We witness robots repairing oil pipes deep in the ocean, performing surgical procedures in hospitals, and undertaking household tasks such as vacuuming. Some cities have even restructured their public transportation and implemented driverless subway systems, while cars perform autonomous functions such as intelligent parking assistance.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
Supreme Court Clarifies Damages for Bonuses Arising During the Notice Period in Matthews v Ocean Nutrition Canada Ltd.

Supreme Court Clarifies Damages for Bonuses Arising During the Notice Period in Matthews v Ocean Nutrition Canada Ltd.

  • 02 novembre 2020
  • Brett Hughes, Dewart Gleason LLP

In Matthews v Ocean Nutrition Canada Ltd., the Supreme Court declined to address whether the duty to perform a contract in good faith established in Bhasin v Hrynew, 2014 SCC 71 extends throughout the duration of an employment contract. The court instead provided helpful guidance regarding the test for whether an employee is entitled to damages for loss of bonus or incentive payments during a reasonable notice period.

Droit du travail et de l’emploi, Student Forum