Seminar Materials
McCarthy Tétrault Advance™: 7th Annual Technology Law Innovation Summit: Acceleration - The Rate of Tech Disruption Shifts Gear
Thursday, April 12, 2018
Table of Contents
McCarthy Tétrault Advance™: 7th Annual Technology Law Innovation Summit: Acceleration - The Rate of Tech Disruption Shifts Gear
Thursday, April 12, 2018
Agenda (English) Page 3 Agenda (French) Page 5 Speaker Biographies (by order of Agenda) Page 7 Technology Law Information Sheet Page 90 ISG – Clay Calhoun Page 94 *PowerPoint Presentation The De-Indexing Decision Expands its Reach: Right to be Forgotten Page 103 and FairPlay *PowerPoint Presentation Waterfront Toronto – Kristina Verner Page 114 *PowerPoint Presentation Anatomy of a Tech M&A Deal Page 141 *PowerPoint Presentation
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Agenda
McCarthy Tétrault Advance™: 7th Annual Technology Law Innovation Summit: Acceleration - The Rate of Tech Disruption Shifts Gear
Thursday, April 12, 2018
TIME (EST) TOPIC PRESENTER(S)
8:00 – 8:55 Registration and Breakfast
8:55 – 9:00 Opening Remarks Charles Morgan
9:00 – 9:45 Bringing Artificial Intelligence to IT Outsourcing David Crane Charles Morgan Clay Calhoun – ISG
9:45 – 10:05 5G: Building a New Network Backbone Keith Rose
10:05 – 10:45 Autonomous Vehicles and the Sharing Economy Nicolas Cloutier Matthew Kelleher Adam Blinick – Uber
10:45 – 11:00 Mid-Morning Break
11:00 – 11:40 Practical Applications of Blockchain in the Capital Matt Flynn Markets Dean Masse Chris Horlacher – Equibit Alan Wunsche – Tokenfunder
11:40 – 12:20 The De-Indexing Decision Expands its Reach: Right Dan Glover to be Forgotten and Fair Play Barry Sookman Erin Finlay – Canadian Media Producers Association
12:20 – 1:30 Lunch Service
12:50 – 1:30 Luncheon Speaker: Smart Cities Kristina Verner – Waterfront Toronto
TIME (EST) TOPIC PRESENTER(S)
1:30 – 2:30 Anatomy of a Tech M&A Deal Catherine Samuel Jason Kim – National Bank Nicole Springer – Pure Technologies Ltd.
2:30 Closing Remarks George Takach
For news and insights on technology, intellectual property and privacy laws follow us on Twitter at @MT_TechLaw and to follow today’s conversation use #MTTLS18.
Download Conference Materials To download the 7th Annual Technology Law Innovation Summit materials, visit the link below or scan with your mobile phone or tablet*:
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Programme
Le programme ProgresserMC de McCarthy Tétrault : 7e Sommet annuel sur l’innovation en droit de la technologie : Le rythme des changements technologiques perturbateurs s’accélère
Jeudi 12 avril 2018
HEURE (HE) SUJET PRÉSENTATEUR(S)
8 h – 8 h 55 Inscription et déjeuner
8 h 55 – 9 h Mot de bienvenue Charles Morgan
9 h – 9 h 45 Intelligence artificielle et impartition des TI David Crane Charles Morgan Clay Calhoun – ISG
9 h 45 – 10 h 5 5G : Construire un nouveau réseau de base Keith Rose
10 h 5 – 10 h 45 Les véhicules autonomes et l’économie du partage Nicolas Cloutier Matt Kelleher Adam Blinick – Uber
10 h 45 – 11 h Pause du matin
11 h – 11 h 40 Applications pratiques de la chaîne de blocs dans Matt Flynn les marchés des capitaux Dean Masse Chris Horlacher – Equibit Alan Wunsche – Tokenfunder
11 h 40 – 12 h 20 Élargissement de la portée de la décision sur la Dan Glover désindexation : droit à l’oubli et franc-jeu Barry Sookman Erin Finlay – Association canadienne des producteurs médiatiques (CMPA)
HEURE (HE) SUJET PRÉSENTATEUR(S)
12 h 20 – 13 h 30 Service de dîner
12 h 50 – 13 h 30 Dîner-présentation : Villes intelligentes Kristina Verner – Waterfront Toronto
13 h 30 – 14 h 30 Anatomie d’une opération de fusion et acquisition Catherine Samuel d’entreprises de technologie Jason Kim – Banque Nationale Nicole Springer – Pure Technologies Ltd.
14 h 30 Mot de la fin George Takach
Pour connaître l’actualité et les opinions sur les lois régissant la technologie, la propriété intellectuelle et la protection de la vie privée, suivez-nous sur Twitter à @MT_TechLaw. Pour suivre la conversation d’aujourd’hui, utilisez le mot-clic #MTTLS18.
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Speaker Biographies
McCarthy Tétrault Advance™: 7th Annual Technology Law Innovation Summit: Acceleration - The Rate of Tech Disruption Shifts Gear
Thursday, April 12, 2018
Charles Morgan Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Montréal McGill University, LLB/BCL, 1997 DIRECT LINE BAR ADMISSIONS 514-397-4230 Québec, 1998 E-MAIL [email protected]
Biography
Charles Morgan is the national leader of McCarthy Tétrault’s Information Technology Law Group and co-leader of the Firm’s national Cybersecurity, Privacy and Data Protection Group. He is also a member of the Financial Technology group (FinTech). McCarthy’s Technology Law Group is ranked in the top tier (“Band 1”) for Canada by Chambers Global: The World’s Leading Lawyers for Business as well as by The Canadian Legal Lexpert Directory. Mr. Morgan’s practice focuses primarily on complex commercial transactions in the context of tech M&A, outsourcing, cloud, financial technologies, licensing, e-commerce, data protection and telecommunications. Moreover, he has extensive international experience, particularly in the telecommunications sector. Mr. Morgan has ranked as a leading Canadian technology lawyer in the current edition of Chambers Canada, and since 2010 in all editions of Chambers Global. He is listed in the last edition of the Canadian Legal Lexpert Directory as a leading lawyer “repeatedly recommended” in the areas of computer & IT law, telecommunications and technology transactions. He is also listed in the current edition of Who’s Who Legal Canada in telecommunication, media and technology. Mr. Morgan was named Montréal’s Technology “Lawyer of the Year” in the current edition of Best Lawyers in Canada.
Recent mandates include:
¬ assisting a leading Canadian financial institution negotiate a joint venture related to a digital wallet and mobile payment solution;
¬ assisting over 30 companies with their CASL (anti-spam law) compliance efforts;
¬ assisting a leading digital and print media company negotiate an IT outsourcing agreement;
¬ assisting an aeronautics company negotiate a global IT outsourcing agreement;
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Charles Morgan Lawyer Profile
¬ assisting with the negotiation of transition service agreements in relation to Desjardin’s acquisition of the State Farm Canada insurance business;
¬ assisting a financial institution with the negotiation of a fibre network build and telecommunications services outsourcing agreement;
¬ assisting a multinational handset device manufacturer with consumer protection and privacy law issues related to a major new product and service launch;
¬ assisting a multinational entertainment company with the implementation of a major social media marketing initiative;
¬ assisting a leading North American retailer with managing a major data privacy breach incident.
In his international telecom practice, Mr. Morgan has assisted numerous governments and telecommunications regulatory authorities, whether for law reform, regulatory strategy, (fixed and mobile) licensing, interconnection or universal service projects in a variety of countries, including Algeria, Burkina Faso, Kenya, Mali, Morocco, Mozambique, Pakistan and Saudi Arabia.
Mr. Morgan has co-authored the following books: Cyberlaw: What You Need to Know about Doing Business Online (Stoddart, 1997); Cyberlaw: A Guide for South Africans Doing Business Online (Ampersand, 1999); Communications Law in Canada (Butterworths, 2000); Information Technology Law — E-mail (LexisNexis Canada, 2008) and Halsbury’s Laws of Canada — Communications (LexisNexis Canada, 2014). He is a contributor to the book The Law of Privacy in Canada (Carswell, 2000).
Mr. Morgan frequently speaks at conferences on matters related to his practice areas, including outsourcing, cybersecurity, data protection, telecommunications and copyright law. He is a member of the executive committee of the International Technology Law Association (ITechLaw).
Mr. Morgan obtained his BA from Trinity College, University of Toronto in 1991; his MA in philosophy from Université de Paris IV-Sorbonne in 1992; and his LLB and BCL from McGill University in 1997. He was called to the Québec bar in 1998.
Charles Morgan Profil
TITRE BUREAU FACULTÉ DE DROIT Associé Montréal Université McGill, LL. B., B.C.L., 1997 LIGNE DIRECTE ADMISSION AU BARREAU 514-397-4230 Québec, 1998 COURRIEL [email protected]
Biographie
Charles Morgan est le leader national du groupe du droit de la technologie chez McCarthy Tétrault et il est le coleader du groupe national cybersécurité, confidentialité et protection des données du cabinet il est également membre du groupe technologie financière (FinTech). Au Canada, le groupe du droit de la technologie de McCarthy Tétrault se classe dans le groupe de tête (« Band 1 ») du guide Chambers Global: The World’s Leading Lawyers for Business et du répertoire juridique The Canadian Legal Lexpert Directory. Me Morgan se spécialise dans les opérations commerciales complexes en matière de technologie, plus particulièrement il possède une expertise dans les domaines des fusions et acquisitions, de l’impartition, de l’infonuagique, des technologies financières, de la concession de licence, du commerce électronique, de la protection des données et des télécommunications. De même, il accumule une vaste expérience à l’échelle internationale, notamment dans le secteur des télécommunications. Me Morgan figure à titre d’avocat de premier plan au Canada dans le domaine des technologies de l’information dans la récente édition du guide Chambers Canada et dans toutes les éditions du guide Chambers Global depuis 2010. De plus, il figure dans la dernière édition du répertoire juridique Canadian Legal Lexpert Directory, un guide des principaux cabinets d'avocats et avocats de premier plan au Canada, à titre d'avocat chef de file « régulièrement recommandé » dans les domaines du droit de l’informatique et des TI, des opérations en matière de technologie et des télécommunications. Il est aussi nommé dans la dernière édition de Who’s Who Legal Canada dans le domaine des télécommunications, médias et technologies. Il a été nommé avocat de l’année dans le domaine du droit de la technologie pour la région de Montréal dans la dernière édition du guide Best Lawyers in Canada.
Voici quelques-uns des plus récents mandats dont Me Morgan s’est acquitté :
¬ Conseiller juridique d’une importante institution financière canadienne dans le cadre de la négociation d’une coentreprise relativement à une solution de porte-monnaie électronique et de paiement mobile;
¬ Conseiller juridique de plus de 30 entreprises dans le cadre de l’élaboration de leurs initiatives en matière de conformité à la LCAP (loi canadienne anti-pourriel);
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Charles Morgan Profil
¬ Conseiller juridique d’une entreprise de premier plan des médias numériques et imprimés dans le cadre de la négociation d’une convention d’impartition des technologies de l’information;
¬ Conseiller juridique d’une entreprise du secteur de l’aéronautique dans le cadre de la négociation d’une convention d’impartition globale des technologies de l’information;
¬ Conseiller juridique du Mouvement Desjardins relativement à la négociation de la transition des conventions de services dans le cadre de l’acquisition des activités d’assurance de State Farm Canada;
¬ Conseiller juridique d’une institution financière dans le cadre de la négociation d’une convention d’impartition visant la construction et la prestation de services pour un réseau de télécommunications en fibre optique;
¬ Conseiller juridique d’une multinationale de fabrication de combinés à l’égard de questions relevant du droit de la protection du consommateur et du droit des renseignements personnels pour le grand lancement d’un nouveau produit et service;
¬ Conseiller juridique d’une multinationale du divertissement dans le cadre de la mise en œuvre d’une importante initiative de marketing de médias sociaux;
¬ Conseiller juridique d’un détaillant nord-américain de premier plan dans le cadre de la gestion d’un incident majeur concernant la violation de la confidentialité des données.
Me Morgan pratique le droit des télécommunications à l’échelle internationale. Il a conseillé de nombreux gouvernements et organismes de réglementation des télécommunications dans le cadre de projets de réforme du droit, de stratégie réglementaire, de concession de licence (services de téléphonie fixe et mobile), d’interconnexion et de services universels ayant eu lieu dans divers pays, dont l’Algérie, le Burkina Faso, le Kenya, le Mali, le Maroc, le Mozambique, le Pakistan et l’Arabie Saoudite.
Me Morgan a corédigé les ouvrages suivants : Cyberlaw: What You Need to Know about Doing Business Online (Stoddard, 1997); Cyberlaw: A Guide for South Africans Doing Business Online (Ampersand Press, 1999); Communications Law in Canada (Butterworths, 2000); Information Technology Law – E-mail (LexisNexis Canada, 2008); et Halsbury’s Laws of Canada – Communications (LexisNexis Canada, 2014). Il a collaboré à la rédaction de l’ouvrage qui s’intitule The Law of Privacy in Canada (Carswell, 2000).
Me Morgan donne régulièrement des conférences sur des sujets qui se rapportent à son champ de pratique. Les sujets qu’il aborde portent notamment sur l’impartition, la cybersécurité, la protection des données, les télécommunications et le droit d’auteur. Il est membre du comité de direction de l’International Technology Law Association (ITechLaw).
Me Morgan a obtenu un baccalauréat ès art (B.A.) du Trinity College de l’Université de Toronto en 1991, une maîtrise en philosophie de l’Université Paris-Sorbonne (Paris IV) en 1992 ainsi qu’un baccalauréat en droit civil
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Charles Morgan Profil et en common law (B.C.L./LL. B.) de l’Université McGill en 1997. Il a été admis au Barreau du Québec en 1998.
George S. Takach Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Toronto University of Toronto, JD DIRECT LINE BAR ADMISSIONS 416-601-7662 Ontario E-MAIL [email protected]
Biography George S. Takach is a senior partner in the firm’s Toronto office. George brings significant value to clients in their tech company M&A/financing deals, their sophisticated tech licensing, IT procurement and other tech commercial transactions, and their more challenging e-commerce activities, including projects involving privacy law, cloud computing, big data and social media.
McCarthy Tétrault is Canada’s pre-eminent firm for technology law. Since its inception in 1997, the Canadian Legal Lexpert Directory has found McCarthy Tétrault to have the strongest computer and information technology law practice in Canada. In the 2017 edition of Chambers Global, McCarthy Tétrault is listed in Band 1 for Information Technology.
George’s deep experience in tech M&A/financing allows his clients to get deals done more quickly and cost effectively. Past deals where he has brought his value-added skill set to clients include: IPO and multiple acquisition transactions for Constellation Software Inc.; multiple acquisition transactions for Aastra Technologies Inc., including purchase of Telepo, and purchases from Ericsson, Nortel, EADS, DeTeWe and Ascom; merger transaction between Aastra and Mitel; multiple sale transactions acting for private Canadian technology companies being sold to multi- national public tech companies, including: Kroll Computer Systems Inc. to Telus Corporation; Non- Linear Creations Inc. to Valtech S.E.; Dataimage to Metasource, PriceMetrix to McKinsey & Company; Intelliresponse Systems, Inc. to 24-7 Customer, Inc.; CPAS Systems to Xerox; Kobo Inc. to Rakuten Inc.; Kanetix Ltd. to Monitor Clipper Partners; Opalis Software to Microsoft; Cybermation Inc. to CA Inc.; Chantry Networks to Siemens; InSystems to Standard Register; and Jewelstone Systems to AGF; multiple acquisition transactions acting for Canadian, American and European acquirers of Canadian or other technology companies, including: Techwyse acquiring Spark Internet Marketing Corporation;
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George S. Takach Lawyer Profile
Solidifi acquiring Linear Title & Closing Limited; Euronet Worldwide Inc. acquiring XE.com Corporation; Hitachi acquiring Ideaca; acquisition by Kobo of Aquafades; Rockwell Automation acquiring Rutter Hinz; Exact Software acquiring Longview Solutions; venture and related-type financings of earlier stage Canadian tech companies, including League, Inc. (OMERS Ventures; Real Ventures); Kobo Inc., Fresco Microchip (Celtic House, Ventures West); CPAS Systems (Tier Technologies); Cube Route (CIBC); a range of other M&A/financing transactions involving technology companies and tech-related assets, including the sale by Scotiabank of its fixed income indices business to TSX Group.
In the area of sophisticated tech licensing, IT procurement and other tech commercial deals, George’s creativity and broad experience allows clients to resolve difficult issues more quickly and to get the relationship off on the right foot. In the tech commercial area, George has a national practice with the following illustrative clients whom he has assisted with a broad range of agreements: a Montréal-based bank; a Calgary-based energy company; a Canadian-based, global life sciences company; a Toronto-based retailer; three Toronto-based banks; a Montréal-based communications company; a Toronto-based public sector agency; and a public sector consortium with members in BC, Alberta, Ontario and Quebec. George helps clients craft sensible and workable solutions to complex e-commerce-related legal and compliance challenges, including in the privacy law space. He brings a steady and experienced hand to bear on the invariably unprecedented legal issues generated by novel e-commerce business processes. In the e- commerce/Internet law area, his extensive practice includes: advising companies on how to create legally compliant online customer experiences, including enforceable “click consent agreements,” workable electronic voting processes, etc.; advising governments on law reform initiatives aimed at facilitating e-commerce; helping organizations comply with privacy and data protection laws, and advising clients experiencing a data breach; and crafting and negotiating co-branding, Web-linking and other e-commerce-related agreements. George regularly writes articles on the subject of computer and tech law in Lexpert Magazine’s Canadian edition. Below is a list of his most recently published articles in the magazine: “Legal Considerations for Data Breach Preparedness, Part 1.” Lexpert Magazine, November/December 2016 “Legal Considerations for Data Breach Preparedness, Part 2.” Lexpert Magazine, January 2016. “Legal Considerations for Data Breach Preparedness, Part 3.” Lexpert Magazine, February 2016. “The TPP and Tech, Part 1.” Lexpert Magazine, March 2016. “The TPP and Tech, Part 2.” Lexpert Magazine, April 2016. “The TPP and Intellectual Property, Part 3.” Lexpert Magazine, May 2016 “Technology and the Future of Lawyers, Part 1.” Lexpert Magazine, June 2016
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George S. Takach Lawyer Profile
“Technology and the Future of Lawyers, Part 2.” Lexpert Magazine, July/August 2016 “Digital Currencies and P2P Blockchain Ledgers, Part 1.” Lexpert Magazine, September 2016 “The Legalities of Digital Currencies and Blockchain, Part 2.” Lexpert Magazine, October 2016 “Ransomware, Cybercrime’s Latest Tactic.” Lexpert Magazine, November/December 2016 “Happy Innovation Birthday Canada.” Lexpert Magazine, January/February 2017 “Board/Public Agency Oversight of the New Technologies.” Lexpert Magazine, March 2017 “E-Kiosk Contracts.” Lexpert Magazine, April/May 2017 “The Perils of Software Licensing.” Lexpert Magazine, June 2017 “CASL 2.0 – From Bad to Perhaps Worse.” Lexpert Magazine, July/August 2017 “Big Data and the Law.” Lexpert Magazine, September 2017 “Tech Tuck-Ins, Part 1.” Lexpert Magazine, October 2017 “Tech Tuck-Ins, Part 2.” Lexpert Magazine, November/December 2017 “Happy Tech New Year.” Lexpert Magazine, January/February 2018 “GDPR: The Next Chapter in Data Protection.” Lexpert Magazine, March 2018
George is the author of three books: Computer Law, second edition; The Software Business, second edition; and Contracting for Computers, fourth edition. For 20 years he was an Adjunct Professor at Osgoode Hall Law School, York University, where he taught an evening course in Computer Law. George is in demand as a speaker to legal and technology industry audiences and a regular writer on legal technology topics.
George is listed in the 2017 edition of Chambers Global: The World’s Leading Lawyers for Business and in the 2018 edition of Chambers Canada: Canada's Leading Lawyers for Business in the area of information technology for Canada. Since its inception (and most recently in 2016), George has appeared in the Lexpert/The American Lawyer Guide to the Leading 500 Lawyers in Canada, as a leading lawyer in the areas of technology and corporate mid-market. George is recognized in The Best Lawyers in Canada as a leading lawyer in information technology law and technology law. Best Lawyers also named George the 2017 Information Technology Law “Lawyer of the Year” in Toronto. He is also listed as a leading lawyer in the area of telecommunications, media and technology in the current editions of Who's Who Legal: Canada and The Legal 500 – Canada. Since its inception in 1997, he has been listed in the current Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as a leading lawyer in the areas of technology, corporate mid-market, private equity and computer & IT law.
George received his BA and his JD (Dean’s Honour List) from the University of Toronto. He also has his MA in international relations from the Norman Paterson School of International Affairs, Carleton University in Ottawa. He was called to the Ontario bar in 1985. George has been on the Board of, and continues to raise money for, Lake Scugog Camp, an organization serving underprivileged and “at risk” children/youth and their families (a camp that George attended when he was a child).
David Crane Lawyer Profile
TITLE OFFICE LAW SCHOOL Partner Vancouver University of British Columbia, LLB, 2001 DIRECT LINE BAR ADMISSIONS 604-643-5891 British Columbia, 2002 E-MAIL [email protected]
Biography David Crane is a partner in the Vancouver office practicing in the Business Law Group and Technology & Licensing Industry Group. His practice focuses primarily on technology or technology company-related mergers and acquisitions, financings, business formation, strategic alliances and complex commercial transactions, including outsourcings, telecom services agreements, and IT procurement, implementation and licensing. He also advises clients in a broad range of sectors on strategies and issues relating to technology commercialization, intellectual property, e-commerce, data privacy, anti-spam, and social media.
David’s recent experience includes: ¬ acting for multiple Canadian banks with respect to a multi-billion dollar financial processing services outsourcing; ¬ acting for multiple public sector entities with respect to the replacement of shared IT systems and the outsourcing of application management services; ¬ acting for multiple public sector entities with respect to a $1 billion telecommunications services agreement; ¬ acting for a Canadian bank with respect to $1.25 billion telecommunications services agreement; ¬ acting for various customers with respect to the negotiation of numerous complex IT-related services agreements, including for cloud, systems integration and application management services; ¬ acting for various companies and investors with respect to private equity financings; and ¬ acting on the purchase and sale of numerous private businesses. Earlier in his career, David practiced as in-house counsel for a TSX-listed international technology product development company.
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David Crane Lawyer Profile
David is a frequent speaker at industry and legal conferences, and authors publications on numerous topics, including letters of intent, shareholder agreements, commercial drafting, outsourcing, cloud computing, anti-spam law, cybersecurity and start-up issues.
David received a B.Comm. (Honours with Distinction) from the University of Manitoba in 1997 and his LLB from the University of British Columbia in 2001. He was called to the British Columbia bar in 2002.
ISG BIO
ISG ROLE Clay Calhoun, ISG Partner and ISG Sourcing Solutions Leader, is a senior member of ISG’s Americas Leadership Team. The ISG Sourcing Solutions service line encompasses the development and implementation of market leading facilitated procurement methodologies and implementation programs. The service line facilitates the efficient and effective market- level interaction between ISG clients and service provider pursuit, solution, transaction, transition, transformation, and delivery teams.
ISG EXPERIENCE Clay Calhoun Clay joined ISG in 2005 and brings more than 30 years of experience in IT consulting, strategy, service delivery, operations, and advisory services. Partner ISG Sourcing Solutions Leader Clay’s experience includes leading, managing, and supporting Global 2000 client engagements which seek solutions that ISG FutureSourceTM Leader maximize the benefits from internally optimized and sourced service delivery operations. With ISG, Clay has advised and Phone: +1 512 810 3817 led more than 50 engagements valued at more than $27B of total contract value. Email: [email protected] Clay’s career at ISG is characterized by large scale and complex engagements where operational optimization and transformation are at the core of the objectives. He is one of the leading Partners in the firm for clients needing state-of- the-art solutions and state-of-market approaches and methods to leverage leading business optimization methods, EDUCATION sourcing relationships, and implementation models. AND CREDENTIALS CAREER HISTORY Clay holds both Masters and Bachelor of Science degrees in Economics and Prior to joining ISG, Clay held a number of leadership and senior management positions at Qwest Communications, Agricultural Economics from SolutionsCxO, ICL, Premier Systems Integrators, SSDS (U.S. Defense Contractor), Lockheed and NASA. New Mexico State University.
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Keith Rose Lawyer Profile
TITLE OFFICE LAW SCHOOL
Associate Toronto University of Ottawa, JD, 2012 DIRECT LINE BAR ADMISSIONS 416-601-7913 Ontario, 2013 E-MAIL [email protected]
Biography Keith Rose draws on a practical background in the IT and telecommunications businesses, with more than a decade of prior experience as a software developer and project manager, as well as a deep interest in the interfaces between law and technology in the real world, to identify and resolve legal problems. Keith advises clients on a range of technology and communications law issues including privacy and anti-spam compliance, intellectual property, e-commerce, and regulatory issues and acts for clients on a variety of transactions including licensing, procurement, and outsourcing.
RECENT TRANSACTIONS AND ADVICE
Keith has recently acted for or advised:
¬ A financial services client in competitive procurement of long term strategic outsourcing services;
¬ A public sector client in procurements of a big data analytics platform and an enterprise web solution;
¬ A transportation sector client in establishing service agreements for design and operation of passenger WiFi services;
¬ Public sector clients on commercial and data protection issues arising from outsourcing and similar service arrangements, including developing strategies to meet business goals while complying with both public and private sector privacy legislation;
¬ A leading satellite service provider in regulatory policy consultations about licensing of non-geostationary satellite constellations and allocation of spectrum for 5G wireless services;
¬ Multiple automotive sector clients on IP and regulatory issues, including in-car communications systems and vehicle telematics;
¬ Utility sector organizations on regulatory issues relating to private virtual networks and access to public safety broadband spectrum;
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Keith Rose Lawyer Profile
¬ A Canadian university, in proceedings before the CRTC reviewing the reseller registration obligation;
¬ The Canadian branch of a multinational consumer products conglomerate on commercial, privacy and anti- spam compliance issues arising from outsourcing of consumer engagement services and novel social media marketing programs;
¬ A university in drafting and negotiating collaboration agreements for the administration of a government research grant;
¬ A retail chain in developing an anti-spam compliance policy;
¬ A Fintech service provider in connection with various service and data license agreements;
¬ An online accounting services provider in a number of commercial agreements including a reseller agreement for value-added resellers, a data sharing and referral agreement with a business partner, and a domain name service agreement with a service provider;
¬ A global IT service provider in its RFP responses and contract negotiations in connection with competitive procurements of IT outsourcing services;
¬ A major Canadian financial institution in negotiating a colocation agreement for IT infrastructure;
¬ A major Canadian financial institution, in resolving a licensing dispute with a software vendor;
¬ A variety of clients, including a Canadian engineering services firm and major Canadian financial institutions, in cloud service procurement transactions;
¬ A wide variety of clients, including small businesses, large retail chains, device manufacturers and distributors, and online service providers, in relation to various privacy, e-commerce, and anti-spam compliance matters;
¬ Various user organizations, including a transportation company and an industry association, in relation to the interpretation and application of Canadian copyright tariffs;
¬ Right-holder organizations, in relation to the interpretation and implementation of international IP treaties;
¬ Various content and service providers on telecommunication and broadcasting regulatory matters; and
¬ Various device manufacturers in obtaining Canadian regulatory approval for wireless devices. Keith received his B.Sc. (with Hons.) from the McGill University in 1993 and his M.Sc. from Queen’s University in 1997, both in Physics. Prior to entering law school, he worked in the field of software and systems development, specializing in ground control systems for communications satellites. He received his JD, with an option in Law and Technology, from the University of Ottawa Law School in 2012. While at law school, Keith was awarded the University Silver Medal as well as numerous individual course prizes including the McCarthy Tétrault LLP Technology Law Award and the Beament Green prize in Advocacy.
