Lawyers in both law firms and corporate departments are being encouraged to break down the barriers of traditional information hoarding within their organizations and make use of new collaborative tools being touted at LegalTech 2012 in New York City this week.

During his keynote address today, technology futurist and author Don Tapscott told the audience of legal and IT professionals that the time we are in right now should be considered Knowledge Management 2.0.

“We are moving from the old which saw a system of finite resources kept internally and containerized. Now we are moving into a period of infinite resources shared both internally and externally and collaboratively,” said Tapscott who is also an adjunct professor at the Rotman School of Management at the University of Toronto.

During Tapscott’s address, he pointed to new collaborative platforms, many being showcased at LegalTech, that promote personal profiles and professional strengths of individuals in firms and departments and allow for document sharing, blogging, and social networking in the work environment.

Some of these tools include LawLoop.com, a web-based service that looks and feels like LinkedIn and Facebook applied to law firm personalities and shows what matters they are working on. Unlike Facebook though, it promotes serious workflow production by allowing for document sharing and promotes peer-to-peer collaboration.

“These are new operating systems for law firms where the talent is the app. It represents a whole new kind of collaboration for a firm. This is an extraordinary time to be in the field of law,” said Tapscott, adding that the current generation of students have grown up collaborating online and will be entering the field of law expecting to work this way.

As proof of how technology is already transforming legal departments, the sessions at LegalTech are highlighting what firms in the United States are already doing to improve collaboration and cut costs. For example, Scott Christensen, director of information technology at Edwards Wildman Palmer LLP, told attendees at a session that “it would not be unheard of” to have a 60-per-cent return on investment by moving to a cloud computing environment at a law firm that currently has 20 to 30 servers.

Other key technologies cutting costs and promoting collaboration include video conferencing. Use of that technology by law firms went up five per cent last year in the United States, said Jim McCue of Rodney Dickason Sloan Akin & Robb P.A.

“This is expansion of video conferencing beyond the conference room,” said McCue, pointing to several key business drivers including attorney time, client restrictions on travel, recruiting, and portability as the technology improves for desktop and mobile applications such as Skype and FaceTime.

Marcus Bluestein, chief technology officer with Kraft & Kennedy Inc., also referenced the use of Lync 2010 from Microsoft, a server that allows for unified communication of instant messaging, file transfer, peer-to-peer, and multiparty voice and video calling and can be extended both within an organization and externally to users on standard phones and the Internet. By using the technology, his firm was able to reduce conference call costs by 70 per cent.

Legal Tech continues through Feb. 1.

Canada

Attawapiskat battles with feds over third-party manager, CBC News

Former B.C. premier in court over autobiography contents, The Globe and Mail

Feds refuse out-of-court settlement in sponsorship lawsuit, The Globe and Mail

United States

N.Y. man sues Frito-Lay, alleges chips not 'all natural', Reuters

Las Vegas tycoon asks court to reject shareholder's claims, Reuters

International

Nigerian ex-security chief to hang for murder, Reuters

Marine jailed, demoted after hazing led to suicide, Reuters

A Toronto lawyer has lost the latest round in his copyright dispute with the Aga Khan.

In a new ruling, the Federal Court of Appeal dismissed Alnaz Jiwa’s challenge of a Federal Court ruling that granted summary judgment in favour of the Aga Khan last year. Jiwa appealed the ruling along with Montreal businessman Nagib Tajdin.

The dispute centred on Jiwa and Tajdin’s reprintings of the Ismaili spiritual leader’s religious teachings (see “Lawyer sued by Aga Khan keeping the faith”). They claimed the Aga Khan consented to the publications during a ceremony in Montreal in 1992. The Aga Khan disagreed with that interpretation, and ultimately Federal Court Justice Sean Harrington declared that the pair had infringed the spiritual leader’s copyright and granted a permanent injunction precluding the publication of the book Farmans 1957-2009 as well as accompanying MP3 audio bookmarks.

The pair claimed Harrington made 19 errors by, among other things, failing to properly apply the test to determine whether there was a genuine issue for trial and proceeding as though he were the trial judge; relying on inadmissible hearsay evidence; drawing inferences without the necessary facts; and concluding that the Aga Khan never consented to the publication.

The consent issue boiled down largely to the events in 1992 at which a third person, Karim Alibhay, presented the book on a plate to the Aga Khan. Tajdin, according to the ruling, took that exchange as consent to the publication. But as Federal Court of Appeal Justice Johanne Gauthier noted in the latest ruling, the book presented to the Aga Khan didn’t indicate who had printed it. At the same time, there was no evidence that the spiritual leader knew Alibhay was acting on Jiwa and Tajdin’s behalf.

“There is no evidence that the Aga Khan knew or ought to have known that this book was not simply a compilation printed for the personal use of the Alibhay family, of which three members were presented to the Aga Khan,” Gauthier concluded.

