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Information Technology

Fasken Martineau has a well-deserved reputation as one of Canada's leading law firms in Information Technology, including Internet and e-commerce, technology licensing, software implementation, development, licensing, hosting and/or support, outsourcing, joint ventures, technology-related financings, mergers and acquisitions, and reorganizations. We provide advice and assistance to a broad range of clients; from independent entrepreneurs and start-ups to established businesses and multi-national corporations.

Internet and E-Commerce: Navigating the complexities of e-commerce and internet law is fundamental in today's hi-tech business environment. Internet law governs dealings over the Internet, such as jurisdiction, defamation, host liability, privacy, on-line contracts, consumer protection, website security, signatures and intellectual property issues; while e-commerce focuses on how to conduct business over the Internet. We track e-commerce legislation and policy studies as well as developing industry standards. At Fasken Martineau, we understand and internally address the narrow distinction between the two practice areas, but provide seamless service to clients.

Software/Technology Licensing and Implementation: We have significant experience in negotiating and drafting technology license agreements, which are the foundation of any technology-related commercial transaction, as well as development, implementation, hosting and support agreements. Whether it's a simple stand-alone license, a comprehensive commercial systems implementation agreement, or one aspect of a larger corporate transaction, our team will devise a solution to ensure that the most precious technology assets of your business are securely managed and/or protected and capitalized on.

Outsourcing: Our team advises clients on how to effectively structure their outsourcing projects to ensure that they achieve long-term success. In this regard, we regularly provide advice and assistance in managing the RFP process; defining the scope of project services and transition-in and -out services; setting project milestones and pricing structures; setting service levels, benchmarking and performance criteria; establishing critical project management, change control and governance structures; and implementing dispute resolution mechanisms.

Technology-Related Joint Ventures, Financings, Mergers and Acquisitions: When your professional or commercial relationship with another person or business calls for a joint venture or strategic alliance, we can advise and document the best way for you to maximize your returns while ensuring that your technology and other interests are protected. The combination of a strong business law practice and computer and IT law knowledge means that we are well-positioned to effect your technology-related financing or M&A transaction.

Recognizing the need for balanced, pragmatic decision-making, but also the expediency with which you must implement those decisions, our team provides the level of service required to keep pace. As part of a full-service firm, we work closely with in-house practitioners in Intellectual Property, Securities, Corporate Finance, Tax, Mergers & Acquisitions, Employment Law and Technology Litigation to ensure all of your IT-related legal concerns are addressed.

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