Reed Smith LLP (LexBlog Canada)

19 results for Reed Smith LLP (LexBlog Canada)

  • No! (from) Canada

    We’ve heard politicians advocate importing “cheaper” prescription medical products from Canada for years.  We’ve always thought the idea was ludicrous.  As we said, a little more than two years ago: Think about it.  California alone has a greater population than Canada.  Any large-scale importation of cheaper Canadian drugs to the United States would almost immediately...

  • FDA’s Section 804 Prescription Drug Importation Program and 801(d)(1)(B) Guidance

    On December 23, 2019, the U.S. Food and Drug Administration (FDA) published in the Federal Register a set of proposed rules covering the requirements and procedures for importing under Section 804 of the federal Food, Drug, and Cosmetic Act (FDCA) prescription drugs from Canada. It is these proposed rules under which prescription drugs intended for...

  • Risks and considerations when storing crypto-assets

    Following the sudden death of its co-founder and CEO, Gerald Cotten, in December 2018, Quadriga, Canada’s largest cryptocurrency exchange, is unable to gain access to about $145 million of bitcoin and other digital assets. Quadriga reports that Cotton stored the digital assets in a “cold wallet” on his encrypted laptop and repeated attempts by his...

  • Lessons Learned – The Importance of Governance and Regulatory Oversight in Storing Crypto Assets

    Quadriga “Loses” Keys to Stored Digital Assets Quadriga, Canada’s largest cryptocurrency exchange, is unable to gain access to about $145 million (USD) of bitcoin and other digital assets following the sudden death of Gerald Cotten, its co-founder and CEO, in December 2018.  According to Quadriga, Cotten stored those digital assets in a “cold wallet” on...

  • Yo, Canada! Oy, Vermont!

    The federal right-to-try (“RTT”) adventure, which we chronicled here, and here, concluded not long ago with the final passage of S. 204, signed into law on May 30.  The final bill is not materially different from the house draft we analyzed earlier.  The final bill cleaned up some of the previous hastily-drafted language, such as...

  • Judge Dismisses Some Country of Origin Claims Against Guinness Beer

    In January 2016, a class action lawsuit was filed in Massachusetts against Guinness beer for misrepresenting that Guinness Extra Stout was brewed in Dublin when it is actually brewed in Canada. Plaintiff claimed that the prominent use of “Traditionally Brewed” and “St. James’s Gate Dublin” in conjunction with “Imported Guinness Extra Stout” created a false...

  • CJEU has released Opinion on EU-Canada Passenger Name Record Agreement – What it means for international data transfer mechanisms

    In the Opinion 1/15 of 26 July 2017 (“Opinion”), the Court of Justice of the European Union (“CJEU”) held that the proposed agreement between the EU and Canada on the transfer and processing of Passenger Name Record (“PNR”) data may not be concluded in its current form. The Opinion is available here. The CJEU said that...

  • Canada accepted into APEC Privacy System

    On 15 April 2015, Canada became the fourth country to join the APEC Cross-Border Privacy Rules System, a voluntary consumer data privacy program, behind Japan (2014), Mexico (2013), and the United States (2012).  All 21 APEC countries were involved in the construction of this system, but membership is not guaranteed. Interested countries are required to...

  • Guest Post – Charlton in Charge: British Columbia Court of Appeal Overturns Pharmaceutical Class Action Certification Due to Plaintiff’s Failure to Provide Workable Causation Methodology

    What follows is a guest post about a significant class action decision in Canada.  Our guest poster today is Chris Horkins of the Canadian firm Cassels Brock & Blackwell LLP.   We haven’t changed a thing, not even Canadian-style spelling, so as always our guest poster gets all the credit, and any blame, for what follows....

  • Canada’s Supreme Court Holds Stricter Standards Apply to Search of Texts

    This post was also written by Frederick Lah. On March 27, the Supreme Court of Canada held that the police must obtain a judicial wiretap order to get text message records from service providers, as opposed to a general warrant, which is easier to obtain. In this case, the police obtained a general warrant requiring Telus,...

