Member Blogs

A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data. In February and March, the IT company Change Healthcare made headlines when it took its systems offline in response to an attack by the cybercriminal group, BlackCat.  Change Healthcare provides important backend support [...]

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No. 9.462,903, the appellate panel vacated a Western District of Louisiana judgment of no inequitable conduct and... Continue Reading

Administrative decision-makers, like judges, can get the facts wrong. When a tribunal’s enabling legislation restricts appeals to questions of law alone, are participants precluded from asking the courts to review errors of fact or mixed fact and law? In a recent decision, the Supreme Court of Canada confirmed in Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8 that a ...

Every year, reporting issuers are faced with the task of tailoring the disclosure for their annual general meeting to an ever-evolving list of changes in corporate and securities laws, updates to stock exchange rules, new guidance from proxy advisors and regulators and developing corporate governance trends. This checklist and overview of certain matters relevant to the 2024 proxy season is intended to help reporting issuers in Canada prepare for their upcoming annual meetings by identifying relevant developments in disclosure rules and governance practices over the past year. Please downloa...

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the 2023 Merger Guidelines.  The new Merger Guidelines align closely with the objective—expressed by both FTC and DOJ—to expand the types [...]

Introduction Following the political agreement reached on the terms of the EU’s AI Act in December, the EU seems set to lead the way in adopting a novel regulatory framework to regulate the use and development of artificial intelligence (AI). Whilst the spotlight has largely focused on the AI Act, the EU’s AI regulatory framework...Continue Reading…

That whistling sound you hear may not be an old-school newspaper walking past a graveyard—it may well be an AI industry-killing asteroid. On December 27, 2023, the New York Times filed a groundbreaking suit against OpenAI and Microsoft. The Times alleged copyright infringement, vicarious copyright infringement, contributory copyright infringement, violations of the Digital Millennium Copyright... Continue Reading

On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. This case is the latest iteration in the broadside attacks on the Bureau by an industry hoping to... Continue Reading