Mark Hayes

Summary
Qualification and Professional Activities
Publications
Speaking Engagements
Media Appearances

Mark Hayes is the founding partner of Hayes eLaw LLP. Mark practiced for 25 years with four of Canada’s largest full-service law firms before creating Hayes eLaw LLP in April 2009.

Mark’s practice focuses on commercial and litigation matters relating to copyright, entertainment and media, information technology, privacy and access to information. Mark has extensive experience with regulatory matters and Canadian federal tribunals, including the Copyright Board of Canada. Mark’s clients range from Fortune 500 companies to individual website operators, and include a number of industry associations. Mark has for several years provided pro bono legal services to Child Find Manitoba, the Canadian Centre for Child Protection and www.cybertip.ca, the Canadian child pornography tip line.

Mark’s wide range of experience allows him to provide expert advice on a cost-effective basis. See the recommendations Mark has received from clients and colleagues at his LinkedIn page

Mark has written and lectured in Canada and abroad on issues relating to privacy, copyright, entertainment law, technology and the Internet. He is the author of "Privacy Law in Canada," a chapter of the U.S. publication Proskauer on Privacy, and a co-author of The Cyberspace is Not a "No Law Land," the landmark 1997 study commissioned by Industry Canada on liability on the Internet.

Qualification and Professional Activities

Mark is a certified by the Law Society of Upper Canada Specialist in both Civil Litigation (since 1994) and Intellectual Property (since 2005). He has been ranked in The Canadian Legal Lexpert Directory, The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, and for several years has been listed in the International Who's Who of Internet and E-commerce Lawyers.

Mark has had an active role in several professional organizations. He is a long time member of both Canadian Information Technology Law Association (IT.Can) and the Information Technology Law Association (iTechLaw).

Chair, Ontario Bar Association, Privacy Section (2004 -2007)
Member, Ontario Bar Association, Privacy Section Executive (2001 - 2009)
Member, Canadian Bar Association Privacy Section Executive (2004 – 2007, 2009-2010)
International Editor, “E-commerce Law” (U.S.) (2000 - 2005)
Advisory Board, “Internet and E-commerce Law in Canada” (2000 - 2009)
Editorial Board, “Cyberspace Lawyer” (U.S.) (1996 - 2009)

Publications

Treatises

"Privacy Law in Canada," in “Proskauer on Privacy”, Practicing Law Institute, 2006

“Memorandum Concerning The Implementation In Canada Of Articles 11 And 18 Of The WIPO Treaties Regarding The Unauthorized Circumvention Of Technological Measures Used In Connection With The Exercise Of A Copyright Right”, Consultation Document prepared for Industry Canada, March 2000, http://www.ic.gc.ca/eic/site/ippd-dppi.nsf/vwapj/ogilvyrenault_e.pdf/$FILE/ogilvyrenault_e.pdf

“Internet Copyright Liability”, in “The Cyberspace is not a ‘No-Law’ Land”, Industry Canada, 1997

Selected Papers and Articles

"User-generated content - an uneasy fit with copyright law ", The Lawyers Weekly, May 2, 2008.

"Privacy Breaches in Canada - Some Legal and Practical Considerations", presented at the Privacy Compliance - Practical Solutions for Meeting Your Obligations Conference, The Canadian Institute, Toronto, Ontario, May 30-31, 2007.

"Safeguarding Private Information: What Is The Standard?", presented at The Intensive Course in Privacy and Data Security, Osgoode Hall, Toronto, Ontario, January 22-23, 2007.

"The Impact of Privacy on Intellectual Property in Canada", Intellectual Property Journal, Vol. 20, No. 1, P. 67, December 2006.

"Responsibility For Security Breaches: Towards A Workable Standard", Presented at 7th Annual Privacy and Security Workshop, University of Toronto, November 3, 2006.

Co-author - "Summary of PIPEDA Review Discussion Paper", Blakes Bulletin on Privacy Law, August 2006.

