Data breach class actions: Canadian courts taking a harder look

The recent Ontario decision in Karasik v Yahoo! Inc., suggests that while many plaintiffs’ lawyers anticipated a future of massive payouts for data breach class actions in Canada, recent court decisions predict a different course.

Related briefings

12 things you didn’t know about electric vehicles

The significant shift in people’s travel routines over the last 12 months will likely trigger long-term changes for many and our urban spaces will need to continue to develop into ‘smart cities’. Electric vehicles and their charging points will form a significant part of this changing landscape.

County Court confirms pandemic rent suspension clause is normal

Since the first wave of the COVID-19 pandemic and the early rent concession discussions, landlords and tenants have been grappling with providing for future pandemics. Early thinking that pandemic disruption should be an occupier risk was made difficult by the approach of insurers to occupiers’ business interruption polices (now the subject of a Supreme Court decision). Whatever the ultimate outcome for 2020 policies, future insurance is unlikely to be the answer. So landlords and tenants have been trying to strike a balance in new lease drafting to deal with the risk of future pandemic disruption. But what is normal? What is fair?

Protecting Canadian innovation in the Cleantech sector

Emerging technologies to mitigate environmental impact and even remediate harm that has already occurred, known colloquially as “cleantech”, represent a potentially explosive growth opportunity for Canadian innovation. Intellectual property rights, and in particular patent protection, can be an important asset for Canadian cleantech companies that can and should be leveraged as part of their business and growth strategy. Patent rights can be valuable not only in excluding competitors and soliciting investment, but even in terms of marketing. Patents can demonstrate that a company is on the cutting edge of sustainable technology.

Expedited trademark examination now available in Canada

On May 3, 2021, the Canadian Intellectual Property Office (CIPO) announced that it will begin accepting requests for expedited examination of trademark applications along with other new measures to reduce delays in examination.

Latest Briefings

Avenues of redress for stakeholders in Cayman incorporated companies facing the excesses of majority shareholders and/or their appointed directors

Against the backdrop of differing economies, laws and regulations throughout Asia, choosing to incorporate Cayman entities into holding and investment structures allows international stakeholders to co-operate under the aegis of a stable and effective judicial system. Appeals from the Grand Court of the Cayman Islands lie with the Cayman Islands Court of Appeal, comprising judges who have held high judicial office in the Commonwealth. The Judicial Committee of the Privy Council is the final Appellate Court for the Cayman Islands. As such, through its Court system, Cayman is able to provide the investment community with impartial, established and highly regarded judicial resources dedicated to resolving complex commercial disputes.

Key changes to the LCIA and ICC arbitration rules

Two of the most prominent arbitral institutions globally, the London Court of International Arbitration and the International Chamber of Commerce, have recently updated their rules to modernise and streamline the way in which arbitrations are administered. The changes are designed to increase efficiency, flexibility and transparency and to embrace the growing use of technology in business today.

Around the world (of Big Tech regulation) in 8 minutes

When Trump was ultimately banned from most mainstream social media services during his final month in office, many questioned if Big Tech should have the power to silence a sitting President in this way and if they had the right rationale to do so. Trump has now handed over @POTUS to Joe Biden and the whole world is talking about what may be in store for Big Tech when it comes to regulation as a result of this transformed understanding.

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Stephenson Harwood makes up City quartet

A total of eight lawyers have been promoted to partner at Stephenson Harwood this year. This includes a quartet in the City, with corporate claiming half of the London promotions. Carolyn Hall, a funds specialist, is understood to have trained at the firm, while Hewson advises on a range of outsourcing and data matters. She […]

Hot 100 career quiz: Iwoca GC Phaik Khaw

Name: Phaik Khaw Organisation: iwoca Role: General Counsel Trained at: Minter Ellison, Australia Year qualified:  2004 Read her Hot 100 profile What’s your most vivid memory from being a trainee? Being trapped in a data room with piles of paper taking notes as we were not allowed to take photocopies of documents.  Luckily it was […]

Simmons & Simmons

Simmons to release 2020 distributions in next round

Simmons & Simmons is to release profits that were withheld last year in the next distributions round, The Lawyer has learned. In April 2020, the firm had delayed partner distributions, echoing similar measures taken across the legal industry to reduce the impact of the fallout of the Covid-19 emergency. At the time, the firm said […]

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