INFORMATION TECHNOLOGY LAW SPRING FORUM

2016

PRESENTED BY

JOIN US FOR THE

CHAIRED BY

Lisa R. Lifshitz, Partner, Torkin Manes LLP

Cory Freed, Senior Legal Counsel, Microsoft Canada Inc.

St. Andrew’s Club & Conference Centre150 King Street West 16th Floor, Toronto ON, M5H 1J9

MAY 16, 2016 | WWW.IT-CONFERENCE.CA

THIS PROGRAM CONTAINS 3 PROFESSIONALISM HOURS

see inside for details

GENERAL INFORMATION

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ACCREDITATION

HOW IT WORKS

The layout of this year’s Spring Forum allows you to customize your day to suit your learning needs. Create your own conference of up to 10 courses to achieve your professional development goals.

All courses are offered in multiple learning environments: In-Class, Live Webinar or Archived Webinar.

THEMES

The day consists of 2 themes: 1. IT Contracting and Negotiation: Strategies for Practical Implementation and 2. Current Issues in IT Law.

You are not required to stick to one theme; out of the 10 informative courses, select those that appeal to you to create your perfect schedule.

PICK YOUR COURSE

If you wish to take two courses that are happening at the same time, no need to worry, we have a solution. All courses will be recorded and available to purchase as an Archived Webinar. To ensure a full day of learning, you must choose a minimum of 5 courses.

TO REGISTER VISIT WWW.IT-CONFERENCE.CARegister before April 1, 2016 and Save 10%

LAW SOCIETY OF BRITISH COLUMBIA This program has been accredited by the Law Society of British Columbia for the professional development requirement for certification.

LAW SOCIETY OF UPPER CANADA (CPD) This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. There are two sessions that have been accredited for Professionalism hours. Please see the program outline for details.

BARREAU DU QUÉBEC The Barreau du Québec automatically recognizes the same number of hours for this training activity, as long as it has been accredited by another Law Society that has adopted MCLE.

LAW SOCIETY OF NEW BRUNSWICK This program has been accredited by the Law Society of New Brunswick for the mandatory continuing professional development requirement.

LAW SOCIETY OF ALBERTA For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

*For details regarding the hours of each session, please see the Program Outline.

8:00-8:45REGISTRATION & BREAKFAST

8:45-9:00INTRODUCTIONS AND WELCOMECory Freed, Senior Counsel, Microsoft Canada Inc. Lisa R. Lifshitz, Partner, Torkin Manes LLP

9:00-10:30EVOLVING CLOUD AGREEMENTS1.5 hours CPD (Substantive)Bernice Karn, Partner Cassels, Brock & Blackwell LLP | Nadine Letson, Senior Corporate Counsel, Legal & Corporate Affairs, Microsoft Canada Inc.

• Ensuring security of data in the cloud• Director and Offi cers obligations

• Risk allocation: Recent case law update and how the courts are allocating risk • Service levels

• Commitments vs. Objectives• Exclusions• Customer obligations• Credits/Remedies

• Termination and transition issues

GETTING OUT OF THE WAY OF THE DEAL WHILE STILL PROTECTING YOUR CLIENT 1.5 hours CPD (Professionalism)

Moderator: Ian Kyer, General Counsel, RPM TechnologiesSpeakers: Wendy Gross, Partner, Osler, Hoskin & Harcourt LLPMatthew Snell, General Counsel and Secretary, IBM CanadaAmy-Lynne Williams, Founding Partner, Deeth Williams Wall LLP

A moderated panel of senior Information Technology lawyers will explore practical responses to some common and diffi cult practice scenarios, including: • Having the tough conversation with your client• Managing client expectations while meeting your ethical and professional

obligations • How to draft and negotiate an agreement when the client is disengaged: Is

drafting to protect against all possibilities a good response?• What is reasonable? Make sure your understanding matches your client’s

understanding• Knowing when to step back and let your client make the decision• Managing your client relationship when the other side is over-lawyering• ”Winning” the negotiation: Are you creating the best possible outcome for

your client?

