Information Technology

Featured Ranking
David Ma "repeatedly recommended" in Computer & IT Law, Canadian Legal Lexpert® Directory
INDUSTRY SAYS
"deep knowledge in information and communication technology", Chambers Canada
 Overview

Information technology continues to evolve at a spectacular pace and, as a result of such rapid evolution, there are constant changes not only in the way we conduct business but also in the manner in which we interact with one another generally. Society’s reliance and dependence on information technology continues to grow both in terms of scope and in terms of coverage. Traditional paradigms are constantly being shifted.

Whether you are a net creator or a net user of information technology, you are faced with unique business issues, challenges and opportunities as well as rapidly changing legal rights and responsibilities. Your choice of legal counsel therefore becomes a critical exercise.

Our IT legal team’s expertise does not end at the legal issues surrounding IT. Our experts have in-depth knowledge of the industry and keep pace with industry developments. Many of our experts have IT backgrounds themselves and can speak your language and give you practical advice tailored to your specific needs. We can work with both your business managers and your development and implementation groups.

The benefit of our expertise extends beyond the pre-contractual stages. Our team understands the dynamics of project management and can seamlessly integrate the supply of legal services and other IT expertise throughout a project. Moreover, our IT legal team comprises considerable litigation expertise which may assist you in the event a project runs awry or you otherwise find yourself in a dispute or need to assert, maintain, protect or enforce certain proprietary rights or interests. Likewise, we work closely with other specialists in our firm in fields such as tax, securities, corporate/commercial, e-commerce, intellectual property and ADR.

The members of our group have provided their expertise in a vast number of transactions, including:

Compliance and Liability Assessments

  • advising on liability issues related to product development, configuration and sales (including product liability, domain name and intellectual property issues);
  • advising on contractual and compliance matters relating to e-commerce;
  • advising on liability issues and compliance matters relating to online content and activities (including online gaming);
  • advising on liability issues and compliance matters relating to e-contracting and regulatory issues for e-commerce initiatives (including initiatives involving the manufacturing industry, the insurance industry, the financial services industry and pharmaceutical industry);
  • advising on liability issues and compliance matters relating to B2B supply chain management initiatives;
  • advising on liability issues and compliance matters relating to online trading, online auctions, smart cards and loyalty programs;
  • advising on contractual and compliance matters relating to security implementation, including intrusion detection systems, managed firewalls and penetration testing services;
  • advising on liability issues and compliance matters relating to outsourcing;
  • advising on compliance matters relating to privacy;
  • advising on liability issues and compliance matters relating to document retention;

Corporate Governance & Corporate Finance

  • advising with respect to corporate governance for IT companies;
  • advising with respect to contingency and disaster recovery planning;
  • advising with respect to development of document retention policies;
  • advising with respect to development of privacy policies;

Employment

  • advising on employee computer use policies;
  • advising on employer liability issues relating to employee use of employer use computer facilities;
  • advising on employer employee monitoring practices;

Commercial Transactions

  • advising on website and portal development and hosting;
  • advising on security gateway tool licensing;
  • advising on software development, licensing and assignment;
  • advising on systems development and integration;
  • advising on hardware acquisition and leasing;
  • advising on business process outsourcing, shared services and facilities management;
  • advising on distribution arrangements, including VAR arrangements, joint venture arrangements, teaming arrangements, strategic alliances and marketing arrangements;
  • advising with respect to technology development and procurement;
  • advising with respect to Enterprise Resource Planning (ERP);
  • advising with respect to disaster recovery arrangements;

Commercial Litigation

  • employment disputes;
  • contractual disputes;
  • economic torts;
  • misappropriation of trade secrets;
  • infringement of intellectual property rights.
 Insights