Karen Zimmer

Privacy breach by your rogue employee: Are you liable?

Collecting, storing, and using personal information is often the key to developing and delivering individualized products and services in our current economy. As consumers, businesses, and service providers alike become increasingly comfortable using electronic platforms to exchange or store personal …

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Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

All users of Facebook agree to its Terms of Use as part of the registration process.  When doing so, users agree to submit to California courts when litigating any claim arising, and that the laws of California will govern.  Hence, …

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Upholding the end of the bargain, and avoiding penalty and unconscionable claims – Case comment: Do v. Nichols

On March 18, 2016, the British Columbia Court of Appeal released reasons for judgment in Do v. Nichols, 2016 BCCA 128.  This decision provides guidance on how to draft and enforce tough provisions in a contract that can withstand penal …

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