Mark Warner Appeared Before Canadian Parliamentary Committee Hearings on Canada’s Trade and Investment Policies and COVID19 Vaccine Production and Distribution

Mark Warner was invited to appear before the Canadian House of Commons’ Standing Committee on International Trade as part of its study of Canada’s trade and investment policy, and trade agreements in respect of how they may help or hinder the production and distribution of COVID-19 vaccines in Canada and across the world. (April 23, 2021) [Transcript] Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. At the OECD, Mark participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, as MEDT Legal Director, Mark led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark has provided technical assistance / legislative drafting advice to senior government officials and international institutions relating to law & policy in Africa, Central Asia, Southeast Asia, South America and Central & Eastern Europe. His academic experience includes a tenure-track teaching position at the University of Baltimore School of Law and serving as Assistant Director of its Center of International & Comparative Law; part-time teaching positions at the University of Leiden Law School, the World Trade Institute, the International Institute for Management in Telecommunications, the Howard University Summer program at the University of the Western Cape (Cape Town), the International Law Institute African Centre for Legal Excellence and Addis Ababa University Faculty of Business and Economics and appointments as Visiting Fellow at Osgoode Hall Law School and Executive Fellow at the Mowat Centre for Policy Innovation at the University of Toronto.

Mark Warner Quoted in The Hill Times on the Prospects of a WTO TRIPS “Waiver” for COVID19 Vaccines

Mark Warner was featured in a Hill Times article about Canada and a World Trade Organization “waiver” from the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID19 vaccines. (April 21, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. At the OECD, Mark participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, as MEDT Legal Director, Mark led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark has provided technical assistance / legislative drafting advice to senior government officials and international institutions relating to law & policy in Africa, Central Asia, Southeast Asia, South America and Central & Eastern Europe. His academic experience includes a tenure-track teaching position at the University of Baltimore School of Law and serving as Assistant Director of its Center of International & Comparative Law; part-time teaching positions at the University of Leiden Law School, the World Trade Institute, the International Institute for Management in Telecommunications, the Howard University Summer program at the University of the Western Cape (Cape Town), the International Law Institute African Centre for Legal Excellence and Addis Ababa University Faculty of Business and Economics and appointments as Visiting Fellow at Osgoode Hall Law School and Executive Fellow at the Mowat Centre for Policy Innovation at the University of Toronto.

Mark Warner Quoted in the Wall Street Journal on the Reasons for the Canadian Difficulty in Delivering COVID19 Vaccines

Mark Warner was featured in the Wall Street Journal talking about some of the reasons for the Canadian difficulty of delivering COVID19 vaccines. (April 8, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, Mr. Warner, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark Warner Featured on CBC News Weekend Business Panel on the Air Canada / Air Transat Merger, a National Securities Regulator and Biden’s Infrastructure Plan

Mark Warner was participated in a CBC News Weekend Business Panel discussion of the European Commission of the Air Canada / Air Transat merger, the abandonment of efforts to create a Canadian national securities regulator, the challenges and opportunities for the Canada and President Biden’s infrastructure plan and Volkswagen‘s April Fool’s joke. (April 3, 2021) As counsel at the OECD Trade Directorate, Mark advised on on other trade and competition issues and represented the OECD at meetings of the WTO Working Group on Trade and Competition and Working Group on Trade and Investment. Mark is a past Chair of the International and Economics Committees of the American Bar Association Section of Antitrust Law as well as a member of the Section’s Task Forces on Competition Policy and NAFTA and Antitrust in the Global Economy. He has been listed in the Euromoney / International Financial Law Review Guide to the World’s Leading Competition lawyers. In 2015, Mark was elected a Fellow of the American Bar Foundation. Mark is also a former Acting Legal Director of the Ontario Ministry of Consumer Services and was responsible for prosecutions under the Consumer Protection Act (Ontario).

