Category: Latest Insights

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China’s Proposed National Carbon Market and Opportunities for Cooperation with Canada

December 19, 2016

In 2017, China plans to establish a national carbon market (Chinese Carbon Market), which, once in place, will be the largest carbon cap-and-trade scheme in the world, essentially involving all of China’s local provincial governments with oversight and guidance from the Central Government of China. This article provides an outline on how the Chinese Carbon Market is expected to be…

Top 10 Issues for Employers, #6: Balancing BYOD Programs with Expectations of Privacy at Work

December 1, 2016

This is the sixth instalment in our Top 10 Issues for Employers series. OVERVIEW The workplace practice of bring your own device (BYOD) has hit the mainstream as more and more employees use their own mobile electronic devices to connect to corporate networks. Employees have a reasonable expectation of privacy with regard to the mobile devices used as part of…

Top 10 Issues for Employers, #5: Dos and Don’ts of Interviews

November 9, 2016

This is the fifth instalment in our Top 10 Issues for Employers series. Interviewing prospective employees can be a difficult process for the applicant and the employer alike. For the employer, aside from ensuring that the best applicant is selected, the interview process directly engages human rights and privacy laws. In general, these laws have an impact on what can be…

Viewpoint: Preserving Privilege over Communications in the Aftermath of a Data Breach

November 1, 2016

While there are no guarantees as to which communications will ultimately be protected by privilege, a company can increase its odds of creating a sphere of privilege-protected communications in the aftermath of a data breach by giving consideration to such issues in structuring its internal investigations. Below we highlight lessons learned from the decision of the United States District Court…

Infographic: Key Issues When Doing Business with the Canadian Public Sector

October 31, 2016

Canada’s public-sector entities include all levels of government, Crown corporations, government agencies, boards and commissions, public utilities, and a wide variety of public institutions, including hospitals and educational institutions. When engaging with the public sector, additional legal requirements and practical matters need to be considered, above and beyond the usual legal and commercial issues encountered in private transactions.

Patenting in Canada: Do These Genes Fit?

October 27, 2016

The Supreme Court of Canada has commented on the issue but no Canadian court has directly answered the difficult question of whether genes are patentable. So the answer appears to be yes, for now. Identifying genetic sequences associated with diseases and creating tests to screen for them are unquestionably valuable scientific innovations. Due to the challenge and expense of pinpointing…

Whitepaper: Nominee Directors: Rights and Responsibilities

October 25, 2016

First published by The American Lawyer, this paper examines the responsibilities of nominee directors, particularly as they apply to boards of Canadian companies, and how these directors can protect themselves from conflict situations.

Cybersecurity Q&A: What Canadian Companies Need to Know about the EU’s New Data Protection Law

October 12, 2016

A consequence of the unconstrained international flow of information is that domestic data protection laws increasingly have implications abroad. The recent overhaul in the European Union’s data protection laws is a prime example of this, which will have implications for Canadian organizations of all sizes and types.

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