Ontario Legal Conference Cross Borders

Date: Thursday, May 4, 2023 9:00 am to 4:30 pm
Location: 200-20 Toronto Street, Toronto ON 

International and cross-border considerations frequently arise for Ontario lawyers while advising their clients today, often in unexpected places. Clients may have assets, vendors, suppliers, customers, data or business partners located outside of Canada’s borders. The legal implications and risks associated with this reality can be significant and widespread. Get up to speed on the key topics you need to know with this valuable conference. Whether you are a solicitor or litigator, our expert faculty will share practical and timely insights to ensure you are ready to confidently advise your clients on how to navigate the challenges, opportunities and actualities of a global world.

Plus meet and gather best practices and helpful insights from lawyers around the globe in our unique series of roundtable sessions. Don’t miss this one-of-a-kind event. If you practice in a large or small firm, as a sole practitioner or corporate counsel, this conference is for you! Register now!

ALL STREAMS

Thursday, May 4, 2023

  • Enhancing Client Experience
  • Civility
  • Crypto Winter – The Fall of Crypto Currency?
  • Sanctions
  • Climate Change

Speakers

Martha Harrison, McCarthy Tétrault LLP
Liane Langstaff, Gowlings WLG
John Le Blanc, Chief Legal Officer, Figment Inc.
Judith McKay, McCarthy Tétrault LLP
K. Scott McLean, Mann Lawyers LLP

  • These experts will discuss key considerations in structuring, drafting and executing cross border M&A agreements, including:
  • Enforceability issues
  • Data considerations
  • Anti-corruption
  • Sanctions
  • Indemnity, limitation of liability and arbitration clauses

Speakers

Ricco Bhasin, Torys LLP
Anita Mackey, Senior Vice President & Associate General Counsel, Scotiabank
Paulina Taneva, Torys LLP

  • Immigration Considerations / Requirements
  • Individual Perspective
  • Payroll implications, misconceptions
  • Remote workers and Business travellers
  • Outbound considerations

Speaker

Christine Herrington, Grant Thornton LLP
Daniel Lee, Fasken
Kathryn Manning, DMG Advocates LLP (Moderator)
Bhuvana Rai, Mors & Tribute Professional Corporation
Kevin Yip, Fasken

  • What is the current state of the law around autonomous vehicles?
  • Similarities/differences between American and Canadian legislation
  • Challenges and considerations for legislating emerging areas of tech like this
  • Top tips for dealing with files/cases in this area

Speakers and Moderator

Imran Ahmad, Norton Rose Fulbright (Canada) LLP
Ryan MacIsaac, Uber (Moderator)
Raed Kadri, P.Eng., Vice President, Strategic Initiatives and Head of Ontario Vehicle Innovation Network (OVIN), Ontario Centre of Innovation (OCI)
Tifani Sadek, Prof at U of Michigan, former counsel at GM

Panelists will discuss the unique challenges and legal issues arising from cross-border disputes, including:

  • International Disputes: going to arbitration vs. going to court
  • Pros and Cons of Arbitration
  • Drafting Arbitration clauses and pitfalls to avoid
  • Differences in US vs. Canada

Speakers and Moderator

Jeffrey D. Coren, Phillips Lytle LLP
Samantha Green, Fogler, Rubinoff LLP (Moderator)
Rahat Godil, Fasken
Hugh Meighen, Borden Ladner Gervais LLP 
Robert Wisner, McMillan LLP   

This expert panel will share their expertise on critical issues such as:

  • Transactions not reviewable under the Investment Canada Act
  • Factors/Considerations related to national security reviews
  • Proposed Amendments to ICA: Filing obligations and strategic considerations
  • Transactions reviewable under the Competition Act
  • Implications of ICA and Competition Act for Cross-Border Transactions

Speakers

Ian Li, Torys
Gideon Kwinter, McCarthy Tétrault LLP
Debbie Salzberger, McCarthy Tétrault LLP
Rebecca Wagner, Torys LLP

