All About Information

A legal blog about the law of information – By Toronto, Ontario lawyer Dan Michaluk

Archive for the ‘Information Roundup’ Category

Information Roundup – 3 January 2010

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Here are some links from the past few weeks:

I’ve spent the last couple weeks on the East Coast, have had a wonderful holiday and am ready for a new year of work. Here’s a pic from a beautiful day just after Christmas – not that the more adverse weather typically found in Halifax and surrounds lacks a certain charm.

See ya!

Dan

danmichaluk

That’s you!
  1. RT @slaw_dot_ca Ontario E-Discovery Rules of Civil Procedure Now In Effect http://bit.ly/52o84H

  2. The Case of the Vanishing Full Time Professor [NYT] http://bit.ly/7SkNsR

  3. Big Nor’ Easter will strand me in Halifax ’till Tuesday. So upset I’ll need to surf woes away!

  4. @conniecrosby We blessed the countryside in Shelburne, ON with our nakedness. Happy New Year Connie!

  5. #10yearsago With friends in the country running naked in the snow.

  6. RT @stevematthews 2009 CLawBies http://ff.im/-dBLKx Congrats all and thank you Steve. Nice to be part of this community!

  7. http://twitpic.com/w18pz – The mother of all lobsters!

  8. Father-in-law theorizes that most work in business world gets done in first five months of year. Better get on it!

  9. RT @wiselaw Should a judge be on Facebook? – Toronto Star http://bit.ly/5NmXWM

  10. Hey @rochfrey. What was your time? You can check mine out at www.beermile.com A (very) former talent of mine :)

  11. RT @PrivacyLaw “Warrantless Dorm Search Upheld ” http://bit.ly/6lZj9d

  12. Grateful for good surf and wonderful weather today. Abuzz!

  13. Lots of weather in NS now, and swell potential for tomorrow. Negotiated a drop off at the beach after parents and tots swim. I’ll take it.

  14. Man C.A. affirms quashing of orders to produce media tapes http://bit.ly/4MhLR2

  15. RT @nggauthier Cellphone Searches http://bit.ly/8Ydrv6

  16. RT @slaw_dot_ca Information and Privacy Cases of the Year http://bit.ly/6mfN8O

  17. http://twitpic.com/v66du – Small kine east coast xmas swell

  18. @a_cameron http://twitpic.com/uz77k – Happy holidays from the opposite coast Alex! Killer view!

  19. Replied to @omarharedeye’s comment on FB production orders here: http://bit.ly/868QH1

  20. RT @slaw_dot_ca Slaw Wins Blawggie – Again http://bit.ly/5g26tQ [Congrats @fodden!]

  21. @ eMichaelPower Family here safe and sound thx, and only 50 minutes late. Have a nice holiday!

  22. SCC okays defence of resp. communication on matters of pub. interest http://bit.ly/8qNWbO http://bit.ly/7qLFqE Not rest. to pro. jnlists

  23. http://twitpic.com/undne – Family pickup at Haligax airport. Excellent waiting lounge!

  24. Today the OCA granted leave to appeal this FOI decision, which must drive the IPC/Ontario nuts: http://bit.ly/d6Ozj

  25. How do I know @michaelgeist is a thought leader? His tweet of http://bit.ly/8Ri44g is pushing blog to 300+ hits.Thx! You too @privacylawyer

  26. In Hali. Fast until one hour out, then storm hit. The Columbine audiobook is disturbing, sad and intense. All I can take until trip home.

  27. Another FaceBook production order made [Canada] http://bit.ly/868QH1

  28. Will download and listen to Dave Cullen’s “Columbine,” which sounds pretty good. http://bit.ly/4EGMIJ Lots of Red Bull too.

  29. Getting ready to drive 17 hrs solo to Halifax. Shortest day of year, hairless cat on board and a mean case of carpal tunnel. Apprehensive.

  30. @thetrialwarrior :) More into the journey than the destination, but am guilty of recycling old posts off of leave decn’s. Thx for the RTs!

