RECORDING: CAN-TECH 2024 Spring Conference: Peeling Back to Basics: Technology Contracts

Recorded June 7, 2024

The CAN-TECH Spring Conference is back and, following last year's success, will focus on discussing practical tips and tricks for junior to mid level technology lawyers to apply in their practices. The event was held from coast-to-coast – starting in Vancouver and ending in Halifax – with five offices (Vancouver, Regina, Toronto, Montreal, and Halifax) each hosting one live panel and participating in the other panels via Zoom. The one-day, pan-canadian program, with hybrid in-person and webcast sessions, will see panels across five satellite locations discuss a range of topics, including drafting and negotiating strategies and pitfalls to look out for in technology contracts.

The hope was that the attendees would leave the conference feeling more confident and comfortable in their understanding of technology transactions, the contracts, and the issues that often come up in them. Based on the expertise the panelists shared, and the accompanying materials, mission accomplished.

Spring Conference Co-chairs:

Justine Gauthier, General Counsel & Head of AI Governance, Mila 

Justine Gauthier is the General Counsel & Head of AI Governance of Mila, a prominent artificial intelligence research institute at the intersection of industry, academia and government, where she also acts as Privacy Officer and Corporate Secretary. A leading voice on the emerging legal and ethical issues surrounding artificial intelligence, Ms. Gauthier is deeply involved in the Canadian innovation ecosystem, and sits on the boards of Front Row Ventures, AInBC, and the Canadian Technology Law Association.

 Dorian Morrison, Senior Associate, McCarthy Tétrault LLP

Dorian Morrison is a senior associate in McCarthy Tétrault’s Business Law and Information Technology Law groups in Vancouver. Dorian regularly advises clients, both in the public and private sectors, on complex commercial transactions including technology procurements, technology-based outsourcings, cloud agreements and other commercial transactions.

Dorian has been seconded to two different national organizations in the United Kingdom allowing her to work alongside the in-house legal, procurement and sales teams.

Dorian obtained her Bachelor of Commerce degree from the University of Calgary in 2011 and her Bachelor of Laws degree from the University of Leicester in 2014. Dorian completed her legal training in the United Kingdom and became a member of the Law Society of England and Wales in 2017. Prior to joining McCarthy Tétrault LLP, Dorian worked at an international law firm in London, UK where she practiced in the commercial and IT group.

Locations:

The conference was recorded in Vancouver, Winnipeg, Montreal, Toronto and Halifax.

CPD - This program is eligible for up to 5 Substantive Hours 

Vancouver: Service levels, service credits

An intriguing discussion on the topic of service levels, why they are important and how they can be drafted to provide protection to both buyers and sellers will leave you with practical tips to implement in your daily practices. Junior and mid-level associates are often tasked with reviewing service levels in technology contracts and we want to ensure you are equipped with the knowledge required to understand the drafting nuisances of service levels and how one or two simple words (e.g. exclusive remedy) can change the trajectory of contract negotiations. We will also discuss other relevant topics such reporting on and tracking service levels.

Moderator:  Justine Gauthier, General Counsel & Head of AI Governance, Mila 

Speakers: 

• Dorian Morrison, Senior Associate, McCarthy Tétrault LLP
• Kelsey Franks, Associate, McCarthy Tétrault LLP

Winnipeg:  Negotiation

Join us for an engaging panel discussion on mastering negotiation in the realm of technology contracts. From leveraging industry standards to anticipating emerging trends, attendees will gain practical tips and tricks to enhance their negotiation skills and achieve favorable outcomes. Whether you're a junior associate or a more seasoned negotiator, this session promises to equip you with the tools necessary to thrive in the ever-evolving landscape of negotiating technology contracts.

Moderator: Danielle Graff, Partner, MLT Aikins LLP

Speaker: 

• David Carrick, Counsel, MLT Aikins LLP
• Nicolas Joubert, Associate, MLT Aikins LLP

Montreal: Tech Terms Unveiled: Understanding EULAs, Terms of Use and the arrival of GenAI

This session promises to be an engaging discussion for legal professionals eager to grasp the essentials of technology contracts and the exciting new realm of Generative AI. Together, our esteemed panelists will guide you through the intricacies of End-User License Agreements and Terms of Use, illuminating the technical nuances that distinguish on-premises software from cloud solutions and how these differences manifest in legal terms. As the tech world dives into Generative AI, we'll explore its impact on technology contracts, introducing novel contractual concepts and examining how Generative AI contracting is built upon established agreements.

Speakers:

• Misha Benjamin, Partner, Co-Leader for Tech and AI at BCF Business Law
• Claire Mazzini, Corporate Counsel, Microsoft Canada
• Jean-François De Rico, Partner,  KPMG Canada

Toronto:  NDAs? NBD! A primer on confidentiality agreements

Have you been asked for an NDA or a confidentiality clause and faced precedents ranging from a paragraph to 10 pages in length? How much of that language does your client actually need, and why?

Join us for a discussion of key considerations to navigating the varied landscape of confidentiality agreements.

Moderator: Paul Burbank,  Associate, Fasken

Speakers:

• Amy Fliam, Partner, Wilkinson Barker Knauer LLP
• Brandon Track, Corporate Counsel, Cisco Systems Canada Co.
• Anagha Nandakumaran, Associate, Fasken

Halifax: Privacy/Cyber Security/AI policy development

In the rapidly evolving digital landscape, the intersection of privacy, cybersecurity, and AI policy development is critical. This presentation will delve into the latest guidelines and best practices for creating robust AI systems that prioritize security and privacy. The presentation will also cover the development of comprehensive cybersecurity policies, aligning with industry standards and regulatory requirements to protect sensitive information and mitigate risks. Furthermore, we will discuss the joint guidance provided by international cybersecurity agencies, which outlines methodologies and controls to safeguard AI systems. By the end of this presentation, attendees will have a clearer understanding of the principles and practical steps necessary for developing and implementing effective privacy and cybersecurity policies in the context of AI.

Speakers:

• David Fraser, Partner, McInnes Cooper
• Charlotte Henderson, CIPP/C Associate & Trademark Agent, Stewart McKelvey
• Lola Williams-Afolabi, Associate, Boyneclarke Lawyers LLP

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