A company’s information technology operations are an ongoing management concern. After all, the pervasive use of technology in the workplace today affects virtually every aspect of a business’ operations. Whether your business requires guidance on day-to-day issues, special or ongoing projects, or identifying problem areas related to your technology operations, Miller Thomson’s Information Technology Group can help. Our lawyers have advised public and private businesses from a variety of industries and all levels of governments on their key technology issues and challenges.
Our Information Technology Group can assist businesses with a wide range of issues, including:
- Agreements: We advise on, draft and review agreements in every area of information technology, including business process and cloud services outsourcing, hardware and systems purchases, embedded systems and firmware, telecommunications and network services, licensing, new media and content, Software-as-a-Service, Platform-as-a-Service and Infrastructure-as-a-Service and other emerging business and licensing models, and professional and consulting services such as data hosting, processing and conversion, training, implementation, call centre operations, help desk and other support services.
- IT Licensing: We provide guidance on all aspects of licensing, including drafting and reviewing agreements, choosing licensing models and recommending alternatives, object code, open source and source code licensing, choosing the most appropriate licensing model, complying with export restrictions, structuring appropriate support and service level agreements, managing ownership and rights to sue intellectual property rights between parties, and assisting in dispute resolution and litigation related to licenses.
- IT Outsourcing, Cloud Services and Procurement: Our lawyers provide guidance on the selection of a vendor, negotiation of the agreement, management of legal issues during the course of the project, termination or expiration of the agreement and transitioning to a new provider.
- Online Presence: Our Group advises on establishing, maintaining and enhancing an online presence, managing ecommerce, website and social media legal issues, managing user-generated content, managing the use of the Internet in the workplace, drafting and reviewing online agreements, addressing privacy, information security and cybersecurity concerns in relation to websites, networks and software, ensuring compliance with applicable laws and regulations, dealing with disputes involving the Internet, including domain name issues, cyber-stalking, defamation, hacking, security breaches, crisis management and allegations of infringement related to intellectual property rights.
- Network Services: We advise on the acquisition of telecommunications circuits, wireless services, network monitoring services, network security services, hosting, co-hosting and collocation services and traditional or voice-over-IP telephone systems. We also develop acceptable use policies and agreements for the provision of network and hosting services.
- Assisting a government agency with the preparation, negotiation and finalization of a multi-year agreement with a wholly owned subsidiary of a publicly owned electricity transmission and distribution company for network services;
- Assisting a number of Ontario municipalities in developing a new template agreement to be used with RFPs that may be issued from time to time to procure commercial off-the-shelf software (COTS), and other non-customized IT products and services;
- Assisting various Ministries in all aspects of a long-term arrangement for the supply of mobile telecommunications services;
- Negotiating multi-million dollar licensing, hosting and collocation agreements for various clients
- Assisting a large multinational company with the contracts governing the acquisition, implementation and deployment of an enterprise resource planning (ERP) system
- Assisting a Crown corporation in connection with the preparation of an RFP, Master Agreement and statements of work for the supply of hardware, software and professional, hosting and support services for the implementation of a project management information system for the corporation and its clients;
- Providing advice to a government agency on issues of information security in its contracts;
- Assisting individuals and companies dealing with breaches of cyber security, cyber defamation and cyber stalking;
- Developing standard form agreements for an international network service provider, including its agreements for network services and hosting;
- Assisting a government agency with various agreements for the procurement of hardware, software, Web site development services and call centre services;
- Assisting a large municipality with a proposed outsourcing arrangement for call centre services for residents of the municipality (including assisting in the preparation of an RFP, sample agreement and statements of work);
- Assisting a municipality with the purchase of a new voice-over-IP telephone system and related services (including assisting in the preparation of the agreement and statements of work);
- Assisting a municipality with the preparation of an RFP for the acquisition of wireless telephone and data services and negotiating the resulting agreement.
Miller Thomson recognized in 2018 Canadian Legal Lexpert Directory
In the recently released 2018 edition of the Canadian Legal Lexpert® Directory, 90 Miller Thomson lawyers across 35 areas of law have been recognized for their industry-leading advisory expertise. These rankings are the culmination of an extensive annual peer review process...
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017
126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from 122 lawyers ranked last year....
Eve Munro comments on Canada’s Anti-Spam Legislation in the March/April 2012 issue of the Mortgage Journal.
Eve Munro, a lawyer with Miller Thomson LLP’s Vancouver office, practicing in the area of intellectual property and information technology, says “The essential requirements [of CASL] are that commercial electronic messages may not be sent unless prior consent has been...
Maanit Zemel writes about some of the practical difficulties faced by victims of online defamation in the October 14, 2011 issue of the Lawyers Weekly.
