Lang Michener LLP

Lang Michener has been a leader in Canada’s legal profession for more than 80 years. Their national firm has 200-plus dynamic professionals who provide effective, innovative solutions to Canadian and international clients. They have played a major role in shaping Canada’s economic and political institutions, and understand the competitive global needs of our country’s leading companies and industries. With commitments to excellence, service and value in all that they do, Lang Michener is dedicated to helping all of their clients achieve their business and personal goals.

David Young

Office: Toronto

Brookfield Place

181 Bay Street, Suite 2500

Toronto, ON, M5J 2T7

Telephone: (416) 307-4118

Fax:  (416) 365-1719

Email: dyoung@langmichener.ca

Web site: www.langmichener.ca

April 2007  Interview with David Young on Breach Notification

What's New

Update on Lang Michener's Privacy Practice [pdf]

Recent Articles/Paper:

Regulation Of The Security Of Electronic Records - http://www.langmichener.ca/layouts/39/graphics/DYoung_EHR%20Paper_Lang%20Michener.pdf [pdf]

Creating a Privacy Culture in Health - Implications for the Practical Professional - http://www.langmichener.ca/uploads/content/Privacy%20Culture%20in%20Health_Young%20040507.pdf [pdf]

Education

• Call to Bar, Ontario, 1977
• LL.B., Osgoode Hall Law School, 1975
• B.A. (Hons.), McGill University, 1969

Professional Activities

• Partner as of 1982.
• Co-Chair of the firm’s Privacy Law Group, Head of its e-Commerce Practice Group and a member of its Competition and Marketing Law Group.
• Practices commercial law with an emphasis on matters, marketing, privacy and e-commerce law.

Major Publications

• Canadian Advertising and Marketing Law, Carswell-Thomson Professional Publishing (Co-Author).
• Advertising Services Agreement - Commentary and Model Agreement (2nd Edition), Association of Canadian Advertisers.

Special Designations

• Chair of the National Privacy and Access Law Section of the Canadian Bar Association (CBA)
• Listed in The Best Lawyers in Canada 2008, as a leader in Advertising and Marketing Law.
• Recognized in The Canadian Legal Lexpert Directory 2007, as a leading practitioner in Advertising.
• Listed in the Guide to the Leading 500 Lawyers in Canada, American Lawyer Media/Lexpert Publishing 1999, 2000, 2001, 2002 and 2003.
• Recommended as a prominent practitioner in the PLCCross-border Life Sciences Handbook 2007/2008.

Seminars and Speaking Engagements

Mr. Young has given many seminar presentations on marketing, privacy and other regulatory law matters at conferences and meetings sponsored by the Canadian Bar Association, by professional organizations and by clients of the firm.  His topics since 2000 have included:

