https://mcmillan.ca/wp-content/uploads/2020/05/profile-default-mobile.jpg

Janine MacNeil is widely respected for her exceptional capability in advertising and marketing law as well as antitrust matters. In this capacity she works with some of Canada’s largest and most respected companies in manufacturing, payments, and regulated consumer products such as food, alcoholic beverages, natural health products, medical and wireless / electronic devices.

Advising on all legal aspects of advertising and marketing, Janine provides guidance on promotional contests, games and sweepstakes (and related privacy matters), compliance with consumer protection legislation, marketing and advertising-related agreements, and packaging and labelling requirements. She is recognized by Chambers Canada and the Canadian Legal Lexpert Directory for expertise in advertising and marketing law.

In addition, Janine assists clients in complying with the Competition Bureau’s merger notification regime, creating competition compliance programs, and responding to Competition Bureau investigations including cartel investigations.

Janine is past chair of the Marketing Practices Committee of the Canadian Bar Association’s Competition Law Section.



Representative Matters

Janine MacNeil’s representative work includes advising some of Canada’s largest and most respected companies in the telecommunications, retail, automotive, manufacturing, insurance, mass media and entertainment sectors in the following areas:

  • Advertising copy review for all media; food, drug and cosmetic packaging and labeling review; drafting and negotiating co-promotion, talent, licensing and sponsorship agreements; identifying and advising on privacy issues relating to consumer promotions; and compliance in the design, review and execution of contests and promotions.
  • Privacy law matters including security, compliance procedures and documentation, information audits, privacy policies, consent documentation, organizational procedures and practices, compliance procedures and regulatory matters.
  • Information technology/e-commerce matters, including transaction and contracting; website development; online advertising and marketing issues; security of transaction and privacy issues; consumer protection issues; intellectual property rights; jurisdiction and multi-national law issues.
  • Merger matters, including Kraft/Cadbury, West Fraser/Weldwood. Kraft/Nestle, Teck Cominico/Aur Resources, Teck Cominico/Inco, Teck Cominico/Fording, Davis + Henderson/Resolve, Poscor/Triple M, among others.
  • Cartel investigations, including Liquid Crystal Display, Cathode Ray Tubes, and Copper Concentrates.

Speaking Engagements

Liability Issues Arising from COVID-19, Part 2 Association of Home Appliance Manufacturers, webinar

May 21, 2020

Canada's Anti-spam Legislation (CASL) – 2019 Update, 2019 Year in Review: Privacy, Data Protection & Cybersecurity Seminar

February 4, 2020

2019 Year in Review: Privacy, Data Protection & Cybersecurity McMillan LLP, Toronto

February 4, 2020

Advertising & Marketing Law: Social, Digital, Online Compliance ‐ Legal Issues for 2018 and Beyond OBA | Professional Development, Toronto

October 2018

Advertising and Marketing Law: Made in Canada Canadian Bar Association National Competition Law Section's Young Lawyers Symposium

April 28, 2017

Portfolio Management Association of Canada Compliance Officers' Network, CASL Compliance Recap

April 25, 2017

From Fine Print to Another Fine Mess: Developments in Advertising Law in Canada Canadian Bar Association National Competition Law Section's Marketing Practices Committee

February 23, 2017

Data Storage: Understanding Your Legal and Ethical Obligations MagNet 2013

June 6, 2013

New Anti-Spam Regulations Association of Canadian Advertisers

January 31, 2013

Canada's Anti-Spam Legislation - Revised Regulations Released. Is Your Organization Ready? McMillan 2013 Corporate Counsel Series

January 30, 2013

Social Media and Mobile Privacy Issues Information Privacy and Data Protection: Technology, Security and Corporate Responsibility in Today's Marketplace, Lexpert

December 6, 2012

Ontario's Consumer Protection Act: Learning from a Decade of Compliance Consumer Law Essentials, The Canadian Bar Association

October 17, 2012

Impact of Social Media on Regulators: Balancing Privacy and Public Interest in the World of Social Media College of Respiratory Therapists of Ontario Annual Education Day

December 2, 2011

Contests, the Internet and…Zombies? The Importance of Awareness, Responsiveness and Legal Compliance in Running Successful Online Contests Digital Marketing & Advertising Law: New Rules & Practical Advice to Protect Your Corporation While Increasing Your Profits, Insight Information Co.

