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ENTERTAINMENT

Entertainment is an industry with global reach and impact. Consumers have a myriad of entertainment options and delivery channels, and so, it is important to cater to the competitive market. McMillan’s industry experts are focused on protecting our clients’ commercial interests while helping them share their creative work with a broader audience.

At McMillan, we understand that, while regulations are local, technology makes entertainment a global business. Our goal is to help clients work profitably in a complex global web of regulatory and legal jurisdictions. Our clients have included some of the world’s leading film studios, television networks, cable operators, production and distribution companies, and artists themselves.

McMillan’s Media, Communications and Entertainment Industry Group understand both the art and business of entertainment. Among the ways that we serve our clients is by helping to secure financing; representing clients before regulatory tribunals such as the Canadian Radio-television Telecommunications Commission; developing intellectual property and licensing agreements; advising non-Canadian companies on transactions subject to the Investment Canada Act; developing strategies to secure tax credits and grants; representing clients in litigation and other dispute resolution proceedings; advising on acquisitions, mergers or divestitures; and negotiating contracts for performing artists, endorsements and record production arrangements.

MEDIA

Developing technologies and delivery channels have made the media industry global. Mobile devices enable consumers to access content wherever they are, whenever they wish. Media companies need to work with a law firm that understands the industry and the trends that are moving it into the future.

McMillan’s Media, Communications and Entertainment Industry Group helps media clients adapt to the evolving marketplace. We help our clients by understanding the pace of change in this industry and regularly working with the business leaders, regulators and decision makers. We work with a wide range of television and radio networks, specialty television services, satellite broadcasters and publishing companies to help them run their day-to-day operations profitably, while anticipating the challenges and opportunities of the future.

Among the ways McMillan lawyers serve our clients is by representing them before regulators such as the Canadian Radio-television Telecommunications Commission; advising on intellectual property matters; representing clients in defamation and libel proceedings; counseling clients on foreign ownership rules and other competition matters; advocating for legislative or policy changes, including copyright, competition, antitrust and foreign ownership issues; advising on mergers, acquisitions and divestitures; assisting with operational matters such as employment, real estate, corporate and commercial contracts, and tax matters

TELECOMMUNICATIONS

Telecommunications and the media industry have fundamentally changed, with the consumption of digital content and daily online communication becoming a mainstay in most people’s lives McMillan’s telecommunications lawyers provide a wide range of legal services to help telecommunications companies meet the demands of the continually changing telecommunications landscape. We have deep industry experience assisting clients on a full range of issues, including acquisitions and sales, corporate reorganizations, regulatory matters, licensing, and industry-specific commercial arrangements.

In particular, McMillan’s telecommunications lawyers and professionals help clients lead by advising on regulation and licensing matters; providing Canadian regulatory advice regarding Canadian and US public offerings and cross-border financings for Canadian and multinational telecommunications service providers; negotiating and preparing telecommunications-related agreements and contracts; making submissions to the Canadian Radio-television and Telecommunications Commission (CRTC) and the Competition Bureau regarding telecommunications resale and telephone company activities; acting on mergers, acquisitions and divestitures of telecommunications service providers; advising on domestic and international telecommunications resale rules; and acting for owners of television and radio stations in regulatory and competition matters.

INSIGHTS (60 Posts)

Featured Insight

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

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May 25, 2021
Featured Insight

BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions

Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.

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May 19, 2021
Featured Insight

Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers

Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.

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Apr 27, 2021
Featured Insight

A Retailer’s Duty to Accommodate Disabilities That Interfere With a Customer’s Ability to Wear a Face Mask

The BC Human Rights Tribunal has issued its first decision relating to discrimination in the context of mandated mask policies.

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Apr 6, 2021
Featured Insight

Global Remote Working – What Employers Need to Know

This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.

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Mar 29, 2021
Featured Insight

Canadian Government Expands National Security Guidance

On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.

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Mar 25, 2021
Featured Insight

Canada Updates Official Terrorist Entities List – What It Means for Your Business

The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.

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Feb 23, 2021
Featured Insight

Big Brother’s Access Limited – Canadian Privacy Commissioners Rule Clearview AI’s Facial Recognition Tool in Breach of Canadian Privacy Laws

Privacy Commissioners find Clearview AI's use of facial recognition software on images it scraped from the Internet to be in breach of privacy laws.

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Feb 17, 2021
Featured Insight

New Workplace Harassment and Violence Requirements for Federally Regulated Employees Now in Effect

As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations

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Jan 4, 2021
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

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Dec 23, 2020
Featured Insight

B.C. Technology Sector Makes the Grade – But Not Yet Top of the Class

In November 2020, KPMG released the B.C Tech Report Card 2020. The Report Card outlined the current state of the British Columbia technology sector.

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Dec 2, 2020
Featured Insight

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

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Oct 13, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

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Oct 6, 2020
Featured Insight

Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.

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Sep 30, 2020
Featured Insight

COVID-19 Realities Push Ontario Government to Launch Public Consultation to Improve the Province’s Privacy Laws

The Ontario government launched public consultations to guide their modernization of private-sector privacy laws within the province.

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Aug 19, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

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Aug 5, 2020
Featured Insight

Global Privacy Authorities Remind Video Teleconferencing Companies of Privacy Expectations

Global privacy authorities published a letter to remind video teleconferencing companies of their obligations regarding user's privacy.

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Jul 29, 2020
Featured Insight

Federal Court Defends CASL, Says Prohibition on Spam is Constitutional

he FCA ruled that CASL's provisions relating to the regulation of commercial electronic messages are constitutional, despite challenge from CompuFinder

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Jul 1, 2020
Featured Insight

Ontario Small Businesses Get a New Ride on the Digital Main Street

Review of the Ontario Digital Main Street initiative and new funding introduced by the government to assist businesses pivoting to an ecommerce business model.

