LBRY decision spells warning for blockchain developers
The United States District Court of New Hampshire recently released its decision in Securities and Exchange Commission v. LBRY, Inc.[1] This case carries significance for blockchain communities in that it is the first successful enforcement action by the SEC against...
Failure to prevent a data breach not equal to invasion of privacy: Ontario Court of Appeal shuts the door on “intrusion upon seclusion” tort
The Ontario Court of Appeal has released a new trilogy of cases regarding the privacy tort “intrusion upon seclusion.” Specifically, whether the privacy tort is available as against commercial entities collecting and storing clients’ personal information, where there was a...
Amanda Cutinha quoted in Canadian Lawyer article on federal privacy law deficiencies
Canadian Lawyer
This article discusses how current Canadian privacy law lacks a clear governance framework for the collection and use of some personal information. Mobility data that is de-identified – stripped of markers revealing the identity of its source – and which...
Privacy Commissioners call on Health Industry to phase out use of traditional fax and unencrypted email in shift to digital healthcare
On September 21, 2022, the Office of the Privacy Commissioner of Canada released a Joint Resolution of the Federal, Provincial and Territorial Privacy Commissioners and Ombudspersons with Responsibility for Privacy Oversight entitled Securing Public Trust in Digital Healthcare (the “Joint...
A to-do list for incident response
Cybersecurity incidents and data breaches arise without notice. Your organization may have fallen victim to a cyberattack or you may have received notice from a supplier that they have been attacked. Or perhaps a key employee has lost an unencrypted...
What to consider when forming a Corporate Venture Capital program
Introduction Corporations continue to look to innovation to increase value and expand capabilities. Traditionally, corporations focused on internal research and development (“R&D”) and acquisitions of strategic targets. Yet, innovation through R&D can have its limitations as it is funded internally...
Tactical and strategic steps for successful cyber incident preparedness
To kick-off this year’s cyber awareness month, we wanted to present an article that would look back on the past year along with our experience counseling organizations, large and small across all sectors, through the ordeal of cyberattacks, data extortion...
Cybersecurity for Canada’s financial institutions
In the Office of the Superintendent of Financial Institution’s (OSFI) first Annual Risk outlook for Fiscal Year 2022-2023, the OSFI identifies the most material risks which face federally regulated financial institutions (FRFIs). Among the financial risks that the OSFI identifies...
Managing cybersecurity in M&A transactions: How to mitigate risk through due diligence
As companies have become increasingly technology-driven in recent years, a target’s cybersecurity posture has become a key focal point in the diligence process. The COVID-19 pandemic has made this concern particularly acute: notwithstanding that an increasingly large number of people...
Down rounds: What emerging companies should consider when raising in a slowing economy
Introduction Canada saw record levels of investment in 2021. The Canadian Venture Capital & Private Equity Association (CVCA) 2021 Market Overview reported 752 deals totaling $14.7 billion in venture capital investments in emerging Canadian companies that year – more than double...
