Wendy has over 30 years of experience in the area of product regulation. She provides advice on cannabis, dietary supplements, natural health products, foods, drugs, cosmetics, medical devices and a wide range of consumer products. She is retained by clients throughout Canada, the US and internationally to assist with a broad range of regulatory and marketing law matters.
Wendy is often called upon to assist clients with ever increasing complexity of Canada's federal and provincial privacy legislation. She advises clients on their privacy and cyber security policies and procedures, requests for disclosure of personal information, surveillance issues and other matters arising under Personal Information Protection and Electronic Documents Act, Access to Information Act and Canada's Anti-Spam Legislation (CASL).
Wendy has a diverse civil litigation practice which encompasses employment and business law, product liability and advocacy before all levels of Courts in Ontario including the Divisional Court and the Court of Appeal and before a variety of administrative tribunals and arbitrators. Whether the client is an individual or corporation, Wendy strives to resolve conflicts creatively, practically and efficiently.
She provides advice to manufacturers, importers and retailers on a broad range of regulatory and marketing law issues including: Advertising & Promotions, Regulatory Compliance, Product Liability & Product Recall, Contracts & Agreements and E-Commerce.
As a member of Dickinson Wright's Canadian employment law group, Wendy provides employment law advice to a wide range of employers on a variety of workplace issues, including discipline and wrongful dismissal matters, workplace privacy, human rights management and litigation and health and safety issues. She also provides advice and assistance on employment agreements, workplace policies, severance packages and the resolution of workplace disputes. Wendy is looked upon as a trusted advisor to senior human resource professionals who are engaged in maintaining employee relationships that support their organization's business objectives.
Wendy has provided advice to a wide variety of companies from the following industries:
- Cannabis/marijuana/hemp
- e-Cigarettes/tobacco
- Foods
- Natural Health Products
- Cosmetics
- Dietary supplements
- Direct sellers
- Drugs
- Consumer products
- Hazardous products
- Contests/Loyalty programs
- Medical devices
- Pest control products
- Pet products
- Textiles
- Jewelry/ Precious metals
- Toys and infant products
- Art and craft supplies
- Automotive
Ms. Hulton's significant experience is applied to achieving the goals of each client in a timely, cost-effective manner.
Education & Credentials
Education
Osgoode Hall Law School
LL.B., 1988University of Toronto
B.A., 1985- with honors
Bar Admission
Acknowledgements
- Winner of the Niagara Cup Mooting Competition
Prominent Assignments
- Retained by one of Canada's leading co-packers to provide counsel with a national product recall.
- Assisting clients in obtaining records from the Canadian Food Inspection Agency and the Public Health Agency of Canada for U.S. lawsuits relating to food contamination.
- Representing a pet products company and assisting them with their expansion operations to Canada.
- Retained by a major insolvency firm to handle the firm’s corporate, tax, employment, and regulatory matters.
- Representing a broad-based pharmaceutical and fine chemical company and are engaged to provide a range of services from corporate to employment.
Professional Involvement
- Member, Canadian General Standards Board Textiles Technical Committee, 2023
- Dickinson Wright’s Toronto Diversity, Equity, and Inclusion Committee, Co-Chair
- Council for Federal Cannabis Regulation
- Advisory Committee, Member
- Canadian Bar Association
- County of York Law Association
- International Consumer Product Health and Safety Organization
- International Association of Privacy Professionals
- Direct Sellers Association
- Canadian Association of Regulatory Affairs
Publications/Presentations
Presentations
- Co-Presenter, “Health Care Data Privacy: When Nightmares Become Reality,” Dickinson Wright Healthcare Webinar, November 2023
- Presenter, “Compliance with Canada’s Consumer Product Safety Act, Canada’s Anti-Spam Legislation and Canada’s Privacy Laws”, Direct Sellers Association’ Doing Business in Canada Virtual Seminar, October 18, 2023
- Speaker, "PSP Academy: Privacy and Security in Patient Support Programs," Health Loyalty Webinar, April 2023
- Speaker, "Keeping Up To Date - The Essential Guide to Privacy and Security," IT World Canada, MAPLESEC, October 2022
- Presenter, "Wait, Wait...Don't Sell Me! FDA and Other Pre-Market Considerations for Commercial Products," Dickinson Wright Annual Health Law Summit, November 2021
- Presenter, “Canadian Privacy Law/Employment Agreements” Direct Sellers Association of Canada’s Legal and Regulatory Virtual Seminar, February 10, 2021
- Panelist, “Exploring Key Issues Impacting Direct Sellers,” Direct Sellers Association of Canada’s Pivot Virtual Summit, November 2020.