In recent years there has been an increase in real estate transactions involving non-residents. These transactions have additional responsibilities and considerations. Join our expert panel as they delve into some of these considerations, including:

  • Ontario’s Land Transfer Tax and Non-Resident Speculation Tax
  • Underused Housing Taxy
  • GST/HST and Non-Residents of Canada
  • The US Perspective: Tax considerations related to cross border real estate transactions and ownership

Speakers and Moderator

Andrew G. Besch, Hodgson Russ LLP
Simon Douville, McCarthy Tetrault
Bruce Goudy, BDO
Jesse Waslowski, McCarthy Tétrault LLP (Moderator)

  • What are the rules and restrictions on cross-border data transfers?
  • What are the implications of doing business internationally and dealing with respective regulators?
  • What are some emerging trends?
  • Are there conflicts between jurisdictions and tips on how to overcome challenges?
  • Are there e-discovery obligations?

Speakers and Moderator

Ian Amirthanathan, IAN ANDREW LAW (Moderator)
Hélène Deschamps Marquis, Deloitte Legal Canada LLP
Caleb Green, Dickenson Wright
Sarah Millar, Lenczner Slaght
Molly Reynolds, Torys LLP

Panelists will discuss current trends and developing issues in environmental disputes across borders, and key cases to watch on either side:

  • History of cross-border environmental litigation and where we are today
  • Overview of foundational and key cases
  • Transmission and infrastructure development and their impact in this area of law
  • Climate litigation based in tort and human rights
  • Duty to consult with Indigenous groups
  • How cross-border entities coordinate remedial action plans
  • Greenhouse gas (GHG) pricing litigation

Speakers

Albert Engel, Folger Rubinoff LLP
Giselle Davidian, Willms & Shier Environmental Lawyers LLP
William F. McLaughlin, Hodgson Russ LLP
Heather McLeod-Kilmurray, uOttawa Law
Kristi M. Ross, Barrister and Solicitor (Moderator)

In 2022, in New York State Rifle & Pistol Association v. Bruen, the U.S. Supreme Court struck down a New York state law prohibiting the public carry of firearms without a license an applicant could only get by showing a specific, elevated need for self-protection. The Court decided that the statute contravened the Second Amendment to the U.S. Constitution. This opinion, and subsequent interpretations of it by lower federal courts, demonstrate an increasing tendency by federal courts to constitutionalize non-constitutional questions, whether these are more usually addressed by elected branches of government or by courts adjudicating questions beyond the purview of the constitution. The types of reasoning to which the current U.S. Supreme Court resorts in deciding these non-constitutional questions easily becomes arbitrary, sometimes quite overtly so. This dynamic - the constitutionalization of non-constitutional questions and concomitant degradation of judicial reasoning - is not necessarily peculiar to the United States and may be evident in the Canada.

Speaker
Dr Heidi Li Feldman, Professor of Law at Georgetown University Law Center

Speakers and Moderator

Jill A. Apa, Apa, Martin & Buscaglia PLLC
Mana Khami, Borden Ladner Gervais LLP (Moderator)
Kayley C. Leon, Hicks Morley
Catherine Phelps, Filion Wakely Thorup Angeletti LLP
Sylvia Yong, KPMG Law LLP

Panelists will discuss which digital economy businesses and platform operators are required to register, collect and remit GST/HST as well as their associated obligations and timelines.

Speakers

Elena Balkos, Blake, Cassels & Graydon LLP
Bruce Goudy, BDO
Rebecca Loo, Thorsteinssons LLP
Jesse Waslowski, McCarthy Tetrault LLP (Moderator)

Privacy Meets AI

  • What is AI?
  • Tracking AI globally
  • Bill C-27
  • What concerns does AI create for Privacy? Real Privacy risks that lawyers should think about, with proliferation of AI
  • Technical considerations as to how AI is being built? Is there privacy by design built in?
  • How do we safeguard privacy while engaging with AI?
  • What are some hot button issues: privacy, copywrite, how regulators are responding to AI

Speakers and Moderator

Abdi Aidid, Assistant Professor,  U of T, Faculty of Law
Stephen Cheeseman, GC Thinktum (Moderator)
Andres Williamson Nasi, Asst GC Microsoft Miami

