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ACC homepage poll results for the week of 9/12/2011 - 9/18/2011.

The recent cases testing the new provisions have led to a number of useful decisions to help guide foreign representatives in understanding the Canadian regime and what courts can — and are willing — to do to assist cross-border proceedings. Together with the proactive steps taken by the CLUC to create model recognition and supplemental orders in the context of foreign main proceedings, foreign representatives can find comfort that the underlying principals of the Model Law are respected and recognized in Canada.

Advances in technology have caused headaches for in-house counsel for some time. With every employee on a PDA, "LinkedIn" and socializing with new media, there is potential for litigation at every turn. Read how you can reign in some of the issues like fraudulent overtime claims, inappropriate office texting and badmouthing the company online.

Digital identities are a set of attributes that can allow an individual to be represented in a digital form in a online environment. In this article, in-house counsel will learn the basics of how digital identities interact and why they're so important in a global environment. This resource was published in March 2019.

This policy is intended for use in relation to any online platform where users can publish or post content. The policy is intended to sit alongside the platform's general "Terms of Use". The policy sets out rules for users' use of the platform as well as restrictions relating to the content that users can publish.

This issue of Canadian Briefings includes: Canadian Government Clarifies its Position on the Investment Canada Act by Dany Assaf, Jason McKenzie and Sarah McLean; International practice Almanac: British Columbia Canada Professional Regulation; Protocol Signed Amending the Canada-US Tax Treaty by Adrienne Oliver; Canada Shines Spotlight on World Stage by Carolyn Boyle; Canada Reconsiders Its Foreign Investment Policy by Terence Dobbin

The Canadian government issued this document to provide guidance to private sector organizations, both small and large, when a privacy breach occurs. Organizations should take preventative steps prior to a breach occurring by having reasonable policies and procedural safeguards in place, and conducting necessary training. This guideline is intended to help organizations take the appropriate steps in the event of a privacy breach and to provide guidance in assessing whether notification to affected individuals is required. Not all steps may be necessary, or some steps may be combined.

This InfoPAK (now known as ACC Guides) provides a Q&A that gives a high level overview of the main trends and significant deals in Canadian construction plans.

AI is changing legal departments and businesses. Check out ACC's curated selection of informative articles, sample forms and tools, online programs, and live events for in-house counsel.

This is a list of supplemental resources for the session.

Through the magic of big data, automated archiving, and web crawlers, everything you do online is aggregated and recorded. Your social networking services aggressively find your preferences, data, and personal information, and hawk it to the highest bidder. Know the uses and limitations of these services, and work to insulate your private self from your public life: Your professional reputation could depend on it.

This article analyzes the impact of the Supreme Court of Canada’s decision to affirm the super-priority of the security granted to a debtor-in-possession (DIP) lender, over a deemed trust created under provincial pension legislation, in the context of a Companies’ Creditors Arrangement Act (CCAA) proceeding.

A non-exhaustive list of provisions to consider in connection with preparing a policy, agreement or legal notice for use with members and others that connect, or wish to connect, with an association through an online social networking site or in connection with a more formal terms of service or legal notice for a page, site or blog on a social networking site.

Based on responses from over 5,800 in-house counsel, the 2011 Census Report offers key insights to legal departments, law firms, and other legal service providers on one of the largest available samples of corporate lawyers in the U.S. and Canada.

Jeffery Hewitt shares his experience as general counsel of Rama First Nation where he advocates for their Aboriginal community in Canada on the First Nation reserve.

Understanding that the internet is both everywhere and nowhere, it is important for in-house attorneys, as well as all company decision-makers, to know the issues surrounding identity theft online, and the regulations placed on internet advertising that companies need to monitor. This article is intended to help you come up with your own internet-related regulations to protect privacy, identify and punish violators, and protect and stimulate commerce.

The following article lists ten aspects of Canadian patent law and practice that contrast with that of the United States. This brief article will be of interest to US in-house counsel who are directing patent litigation in Canada.

Recently, the Supreme Court of Canada released its decisions in three related appeals, two from the British Columbia Court of Appeal and one from the Quebec Court of Appeal, all dealing with the certification of price-fixing claims as class actions. This article reviews the issues addressed by the appeals and assesses their impact.

Over the past couple of years Egypt has witnessed rapid legislative developments and a reformative wave in the spheres of cyberspace, information technology and regulation of internet activities. This new Data Protection law specifically focuses on safeguarding the personal data of individuals, which are being stored, processed or controlled electronically through online platforms.

In this updated infopak for 2018, we explore Canadian competition law, examining Canada’s Competition Act and appropriate case law. Canada’s Competition Act is similar in many respects to its U.S. counterpart, the Sherman Antitrust Act. However, there are important differences that American companies, doing business in Canada, must take into consideration.

The question and answer format of this article makes it an accessible, quick read for those looking to do business in Manitoba.

The current opioid epidemic has increased at an alarming rate. From 2000 to 2015, from the United States and Canada, to Europe and South America, about half a million people have died from opioid-related drug overdoses. This article identifies and discusses recently proposed or finalized noteworthy US statutes and regulations applicable to the substance-use-disorder industry, promulgated by both federal agencies and state legislatures in response to the nationwide opioid addiction crises.

A website is an important tool for business promotion; therefore, a domain name for the website should be carefully chosen. As your brand becomes bigger so too does the likelihood that a cyber-squatter or plagiarist will copy your domain name, thereby threatening your reputation. This article reviews the procedures involved in resolving disputes related to domain names.

This paper aims to provide a brief overview of recent developments in the law of solicitor-client and litigation privilege, focusing principally on decisions from the Supreme Court of Canada. It seeks to set out the recent law from the Court in a nutshell.

Discusses legal outsourcing, consumer and commercial customer protection, and the state of technology in Canada.

Adopt a vigilant approach to internet poachers and protect your website traffic.

At ACC’s Corporate Counsel Institute Canada in March, five GCs from top Canadian companies offered new-to-in-house attendees advice on adapting to the corporate environment during the plenary session. The panelists’ experiences, personalities and leadership approaches were wide-ranging, but they offered some common wisdom.

The article explains in detail the correct usage, abuse of joint accounts regarding estate planning, and the importance os a well documented estate plan in Canada.

PCLM Group, Inc. v. David Drexler, Brief of ACC, Cal. Ct. App., 10/1998. This brief discusses the right of corporate clients to choose counsel of their own choice to represent them. The corporate client's decision process to "make or buy" legal services is illustrative of the fact the cost of legal services rendered by in-house counsel to a corporate client are real and expenses incurred by corporations for their in-house legal services are not only significant, but are compensable by a court. Law firm costs and law department costs are not very different and in fact, they only differ in that the former bills/profits from its costs and the latter absorbs/expenses it's costs. Additionally, it is appropriate to award fees to in-house counsel by the same standard that outside counsel fee awards are compensated and equal pay for equal work is an equitable and reasonable standard. The award of a reasonable, market-price fee to a client using in-house counsel is not barratry, fee-sharing, unauthorized practice, or the inappropriate practice of law by a corporation.