About David McHugh

David is a business, employment, and technology lawyer who helps clients identify and minimize risk and maximize success. David can be reached at 604-629-5401 or [email protected]

What Businesses Need to Know About Their Legal Obligations When Outsourcing Data Processing to Third-Party Service Providers

Did you know that Canadian businesses have legal obligations under Canada’s federal privacy law, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), when they engage third-parties to process personal data? By now, Canadian businesses should be aware of their mandatory data breach reporting obligations under PIPEDA. In short, those obligations require Canadian businesses to: [...]

By |2019-11-15T12:12:52-08:00November 14th, 2019|Blog, Privacy Law|

New Mandatory Data Breach Obligations Under Canada’s Privacy Law

Canada’s federal privacy law the Personal Information Protection and Electronic Documents Act, or PIPEDA for short, just got an upgrade. Effective November 1, 2018, organizations regulated under PIPEDA have mandatory reporting obligations if they experience a security breach involving personal information. Failure to comply with the reporting obligations can result in fines of up to [...]

By |2019-07-11T13:27:47-07:00December 4th, 2018|Privacy Law|

Changes to Canada’s Trademarks Act

In June 2014, major amendments were passed to Canada’s Trademarks Act (the “Act”). After having been postponed several times, the implementation date of these changes was set for June 17, 2019. One of the most significant updates to the Act is the elimination of the prior “use” requirement for registration of a trademark. With the [...]

By |2019-10-30T17:24:15-07:00November 21st, 2018|Intellectual Property|

What Every Employee With a Side Hustle Should Know About Copyright Ownership

The following article is provided for informational purposes only and is not a substitute for qualified legal advice. By reading this article, you understand and agree that there is no solicitor-client relationship between you and the author of this article. It’s not uncommon these days for employees to have side businesses – or side hustles [...]

By |2019-07-18T17:03:41-07:00September 11th, 2017|Blog, Commercial Law, Employment Law, Intellectual Property|

What Software Developers (And Their Clients) Should Know Before Signing a Software Development Agreement

When a software developer is retained by a client to develop new software, careful attention should be given to the allocation of intellectual property rights in the soon to be created software. Generally speaking, there are two ways that the intellectual property rights in the software can be dealt with. The first option is to [...]

By |2019-07-18T17:18:21-07:00July 28th, 2017|Commercial Law, Intellectual Property, Technology Law|

Proactively Protecting Your Intellectual Property: Copyrights

Canadian law changes frequently. To the extent there are changes in the law, the information in this blog post may no longer be accurate. This blog post does not create a lawyer-client relationship. Content provided herein is for informational purposes only and should not be relied upon as legal advice. Proactively Protecting Your Intellectual Property: [...]

By |2019-11-05T08:22:39-08:00February 28th, 2017|Blog, Commercial Law, Intellectual Property, Technology Law|

Is Your Contractor Actually a Contractor?

Canadian law changes frequently. To the extent there are changes in the law, the information in this blog post may no longer be accurate. This blog post does not create a lawyer-client relationship. Content provided herein is for informational purposes only and should not be relied upon as legal advice. There is a trend among [...]

By |2017-09-15T11:24:02-07:00January 20th, 2017|Employment Law|

Non-Competition Clauses and Tech Employees

Non-Competition Clauses and Tech Employees Recently a good friend of the firm, Sabaa Quao, President and Founder of /newsrooms,  tweeted us a great question: https://twitter.com/xsabaa/status/723615702628728832 Thanks for the question, Sabaa! Non-competition clauses can arise in a number of different contexts and whether the clause is enforceable often depends in part upon the context in which [...]

By |2019-04-05T14:39:48-07:00April 22nd, 2016|Uncategorised|

Protecting a Business Name

Protecting a Business Name This blog post is not legal advice and is for general informational purposes only. Always speak with a lawyer before acting on any of the information contained herein. Picking a business name is often one of the first steps an entrepreneur takes when planning to form a new business. Among many [...]

By |2019-11-05T08:25:22-08:00January 6th, 2016|Blog, Corporate Law|

Dismissing (aka Firing) an Employee for Cause is Harder than Often Thought

Dismissing (aka Firing) an Employee for Cause is Harder than Often Thought This blog post is not legal advice and is for general informational purposes only. Always speak with a lawyer before acting on any of the information contained herein. Sometimes the misconduct, incompetence, or disobedience of an employee entitles an employer to fire the [...]

By |2016-01-04T11:17:05-08:00January 4th, 2016|Employment Law, Uncategorised|