Rish Handa 

Counsel

Rish Handa

Montréal
1000 Sherbrooke Street West
Suite 2700
Montréal, Québec H3A 3G4

t: 514.987.5067
e: rish.handa@mcmillan.ca

overview

Rish practices in McMillan’s Business Law Group and its Privacy & Data Protection Group. He is experienced in corporate law, mergers and acquisitions, and corporate finance, and has specialized in technology, privacy, data protection, and intellectual property law.

Rish’s technology and privacy practice primarily involves advising clients regarding intellectual property licensing arrangements, commercialization and funding arrangements, privacy, cybersecurity, anti-spam compliance, and patent/copyright matters. He has a background in computer science and is well-versed in technological concepts.

Rish’s corporate/commercial practice primarily involves large and mid-cap transactions (acquisitions and divestitures), structuring shareholder arrangements, financings, as well as cross-border transactions with U.S. parties. He also advises on a variety of day-to-day commercial matters, including sales and distribution arrangements, and service agreements.

He provides counsel to technology firms, public and private entities, as well as start-ups and emerging companies. Rish has represented corporations in various industries, including information technology, video games, smartphones, energy & natural resources, and defense.

Before joining McMillan, Rish worked at a national Canadian law firm in business and information technology law.

Representative Matters

Regularly advises on intellectual property, information technology, privacy, and data security in M&A transactions.

  • Share acquisition of SaaS platform for computerized maintenance management system (CMMS) software provider by private equity firm.
  • Share acquisition of information governance and compliance software provider by US eDiscovery software provider.
  • Share acquisition of imaging and document management software provider by US oil and gas software provider.
  • Share acquisition of healthcare imaging software provider by Australian enterprise imaging software provider.
  • Share acquisition of a consulting service provider specializing in risk and loss assessment by global competitor.
  • Share acquisition of medical diagnostic software provider by private equity firm ($600m+).
  • Share acquisition of large North-American furniture manufacturer by private equity firm ($200m+).
  • Share acquisition of nondestructive testing equipment manufacturer by private equity firm ($100m+).
  • Share acquisition of translation software provider by private equity firm.
  • Share acquisition of technology services and consulting provider by private equity firm.
  • Advised on IP, privacy, and export controls in the acquisition of a Canadian electronics manufacturer.
  • Advised on impact of data breach as part of share acquisition.
  • Advised on privacy aspects of a sale of a clinical packaging business.

Regularly advises on services contracts, including related licensing and support arrangements.

  • Drafted products and services contract, including related software licence agreement, and software maintenance and support agreement for solutions for petroleum and propane distribution industries.
  • Drafted master services arrangement for the development of smart home products in the residential real estate sector.
  • Advised on master services arrangement for a data analytics service provider in a service/licensing deal with a large airline.
  • Advised on software services arrangements between platform provider and multiple municipal governments.
  • Advised on software services arrangements between platform provider and the Canadian automotive industry.
  • Advised on development and licensing arrangement of software portal for a multinational industry association, including an option to purchase.

Regularly advises on privacy law, cybersecurity, and anti-spam law (CASL).

  • Advised on application of Canadian and Québec privacy law to global, intra-company transfers of data and personal information.
  • Advised on privacy practices involving personal health information, telematics, location information, and other sensitive information.
  • Advised on privacy requirements for voice recognition systems and services.
  • Advised on privacy requirements for temperature detection systems during COVID-19 pandemic.
  • Advised on privacy requirements for airlines.
  • Advised on privacy requirements for customer databases and member directories.
  • Advised on privacy requirements for employment application website tool.
  • Advised on privacy requirements for cross-border franchise operations.
  • Regularly drafts and reviews terms of use and privacy policies for Canadian (including Québec) compliance.
  • Regularly drafts and reviews data handling agreements (DHAs).

Regularly advises on intellectual property licensing matters.

  • Drafted IP licence agreement for patented technologies and product portfolios.
  • Drafted IP licence agreements to allow use of celebrity IP in association with cannabis products.
  • Drafted IP licence agreement for wafer processing technology for use in semiconductor fabs.
  • Drafted limited software distribution and licence agreement for the distribution of scientific development software via the internet on an on-demand basis.
  • Drafted joint venture agreement for co-licensing of ore processing technologies in the mining industry.
  • Advised on licence agreement for ore processing technology in the mining industry.
  • Advised on software evaluation agreement between developer and large operating system developer / application platform provider.
  • Advised on integrator agreement for product supplier in the transportation industry.
  • Regularly drafts and reviews EULAs.