November 30, 2011

Speaker, Preventing WikiLeaks: How to Keep Your Client's Information Private and Data Protected McMillan Corporate Counsel Continuing Professional Development Series

November 23, 2011

How to Keep Your Cutting Edge Creative Compliant McMillan Corporate Counsel Continuing Professional Development Series

March 1, 2011

Social Media and the Regulator's Dilemma Ontario Professional Regulators' Policy Network: Balancing Practitioners' Privacy and Public Interest

February 25, 2011

Information Privacy and Data Protection Privacy and Marketing, Lexpert

November 29, 2010

The 2009 Competition Act Amendments: Assessing Your Marketing Practices Consumer Law Seminar, Ontario Bar Association, Business Law Section

June 2010

Ensuring Compliance for Your Privacy Policies: The Latest Developments in Privacy Law Advertising & Marketing Law & Compliance for Financial Institutions, The Canadian Institute

April 29, 2010

Information Privacy and Data Protection Conference Lexpert

November 2009

Staying On-Side: Corporate Compliance Programs Mapping the Terrain: An Update on Canadian Competition Law and a Look at the Year Ahead, presented by Lang Michener's Competition & Marketing Law Group

May 2008

Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing and Loyalty Programs and Abuse of Dominance: Canada Pipe Competition Law Essentials Conference, The Continuing Legal Education Society of BC, Vancouver

December 2006

Cost of Credit Disclosure Issues – Credit Cards: Taking a Swipe at Ontario's New Consumer Protection Act, 2002 New Rules for Consumers and Businesses – The New Consumer Protection Act, presented jointly by the Ontario Bar Association and the Law Society of Upper Canada, Toronto

April 2005

The Price Claim is Right (or is it?): How to Factor Pricing Issues Into Your Marketing Practices 11th Annual Advertising & Marketing Conference

January 25, 2005

Price Claims: Too Good to be True? Separating Fact from Fiction in Ordinary Price Claims 7th Annual Conference Advertising & Marketing Law, presented by Insight Information, Toronto

November 29, 2004

Price (Mis)Representations: The Continuing Challenge of Regular Price Comparisons 9th Annual Advertising and Marketing Law Conference, presented by the Canadian Institute, Toronto

January 31, 2003

Price Advertising: Effective and Compliant Strategies Advertising and Marketing Law Conference, presented by The Canadian Institute

May 30, 2002

Substantive Issues in Canadian Merger Control: A Practical Guide Essentials of Competition Law Conference, presented by the Ontario Bar Association, Business Law Section

May 13, 2002
Read more

News


Media Mentions


Rankings & Recognition

  • Recognized by Chambers Canada (2022) as a leading lawyer in the area of Advertising & Marketing
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Advertising Law
  • Recognized in the 2021 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Advertising & Marketing Law
  • Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Advertising and Marketing Law
  • Recognized by Chambers Canada (2021) as a leading lawyer in the area of Advertising & Marketing
  • Recognized in the 2020 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Advertising & Marketing Law
  • Recognized by Chambers Canada (2020) as a leading lawyer in the area of Advertising & Marketing Law
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Advertising & Marketing Law
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Advertising & Marketing Law
  • Recognized by Chambers Canada 2019 as a leader in Advertising & Marketing
  • Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of Advertising and Marketing Law
  • Recognized in Best Lawyers in Canada (2018) as a leading lawyer in the area of Advertising and Marketing Law
  • Recognized in Chambers Canada 2017 as a leading lawyer in the area of Advertising & Marketing – Canada

Directorships & Affiliations

  • Canadian Bar Association, Past Chair, Marketing Practices Committee, Competition Law Section
  • American Bar Association, Antitrust Law Section
  • Ontario Bar Association
  • Advertising Standards Canada
  • Canadian Marketing Association
  • Promotion Marketing Association
  • Certified Information Privacy Professional / Canada (CIPP/C)

Education & Admissions

2002
Called to the Ontario bar
2000
LLBDalhousie University
1997
BBAMount Saint Vincent University

Publications

  • Canada’s Anti-Spam Law: Are You Ready?“, McMillan at a glance (May 2014)
  • “The Implications of the Recent Decision Of The U.S. Supreme Court in Leegin for Distribution Policies in Canada”, TerraLex Connections (May 2008)
  • “Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs”, CCH Corporate Brief , No. 165 (May 2008)
  • “Til Death Us Do Part: Is the Canadian Law of Refusal to Deal Becoming an Increasing Challenge for Efficient Distribution Arrangements in Canada?”, Distribution, The Newsletter of the Distribution and Franchising Committee, Antitrust Section – American Bar Association Volume 11, Number 2 (September 2007)
  • “The Canadian Efficiencies Defence: A New Approach”, International Antitrust Bulletin (January 2007)
  • “Efficiencies Again”, Toronto Law Journal (November 2006)
  • “Important Practical Competition Law Issues in Day-to-Day Transactions: Developments in the Law of Predation, Price Maintenance and Refusal to Deal”, The Advocates’ Quarterly, Vol. 31, No. 2 (April 2006)
  • “Marketing Payment Cards in Canada”, Canadian Institute Payment Card Compliance in Canada Conference (February 2006)
  • What’s in Store for Sears? A Look at the Competition Tribunal’s Decision”, Lang Michener Advertising & Marketing Brief (Winter 2005)
  • “Competition Act Amendments Tabled: What’s in Bill C-19”, Lang Michener Competition & Antitrust Brief (November 2004)