  31. But SCC also denies leave in Tadros background check case. SCC bulletin http://bit.ly/7YHVwy My summary http://bit.ly/7Wqk

  32. Leave to appeal in FOI case to granted by SCC today. SCC bulletin http://bit.ly/7YHVwy My summary http://bit.ly/4RRAN

  33. RT @clarinette02 ‘School cyberbully wins free-speech case’ http://bit.ly/2AR3mp

  34. Going head-to-head with un.counsel in mock arb. on “Living w Technology and Other Workplace Technologies” at 1:00. Audience will vote. Fun!

  35. RT @slaw_dot_ca U.S. Supreme Court Agrees to Review Right to Read Employee’s Messages http://bit.ly/6WzePt

  36. Decision on leave to appeal in FOI case to be rendered by SCC Thurs. SCC headnote http://bit.ly/6LwIYY My summary http://bit.ly/4RRAN

  37. RT @vanssurf Tiger Woods isn’t hiding. He just showed up at the Pipeline Masters!

  38. More e-mail skirmishes in Canadian FOI law http://bit.ly/8X55Ko

  39. RT @KangaCairns Billabong Pipe Masters ON in Pumping Barrels, ASP World Title Showdown Begins – Watch it LIVE via www.aspworldtour.com

  40. http://twitpic.com/t7txc – At 2.5 he fully appreciates x-mas this time ’round.

Written by Dan Michaluk

January 4, 2010 at 1:32 am

Information Roundup – 29 November 2009

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Here are tweets from the last few weeks you may be interested in (in chronological order):

I need to take this opportunity to give a big shout out to “Buffalo Littlebones,” our cat. Poor little guy seems a little out of sorts because of all the attention we’re giving to our human children. Yes, you whine incessantly until we let you out, then immediately whine incessantly to be let back in. Yes, it is annoying when you prick at our necks at 3 o’clock in the morning. Yes, that was pretty uncomfortable when you refused to get off my lap for 17 hours straight of driving. Despite all this, dear Buffalo, you will always be our first!

See ya!

Dan

Written by Dan Michaluk

November 30, 2009 at 2:10 am

Information Roundup – 1 November 2009

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Here are some links you may find interesting!

You may have noticed that I’ve slowed down posting. This is not because I’ve tired of the blog, but because of my new commitment to Slaw.ca and my new expanded family. Both new commitments are very rewarding, especially new life with Hugs and Pens (below). Please keep coming back.

See ya!

Dan

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Written by Dan Michaluk

November 2, 2009 at 12:17 am

Information Roundup – 27 September 2009

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Here are some recent tweets of note!

I’m in on a Sunday taking care of some business before a surf holiday with family. We did get some family time this morning. Here’s a pic.  Happy times.

See ya!

Dan

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danmichaluk

  1. http://twitpic.com/jcyi4 – One big snail man.

  2. RT @CanadianPI Limiting employer liability for breaches of employee data http://ping.fm/st4uo [But wht abt due diligence/harm prevention?!]

  3. http://twitpic.com/j9hfu – Rainy walk.

  4. RT @karensawatzky On the bus to #ImagineNiverville for 1/2 marathon. Wish me luck! [Good luck!]

  5. RT @slaw_dot_ca Judicial Humour >> Slaw http://bit.ly/3wGRDl

  6. RT @slaw_dot_ca CBA guidelines on using electronic marketing >> Slaw http://bit.ly/shOCJ

  7. “If you can’t explain it simply, you don’t understand it well enough.” – Albert Einstein. (via @Law_Writer and @JacyWhittaker) Thanks!

  8. RT @slaw_dot_ca Now’s a good time get good at processing electronically stored information >> Slaw http://bit.ly/2Shggs

  9. RT @stevewerby 13% of med school deans admit to student incidents involving sharing private patient data via web http://bit.ly/2HD1q5

  10. Finally got through Ohm’s anonymization paper: http://bit.ly/oynBu An essential read? Hat tip to @DavidCanton.

  11. RT @slaw_dot_ca Proving an Email >> Slaw http://bit.ly/1b444x

  12. RT @WieseLawFirm Interesting short post on trust in negotiations – http://short.to/qrpt (via @JamesDunningGeo)

  13. En route to The North for a couple days. Expecting Timmins to be brisk and beautiful.

  14. Wrongful dismissal plaintiff can discover his former subordinate about her harassment complaint http://wp.me/p6aAc-FD

  15. Thanks for the FF @jacywhittaker, @omarharedeye, @anthonybushnell and @retrorize. And thanks for the props @karensawatzky. Good weekend!