Join our expert panel as they discuss the evolving cyber risk landscape and the strategies that can be implemented to avoid and mitigate the risks, including:

  • Overview of current threats and risks from both US and Canadian perspectives
  • Current litigation trends and notable legal developments on both sides of the border
  • Role of a lawyer in a cyber breach incident
  • Reporting cyber breaches
  • Recoupment of assets

Please note: this session will not be recorded

Speakers and Moderator

Curtis Allen, Director Canadian Association of Police Governance
Patrick E. Fitzsimmons, Hodgson Russ LLP
Ryder Gilliland, DMG Advocates LLP
Grace C.Y. Leung, Sr. Claims Specialist, AXIS (Moderator)
Amanda Pike, Special Agent FBI

  • Common business immigration issues: work visa categories, remote work
  • Key differences between Canadian and U.S. employment laws: wrongful dismissal/wrongful termination litigation
  • Drafting considerations for cross-border employment agreements

Speakers and Moderator

Liz Buscaglia, Apa, Martin & Buscaglia PLLC
Dr. Neil Campbell, McMillan
Martha Harrison, McCarthy Tétrault LLP
Liz Martin, Apa, Martin & Buscaglia PLLC
Hank White, Practical Law Canada (Moderator)

  • Introduction to U.S. Tax Regime
  • Use of Trusts in planning
  • s. 94 Considerations
  • Acquiring US Property

Speakers and Moderator

Andrew G. Besch, Hodson Russ LLP
Matthew Getzler, Minden Gross LLP
Rahul Sharma, Fasken
Nicole Woodward, Miller Thomson LLP (Moderator)

Mobile and remote work creates unique privacy risks for the unwary. This panel will explore special concerns for lawyers practicing remotely, including:

  • Safeguarding property, especially crossing borders
  • Managing and storing data- how do you safeguard it
  • Maintaining confidentiality
  • Effectively communicating
  • Privacy concerns

Speakers and Moderator

Mitch Frazer, Mintz LLP(Moderator)
Ronak Shah, Blake, Cassels & Graydon LLP
Tara Vasdani, Remote Law Canada

Panelists will discuss what to focus on when crossing the border to find your witness, obtain discovery, or enforce a court order, including:

  • Letters Rogatory – framework, procedure and requirements
  • General differences between the jurisdictions
  • Judgment enforcement and recognition:
    • What’s enforceable and what’s not
    • Burden on plaintiff and defendant
    • Process of executing a judgment in Canada vs. US
    • Notable legal developments in US and Canada

Speakers

Peter Henein, Henein Hutchison Robitaille LLP
Laurie MacFarlane, Managing Counsel Litigation, CIBC
William Newman, Oberheiden P.C.
Teodora Obradovic, Fogler, Rubinoff LLP (Moderator)
Sabrina Saltmarsh, Gilbertson Davis LLP

  • 4-Day Work Week
  • Regulatory Sandboxes for Legal Innovation
  • The Billable Hour
  • Multi-Disciplinary Practice
  • Post Pandemic Transition / Law Firm Cultural Transformation

Speakers

Quinn Ross, The Ross Firm
Deborah Enix-Ross, Debevoise & Plimpton LLP; President of American Bar Association
Anthony Quevillon, Director of Legal Services, Hub6
James Teufel, Georgetown University and Law Society of Ontario
Brent Turner, Thomson Reuters

BUSINESS STREAM

Thursday, May 4, 2023

  • Enhancing Client Experience
  • Civility
  • Crypto Winter – The Fall of Crypto Currency?
  • Sanctions
  • Climate Change

Speakers

Martha Harrison, McCarthy Tétrault LLP
Liane Langstaff, Gowlings WLG
John Le Blanc, Chief Legal Officer, Figment Inc.
Judith McKay, McCarthy Tétrault LLP
K. Scott McLean, Mann Lawyers LLP

