: In almost every context, first impressions are key. I would argue that, for lawyers, communicating clear expectations during that first meeting is an essential skill. It is not a skill that comes easily. I have spoken about this topic with many lawyers over the years. There seems to be a clear divide between newly-called lawyers who have a tendency to make grand promises and seasoned lawyers who temper expectations. There is no “right” or “wrong” approach here. Everyone has to figure out their own style. My own style has been to keep expectations low…. very low. I conduct on average . . . [more] The post Managing Client Expectations appeared first on Slaw
: Most of the common reasons for declining mediation are well known. These include concerns that it may be premature, that additional information is required, or that the opposing party is unreasonable. Other justifications include the belief that the law is clear, the case is strong, and mediation would only increase costs. Some of these concerns are legitimate. Not every dispute is suitable for mediation, and even appropriate cases may not be ready for mediation at a particular stage. Ontario has now had mandatory mediation in parts of the province for more than twenty-five years. The program began in Toronto and . . . [more] The post Reconsidering Common Objections to Mediation appeared first on Slaw
: Introduction to the Information Warfare In an age where the proliferation of fake news has impacted over 80% of the UK population, the call for innovative solutions has never been louder. The advent of AI has intensified the spread of disinformation, particularly in the context of major global events and elections, making the battle against misinformation more complex and crucial. The AI Challenge in Disinformation The Dark Side of AI AI technologies have transformed the landscape of digital communication, but not without drawbacks. The ease of creating and spreading false information through automated systems and convincing deepfakes has led to The post The Silent War on Disinformation: How Web Scraping is Changing the Battlefield appeared first on Business Today
: In recent years, the number of law librarians in public sector and academic roles has declined. Most notably, the Ontario Ministry of the Attorney General (MAG) has reduced the staff of its Toronto-based law library to the point that, as of sometime in 2025, it no longer has a professionally staffed law library. [2] In other words, no actual librarians work at the law library of the Ministry of the Attorney General. [3] This deprofessionalization took place quietly and gradually, with no public announcement, no discussion in the legislature, and no opportunity for public scrutiny. The MAG is not the . . . [more] The post Where Are the Law Librarians? appeared first on Slaw
: Copyright has several rules which apply automatically. If an employee creates a work in the scope of employment, and absent an agreement to the contrary, the employer is the first owner of the copyright in the work. [1] The Ontario Court of Appeal had occasion to focus on what is meant by the words ‘in the scope of employment’ in Nexus Solutions Inc. v. Krougly , 2026 ONCA 199. At trial, the Court held that the employer, Nexus Solutions, did not establish that the software in question was created by Krougly ‘in the scope’ of employment, even though Krougly secretly . . . [more] The post Scope of Employment appeared first on Slaw
: How many times have you asked someone , “ how are you?” Similarly, how many times have you been asked the same question? If we think about this, the question becomes very mundane and actually quite meaningless. “How are you?” has become a customary greeting, wherein we don’t expect to receive or give a response that is more than “I am okay. Recently, after being asked by a friend “how are you?” I realized in mid answer, that this person was not even listening to what I was saying. I am certain that many of you have found yourselves in . . . [more] The post The Wellness Lawyer: “How Are You?” appeared first on Slaw
: The beginning of another academic year has me reflecting on what more we can give students beyond the curriculum. We spend considerable time thinking about what students need to know and what they need to be able to do. We develop learning outcomes, create assignments, design simulations, evaluate learning, and provide feedback. All those things are important. However, some of the most valuable learning opportunities are not found in the curriculum at all. Sometimes, they arrive in an email. I remember an interaction with a student from several years ago. The student had sent a series of emails that were, . . . [more] The post The Learning Opportunities We Don’t Plan For appeared first on Slaw
: Mediators are often asked by parties or their counsel to send them a copy of their “standard Agreement to Mediate” for review. But is there such a document? If by “standard” we mean some prescribed form followed by all mediators, the answer is no. Virtually every mediator has his or her own Agreement. Some are based on agreements provided in mediation training, while others are quite customized. This article has its origin in a recent mediation. One of the three lawyers attending had clearly not read the Agreement to Mediate, although it had been sent to him weeks earlier. When . . . [more] The post The “Standard” Agreement to Mediate appeared first on Slaw
: The growth of self-representation in all adjudicative settings may ultimately require a new approach to adjudication that is even more fundamental than a root and branch overhaul of procedure and practice. What legislators and courts may need to consider is the development of forums that are focused on and limited to adjudicating cases involving SRLs. Such courts would channel cases involving SRLs into a specific forum where court participants, including the adjudicator and court staff and any required wrap-around services, would exclusively plan for and engage with litigants who do not have legal representation. One such experiment has been underway . . . [more] The post Imagining a Possible Future: Self-Represented Litigant Courts appeared first on Slaw
: For Professor Seánna Howard , Director of the International Human Rights Advocacy Workshop, international legal research begins with a simple but important recognition: the most valuable sources are not always the most familiar ones. Her research has taken her to Tucson, where she joined the renowned Indigenous Peoples Law and Policy (IPLP) Program at the University of Arizona College of Law. Along the way, she has worked as an advocate, lawyer, researcher, independent expert, and educator on issues involving Indigenous Peoples, international human rights law, and social justice. Her work also reflects the importance of developing research strategies for areas . . . [more] The post Researching Beyond the Familiar: An Interview With Professor Seánna Howard appeared first on Slaw
: Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself. These re-examinations constitute a necessary organ, which serves essential functions in the justice system: correcting legal errors, delineating and refining legal rules, making new common law, and ensuring that administrative decision-makers do not exceed their jurisdiction. And yet these procedures have arguably been allowed . . . [more] The post Appellate Hypertrophy in the Canadian Justice System appeared first on Slaw
: Queen’s University Library has added a new chapter on “ An Introduction to Researching Indigenous Legal Orders ” to their Canadian Legal Research Manual . The introduction to the chapter notes that it “provides a very brief introduction to researching Indigenous legal orders. It is not meant to be comprehensive, but rather a starting point primarily intended for non-Indigenous law students researching in an academic setting.” It includes an overview of the terminology, an overview of sources of Indigenous law, a discussion of ethical considerations and limitations of resources, as well as a list of further reading. Suggested resources include . . . [more] The post Tips Tuesday: Researching Indigenous Legal Orders appeared first on Slaw
: The troika of artificial intelligence, pricing, and talent transience has been with us for some time now. As a result, traditional pyramid-structured law firms grappling with these bet-the-business juggernauts are at an inflection point. I propose a flatter way forward. I have been writing and talking about this issue for many years, most recently as part of my ‘The Law Firm’ series: Pyramid Rollover , Private Equity Puzzle , Disappearing Act , Foundational Rebuild , and now this one, Inflection Point. My argument throughout this series is that traditional law firm pyramid structures will not hold against AI, pricing, and . . . [more] The post The Law Firm Inflection Point appeared first on Slaw
: Many generative AI tools are relatively easy to access and use. For example, no technical expertise is required to pull up and type a prompt into ChatGPT, and the most basic version is free. This reality has led to a significant amount of “shadow AI” use within organizations; that is, uses of AI that are not formally approved or are even contrary to formal policies. Concerns about shadow AI commonly arise in the context of private companies, with some studies indicating that over 80% of workers report using unapproved tools at work. Much less discussed – and worthy of far . . . [more] The post Shadow AI: A Growing Problem for Canadian Courts appeared first on Slaw
: The often-blurred lines, as among legal information publishing, legal information technology, legal research tools and beyond, certainly give the impression that the only serious moving and shaking is that which focuses on artificial intelligence, though perhaps almost exclusively at the top end of the legal practice market . It would be safe to suggest, however, that even if law publishing activity is not as we have known it in the past, reports of its death may have been somewhat exaggerated . In recent times, my attention has been grabbed by online soliciting from UK law publishers, among them, for example, . . . [more] The post Meanwhile, Law Publishing Life Goes On appeared first on Slaw
: Key Takeaways: In a revealing study by Fair4All Finance, the not-for-profit financial inclusion organization, it has been discovered that women, once rejected for credit or loans, are more likely than men to perceive “no” as a final verdict. As we celebrate International Women’s Day, the findings shed light on the gender credit crunch, emphasizing the need for addressing financial inequalities faced by women. Breaking Down the Gender Credit Crunch: A Comprehensive Analysis Barriers to Credit Applications: The study, polling 3,101 adults across the UK, uncovered that over a third of women (36%) are deterred from applying for credit due to The post The Gender Credit Crunch: How Women Navigate Financial Rejection appeared first on Business Today
: A perpetual question from clients is whether a new development should be protected by filing a patent application or kept as a trade secret? Patents are granted by national patent offices for new, useful and not obvious inventions. Patents require a full and public description of the idea and the details needed by a skilled person to put that idea into practice. For example, Section 27(3)(c) of the Patent Act requires that for machines, the patent “explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle”. This quid pro . . . [more] The post Trade Secrets as an Alternative to Patent Protection appeared first on Slaw
: The globe-trotting Law via the Internet Conference returned to Canada on October 13 and 14 in Montreal. It was just in time for CanLII’s 25th anniversary , convened under the theme of Trusted Past, Open Future to share developments and trends in the delivery of legal information across the world. On day one, University of Ottawa law professor Amy Salyzyn updated us on her research inventorying direct-to-public digital legal tools in Canada. The inventory is not new (it started in 2016, with updates in 2019, 2021, and 2023)—but it has certainly grown. In 2023, 118 tools were cataloged (you can . . . [more] The post “Who Dunnit?” Part 2: Persons & Machines Under UPL Laws appeared first on Slaw
: Le texte français suit. Dear CALLeagues, I hope this finds you well and enjoying the first stretch of summer. Our formal post-conference survey has now been released, and I encourage every member to take a few minutes to complete it. If you joined us in Moncton, please tell us what worked, what did not, and what you would like to see from future CALL/ACBD conferences. If you were not able to attend, we want to hear from you as well. This survey is about more than feedback on one event. It will help us understand who is coming to our conferences, why they attend, what they value, and what barriers may be keeping others away. We also want to know what might make attendance easier or more compelling in future years. Your answers will help us improve next year’s conference in Saskatoon and plan more thoughtfully for the years ahead. On that note, I am very excited to share some big news: CALL/ACBD will be heading to Toronto in 2028 to celebrate the Association’s 65th anniversary! Sixty-five years is a remarkable[...]
: FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game lfair July 11, 2016 | 11:17AM FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game By Lesley Fair In the popular video game Shadow of Mordor , players don’t just randomly slash, hack, and pillage. They battle specific opponents through a feature known as the Nemesis System. In the FTC’s lawsuit against Warner Bros. Home Entertainment , truth in advertising had a nemesis: paid pitches for Shadow of Mordor that Warner Bros. deceptively claimed were independent reviews. And read on for a startlingly candid statement by one of those influencers. To help launch Shadow of Mordor , Warner Bros. brought a social media company on board to coordinate a YouTube influencer campaign. One strategy was to hire influential gamers to post videos promoting Shadow of Mordor – videos that ultimately yielded more than 5.5 million YouTube views. In addition to free game access, Warner Bros. paid the influencers cash – ranging from hun[...]
: Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening. But that’s not the only way the Spokeo settlement touches on social media. The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant? No, said the FTC. According to the complaint , Spokeo directed its employees to write the comments. Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo. The purpose, says the FTC, was to give read[...]
: Planning a social media marketing campaign? Read this first. lfair November 13, 2018 | 12:24PM Planning a social media marketing campaign? Read this first. By Lesley Fair It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews. But according to the FTC’s complaint , their efforts violated established FTC advertising principles. Which of those strategies are you using? And are you avoiding legal pitfalls by making appropriate disclosures? Creaxion – an Atlanta-based marketing and PR company – was approached by client HealthPro Brands to help launch its mosquito repellent. They agreed Creaxion would produce[...]
: FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices lfair July 30, 2018 | 11:05AM FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices By Lesley Fair If it looks like a duck and quacks like a duck, it’s probably a duck. But the same can’t be said for a mailer that looks like an official invoice. It could be an “o- fishy -al” offer that deceptively mimics the appearance of a government document. A case filed by the FTC and the Florida Attorney General challenges the practice of sending mailers that allegedly create the false impression that small businesses are required to buy labor regulation posters from the sender. Consider what defendants Starwood Consulting, also doing business as Corporate Compliance Services, and company president Thomas Henry Fred, Jr., sent to small businesses. The mailers – which include a Washington, D.C., 202 area code – are titled “LABOR LAW COMPLIANCE REQUEST FORM” and include the warning “Failure to comply with posting regulations can lead to fine[...]
: First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim lfair August 6, 2018 | 11:11AM First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim By Lesley Fair T he marketers behind a purported money-making promotion called Sellers Playbook appear to have skipped the chapter about complying with federal and state consumer protection laws. That’s the allegation in a complaint filed by the FTC and the Minnesota Attorney General . In addition, it’s the FTC’s first case charg ing violations of the Consumer Review Fairness Act. The roots of the allegations go back to another venture sued by the FTC earlier this year: FBA Stores, also known as Amazing Wealth System and Amazon Wealth Systems. The defendants in that case ran online ads and in-person workshops that claimed to reveal the secret s of making major money on Amazon. But few, if any, of the consumers who forked over thousands of dollars and implemented their “plug-and-play systems” earn ed the kind of c[...]
: First INFORM Consumers Act enforcement case filed against online marketplace Temu kkrown September 5, 2025 | 10:00AM First INFORM Consumers Act enforcement case filed against online marketplace Temu Online marketplaces and third party sellers looking for a refresher on the INFORM Consumers Act should look no further than the recent settlement with Whaleco, Inc., which operates the online marketplace Temu. The complaint alleges the company failed to provide online shoppers with required information and tools. This is the first case brought to enforce the INFORM Act. The INFORM Act, which went into effect in 2023, seeks to make online transactions more transparent. Among other things, the law requires online marketplaces to collect, verify, and disclose certain information about high-volume third party sellers. ( Informing Businesses about the INFORM Consumers Act hasmore on how the law defines terms, what’s required of online marketplaces, and the substantial penalties the FTC and state law enforcers may se[...]
: CALL member Marcelo Rodriguez, the Foreign, Comparative and International Law Librarian at the University of Arizona Law School in Tucson, Arizona, recently wrote an article on " Researching Foreign and International Current Events ". It originally appeared on Slaw.ca on August 16, 2022. It is republished here with permission of the author. In my professional experience working as a law librarian in multiple types of institutions, most of the time a question about or related to a situation happening in a foreign country or at the international level comes primarily through one scenario: the researcher read about it in an online media outlet, newspaper, article, blog, tweet, etc. and wants to know more. Understanding, finding relevant sources and making sense of a rapidly (d)evolving and fast moving situation in a foreign country or internationally is an incredibly complicated and labor intensive type of research, no matter how much experience you have in the subject or country. To hopefully alleviate some of[...]
: FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitmen[...]