Keith was called to the Ontario Bar in 2013. He is a member of the Law Society of Upper Canada, the International Association of Privacy Professionals, CAN-TECH, the Toronto Computer Lawyers Group, the Canadian Bar Association, and the Ontario Bar Association.
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Keith Rose Lawyer Profile
RECENT PAPERS AND PUBLICATIONS
¬ “Artificial Intelligence, Machine Learning and Legal Tech”, 6th Annual Technology Law Innovation Summit
¬ “Canadian Trade-Mark Law Adapts to Online Software Licence Sales”, (2015-16), 17.2 Internet and E- Commerce Law in Canada 9, with Julia L. Johnson, David Tait, Partner, and Daniel G.C. Glover
¬ User’s Guide to Canadian Copyright Tariffs, 2d ed (Toronto: McCarthy Tétrault LLP, 2016), co-authored with Peter S. Grant, Grant Buchanan, and Daniel G.C. Glover
¬ “Online Trust Alliance Issues Revised Draft ‘Trust Framework’ for the Internet of Things”, (January 2016), 13.2 Canadian Privacy Law Review 14
¬ User’s Guide to Canadian Copyright Tariffs, 1st ed (Toronto: McCarthy Tétrault LLP, 2015), co-authored with Peter S. Grant, Grant Buchanan, and Daniel G.C. Glover
¬ “Copyright and Industrial Design Developments – 2013”, co-written with Glen Bloom, Barry Sookman, John Cotter, Barry Fong, Martin Brandsma and Vanessa Cotric, presented at Law Society of Upper Canada: 18th Annual Intellectual Property Law: The Year in Review, January 16, 2014
¬ “Protection from the Protectors: Does the Competition Act Provide an Answer to the Misuse of Technological Protection Measures?” (2013) 11:1 Canadian Journal of Law and Technology 117
Nicolas X. Cloutier Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Montréal McGill University, BCL, 1996 DIRECT LINE McGill University, LLB, 514-397-4102 1996
BAR ADMISSIONS E-MAIL Québec, 1999 [email protected]
Biography Mr. Cloutier is a partner in the Montréal Tax Group. His practice focuses on dispute resolution and litigation in Federal, Provincial and real-estate tax matters, as well as in GST/HST/QST. Mr. Cloutier challenges information requests, searches and seizures, reassessments and collection measures. His practice also includes related administrative law issues. Mr. Cloutier oversees a significant practice in local and international voluntary disclosures, as well.
Mr. Cloutier has appeared before all levels of Court in Canada in tax matters, pleading both in English and French. He has argued a number of high-profile evaluation and expropriation cases before the Québec Administrative Tribunal.
For the last few years, Mr. Cloutier has been at the forefront of the tax and regulatory issues raised by the sharing economy and electronic commerce and has implemented innovative tax compliance solutions with tax authorities for the world’s leading sharing economy platforms.
With his team, Mr. Cloutier goes beyond advocacy to find practical and creative solutions to manage the financial and reputational risks of tax disputes.
Mr. Cloutier has been recognized by the Canadian Legal Lexpert Directory, Best Lawyers in Canada, both the International Tax Review's Tax Controversy Leaders and Indirect Tax Leaders guides, Taxnet Pro’s Tax Experts Directory, and the APFF Experts Directory. Mr. Cloutier is a frequent speaker, including for the Canadian Tax Foundation and the Tax and Financial Planning Association (APFF).
Mr. Cloutier received his BCL and LLB from McGill University in 1996. He was called to the Québec Bar in 1999.
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Nicolas X. Cloutier Profil
TITRE BUREAU FACULTÉ DE DROIT Associé Montréal Université McGill, B.C.L., LL. B., 1996 LIGNE DIRECTE ADMISSION AU BARREAU 514-397-4102 Québec, 1999 COURRIEL [email protected]
Biographie Me Cloutier est associé du groupe de droit fiscal à Montréal. Sa pratique est axée sur le règlement de différends et le litige, en fiscalité fédérale, provinciale et municipale, y compris en taxes à la consommation. Me Cloutier conteste des demandes d’information, des perquisitions, des cotisations et des mesures de recouvrement. Il pratique également dans certains domaines connexes du droit administratif. Me Cloutier supervise aussi une pratique importante en divulgations volontaires locales et internationales.
Me Cloutier a plaidé, en français et en anglais, devant les tribunaux de tous les échelons du système judiciaire canadien. Il a également participé à de nombreux dossiers d’envergure devant le Tribunal administratif du Québec, en évaluation foncière et en expropriation.
Depuis quelques années, Me Cloutier est à l’avant-plan des questions de règlementation et de conformité fiscale de l’économie du partage et du commerce électronique et de la mise en place de solutions uniques en collaboration avec les autorités fiscales.
De plus, avec son équipe et de concert avec ses clients, Me Cloutier cherche – au-delà de la plaidoirie – à mettre en place des solutions tangibles et créatives afin de réduire les risques financiers et réputationnels des différends fiscaux.
Me Cloutier a été reconnu par les répertoires Canadian Legal Lexpert, The Best Lawyers in Canada, International Tax Review's Tax Controversy Leader et Taxnet Pro’s Tax Experts Directory. Me Cloutier donne plusieurs conférences par année, y compris pour l’Association de planification fiscale et financière (APFF) et pour la Fondation canadienne de fiscalité (CTF).
Me Cloutier a obtenu un B.C.L. et un LL. B. de l’Université McGill en 1996. Il a été admis au Barreau du Québec en 1999.
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Matthew Kelleher Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Toronto University of Western Ontario, LLB, 2000 DIRECT LINE BAR ADMISSIONS 416-601-8274 Ontario, 2002 E-MAIL [email protected]
Biography Matthew Kelleher is a partner in our Business Law Group in Toronto. Mr. Kelleher’s practice focuses on private mergers and acquisitions and complex commercial transactions. Mr. Kelleher represents a wide range of industry-leading clients, including banks, private equity firms, pension funds, major corporations and mid-sized businesses.
Mr. Kelleher is committed to leading the successful execution of complex and important transactions with a focus on teamwork, efficiency and excellence. He co-manages the firm’s multi-disciplinary approach to clients pursuing disruptive or transformative change within an industry or organization. He is often involved in high- profile matters that involve political or public relations sensitivities or diverse stakeholder interests.
Mr. Kelleher also co-leads the firm’s Mid-Market M&A Initiative, focused on delivering innovative and cost- effective service to clients undertaking mergers, acquisitions and divestitures in the mid-market (approximately $10 million to $150 million), and is the Ontario lead of the firm’s Agribusiness Industry Group.
Mr. Kelleher is a member of the Board of Directors of the Toronto Host Organization for the 2017 Invictus Games, an international sporting event for wounded, injured and sick military personnel and veterans, a charitable initiative founded by the UK Royal Family and spearheaded by Prince Harry.
A member of the firm’s National Pro Bono Committee, Mr. Kelleher also contributes significant time to pro bono matters. He is also actively involved with the recruitment, mentoring and advancement of law students and associates.
Mr. Kelleher is listed in the current edition of the Canadian Legal Lexpert Directory, a guide to the leading lawyers and practitioners in Canada, as a leading lawyer in the area of corporate mid-market. He is also listed in the current edition of Chambers Canada as a leading lawyer in gaming and licensing.
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Matthew Kelleher Lawyer Profile
RECENT TRANSACTIONS
¬ Advising Kraft Foods Group on its $60 billion merger with H.J. Heinz to form The Kraft Heinz Company
¬ Advising CIBC on its founding sponsorship arrangement with Metrolinx as the Official Bank of the Union-Pearson rail link
¬ Advising CIBC on the renewal of its affinity program with Aeroplan and the partial credit card portfolio sale to TD Bank
¬ Advising Kraft Foods on the global separation of its grocery and snacks businesses
¬ Advising OMERS Private Equity and Berkshire Partners on the $2.1 billion acquisition of Husky Injection Molding Systems
¬ Advising CIBC on the $2.0 billion acquisition of Citibank's Canadian MasterCard business
¬ Advising Mondelēz International on the sale of its four milling business
¬ Advising Kraft Foods on the integration of the Cadbury business
¬ Advising Berkshire Partners on several acquisition transactions
¬ Advising Bank of Nova Scotia on the acquisition of a major commercial leasing business
¬ Advising the Lafarge Group in connection with several strategic acquisitions and divestitures
¬ Advising Ontario Lottery and Gaming Corporation on the modernization of its casino gaming businesses
¬ Advising Oxford Properties on the acquisition of the Metro Toronto Convention Centre complex
¬ Advising Siemens Canada on various acquisitions, divestitures and reorganizations
¬ Advising founder shareholders in connection with the sale of a robotics automation business
¬ Advising six Canadian universities in connection with bond financing transactions
¬ Advising SickKids Hospital Foundation in connection with a financing transaction in support of a world - class research centre
RECENT PUBLICATIONS
¬ Canadian M&A Activity – Recent Insights and Trends (co-author, Canadian M&A Perspectives, August 2015)
¬ An Introductions to Canadian Securities Regulation (co-author, CCH Ultimate Corporate Counsel Guide)
¬ Eight Things To Do Before Selling Your Business (Canadian M&A Perspectives, September 2011)
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Matthew Kelleher Lawyer Profile
¬ A Challenging Economy Increases Scrutiny of Continuous Disclosure (co-author, Lexology, February 27, 2009)
¬ Not For Profit Law – Four Things That Every Not-for-Profit Director Should Know (Volume 2, Issue 1 McCarthy Tétrault Co-Counsel: Business Law Quarterly)
Mr. Kelleher received a BA in 1997 and an LLB in 2000, both from Western University. He was called to the Ontario bar in 2002.
Adam Blinick Guest Speaker Profile
Uber Canada Public Policy and Communications Director
Biography Adam Blinick is the Public Policy and Communications Director at Uber Canada. Prior to joining Uber, Adam held many senior roles in the Canadian government, including Deputy Chief of Staff to the Minister of Public Safety, Director of Policy to the Minister of Transport, and Special Advisor to the Prime Minister. Adam holds a Masters in International Affairs from the George Washington University.
Matt Flynn, Partner EXPERTISE: FINTECH, COMMERCIAL || YEAR OF CALL: 1998 (ON), 2001 (CA, US), 2008 (AB) – 20 years’ of experience in Canada and California at top-tier firms and in-house (Accenture) focusing on structuring, drafting, and negotiating complex technology transactions – Regularly advises clients in the areas of Fintech, SaaS, artificial intelligence (“AI”) and big data, data management, strategic commercial partnerships, strategic sourcing, systems implementations, technology sector M&A, e-commerce – Co-lead of McCarthy Tétrault’s Fintech Group, which was recognized in 2017 with the Professional Service Firm of the Year Award at the 3rd Annual Canadian Fintech & AI Awards, and leader of our Foundry program for fast growth start-ups – Experience advising both large financial institutions as well as Fintech companies on their commercial transactions and arrangements – Recognized in the Canadian Legal Lexpert Directory as a leading lawyer in the area of Technology Transactions – Frequent speaker on various topics, including Fintech transactions
Recent representative experience includes: – Supporting FreshBooks, a Toronto-based, cloud-based accounting software service, in establishing commercial relationships with major financial institutions and technology partners (e.g., Visa, Stripe, Google, Apple Bank of America, Comerica, WePay, etc.) across North America – Assisting ThinkData Works Inc., an open data start-up, with the negotiation of an agreement for its data structuring and analysis platform to be used by RBC, and other major financial institution – Advising a Canadian payments company on several commercial arrangements including an email money transfer application and the development of a chatbot – Advising a Toronto-based digital receipts company in its negotiation of service agreements with both a major Canadian bank and a major US bank – Assisting two Canadian bank legal groups with re-engineering their legal process flows to optimize efficiency in the contracting life cycle for IT vendor agreements s
Dean Masse Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Toronto University of Detroit Mercy, JD, 1997 DIRECT LINE University of Windsor, 416-601-7889 LLB, 1997
E-MAIL BAR ADMISSIONS [email protected] Ontario, 1999
Biography Dean Masse is a partner in our Business Law Group in Toronto. His practice focuses on securitization, structured finance and securities transactions, including single-seller, multi-seller and cross border securitization transactions.
Dean has significant experience acting as lead counsel for issuers, sellers, lenders, underwriters, trustees, liquidity providers and credit enhancers in various public and private securitization and structured finance transactions involving a variety of asset classes, including credit card receivables, residential and commercial mortgages, home equity lines of credit, consumer finance receivables, retail instalment contracts and trade receivables.
Dean also has extensive experience acting as lead counsel for issuers and underwriters in connection with prospectus offerings, private placements, medium term notes programs, commercial paper programs, covered bonds programs and continuous disclosure matters. He has spoken at a number of conferences on various securitization, structured finance and covered bonds topics.
Dean is recognized as one of the leading lawyers in the area of asset securitization in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and the Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada. He is also recognized in Euromoney Legal Media Group’s Guide to the World’s Leading Structured Finance and Securitization Lawyers and Guide to the World’s Leading Banking and Finance Lawyers.
Dean received his B.Comm. in 1993, his MBA in 1994, and his LLB in 1997, each from the University of Windsor. He also received his JD in 1997 from the University of Detroit Mercy. He was called to the Ontario bar in 1999.
McCarthy Tétrault LLP mccarthy.ca Chris Horlacher Guest Speaker Profile
Equibit Group President and CEO
Biography Chris Horlacher is one of Canada's foremost authorities on cryptocurrency and blockchain technology. As the CEO of Equibit Group, he applies his deep understanding of the space into all facets of his professional career, leading the vision and development of blockchain technology that promises to revolutionize the securities industry.
Chris began his career as an auditor at a Big Four accounting firm. Before the age of 30, he was the CFO of a start-up stock brokerage that now manages over $4 billion in assets. Following that, Chris went on to found his own management consulting firm, playing an instrumental role in the success of numerous start-ups as well as multi-million-dollar projects for some of Canada’s largest companies, SME's and non-profit organizations.
As one of Canada’s first adopters of cryptocurrency and blockchain technology, Chris is often looked to for his insights on these emerging and exciting sectors. He has been interviewed by a number of leading media outlets, including Reuters, CBC, BNN, Bloomberg and The Globe and Mail, and has also spoken to large audiences at countless prominent industry events since 2014.
In his spare time, Chris serves as the Vice-Chairman of the Ludwig von Mises Institute of Canada, a research and educational charity focused on the field of Austrian Economics. Possessing Chartered Accountant and Chartered Professional Accountant designations, he is further certified by the Canadian Securities Institute as a partner, director and chief financial officer. Alan A. Wunsche, B.Sc., MBA, CPA, CA, CBP LinkedIn Resume: http://ca.linkedin.com/in/alanwunsche CV: http://www.alanwunsche.com CEO, TokenFunder.io; CEO, Leading Knowledge Ltd. Founder, Blockchain Canada Canadian Chair, ISO/TC307, Blockchain and Electronic Distributed Ledger Technologies; Standards Council of Canada. Member, Audit Innovation Committee; Chartered Professional Accountants of Canada. 405 Balliol St. Toronto, ON, M4S 1E1 Mobile: +1 (647) 964-9268 | [email protected] | [email protected]
Alan is a leading blockchain / fintech expert. Alan has hands-on finance and technology executive with deep governance, strategic planning, process reengineering, big data analytics, risk management and information management transformation consulting experience. Alan was recently elected Canadian Chair of Canada’s ISO/TC307 Blockchain Standards Committee. Alan is a blockchain startup CEO, conference speaker, blockchain community organizer. Throughout his 25 year career, Alan has been a trusted business partner to CIO’s, CFO’s CRO’s, CMO’s and CHRO’s, leading business performance improvement programs by transforming finance, customer and risk IT systems, processes, and organizational structures.
Alan is CEO, Leading Knowledge Ltd., a blockchain technology startup company and consultancy focused on digital transformation. He is known for his business intelligence and analytics technology expertise and is currently exploring applications of disruptive technologies leveraging the bitcoin and alternative blockchains, especially Ethereum. Alan advised CPA Canada on the future of the Finance function in a blockchain world. CPA Canada published his paper Technological Disruption of Capital Markets and Reporting?: An Introduction to Blockchain (October 2016). He authors digital thought leadership at the Algonomic Blog
Alan is a Founder of Blockchain Canada (www.blockchaincanada.org), a Canadian federal not-for-profit corporation with a mission of Connecting Canadian Blockchain Innovators and to help Canada be a leader in blockchain technology. He is currently leading “State of Blockchain Canada” a community-driven research project of 600+ members to discover the leaders of blockchain applications in Canada and advocate on behalf of the community. He curates a growing blockchain ecosystem at BlockchainCanada.org/ecosystem and blockchain thought leadership at BlockchainCanada.org/learn. He facilitated workshops at the Federal Government (ISED) and is speaking at other Government meetings (Canadian Federal Government Digital Caucus – Digital Innovation Ecosystem)
Following the Global Credit Crisis of 2008-2009, Alan joined Scotiabank International Banking to lead an Information Management review, and implemented a new enterprise-wide margin planning solution as Head, Business Intelligence in the Corporate CFO’s Office. Alan moved to Scotiabank Global Risk Management as Vice- President, Credit Information Systems, where he transformed the timely delivery of risk data across 55 countries for the Chief Risk Officer and Senior Credit Committee. He led the development of a new Business Intelligence Centre of Excellence and the Bank’s first global Data Governance Office for wholesale (non-retail) exposures. As Chair, Non-retail Data Governance Office, he represented Scotiabank as BCBS-239 credit risk lead with OSFI and the Canadian Bankers Association.
Originally a scientist (B.Sc.Chem), Alan earned his MBA (Ivey Business School) and his Chartered Professional Accountant (CPA, CA) designation with Price Waterhouse (now PricewaterhouseCoopers), Alan was a management consultant and process engineering expert with PwC. He was lead research author for 3 years of PwC’s Financial Management Benchmarking and Best Practices Study, which included Canada’s top 100 companies and global subsidiaries. Alan co-led PwC’s Global Knowledge Management Centre for the global Strategic Change practice, and was lead certified instructor of PwC’s Strategic and Organizational Change Methodology. With a passion for software innovation, Alan left PwC to focus on growing technology companies. He developed and sold an original 'dot com’ web application, became Vice-President of technology incubator “itemus” and advised tech startups as Executive in Residence at the University of Toronto Innovations Foundation’s Exceler@tor before it was integrated into MaRS.
Alan authored research on global innovation value and metrics for CPA Canada (formerly Canadian Institute of Chartered Accountants-CICA). Alan consulted for Microsoft and Sprint Telecom before joining Deloitte’s Strategy & Operations Consulting in Finance Transformation and Integrated Performance Management. Ivey Business
November 2016 Journal published his “The CFO as Strategist and Catalyst in Building a High-Performance Culture” and he won Deloitte’s Best Author award for “The World is Your Think Tank”.
Alan Wunsche is a Chartered Professional Accountant (CPA,CA) and Member of the Chartered Professional Accountants of Ontario
Reports, Presentations and Publications:
“ESTMA (Extractive Sector Transparency Measures Act) Program Technology Feasibility Assessment“ - Confidential Blockchain Technology Report for the Department of Natural Resources Canada, Government of Canada; March 2017
“Initial Coin Offerings: The Future for Online Investing or Regulatory Crisis?“ - https://www.slideshare.net/alan.wunsche/blockchain-initial-coin-offerings-the-future-for-online-investing-or- regulatory-crisis - Keynote Presentation at National Crowdfinance Summit; March 2017
“Technological Disruption of Capital Markets and Reporting?: An Introduction to Blockchain“ - https://www.cpacanada.ca/en/business-and-accounting-resources/other-general-business-topics/information- management-and-technology/publications/introduction-to-blockchain-technology - Published by Chartered Professional Accounts of Canada (CPA Canada), October 2016
“The Global Blockchain Landscape: (Transforming Finance… and beyond)“ - Keynote Presentation at UWCIS Blockchain Technology Conference: “An important look at a blockchain future for Finance, Accounting, and Auditing Professionals“ - Organizer and Keynote Presenter: UWCISA Blockchain for Finance Conference; September 2016
Blockchain Payments Innovation Panelist - Payments Innovation Conference; 2016
Blockchain Innovation Panelist - CIO Canada Summit; 2016
“Blockchain Canada Hackathon“ (Judge) - Organized and Managed by Blockchain Canada; June 2016
“Ethereum in Action Series“ - Education Series for Blockchain Developers - Organized and Managed by Blockchain Canada
“Accounting for Blockchain Tokens“ - Professional Development Conference of the Cryptocurrency Consortium - Workshop Presentation at Blockchain Training Conference; June 2016
“The Blockchain Revolution: Where can we go from here?“ (Blockchain Keynote) - 9th Biennial Research Symposium; University of Waterloo Centre for Information Integrity and Information Systems Assurance; October 2015
November 2016
Daniel Glover Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Toronto University of Toronto, JD Honours, 2005 DIRECT LINE BAR ADMISSIONS 416-601-8069 Ontario, 2006 E-MAIL [email protected]
Biography Daniel Glover is a partner in our Intellectual Property Group and a member of our Privacy, Technology, Consumer Products & Retail Group, Franchise & Distribution, and Appellate Groups.
Daniel has significant experience in all aspects of information and media law, including copyright and trade- mark protection, privacy, anti-spam and marketing compliance, the law of confidential information, and Internet law. He has advised numerous clients in the technology, consumer products, retail, financial services, and health services fields on privacy and anti-spam compliance issues, including with respect to compliance with CASL and the Unsolicited Telecommunications Rules, in reaction to data breaches, and with domestic and international obligations attaching to the storage of information in the cloud.
In his litigation practice, Daniel delivered oral submissions on behalf of the International Federation of the Phonographic Industry (IFPI), Music Canada, the Canadian Publishers’ Council and other creative industry stakeholders in the landmark decision of Equustek Solutions Inc. v. Google Inc., 2017 SCC 73, a case that has drawn global attention, as it created a new form of equitable relief allowing courts to order search engines to remove links to infringing content worldwide and across all of their platforms. This case has been reported in Fortune, Wired, The New York Times, and the Hollywood Reporter, among other publications.
Daniel has also represented clients in numerous other complex intellectual property and privacy matters before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the British Columbia Court of Appeal, the Ontario Court of Appeal, the Ontario Superior Court of Justice, the Copyright Board of Canada, the Canadian Radio-television and Telecommunications Commission, and the Trade-marks Opposition Board.
Beyond his successful representation in the Equustek case, Daniel was counsel in successful appeals at the Supreme Court of Canada in two leading copyright cases in 2012, appeared at the Supreme Court again in 2013 and 2015 in important appeals on the test for copyright infringement and the application of copyright law to new technologies. Lexpert has named five of his cases in its annual “Top 10 cases” rankings (for 2012, 2014, 2015 and 2017), and another was named a Managing IP Milestone Case of the Year for 2016. Daniel
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Daniel Glover Lawyer Profile also led the drafting of an amicus brief on international copyright law standards at the Supreme Court of the United States in 2014.
A selection of cases in which Daniel was counsel includes: American Broadcasting Companies, Inc., et al. v. Aereo, Inc., fka Bamboom Labs, Inc, 134 S. Ct. 2498 (Supreme Court of the United States, 2014) Equustek Solutions Inc. v. Google Inc., 2017 SCC 73 (Supreme Court of Canada) Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57 (Supreme Court of Canada) Cinar Corporation v. Robinson, 2013 SCC 73 (Supreme Court of Canada) Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168, 2012 SCC 68 (Supreme Court of Canada) ESA v. SOCAN, 2012 SCC 34 (Supreme Court of Canada) Alberta v. Canadian Copyright Licensing Agency, 2012 SCC 37 (Supreme Court of Canada) National Football League et al. v. Attorney-General of Canada, 2017 FCA 249 (leave to appeal pending) Sirius Canada Inc. v. CMRRA/SODRAC Inc. 2010 FCA 348 (Federal Court of Appeal) Maple Leaf Foods Inc. v. Consorzio del Prosciutto di Parma, 2010 FCA 247 (Federal Court of Appeal) Canadian Wireless Telecommunications Assn. v. Society of Composers, Authors and Music Publishers of Canada, 2008 FCA 6 (Federal Court of Appeal) Columbia Pictures Industries v. Wang, 2007 SKCA 133 (Sask. C.A.) CEG License Inc. v. Joey Tomato’s (Canada) Inc., 2012 FC 1541 (Federal Court) Matol Biotech Laboratories Ltd. v. Jurak Holdings Ltd., 2008 FC 1082 (Federal Court) Robertson v. Proquest Learning and Information LLC, 2010 CanLII 31314 (Ontario Superior Court of Justice) Omega SA v. Iwatsu Electric Co. (2011), 95 C.P.R. (4th) 78 (T.M.O.B.) Certiwood Technical Centre v Cedar Shake & Shingle Bureau, 2012 TMOB 207 The client base of Daniel includes well-known media companies and industry organizations (in the film, television, music, gaming, and publishing sectors), major retailers and consumer products manufacturers, telecommunication providers and content hosts, sports leagues, automakers, banks, insurers and financial services companies, health services providers, and software, electronics and technology manufacturers.
Daniel was named in the enforcement and litigation category in the World Trademark Review 1000 for 2014, 2015, 2016, and 2017 with one firm client stating that he “is just brilliant. He is very very sharp and is exceptionally conscientious, smart, courteous and very funny too”. His contributions were also cited by IP Stars in naming McCarthy Tétrault as a Tier One copyright firm in Canada for 2017.
Daniel is an adjunct professor in intellectual property law at the Osgoode Hall Law School at York University and a co-author of the texts Intellectual Property Law in Canada: Cases and Commentary (Carswell), Global
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Daniel Glover Lawyer Profile
Privacy and Security Law Reference (Aspen Publishers), and the User's Guide to Canadian Copyright Tariffs (McCarthy Tétrault). He was called upon to testify as an expert on the operations of the Copyright Board before the Senate Committee on Banking, Trade and Commerce, with his testimony singled out in the Committee’s subsequent report.
