Commercial Technology Transactions

Three computer screens with programs opened.

Osler’s technology practice is internationally recognized for applying strong legal and business skills to find common-sense business solutions. We are counsel to many of the leading vendors and largest purchasers of technology-related products and services, including in the rapidly developing field of artificial intelligence. As well, we represent mid-sized and emerging enterprises as they look to develop and enhance their market position.

The specialized knowledge and experience of Osler’s technology team translate to advice that is practical, relevant and cost-effective. Our success has been built upon the following differentiating factors:

Industry knowledge – We have a deep understanding of the technology sector and the related opportunities and challenges faced by our clients.

Depth – Osler’s technology team comprises practitioners with broad expertise that is relevant to vendors and purchasers of technology-related products and services and several of these lawyers have education and backgrounds in engineering and computer science.

Delivering value – We understand the importance of clients receiving value for the fees we charge. We work with our clients to develop fee estimates and strategies for ensuring that legal costs are consistent with their expectations.

Areas of specialization include the following:

IT contracting – Our IT contracting team has specialized expertise in all aspects of information technology transactions, including AI, software licensing and maintenance, systems integration projects, reseller arrangements, government procurement and open-source software.

Outsourcing and complex services arrangements – Our internationally recognized strategic outsourcing team has decades of industry-leading experience working with our clients on complex onshore, near-shore and offshore transactions.

Privacy – Our privacy team has specialized knowledge and experience regarding all aspects of privacy and data protection laws that affect technology-related businesses and transactions, including the handling of personal information.

Policy and Regulation – Our lawyers play a crucial role in advising organizations on the legal and regulatory landscape surrounding technology, guiding businesses in navigating complex issues related to AI, data privacy, cybersecurity, intellectual property, and compliance. Their expertise helps organizations develop effective strategies to ensure legal compliance and mitigate risks.

Corporate/commercial – Osler’s technology practice lawyers play either a leading or supporting role in many mergers and acquisitions and in corporate finance transactions in the technology sector.

Recent examples of our transactional work include the following:

IT contracting

  • contracting arrangements for the delivery of driver examination services for a provincial government
  • strategic joint venture relationship between leading ICT companies
  • vendor on complex design and build project in insurance sector
  • system integrator on agreement for deployment of enterprise-wide SAP for Utilities solutions
  • shared services organization on procurement of digital medical imaging repository technology

Outsourcing

  • major Canadian bank on a significant outsourcing of facilities management activities, including establishing services on a cross border basis for a large number of premises for multiple parties
  • major mining company in a significant remote infrastructure outsourcing arrangement
  • multi-national outsourcing provider in the negotiation of several major offshore outsourcing transactions with major Canadian enterprises

Privacy

  • service providers, Internet-based businesses and their customers on compliance with Canadian privacy, anti-spam and anti-spyware requirements
  • enterprises on Internet-related privacy issues involving collection, use and sharing of personal information
  • cross-border privacy issues, including the rules which govern the transfer of data outside of Canada
  • responding to data breach issues, including strategies for mitigating related harm and for complying with data breach notification obligations

Corporate/commercial

  • various corporate matters including shareholder agreements, voting trust agreements, option and other equity-based compensation plans and governance matters
  • various commercial matters including supply agreements, distribution agreements, customer agreements, research agreements and non-disclosure agreements
  • various financing transactions
  • board and shareholder meetings, and attending at such meetings

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Wendy Gross

Partner, Technology

Toronto

Michael Fekete

Partner, Technology

Toronto

  • Chambers Canada: Canada’s Leading Lawyers for Business: Information Technology (Band 1)
    • "The service has been absolutely excellent. The lawyers are responsive, they always meet their time commitments and they are knowledgeable."
    • "Their strengths include deep expertise in competition, IP and privacy law. They also have excellent drafting and negotiation sills for complex IT transactions."
    • "Go-to firm for complex or bespoke work."
    • "They're a top-notch firm - they deliver sound, practical advice and understand the needs of our business."
  • Chambers Canada AwardsOsler named ‘Technology Law Firm of the Year’, 2019
  • Chambers Global: The World's Leading Lawyers for Business: Recognized in Information Technology (Band 1)
  • The Canadian Legal Lexpert Directory: Recognized in Computer & IT Law; Technology Transactions (Montreal, Quebec; Ottawa, Ontario; Toronto, Ontario)
  • The Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada: Osler lawyers recognized in Technology Transactions
  • Legal 500: Recognized in Technology (Tier 1)