Your company’s people, products, profits and politics have a direct impact on its bottom line.
In this seminar presentation aimed at in-house counsel, HR and other business leaders, you’ll learn from legal and industry insiders on how to master these four key pillars ― and succeed in today’s competitive manufacturing market.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Texas Lawyer Advertising: Being Strategic While Remaining in ComplianceStacey Burke
A thorough discussion of the 2021 changes to the Texas lawyer advertising rules by 20-year lawyer Stacey E. Burke to the Coastal Bend Women Lawyers Association.
On 12 March 2014, Australia’s privacy laws were significantly amended. The amendments go further than merely requiring businesses to update their privacy policy, as the new laws mandate businesses to critically examine how they collect, use and disclose individuals’ personal information. Find out how these changes affect your business.
The presentation is about preparing for the upcoming Canadian Anti-Spam Legislation. Learn what CASL is, the timing of it’s implementation and how it will apply to commercial email. We will review specific case studies to better define consent requirements and exceptions to those requirements.
Recorded on Monday, April 16, 2012. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone scams and other consumer problems with phones. It reviews the role of the Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combatting telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will have an idea of what to watch for in their everyday lives.
To watch an archived version visit:
http://yourlegalrights.on.ca/webinar/Fighting-Telephone-Trickery-Using-Consumer-Protection-Laws
California Consumer Privacy Act: What your brand needs to knowOgilvy Health
Joe Youssef provides an insightful overview of the California Consumer Privacy Act (CCPA) that will take into effect in 2020. This presentation explores the key principles of the CCPA and how brands can prepare to ensure they are compliant with the policy.
Cybersecurity & Data Privacy 2020 - Introduction to US Privacy and Data Secur...Financial Poise
There is no federal law governing privacy and data security applicable to all US citizens. Rather, individual states and regulatory agencies have created a patchwork of protections that may overlap in certain industries.
This webinar provides an overview of the many privacy and data security laws and regulations which may impact your business, from the state law protecting personal information to regulations covering the financial services industry to state breach notification laws.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-2020/
Presentation from IAPP Canada 2011 Conference.
Presented by Shaun Brown - (http://nnovation.com), and Matthew Vernhout (http://www.transcontinental-interactive.com).
Businesses that engage in the collection, use, disclosure and management of personal information in Canada need to be cognizant of the regulatory framework governing the privacy landscape in order to stay compliant.
Introduction to US Privacy and Data Security: Regulations and RequirementsFinancial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
Part of the webinar series: CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
Texas Lawyer Advertising: Being Strategic While Remaining in ComplianceStacey Burke
A thorough discussion of the 2021 changes to the Texas lawyer advertising rules by 20-year lawyer Stacey E. Burke to the Coastal Bend Women Lawyers Association.
On 12 March 2014, Australia’s privacy laws were significantly amended. The amendments go further than merely requiring businesses to update their privacy policy, as the new laws mandate businesses to critically examine how they collect, use and disclose individuals’ personal information. Find out how these changes affect your business.
The presentation is about preparing for the upcoming Canadian Anti-Spam Legislation. Learn what CASL is, the timing of it’s implementation and how it will apply to commercial email. We will review specific case studies to better define consent requirements and exceptions to those requirements.
Recorded on Monday, April 16, 2012. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone scams and other consumer problems with phones. It reviews the role of the Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combatting telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will have an idea of what to watch for in their everyday lives.
To watch an archived version visit:
http://yourlegalrights.on.ca/webinar/Fighting-Telephone-Trickery-Using-Consumer-Protection-Laws
California Consumer Privacy Act: What your brand needs to knowOgilvy Health
Joe Youssef provides an insightful overview of the California Consumer Privacy Act (CCPA) that will take into effect in 2020. This presentation explores the key principles of the CCPA and how brands can prepare to ensure they are compliant with the policy.
Cybersecurity & Data Privacy 2020 - Introduction to US Privacy and Data Secur...Financial Poise
There is no federal law governing privacy and data security applicable to all US citizens. Rather, individual states and regulatory agencies have created a patchwork of protections that may overlap in certain industries.
This webinar provides an overview of the many privacy and data security laws and regulations which may impact your business, from the state law protecting personal information to regulations covering the financial services industry to state breach notification laws.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-2020/
Presentation from IAPP Canada 2011 Conference.
Presented by Shaun Brown - (http://nnovation.com), and Matthew Vernhout (http://www.transcontinental-interactive.com).
Businesses that engage in the collection, use, disclosure and management of personal information in Canada need to be cognizant of the regulatory framework governing the privacy landscape in order to stay compliant.
Introduction to US Privacy and Data Security: Regulations and RequirementsFinancial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
Part of the webinar series: CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
Introduction to US Privacy and Data Security Regulations and Requirements (Se...Financial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-regulations-and-requirements-2021/
In this presentation delivered at the Law Society of Upper Canada’s Six Minute Business Lawyer Conference on June 6, 2013, Bill Hearn addresses recent developments and trends in Canadian consumer protection law.