Insights by Janine MacNeil (20 Posts)

Featured Insight

Advertising in the Virtual World

Join members of the Marketing and Advertising Group on Thursday, June 17, 2021 at 12 pm ET as we discuss current trends in marketing and advertising in an increasingly virtual world, and during the ongoing global pandemic.

Details
June 17, 2021 - 12:00 pm to 1:30 pm ET
Featured Insight

Competition Law Recap: Key Takeaways from 2020 (January 27, 2021)

2020 has been an interesting and challenging year as economies grapple with the COVID-19 pandemic.

Details
January 27, 2021 - 1:00 pm to 2:15 pm ET
Featured Insight

2019 Year in Review: Privacy, Data Protection & Cybersecurity

Focusing our discussion on significant advancements, findings and key takeaways, we will present a “Year in Review” session that will cover many of the notable developments that occurred in 2019.

Feb 4, 2020
Featured Insight

Competition Law Recap: Key Takeaways from 2019

Join Competition lawyers Janine MacNeil and Mark Opashinov for everything you need to know about the year's developments in mergers, refusals to deal, price maintenance, abuse of dominant market position, cartel enforcement, misleading and deceptive advertising.

Dec 17, 2019
Featured Insight

Competition Law Recap: Key Takeaways from 2018

Competition Law Recap: Key Takeaways from 2018

Dec 6, 2018
Featured Insight

Privacy, Data Protection & Cybersecurity Seminar

McMillan is pleased to host its third annual Privacy, Data Protection & Cybersecurity Seminar in Toronto.

Details
November 13, 2018 - 8:30 am to 12:15 pm
Featured Insight

First Mover Advantage: The Legalization of Adult Use Cannabis in Canada

Whether you are new to the cannabis industry, interested in starting a cannabis business, or have been seizing opportunities for a while — join us for an interactive day on the strategic and legal implications of the legalization of cannabis in Canada.

Details
October 30, 2018 - 7:30 am to 3:35 pm
Featured Insight

A $250,000 Reminder that “CASL” is Not Just an Anti-Spam Law

July, 2018, the CRTC announced it took enforcement action against Datablocks and Sunlight Media - the first time action is taken under Canada's "Anti-Spam Law"

Read More
Jul 16, 2018
Featured Insight

Canadian Anti-Spam Law: What you still need to know about CASL

Join the discussion where legal and industry leaders will provide the latest updates on CASL and how organizations are rising to the compliance challenge.

Details
November 30, 2017 - 3:30 pm to 5:00 pm
Featured Insight

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Read More
Jun 7, 2017
Featured Insight

Back to Basics: Acting Chairman Maureen K. Ohlhausen presents near-term FTC reforms

Back to Basics: Acting Chairman Maureen K. Ohlhausen presents near-term FTC reforms

Read More
Feb 9, 2017
Featured Insight

Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods

Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods

Read More
Dec 30, 2016
Featured Insight

Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling

Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling

Read More
Dec 15, 2016
Featured Insight

The Canadian Food Inspection Agency’s Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches

The Canadian Food Inspection Agency's Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches

Read More
Dec 5, 2016
Featured Insight

What’s the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry

What's the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry

Read More
Dec 5, 2016
Featured Insight

Privacy, Data Protection and Cybersecurity Seminar

As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.

Details
November 3, 2016 - 7:30 am to 12:30 pm EST
Featured Insight

Shining Light in Dark Places: GPEN Sweep Targets Children’s Mobile Applications and Websites

Shining Light in Dark Places: GPEN Sweep Targets Children's Mobile Applications and Websites

Read More
Sep 13, 2015
Featured Insight

Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event

Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event

Read More
Jun 3, 2015
Featured Insight

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

Read More
Mar 7, 2015
Featured Insight

Canadian Competition Law Compliance: The Bureau Shows Us the Money

Canadian Competition Law Compliance: The Bureau Shows Us the Money

Read More
Sep 29, 2014