Monthly Archives: October 2009

Spammer Ordered to Pay Facebook $711 Million (U.S.)

The self-proclaimed “king of spam” Sanford Wallace, has been ordered to pay Facebook, the popular social networking site$711 million for damages (U.S.). The suit claimed that the spammer registered as a Facebook user and started a spamming and phishing scheme which resulted in some 14 million violations under U.S. federal law.

The spammer has also been referred to the U.S. District Attorney’s office for criminal contempt because of his failure to attend scheduled hearings.

This ruling is the latest of several litigation victories in an effort to curb spamming through social networking sites, reported The San Francisco Chronicle.

“In November [2008], Facebook won a record $873 million judgment against a Canadian resident accused of sending more than 4 million bogus messages from members’ profiles, many advertising male enhancement drugs.

In 2008, Facebook rival MySpace won a $234 million judgment against Wallace and another Internet marketer, Walter Rines.”

However, Wallace filed for bankruptcy in June 2009. Facebook is therefore not expected to recover most of the damages awarded.

“While we don’t expect to receive the vast majority of the award, we hope that this will act as a continued deterrent against these criminals,” said Sam O’Rourke, Facebook’s associate general counsel. “This is another important victory in our fight against spam.”

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PSWLaw Unveils New Business Card Design

I’m pleased to announce that PSWLaw has got a new design for its business card. With the new design my services “Family Law” and “Integrated Small Business Solutions” are clearly displayed.

To co-incide with the relaunch, we have taken out an ad in the next issue of the Toronto Board of Trade’s newsletter “OnBoard.” Stay tuned!

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Boo! Happy Halloween 2009!

happy halloween 2009 from PSWLawhappy halloween 2009

Happy Halloween 2009! Boo!

For those who really want to know, I am a crash-test dummy this year.

Hope y’all have a safe and happy Halloween. Boo!

All work and no play makes Jack-o-Lantern a dull boy.

Graphics courtesy of Microsoft Office Online. All Rights Reserved.

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A Brief Note on Google AdWords and Your Small Business

Disclaimer: This article is provided for information, review, and educational purposes. The author does not necessarily endorse the services. All trademarks belong to their respective owners.

What Is Google AdWords?

Google AdWords is Google’s advertising program. For a fee, your advertisement shows up beside the ordinary search results when users input your set keywords into Google’s search engine.

For example, if you designate “cow” as your keyword, when users input the word “cow” into the search engine, you ad should appear along with search results for “cow.” The frequency of your ad showing depends on your set budget.

How much does it cost?

You get to set your own price and monthly budget. You spend as much or as little as you want. You only pay when someone clicks on your ad at the price you set. You can even set the price to “automatic” and the program will set a “optimal” price for you, based on Google’s formula.

Depending on your predetermined budget and price, your ad may not show every time the keyword is searched. In truth, most advertisers’ ads will only show once in a while because of the budget constraint.

When your budget is exhausted, your ad ceases being shown.

How many keywords are allowed?

You get unlimited keywords and you can list as many as you want. However, be warned that the more keywords you list, the more diluted your ad campaign becomes, especially when you have a small budget.

What’s the catch?

There’s indeed one: the positioning of your ad relative to others corresponds to how much you pay. In other words, advertisers bid for higher ranking. The more money you spend on a per-click basis, the higher your ad’s rank will be.

Competition for keywords is often intense, particularly for professional service providers like lawyers, dentists, and real estate agents. To this end, Google lets the market determine whose ad gets shown and where it’s placed under the same searches. So, the higher the price you set for the click, the more likely your ad will be shown – and at a higher ranking. In other words, there’s no set price that will guarantee placement at the top. The secret to achieving a high-rank position is to spending a penny more than the next highest bid.

The “bidding war” among advertisers puts small businesses at a disadvantage. Unlike mega-corporations that can dole out hundreds of thousands of dollars from their advertising budgets, small businesses are ill-equipped to compete on bidding price alone. Rather, clever marketing strategy and smart tactics are the keys to a successful campaign for small players.

Tips and Tricks for Using Google AdWords

Here are some tips and tricks that I stumbled upon when surfing the net:

  • Rather than competing for the most obvious keywords, like “lawyer” or “dentist,” try to be more specific with keywords, such as “copyright lawyer” or “cosmetic dentist.”
  • Choose less obvious keywords. For example, when people want to adopt a rabbit, 95% would search for “rabbit,” while 3% would key in “bunny,” and 2% would input “cotton-tail.” (My guessstimate.) If you are a rabbit adoption agency with a limited budget, your money may be better spent on the latter 2 keywords, rather than the first. Although your keywords are less popular, you catch the users’ attention of Google searchers who use those alternatives.
  • Concentrate. For “hot” keywords, consider focusing on only a few, rather than spreading your budget too thin. Thinning out the per-click price will result in your ad being shown at the bottom position, which often leads to poor results. For example, your set AdWords budget may not be spent because few people bother to scroll down the screen and click on your ad.
  • Be unique. The ads are text-based, meaning no graphics are allowed. For ad copy that attracts attention, try action words and catch phrases. For example, rather than “Rabbits for adoption,” you may want to say “Fluffy bunnies looking for sweet homes.”
  • Go big or go home. For popular keywords, the fierce bidding may drive the per-click price sky-high. If your set price is below the market floor, your ad may be rarely shown. (Rumour has it that certain keywords like “Toronto lawyer” or “Toronto real estate,” may demand a ceiling of several dollars per click.) Accordingly, if your set price is below the floor, the keywords become useless.
  • Contents matter. The ad may lead to your website but not necessarily a purchase. If your website lacks content or the users don’t see what they’re looking for, they may simply move on to another site. Your advertising dollars are then wasted.