The EU’s General Data Protection Regulation (GDPR) takes effect on May 25, 2018. GDPR significantly increases the requirements imposed on companies touching the personal data of EU citizens, and also increases oversight by the EU member states’ data protection authorities. And the consequences of non-compliance under GDPR are massive—the greater of €20 million or four percent of the company’s worldwide turnover.
Hey that's my client! Protecting client lists and confidential information wh...Mike Fourcher
Presented by Jennifer E. Novoselsky, Reyes Kurson, Ltd. at 2018 NAMWOLF Conference
A company’s client lists and related intelligence, such as risk tolerance or purchasing history, are extremely valuable and must be protected. This program will explore the application of trade secret law to client lists, provide practical steps to safeguard these lists and quickly detect misappropriation, and identify the litigation options available when a former employee pilfers the company client list and uses it to solicit clients. With a Chicago pop culture theme, the program will help you answer three critical questions: (1) Are my client lists and information protected trade secrets? (2) What steps should the company take to protect this information and our client relationships? (3) Our employee just resigned, copied our client list and is soliciting our customers – how can I stop her?
This presentation discusses how to select, protect and properly use a trademark so it can become a powerful brand for your products and services.
As well, it discusses "hot issues" in promotions and advertising law, including:
- recent Competition Bureau enforcement regarding misleading advertising;
- the use of social media in contests and promotions, including the need for transparency when engaging bloggers, endorsers and other "influencers" to promote your brand.
Le gestion de crise : considérations juridiques et pratiques pour traverser l...This account is closed
Au cours de ce programme de formation préparé spécifiquement pour les conseillers juridiques en entreprise, nous vous présenterons une série d’outils visant à vous équiper pour affronter la tempête, peu importe quand et comment elle se présente.
This presentation includes information about legal project management fundamentals, creating a framework for legal project management (define, plan, monitor and manage, review and improve), ethics and the law, conflicts from outside counsel and the general counsel.
Canadian Procurement/Construction Delivery Methods
Various procurement/construction delivery methods exist to provide alternatives as to how risks and responsibilities are allocated for a project and how key factors such as time and price are addressed.
Traditional Delivery Method:
Design-Bid-Build
- Stipulated Price
- Cost Plus
- Unit Price
Contemporary Delivery Methods:
- Construction Management (not-at-risk / at-risk)
- Design-Build
- P3’s
The Canadian government recently announced that the 12 Pacific Rim countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States) negotiating the Trans-Pacific Partnership Treaty (TPP) reached an agreement. According to our government, the TPP will set a “strong regional standard” for the protection and enforcement of Intellectual Property (IP) rights, and will give investors and businesses confidence that the same IP rules will be applied across the TPP region. Before coming into force, the agreement must be ratified by each country.
In this presentation, Scott Foster discusses the IP provisions of the TPP, and examines potential changes to the IP regimes that may arise following an implementation of the TPP in Canada.
In this presentation, Gowlings partner Parul Armitage will look at current trends in life sciences licensing and collaborations.
Topics to be explored include:
Financial terms
Valuations
The continuing saga of the patent cliff
“More payer pressure, more commercialization risk”
Licensing as a commercialization strategy
Academic to industry licensing
The Cloud Computing Contract Playbook - Contracting for Cloud Services, Sept. 30This account is closed
Gowlings partner Paul Armitage discusses what is and isn’t unique about contracting for cloud services; key terms to look for and the differences between cloud and traditional IT services contacts; what to look for in a cloud services provider and its contract; storing data in the cloud; and tips and best practices for cloud services procurement.
It’s widely known that foreign companies looking to acquire strong targets are drawn to Canada’s vast resource sector. But there’s also plenty of M&A activity — and opportunity — across many other Canadian industries, such as technology, life sciences, media and communications, manufacturing and retail.
In this one-hour webinar, experts from Gowlings will share their insights on the Canadian M&A legal regime, and offer tips on how to navigate the complexities of the market and successfully acquire a Canadian company. Topics include:
- Building your acquisition model and determining the most appropriate structure for a Canadian company acquisition
- Determining the applicable tax rules and assessing the potential tax advantages
- An overview of competition law and the Investment Canada Act — due diligence, thresholds and the review process
PLSAs, SEPs and PAEs: The Antitrust/IP Acronyms You Should Know and UnderstandThis account is closed
In this presentation from June 2015, Davit Akman and a panel of other antitrust experts provide an overview of recent regulatory and jurisprudential developments in the U.S., Europe and Canada, and their impact on antitrust counselling and risk assessment.
Key topics discussed include:
• Patent litigation settlement agreements (PLSAs)
• Standard setting and conduct involving standard essential patents (SEPs)
• Conduct involving patent assertion entities (PAEs)
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
4. The People
• Due diligence when hiring
• Background checks
• Googling
• Legal databases
• Be careful about what recruiters say
4
5. The People
• Written employment agreements/offers
• No inducement
• Not subject to any restrictive covenants
• Can’t disclose former employer’s confidential
information
• Termination clauses are good idea, but are being
closely scrutinized by judges
• Restrictive covenants → ‘less is more’
5
7. The People
• Human Rights
• Increase in frequency of complaints
• HRTO very sensitive to employees with mental illnesses
• Accommodation due to “family status” is evolving rapidly
(and not in way that’s pro-business)
• Managers/supervisors being named as personal
respondents
7
8. The People
• Social Media
• Don’t be mesmerized by the technology
• Duty of loyalty and confidentiality still apply even if
employees are engaging in social media outside of
working hours and on their own devices
• Teach your employees about its dangers
• Securities law
• Defamation
• Don’t turn unpaid tweeting into paid work
• Don’t tolerate cyber-bullying
8
9. The People
• OHS
• Violence and Harassment – an update
• Is jail time a new trend?
