Mark Warner Interviewed on Canada’s Challenge in Lifting Economic Sanctions Against Iran

Mark Warner Interviewed on Canada’s Challenge in Lifting Economic Sanctions Against Iran

Mark Warner is quoted in this Canadian Bar Association National Magazine  article on Canada’s challenge in lifting economic sanctions against Iran. (February 4, 2016) Mark is a former Legal Director of the Ontario Ministry of Economic Development & Trade and has worked on trade and competition issues as counsel in the OECD Trade Directorate. He advises on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas. Mark has also participated in an international arbitration relating to the expropriation of the assets of a U.S.-based oil company in Libya and related issues under applicable sanctions and foreign asset control rules.

Mark Warner Comments on Innovation Myths and Trade Realities in the TPP Ratification Debate in Canada

Mark Warner authors a blog for Huffington Post Canada on innovation myths and trade realities in the ongoing Trans-Pacific Partnership Agreement (TPP) ratification debate in Canada. (February 2, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and Ministry of Research & Innovation and participated in the Canada-European Union Trade Agreement (CETA) negotiations . Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner Interviewed about Legalizing Marijuana and Canada’s International Legal Commitments

Mark Warner is quoted in this Canadian Bar Association National Magazine  article on Legalizing Marijuana and Canada’s International Legal Commitments. (January 22, 2016) Mark is a former Acting Legal Director of the Ontario Ministry of Consumer Services which provided oversight to the Alcohol and Gaming Commission of Ontario (AGCO) and the Vintners Quality Alliance Ontario (VQA) and as Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations, including with respect to trade in alcoholic beverages and Monopolies and State Enterprises. Earlier in his career, Mark worked on trade and competition issues as counsel in the OECD Trade Directorate. He also worked with the legendary American public international lawyer, Keith Highet on the Spain v. Canada (Fisheries Jurisdiction) World Court case and served as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner Interviewed by CBC About the Role of Investor-State Disputes in Delaying the Ratification of the Canada-EU Trade Agreement

Mark Warner is quoted in this CBC article on the delay in ratification of the Canada-European Union Trade Agreement (CETA) and the potential renegotiation of the investor-state dispute settlement provisions at the request of the EU. (January 21, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the CETA negotiations, advised on several NAFTA Chapter 11 Investor-State Arbitrations and led the Province’s legal team for the insolvency / restructuring of GM and Chrysler. Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner Participated in Canadian Competition Bureau Workshop on Disruptive Competition

Mark Warner was invited to participate in the Canadian Competition Bureau Workshop on emerging competition issues in Ottawa on January 19th. The workshop featured speakers from business, academia, the legal community, and government, both domestic and international. Participants discussed disruptive new business models, the implications for competition policy, and how best to incorporate non-price effects into competition assessment.

Mark chaired an Insight Research Canadian Sharing Economy Symposium in Toronto on December 2nd. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner Featured in American Bar Foundation Fellows Spotlight

Mark Warner was recently featured in an American Bar Foundation Fellows Spotlight. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. Selection as a Fellow of the American Bar Foundation is recognition of a lawyer whose career has demonstrated extraordinary leadership in the profession, service to society, and commitment to the ideals and objectives of the American Bar Association. Membership in The Fellows is limited to less than one percent of lawyers licensed to practice in each jurisdiction of the United States and to a small percentage of international lawyers. Past Fellows include: Justice Ginsburg, Justice Breyer, Attorney General Eric Holder, Hillary Clinton, Kenneth Feinberg and Scott Turow.

Mark Warner Interviewed About the Increasing Interface Between Big Business and the Sharing Economy on CBC Radio

AUDIO: Mark Warner was interviewed on CBC Metro Morning in Toronto by host Matt Galloway about the increasing interface between Big Business and the Sharing Economy. (January 8, 2015)

Mark recently chaired an Insight Research Canadian Sharing Economy Symposium in Toronto on December 2nd. The morning sessions focused on: understanding the Sharing Economy; Trust, Licensing and reputation; and Competition, Consumer Protection and Regulation. The afternoon sessions focused on: Labour; Insurance; Taxation; and Municipal Planning and By-law issues. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner Quoted in Reuters Article on Odds Facing TransCanada’s Legal Challenges Over Keystone pipeline

Mark Warner quoted in Reuters article on odds facing TransCanada’s NAFTA Chapter 11 investor-state claim & constitutional claims filed against the United States Government. (January 7, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised on various NAFTA Chapter 11 investor-state arbitration cases involving Ontario . Mr. Warner has advised governments on trade and investment policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner Interviewed on BNN on TransCanada’s NAFTA & Constitutional Claims Against the United States Government

