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.
Bennett Jones