Eamonn Flaherty, as a member of the York Technology Alliance Technology Leadership Awards selection committee, presents the award for the Momentum Company of the Year at the YTA Awards Luncheon.
More information on the YTA Awards.
MT takes part in VerdeXchange’s efforts to drive sustainable economic growth at their international forum in Toronto.
Miller Thomson is a proud sponsor of VerdeXchange Canada which presents Environmental Sustainability & Economic Growth: From California to Toronto in Toronto June 5 and 6 at the Allstream Centre, Exhibition Place. Our CleanTech, Environmental, Securities and Capital Markets, Information...
Imran Ahmad speaks on “Cyber Incident Response Planning” at IIAC webinar
Imran Ahmad speaks at the Investment Industry Association of Canada (IIAC) webinar on “Cyber Incident Response Planning” in collaboration with communications agency FleishmanHillard HighRoad on Thursday, June 21 at 1:30 p.m.
James Swanson chairs the “Advocates’ Society Ontario E-Discovery Institute 2018”
On November 6, 2018, James Swanson chairs the Advocates’ Society Ontario E-Discovery Institute 2018
James M. Klotz speaks on “Innovation, A.I., and the Law”
James M. Klotz speaks on the subject of “Innovation, A.I., and the Law” at the Harvard Law Brazilian Association Legal Symposium: The Law in the 21st Century at Harvard Law School.
Gal Smolar speaks on Blockchain Technology
Gal Smolar presents “Blockchain: Real World Applications Today” at CFA Society Vancouver seminar. Blockchain technology is more than just crypto-currencies and mining.
James Swanson speaks at a private training session on Future and Blockchain Technologies
James Swanson presents a private training session to the Alberta Court of Appeal. His presentation, “The Future Ain’t What It Used to Be (with apologies to Yogi Berra)”, will focus on disruptive technologies of the present and the near future such as Artificial...
James Swanson speaks on the Future of Privacy
Jim presents at the Privacy and Access Council of Canada’s National Privacy and Data Governance Congress. Topic of discussion is “The Virtual Fishbowl and the Future of Privacy – Will Artificial Intelligence, Automation, the Internet of Things and Block Chain...
James Swanson speaks at Legal Innovation Conference
James Swanson will be chairing a panel at the Legal Innovation Conference. The topic of discussion will be “Innovative Legal Technologies and Services”.
James Swanson co-chairs the Advocate’s Society Ontario e-Discovery Institute 2017 program
Aiyaz Alibhai speaks on moral rights and new technologies
Aiyaz Alibhai presents “Moral Rights and New Technologies: Authorship, Attribution, and Integrity in a Digital World” at the University of Glasgow.
David Schnurr presents Privacy Law seminar to OMIA
David Schnurr presents a Privacy Law seminar on the Digital Privacy Act amendments to the Personal Information and Protection of Electronic Documents Act (PIPEDA) and the Access to Information Act, and a 2016 CASL (Canada’s Anti-Spam Legislation) Update, to members...
Navigating Global Skills Strategy Labour Mobility for Foreign Talent in IT and Tech in Canada
Miller Thomson’s national Immigration group is hosting a breakfast seminar to address immigration programs recently announced by Immigration Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC) that will facilitate the recruitment and hiring of foreign talent...
Calgary’s Disruptor, Unicorn or Castle in the Air Half Day Seminar
James Swanson, Kevin Plowman and Kenneth Phillips host a complimentary and interactive half day seminar on Wednesday, October 25, including an opportunity to share your venture as a case study as they focus on: New business models Legal structures All important IP...
Edmonton’s Disruptor, Unicorn or Castle in the Air Half Day Seminar
James Swanson, Wayne Logan and Bruce Geiger host a complimentary and interactive half day seminar on Tuesday, October 31, including an opportunity to share your venture as a case study as they focus on: New business models Legal structures All...
Webinar – Privacy: What Canadian businesses need to know to be GDPR compliant
The European Union’s General Data Protection Regulation (“GDPR”) is slated to come into force in May 2018. The GDPR will have far-reaching consequences for businesses located within and outside the European Union, including many Canadian businesses. With fines of up...
Cybersecurity: Trends and Advice for Charities and Not-for-Profit
Miller Thomson’s Social Impact Group launches its series of breakfast seminars specifically targeting charities, non-profit organizations and social enterprises. Join us for the first breakfast on cybersecurity. **Please note this seminar will be delivered in French. Date: Wednesday, April 5,...
Employee Stock Option/Share Ownership Plans Seminar
An ESOP is an important compensation tool for many technology and other owner-managed businesses. Join us as our experts advise on the “do’s and don’ts” of setting up an ESOP. This seminar is designed for business owners, CFO’s, bankers, financial...
Embedding Security Into Big Data Environments
Technological advancement and expanded use of smart phones are creating significant opportunities for businesses, but competition is also growing. Disruptive technology operators are ever more capable of addressing the needs of their customers, cheaper, faster and better. An increasing need...
Canada’s Anti-spam Legislation (CASL)
J. Andrew Sprague presents on Canada’s Anti-spam Legislation (CASL) at the Law Society of Upper Canada (LSUC) and the Ontario Bar Association (OBA)’s joint program entitled “Countdown to Canada’s Anti-Spam Legislation: Make Sure You Are Ready” on April 7, 2014....
The New Canadian Anti-Spam Legislation
Brian Curial presents to the Strathcona Rotary Club on the new Canadian Anti-Spam Legislation.
Canada’s Anti-Spam Law: Are you ready?
Brian Curial presents a complimentary seminar on the new Canadian Anti-Spam Law.
How Smart is Your Contract? Legal Considerations Around Smart Contracts
Ontario Bar Association Information Technology and Intellectual Property Law section
In a 2016 report by the World Economic Forum, it was suggested that smart contracts based on blockchain technology could potentially codify financial agreements in a shared platform and guarantee execution based on mutually agreed conditions. This would significantly reduce manual...
It’s Official: Mandatory Data Breach Notification Coming on November 1, 2018
Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA”)....
Privacy Commissioner Gearing Up for Tougher Enforcement
On September 21, 2017, in a press conference following the publication of his 2016-17 Annual Report to Parliament on the Personal Information Protection and Electronic Documents Act and the Privacy Act, the Privacy Commissioner (the “Commissioner”) announced his plans to...
Alexandre Ajami is quoted in World Trademark Review blog article on geographical indication (GI) rights
World Trademark Review, "New opportunities for GI protection in Canada; food brands warned to tread carefully"
The article discusses the changes that have been made to Canada’s system of GI rights as a result of amendments to Canada’s Trademarks Act. Alexandre Ajami makes predictions as to how these changes will affect filings for GI, in addition to...
The Act to Implement CETA Comes Into Force and Extends Protection to Additional Geographical Indications
Most of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act (CETA Implementation Act) came into force on September 21, 2017. Among other things, this Act expands protection for geographical indications (GIs) and is of interest for anyone involved...
Supreme Court of Canada Rules on the Promise of a Patent
On June 30, 2017, the Supreme Court of Canada issued its much awaited decision on the so-called “promise doctrine” of patent utility (AstraZeneca Canada Inc. v. Apotex Inc. 2017 SCC 36). As applied for many years, the promise doctrine had...
Canada’s Proposed New Trademark Regulations Released for Comment
On June 19, 2017, the Canadian Intellectual Property Office (CIPO) released its draft Regulations under Canada’s new Trademarks Act, which received Royal Assent in 2014, but is not yet in force. A link to the draft Trademark Regulations is available...
Impression v. Lexmark* – Exhaustion of Patent Rights in the U.S.
In a highly anticipated decision addressing the doctrine of exhaustion of patent rights in the U.S., the Supreme Court of the United States has reversed the U.S. Federal Circuit’s decision and held that a patentee’s sale of a patented product...
Tips for Businesses Negotiating Cloud Agreements
IT in Canada Online
It seems like everyone is talking about the cloud as the new norm – if you’re not already in the cloud, odds are that you’re seriously considering it.
Draft Regulations Relating to Signage in Quebec and French Language
On May 4, 2016, the Quebec government followed through on its plan to amend the Charter of the French Language (the “Charter”), publishing draft regulations which require the sufficient presence of French when a trademark in a language other than...
GP Strategies acquires IC Axon
Canadian counsel to GP Strategies
CDP Investissements Inc. acquires equity stake in Groupe Conseil FX Innovation Inc.
Counsel to CDP Investissements Inc.
Mnubo raises $16.5 million in Series B financing
Counsel to Mnubo Inc.
Interaxon Inc. announces US$11.6 million in Series B-1 funding
Counsel to Interaxon Inc.
Glance Technologies closes rights offering
Counsel to Mackie Research Capital Corporation, the soliciting dealer and co-lead agent
Knowledgehook secures seed financing to fund expansion into global markets
Counsel to Knowledgehook
Jabil Circuit acquires Kuatro Technologies
Counsel to Jabil Circuit, Inc.
Appnovation Technologies acquires Wunderkraut Benelux
Counsel to Appnovation Technologies Inc.
Axonify raises US$27 million in growth equity funding
Counsel to Axonify Inc.
Simba Technologies acquired by Magnitude Software in cross-border transaction
IP counsel to Simba Technologies Inc.