PSWLaw offers all-around legal representation to your small business.

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Ontario Bans Hand-Held Devices While Driving

The new Countering Distracted Driving and Promoting Green Transportation Act came into force today. The Act amends various parts of the Highway Traffic Act^ and the Public Vehicles Act.# The supplementary regulation reflecting the amendment of the Highway Traffic Act also came into force today.

The legislative explanatory note provides a summary to the amendment of the Highway Traffic Act:

Driving a motor vehicle with the display screen of a television, computer or other device visible to the driver is prohibited. The display screens of global positioning system navigation devices, hand-held communication and similar prescribed devices, commercially-used logistical transportation tracking systems, collision avoidance systems and instruments, gauges and systems providing information regarding the status of systems of the motor vehicle are exempted from the prohibition. Drivers of ambulances, fire department vehicles and police department vehicles are also exempted. The Minister of Transportation may provide for further exemptions by regulation.

Driving while holding or using a hand-held wireless communication device or electronic entertainment device is prohibited. Use of such devices in the hands-free mode is exempted. Use of such devices while the motor vehicle is off the travelled part of the road, not in motion and not impeding traffic is exempted. Drivers of ambulances, fire department vehicles and police department vehicles are exempted from the prohibitions respecting hand-held wireless communication devices, as are any drivers using the devices to contact ambulance, police or fire department emergency services. The Minister of Transportation may prohibit holding or using other devices by regulation and may provide for further exemptions by regulation.

Keep in mind that many public servants, such as the police and firefighters are exempted from this regulation. Therefore, don’t scream “hypocrisy” when you see police officers using their two-way radios or laptops. For the rest of us, we’re allowed to do the following:

  • talking on the phone using a hands-free device
  • pressing a button to accept or decline answering a call if the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion and the driver can see it at a quick glance and easily reach it without adjusting his or her driving position.
  • using a GPS device
  • using a collision avoidance system device that has no other function

However, the following tasks are not OK under the new law:

  • watching a DVD while driving
  • texting while driving
  • dialling numbers by hand while driving
  • using a laptop while driving

Of course, the examples are not exhaustive. If you’re unsure about what you can or cannot do while driving, please consult a properly licensed lawyer.

*S.O. 2009 c.4

^R.S.O. 1990, c. H.8

#R.S.O. 1990, c. P.54

** O. Reg. 366/09

Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.

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PSWLaw Adopts Windows 7: A Review

I’m pleased to announce that we have successfully installed Windows 7 on our machines. I’d characterize my first day with Windows 7 as “techno-bliss.” Things work as they should, while the user interface has been greatly enhanced. Gone are the “not responding” and “caution” pop-up boxes.

The installation of Windows 7 was not easy. It took the system about 10 minutes to tell me that the current setup was incompatible, and that I must adjust the settings of various programs before the new operating system could be installed.

Upon starting, I was pleasantly surprised to find that Microsoft has finally stopped cramming the (often useless) bells and whistles into their operating system (OA) and instead has focused on making the OA more user-friendly.

The new OA is more intuitive. For example, when you move your cursor onto the task bar, a thumbnail of the content is shown. The OA also comes with built-in backups that automatically back up your computer. Both features are great productivity boosters for law firms.

That being said, Windows 7 is not entirely glitch-free. For instance, my all-in-one printer doesn’t function properly when printing certain pre-formatted Word files. When I contacted the manufacturer of the printer, I was told that the driver for Windows 7 won’t be available until late December. Fortunately, I was able to convert those files into PDFs so they could be printed as shown on the monitor.

Hopefully Microsoft will release a patch addressing compatibility issues shortly.

Another significant shortcoming of Windows 7 is that WindowsXP users are required to manually re-install all existing programs after upgrading. The mere thought of manually re-installing the 40-odd programs on my home computer (an XP, of course) made me quit my plan to modernize the home office. (I couldn’t help but feel that perhaps XP users are being subjected to this cruel and unusual punishment for skipping Vista.)

Overall, I believe that the latest OA is the most user-friendly system produced by Microsoft yet (although at times I see the ghosts of Mac floating around). If you’re fed up with Vista, perhaps you should give Windows7 a chance before completely abandoning the PC.

