Canadian Technology Law Association - 2023 CAN-TECH Law Fall Conference

2023 CAN-TECH Law Fall Conference

October 25-26, 2023

HART HOUSE, UNIVERSITY OF TORONTO

7 Hart House Circle, Toronto ON, M5S 3H3

Join your peers and take advantage of this opportunity to gain solutions to current and complex issues arising in technology law.

Register for our exclusive dinner event following the cocktail reception on October 25 and build on your opportunity to network with peers, engage in insightful discussions, and relax in a refined space after a day filled with learning and interaction.

CPD INFORMATION

CPD Confirmed:

1 Hour of EDI.

1 Hour and 30 Minutes of Professionalism.

18 Hours and 15 Minutes of Substantive.

Conference Co-chairs:

Andrew Nunes

Partner,
Fasken

Monica Sharma

Partner,
Clark Wilson LLP

DAY 1 (Click to Expand)

9:00 to 10:45 am EDT

Welcome and Opening Remarks from the President & Co-Chairs

Jennifer Davidson, Partner, Deeth Wall Williams LLP

Andrew Nunes, Partner, Fasken

Monica Sharma, Partner, Clark Wilson LLP

Plenary: Legal Generative AI -- Managing Practice and Ethical Risks for Lawyers

Businesses, law firms, and law societies are looking at ways to harness the transformative power of generative AI technology. Legal professionals are increasingly investigating AI technology to find ways to work smarter and automate tasks, such as legal research and document review. Legal professional use of generative AI poses unique risks:

How do law society regulations and rules of practice apply to the use of generative AI?

What are the ethical obligations for using new technologies in your legal practice?

Lawyers must be accountable for how they use technology to guide their legal decisions – what due diligence is needed?

Can privilege be maintained while using generative AI in your legal practice?

Moderator: Maya Medeiros, Partner, Norton Rose Fulbright LLP

Brian Chau, Partner, Norton Rose Fulbright LLP

Dan Adamson, Co-Founder and CEO, Armilla AI

Harshita Bhatnagar, Principal Corporate Counsel, Microsoft Canada

Raymond Leclair, Vice President, Public Affairs, LAWPRO

10:45 to 11:00 am EDT Networking Break

11:00 to 12:30 pm EDT

Track 1: Regulatory Reporting Report Card: guidance from behind the curtain on data breach

Advice and best practices are often shared amongst breach counsel, but what happens behind the curtain once a report is sent to privacy regulators? Join us for a panel of regulators as they share their view on practical guidance for making the breach reporting better for all those involved. This session will cover the content of responses, common pitfalls and/or challenges, and other ways to improve reporting methodology, minimize risk and protect against exposure to individuals.

Moderator: Tetyana Klimova,Senior Consultant, Privacy & Data Trust (Cybersecurity), EY

Nji Lionel Nji, Director, Compliance Support, Office of the Information and Privacy Commissioner of Alberta

Sue Lajoie, Executive Director of Compliance, Intake and Resolution Directorate, Office of the Privacy Commissioner of Canada

Ethan Plato, Legal Counsel, Office of the Information and Privacy Commissioner for British Columbia

Track 2: Lifecycle of Technology Contracts: Navigating Provisions from Negotiation to Litigation

As technology lawyers, we toil over negotiating the nuances in key provisions of technology contracts - In some cases to protect against legal risk and in others to create operational certainty for our clients. CAN-TECH has gathered esteemed panelists to share their expertise and practical insights on the lifecycle of these provisions and how they play out in dispute. Through real-world examples, attendees will gain a comprehensive understanding of how the provisions they draft and negotiate are deployed, disputed and ultimately litigated. From performance warranties to indemnification, this panel will take attendees out of the theoretical and into the practical realities of these provisions. The panelists will explore the implications and potential challenges associated with each stage, offering valuable strategies to minimize risk and navigate disputes that may arise during the implementation of technology contracts. This interactive discussion encourages audience participation, allowing attendees to ask questions, seek clarification, and engage in meaningful conversations with the panelists. Whether you are a technology contracting lawyer, litigator, or involved in the negotiation and implementation of technology contracts, this session provides a unique opportunity to enhance your knowledge, refine your approach, and master the complexities of technology contract provisions.

