IT & Business Services

We help IT providers and businesses harness technology through strategic legal guidance on transactions, compliance, and innovation across Canada’s digital economy.
Key Contacts
Burns StephenFlynn MatthewPoirier Caroline
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Overview

The information technology and related computing industries in Canada constitute almost six percent of our nation's total GDP, and it is difficult to think of a business that does not depend on data processing, automated business systems, advanced communications, electronic records, the Internet and some form of e-commerce, and the developing integration of content, communications and computing in convergent transactions. Bennett Jones represents some of the world's largest multinational IT and computing enterprises as well as small businesses that depend upon IT infrastructures.

Our IT lawyers are regularly retained by large and sophisticated clients, including general counsel, CIOs, audit committees, business development executives and procurement directors to provide legal, consulting and transactional assistance related to: technology development; R&D transactions: strategic alliances; business intelligence software procurement; ERP, CRM and all related enterprise systems procurement and implementation; IT consulting retainers; VAR, marketing representative and other distribution channel transactions; offshore manufacturing; convergence transactions among communications, entertainment and computing enterprises; new media transactions, including sensory technologies and all gaming products and services; all aspects of regulation, such as export control, CICA audit guidelines for data processing, technology standards, regulatory compliance and privacy matters; IT governance issues; procurement best practices, including RFPs, contracting processes and related risk management; e-commerce and website legal issues; B2B exchanges and B2B procurement; Internet and IT use policies; and large and complex outsourcing and related shared service transactions.

Our IT vendor clients include emerging IT businesses and some of the world's most sophisticated multinational IT and computing corporations. We assist foreign IT businesses to penetrate the Canadian market, develop their distribution strategies, execute transactions and ensure that they are carrying on business in full legal compliance in Canada. Industries who purchase and depend upon IT that we are best known for representing include: manufacturing; telecommunications; mining sector; both established energy and emerging energy sectors, such as atomic, oil and gas, wind power, agra-fuels, and hydrogen fuel cell; health care sectors; the finance sectors, such as banking, insurance and investment applications of IT; all highly regulated industries, such as the media, transportation and pharmaceutical sectors; and many municipalities, provincial governments, quasi-governmental agencies and Crown corporations.

Client Work

Broadridge
in its acquisition of Kyndryl's Securities Industry Services' wealth and capital markets technology platform
Canadian Pacific Kansas City
in various technology-related matters, including evaluating the potential of new technologies
CNRL
in a patent infringement/patent validity lawsuit filed by Maoz Betser-Zilevitch, the alleged inventor of patented drilling technology
Flair Airlines
in its review and negotiation of third party information technology agreements
Gateway Casinos
on its branding portfolio in Canada
Navacord
in its procurement, review and negotiation of information technology solution agreements
North West Redwater Partnership
in all of its technology initiatives since its inception
Pembina
on its global technology matters, including those related to its propane dehydrogenation and LNG facilities
UNI
in its privacy and cybersecurity management program, which involves complex issues of privacy, data governance, outsourcing and cybersecurity
United Farmers of Alberta Co-operative
in all of its technology initiatives, including hardware, software licensing, systems licensing and outsourcing agreements, and advised on data protection, cybersecurity and privacy matters
Celero Solutions
in the negotiated settlement of vendor breaches of software licenses and renegotiated and closed extended long-term master license, co-operative marketing, and ancillary services agreements ...
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Payments Canada
as lead external law firm to transform and modernize Canada's financial clearing, settlements and payments infrastructure
BSM
in its approximately $117.3 million sale to Geotab by way of plan of arrangement
CIP Capital Management
in its acquisition of People 2.0
Shift4
in its C$200-million plan-of-arrangement acquisition of Givex
S.i. Systems
in its acquisition of Aandrajax Technologies
A privately held company, in the IT and business services sector in the purchase of the issued and outstanding shares of a privately held company
A privately held company, operating in the software and information management industry and advising the board of directors in a hybrid transaction with a value of $11.3 million
ATCO
in their technology transactions and matters, including their enterprise resource planning (ERP) technology, licensing and intellectual property mandates
ATCO
in the disposition of ATCO I-Tek and ATCO's Australian IT operations to affiliates of Wipro for aggregate sale proceeds of approximately $210 million
ATCO
in the negotiation, structuring and other commercial matters relating to ATCO entering into a strategic alliance with Wipro
Cheung Kong
in a $84-billion (implied enterprise value) reorganization and combination of their respective businesses and the separation of their non-property and property businesses into two new Hong Kong-listed companies
Continental Airlines
in the transfer of a domain name under the Canadian Internet Registration Authority's Domain Name Dispute Resolution Policy
District Ventures
in its fund to invest in early state opportunities in the consumer packaged goods and health and wellness spaces
Westport Innovations
extended the maturity of its 9% unsecured subordinated non-convertible debentures and raised an additional $19 million through the issuance of debentures offered by Richardson GMP on identical terms
OMERS Ventures
in its participation in the $46-million Series C funding round of Wattpad
PricewaterhouseCoopers
in its cross-border Companies Creditors' Arrangement Act proceedings
Research In Motion
in its $150-million acquisition of Certicom
RuggedCom
with its $46-million initial public offering, governance matters and general corporate matters
Successfully defended the use of surveillance cameras as an anti-crime measure in a formal inquiry at the Alberta Office of Information and Privacy Commissioner

Recognitions

Chambers Canada
Ranked, Information Technology
Chambers Fintech Guide
Ranked, Chambers Fintech
Chambers Global
Band 4, Information Technology

The Legal 500 Canada
Ranked, Technology, Media and Telecoms
Canadian Legal Lexpert Directory
Consistently Recommended, Technology Transactions (Calgary)
Repeatedly Recommended, Technology Transactions (Toronto)
Burns Stephen

Stephen D. Burns

Partner, Trademark Agent  •   Co-Head of Innovation, Technology & Branding Practice

Blog

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Ruth E. Promislow, Caroline Poirier & Suzie Suliman
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Heightened Privacy Obligations for Organizations in Alberta: Changes May Be on the Horizon

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A Report on Quebec Consumer Class Actions

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Fintech in Canada Q2 2024

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Matthew Flynn, Simon Grant & Kwang Lim

At the centre of market-shaping deals and high-stakes disputes, Bennett Jones delivers clarity, strategy and results. Our cross-border teams turn complexity into progress, always focused on what drives your success.

Your Guide to Legal Solutions: IT & Business Services

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The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.