Member Blog Posts

    Blog: The Business Law Blog

    Mind the Gap: Comments on Canada’s Tax Gap

    In June 2022, Canada published a report concerning its tax gap.[1] A “tax gap” is the difference between (a) the amount of money a tax authority could collect, in theory, if everyone complied with the law; and (b) the amount in fact collected. Canada’s tax gap has remained stable for the period 2014 to 2018, at 9% of tax revenue.[2] This translates to between $20 billion ...

    Blog: Data Security Law Blog

    Looking Back on the Breach: Fundamentals of Preserving Privilege of Forensic Analyses in the Wake of a Data Breach

    As we have written previously, preserving privilege of forensic analyses can be critically important in the aftermath of a data breach.  Questions of privilege and work-product protection routinely arise in post-breach litigation, especially concerning forensic investigation reports. Plaintiffs target these materials in discovery because they often provide a roadmap to the attack and include details [...]

    Blog: Antitrust Update

    GlaxoSmithKline Faces Antitrust Suit Over Alleged Inhaler “Hop”

    Missouri resident Elliot Conrad Dale recently filed an antitrust lawsuit against GlaxoSmithKline (“GSK”), claiming GSK employed a “device hopping” scheme to ensure uninterrupted patent and regulatory protection for its brand-name asthma inhalers Ventolin and Arnuity Ellipta.  The complaint, filed in the Western District of Missouri on behalf of putative nationwide and state antitrust classes, alleges [...]

    Blog: Project Law Blog

    Alberta Court of Appeal Rules that Federal Impact Assessment Act is Unconstitutional

    On May 10, 2022, the Alberta Court of Appeal handed down its decision on the constitutionality of the federal Impact Assessment Act (the “IAA”). The decision, rendered pursuant to a reference to the Court by the Alberta government, held that the IAA and its associated Physical Activities Regulations (the “Regulations”) are unconstitutional as they go beyond the ...

    Blog: NextGen Financial Services Report

    California Governor Newsom Signs Blockchain and Crypto Assets Executive Order: Familiar Agencies To Lead Efforts To Regulate New Technology

    On May 4, 2022, California Governor Gavin Newsom signed an executive order aimed at creating a framework for both regulating and developing the quickly growing blockchain and cryptocurrency industry. The Order follows President Biden’s March 9, 2022, Executive Order on Ensuring responsible Development of digital Assets. In a press release announcing the Order, the Governor’s... Continue Reading

    Blog: The Firewall

    Cyberattack Reporting Requirements Included in Spending Deal

    Note: This story featuring commentary from Dykema’s Cinthia Granados Motley was originally published by Bloomberg Gov.  Critical infrastructure industries would have to report hacks Spending deal heading for House vote later on Wednesday By Maria Curi | March 9, 2022, 5:31AM ET Cybersecurity legislation that would impose new hack and ransomware reporting requirements on businesses... Continue Reading

    Blog: Ireland IP & Technology Law Blog

    Another Step Closer to a Unified EU Patent Court

    We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle to clear was sufficient countries ratifying the Protocol on the Provisional Application (PAP-Protocol) of the UPC Agreement to allow the provisional application period (PAP) to begin. On 27 September 2021 Germany ratified the PAP-Protocol and on 15...Continue Reading…

    Blog: Patent 213

    Another Gaming Patent Struck Down as Ineligible

    Bot M8 LLC, a patent assertion entity, was unsuccessful in its effort to have the Federal Circuit reverse the lower court’s invalidity finding related to one of six different patents asserted against Sony in Northern District of California. In fact, the Federal Circuit was so unpersuaded by Bot M8’s arguments that it devoted less than...

    Blog: MMM Tech Law & Business Report

    SE Tech Video Series Featuring Mark Buffington and Paul Judge of Panoramic Ventures

    In this episode, we speak with Mark Buffington, Managing Partner and Paul Judge, Managing Partner of Panoramic Ventures. Panoramic Ventures is a venture capital firm based in Atlanta that takes a “wider-view” approach to investing by targeting the Southeast and Midwest and placing a focus on diverse founders and university startups. Panoramic opens new doors […]