Moderator: Lisa Danay Wallace, Partner, Technology & Intellectual Property, WeirFoulds LLP

Sarah Stothart, Litigation Associate, Goodmans LLP

Sumeet Dang, Senior Counsel, Davies Ward Phillips & Vineberg LLP

Jennifer Wray, Executive Director, Student Information, Data & Education Network Services, Office of Information Management of British Columbia

12:30 to 2:00 pm EDT

Lunch/Fireside chat: The Law of Robotics. Technological and Legal Challenges Impacting Humanity?

The adoption of robotic and artificial intelligence technologies challenges the very foundations of our laws. In this fireside chat with Gerardo Lebròn Laboy, independent Researcher of Law, Robotics, and AI, we will discuss whether robots should be classified as legal persons, something currently being considered by the European Union, and what are the legal and ethical implications of categorizing robots wrongly.

Moderator: John Philip Koopmann, Innovation, Science and Development Canada

Gerardo Lebròn Laboy, Professor, University of Puerto Rico

2:00 to 3:30 pm EDT

Track 1: Children's privacy: Codes and beyond

A growing movement for stronger protections for children and young people online has gained significant traction, most notably in the form of age appropriate design codes in jurisdictions like the United Kingdom and California. Learn about this next “gold standard” coming to a theater near you and what you might need to do to prepare for it. This panel will include experts from the regulatory, civil society, and industry perspectives and will explore a number of aspects of children’s privacy including:

Core elements of age appropriate design codes

Age gating and other verification tools

Cybersecurity and child protection online

Other novel approaches

Contractual considerations

Moderator: Ethan Plato, Legal Counsel, Office of the Information and Privacy Commissioner for British Columbia

Elizabeth Denham, CBE, Board Member of the 5Rights Foundation and Consultant, Baker & McKenzie LLP

Francis Haugen, Co-founder of Beyond the Screen, Algorithmic Product Expert, and Advocate for Accountability and Transparency in Social Media

Emma Day, CEO Asia & North America, Tech Legality

Track 2: IP in the Metaverse

As the immersive digital world of the metaverse continues to change and evolve, businesses are faced with unique intellectual property (IP) issues as they look to adapt their business and marketing strategies. In this session, learn about how the metaverse is challenging traditional IP concepts and how businesses are navigating new IP issues raised by the metaverse. Issues to consider include IP management in a virtual world, obtaining trademark protection for virtual goods and services, protecting brands from misuse in the metaverse, obtaining rights in blockchain domain names, virtual property rights, and ownership of IP rights in user generated content. Hear from experts in intellectual property law as they discuss the fundamental impacts of the metaverse on core intellectual property rights.

Moderator: Monica Sharma, Partner, Clark Wilson LLP

Sam Ip, Partner, Osler Hoskin and Harcourt LLP

Catherine Lovrics, Partner, Marks & Clerk LLP

3:30 to 3:45 pm EDT Networking Break

3:45 to 5:15 pm EDT

Track 1: Regulatory Landscape of Digital Tokens in Canada: From Bitcoin to NFTs

This panel will delve into the current status of digital tokens under Canadian law, examining the legal treatment and categorization of Bitcoin and other popular cryptocurrencies, stablecoins, and other similar crypto assets, as well as the burgeoning world of Non-Fungible Tokens (NFTs). We'll explore how these digital assets are classified under existing legal frameworks and how they interact with securities and anti-money laundering laws, among others. The session will address the key challenges in applying traditional laws to these new types of assets, the ongoing efforts by Canadian regulators to provide clarity and ensure consumer and investor protection, and what these developments mean for lawyers who act for entrepreneurs and mid-sized companies. The aim is to provide an up-to-date, comprehensive overview of the legal landscape surrounding digital tokens in Canada.

Featuring:

Christopher Bent, Senior Legal Counsel, Ontario Securities Commission

Laure Fouin, Partner, Osler, Hoskin & Harcourt LLP

Evan Thomas, Head of Legal, Wealthsimple Crypto

Track 2: Legislative Updates from Quebec

New obligations and the latest on Bill-96, Law-25

Moderator: Nancy Cleman Ad.E, Partner, Associée, Lapointe Rosenstein Marchand Melançon S.E.N.C.R.L.