Daniel is past chair of the Copyright Policy Committee of the Intellectual Property Institute of Canada (IPIC), sat on the Canadian Working Committee for the Association Internationale Pour la Protection de la Propriété Intellectuelle (AIPPI), and is a member of the International Trademark Association (INTA) and the Association Littéraire & Artistique Internationale (ALAI). He has presented on intellectual property issues at numerous conferences, including for Insight, the Ontario Bar Association, the Law Society of Upper Canada, and the 40th annual conference of the Canadian Conference on International Law on intellectual property and the Internet.
Daniel clerked at the Court of Appeal for Ontario. He received his JD (Honours) from the University of Toronto, where he concentrated on intellectual property and won the Gowlings Prize in Law and Information Technology, the Honourable Jerry S. Grafstein, QC Prize in Communications Law, the A. Alan Borovoy Prize in Civil Liberties, the Patricia Julia Myhal Scholarship in Legal Writing, and the Lang Michener Prize in Property.
Prior to entering law school, Daniel was an editor and writer for the National Post and an editor for the Frommer’s and Let’s Go travel guide series.
Daniel received his MA from the University of Toronto in 1996 and his AB (magna cum laude) from Harvard University in 1994, where he was elected to Phi Beta Kappa and won numerous awards, including the Thomas T. Hoopes Prize, the LeBaron Russell Briggs Traveling Fellowship and the John Harvard Scholarship. He was called to the Ontario bar in 2006 and is a registered trade-mark agent.
Barry Sookman Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Toronto Osgoode Hall Law School, LLB, 1980 DIRECT LINE BAR ADMISSIONS 416-601-7949 Ontario, 1982 E-MAIL [email protected]
Biography Barry Sookman is a senior partner with McCarthy Tétrault in the Toronto office. He is the former Co-Chair of the firm’s Technology Law Group and was the head of the firm’s Internet and Electronic Commerce Group. Prior to that, he was head of its Intellectual Property Group for six years. He is one of Canada’s foremost authorities in the area of information technology, intellectual property, and privacy/anti-spam law.
Barry Sookman is the author of several books including the leading seven-volume treatise, Sookman: Computer, Internet and E-Commerce Law (Carswell, 1999-2017); Copyright: Cases and Commentary on the Canadian and International Law, co-authored with Steven Mason and Prof. Carys Craig (2nd. Ed. Carswell, 2013), Intellectual Property Law in Canada: Cases and Commentary, co-authored with Steven Mason and Dan Glover (2nd. Ed. Carswell 2013); Computer, Internet and E-Commerce Terms: Judicial, Legislative and Technical Definitions (Carswell, 2001-2015); and Sookman: Computer Law: Acquiring and Protecting Information Technology (Carswell, 1989-1999). He is a contributing author to the following books: Gordon Henderson’s Copyright Law in Canada (Carswell, 1994); Barbara McIsaac’s The Law of Privacy in Canada (Carswell, 2000-2003), which was published by McCarthy Tètrault authors; George Takach’s The Software Business (McGraw Hill 1999); and Marco Giovanoli’s International Monetary Law: Issues for the New Millennium (Oxford 2000).
Mr. Sookman is also the author of numerous articles dealing with information technology and intellectual property. As well, he is an adjunct Professor who teaches intellectual property at Osgoode Hall Law School.
Mr. Sookman is very experienced in providing advice in connection with complex information technology/intellectual property transactions including outsourcing and other strategic procurement relationships, cloud computing, SAAS, military procurement, joint venture transactions, and licensing. He has been involved as lead lawyer in Canada’s biggest and most complicated domestic and international outsourcing and cloud computing deals. He regularly acts on transactions which must meet regulatory
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Barry Sookman Lawyer Profile requirements including the OSFI-B10 Outsourcing Guideline. He also provides advice in connection with protecting and exploiting intellectual property and new media products.
He also has extensive experience assisting clients in conducting business over the Internet including drafting web site terms and conditions and meeting regulatory requirements such as for writings and signatures.
Barry Sookman also has a myriad of experience dealing with privacy and data protection issues including compliance with PIPEDA, and cross-border data flows. He is also one of Canada’s leading lawyers on Canada’s anti-spam law CASL. This includes giving advice in connection with CRTC investigations and in connection with CASL’s private right of action.
Mr. Sookman is very experienced in intellectual property and information technology litigation and arbitration proceedings. He has extensive expertise in copyright matters including in anti-piracy, copyright enforcement, and infringement proceedings including infringements related to computer and entertainment software, software, music, books, audiovisual and other works, technological protection measures, Internet disputes, and rights clearances matters.
In addition to providing strategic advice in connection with high-profile IP litigation, he has been involved as counsel in numerous cases, including the following:
Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (Supreme Court of Canada)
Equustek Solutions Inc v Google Inc (Supreme Court of Canada) file 36602
Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57 (Supreme Court of Canada)
Cinar Corporation v. Robinson, [2013] 3 SCR 1168 (Supreme Court of Canada)
Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 (Supreme Court of Canada)
Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Supreme Court of Canada)
SOCAN v. Canadian Assn. of Internet Providers [2004] SCC 13 (Supreme Court of Canada)
CCH Canadian Ltd. v. Law Society of Upper Canada [2004] SCC 13 (Supreme Court of Canada)
Robertson v. The Thomson Corporation [2006] 25 C.R. 363 (Supreme Court of Canada)
Re:Sound v. Canadian Association of Broadcasters, 2017 FCA 138
Planification-Organisation-Publications Systèmes (POPS) Ltée v. 9054-8181 Québec Inc., 2014 FCA 185
Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265
Alberta (Education) v. Access Copyright, 2010 FCA 198
Canadian Wireless Telecommunications Association v. SOCAN [2008] FCA 6
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Barry Sookman Lawyer Profile
Apple Canada Inc. v. Canadian Private Copying Collective 2008 FCA 9
Apple Canada Inc. v. Canadian Private Copying Collective, 2007 FCA 338
Delrina Corp. v. Triolet Systems Inc. [2002] 17 C.P.R. 289 (Ont. C.A.)
Delrina Corp. v. Triolet Systems Inc., 2002 CanLII 45083 (ON CA)
Nintendo of America Inc. v. Camerica Corp. [1991], 34 C.P.R. (3d) 193 (Fed. T.D.), affirmed [1991] 31 C.P.R. (3d) 352 (Fed. C.A.)
Weitzman v. Hendin (C.A.), 1989 CanLII 4185 (ON CA)
Consumers Glass Co. Ltd. v. Foundation Co. of Canada Ltd., 1985 CanLII 159 (ON CA),
Keatley Surveying v Teranet, 2016 ONSC 1717
Keatley Surveying Ltd. v. Teranet Inc., 2013 ONSC 1361
Robertson v. ProQuest Information and Learning LLC, 2011 ONSC 26
Tariff 22 Proceeding (Making Available Right) (Copyright Board)
Tariff 22 Proceeding (the Internet Copyright Tariff) [1999] 1 C.P.R. (4th) 417 (Copyright Board)
Gemologists International Inc. v. Gem Scan International Inc. [1986], 7 C.P.R. 225 (Ont. H.C.)
394363 Ontario Ltd. v. Fuda, 1983 CanLII 1627
York Condominium Corp. No. 335 v. Cadillac Fairview Corp. Ltd.; Village Masonry Contractors Ltd. et al., Third Parties, 1983 CanLII 1734 (ON SC)
Sega Enterprises Ltd. v. Codemasters Limited (unreported UK proceeding) Chambers Global (2015- 2016)
He has had extensive involvement in government relations activities and has appeared on numerous occasions before Parliamentary committees including in relation to amendments to the Copyright Act, Canada’s anti-spam law (CASL), and the Trans-Pacific Partnership (TPP).
Barry Sookman also has a substantial following in social media. He is a leading Canadian blogger on copyright, Internet, and information technology issues at his blog barrysookman.com which has been recognized in the 2012 and 2013 Clawbies. He also has a large following on Twitter @bsookman and LinkedIn @bsookman.
Mr. Sookman has consistently been ranked by authoritative Canadian and international guides as the top or among Canada’s top information technology, intellectual property, and privacy lawyers. For example:
Chambers Global (2005-2018) Information Technology: Consistently ranked as a “Star Individual” (higher than Band 1). “He wears the IT crown”. “Barry Sookman’s clients consider him to be in a class of his own in Canada – no one else has his depth and breadth of knowledge and technological expertise.” “Peers especially highlight his commercial IT and IP work, particularly in relation to
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copyright litigation and procurement transactions.” Clients describe him as “lucid in his approach and capable of absolutely brilliant advice.” “Barry Sookman is reputed for his top-rated copyright practice. He leads the firm’s technology law group and is recognized as a leading practitioner in this area.” “He is very talented”. He “is a leading light in Canada for IT and comes highly recommended for his knowledge of computer, internet and e-commerce law.” “He has an IQ of 190 zillion; he is remarkable. He is incredibly thorough, is very perceptive and quick.” He “is recognised for his knowledge of both IT and IP law, and is also well regarded for copyright work.” “He is one of only a few lawyers with that type of expertise.” “Barry Sookman is a name that stands out in Canada for IT. He is widely acclaimed for his knowledge of computer, internet and e-commerce law. One interviewee enthused: “He is terrific, awesome – a great speaker and educator.”” “Sources describe Barry Sookman as “the pre-eminent lawyer in the sector,” and say: “He puts law in the context of business and keeps on top of the legislation.” He is a renowned authority on IT, internet and copyright matters.” “Barry Sookman is outlined as being “in a class of his own.” One of the pioneers of Canadian IT law, he offers unparalleled depth in outsourcing work and litigious matters, and utilises his IP expertise to assist clients with a range of multidisciplinary work.” “Star individual Barry Sookman is widely respected as "one of the leading lawyers in Canada" for technology law, offering unparalleled multidisciplinary proficiency in IP concerns. He wins the widespread respect of his peers for his extensive expertise in outsourcing and for his prowess as a litigator: "He is a total force in this area - he is outstanding." One client enthused: "He is the best in Canada and has to be one of the best lawyers internationally I have ever dealt with."” “Barry Sookman is regarded as a "phenomenal lawyer" with unparalleled proficiency in technology law and IP concerns. Viewed as an "expert in his field," he is acclaimed for his ability to navigate a complex area of law and to "convey it in a way that is understandable." He is also revered for his thought leadership.”
Chambers Global (2015-2018) Intellectual Property (ranked highest in Band 1): “Barry Sookman is universally regarded as one of Canada’s foremost authorities on information technology and intellectual property issues. One client enthused: “He is excellent – he has the knowledge, the passion and the experience of how to navigate a matter to a successful conclusion.” “Barry Sookman is a renowned copyright expert, who recently acted for Music Canada as an intervener in an infringement case before the Supreme Court of Canada. Sources refer to him as “top-notch,” and say he “has his finger on the pulse of new market developments.”” “Barry Sookman is a recognised leader in the area of copyright, where he holds a wealth of experience.” “Barry Sookman is a recognised leader in the area of copyright, where he holds a wealth of experience. His work highlights include representing Teranet in copyright class action litigation against map surveyors in Ontario.” “Barry Sookman has a "great reputation" in the market as a talented lawyer who "wrote the book on IP and technology law." He is particularly applauded for his work in copyright infringement matters.” “Technology specialist Barry Sookman is recognised throughout the market for his copyright practice. He is described as "a remarkably intelligent, sophisticated practitioner." He is often retained as counsel on significant copyright mandates pertaining to websites.”
Chambers Global (2015-2018) Canada, Privacy & Data Protection (ranked in Spotlight Table and Band 2) “Barry Sookman of McCarthy Tétrault LLP is a major player in the e-commerce and IT space, and is
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widely viewed as a “thought leader” on CASL issues. One client enthused: “He provides wise counsel and has a great sense of the broader picture. He gives us great confidence in dealing with the regulators.” “Barry Sookman of McCarthy Tétrault LLP is a major player in the e-commerce and IT space, and is widely viewed as a “thought leader” on CASL issues. One client enthused: “He provides wise counsel and has a great sense of the broader picture. He gives us great confidence in dealing with the regulators.”” “Barry Sookman of McCarthy Tétrault LLP is a prolific technology lawyer who is "at the forefront of sophisticated thought about CASL." “Barry Sookman is recognised by the market as a "very prominent technology lawyer." He has substantial expertise assisting with CASL compliance and advising clients in connection with CRTC investigations.”
Canadian Legal Lexpert Directory (2003-2017): Listed in Computer and IT Law (Highest ranking -Most Frequently Recommended Lawyer), Technology Transactions (Highest ranking -Most Frequently Recommended), and Intellectual Property Law (Highest ranking -Most Frequently Recommended) categories.
The Legal 500 Canada (2017) Listed in Technology, Media, Telecoms (Leading Lawyers) “Toronto- based Barry Sookman is widely regarded as a market leader and advised the International Federation of Film Producers Associations and the International Federation of the Phonographic Industry, as interveners, in a landmark case ordering a search engine to delist websites from search indexes globally.”
Benchmark Canada 2017: Listed as a Litigation Star in the area of Intellectual Property
Best Lawyers (2008-2017) Ranked as the best Technology Lawyer of the Year, 2010, 2011, 2015 and 2017.
Who’s Who Legal: Canada (2011-2015) Canada: Technology Media & Telecommunications: “Most Highly Regarded” Individual. “Peers describe him as a “seasoned lawyer” who is in a “class of his own”. “He is “the doyen on internet work” and is a “legend”. “Barry Sookman is described by peers a ‘world class’ and ‘an inspiration for other lawyers operating in this space’.” “Barry Sookman is in “a class of his own” according to our sources. Based in Toronto, his practice encompasses information technology and intellectual property matters including outsourcing, joint ventures, and licensing”. “Barry Sookman is a “major player” in the field and one of Canada’s “pre-eminent” practitioners advising upon information technology, internet, copyright and privacy law matters. He is described as practising at the forefront of the discipline and “has a close eye on industry developments.””
Euromoney Legal Media Group’s Managing IP (2013) award for Canada’s Outstanding IP Practitioner.
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada published by Lexpert and American Lawyer (2003-2017): Top-ranked lawyer in Computer & IT Law, Technology Transactions and Intellectual Property.
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IAM: The World’s Leading patent and Technology Licensing Lawyers (2011-2017): “Barry Sookman garners plaudits for his commercial awareness and ‘enterprising approach’ to licence agreements”; among “’the absolute elite of licensing experts’. He maintains a thriving practice encompassing IP and IT transactions for an international clientele.” “Barry Sookman has a wealth of experience in tech. he excels in transactions.” Barry Sookman “brings experience and quality to the table and is a pleasure to learn from.” “Barry Sookman is quick to spot monetisation opportunities.”
Who’s Who Legal Information Technology, Telecoms & Media (2016) Ranked in Information Technology
Guide to the World’s Leading Technology, Media & Telecommunications Lawyers (2008): Ranked as the number one lawyer in Canada and among the world’s top three lawyers in the technology, media and telecommunication category. Lexpert Magazine (2006): Top-ranked lawyer on list of “Canada’s 100 Most Creative Lawyers.”
Who’s Who Legal: The International of Who’s Who of Business Lawyers (2008-2013): Described as the “highly capable Co-Chair of the Technology Group and former head of the Internet & e- Commerce Group.”
Guide to the Leading US/Cross-border Corporate Lawyers in Canada (2010) published by Lexpert. Leading Lawyer in Technology Transactions.
Legal Media Group Best of the Best, Guide to the World’s Leading Lawyers (2009): Listed as one of the top Information technology experts in the world.
Legal Media Group Best of the Best, Guide to the World’s Leading Lawyers (2005): Ranked as the top lawyer in Canada and listed among the Top 10 lawyers in the world in the fields of technology, media and telecommunications.
PLC Which Lawyer? (2008): Ranked as a “Highly Recommended Individual” in the outsourcing category and as one of two leading individuals in the telecom and IT category. Mr. Sookman’s books have been cited, referred to or quoted from approvingly in numerous cases such as:
Nintendo of America Inc. v. King, 2017 FC 246 Andrews v. McHale, 2016 FC 624 Biocad Medical Inc.. c. Panthera Dental inc., 2016 QCCS 3096 Seggie c. Roofdog Games Inc., 2015 QCCS 6462 R. v. Avanes et al., 2015 ONCJ 606 (CanLII) (electronic evidence) R. v. C.M., 2012 ABPC 139 (electronic evidence) Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 (electronic contracting) Toronto-Dominion Bank v e-Funds Limited, 2008 CanLII 88205 (CA TMOB) (evidence)
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Conexsys Systems Inc. c. Aime Star Marketing Inc., 2003 CanLII 33339 (QC CS) Delrina Corp. v. Triolet Systems Inc., 2002 CanLII 11389 (ON CA) Mensys Business Solution Centre Ltd. c. Drummond RCM, 2002 CanLII 41481 (QC CS) (remedies) Angoss International Ltd. v. The Queen, 1999 CanLII 250 (TCC) (tax) Corporation de l'École des hautes études commerciales de Montréal c. 3178277 Canada inc., 1998 CanLII 12140 (QC CS) Northwest Marine Technology, Inc. v. Crosby, 1996 CanLII 1474 (BC SC) Prism Hospital Software Inc. v. Hospital Medical Records Institute, 1994 CanLII 1308 (BC SC) (remedies) Delrina Corp. v. Triolet Systems Inc., (1993), 47 C.P.R. (3d) 1, 9 B.L.R. (2d) 140 (Ont. Gen. Div.) North American Systemshops Ltd. v. King, 1989 CanLII 3181 (AB QB) (electronic contracting)
Mr. Sookman’s expertise in intellectual property, technology and related subject matter was recognized by Justice Morden of the Ontario Court of Appeal in Delrina Corp. v. Triolet Systems Inc., 2002 CanLII 45083 (ON CA) where he awarded costs to his client at a higher scale given Mr Sookman’s “special expertise stating “It is demonstrated to our satisfaction that Mr. Sookman possesses the special expertise referred to in the tariff, an expertise which is relevant to this case. His practice area lies in intellectual property, technology law, and related subjects, and he is the author of three substantial texts in this field. We have no doubt that this experience was particularly relevant to the preparation and presentation of this appeal.”
Mr. Sookman has appeared on the cover of Lexpert magazine three times:
June 2006 “Patent Trolls and Jury Trials, RIM’s Cautionary Tale” October 2003 “Getting IT: First-Mover Advantage in Information Technology” September 2000 “The Rise of the e-Commerce Lawyer”
Mr. Sookman has also appeared on the cover of CBA National magazine’s September 2013 “Is your law firm exposed to cyber-espionage?”
Mr. Sookman is a member of the Copyright Committee of the Patent Trademark Institute of Canada (PTIC). Mr. Sookman is a past chairman of the Canadian Bar Association ― Computer and Computer- Related Technology section. He is a member of the Association Litteraire et Artistique Internationale, the Computer Law Association and ITAC’s Legal Affairs Committee. Mr. Sookman is a former director of the Canadian IT Law Association. He is also a member and former member of the executive of the Toronto Computer Lawyers’ Group, and a member of the Licensing Executive Society and the Copyright Society of the USA. He is also a member of the advisory boards of the global think tanks MacDonald Laurier Institute (MLI) and Centre for International Governance Innovation (CIGI). He is a graduate of Osgoode Hall Law School (1980) and was called to the Ontario bar in 1982.
Mr. Sookman holds a BA from Concordia University (Interdisciplinary Studies in Science and Human Affairs) and a Master’s in Environmental Studies (MES) degree from York University (1980).
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* Profile photo, Copyright 2012, The Law Society of Upper Canada. reproduced with permission of The Law Society of Upper Canada.
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Schedule to Barry Sookman’s CV Legal Writings and Lectures Books and Articles:
Sookman: Computer, Internet and E-Commerce Law (seven volume treatise) (Carswell 1999-2016)
Sookman: Computer Law: Acquiring and Protecting Information Technology (three volume treatise)(Carswell 1989-1999)
Sookman: Computer, Internet and E-Commerce Terms: Judicial, Legislative and Technical Definitions (Carswell 2001-2016)
Copyright Cases and Commentary on the Canadian and International Law (2nd. Ed. Carswell, 2013) (co- authored with Steven Mason and Prof. Carys Craig)
Intellectual Property: Cases and Commentary on the Canadian Law (2nd. Ed. Carswell, 2013) (co-authored with Steven Mason and Dan Glover)
Barry Sookman “Browsewraps, Fair Dealing and Blacklock’s Reporter v. Canada: A Critical Commentary”, Journal of the Copyright Society of the U.S.A., Vol 64, Nos 2. Spring 2017 259; also published in 29 I.P.J. 477.
Barry Sookman, : The Google Book Project: Is it Fair Use? 61 J. Copyright Soc'y 485, Spring, 2014.
“COPYRIGHT CORNER: UNDERSTANDING FLAVA WORKS V. MYVIDSTER: DOES INLINE LINKING INFRINGE COPYRIGHT?” 59 J. Copyright Soc'y 723 (2012)
Copyright Reform for Canada: What Should We Do?, Woodrow Wilson International Center for Scholars, Issue 11, September, 2009
Barry Sookman, Copyright Reform for Canada: Consultation Submission (2009) 2 Osgoode Hall Rev. L. Pol’y 73; also published at 22 IPJ 1.
Why Canada Should Not Adopt Fair use: A joint Submission to the Copyright Consultations, (with Dan Glover) (2009) 2 Osgoode Hall Rev. L. Pol’y 55, also published at 22 IPJ 29
Case Comment: Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Service Providers Canadian Journal of Law and Technology Vol 3 p149.
Case comment on the CCH v. Law Society Case (in the Computer Technology Law Reporter)
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Barry Sookman “The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related to Copyright? 21-2 I.P.J. 159 – 189; also (2008) 1 Osgoode Hall Rev. L. Pol’y. 101
Barry Sookman “Facebook Fair for Copyright of Canada: Replies to Prof. Geist (2008) 1 Osgoode Hall Rev. L. Pol’y. 198
Barry Sookman “The Challenges to Privacy Posed by Technology” in Barbara McIsaac’s The Law of Privacy in Canada (Carswell, 2000 – 2001)
Barry Sookman and Bradley Crawford “Electronic Money: A North American Perspective” in International Monetary Law: Issues for the New Millennium (Oxford University, 2000)
Barry Sookman “Legal Framework for E-Commerce Transactions” [2000] C.T.L.R. 85
Barry Sookman “Protection of Databases” in Copyright in Cyberspace (Otto Cramwinckel, 1997)
Barry Sookman “Copyright and Technology” in Henderson’s Copyright Law of Canada (Carswell, 1994)
Barry Sookman “Protecting Intellectual Property Rights in Computer Products and Related Technology” in George S. Takach’s The Software Business in Canada (McGraw-Hill Ryerson Limited 1997)
Barry Sookman “Knowledge-Based Businesses: The Business of the Future” in Business Law & Litigation: Trend Spotting for the 21st Century (for the 1999 Isaac Pitblado Lectures)
Barry Sookman “E-Commerce, Internet and the Law: A Survey of the Legal Issues” Vol. 48, UNB L.J. 119 (1999)
Barry Sookman “Copyright and the Information Super Highway: Some Issues to Think About” 11 I.P.J. 123 (1997) (Part 1) and 11 I.P.J. 265 (1997) (Part 2)
Barry Sookman et al “International Trade in Computer-Related Technology: The Impact of GATT and NAFTA” in Computer Law & Practice, Vol. 10, No. 3, (1994)
Barry Sookman “Developments in Information Technology Law” [1997] 5 C.T.L.R. 209
Barry Sookman “The North American Free Trade Agreement and Computers: A Summary,” Vol. 1, No. 5 Focus Americas (August, 1995)
Barry Sookman “International Differences and Copyright Protection for Software,” [1995] 5 C.T.L.R. 137
Barry Sookman “Canadian Computer Litigation: Where Are We and Where Are We Going?” Vol. 10, No. 11, Software Protection (April 1992)
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Barry Sookman “Computer-Assisted Creation of Works Protected by Copyright” 5 I.P.J. 165 (1990)
Barry Sookman “Création Assistée par Ordinateur d’Oeuvres Protégeés par Le Droit D’auter, Vol. 2, No. 2, Les Cahiers du Propriété Intellectuelle (Jan. 1990)
Barry Sookman “Liability of Geographic Information System Providers” International Computer Law Advisor, (February 1990)
Barry Sookman “ALAI National Report on Computer-Assisted and Computer-Generated Works” in L’informitique et Le Droit D’auteur, (Les Editions Yvon Blais Inc., 1989)
Media Articles and Op-Eds
Fix the value gap – a reply to Michael Geist, Hill Times, January 9, 2017
Intellectual property and the TPP, Bloomberg TV interview, February 5, 2016
Why Canada has nothing to fear over TPP and Intellectual Property Financal Post January 6, 2016
Patents aren’t defensive tools – they’re critical strategic weapons, Globe and Mail May 20, 2015 (with Judith Mackay)
Canada's anti-spam legislation worries small business owners, The Current, CBC Radio
Delete this anti-spam law Financial Post February 28, 2013
More Fickle than Fair: Why Canada Should Not Adopt A Fair Use Regime (with Dan Glover) The Lawyers Weekly,
What Happens When Copyright Goes Digital, August 6, 2009 (with Stephen Stohn), National Post
April 18, 2000 Television Interview with CBC – Copyright and the Internet
Blog Posts and Daily Digest
Barry Sookman publishes a leading blog on Computer, Internet and Intellectual Property Law @ barrysookman.com. The blog includes a daily and weekly digest of developments in computer, internet, and electronic commerce and IP law. Readers subscribe by e-mail, RSS feeds, and read the digest by following him on twitter (bsookman) or on LinkedIn. The following are some of his blog posts:
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2017 October 10 – Is Google a publisher according to Google? The Google v Equustek and Duffy cases