 Mark was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state dispute arbitrations (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement), and on the Canada-U.S. Agreement on Government Procurement. In addition, Mark, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner Quoted in the Wall Street Journal on the Halt on Administering the AstraZeneca COVID19 Vaccines to People Under the Age of 55 in Canada

Mark Warner was featured in the Wall Street Journal talking about the National Advisory Committee on Immunization recommendation that Canadian governments halt on administering the AstraZeneca COVID19 vaccines to people under the age of 55 . (March 29, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, Mr. Warner, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark Warner Testified Before the Canadian House of Commons’ Standing Committee on International Trade

Mark Warner appeared before the Canadian House of Commons’ Standing Committee on International Trade as part of its study of the Investor-State Dispute Settlement mechanisms. (March 22, 2021) Mark’s opening statement is here along with responses to questions from Committee Vice-Chair Tracy Gray, M.P., Ben Lobb, M.P., Rachel Bendayan, M.P. and Randy Hoback, M.P. and Simon-Pierre Savard-Tremblay, M.P.

Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. At the OECD, Mark participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mark was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state dispute arbitrations (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement), and on the Canada-U.S. Agreement on Government Procurement.

Earlier in his career, Mark 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. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner Quoted in the Financial Post About the New Lawsuit Challenging President Biden’s Cancelling the KeystoneXL pipeline Project

Mark Warner was quoted in the Financial Post about the new state lawsuit challenging President Biden’s executive order revoking the KeystoneXL pipeline permit. (March 18, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and 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 was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state dispute arbitrations (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement), and on the Canada-U.S. Agreement on Government Procurement. In addition, Mark, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark provides international trade and investment law advice to natural resources clients on trade agreements, trade remedies, sanctions, export and import controls, anti-corruption, corporate social responsibility and compliance issues as a colleague at Pilot Law which provides comprehensive legal services for developing resource businesses in the mining, energy and renewables sectors.

Mark’s experience includes negotiating and drafting Government of Ontario grant and loan agreements and equity investments for clean energy (solar and wind) projects. Mark has provided competition law advice to a major oil company concerning oil refining and retail distribution in North America and advised on the first ever post-accession European Commission notification of a merger involving two of Central Europe’s largest refiners of crude oil. Earlier in his career, Mark 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 Interviewed on CTV About the Prospects for Lifting the Canada-U.S. COVID19-Related Border Restrictions

Mark Warner was interviewed on CTV Your Morning about the prospects for lifting the restrictions on the Canada-U.S. border that were imposed in response to the COVID-19 pandemic with the increasing vaccination in both countries. (March 18, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the Canada-EU Trade Agreement (CETA) negotiations advised on matters including: Cross Border Trade in Services; Temporary Entry and Stay of Natural Persons for Business Purposes; Mutual Recognition of Professional Qualifications; and Regulatory Cooperation. Mr. Warner also advised on procurement issues in the Canada-U.S. Agreement on Government Procurement, on several NAFTA Chapter 11 Investor-State arbitrations and led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. As MEDT Legal Director, Mr. Warner advised Ontario on the CETA negotiations including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

[Listen From 00:24]

Mark Warner Discusses the U.S. Decision to Loan AstraZeneca COVID19 Vaccines to Canada and Related Trade & Competition Issues

Mark Warner was interviewed on Canada Talks SiriusXM 167 on the prospects of the U.S. permitting AstraZeneca COVID19 vaccines to be shipped to Canada and the wider trade and competition vaccine issues globally. (March 17, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, Mr. Warner, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

[Listen From 00:38]

Mark Warner Interviewed by the Financial Post About Trade and Energy Issues in the Early Days of the Biden Administration

Mark Warner was interviewed by the Financial Post about emerging trade and energy issues in the early days of the Biden Administration. (March 17, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and 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 was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state dispute arbitrations (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement), and on the Canada-U.S. Agreement on Government Procurement. In addition, Mark, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark provides international trade and investment law advice to natural resources clients on trade agreements, trade remedies, sanctions, export and import controls, anti-corruption, corporate social responsibility and compliance issues as a colleague at Pilot Law which provides comprehensive legal services for developing resource businesses in the mining, energy and renewables sectors.

Mark’s experience includes negotiating and drafting Government of Ontario grant and loan agreements and equity investments for clean energy (solar and wind) projects. Mark has provided competition law advice to a major oil company concerning oil refining and retail distribution in North America and advised on the first ever post-accession European Commission notification of a merger involving two of Central Europe’s largest refiners of crude oil. Earlier in his career, Mark 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.

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