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Breakfast With Appeal is Torys' quarterly series showcasing the appellate law that's shaping Canadian conversations. Visit our main Breakfast With Appeal page for more content and upcoming webinars.

The federal courts of appeal disagree on whether an employee whose mental impairment prevents him or her from interacting with others may be deemed to suffer from a "disability" under the Americans with Disabilities Act (ADA). This question has serious implications for employers.

During the 1990s, pension surplus was perhaps the most contentious issue facing many Canadian pension plan administrators.

We predict that 2010 will be remembered as a comeback year with significant M&A activity. While 2009 was a slow year in the M&A space, in 2010 the pickup in M&A activity will be considerable.

A great deal has been said and written on the subject of specialization in the practice of law. When it comes to litigation, litigators and clients raise strong and persuasive arguments both for and against the pursuit of a specialized practice.

A new type of income security recently made its debut in U.S. capital markets: the Income Deposit Security, or "IDS" as it is commonly referred to.

THE PERIL OF GIFT-GIVING, so familiar among family and friends, was recently examined in the Chapter 11 plan context by the U.S. Court of Appeals for the Second Circuit in "In re DBSD N.A. Inc".

Has the trend toward a one-stop shopping world pervaded our legal system, and specifically the patent community? We are well aware of recent globalization and the accompanying expansion of cross-border research and development, outsourcing to manufacturing facilities abroad and blossoming international trade.

The maximum fine is warranted to send the message to the auditing community that the destruction of documents will not be tolerated. So said U.S. District Judge Melinda Harmon when she imposed the stiffest sentence under federal law on the convicted and near defunct Arthur Andersen LLP for obstructing a federal inquiry into the collapse of Enron. Andersen in-house counsel Nancy Temple remains at the eye of the storm, waiting to see if she will be charged by prosecutors for what she may have d

Environmental diligence has long been viewed as a necessary component (some would say a necessary evil) of any power asset acquisition. Deal lawyers and businesspeople have been known to sink into despair as the environmental diligence process becomes a creature with its own nasty life, rather than a business- oriented exercise focused on getting the deal done.

The limited partnership agreement (LPA) for a private equity fund represents a road map for the fund. It embodies the fundamental interests and expectations of the parties. One of its objectives is to ensure that the incentives of all parties are well-aligned.

Breakfast With Appeal is Torys' quarterly series showcasing the appellate law that's shaping Canadian conversations.

It can fairly be said that a successful research and development (R&D) program cannot have reward without risk.

Periodically, a litigator or a corporate counsel will complain about a bad experience in arbitration, and go on to say that as a result he or she will no longer agree to arbitration.

Breakfast With Appeal is Torys' quarterly series showcasing the appellate law that's shaping Canadian conversations.

Many courts, including the United States Supreme Court, have recommended summary judgment as the appropriate mechanism for disposing of meritless employment discrimination claims.