PROGRAM OUTLINE

THEME 2: CURRENT ISSUES IN IT LAW

THEME 1: IT CONTRACTING AND NEGOTIATION: STRATEGIES FOR PRACTICAL IMPLEMENTATION

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10:30-10:45REFRESHMENT BREAK

10:45-12:00TECHNOLOGY CONTRACTING FUNDAMENTALS PART 1: CONFIDENTIALITY AND SECURITY1.25 hours CPD (Substantive)Christopher Cates, Assistant General Counsel, BCE Inc.Parna Sabet-Stephenson, Partner, Blake, Cassels & Graydon LLP • Defi ning business confi dential information• Drafting tips to protect confi dentiality • Security requirements and data breach concerns in technology contracts• Key issues in drafting effective NDAs and security provisions

SOCIAL MEDIA, PRIVACY AND THE WORKPLACE1.25 hours CPD (Substantive)Sarah Crossley, Partner, Littler LLP

David Young, Principal, David Young Law

• Use of social media in hiring • Expectation of workplace privacy: R. v. Cole• Social media policies: Important term

• Employee use of Twitter, Facebook, LinkedIn, etc.• What happens when the employee goes rogue?• BYOD programs

• Key employment contract terms• Important issues to address when an employee departs

12:00-1:00NETWORKING LUNCH

1:00-2:15TECHNOLOGY CONTRACTING FUNDAMENTALS PART 2: ALLOCATION OF RISK1.25 hours CPD (Substantive)

Simon Hodgett, Partner, Osler, Hoskin & Harcourt LLPAntonet Kovacevic, Senior Counsel, Toronto-Dominion Bank

• Warranties, Indemnities and Damages: Current trends • Limitation of Liability

• Recent case law • Caps and carve outs • Consequential damages and other disclaimer language

EMERGING TECHNOLOGIES: BUSINESS & LEGAL ISSUES ON THE HORIZON 1.25 hours CPD (Substantive)

Benjamin Alarie, Associate Professor, Faculty of Law, University of TorontoKirsten Thompson, Partner, McCarthy Tetrault LLP

• Artifi cial intelligence and cognitive computing: Machine learning in the law• Current developments in tax, contracts and more

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• Future developments leading to the production of machine normativity• Internet of Things and spinoff product liability• Perils of personal information

• Privacy and Big Data concerns resulting from pressure to leverage personal information for value

2:15-3:30TECHNOLOGY CONTRACTING FUNDAMENTALS PART 3: LICENSE AGREEMENTS 1.25 hours CPD (Substantive)

James Kosa, Partner, Deeth Williams Wall LLP Chris Sanz, Senior Counsel, Bank of Montreal, Financial Group • Understanding the business objectives• Precedents and boilerplate: Key issues to look out for and avoid• Drafting to avoid post-closing disputes• Negotiation Strategies: How to effectively address post closing disputes when

they do arise

CURRENT ISSUES IN PRIVACY LAW AND CASL 1.15 hours CPD (Substantive)

Michael Fekete, Partner, Osler, Hoskin & Harcourt LLP Lyndsay Wasser, Co-Chair, Privacy & Data Protection Group, McMillan LLP

• Current issues in Canadian privacy law• Recent statutory amendments• Significant case law developments• Guidance from the Privacy Commissioners

• Key global privacy trends and the impact on Canadian privacy and data security• CASL enforcement: Key lessons from CRTC enforcement

• Update on enforcement proceedings• CRTC investigation processes • Establishing a due diligence defence• Importance of corporate compliance plans

3:30-3:45REFRESHMENT BREAK

3:45-5:15LIFE AFTER EXECUTION: RECORDS MANAGEMENT TO SUPPORT THE CONTRACT LIFECYCLE 1.5 hours CPD (Professionalism)

