snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: September 2011

Ten Tips for Drafting Service Descriptions and Requirements

Posted in Contracting/Outsourcing

In outsourcing and other commercial services deals, clients often have difficulty preparing the service descriptions and requirements (specifications) to be included in the services agreement (often in schedules or statements of work).  This usually results in delays and increased legal costs since we, the lawyers, need to be more involved in the initial drafting process than necessary.  We end up spending a lot of time working with client subject matter experts to ensure the service descriptions and requirements are complete, accurate and work from a contractual perspective.

Here are my top 10 drafting tips to help avoid this problem:

  1. Involve

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Document Preservation – Five Steps to Take if You are Sued

Posted in E-Discovery

Parties to litigation have an obligation to produce all documents under their care, control or power. Under most rules of court, “documents” include items created electronically, such as standard office suite documents, e-mails, text messages, voice message records and other electronic artifacts. Often, a failure to produce a document relevant to the issues in the litigation could result in the court making negative findings against your case at trial, having your evidence struck, and could even include more extreme measures such as costs against you or other sanctions.

Electronic evidence can be volatile, and can be destroyed or altered even

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New Consumer Protection Legislation in Australia – Implications for B-2-C Companies

Posted in Consumer Protection, Regulatory Compliance

Early this year, Australia introduced a new set of consumer protection laws that should be of significant interest to any consumer-facing company with operations in Australia, especially given the government’s diligent efforts to inform consumers of their rights and how to exercise them.

The Australian Consumer Law (CPL), which is in fact a schedule to the Competition and Consumer Act 2010, is a large consolidation of what was previously a disparate set of 20 or so acts and regulations dealing with consumer protection.

In this post, I provide a non-exhaustive list of CPL issues that I have encountered recently … Continue Reading