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Duncan C. Card

Partner

Partner |

T: 416.777.6446

Toronto

Card Duncan
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 416.777.6446


Toronto

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Duncan is Co-Chair of the firm's Technology practice as well as its Defence & National Security practice. Duncan also Chairs the firm’s Outsourcing & Managed Services, Procurement, Government Contracting and Bermuda & Caribbean practices.

In 2020, Duncan was seconded on a part-time basis to the prestigious international law firm of Kennedy’s based in London, England as a Senior Consultant and Principle Advisor to that firm concerning various International airport infrastructure development projects and related PPP transactions. Duncan is a UK citizen who studied law at the London School of Economics and he is called to the Bar in the English law jurisdiction of Bermuda. Duncan has worked on many international transactions and projects with close business and legal ties to the UK.

Duncan's legal practice focuses on complex, innovative and strategic commercial transactions, including: public sector transformation projects; commercialization of IP; P3 infrastructure; defence and national security matters; technology innovation and industrial development; P3 nuclear power projects; all forms of IT goods and services contracts; corporate governance; cybersecurity best practices; technology dependent joint ventures; outsourcing and managed service transactions; advanced payment infrastructure; risk management advice; artificial intelligence projects; data management and protection; public sector procurement; enterprise software projects; offshore and international transactions; and international trade relations.

Canada's national business newspaper, The National Post, includes Duncan in its recently published 2019 ranking of the "Best Lawyers in Canada" (Technology Law). In 2018, Duncan received the following professional awards, designations and rankings: (1) named by Lexpert Magazine and Canadian Council For Public-Private Sector Partnerships as one of Canada's leading infrastructure lawyers; (2) included in the inaugural edition of the U.K. based Who's Who Legal as a world leading information technology lawyer; and, (3) the U.K. based Finance Monthly Magazine Global Awards named Duncan the "Telecommunications, Media and Technology Lawyer Of The Year 2018 – Bermuda". Duncan is also identified in the 2017 Chambers Global: The World's Leading Lawyers for Business as a Foreign Expert, Information Technology. Duncan has been included in the prestigious Lexpert Magazine and American Lawyer Media ranking of the Leading 500 Lawyers in Canada for 16 years, and in 2017 he was recognized by Lexpert as one of Canada's Leading Infrastructure Lawyers in the Globe & Mail's Report on Business Magazine. He is included in the 2017 Who's Who Legal: Technology (U.K. publication) and in the Lexpert Magazine and American Lawyer Magazine 2017 joint ranking of the Leading US/Canada Cross-border Corporate Lawyers in Canada, most notably for complex commercial transactions. 2017 is Duncan's eleventh year of inclusion in Woodward/White's Best Lawyers in Canada in the specialty of Information Technology Law. Duncan was ranked as a "Most Frequently Recommended" lawyer in Canada in the 2016 Canadian Legal Lexpert Directory and he is also included in 2015 Expert Guides, The World's Leading Lawyers Chosen By Their Peers, where he is recognized in the specialty of Information Technology. For Duncan's nuclear technology work, he was cited among the 2014 Lexpert Special Edition on Canada's Leading Energy Lawyers in the Globe & Mail's Report on Business Magazine. Duncan is also included in the Who's Who Legal Canada 2013 for Information Technology. Duncan has also been cited as one of the world's leading lawyers in Euromoney Magazine's Guide to the World's Leading Technology, Media & Telecommunications Lawyers (U.K. publication) and he is rated in the 2012 British publication, PLC Which lawyer?, published by the UK-based Practical Law Company.

A previous edition of the American Bar and Lexpert Canada's peer review ranking of Canada's "Top 500 Lawyers" cited a leading Canadian General Counsel who described Duncan as "…an outstanding lawyer and formidable contract negotiator to be highly respected."

