Technology

Critical to the success of any business today is understanding and using technology effectively and keeping up-to-date with the constant evolution of complex laws and regulations governing information technology.

At Torkin Manes, our team of leading lawyers excel at navigating the multifaceted technology landscape from the perspective of a developer and user, as well as a buyer or seller of a technology company. Regardless of the vantage point, we understand the nuances from all sides of a transaction. We employ a strategic and practical approach and invest time to familiarize ourselves with our clients’ unique products and services before advising and negotiating on their behalf.

We leverage our strong business acumen, negotiation skills and specialized knowledge of the industry and our clients’ specific needs to identify business issues involved in negotiating the development and use of mission-critical technology components and how to approach those issues to help clients optimize their chances of success.

Due to the multidisciplinary nature of technology, we draw from the expertise of our lawyers in other practice areas, including corporate / commercial, intellectual property, advertising and marketing, privacy, health, employment and litigation, to ensure we provide our clients with comprehensive counsel that responds to their every legal need while protecting their assets and best interests. The depth of our expertise allows us to provide innovative and practical legal guidance at all stages of your technology strategy including: (i) advise on matters related to regulatory compliance (including but not limited to privacy compliance and anti-spam compliance); and (ii) assist clients with technology related transactions.

Our lawyers are practical. To support users of technology, we understand the business issues involved in negotiating the development and use of mission-critical technology components. To support buyers or sellers of technology companies, our lawyers understand the valuation metrics for intangible assets.

Our clients range from emerging technology innovators, to well-established companies who are leaders in their fields, to investors in technology. We also act for various government entities and agencies and financial institutions. We understand and service the entire life-cycle of technology businesses, from their inception, through the growth stages (through financings and channel growth) to exit. We ensure that clients setting up new companies are protected by the right business structures for the technology field. Our Group excels in preparing and negotiating the complete range of agreements necessary for licensing, developing, distributing, commercializing, using, and maintaining technology. We have significant experience in the purchase, sale and financing of technology and technology-enabled companies, both at home and abroad. We routinely advise on technology development and procurement transactions, business process outsourcing transactions and systems development transactions.

Some of our many Technology services include:

• Internet-related, mobile-commerce and electronic-commerce agreements, including website development and maintenance agreements, online retail agreements, online storage agreements, hosting agreements, infrastructure services agreements, online payment agreements, website terms and conditions
• Cloud-based agreements (SaaS/PaaS/IaaS/Storage as a Service)
• Advice related to technology procurement
• Agreements for licensing, reselling, distributing, developing, outsourcing, maintenance and support of technology
• Agreements for master services, consulting and services
• CASL compliance advice
• Unsolicited Telecommunications Rules compliance advice
• Blockchain and ‘smart contracts’
• Artificial intelligence and other innovative and emerging technologies
• Advertising and marketing compliance regarding traditional digital platforms, including influencer marketing; social media marketing; telephone, e-mail and mobile marketing
• Payments industry compliance, including compliance with respect to Canada’s anti-money laundering and terrorist activity financing laws and retail payments supervision
• Intellectual property protection
• Joint venture arrangements
• Procurement matters
• Purchase and sale of technology companies or assets