  • These experts will discuss key considerations in structuring, drafting and executing cross border M&A agreements, including:
  • Enforceability issues
  • Data considerations
  • Anti-corruption
  • Sanctions
  • Indemnity, limitation of liability and arbitration clauses

Speakers

Ricco Bhasin, Torys LLP
Anita Mackey, Senior Vice President & Associate General Counsel, Scotiabank
Paulina Taneva, Torys LLP

This expert panel will share their expertise on critical issues such as:

  • Transactions not reviewable under the Investment Canada Act
  • Factors/Considerations related to national security reviews
  • Proposed Amendments to ICA: Filing obligations and strategic considerations
  • Transactions reviewable under the Competition Act
  • Implications of ICA and Competition Act for Cross-Border Transactions

Speakers

Ian Li, Torys
Gideon Kwinter, McCarthy Tétrault LLP
Debbie Salzberger, McCarthy Tétrault LLP
Rebecca Wagner, Torys LLP

In 2022, in New York State Rifle & Pistol Association v. Bruen, the U.S. Supreme Court struck down a New York state law prohibiting the public carry of firearms without a license an applicant could only get by showing a specific, elevated need for self-protection. The Court decided that the statute contravened the Second Amendment to the U.S. Constitution. This opinion, and subsequent interpretations of it by lower federal courts, demonstrate an increasing tendency by federal courts to constitutionalize non-constitutional questions, whether these are more usually addressed by elected branches of government or by courts adjudicating questions beyond the purview of the constitution. The types of reasoning to which the current U.S. Supreme Court resorts in deciding these non-constitutional questions easily becomes arbitrary, sometimes quite overtly so. This dynamic - the constitutionalization of non-constitutional questions and concomitant degradation of judicial reasoning - is not necessarily peculiar to the United States and may be evident in the Canada.

Speaker
Dr Heidi Li Feldman, Professor of Law at Georgetown University Law Center

  • Common business immigration issues: work visa categories, remote work
  • Key differences between Canadian and U.S. employment laws: wrongful dismissal/wrongful termination litigation
  • Drafting considerations for cross-border employment agreements

Speakers

Jill A. Apa, Apa, Martin & Buscaglia PLLC
Mana Khami, Borden Ladner Gervais LLP (Moderator)
Kayley C. Leon, Hicks Morley
Catherine Phelps, Filion Wakely Thorup Angeletti LLP
Sylvia Yong, KPMG Law LLP

  • Common business immigration issues: work visa categories, remote work
  • Key differences between Canadian and U.S. employment laws: wrongful dismissal/wrongful termination litigation
  • Drafting considerations for cross-border employment agreements

Speakers and Moderator

Liz Buscaglia, Apa, Martin & Buscaglia PLLC
Dr. Neil Campbell, McMillan
Martha Harrison, McCarthy Tétrault LLP
Liz Martin, Apa, Martin & Buscaglia PLLC
Hank White, Practical Law Canada (Moderator)

  • 4-Day Work Week
  • Regulatory Sandboxes for Legal Innovation
  • The Billable Hour
  • Multi-Disciplinary Practice
  • Post Pandemic Transition / Law Firm Cultural Transformation

Speakers

Quinn Ross, The Ross Firm
Deborah Enix-Ross, Debevoise & Plimpton LLP; President of American Bar Association
Anthony Quevillon, Director of Legal Services, Hub6
James Teufel, Georgetown University and Law Society of Ontario
Brent Turner, Thomson Reuters

TAX STREAM

Thursday, May 4, 2023

  • Enhancing Client Experience
  • Civility
  • Crypto Winter – The Fall of Crypto Currency?
  • Sanctions
  • Climate Change

Speakers

Martha Harrison, McCarthy Tétrault LLP
Liane Langstaff, Gowlings WLG
John Le Blanc, Chief Legal Officer, Figment Inc.
Judith McKay, McCarthy Tétrault LLP
K. Scott McLean, Mann Lawyers LLP

  • Immigration Considerations / Requirements
  • Individual Perspective
  • Payroll implications, misconceptions
  • Remote workers and Business travellers
  • Outbound considerations

Speaker

Christine Herrington, Grant Thornton LLP
Daniel Lee, Fasken
Kathryn Manning, DMG Advocates LLP (Moderator)
Bhuvana Rai, Mors & Tribute Professional Corporation
Kevin Yip, Fasken

In recent years there has been an increase in real estate transactions involving non-residents. These transactions have additional responsibilities and considerations. Join our expert panel as they delve into some of these considerations, including:

  • Ontario’s Land Transfer Tax and Non-Resident Speculation Tax
  • Underused Housing Taxy
  • GST/HST and Non-Residents of Canada
  • The US Perspective: Tax considerations related to cross border real estate transactions and ownership

Speakers and Moderator

Andrew G. Besch, Hodgson Russ LLP
Simon Douville, McCarthy Tetrault
Bruce Goudy, BDO
Jesse Waslowski, McCarthy Tétrault LLP (Moderator)

In 2022, in New York State Rifle & Pistol Association v. Bruen, the U.S. Supreme Court struck down a New York state law prohibiting the public carry of firearms without a license an applicant could only get by showing a specific, elevated need for self-protection. The Court decided that the statute contravened the Second Amendment to the U.S. Constitution. This opinion, and subsequent interpretations of it by lower federal courts, demonstrate an increasing tendency by federal courts to constitutionalize non-constitutional questions, whether these are more usually addressed by elected branches of government or by courts adjudicating questions beyond the purview of the constitution. The types of reasoning to which the current U.S. Supreme Court resorts in deciding these non-constitutional questions easily becomes arbitrary, sometimes quite overtly so. This dynamic - the constitutionalization of non-constitutional questions and concomitant degradation of judicial reasoning - is not necessarily peculiar to the United States and may be evident in the Canada.

Speaker
Dr Heidi Li Feldman, Professor of Law at Georgetown University Law Center

Panelists will discuss which digital economy businesses and platform operators are required to register, collect and remit GST/HST as well as their associated obligations and timelines.

Speakers and Moderator

Elena Balkos, Blake, Cassels & Graydon LLP
Bruce Goudy, BDO
Rebecca Loo, Thorsteinssons LLP
Jesse Waslowski, McCarthy Tetrault LLP (Moderator)

  • Introduction to U.S. Tax Regime
  • Use of Trusts in planning
  • s. 94 Considerations
  • Acquiring US Property

Speakers and Moderator

Andrew G. Besch, Hodson Russ LLP
Matthew Getzler, Minden Gross LLP
Rahul Sharma, Fasken
Nicole Woodward, Miller Thomson LLP (Moderator)

  • 4-Day Work Week
  • Regulatory Sandboxes for Legal Innovation
  • The Billable Hour
  • Multi-Disciplinary Practice
  • Post Pandemic Transition / Law Firm Cultural Transformation

Speakers

Quinn Ross, The Ross Firm
Deborah Enix-Ross, Debevoise & Plimpton LLP; President of American Bar Association
Anthony Quevillon, Director of Legal Services, Hub6
James Teufel, Georgetown University and Law Society of Ontario
Brent Turner, Thomson Reuters

PRIVACY AND TECHNOLOGY

Thursday, May 4, 2023

  • Enhancing Client Experience
  • Civility
  • Crypto Winter – The Fall of Crypto Currency?
  • Sanctions
  • Climate Change

Speakers

Martha Harrison, McCarthy Tétrault LLP
Liane Langstaff, Gowlings WLG
John Le Blanc, Chief Legal Officer, Figment Inc.
Judith McKay, McCarthy Tétrault LLP
K. Scott McLean, Mann Lawyers LLP

  • What is the current state of the law around autonomous vehicles?
  • Similarities/differences between American and Canadian legislation
  • Challenges and considerations for legislating emerging areas of tech like this
  • Top tips for dealing with files/cases in this area

Speakers and Moderator

Imran Ahmad, Norton Rose Fulbright (Canada) LLP
Ryan MacIsaac, Uber (Moderator)
Raed Kadri, P.Eng., Vice President, Strategic Initiatives and Head of Ontario Vehicle Innovation Network (OVIN), Ontario Centre of Innovation (OCI)
Tifani Sadek, Prof at U of Michigan, former counsel at GM

  • What are the rules and restrictions on cross-border data transfers?
  • What are the implications of doing business internationally and dealing with respective regulators?
  • What are some emerging trends?
  • Are there conflicts between jurisdictions and tips on how to overcome challenges?
  • Are there e-discovery obligations?

Speakers and Moderator

Ian Amirthanathan, IAN ANDREW LAW (Moderator)
Hélène Deschamps Marquis, Deloitte Legal Canada LLP
Caleb Green, Dickenson Wright
Sarah Millar, Lenczner Slaght
Molly Reynolds, Torys LLP

In 2022, in New York State Rifle & Pistol Association v. Bruen, the U.S. Supreme Court struck down a New York state law prohibiting the public carry of firearms without a license an applicant could only get by showing a specific, elevated need for self-protection. The Court decided that the statute contravened the Second Amendment to the U.S. Constitution. This opinion, and subsequent interpretations of it by lower federal courts, demonstrate an increasing tendency by federal courts to constitutionalize non-constitutional questions, whether these are more usually addressed by elected branches of government or by courts adjudicating questions beyond the purview of the constitution. The types of reasoning to which the current U.S. Supreme Court resorts in deciding these non-constitutional questions easily becomes arbitrary, sometimes quite overtly so. This dynamic - the constitutionalization of non-constitutional questions and concomitant degradation of judicial reasoning - is not necessarily peculiar to the United States and may be evident in the Canada.

Speaker
Dr Heidi Li Feldman, Professor of Law at Georgetown University Law Center

Privacy Meets AI

  • What is AI?
  • Tracking AI globally
  • Bill C-27
  • What concerns does AI create for Privacy? Real Privacy risks that lawyers should think about, with proliferation of AI
  • Technical considerations as to how AI is being built? Is there privacy by design built in?
  • How do we safeguard privacy while engaging with AI?
  • What are some hot button issues: privacy, copywrite, how regulators are responding to AI

Speakers and Moderator

Abdi Aidid, Assistant Professor,  U of T, Faculty of Law
Stephen Cheeseman, GC Thinktum (Moderator)
Andres Williamson Nasi, Asst GC Microsoft Miami

Mobile and remote work creates unique privacy risks for the unwary. This panel will explore special concerns for lawyers practicing remotely, including:

  • Safeguarding property, especially crossing borders
  • Managing and storing data- how do you safeguard it
  • Maintaining confidentiality
  • Effectively communicating
  • Privacy concerns

Speakers and Moderator

Mitch Frazer, Mintz LLP(Moderator)
Ronak Shah, Blake, Cassels & Graydon LLP
Tara Vasdani, Remote Law Canada

  • 4-Day Work Week
  • Regulatory Sandboxes for Legal Innovation
  • The Billable Hour
  • Multi-Disciplinary Practice
  • Post Pandemic Transition / Law Firm Cultural Transformation

Speakers

Quinn Ross, The Ross Firm
Deborah Enix-Ross, Debevoise & Plimpton LLP; President of American Bar Association
Anthony Quevillon, Director of Legal Services, Hub6
James Teufel, Georgetown University and Law Society of Ontario
Brent Turner, Thomson Reuters

LITIGATION STREAM

Thursday, May 4, 2023

  • Enhancing Client Experience
  • Civility
  • Crypto Winter – The Fall of Crypto Currency?
  • Sanctions
  • Climate Change

Speakers

Martha Harrison, McCarthy Tétrault LLP
Liane Langstaff, Gowlings WLG
John Le Blanc, Chief Legal Officer, Figment Inc.
Judith McKay, McCarthy Tétrault LLP
K. Scott McLean, Mann Lawyers LLP

Panelists will discuss the unique challenges and legal issues arising from cross-border disputes, including:

  • International Disputes: going to arbitration vs. going to court
  • Pros and Cons of Arbitration
  • Drafting Arbitration clauses and pitfalls to avoid
  • Differences in US vs. Canada

