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TECHNOLOGY

Innovations in technology touch virtually every corner of our lives. In today’s global, digital business landscape, top-tier organizations use technology and artificial intelligence to recreate themselves to retain a competitive edge – making AI and information technology an extremely competitive space. For companies that invest valuable time and capital innovating, the financial stakes can be incredibly high. No matter what industry you are in or what products you deliver, evolving technologies are a catalyst to economic growth. With zero carbon emissions being the global goal by 2050, identifying technology solutions to reduce the carbon footprint is big business. Across industries, clean technology companies are bringing sustainable energy and clean technology solutions to market to reduce the toll on the environment.

Leaders who develop technology and industry leaders who use technology to improve their product and service offerings look for law firms they can trust to successfully navigate the legal complexities behind quickly bringing products to market. McMillan LLP’s Technology team of lawyers are reputed for their strategic legal and business acumen, their extensive knowledge of laws and regulations that govern commercialization, and their ability to quickly build top tier teams to get to the end goal efficiently. Tell us about your vision. We’ll get you there.

Many technology lawyers at McMillan have worked in IT themselves, giving them an in-depth understanding of the links between highly technical issues and the laws and regulations that govern commercialization. We help companies of all sizes across sectors successfully navigate the myriad of legal complexities so they can effectively bring their technological innovations to market. Our clients include a full range of technology industry players, including emerging and established hardware and software companies, outsourcing firms, networking and other IT service providers who specialize in data management and security. McMillan also has lawyers who specialize in e-commerce, blockchain and fintech as well as aeronautics, biotechnology and life sciences. No matter what industry you’re in, we’re the legal partner you need to succeed.

EXPERTS IN LAW, BUSINESS AND TECHNOLOGY

McMillan’s Group of Technology Lawyers help  technology companies, and companies introducing technology products and services specific to their industry, at every stage of development.  If you’re at the beginning of your innovation journey, we have vast experience building entity structures, ensuring your intellectual property is protected and helping secure financing through angel or venture capital investments. We also facilitate optimal growth through public offerings, joint ventures, licensing agreements, mergers and acquisitions, and, when necessary, dispute resolution.

In addition to deep industry knowledge, all McMillan lawyers work hard to maintain a trusted network of professional peers. Our technology lawyers have invaluable contacts in the investment, regulatory and technology communities, enabling us to provide a full range of services to virtually every applied technology sector. We are also the only Canadian law firm with a government relations arm, McMillan Vantage Policy Group, equipping us with the ability to better understand and even help shape the regulations that govern the sector. Whether you’re a privately owned company intent on leading the way through innovation, a company seeking to go public, or a mature enterprise navigating consistent shareholder and stakeholder scrutiny, we can help.

McMillan helps technology players lead in their industry by:

  • Negotiating licensing and distribution arrangements
  • Advising on venture capital, debt or equity financing arrangements
  • Negotiating joint ventures and strategic alliances
  • Advising on mergers, acquisitions, divestitures and Initial Public Offerings
  • Drafting licensing agreements, contracts, and technology transfer agreements
  • Drafting professional services agreements related to technology implementation projects
  • Drafting employment agreements and structuring option plans to protect ownership of technology
  • Litigating intellectual property and technology ownership disputes
  • Advising on regulatory issues such as privacy

News

INSIGHTS (87 Posts)

Featured Insight

Bill 64 Enacted: Québec’s Modern Privacy Regime

An in-depth analysis of Quebec's 2021 modernization of its private-sector privacy legislation.

Read More
Oct 15, 2021
Featured Insight

Privacy Implications of an Open Banking System in Canada

Canada’s Advisory Committee on Open Banking's final report- the privacy and data security implications of an open banking system in Canada.

Read More
Oct 12, 2021
Featured Insight

Do’s And Don’ts of Technology Services Contracts

Join us on Wednesday, October 27, 2021, for part one of a three part webinar series where we will provide some strategic pointers on how to handle various issues that often come up when negotiating technology services contracts.

Details
Wednesday, October 27, 2021
Featured Insight

Cryptocurrencies and Digital Assets: Back to School Update on Recent Developments in Canada

This bulletin provides a “back to school” refresher on recent highlights and developments in Canada in the cryptocurrency and digital assets industry.