  • Supreme Court of Canada Recognizes Employee Privacy Rights in Workplace Computers

    This post was also written by Frederick Lah. Last year, we blogged about an Ontario Court of Appeals case holding that a teacher had a reasonable expectation of privacy in his work computer. In that case, a high school teacher, Richard Cole, was charged with possession of child pornography and the unauthorized use of a computer....

  • Chevron Case Adds An Additional Venue, Canada; Plaintiffs Seek To Enforce Judgment There

    A brief recap of where the parties are in this continuing saga.  After obtaining a judgment against Chevron Corp. (which bought assets directly or indirectly from Texaco, Inc. in 2001 and was treated as the successor in interest for environmental liabilities) of $8.646 billion, Ecuadorian plaintiffs (indigenous peoples in the Amazonian rain forest) sought enforcement of a  judgment in the...

  • Federal Court Seized of Admiralty Jurisdiction Nonetheless Dismisses In Favor of Canadian Litigation

    Sikorsky Aircraft Corp., et al. v. Lloyds TSB General Leasing (No. 20) Limited, et al., Civil Action No. 3:10-CV-00954 (CSH) (D. Conn. Apr. 2011), demonstrates how two insightful courts are managing international litigation pending in two different countries.  The case involves a forum battle arising from the crash of a helicopter into international high seas...

  • Clause Requiring Arbitration of “Any Controvesry” Broad Enough To Encompass Claims Pre-dating the Agreement or Having Nothing To Do the Agreement Containing the Arbitration Provision

    Nanosolutions, LLC, et al. (Nano) v. Prajza, et al., Civil Action No. 10-1741 (EGS) (D.D.C. June 2011), grants a motion to stay litigation in favor of pending arbitration.  The rationale bears on international litigation disputes generally in the several respects. Nano is a biotech company that develops “technology involving tissue-like nano-encapsulation delivery sytems, providing instant...

  • Canada Rebuffed In Effort To Dismiss Claims Against It on Forum Non Conveniens Grounds

    Cruise Connections v. Attorney General of Canada, Civil Action No. 08-2054 (D.D.C.  15 Feb. 2011), is the decision on remand from the D.C. Circuit Court of Appeals, 600 F.3d 661 (D.C. Cir. 2010). The D.C. Circuit opinion had ruled the District Court had jurisdiction over Canada by reason of the commercial activity exception to the...

  • Government Contracts Federal Forecaster, Vol. VI, No. 3

    Articles In This Issue: Protest, Claim, or Both? Taking Advantage of Dual Jurisdiction in the U.S. Court of Federal Claims Cloud Computing – The Risks and Rewards for Federal Government Contractors New Government Contractor Reporting Requirements on Subcontracts and Compensation U.S.–Canada Trade Agreement Suggests Increased Cross-Border Opportunities with Regard to Public Projects Click here to..

  • Civilization Comes To Canada! (Merck v. Wuttunee)

    This post discusses a Vioxx case, and Bexis’ tongue is thus tied. The following post was written by Herrmann alone: Earlier this year, in a post cleverly titled, “Oy, Canada,” we deplored the fact that apparently no Canadian trial court had ever denied a motion to certify a class action. We’re pleased to report that...

  • Oy, Canada!

    As we’ve said before, we don’t do Canadian law here. We posted once on that subject, about a year ago, and we were quick to confess our ignorance. But we were startled by what we heard about Canadian class action law at the ACI conference in New York City last month. One speaker said that,...

  • Canadian Medical Monitoring (Peter v. Medtronic)

    We can’t spell Canada. We have enough trouble with “USA.” We don’t speak Canadian. And we sure as heck don’t do Canadian law. But just when the United States seems to be coming to its senses about claims for medical monitoring, Canada slipped a gasket. In Peter v. Medtronic, Inc., No. 05-CV-295910CP, slip op. (Ontario...

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT