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What is Technology Transactions?

Best Technology transactions lawyers in Canada as ranked by Lexpert

Technology lawyers focus on the development and finance of technology-based businesses. Technology lawyers are involved working with investors, start-up or later stage enterprises, venture capital investors, technology lenders and technology-oriented investment dealers in such matters as private and public financings; stockholder and employment matters; strategic alliances, partnerships and joint ventures; stock exchange listings; and mergers and acquisitions.

 

This often necessitates working closely over a long period with a technology business at all stages, from initial business and financial start-up plans to an IPO and beyond to such high-end matters as mergers and acquisitions or corporate governance.

 

Please note that the Lexpert Directory has separate sections for:

  • IT & computer lawyers
  • Intellectual property lawyers
  • Telecommunications lawyers
  • Life sciences and health lawyers

 

What are technology transactions lawyers working on?

Business transactions could encompass a lot of things regarding business-related activities or undertakings – from the “birth” of a business company, in running its usual or normal operations, until its eventual peak, or maybe up to its eventual corporate “death”. Technology transactions are no different, however, with some things unique as an emerging and growing industry.

 

Technology Transactions

Technology transactions is a general term which refers to all transactions, activities, and legal pursuits for the establishment or in running a business which has a component of technology with it. Thus, the work of a technology transactions lawyer may also refer to a wide range of services in line with this broad reach of technology transactions, involving any of the parties or entities therein, namely, the developers, the distributors, and the customers. Some of the areas or types of technology transactions are the following:

 

Financing

First among the areas or type of technology transaction is financing a start-up technology business. A technology business may pertain to a software or systems development company, hardware production business, IT company, tech-assisting or customer relationship company, among many others. It involves finding possible investors and engagement of capitalisation methods through borrowings and loans.

 

At this early stage, the legal practice of a technology transactions lawyer starts – where financing would entail the need to execute or enter contracts, participation in negotiations for its perfection, and interpretation of the legal clauses and terms for business owners.

 

Corporate Structuring

After financing, technology transaction now comes in through corporate structuring of the technology company. It involves forming the company system for the higher-ups, setting up company policies, establishing employee roles and responsibilities, etc. These may require transacting with government regulatory agencies for compliance purposes, and a technology transactions lawyer may assist technology companies with these processes.

 

Licensing

When technology companies create products, or acquire existing ones, it must license these products in accordance with federal laws, which may involve government or public entities, and according to international conventions whenever applicable.

 

Products referred here may include e-commerce or online business platforms; software which are heavily influenced by intellectual property (IP) licensing; or digital media and content, such as mobile applications, video games, music recordings, TV shows or movies, etc.

 

Agreements

In connection with licensing are licensing agreements with other technology companies for expansion and acquisition. Other agreements entered by technology companies may involve software development agreements; distribution arrangements; end-user license agreements; services agreements; collaboration and joint development agreements; among others.

 

With the specialisation of a technology transactions lawyer in this field and by relying on their services, clients entering into agreements are assured that their goals and interests are met or that they are not at the losing end in these agreements.

 

Intellectual Property (IP)

The bread and butter of technological companies are new and fresh ideas, products, and services offered for public consumption. These companies compete among themselves to race for the most updated and the most alluring trend nowadays. This is due to the fact that the internet-based and IT-influenced sector of technology is a fast paced one, and one must always be on their toes to keep up with it. Hence, intellectual property (IP) licensing and registration is an important part of technology transactions.

 

Whether it may be the company’s trademark, its patent, or a trade secret, a technology transactions lawyer may guide companies in registering these intellectual properties to be fully protected under the law from infringement.

 

Mergers and Acquisitions (M&A)

A growing trend among technology companies are mergers and acquisitions (M&A). When circumstances permit, especially among smaller start-up companies, a merger becomes the best option to grow their value and acquire resources not available to one when operating alone.

 

In some cases, acquisitions may occur where a mid or large technology corporation buys-out or acquires a smaller technology company. Here, the acquired company (usually the smaller one) would either retain its original entity and brand, or may adopt its buyer’s, depending on which is more advantageous. As such, a technology transactions lawyer may represent either company in going through the process of M&A, especially in complying with numerous and overlapping laws and regulations on M&A.

 

Litigation

Litigation or court actions under technology transactions may have different causes of action against the alleged offender. With regards to the court which has jurisdiction over the case, and the most applicable law granting the plaintiff the right to sue, it’s highly recommended to consult with a technology transactions lawyer. Below are the most common cases which are highly litigious in nature:

  • Infringement of intellectual property (IP) rights
  • Breaches of agreements and contracts
  • Investment or financing breaches

 

What Canadian laws govern technology transactions?

Since Canada does not have a single federal legislation governing technology transactions, it is carried out and regulated by other fields or areas of law through federal statutes, and by common law.

 

Law on Contracts

Since most technology transactions involve contracts, it would necessarily apply the general principles and doctrines of contracts law found in common law for most provinces and territories, and in Quebec’s Civil Code. Generally, it would impose upon the parties to diligently accede to the terms of the contract, especially when it has been bilaterally and consensually agreed upon, and any breach thereof would constitute liability on the violator.

 

Intellectual Property (IP) Laws

Respective Canadian intellectual property (IP) laws may apply to technology transactions, such as the Patent Act, Trademarks Act, and Industrial Design Act. When inventions or new products are produced by technological companies, registration or licensing under these Acts may be pursued with the help of a technology transactions lawyer to afford these companies the legal protection against illegal use or infringement.