• Mental Stress under WSIB – what is the future?
9
10. Thank You
montréal ottawa toronto hamilton waterloo region calgary vancouver beijing moscow london
Edward Majewski
Partner, Gowling Lafleur Henderson LLP
Tel: 416-862-4422
Email: edward.majewski@gowlings.com
John Illingworth
Partner, Gowling Lafleur Henderson LLP
Tel: 519-575-7507
Email: john.illingworth@gowlings.com
13. 13
Contest or Illegal Lottery?
Contests where prizes are awarded by chance alone are
“illegal lotteries” under the Canadian Criminal Code
• To avoid being classified as an illegal lottery, create a game
of mixed chance and skill or skill alone
Can you force a purchase?
• NOT IF the prizes consist of goods, wares or merchandise
(even if they don’t, the law is uncertain)
• NOT IF the prize is of a greater value
than the consideration… and some win
because others lost
14. 14
“Surprise and Delight”
Is it a contest?
• “Surprise and Delight” campaigns are those where individuals are
given promotional gifts arbitrarily in order to surprise and delight
them
• These may or may not be a contest, depending on if and how the
campaign is publicized, or if there is any rule-bound mechanism
for awarding prizes – is there an implicit contract with consumers?
• If recipients are arbitrarily chosen by someone without prior
notification, then may not be a contest and don’t need to follow
normal contest laws
15. 15
Some Important Clauses:
• Allow the contest sponsor to cancel the contest in
case of any problems or errors, at the sponsor’s
discretion
• Make sure contestants release the sponsor and their
related agencies, officers, and employees from
liability
• Contestants should confirm they have read the rules
and are over the age of majority in their province or
territory of residence, or have the consent of a parent
or guardian
• Allow the sponsor to make prize substitutions for a
prize of equal or greater value, at the sponsor’s
discretion
• Allow the sponsor to give the winner permission to
transfer the prize, at the sponsor’s discretion
• If the contest is open to Quebec residents, make
sure to include the Régie’s required clause!
Bullet-proofing Clauses
16. 16
Key Privacy Principles
Canadian private-sector privacy statutes impose similar
obligations with respect to personal information. Privacy
legislation:
1. States that personal information may only be collected,
used or disclosed with the knowledge and consent of
the individual;
2. Limits the collection of personal information to what is
necessary for purpose(s) identified; and
3. Requires that personal information be collected by fair
and lawful means.
17. 17
Collecting Personal Information
The overarching principles of privacy law apply
regardless of where personal information is collected:
Generally, Canadian privacy law is technology neutral. Always:
• Disclose the purposes for which you collect information;
• Obtain consent to these purposes;
• Use personal information only in accordance with the purposes
disclosed;
• Provide adequate security for the information you collect,
proportionate to its sensitivity.
18. 18
Regulatory Framework
A note on ‘Public’ Information
Personal Information that can be accessed from a ‘public’ source
remains subject to the requirement for consent in most cases.
PIPEDA provides only limited exceptions:
• A name, address and telephone number in a
telephone directory
• A name, title, address and telephone number in a
professional or business directory
• A registry collected under statutory authority or a
record/document of a judicial body
• A publication including a magazine, book or
newspaper available to the public, where the
individual provided the information.
If the individual can refuse to have
their information in the directory.
If the information is used for the
purpose for which it appears in the
directory.
If the information is used for the
purpose for which it appears in the
registry or document.
19. 19
Canada’s Anti-Spam Legislation
The provisions of CASL regarding electronic messages came
into force on July 1, 2014. CASL takes a prohibitive approach to
“Commercial Electronic Messages”, prohibiting all but those that
comply with its requirements.
In the post CASL world, companies must review the manner in
which they seek consent to send messages, and must assess
their ability to continue to rely on historical lists- if these steps
have not already been taken.
Under CASL:
• Electronic messages require consent from the
recipient, either express or implied;
• Messages must contain prescribed
disclosure; and
• Messages must contain an unsubscribe
mechanism in prescribed form.
20. 20
Canada’s Anti-Spam Legislation
To which messages does CASL apply?
CASL applies to Commercial Electronic Messages (“CEMS”) that are
sent by any means of telecommunication, including a text, sound, voice
or image message, to an “electronic address”:
• an electronic mail account;
• an instant messaging account;
• a telephone account; or
• any similar account.
“Any similar account” captures certain new forms of communication, such as
social media. The key question is whether the message is sent to something
akin to an “electronic address”. Messages that are not sent to an electronic
address are not subject to CASL.
21. The CRTC’s Position on Express Consent
• The CRTC takes the position that express consent must be “positive or
explicit”.
• Note that a check box is not specifically required, other mechanisms that
amount to an explicit indication of consent may be used.