- Presenter, “Preparing for USMCA Day Episode 5 – Small and Medium Sized Enterprises, Competition and Regulatory Alignment”, Dickinson Wright Webinar, June 2020.
- “OVERVIEW OF EMPLOYEE PRIVACY: U.S. – CANADA – CROSS-BORDER” Joint Webinar with Sara Jodka for LAW Lawyers Associated Worldwide, March 10, 2020.
- "2020 Insight for the Direct Selling Industry: Privacy, Misleading Advertising and Consumer Product Safety Act Update”, Direct Sellers Association Legal & Regulatory Seminar 2020, Crowne Plaza Hotel, Etobicoke, February 12, 2020.
- “State of the Industry: What We Learned, What We Gained and What It’s Cost”, GrowUp Cannabis Conference (Niagara Falls, Ontario, September 12, 2019)
- “Canada Hot Topics: What is New and Exciting on the Regulatory Front”, Association of Corporate Counsel, 15th Annual Nutrition Law Symposium, (Lehi, Utah, September 13, 2019)
- Employment Standards Educational Program: Part 5 for the Canadian Franchise Association, (Webinar, May 2, 2019)
- IDG on Cannabis’ Impact on the Canadian Pharmaceutical Market, Cold Chain Global Forum (Toronto, March 1, 2019)
- “Cannabis: From Due Diligence to Growth at Light Speed,” Capital Connection 2018, ACG Toronto, (Toronto, November 14, 2018)
- “Effective Compliance with the Competition Act and MLM Regulation,” Direct Sellers Association of Canada, Doing Business in Canada Seminar, (Arlington, VA, November 12, 2018)
- “Beyond Growing: Its Complicated”, GrowUp Conference and Expo, (Niagara Falls, September 8, 2018)
- “Getting Workplaces Ready for Legal Pot” Interview on Global TV’s Morning Show, (Local markets Saskatoon to Halifax, August 9, 2018)
- “Jobs and Joints” City TV interview on Cannabis in the workplace (City’s Toronto, Edmonton and Winnipeg evening news shows August 7, 2018)
- “Raise Your Regulatory IQ - Compliance and the New Regulatory Climate: Current Best Practices, Potential Future Challenges” Direct Sellers Association Webinar, December 4, 2017
- Canada and the U.S.: Cross-Border Partnerships, Investments & Opportunities, MJBizCon, Las Vegas, November November 16, 2017
- “CASL 2.0: The Class Action Lawyers Are Coming: Are You Ready?” Dickinson Wright Client Webinar, Toronto, May 31, 2017
- “Breakfast with Brands Automotive Sector” WBE Canada, Dickinson Wright Roundtable Participant, Royal York Hotel, Toronto, April 13, 2017
- “Patient Support Without Privacy Breaches”, Keynote Speaker at HealthLoyalty Seminar, Markham, Ontario, November 24, 2016
- “General Counsel/Outside Counsel Forum” Direct Sellers Association’s 2016 Business & Policy Conference: Insights from the United States and Europe, Washington D.C., October 25, 2016
- “Doing Business with Canadians: What Your Clients Don’t Know Might be Costly”, DW Internal Webinar, Toronto, May 17, 2016
- “U.S. – Canada Cross Border Product Recalls – Before, During and After the Recall or What You Don’t Know Can Hurt You” International Consumer Product Health & Safety Organization (ICPHSO) 2016 Annual Meeting and Training Symposium, Washington, D.C, February 29, 2016
- “What’s Keeping Food Producers Awake at Night” Michigan Agri-Business Association 83rd Annual Winter Conference, Lansing, Michigan, January 11, 2016
- “Beyond the Legal Duty to Accommodate” Federated Press, 10th Annual Employer’s Duty to Accommodate, Toronto, ON, December 10, 2015
- “Everything You Need To Know to Legally Sell and Promote Your Products in Canada” Direct Sellers Association of Canada, 2015 DSA Global Strategies Summit, Washington, DC, October 14, 2015
- “Doing Business Across the Border” 15th Annual Great Lakes Women’s Business Conference, Novi, Michigan, September 29, 2015
- "Brand Protection: Time to Step it Up”, We Have the Power, DSA Conference, Niagara Falls, June 23, 2015
- "Canada-US in the Era of Global Trade" Presentation to PNC's International Advisory Board Meeting with Dan Ujczo, September 11, 2014
