Our Information Technology Group

The information technology industry plays an essential role in Canada's economy. Virtually, all facets of business today are driven by some form of computer network.  Instant access to information is more than a business reality - it is a business requirement.  Information management and data exchange have always been essential to business success but now takes place at a remarkable speed. The need of business to understand and work with the laws underpinning this new economy have never been greater. We provide our clients with the information and advice they need to understand the legal and regulatory framework of this new economy.

Our Information Technology (IT) Group has proven expertise in providing technology law and intellectual property services to all industry sectors, including the information technology sector.  The IT Group employs a multi-disciplinary approach to provide IT clients with innovative, precise and practical solutions.

Whether our client's core business is in the field of information technology or is affected only incidentally by new technological developments, we are well-positioned to provide up-to-date and timely advice.; Members of our Group work closely with lawyers in other specialized areas, including tax, mergers and acquisitions, banking, capital markets, competition, insurance, employment, intellectual property and litigation to provide a full range of legal services.  Accordingly, we can readily assemble appropriate teams to handle complex commercial transactions such as the establishment of a strategic alliance, outsourcing agreements, or an initial public offering in the technology sector.  We can also provide dispute resolution assistance with respect to information technology-related issues and contracts.

Our Services

Agreements

Our IT Group negotiates, drafts and reviews various IT-related agreements, including:

  • Outsourcing agreements
  • Procurement of information systems agreements
  • Software and other technology licenses
  • Software development agreements
  • Distribution arrangements
  • Website development and hosting agreements
  • Financing agreements
  • Consulting/professional services agreements
  • Confidentiality and non-disclosure agreements

Electronic Commerce, the Internet and E-mail

Our IT Group also works with our clients to develop strategies and policies that are relevant to their business:

  • Domain registration strategies
  • Electronic banking
  • Use of the Internet for marketing and trade
  • Electronic formation of contracts
  • Portal agreements
  • Development of corporate policies related to e-mail and Internet access by employees
  • Electronic data interchange (EDI) and negotiation of trading partner agreements
  • Privacy issues
  • Tax issues
  • Jurisdictional issues
  • Electronic network security

Intellectual Property

  • Patent and trademark searches and applications
  • Trade secret agreements
  • Copyright protection

Computer Crime and Evidence

  • Use of computer and electronic-based evidence in judicial and administrative proceedings
  • The application of criminal law to the misuse of computers, networks and data

Our Experience

Borden Ladner Gervais LLP provides legal and intellectual property services to a wide range of companies in the information technology sector from start-ups to publicly traded corporations.  We also serve the needs of their suppliers and customers, including the following:

  • Information Technology Industry - We act for suppliers, distributors and retailers of computer systems, software and information products (such as databases and processing services), providing advice with respect to all aspects of their business.  In particular, we assist such companies with sales, licenses and services agreements, contract administration and product distribution (including marketing and competition law).
  • Litigation and Dispute Resolution - Our IT Group works with our clients to resolve any IT or IP disputes which they may encounter and to obtain damages where they have been wronged or injunctive relief where it is required.
  • Users of Information Systems - We act for many users of information systems, including manufacturers, retailers, hospitals, school boards, universities, colleges, government agencies, banks and insurance companies, providing advice on all matters relating to the procurement and use of technology.
  • Publishers and Suppliers of Multimedia Products - We prepare and negotiate various publishing agreements, including agreements for the distribution of computerized databases by the Internet and CD-ROM.
  • Financial Institutions and Capital Market Participants - We act on behalf of various financial institutions in connection with the implementation of electronic commerce projects.  We also assist financial institutions and their suppliers in connection with the acquisition or supply of a wide range of information technology products, such as financial data and trading floor systems.  We also assist capital market participants in the securities and mutual fund industry in website development, electronic trading and document delivery.
  • New Venture Assistance - We provide all types of business formation assistance to new start-ups, including incorporations, shareholder and partnership agreements.

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