Author Archives: Mark Warner

Mark Warner was quoted in this article about the threats to cancel NAFTA by US Presidential candidates Trump (R) & Sanders (D). (February 10, 2016) Putting aside the messy diplomatic and economic questions, Article 2205 provides that a NAFTA party can withdraw with six months notice, the trickier question is whether a congressional-executive agreement can be terminated by the President alone or whether majority votes in both houses of Congress would be required. I think the better view is that unlike with a “treaty” the President can notify the NAFTA partners on his own but unraveling the domestic commitments would require congressional action. Mr. Warner advised on NAFTA trade and investment issues as Legal Director of the Ontario Ministry of Economic Development & Trade and Ministry of Research & Innovation and participated in the Canada-European Union Trade Agreement (CETA) negotiations . Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner is quoted in this Canadian Bar Association National Magazine  article on Canada’s challenge in lifting economic sanctions against Iran. (February 4, 2016) Mark is a former Legal Director of the Ontario Ministry of Economic Development & Trade and has worked on trade and competition issues as counsel in the OECD Trade Directorate. He advises on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas. Mark has also participated in an international arbitration relating to the expropriation of the assets of a U.S.-based oil company in Libya and related issues under applicable sanctions and foreign asset control rules.

Mark Warner authors a blog for Huffington Post Canada on innovation myths and trade realities in the ongoing Trans-Pacific Partnership Agreement (TPP) ratification debate in Canada. (February 2, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and Ministry of Research & Innovation and participated in the Canada-European Union Trade Agreement (CETA) negotiations . Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner is quoted in this Canadian Bar Association National Magazine  article on Legalizing Marijuana and Canada’s International Legal Commitments. (January 22, 2016) Mark is a former Acting Legal Director of the Ontario Ministry of Consumer Services which provided oversight to the Alcohol and Gaming Commission of Ontario (AGCO) and the Vintners Quality Alliance Ontario (VQA) and as Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations, including with respect to trade in alcoholic beverages and Monopolies and State Enterprises. Earlier in his career, Mark worked on trade and competition issues as counsel in the OECD Trade Directorate. He also worked with the legendary American public international lawyer, Keith Highet on the Spain v. Canada (Fisheries Jurisdiction) World Court case and served as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner is quoted in this CBC article on the delay in ratification of the Canada-European Union Trade Agreement (CETA) and the potential renegotiation of the investor-state dispute settlement provisions at the request of the EU. (January 21, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the CETA negotiations, advised on several NAFTA Chapter 11 Investor-State Arbitrations and led the Province’s legal team for the insolvency / restructuring of GM and Chrysler. Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner was invited to participate in the Canadian Competition Bureau Workshop on emerging competition issues in Ottawa on January 19th. The workshop featured speakers from business, academia, the legal community, and government, both domestic and international. Participants discussed disruptive new business models, the implications for competition policy, and how best to incorporate non-price effects into competition assessment.

Mark chaired an Insight Research Canadian Sharing Economy Symposium in Toronto on December 2nd. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner was recently featured in an American Bar Foundation Fellows Spotlight. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. Selection as a Fellow of the American Bar Foundation is recognition of a lawyer whose career has demonstrated extraordinary leadership in the profession, service to society, and commitment to the ideals and objectives of the American Bar Association. Membership in The Fellows is limited to less than one percent of lawyers licensed to practice in each jurisdiction of the United States and to a small percentage of international lawyers. Past Fellows include: Justice Ginsburg, Justice Breyer, Attorney General Eric Holder, Hillary Clinton, Kenneth Feinberg and Scott Turow.

AUDIO: Mark Warner was interviewed on CBC Metro Morning in Toronto by host Matt Galloway about the increasing interface between Big Business and the Sharing Economy. (January 8, 2015)

Mark recently chaired an Insight Research Canadian Sharing Economy Symposium in Toronto on December 2nd. The morning sessions focused on: understanding the Sharing Economy; Trust, Licensing and reputation; and Competition, Consumer Protection and Regulation. The afternoon sessions focused on: Labour; Insurance; Taxation; and Municipal Planning and By-law issues. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner quoted in Reuters article on odds facing TransCanada’s NAFTA Chapter 11 investor-state claim & constitutional claims filed against the United States Government. (January 7, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised on various NAFTA Chapter 11 investor-state arbitration cases involving Ontario . Mr. Warner has advised governments on trade and investment policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner interviewed on BNN about TransCanada’s NAFTA Chapter 11 investor-state claim & constitutional claims filed against the United States Government. (January 7, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised on various NAFTA Chapter 11 investor-state arbitration cases involving Ontario . Mr. Warner has advised governments on trade and investment policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.