Bio for - McMillan
Transcription
Bio for - McMillan
Gerald A. Badali Toronto 416.307.4064 [email protected] admission au Barreau et formation Barreau de l'Ontario - 1983 University of Western Ontario, LLB - 1981 University of Toronto, BA (with high distinction) - 1978 domaines de pratique profil services financiers Gerald Badali is a member of the firm's Corporate & Insurance and Information Technology Practice Groups. His practice areas include corporate/commercial work with a particular emphasis on insurance and regulatory matters as well as information technology. assurances conformité réglementaire droit des affaires processus d'approvisionnement technologies sous-traitance industries assurances banques automobile technologies de l'information soins de santé Gerald has been advising on insurance and regulatory issues in excess of twenty years, both at the federal and provincial levels, representing insurance companies, banks, payment card companies, automobile manufacturers/distributors, marketing corporations, telecoms and others. His practice in this area focuses on product development and marketing as well as on regulatory compliance under federal, provincial and territorial insurance legislation, the Bank Act (Canada) and its regulations, consumer protection legislation across Canada, Canada's antimoney laundering and anti-terrorist financing legislation, etc. He is a Chief Agent in Ontario and is a former member of the Legal Advisory Committee of the Financial Services Commission of Ontario (FSCO). In his information technology practice, Gerald has been advising on IT issues in excess of twenty years, first on the supplier-side representing licensors, distributors and processing companies, and later on the customer-side representing financial institutions, manufacturers and health care providers. His advice has included counseling on the procurement, licensing and protection of technology and intellectual property; the development and use of software and on-line technologies; the distribution of computer products and services; and the implementation of outsourcing and business continuity strategies. He is well-versed in the requirements of the Broader Public Sector Procurement Directive McMillan S.E.N.C.R.L., s.r.l. | avocats | Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca 1/5 Gerald A. Badali t: 416.307.4064 [email protected] (Ontario), the Management Board of Cabinet Procurement Directive (Ontario), the Agreement on Internal Trade (AIT), the Outsourcing Guideline of the Office of the Superintendent of Financial Institutions and other government initiated procurement rules, directives and guidelines. mandats représentatifs Corporate & Insurance Advised on life, accident and sickness, property, liability, surety, title, travel and creditor's group insurance matters including product development work in respect of term life, universal life and annuity policies as well as variable insurance (segregated funds) contracts Advised on corporate reorganizations and governance, market conduct, product distribution and marketing arrangements (including affinity programs), as well as on regulatory matters related to all of the foregoing Advised banks, insurers, marketing companies, manufacturers and others in defining the borderline between insurance and non-insurance products Advised auto manufactures, an international electronics manufacturer and others on the implementation and administration of warranty, extended warranty, service contract and other dealer sold programs, on a cross Canada basis Advised on and prepared corporate policies, compliance regimes and other guidance in respect of investments, outsourcing, money laundering, anti-terrorism, unclaimed property/ escheatment, etc., for various financial institutions, credit card companies and other issuers of payment products Specifically advised on regulatory issues related to credit cards, charge cards, prepaid payment cards (prepaid access), gift cards, etc., in respect of card franchisors, issuers and administrators, on a cross Canada basis Advised life insurance companies and their holding corporations in connection with acquisitions as well as with divestitures of divisions, subsidiaries and investments including asset sales, share sales, assumption reinsurance and insurance administration agreements Advised on 'insurance discrimination', and the intersection of 'human rights discrimination' and insurance Advised on reinsurance treaties and agreements Information Technology In addition to working extensively on procurement issues (including RFIs, RFPs, RFT/RFQs, etc.), Gerald's practice McMillan S.E.N.C.R.L., s.r.l. | avocats | Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca 2/5 Gerald A. Badali t: 416.307.4064 [email protected] emphasizes the drafting and negotiation of technology-related agreements, both domestic and cross-border, including the following: Acceptable Use Policy (Internet, etc.) Cloud Computing Confidentiality/Non-Disclosure Consulting/Professional Services Data Migration Database Development and Maintenance Database Subscription Distribution (Hardware, Software, etc.) Disaster/Business Recovery/Continuity EDI Communication Services Electronic Funds Transfer (EFT) Equipment Financing Facilities Management Hardware Lease (individual and master agreements) Hardware Purchase and Sale Hardware Maintenance Network Services Non-Competition On-line Access Original Equipment Manufacturer (OEM) Outsourcing Software Development Software Evaluation Software Licence/Sublicence Software/Technology Escrow Software Maintenance and Support Software Integration and Support System Acquisition and Integration System Access System Integration Technology Transfer Value Added Reseller (VAR) Vendor of Record (VOR) Web Site Design and Development McMillan S.E.N.C.R.L., s.r.l. | avocats | Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca 3/5 Gerald A. Badali t: 416.307.4064 [email protected] Web Site Hosting Web Site Use publications Juin 2016 Insurance and reinsurance in Canada: overview (seulement disponible en anglais) Décembre 2015 Managing Risk in the Administration of Employee Benefits (seulement disponible en anglais) Risk Management Magazine Online Risk and Insurance Management Society, Inc., New York, New York Septembre 2015 Insurance Intermediation Activities and Insurance Intermediaries (seulement disponible en anglais) International Bar Association (co-author of Canadian section) Janvier 2015 Practical Law Guide, Insurance and Reinsurance in Canada (seulement disponible en anglais) (co-author of Canadian chapter) 2015 The Anti-Money Laundering/Anti-Terrorist Financing section of Compliance Office®, Ethidex's web-based compliance and riskmanagement system, which is currently utilized by numerous Canadian insurers (seulement disponible en anglais) (has authored this section since at least as early as 2004) 2014 A.M. Best's Digest of Insurance Law (seulement disponible en anglais) (a principal author of the Ontario section since 2009) Octobre 2013 The Legal Nature of Insurance Contracts (seulement disponible en anglais) International Bar Association (a principal author of the Canadian section) Mars 2011 Risky business: doing business in near-failed and failed states (seulement disponible en anglais) Client bulletin présentations Octobre 2013 McMillan S.E.N.C.R.L., s.r.l. | avocats | Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca 4/5 Gerald A. Badali t: 416.307.4064 [email protected] IBA Insurance Committee Substantive Project 2013: The Legal Nature of Insurance Contracts (seulement disponible en anglais) A principal author of the Canadian civil law and common law section, International Bar Association, 2013 Annual Conference, Boston McMillan S.E.N.C.R.L., s.r.l. | avocats | Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca 5/5