- "Super Summary - The Top 10 Canadian Health Law Decisions," Presentation to DW Health Law Group, July 27, 2014
- “CASL Webinar: Canadian Anti-Spam Legislation” Dickinson Wright Webinar presented jointly with Dan Ujczo, June 12, 2014
- "Canada's Anti-Spam Law: Are You Ready?" CASL Webinar, CFA Society Toronto, May 20, 2014
- "US - Canada Regulatory Cooperation Council: A Government and Industry Perspective" Panel Moderator, The Food and Drug Law Institute's Canada & U.S. Food, Drug, Cosmetic & Devices Regulations: Key Developments and Comparisons, Trump Tower, Toronto, May 15, 2014
- "Food and Cosmetic Advertising, Labeling & Health Claims Regulation" The Food and Drug Law Institute's Canada & U.S. Food, Drug, Cosmetic & Devices Regulations: Key Developments and Comparisons, Trump Tower, Toronto, May 15, 2014
- "An Information Session on Canada's Anti-Spam Legislation (CASL)" Webinar for the Direct Sellers Association of Canada, April 30, 2014
- "Canada's Anti-Spam Legislation (CASL) is coming - Are you Ready?" Canadian Cosmetic Toiletry and Fragrance Association (CCTFA) Webinar, March 27, 2014
- "Business Law - Raising the Bar" The Fifth Annual Women's Leadership Symposium, University of Toronto, Rotman Commerce, Toronto, March 7, 2014
- "Practicing Law - Five Minutes with Dickinson Wright Lawyers" University of Toronto, Explore it Program, Toronto, February 11, 2014
- “Vital Legal Update – Canada’s Anti-Spam Legislation and Canada’s Consumer Product Safety Act” Direct Sellers Association, Global Regulatory Summit, (Washington, D.C. October 3, 2013)
- “How to Avoid Contest & Advertising Disasters” – Dickinson Wright LLP (Toronto, ON September 26, 2013)
- “LinkedIn 101” - Dickinson Wright LLP (Toronto, ON May 23, 2013)
- “Internet Sales and Services in Canada” - Business in Americas Conference - Multilaw Americas Regional Conference (Cincinnati, Ohio, April 20, 2012)
- “Data Privacy Law Breakout Session” - Business in Americas Conference - Multilaw Americas Regional Conference (Cincinnati, Ohio, April 20, 2012)
- “US Export of Goods and Services to Canada” - Business in Americas Conference - Multilaw Americas Regional Conference (Cincinnati, Ohio, April 20, 2012)
- “The New Anti-Spam Legislation and Internet Privacy Update - How to stay ahead of the curve”, Webinar for CCTFA members, along with Fraser Mann (Toronto: March 27, 2012)
- “Overview of Canada's New Anti-Spam Legislation and the Proposed Regulations”, Business Law Group, Miller Thomson (Toronto: September 27, 2011)
- “Regulatory Compliance for Selling Products in Canada”, Direct Selling Association's Looking Forward Conference (Washington, D.C.: September 15, 2011)
- “Regulatory Compliance for Advertising and Promotional Labeling”, International Pharmaceutical Academy Packaging and Labelling Conference (Toronto: May 19, 2011)
- Chair, Canadian Institute’s 16th Annual Marketing and Advertising Law Conference (Toronto: January 21-22, 2010)
- “Working under a Tougher Regime for Deceptive Marketing: What Advertisers and Marketers Need to Know” (co-presented with Andrea Rosen, Deputy Commissioner of Competition, Fair Business Practices Branch), Canadian Institute's Conference on Canada's New Competition Act (June 23, 2009)
- “Bill C-6: The Proposed Consumer Product Safety Act”, Direct Sellers Association’s Government Relations Conference (Richmond Hill, ON: April 29, 2009)
- “Supplying Products for the Locavores”, OBA Conference on the Business of Farming (University of Guelph, ON: April 28, 2009)
- “Substantiating Advertising and Marketing Claims for Cosmetics and Complying with the Competition Act”, Canadian Cosmetics Fragrance and Toiletry Association’s Spring Regulatory Workshop (Ottawa, ON: April 22, 2009)
- “Your Passport to Global Success”, Direct Selling Association's 2009 International Seminar Expansion to Canada (National Harbour, MD: March 4, 2009)
