overview
Janine MacNeil is a partner in the firm's Competition and Marketing Law Group. Janine's practice includes advising on advertising matters, promotional contests, games and sweepstakes, related privacy matters, compliance with consumer protection legislation, marketing and advertising-related agreements, and packaging and labelling requirements.
In addition, Janine has assisted clients in complying with the Competition Bureau's merger notification regime, in the creation of competition compliance programs, and responding to Competition Bureau cartel and other investigations.
Janine is Past Chair of the Marketing Practices Committee of the Canadian Bar Association's Competition Law Section.
Representative Matters
Janine MacNeil's representative work includes advising some of Canada's largest and most respected companies in the telecommunications, retail, automotive, manufacturing, insurance, mass media and entertainment sectors in the following areas:
- Advertising copy review for all media; food, drug and cosmetic packaging and labeling review; drafting and negotiating co-promotion, talent, licensing and sponsorship agreements; identifying and advising on privacy issues relating to consumer promotions; and compliance in the design, review and execution of contests and promotions.
- Privacy law matters including security, compliance procedures and documentation, information audits, privacy policies, consent documentation, organizational procedures and practices, compliance procedures and regulatory matters.
- Information technology/e-commerce matters, including transaction and contracting; website development; online advertising and marketing issues; security of transaction and privacy issues; consumer protection issues; intellectual property rights; jurisdiction and multi-national law issues.
- Merger matters, including Kraft/Cadbury, West Fraser/Weldwood. Kraft/Nestle, Teck Cominico/Aur Resources, Teck Cominico/Inco, Teck Cominico/Fording, Davis + Henderson/Resolve, Poscor/Triple M, among others.
- Cartel investigations, including Liquid Crystal Display, Cathode Ray Tubes, and Copper Concentrates.
Presentations
Liability Issues Arising from COVID-19, Part 2
Canada's Anti-spam Legislation (CASL) – 2019 Update, 2019 Year in Review: Privacy, Data Protection & Cybersecurity Seminar
Competition Law Recap: Key Takeaways from 2019
When does Aggressive Marketing Cross the Line? Canadian Bar Association Competition Law Fall Conference
Advertising and Marketing Law 2019: Social, Digital, Online Compliance, Ontario Bar Association
Competition Law Recap: Key Takeaways from 2018
Marketing your Cannabis Product, First Mover Advantage: The Legalization of Adult Use Cannabis in Canada
Advertising & Marketing Law: Social, Digital, Online Compliance ‐ Legal Issues for 2018 and Beyond
Advertising and Marketing Law: Made in Canada
Portfolio Management Association of Canada
From Fine Print to Another Fine Mess: Developments in Advertising Law in Canada
Corporate Counseling Committee Monthly Antitrust Update Program December 2016 Developments
Data Storage: Understanding Your Legal and Ethical Obligations
New Anti-Spam Regulations
Canada's Anti-Spam Legislation - Revised Regulations Released. Is Your Organization Ready?
Social Media and Mobile Privacy Issues
Ontario's Consumer Protection Act: Learning from a Decade of Compliance
Impact of Social Media on Regulators: Balancing Privacy and Public Interest in the World of Social Media
Contests, the Internet and…Zombies? The Importance of Awareness, Responsiveness and Legal Compliance in Running Successful Online Contests
Speaker, Preventing WikiLeaks: How to Keep Your Client's Information Private and Data Protected
How to Keep Your Cutting Edge Creative Compliant
Social Media and the Regulator's Dilemma
Information Privacy and Data Protection
The 2009 Competition Act Amendments: Assessing Your Marketing Practices
Ensuring Compliance for Your Privacy Policies: The Latest Developments in Privacy Law
Information Privacy and Data Protection Conference
Staying On-Side: Corporate Compliance Programs
Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing and Loyalty Programs and Abuse of Dominance: Canada Pipe
Cost of Credit Disclosure Issues – Credit Cards: Taking a Swipe at Ontario's New Consumer Protection Act, 2002
The Price Claim is Right (or is it?): How to Factor Pricing Issues Into Your Marketing Practices
Price Claims: Too Good to be True? Separating Fact from Fiction in Ordinary Price Claims
Price (Mis)Representations: The Continuing Challenge of Regular Price Comparisons
Price Advertising: Effective and Compliant Strategies
Substantive Issues in Canadian Merger Control: A Practical Guide
Publications
A $250,000 Reminder that "CASL" is Not Just an Anti-Spam Law
