Mitch Koczerginski 

Mitch Koczerginski

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7262
e: mitch.koczerginski@mcmillan.ca

overview

Mitch is an associate in the Advocacy and Litigation Group. He is developing a broad practice in complex corporate and commercial litigation, including in such areas as franchising, construction and privacy.

Mitch has experience in handling franchise and distributorship disputes, construction disputes, internet disputes, product liability disputes and a wide range of contractual and business relationship disputes.

Mitch also has a strong background in privacy and technology law. He has argued before the Ontario Information and Privacy Commissioner on a variety of matters, including access to information appeals. Mitch also has advised and represented clients in connection with privacy and data breaches involving different types of information including payment card information, personal information, and sensitive identity information. 

Mitch returned to the firm as an associate in 2015 after summering and completing his articles at McMillan.

Representative Matters

  • Canadian counsel for SABMiller plc regarding Canadian Competition Bureau clearance of its US $107 billion take-over by Anheuser Busch InBev SA/NV

Presentations

Publications

Cybersecurity – The Legal Landscape in Canada
Sneak Peek at PIPEDA's Breach Reporting Requirements - Proposed Regulations Released for Comment
Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant
Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases
Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable
Ontario Court of Appeal to Franchisors: "Comply with your disclosure requirements, or else..."
Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?
Are You Ready for CASL's Private Right of Action?
The Cybersecurity Implications of Driverless Cars
"Going Dark" – No Easy Answers on the Cybersecurity Horizon
A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract
Cybersecurity and the Internet of Things
Decrypting the iPhone - Everybody's Got Something to Hide, Except Me and My Monkey
Introducing Safe Harbour 2.0: the EU-US Privacy Shield
The Privacy Commissioner's Annual Report on the Privacy Act
Can you keep a secret? The courts recognize a new tort for public disclosure of private facts
Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016
Bring Your Own Device ("BYOD") Programs: Strategic Considerations to Reconcile Security and Privacy Issues
Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea
Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy
Bring Your Own Device (BYOD) – A Primer for Employers

Education

  • University of Ottawa, J.D., cum laude - 2014
  • Michigan State University, J.D., cum laude - 2014
  • University of Western Ontario, B.A. (Philosophy) - 2010

Year Of Call

  • Called to the Ontario bar - 2015

Practices

privacy and data protection
business litigation
construction litigation
defamation and libel
freedom of information and access to information
cybersecurity
franchise and distribution
franchising and distribution disputes
litigation
commercial real estate
leasing

Industries

information technology
construction
franchising and distribution
startups and emerging companies

Awards & Rankings

  • University of Ottawa Faculty of Law, Dean's list
  • Michigan State University College of Law, Dean's list

Mitch is an associate in the Advocacy and Litigation Group. He is developing a broad practice in complex corporate and commercial litigation, including in such areas as franchising, construction and privacy.

Mitch has experience in handling franchise and distributorship disputes, construction disputes, internet disputes, product liability disputes and a wide range of contractual and business relationship disputes.

Mitch also has a strong background in privacy and technology law. He has argued before the Ontario Information and Privacy Commissioner on a variety of matters, including access to information appeals. Mitch also has advised and represented clients in connection with privacy and data breaches involving different types of information including payment card information, personal information, and sensitive identity information. 

Mitch returned to the firm as an associate in 2015 after summering and completing his articles at McMillan.

  • Canadian counsel for SABMiller plc regarding Canadian Competition Bureau clearance of its US $107 billion take-over by Anheuser Busch InBev SA/NV

October 2017
Cybersecurity – The Legal Landscape in Canada

Cybersecurity Bulletin

May 2017
Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

Business Law, Labour and Employment, Franchising and Distribution Bulletin

January 2017
Are You Ready for CASL's Private Right of Action?

Privacy and Class Action Bulletin

December 2016
The Cybersecurity Implications of Driverless Cars

Cybersecurity Bulletin

November 2016
"Going Dark" – No Easy Answers on the Cybersecurity Horizon

Cybersecurity Bulletin

Canadian Corporate Counsel, Volume 25, Number 7

Watch a video synopsis of this article here

May 2016
Cybersecurity and the Internet of Things
Article reprinted from the May 2016, Volume 13, Number 6 issue of Canadian Privacy Law Review; This article was first published in Canadian Corporate Counsel, a Thomson Reuters Canada publication
September 2014
Bring Your Own Device (BYOD) – A Primer for Employers

Employment and Labour Bulletin

December 2013
Cloud Computing: Privacy and Other Risks
Employment and Labour Bulletin
Submitted to the Canadian Corporate Counsel Association (CCCA) webinar, December 2013
November 14, 2017
Updates on the Case Law
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario