Data Security & Employee Turnover: How to Protect Your Data When Employees Leave

By Aaron Baer and Amy Marcen-Gaudaur on March 27, 2017

Employee turnover is an unavoidable reality for nearly all businesses. In addition to creating a number of financial and logistical difficulties, employee turnover also raises a number data security issues. Chief among these issues is data protection upon employee departure. Unfortunately, it has become common practice for employees to take sensitive and confidential corporate data […]

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NAFTA Tribunal Finds Promise Doctrine Founded in 35 Plus Years of Canadian Jurisprudence – Not a Dramatic Change in the Requirements for Patent Utility

By Kitt Sinden and Paula Bremner on March 23, 2017

Summary Eli Lilly’s arguably last ditch attempt to challenge the Canadian courts’ invalidation of two Canadian patents relating to the drugs olanzapine (Zyprexa™) and atomoxetine (Strattera™), using a NAFTA arbitration, has been rejected.[1] Eli Lilly’s case was based on demonstrating a “dramatic change in Canadian patent law” relating to the introduction of the Promise doctrine […]

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Canadian Federal Budget 2017 – Implications for Science and Innovation

By Kitt Sinden on March 23, 2017

The latest Federal Budget was introduced in Canadian parliament on March 22, 2017, with a focus on, among other things, science and innovation. Budget 2017 proposes to elevate the importance of science in government, with the establishment of a Chief Science Advisor and related secretariat. The Chief Science Advisor will be responsible for providing advice […]

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Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration

By Kitt Sinden on March 20, 2017

The NAFTA Arbitration Tribunal in the Eli Lilly “Promise of the Patent” doctrine proceeding has issued a ruling, and it appears that the result is not a good one for Eli Lilly. The proceeding was brought in 2013 by Eli Lilly under Chapter 11 of NAFTA, claiming damages arising from patents relating to atomoxetine (StratteraTM) […]

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July 1, 2017 – Private Right of Action Under Canada’s Anti-Spam Law (CASL) – The Day Businesses Shake Their Head

By Paige Backman on March 1, 2017

If you’ve heard anything about CASL lately, you are aware that as of July 1, 2017, individuals and organizations are entitled to bring a “private right of action” in the courts against those that contravene certain provisions of Canada’s Anti-Spam Law (“CASL”). Potential damages of up to $1 million per day may be imposed. I […]

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Employee Surveillance

By Michael Horvat on February 28, 2017

The continuous development of more sophisticated and cheaper technology effectively permits companies to have constant connectivity to their equipment, allowing management to monitor the use and allocation of company assets in virtual real-time. The installation of GPS tracking and other telematic devices provides not only the location of equipment, but also movement, gas usage, speed, […]

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Employee Behaviours and IT/Cyber Risk – Questions and Answers

By The Spotlight on February 27, 2017

On February 15, our Privacy and Data Security and Technology lawyers hosted a webinar on Employee Behaviours and IT/Cyber Risk. They discussed the biggest risks to IT systems, what those risks are, and how to mitigate those risks. Throughout the webinar, a number of important questions were asked. In response, Donald Johnston, Co-Chair of Aird & […]

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Employee Behaviours and IT/Cyber Risk – A Webinar Recap

By The Spotlight on February 27, 2017

On February 15, our Privacy and Data Security and Technology lawyers, Paige Backman, Meghan Cowan and Donald Johnston, hosted a webinar on Employee Behaviours and IT/Cyber Risk. They discussed the biggest risks to IT systems, what those risks are, and how to mitigate those risks. While most of us have read the news articles about people […]

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Are You Compliant With Canada’s Anti-Spam Law (CASL)? If Not, Expect Lawsuits Starting on July 1 of This Year

By Aaron Baer on February 23, 2017

Individuals and organizations will soon be able to pursue a private right of action under Canada’s Anti-Spam Law (“CASL”), and you can be sure class action lawyers are salivating at the prospects. Currently, CASL is enforced by three federal agencies: (i) the Canadian Radio-television and Telecommunications Commission (“CRTC”), (ii) the Competition Bureau, and (iii) the […]

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The Expectation Gap: What Do Your Customers Expect When It Comes to the Security of Their Personal Information

By Aaron Baer and Amy Marcen-Gaudaur on February 16, 2017

Customers frequently disclose personal information in order to engage with online retail, banking and social media platforms. However, a recent report by Gemalto (the “Report”) reveals that customer expectations regarding responsibility for personal data security place a greater burden on the organizations holding that data than might be expected. According to the Report, customers place […]

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