- “Everyone's Doing It - Practice Safe Cross Promotions”, Canadian Institute's 15th Annual Advertising and Marketing Law Conference (January 23, 2009)
Publications
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Co-Author, "U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court,” All Things Canada Blog, March 2023
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Author, "Canada Sanctions Iranian Officials for ‘Systematic Human Rights Violations,’” Dickinson Wright All Things Canada Blog, October 2022
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Author, "Non-Compete Clauses, Building Castles in the Air," The Lawyer's Daily, July 2022
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Interviewed and Quoted “In-house counsel tackle evolving employment laws”, Canadian Lawyer, June 22, 2022
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Quoted in “Proposed federal privacy law includes heightened protection of minors’ personal information”, Canadian Lawyer, June 19, 2022
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Co-Author, “Recognized v. Registered Trademarks - Quebec Amends the Charter of the French Language,” Dickinson Wright Industry Alert, May 2022
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Author, “Canada Denounces Russian Military Actions and Announces New Sanctions on Russia in Response to Escalation in Ukraine,” Dickinson Wright’s All Things Canada Blog, February 2022
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Co-author, Canadian chapter of the 2022 Guide for Evaluating Country Risk for Global Investments, First Law International, 2022
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Co-Author, "Wait, Wait...Don't Sell Me! FDA and Other Pre-Market Considerations for Commercial Products," Dickinson Wright Health Care Blog, November 2021
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Author, “Everybody Is Jumping on the Privacy Update Bandwagon: Alberta Consulting on Critical Updates to its Privacy Laws,” Dickinson Wright All Things HR Blog, Aug 2021
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Quoted in "New Federal Privacy Legislation Must Balance Privacy Rights with Commercial Interests, Says Lawyer," Canadian Lawyer, July 2021
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Co-Author, “Consumer Privacy Protection: What it Means for Cross-Border Business,” The Lawyer’s Daily
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Co-Author, “Brace Yourself – Quebec’s Bill 96 Proposes Substantial Changes to French Language Laws,” Dickinson Wright All Things Canada Blog, June 2021
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Co-Author, "Reference re Greenhouse Gas Pollution Pricing Act – Supreme Court of Canada Rules Carbon Pricing Constitutional," Dickinson Wright Client Alert, April 2021
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Co-Author, "Canada Sanctions Chinese Officials and a Chinese Entity in Xinjiang," Dickinson Wright All Things Canada Blog, March 2021
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Co-Author, “Update on Ontario's Second State of Emergency Order – New Restrictions in Ontario in the Fight Against COVID-19 – Effective January 14, 2021”, Dickinson Wright News Alert, January 2021
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Co-Author, “Canadian Data Privacy Laws Are Changing. Is Your Business Ready to Keep Up?”, Dickinson Wright News Alert, November 2020
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Quoted in “Law Firm Leaders Optimistic as Business Ramps Up”, CBA National, September 22, 2020
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Co-Author, “Ontario Court of Appeal Sends Employers Back to the Drafting Table … AGAIN!”, Dickinson Wright News Alert, July 2020
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Co-Author, “CEWS and CERB Extension of Government Aid: Update to April 11, 2020 Publication”, Dickinson Wright News Alert, June 2020
