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Commercial
We prepare, negotiate and provide advice on a wide variety of commercial contracts, including purchase and sale agreements, supply, sale, distribution, licensing, marketing and manufacturing agreements. We also assist in drafting and reviewing contests and advertising copy. We have particular depth of experience in dealing with commercial issues in the e-commerce, retailing, advertising, marketing and broadcasting industries.
Our approach to commercial contracts is tough but flexible, technically proficient but not dogmatic. While we strive to ensure that each agreement we negotiate is clear and accurate, we concentrate on the contractual issues that are critical to our client in order to minimize costs and get the deal done.
Litigation
Our litigation practice is limited to commercial and regulatory litigation related to intellectual property, privacy, defamation, e-commerce, broadcasting, marketing and advertising.
Our founding partner Mark Hayes has been certified as a Specialist in Civil Litigation since 1994 and as a Specialist in Intellectual Property since 2004. He has participated in a wide range of commercial and regulatory litigation at the trial and appellate levels, and has extensive experience before the Copyright Board of Canada.
Our approach to litigation is strategic and cost-effective. Our partners work with our junior lawyer and experienced law clerk to reduce the cost of documentary production, interlocutory motions and trial preparation. We believe that litigation is a last resort, but if it is necessary then it should move as quickly as possible towards a resolution, whether through negotiation or a trial or other hearing. We pride ourselves in devising innovative solutions to each client’s issues.
Intellectual Property
We provide commercial and litigation solutions to intellectual property issues, including registrations, licensing, assignments and other exploitation of copyright and trade-marks.
Our founding partner Mark Hayes has been at the forefront of copyright reform issues for over 15 years. In 1997, he was the author of the copyright section of “Cyberspace is Not A ‘No-Law’ Land”, the groundbreaking Industry Canada study on Internet liability issues. He has represented numerous organizations and trade associations in understanding and influencing the direction of Canadian copyright law and policy.
Our partner Debra Montgomery is a registered trade-mark agent and has practiced IP law in boutique IP firms and as in-house counsel at companies in the entertainment and financial services industries.
Privacy
We work with a wide range of clients to assist them in compliance and contractual issues relating to Canadian privacy law and practice, including drafting and reviewing privacy policies and procedures and designing personal information practices to ensure compliance. We have assisted many companies in planning for and responding to data breaches and other privacy compliance issues.
We also have extensive experience in freedom of information and government disclosure issues, especially as they impact on commercial organizations. We have assisted a number of clients in developing strategies for protecting confidential business information from disclosure by government agencies, and have also been involved in creating corporate intelligence strategies using federal and provincial freedom of information statutes and regulations to collect competitive data about other industry players.
Our founding partner Mark Hayes has been a leader in Canadian privacy law since 1998. He has spoken and written extensively on privacy issues, and is the author of the critically-acclaimed “Privacy Law in Canada”, a treatise on Canadian privacy law included in the US publication “Proskauer on Privacy”. Mark has particular experience dealing with privacy issues in the financial services, marketing, e-commerce and broadcasting industries.
Technology
We provide a wide range of commercial and litigation services to technology companies of all kinds. We negotiate and draft a variety of technology agreements, including confidentiality and non‑competition agreements, licensing agreements, design and development agreements, distribution agreements, service level and maintenance agreements, technology and software escrow agreements, website terms and conditions and other on-line agreements and government procurement agreements for IT and electronic goods and services. We have particular expertise in the licensing and distribution of entertainment and media products in the online and mobile environment.
Our technology litigation services are unique because we combine an in-depth understanding of technology issues with outstanding litigation skills and experience. We strive to find innovative solutions to issues through alternative dispute resolution, proactive negotiation and targeted, cost-effective litigation proceedings.
Media and Entertainment
We provide commercial, regulatory and litigation services for many individuals and organizations in numerous segments of the media and entertainment industries. Our partners have acted for broadcasters, TV and motion picture producers, actors, musicians, publishers, authors, video game producers, sports leagues and teams, theatres and other venues, as well as individuals and organizations dealing with the media and entertainment industries as licensees, suppliers or consumers.
Our partner Debra Montgomery was in-house counsel to a large theatrical organization and has a wide range of experience in touring and talent arrangements.
In addition to our extensive experience before the Copyright Board of Canada, we have made submissions to the Canadian Radio-television and Telecommunications Commission (CRTC) and Advertising Standards Canada and have litigated many disputes involving media and entertainment companies.
