Archive for the 'Uncategorized' Category
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
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May 6, 2019
My new Canadian Lawyer column discusses the increased potential liability for directors and officers of companies that violate Canada’s federal anti-spam legislation (CASL). Recently the CRTC, which jointly regulates Canada’s anti-spam legislation (together with federal privacy and competition law regulators), has both commenced enforcement against directors and officers of companies engaged in alleged illegal electronic marketing and issued detailed (and, for companies, troubling and challenging) guidelines relating to third party liability for CASL violations. These important CRTC developments need to be carefully reviewed by both directors and officers of companies engaged in electronic marketing, as well as third parties (e.g., marketing and advertising agencies) that are assisting companies in their electronic marketing campaigns.
August 5, 2016
I am quoted in this month’s Canadian Lawyer Magazine on the Competition Bureau’s enforcement and compliance efforts in relation to trade associations. This article is a very good roundup of current Bureau enforcement and compliance focuses with practitioner and enforcer perspectives.
June 18, 2015
Guest Post By John Simpson (Shift Law)
The Federal Court’s recent decision in Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca), 2015 FC 19 is the latest in a series of Canadian cases to address the tort of passing off in the context of website domain names and meta tags. And it is a departure from where things had appeared to be headed, at least with respect to “initial interest confusion”.
October 23, 2014
Guest post by Amy Reier
(Brownell & Reier)
High-Technology companies and other businesses and their lawyers need to be aware of important changes to Canadian and International laws on competition, privacy, security and IP dealing with trade associations and other business ventures. New laws on competition, privacy, anti-spam, anti-corruption and bribery require businesses to abide by strict regulations or risk facing civil actions or criminal charges. Due diligence and compliance are important at the start-up of any business venture.
July 22, 2014
Guest post
(Steve J. Cernak, Gregory L. Curtner, William M. Hannay – Schiff Hardin)
FTC Action Shows All Commissioners Agree That Section 5 Liability Can Follow Competitor Communications On Price Even When No Agreement Is Reached
March 20, 2014
Canada’s Competition Bureau has issued new Price Maintenance Enforcement Guidelines for public comment (see: Competition Bureau Seeks Comments on its Draft Price Maintenance Guidelines).
February 7, 2014
Anti-corruption laws, particularly in Canada, have been receiving heightened attention from enforcers and commentators over the past several years. While Canada has officially had legislation prohibiting corruption of foreign public officials for some years (the Corruption of Foreign Public Officials Act), as a practical matter the legislation was not much enforced and apparently little attention was paid to the legislation until several recent high-profile cases including the investigation of SNC-Lavalin (which has included criminal charges laid against two former SNC-Lavalin executives – see: here). In this regard, this new practical overview of Canada’s anti-corruption legislation authored by Davies Ward Phillips & Vineberg caught my eye.
November 12, 2013
Advanced Antitrust U.S. San Francisco 2014
February 6, 2014 – Le Méridien, San Francisco. IBC Legal is proud to announce the leading industry event of the year in San Francisco, highlighting the most crucial legal developments and insightful updates in the field of U.S. antitrust law and policy over the past twelve months.