21
22. 22
Message Content Under CASL
Prescribed Disclosure Requirements for Electronic Messages
1. The name under which the person sending the message and the
person on whose behalf the message is sent, if different, carry
on business, if different from their names, if not their names;
2. If applicable, an indication which person sent the message and
on whose behalf it was sent;
3. The mailing address, and one (or more) of a telephone number,
web address, or email address of either the person sending the
message, or if different, the person on whose behalf it is sent;
and
4. An unsubscribe mechanism.
Service providers sending electronic messages on behalf of third parties who do not have
material control over the message content or recipient list would not need to be identified.
The required contact information must remain current for a minimum of 60 days after the
message is sent.
23. Thank You
montréal ottawa toronto hamilton waterloo region calgary vancouver beijing moscow london
Chris Oates
Associate, Gowling Lafleur Henderson LLP
Tel: 416-369-7333
Email: chris.oates@gowlings.com
26. Charter of the French Language
Commercial Advertising:
26
Can be in another language provided French is
“markedly predominant”
27. Charter of the French Language
Packaging and Labelling:
Every inscription on a product, on its container or on its
wrapping, or on a document or object supplied with it
must be drafted in French
27
28. Charter of the French Language
Commercial Publications:
Catalogues, brochures, folders & similar publications
must be in French
28
Another language may also be used provided that the French
version is displayed at least as prominently as every other
language
29. Charter of the French Language
Websites and electronic messages are assimilated
to “catalogues, brochures, folders & similar
publications”
subject to the equal prominence rule
29
30. Advertising to Children
30
Since 1978, the Quebec Consumer Protection Act has
prohibited commercial advertising to children under
thirteen years of age
According to a study, children between the ages of 3 and 5 years old
show an “emerging ability” to use ads to judge which products will be
the most “fun” and make them popular – even if they can’t read yet!
At the age of 4, the majority of kids
are able to recognize hundreds of logos
Canadian children between the ages of
2 to12 spend $1,5 billion of their own
pocket money each year
31. Advertising to Children
31
The Rule:
Commercial advertising directed at children
under 13 years old is prohibited in Quebec!
Factors to consider when assessing whether an ad is “directed
at children”:
• Nature and intended purpose of the good advertised
• Manner of presenting the advertisement
• Time and place it is shown, and
• The general impression
N.B. The ban also applies to those who design,
distribute, publish or broadcast the advertisement.
32. Advertising to Children
32
The Exceptions:
• Ad appears in a magazine/insert directed at children and meets
various conditions (e.g. magazine/insert is for sale and published
at least quarterly, ad meets the requirements of section 91
Regulations)
• Ad appears in a store window, on a display, container, wrapping
or product label and meets the requirements of section 91
Regulations
• Ad announces a programme/show directed at kids and the
advertisement complies with section 91 Regulations
34. Thank You
montréal ottawa toronto hamilton waterloo region calgary vancouver beijing moscow london
Melissa Tehrani
Associate, Gowling Lafleur Henderson LLP
Tel: 514-392-9561
Email: melissa.tehrani@gowlings.com
35. Your Copyright is not Your Patent,
Industrial Design, Trade Secret or
Trademark.
36. The Five Main Areas of IP Rights
Copyrights
Patents
Industrial Designs
Trade Secrets
Trademarks
All are intangible Property but differ significantly
Understand their differences. Take advantage.
38. Copyright
Copyright is the exclusive right to reproduce,
publish and perform in public an “original”
literary, artistic, musical or dramatic work.
(e.g. books, photos, songs, videos, software,
doodles, web or social media content,
charts/tables of info)
39. Copyright
An “original” work is the product of skill and
judgment that is not a mechanical reproduction
of another work.
Low threshold.
40. Copyright
Lasts in Canada life of author plus 50 years
No need to register copyright to own it (but good
idea).
No need to deposit copyright with government in
Canada.
41. Copyright
Acquire copyright by being:
(a) the author of the work;
(b) the author’s employer; or
(c) assignee of copyright by way of signed
written agreement.
42. Copyright
Make sure your employment agreements are
clear that you own employee works.
Get assignments in writing at time of any third
party commissions.
Canada does not recognize “work for hire.”
Avoid relying on that term in agreements.
43. Copyright
Copyright is infringed by anyone who
reproduces a substantial part of your work
without your permission.
Includes assessment of quantity and quality.
46. Patents
A patent is the right to exclude others from
making, using or selling a new, useful and non-
obvious thing.
47. Patents
A patent is the right to exclude others from
making, using or selling a new, useful and non-
obvious thing.
Processes (a business method; chemical refining method)
Machines (a better mouse trap)
Compositions of matter (new plastic; new drug)
New uses for old things
48. Patents
New (“Novel”) – the technology was not
previously known to the public.
“Useful” – it has to have a useful purpose and
not mere entertainment
Non-Obvious – a skilled workman would not
have come up with the same thing without
inventive effort
49. Patents
Must apply for and obtain a patent in order to
have patent rights.
Term is 20 years from application filing.
Can be expensive to achieve but of potentially
enormous value.