  16. @RossRunkel NBA drug tests: State law can override collective-bargaining agreement http://tinyurl.com/mygesu

  17. http://twitpic.com/i7vg9 – Earned this beer today. Good weekend all!

  18. http://twitpic.com/i3gr3 – New eco park at Queen and McGee. Cool.

  19. Presentation on managing employee use of social media applications http://wp.me/p6aAc-Fs

  20. Prepping for a talk on managing employee use of social media. My part of a presentation with the wonderful @conniecrosby

  21. RT @RossRunkel When is an Employee’s Off-Site Work (e.g., from Home) Compensable? http://tinyurl.com/pl5tla

  22. Yesterday a lost baby squirell. Tonight a fox at Dundas & Logan. The animals are taking over Toronto!

  23. Thanks for the RT @smireau Those guys do really cool work!

  24. @omarharedeye Thanks for you comments on the labour practice and law school piece Omar! http://bit.ly/1WRjvQ

  25. RT @slaw_dot_ca Get to know… business simulation designer James Chisholm >> Slaw http://bit.ly/SjAT9

  26. RT @slaw_dot_ca York University v. Bell Canada Enterprises: Observations and implications for future Norwich jurispru… http://bit.ly/mx178

  27. http://twitpic.com/hvhcr – Nature moment in Toronto. Cute thing man.

  28. Great post by prof brenner shows how proof of motive is key to delineating just and unjust publication of personal info http://bit.ly/Lfao0

  29. Thanks for the recent RTs Dan and Stuart! Follow @yourbestdefence and @canadianHRLaw.

  30. Helpful constructive dismissal case for higher ed. institutions. Recognizes wide right to re-assign sr. admin duties: http://bit.ly/3gtyiS

  31. Ontario court orders identity of Gmail user to be disclosed… good discussion of balancing of interests http://bit.ly/jNnw7

  32. @juliecolgan But RM checklists are so easy for us lawyer hacks to digest. Thanks, and have a nice weekend!

  33. Ha ha @karensawatzky I think you cured what a 14 hour workday on no sleep couldn’t. Thank you!

  34. Liked “Is Your Company Clueless?” (about records management): http://bit.ly/UTev0

  35. Can’t get THomas rhe Tank Engine theme song out of my head, and am going to work to preserve my sanity.

  36. @pegduncan Canadian e-discovery case digest updated http://tinyurl.com/dbcvgb [Thanks Peg! Just used it on a file last night.]

  37. Thanks for the RTs @CanadianHRLaw, @thetrialwarrior and @jacywhittaker!

  38. RT @slaw_dot_ca A comment on legal education, labour and employment scholarship and labour and employment practice >… http://bit.ly/1WRjvQ

  39. Privilege in e-mails waived based on uncontested waiver claim: http://wp.me/p6aAc-Eo

  40. Donning the sling for the new pre-dinner walk with Pens. Confession: i read case law while walking. A sorry sight I am!

  41. RT @yosie23 Swine flu and the workplace, participate in this blog discussion http://bit.ly/tlzI5 [Congrats on the new blog Yosie!]

  42. RT @VBalasubramani blogged: “The Admissibility of Tweets” http://bit.ly/14mhII (h/t @mglickman)

  43. Just installed TrueCrypt on netbook. Pretty painless stuff!

  44. Information Roundup on admin. tribunal privacy guidelines, PHIPA circle of care and September: http://wp.me/p6aAc-E2

  45. Reading nursing text for a case. Says confidence, risk taking, perserverence, creativity and humility are critical thinking attributes. Cool

  46. Congrats on the magazine cover @toronto_lawyer You demonstrate a deep mastery of the “blue steel”! ;)

  47. Arbitrator Kaplan follows Imperial Oil case… says no to random alcohol testing: http://wp.me/p6aAc-Dj

  48. Thanks for the FF @jjhelp and @heathercolman and the RT @thetrialwarrior. Nice to hear from you too @pulat. Bon weekend!

