TECHNOLOGY LAW SPRING FORUM 2017


This is a unique program designed to provide maximum exposure to the key Information Technology legal issues of the day at a reasonable fee. The Forum will cover current issues and recent developments in Technology Law as well as key Technology Law fundamentals of contracting and negotiating technology deals.

Theme 1 will focus on Drafting and Regulating in a World of Disruptive Technologies

Theme 2 will focus on Technology Contracting: The Evolution from a Pre-Cloud to a Post Cloud World

Theme 1:
Drafting and Regulating in a World of Disruptive Technologies

Chair: Kirsten Thompson, McCarthy Tétrault LLP
Speakers:
David Adams, President, Global Automakers of Canada
Helen Fotinos, McCarthy Tétrault LLP
Kelly Friedman, DLA Piper

  • How the software industry is changing the automotive industry
  • Regulating the vehicle as an information aggregator
  • Auto cybersecurity
  • Statutory data privacy requirements
  • Third party use of data (advertisers, insurers)
  • Ownership of data
  • Intellectual property rights and software licensing
  • Government regulation and policy
  • The business framework for commercial agreements
Speakers:
Catherine Beagan Flood, Blake, Cassels & Graydon LLP
Christine Ing, Blake, Cassels & Graydon LLP
Derek May, Account Executive, Hub International Insurance

  • Before a breach:
    • Drafting a cybersecurity plan and managing risk
    • Governance model
    • Leveraging industry standards
  • During a breach:
    • Key considerations to preserve privilege
    • Retaining outside experts: Important 3rd party clauses
    • Reporting to regulators
  • After a breach:
    • Insurance coverage limits, benchmarking and claims handling
    • Third and first party coverages
    • How to determine appropriate limits
    • What does the claims process look like?
Speakers:
Will Cornelissen, Partner, Deloitte Canada
John Jason, Counsel, Cassels Brock & Blackwell LLP

  • How does Fintech fit into the Canada’s financial regulatory environment?
  • Regulatory requirements of Fintech as facilitator vs. disruptor
  • Challenges of regulating nimble technology: Balancing security and innovation
  • Jurisdictional issues and the regulatory landscape in Canada
  • Current regulations on Fintech
  • Fiduciary duty and robo advisors
Speakers:
Alireza Arasteh, Director, Mandiant Security
Rebecca Thorkildsen, Global Director, Legal Solutions, Pangea3, Thomson Reuters

  • Increasing inclusion of AI and cognitive computing components in technology deals
  • Cognitive computing and AI tools to improve capacity, accuracy, efficiency and consistency of technology contracting prior to and post execution
  • Risk allocation strategy: Liability issues and how to protect against risk when relying on an algorithm?
  • Due diligence in a world of data driven technologies and artificial intelligence:
    • Compromise assessments
    • Assessing risk in the design and implementation phases
    • Vendor risk management process: Recall and precision testing
Speakers:
Addison Cameron-Huff, Technology Lawyer
Wendy Gross, Osler, Hoskin & Harcourt LLP
Josh Stark, Head of Operations & Legal, Ledger Labs

  • Smart Contracts/ Automated Contracts: Will Contracts be lawyer free?
  • Technological innovations and their impact on commercial contracts
  • Blockchain and business processes
  • Other technology disruptors and their impact on the practice of law
  • Legal process outsourcing and the commoditization of legal advice

Theme 2:
Technology Contracting: The Evolution from a Pre-Cloud to a Post Cloud World

Chair: Ian Thorburn, Solicitor, City of Toronto
Speakers:
Cory Freed, Senior Corporate Counsel, Microsoft Canada Inc.
John Le Blanc, Senior Legal Counsel, Scotiabank
Lisa R. Lifshitz, Torkin Manes LLP

  • Differences between cloud and on premises risk allocation
  • Limitations of liability:
    • Current trends
    • Carve-outs
    • Direct vs. indirect damages
  • Indemnities:
    • Scope and limitations
    • Performance: Third party vs. first party
    • Intellectual property infringement
    • Privacy compliance/data breach
    • Security
    • Subcontractors
  • Data management, location, access and usage
  • Meeting regulatory requirements
Speakers:
Anaar Dhanji, Senior Counsel, Enterprise Strategic Sourcing, BMO Financial Group
Paul Emanuelli, General Counsel & Managing Director, The Procurement Office
Wendy Law, Deputy City Solicitor, City of Mississauga

  • Procurement strategies for competing Cloud vs. on premises
  • Due diligence considerations including:
    • Privacy
    • Information security
    • Regulatory requirements
  • Distinctions in contracting models for procuring cloud services and contractual considerations
Speakers:
Brian Gray, Norton Rose Fulbright Canada LLP
Chris Runstedler, Director of Business Affairs, Sandvine

  • Licensing models to protect ownership
  • Appropriate IP indemnifications and warranties
  • Ownership of functionality and content features
  • Open source and source code management issues
  • What renewal protections exist?
  • Drafting provider and customer terms of service agreements to protect IP rights
Speakers:
Ted Crysler, Senior Legal Counsel, Rogers Communications James Kosa, Deeth Williams Wall LLP

  • Traditional model vs. utility-based model
  • Development and review of appropriate service levels with appropriate remedies
  • Assessing what performance measures align with business requirements
  • Key Performance Indicators (KPIs) that are clearly defined
  • Role of a security or other audit to validate performance obligations
  • Use of warranties and benchmarking
Speakers:
Andrew Alleyne, Fasken Martineau DuMoulin LLP
Pascal Barabé, Senior Legal Counsel, SAP Canada Inc.

  • Termination for convenience:
    • Revenue recognition vs. flexibility
    • The price of flexibility
  • Termination for breach: Damages and remedies
  • Transition planning best practices:
    • Considerations in transitioning between an on premises solution to a Cloud platform
    • Export and back up of data
    • Developing an exit strategy
  • Suspension of services: When is it commercially reasonable?