Elisabeth Symons, Partner, Mann Symons LLP Ian Thorburn, Legal Counsel, City of Toronto

Execution of a contract is only the start of the contract lifecycle. By exploring a variety of scenarios, the speakers will explore how decisions about records management practices help lawyers better support their clients, add value and be prepared for a variety of contract lifecycle events. The discussion will address:• How records management practices effect counsel’s ability to respond to various

contract lifecycle events • Large firm, small firm, solo, in-house: Importance of designing appropriate

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records management practices • Implementing effective records

management practices: Accessibility, confidentiality and document preservation

CYBER RISK READINESS: INCIDENT RESPONSE PLANNING 1.5 hours CPD (Substantive) Adam Kardash, Partner, Osler, Hoskin & Harcourt LLP Pamela Snively, Chief Data and Trust Officer, TELUS

• Security breach notification requirements and other legal, regulatory and business risk drivers

• Evolving standards for incident management

• Lessons learned from the trenches: Practical tips to enhance your incident response plan

5:15PROGRAM ENDS

SAVE 10%Register before April 1, 2016

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www.it-conference.ca

MEMBERSHIP

The Canadian IT Law Association (“IT.CAN”) is currently accepting memberships for 2016. For more information about joining IT.CAN please visit our website at www.it-can.ca or contact Executive Director Lisa Ptack at lisa.ptack@it-can.ca. Please note the special introductory membership rate of $100 for new members.

CONTACT USFOR QUESTIONS ABOUT REGISTRATION

Carswell Media

Telephone: 416-609-5868

Toll Free: 1-877-298-5868

Email: carswell.media@thomsonreuters.com Please mention IT-CAN in the subject line

FOR GENERAL QUESTIONS ABOUT IT.CAN

Lisa Ptack, Executive Director

Telephone: 905-889-0640

Email: lisa.ptack@it-can.ca

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PRICING | REGISTER ONLINE AT WWW.IT-CONFERENCE.CA

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IN CLASS SELECTION NON IT.CAN IT.CANFull Access (Full Day + 5 Webinar Archives)

$1,800 $1,700

Full Day (5 In-class) $1,175 $1,075

Full Day + 1 Webinar Archive $1,350 $1,250

Full Day + 2 Webinar Archive $1,500 $1,400

Full Day + 3 Webinar Archive $1,625 $1,525

Full Day + 4 Webinar Archive $1,725 $1,625

WEBINAR SELECTION NON IT.CAN IT.CANFull Access (Full Day Web + 5 Webinar Archives)

$1,600 $1,500

Full Day Web (5 Live Webinars) $975 $875

Full Day Web + 1 Webinar Archive $1,150 $1,050

Full Day Web + 2 Webinar Archive $1,300 $1,200

Full Day Web + 3 Webinar Archive $1,425 $1,325

Full Day Web + 4 Webinar Archive $1,525 $1,425

PRICE CLARIFICATION In-class registration fee includes the course, materials, breakfast, lunch and coffee breaks. Substitutions are granted with notification to Carswell Media.Webinar price is on a per-person basis. For payment of the price for one person, only one individual is allowed to be logged in, and viewing at a time. To inquire about Group Rates, please contact Carswell Media.CANCELLATION AND REFUND POLICY: Full refunds, less a $250.00 (plus applicable taxes) administration fee, will be given for cancellations received in writing 10 business days before the course start date. Unfortunately, refunds cannot be provided after this date. Substitution of delegates may be made at any time. Please note that Carswell Media reserves the right to cancel any program deemed necessary and will, in such an event, make a full refund of registration fees paid. With this said, Carswell Media is not responsible for any travel expenses incurred. For reasons beyond the control of the course organizer, it may be necessary to change the subject agenda of the program and no liability is assumed for any such changes in content.

In class participants can choose between print and digital material. If you wish to receive both an additional charge of $99 will apply. Webinar participants will receive an online link to access the program materials.

*Prices do not include tax