"Privacy and Copyright — An Increasingly Volatile Mixture", Blakes Bulletin on Privacy Law, August 2006.

"Keeping Your Secrets Secret", Counsel to Counsel, Martindale-Hubbell, P. 3, July 2006.

"Not Widely Distributed: The Impact of Privacy on Intellectual Property in North America", Presented at FICPI World Congress, Paris, France, May 22-26, 2006.

Co-author - "Ex Parte Redux — Justice Hughes Revisits Without Notice Injunctions in Copyright Cases", Blakes Bulletin on Intellectual Property - Special Copyright Issue, May 2006; also published in Internet and E-Commerce Law in Canada, Vol. 7, No. 3, May 2006.

"Privacy in Business Transactions", presented at Mergers and Acquisitions, Osgoode Hall Law School, Toronto, Ontario, April 3-4, 2006.

"Electronic Commerce and Payment Cards: Legal and Regulatory Issues", presented at Payment Card Compliance in Canada, The Canadian Institute, Toronto, Ontario, February 17, 2006.

Recent Speaking Engagements

Date	Topic	Conference and Venue
April 20, 2010	Social Networking Websites: Challenges for the Workplace	Law Society of Upper Canada
December 2, 2009	The Copyright Board of Canada: Bridging Law and Economics for 20 Years	ALAI and The Copyright Board of Canada 20th Anniversary, Montreal, Quebec
November 24, 2009	Strategies and Best Practices : "All About the Developing Tort of Invasion of Privacy"	Employment Law for the General Practitioner, Law Society of Upper Canada
October 9, 2009	Copyright Webinar	Intellectual Property Institute of Canada, Ottawa, Ontario
October 6 - 7, 2009	"Privacy and Disclosure Minefields in Social Media: Identifying and Overcoming the Key Issues and Challenges"	Managing Social Media, The Canadian Institute, Toronto, Ontario
August 10 - 12, 2009	The Business of Copyright - Track II	Intellectual Property Institute of Canada/McGill University, Montreal, Quebec
June 8, 2009	Privacy Breaches – The Private Sector Perspective	Hot Issues in Privacy Law, Ontario Bar Association, Toronto, Ontario
June 4, 2009	Some 2009 Copyright Issues	Association of Law Officers of the Crown (Ontario) Annual Convention, Toronto, Ontario
May 12 – 16, 2009	Moderator, “New Technologies and Other Hot Issues II”, http://www.itechlaw.org/seattle2009/mhayes.html	iTechLaw Annual Convention, Seattle, Washington
April 30 – May1, 2009	Privacy Breaches in Canada – Some Legal and Practical Considerations	IT.CAN – 9th Annual IT Spring Training, Toronto, Ontario
February 2-4, 2009	Leveraging Jurisdictional Differences in Cross-Border Copyright Litigation	Ontario Bar Association Annual Institute, Toronto, Ontario
November 17 & 18, 2008	Privacy Breaches – The Private Sector Perspective	Personal Information Protection Conference, Alberta Privacy Commissioner’s Office, Calgary, Alberta
November 2-4, 2008	CAB Copyright Update	Canadian Association of Broadcasters Annual Convention, Ottawa, Ontario
August 13, 2008	Internet Copyright	Intellectual Property Institute of Canada/McGill University Intensive Intellectual Property Program, Montreal, Quebec
March 31 and April 1, 2008	User Generated Content and Copyright	Risk Management on the Internet, Canadian Institute, Ontario
March 10 & 11, 2008	Privacy Online: Who Owns Your Face?	9th Annual TIP Group Conference, IP Rights in Virtual Space: 20th Century Law, 21st Century Rights, University of Toronto, Toronto, Ontario
March 6, 2008	Some Basic Issues in Privacy and Copyright for Marketing and Fundraising Professionals	MaRS Discovery District, Toronto, Ontario
February 7 & 8, 2008	User Generated Content and Copyright	ITechLaw Annual Asian Conference, Mumbai, India
January 16, 2008	Curiouser and Curiouser: Online Copyright Developments 2008	Information Technology Association of Canada, Toronto, Ontario