Duncan has provided internationally recognized leadership in many leading technology industry associations, including: the Society for Computer Law in London, U.K.; Advisory Board, Association of Caribbean Corporate Counsel (2014-Present); Advisory Board, Drone Delivery Canada; the Outsourcing Committee for the Canadian IT Law Association; the Licensing Executives Society (U.S.A./Canada) (Co-Chair of LES' Software Committee); CIO Association of Canada; the CIO Summit Canada; the Advisory Board for E-Commerce Law Magazine; the Retail Council of Canada's E-Business Committee; the Toronto Computer Lawyers Group; and, the International Technology Law Association (U.S.). He founded the Technology Industry Committee of the Arbitration and Mediation Institute of Ontario and he was a Canadian correspondent for World e-Business Law Report in London, U.K. He is a member of: the Canadian Bar Association, where Duncan currently Chairs the CBA's Military Law Section's Subcommittee on "Defence & Security Procurement Law"; the Canadian Information Technology Law Association; both the American Bar Association's Science & Technology Law Section's "Homeland Security Committee", the "Internet Relationships and Cloud Computing Committee", and the International Law Section's "National Security Committee"; the American Bar Association's Business Law Section's Gaming Law Committee and the International Association of Gaming Advisors; the International Bar Association's Computer Technology Law Committee; the Society For Computers and Law (UK), where he is also an Associate Editor; the Royal Canadian Military Institute; and, the Canadian Defence & Foreign Affairs Institute.

Duncan is a member of the Institute of Corporate Directors (Canada) and the Institute of Directors (UK), and he currently serves as a director of Osisko Bermuda Limited, wholly-owned ultimate subsidiary of Osisko Gold Royalties Ltd. Duncan has served as a director of several multinational corporations, including Warner Communications companies in Canada, GlobeNet Communications, Monroe Systems For Business Limited, Canadian National Institute for the Blind (Ontario), FinancialCAD Corporation, Auto21 Inc., Hitachi Data Systems Inc., and Capital G Limited, one of Bermuda's largest banks (where Duncan Chaired the Governance and Compensation Committee, 2003-2007). Duncan is also a past elected member of the Board of Trustees of Queen's University in Kingston (2000-2006), and he has been a member of various advisory boards, including Exen Technologies (California), NetClearly.com, Contego Data Systems Inc., Kenception Technology and CIO Summit. Duncan has provided advice to many Boards of Directors, Audit Committees, regulatory bodies, and executive managers (including CIOs and General Counsel) concerning all aspects of commercial technology transactions, including technology governance issues, outsourcing transactions risk management, and related security governance duties and obligations. Duncan earned his professional independent director designation (ICD.D) from the Institute of Corporate Directors and the University of Toronto's Rotman School of Management (graduated as Class Valedictorian). In 2016, Duncan was appointed to the Editorial Board of the Canadian Institute's IT Law & Technology Journal.

He is a frequent author and speaker on topics related to technology law and transactions, and he has taught related courses at: Truman Bodden Law School, Cayman Islands; National Defense University, Dwight D. Eisenhower School for National Security & Resource Strategy, Washington, D.C.; University of Alberta, Edmonton; University of Toronto, Toronto; Faculty of Medicine, Western University, London; Faculty of Law, Dalhousie University, Halifax; Royal Roads University, Victoria, British Columbia; Southwestern Law School, Los Angeles, California; Course Director and Lecturer, "Internet and Cyberlaw 205", Faculty of Law, Queen's University, Kingston (Bachelor of Law, LL.B. Program) Academic Year, 2000-2001; Osgoode Hall Law School, York University, Toronto, Ontario; Sessional Lecturer, School of Business Management, Ryerson University, Toronto Ontario, where Duncan wrote and taught both the Introduction to Business Law; and Advanced Business Law courses (B.A. Commerce Degree Program) for four years from 1988–1992 (honorarium provided); and, University of Florida, Gainesville, Florida.