Speakers and Moderator

Jeffrey D. Coren, Phillips Lytle LLP
Samantha Green, Fogler, Rubinoff LLP (Moderator)
Rahat Godil, Fasken
Hugh Meighen, Borden Ladner Gervais LLP 
Robert Wisner, McMillan LLP   

Panelists will discuss current trends and developing issues in environmental disputes across borders, and key cases to watch on either side:

  • History of cross-border environmental litigation and where we are today
  • Overview of foundational and key cases
  • Transmission and infrastructure development and their impact in this area of law
  • Climate litigation based in tort and human rights
  • Duty to consult with Indigenous groups
  • How cross-border entities coordinate remedial action plans
  • Greenhouse gas (GHG) pricing litigation

Speakers

Albert Engel, Folger Rubinoff LLP
Giselle Davidian, Willms & Shier Environmental Lawyers LLP
William F. McLaughlin, Hodgson Russ LLP
Heather McLeod-Kilmurray, uOttawa Law
Kristi M. Ross, Barrister and Solicitor (Moderator)

In 2022, in New York State Rifle & Pistol Association v. Bruen, the U.S. Supreme Court struck down a New York state law prohibiting the public carry of firearms without a license an applicant could only get by showing a specific, elevated need for self-protection. The Court decided that the statute contravened the Second Amendment to the U.S. Constitution. This opinion, and subsequent interpretations of it by lower federal courts, demonstrate an increasing tendency by federal courts to constitutionalize non-constitutional questions, whether these are more usually addressed by elected branches of government or by courts adjudicating questions beyond the purview of the constitution. The types of reasoning to which the current U.S. Supreme Court resorts in deciding these non-constitutional questions easily becomes arbitrary, sometimes quite overtly so. This dynamic - the constitutionalization of non-constitutional questions and concomitant degradation of judicial reasoning - is not necessarily peculiar to the United States and may be evident in the Canada.

Speaker
Dr Heidi Li Feldman, Professor of Law at Georgetown University Law Center

Join our expert panel as they discuss the evolving cyber risk landscape and the strategies that can be implemented to avoid and mitigate the risks, including:

  • Overview of current threats and risks from both US and Canadian perspectives
  • Current litigation trends and notable legal developments on both sides of the border
  • Role of a lawyer in a cyber breach incident
  • Reporting cyber breaches
  • Recoupment of assets

Please note: this session will not be recorded

Speakers

Curtis Allen, Director Canadian Association of Police Governance
Patrick E. Fitzsimmons, Hodgson Russ LLP
Ryder Gilliland, DMG Advocates LLP
Grace C.Y. Leung, Sr. Claims Specialist, AXIS (Moderator)
Amanda Pike, Special Agent FBI

Panelists will discuss what to focus on when crossing the border to find your witness, obtain discovery, or enforce a court order, including:

  • Letters Rogatory – framework, procedure and requirements
  • General differences between the jurisdictions
  • Judgment enforcement and recognition:
    • What’s enforceable and what’s not
    • Burden on plaintiff and defendant
    • Process of executing a judgment in Canada vs. US
    • Notable legal developments in US and Canada

Speakers and Moderator

Peter Henein, Henein Hutchison Robitaille LLP
Laurie MacFarlane, Managing Counsel Litigation, CIBC
William Newman, Oberheiden P.C.
Teodora Obradovic, Fogler, Rubinoff LLP (Moderator)
Sabrina Saltmarsh, Gilbertson Davis LLP

  • 4-Day Work Week
  • Regulatory Sandboxes for Legal Innovation
  • The Billable Hour
  • Multi-Disciplinary Practice
  • Post Pandemic Transition / Law Firm Cultural Transformation

Speakers

Quinn Ross, The Ross Firm
Deborah Enix-Ross, Debevoise & Plimpton LLP; President of American Bar Association
Anthony Quevillon, Director of Legal Services, Hub6
James Teufel, Georgetown University and Law Society of Ontario
Brent Turner, Thomson Reuters

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