50. Patents
Canada and most other countries are “first to
file” as opposed to “first to invent.”
Don’t delay in applying.
Disclosing to others (without confidential
agreement in place) may make it harder to get
patent rights (destroys novelty)
51. Patents
At the same time, if you don’t ever disclose
(trade secret) then may not need to get a patent
(to be discussed)
54. Industrial Designs
The useful article may be old. Industrial designs
protect new looking bicycles, even those that
work the same as old bicycles.
Third parties can sell bikes. Just not ones that
look like yours.
55. Industrial Designs
Industrial designs do not protect shapes that are
dictated by utility.
Cannot get an industrial design to protect a bicycle
wheel that is a perfect circle. That is purely
functional.
Patents protect purely functional things. Must be
new, useful and non-obvious. Can patent a circular
wheel that you have figured out how to last longer.
56. Industrial Designs
Industrial designs must be registered. Last up to 10
years.
Must be a degree of originality to the design.
Shape and appearance of your bicycle must not
closely resemble those already in the market.
58. Trade Secrets
Trade Secrets or Confidential Information
Do not need to be registered.
Under some circumstances, the law prevents
someone from using or disclosing information
you have kept confidential.
59. Trade Secrets
Almost anything can be considered confidential
information.
- Recipes/manufacturing formulas
- Internal business methods
- Financial information
- Customer lists
- Any information or tech that gives your business a
competitive advantage
60. Trade Secrets
Courts look at:
- extent information known by anyone else
- measures taken to guard it
61. Trade Secrets
Courts look at:
- value of the information to you or others
- time/money spent developing it
- how easily someone else could duplicate or
acquire the information from public means
62. Trade Secrets
Obligation of confidence can arise by:
1. Express or implied contract/agreement.
2. By relationship
- employees to employers
- by marriage
- fiduciary relationships (e.g. high level top
managers in a business)
63. Trade Secrets
The secret information loses its protection if you
disclose it to the public.
Use carefully drafted NDAs.
If information is useful technology and it risks
becoming disclosed, immediately look to
consider applying for patent rights.
64. Thank You
montréal ottawa toronto hamilton waterloo region calgary vancouver beijing moscow london
Kevin Sartorio
Partner, Gowling Lafleur Henderson LLP
Tel: 416-862-4492
Email: kevin.sartorio@gowlings.com
65. Protecting your Brand as you
Grow your Business:
Common TM Issues and How to Deal with Them
66. Trademark Law Basics
• Trademark Law
• Protects marks that are used to distinguish the goods or
services of one entity from another (indication of source)
• Aims to prevent confusion among consumers and protect
the goodwill associated with these marks
• A Trademark Can Be…
• Word, sign/symbol, logo, design, etc.
• New Act will permit tastes, scents, textures, holograms…
66
67. Common Law vs. Registered TM Rights
• Two types of trademarks
• Common law trademarks
• Registered trademarks
• No requirement to register a trademark
• However, rights associated with registered trademarks
are more extensive, so generally advisable to do so
67
68. Common Law vs. Registered TM Rights
Common Law Trademarks:
• Unregistered trademarks
• Rights acquired simply through adoption and use
• Rights are more narrow than registered rights:
• limited to the specific…
• Geographic region;
• Goods and services; and
• Format/design
…with which the mark has acquired a reputation
• Enforcement requires extensive evidence to prove this
reputation
68
69. 2
Registered vs. Common Law TM Rights
Registered Trademarks:
• A trademark formally entered on the Trademarks Register
• Registration provides:
• Exclusive right to use the trademark across Canada in
association with the wares/services listed
• Notice to the public of the registrant’s claim of ownership
of the trademark
• Prima facie evidence of the registrant’s ownership of the
trademark
• Access to additional rights of action under the Trade-
marks Act…
• …among other benefits!
71. Protecting Your Brand
• Marking your Trademarks:
• Unregistered trademarks - marked with the ™ symbol
• Registered trademarks - marked with the ® symbol
• Legal Lines
• Statement on packaging, etc. that provides public
notice of an owner’s trademark rights
• Ex. “GOWLINGS PRACTICAL® is a registered trademark
of Gowling Lafleur Henderson LLP”
• Particularly valuable when a trademark is being used
under license – presumption of a valid license
71
72. Protecting Your Brand
• Using Your Trademark Properly
• DO NOT alter or pluralize your trademark
• Distinguish the trademark from surrounding text by
using distinctive lettering (ex. upper case, bold, etc.)
• Ex. “X-BRAND shoes” rather than “x-brand shoes"
• Use trademark as an adjective modifying the name of
a product or service (rather than as a noun)
• Ex. “X-BRAND database software is the market leader”
rather than “X-BRAND is the market leader”
72
74. Comparative Advertising
• Comparative advertising involves the direct
comparison of a sponsored brand to a
competitive brand in an advertisement
• Invokes several areas of law, including competition
law, trademark law and copyright law
74
75. Trademarks and Comparative Advertising
Section 22 of the Trade-marks Act
• Section 22 of the Trade-marks Act prohibits a person from
using a trademark registered by another person in a manner
that is likely to have the effect of depreciating the value of the
goodwill in the mark
75
76. Trademarks and Comparative Advertising
Section 7 of the Trade-marks Act
• s. 7(a) provides that “no person shall make a false or misleading
statement tending to discredit the business, wares or services of a
competitor.”