November 21 & 22, 2007	Safeguarding Private Information: What is the Standard?	The Legal and Business Guide to Privacy and Data Security, Osgoode Hall Law School, Toronto, Ontario
November 4-6, 2007	Copyright Panel	Canadian Association of Broadcasters Annual Convention, Ottawa, Ontario
November 2 & 3, 2007	Some Copyright Issues For Media	National Media Law Conference, AD IDEM/Canadian Media Lawyers Association, Toronto, Ontario
May 30 & 31, 2007	Privacy Breaches in Canada - Some Legal and Practical Considerations	Privacy Compliance – Practical Solutions for Meeting Your Obligations, The Canadian Institute, Toronto, Ontario
May 1, 2007	Copyright Reform - Where Are We and Where Are We Going?	E-Commerce and Telecommunications Committee, Canadian Chamber of Commerce, Ottawa, Ontario
February 6, 2007	Privacy and Litigation: Some Issues You Need To Know About	Data Breaches and Identity Theft – The Quintessential Privacy Dilemma, Ontario Bar Association, Toronto, Ontario
January 30 & 31, 2007	Privacy and E-Documents: What You Need To Know”	2nd Annual E-Document Management & Discovery, The Canadian Institute, Toronto, Ontario
January 22 & 23, 2007	Safeguarding Private Information: What Is The Standard?	The Intensive Course in Privacy and Data Security, Osgoode Hall Law School, Toronto, Ontario
November 9, 2006	The Privacy Potpourri – Ten Questions We Get All The Time	Ontario Bar Association Privacy Summit, Toronto, Ontario
November 3, 2007	Responsibility For Security Breaches: Towards A Workable Standard, www.cacr.math.uwaterloo.ca/conferences/2006/psw/Hayes.ppt	7th Annual Privacy and Security Workshop, University of Toronto
October 26 – 27, 2006	PIPEDA and the Three Provincial Private Sector Personal Information Protection Statutes - A Privacy Fairy Tale	10th Annual Canadian IT Law Association Conference, Toronto, Ontario
June 8, 2006	Recent Canadian Legal Developments”	Hot Topics in Privacy Law, Ontario Bar Association, Toronto, Ontario
May 22 – 26, 2006	Not Widely Distributed: The Impact of Privacy on Intellectual Property in North America	FICPI World Congress, Paris, France
May 11 – 12, 2006	Overcoming the Unique Privacy Challenges Posed by the Internet	Privacy Compliance, The Canadian Institute, Toronto, Ontario
April 3 and 4, 2006	Privacy in Business Transactions	Intensive Mergers and Acquisitions, Osgoode Hall Law School, Toronto, Ontario
February 17, 2006	Payment Cards and E-Commerce	Payment Card Compliance in Canada, The Canadian Institute
January 23, 2006	A Very Brief Review Of 2005 Canadian Private Sector Privacy Decisions	Privacy Essentials - Tips, Traps and Hot Issues, Ontario Bar Association Institute
December 5-6, 2005	Copyright Licences – A Primer	Negotiating and Drafting Intellectual Property License Agreements, The Canadian Institute, Toronto, Ontario
December 5, 2005	Expert Witnesses and Survey and Statistical Evidence	Osgoode Hall Law School
November 6-8, 2005	Moderator, “The Future Summit”	Canadian Association of Broadcasters Annual Convention, Winnipeg, Manitoba
October 27-28, 2005	Bill C-60 and Technological Protection Measures	9th Annual Canadian IT Law Association Conference, Montreal, Quebec
October 25, 2005	C-60, Collectives, Multimedia and the Internet	Bill C-60 and Copyright Reform in Canada, Osgoode Hall Law School, Toronto, Ontario
October 5, 2005	Privacy for Advertising Professionals	Internet Advertising Bureau, Toronto, Ontario
September 28-29, 2005	Cyber Security For Government: Reconciling The Conflicting Demands Of Privacy On Online Security	The Canadian Institute, Ottawa, Ontario
February 3, 2005	Privacy – Hot Issues for Business Lawyers and Litigators	Ontario Bar Association Institute 2005, Toronto, Ontario
February 3, 2005	The Ontario Personal Health Information Protection Act – How Does It Look So Far?	Ontario Bar Association Institute 2005, Toronto, Ontario

