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Inside Internal Controls

News and discussion on implementing risk management

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Why get an injunction anywhere else? Federal Court grants interlocutory injunction based on damage to goodwill and practical impossibility of calculating lost sales

This case and its discussion of the difficulty associated with the apportionment of lost sales may provide a path to an interlocutory injunction in cases with similar difficulties.

 

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Can marketing and compliance share a playbook?

I recently read an article in the Winter 2017 MIT Sloan Management Review, Mastering the Market Intelligence Challenge (Chari, Luce & Thukral). In this work, the authors address how “many multinationals simply import their domestic models into emerging markets.” And whilst this work is directed towards those who deal with market intelligence in emerging markets, the conclusions drawn are equally applicable to those who face compliance challenges in such frontier regions.

 

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Using your competitor’s trademarks as keywords? Proceed at your own risk

The Court of Appeal for British Columbia has issued an injunction restraining a party from using its competitor’s trademarks in its keyword advertising. While the Court of Appeal stopped short of finding that bidding on keywords in and of itself is contrary to the Trade-marks Act, it did find that in this case, the Defendant’s use of the Plaintiff’s trademarks as keywords in the visible text of its sponsored link was a misrepresentation likely to cause confusion to the public.

 

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Canada’s anti-spam law: it’s getting closer every day

The latest info from Industry Canada has the new anti-spam legislation coming into force in early 2012. The consultation period is over, and the government will now finalize the regulations that organizations will have to follow.

 

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Personal information online: new tools, old responsibilities

Sometimes, technology creates new ways to exploit information faster than the law and business can keep up. The Office of the Privacy Commissioner of Canada is trying to make sure that doesn’t happen in the case of behavioural advertising. Last year, the Privacy Commissioner conducted consultations on the new ways that organizations are collecting and using customers’ personal information, and prepared its Report on the 2010 Office of the Privacy Commissioner of Canada’s Consultations on Online Tracking, Profiling and Targeting, and Cloud Computing.

 

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Do you offer ‘paperless receipts’?

If you do, you should make sure you understand the privacy and personal information implications. CTV reports that some Canadian retailers are now offering their customers an “e-receipt”, which they can receive by email or access at dedicated websites. Sure, it’s a “green” option, and maybe more convenient for customers who want to track their purchases, but it requires the customer to provide an email address, which might allow retailers to “learn a lot about a customer’s preferences and buying habits”.

 

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Social media make it easy to create controversy, but smart practices can limit the risk

Technology usually helps us function by making daily tasks easier, safer, more efficient, and so on. But sometimes a technology comes along that doesn’t simply improve the way we do something, it actually creates a new type of behaviour. I think this is the case with online social networking, which allows individuals to broadcast to mass audiences in a way that wasn’t available in the past. The question remains, however, as to whether this activity makes life any easier! Some have certainly found it just causes them trouble.

 

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Business planning and the business of digging holes

I’m in the middle of a pretty large home renovation project right now, which means there’s a great big hole in my basement floor and the foundation is fully exposed. It’s been that way for weeks now. The reno project isn’t delayed due to lack of hard work, it’s the planning that’s causing the problems. I’m waiting on this and I’m waiting on that. I can fill the hole, but I can’t do it until the plumber comes and does his thing. If you’re running a business or managing work and workers, I’m sure you have some idea of what I’m talking about.

 

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Anti-spam bill returns to House

Remember the ECPA, the proposed Electronic Commerce and Protection Act? It’s back, but with a gnarly new name: the Fighting Internet and Wireless Spam Act.

 

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Social responsibility, social media – can’t I just run my business how I used to? (Part 2)

Of course, you can certainly still run your business as you always have, and wait to see if corporate social responsibility and social media turn out to be passing trends. What’s more, maybe you don’t want to be on the cutting edge of marketing strategy—or don’t need to be. It is absolutely up to you.

 

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Social responsibility, social media – can’t I just run my business how I used to? (Part 1)

Do companies really need to implement and integrate social responsibility and social media strategies in order to succeed in today’s business world? These ideas didn’t even exist until relatively recently, and most businesses appeared to run smoothly before. But in the last couple of years, rarely a day has gone by without some mention in the news of companies taking on the role of social or environmental steward or engaging their customers and creating communities on the Internet. With all the talk, it seems businesses that don’t incorporate these strategies will look like obsolete outcasts, soon to disappear from the market.

 

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