Antoine Guilmain, Co-leader Cybersecurity & Data Protection, Gowling WLG (discussing Privacy – Law 25 part 2)

Robin Gould-Soil, Chief Privacy Officer, Pentavere (discussing Privacy Impact Statements)

Isabelle Jomphe, Partner, Lawyer and Trademark Agent, Lavery (discussing Bill 96 & use of French in Quebec with respect to labelling, advertising and public signage)

5:15 to 5:30 pm EDT

Closing remarks and AGM

5:30 to 6:30 pm EDT

Cocktail Reception

7:00 to 9:00 pm EDT

Hart House Dinner - Ticketed Event

DAY 2 (Click to Expand)

7:30 to 8:50 am EDT

WIT Breakfast

8:50 to 10:30 am EDT

Opening Remarks from the Co-Chairs and Plenary: Understanding Obligations, Weighing Risks and Preparing for Change under the Proposed Critical Cyber Systems Protection Act

Bill 26 introduces the Critical Cyber Systems Protection Act (CCSPA) which aims to provide a framework for the protection of the critical cyber systems of services deemed vital to national security and public safety. The Act would require designated operators in the finance, telecommunications, energy and transportation sectors to undertake a comprehensive review of their cyber systems and supply chains and create an offensive security posture in compliance with the CCSPA. With 85% of Canada's critical infrastructure owned and operated by the private sector, provinces, and non-governmental agencies, the CCSPA, if passed, will shape much of Canada’s cybersecurity landscape for years to come. This panel will discuss:

Building robust cybersecurity programs

Supply chain and third party service provider risks

Mandatory reporting of select cyber incidents

Administrative monetary penalties and regulatory offenses under the CCSPA

Moderator: Kristin Ali, Corporate Counsel, Enterprise Holdings

Aaron Tantleff, Partner, Technology Transactions, Cybersecurity, and Privacy, Foley & Lardner LLP

Richard Larose, Senior Technical Advisor, Canadian Centre for Cyber Security

Matt Saunders, Lawyer, Data Privacy, Cybersecurity, and Digital Law, Deloitte Legal Canada LLP

10:30 to 10:45 pm EDT Networking Break

10:45 to 12:15 pm EDT

Track 1: Governing Laws – Hear from local tech counsel on what you risk when you stray from your province

As technology lawyers, we are often faced with agreeing to the governing law of other jurisdictions. This session is focused on providing attendees with a practical understanding of key implications on some common clauses if you agree to a foreign governing law. Our panel of highly knowledgeable technology lawyers are from commonly requested jurisdictions, including lawyers from Ontario, Quebec, New York, Netherlands and the United Kingdom. They will take you through the nuances of their jurisdiction’s laws on certain key clauses. From exculpatory clauses, statutes of limitations, and indemnification to other critical clauses, attendees will gain a deeper understanding of how governing law can impact tech contract negotiations and outcomes. The interactive nature of the session will allow for a meaningful discussion delving deeper into specific challenges and benefits of agreeing to the governing law of each jurisdiction.

Moderator: Andrew Alleyne, Partner, Fasken

Elze't Hart, Advocaat/Associate Partner Information and Technology and Privacy, Van Benthem & Kuelen

David Cummings, Partner, Bortstein Legal Group

Emily Hutchison, Associate, Blue HF Legal LLP

Track 2: Unlocking AI Success: Essential Contract Provisions and Negotiation Considerations

Join our expert panel as they discuss key drafting and negotiating successful agreements for AI technologies. Learn how to protect your interests with clear objectives and the necessary contract language. The panel will address such core areas as data rights/ownership, liability safeguards, bias prevention and intellectual property protection. The panel will also talk about critical risk mitigation approaches and future-proofing strategies.

Moderator: Andrew Nunes, Partner, Fasken

Lisa R. Lifshitz, Partner, Torkin Manes LLP

Daniel Bourque, Assistant General Counsel, Workday

Jeremy Gordon, Head of Legal, North America, Thoughtworks

12:15 to 12:45 pm EDT Lunch

12:45 to 1:45 pm EDT

Lunch/Plenary: Strengthening the External and In-House Counsel Partnership: Insights and Operational Realities

Join us for an engaging panel discussion, where experienced in-house counsel will share key wins and pitfalls encountered when working with external counsel. This session offers a unique opportunity for external counsel to gain frank and honest insights into the realities faced by in-house legal departments. Discover how to best serve in-house counsel by gaining a richer understanding of the environments in which they operate. Enhance your collaboration, efficiency, and success in this valuable session allowing an open and honest discussion from in-house counsel and an opportunity to level up your client relationships for external counsel.

Moderator: Arun Krishnamurti, Senior Counsel, Google

Jacquie Hawkins, Vice President, Associate General Counsel, Teranet Inc.

Aarani Stoneham, General Counsel, ModiFace, Inc., a L'Oréal Group Company

Beatrice Bozinovski, Senior Legal Counsel, Corporate and Governance, HOOPP

2:00 to 3:15 pm EDT

Plenary: Generative AI: Show and Tell

Legal professionals are increasingly interested in technology to find ways to work smarter and harness the transformative power of generative AI technology. This interactive session will involve demonstrations of generative AI products to provide an opportunity to learn about different technology tools and ask questions. This showcase of different AI technologies (including but not limited to legal technology) will help lawyers keep up with this rapidly developing area.

Featuring:

Benjamin Alarie, Co-Founder and CEO, Blue J

Stephanie Curcio, Co-Founder and CEO, NLPatent

Philip Dawson, Head of AI Policy, Armilla AI

3:15 to 3:30 pm EDT Networking Break

3:30 to 4:30 pm EDT

Plenary: How to Tackle Micro-Inequities as Lawyers: Practical Tips for Your Workplace

CanTech invites you to join us for a training session on micro-inequities. In our profession, diversity, equity and inclusion are part of everything we do. Retention of diverse talent in the legal industry, and particularly lawyers specializing in technology matters, has been top of mind for many organizations. We want everyone to learn what it takes to create an inclusive culture and to understand how to recognize unhelpful behaviours in ourselves and others. No one is perfect: we all trip up and say something we regret or later feel was inappropriate, and many may have been on the receiving end of these behaviours. During this session, we will walk through a series of scenarios and discuss how to identify and challenge these behaviours.

Topics

What are micro-inequities?

Why do they have such an impact?

How to avoid exhibiting these behaviours

How to confront these behaviours in ourselves and others

Featuring:

Sacha de Klerk, Head of Diversity, Equity, and Inclusion, Norton Rose Fulbright LLP

4:30 to 5:30 pm EDT

Plenary: PRIVACY ROUNDTABLE: Ransomware Attack: can you negotiate your way out?

Join our panel of experts for a mock cyber incident response workshop. This interactive exercise will provide a scenario of a ransomware attack and canvas the audience to determine response activities and their consequences. This unscripted workshop will react live to the threats posed by attackers with consideration to all stakeholders, employees, regulators and the public. Move fast or deal with the repercussions in this real-time response exercise.

Featuring:

Jennifer Davidson, Partner, Deeth Williams Wall LLP

David Fraser, Partner, McInnes Cooper

Bernice Karn, Partner, Cassels Brock & Blackwell LLP

Ira Parghi, Partner, INQ Law

5:30 pm EDT Closing remarks (co-chairs)

CAN-TECH Law IN-PERSON or VIRTUAL CONFERENCE OPTIONS:

Member Conference only:

CAN-TECH Law Member : $1,695 + tax
CAN-TECH Law Member (In-house/Gov) : $975 + tax
Student : $300 + tax

Member Conference and 2024 membership renewal:

CAN-TECH Law Member Bundle (Under 5 Years) : $1,845 + tax
CAN-TECH Law Member Bundle (Over 5 Years) : $1,970 + tax
CAN-TECH Law Member Bundle (In-House/Gov) : $1,150 + tax
Student Bundle : $330 + tax

Non-member Conference only:

Non-member : $1,895 + tax
Non-member (In-house/Gov) : $1,275 + tax
Student : $300 + tax

Non-member Conference and 2023/2024 membership:

Non-Member Bundle (Under 5 Years) : $1,845 + tax
Non-Member Bundle (Over 5 Years) : $1,995 + tax
Non-member Bundle (In-house/Gov) : $1,175 + tax
Student Bundle : $330 + tax

Please note the Conference recordings (to be made available a few weeks after the conference) will automatically be provided access at no extra cost to all in-person and virtual registrants.

2023 CAN-TECH LAW FALL CONFERENCE DINNER

Join us for an exclusive dinner event following the cocktail reception at the CAN-TECH Law Fall Conference. This dinner is not just about the delightful three-course meal or the two complimentary drink tickets; it's an opportunity to network with peers, engage in insightful discussions, and relax in a refined space after a day filled with learning and interaction.

HIGHLIGHTS:

Dining Experience: Enjoy a meticulously crafted three-course meal that showcases a blend of traditional and contemporary culinary techniques.
Beverage Selection: We've curated a range of beverages to complement your meal, including fine wines and refreshing sparkling drinks, ensuring there's something to suit every palate.
Networking Opportunities: The CAN-TECH Law Conference Dinner is more than just food and drink; it's a platform for meaningful interactions. Engage in insightful conversations, share experiences, and build connections with fellow attendees, industry leaders, and speakers.

