Find Lawyers in Toronto, Ontario for Advertising and Marketing Law
Practice Area Overview
The field of advertising law in Canada has a wide scope – it encompasses the substantive laws, both federal and provincial, that govern the content of advertising, as well as the myriad and increasingly complex commercial and transactional arrangements involved in the creation and delivery of advertising messages.
Lawyers practising in this area routinely advise their clients regarding proposed advertising claims and claims support, packaging and labelling, promotions and contests, ad agency and media contracts, advertising pre-clearance, comparative advertising, advertising disputes, mobile advertising and social media, and privacy issues, including those relating to outbound e-marketing and online behavioural advertising.
They must be familiar with not only the key legislation of general application to advertising content, such as the federal Competition Act and provincial consumer protection legislation, but also with legislation affecting certain regulated categories of products or services, such as foods, drugs, cosmetics, natural health products, tobacco products, automobiles, and financial services, among others.
Advice provided by advertising lawyers may be informed by other disciplines, such as corporate and commercial law, intellectual property law, administrative law and litigation, as lawyers practising in this area may be called upon to advise on contracts, the use of intellectual property (belonging to the advertiser or third parties) and regulatory investigations or proceedings or private actions for misleading advertising.
In the age of social media in particular, they also must be attuned to both the legal risks, and the reputational risks, associated with certain types of promotional campaigns.
A creative mindset and approach is important in this practice area, as advertising lawyers need to help their clients create and deliver advertising that respects the law while remaining compelling to consumers.
Michael Binetti, Managing Partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.” Michael represen...
Alex Cameron is the Co-Chair of the Privacy and Cybersecurity Group at Fasken. He is widely recognized as one of the leading cybersecurity and privacy lawyers in Canada. Alex is consistently sought out in these areas by cyber insurers and clients from all industry sectors, including numerous Fortune 100 and 500 companies. He has helped clients respond to large scale cybersecurity attacks, ransomware attacks and data breaches involving millions of individuals. An accomplished litigator, Alex h...
Paul Collins is senior counsel and the former Head of the Competition & Foreign Investment Group in the Toronto office. He practises corporate and commercial law, specializing in the area of competition law, providing both transactional and general compliance advice, as well as advice regarding marketing and advertising law. Paul is also a leading advisor for foreign investors in connection with the Investment Canada Act . His practice puts him in constant contact with the federal Competi...
Tony is a Partner and Co-Leader of the firm’s Competition, Marketing and Foreign Investment Group. As former counsel to Canada’s Commissioner of Competition (Department of Justice Canada) and having served as counsel in many of Canada’s most significant competition matters, Tony is widely recognized as one of Canada’s leading practitioners in competition law and litigation. Tony represents and counsels clients in domestic and multi-jurisdictional competition matters, i...
Huy Do is the Co-Leader of the firm’s Competition, Marketing & Foreign Investment group. His practice focuses on anti-trust/competition, marketing and foreign investment law. Huy is a widely recognized leader in Canadian competition, marketing and foreign investment laws. He is a Past Chair and member of the Executive of the Competition Law Section of the Canadian Bar Association and serves as a Non-Governmental Advisor to the International Competition Network, a network of antitrus...
Eric Dufour is a partner in our Toronto office and the Leader of the Competition/Antitrust &Foreign Investment Group. With over 25 years of experience, clients trust Eric with their most strategic and critical competition, foreign investment and national security matters. Eric has successfully obtained clearances under the Competition Act for hundreds of domestic, cross-border and international transactions. He also provides strategic advice to firms facing criminal and reviewable issues,...
Daniel Fabiano’s business law practice is focused on privacy/information protection, procurement, and technology. In his procurement practice, Daniel frequently advises clients on initiating and documenting the bidding process, drafting and negotiating contracts, as well as managing and mitigating procurement risks and in bid disputes. He has both a “Certificate in Public Procurement Law and Practice” and a “Certificate in Advance Procurement Law and Practice: Major Pr...
Peter Flynn is a partner in the Competition & Foreign Investment Group. His practice focuses on the review of transactions under the Competition Act and the Investment Canada Act , with a particular emphasis on obtaining required regulatory approvals for cross-border mandates. Under the Competition Act , Peter advises on all aspects of competition law, including complex merger review, joint ventures and strategic alliances, criminal and civil investigations, regulatory compliance matters ...
Biography Arlan Gates practices commercial and regulatory law as a member of Baker McKenzie's Global International Commercial & Trade and Antitrust & Competition groups. He leads the Canadian Antitrust, Competition and Foreign Investment Practice, which has been ranked by The Legal 500 and Chambers Canada. He is also ranked by Chambers Canada and by Best Lawyers in the area of advertising, marketing and data protection law and leads the Canadian Advertising, Marketing and Regulatory P...
Michael Kilby is a partner and Head of the Competition & Foreign Investment Group. He is a leading advisor on matters relating to Canadian competition and foreign investment laws, and has wide-ranging experience in complex merger reviews, foreign investment approvals, national security reviews, pricing and distribution practices, misleading advertising, anti-corruption and related counselling matters across a broad spectrum of industries. Michael has been involved in some of the most impo...
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