In addition, Gauthier, writing on behalf of a unanimous court, rejected the appellants’ claims related to the defence of laches/detrimental reliance. As a result, the court dismissed the appeal with costs.

Canada

Shafia family found guilty of first-degree murder, Reuters

Former B.C. liquor store employee awarded $85K, severance, The Vancouver Sun

Mexican accused of beating Cdn woman confesses, expected in court, National Post

United States

Departing watchdog criticizes SEC's rule writing, Reuters

Republicans to give final push to Indiana's right-to-work law, Reuters

International

Norwegian man jailed over Danish newspaper bomb plot, Reuters

Netherlands to crack down on ISPs that allow file sharing, Reuters

Ontario’s Information and Privacy Commissioner says she has “serious concerns” about proposed federal “lawful access” legislation that would expand police surveillance powers and increase access to private information.

'We’re only seeing the tip of the iceberg with what’s to come,' says Ann Cavoukian.

In a public symposium held at Toronto’s MaRS Discovery District auditorium today, Ann Cavoukian repeated her concerns that lawful access legislation in its current form would raise “serious privacy implications” if not amended before its possible re-introduction to Parliament in the next month.

Previous lawful access bills were introduced during Parliament’s last session but died when the election was called, creating a “looming system” of underlying surveillance that should “concern us all,” Cavoukian warned during the symposium.

“We’re only seeing the tip of the iceberg with what’s to come,” said Cavoukian. “The goal is to prevent the harm before it actually happens and show that, in my opinion, you can have both privacy and connectivity.”

To do that, Cavoukian adds, current lawful access legislation must be amended to ensure police accountability is maintained when accessing private information for investigative purposes.

“The greatest threat to privacy is coming from within, from our federal government,” said Cavoukian. “What concerns me most is the data linkages that are created. Most people don’t realize those numbers, that data, is connected to people, they aren’t just ones and zeros, they connect to people with a keystroke, and it paints a very detailed picture about that individual, more than most understand.”

In addition to expanding police surveillance powers to allow access to private information without a warrant, the previous lawful access bills, if they were passed, would allow law enforcement agencies to obtain warrants to track the locations of individuals and their transactions, compel other parties to preserve electronic evidence, and require internet providers and other makers of technology to provide “back doors” to police seeking communication information; points that bother Cavoukian.

“My specific objection to the legislation is the lack of court authorization for access to private information,” she added. “The warrant is a critical and integral part of the process. It ensures accountability and oversight that is so critical to our democracy and freedom as a society.”

Since discussions of lawful access legislation began more than a decade ago, several privacy and consumer advocates, opposition politicians, and Canada’s privacy commissioner have spoken out against the legislative proposals, a significant point in future considerations for the legislation’s possible re-introduction in the upcoming month, Cavoukian added.

“Remember privacy is not only an individual right,” she said. “It’s a societal right. It’s absolutely integral to our rights, to our society, and to our democracy. I really want to shout from the rooftops about it. Data linkages create such a detailed picture of an individual and I would encourage everyone to stand up and fight to protect our rights and our privacy.”

Cavoukian said while she doesn’t expect lawful access legislation to be thrown out entirely in the future, she does hope amendments will be made to ensure court oversight and privacy is fully maintained.

“We have to work together to ensure our democratic freedoms are preserved, and when lawful access legislation is re-introduced, likely in February; I hope the legislation will be amended to ensure warrants are added,” said Cavoukian. “It may be a long shot, but it’s so important, and I hope more people tackle this issue head on.”

Canada

Alta. court to hear challenge to Metis hunting rules, Calgary Herald

Feds abandon plan for national securities regulator: report, Reuters

Yukon judge seeks more time in sentencing 13-year-old arsonist, CBC News

United States

Facebook sues company over alleged 'clickjacking', Reuters

Sex offenders can be held while awaiting trial: court, Reuters

International

Norwegian kidnapped in Yemen is released, Reuters

Costa Concordia offers compensation to passengers, Reuters

Law students are outraged over a tongue-in-cheek advertisement that law firm Davies Ward Phillips & Vineberg LLP recently ran in Osgoode Hall Law School’s student-run newspaper Obiter Dicta.

Davies' tongue-in-cheek ad did not tickle the funny bone of some law students.

In a law firm’s rare effort to poke fun at itself, Davies — also referred to by aspiring lawyers as “Slavies” for overloading its students and associates with work — exploited its nickname in an ad.

But some students did not find it very funny.

Osgoode students Kisha Munroe and Samara Secter submitted letters to the editor of Obiter Dicta expressing their disapproval.

“I take a real exception to the fact that there are people for whom this joke would even be funny and that this offensive retooling of a name gained enough momentum to take hold in the sub-culture of law students. This is beyond my control and not something that is likely to change until attitudes regarding offensive speech and awareness of its impact change,” Munroe wrote.

“That Davies saw fit to run an ad invoking the shameful, genocidal, dehumanizing practice of forced, unpaid, lifelong labour and suffering that was essential to the power the Western world now enjoys is despicable.”