He is the author of the widely acclaimed book, Information Technology Transactions: Business, Management & Legal Strategies, Carswell, Toronto (320 pages–hardcover, Second Edition, 2007); with an English law edition 2005 (240 pages–hardcover, Sweet & Maxwell, London). Book reviews are available upon request.

Education

Queen's University, BA (Hons.), 1979, gold medallist Queen's University, LLB, 1982, AS&K Scholar Academy of International Law (The Hague), 1982 London School of Economics and Political Studies (UK), LLB, 1982, International Rotary Fellow University of Toronto, LLM, 1987 Institute of Corporate Directors, ICD.D, 2013, Class Valedictorian

Bar Admissions

Ontario, 1984 Bermuda Islands, 1984 (inactive)

Recent Experience

Corporate Governance

Infrastructure Transactions

Many large and complex infrastructure transactions and projects around the world, including: serving as the Government of Bermuda's Chief Legal Advisor in connection with the redevelopment and 30 year operation of Bermuda's L.F. Wade International Airport; as lead legal counsel in Canada's largest ($1.1 Billion) Intelligent City Infrastructure P3 project; many large energy, hospital P3s, intelligent correctional facility projects, highway and bridge projects; long term facility management and outsourcing projects; port and waterfront redevelopment projects; as well as, large water distribution and infrastructure production projects in Saudi Arabia, Turkey, China, Israel, India, Finland, Jordan and Mexico.

Public Sector Transformation - P3, Modernization and Procurement

Payments Canada, as lead external law firm to transform and modernize Canada's financial clearing, settlements and payments infrastructure.

Bank of Canada, Chief External Counsel to modernize Canada’s banknote currency to a high-security polymer based material with a consortium of international product and services provider

Structure, prepare, draft, and conduct related negotiations of (and tenders in response to) RFIs, RFQs, and RFPs across a broad spectrum of industries, including on behalf of Cognos, Sun Microsystems, Microsoft, Waterfront Toronto, Ontario Securities Commission, various Canadian banks, BCE and Bell Canada, Deloitte Consulting, BearingPoint, Fujitsu Consulting, SAS Institute, Rogers Communications, Hitachi Data Systems, Eurocopter, Embanet, Manulife Financial, Celestica, Computer Sciences Corporation, CGI, and many more.

Technology Law and Transactions (ERP and Projects) 

Broad range of technology R&D, technology collaboration and development, strategic alliances, and related IP commercial exploitation, including for Spar Aerospace, Ballard Power Systems, Corma Inc., Rogers Communications, British America Bank Note, Quebecor, Sun Microsystems, Financial CAD Corporation, Hearst Publishing.

Many large ERP projects, including software acquisition and related implementation/configuration services across a broad range of industries, including mining, oil & gas, transportation, manufacturing, financial and telecommunications, including: Bauer-NIKE Sports; City of Toronto (SAP amalgamation project); Allstate Insurance; Trillium Health; Axa Financial; Royal Bank of Canada; Rogers Communications; and BCE/Bell Canada; and the structuring, drafting and negotiating of enterprise software, customization, license and support agreements for the implementation of a highly sophisticated broadcast scheduling, reservation, and revenue tracking system for all of CanWest Global Broadcasting facilities across Canada. 

Outsourcing Transactions

Many outsourcing (offshore and near shore), shared service and facility management transactions, including: numerous OSFI outsourcing applications; Procuron Inc.; Ontario Education Collaborative Marketplace (CM); Motorola; numerous Celestica transactions; Innovopost; Aldo Shs International; Embanet; Capital G group of financial companies; various projects for Rogers Communications; Ontario Integrated Justice Project; Royal Group Technologies; SONY BMG; Shell Canada; several Cognos Corporation transactions; represented AXA Financial in numerous outsourcing transactions, including the outsourcing of its data management and information processing infrastructure to the Equitable Insurance Company of the United States; and, many other outsourcing transactions (including offshore and near shore), involving vendors such as SHL Systemhouse-EDS, Computer Services Corporation, CGI, IBM, Anderson Consulting, Fujitsu Consulting, Deloitte Consulting, and BearingPoint.

Health Sector Transactions

Counsel on a broad range of IT, e-health, data management and related procurement transactions across Canada's healthcare sector, including for clients such as: Extendicare; ParaMed; GHX.com; University Health Network; Trillium Health Centre; Ottawa General; Blue Cross; Native Insurance Health Benefits Program; Liberty Health; and, Smart Cards for Health Project (B.C. Government).

Intellectual Property Commercialization

Military and Security Transactions

Cyber Security Law

Communications Sector

Duncan was in-house counsel at BCE PubliTech (Bell Canada) for almost three years; external technology counsel to Rogers Communications (1990-1997) including represented Rogers in the creation of Cantel AT&T, one of the largest Canada-U.S. data management and IT transfer alliances (and shared service infrastructure) in the history of Canadian wireless communications; Northern Telecom; Mitel; Spar Aerospace; MCI WorldCom (including the $1.5 billion sale of SHL Systemhouse to EDS Canada); Alliance Atlantis (broadcasting); remote satellite communications for Barrack Gold; Board of Directors, GlobeNet Communications (Bermuda) for two years; and, various other telecommunication service transactions with Toronto Hydro Telecom, AT&T, Shaw Communications, Telus Communications, and Cable & Wireless (Bermuda).

Entertainment Law

Duncan was on the Board of Warner Music and Warner Home Video in Canada for years, and represented RUSH, Rolling Stones, k.d. lang and many other bands, and represented Disney Studios and Warner film in Canada.

International Trade of Cultural Property

Duncan wrote the NAFTA Preamble to protect Canadian Culture and did my LL.M in International Trade with The Hon. Bill Graham at University of Toronto.

E-Commerce/Internet Law

Duncan wrote the Internet Law course at Queen's University; did the first live transmission of TV over the Internet in the world, did the first franchise of Yahoo! In the world, and did the first sale of insurance over the Internet in the world etc.  Duncan also wrote the Bermuda E-Commerce Act, and just retired 3 months ago as the Deputy Chairman of the Electronic Commerce Advisory Board in Bermuda.

Co-counsel for the world's first live transmission of television broadcast over the Internet, www.iCraveTV.com; Canadian counsel for the first international franchise of Yahoo!, www.yahoo.ca; Canadian counsel for the first sale of travel health insurance over the Internet, www.coverme.com (Liberty Health); Counsel to many Internet and e-Business ventures, including: farms.com; Visa Canada; NetClearly.com; CHUM-MUCHMusic; HMV.com; Sothebys.com; Libertyhealth.com; Soltrus.com; GHX.com; Aerxchange.com; yahoo.ca; trader.com; quovadis.bm; fincad.com; muchmusic.com; INGdirect.com; promisant.bm; MLHSBC.com; Manulife.com; E-scotia.com; Workopolis.com; points.com; IceRadio.com; beer.com; visible.com; and, spatialview.com; Webloyalty.com; Points.com; Soltrus (VeriSign.com).

General IT, E-Commerce & Communications Commercial Transactions

Chief Legal Counsel (appointed by Cabinet) to the Government of Bermuda's Bid Committee and Bermuda's successful appointment as the host venue for The America's Cup 35th Challenge Regatta in 2017, the world's oldest continuing sports event.

Bermuda Telephone Company Limited (BTC), a Bermuda-based telecommunications provider, and the shareholders of its parent company, Barrie Holdings Limited, in connection with the sale of BTC to Digicel Group Limited.

The development and creation of the then-largest advertisement ordering, scheduling and placement software system in the world for the NYNEX Yellow Pages, including all related page layout, order taking, scheduling and placements and, and related billing operations.

Drafted and negotiated the contracts related to the development and implementation of a large (wireless) North American transportation scheduling and location tracking (GPS) software system for commercial transport trucks, including all related data management, rescheduling and real-time tracking.

