Overview
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.
Notable matters
- 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.