  49. All I will say is that this IPC/Ontario decision is worth a read: http://bit.ly/lQWqg

  50. Enjoyed this Ontario judgement (USA v. Yemec) by Belobaba J.: http://bit.ly/3Qduqd Great story, interesting law, reads like a novel.

  51. RT @slaw_dot_ca Death of an Innocent Man >> Slaw http://bit.ly/105rTd

  52. RT @slaw_dot_ca Social Media Background Checks >> Slaw http://bit.ly/cY2US

  53. RT @Pr1vacy Brochure: Circle of Care: Sharing Personal Health Information for Health-Care Purposes [PDF] http://bit.ly/15KQfJ

  54. RT @slaw_dot_ca Michael Fitzgibbon Joins Slaw >> Slaw http://bit.ly/2cI9P

  55. RT @slaw_dot_ca The case for short legal communications >> Slaw http://bit.ly/kugqp

  56. RT @rcalo Can’t recommend this enough. Hope they keep it up! http://cyberlawcases.com/ [Will give it a shot. Thanks!]

  57. Via @DougJasinski View a Dipity timeline of Canadian law firms on twitter: http://twurl.nl/lzbsx7 [So cool!]

  58. The Alberta Court of Apeal RSS feed on CanLII now comes with keywords. Very nice!

  59. http://twitpic.com/g0i6m – Family cut by George.

  60. A reminder about what we lawyers do: http://bit.ly/ff8RL [Thank you Mike.]

Written by Dan Michaluk

September 27, 2009 at 7:15 pm

Information Roundup – 6 September 2009

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Here are some links within the domain that you may appreciate.

I’ve started regular blogging at Slaw.ca and am having a great time. It’s a chance to stretch out a little and be creative. Here’s a link to an archive of my posts. Otherwise I’m just carrying on, happy about our expanded family and happy that it’s September, hands down the best month of the year. It also means our fall vacation is coming up. I did manage a brilliant three hour paddle today outside of Hanlan’s Point and right underneath the Canadian International Air Show. But despite the paddle and a fun Hurricane Bill session a couple weeks ago, I need a real surf man. See ya!

Written by Dan Michaluk

September 6, 2009 at 10:50 pm

Information Roundup – 28 August 2009

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Here are some links to materials within the domain that you might find interesting (in chronological order):

I’m heading to Halifax for with Hugo this weekend. It was meant to be a father-son construction check and surf trip. I had visions of introducing Hugo to shin-high surf for the first time (now two and a half) out at Martinique. Turns out Bill is coming and all my Halifax friends are frothing about the pending “swell of a decade.” I’m trying hard to keep my expectations at zero, ’cause between the limited length of our trip, Hugo supervision duties and the short window of opportunity associated with Halifax hurricane swell, it ain’t going to happen for me. (Monday looks like the choice day, and the track below looks downright disturbing!)

Should still be a good father-son adventure though – Wanna go on another surf check Hugs?” – and I cross my fingers that things will remain safe. I’ll try to post pics over at Twitter if you’re interested.

See ya!

Dan

at200903

Written by Dan Michaluk

August 20, 2009 at 12:04 pm

Information Roundup – 2 August 2009

with 2 comments

Here are some recent links from the domain:

Wednesday will be the second anniversary of the day I started this blog. In two years I’ve made 374 posts. I’ll keep the total visit stat private, but will tell you that this is not a high traffic blog, something I attribute to the technical nature of the content that I’m wedded to. All About Information’s highest traffic day was 283 unique visitors on May 13th of this year, where a link from Michael Geist on the Cole case gave me a good spike.

I’ve been torturing myself over this decision for the last couple of weeks, but I’ve decided to set the blog to terminate (at least as you know it) at the end of February 2010. I’m having great fun blogging still, but am a believer in forced change. If I keep going indefinitely I’m bound to get bored (or boring), so need to make a commitment to shake things up. Maybe I’ll feed this content into a text? Or keep blogging on information management and privacy in a new format? Maybe I’ll use different social media to stay engaged online and finally figure out how to use LinkedIn? I don’t really know, but if you have any ideas please make a suggestion!

One thing I’ll certainly do is try and rediscover my athletic self. I’ve picked a February end date because March is really the start of the paddling season here, with some beautiful water. No commitments yet, but if things go as planned I’ll do some good crossings later in the year.

