Startups & Emerging Companies
Your idea could revolutionize the world and disrupt the current state of the market… but where do you begin?
As your trusted legal advisors, our mission is to support your mission. At McMillan LLP, we understand the drive, dedication and passion you bring to your project, which is why we revel in the opportunity to work with change agents, innovators and creators. This is the main reason we have launched Startups @ McMillan, the McMillan team on the ground, in the community that seeks out entrepreneurs and their startups in all fields. We aim to provide the tools and services needed to launch an idea, so founders can focus on the big picture.
No matter what the dynamics of a mandate are or what stage an idea is at, if it matters to you, then it most certainly matters to us. We like to make things happen—and in doing that, get things done the right way.
At McMillan, we understand the unique challenges founders and their startups face, including the focus on finances, especially at the start of a long journey. We are proud to be able to provide nimble legal services that are tailored to suit the specific needs of founders and startups, at rates and understandings that fit with the relevant business. Our goal is to protect you and your idea; and to be able to do that effectively, we chose to not use one-size-fits-none templates, which seem so common nowadays.
Startups @ McMillan is not a predetermined package because we have not met all of you yet. Rather, it is a commitment to work with founders and startups on navigating through all of their needs, including, for example, Corporate Structure & Governance, e-commerce and Data Protection, Financing, Dispute Resolution and Litigation, Commercial Contracts, Labour and Employment, Intellectual Property Protection, Real Estate, Branding and Advertising, and just about anything else that rears its head. We don’t presume to know what will work for you until we have the opportunity to meet you and understand your idea and/or business.
Along with our legal prowess, we believe we have a culture that fosters an innovative spirit. This results in our ability to provide cost-effective, feasible solutions—while not sacrificing on our superior quality of service.
Startups @ McMillan offers an initial complimentary consultation to help customize a package of the type of legal services we could offer you.
We are committed to helping all of our clients achieve their business objectives while satisfying legal obligations. We would love the opportunity to learn more about your values and vision. Your success is very much our success, too.
Insights (39 Posts)
The Bureau Issues Final Enforcement Guidance on the New Criminal Prohibition on Wage-Fixing and No-Poaching Agreements
Providing insights on the Competition Bureau’s 2023 Guidelines describing the Bureau’s approach to wage-fixing and no-poaching agreements.
The Present and Future of A.I. Regulation
Join us for a session with industry experts who will share valuable insights into the latest trends and developments in artificial intelligence with a particular focus on regulation.
Clocking In and Opting Out: Quebec CAI Issues Warning About Biometric Time Clocks in the Workplace
Following CAI's recent observations, this bulletin provides guidance to comply with the applicable requirements to implement biometric time clocks in Quebec.
AI Regulatory Roundup – International Developments in AI Law and Policy
An overview of recent Canadian and international developments related to the regulation of artificial intelligence technologies.
On the Plus Side: An Overview of SEDAR+ and How to Get Ready by May 1, 2023
An overview of the new integrated records filing system, SEDAR+, launching June 13, 2023.
Capital Pool Companies and Opportunities for Raising Growth Capital and Going Public in Canada
Together with TMX, join a panel discussion with industry leaders as they provide an overview of opportunities in the Canadian capital markets and the Capital Pool Company (“CPC”) program. They will speak on structuring and listing a CPC and key considerations in completing a Go-Public Transaction.
Trends and Developments in Cryptocurrency: What the Experts are Seeing in the Tracing, Seizing and Safeguarding of Digital Assets, and Why So Much Value is Being Lost
Together with Lowenstein Sandler, join McMillan for a series of engaging panels with industry leaders who will share valuable insights into the newest crypto trends and developments, with a particular emphasis on the below areas of risk.
Canada’s Budget 2023: Compromise and Competition – Climate, Carbon and CCfDs
An update on Canada’s Budget 2023 and the future of carbon contracts for differences (CCfDs) in Canada.
Trademark of Foreign Owner Invalidated on the Basis of Bad Faith
Awareness of a senior rights holder’s trademark and its prior use of such trademark in Canada is relevant to the assessment of bad faith.
Québec: Bill 96’s Impact on Franchise Businesses
Impact of new French language regulations in the franchise space.
Display of Trademark on Stickers Affixed to Goods Constitutes Trademark Use
Displaying a retailer’s trademark on stickers affixed to goods already branded with a third party’s mark constitutes "use" of a trademark in Canada.
