DAY 1

1. Opening Remarks from the Program Leaders

Louise Clements
SVP, Digital Strategist, MacLaren McCann Canada Inc.

2.  Overcoming Novel Legal and Business Risks to Turn Social Media into a Valuable Business Tool

Louise Clements
SVP, Digital Strategist, MacLaren McCann Canada Inc.

Joseph Thornley
Chairman and CEO, Thornley Fallis & 76design

• Essential legal and business risks to contemplate when deciding to use social media
• Staying atop of evolving risks in today’s market and economic landscape
• Unique private vs. public sector risk elements
• Practical risk mitigation strategies to build into your business plan
• Establishing a sound social media management plan top-down in your organization

3. Creating and Benchmarking Proactive Corporate Policies on the Use of Social Media

Nyree Embiricos
Counsel
Amex Bank of Canada
General Counsel’s Office

• Outlining different kinds of policies that can suit your organization’s objectives
  • Implications on your company’s operational success
• Reviewing precedent policies
• Effectively reconciling social media practices with existing corporate policies
• Establishing key provisions:
  • Accurately specifying the amount of flexibility needed to benefit from social media
  • Who bears legal liabilities and what are the limitations?
  • Proprietary provisions: who owns what site? who owns what comments?
  • What language is actually enforceable?
• Cross-referencing your own policies with those of the social media platform
• Creating a unified approach among communications, marketing and legal departments

4. Successfully Implementing Your Social Media Agenda

Giuliana Marinelli
Counsel, RBC Law Group, Royal Bank of Canada

John P. Salloum
Lawyer, Heenan Blaikie LLP

Michel Savoie
Manager, Client Strategy, Gen Y, Royal Bank of Canada

• What you must know about legal terms of use and disclaimers in social media:
  • Drafting enforceable terms in 140 characters or less
  • Requirements when linking disclaimers online
  • What must be in the text vs. links
• Minimizing risk when obtaining internal approvals that may not turnaround as quickly as social media channels demand
• Top tips on effectively implementing your organization’s policies:
  • What is the extent of your legal obligation to supervise social media activities?
  • Does this obligation differ for each kind of policy?
• What is your legal obligation to monitor your “followers” on Twitter?

5. Keynote Luncheon Address by: “How to Maximize the Use of Social Media for Hiring and Recruiting”

Jonathan Lister
Managing Director, Canada and Latin America
LinkedIn

6. Overcoming Critical Employment Law Issues when Using Social Media for Hiring and Recruiting

Dan Michaluk
Partner, Hicks Morley

• Analyzing the employer’s obligation to conduct background checks online
• Best practices for conducting social media background checks
• Reducing the risk of inciting potential human rights complaints
• Drafting enforceable non-compete and confidentiality clauses involving social media use for employment agreements
• Defining what amounts to cause for termination in employment agreements regarding social media use

7. Minimizing Risks to Your Organization When Advertising and Marketing via Social Media

Donna Marie Antoniadis
Co-founder & CEO, ShesConnected Multimedia Corp.

Brian Fraser
Partner, Gowling Lafl eur Henderson LLP

Ruth Rapoport
Assistant General Counsel, Unilever Canada Inc.

Patrick Thoburn
Co-Founder, Matchstick

• Working tactically within the existing advertising and marketing law framework
• What kind of notifications need to be provided to clients and end-users? What are the consent requirements?
• Applying the latest legal developments when running or registering in contests via social media
• Maintaining transparency and disclosure when working with bloggers
• Evaluating industry regulation on endorsements and testimonials
• Collecting personal information from social media sites
• How can you legally use personal information for your business purposes?

8. Learning from the Latest Social Media Litigation to Protect Your Business Interests

Anna Maria Cicirello
Senior Manager, KPMG Forensic

• Getting up to speed with recent social media litigation trends:
  • What types of lawsuits are being launched?
  • How have social media been used to prove or disprove an issue of fact?
  • What are the damages?
  • What do the cases reveal about the courts’ sentiments?
• Examining documentary and record retention obligations:
  • How do these requirements vary from organization to organization?
  • Evaluating the current standards for disclosure and production
  • Understanding disclosure rules unique to public statements or financial commodities
• Using social media posts as evidence:
  • What is the applicable standard?
  • When can social media posts be used against the individual or organization?
  • What are the limitations?
• Staying compliant in examinations for discovery and cross-examinations:
• Lessons can be learned from recent CRTC rulings