• Applies to owners of registered and unregistered trademarks
• There are 3 essential elements to satisfy the provision:
1) a false or misleading statement;
2) tending to discredit the business, wares or services of a competitor; and
3) resulting damage
76
77. Trademarks and Comparative Advertising
Clairol v Thomas Supply & Equipment
• Plaintiff owned several registered trademarks in association
with wares (hair colouring preparations)
• Defendant used these marks on a hair colour comparison
chart on packaging and on a brochure inside packaging
• Use on packaging held to violate s.22
• Use on brochure not prohibited because, according to s.4(1) of
the Act, a mark is only used in association with wares if it is
visible to consumers at the time of purchase
77
78. Comparative Advertising
Other IP issues: Copyright
• Reproducing a competitor’s label, logo or packaging in a
comparative advertisement may amount to copyright
infringement even if TM law not violated
• Need to obtain release or license for every use of a copyrighted
work in an advertisement
78
79. Comparative Advertising
Take Away Messages:
• DO NOT use another party’s trademark in a way that is
likely to depreciate the goodwill giving that trademark
value
• DO NOT use a competitor’s trademark in comparative
advertising if it is registered for services
• In the case of wares, exercise caution in using another’s
mark on the product itself, on product packaging or at
point of sale displays (as opposed to in an ad)
• DO NOT forget about requirements of copyright and
competition law!
79
81. Compatibility Claims
Compatibility claims:
• Statements made by one party that its products can be
used with or are compatible with the goods of another
party
• Ex. “Brand X parts work with Brand Y products”
81
82. Compatibility Claims
Nintendo of America Inc. v Camerica Corp.
• Plaintiff owned NINTENDO and related trademarks in
association with video games
• Defendant introduced product called “Game Genie”
• Packaging included notice that the product was
compatible with plaintiff’s video games; NINTENDO
trademark appeared on packaging
82
83. Compatibility Claims
Nintendo of America Inc. v Camerica Corp.
• Plaintiff argued that defendant was depreciating the
value of the goodwill in Nintendo’s marks
• Court rejected argument, noting:
• (1) Products were not competitive, as in Clairol
• (2) Disclaimer on product packaging was unequivocal:
• Game Genie is a product of Camerica and “not
manufactured, distributed or endorsed by Nintendo of
America Inc.”
• Therefore, public would understand that product originated
from Camerica and not Nintendo
83
84. Compatibility Claims
Take Away Messages:
• Exercise greater caution when using another party’s mark in
association with a competing (and not simply compatible)
product
• Make it abundantly clear that the display of the trademark
does not signify that the goods are those of the other
trademark owner
• Disclaimers have an important role here
• DO NOT reproduce logos even if you are not violating any
TM laws since you may be infringing copyright
• Use only corporate name if possible
84
85. Thank You
montréal ottawa toronto hamilton waterloo region calgary vancouver beijing moscow london
Shelagh Carnegie
Partner, Gowling Lafleur Henderson LLP
Tel: 416-862-4682
Email: shelagh.carnegie@gowlings.com
87. Risk and Crisis Management
• What is the difference between risk management
and crisis management?
87
88. Risk and Crisis Management
• Risk management is proactive:
• Identify risks before a crisis occurs
• Put measures in place to reduce the likelihood that the
risk will materialize
• Develop a plan for managing the risk if it does
materialize
88
89. Risk and Crisis Management
• Crisis management is reactive:
• Risk has materialized
• It has or will become public
• You have to control:
• Harm to the public
• Damage to the company
89
90. Managing Risk
• Importance of Managing the Risk
• Minimizes chance of risk materializing
• Provides evidence of your due diligence before the
crisis develops in the event you are sued for:
• Negligence
• Breach of a regulatory standard
• Breach of contract
• Prepared and ready to manage a crisis if one should
arise
90
91. Managing Risk
• 4 Key Steps To Risk Management
• Identify your Vulnerabilities
• Prepare proactive Measures to Minimize Risk
• Create a Crisis Management Team
• Create a Crisis Management Plan
91
92. Managing Risk
• First Step – Identify where are you most
Vulnerable?
• Privacy of consumer information - breach of data security
• Error in manufacturing or contaminated process leading to a
product recall
• Reputational risk and loss of credibility
• Incorrect public and regulatory disclosure
• Large machinery – workplace safety
• The public, regulators, lenders and shareholders may forgive
you for an accident but they are unlikely to forgive you for
arrogance, insensitivity or lack of preparation.
92
93. • “Going through the crisis there are two advisers
I’ve paid no attention to. The first are the
lawyers, and the second are the accountants. It’s
not about money or legal liability; this is about
our being accountable for providing consumers
with safe food. This is a terrible tragedy. To
those people who have become ill, and to the
families who have lost loved ones, I want to
express my deepest and most sincere
sympathies. Words cannot begin to express our
sadness for your pain.”