Represented FinancialCAD Corporation in the creation and implementation of software Application Service Provider (ASP) arrangements for some of the largest financial institutions in the world.

Representing one of Canada's largest consulting firms in its bid to deliver Baseline Consulting Services to a Provincial Government concerning the proposed consolidated IT shared-service outsourcing program among 21 ministries.

The development of multi-hospital Plexxus Program - lead counsel to BearingPoint and many of the largest Ontario Hospitals in the original structuring and commercial organization of the largest health sector outsourcing and shared-service transactions in Canadian history.

Legal counsel to structure product distribution channels for $300 million U.S. per year IT hardware sales in Canada on behalf of one of the largest hardware companies in the world.

Legal counsel in product distribution outsourcing – for Hearst Publishing (U.S.) to structure and launch the electronic online version of an automobile sector trade data base and inventory management system.

Legal advisor to McKinsey & Co. (Canada) in their proposal (2001) for the development of a business model to create a consolidated back-office and share IT infrastructure for selected hospitals in the Toronto area.

Represented the insurance company who provided outsourced data management, back-office administration, and claims processing services to the Government of Canada's Native Insurance Health Benefits Program.

Represented the Orthopedic and Arthritic Hospital (Toronto) in the acquisition of an enterprise record management and financial administering system.

Air Canada – ISM outsourcing service transaction to create the first facility management service arrangement for Air Canada.

Represented a global vendor of data management hardware and solutions to T-D Bank in a multi-year supply arrangement.

Sale of client server computing solutions to The Hospital for Sick Children, Toronto.

Drafted and negotiated numerous Internet based educational solutions and course administration services to Universities in Canada and the United States.

Counsel to British American Bank Note and Quebecor for security printing services (currency, passports, etc.) in over 20 international jurisdictions.

Counsel to create a joint venture procurement facility among Bell Canada, BCE Emergis, CIBC, Bank of Nova Scotia and, the Mouvement des caisses Desjardins; Procuron Inc.; Counsel to www.aerxchange.com (based in U.S.) one of the world's largest B2B exchanges for aircraft maintenance activities in Canada across a large member of international airlines; Ontario Education Collaboration Marketplace (www.cm.ca); and, counsel to North America's largest hospital supply B2B exchange, Global Health Exchange, www.ghx.com.

Recent Recognition

Chambers Canada
Expert Based Abroad, Information Technology (in Bermuda)
Chambers Global: The World's Leading Lawyers for Business
Ranked, Information Technology
The Legal 500: Canada
Recommended, Technology, Media and Telecom
The Canadian Legal Lexpert Directory
Repeatedly Recommended, Technology Transactions
Repeatedly Recommended, Computer & IT Law

 

Best Lawyers in Canada
Recognized as one of Canada's leading Information Technology lawyers
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Recognized as one of the Top 500 lawyers in Canada
Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada
Recognized as one of the leading lawyers in the area of Technology Transactions
Lexpert Report on Business - Infrastructure Special Edition
Recognized as a leading Infrastructure lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading Energy lawyer in Canada
Lexpert Special Edition on Technology
Recognized as one of Canada's leading lawyers in Technology
Who's Who Legal: Canada
Recognized as a leading lawyer in the area of Data
Who's Who Legal: Data
Leading 762 lawyers in the world in area of Information Technology
Who's Who Legal: Patents
Recognized as a leading Telecom lawyer
Who's Who Legal: Telecommunications Media & Technology
Recognized as a leading Telecommunications, Media and Technology lawyer
Who's Who Legal: The International Who's Who of Business Lawyers
Recognized as a leading lawyer in the area of Information Technology

Insights, News & Events

Announcements

Information Technology Transactions 3rd Edition: An Essential Roadmap for IT Project Success

