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2023 CAN-TECH Law Fall Conference 
October 25-26, 2023
Hart House
7 Hart House Circle, Toronto, ON M5S 3H3
DAY 1
09:00 to 10:45 am EDT Great Hall Room
WELCOME AND OPENING REMARKS FROM THE PRESIDENT & CO-CHAIRS
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:
Moderator: Maya Medeiros, Partner, Norton Rose Fulbright LLP
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 East Common Room
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
Track 2: Lifecycle of Technology Contracts: Navigating Provisions from Negotiation to Litigation Great Hall Room
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
12:30 to 2:00 pm EDT
Lunch/Fireside chat: The Law of Robotics. Technological and Legal Challenges Impacting Humanity? Great Hall Room
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 LL.M., Advisor, Artificial Intelligence and Data Policy Directorate, Industry Canada
2:00 to 3:30 pm EDT
Track 1: Children's privacy: Codes and beyond Great Hall Room
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:
Moderator: Ethan Plato, Legal Counsel, Office of the Information and Privacy Commissioner for British Columbia
Track 2: IP and Contracting in the Metaverse East Common Room
As the immersive digital world of the metaverse continues to change and evolve, businesses are faced with unique intellectual property (IP) and contractual 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 and contractual 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, and ownership of IP rights in user generated content. The session will also offer practical tips on how navigate unique issues that arise when considering contracts involving the metaverse. Hear from experts in as they discuss the fundamental impacts of the metaverse on core intellectual property rights and how to navigate contracting when dealing with the metaverse.
Moderator: Monica Sharma, Partner, Clark Wilson 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 East Common Room
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.
Moderator: Michael Garellek, Partner, Baker & McKenzie LLP
Track 2: Legislative Updates from Quebec Great Hall Room
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.
5:15 to 5:30 pm EDT Great Hall Room
Closing remarks and AGM
5:30 to 6:30 pm EDT Cocktail Reception Sponsored by Fasken The Music Room
7:00 to 9:00 pm EDT Great Hall Room
Hart House Dinner - Ticketed Event
DAY 2
7:30 to 8:45 am EDT Women in Technology Networking Breakfast Sponsored by Blakes The Debates Room
Join us at the CAN TECH Annual Conference for an exclusive and interactive networking opportunity hosted by the CAN TECH Women in TECH Committee. This hands on event will allow participants to share their experiences and specifically address their current business and professional objectives by taking part in the conversation. Now you may be thinking – 7:30 is early to get a conference day started. We have compiled these reasons to join us for this early morning event (7:30 - 8:45am):
Moderators:
Join us in discussing the contributions and challenges of female legal professionals, while extending a warm welcome to men who share our vision of diversity and equality in the industry.
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 Great Hall Room
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:
Moderator: Olalekan (Wole) Akinremi, Partner, Deeth Williams Wall 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 Great Hall Room
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
Track 2: Unlocking AI Success: Essential Contract Provisions and Negotiation Considerations East Common Room
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
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 Great Hall Room
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: Jennifer Davidson, Partner, Deeth Williams Wall LLP
2:00 to 3:45 pm EDT
Track 1: Generative AI: Show and Tell Great Hall Room
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.
Moderator: Christopher Ferguson, Partner, Fasken
Track 2 RECORDING NOT AVAILABLE: How to Tackle Micro-Inequities as Lawyers: Practical Tips for Your Workplace East Common Room
Due to the nature of this session, pre-registration is required and only available to those attending in person.
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
Featuring:
3:45 to 4:00 pm EDT Networking Break
4:00 to 5:00 pm EDT
Plenary: PRIVACY ROUNDTABLE: Ransomware Attack: can you negotiate your way out? Great Hall Room
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:
5:00 pm EDT Closing Remarks (CO-CHAIRS)Great Hall Room
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