CASL Private Right of Action Delayed; Enforcement by CRTC Continues
Back to Basics: Acting Chairman Maureen K. Ohlhausen presents near-term FTC reforms
Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods
Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling
The Canadian Food Inspection Agency's Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches
What's the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry
Enforcement Advisory: Keeping Records of Consent under CASL
Shining Light in Dark Places: GPEN Sweep Targets Children's Mobile Applications and Websites
Top 10 Tips for Introducing and Maintaining Effective Competition Law Compliance Programs
Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event
CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation
Canadian Competition Law Compliance: The Bureau Shows Us the Money
Behavioural Remedies: Not Dead, Just Resting
Memorandum of Understanding
on CASL between the Commissioner
of Competition, the CRTC, and the Privacy Commissioner
Further misleading advertising enforcement activity
Criminal conviction in website scam: First conviction for violating a registered consent agreement
Your contest may not be a winner
Refusal to Deal in Canada: A Primer
Competition Bureau Releases Final Bulletin on Corporate Compliance Programs
The Implications of the Recent Decision Of The U.S. Supreme Court in Leegin for Distribution Policies in Canada
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
Til Death Us Do Part: Is the Canadian Law of Refusal to Deal Becoming an Increasing Challenge for Efficient Distribution Arrangements in Canada?
Dr. Miles Retires: Leegin's Implications for Canada
'Til Death Do Us Part: Does The Law of Refusal to Deal Make Your Distributor a Lifetime Partner?
The Canadian Efficiencies Defence: A New Approach
The Law of Refusal to Deal: Distributors as Lifetime Partners?
Efficiencies Again
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Recent Developments in the Canadian Law of Refusal to Deal
Summary of White Paper: Competition Bureau Issues Final Merger Remedies Bulletin
Important Practical Competition Law Issues in Day-to-Day Transactions: Developments in the Law of Predation, Price Maintenance and Refusal to Deal
Marketing Payment Cards in Canada
National Security Concerns in Foreign Investment Transactions: A Look at Bill C-59
Do Not Call Comes to Canada
What's in Store for Sears? A Look at the Competition Tribunal's Decision
Competition Act Amendments Tabled: What's in Bill C-19
News
COVID-19 Resource Centre
62 McMillan Lawyers Recognized in the 2020 Canadian Legal Lexpert Directory
McMillan Lawyers Earn 41 Rankings across 23 Categories in Chambers Canada 2020
71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan Named Competition Law Firm of the Year by Chambers Canada
McMillan lawyers are well represented in the 2019 edition of Chambers Canada
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan lawyers are well represented in inaugural edition of Chambers Canada
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
Education
- Dalhousie University, LLB - 2000
- Mount Saint Vincent University, BBA - 1997
Year Of Call
- Called to the Ontario bar - 2002
Practices
competition and antitrust
CASL - spam and other electronic threats
marketing and advertising
privacy and data protection compliance
entertainment and media
social media
privacy and data protection
unilateral conduct and distribution practices
cartels
mergers
payments and money services
Industries
retail
media, communications and entertainment
media
automotive
manufacturing, distribution and retail
Directorships and Professional Associations
- Canadian Bar Association, Past Chair, Marketing Practices Committee, Competition Law Section
- American Bar Association, Antitrust Law Section
- Ontario Bar Association
- Advertising Standards Canada
- Canadian Marketing Association
- Promotion Marketing Association
- Certified Information Privacy Professional / Canada (CIPP/C)
Awards & Rankings
- Recognized in the 2020 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Advertising & Marketing Law
- Recognized by Chambers Canada (2020) as a leading lawyer in the area of Advertising & Marketing Law
- Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Advertising & Marketing Law
- Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Advertising & Marketing Law
- Recognized by Chambers Canada 2019 as a leader in Advertising & Marketing
- Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of Advertising and Marketing Law
- Recognized in Best Lawyers in Canada (2018) as a leading lawyer in the area of Advertising and Marketing Law
- Recognized in Chambers Canada 2017 as a leading lawyer in the area of Advertising & Marketing - Canada
Media Mentions