2017 October 6 – CASL: my appearance before the INDU Committee
2017 October 1 – Digital Privacy Act Security Breach Regulations: my representations
August 25, 2017 – Copyright Board making available right decision released
2017 June 28 – Google v Equustek: worldwide de-indexing order against Google upheld by Supreme Court
2017 June 13, 2017 – The year in review: developments in computer, internet and e-commerce law (2016- 2017)
2017 June 12 – Equustek decision to be released soon by Supreme Court of Canada
2017 June 7 – CASL Private Right of Action delayed and Government to review CASL
2017 June 5 – CASL, the University Sector, and the Private Right of Action
2017 May 10 – Norwich orders: who pays under the notice and notice regime? Voltage v Doe
2017 April 28 – Customer assumes risk of loss from hacker wire transfer fraud says Ontario court
2017 April 22 – Equustek v Google: my Fordham talk
2017 Apri 22 – Legality of Kodi boxes: my interview with Fairchild TV
2017 April 8 – Information location tool and fair dealing copyright defenses rejected: Trader v CarGurus
2017 March 21 – Alleged set-top box pirates lose Canadian Federal Court appeal
2017 March 13 – Website operator jailed for distributing copyright infringing copies of musical works: R v Evans
2017 Febuary 20 – SAP wins major lawsuit based on indirect use and named user license terms: SAP v Diageo
2017 February 17 – Microsoft Azure IP Advantage: cloud computing without patent risk?
2017 February 1- PIPEDA’s global extra-territorial jurisdiction: A.T. v. Globe24h.com
2017 January 9 – Fix the Value Gap – a Reply to Michael Geist
2017 January 2- Browsewraps, fair dealing and Blacklock’s Reporter v Canada: a critical commentary
2016 December 8 – Limitations of Liability in IT Contracts: Atos v Sapient
2016 December 6 – Google v Equustek at the Supreme Court
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2016 December 1 – Senate Report on Copyright Board: a Rationale for Urgent Review
2016 November 18 – PIPEDA Privacy law Given Business Friendly Interpretation by Supreme Court: RBC v Trang
2016 November 6 – Copyright Board Studied by Senate Banking Committee
2016 August 29 – CASL’s Private Right of Action
2016 July 15 – Microsoft Wins Big in Warrant Fight to Protect Privacy of User Data
2016 July 12 – Blocking Orders Against ISPs to Combat Trade-Mark Infringement Legal Says Court of Appeal in Cartier
2016 June 29 – Why Crackdown on Pirate Set-Top Boxes is Good for Innovation: a Reply to Michael Geist
2016 June 14 – The Year in Review: Developments in Computer, Internet and E-Commerce Law (2015-2016)
2016 May 29 – Reimagining the Copyright Board – My ALAI Presentation
2016 May 24 – Privacy Injunctions in the Age of the Internet and Social Media: PJS v News Group Newspapers
2016 May 5 – My Appearance Before the Trade Committee on the TPP
2016 April 27 – New Zealand Term Extension Estimate Clearly Inaccurate Says Study
2016 April 21 – My Senate Committee Appearance on the TPP
2016 April 20 – Clarifying What the TPP IP Provisions Mean in Canada for the Innovative Life Sciences Sector
2016 April 17 – Grasping at Straws: The Trouble With “The Trouble with the TPP”, a Further Reply to Michael Geist
2016 March 22 – John Kasich Trumped by CASL, Canada’s Anti-SPAM Law?
2016 March 3 – CD Howe Rejects IP Criticisms of TPP and CETA
2016 February 7 – Does the TPP Protect Canadian Cultural Policy?
2016 February 5 – Intellectual Property and the TPP: My Bloomberg TV Interview
2016 January 26 – Copyright and Technology: My ALAI Canada Talk
2016 January 22 – CBC v SODRAC: My Talk on Technological Neutrality and Copyright
2016 January 10 – Use of Metatags on Website May Infringe Trade-Mark: Red Label v 411 Travel Bugs
2016 January 7 – Why Canada Has Nothing to Fear Over TPP and Intellectual Property – My Op-ed in the FP
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2015 December 31 – TPP and Trade Secrets: A wonderful Idea
2015 December 17 – Why the TPP is a Good Deal for Canadian Innovators
2015 December 15 – TPP, Copyright, E-Commerce and Digital Policy: A Reply to Michael Geist
2015 December 10 – CASL: The Looming Disaster
2015 December 9 – CASL is a Bad Law
2015 November 27 – Technological Neutrality, Technological Neutrality, Technological Neutrality: CBC v SODRAQ
2015 November 21 – CASL Gets Rogers Media
2015 November 5 – Google Liable for Defamation Through Search and Autocomplete Features: Duffy v Google
2015 October 20 – By-Passing Paywall and Circumventing TPM Sinks Fair Dealing Defense: Blacklock’s Reporter v CVA
2015 October 15 – Long Arm of EU Privacy Law: CJEU Judgment in Weltimmo v Hatóság
2015 October 12 – Schrems, What the CJEU Decided and Why it is a Problem for Canadian and Other Non- EU Businesses (Updated)
2015 October 6 – Schrems Brings Down EU-US Safe Harbour
2015 September 2 – Robert Thomson’s Keynote Address on the Distributionists
2015 August 25 – Keyword Advertising Not Passing Off: Vancouver Community College v Vancouver Career College
2015 June 18 – Digital Privacy Act (Bill S-4) Now Law
2015 June 10 – The Year in Review: Developments in Computer, Internet and E-Commerce Law (2014-2015)
2015 May 25 – Privacy by Design Certification Framework Launched by Ryerson and Deloitte
2015 May 7 – Budget Bill With Copyright Amendments Tabled in House of Commons
2015 April 30 – Economic Effects of Term Extension for Sound Recordings
2015 April 23 – Term Extension and Respect for Artists: A Reply to Michael Geist
2015 April 21 – Canada to Extend Copyright Term for Artists and Record Producers
2015 April 21 – Canada to Accede to Marrakesh Treaty and Extend Copyright Term in Sound Recordings
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2015 March 30 – Safari Workaround Claimants to Get Their Day in UK Court Against Google: Google Inc v Vidal-Hall
2015 March 1 – Message Board Operators Liable for Defamatory Posts says Court: Baglow v. Smith
2015 February 19 – C.D. Howe: Copyright Board Undercompensating Artists and Depriving Rights Holders of Royalties
2015 February 16 – Cyber Threats, Information Sharing and The Digital Privacy Act
2015 February 8 – Jurisdiction Simpliciter in Copyright Cases: Geophysical Service v Arcis Seismic Solutions
2015 February 2 – Internet Justice: Mosley v Google
2015 January 25 – LSUC: The Year in Review in Copyright (2014)
2015 January 24 – User’s Guide to Canadian Copyright Tariffs
2015 January 14 – CASL: The Unofficial FAQ, Regulatory Impact Statement, and Compliance Guidelines
2015 January 2 – Copyright Law 2014: The Year in Review
2014 December 11 – Cell Phone Searches Legal Says SCOC: R v Fearon
2014 December 8 – The Pirate Bay Blocked in France
2014 December 1 – The “Right to be Forgotten” Guideline From the Article 29 Working Party
2014 November 25 – Proving Copyright Infringement: John Kaldor Fabricmaker v Lee Ann Fashions
2014 November 24 – CASL: Getting Consents for Upgrades to Computer Programs on Pre-Installed and Resold Devices
2014 November 18 – CASL: When is a Computer Program Installed or Caused to be Installed According to the CRTC
2014 November 17 – CASL Spamaflop Not Constitutional
2014 November 16 – Good Faith and Honesty Contractual Obligations Says Supreme Court: Bhasinv Hrynew
2014 November 12 – CASL Computer Program Guidance From the CRTC
2014 November 10 – Digital Privacy Act: Important Work Still to be Done by the INDU Committee
2014 October 9 – Canadian IT Law Association – 18th Annual Conference
2014 September 18 – CASL’s Inscrutable Computer Program Provisions to be Tackled by CRTC
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2014 September 4 – Technological Neutrality and Copyright: Supreme Court Grants Leave to Clarify Scope in CBC v SODRAC
2014 August 25 – Online Vendors Owe Purchasers a Duty of Care Says an Ontario Court: Hazjizadeh v Canada
2014 August 13 – Michael Geist’s Attack on Artists Over Tariff 8
2014 July 23 – Google Ordered by BC Court to Block Websites: Equustek Solutions Inc. v Jack (Updated)
2014 July 21 – YouTube, Facebook, Netflix liable to Pay for Music in Canada Rules Copyright Board
2014 July 14 – Michael Geist’s Defense of Canada’s Indefensible Anti-SPAM Law CASL
2014 July 8 – CASL: Myths About Canada’s Anti-SPAM Law
2014 July 7 – Canada’s Anti-SPAM Law Perspectives
2014 July 5 – CASL Enforcement Against Charities Clarified by CRTC
2014 July 4 – CASL Spamaflop
2014 June 26 – Aereo: SCOTUS Rules Its Service Infringing
2014 June 21 – CASL’s Effect on Small Business
2014 June 17 – Notice and Notice Regime Under C-11 Coming Into Force
2014 June 13 – Internet Users’ Privacy and Anonymity protected by Supreme Court: R v Spencer
2014 June 8 – CASL Clarified by CRTC at Information Sessions
2014 June 5 – Developments in Computer, Internet and E-commerce Law (2013-2014)
2014 June 2 – Canada’s Most Influential Lawyers?
2014 May 29 – Reimagining the Copyright Board – My ALAI Presentation
2014 May 24 – Privacy Injunctions in the Age of the Internet and Social Media: PJS v News Group Newspapers
2014 May 5 – My Appearance Before the Trade Committee on the TPP
2014 April 27 – Orphan Works: the Canadian Solution
2014 April 13 – Law an Innovation: Is Intellectual Property a Path to Progress
2014 April 8 – Canada to Amend PIPEDA With the Digital Privacy Act
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2014 April 7 – CASL Don’t Forget About the Computer Program “Malware” and “Spyware” Provisions
2014 March 30 – Blocking Orders Against IPs Legal in the EU: UPC Telekabel Wien
2014 March 3 – Aereo Infringes Says International Associations and Copyright Scholars to SCOTUS
2014 March 1 – Canada’s Anti-SPAM Law CASL Applies to You Even if You Aren’t in Canada
2014 February 13 – When Hyperlinks Infringe Copyright: Svensson v Retriever Sverige
2014 February 11 – IP and the Digital Economy in the Federal Budget
2014 February 10 – McCarthy Tétrault Releases CASL Compliance Toolkit
2014 January 17 – Copyright Law 2013: The Year in Review
2014 January 8 – Excluding Damages for Wrongful Contract Terminations: AB v CD
2014 January 5 – The Google Book Project: Is It Fair Use?
2013 December 24 – Robinson v Cinar in the Supreme Court
2013 December 18 – CRTC FAQ on CASL
2013 December 16 – The Industry Canada CASL Regulations and RIAS: A Lost Opportunity
2013 December 14 – Legislative and Judicial Approaches to Internet Regulation: CASL as a Case Study
2013 December 4 – CASL Industry Canada Regulations: Summary and Comments
2013 December 4 – Industry Canada CASL Regulations Published
2013 November 26 - Intellectual Property Education: Are Canadian Law Schools Doing Enough to Support Innovation?
2013 November 18 – Streaming Websites Blocked in UK: Paramount v Sky
2013 November15 – Alberta PIPA Violates Charter Says Supreme Court in IPC v United Food and Commercial Workers
2013 November 13 – CASL Marches Towards Starting Gate
2013 November 7 – CASL – AN FAQ
2013 November 5 – Combating Counterfeit Products Act Before Standing Committee
2013 October 28 – OSFI Sets Sights on Cyber Security Threats with Release of Guidance
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2013 October 27 – IT.CAN Conference Highlights
2013 October 17 – isoHunt Shut Down
2013 October 15 – Is Unauthorized Online Copying Theft and Does it Hurt Creators?
2013 October 10 – Dr Ficsor on the Marrakesh Treaty
2013 October 10 – UGC Under Canadian Copyright Law: Does the Exception Conform to International Law?
2013 October 6 – Cyber Security and Lawyers
2013 October 1 – Using Social Networking in Business Development
2013 September 30 – Canada’s Anti-SPAM Law and Universities
2013 September 18 – Internet and Copyright: Significant Developments
2013 September 16 – Michael Geist on CASL: Flaws Not Festivus Grievances
2013 September 10 – U.S. Federal Circuit Bar Association IP Conference Coming to Toronto
2013 September 9 – NSA Spying, Cyber Security and Liability under Canada’s Anti-SPAM Spyware Law CASL
2013 September 5 – Copyright: Cases and Commentary on the Canadian and International Law
2013 September 3 – Private Copying Levy on Death Row
2013 August 15 – Supreme Court Take Another Copyright Case: Canadian Artists’ Representation v National Gallery of Canada
2013 July 18 – Aereo Heading to the US Supreme Court
2013 July 17 – Merck Awarded Blockbustser Damages for Apotex’s Patent Infringement
2013 June 27 – Developments in Computer, Internet and E-Commerce Law (2012-2013)
2013 June 19 – Representations, Warranties and Indemnities in IT Transactions
2013 June 18 – Implications of Canada’s Anti-SPAM Legislation (CASL) for IT Business
2013 June 17 – Retirement of Mario Bouchard from Copyright Board
2013 June 12 – Internet Pharmacies Selling Drugs to Americans Illegal: Ontario College of Pharmacists v Global Pharmacy Canada
2013 June 7 – Challenges of Cloud Computing
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Barry Sookman Lawyer Profile
2013 June 3 – C-56 Combating Counterfeit Products Act gets Second Reading in House
2013 May 28 – Making Social Networks Remediate Defamation Enabled by Their Platforms: McKeogh v Facebook
2013 May 27 – Liability of Ex-Employees for Breach of Confidence: Vestergaard Frandsen v Bestnet Europe
2013 May 21 – Are Smartphones Computer Systems Under the Criminal Code? R v Cockell
2013 May 14 – Privacy Commissioners Speak About Getting Accountability Right at CLHIA Conference
2013 May 10 – Problems with Copyright Assignments: Righthaven, Tremblay and POPS
2013 May 6 – Fair Use for Australia? A Report From the Kernaochan Centre
2013 April 29 – Courts Busy With Copyright: Meltwater UKSC, Viacom v YouTube, UMG v Escape, Cariou v Prince
2013 April 26 – World Intellectual Property Day
2013 April 16 – CRTC Reports on CASL Consultation
2013 April 8 – Access Copyright Moves to Collect Royalties
2013 April 8 – Cablevision: How It and Its Doctrines Have Fared Around the World
2013 April 8 – Capital Records v ReDigi: Resale of Digital Music Copyright Infringement
2013 April 5 – Crown Bound by Copyright Act: Manitoba v Access Copyright
2013 April 2 – Aereo Legal for Now in New York
2013 March 28 – Wiretap Intercept Rules Apply to Mobile Text Messages says Supreme Court: R v TELUS
2013 March 25 – A Big Week i Copyright, Kirstaeng, isoHunt and Associated Press v Meltwater
2013 March 20 – Managing Intellectual Property North America Awards
2013 March 17 – UMB v Veoh: US Appeal Court Sides with Veoh in Appeal
2013 March 13 – Criminal Copyright Convictions of The Pirate Bay Operators “Necessity in Democratic Society” says Human Rights Court
2013 March 13 – How to Avoid Misleading Disclosures in Online Advertising
2013 March 8 – Internet Retransmission of Broadcasts a Communication to the Public, Rules the CJEU
2013 March 4 – The Combating Counterfeit Products Act
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Barry Sookman Lawyer Profile
2013 March 1 – Canada’s Anti-Spam Law (CASL), Too Much of a Good Thing
2013 February 21 – Charities, Non-Profits and CASL
2013 February 20 – Google Liability for Defamation on Blogger.com: Tamiz v Google
2013 February 19 – CASL: the Submissions to Industry Canada on the Draft Regulations
2013 February 18 – Has the CRTC Compromised its Judicial Independence on CASL?
2013 February 13 – Supreme Court Hears Oral Argument in Cinar/Robinson Copyright Cases (Updated)
2013 February 6 – Google Wins Sponsored Links Case in Australia
2013 February 5 – Evaluating the Industry Canada CASL Regulations: My Submission to the Consultation
2013 February 1 – Evaluating the Industry Canada CASL Regulations: Countering Cyber-Security Threats
2013 January 30 – Evaluating the Industry Canada CASL Regulations: Defining Commercial Electronic Message
2013 January 25 – Evaluating the Industry Canada CASL Regulations: Jurisdictional Overreach
2013 January 22 – Evaluating the IC CASL Regulations: the B2B Exception and Non-Business Entities
2013 January 21 – Evaluating the Industry Canada CASL Regulations: the B2B Exception (Part I-SMEs)
2013 January 18 – Evaluating the Industry Canada CASL Regulations: Family Relationships and Personal Relationships
2013 January 16 – Evaluating the Industry Canada CASL Regulations: How to Assess Them
2013 January 15 – CRTC Guidance on Interpreting its CASL Regulations and Guidelines at the IT.CAN/TCLG Meeting
2013 January 14 – Evaluating the Industry Canada CASL Regulations: Why They are Needed
2013 January 12 – Intellectual Property Law in Canada: Cases and Commentary
2013 January 11 – Copyright Law 2012: The Year in Review in Canada and Around the World
2013 January 4 – Industry Canada CASL Draft Regulations Now Available
2013 January 3 – Most Popular Intellectual Property and Technology Law Blogs
2012 December 31 – Canadian Law Blog Awards Announced
2012 December 28 – Strangest Copyright Cases of 2012
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2012 December 21 – Copyright Board Refuses CAB Request to Rescind CSI Tariff
2012 December 20 – Industry Canada CASL Regulations Coming
2012 December 17 – Crown Copyright and Translations, Keatley Surveying v Teranet
2012 December 14 – Homeaway.com Decision Threatens to Re-write Trade-mark Law in Canada (But Is it for the Better?)
2012 December 14 – Supreme Court Nixes Value for Signal Regime
2012 December 12 – Justice Rothstein on the Copyright Pentology
2012 December 11 – CRTC Clarifies Questions About CASL
2012 December 7 – Copyright Board to Construe the Making Available Right
2012 December 4 – Flexible Exceptions to Copyright Have Negative Economic Costs, Says Study
2012 November 28 – Search Engines Liability for Defamation – Trkulja v Google
2012 November 14 – SOCAN Sued for $15 Million Refund of Ringtones Payments
2012 November 9 – Making European Copyright Fit for Purpose in the Age of the Internet
2012 November 8 – Viagra Patent Declared Invalid by Supreme Court of Canada
2012 November 7 – Change and the Copyright Modernization Act
2012 November 3 – Technology Challenges Law
2012 October 30 – Copyright Modernization Act Soon to be Law in Canada
2012 October 27 – IPC v UFCW Charter/Privacy Case Going to Supreme Court (Updated)
2012 October 21 – Charter Protects Employees’ Privacy in Data Stored on Employer Computers Rules Supreme Court in R v Cole
2012 October 16 – CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, Background and Commentary
2012 October 10 – The French Hadopi Law, its History, Operation and Effectiveness
2012 October 8 – Copyright Board Values Music Used in Online Music Services
2012 October 3 – Upcoming IP/IT Events You Won’t Want to Miss
2012 September 28 – Privacy Protects Anonymity in Cyberbulling Case Says Supreme Court
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Barry Sookman Lawyer Profile
2012 September 26 – When a Tweet Crosses the Line
2012 September 24 – Even More on Access Copyright and the Supreme Court: Eviscerated or Not?
2012 September 24 – Canada a Country in Copyright Transition Says US Congressional Anti-Piracy Caucus
2012 September 20 – Are “Browse Wrap” Agreement Enforceable After the Century 21 v Rogers Communications Case?
2012 September 12 – Did the Supreme Court Eviscerate Access Copyright’s Business Model? A Reply to Michael Geist
2012 August 28 – IVI Copyright Injunction in the Public Interest Says US Appeals Court
2012 August 24 – Was the $675,000 Damage Award Against Joel Tenenbaum for File Sharing Excessive?
2012 August 23 – Fair Use for Australia?
2012 August 20 – The Andersen P2P File Sharing Study on the Purchase of Music CSs in Canada
2012 August 13 – Google’s Plans to Prioritize Legitimate Online Content
2012 August 8 – Understanding Flava Works v myVidster: Does Inline Linking Infringe Copyright?
2012 July 31 – Did the Supreme Court Supplant the Market for Access Copyright Licenses?
2012 July 23 – Supreme Court Decisions to Affect Future Copyright Board Cases
2012 July 12 – The Supreme Court Rules on Copyright in a Pentology of Cases
2012 July 9 – Supreme Court of Canada to Release Reasons in Five Copyright Cases
2012 June 29 – Copyright Bill C-11 Passes Senate and Given Royal Assent (Updated)
2012 June 22 – My Remarks to the Senate Committee Studying Bill C-11
2012 June 21 – Developments in Computer, Internet and E-Commerce Law (2011-2012)
2012 June 3 – So You Want to Protect Computer Programs by Copyright, the Oracle v Google and SAS v WPL Cases (Updated)
2012 May 23 – Contracting For a Cloud Computing Deal?
2012 May 22 – New CASL Regulations Coming But Will They Fall Short?
2012 April 27 – CASL in Force in 2013
2012 April 26 – Optus Loses “TV Now” Copyright Appeal Down Under
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Barry Sookman Lawyer Profile
2012 April 25 – Social Media, Intellectual Property and the Workplace, is There a Gap in the Law?
2012 April 20 – iiNet Not Responsible for Customers’ Infringing Acts Says Australia High Court
2012 April 20 – Holocaust Remembrance and Copyright
2012 April 17 – Value for Signal Case in Supreme Court Today
2012 April 1 – Robert Levine and Brett Danaher at CMW
2012 March 29 – Reflections on the New CRTC CASL Regulations
2012 March 14 – CRTC Finalizes CASL Regulations
2012 March 13 – Bill C-11 Ready for Third Reading
2012 March 12 – Michael Geist: A Question of Values
2102 March 3 – No Freedom to Hack Access into the Internet, Says US Judge
2012 March 1 – B-10 Outsourcing Guideline Applies to Cloud Computing Says OSFI
2012 February 27 – Why is the EU Asking the ECJ to Review ACTA and Does it Matter?
2012 February 22 – Keeping The Pirate Bays at Bay: Using Blocking Orders to Curtail Infringements
2012 February 19 – Bill C-11 off to Legislative Committee (Updated)
2012 February 15 – Is Google News Legal? (Updated)
2012 February 9 – ISPs Not Broadcast Undertakings Says Supreme Court
2012 February 8 – Bill C-11 to be Law by April
2012 February 8 – Reining in the Rhetoric on Copyright Reform
2012 February 2 – P2P File Sharing Hurts Music Sales in Canada, Study Finds
2012 February 1 – Chief Justice Asks: Will Accuracy and Fairness be Casualties of the Social Media Era?
2012 January 29 – Redefining Copyright in the Digital Era
2012 January 26 – EU Commission Proposes Comprehensive Reform of Data Protection Rules
2012 January 18 – Ontario Recognizes Privacy Tort of Intrusion Upon Seclusion
2012 January 18 – Do Linking Sites Infringe Copyright?
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Barry Sookman Lawyer Profile
2012 January 16 – Supreme Court to Hear Whether ISPs are Broadcasting Undertakings
2012 January 13 – Copyright Law 2011 – The Year in Review in Canada and Around the World
2012 January 9 – Cyberlockers, Social Media Sites and Copyright Liability
2012 January 9 – Law Society Gives Lawyers Social Media Guidance
2012 January 3 – Will it be Illegal to Recommend a Dentist Under Canada’s New Anti-Spam Law (CASL)?
2012 January 2 – France Animation v Robinson – a Case Comment
2011 December 31 – Canadian Patent Office Allows Amaon.com’s “one-click” Patent
2011 December 23 – Canada is Market for TPM Trafficking and Bittorent Indexing Sites says USTR Report
2011 December 14 – DNS Blocking and Filtering in the EU
2011 December 9 – Webcasts of the Supreme Court Copyright Cases Now Available
2011 December 9 – UK: “Not Practical” to Adopt US Fair Use
2011 November 25 – Copyright Coming to the Supreme Court of Canada
2011 November 5 – Jurisdiction in the Internet Age
2011 October 28 – IT.CAN Annual IP Update
2011 October 28 – Legislative Committee for C-11
2011 October 21 – Supreme Court Denies Leave in Satellite Radio Copyright Case
2011 October 20 – Hyperlinking and ISP Liability Clarified by Supreme Court in Crookes Case
2011 October 19 – Copyright Bill C-11 Gets Second Reading in the House of Commons
2011 October 17 – Canada’s New Anti-Spam Law: Too Much of a Good Thing?
2011 October 11 – Belgium ISPs Ordered to Block The Pirate Bay
2011 October 4 – ASCAP Case Highlights Differences in Canadian and US Copyright Law
2011 October 3 – Some Observations on Bill C-11: The Copyright Modernization Act
2011 September 30 – Canada Signs ACTA
2011 September 29 – Supreme Court to Hear “Value for Signal” Appeal
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Barry Sookman Lawyer Profile
2011 September 27 – Copyright and Privacy Bills to be Introduced in House of Commons
2011 September 27 – Signing Ceremony for the Anti-Counterfeiting Trade Agreement (ACTA) this Weekend
2011 September 20 – Electronic Commerce Protection Regulations – Much Work Remains
2011 September 15 – UK Culture Secretary Calls for Boldness in Dealing With Online Piracy
2011 September 10 – What’s Next for Copyright Reform in Canada? (Updated)
2011 September 8 – Website Terms, Copyright Used to Shut Down Real Estate Data Scraping in Century 21 v Rogers
2011 September 7 – Fixing CASL: Comments on the Draft CRTC and Industry Canada Regulations
2011 September 7 – Indirect Theories of Copyright Liability
2011 September 6 – Technological Change and Copyright
2011 August 24 – Are Music Storage Lockers Legal in the US?
2011 August 24 – University Course Packs Going Digital
2011 August 10 – UK Moving Ahead with Graduated Response After Hargreaves Review of IP
2011 August 4 – UK to Get Even Tougher with IP Crime
2011 August 3 – UK Proposals to Modernize UK Copyright Act Released
2011 August 2 – Government of Canada Launches Anti-Spam Information Website
2011 August 1 – UK Copyright Caselaw Update: The Lucasfilm, BT, ITV and Meltwater Cases
2011 July 18 – Draft FISA (Anti-SPAM) Regulations Published by CRTC and Industry Canada (Updated)
2011 June 24 – C-32 Copyright Bill Described in WTO Reports
2011 June 20 – Who Bears the Risk of Loss When a Corporate Bank Account is Hacked?
2011 June 16 – Is an Internet Posting of a Work a World-Wide Publication for Copyright Purposes?
2011 June 15 – Developments in Computer, Internet and E-Commerce Law (2010-2011)
2011 June 13 – UN Report on Internet Disconnection Flawed and Contrary to Jurisprudence
2011 June 3 – Throne Speech Promises Swift Passage of Copyright Amendments
2011 May 30 – G8 Declaration: Internet and IP Critical to Innovation
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Barry Sookman Lawyer Profile
2011 May 26 – A Masterpiece for Brand Owners – The Supreme Court of Canada Makes it Easier to Enforce Your Trade-Mark
2011 May 25 – Rethinking CASL (with Lorne Salzman)
2011 May 15 – Supreme Court Rules on Whether Access Laws Apply to Records of PMO But Not Which Records are Personal Information
