Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J A N U A R Y 2 0 1 8 39 Smart & Biggar/Fetherstonhaugh Calgary, Ottawa, Toronto, Montreal, Vancouver smart-biggar.ca Smart & Biggar is Canada's largest IP boutique and is well-known internationally. It provides a full range of IP services including strategy, trademark and patent portfolio management, licensing and transactions and litigation. Victories for the firm's clients in 2017 include: obtaining patent damages of $645 million (Dow); abolishing the "Promise Doctrine" for patents in the Supreme Court of Canada (AstraZeneca); preventing the use of confusing "trade dress" to block competi- tors (Diageo); obtaining a precedent setting copyright decision, and damages of $12 million (Nintendo); and, enforcing copyright as an "architectural work" for a building structure (Lainco). "Depth of experience, high-quality personnel and internal training/procedures." "Depth and strategic counselling." TOP 10 INTELLECTUAL PROPERTY BOUTIQUES The changing workplace T here are a lot of changes in the labour and employment law market these days — both already happened and on the horizon — but Howard Goldblatt of Goldblatt Partners LLP, which made our new Top 5 Union-side Labour and Employment Boutiques list, says that's par for the course. "It's very viable. There are new issues arising all the time — it keeps it interest- ing." There's been an overall legislative review of workplace legislation in a num- ber of provinces. Alberta implemented Bill 17: The Fair and Family-friendly Workplaces Act in June 2017, and there's a review coming for British Columbia's workplace legislation. Ontario's Bill 148: The Fair Workplaces, Better Jobs Act, mir- roring similar changes to Alberta, received royal assent in November 2017, with the bulk of the changes in effect this month. Keith Murray, Western Canada manag- ing partner at Mathews Dinsdale & Clark LLP, says there's certainly a lot of focus on legislative change. One of the more notable — and controversial — changes in Ontar- io, Alberta and federally is "a real swing back" to card-based certification, making it easier for unions to organize. "In B.C., the issue of whether they'll go to card-based certification is very much still in play," he says, noting the NDP gov- ernment wants to follow Alberta, Ontario and federal changes but the Green party, whom the NDP doesn't have votes to do it without, aren't currently in favour. Howev- er, he does expect changes in B.C. as well. "I think it's fair to say the labour board in both Alberta and B.C. have been quiet for a number of years but I think we'll see a Labour & employment boutiques are well positioned to provide value as the law and social norms evolve By Mallory Hendry

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