• "Lawful Disclosure and Effective Strategies for Handling Requests for Access" (Speaker, The Canadian Institute's Privacy Compliance: Practical Solutions for Meeting Your Obligations and Challenges: May 30-31, 2007); click here to view the presentation.
• "Mitigating and Recovering from Privacy Theft" (Speaker, Infonex: Critical Emergency Response for Corporate Networks Conference "Preparing for the Worst, Protecting Your Systems, and Ensuring the Survivability of Your Business" - Toronto, ON - May 15 - 16, 2007)
• "Creating a Privacy Culture in Health: Implications for the Practical Professional" (Presented jointly with Ken Anderson, Assistant Commissioner (Privacy) Ontario as part of the Ethics at Ryerson Speaker Series, March 1, 2007); click here to view the video webcast.
• "Deciphering the E-Document Requirements Under the Consumer Protection Law" (Speaker at the Canadian Institute's 2nd Annual Conference on E-Document Management & Discovery, January 31, 2007) [unpublished].
• "Privacy in the Context of Document Management/Retention: What are your Legal Obligations?" (Speaker at the Canadian Institute Conference, E-Document Management and Discovery, January 31, 2006) [unpublished].
• "Cost of Credit Disclosure: Implications for Credit Card Issuers" (Co-chair and Speaker at Insight Conference, Ontario's New Consumer Protection Act, 5-6 December 2005) [unpublished].
• "Demystifying Employee Privacy." (Co-Chair and Speaker at the Privacy Seminar, Lang Michener, Toronto, 20 October 2004) [unpublished].
• "Call Centre Management." (Panelist at the Canadian Marketing Association 2nd Annual Privacy Conference, 23 September  2004) [unpublished].
• "Canadian Privacy Policies " A Status Report." (Speaker at the Treasury Management Association of Canada 22nd Annual Conference, 26-28 September 2004) [unpublished].
• "Employee Privacy Conference." (Speaker at Nymity Inc., 17 May 2004) [unpublished].
• "Privacy for the Business Lawyer." (Speaker at the Ontario Bar Association, 19 April 2004) [unpublished].
• "Privacy Policies for CCAC's " Issues and Approaches." (Speaker at the OACCAC Privacy Education Day, 25 March 2004) [unpublished].
• "New Privacy Laws: Are You Ready?" (Co-Chair and Speaker at the Privacy Seminar, Lang Michener, Toronto, 28 October 2003) [unpublished].
• "How the Privacy Legislation Will Impact the P&C Companies." (Speaker at the Canadian Insurance Accountants Association, 13 May 2003) [unpublished].
• "The Absolute Very Latest Up to the Minute. Workshop, News, Tips and Strategies in Privacy Law and Compliance." (Address to the Ontario Bar Association, 5 May 2003) [unpublished].
• "Financial Services Privacy Summit." (Session Chair and Speaker at the Federated Press Conference, 30 April 2003) [unpublished].
• "New Legal Requirements for Internet Advertising." (Speaker at the Fourth Annual Internet Law Conference, Insight Conference, 24 April 2003) [unpublished].
• D.M.W. Young & D. Rowntree, "Getting Practical with Privacy." (Speaker at the Treasury Management Association of Canada , Toronto Chapter, 17 April 2003) [unpublished].
• "Privacy Laws & Effective Workplace Investigations." (Speaker at the Insight Conference, 30 January 2003) [unpublished].
• "Advertising & Marketing Law " Advertising to Children and Teenagers in the New Economy." (Speaker at The Canadian Institute 9th Annual Marketing Law Conference, 30 January 2003) [unpublished].
• "Privacy Policies Under the New Canadian Law." (Speaker at the Privacy Compliance Workshop, Ontario Bar Association, 20 November 2002) [unpublished].
• "Fundamentals of Financial Institutions Regulations." (Speaker at The Canadian Institute, 11 June 2002) [unpublished].
• "Evolving Privacy Requirements." (Address to The Five O'clock Lecture Series, Lang Michener, Toronto, 13 March 2002) [unpublished].
• "Privacy Law in Ontario." (Speaker at the Insight Conference, 28 February & 1 March 2002) [unpublished].
• "The Impact of Evolving Privacy Legislation on Marketing Your Products." (Speaker at the Fourth Annual Advertising and Marketing Law, Insight Information Co., 18-19 February 2002) [unpublished].
• Co-Chair and Speaker, "It's a Private Matter: Strategies for Dealing with the New Privacy Law," Lang Michener and Association of Canadian Advertisers Seminar, Toronto, November 27, 2001) [unpublished].
• "Internet Law - Emerging On-line Trends and Legal Implications." (Speaker at the Insight Conference, 25 September 2001) [unpublished].
• "Advertising to Children - New Issues in the New Economy." (Speaker at the Misleading Advertising session, The Canadian Bar Association Annual Fall Conference on Competition Law, Ottawa, 21 September 2001) [unpublished].
• "Update on Advertising to Children." (Speaker at the Canadian Institute 7th Annual Conference on Advertising and Marketing Law, Toronto, 25 May 2001) [unpublished].
• "Privacy in the New Media (U.S. and Canadian Perspectives." (Panelist at the Broadcast Cable Financial Management Association's 41st Annual Conference, Toronto, 21 May 2001) [unpublished].
• "Web Site Issues." (Presenter at The Five O'clock Lecture Series: "IT & Internet Law - What's It All About?", Lang Michener, Toronto, 29 January 2001) [unpublished].
  

Teaching Engagements

Former Instructor (Business Law Section) - Law Society of Upper Canada Bar Admission Course.