2011 May 7 – The OPC on Online Tracking, Profiling and Targeting and Cloud Computer
2011 May 4 – Significant Privacy law Decision: Leon’s Furniture v Alberta (IPC)
2011 May 2 – Canada Back on the USTR 2011 Special 301 Watch List
2011 April 25 – C-32 and the BlackBerry PlayBook: A Reply to Michael Geist
2011 April 14 – YouTube Adopts “Copyright School” to Stop Copyright Infringement
2011 April 14 – New Zealand Passes Law to Reduce Online File Sharing
2011 April 13 – Charlie Crist Official Apology to David Byrne for Copyright Infringement
2011 April 12 – Who Profits from Piracy?
2011 April 11 – Liberal Digital Canada Plan and Copyright
2011 April 8 – Conservative Party Platform on Copyright
2011 April 6 – Amazon Files Brief to Federal Court of Appeal in the One-Click Patent Case
2011 April 4 – Rethinking Notice and Notice After C-32 (Now C-11)
2011 March 25 – C-60, C-61, C-32?
2011 March 22 – US Court: Google Book Settlement Not “Fair, Adequate and Reasonable”
2011 March 21 – What Art Copyrights and Sandwiches Have in Common
2011 March 18 – Margaret Atwood at the Parliamentary Committee on Bill C-32
2011 March 9 – Are Canada’s Copyright Laws Friendly or Unfriendly Towards Wealth Destroyers According to Prof. Geist?
2011 March 8 – iiNet Court Backs Reasonableness of Graduated Response to Stop Illegal File Sharing
2011 February 28 – Canada : Online Piracy and Problem Hurting Artists, Creators and the Economy
2011 February 22 – Clearing Up the Copyright Confusion (Part II)
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Barry Sookman Lawyer Profile
2011 February 19 – Is Copyright Part of the FTA or NAFTA?
2011 February 18 – C-32 Enablement Remedy Targets Secondary Copyright Infringement
2011 February 11 – Naming Canada’s Anti-Spam/Anti-Spyware Law
2011 February 6 – Name Canada’s Anti-Spam/Anti-Spyware Law
2011 February 3 – New Permit for Exports and Technology Transfers to EU Plus Five Countries
2011 February 2 – IIC Estimates Global Economic and Social Impacts of Counterfeiting and Piracy
2011 January 31 – Google’s Search Service Exonerated from Copyright Liability by a French Court
2011 January 26 – Impacts of Bill C-28 (The New Anti-SPAM and Anti-Spyware Legislation)
2011 January 26 – En Réponse à «Pour démêler la confusion à l’égard du droit d’auteur» (Clearing Up the Copyright Confusion), du Professeur Michael Geist
2011 January 18 – Robertson 2 Copyright Class Action Settles
2011 January 13 – Copyright Law 2010 – The Year in Review in Canada and Around the World
2011 January 9 – A Response to Professor Michael Geist’s Clearing Up the Copyright Confusion
2011 January 9 – EU Highlights Role of ISPs, Damages and Trade Agreements in Reducing IP Infringements
2011 January 6 – Canada Passes Anti-Spam and Anti-Spyware Law
2011 January 2 – Signs Your Ex Wants to Get Back With You
2010 December 23 – Copyright Board Grants Interim Relief to Access Copyright
2010 December 20 – Teachings From the Blizzard WoW Case
2010 December 16 – Federal Court of Appeal Decides the Satellite Radio JRs
2010 December 16 – Liberals Announce Proposals to Amend Bill C-32
2010 December 16 – Bill C-28 (SPAM Bill) Gets Royal Assent
2010 December 15 – Is There Copyright in a Directory Produced by a Computer? The Telstra Case
2010 December 14 – An FAQ on TPMs, Copyright and Bill C-32
2010 December 8 – Key Issues on the Legal Protection for TPMs Under Bill C-32
2010 December 1 – My C-32 Opening Remarks
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Barry Sookman Lawyer Profile
2010 November 27 – The Pirate Bay Operators Lose Criminal Appeal and Sent to Prison
2010 November 24 – Separating Copyright Fiction From Facts About C-32’s TPM Provisions
2010 November 18 – Legislative Committee for C-32 Selected
2010 November 17 – Bill C-32’s Fair Dealing and Other New Copyright Exceptions
2010 November 15 – Amazon.com Going to the Federal Court of Appeal
2010 November 9 – Some Observations About the Debates on Bill C-32 in the House of Commons
2010 October 30 – Bill C-32 – Impacts on the IT Community
2010 October 25 – Turning Up the Rhetoric on C-32’s TPM Provisions
2010 October 21 – Export Controls Alert: Canada Issues New Guidance on Encryption Controls
2010 October 15 – With “One Click”, Business Methods Are Patentable in Canada
2010 October 11 – EMI Records v UPC – the Case for Legislative Solutions to Illegal File Sharing
2010 October 11 – The Anti-Counterfeiting Trade Agreement (ACTA) - a Summary of the Final Terms
2010 October 1 – STM to to Ministers Moore and Clement: C-32 Will Seriously Prejudice Rightsholders
2010 September 30 – Are the TPM Provisions in C-32 More Restrictive Than Those in the DMCA?
2010 September 27 – Separating Facts from Hype About C-32
2010 September 20 – copyrightgetitright
2010 September 17 – RCMP Report Details Canada’s Serious Counterfeiting and Piracy Problems
2010 September 16 – OECD Report: IPR Reforms Deliver Positive Economic Results
2010 September 15 – Geist: Tough IP Laws Suppress Political Dissent
2010 September 3 – Federal Court of Appeal Dismisses Tariff 22 JRs
2010 August 23 – ACTA progress Announced with Plans to Release Final Draft in September
2010 August 14 – Toronto Star Says Proposed Exception for Education in C-32 Needs Rethinking
2010 August 13 – SOCAN Seeks Leave to Supreme Court on Whether an Online Preview is a Fair Dealing
2010 August 13 – “Musicians Have Rights, Too”, Maia Davies
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Barry Sookman Lawyer Profile
2010 August 5 – Property and Progress Made Possible by Respecting Copyrights
2010 July 29 – MGE v GE – What Did the 5th Circuit Decide About the Scope of the DMCA TPM Provisions and Was it Right?
2010 July 27 – Copyright Office Exempts Six Classes of Works from DMCA’s Access Control Anti- Circumvention Prohibitions
2010 July 27 – Educational Tariff Certified by Copyright Board Upheld by Federal Court of Appeal
2010 July 24 – Copyright Doesn’t Protect Dolls with a “Bratty Look”
2010 July 23 – Study Shows 97% of Torrents Relate to Infringing Copyright Content
2010 July 21 – Canadian Government Undertaking Industry Consultations on Cryptography Export Permit Process
2010 July 20 – ACTA and TPMs
2010 July 18 – When do Broadcasters Reproduce Works ? The Copyright Board Clarifies the Law in the Commercial Radio Tariff Case
2010 July 4 – ACTA Will Not Create New IPRs or Interfere with Fundamental Liberties Statement Says
2010 July 2 – Are Business Methods Patentable Under Bilski in the US?
2010 June 23 – Minister Moore’s Speech on C-32
June 2010 18 – Export Controls Alert: Canada’s Response to Liberalization of Controls on Ancillary Encryption
2010 June 17 – Legends and Reality About the 1996 WIPO Treaties in the Light of Certain Comments on Bill C-32
2010 June 3 – Some Thoughts on Bill-C-32: An Act to Modernize Canada’s Copyright Laws
2010 May 27 – Future of Music Coalition Panel: DC Policy Day 2010 – Focus on ACTA
2010 May 26 – Developments in Computer, Internet and E-Commerce Law (2009 – 2010)
2010 May 25 – Government Introduces Bills to Fight SPAM and Spyware and to Amend PIPEDA
2010 May 21 – IsoHunt Permanently Enjoined by US Court
2010 May 19 – Copyright and the Great Socialist Degradation
2010 May 17 – Are Internet Previews of Music a Fair Dealing Under Copyright?
2010 May 14 – John Degen “Weapons Down, Please”
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Barry Sookman Lawyer Profile
2010 May 13 – What do LimeWire, Napster, Kazaa, and IsoHunt all Have in Common?
2010 May 11 – “A Robust Copyright Regime Would – Permit Market Forces to Operate Properly”
2010 May 10 – Geist: “STFU” Until You See the Bill”
2010 May 6 – Canada’s New Copyright Bill: What Will it Look Like?
2010 April 30 – Canada Again Named to USTR’s Priority Watch List for Weak IP Laws
2010 April 30 – Canada Called out for Weak Copyright Laws by IFPI and at the Heritage Committee
2010 April 26 – Graduated Response: A Least Cost Solution to Reducing Online Copyright Infringement
2010 April 21 – The Owens Analysis of the Canadian Copyright Consultations: What are the Implications?
2010 April 19 – Is Graduated Response Necessary to Protect Human Rights From Online Copyright Infringement?
2010 April 15 – Levy Debate Sparks Impassioned Please in Parliament for Copyright Reform
2010 April 14 – Calling Out Misreporting About ACTA
2010 April 13 – More Hype Than Facts About ACTA From its Critics
2010 April 6 – Develop a Prudent Intellectual Property Policy by Reading Shakespeare’s Hamlet, says Judge
2010 April 2 – Injunction to Issue Against IsoHunt in a Busy Month for the Courts
2010 March 22 – Does Canada Already Have Fair Use?
2010 March 18 – Should Canada Adopt “Fair Use” as Proposed by NDP MP Charlie Angus?
2010 March 15 – God of War and the Idea Expression Dichotomy in Copyright Law
2010 March 11 – Murdoch Urges Reforms to Stem Online Copyright Free Riding
2010 March 10 – Canadian Government Launches Consultations on Encryption Controls
2010 March 9 – A Framework for Voluntary Graduated Response in Online Copyright Enforcement
2010 March 8 – What Did the Supreme Court of Canada Say About Notice and Notice in the SOCAN Tariff 22 Case?
2010 March 4 – The Speech From the Throne: a Digital Strategy and IP Reform
2010 February 25 – Misinterpreting the IPR 2010 Report
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Barry Sookman Lawyer Profile
2010 February 19 – Canada Again in the Penalty Box Over Poor IP Laws and Enforcement According to 2010 IIPA 301 Report
2010 February 17 – Reflections on the Liberal Roundtable on the Digital Economy
2010 February 16 – Supreme Court Kills Fundamental Breach in Enforcement of Liability Disclaimers in Tercon
2010 February 12 – Digital Copying and Libraries: Copyright and Licensing Considerations
2010 February 11 – How Can Copyright Reform Best Balance the Rights of Creators, Intermediaries and Users?
2010 February 9 – Stealing is Not a Form of Flattery, Nor is it Sincere…
2010 February 8 – My New Intellectual Property Law Case Book
2010 February 8 – The Fallout from iiNet: Markets and Laws Failing in Face of Net Piracy
2010 February 5 – Debating Graduated Response at the Center for Democracy and Technology
2010 February 5 – Where is Canada’s Plan for the Digital Age?
2010 February 2 – A Reply to ACTA Critics
2010 February 1 – The Costs and Benefits of Graduated Response in Copyright Enforcement
2010 January 26 – Clinton’s Remarks on Internet Freedom
2010 January 25 – Challenges for Digital Britain: Broadband Access, Copyright and Business Models
2010 January 20 – Graduated Response and Copyright: An Idea That is Right for the Times
2010 January 19 – The Italian Pirate Bay Case: What did the Court Order and Why?
2010 January 18 – The Epidemic of Online Book Piracy
2010 January 15 – Canadian and International Copyright - The Year in Review (2009) Presentation for LSUC
2010 January 12 – Eight Things worth Proroguing on TV: Pirating TV Shows from BitTorrent
2010 January 11 – Editions du Seuil v Google: What Reasons did the French Court Give for Holding Google Liable for Copyright Infringement?
2010 January 7 – Critiquing Copyright Canards
2010 January 4 – Is Minister Clement Following the UK to Bring us a Much Needed “Digital Canada” Strategy?
2010 January 1 – ITIF Report: Strategies for Reducing Digital Piracy
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Barry Sookman Lawyer Profile
2009 December 28 – Toying with Funny Math to Downplay Canada’s role as a Piracy Haven
2009 December 25 – Fung and Isohunt found liable for Inducing Worldwide Copyright Infringement
2009 December 23 – Dr. Ficsor is Right: Prof. Geist is Wrong About the WIPO Internet Treaties
2009 December 17 – Open Source Movement Gets Big Boost From Copyright Laws and DMCA in Jacobson v Katzer
2009 December 16 – UK Court Finds Online Gaming System Non-Patentable Subject Matter
2009 December 15 – Canada’s Embarrassing Place in the BitTorrent Rankings, Torrentz.com and IsoHunt World Leaders
2009 December 14 – Non-Commercial P2P File Sharing is Not Fair Use Says Court in Sony BMG v Tenanbaum Case
2009 December 13 – UK Launches Consultations on Copyright Exceptions
2009 December 8 – Michael Geist Inflates Pending Lists Claim to Vilify Record Labels
2009 December 5 – Supreme Court Convicts Alberta Man for Internet Child Luring
2009 December 4 – Rejection of Amazon’s One-Click Patent Attacked in Appeal Brief
2009 November 28 – Getting the Straight Goods on ACTA, Check Your Sources
2009 November 27 – Mininova Gona, Who’s Left and Where are They Located?
2009 November 24 – OECD Counterfeiting Report Misinterpreted to Support Myth of Canada as a Low Piracy Country
2009 November 22 – Graduated Response Mapped out in UK Digital Economy Bill
2009 November 22 – More Fickle Than Fair: Why Canada Should Not Adopt a Fair Use Regime (with Dan Glover)
2009 November 20 – Support for ACTA Urged by Over 20 Leading Organizations
2009 November 20 – MPAA ACTA Letter to Chairman Leahy
2009 November 20 – Sacking Employees for Misuse of Computers and Internet Access – Pilquin v. Devon Canada Corporation
2009 November 19 – Magnitude of Counterfeiting and Piracy of Tangible Products
2009 November 18 – Fear Mongering and Misinformation Used to Slag ACTA
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Barry Sookman Lawyer Profile
2009 November 16 – OHRLP Publishes Leading Submissions to the Copyright Consultations
2009 November 15 – Google Amends Settlement with Authors and Publishers in U.S. Litigation
2009 November 13 – Gilham v R – UK CA Conviction for Selling Mod Chips
2009 November 12 – © The Way Ahead: A Copyright Strategy for the Digital Age
2009 November 11 – Lord Mandelson Speech Transcript on P2P Copyright and Creative Industries
2009 November 10 – 100,000 Voters Who Don’t Exist
2009 November 9 – Rhetoric Exaggerates ACTA Leaked Negotiations Text
2009 October 27 – Industry Committee Amends Anti-Spam Bill (ECPA)
2009 September 13 – Copyright Reform in Canada-Woodrow Wilson International Centre for Scholars
2009 September 15 – Why Canada Should Not Adopt Fair Use: A Joint Submission to the Copyright Consultation (with Dan Glover)
2009 September 25 – Copyright Reform for Canada: What Should We Do? My Submission to the Copyright Consultation
2009 August 6 – What Happens When Copyright Goes Digital
2009 July 28 – Microsoft Wins Substantial Damages Award for Unauthorized Distribution of its Software,
2009 July 28 – The Pirate Bay – Operators Fined for Aiding and Abetting Copyright Infringement
2009 May 28 – Anti-Spam Bill Webinar, Anti-Spam Bill Raises Concerns, and Head to Head on Copyright (Video)
2009 May 19 – Developments in Computer, Internet and E-Commerce Law
2009 May 12 – Anti-Spam Bill Raises Concerns
2009 May 7 – Head to Head on Copyright (Video)
2009 April 30 – A Time for Change: Toward a New Era for Intellectual Property Rights in Canada
2009 February 23 – Bill C-61 A presentation for ITAC
2009 January 15 – Law Society of Canada: Copyright Year in Review (2008)
2008 November 7 – The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related to Copyright?
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2008 July 16 – Proposed Canadian Copyright Reform – Bill C-61
2008 February 3 – Facebook fair for copyright of Canada: replies to professor Geist
2007 June 26 – Toronto Computers Lawyers Group Year in Review (2006-2007)
2006 June – Toronto Computers Lawyers Group Year in Review (2005-2006)
Continuing Legal Education and Other Speeches
September 15, 2016 – McT: Protect Your Brand – Practical Tips & Topical IP Issues
June 28, 2016 – McT: TPP – How Will This Impact Your Business?
June 14, 2016 – Toronto Computer Lawyers’ Group Year in Review
May 25, 2016 – ALAI Canada, Reimaging Copyright Board – Lessons from Other Jurisdictions
March 15, 2016 – Fordham TPP: The Trouble with TPP: Canadians Get Their Chance to Speak out
January 26, 2016 – ALAI Copyright & Technology: Challenges to Authors and Copyright Holders
January 21, 2016 – LSUC 20th Annual IP Law: Year in Review
January 19, 2016 – CIGI Roundtable on Positioning Canada to be a Leader in the Global IP System
December 10, 2015 – 21st Annual Regulatory Compliance for Financial Institutions: Cyber Threats, Privacy, Security and Evolving Data Breach Obligations
December 8, 2015 – Hill Times: TPP Forum
November 12, 2015 – CIGI Conference on TPP and Intellectual Property, Panelist
October 5, 2015 – Association of Canadian General Counsel: Cloud Computing: Security and Privacy Challenges and Legal Risks
October 2, 2015 - AIPF 2015 Annual Meeting: Developments on Copyright Law in Canada
June 25, 2015 – McCarthy webinar: PIPEDA Digital Privacy
June 10, 2015 – Toronto Computer Lawyers’ Group: Year in Review
June 8, 2015 – ALAI Cinar v Robinson
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Barry Sookman Lawyer Profile
May 13, 2015 – McCarthy 4th Annual Technology Law Summit
May 8, 2015 – Canadian Music Week Global Forum
May 4, 2015 – IT.Can Spring Program Fundamentals of technology Contracting
May, 2015 – McCarthy Technology Law Summit – Cloud computing
April 30, 2015 – Lexpert Conference - CASL Overview and The Anti-Spam Provisions
April 30, 2015 – ASPER INTLAW CONFERENCE - April 30th, 2015Cybersecurity Challenges and Responses
April 24, 2015 – LSUC 12 minute civil litigator
April 14, 2015 – McT Technology & Innovation Summit: TPP Overview
April 7, 2015 – OBA CASL
April 1, 2015 – McCarthy Webinar: Data Breach
April, 2015 – McCarthy Program CASL: The Good, The Bad, and the Ugly
January 22, 2015 – LSUC 2015 Year in Review
January 15, 2015 – SIIA CASL
June 17 & 18, 2014 – IT.CAN Spring Forum
June 5, 2014 – Toronto Computer Lawyers’ Group: Year in Review
May 9, 2014 – Canadian Music Week Global Forum
April 28-29, 2014 – National Technology Client Summit
April 24, 2014 – Fordham: 22nd Annual Conference on Intellectual Property Law and Policy: Orphan Works
April 17, 2014 – Electronic Retailing Association: CASL webinar presentation on CASL
April 15, 2014 – Canadian Centre for Ethics & Corporate Policy: Complying with Canada’s New Anti-Spam Legislation (CASL)
April 12, 2014 – CIGI Institute for New Economic Thinking: Law and Innovation: Is Intellectual Property a Path to Progress
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April 7, 2014 – OBA: Countdown to Canada’s Anti-Spam Legislation: Make Sure You Are Ready
March 7, 2014 – ALAI Canada: Cinar v Robinson
March 4, 2014 – A Primer for the Legal Committee of the Global Automakers of Canada: CASL, the Final Regulations, the RIAs and the FAQs
February 18, 2014 – CASL webinar presentation for the Canadian Bar Association – British Columbia
February 7, 2014 – CASL presentation for Concordia University
January 16, 2014 – Year in Review: Copyright (2013) for Law Society of Upper Canada (LSUC)
January 15, 2014 – CASL presentation for Software & Information Industry Association (SIIA)
November 13, 2013 – Canadian Institute: Regulatory Compliance for Financial Institutions Best practices for complying with the OSFI B-10 outsourcing regulations
November 7, 2013 – Quebec Bar Association Conference on Anti-Spam Law
October 25, 2013 – IT.CAN Complex IT Service Agreements (Panel)
October 10, 2013 – IP Osgoode, User Generated Content under Canadian Copyright Law: Is the UGC exception in conformity with international treaty standards?
October 8, 2013 – Canadian Publishers’ Council: Canada’s Anti-spam Law (CASL): A Primer for members of the Canadian Publishers’ Council
October 5, 2013 – Association of Canadian General Counsel: Cloud Computing: Security and Privacy Challenges and Legal Risks
September 30, 2013 – Ontario Bar Association TECHxpo 2013, Ethical and Efficient Ways to Use Social Networking in Business Development
September 27, 2013 – Canadian Association of University Solicitors (CAUS) 2013 Conference Canada’s Anti- spam Law (CASL)
September 17, 2013 – US Federal Circuit: Trade and Intellectual Property Issues in Global Recovery Economies: Best Practices, Significant Recent Developments: Internet and Copyright
June 27, 2013 – Toronto Computer Lawyers’ Group: The Year in Review: Developments in Computer, Internet, and E-Commerce Law (2012-2013)
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June 18, 2013 – IT.CAN Spring Program: Representations, Warranties and Indemnities – A Primer (with Helen Aston IBM)
June 6, 2013 – The Six‐Minute Business Lawyer 2013, The Law Society of Upper Canada, Current Issues in Negotiating IT Contracts – Challenges of Cloud Computing
May 24, 2013 – McCarthy Technology Law Summit
May 9, 2013 – CLHIA 2013 Compliance and Consumer Complaints Annual Conference: Putting all the pieces together: Canada’s Anti-spam Law (CASL)
April 5, 2013 – Fordham: 21st Annual Conference on Intellectual Property Law and Policy: Performance Rights in Copyright: Public, Private or “Digital”? Cablevision: How It and Its Doctrines Have Fared Around the World
February 26, 2013 – Justice Canada: Intellectual Property and Information Technology Law Training Day Keynote Address: Legislative and Judicial Approaches to Internet Regulation: Case Study, Canada’s Anti- SPAM Law (CASL)
February 2, 2013 – Canadian Vehicle Manufacturers' Association (CVMA) CASL and its impacts on vehicle manufacturers
January 18, 2013 – York University: presentation on CASL and its impacts on universities
January 10, 2013 – Law Society: 17th Annual Intellectual Property Law, The Year in Review – Copyright
November 3, 2012 – Ryerson, RUIT Conference: Link to Technology Dynamically: Copyright a Year in Review
October 4, 2012 – C.D. Howe Institute: Streaming the Supreme Court on Downloaded Music Royalties: Who Wins, Who Loses, Who Pays?
October 2, 2012 – University of Toronto Law School: ESA v SOCAN
September 20, 2012 – McCarthy Tétrault Law Summit: What Every Business Needs to Know About Technology Law
September 20, 2012 – Law Society of Upper Canada, The Twelve-Minute Civil Litigator 2012: Impact of the Internet on Contract Law and the Principles of Offer and Acceptance (Century 21 Canada v Rogers Communications)
June 28, 2012 – Portfolio Management Association of Canada: Update of CASL
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June 21, 2012 – TCLG: Year in Review: Developments in Computer, Internet and E-Commerce Law (2011- 2012)
June 19,2012 – IT.CAN 2012 IT Law Spring Forum: IP Indemnities – A Primer
June 14, 2012 – LEXPERT: Anti-Spam Presentation
April 25, 2012 – Law Society of Upper Canada: Old Rules for New Issues with New Media: Is There a Gap in IP Law? Employment Law and the New Workplace in the Social Media Age
April 17, 2012 – Law Society of Upper Canada: Commemoration of Holocaust Remembrance Day 2012: Working Through Copyright Issues
February 2, 2012 – Association of International Automobile Manufacturers of Canada: CASL
January 12, 2012 – Law Society of Upper Canada: 16th Annual IP Law, The Year in Review
October 27, 2011 – IT.CAN 15th Annual Conference: “IP Update – Copyright”
October 21, 2011 – Osgoode York University: Copyright Conference: “Can Canada Learn Anything from Europe?”
October 14, 2011 – Canadian Tire conference on CASL
September 22, 2011 – Canada’s Anti-spam Law: Spam & Spyware: Risks in E-Commerce
September 6, 2011 – Osgoode: Intellectual Property Law & Technology Program: Technology Focus: Internet and IT
September 2011 – LEXPERT: Canada’s New Anti-Spam Legislation: A Very Wide Objective, A Very Wide Swath
August 5, 2011 – ABA: Forum on the Entertainment and Sports Industries: CyberRogues and Web Pirates! New Frontier of Counterfeits and Squatters in Film, Fashion & Music
June 15, 2011 – Toronto Computer Lawyers Group: Year in Review: Developments in Computer, Internet and E-Commerce Law (2010 – 2011)
February 3, 2011 – University of Toronto: Understanding Bill C-32, Copyright Modernization Act – Fair Dealing and Related New Exceptions
January 26, 2011 – IT.CAN Quarterly Roundtable Series: Impacts of the New Anti-Spam and Anti-Spyware Legislation (Bill C-28)
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January 13, 2011 – Law Society of Upper Canada: 15th Annual Intellectual Property Law: The Year in Review, Copyright Update
December 8, 2010 – Insight: Rights and Copyright Bringing Canada into the 21st Century – Bill-32: Legal Protection for TPMs
November 24, 2010 – Toronto Intellectual Property Group (TIPG): Here We Go Again: Copyright Reform and Bill C-32
November 17, 2010 – Osgoode Professional Development CLE program, Understanding Bill C-32
November 11, 2010 – ITAC: Implications of Bill C-32 on software and networking November 2, 2010 – McCarthy/Edelman Digital Social Media Summit
October 29, 2010 – IT.CAN 14th Annual Canadian IT Law Association Conference: Recent Developments in IT Law
June 22, 2010 - Ministry of Government Services IT and e-Commerce law, the Year in Review
May 26, 2010 – Toronto Computer Lawyers’ Group: A Year in Review Developments in Computer, Internet and E-Commerce Law (2009-2010)
February 17, 2010 – Liberal Party Roundtable on the Digital Economy: Copyright, Intellectual Property Protection and the Future of Broadcasting in the Internet Age (Ottawa)
January 14, 2010, 14th Annual Law Society Intellectual Property Law – The Year In Review (Copyright 2009)
October 22-23, 2009 – IT.CAN, 13th Annual Canadian IT Law Association Conference, Conference Co-Chair, and Current Trends in Limits of Liability and Indemnification (Moderator)
October 14, 2009 – Woodrow Wilson Center: Internet Piracy: Copyright Law in Canada and the United States
September 30, 2009 - Conference Board: Intellectual Property Rights Roundtable in Ottawa
September 25, 2009 – Woodrow Wilson International Center for Scholars: Copyright Law in Canada and the United States: The Digital Challenge
August 10, 2009 – Halifax Roundtable on Copyright Consultation for Minister of Canadian Heritage and Official Languages
May 29, 2009 – McCarthy Tétrault LLP Anti-Spam Bill Raises Concern (Webinar with Lorne Salzman and Charles Morgan) and E-Commerce Law
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May 19, 2009 – TCLG & E-Commerce Section of OBA: Year in Review, Developments in Computer, Internet
April 30, 2009 – May 1, 2009 – IT.CAN LSUC Annual Spring Training Program
February 23, 2009 – ITAC, Copyright Reform in Canada Bill C-61 – An Overview
January 15, 2009 – LSUC 13th Annual IP Law: Year in Review, Update on Copyrights presentation with Glen Bloom
October 27, 2008 – IT.Can, 12th Annual Canadian IT Law Association Conference, Moderator
October 22, 2008 – Insight Conference: Entertainment Industries Summit: Emerging and Ongoing Canadian Copyright Issues
May 28, 2008 – Conference Board: Intellectual Property Rights Conference: A Catalyst for Innovation
May 14, 2008 – Insight Conference: (Program Chair) Copyright in Canada
April 3, 2008 – Open Innovation/Collaboration: Technology in Bloom, New Developments in Technology Law (OBA)
March 30, 2008 – Insight Conference: (Moderator) Global Licence for the Monetization of the File-Sharing of Music on the Internet
March 21, 2007, Booknet Canada: Technology Forum 2007: Digitization and the Future of Canadian Publishing: The Fight over Copyright
February 28, 2007, Dalhousie Law and Technology Institute: User Rights and Copyright: Right, Metaphor, Red Herring?