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Co-Author, “The Federal Government Announced New Measures to Assist Seniors During the COVID-19 Pandemic,” Dickinson Wright Client Alert, May 2020
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Co-Author, “COVID-19 Return-to-Work Checklist from a Canadian Employment Law Perspective,” Dickinson Wright Client Alert, May 2020
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Co-Author, “Business Interruption Insurance and COVID-19 in Ontario,” Dickinson Wright Client Alert, April 2020
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Co-Author, “Wanted In Canada: Manufacturers and Suppliers to Address COVID-19,” Dickinson Wright Client Alert, April 2020
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Co-author, “COVID-19 Wage Subsidy Bill Received Royal Assent on April 11, 2020”, Dickinson Wright News Alert April, 2020
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Co-author, “COVID-19 Guide for Seniors”, Dickinson Wright News Alert, April 2020
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Co-Author, "New Additions for the Canada Emergency Wage Subsidy (CEWS) Assists Tech and Start-Up Companies," Dickinson Wright Client Alert, April 2020
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Co-Author, "COVID-19: The Essential Need-to-Know Guide for Employers and Employees," Dickinson Wright Client Alert, April 2020
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Co-Author, "Canada Provides Expanded Relief To All Businesses Responding To COVID-19 Pandemic," Dickinson Wright Client Alert, March 2020
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Co-Author, "COVID-19 Guidance and Resources," Dickinson Wright Client Alert, March 2020
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“You’re Not Ganja Believe This, Health Canada, but the Edible Cannabis Regulations Are a Buzz Kill”, with Chantal Cipriano, Dickinson Wright Canada-United States Business Law Blog, October 17, 2019
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Quoted in Training Around Workplace Sexual Harassment Needs a Careful Approach by Shannon Kari, Canadian Lawyer, June 27, 2019
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Quoted in The Green Gold Rush, by Elizabeth Raymer, Canadian Lawyer Magazine, March 2019
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“Cannabis is here: Time to expand your company policies,” Canadian Lawyer Magazine, November/December 2018
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Quoted in "Cannabis Is a Complicated Business" by Julius Melnitzer, Lexpert Magazine, June 2018
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"What Can Ontario Cannabis Consumers Expect as the Senate Votes on the Cannabis Act", DW Canada U.S. Business Law Blog, June 6, 2018
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"What Steps Should Your Company Controllers Be Taking For GDPR Compliance?" Co-Authored with Liana Di Giorgio, DW Canada U.S. Business Law Blog, May 29, 2018
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"How to Develop a Cyber Attack Incident Response Plan – A List of Key Considerations", DW Canada U.S. Business Law Blog, May 16, 2018
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Quoted in "Ontario moves to take hemp out of marijuana regulations, setting up Canadian hemp wave", Hemp Industry Daily, May 14, 2018
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Quoted in "Data breaches know no bounds" Canadian Lawyer, January 8, 2018
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“Waiting for the Smoke to Clear – Proposed Legalization of Recreational Cannabis – An Update” Canadian Natural Health Retailer, September – October 2017