Memberships

Canadian Bar Association:

• Chair, National Privacy and Access Law Section 
• Past Chair, National Business Law Section
• Member, Marketing Practices Committee, Competition Law Section

Ontario Bar Association:

• Past Chair, Business Law Section and Chair, Consumer Committee, Business Law Section
• Member, Information Technology and Electronic Commerce Section
• Member, Media and Communications Law Section

Canadian Marketing Association

Promotion Marketing Association, Inc.

Representative Work

• Advises on regulatory compliance matters including corporate policies, internal audits, enforcement actions, product compliance and compliance procedures.
• Advises on privacy law matters including employee privacy, security, compliance procedures and documentation, information audits, privacy policies, consent documentation, organizational procedures and practices, compliance procedures, access to information and regulatory matters.
• Advises on advertising, marketing and distribution  law matters, including: agency contracts; distribution, franchising and other commercial relationships; advertising reviews; promotions; food, drug, cosmetics, medical devices; advertising of alcoholic beverages; product liability and product warranties; misleading advertising litigation; trade disputes before Advertising Standards Canada.
• Advises on e-commerce matters, including: transactions and contracting; web site development; online advertising and marketing issues; security of transactions and privacy issues; consumer protection issues; intellectual property rights; jurisdiction and multi-national law issues. 
• Participated in submissions to Industry Canada respecting the 2006 Review of the Personal Information Protection and Electronic Documents Act and respecting amendments to the Competition Act.
• Participated in submissions to the Ontario Ministry of Consumer and Business Services respecting Ontario’s Consumer Protection Act, 2002 and the draft Privacy of Personal Information Act.
  

Publications

• Canadian Advertising and Marketing Law; Carswell - Thomson Professional Publishing, (Co-Author)
• D.M.W. Young,  Creating a Privacy Culture in Health - Implications for the Practical Professional, Telehealth Law, September 2007; (also paper presented as part of the Ethics @ Ryerson Speaker Series 2006/2007: Privacy and Access Issues Across the Professions on March 1, 2007).
• D.M.W. Young, Ontario's New Consumer Protection Act; Advertising & Marketing Brief Fall 2005.
• D.M.W. Young, Privacy Compliance: Another Corporate Governance Issue; InBrief Summer 2005, and a longer version entitled The appeared in Privacy.
• D.M.W. Young, The Privacy Compliance Audit; Privacy Brief Winter 2005 and In Brief Summer 2005.
• D.M.W. Young & Roslyn Baichoo, Limitations on New Privacy Law?;  InBrief Winter 2004 (Co-author).
• D.M.W. Young & David McInnes, New Employee Privacy Laws: A National Perspective; Privacy Brief October 2004 (Co-author).
• D.M.W. Young & Roslyn Baichoo, Recent Ontario Case May Limit Impact of New Privacy Laws; Privacy Brief September 2004 (Co-author).
• D.M.W. Young, Privacy policies under the new Canadian law and comparisons with U.S. Approaches; (Paper presented at the Privacy for the Business Lawyer Ontario Bar Association Seminar, Toronto) (April 19, 2004).
• D.M.W. Young and Daniel Edmondstone,New legal requirements for Internet Advertising; (Paper presented at the Internet Law Conference Insight Information Co., Toronto) (April 24, 2003) (Co-author).
• D.M.W. Young, Key Requirements For Corporate Privacy Policies; Privacy Brief September 2003.
• eBusiness Journal, Legal Affairs columnist (1999-2002).
• D.M.W. Young, J.B. Musgrove & D.G. Edmondstone, The Competition Cops are at the Door: How Best to React when the Worst Happens. (Paper presented at the 3rd Annual Insight Advertising & Marketing Conference, 19-20 February 2001) [unpublished].
• D.M.W. Young & J.B. Musgrove, Developments in Marketing Law for a Borderless World, The Internet and Other Advertising Law Developments-Canada and Elsewhere, [1998] Competition Law for the 21st Century, Chapter Three, Juris Publishing Inc.
• D.M.W. Young,  J. B. Musgrove & D.G. Edmondstone, An Overview of Canadian Competition & Advertising Law, [1998] LEXPERT (Silrun Information Systems Ltd.) and Lang Michener.