9. Staying Compliant with Regulatory Authorities in Canada, U.S. and Worldwide

Andrew Nunes
Partner, Fasken Martineau DuMoulin LLP
Chair, Ontario Bar Association, IT & E-commerce Section

• Who has regulatory authority over an organization’s use of social media?
• Reconciling inter-provincial and cross-border laws
• Examining the impact of social media and governing laws on heavily regulated industries
• To what extent do the social media operator’s terms of use and disclaimers permit self-regulation?
• Understanding how the governing authority differs between private vs. public sectors
• Analyzing the roles of CRTC, The Office of the Privacy Commissioner, the courts, and beyond
• What are key international jurisdictions doing on social media regulation?
• What are the main international data protection authorities governing social media use?

Concluding Remarks from the Program Leaders - Program Adjourns

DAY 2

Opening Remarks from the Program Leaders

Martin Kratz, Q.C.
Partner & Lead, Intellectual Property Practice
Bennett Jones LLP

10. Innovative Strategies for Reputational Damage Control and Risk Mitigation

Afshin Mousavian
Senior Digital Strategist, Sequentia Environics

Martin Kratz, Q.C.
Partner & Lead, Intellectual Property Practice
Bennett Jones LLP

• Analyzing Canada’s legal framework on defamation and libel involving social media use
• Learning from recent case law on defamation and libel in the context of social media:
  • Examining web site hosts’ liability for posted content
  • What is the legal standard? How is it applied?
• What to do when your organization is under cyber-libel attack
• Mitigating reputational risk: Effective strategies
• Defending an accusation of defamatory conduct:
  • What are the available defences?
  • What if the impugned comments were posted by a third party on your web pages?
  • What if the impugned comments were posted by a third party on a site linked to your organization’s website?
  • Publication vs. republication in social media
  • What is your legal obligation to monitor online posts?
• What you need to know about the U.S. Communications Decency Act
• Reconciling the law of defamation with the fundamental right to free speech

11. Maximizing Privacy and Fair Access in Social Media Use

Joel Ramsey
Partner, McCarthy Tétrault LLP

• Proposed Bill C-29, amendments to PIPEDA: key implications on social media
• Analyzing recent findings of The Office of the Privacy Commissioner
  • Knowing the elements that may render your conduct susceptible to a claim of breach
• Clarifying the legal standard of reasonableness for privacy in the context of social media
• Who owns the information posted on social media sites?
• Practical strategies for acting within the ambit of Canadian privacy laws
  • Regulating the privacy of information in user-generated content
  • Evaluating privacy considerations for public vs. Private sectors
• Preparing for emerging issues on breaches of privacy and confidentiality

12. Best Practices for Responding to Abuse of Content, Privacy Infringements and Security Breaches

David B. Elder
Counsel
Stikeman Elliot LLP

• Immediate action plan for responding to abuse of content
• How do you report abuse of content?
• Steps to take if the violated content was masked or fake
• Analyzing the consequences and legal liabilities flowing from a security breach
• What are your available defences?
• Exploring effective prevention techniques

13. Protecting Your Valuable IP in Social Media

Catherine Lovrics
Associate Lawyer, Bereskin & Parr

Antonio Turco
Lawyer, Blake, Cassels & Graydon LLP

• Identifying risks of IP exposure on social media
• Legal risks to consider when uploading trademarked or copyrighted material
• Brand management in the world of social media explosion: Preventing brand devaluation
• What kind of permission do you need to secure before using trademarked or copyrighted materials?
• What to do when your logo is altered or protected material is extracted without authorization
• Critical updates on the Copyright Reform Act
• New ways of registering URLs and other social media accounts

14. Case Study Wrap-Up: Successfully Implementing Your Social Media Plan and Exploring Available Remedies When “It’s Gone Viral”

Christine Korda
VP, Communications
ShesConnected Multimedia Corp.

In today’s fast-paced social media environment, bad news about your company can travel fast. How can you determine when to rely on traditional media and when to use social media to confront negative publicity? Attend this session and learn the practical tools and resources that are available to properly execute a sound social media plan. You will also take away efficient strategies to tackle cyber problems that have gone viral during the implementation of your social media plan.

• Lessons learned from the Air Canada case:
  • Examining steps that should have been taken
  • Damage control tips under similar circumstances
• Exploring pragmatic tools available to resolve issues other than litigation, including:
  • How can you get help from within your own organization?
  • Extracting tools from your internal policies
  • Legal resources
  • Management training and planning best practices
• Strategies for minimizing abuse of social media activities and content