Plan for the Ban: New Year, New Canadian Plastics Regulation Update
An update on recent Canadian developments related to plastics and extended producer responsibility
Ontario’s Proposed Capital Markets Act Fails to Crack the Code for Regulating Crypto
The draft Capital Markets Act grants the OSC broad discretion to deem a crypto asset a security, resulting in a lack of industry certainty as to its application
Raising Money with the Offering Memorandum Prospectus Exemption: CSA Adopts Additional Requirements with a Focus on Real Estate Issuers and Collective Investment Vehicles
The CSA recently announced the adoption of amendments to the offering memorandum exemption in National Instrument 45-106 and the Companion Policy to NI 45-106.
Modernization of the Investment Canada Act is Underway
The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.
No Goodwill Absent Use or Registration – Recent Decision Confirms Established Trademark Principles
Case comment on 2788610 Ontario Inc. v. Bhagwani  O.J. No. 778. Interlocutory injunctions in trademark and passing off cases.
Government of Alberta to Regulate Health Care Practitioners Administering Psychedelics
Alberta is implementing a new framework for regulating and licensing health care providers in connection with administering psychedelics.
Can they really do that? Understanding the limits of governmental permitting and compliance powers
While every company strives to achieve constructive relations with regulators, sometimes this is not enough. In such cases, understanding the rules that apply to regulators and the limits of their powers can be essential to levelling the playing field.
Structuring Private Equity Real Estate Funds in Canada
This bulletin provides an overview of structuring private equity real estate funds in Canada.
Kicking the Habit: The Federal Court of Canada Nixes the “Problem-Solution” Approach – Again
The Federal Court puts an end to the “Problem-Solution” Approach of analyzing patent applications - again. Read more about the Court's decision here.
Protecting International Brands: Bad Faith Filing Leads to Expungement of Trademark Registration
A trademark registration in Canada is invalid if the application for registration was filed in bad faith.
Venture Capital Funding for Start-ups and Emerging Companies
Government of Canada's request-for-proposal for the Venture Capital Catalyst Initiative, providing $450 million in funds to the venture capital sector.
Budget 2022 Amends Legislation to Tackle Unfairly Traded Imports
Changes announced in Budget 2022 make it easier for Canadian producers to tackle unfairly traded imports.
Latitude Check: Federal Court Finds that a Line of Latitude is a Place of Origin
The Federal Court confirms that a line of latitude or longitude can be considered a "place of origin" under the Trademarks Act.
Practice Update: CIPO Provides Guidance on the Meaning of “Due Care”
CIPO recently issued determinations regarding the meaning of "due care". Are your internal practices in-line with CIPO's determinations?
PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits
In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.
PropTech: Property Technology, the New Frontier in Real Property, Part 1: Introduction
In this 3-part series, we explain the concept of PropTech, highlight its benefits and outline associated risks.
2022 Starts on a High – Updates in the Psychedelics Industry and a Look Back at 2021
Recent amendments to the Special Access Program and a look back to 2021 on developments affecting the psychedelics industry.
Will a Billion Dollar Termination Shift the M&A Landscape?
The authors discuss the Ontario Superior Court of Justice's decision in Cineplex v. Cineworld, a "busted deal" case about interim operating covenants.
NFTs and Implications Under Canadian Securities Law
This article discusses the treatment of non-fungible tokens (NFTs) as securities and related regulatory considerations in Canada.
No Damages for Minor Stress and Inconvenience: Quebec Court Dismisses Data Breach Class Action
In March, the Québec Superior Court released a rare decision in which it dismissed a privacy class action on the merits.
Primer on Canadian Federal and Provincial Cleantech Funding Programs
Across Canada, entrepreneurs are striving to develop technologies to reduce greenhouse gas emissions, improve environmental sustainability, and provide other climate-related solutions to the domestic and international markets.
Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols
Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.
June 10, 2020 Update: Innovating During the COVID-19 Pandemic
This bulletin provides a summary of funding opportunities available in Canada over the month of June and updates
from CIPO and the USPTO.
Making Innovation Work for British Columbia
Analysis and guidance on how BC companies can benefit from the BC Innovation Commissioner's recommendations and help make BC a technology powerhouse.
Seller Beware: The Dangers of Sales Language
Winning a bid dangerous when materials use exaggerated hyperbolic language and contain injudicious claims to performance suitability reliability and functionality of goods or services offered
2017 Round-up: Patent Applications related to Data Processing at CIPO
The patentability of computer-implemented inventions is a topic of interest in Canada. Patentable subject matter is set out in Practice Guidance Following the Amazon FCA Decision
Canada/China Patent Prosecution Highway Program: Three Years in Brief
Canada/China Patent Prosecution Highway Program: Three Years in Brief
Domain Name Squatters Lose – Again
Domain Name Squatters Lose - Again
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