De La Salle Collegiate’s Networking Event for Legal Professionals (Jim Boutrous)

Who: Jim Boutrous was invited to sit on a panel of judges and lawyers at De La Salle Collegiate.

What: De La Salle Collegiate’s networking event for legal professionals. 

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Are You Leading From the Back Seat or Are You Driving the Car?

In case you missed it, an interview with Katia Beauchamp, co-founder and co-chief executive of Birchbox, a beauty products website, drives home some leadership tips especially noteworthy for professional women.

We have linked to the full article, but here are some takeaways:

  • A drive for success and ambition is learned at an early age, and a mother’s influence plays a meaningful role in that development process.
  • As Ms. Beauchamp points out, there are “drivers” and “riders” in life—learning to take ownership of feelings and moods impacts taking responsibility for your career.
  • The challenge of effective management is a lot like parenting! As Ms. Beauchamp puts it, “Trying to figure out the balance of caring about somebody and managing somebody.”
  • Give credit where it is due, and think about the development not of your career but of your team.
  • Negativity has no place in the workplace.

Enjoy the article and let us know your perspectives on leadership. We would love to hear from you!

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Ontario sues Big Tobacco for $50 Billion for "Tobacco Related Wrongs"

The Ontario Court of Appeal has held that the government of Ontario can proceed with a $50 billion lawsuit against several foreign tobacco companies to recover the cost of health care services arising from “tobacco related disease ” and “tobacco related wrongs”. See Ontario v. Rothmans Inc. 2013 ONCA 353
Ontario’s case is based on legislation – The Tobacco Damages and Health Care Costs Recovery Act - enacted by the province in 2009.  The Act gave Ontario a stand-alone statutory right to sue tobacco manufacturers to recover the cost of health care services provided to the public as a result of “tobacco related disease arising out of tobacco related wrongs”. 
In substance, Ontario is claiming that since the 1950s, several of the defendants committed tobacco related wrongs  by manufacturing and distributing cigarettes in Ontario when they knew or ought to have known that smoking cigarettes and being exposed to second-hand smoke could cause or contribute to disease.  In addition, Ontario claims that all of the defendants have engaged in various conspiracies to mislead the government and the public about the dangers of smoking and to suppress information about those dangers.
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Week of November 4, 2013 on ILNToday – A Roundup!

I’m once again bringing you our roundup a day late, since our hosts were again upgrading their servers.

These firms seem to have already gotten the message that content marketing is king, and their substantive posts hit top marks to make it into this week’s list:

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ILN Today Post

Don’t be stuck in transit – Transitional security interests and the end to temporary perfection

Many security interests were given a period of temporary perfection to facilitate the transition from the old securities scheme to the scheme brought on by the Personal Property Securities Act 2009 (PPSA).  That temporary perfection ends on 30 January 2014.  Will you be stuck in transit?

What is a transitional security interest?

Since the registration commencement time of the PPSA on 30 January 2012 (RCT), many transitional security interests had 24 months of temporary perfection in order to allow secured parties time to perfect their transitional security interests, usually by registering their security interest.  Temporary perfection meant that the security interest was enforceable even though it was not registered on the PPSR.  If these transitional security interests are not perfected before 30 January 2014, not only will the perfection status disappear, but any priority benefits attached to the transitional security interest will disappear as well. More…

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New Jersey Federal Court Decision Concerning Flavor & Fragrance Formulas Presents Enforcement Conundrum For Trade Secret Owners

When an employee trusted with access to trade secret information leaves to join a competitor, many former employers have concerns. Merely warning a former employee and his/her new employer not to make use of the former employer’s “trade secrets and confidential information” may be insufficient to hold the new employer accountable for such employee’s transgressions, at least according to one New Jersey federal district court. As that court said in Givaudan Fragrances Corporation v. Krivda, decided October 25, 2013, “The onus is on the former employer to come forward and put the current employer on specific notice of trade secret protection, or else lose that protection. This burden includes immediately describing the alleged trade secret with precision so as to inform the defendant exactly what the plaintiff is alleging to have been misappropriated.” The court went on to grant partial summary judgment to defendant limiting plaintiffs to 34 of the 616 formulas of concern to the plaintiff because plaintiff had failed to fulfill its obligation to put defendant on notice of what trade secrets plaintiff contended were at issue by advising defendant specifically of the details of 582 of the formulas at issue. This is a duty that a plaintiff must fulfill by specific “disclosure at the outset of the litigation, if not before.”

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ILN Today Post

Inadvertent Waiver of Privileged Documents

On 6 November 2013, the High Court handed down a unanimous decision in the matter of Expense Reduction Analysts Pty Ltd & Ors v Armstrong Strategic Management and Marketing Pty Ltd & Ors.

The decision deals with the issue of inadvertent waiver of privileged documents produced during a discovery process whilst issuing a rebuke and warning to parties and practitioners that any allegation of waiver which is going to turn on a legal, technical argument tangential to the main proceedings should not be made. More…

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ILN Today Post

Investing in major infrastructure: the proposed public sector stake in PF2

A version of this article was published in Partnerships Bulletin on 1 October 2013.

The Government has just published its response to the consultation on public sector equity investment as part of PF2.  It is helpful to reflect on the debate about PFI and whether this approach to public sector investment helps us address key issues emerging from that debate. More…

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Eighth Circuit Adopts Novel False Claims Act Fraud-in-the-Inducement Theory Long Espoused by Government

On October 15, 2013, a divided three-judge panel of the United States Court of Appeals for the Eighth Circuit rendered a federal False Claims Act (“FCA”) judgment against Bayer Healthcare Pharmaceuticals (“Bayer”), based on a qui tam relator’s allegation that the company had fraudulently induced the Department of Defense (“DoD”) to enter contracts under which a drug known as Baycol subsequently was purchased for the use of members of the armed services. United States ex rel. Simpson v. Bayer Healthcare, No. 12-2979 (8th Cir. Oct. 15, 2013). For the full opinion, see

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Belorussia enters the Russian oil procurement market: Lidings conducts a large purchase of assets in the RF

Lidings, the leading Russian law firm, dedicated to advising foreign companies on all aspects of Russian law advised Zeppelin Russland (official distributor of Caterpillar power generation equipment in Russia) in its purchase of real estate in Lobnya, Moscow Oblast.

The transaction involved Lidings lawyers (led by Real Estate Practice Group Head Tatiana Bicheva, together with Associates Natalia Goncharova, Konstantin Khorunzhy, Dmitry Pavlov and Zakhar Polezhaev) in Zeppelin Russland’s acquisition of new office premises and storage and service station facilities, as well as the analysis of various transaction structures, including the long-term lease of buildings and the purchase of land for construction, consistent with Zeppelin’s planned future development.

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