January 18, 2008 – Law Society of Upper Canada, 12th Annual IP Law: Year in Review Conference: Are IP Rights Out of Control?
November 20, 2007 – York University, Recent Computer and Internet Law Developments in IP
October 23, 2007, Canadian Institute: (Moderator) Entertainment Industries Summit
September 19, 2007, Ministry of Government Services Commercial Law Group: Risk Issues in Outsourcing
June 27, 2007, Toronto Computer Lawyers’ Group, “The Year in Review: Computer, Internet and E-Commerce Law”
June 15, 2007, Osgoode Hall Law Professional Program, “Copyright Remedies”
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May 23, 2007, Computer Law Association (Host) “Computer Intelligence”
May 14, 2007, 7th Annual IT.Can IT Law Spring Program, “Security and Privacy Issues in Outsourcing Transactions”
March 22, 2007, Canadian Institute: (Moderator) Copyright Reform: Protecting Creators’ Rights in the Digital Age
October 26, 2006 – Insight: Entertainment Industry Summit, Toronto, “Copyright Reform: Bringing Canada Up to Global Standards” (Moderator of Panel)
October 5-7, 2006 – Future of Music: 6th Annual Summit, “Format Wars: Digital Rights Management and Interoperability”
September May 29-30, 2006 – IT.Can: 6th Annual Spring Training, “IT Law Considerations for Online Transactions”
June 23, 2006 – CIO Canada: Outsourcing Summit 2006, “Termination or Remediation ― Resolving a Bad Deal”
May 25-26, 2006 – Osgoode: IP Licence Agreements, “Representations and Warranties in Licence Agreements”
April 23-25, 2006 – International Publishers’ Association: 6th Annual Copyright Symposium, “Tensions in Copyright”
April 21, 2006 – Fordham University: 14th Annual IP Conference, “IP Law and Policy, Canada and Copyright: Rogue State or Role Model?”
April 6, 2006 – Licensing Executive Society: “RIM ATS NTP: “What Happened?”
March 27, 2006 – OBA: Technology in Bloom 2006, “Recent Copyright Developments”
March 24, 2006 – ALAI Canada: “Influence on Canadian Copyright Law”
March 3, 2006 – Rotman School of Business: “Protection for Technological Measures in Canada — What Should Canada Do?”
October 28, 2005 – IT.Can Annual Meeting, “International IT Law Update” (moderator), and debate (with David Basskin) and Professor Kerr and Professor Geist on legal protection for technological protection measures
October 25, 2005 – “Bill C-60 and Copyright Reform in Canada – The Issues, Players, and Moving Forward,” Osgoode Forum
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October 3, 2005 – “Canadian Copyright Reform – An Overview for the Canadian Publishers’ Counsel,”
September 16, 2005 – “Recent Issues in Copyright,” Association of Corporate Counsel, Mount Tremblay
September 16, 2005 – Insight Conference on Copyright Reform (Chair)
September 15, 2005 – “Technological Protection Measures: Do the Anti-Tampering Provisions Go Too Far, or Not Far Enough?” Insight: Copyright Reform in Canada
June 16, 2005 – “To Outsource or Not: Yes, No, Maybe ―– How Will I Know?” CIO Outsourcing Summit
June 1, 2005 – “The Year in Review,” Toronto Computer Lawyers’ Group
May 12, 2005 – IT.Can Spring Training Program (Chair)
April 8, 2005 – “Is Copyright Keeping Up With Changes in Technology?” CBAO Conference on Technology In Bloom
April 8, 2005 – “Distribution Challenges in the Digital Universe,” Law Society of Upper Canada
February 24, 2005 – “Software and Technology Agreements,” Insight Conference
February 15, 2005 – “Sound Bytes, Sound Rights: Canada at the Crossroads of Copyright Law: The Music Industry after BMG v. John Doe,” University of Toronto Conference
February 15, 2005 – “Implications of the Patriot Act on Outsourcing in Canada,” (Chair) IT Canada Roundtable
January 25, 2005 – “Information Outsourcing” CLA Conference (Host)
October 6, 2004 – “Significant Issues in Internet Law,” CASCON 2004
September 20, 2004 – “The implications of the Tariff 22 Decision,” IT.Can
September 19, 2004 – “Internet Liability: The Tariff 22 Case,” CBAO
June 4, 2004 – “Copyright in the Internet Age,” CAB, CCTA Copyright Symposium
June 2, 2004 – “Critical Issues in Outsourcing,” CIO Outsourcing Summit
May 31, 2004 – “Computer and Internet Law: A Year in Review,” Toronto Computer Lawyers’ Group
May 26, 2004 – “Protecting Intellectual Property Rights in IT Products” (Moderator of panel), IT.Can Spring Training Programme
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May 26, 2004 – “Originality in Copyright Law” (Moderator of panel) ALAI Conference
May 11, 2004 – “Law and Politics of Open Source,” University of Toronto
April 6, 2004 – “The implications of the CCH v. Law Society Case for Canadian Publishers,” Canadian Copyright Institute AGM
March 30, 2004 – “Internet Jurisdiction,” Netlaw
February 25, 2004 – “New and Changing Business Models for Distribution of Music and Other Content,” MIT/Schulich Enterprise Forum
February 7, 2004 – “IP issues in Public Procurements,” the IP Procurement Conference
October 24, 2003 – IT.Can “Developing Interoperable and Competing Products Under Copyright and Trade Secret Law”
October 14, 2003 – Dalhousie University, Law and Technology Eminent Speaker speech “Influence of American Copyright on Canadian Copyright Law”
October 2, 2003 – IT.Can Moderated Talk on Electronic and Internet Evidence
May 28, 2003 – Toronto Computer Lawyers’ Group “IT-Internet Law – The Year in Review”
May 13, 2003 – IT.Can “Internet Law Update”
May 14, 2002 Toronto Computer Lawyers’ Group – “Annual Computer/Internet Year in Review”
May 5, 2003 – CIO Summit panellist on Legal Issues in Outsourcing
March 4, 2003 – 45th Circuit “Enforceability of On-line Contracts”
January 21, 2003 – ALAI Canada “Influence of American Copyright Law in Canada”
May 29, 2002 Insight –Jurisdiction and the Internet
April 22, 2002 CCCA Conference – Protecting Intellectual Property Rights in the Canadian and International Market Place
April 6, 2002 IT.Can Conference on Managing and Minimizing Foreign Jurisdictional Risks on E-Commerce
March 21, 2002 NetLaw Conference – E-Commerce
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January 24, 2002 Chair IT.Can Roundtable on Privacy
December 5, 2001 Canadian Institute – Structuring IP Licence Agreements
November 7, 2001 CBAO – Privacy - What is Personal Information?
June 20, 2001 Canadian Institute – E-commerce Issues
June 2001 Osgoode Hall Law School – Commercial Legal Drafting in E-Commerce
March 26, 2001 Canadian Bar Association – Internet and E-Commerce
March 8, 2001 Net Law Conference – chaired conference and gave speech on E-Commerce Legislation
February 12, 2001 Canadian Institute – Due Diligence in Internet and E-Commerce Transactions
January 15, 2001 – Law Society Conference on Protecting Intellectual Property in Information Technology Assets (chaired conference)
December 6, 2000 Canadian Institute – Structuring IP Licence Agreements
November 15, 2000 Canadian Institute – Privacy Protection in Canada
November 10, 2000 University of Waterloo – Incorporating Privacy into Security Domain
October 31, 2000 Insight – Legal Framework for E-Commerce Transactions
October 26/27, 2000 Fried Frank in New York – Critical Issues for General Counsel: Emerging Issues in Technology Law
October 19/20, 2000 IT.Can – From Bricks to Clicks: E-Business, Moderated Panel on International Internet Regulatory Issues
October 11, 2000 Institute for International Research – E-Commerce Law: Implementing Legally Compliance E-Commerce Programs to Mitigate Risk and Reduce Loss
October 4, 2000 Ontario Chapter of Risk & Insurance Management – Cyber-Risk: E-Commerce and Risk Management
September 26, 2000 Institute for International Research – Privacy 2000 Conference – Developing a Privacy Policy for Your Internet Site that Fosters Customer Confidence and Ensures Compliance with Legislation
September 22, 2000 Marsh Canada – Liabilities Arising from Internet and E-Commerce (E-Commerce)
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September 7, 2000 University of Toronto Centre for Innovation Law & Policy – E-Commerce Legislation in Canada
June 27, 2000 Canadian Institute – Intellectual Property On-Line
June 2, 2000 Canadian German Association – E-Commerce Law Issues
May 26 2000 McKinsey & Co. – gave speech to McKinsey clients on Turbo Charging Internet Businesses
May 9, 2000 Toronto Computer Lawyers’ Group – Caselaw Update
May 4, 2000 IT/CAN Law Association – Bill C-6, Privacy and Internet Issues
March 31, 2000 - Public Key Infrastructures (PKIs): Practical and Legal Considerations for Maintaining Privacy and Confidentiality in E-Commerce - Netlaw 2000 Conference
March 31, 2000 Canadian Institute – Netlaw Conference – Public Key Infrastructures and E-Commerce
March 22, 2000 INFONEX – Minimizing and Managing Risks Involved in Internet Commerce
March 19, 2000 INFONEX – Bullet-Proofing Your On-Line Business
January 28, 2000 Canadian Bar Association Institute – Developing and Implementing Privacy Policies
January 27, 2000 - Security of Information on the Internet – CBAO
January 27, 2000 Canadian Bar Association Institute – Security of Information in E-Commerce Transactions
December 9, 1999 - Liability Without Leaving Home: The Law of the Internet - The Canadian Institute
November 19, 1999 - Knowledge-Based Businesses: The Businesses of the Future - Pitblado Lectures - The Law Society of Manitoba
October 14-15, 1999 - Bill C-54: Sharing Information and Targeting Customers - Insight Second Annual 1999 Advertising Forum
September 13, 1999 - Security and Confidentiality Issues in E-Commerce - The Institute for International Research
June 17, 1999 - Protecting Intellectual Property Rights in E-Commerce - First Joint Canadian IT Law/CLA Conference (Moderator)
April 12, 1999 - Privacy and Security Issues in E-Commerce - Netlaw Conference
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March 25, 1999 - Legal Issues Involving E-Commerce and the Internet – CBAO
February 24, 1999 - Information and Data Privacy – E-Commerce in the Year 1999
February 23, 1999 - Legal Issues Related to the Year 2000 - Infonex Conference (Chair)
February 9, 1999 - Information Technology Law Up-Date – gave speech to the Toronto Computer Lawyers’ Group
November 30, 1998 - The Law of E-Commerce, Strategy Institute
November 26, 1998 - E-Commerce, Second Annual Canadian Information Technology Law Conference
November 5, 1998 - Commerce on the Internet: Legal Issues, Paper on Corporate Internet Policies (Chair of Conference)
October 20, 1998 - Copyright and Content Issues on the Web, International Trademark Association Annual Meeting
October 6, 1998 - Contracting for Information Technology, Osgoode Hall Law School
September 24, 1998 - Outsourcing Contracts Conference, Federated Press (Chair)
June 22, 1998 - Intellectual Property in the Digital Universe, Infonex (Chair)
April 18, 1998 - Copyright and the New Digital Agenda, New Developments in Communications Law and Policy: Towards the Millennium, Law Society of Upper Canada
March 2, 1998 - Contracting for Information Technology - Outsourcing Agreements, Osgoode Hall Law School Professional Development Program
February 24, 1998 - Expert Purchasing of Information Technology, Federated Press (Chair)
January 29, 1998 - Doing Business Over Global Networks - CBAO Ontario
November 27 and 28, 1997 - co-chaired and organized first Canadian conference of the Information Technology Canada Law Association
September 17, 1997 - Osgoode Hall Law School Continuing Legal Education Programme - Organized and chaired conference on “Doing Business on the Internet”
September 10, 11, and 12, 1997 - ITU Conference Switzerland – “Jurisdiction and the Internet”
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June 13, 1997 - Dayton School of Law – “Jurisdiction and the Internet”
June 3, 1997 - Canadian Business Press – “Legal Issues Involved in On-Line Publishing”
April 29, 1997 - Infonex - "Intellectual Property Issues for Business Agreements”
April 24 & 25, 1997 - Computer Law Association Washington - "Legal Developments in Information Technology and Communications in Canada”
March 25, 1997 - Osgoode Hall Law School Continuing Legal Education Program - "Legal Implications of Doing Business over the Internet"
March 7, 1997 - "Legal Issues Related to the Internet" (Canadian Music Week)
January 14, 1997 - Speech to Toronto Computer Lawyers’ Group - "Recent Developments in Information Technology Law”
October 30, 1996 - York University, Osgoode Hall Law School - "Copyright and Information Technology"
April 18, 1996 - Thomson & Thomson Forum - "The Impact of New Technologies on Copyright"
April 9, 1996 - Toronto Computer Lawyers' Group - "Case Law Update"
March 21 & 22, 1996 - National Intellectual Property Law Institute - "Strategic International Issues in Enforcing Copyright Issues in Computer Software"
February 23, 1996 - Moderator Colloquium of ALAI Canada on Multi- Media and Information Highways
February 1, 1996 - Canadian Business Press Seminar - "An Editor's Guide to Going On-Line"
June 19 & 20, 1995 - Insight Conference - "The Business of Licensing and Merchandising Legal and Practical Issues for Successful Licensing"
March 29, 1995 - Infonex Conference - "Software and the Electronic Distribution of Information Products"
June 9, 1994 - University of Dayton School of Law Conference on Significant Developments in Computer Law - "An Outsider's View of United States Copyright Protection for Software"
Erin Finlay Guest Speaker Profile
Canadian Media Producers Association Chief Legal Officer
Biography Erin Finlay is the Chief Legal Officer at the Canadian Media Producers Association (CMPA) where she provides legal advice and strategic direction on a wide range of matters, including business affairs, CRTC regulatory proceedings, Canada Media Fund policies and guidelines, intellectual property and the changing role of copyright in our ever-shifting media landscape. In her professional capacity, Erin is a member of the Board of Directors of the Canadian Retransmission Collective, the Producers Audiovisual Collective and ISAN Canada. Prior to joining the CMPA, Erin was General Counsel and Director of Legal and Government Relations at Access Copyright, where she directed the prosecution of complex copyright enforcement litigation, tariff-setting proceedings before The Copyright Board of Canada and related judicial review applications and appeals to the Federal Court of Appeal and the Supreme Court of Canada on behalf of the organization’s author and publisher members. Prior to her time at Access Copyright, Erin was an intellectual property and entertainment lawyer at Cassels Brock & Blackwell LLP. Erin is a graduate of Queen’s Law and holds a Masters of Law with a specialization in intellectual property law from Osgoode Hall Law School.
Kristina Verner Guest Speaker Profile
Waterfront Toronto Vice President, Innovation, Sustainability & Prosperity
Biography Kristina Verner is the Vice President, Innovation, Sustainability & Prosperity for Waterfront Toronto, where she is responsible for a variety of strategic initiatives for one of the world's preeminent revitalization initiatives. She is a core Waterfront Toronto team member engaged on the Sidewalk Toronto Project with Alphabet's Sidewalk Labs.
Verner is active both nationally and internationally in the smart city movement and serves Board of Directors for the Intelligent Community Forum Foundation and ICF Canada.
Previously, she led various aspects of the Connecting Windsor-Essex Smart Community, securing significant funding to support region’s smart city efforts, facilitating cross-sector collaboration and innovation. In 2011, she lead the bid that resulted in Windsor-Essex as one of Top 7 communities in the world by the Intelligent Community Forum. In 2013 and 2014, under her stewardship, Waterfront Toronto led the bid to have the City of Toronto recognized in both the Smart21 and Top 7. In 2014, Toronto was selected as the Intelligent Community of the Year.
In 2012, Verner was honoured to receive the Queen Elizabeth II Diamond Jubilee Medal for her leadership and commitment to the creation of intelligent communities and collaborative ecosystems that support the transparent, connected, vibrant communities and economies that will foster national prosperity.
Catherine Samuel Lawyer Profile
TITLE OFFICE LAW SCHOOL
Partner Calgary University of Saskatchewan, LLB, DIRECT LINE 1998 403-206-5528 BAR ADMISSIONS E-MAIL Alberta, 1999 [email protected] British Columbia, 2004
Biography Catherine Samuel is a partner in the Business Law Group and Technology Group in Calgary. She is also the Regional Chair (Alberta) of the firm’s Franchise & Distribution Group. Her practice is broadly based with an emphasis on complex M&A and commercial transactions, including private equity, acquisitions and divestitures, reorganizations, joint ventures, strategic projects, procurement, IT and outsourcing transactions.
Catherine acts for Canadian and international clients in the energy, telecommunications, technology, retail and financial services industries. She has extensive experience acting on cross-border transactions. She recently acted for a large diversified oil and gas company on a global shared IT infrastructure outsourcing arrangement with multiple service providers, a US private equity fund on its acquisition of a Canadian oilfield equipment manufacturing business and a global mining company in connection with a USD $1 billion disposition of certain Canadian businesses. With respect to franchising and distribution law, Catherine advises clients on distributorships and related agreements and on franchise disclosure requirements.
Catherine has worked in both our Vancouver and Calgary offices. She gained valuable industry experience during a one-year secondment with the legal and commercial group of a leading global consulting, technology services and outsourcing firm.
Catherine is very active within the firm and participates on the Diversity Committee, the Professional Resources Committee, and the Recruiting Committee. In 2009, Catherine was selected in Lexpert magazine’s Rising Stars: Leading Lawyers Under 40.
Catherine is a member of the Law Society of Alberta, Law Society of British Columbia, Canadian Bar Association and Calgary Bar Association, and has served as a mentor for the University of Calgary’s Venture Legal Clinic.
Catherine received her BA in English from the University of Toronto in 1992, followed by an LLB (with Distinction) in 1998, from the University of Saskatchewan where she was a recipient of the Law Society of Saskatchewan Prize in Professional Responsibility and the Canadian Petroleum Law Foundation Prize in Natural Resources Law. She was called to the Alberta bar in 1999, and the British Columbia bar in 2004.
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Catherine Samuel Lawyer Profile
TRANSACTIONS & CASES
Catherine advises public and private companies on commercial arrangements, mergers, acquisitions and divestitures, outsourcing and technology-related matters, including licensing, reseller and distribution agreements, onshore and offshore BPO and IT outsourcing transactions, e-commerce and privacy issues, and franchise-distribution matters including franchise disclosure requirements. She also has experience acting for private equity firms and with the financing of public and private companies through prospectus and private placement distributions of equity and debt securities. Highlights of her recent experience include:
¬ Acting for a significant energy company on the competitive procurement of outsourced application maintenance and application development services;
¬ Canadian counsel to a US private equity group on the acquisition of a Canadian-based oilfield equipment manufacturing business;
¬ Acting for a large oil and gas company on a multi-vendor shared IT infrastructure global outsourcing arrangement, including subsequent negotiation of related affiliate agreements in multiple foreign jurisdictions;
¬ Negotiating and drafting a complex long-term services arrangement on behalf of an electric utility for an 800-megawatt natural gas and steam power plant facility;
¬ Canadian counsel to global mining company in connection with the USD $1 billion disposition of its global grinding media business and Canadian steel mill and related businesses;
¬ Negotiating and drafting a novel lottery services joint venture arrangement involving the distribution of lottery products and related services using POS payment devices;
¬ Canadian counsel to a US purchaser on the acquisition of a Canadian advertising, marketing and media company;
¬ Acting for a technology supplier in respect of an advanced metering infrastructure (AMI) transaction involving the procurement of an AMI system and related services by an electric utility;
¬ Acting for a major pipeline company on a strategic offshore IT outsourcing transaction;
¬ Providing advice on the acquisition of a technology company, including conduct of IP-related due diligence;
¬ Advising a customer care service provider on various commercial technology arrangements, including licensing, hosting and reseller arrangements, as well as customer arrangements related to the provision of IT services;
¬ Negotiation of a business process outsourcing on behalf of the supplier;
¬ Acting for an internet services company with respect to end-user commercial arrangements and supply agreements with local access service providers, internet service providers and application service providers;
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¬ Providing ongoing contract management advice to a global management consulting firm on an IT services outsourcing arrangement and with respect to various commercial technology arrangements, including licensing, hosting and reseller arrangements, as well as customer arrangements related to the provision of IT services; and
¬ Providing advice on various privacy matters.
Jason D. Kim Guest Speaker Profile
National Bank Financial Managing Director, Mergers & Acquisitions
Biography Jason has over 14 years of M&A advisory and corporate finance experience, including a broad range of domestic, cross-border and international transactions including buy-side, divestitures, hostile defence, restructuring, fairness opinion and advisory assignments across various industries.
Prior to joining National Bank, Jason headed up corporate development and financial strategy at Shred-it, a former private equity owned company which was sold to a US-pubco. Prior to that, Jason spent 11 years at a Tier I Canadian investment bank predominately in the M&A group, as well as the Power & Utilities and Merchant Banking groups, and also advised clients in the mid-market space.
Jason holds an MBA degree from the Rotman School of Management and a Hon.BSc degree from the University of Toronto.
Nicole D. Springer Guest Speaker Profile
Pure Technologies GC & Corporate Secretary SVP Corporate Services
Biography Nicole joined Pure Technologies as its first general counsel in June 2014, responsible for all legal, compliance and governance matters relevant to a small but global and growing technology company. In 2016, Nicole’s portfolio expanded to include other aspects of the business including People Services, HS&E and others. In early 2018, Pure Technologies was acquired by Xylem, a US public company headquartered in Rye Brook, NY, now with 17,000 employees globally and ~USD$4.2B in revenues.
Prior to joining Pure Technologies, Nicole was General Counsel and Corporate Secretary of Axia NetMedia Corporation, another public technology company in Calgary for 8 years and prior to that, she was an associate in the Business Law Group at McCarthy Tétrault.
Nicole holds a BA from the University of Saskatchewan and a law degree from the University of British Columbia. Nicole has been an active community member and spent 7 years on the Board of the Women in Need Society.
Your Technology Law Resource Leading the Way in the Canadian Market
At McCarthy Tétrault, our legal teams understand the nuances of IT law in relation to different industries, and are tailored specifically to our clients’ specialized needs. We have the breadth of experience, having worked with multinationals, technology start-ups and outsourced businesses, on everything from first round financings to IPOs.
Our success is directly linked to our clients’ success and satisfaction. We follow defined processes to deliver exceptional quality and value. We focus on our clients’ objectives and expectations, and configure our resources to address the unique requirement of each situation to provide cost-effective and practical solutions in addition to leveraging our vast body of recent, well-crafted precedents developed through our deep sense of market trends. We follow through to achieve the goals set out by our clients to deliver a better experience and better results. How We Can Help
McCarthy Tétrault is the premiere choice for technology law, offering national presence, with local expertise in:
− Canadian inbound US and international financing transactions and tech M&A − Business process and information technology outsourcing service agreements and e-commerce matters − Technology licensing, distribution and alliance agreements − Global rollouts for Canadian technology companies − Intellectual property rights protection, registration and licensing − Protection of personal information in the public and private sectors − IT system development and integration projects We regularly advise on the most complex transactions and cases involving Canadian and foreign interests.
Reputation for Excellence
− Band 1 for Information Technology expertise – Chambers Global, Chambers Canada − Ranked in Tier 1 for Technology and Telecoms expertise – Legal 500 − Recognized for leading expertise in Computer & IT Law in each Vancouver, Toronto and Montréal – Canadian Legal Lexpert Directory − Recognized for leading expertise in Technology Transactions in each Vancouver, Toronto, Montréal, and Québec City – Canadian Legal Lexpert Directory
Contact Us
VANCOUVER CALGARY TORONTO MONTRÉAL David Crane Catherine M. Samuel George S. Takach Charles S. Morgan [email protected] [email protected] [email protected] [email protected] Debra J. Finlay Barry B. Sookman Véronique Wattiez Larose [email protected] [email protected] [email protected] Daniel G.C. Glover [email protected]
McCarthy Tétrault LLP
McCarthy Tétrault LLP mccarthy.ca
Some Recent Client Success Stories
TECH M&A
Vista Equity Partners Pure Technologies BCE Inc. Counsel to Vista Equity Partners in the Counsel to Pure Technologies in its Counsel to BCE in its acquisition of acquisition of Obero Technologies Inc. acquisition by Xylem Inc. AlarmForce Industries Inc. by Xactly Corp.