PSWLaw offers Integrated Small Business Solutions for your small business’s needs.

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A Brief Note on Seeking and Obtaining Adjournment

Adjournment” means a delay in a proceeding. In civil litigation and administrative appeal proceedings, adjournment requests are common.

Lawyers in Ontario have a professional obligation to consent to reasonable requests concerning “trial dates, adjournments, the waiver of procedural formalities and similar matters that do not prejudice the rights of the client.”

Therefore, even in an acrimonious proceeding where the client has instructed the lawyer to refuse to grant the other side any extensions of deadlines, the lawyer must inform the client that he or she is unable to proceed as instructed.

If the parties can’t agree on an adjournment request, the courts and tribunals may rule on it. In the recent case of Law Society of Upper Canada v. Igbinosun,^ the Ontario Court of Appeal summarized the following non-exhaustive procedural and substantive considerations in deciding whether to grant or refuse an adjournment.

According to the Court, factors that may support the denial of an adjournment include the following:

  • a lack of compliance with prior court orders
  • previous adjournments that have been granted
  • previous peremptory hearing dates,
  • the desirability of having the matter decided
  • a finding that the applicant is seeking to manipulate the system by orchestrating delay

On the other hand, factors that may favour the granting of an adjournment include these:

  • the consequences of the hearing are serious
  • the applicant would be prejudiced if the request were not granted
  • a finding that the applicant was honestly seeking to exercise his [or her] right to cousel

In addition to the above, the following factors should also be considered:

  • the timeliness of the request
  • the applicant’s reason for being unable to proceed on the scheduled date
  • the length of the requested adjournment

*Rules of Professional Conduct, s. 6.03(1)

^ (2009) 96 O.R. (3d)149 at para. 37.

PSWLaw is your advocate in civil litigation and administrative appeal matters.

Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.

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Website Review: Glennwheeler.ca

Glennwheeler.ca, recently relaunched, is fresh, clean, and easy to navigate. Toronto-based lawyer Glenn Wheeler aims to provide comprehensive legal information on the topics of employment and labour law.

Unlike many firms in town that tend to side with either the management or the union, Mr. Wheeler provides accessible information for all. For example, the FAQ section of the site is divided into categories, including non-unionized employees, unionized employees, independent contractors, and employers – something for everyone.

For those who are interested in new developments of the law, Mr. Wheeler’s blog is a good read. In his latest post, “Employment contracts not the same as other contracts,” Mr. Wheeler explains that the courts and the legislature have high expectation of employers who are expected to treat employees fairly and sensitively. Perhaps most importantly, employers should not manufacture reasons to fire an employee to avoid the cost of notice pay.

For the even more curious, Mr. Wheeler provides external links to relevant sites under Beginner’s Resources, such as the Employment Standards Information Centre and the Ontario Labour Relations Board.

Comprehensive and to-the-point, Glennwheeler.ca is a place to inform yourself on labour and employment law before you talk to a lawyer.

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Loonie Hits Near-Parity; Tough Time for Small Businesses in Toronto

Over the Canadian Thanksgiving weekend the Canadian dollar shot up against the U.S. one to near-parity. Not surprisingly Canadian shoppers are flocking to the U.S. for better deals.

Small businesses are particularly vulnerable to market fluctuations, such as changes in the exchange rate, because they have smaller resources (e.g. cash reserve and sales margins) to cope with it. For example, a large corporation  may be able to temporarily slash their price, even at a loss, to keep their customers from dashing to the U.S. However, few small businesses are in a position to do so.

What can small business owners do in tough times like this?

As a lawyer who represents small businesses, I suggest the following:

  • Rather than focusing on gloom and doom, small business owners ought to take this opportunity to examine their business model. Perhaps there’s room for improvement in terms of productivity or cost saving.
  • If there’s enough cash reserve in the business, perhaps it’s a good opportunity to  expand while the cost is low. Expanding doesn’t necessarily mean opening new stores; it could mean recruiting young talent for future years or gaining market share from rival firms.
  • Beyond the two measures above, tough times may be an opportunity to re-negotiate expensive leases and employment contracts. For example, car makers in the U.S. have recently obtained union’s concessions to accept lower wages. If a major contract is coming up for renewal, perhaps it’s worthwhile to have it re-negotiated.

PSWLaw offers Integrated Small Business Solutions™ tailored to your small business’ needs.

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PSWLaw Featured on The Lawyers Weekly

I’m pleased to announce that my interview with journalist Michael Rappaport is being published on October 9 issue of The Lawyers Weekly under the headline”Hanging up the solo practice shingle.” The story is now available online and will become available in print shortly.

Here’s a sneak preview:

Attracting clients
Most solos are surprised by how much time and money they have to spend on advertising and marketing to attract clients. Wang estimates that a third of his budget in his first year was consumed by marketing. What makes spending on advertising especially tricky is that the results are often hit and miss.

Read the full story online:

www.lawyersweekly.ca/index.php?section=article&volume=29&number=21&article=4

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