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“Federal Court of Appeal sides with medical pot grower in home mortgage discrimination case”, quoted in the Financial Post, August 2017
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"Legal Ins and Outs of Canada's New Rec Program, Marijuana Business Magazine," July 2017
- "Phishing Lures: What To Do If You’ve Taken The Bait," by Justin L. Root, Sara H. Jodka and Wendy Hulton, Dickinson Wright Client Alert – June 29, 2017
- “What is CASL and Why Do I Have To Comply With It?” Canadian Natural Health Retailer, May – June 2017
- “Canadians Love Contests: Ensure Your In-Store Contest is a Winner” Canadian Natural Health Retailer, March – April 2017
- “Does a defaulting ex-spouse have a reasonable expectation of privacy in connection with documents on his former spouses computer?” LinkedIn article, March 3, 2017
- "While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy and drunk driving have to do with each other?," Lexology, August 2, 2016
- “Hello Insurers – Court says CGL may Cover Privacy Breaches Occurring Prior to 2014” DW Health Law Blog, April 29, 2016
- “Bah Humbug – CASL stole your holiday greeting?” LinkedIn, November 12, 2015
- “Stopping the snoopers becoming a priority – Safeguarding personal health information from unauthorized access a growing problem” The Lawyers Weekly, Focus on Information Technology, October 2, 2015
- “PHIPP offers ‘no shelter’ to Ontario Hospital from Class Proceedings for breach of privacy”, Dickinson Wright Healthcare Legal News, April 2015
- “Supreme Court of Canada on Constructive Dismissal”, LinkedIn Post, March 6, 2015
- “Just when you thought it was safe…more CASL requirements”, Lexology, DW Women in Law Blog, February 13, 2015
- “Food Safety in Canada – more work for franchisor who import food products”, Lexology, January 28, 2015
- "Nutrition Information Coming to both U.S. and Canadian Menus soon”, DW Franchise & Distribution News, Lexology, January 2015
- “The Clock is Running – Is Your Company Ready for Canada’s New Anti-spam Legislation?” Newsletter of the International Bar Association Legal Practice Division, North American Regional Forum News, Vol. 5 No. 1 (with Ned Levitt), September 2014
- “Your Emails Sent to Canada May Now Be Against the Law,” Guest Columnist for The Record Reporter, Phoenix, Arizona, August 11, 2014
- “Storming the CASL - Your email to Canada may now be against the law” DW Women in the Law Blog: July 16, 2014
- "Heads Up: Canada's Anti-Spam Legislation (CASL) Takes Effect on July 1st" Dickinson Wright's Franchise and Distribution News, June 2014
- "A Moment with Toronto Lawyer , Wendy Hulton," DW Women in the Law Blog: March 5, 2014
- "Canada's Consumer Product Safety Act" - DW Women in Law Blog, January 8, 2014
- "The Clock is Running - CASL is Coming - Is Your Company Ready For It?," Dickinson Wright LLP, Client Alert, December 12, 2013
- "Canada's Consumer Product Safety Act: An Update," International Consumer Product Health and Safety Organization (ICPHSO) Newsletter, November 2013
- “Canada’s anti-spam legislation: are you ready for it?,” Financier Worldwide, September 2013
- “Like the weather, FACEBOOK’s Promotional Rules have Changed” Dickinson Wright’s Gaming News, September 18, 2013
- Co-author, "Low-Hanging Fruit: Cross-Border Consumer Copycat Class Actions," American Bar Association (June 2013)
- Product Liability, Corporate LiveWire Round Table, 2012
- Getting the Deal Through – Product Recall 2013, Law Business Research Ltd., 2012
- No More Drug Company Sponsored Trips to Hawaii for MDs?, Health Communiqué, February 28, 2012
- Business Laws of Canada, West (a Thomson Reuters business), 2012
- Getting the Deal Through – Product Recall 2012, Law Business Research Ltd., 2011
- Registration of Electronic Medical Records, Health Communiqué, May 12, 2011
- Privacy Heads Up 2010 or What Should Be On Your Privacy Radar, It's Personal, Carswell, Vol. 3, Issue 6, 2010