VIDEO Mark Warner interviewed on BNN about TransCanada’s NAFTA Chapter 11 investor-state claim & constitutional claims filed against the United States Government. (January 7, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised on various NAFTA Chapter 11 investor-state arbitration cases involving Ontario . Mr. Warner has advised governments on trade and investment policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner: 2015 Year in Review – Personal Reflections on a Year of Innovation, Competition, Trade and Compliance

I published this 2015 Year in Review – Personal Reflections on LinkedIn:

As another year comes to a close, I thought I would reflect on some of the more interesting places that my practice took me to this year. The year began with an unexpected honour – being elected as a Fellow of the American Bar Foundation, and later in June I traveled to London to attend a Fellows celebration of Magna Carta, which remains such an important foundation stone for law and lawyers.

Every once in a while a client file comes along that similarly sends me back to the first principles in the areas of law in which I practice. In 2015, for me one such moment came in advising a maverick polling firm. My client believed itself to be facing an existential challenge from a dominant firm competitor leading the charge to form a trade association to establish rules with the express aim of disciplining the polling methods of rivals against the backdrop of the most intense and hard fought Canadian election in a generation. It has become an axiom of antitrust / competition law that the goal is “to protect competitors, not competition” however in some fast-moving markets, it is clear that the failure to act  to preserve the “rules of the road” or a “level playing field” can yield unintended consequences.

Innovation and change also figured prominently in two conferences that I participated in this year. In June, I attended a stimulating Federal Trade Commission Workshop on The “Sharing” Economy: Issues Facing Platforms, Participants, and Regulators. This gave me the idea to partner with Insight Information to hold a first of its kind Canadian Sharing Economy Symposium in Toronto that would peel back the onion to take a detailed look at competition, consumer protection, labour, taxation, insurance and municipal planning issues at the heart of understanding and resolving the tensions created by the new markets and modes of competition created by this new “gig” or technology-enabled “on demand” economy.

Challenges to markets not only come from within, but also from outside. In 2015, I was called upon frequently to discuss trade and investment issues, most notably in relation to the negotiation and conclusion of the Trans-Pacific Partnership (“TPP”) Agreement. I was interviewed on television on BNN, CTV, CBC and CPAC, and on radio on AM980 CFPL,  quoted in articles in the Ottawa Citizen, the Toronto Sun (and Sputnik News) and published a much-read Huffington Post blog and two Op Eds in the Toronto Sun on the TPP.

Just as businesses are beginning to evaluate the threats and opportunities posed by new technologies and new trading frameworks, they also need to be aware of emerging regulatory convergence and enforcement cooperation in areas such as antitrust / competition law but also other forms of so-called “white collar” crime such as money laundering, bribery and corruption. The importance of appropriate compliance programs was underscored by my invitation to give a speech in Sao Paulo, Brazil on competition, corruption and corporate governance in the midst of the Petrobras and Lavalin scandals engulfing Brazilian and Canadian “national champions”.  I also participated on a panel on educating business leaders for integrity at a conference at York University’s Schulich School of Business sponsored by the Canadian Business Ethnics Research Network.

One industry with which I have long been affiliated that is at the forefront of all the issues of innovation, international convergence, compliance and governance is the pharmaceutical industry. So not surprisingly it came up often in my discussion and advice relating to the TPP. In April, I also traveled to Rutgers School of Law to give a talk on competition, trade & investment issues affecting the pharmaceutical industry.

The theme of investment figured prominently in two other 2015 events that I participated in. In November I was invited to lecture at the Ivey Business School at Western University on business, government & globalization issues in investor-state dispute settlement, prosecution of foreign bribery & corruption and corporate social responsibility and foreign affiliate liability. I also returned to Panama to participate in a conference to address global tax initiatives affecting trade and investment in services in panama. My role was to try to make sense of the WTO panel decision on a case brought by Panama on countermeasures by Argentina on services and service suppliers from jurisdictions that do not exchange information for the purposes of fiscal transparency.

2015 was a fun and interesting year, and in 2016 I look forward continuing to work on cutting-edge issues of innovation, competition, investment and trade giving advice to businesses and trade associations on compliance, governance and transactions and to governments on legislative and regulatory design.

And so let me take this opportunity to offer all of you, my best wishes for a safe Holiday Season and a prosperous new year!

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