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Jun 24, 2020
Featured Insight

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

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Jun 23, 2020
Featured Insight

Making B.C. an Emerging Economy Leader

Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.

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Jun 23, 2020
Featured Insight

Making Innovation Work for British Columbia

Analysis and guidance on how BC companies can benefit from the BC Innovation Commissioner's recommendations and help make BC a technology powerhouse.

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Jun 3, 2020
Featured Insight

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

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Jun 1, 2020
Featured Insight

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

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May 26, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

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Mar 29, 2020
Featured Insight

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

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Mar 23, 2020
Featured Insight

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

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Mar 20, 2020
Featured Insight

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

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Jan 21, 2020
Featured Insight

Under the Influence: The Canadian Competition Bureau’s Stand on Misleading Product Endorsements

The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.

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Dec 30, 2019
Featured Insight

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

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Dec 19, 2019
Featured Insight

Ontario Court Suggests Terminated Salespeople are Fish Out of Water

Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.

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Dec 16, 2019
Featured Insight

A Comma-dy of Errors: Ontario Superior Court Dismisses Pensioners’ Class Action

In Austin v. Bell Canada, a class proceeding was brought, certified, and dismissed on summary judgment, in
connection with the provision of a pension plan.

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Dec 3, 2019
Featured Insight

Canada’s New Internet Code

The CRTC has established a mandatory code of conduct, regarding consumer contracts for fixed retail Internet
services, which comes into effect January 31, 2020.

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Nov 29, 2019
Featured Insight

One-Year Anniversary of Mandatory Data Breach Reporting: Lessons the OPC Has Learned and What Businesses Need to Know

November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")

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Nov 11, 2019
Featured Insight

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

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Jun 4, 2019
Featured Insight

Shocking U.S. “Loot Box” Bill Should Surprise No One: The Video Game Industry Under Attack

Video games are big business: from the latest blockbuster, an indie hit, a mobile time-passer for your transit ride, or a packed esports arena with massive online viewership, there’s good money in creating engaging and immersive entertainment products.

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May 27, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

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May 23, 2019
Featured Insight

VFX Animators Awarded Overtime Pay: Decision Sets High BC Bar for “High-Tech Professional”

In a recent decision, a delegate of the Director of Employment Standards determined that Cinesite Vancouver Inc., formerly known as Nitrogen Studios Canada Inc.

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Apr 4, 2019
Featured Insight

What Can and Should the Law Do About ‘Deepfake’: An Update

This update looks at several additional causes of action and discusses how we can limit the deleterious social consequences of deepfake videos.

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Dec 5, 2018
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

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Nov 1, 2018
Featured Insight

PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

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May 30, 2018
Featured Insight

Practicing Safe Text: Drafting Tips from the Stormy Daniels NDA

Stormy Daniels launches complaint asking a California court to find the NDA invalid and confirm she was free to speak publicly about an alleged 2006 sexual affair with Mr. Trump

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Mar 22, 2018
Featured Insight

Seller Beware: The Dangers of Sales Language

Winning a bid dangerous when materials use exaggerated hyperbolic language and contain injudicious claims to performance suitability reliability and functionality of goods or services offered

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Jan 19, 2018
Featured Insight

CSA Provides Guidance to Registrants on Cyber Security and Social Media

CSA Provides Guidance to Registrants on Cyber Security and Social Media

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Nov 1, 2017
Featured Insight

Change is in the Airwaves: CRTC Expands the Wireless Code of Conduct

Change is in the Airwaves: CRTC Expands the Wireless Code of Conduct

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Jun 20, 2017
Featured Insight

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

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Jun 7, 2017
Featured Insight

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

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Jan 30, 2017
Featured Insight

CSA Provides Cybersecurity Risk Disclosure Guidance and Best Practices for Reporting Issuers

CSA Provides Cybersecurity Risk Disclosure Guidance and Best Practices for Reporting Issuers

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Jan 6, 2017
Featured Insight

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

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Jan 3, 2017
Featured Insight

Making Better Food Choices: Health Canada’s Vision for Canadians

Making Better Food Choices: Health Canada's Vision for Canadians

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Dec 14, 2016
Featured Insight

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

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Oct 24, 2016
Featured Insight

Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market

Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market

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Oct 17, 2016
Featured Insight

CSA Publish Update on Cybersecurity for Market Participants

CSA Publish Update on Cybersecurity for Market Participants

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Oct 6, 2016
Featured Insight

Enforcement Advisory: Keeping Records of Consent under CASL

Enforcement Advisory: Keeping Records of Consent under CASL

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Aug 3, 2016
Featured Insight

Tips for Startups – Understanding Debt vs. Equity Investments

Tips for Startups - Understanding Debt vs. Equity Investments

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Jul 5, 2016
Featured Insight

“Venting” on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments

"Venting" on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments

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May 4, 2016
Featured Insight

Adult Films and Health and Safety: Debbie Does Goggles?

Adult Films and Health and Safety: Debbie Does Goggles?

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Mar 12, 2016
Featured Insight

England Rugby to Players: Twitter arguments equal “battle you won’t win”

England Rugby to Players: Twitter arguments equal battle you wont win

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Aug 21, 2015
Featured Insight

Social Media and Websites as National Communication Platforms in Canada in Light of French Language Requirements

Social Media and Websites as National Communication Platforms in Canada in Light of French Language Requirements

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Apr 24, 2015
Featured Insight

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

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Mar 7, 2015