Sorry for the lack of Canadian content this week, but here are some links of note.
- Jeremy Mittman, German Court Rules That IP Addresses are not Personal Information. A big issue that hasn’t been fully litigated in open court in Canada. (Proskauer Rose Privacy Law Blog)
- Laywer2Lawyer, The New Federal Rule of Evidence 502. Following J. Craig Williams and Bob Ambrogi’s podcast is my favorite way to keep finger on the pulse of American legal developments. In this one, Guest Robert D. Owen delivers great substantive input on the new federal rule which lays a foundation for clawback and other agreements intended to limit inadvertent waiver of privilege. (Legal Talk Network)
- Richard Nagareda on Taylor v. Sturgell. Taylor v. Sturgell is a case about one individual’s right to make an FOI request following another individual’s identical request and, more broadly, the so-called “virtual representation” doctrine. Although this podcast was recorded before the June ruling of the United States Supreme Court (summary here), it situates the issue in dispute very well. It also includes an interesting argument for reckoning with a concept Professor Nagareda calls “embedded aggregation” – a problem associated with some claims that, based on their nature, will naturally tie the hands of subsequent claimants. (The Federalist Society)
I FINALLY had a good surf last weekend, though not without effort. It took one afternoon of groveling in shore-break, an hour of searching for lost fins in shore-break, several outside diaper changes, one missed afternoon nap, two flight change fees, some hugs and kisses to family who returned home without me and an unplanned “out of office” message to score a few hours of decent surf outside of Halifax on Monday morning. Work-related stress and family-related guilt had me bolting to the airport before my feet had thawed out (hence the second change fee) and missing what was later reported as the best session of the day, but that’s how it goes. Family and friends, you are awesome for supporting this obsession. We should all move to the ocean and work virtually!