Date & Time: October 25, 2023 - 7-9 p.m.

Location: The Great Hall, Hart House

Price: $130 plus HST

Includes:

Three-course dinner.
Fine wine and drink options.
Networking and socializing with colleagues thought-leaders alike.

VIRTUAL CONFERENCE ACCESS INFORMATION:

Details on how to access will be emailed to all registrants well in advance of the proceedings. The details will be emailed to the address entered when registering for the conference. Be sure to check your spam folder! If you are not able to locate the access information by 9 a.m., October 20, please email contact@cantechlaw.ca. It is the responsibility of the registrant to make sure they have the access information.
It is up to each registrant to ensure they have a strong internet connection prior to the event. Please be sure to test your connection well in advance.

PLEASE REVIEW IF ATTENDING IN-PERSON - SAFETY FIRST:

The venue will be following all local government protocols. See here
Stay home/participate virtually if you feel unwell or are exhibiting any COVID-19 symptoms. If unwell, we ask you to complete a COVID-19 test and quarantine until a negative result is confirmed. If needed, COVID-19 tests can be purchased locally. Please note, with currently circulating COVID-19 variants, it is common for rapid tests to be unable to detect COVID-19 until several days into infection – hence even if you have symptoms consistent with COVID-19 and are testing negative, please participate virtually.

Sponsored By:

SPONSORSHIP INFORMATION AVAILABLE HERE.

Interested in sponsoring the 2023 CAN-TECH Law Fall Conference? See the above link for details on sponsorship opportunities, or email contact@cantechlaw.ca for more details.

WHERE TO STAY

Chelsea Hotel Toronto - (1.5 kms away from Hart House)

The Chelsea Hotel, Toronto provides comfort in the heart of downtown Toronto and guests are within walking distance of prime retail districts, colourful local neighbourhoods and major tourist attractions. As Canada’s largest hotel with 1,590 rooms, guestrooms are complimented with complimentary basic Wi-Fi and most rooms feature balconies, offering stunning views of the downtown core. The Chelsea Hotel, Toronto offers 3 in-house dining options. Relax in the lobby bar— T|Bar. Enjoy breakfast, lunch and dinner on the seasonal patio with Market Garden. While Express|o coffee and wine bar is the solution for an afternoon treat. Relax and rejuvenate on Deck 27. This perfect adult-only urban retreat includes Exert fitness centre, an indoor heated swimming pool and a seasonal sundeck. The Family Fun Zone, located on the 2nd floor, includes a family pool featuring the 130-ft indoor “Corkscrew” waterslide, Kid Centre with resident bunnies and Club 33 teen lounge.

Receive a 17% discount when you register through our exclusive booking link here, or when you call and quote CAN-TECH Law.

Yorkville Royal Sonesta - (1 km away from Hart House)

Situated on Toronto's renowned Mink Mile in the heart of the Culture Corridor, The Yorkville Royal Sonesta Hotel Toronto provides an unparalleled introduction to one of Canada's most remarkable cities. Luxurious guest rooms exude a cosmopolitan air and breathtaking views of historic Queen's Park and the city skyline. Relax at our spectacular indoor rooftop pool and savor fine dining and drinks in a stylish setting. For business gatherings, reserve up to 7700 square feet of flexible meeting space bathed in natural light while our 24-hour Business Center helps you stay productive and in touch.

Receive a 10% discount when you register through our exclusive booking link here, or when you call and quote CAN-TECH Law.

Terms and Conditions

The Canadian Technology Law Association (“CAN-TECH Law”) will share the names and business contact information of registrants of the CAN-TECH Annual Conference (“Registrant Information”) with the following parties:

(1) other registrants for the purposes of professional networking and business opportunities; and

(2) sponsors for the purpose of providing you with marketing materials.

In providing your Registrant Information to us, you acknowledge and agree to share your Registration Information with these parties and understand that they may contact you for the above-referenced purposes. CAN-TECH Law will not sell or share your Registrant Information without your permission in accordance with our Privacy Policy. If you do not wish to have your Registrant Information shared, please email contact@cantectlaw.ca.

The CAN-TECH Annual Conference will be video recorded and may be shared with audiences live or post event. In attending the CAN-TECH Annual Conference, you acknowledge and agree that you may be recorded. All recordings may be used by CAN-TECH Law for marketing purposes and sales of archived recordings.

REGISTER HERE

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Terms

Canadian Technology Law Association

1-189 Queen Street East

Toronto, ON M5A 1S2

contact@cantechlaw.ca