Other students, including Osgoode student Andrew Emery who also wrote a letter to the editor, found no offence at all.

“There is nothing offensive about playing on the perception that Davies students work like slaves. It is as offensive as just saying the word ‘slave.’ Just saying a word doesn’t make it offensive,” Emery wrote.

Apologies from Davies’ director of student affairs Frances Mahil ensued after the students' negative reaction. The firm's note in Obiter Dicta stated:

“It has come to our attention that the advertisement we recently placed in the Obiter Dicta made some students and faculty believe that we were making light of the very serious subject of slavery.

The intent of the advertisement was instead to try to suggest that the nickname students have used for our firm for many, many years should not dissuade students from considering applying to us for summer or articling positions. We were aiming for some self-deprecating humour. It did not occur to our team that we would be seen as making light of slavery, rather than simply poking fun at ourselves. Obviously it should have.

We thank those who brought this to our attention and accept their criticism. We sincerely apologize to those who were offended. We will not run the advertisement again.”

Davies declined Legal Feeds’ request for comments.

But Joy Wakefield, a third-year student at the Queen’s University Faculty of Law, says an apology is not sufficient.

“It’s one thing to apologize and say, ‘OK, we won’t run the ad again.’ It’s another thing to say, ‘We’re taking steps to make sure that this doesn’t happen again; we’re taking steps to make sure that we’re addressing attitudes that allowed this to happen in the first place,’” she tells Legal Feeds.

“I would like to see an assurance that they’re taking students’ concerns regarding workload (A) and (B) the diversity and cultural sensitivity issues seriously, to the point that they’re actually going to do something about it,” she adds. “Because an apology letter is lip service but let’s see what’s actually going to change.”

Wakefield says it boils down to a lack of diversity at some law firms and it’s time for law schools and law firms to start thinking about training students and lawyers on cultural sensitivity.

The story has got legs, drawing comment from various blawgs in Canada (Law is Cool: “These days the slaves fight back”) and the United States (Above the Law: “Truth in advertising”).

ATL’s Elie Mystal thought students overreacted a tad to the ad: “Jesus! Slavery was bad, I get it. But the Davies ad isn’t saying it views new recruits literally as slaves. I’m pretty sure that would be illegal! Can’t we all at least agree that that the Davies ad was just a simile? An analogy? A figure of freaking speech?”

Canada

Sexual freedom a violation of rules, jury hears, The Globe and Mail

Charges laid against Catholic school board over deadly explosion, Ottawa Citizen

B.C. woman sent to jail for hiding senior's body in plastic bin, The Province

United States

U.S. Marine apologizes to court for Iraq killings, Reuters

Playboy model feared for her life during romp with De La Hoya, Reuters

International

NZ court grants bail to associates of Megaupload founder, Reuters

Britain says European Court needs major overhaul, Reuters

A Winnipeg lawyer has been suspended by the Law Society of Manitoba until he can face a hearing on allegations that he took more money in fees from residential school survivors than he was entitled to.

Residential school at Cross Lake, Man., circa 1925. (photo: Archives of Manitoba)

Howard Tennenhouse, who had well over 100 former residential school clients, was suspended on Jan. 11. The allegations relate to around 50 clients.

Payouts to victims, which average around $100,000, are administered by the Indian Residential Schools Independent Assessment Process. Lawyers typically receive a 15-per-cent fee from the federal government on top of the award made, but they can apply to increase fees by up to an additional 15 per cent, which comes out of the client’s money.

“This lawyer would make an application in some of these cases for a higher payment, and the allegation is that, regardless of whether or not he was successful, he would take the higher payment anyway,” says Allan Fineblit, the law society’s CEO.

Finebilt says Tennenhouse was charged in early 2011, and had restrictions placed on his practice. The law society moved to suspend him when he stopped paying back the money to victims, a condition on his right to continue practising. Finebilt says the law society’s compensation fund will cover any shortfall.

“No clients will be out any money,” he says.

A hearing on the charges, which have not been proved, is due the third week of February.

It’s not the first time Tennenhouse, a 1980 call, has been in trouble at the law society. In 2010, he received a 70-day suspension after pleading guilty to eight charges of misconduct related to trust accounting breaches.

Tennenhouse is just one of number of lawyers involved in residential school cases whose conduct is being examined. See “Lawyers’ fees under scrutiny.”

Canada

B.C. polygamist on trial for alleged tax fraud, The Gazette

Russell Williams' divorce to be made public, court rules, Ottawa Citizen

Contractor jailed for 60 days for exposing workers to asbestos, The Globe and Mail

United States

U.S. marine pleads guilty in Iraq killings case, Reuters

N.Y. court upholds $420M asbestos award to travel insurer, Reuters

International

Hackers protest against Irish copyright laws, Reuters

British government seeks reform of European Court, Reuters