Regularly advises on other intellectual property and regulatory matters.

  • Regularly drafts and advises on IP assignment agreements.
  • Drafted joint venture agreement for offshore online gaming operation.
  • Advised on web scraping to a multinational industry association.
  • Advised on eSports and online gaming activities in Québec.

Regularly advises on telecommunications and other regulatory matters.

  • Advised on transmission facility and reseller registration requirements.
  • Advised on the Unsolicited Telecommunications Rules, including the Do Not Call List (DNCL) rules and Automatic Dialing-Announcing Devices (ADAD) rules.

Other matters.

  • Regularly advises on vendor and customer supply agreements.
  • Regularly advises on non-disclosure agreements and matters of confidentiality.
  • Drafts distribution agreement for personal protective equipment during COVID-19 pandemic.
  • Advised on Center of Excellence agreement in partnership with a public body.

Presentations

Publications

Bill 64: Modernizing Québec's Privacy Regime
Bill C-4 Receives Royal Assent: Incoming Changes to the Intellectual Property Landscape
Canada's New Internet Code

News

McMillan Welcomes - Rish Handa

Education

  • Osgoode Hall Law School, Canadian Securities Law and Practice Intensive Course - 2014
  • Queen Mary Intellectual Property Research Institute, University of London (U.K.), Ph.D. research - 2007-2011
  • McGill University, LL.M. - 2007
  • University of British Columbia, LL.B. - 2005
  • McGill University, B.Sc. (Computer Science & Business) - 2002

Year Of Call

  • Called to the Québec bar - 2011
  • Called to the Ontario bar - 2006

Practices

CASL - spam and other electronic threats
cybersecurity
fintech
intellectual property
licensing
mergers and acquisitions
privacy and data protection
private equity
technology
venture capital

Industries

applied technology
biotechnology
cleantech
information technology
private equity - buyouts & venture capital investment
telecommunications
venture capital
startups and emerging companies

Directorships and Professional Associations

  • Canadian Technology Law Association (CAN-TECH)
  • American Bar Association (ABA), Science & Technology Law Section
  • International Association of Privacy Professionals (IAPP)
  • Faculty of Law, McGill University, Young Alumni Board, Board member
  • UBC Alumni Executive Committee (Montreal Section)
  • Co-founder of the Queen Mary Journal of Intellectual Property (QMJIP)

Awards & Rankings

  • Awarded School of Law Studentship (full scholarship), Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, University of London (UK), 2007-2010
vcard

Rish practices in McMillan’s Business Law Group and its Privacy & Data Protection Group. He is experienced in corporate law, mergers and acquisitions, and corporate finance, and has specialized in technology, privacy, data protection, and intellectual property law.

Rish’s technology and privacy practice primarily involves advising clients regarding intellectual property licensing arrangements, commercialization and funding arrangements, privacy, cybersecurity, anti-spam compliance, and patent/copyright matters. He has a background in computer science and is well-versed in technological concepts.

Rish’s corporate/commercial practice primarily involves large and mid-cap transactions (acquisitions and divestitures), structuring shareholder arrangements, financings, as well as cross-border transactions with U.S. parties. He also advises on a variety of day-to-day commercial matters, including sales and distribution arrangements, and service agreements.

He provides counsel to technology firms, public and private entities, as well as start-ups and emerging companies. Rish has represented corporations in various industries, including information technology, video games, smartphones, energy & natural resources, and defense.

Before joining McMillan, Rish worked at a national Canadian law firm in business and information technology law.

Regularly advises on intellectual property, information technology, privacy, and data security in M&A transactions.

