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What Canada's New Anti-Spam Legislation Means for Franchisors
Canada will soon have the dubious distinction of having what many believe is the most onerous and comprehensive anti-spam legislation in the world (S.C. 2010, c. 23, known colloquially as “CASL”). While first impressions may be that any anti-spam legislation is a benefit, a review of the legislation reveals restrictions and obligations that apply to virtually all commercial electronic messages, and certainly beyond what is typically thought of as spam. CASL also will enact rules to restrict spyware (installation of computer programs on another person's computer) and certain practices such as pharming and address harvesting. Both the anti-spam and spyware provisions are drafted broadly and will apply to most instances of the remote installation of a computer program on another person's computer, regardless of whether the program is installed for a malicious purpose. Accordingly, despite the seemingly good intentions of the legislation, it has the prospect of affecting virtually all legitimate businesses. Franchisors' relationships with customers and with their franchisees will be affected.
CASL focuses on three main topics: 1) restricting unsolicited commercial electronic messages, 2) restricting the installation of computer programs on another person's computer, and 3) other practices, such as pharming and address harvesting.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.