DATA Communications Drew Marine UK Holdings Ltd. Eddyfi NDT Inc. Management Corp. Counsel to Drew Marine UK Holdings Counsel to Eddyfi NDT in the Counsel to Communications in connection with its acquisition of acquisition of Plant Integrity Limited’s Management in its acquisition of Skytrac Systems Ltd. from Roynat “Teletest” business and various assets Bolder Graphics Capital by Eddyfi NDT Inc.’s UK subsidiary, Silverwing (UK) Limited
Carmanah Technologies Gaming Laboratories Inc Kadant Inc Corporation Counsel to Gaming Laboratories in its Counsel to Kadant in its acquisition of Counsel to Carmanah Technologies in acquisition of NMi Metrology & the forest products business of NII Gaming Ltd. and related gaming its acquisition of Vega Industries FPG Company Limited assets
Turn, Inc. Fusion Telecommunications Lenders Counsel to Turn on the Canadian International Counsel to the lenders to Vista Equity aspects of its acquisition by Amobee Counsel to Fusion Partners in Vista’s acquisition of D+H Telecommunications in its acquisition Corporation by way of plan of of the Cloud and Business Services arrangement unit of Birch Communications
Hyperwallet Systems Inc. Navtech TrueBlue Inc. Counsel to Hyperwallet Systems in Counsel to Navtech in its acquisition Counsel to TrueBlue in acquisition of ongoing M&A, Labour, and Regulatory by Airbus Group recruitment process outsourcing matters business unit of Aon Hewitt
Synopsys Bambora Group Euronet Worldwide Counsel to Synopsys on its acquisition Counsel to Bambora in its acquisition Counsel to Euronet in its acquisition of of Protecode of Beanstream from Digital River XE Corporation
NVIDIA Orbcomm Hit Technologies Counsel to NVIDIA in its acquisition of Counsel to Orbcomm in its acquisition Counsel to Hit Technologies in its Transgaming’s cross platform of Skywave Mobile Communications merger with Friday Capital Inc. portability technology
Slyce Inc. NYX Gaming Group Limited CGI Counsel to Slyce in its acquisition of Counsel to NYX Gaming Group in its Counsel for CGI in its acquisition of BuyCode Inc., the Israeli developer of acquisition of Ongame Network Solutions Only Financial Technologies the Pounce shopping app Limited from Amaya Gaming Group
McCarthy Tétrault LLP mccarthy.ca
TECH FINANCE
Clearspring Capital Partners Enablence Technologies Inc. LeddarTech Inc. Counsel to Enablence Technologies in Counsel to LeddarTech in its Series C Counsel to Clearspring Capital in its its offering of debentures by way of Financing Round equity financing for Telecon Inc. private placement
TECSYS Inc. NVIDIA Corporation TD Securities Counsel to TECSYS in its bought deal Counsel to NVIDIA, one of the Counsel to TD Securities and a financing and secondary offering investors, in Element AI’s Series A syndicate of agents in Shaw Funding Round Communications’ senior note offering
Hit Technologies Inc. Fairfax Financial Holdings Limited Counsel to Hit Technologies in its Counsel to Fairfax Financial in Averna Technologies private placement of secured Blackberry Ltd.’s debt restructuring Counsel to Caisse de dépôt convertible debentures
Cogeco Shaw Communications Corus Entertainment Counsel to underwriter in Gestion Counsel to underwriter in offering of Counsel to underwriters in equity Audem’s private placement of Cogeco senior notes financing of Corus shares
IMAX China Holding Allocadia Software Vivametrica Counsel to IMAX China Holding in Counsel to Allocadia in venture capital Counsel to Vivametrica in private connection with its IPO in the Hong financing placement of common shares Kong Exchange
Highbridge Principal Strategies Kambo Green Solutions CO2 Solutions Counsel to Highbridge in providing Counsel to Empresario Capital Counsel to CO2 Solutions in its acquisition financing to UrtheCast to Partners in its investment in Kambo private placement acquire Deimos from Elecnor
TECH OUTSOURCING
Crown Corporation Crown Corporation Engineering Outsourced health services/provider Outsourcing of contact centre Global IT outsourcing system management system
Recreational Vehicles Financial Services Financial Institution SAP ERP Implementation Cross-border IT project services IT outsourcing
Financial Institution Provincial Government Agri-food Producer Telecom Service renewal ERP implementation Full IT outsourcing
Oil & Gas Provincial Government Financial Institution Competitive procurement of systems Systems integration services for Competitive procurement of BPO integration services for an IT warehouse and workforce services transformation project management system
Provincial Government Provincial Government Oil & Gas Outsourcing of workplace technology Outsourcing of facilities management SaaS agreement for energy savings services services and verification product
McCarthy Tétrault LLP mccarthy.ca
Publishing Company Electronic Trade Marketplace Financial Institution Core platform systems integration and Core platform systems integration and Renewal of enterprise software hosting hosting licensing and SaaS agreement
Crown Corporation Competitive procurement of Crown Corporation replacement of key IT systems, Consumer products Infrastructure and operations including transition management Call centre services modernization program services and systems integration services
Aerospace and transportation Global IT outsourcing for Services Digital and media Crown Corporation Integration, ITaaS, Service Desk, IT outsourcing for servers, service IT services Workplace Compute, Network, Voice, desk, network, applications Applications and other IT services
Provincial Government Recreational vehicles Financial Services Outsourcing of contract centre IT outsourcing for IT project services Services desk and applications services
Financial Institution Financial Institution Provincial Government Upgrade of network and Internet Renewal of processing services Application management services services agreement
Oil & Gas Financial Institution Development and systems integration Financial Institution Project management services project with WAMS, with respect to Procurement of hosting services agreement the replacement of a work asset management system
Unparalleled Knowledge on Technology Law
Our computer and information technology law practice is led by lawyers who are among the country's foremost authorities. Among their publications:
– Halsbury’s Laws of Canada – Communications, a definitive text setting out the laws on regulating telecommunications, broadcasting and radio-communications in Canada, co-authored by Charles Morgan
– The leading three-volume text entitled Sookman: Computer Law: Acquiring and Protecting Information Technology by Barry Sookman is the only current source of Canadian information that comprehensively analyzes these issues
– Computer Law, by George S. Takach, a leading text on this ever-changing and complex area of law
For news and insights on technology, intellectual property and privacy laws follow us on Twitter at @MT_TechLaw or subscribe to our blogs snIP/ITs and CyberLex.
McCarthy - Technology Law Summit
Clay Calhoun Partner, ISG Sourcing Solutions
Proprietary and Confidential ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved.
Five Mega-trends impacting the Market
50% to 70% of 20% to 40% of labor Agile Enterprise Digital becomes The Internet of enterprise removed through becomes the The Business Things (IoT) workloads are extensive dominant operating as IT helps Revenue swallows Enterprise As-a-Service Automation model Generation Engine IT and moves to integrated Platforms
SECURITY ● SECURITY ● SECURITY ● SECURITY ● SECURITY ● SECURITY ● SECURITY ● SECURITY ● SECURI
ISG Confidential.Confidential.© © 2017 InformationInformationServices Services Group, Inc. All RightsRightsReserved. Reserved. 2
ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. Context of Automation t n e m e g d u
J Human s s e x e c l p o r
m AI o P
C f o
e Cognitive p y d T e
s Robotic a B
s Process e l
u Automation R
Structured Semi-Structured Unstructured Type of Input Data
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Automation Maturity Model
The world of RPA and wider Automation Tech is developing before our eyes and our clients are at varying stages of development. Many are just beginning their RPA journey, some have developed an initial pilot, while some have already commenced global implementation and are now looking at Cognitive. We have mature and proven services designed to support clients through each of these 4 stages of the lifecycle:
Stage 4 – Transform Stage 3 – Growing Stage 2 – Capability & ROI Understand & Stage 1 - Pilot Embed
Increase scope of Deliver Differentiated Replicate & Ramp- Automation Establish possibilities Performance Capability Up .Initial implementation of appropriate .Uncover & implement new technologies .Wholesale redesign of an organization processes .Adoption of process automation as a to further automate the business Approach using process automation as a core .Highlights likely benefits on your actual general working tool .Widen the scope of automation to tasks capability systems & processes that require cognitive capability .Builds/ increases internal awareness of .Front & Middle office now become more Organisational .Transforms roles to focus on human- automation .Frees up time at an individual level open to automation impact centric tasks .Seeing what RPA can do helps with .May eliminate roles in specific areas .Additional roles needed in CoE such as .General reduction in resource numbers removing fear CX & closer alignment with IT .Increases processes now automatable by .Increases process speed and reliability 20-50% .Major process transformation .Informs initial business case Business impact .Reduction in specific costs .Lays foundations for end to end digital .Major cost reduction interaction
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ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. Traditional Data Center Operations
Many of our client’s IT operating model may look very similar to the graphic below. Mature process automation tools are already in place and there are well defined operational and engineering roles and responsibilities.
Incident, Change, Capacity, Storage Physical Database Network Release, Server Monitoring Availability, Monitoring & & Middleware Monitoring & Knowledge & Management Lifecycle Planning Management Operations Management Management
Operations, Engineers, Experts
Cognitive & Automation Technologies
Internally Developed Mature Process software Automation Tools
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Cognitive & Automation Technologies Impact
Future State Operating models are augmented by deploying “smart” manager of managers technologies. These technologies use branches of artificial intelligence in order to evaluate data, visualize information and patterns, and take automated actions. Incident, Change, Capacity, Storage Physical Database Network Release, Server Monitoring Availability, Monitoring & & Middleware Monitoring & Knowledge & Management Lifecycle Planning Management Operations Management Management
Operations, Engineers, Experts
Cognitive & Automation Automation Technologies Engineering Team
Internally LessDeveloped emphasis on the underlying process automation tools, and more Mature Process software Automation emphasis on intelligent workflows, management, automated actions and Tools resolutions and machine “understanding” of the environment. These technologies make use of Expert Systems and Machine Learning capabilities
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ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. Disruption & Transformation through Automation
Percentage job markets will be automated McKinsey predicts that over the next 10 years the work of up to 140 million knowledge workers may be handled by cognitive robotic process automation systems
Various sources are quoting that 50% of major organizations are either already taking advantage of or considering using AI in the next 5 years
Chatbots are already taking over according to BI Intelligence, with over 55% of Americans having had at least one interaction with one
Forrester believe that 10% of major organizations will have an AI algorithm on their board of corporate directors by 2025
But fear not, future tech has so far created as many jobs as it has displaced, and this is likely to continue at least in the next 5 to 10
Source: Venux.com years
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ISG’s Automation Index shows the real impact of Automation
Service Providers are committing to unseen levels of productivity and cost savings based on the implementation of their automation frameworks.
Cost Impact > 65%
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ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. Considering a Functional Level View of Potential Impact
Incidents Automated Categorized Diagnosis
21% 36.985 Remainder Unclassified Automated Resolution Automated Escalation 316 22,993 L2 Manual 23,350 79% Database Automatable 36.985 Top 25 175,053 Unclassified Infrastructure Incidents + Database 205 Incident 22,993 L2 Types 91,725 Manual Infrastructure 11,325 128 Automatable L1 38,065 Manually 51 Resolved L1 15 L0 459 FTEs Before 256 FTEs After Automation Automation
*Source: IPsoft
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Example Future State Tech
ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. Image Recognition
Image Interesting Tech Parties Recognition
Process Characteristics Time & Complexity to implement • Scanned images, anything from invoices, contracts to forms • Invoice template between 0.5 and 1 day per template • Takes images and converts into digital data including searchable PDF’s • Small amount of form templates a week • Best solutions are 95% + accuracy of text data / 70% + on boxed handwriting • Need specialist training to complete this task, but is teachable to partners • ID & V, so taking scans of passports etc using smartphone cameras • Can generally be deployed via cloud or on premise • Potentially used in claims for insurance damage, but not wide spread usage yet
Likely Process Candidates Whose using it? • Invoice processing in F&A • PepsiCo Automated their Invoice Processing with ABBYY FlexiCapture • Any process with a form or scanned image that needs indexing • Anyline scans water meter readings and safely transmits data for further statistics • ID&V and surveillance. • Census type process • Google now allow you to use an image as your search criteria • Indexing of incoming scanned images
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Natural Language Processing Natural Language Interesting Tech Parties Processing
Process Characteristics Time & Complexity to implement • Unstructured digital text, not from scanned images without OCR • Complexity depends on the body of text to review and the likely number of intents • Reads the text and through training understands the intent of the request • A note in a CRM system with a few intents might take a week, but customer emails • Can deliver this intent in a structured way in order to push into a RPA process a little longer, and a Celaton type delivery months • Celaton works with incoming emails only • Will need additional training, however starting is reasonably simple
Likely Process Candidates Whose using it? • Virgin Trains have automated their inbound complaint emails for delayed Trains • Any process where there is unstructured text using Celaton, reducing agent handling time from 18 min to just 3 min • Change of x, y, z coming through in an email • Using the Artificial Solutions NLP engine, Shell has created an interface for it’s B2B • Unstructured notes in CRM systems looking for intent customers to place and check order statuses • Customers inbound email • ISG has used IBM Watson in some of it’s RPA deployments in order to understand the intent in unstructured text so that RPA can complete a process, previously not automatable.
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ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. Cognitive Reasoning
Cognitive Interesting Tech Parties Reasoning
Process Characteristics Time & Complexity to implement • When decisions needing to be made based on documented knowledge • Specialist help needed from vendor for our early implementations • Can include either a conversation or a number of simultaneous inputs • 4 to 8 weeks to implement a general process • When you need to know “why” a decision was made • Conversational reasoning more time consumer to implement than fixed input • When digital data is available for training • CognitiveScale can set up in 10 hours, pilot in 10 days and implement in 10 weeks
Likely Process Candidates Whose using it? • Law – based on criteria, are you breaking the a law • Rainbird was integrated with IBM Watson to deliver a chatbot that can solve over • Risk – based on criteria what is your risk one hundred different trajectories of enquiry in one International bank • When an RPA process deployment needs a decision to be made • Standard Bank used Workfusion to automate it’s loans process reducing customer • When data is available to be ingested and outputs could add value to the business timescales down from weeks to days for most customers
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Conversational AI
Conversational Interesting Tech Parties AI
Process Characteristics Time & Complexity to implement • When a conversation is needed either with a customer or fellow staff member • Both time & complexity differ depending on products • High volumes, only create journeys for top contact reasons • Product aside the success is all down to the implementation • Needs documented knowledge to leverage the answers to top questions • Once journeys are created you should be able to use them across channels, using • Could be Voice or Text, mainly text interactions previously speech to text (Nuance IVR into Watson Conversation as an example)
Likely Process Candidates Whose using it? • Online Customer Service / Replacing Online Chat or Social interactions • Amazon Alexa’s now has over 10K skills from Brands such as Starbucks, GE • HR Services Appliances and Dominos. • IT Service Desk • SEB Bank are using IPsoft Amelia internally for answering Service Desk queries • Self service from the home using tools like Amazons Alexa • NanoRep is helping Vodafone, RBS and Thomas Cook and others with automated online support
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ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. Data Extraction & Analysis Data Extraction & Interesting Tech Players Analysis
Process Characteristics Time & Complexity to implement • Large text or numerical data sets looking for set criteria or recurrence • Data extraction and pattern recognition depending on training data can pilot in • Usually lots of heavy lifting needed by reading lots of different documents weeks, but longer to implement. • Pulling put bits of info from large text data sets like contractual clauses • Data being available and in right format usually what takes most time • Highlighting numerical movement patterns, such as money moving accounts • Specialist help needed from vendors to implement, although Watson can be picked up easily by an RPA skilled developer relatively easily
Likely Process Candidates Whose using it? • Procurement in the contracting space • ISG are using Watson to complete contract analysis & review best practice for • Legal reviewing of cases & documents looking for specifics legal clauses in a number of contractual areas • Financial fraud detection through pattern matching in the case of Datamatics • Datamatics uses millions of financial transaction data to help spot patterns in • Heavy lifting of finding similar presidents in legal cases money transfers helping this global financial institution spot fraudulent activity. • Various Legal firms saved hundreds of man hours using RAVN
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Natural Language Generation Natural Language Interesting Tech Parties Generation
Process Characteristics Time & Complexity to implement • Large numerical data sets where you need to summarise performance with text • NLG is one of the more difficult technologies to implement • Numerical data needs to be digitised • Lots of training using data sets need • Not text based – Does not generate text from text • Expect between 3 & 6 months for a simple to complex automation • Reusable model, something that repeats reasonably regularly • Likely needing to use 3rd party rather than ISG resource for development
Likely Process Candidates Whose using it? • Month end and Quarter end reporting • Narrative Science is used by Forbes to write up company performance data • Reporting to the markets on company performance following results being published to the city. • Financial health audits • The MET Office uses Arria to provide analysis on future weather predictions based on numerical weather pattern data
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ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. ISG (Information Services Group) (NASDAQ: III) is a leading global technology research and advisory firm. A trusted business partner to more than 700 clients, including 75 of the top 100 enterprises in the world, ISG is committed to helping corporations, public sector organizations, and service and technology providers achieve operational excellence and faster growth. The firm specializes in digital transformation services, including automation, cloud and data analytics; sourcing advisory; managed governance and risk services; network carrier services; technology strategy and operations design; change management; market intelligence and technology research and analysis. Founded in 2006, and based in Stamford, Conn., ISG employs more than 1,300 professionals operating in more than 20 countries—a global team known for its innovative thinking, market influence, deep industry and technology expertise, and world-class research and analytical capabilities based on the industry’s most comprehensive marketplace data.
isg-one.com
ISG Confidential. © 2017 Information Services Group, Inc. All Rights Reserved. McCarthy Tétrault Advance™ Building Capabilities for Growth
The De-Indexing Decision Expands its Reach: Right to be Forgotten and FairPlay Barry Sookman and Dan Glover, Partners, McCarthy Tétrault LLP Erin Finlay, Chief Legal Officer, Canadian Media Producers Association
McCarthy Tétrault S.E.N.C.R.L., s.r.l. / mccarthy.ca
Chapter One: The EU Right to Be Forgotten
– Spanish newspaper La Vanguardia publishes two announcements regarding the forced sale of properties. A version of the edition was later made available on the web. – In 2014, Google obliged to remove from the list of results displayed following a search made on the basis of a person’s name – Similar outcome in multiple EU countries in litigation involving Max Mosley and lurid photographs of him in Nazi regalia on the basis that the “banned pictures of the plaintiff severely violate his private sphere”
McCarthy Tétrault LLP / mccarthy.ca / 2 Chapter Two: Equustek SCC
Plaintiff sues for (a) misappropriation of confidential information, (b) reverse passing off, (c) breach of contract.
Distributor flees to Mexico and then Argentina, and continues to sell infringing devices worldwide via an array of websites and shell companies. Court issues injunction with worldwide scope. It is ignored. Contempt order follows. It too is ignored.
Google asked to take down infringing sites. It refuses to go beyond page-by-page removals on the google.ca platform. Court describes this as a “whack-a-mole” solution. Plaintiff seeks injunction against Google to enforce underlying worldwide orders. The remedy is premised on the Google Spain “right to be forgotten” case and other privacy and IP litigation.
Google not accused of infringement
McCarthy Tétrault LLP / mccarthy.ca / 3
Supreme Court on the Borderless Internet The problem in this case is occurring online and globally. The Internet has no borders — its natural habitat is global. The only way to ensure that the… injunction attained its objective was to have it apply where Google operates — globally. There is no realistic assertion that the… order will offend the sensibilities of any other nation. It has not been suggested that the order prohibiting the defendants from advertising wares that violate the intellectual property rights of the plaintiffs offends the core values of any nation.
– Worldwide order granted to protect against violation of IP and trade secret rights by party who cannot directly be brought to justice – Google ordered to de-index, i.e. stop returning search results for the wrongdoing party
McCarthy Tétrault LLP / mccarthy.ca / 4 Will the Remedy Return to its Privacy Roots? January 2018 Online Reputation position paper of the Federal Privacy Commissioner concludes: With respect to de-indexing… PIPEDA applies to a search engine’s indexing of online content and display of search results. […] With respect to source takedown, PIPEDA provides individuals the right to withdraw consent, and requires that personal information that is no longer needed be destroyed, erased or made anonymous. Taken together, this implies that individuals should have the ability to remove information that they have posted online. February 2018 Committee Report recommends that Government consider right to erasure (esp. for young people) and right to de-indexing, but in balance with freedom of expression concerns
McCarthy Tétrault LLP / mccarthy.ca / 5
FairPlay Canada Proposal
“To combat the piracy problem, the CRTC should create an independent agency to identify websites and services that are blatantly, overwhelmingly, or structurally engaged in piracy. Following due process and subject to judicial oversight, ISPs would ultimately be required to disable access to the identified piracy sites and services.” CRTC Application
McCarthy Tétrault LLP / mccarthy.ca 17739544 6 FairPlay Canada Partners
McCarthy Tétrault LLP / mccarthy.ca 17739544 7
¬ “Piracy is a large and growing problem that threatens the massive employment, economic, and cultural contributions of Canada’s film, television, and music industries.” ¬ “The Internet has had a profoundly positive impact on Canadian society and individual Canadians but it also has exacerbated the piracy problem, making it easy for pirate operators to make their pirate sites available in Canadian homes.” CRTC Application
McCarthy Tétrault LLP / mccarthy.ca 17739544 8 A Canadian case study
Committed to producing & Approx. Illegal downloads of Millions promoting Letterkenny 1.5M Letterkenny by Canadians
$7.99/ Cost of subscribing to Crave Most pirated show in Canada 2nd month TV directly OTT Dec 25-Jan 17 (after WestWorld)
Episodes available to watch Up to Fewer CraveTV subscriptions 26 anytime, anywhere 490K due to piracy of Letterkenny
Cost per episode to subscribe Up to Monthly value eliminated from $0.31 to Crave only for Letterkenny $3.9M Canadian cultural industry
McCarthy Tétrault LLP / mccarthy.ca
The application “presents a Canadian solution to a global problem causing direct and measurable harm in Canada, that is carefully tailored to the current Canadian legal and regulatory environment but based on an internationally recognized and widely-adopted approach.”
McCarthy Tétrault LLP / mccarthy.ca 17739544 10 Similar Global Remedies
¬ Site blocking for copyright purposes is widely available. ¬ EU/EEA member states Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Norway, Portugal, Sweden, Spain, UK, and the legal basis also exists in the other member states of the European Union based on Article 8(3) of the Infosoc Directive. ¬ Others include: Mexico, Argentina, Australia, India, Indonesia, Malaysia, Russia, Turkey, Singapore, South Korea, Thailand, Saudi Arabia, Uruguay. ¬ Legal basis: specific regimes, civil, criminal, and administrative laws. ¬ By courts and government agencies (Italy, Greece, Portugal, Malaysia, Mexico, South Korea, Indonesia).
McCarthy Tétrault LLP / mccarthy.ca 17739544 11
Intervenor submissions
¬ FairPlay Canada Coalition ¬ Internet Society, Canada ¬ Canadian Association of Chapter Broadcasters ¬ Canadian Internet ¬ Canadian Chamber of Registration Authority Commerce ¬ Canadian Network ¬ TELUS Operators Consortium Inc ¬ Shaw Communications ¬ Public Interest Advocacy Centre ¬ Sandvine ¬ TekSaavy ¬ Richard Owens (MLI) ¬ Michael Geist ¬ Barry Sookman ¬ Individuals
McCarthy Tétrault LLP / mccarthy.ca 17739544 12 Intervenor submissions
¬ Information Technology ¬ Internet Society Innovation Foundation ¬ i2Coalition, Internet ¬ Premiere League Infrastructure Coalition ¬ Friend MTS Limited ¬ Electronic Frontier Foundation ¬ BBC ¬ David Kaye, UN Rapporteur on Freedom of Expression ¬ Wikimedia Foundation
McCarthy Tétrault LLP / mccarthy.ca 17739544 13
Issues raised by intervenors
¬ Is piracy a problem? ¬ Is blocking effective; can/will it be easily circumvented? ¬ Will it result in over-blocking e.g. non-pirate sites, illegal sites with some legal content? ¬ Violate fundamental rights, e.g freedom of expression; requirement for courts to make orders? ¬ Violate net neutrality? ¬ Impacts on privacy? ¬ Jurisdiction of CRTC? ¬ Misinformation about proposal?
McCarthy Tétrault LLP / mccarthy.ca 17739544 14 Efficacy shown in studies
¬ Brett Danaher et al., “Website Blocking Revisited: The Effect of the UK November 2014 Blocks on Consumer Behavior”, April 19, 2016 ¬ Incopro, “Site blocking efficacy study United Kingdom”, revised March 19, 2015 ¬ Incopro, “Report Site Blocking Efficacy: Australia”, May 2017 ¬ Incopro, “Site Blocking Efficacy – Key Findings Australia”, February 2018 ¬ MPA,“MPA Study on Site Blocking Impact in South Korea (2016)” ¬ Incopro, “Site Blocking Efficacy in Portugal (2017)”
McCarthy Tétrault LLP / mccarthy.ca 17739544 15
Efficacy without over-blocking
¬ Netherlands: Stichting BREIN v Ziggo BV, First Chamber 14/02399 LZ/EE, Supreme Court of the Netherlands, 13 November 2015 and Stichting BREIN v Ziggo BV, THE HAGUE COURT, Commercial Law Division, Case/Docket Number District Court C/09/535341/KG ZA 17-891, Sept 22, 2017; The Football Association Premier League Limited v Ecatel, ECLI: NL: RBDHA: 2018: 615
¬ UK: Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014), affirmed [2016] EWCA Civ 658 (06 July 2016); The Football Association Premier League Ltd v British Sky Broadcasting Ltd & Ors [2013] EWHC 2058 (Ch) (16 July 2013) and Football Association Premier League Ltd v British Telecommunications plc, [2017] EWHC 480 (Ch); Union Des Associations Européennes De Football v British Telecommunications Plc & Ors , [2017] EWHC 3414 (Ch) (21 December 2017)
¬ Australia: Universal Music Australia Pty Limited v. TPG Internet Pty Ltd, [2017] FCA 435, (28 April 2017)
¬ Norway: Disney Entertainment Inc. v. Telenor Norway AS et al.,17-093347TVI-OTIR/05, Norway, Oslo District Court (3 November 2017)
¬ Portugal: Associação Para a Gestão e Distribuição de Direitos et al. v. Acessos e Redes de Telecomunicações et al., Portugal Tribunal of Intellectual Property (24 February 2015)
¬ Denmark: Sonofon A/S v. Aller International A/S et al., B-530-08, High Court of Eastern Denmark (26 November 2008)
¬ Spain: Asoiacion de gestion de derechos intelectuales (AGEDI), E/2012/00358, Spain, Intellectual Property Commission (28 October 2014)
¬ Sweden: Sony Music Entertainment Sweden et al. v. B2 Bredband AB, PMT 11706-15, Sweden, Patent and Market Appeals Court (13 February 2017)
McCarthy Tétrault LLP / mccarthy.ca 17739544 16 Efficacy even with possibilities for circumvention ¬ CJEU C-134/12, UPC Telekabel Wien ¬ Netherlands: Stichting BREIN v Ziggo BV, First Chamber 14/02399 LZ/EE, Supreme Court of the Netherlands, 13 November 2015 ¬ Belgium: VZW Belgian Anti-Piracy Federation v. NV Telenet et al., 2010/AR/2541, Belgium, Court of Appeal for Antwerp (26 Sept. 2011) ¬ France: Société Française du Radiotéléphone et al. v. Orange et al., Case No: 14/03236, France, Paris Court of First Instance (04 December 2014 ¬ Finland: The Finnish National Group of IFPI et al. v. Anvia Oyj et al., Docket no. 2015/625, Finland, Mark Court (29th April 2016) ¬ UK: Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014) and cases above.