February 17, 2021
       

Announcements

39 Bennett Jones Lawyers Ranked as Infrastructure Leaders

September 03, 2020
       

Announcements

Fifteen Bennett Jones Lawyers in Lexpert's Special Edition on Technology

May 13, 2020
       

Articles

Duncan Card on Bermuda’s Payments Experience

March 24, 2020
       

Speaking Engagements

Duncan Card at Cyber Security Roundtable

October 08, 2019
       

Announcements

Lexpert Ranks 28 Bennett Jones Lawyers as Infrastructure Leaders

September 27, 2019
       

In the News

Duncan Card on AI and Access to Justice

June 04, 2019
       

Speaking Engagements

Duncan Card on AI and Its Future in London

June 04, 2019
       

In the News

Duncan Card in Royal Gazette on Doing Business in Bermuda

May 30, 2019
       

In the News

Duncan Card Appointed to Drone Delivery Advisory Board

March 27, 2019
       

Speaking Engagements

Duncan Card on PPP Infrastructure Projects

March 14, 2019
       

Speaking Engagements

Duncan Card Speaks at the Nuclear Decommissioning and Waste Management Summit

February 21, 2019
       

Announcements

Bennett Jones in Chambers Global 2019

February 14, 2019
       

Announcements

Bennett Jones in Who’s Who Legal: Canada 2018

November 01, 2018
       

Announcements

Bennett Jones Acts for Winners in P3 Awards 2018

October 11, 2018
       

Speaking Engagements

Duncan Card at Society For Computer Law - 2018 Annual General Meeting

September 27, 2018
       

In the News

Royal Gazette on North America Airport Deal of the Year

March 17, 2018
       

Announcements

Bennett Jones Acts for IJGlobal Awards Winners

March 16, 2018
       

Announcements

Bennett Jones in Chambers Global 2018

February 15, 2018
       

Speaking Engagements

Duncan Card at ISACA Bermuda TechTalk series

January 25, 2018
       

Announcements

Duncan Card and Martin Kratz: Who’s Who Leading Data Lawyers in the World

January 11, 2018
       

Speaking Engagements

Duncan Card at Bermuda CIOs Meeting

November 28, 2017
       

Announcements

5th Annual Caribbean and Latin American Corporate Counsel Summit 2017

October 20, 2017
       

Speaking Engagements

Duncan Card at ARMOUR EXPO 2017

September 28, 2017
       

In the News

Duncan Card at Armour Expo 2017 on Grand Cayman

September 21, 2017
       

In the News

Duncan Card in Royal Gazette on ABA in Bermuda

June 09, 2017
       

In the News

Duncan Card in Royal Gazette on Supply Chain Cybersecurity

May 01, 2017
       

Speaking Engagements

Duncan Card at Association of Trade & Forfaiting in the Americas - 20th Annual Conference

April 28, 2017
       

In the News

Duncan Card in Bernews on Cyber Risks and Security Panel

April 20, 2017
       

Announcements

Duncan Card on Cybersecurity Risk Management at ATFA Annual Conference

April 18, 2017
       

Announcements

Four Bennett Jones Practices Ranked Band 1 by Chambers Global 2017

March 16, 2017
       

In the News

Duncan Card in Royal Gazette on ISACA Annual Conference

November 15, 2016
       

In the News

Royal Gazette - Duncan Card Recognized as Specialist

April 12, 2016
       

Related Services

Commercial Transactions
Technology Law
Defence & Security
Banks & Financial Institutions
Payment Solutions
Gaming & Hospitality
Airport Infrastructure
Health Care Technology
Corporate Governance
Procurement & Outsourcing
Cybersecurity
Power & Renewables
Anti-Spam Law
Privacy & Data Protection
Government Contracting & Procurement
Environmental, Social, Governance (ESG)
Infrastructure & Project Development
Intellectual Property Law
Technology, Media & Entertainment
Retail, Consumer & Luxury Law
Transportation
Fintech & Blockchain
Public Infrastructure Projects

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