Recent Media Appearances

Interviewed – “Regulators Go After Google”, interviewed by Kim Parlee and Andrew Bell for BNN - SqueezePlay, aired April 20, 2010
Quoted – “Canada to Place New Tax on MP3 Players?”, Article by Alex Hudson, exclaim.ca, March 12, 2010
Quoted – “Charlie Angus set to Propose Canadian MP3 Player Levy”, Article by Robert Thompson, Billboard.biz, March 12, 2010
Quoted – “Blogger battles: Does it make sense to fight back?”, Article by Maria Cootauco, IT in Canada, September 9, 2009.

Quoted - "Spam bill a ‘bit of a Frankenstein’s monster’", Article by Glenn Kauth, Law Times, June 8, 2009.

Featured - "Big-firm model pitfalls drive Hayes off Bay Street”, Article by Robert Todd, Law Times, June 8, 2009.

“Heavy Hitter, Lower Cost”, Globe & Mail, April 22, 2009.

Quoted - "Kent files second suit against War", Article by Matt Hartley, The Globe & Mail, July 2, 2008.
Quoted - "All Quiet on the Law Firm Front ", Article by Jennifer Allen, The Globe & Mail, July 2, 2008.
Quoted - "Copyright Act Gets Overdue Update", Article by Arnold Ceballos, The Lawyers Weekly, June 27, 2008.
Quoted - "Copyright Act amendments could unduly restrict", Article by Robert Todd, Law Times, June 23, 2008.
Quoted - "Super-bucks for Creators", Article by Raju Mudhar, The Toronto Star, April 13, 2008.
Quoted - "Canadians Losing Out With Digital Media", Article by Vawn Himmeslbach, Canadian Lawyer InHouse, Vol. 2, Issue 6, December 2007.
Cited - "re: Weinstein & Gavino Fabrique et bar à pâtes compagnie ltée v. Québec (Sous-ministre du Revenu) ", Decision of Mr. Justice Mark G. Peacock, J.S.C., December 19, 2007, 2007 QCCS 6339
Quoted - "Canada Develops Guide to Help Stop Data Leaks", Article by Gloria Gonzalez, Business Insurance, August 27, 2007.
Quoted - "Update: TJX Says Data Breach Worse Than Previously Believed", Article by Jaikumar Vijayan, Computerworld, February 22, 2007.
Quoted - "Data Breaches Leading To Class Actions", Article by Helen Burnett, Law Times, P. 5, February 12, 2007.
Quoted - "Policing the New Digital Borders", Article by Julius Melnitzer, P. 109, Lexpert, November/December 2006.
Interviewed - "Law Firms Rapped for Credit Check Activity", Article by Helen Burnett, Law Times, October 2, 2006.
Interviewed - "Outsourcing Legal Work Raises Privacy Concerns", Article by Helen Burnett, Law Times, September 11, 2006.
Interviewed - "Privacy and Employer Electronic Surveillance", Interviewed by Melissa Fung for CBC The National; aired July 10, 2006.
Interviewed - "Privacy and Employer Electronic Surveillance", Interviewed by Frank Koller for CBC National Radio, The World at Six; aired July 10, 2006.
Quoted - "Mobile TV Avoids Regulation", Article by Etan Viessing, Playback, May 1, 2006.
Interviewed - "CRTC to Keep Hands off Mobile Video", Article by Mark Evans, Financial Post, April 13, 2006.
Interviewed - "Tricks of the Trademark", Article by Kevin Restivo, Financial Post, January 6, 2006.