Read More
Sep 7, 2021
Featured Insight

“Time Machine or Cash Machine?”: Federal Procurement Basics #3 (Compensation and other Remedies)

A review of the remedies in a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

Read More
Aug 18, 2021
Featured Insight

Canadian Copyright Consultation on Artificial Intelligence — The Precipice of a New Copyright Era

An overview of the Government of Canada's consultation on the modernization of the Copyright Act as it pertains to artificial intelligence.

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Aug 16, 2021
Featured Insight

Canadian Copyright Consultation on the Internet of Things — Rights to Repair and Interoperability

An overview of the Government of Canada's consultation on the modernization of the Copyright Act as it pertains to the right to repair and interoperability.

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Aug 16, 2021
Featured Insight

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.

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Aug 16, 2021
Featured Insight

Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?

During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.

Read More
Aug 16, 2021
Featured Insight

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

Read More
Jul 5, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

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.

Read More
Jun 9, 2021
Featured Insight

Federal Procurement Basics #2: The Many Grounds for Federal Procurement Challenges: A ‘Keeping It Simple’ Summary

A review of the grounds for filing a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

Read More
Jun 1, 2021
Featured Insight

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

Read More
May 25, 2021
Featured Insight

BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions

Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.

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May 19, 2021
Featured Insight

Commercial Leases During the COVID-19 Lockdown: Where are we Headed?

Ontario has also passed legislation to protect commercial tenants.

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May 17, 2021
Featured Insight

Federal Procurement Update #1: Filing a Complaint at the Canadian International Trade Tribunal: A Sprint Rather than a Marathon

A review of when and how to file a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

Read More
May 5, 2021
Featured Insight

Federal Procurement Complaints: CITT Passes Milestone in 2020/2021

A review of the Canadian International Trade Tribunal (CITT) procurement review mandate for 2020/2021.

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Apr 19, 2021
Featured Insight

Canadian Government Expands National Security Guidance

On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.

Read More
Mar 25, 2021
Featured Insight

Cyber Justice: Ontario Court Recognizes New Tort of Internet Harassment

The Superior Court of Justice has recognized a new tort of internet harassment, indicating willingness to fashion new causes of action to address online abuse.

Read More
Feb 23, 2021
Featured Insight

Big Brother’s Access Limited – Canadian Privacy Commissioners Rule Clearview AI’s Facial Recognition Tool in Breach of Canadian Privacy Laws

Privacy Commissioners find Clearview AI's use of facial recognition software on images it scraped from the Internet to be in breach of privacy laws.

Read More
Feb 17, 2021
Featured Insight

2020 Fintech Year in Review: Canadian Regulatory Developments

2020 Fintech Year in Review: Canadian Regulatory Developments

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Feb 10, 2021
Featured Insight

Funding and Grants Available to Technology and Innovation Companies in Alberta, Canada

The technology industry in Alberta has grown significantly. There are a number of funding and grant opportunities for technology and innovation companies.

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Jan 19, 2021
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

Read More
Dec 23, 2020
Featured Insight

International Comparative Legal Guide (ICLG) – Cybersecurity Canada 2021

The International Comparative Legal Guide (ICLG) - Cybersecurity Canada 2021 guide covers common issues in cybersecurity laws and regulations.

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Dec 3, 2020
Featured Insight

B.C. Technology Sector Makes the Grade – But Not Yet Top of the Class

In November 2020, KPMG released the B.C Tech Report Card 2020. The Report Card outlined the current state of the British Columbia technology sector.

Read More
Dec 2, 2020
Featured Insight

Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful

On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.

Read More
Nov 30, 2020
Featured Insight

Launching into the Office for Economic Growth and Innovation – From LaunchPad to New Branch of the OSC

The OSC has recently published a Charter for the Office of Economic Growth and Innovation, a newly established branch of the OSC.

Read More
Nov 11, 2020
Featured Insight

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

Read More
Oct 13, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Read More
Oct 6, 2020
Featured Insight

COVID-19 Realities Push Ontario Government to Launch Public Consultation to Improve the Province’s Privacy Laws

The Ontario government launched public consultations to guide their modernization of private-sector privacy laws within the province.

Read More
Aug 19, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Read More
Aug 5, 2020
Featured Insight

Global Privacy Authorities Remind Video Teleconferencing Companies of Privacy Expectations

Global privacy authorities published a letter to remind video teleconferencing companies of their obligations regarding user's privacy.

