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
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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
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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
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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
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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
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