Hope you’ve enjoyed and keep coming back for the next half year!

Dan

Written by Dan Michaluk

August 2, 2009 at 2:24 pm

Information Roundup – 13 July 2009

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Other than the case law I’ve posted on, here’s what I’ve been reading since the last Roundup on July 5th: 

Every so often I re-jig my approach to digesting information from the web. Since I started on Twitter in January I’ve found it great for picking up on current affairs. I’ve liked the “living index” quality of Twitter so much that I’ve really been far too neglectful of RSS feeds – pretty much mass deleting everything rather than keeping up and digesting.

About a week ago I went back and did some serious weeding of my NewsGator feeds and eliminated any feeds that only broadcast the type of information I’m likely to get through Twitter. At the top of my new “desert island” list is the University of Calgary’s “ABlawg,” which struck a chord with the two posts linked above. I also like Foley Hoag’s Security, Privacy and the Law, Littler’s Workplace Privacy Counsel, Proskauer Rose’s Privacy Law Blog and K&L Gates’ Electronic Discovery Law blog via RSS.

Take care!

Dan

Written by Dan Michaluk

July 14, 2009 at 12:34 am

Information Roundup – 5 July 2009

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Here are my recent links of note from June 22nd.

If you’re interested in the law relating to corporate e-mail systems, be sure to check out Stengart v. Loving Care Agency Inc., linked through the fifth bullet below. It’s a New Jersey case about whether an employee waived privilege in solicitor-client communications by sending them through a personal internet-based e-mail account on a work computer. The e-mails were recovered by the employer, who claimed it could use them in post-employment litigation with the employee. The Court makes some extremely strong statements against employer control over “personal” communications on work systems – some of the strongest I’ve read.

I find the reasoning in Stengart troubling, but am withholding an opinion pending further thought. What’s immediately remarkable to me, however, is how value-laden these e-mail judgements are. Try reading the Alberta Court of Appeal’s recent Poliquin decision and Stengart back-to-back and you’ll see what I mean. This is not good in my view. As a management side advisor and advocate I’m not inclined to promote the enactment of privacy legislation, but if we are going to have enforceable privacy rights, enacting good and balanced privacy legislation might be a way to make such rights understandable. Without predictability, policy-making will be difficult and litigation of reasonable positions might be prohibited by risks that cannot be controlled. These thoughts to be continued at a later date.

On a personal note, Seanna and I are new parents of Penelope Green Robinson. She was born two days ago and is very healthy. “Green” is from Joni Mitchell’s song “Little Green” – a lovely (though sad) song about a mother’s love for child. Here’s a pic of PG and her brother Bug, who has been very welcoming. As for me, I’m feeling very grateful for my family and for the wonders of life.

See ya!

Dan

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Written by Dan Michaluk

July 5, 2009 at 5:45 pm

Information Roundup – 22 June 2009

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Here are the links I’ve tweeted since the last Roundup:

Been going very hard lately. I think summer is supposed to be a time for a little catch up, but I probably agreed to take on a few too many speaking engagements and had a couple of big matters to handle at the same time. I do find getting out and speaking a good way of learning though, and I have no regrets about my last month in that regard.

On the personal front, we’re expecting our second child very shortly. It’s about time, because Hugo (below) seems two going on ten. I just talk to him like an adult now, ’cause he seems to understand everything. Big vocabulary too – good words and bad!

The baby’s due just after Canada Day, and I’m heading out solo to our friends Dave and Janie’s wedding on Cape Breton island that weekend. A certain disaster waiting to happen, but rushing back to TO could also make for a good story. We’ve never been good at keeping things simple!

Take care and enjoy the links!

Dan

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  1. Port and Popsicles on the back porch. So good an experience I should sell tickets!

  2. Liked Mike Fitzgibbon’s Summary Judgement in Employment Disputes: http://bit.ly/PHB7y

  3. Thank you for the RT@MAllinotte!

  4. RT @slaw_dot_ca New post on Slaw: The Justice Reporter http://tinyurl.com/lqy4fn Printed a copy for review. Looks good.

