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• Do We Have An eDeal? ( January 2004 )
  Michael A Thackray of Thackray Burgess

  Some short time ago I wrote a very brief article under the title "Do We Have A Deal". That article went to the distinction between the creation of an enforceable contract and the creation of a non binding letter of intent. One response to this article was an encouragement to write about the formation of contracts in the practical world … the world of the internet, the world wide web and e mail.

• Goodmans Update: Corporate Securities ( October 2005 )
  Goodmans LLP

  A panel of the Ontario Securities Commission has recently released its unanimous decision in dismissing allegations by OSC Staff of insider trading by Kwok Yuen Ho, the Chairman and Chief Executive Officer of ATI Technologies Inc., and his wife Betty. Three issues that were discussed by the OSC in the ATI decision are relevant to corporate insiders and are worth reviewing.

• The Growth of Canadian Intellectual Property Law and Practice ( June 2005 )
  Gowling Lafleur Henderson LLP

  The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act. The federal court is perceived as having superior experience in IP matters. The provincial courts maintain exclusive jurisdiction over causes of action that are founded solely on the common law.

• Issues in the Canadian Telecommunications Marketplace ( May 2006 )
  Lorne P. Salzman and Brodie  Swartz of McCarthy Tetrault

  For years, computer users have used their Internet service to implement a type of voice telephone service. Typically, it was a poor substitute for traditional voice telephone service. The quality of voice over internet protocol, or VoIP, calls was unreliable, making the connection between callers cumbersome. As a result, the primary application of VoIP was as a niche service for those seeking a substitute for expensive overseas calling.

• DOOCES WILD: How Employers Can Survive the New Technological Poker Game of Employee Blogging ( August 2005 )
  Philip L. Gordon and Christopher E. Cobey of Littler Mendelson, P.C.

  Welcome to the employers' latest cyber-challenge to management of their work forces – employee "blogging".

• First Circuit Provides Guidance to Employers Who Wish to Communicate Contractual Arrangements to Their Employees ( August 2005 )
  Amy L. Nash of Littler Mendelson, P.C.

  Calling it a "close case," the First Circuit deemed the employer's notice of a new arbitration policy insufficient to bind the employee to arbitration when he brought a claim under the ADA. The court's analysis, however, provides guidance to employers on providing adequate notice via e-mail.

• Consumer Arbitration Agreements Prohibiting Class Actions May Be Unenforceable in California ( June 2005 )
  Farella Braun & Martel LLP

  This California Supreme Court decision handed down on Monday in Discover Bank v. Superior Court (Boehr) will have significant impact on the enforcement of consumer arbitration agreements involving California residents. The Court holds that consumer arbitration agreements purporting to preclude classwide arbitrations may be unconscionable and unenforceable in circumstances where (1) the contract is one of adhesion, (2) the consumer complains that the defendant purposefully cheated large numbers of individuals out of individually small sums of money and (3) the obligation at issue is governed by California law.