- Michael McCain on the listeriosis outbreak
93
94. Managing Risk
• Second Step - Proactive measures to minimize
risk
• Consulting stakeholders, employees, industry experts
and legal advisors
• Creating policies and/or protocols to be followed
• Creating systems to ensure policies or protocols are
followed
• Training employees on policies and protocols
• Develop communications strategy
• Anticipate litigation
94
95. Managing Risk
• Third Step – Create a Crisis Management Team
• May need different people for different crisis
• You will always need
• Core group of senior managers
• communication specialists
• legal advisors
• subject matter experts
95
96. Managing Risk
• Fourth Step – Create a Crisis Management Plan
• It’s a “blue print” or “game plan” for crisis management
• It provides for well-thought out decisions made in
peaceful times
96
97. Managing Risk
• Your plan should:
• Define the range of crises that can occur
• Identify tasks to be performed in the crisis
• Assign responsibility for each task
• Ensure plan is capable of being implemented at time of
crisis
97
101. First Example of Crisis Management: Product Recalls
• One of the most obvious places in manufacturing
where the standard of care comes into play is when
deciding if, and how, to institute a product recall
• First consideration is the defect: is there a danger to
health, or simply that the product doesn’t work in the
way it should?
101
102. Product Recalls
• Key considerations in deciding whether to
institute a recall when there is a danger to health
• How severe is the effect?
• How likely is it to happen?
• If it is likely to happen, how often will it happen?
• Risk benefit analysis
102
103. Product Recalls
• Risk Management Protocol
• needs to set clear chains of reporting for product recall
purposes
• How high up the chain the notification goes must
depend on:
• Severity of incident
• Frequency of incident
• This ensures right decision makers are informed as
soon as possible
103
105. Case Study – Blue Bell Creameries
• Blue Bell
• Number 3 producer of ice cream in the United States
• Products marketed in 23 different states
• One particular product was found to contain listeria
bacteria
• A total of 10 cases of listeria illnesses reported – 3 deaths
• Immediate recall of all products, everywhere. Overkill?
105
106. Product Recalls
• Consequences of Recalls – the Double Edged
Sword
• Can limit liability
• Can also be a magnet for legal proceedings
• Plaintiffs’ counsel are entrepreneurs
• Product recalls
• are an invitation for a lawsuit
• are often seen as an admission of fault with respect to
the product
106
107. Case Study – Vioxx and Celebrex
• Two drugs did essentially the same thing
• Questions raised as to potential harmful effects
including risk of stroke
• Merck withdrew Vioxx, Pfizer kept Celebrex on the
market
107
108. Vioxx and Celebrex
• Merck settled claims in the US for $4.85 billion and
in Canada for $33 million
• Pfizer continues to market Celebrex, and settled
claims in the US for $894 million and in Canada for
$12 million
• As of 2013 annual US sales of Celebrex over $2.1
billion
108
109. Litigation Risks – Class Actions and Privacy
• Who should have privacy concerns?
• Do you keep employee information?
• Do you make sales to the public?
• Do you collect financial information about individuals?
• Do you have access to or store medical information?
• Do you have location/tracking capabilities?
109
110. Litigation Risks – Class Actions and Privacy
• Sources of Privacy Claims
• Privacy Statutes
• Federal
• Provincial
• Torts
• Intrusion on Seclusion
• Negligent Breach of Privacy
• Breach of Confidence
110
111. Litigation Risks – Class Actions and Privacy
• Statutory Causes of Action
• PIPEDA (Federal)
• Finding by Commissioner can be used to support a law
suit
• Private cause of action is coming
• Privacy Statutes
• BC, Sask, Man, Nfld
“It is a tort, actionable without proof of damage, for a
person, wilfully and without a claim of right, to violate the
privacy of another” – BC Privacy Act
111
112. Litigation Risks – Class Actions and Privacy
• Ontario - PHIPA
• Damages for actual harm
• Damages up $10,000 for mental anguish where breach
was done willfully or recklessly
• Not a complete Code – ONCA Hopkins
112
113. Litigation Risks – Class Actions and Privacy
• Common Law Causes of Action
• Intrusion on seclusion
• Negligent breach of privacy
• Breach of Confidence
113
114. Litigation Risks – Class Actions and Privacy
• Damages
• Negligent breach and breach of confidence – damages
have to be proven
• Intrusion on Seclusion
• Actual damages do not have to be proven
• I REPEAT
• Actual damages to not have to be proven
• No loss – damages limited to $20,000
114
115. • Privacy Cases brought as Class Actions –
Statutory Breaches
• Douez v Facebook
• Facebook’s liability under statute certified as a common
issue
• Ladas v Apple
• Not certified - may be because of poorly drafted
pleadings
115
116. Litigation Risks – Class Actions and Privacy
• Privacy Cases brought as Class Actions –
Intrusion on Seclusion
• Employee for Minister of Human Resources lost encrypted
hard drive with student loan information – certified
• Bank employee’s girlfriend disseminated highly confidential
information to 3P fraudsters (identity theft and fraud) - certified
• Employee of the health authority accessed information of over
1000 patients with no valid reason
• Strip searches on forensic psychiatric patients
116
117. Litigation Risks – Class Actions and Privacy
• Here’s why a seemingly small breach can be so
costly:
• Reputational Harm
• Litigation Risks
• Damages and cost awards
• Class actions consolidate relatively small
claims to create a substantial liability
• Internal Resources expended
• To respond to litigation
• To recover lost data
• Repair or replace IT systems
117
118. • Class Actions Arise
• Inadvertent disclosure
• Challenges to business practices
• Insufficient protective measures in place (i.e. allowed
hackers etc. to access data)
• Collection and or use of information without consent
• Breached privacy policy (breach of contract)
118
119. • Risk Management – Preventing Breaches –
Where are you Vulnerable?