  5. Supremely secret: top [Canadian] court wants law clerks muzzled: http://bit.ly/YhW8J Not a hard find, but interesting.

  6. Interesting case on ER vicarious liability for EE privacy misdeed: http://tinyurl.com/lcqs3g Via @privacylaw

  7. Nice day in TO. Morning at Riverdale farm and then a paddle out around Leslie Spit.

  8. Good TO Portlands experience this am. Windsurf sesh followed by splash in the pool at Mayfair. Feeling human now.

  9. Reading The Court’s Privacy is Dead post: http://bit.ly/13d1Ee

  10. “Crown brief” production judgement by the BCCA: http://bit.ly/cxmdV [Still unpacking this, but have recorded the essence.]

  11. Congrats! RT @wenlib Trying to focus – too excited about the new job. I’m going to be the Manager of client services at the Leg Library…

  12. @privacylawyer Yes, we’re getting lots of mileage out of it. Can’t wait to hear your views over a beer some day…no tape recorder present!

  13. John Gregory pushes back on my comment on the scope of privacy rights and Raitt at @slaw_dot_com: http://bit.ly/flBni

  14. @erikmagraken on today’s Crown brief production case from the BCCA: http://tinyurl.com/lcqs3g Thx Erik!

  15. @dominicjaar Nice gig, I’d say!

  16. Commented on the @a_cameron post on the Raitt tape case @slaw_dot_ca: http://bit.ly/flBni

  17. Thanks @pensionlawyer and @sectorprivate. Further developed thoughts (sort of) here: http://bit.ly/t0BDG

  18. Privacy guy’s awesome digest is up: http://bit.ly/IKKYh

  19. And on a more serious note, great OBA dinner on search and seizure. Prof Austen drew an nice link between R. v. Patrick and Internet privacy

  20. @beermile Very flattered by the comparison to Bobby Riggs, but your assumption about my fitness level might be too generous!

  21. Thank you @smireau and @helply. Here’s the privacy wheel, posted by @privacynow from down under:http://twitpic.com/4b0f1

  22. I recall following someone who created this great “privacy wheel,” an internal communication/training aid. Can you help me find it?

  23. Decided to attend this OBA dinner program on search and seizure tonight. Looks good. If you’re in TO, check it out: http://bit.ly/2loDMz

  24. RT @beermile Beermile.com just surpassed 10,000 entries. (via @doctorfantastic)

  25. Thanks for this (on U. Illinois admissions suit) @PrivacyLawhttp://tinyurl.com/l5hkdu

  26. Reminded of this timeless article in an firm project. Forget the Windup and Make the Pitch: http://bit.ly/mnPHV

  27. Added short addendum to Ontario IPC personal e-mails case: http://bit.ly/w4sTA

  28. Tandem appeals in Prime Minister’s agenda book matter come in against public access: http://bit.ly/kkKEu

  29. Paddleboarders prepared to pack it on: http://bit.ly/14fVSH

  30. Final argument in big matter (for me) today. Exhausted. Fulfilled.

  31. Student appeals and higher education student affairs issues: http://bit.ly/i2agF Good presentation/discussion this morn. Materials here.

  32. Like a couple from the @eschaeff “at the blogs” including the one from @AdamsDrafting on bad words in contracts. http://bit.ly/1pWMAa

  33. Got it! http://www.facebook.com/dan…

  34. Case Report – Raitt “lost recorder” judgement published: http://bit.ly/t0BDG [Leading the way for bizarre privacy case of the year!]

  35. Thanks for the FF @erikmagraken, @omarharedeye, @berskinparr and @sectorprivate. Enjoy your weekends!

  36. #followfriday @jordan_law21 for the free advice on the use of “wither” and “whither.” Thanks again Jordan!

  37. The CBA has published its new Privacy Pages newsletter: http://bit.ly/m6d70

  38. RT @RalphLosey Supreme Court Won’t Hear Case Over Computer Tech’s Right To Search Your Computer http://bit.ly/CUxXa

  39. Off to Rethink Breast Cancer’s “Romp”. Should be fun!

  40. Posted e-mail law presentation here: http://bit.ly/adTfs Found today very useful. Good presentation by @a_cameron and others!

Written by Dan Michaluk

June 23, 2009 at 1:34 am