Archive for the 'Publications' Category
Weil, Gotshal has published an article in Practical Law entitled “How to Prepare for and Respond to a U.S. Antitrust Raid” (see: How to Prepare for and Respond to a U.S. Antitrust Raid).
Given that there are many similarities between searches (or “dawn raids”) in Canada and the United States, we thought this recent note would be of interest to our clients and Canadian firms.
Our friend Russell Brown at the University of Alberta has written a new book on economic loss in negligence entitled Pure Economic Loss in Canadian Negligence Law.
From LexisNexis:
“Finally, Canadian tort and contract lawyers have a new resource to consult on claims in negligence for pure economic loss. Written by law professor Russell Brown, this book comprehensively deals with this complex and often confusing area of Canadian law.
This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them. It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area.
The First of Its Kind
The duty of care analysis in Canadian law concerning pure economic loss has become extraordinarily complex and in some respects is not being stated or applied consistently at the Supreme Court of Canada from case to case.
Therefore, there is a real need for a book devoted solely to examining the Canadian case authorities and the unique problems that arise from them. This is that book.
A New Perspective
This book adopts a new macro-organizational structure for understanding pure economic loss: First, the subject area is divided into two parts, with each part corresponding to one of the two bases for recognizing a duty of care in negligence law. Those bases are: (1) the physical loss basis and (2) the reliance loss basis.
Second, each of the four categories of pure economic loss is assigned to one of those two parts (Relational Economic Loss and Loss of Bargain Arising from Defective Products or Building Structures fall under the physical loss basis, while Negligent Misrepresentation and Negligent Performance are consigned to the reliance loss basis).
Oxford University Press has published their March edition of the Journal of Competition Law & Economics, which includes articles on patent hold-up (Richard Epstein), buyer alliances (Ariel Ezrachi), search engine competition (Cedric Argenton) and private antitrust enforcement (Reza Rajabiun).
For more see:
We came across the following new and interesting Canadian litigation and regulatory law books, including a new defamation text and a new edition of an interesting text on law for real estate agents:
Fairness in Class Action Settlements (Carswell) – Catherine Piche
From Carswell:
“This treatise explores the legal policy and reasoning behind the mandatory judicial approval of class action settlements, the process by which it is sought and obtained, the currently relevant factors and indicia of settlement fairness which support all decisions to approve, and the roles of the principal settlement actors, particularly the settlement judge. It suggests reform recommendations applicable to these approval processes, roles of the actors and standard of settlement fairness. These recommendations are tested, for their plausibility, against empirical data obtained from the qualitative interviews of seventeen judges conducted by the author in four target jurisdictions that have similar approaches to class action settlement approvals, and where class action litigation activity is heavy: Quebec, Ontario, British Columbia, and the United States federal courts.”
For more information see:
The U.S. Federal Trade Commission (“FTC”) has published a very interesting list of top 10 consumer complaints:
1. Identity theft:
New (2012) advertising, competition/antitrust, cartel, trade and class action law books from Oxford University Press:
The Class Action Playbook – Brian Anderson and Andrew Trask
From OUP:
“The Class Action Playbook is a unique and strategic “how to” guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class action judgments.
Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow.
This Second Edition covers six relevant cases from the historic 2010 and 2011 Supreme Court terms; official commentary on class actions with citations to the new American Law Institute’s statement of the Principles of Aggregated Litigation, and where it upholds plaintiffs’ or defendants’ arguments; a discussion on emerging class action litigation tactics, including the use of arbitration clauses and the use of motions to strike class allegations; new appellate-court trends in class-action law, including developments in adequacy of representation, superiority, and use of experts at class certification.”
For more see: OUP: Class Action Playbook
The Global Competition Review (GCR) has published a volume on private antitrust litigation. This issue includes articles on private antitrust litigation in Europe, the U.S., Turkey and an interview with Procter & Gamble Vice President and General Counsel Libby Rutherford (see: GCR February 2012).
We like to highlight particularly impressive competition/antitrust law websites, books and academic projects from time-to-time. In this regard, one of the most impressive ongoing collective scholarship projects is the Essentials of Merger Review project being worked on by members of the American Bar Association’s International Antitrust Law Committee (see: Essentials of Merger Review).
This staggering and ambitious project is currently assembling and updating the essential merger review rules for most countries with merger review systems, including Canada, under the supervision of a team of regional editors.
Currently, the Merger Review Project includes summaries for more than 40 jurisdictions.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
