: Every now and again, a mainstream occurrence helps inform the general public about the world of dispute resolution. Often through the world of sports. Mediation has resolved a hockey lockout . Arbitration has resolved salary disputes between player and team. This summer, we encountered another one. A trade that would return Kawhi Leonard to the Toronto Raptors hasbeen delayed pending the outcome of an investigation surrounding an alleged salary cap circumvention. Fans frustrated by the delay have wondered why the ongoing investigation cannot be sped up. Some media have speculated that this was possible, though at the time of . . . [more] The post You Can’t Hurry Judge 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
: Alexandra Farolan, Library Assistant | Courthouse Libraries BC 1. Tell us a little about your educational background and how you entered the legal information industry. I am currently a Library Information and Technology Diploma student at Langara College. Prior to this, I worked on two certificate programs through the British Columbia Institute of Technology (Office Administrator with Technology and Medical Office Assisting). I worked as a registration and health records clerk for a few years in the hospitals. Managing patient records introduced me to the processes of information preservation and confidentiality which in turn piqued my interest in legislation pertaining to freedom of information. I've also had some personal experiences which have lead to my overall interest in examining opportunities in the legal industry. I generally find knowing more about my rights is empowering and being surrounded professionally in an industry that serves those who advocate and rally for rights is something I [...]
: Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents. Image Ind[...]
: From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs). Today: Adapting the SALI Taxonomy to the Canadian Legal Environment , b y Michael McAlpine , Manager, Information, Research & Knowledge at Siskinds (London, Ontario) On September 28 th , the Knowledge Management Special Interest Group of CALL met to discuss and learn about the Legal Matter Specification Standard developed by the SALI Alliance . The SALI Alliance (Standards Advancement for the Legal Industry) is a non-profit organization open to all stakeholders in the legal community. Members include law firms, companies, legal service providers, legal industry associations and academic institutions. Founding sponsors are the Legal Marketing Association (LMA) and the Association of Legal Administrators (ALA). Guest speaker Jim Hannigan spoke about the history of the taxonomy and the current uses of it in the legal industry. Michael McAlpine then discussed the work d[...]
: Spilling the beans: The anatomy of a diet craze lfair January 26, 2015 | 1:07PM Spilling the beans: The anatomy of a diet craze By Lesley Fair Some people call it the “Oz Effect” – the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey Duncan, Pure Health LLC, and Genesis Today, Inc., took advantage of that phenomenon by deceptively touting the purported weight loss benefits of green coffee bean extract . The complaint recounts how defendant Duncan fueled a diet craze. The story has it all: a national TV appearance, a popular host, claims that people would lose weight without diet or exercise, and a comprehensive marketing campaign designed to take advantage of all of the above. The only thing missing, according to the FTC, was proof the product actually worked. As the complaint recounts, a Dr. Oz producer contacted Texas-based Lindsey Duncan, who had been on the show before, about an appearance to talk abo[...]
: <p>This paper reports on an experiment which connects document design with document theory. Document design is about what documents should do. We use the example of document graphs and of Cosma, a visualization program created during the HyperOtlet research programme, to show how theory can inform design decisions and help conceptualize results. This paper is currently under peer review.</p> <hr/> <section id="document-design-or-information-design" class="level1"> <h1>Document design or information design?</h1> <p><span class="citation" data-cites="findeli2015">Findeli (2015)</span> defines design as diagnostic and prescriptive, an example of “projective” epistemology: designers view the world as a project to realize, rather than an object to know. This definition of design implies that document design is less about what documents <em>are</em> and more about what they <em>should do</em>. This aligns with the evolution of document theory from an ontic view of documents to a functional one, which was pioneered[...]
: 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[...]
: By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee wasfirst set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years hasbeen on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law will be representing CALL[...]
: 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[...]
: FTC recaps consumer complaint data for 2017: Who’s on the list? lfair March 1, 2018 | 5:17PM FTC recaps consumer complaint data for 2017: Who’s on the list? By Lesley Fair Once bitten, twice shy. That fundamental principle of human behavior is why reputable businesses that work hard to earn consumers’ confidence should support the FTC’s ongoing efforts to fight fraud. According to the FTC’s 2017 Consumer Sentinel Data Book , consumers reported losing a total of $905 million to fraud last year. That’s close to a billion bucks people won’t be able to spend on legitimate products and services from credible companies. That figure is up $63 million from last year, although the total number of reports received from consumers is down from 2.98 million in 2016 to 2.68 million in 2017. Topping the list that no industry wants to be on is debt collection, making up 23% of the total number of complaints. But there are two caveats: 1) that number is down from 2016; and 2) the high number of debt collection reports was du[...]