• Stolen or lost property (laptops, blackberry, i- Phone,
USB key)
• Insufficient policies, practices and monitoring
• Breakdown in technology
• Data transfer, including domestic and international
outsourcing
119
120. Litigation Risks – Class Actions and Privacy
• Standard of Care
• Consent
• Inform party of uses to which information will be put
• Limit use to
• what is necessary
• what party has consented to
• Policies
• Use of simple password alone, not enough
• Leaving laptop unattended
• Encryption for sensitive data
• May also need to be able to destroy remotely
120
121. Litigation Risks – Class Actions and Privacy
• Training
• Employee awareness of privacy issues, policies and
procedures
• Systems in place to monitor data protection
121
122. Conclusion
• You may look at these suggestions and say that you
do not really need to follow them. You may view
them as unnecessary insurance.
• However, a crisis is very much like a flood or a
hurricane. It happens with little notice and the
consequences can be tragic if preparations have not
been put in place.
122
123. Conclusion
• When dealing with crises, litigation and other high risk business
choices clients need to remember the following considerations:
• Implement the plan you created
• Communication transparency
• Use creative approaches to problem resolution
• Management of your legal risk
• Cost controls
• Managing your business during a crisis is often forgotten
123
124. Conclusion
• Crisis management is only effective if it reflects the landscape
in which it operates
• Remember to communicate quickly and clearly with your
stakeholders and be:
• Authentic
• Transparent
• It is all about creating TRUST
• Your core stakeholders will determine the consequences of the
crisis for your organization
124
127. 2
In House Privilege in Canada
• In Canada, solicitor-client privilege applies to
communications involving in house counsel in
the same way it applies to communications
involving external counsel
• Solicitor-client privilege will not apply to advice
given by in house counsel in a non-legal
capacity
128. In House Privilege in Canada
• In determining if in house counsel
communications are privileged, courts will
consider the following factors:
• The nature of the relationship between the lawyer and
the client;
• The subject matter of the advice; and
• The circumstances in which it is sought and rendered
128
129. 4
Factors In Privilege
• Business department head sends a memo
addressed to both legal and land departments
outlining facts and asking for their views
130. 5
Factors In Privilege
• Memo from counsel is focused on how the
company can minimize criticism in the context of
a public inquiry
131. 6
Factors In Privilege
• Memo from in house counsel dealing with legal
issues is addressed to the person who
requested it, and cc’d to numerous others in the
company
132. 7
Factors In Privilege
• Company has unearthed problems with apparent
bribery of foreign officials
• In house counsel circulates questionnaire to
numerous employees asking for confidential
responses to questions of a factual nature
• Are the completed questionnaires privileged?
133. 8
Factors In Privilege
• The recipient of a legal memo (not in legal
department) writes a memo of his own, with a
non-legal focus, in the course of which he/she
summarizes the contents of the legal memo
• Is any or all of the recipient’s memo privileged?
134. Factors In Privilege
• Business person writes a commentary on a
memo from the legal department, disagreeing
with the conclusion; is this privileged?
• What if the writer agrees with the conclusion?
134
135. In House Privilege in the United States
• Generally the same as in Canada
• Majority of US courts test for privilege in US:
communications re subject matter of a legal
representation are protected if made by
employees to in house counsel at direction of
corporate superiors, and employees aware
they were being questioned so corporation
could receive legal advice
• Can be tied to the state in which the attorney
is licensed
135
136. In House Privilege in the European Union
• European Court of Justice held that under EU
law there is no “legal professional privilege” for
communications with in house counsel
• In-house lawyers not considered independent
• Akzo Nobel Chemicals and Akcros Chemicals v
Commission, C-550/07 P (Sept. 14, 2010)
• May apply to advice from lawyers outside EU
• To attract privilege in EU, communications must
have been prepared as part of a client's right of
defence by an independent lawyer who is a
member of an EU Bar Association
136
137. Top 10 Recommendations
1. Be clear as to role of lawyer in receiving or
making communications
2. Keep non-legal roles distinct from legal roles
3. Be clear respecting the purpose of the
communication (including meetings)
4. Avoid mixing privileged and non-privileged
statements in a single document or email chain
5. Limit distribution – communication regarding
privileged information should be done only on
a need-to-know basis
137
138. Top 10 Recommendations cont.
6. Keep physical control over copies of privileged
(or other sensitive) records
7. Educate senior non-legal personnel re what is
privileged and re importance of maintaining
confidentiality
8. Consider marking sensitive documents to show
intention to keep privileged
9. Use outside counsel for corporate
investigations
10. Consider jurisdictional issues
138