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]

How To Create a Binding Terms of Service for a Website or App

Date of Currency: November 15, 2020 Agreeing to terms of service is as simple as clicking a button, right? In fact, things aren’t as simple as they may seem. A recent United States case, Snow v. Eventbrite, serves as an important reminder that a terms of service can be found unenforceable if not implemented correctly [...]

By |2021-04-26T06:46:11-07:00November 19th, 2020|Blog, Technology Law|

BC Transparency Register

New Requirements for BC Private Companies Effective May 1, 2020, private companies in British Columbia will be legally required to keep and maintain a transparency register containing information about “Significant Individuals”. In summary, Significant Individuals are individuals who have direct or indirect control of a private company or a significant number of its shares. Significant [...]

How to Make Money As An Open Source Software Developer

Did you know that it is possible to make money as a developer of open source software? Many software developers are unaware that money can be made with open source licensing. The conventional wisdom is that open source licensing precludes profit making. Thankfully, it turns out this is incorrect. It is quite possible to make [...]

By |2020-08-04T07:56:51-07:00January 7th, 2020|Blog, Technology Law|

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 |2020-02-14T08:26:03-08:00November 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 |2020-12-15T06:35:25-08:00December 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

It’s not uncommon these days for employees to have side businesses – or side hustles – in addition to their 9 to 5 employment. After all, who wouldn’t want a second stream of income? But where that side hustle involves the creation and commercialization of intellectual property, there is a risk that the employee’s use [...]

By |2021-05-05T06:25:45-07:00September 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 |2020-10-13T08:13:31-07:00July 28th, 2017|Commercial Law, Intellectual Property, Technology Law|

Proactively Protecting Your Intellectual Property: Copyrights

You’ve probably heard that protecting your intellectual property is important. This is good advice. But just what is intellectual property? Why is it so important to protect? And how does one proactively protect it? If you have ever asked any of these questions, you’re reading the right blog post. What Is Intellectual Property? If you [...]

By |2020-06-16T07:19:54-07:00February 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 |2020-03-20T09:44:35-07:00January 20th, 2017|Employment Law|
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