: The Federal Trade Commission is taking action against Illusory Systems Inc. for failing to implement adequate data security measures, leading to a major security breach in which hackers stole $186 million from consumers. Under a proposed order settling the FTC’s allegations, Utah-based Illusory, which does business as Nomad, will be required to implement an information security program to address numerous alleged security failures and to return recovered money to affected consumers. “The FTC Act requires companies to take reasonable security measures,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “It’s important that companies live up to their security promises to consumers.” In its complaint , the FTC alleged that Nomad prominently touted its security in its advertising, claiming that it offered “security-first” services. The FTC, however, alleged that the company failed to live up to these promises by failing to: use secure coding practices; implement processes for recei[...]
: Fighting Coronavirus scams: Taking stock chundycz May 8, 2020 | 9:01AM Fighting Coronavirus scams: Taking stock By Andrew Smith, Director, FTC Bureau of Consumer Protection Since the beginning of the COVID-19 crisis, the FTC has released dozens of warning letters against people trying to make an illegal buck off the Coronavirus. More than a month in, it seems like a good time to look back at what’s happened. If you follow this blog, you’ll know these have been busy weeks – with advice about spotting the many scams we’re all facing, news of the warning letters sent on a wide range of scams, and some enforcement actions filed. You might wonder: Why send letters? Why not just sue the !*$@&#? Fair question. But the letters are working. And, given the scope of the scams out there right now, we want to get the best and fastest results we can with the most efficient tool we have. Right now, for these Coronavirus-related issues, that’s warning letters. In general, here’s how it goes: We spot someone advertising some[...]
: How an “invention promotion” outfit demoted the truth lfair September 13, 2017 | 11:15AM How an “invention promotion” outfit demoted the truth By Lesley Fair It sounds like there was some “inventing” going on at Florida-based invention promotion firm World Patent Marketing, but a Preliminary Injunction in a case brought by the FTC suggests it wasn’t the kind that unsuspecting consumers bargained for when they forked over millions of dollars based on the defendants’ misleading promises about patenting and promoting their products. For FTC watchers, the opinion is a page-turner from start to finish. We’ll focus on just a few of the claims the company “invented.” The defendants’ initial business model involved online ads that induced people to submit their product ideas. Salespeople responded, telling interested consumers that World Patent Marketing’s “review team” was researching the proposal because “the company is so selective with the ideas they choose to work with.” After a bit of a wait, salespeople calle[...]
: Amazon will pay $2.25 million in civil penalties to settle Federal Trade Commission allegations that the online retail giant knowingly violated the Fair Credit Reporting Act (FCRA) by refusing to provide transaction records to consumers whose personal information was used by identity thieves to commit fraud. The complaint , filed by the Department of Justice upon notification and referral from the FTC, alleged that in numerous instances, Amazon.com Inc. failed to comply with Section 609(e) of the FCRA, which requires companies to, within 30 days of a consumer’s request, provide victims of identity theft with application and business transaction records about fraudulent transactions made in their names. According to the complaint, Amazon had no written policy to respond to Section 609(e) requests until early 2025, after it learned of the FTC’s investigation, despite prior outreach from FTC staff advising the company to review its compliance with Section 609(e). “Amazon often put identity theft victims through[...]
: The Federal Trade Commission issued a policy statement today announcing that the Commission will not bring an enforcement action under the Children’s Online Privacy Protection Rule (COPPA Rule) against certain website and online service operators that collect, use, and disclose personal information for the sole purpose of determining a user’s age via age verification technologies. The COPPA Rule requires operators of commercial websites or online services directed to children under 13, and operators with actual knowledge they are collecting personal information from a child, to provide notice of their information practices to parents and to obtain verifiable parental consent before collecting, using, or disclosing personal information collected from a child under 13. Age verification technologies play a critical role in helping parents as they monitor their children’s online activities. Since COPPA was enacted in 1998, there’s been an explosion in the use of internet-connected technologies by children. To he[...]