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Fundamental rights
¬ Article 9 International Covenant on Economic, Social Rights ¬ Article 19 Universal Declaration of Human Rights ¬ Article 11 EU Charter of Fundamental Rights ¬ Article 10(1) European Convention on Human Rights ¬ Section 2(b) Canadian Charter of Rights and Freedoms
McCarthy Tétrault LLP / mccarthy.ca 17739544 18 Website blocking consistent with human rights
¬ CJEU: UPC Telekabel Wien (CJEU case no. C-314/12) ¬ UK: Cartier CA, Cartier, Twentieth Century Fox v. Sky UK, [2015] EWHC 1082; Twentieth Century Fox Film Corp & Ors v British Telecommunications Plc (No. 1), [2011] EWHC 1981 (Ch), [2012] Bus LR 1471 ¬ Belgium: Court of Appeal Antwerp, 26 September 2011, No. 3399 Rep. 2011/8314, p. 14. ¬ France: Tribunal de Grandes Instances de Paris, 28 November 2013, No. 11/60013; Paris Court of Appeal judgment of 15 March 2016 [No 040/2016]. ¬ Norway: Warner Bros. Entertainment Norge AS and others v Telenor Norge AS and others, Oslo District Court, 01/09/2015, case number 15-067093TVI-OTIR/05, ¬ Iceland: STEF, samband tónskálda/eig flutningsréttar [Performing Rights Society of Iceland] v Fjarskipti hf., District Court of Reykjavik, 14. October 2014 ¬ Netherlands: 2012 District Court order quoted in Stichting BREIN v Ziggo BV, THE HAGUE COURT, Commercial Law Division, Case/Docket Number District Court C/09/535341/KG ZA 17-891, Sept 22, 2017 ¬ Germany: FCJ judgment of 26 November 2015, Case No. I ZR 174/14 and case no. I ZR 3/14; Constantin Film Verleih GmbH v. Vodafone Kabel Deutschland GmbH, 7 O 17752/17, Germany, Regional Court of Munich (1 February 2018)
McCarthy Tétrault LLP / mccarthy.ca 17739544 19
Proposal consistent with net neutrality principles
¬ U.S. - FCC’s Restoring Internet Freedom order re-affirmed policy in effect since 2005 that the no blocking rule only applies to lawful content. See transparency (mandatory disclosure rule) adopted as part of the 2017 order only applies to “lawful content”.
¬ “Four Freedoms” originally adopted as policy statement in FCC 05- 151 repeated the “freedom for consumers to (1) “access the lawful Internet content of their choice”.
¬ EU - Article 3(3)(a) exception to “(a) comply with Union legislative acts, or national legislation that complies with Union law, to which the provider of internet access services is subject, or with measures that comply with Union law giving effect to such Union legislative acts or national legislation, including with orders by courts or public authorities vested with relevant powers”
McCarthy Tétrault LLP / mccarthy.ca 17739544 20 McCarthy Tétrault LLP / mccarthy.ca 17739544 21
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CALGARY QUÉBEC Suite 4000, 421 7th Avenue SW Le Complexe St-Amable Calgary AB T2P 4K9 1150, rue de Claire-Fontaine, 7e étage Tel: 403-260-3500 Québec QC G1R 5G4 Fax: 403-260-3501 Tel: 418-521-3000 Toll-Free: 1-877-244-7711 Fax: 418-521-3099 Toll-Free: 1-877-244-7711 TORONTO Suite 5300, TD Bank Tower UNITED KINGDOM & EUROPE Box 48, 66 Wellington Street West 125 Old Broad Street, 26th Floor Toronto (Ontario) M5K 1E6 London EC2N 1AR Tel: 416-362-1812 UNITED KINGDOM Fax: 416-868-0673 Tel: +44 (0)20 7786 5700 Toll-Free: 1-877-244-7711 Fax: +44 (0)20 7786 5702
McCarthy Tétrault LLP / mccarthy.ca 17739544 Thanks you for inviting Waterfront Toronto Hi, I’m Kristina Verner, VP, Innovation, Sustainability & Prosperity Waterfront Toronto
Today
Describe what this project is all about
Explain what we’re working on and
Open the floor to your questions and address some of your concerns Who We Are
Transforming the waterfront for the use and enjoyment of the people and visitors of Toronto, Ontario and Canada, to foster economic growth and to redefine how the city, province and country are perceived by the world — a project of national significance.
Reducing Urban Sprawl Building Sustainable Communities Driving Economic Competitiveness
Increasing Affordable Housing Creating Parks and Public Spaces Expanding Public Transit Quayside
A new type of mixed-use, complete community
Quayside
A new type of mixed-use, complete community Quayside The Vision Quayside could become a THE FUTURE Focused on sustainability, resilience, global hub for affordable housing, transit, building innovation, urban innovation and economic opportunity.
Ideas piloted at Quayside could be brought to scale across the waterfront, replicated in neighborhoods throughout Toronto — and, ideally, be adopted by cities around the world.
How has McCarthy Tétrault has been engaged in helping Waterfront Toronto shape the process and ensure the best outcomes for our shareholders? Finding a Partner What We Looked For Bringing this idea to life required INNOVATION AND FUNDING PARTNER a different kind Demonstrated expertise in the integration of partner of real estate, city-building, and technology.
Ambition to create a new kind of place with global impact — and willingness to invest in the idea.
Sidewalk Labs’ Mission
June, 2015 Access to Affordability Mobility Opportunities
What would a city look like if you designed it for people first in the digital age? Sidewalk’s Start
Studied every prior “Smart Cities” attempt
Built a team to bridge the urbanist / technologist divide
Convened working groups with the world’s foremost experts
CONCLUSION District-scale innovation can transform quality of life
Improving Quality of Life
-14% 1 Hour Cost of Living Saved Per Day
+30% +10% Green Space Labour Force Participation Rate
-67% Vision Zero Greenhouse Gas Emissions Traffic Fatalities Engagement
What we heard the community cares about Well-being and community health People-centred planning Public transit and personal mobility Sustainable, resilient, climate-positive development Diversity and inclusion Housing quality and affordability Data-informed decision-making Privacy and data governance Greenspace, recreation and leisure Engaged communities Entrepreneurship and innovation Core Principles
We believe in the power of technology to improve Not tech for tech’s sake quality of life in cities, but it must drive outcomes.
We respect privacy It is baked into everything we do.
Our vision is to have Quayside be a platform for We believe in open standards innovation for everyone: governments, researchers, developers, and the general public.
We are committed to diversity and inclusion. Quayside Diversity makes us stronger will only work if it represents the population in the Greater Toronto Area.
This project will only proceed with the support and We cannot do this alone confidence of our government partners and the public. That’s why we have to do this together.
Core Principles
We believe in the power of technology to improve Not tech for tech’s sake quality of life in cities, but it must drive outcomes.
We respect privacy It is embedded into everything we do.
Our vision is to have Quayside be a platform for We believe in open standards innovation for everyone: governments, researchers, developers, and the general public.
We are committed to diversity and inclusion. Quayside Diversity makes us stronger will only work if it represents the population in the Greater Toronto Area.
This project will only proceed with the support and We cannot do this alone confidence of our government partners and the public. That’s why we have to do this together. Core Principles
We believe in the power of technology to improve Not tech for tech’s sake quality of life in cities, but it must drive outcomes.
We respect privacy It is embedded into everything we do.
Our vision is to have Quayside be a platform for We believe in open standards innovation for everyone: governments, researchers, developers, and the general public.
We are committed to diversity and inclusion. Quayside Diversity makes us stronger will only work if it represents the population in the Greater Toronto Area.
This project will only proceed with the support and We cannot do this alone confidence of our government partners and the public. That’s why we have to do this together.
Core Principles
We believe in the power of technology to improve Not tech for tech’s sake quality of life in cities, but it must drive outcomes.
We respect privacy It is embedded into everything we do.
Our vision is to have Quayside be a platform for We believe in open standards innovation for everyone: governments, researchers, developers, and the general public.
We are committed to diversity and inclusion. Quayside Diversity makes us stronger will only work if it represents the population in the Greater Toronto Area.
This project will only proceed with the support and We cannot do this alone confidence of our government partners and the public. That’s why we have to do this together. Core Principles
We believe in the power of technology to improve Not tech for tech’s sake quality of life in cities, but it must drive outcomes.
We respect privacy It is embedded into everything we do.
Our vision is to have Quayside be a platform for We believe in open standards innovation for everyone: governments, researchers, developers, and the general public.
We are committed to diversity and inclusion. Quayside Diversity makes us stronger will only work if it represents the population in the Greater Toronto Area.
This project will only proceed with the support and We cannot do this alone confidence of our government partners and the public. That’s why we have to do this together.
One of the Fastest-Growing Cities in North America
9.6M Projected to Grow 42% by 2041
GTA 6.7M 3.9M Projected to Grow TORONTO 35% by 2041 2.9M 2016 2016 2021 2026 2031 2036 2041
Source: Ontario Ministry of Finance, “Ontario Population Projections Update, 2016–2041” Challenges of Growth
34 Min. Commute Rent Burden Longest commutes Nearly half of renters spend of any city in Canada more than 30% of their income on housing
77 Road Deaths Access to Green Space 2016 - Greatest number There is wide variation in of traffic-related deaths neighbourhood green space, in almost a decade from 7 - 62% tree cover
Source: Toronto Foundation'sToronto'sVital Signs Report 2017/18
Income Inequality
“Between 1970 and 2015, % income inequality in Toronto grew by 68%.”
Increase in income inequality — Toronto Foundation's 68 Toronto's Vital Signs Report 2017/18
CREDIT: David Hulchanski / Map Source: Statistics Canada, Census Profile Series Objectives
Establish a complete community that improves quality of life for a diverse population of residents, workers, and visitors
Create a destination for people, companies, startups, and local organizations to advance solutions to the challenges facing cities, such as energy use, housing affordability, and transportation
Make Toronto the global hub for urban innovation
Serve as a model for sustainable neighbourhoods throughout Toronto and cities around the world
Sidewalk Toronto Partnership
SEP OCT SPAN OF Early 2017 2017 2018 2019
Award Sidewalk Waterfront Toronto Planning and public consultation on the Master Innovation and Stakeholder Labs Partnership. and Sidewalk Development Plan (the Plan), the document describing exactly what approvals Labs commit to we think this place could be. (boards & developing the plan governments). The SWL/WT Plan Development Agreement will guide this effort. together; Sidewalk City of Toronto Toronto created. report on Plan. 2 0 1 8 Organizing Our Work
SUSTAINABILITY MOBILITY Since we last spoke, we’ve...
Organized our joint team around working groups, which collectively represent the themes that matter PUBLIC REALM BUILDINGS most to you
Supported each of these working groups with an expert advisory group made up of a dozen local leaders in each field COMMUNITY & CITY SERVICES DIGITAL PLATFORM
Begun the hard planning work! We’ve started to dive into each of these themes
HOUSING AFFORDABILITY PRIVACY & DATA GOVERNANCE
Our Vision
SUSTAINABILITY MOBILITY We are beginning to build on A truly climate A competitive, safer alternative the years of planning work already positive community to the private automobile for every trip done by the City of Toronto and Waterfront Toronto.
PUBLIC REALM BUILDINGS Targeted outcomes inform every A public realm for the entire region that is A built environment that is more step of our planning delightful and vibrant year-round usable, efficient and affordable
COMMUNITY & CITY SERVICES DIGITAL PLATFORM A close-knit, healthy community with Open digital infrastructure seamless access to vital daily services that inspires innovation
HOUSING AFFORDABILITY PRIVACY & DATA GOVERNANCE Inclusive, affordable communities for A new standard for transparent, people of all ages, abilities, and means accountable, and responsible data use Sustainability
We strive for a truly climate-positive community
We are exploring ways to:
● Minimize building energy use
● Maximize use of recoverable waste heat and renewable energy
● Enable predictable energy costs
● Improve solid waste diversion
● Incorporate infrastructure flexibility to enable innovation over time
Mobility
A competitive, safer alternative to the private automobile for every trip
We are exploring ways to:
● Support public transit expansion
● Improve pedestrian and cycling comfort
● Build AV-ready streets; capture safety benefits for people
● Optimize the network with real-time data and analysis
● Create a neighbourhood delivery system
● Enable the use of AV taxibots + vanbots Public Realm
A public realm for the entire region that is delightful and vibrant year-round
We are exploring ways to deliver:
● More open space so that every resident will be within a 5-minute walk to a park, ranging from small community parks to large spaces for public gatherings and recreation
● More uses that expand what’s possible for all ages on the waterfront, from public laser-based projection art to adventure playgrounds to bookable outdoor kitchens
● More time spent outdoors to improve public health and social connections, leveraging innovative outdoor comfort systems, uniquely winter programming, and adaptable streetscapes
● More community empowerment by enabling people to program the public realm themselves and build a diverse community in shared space
Buildings
A built environment that is more usable, efficient and affordable
We are exploring ways to:
● Increase Adaptability Create structures that are more responsive to the needs of its users over time, both on Day 1 and years later
● Reduce Cost Reduce the cost of construction by leveraging scale through a manufactured approach to buildings
● Enable Sustainability and Wellness Build at the highest sustainability standard, which positively impacts the environment, lowers cost of utilities, and improves occupant well-being Housing Affordability
Inclusive, affordable communities for people of all ages, abilities, and means
We aspire to be a global example of an affordable, diverse, mixed- income, and multigenerational community
We are exploring ways to:
● Recognize and serve the full spectrum of housing need in Toronto
● Leverage dedicated housing funds and activate the private sector to produce more affordable housing
● Integrate flexible building typologies, new construction technologies, and innovative financing options
● Incentivize the creation of new affordable units exceeding municipal requirements
Community & City Services
A close-knit, healthy community with seamless access to vital daily services
We are exploring ways to:
● Achieve lower costs, better outcomes, and better experience through coordinated service delivery, personalized solutions, and convenient access
● Ensure access to convenient, integrated healthcare that addresses the social and environmental determinants of health
● Use technology to support lifelong learning opportunities, with a focus on education outside the classroom
● Enable a safe physical and digital environment that protects personal privacy and enables comfort and use Digital Platform
Open digital infrastructure that inspires innovation
We are exploring ways to deliver:
● Ubiquitous connectivity and shared digital hardware Build on Waterfront Toronto’s successful partnership with Beanfield Metroconnect to provide physical and digital infrastructure that makes it easier and cheaper for innovators to try new ideas
● Digital tools for the physical world Allow applications to easily access and interpret maps and other open urban data, perform analyses, and manage smart devices
● Data governance and open architecture Provide policies and tools to allow developers to easily access and share non-personal data
● A vibrant developer community Harness the creativity of third-party application developers by providing well-documented APIs
Privacy & Data Governance
We will set a new standard for transparent, accountable, and responsible data use
We are committed to:
● Leading by example with clear and consistent policies for the handling of personal information ● Using data to improve quality of life and benefit the public ● Not using or selling personal information
for advertising purposes We are working closely with ● Embedding Privacy by Design into everything we do members of our advisory body ● Being part of the open data community, and leading Canadian privacy and promoting the use of open standards and data governance experts ● Compliance with all Canadian laws and regulations on our work.
We will also explore:
● Innovative governance models, such as a data trust ● New ways to involve the public in decisions about privacy + data use Waterfront Toronto’s Digital Strategy Advisory Panel
Digital Strategy Advisory Panel
Mission Next Steps
The mission of the Panel is to provide objective, The following timeline reflects core next steps for this group: professional advice to ensure that ethical use of ● Announce Panel and technology, accountability, transparency, protection of Membership - April 13 personal privacy, data governance, cyber security ● Application window for together with the opportunity for broad and equitable remaining 3 spots - April benefits to be accrued from the intellectual property 12 - April 30
and data, are addressed in a robust way to encourage ● Interviews with potential innovation and economic development and preserve panelists - Week of May 7 the public good. ● First meeting - mid-May The Neighbourhood of the Future Starts with ideas...
What we’ve done
Built and organized our joint Sidewalk Toronto team and opened a TO office
Developed a robust public engagement plan with firm dates
Formed 6 advisory groups (80+ local leaders) to guide us in our work
Met with key stakeholders, including representatives of all levels of government
Exploring a series of pilots and prototypes to launch in Toronto
Focused our core research questions to develop work plans and hypotheses Building the Plan Together
2018 Many different ways to get involved (see below)
Nothing should be a surprise at the end
Ongoing engagement with governments and stakeholders
ROUNDTABLE ROUNDTABLE ROUNDTABLE ROUNDTABLE
PLAN Advisory Group Advisory Group Advisory Group Advisory Group
Reference Panel Reference Panel Reference Panel Reference Panel Reference Panel
Civic Labs Civic Labs Civic Labs
Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting
Pilots + Prototypes
2018 / 2019
We’re aiming to launch and test PLAN early pilots and prototypes around Toronto... App Demos
Old Toronto Transit Explorer
Old Toronto App
Modeling Toronto
Exploring the pros and cons of transportation and development plans based on local travel patterns. Sidewalk Toronto Office
This summer, we will open an office at Quayside that will be a living laboratory for urban innovation.
Come see what we’re up to in person!
307 Lakeshore Drive Quayside, Toronto
What’s next? Deep & Broad Consultation
Public Roundtable And Talks meetings more!
Attend a live-streamed public Work in small, facilitated ● Neighbourhood talk featuring acclaimed groups to help refine our meetings speakers on such topics as thinking during key phases ● Sidewalk Toronto sustainability, mobility, urban in the creation of the Fellows design, and inclusion development plan ● Pop-ups
● March 27 ● May 3 ● Design Charrettes
● Next up! April 24 ● July 11 ● Civic Labs
● September 26 ● October 3 ● Advisory Groups
● October 16 ● Online surveys
Deep & Broad Consultation
Residents Fellowship YMCA Reference Panel Program Camp
A representative group of of 36 Twelve 19-24 year olds from Free summer kids camp Torontonians will to share their different backgrounds and to learn about the perspectives and provide fields of study will travel and report waterfront and explore ideas for its future input on the plan on their aspirations and recommendations for Quayside ● Ages 9-12 ● April 21 Two-day orientation ● North St. Jamestown ● May 5 Three study tours to Boston & ● Regent Park ● June 2 New York, Amsterdam & Copenhagen, and Vancouver ● West Don Lands ● June 23 Produce a public report ● St. Lawrence ● September 29 outlining their aspirations and recommendations for Sidewalk Toronto ● the Esplanade Questions?
It’s all at sidewalktoronto.ca thank you! Anatomy of a Tech M&A Deal
McCarthy Tétrault: 7th Annual Technology Law Innovation Summit
April 2018
SECTION 1. Canadian Technology M&A Update Canadian M&A Update
General Themes Near-Term Outlook Emerging Themes in Technology
. Sustained domestic growth . Buoyant Canadian and U.S. economies Internet of Things . Expanding U.S. economy . Cash-rich corporations, further helped Artificial Intelligence / . Low financing costs by recent tax reform in the U.S. Machine Learning . . Favourable FX Access to liquid equity and debt Autonomous Vehicles markets Augmented / Virtual . Continued private equity overhang Reality
CANADIAN M&A ACTIVITY Blockchain Canadian M&A Transactions – All Sectors(1) Tech Market Share(2) Canadian M&A Transactions – Technology(1) 2012
2,207 2,232 122 119 2,089 112 96 1,892 1,827 85 1,781 1,750 74 1,684 $341 66 67 64 $6.4 1,502 51 $284 $281 Tech market share by deal volume: 6.9%
$207 $183 $170 2017 $158 $3.0 $136 $138 582 $2.5
$1.8 $1.5 $59 $1.2 $0.9 $0.7 $0.5 $0.6
'09 '10 '11 '12 '13 '14 '15 '16 '17 Q1 '09 '10 '11 '12 '13 '14 '15 '16 '17 Q1 '18 Tech market share by deal volume: 8.3% '18
< $100M $100M - $1Bn > $1Bn # of Deals
Note: All dollar figures in C$ bn. Source: Bloomberg (1) All Sectors graph considers Canadian targets and acquirors; Technology graph only considers Canadian targets (2) Market share based on deal value; only considers Canadian targets Strictly private and confidential National Bank Financial Markets 3
Canadian Technology Landscape
Longer Wait Times to Greater Private Equity IoT / Data Go Public Interest
. Technology . Breadth of companies with some . Easy access to debt / information providing of the largest private leverage potential actionable valuations continue to Emerging Tech as a insights (e.g. sit on the sidelines . Low interest rates Foreign Exchange Catalyst for Deals telematics) . Monetization of data . Access to new technology or . Favourable exchange intellectual property rate – low CAD$ attracts foreign . “Tech-enablement” capital and leads to higher investment valuations
Montréal . Strong AI presence - “Godfather” of AI Vancouver
Toronto-Waterloo Region: Montréal Vancouver . 15,000 technology companies Ottawa . 100,000+ technology workers Ottawa . 200,000 technology workers Toronto . Touted as the country’s . 5,200 startups “Capital of SaaS” Waterloo
Strictly private and confidential National Bank Financial Markets 4 Canadian Technology Landscape (Cont’d)
MARKET PERFORMANCE – TSX vs. TECH VALUATION METHODOLOGY – RULE OF 40
60% R² = 0.6744 +169% 50% 40% 30% 20% +23% 10% 2013 2014 2015 2016 2017 2018 0% 0.0x 2.0x 4.0x 6.0x 8.0x 10.0x S&P TSX S&P TSX Information Technology
Technology companies have outperformed Revenue Growth & EBITDA margins drive the broader market by a factor of 7x technology / SaaS company valuations
VALUATION MULTIPLES – TEV/EBITDA (NORTH AMERICA) TYPES OF TECH BUYERS – LAST 5 YEARS Trading Multiple By Value By Volume Transaction Multiple (1)
12.7x 13.1x 12.2x 11.0x 11.2x 13.6x 12.4x
2011 2012 2013 2014 2015 2016 2017 2018
Increasing valuation multiples supported by Financial sponsors and non-tech corporates strong growth and competition for targets increasingly becoming active participants
Source: Bloomberg, Duff & Phelps Strictly private and confidential National Bank Financial Markets 5
Key Drivers for Successful M&A
1 2 3 Market Demand for Strong Business and Robust Process and Tech Companies / Financial Fundamentals Positioning Investor Appetite
. Scale / critical mass (new . Proven and defensible product . Company’s worth = strategic technology, new markets) / technology value to a given buyer . Boost innovation or close . Intellectual property and . Position company’s unique innovation gaps proprietary know-how features that are relevant to buyer interests . Timing to market . High growth (e.g. stable and growing customer base) . Align with trends driving the . Streamline operations and industry processes . Recurring revenue (e.g. subscription-based revenue . Design optimal process . Strengthen customer ties model) (products, services, . ~50% improvement from experiences) . Industry leading margins initial offer with an auction process . Scarcity of targets / high . Attractive cash flows competition . Often another firm willing to pay more than the initial bidder
Strictly private and confidential National Bank Financial Markets 6 SECTION 2. Pure Technologies Case Study
Pure Technologies: Evolution
Strictly private and confidential National Bank Financial Markets 8 Pure Technologies: The Value Proposition
. Disruptive Change . Attacks Waste in capital and operating budgets
Strictly private and confidential National Bank Financial Markets 9
Pure Technologies
BUSINESS OVERVIEW
. An industry leader in the development and application of infrastructure condition assessment and integrity solutions . Offers a comprehensive suite of proprietary technologies and services to the following sectors:
Water Division (~80% of Revenue) Oil & Gas Division (~20% of Revenue)
. Pipeline material condition assessment . Pipeline surveying . Pipeline leak detection . Pipeline tracking . Infrastructure monitoring . Pipeline leak detection . Specialized engineering services and analytics (PureAnalytics) . Pipeline management software for O&G (PipeWISE) . Flow control (valves, hydrants, etc.)
. Global presence: Head office in Calgary, AB with corporate offices in Mississauga, ON and Columbia, MD; regional offices across the U.S., Mexico, Columbia, Australia, and China (JV) . International operational support and data analysis provided by the Philippines . ~500 employees globally
“At Pure, we work to protect the critical infrastructure necessary for everyday life”
Strictly private and confidential National Bank Financial Markets 10 Sale of Pure Technologies to Xylem
TRANSACTION HIGHLIGHTS RELEVANCE TO XYLEM
Exceptional premium to market . Ability to broaden its suite of solutions and utilize Pure’s significant data set to develop an advanced analytics platform
Remarkable valuation multiple Attractive Infrastructure assessment is an attractive, growing Industry market
Transaction price exceeded both 5-year stock and Brings greater scale to Xylem’s growing data analytics and multiple highs SaaS capabilities Technology Creates a unique and disruptive platform of diagnostic Competitive but narrowly focused process analytics and optimization solutions Pure assesses the water industry’s most persistent Financial Merit problems in a cost-effective way Discreet and efficiently run with no market leaks Strategic Fit Strongly complements the broader Xylem portfolio
TRANSACTION METRICS SHARE PERFORMANCE Share Volume Price (000s) Pre-Offer At Offer $10.00 2,500 Xylem Offer Price – C$9.00 Share Price $4.44 $9.00 $9.00 2,000 $8.00 Offer Premium 103% $7.00 1,500
$6.00 1,000 Total Enterprise Value $242m $509m $5.00 500 Transaction Multiple(1) 23.0x $4.00 $3.00 0 Jan-16 Apr-16 Jul-16 Oct-16 Jan-17 Apr-17 Jul-17 Oct-17
Note: Dollar values in C$m (1) Based on consensus 2017E EBITDA Strictly private and confidential National Bank Financial Markets 11
Sale of Pure Technologies to Xylem Transaction Timeline
Nov 24 Sept 19 Nov 15 Multiple revisions made by
y Sept 6-7 Sept 29 Oct 13 both parties: t Party A inquires on 3 LOIs received, i
v Intro meeting Board’s receptivity to Unsolicited LOI Revised offer including Party A and - Party A: $8.75-$9.00 i t with Party A an offer from Party A from Party A Party X - Party X: $9.00 c A
/
n o i
t Sept 28 c
a Meeting with Party X r regarding existing Nov 22 Dec 4 e
t partnership; inquires on Oct 15 Revised offers Party X confirms offer n I
willingness to entertain Unsolicited LOI from made by Party A terms and extends r a sale Party X and Party X exclusivity period e y u B
September October November December e s n o
p Sept 20 Oct 2 Oct18 Nov 17 Dec 8 s
e Board strategy session; Board rejects Party Launch targeted Decides to proceed Pure enters into R
approach by Party A discussed A’s offer strategic review with 2 parties; asked arrangement y
n and begins to consider other process (7 CAs to resubmit bids by agreement with
a alternatives executed) Nov 22 Party X p m o C Oct 17 Nov 24 /
d Special Committee formed to Grants exclusivity to Party X for r consider offers and explore other 10 days plus option to extend a
o strategic alternatives for 5 days B
Strictly private and confidential National Bank Financial Markets 12