David Wotherspoon

David Wotherspoon, partner, is a member of the firm's Commercial Litigation and National Technology & Intellectual Property (IP) Groups. He is a commercial litigator whose practice is primarily in the areas of intellectual property, technology and defamation. David has assisted clients in all corresponding facets: counterfeiting, advertising disputes, and software & product development disputes.

His prior experience as a news photographer led to his curiosity in media issues. It transferred into his legal career as he pursued matters of defamation and media issues, such as publication bans. To date, David has provided advice and expertise in more than 100 defamation matters.

Many of David's cases have involved protecting businesses that have been targeted in a way that requires intense and swift action and often injunctions to safeguard clients' rights. David continually delivers extraordinary success in this particular area of his practice.

For more than a decade, David has also been involved in technology disputes – typically more complex transactions that include meticulous contract and document reviews, and careful but aggressive pursuit of clients' rights.

No matter what legal role David assumes for his clients, he always applies a business-oriented approach. David finds a business solution first, bearing in mind that the best result may ultimately include litigation.

Selected Experience

• Counsel to TELUS in numerous matters including injunctions to restraining use of copyrighted materials; restrain breach of confidence; restrain posting of threatening materials on the Internet; misleading advertising
• Canadian Pacific Railway Company v. Teamsters Canada Rail Conference

News

• Hot Off the Press: David Wotherspoon & Alex Cameron author book on electronic evidence and e-discovery
• David Wotherspoon featured in BC Business magazine

Publications

• Hot Off the Press: Fasken Martineau literally writes the book on electronic evidence and e-discovery
• Bill C-32: New Proposal to Reform Canadian Copyright Act - A Detailed Review

Presentations

• IT Litigation Seminar: Getting IT Right
• Injunctions: The Practical Guide to Law, Procedure and Strategy

Membership/Affiliations

• Director, Emily Carr University
• Director, Collingwood School
• Associate Member, Intellectual Property Institute of Canada
• Guest Lecturer, Emily Carr Institute of Art and Design University (2002-present)
• Volunteer, Artists Legal Outreach, Alliance for Arts and Culture