  • Share acquisition of SaaS platform for computerized maintenance management system (CMMS) software provider by private equity firm.
  • Share acquisition of information governance and compliance software provider by US eDiscovery software provider.
  • Share acquisition of imaging and document management software provider by US oil and gas software provider.
  • Share acquisition of healthcare imaging software provider by Australian enterprise imaging software provider.
  • Share acquisition of a consulting service provider specializing in risk and loss assessment by global competitor.
  • Share acquisition of medical diagnostic software provider by private equity firm ($600m+).
  • Share acquisition of large North-American furniture manufacturer by private equity firm ($200m+).
  • Share acquisition of nondestructive testing equipment manufacturer by private equity firm ($100m+).
  • Share acquisition of translation software provider by private equity firm.
  • Share acquisition of technology services and consulting provider by private equity firm.
  • Advised on IP, privacy, and export controls in the acquisition of a Canadian electronics manufacturer.
  • Advised on impact of data breach as part of share acquisition.
  • Advised on privacy aspects of a sale of a clinical packaging business.

Regularly advises on services contracts, including related licensing and support arrangements.

  • Drafted products and services contract, including related software licence agreement, and software maintenance and support agreement for solutions for petroleum and propane distribution industries.
  • Drafted master services arrangement for the development of smart home products in the residential real estate sector.
  • Advised on master services arrangement for a data analytics service provider in a service/licensing deal with a large airline.
  • Advised on software services arrangements between platform provider and multiple municipal governments.
  • Advised on software services arrangements between platform provider and the Canadian automotive industry.
  • Advised on development and licensing arrangement of software portal for a multinational industry association, including an option to purchase.

Regularly advises on privacy law, cybersecurity, and anti-spam law (CASL).

  • Advised on application of Canadian and Québec privacy law to global, intra-company transfers of data and personal information.
  • Advised on privacy practices involving personal health information, telematics, location information, and other sensitive information.
  • Advised on privacy requirements for voice recognition systems and services.
  • Advised on privacy requirements for temperature detection systems during COVID-19 pandemic.
  • Advised on privacy requirements for airlines.
  • Advised on privacy requirements for customer databases and member directories.
  • Advised on privacy requirements for employment application website tool.
  • Advised on privacy requirements for cross-border franchise operations.
  • Regularly drafts and reviews terms of use and privacy policies for Canadian (including Québec) compliance.
  • Regularly drafts and reviews data handling agreements (DHAs).

Regularly advises on intellectual property licensing matters.

  • Drafted IP licence agreement for patented technologies and product portfolios.
  • Drafted IP licence agreements to allow use of celebrity IP in association with cannabis products.
  • Drafted IP licence agreement for wafer processing technology for use in semiconductor fabs.
  • Drafted limited software distribution and licence agreement for the distribution of scientific development software via the internet on an on-demand basis.
  • Drafted joint venture agreement for co-licensing of ore processing technologies in the mining industry.
  • Advised on licence agreement for ore processing technology in the mining industry.
  • Advised on software evaluation agreement between developer and large operating system developer / application platform provider.
  • Advised on integrator agreement for product supplier in the transportation industry.
  • Regularly drafts and reviews EULAs.

Regularly advises on other intellectual property and regulatory matters.

  • Regularly drafts and advises on IP assignment agreements.
  • Drafted joint venture agreement for offshore online gaming operation.
  • Advised on web scraping to a multinational industry association.
  • Advised on eSports and online gaming activities in Québec.

Regularly advises on telecommunications and other regulatory matters.

  • Advised on transmission facility and reseller registration requirements.
  • Advised on the Unsolicited Telecommunications Rules, including the Do Not Call List (DNCL) rules and Automatic Dialing-Announcing Devices (ADAD) rules.

Other matters.

  • Regularly advises on vendor and customer supply agreements.
  • Regularly advises on non-disclosure agreements and matters of confidentiality.
  • Drafts distribution agreement for personal protective equipment during COVID-19 pandemic.
  • Advised on Center of Excellence agreement in partnership with a public body.
July 2020
Bill 64: Modernizing Québec's Privacy Regime

Business Law Bulletin

March 2020
Bill C-4 Receives Royal Assent: Incoming Changes to the Intellectual Property Landscape

Intellectual Property and International Trade Bulletin

December 2019
Law & AI

Ivey Business Journal

November 2019
Canada's New Internet Code

Telecommunications Bulletin

2007
A Critical Comparison between Australian and Canadian Creditor Protection Regimes: Voluntary Administration and CCAA
Annual Review of Insolvency Law, Toronto, Thomson Canada Limited, 2007

2007
The Extraterritorial Dimension of Patent Law Systems
Université McGill, 2007