Read More
Jul 29, 2020
Featured Insight

Significant Expansion of Ontario’s Personal Health Information Protections amid COVID-19: What you need to know

Bill 188 made significant amendments to PHIPA, which affect technology companies, and potentially insurers, who provide access to personal health information.

Read More
Jul 15, 2020
Featured Insight

Federal Court Defends CASL, Says Prohibition on Spam is Constitutional

he FCA ruled that CASL's provisions relating to the regulation of commercial electronic messages are constitutional, despite challenge from CompuFinder

Read More
Jul 1, 2020
Featured Insight

Ontario Small Businesses Get a New Ride on the Digital Main Street

Review of the Ontario Digital Main Street initiative and new funding introduced by the government to assist businesses pivoting to an ecommerce business model.

Read More
Jun 24, 2020
Featured Insight

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

Read More
Jun 23, 2020
Featured Insight

Making B.C. an Emerging Economy Leader

Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.

Read More
Jun 23, 2020
Featured Insight

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.

Read More
Jun 10, 2020
Featured Insight

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.

Read More
Jun 3, 2020
Featured Insight

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

Read More
May 26, 2020
Featured Insight

Implied Trademark Licenses: A Case Study

When will a trademark license granted from one party to another be implied?  The Federal Court in the Core Consultants Realty[1] decision (“Core Consultants”) recently had an opportunity to revisit this question.

Read More
Apr 12, 2020
Featured Insight

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

Read More
Mar 23, 2020
Featured Insight

The Tort of Conversion in the Electronic Age: A Case Study

The British Columbia Supreme Court has found that the tort of conversion must include wrongful interference with intangible goods. Read more here.

Read More
Mar 12, 2020
Featured Insight

Can I Tell You Something in Confidence?” Legal Privilege in M&A Transactions

The authors discuss challenges to maintaining legal privilege in M&A transactions. Parties in Ontario can learn from the experience of other jurisdictions.

Read More
Jan 22, 2020
Featured Insight

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

Read More
Jan 21, 2020
Featured Insight

Under the Influence: The Canadian Competition Bureau’s Stand on Misleading Product Endorsements

The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.

Read More
Dec 30, 2019
Featured Insight

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

Read More
Dec 19, 2019
Featured Insight

Canada’s New Internet Code

The CRTC has established a mandatory code of conduct, regarding consumer contracts for fixed retail Internet
services, which comes into effect January 31, 2020.

Read More
Nov 29, 2019
Featured Insight

FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau

The Competition Bureau's announcement of its investigation into FlightHub and the registration of a "temporary consent agreement" is analyzed in detail.

Read More
Nov 1, 2019
Featured Insight

Top of the Class: New Cybersecurity Program to Certify Privacy-Minded Businesses

The federal government has launched a new cybersecurity certification program aimed at helping small and medium-sized businesses protect against cyber threats.

Read More
Aug 14, 2019
Featured Insight

Last Chance for Late National Phase Entry into Canada

It is official - Canada's new Patent Rules will come into force on October 30, 2019.

Read More
Aug 9, 2019
Featured Insight

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

Read More
Jun 4, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

Read More
May 23, 2019
Featured Insight

Financial Institutions: OSFI’s Heightened Cyber Security Incident Reporting Obligations Now In Effect

OSFI published the Technology and Cyber Security Incident Reporting Advisory, which sets out OSFI's expectations for reporting technology and cyber security incidents.

Read More
Apr 8, 2019
Featured Insight

What Can and Should the Law Do About ‘Deepfake’: An Update

This update looks at several additional causes of action and discusses how we can limit the deleterious social consequences of deepfake videos.

Read More
Dec 5, 2018
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

Read More
Nov 1, 2018
Featured Insight

Significant Changes for Businesses Making Taxable Supplies into Québec

A proposal to amend the QST Act in the 2018 Québec budget will impose QST registration and collection agent compliance obligations on out-of-province businesses

