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Welcome to the Spotlight

The Spotlight features legal and industry commentary on the latest happenings in the media, sports, communications, intellectual property and data security/privacy industries.

Recent Spotlight Posts

Posted in: Intellectual Property | Court Decision

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Protection of Rights in Canada and International Comity Supreme Court of Canada Plants its Flag Down By Paige Backman, Aaron Baer and Codie Mitchell Jul 13, 2017 The Supreme Court of Canada’s recent and much-anticipated decision in Google Inc. v. Equustek Solutions Inc. is extremely important for many reasons. It has been applauded by Canadian companies whose intellectual property rights are being infringed by overseas companies, but, it has left ma...

Posted in: Data Security/Privacy | Data Protection

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Cyber Security, Risk, Response and Cyber Insurance By Paige Backman, Aaron Baer and Monica Carinci Jul 10, 2017 Relying on cyber infrastructure to operate has become fundamental to most businesses. Critical infrastructure, such as the power grid, hospitals, emergency response, water and transportation (land, water and air) rely heavily on cyber infrastructure that is often networked with many other systems...

Posted in: Court Decision | Contracts

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Forum Selection Clauses in Canada: Enforceability in Consumer Contracts May be an Issue after Recent Supreme Court of Canada Decision By Paige Backman, Aaron Baer and Brandon Carter Jul 04, 2017 Key Implications for Businesses A recent Supreme Court of Canada (“Supreme Court”) decision has created uncertainty for businesses who rely on forum selection clauses in consumer contracts, particularly those online contracts which are not negotiated. In its decision, the Supreme Cour...

Posted in: Intellectual Property

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Supreme Court of Canada: The Promise Doctrine “is Not Good Law” By Erica L. Lowthers, PhD and Pia-Lauren Reece, PhD Jun 30, 2017 AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36 In a long-fought battle, AstraZeneca has prevailed over Apotex and has succeeded in realigning Canada’s stance on utility with most of the rest of the world. The Supreme Court of Canada has ruled that the Promise Doctrine is “punitiv...