 

Commercial & Finance Laws

Different commercial and finance laws may apply in technology transactions. In a merger and acquisition, the Competition Act of Canada may have to considered since a merger or an acquisition may have to follow some procedures before it can be declared as a complete transaction. The provisions of the Canada Business Corporations Act (CBCA) may apply, especially with respect to the incorporation and corporate structuring of technology businesses.

 

Head down below for the list of the best technology transactions lawyers in Canada for any consultation or advice regarding your technology or IT businesses or transactions. Everyone below has reached Lexpert Ranked status.

Ontario

Toronto Leading Firms
Most Frequently Recommended
Blake, Cassels & Graydon LLP
McCarthy Tétrault LLP
Osler, Hoskin & Harcourt LLP
Torys LLP
Consistently Recommended
Davies Ward Phillips & Vineberg LLP
Deeth Williams Wall LLP
Dentons Canada LLP
Fasken Martineau DuMoulin LLP
Goodmans LLP
Gowling WLG
Norton Rose Fulbright Canada LLP
Stikeman Elliott LLP
Repeatedly Recommended
Aird & Berlis LLP
Bennett Jones LLP
Borden Ladner Gervais LLP (BLG)
Cassels Brock & Blackwell LLP
DLA Piper (Canada) LLP
Smart & Biggar
Torkin Manes LLP
WeirFoulds LLP
Wildeboer Dellelce LLP
Toronto Leading Practitioners
Most Frequently Recommended
Chad Bayne
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Wendy J. Gross
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Christine Ing
Toronto, Ontario
McCarthy Tétrault LLP
Barry B. Sookman
Toronto, Ontario
McCarthy Tétrault LLP
Consistently Recommended
Andrew C. Alleyne
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Adam S. Armstrong
Toronto, Ontario
Torys LLP
Richard Austin
Toronto, Ontario
Deeth Williams Wall LLP
Michael G. Beairsto
Toronto, Ontario
Dentons Canada LLP
Eric Boehm
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Michael G.G. Fekete
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Vanessa Grant
Toronto, Ontario
Norton Rose Fulbright Canada LLP
Simon H. Hodgett
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Wesley Ng
Toronto, Ontario
Stikeman Elliott LLP
Andrew S. Nunes
Toronto, Ontario
Fasken Martineau DuMoulin LLP
W. Ian Palm
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Joel Ramsey
Toronto, Ontario
Torys LLP
Parna Sabet-Stephenson
Toronto, Ontario
Gowling WLG
Gary S.A. Solway
Toronto, Ontario
Bennett Jones LLP
Repeatedly Recommended
Imran Ahmad
Toronto, Ontario
Norton Rose Fulbright Canada LLP
Alethea Au
Toronto, Ontario
Stikeman Elliott LLP
K. Paige Backman
Toronto, Ontario
Aird & Berlis LLP
John P. Beardwood
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Jessica Bishop
Toronto, Ontario
Goodmans LLP
Lisa Danay Wallace
Toronto, Ontario
WeirFoulds LLP
Jennifer R. Davidson
Toronto, Ontario
Deeth Williams Wall LLP
S. Wendy Del Mul
Toronto, Ontario
Dentons Canada LLP
Perry N. Dellelce
Toronto, Ontario
Wildeboer Dellelce LLP
Justin Dharamdial
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Justin Drake
Toronto, Ontario
Blake, Cassels & Graydon LLP
Jay Duffield
Toronto, Ontario
Dentons Canada LLP
Mark J. Fecenko
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Jamie Firsten
Toronto, Ontario
Goodmans LLP
Christopher A. Hewat
Toronto, Ontario
Blake, Cassels & Graydon LLP
Mike Hollinger
Toronto, Ontario
Dentons Canada LLP
Donald B. Johnston
Toronto, Ontario
Aird & Berlis LLP
James Kosa
Toronto, Ontario
WeirFoulds LLP
Konata T. Lake
Toronto, Ontario
Torys LLP
Lisa R. Lifshitz
Toronto, Ontario
Torkin Manes LLP
Robert L. Percival
Toronto, Ontario
Blake, Cassels & Graydon LLP
André Perey
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Ebad Rahman
Toronto, Ontario
Torys LLP
Cheryl V. Reicin
Toronto, Ontario
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Will Shaw
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Marc Shewchun
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Elisabeth Symons
Toronto, Ontario
Deeth Williams Wall LLP
Ryan Unruch
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Kitchener-Waterloo Leading Firms
Repeatedly Recommended
Gowling WLG
Kitchener-Waterloo Leading Practitioners
Consistently Recommended
Todd Bissett
Kitchener-Waterloo, Ontario
Pulse Law LLP
Ottawa Leading Firms
Most Frequently Recommended
LaBarge Weinstein LLP
Consistently Recommended
Osler, Hoskin & Harcourt LLP
Repeatedly Recommended
Dentons Canada LLP
Gowling WLG
Stikeman Elliott LLP
Ottawa Leading Practitioners
Most Frequently Recommended
Deborah L. Weinstein
Ottawa, Ontario
LaBarge Weinstein LLP
Consistently Recommended
Chase Irwin
Ottawa, Ontario
Dentons Canada LLP
Andrea C. Johnson
Ottawa, Ontario
Dentons Canada LLP
David P. Little
Ottawa, Ontario
Dentons Canada LLP
Repeatedly Recommended
Paul Amirault
Ottawa, Ontario
Norton Rose Fulbright Canada LLP
Pierre-Paul Henrie
Ottawa, Ontario
Norton Rose Fulbright Canada LLP
Thomas A. Houston
Ottawa, Ontario
Dentons Canada LLP
Derek S. Keay
Ottawa, Ontario
Gowling WLG
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