Read More
Jul 10, 2018
Featured Insight

PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

Read More
May 30, 2018
Featured Insight

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

Read More
Jan 19, 2018
Featured Insight

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

Read More
Jan 12, 2018
Featured Insight

Ransomware and its Spawns

Ransomware and its Spawns

Read More
Nov 29, 2017
Featured Insight

Canada/China Patent Prosecution Highway Program: Three Years in Brief

Canada/China Patent Prosecution Highway Program: Three Years in Brief

Read More
Nov 8, 2017
Featured Insight

Domain Name Squatters Lose – Again

Domain Name Squatters Lose - Again

Read More
Nov 2, 2017
Featured Insight

CSA Provides Guidance to Registrants on Cyber Security and Social Media

CSA Provides Guidance to Registrants on Cyber Security and Social Media

Read More
Nov 1, 2017
Featured Insight

Divergent Regulatory Approaches to Cryptocurrency Offerings: Developments in Canada, the United States, and China

Divergent Regulatory Approaches to Cryptocurrency Offerings: Developments in Canada, the United States, and China

Read More
Oct 9, 2017
Featured Insight

HKEX’s Proposed New Board Presents Unique Opportunities for Early Stage Tech Canadian Companies

HKEX's Proposed New Board Presents Unique Opportunities for Early Stage Tech Canadian Companies

Read More
Jul 19, 2017
Featured Insight

Change is in the Airwaves: CRTC Expands the Wireless Code of Conduct

Change is in the Airwaves: CRTC Expands the Wireless Code of Conduct

Read More
Jun 20, 2017
Featured Insight

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Read More
Jun 7, 2017
Featured Insight

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Read More
Jan 3, 2017
Featured Insight

Privacy, Data Protection and Cybersecurity Seminar

As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.

Details
November 3, 2016 - 7:30 am to 12:30 pm EST
Featured Insight

CSA Publish Update on Cybersecurity for Market Participants

CSA Publish Update on Cybersecurity for Market Participants

Read More
Oct 6, 2016
Featured Insight

International Data Transfers to and from Canada

International Data Transfers to and from Canada

Read More
Sep 20, 2016
Featured Insight

The Supreme Court of Canada Renders a Long Awaited Ruling regarding the Power to Situate Radiocommunication Antenna Systems

The Supreme Court of Canada Renders a Long Awaited Ruling regarding the Power to Situate Radiocommunication Antenna Systems

Read More
Sep 12, 2016
Featured Insight

Enforcement Advisory: Keeping Records of Consent under CASL

Enforcement Advisory: Keeping Records of Consent under CASL

Read More
Aug 3, 2016
Featured Insight

It’s Time for Your Company’s Cyber-health Check-up

It's Time for Your Company's Cyber-health Check-up

Read More
Jul 12, 2016
Featured Insight

Tips for Startups – Understanding the Stages of Equity Financing

Tips for Startups – Understanding the Stages of Equity Financing

Read More
Jul 11, 2016
Featured Insight

Tips for Startups – Understanding Debt vs. Equity Investments

Tips for Startups - Understanding Debt vs. Equity Investments

Read More
Jul 5, 2016
Featured Insight

Will Virtual Meetings Become a Reality in Canada?

Will Virtual Meetings Become a Reality in Canada?

Read More
Jun 24, 2016
Featured Insight

Video Games as Canadian Culture: Navigating the Investment Canada Act in Interactive Entertainment Acquisitions

Video Games as Canadian Culture: Navigating the Investment Canada Act in Interactive Entertainment Acquisitions

Read More
May 31, 2016
Featured Insight

“Venting” on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments

"Venting" on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments

Read More
May 4, 2016
Featured Insight

Mitigating Cyber Risk and Cybersecurity Insurance

Mitigating Cyber Risk and Cybersecurity Insurance

Read More
May 3, 2016
Featured Insight

Decrypting the iPhone – Everybody’s Got Something to Hide, Except Me and My Monkey

Decrypting the iPhone - Everybodys Got Something to Hide, Except Me and My Monkey

Read More
Mar 10, 2016
Featured Insight

Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)

Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)

Read More
Jun 2, 2015
Featured Insight

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation

Read More
Mar 7, 2015
Featured Insight

Bloggers in a Dangerous Time – Free Speech, Defamation and Internet Discourse

Bloggers in a Dangerous Time – Free Speech, Defamation and Internet Discourse

Read More
Mar 5, 2015
Featured Insight

Internet Intermediaries and Copyright Owners Take Notice: Canada’s Notice-and-Notice Regime Comes into Force

Internet Intermediaries and Copyright Owners Take Notice: Canada's Notice-and-Notice Regime Comes into Force

Read More
Jan 2, 2015