Technology

Overview

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. 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 a large number of practitioners, each of whom contributes a different aspect of expertise that is relevant to vendors and purchasers of technology-related products and services. The group members practise in a range of legal areas (M&A, corporate/commercial, private equity, corporate finance, e-commerce) and industries (financial services, resource sector). And several of these lawyers have education and backgrounds in engineering and computer science.
  • Creativity – We are known for developing creative solutions for the toughest problems. We apply our strong legal and business skills to find common-sense business solutions.
  • Facilitative Approach – We have earned a reputation for having a practical and facilitative approach to negotiations.
  • 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.

Osler’s technology team combines practitioners with subject-matter expertise and industry knowledge relevant both to vendors and purchasers of technology-related products and services. Areas of specialization include the following:

  • IT Contracting – Osler has represented businesses on IT contracting matters for more than 25 years. Our IT contracting team has specialized expertise on all aspects of information technology transactions, including 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. We represent both purchasers and vendors of outsourced services in a broad range of sectors, including financial services, logistics, transportation, healthcare and information technology.
  • 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.
  • Corporate/Commercial – Our corporate/commercial team has significant experience advising emerging technology companies across all of their corporate and commercial legal matters – in effect, acting as general counsel for these companies – to help them deal with a wide range of business issues. We provide cost-effective, value-added and practical legal advice that takes into account each client’s needs. In addition, Osler’s technology practice lawyers play either a leading or supporting role in many mergers and acquisitions and in corporate finance transactions.

Recent examples of our transactional work include the following:

IT Contracting

  • Major financial institution on conversion to chip (“smart”) credit and debit cards.
  • Strategic joint venture relationship between two 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.
  • Leading provider of online services on strategic relationships with public sector customers.
  • Numerous supplier clients on government procurement projects, including complex licensing and systems integration mandates.

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.
  • Complaints before Privacy Commissioner of Canada.

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.
Related Expertise

Michael Fekete

Partner, Technology
Toronto

Wendy Gross

Partner, Technology
Toronto

Craig Wright

Partner, Corporate
Ottawa

Shahir Guindi

Montréal Managing Partner
Montréal

Frank Turner

Partner, Corporate
Calgary

  • Canadian Legal Lexpert Directory, 2017, Montreal, Quebec, Osler ranked in the area of Computer & IT Law practice as Repeatedly recommended.
  • Canadian Legal Lexpert Directory, 2017, Ottawa, Ontario, Osler ranked in the area of Computer & IT Law practice as Repeatedly recommended.
  • Canadian Legal Lexpert Directory, 2015-2017, Toronto, Ontario, Osler ranked in the area of Computer & IT Law practice as Most frequently recommended.
  • Canadian Legal Lexpert Directory, 2017, Montreal, Quebec, Osler ranked in the area of Technology Transactions practice as Consistently recommended.
  • Canadian Legal Lexpert Directory, 2017, Ottawa, Ontario, Osler ranked in the area of Technology Transactions practice as Consistently recommended.
  • Canadian Legal Lexpert Directory, 2015-2017, Toronto, Ontario, Osler ranked in the area of Technology Transactions practice as Most frequently recommended.
  • The Legal 500, 2016-2017, recognized in the area of Technology, Media and Telecoms.
  • Chambers Global: The World's Leading Business Lawyers, 2016-2017, Osler ranked in Band 1, recognized in the area of Information Technology.  
  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2017, Band 1, recognized in the area of Information Technology.   
    • "The service has been absolutely excellent. The lawyers are responsive, they always meet their time commitments and they are knowledgeable."
    • "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."
  • The Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada, 2015-2016, Osler lawyers recognized in the area of Technology Transactions.
  • The Best Lawyers in Canada, 2016, Osler lawyers recognized in the area of Information Technology.
  • Legal Media Group’s Expert Guides, 2015, Osler lawyers are recognized in the area of Information Technology.