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Client Work

Nautical Data International insolvency proceedings and sale of rights to Department of Fisheries and Oceans

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Confidential Client

On March 30, 2007, Newfoundland-based Nautical Data International, Inc. ("NDI") and the Canadian Federal Department of Fisheries and Oceans ("DFO") completed the sale back to DFO of NDI's rights under its sole licence agreement with DFO, thus concluding the relationship between the parties that had begun in 1993 when DFO first licensed the rights to NDI. Prior to the sale, NDI had the sole right to distribute electronic charts and data produced by the Canadian Hydrographic Service ("CHS"), which are of tremendous significance in navigation and underwater exploration. With the sale, CHS has now itself reassumed responsibility for distribution of electronic navigational products through a network of dealers and value-added resellers. NDI was represented by chief executive officer Mohammad Al Zaibak and board chair Dr. Phil Lapp, and by Fasken Martineau with a team led by Ian Kyer, and including Jason Kee (corporate/commercial, technology and IP), Mitchell Thaw (tax), Paul Casuccio (commodity tax), Edmond Lamek (bankruptcy), Ronald Walker and Jennifer Egsgard (litigation), and Kevin Yip (student-at-law). This transaction followed extensive litigation between NDI and DFO in the Bankruptcy Court of Newfoundland and Labrador and in the Federal Court of Canada, in which NDI was represented by a team from Fasken Martineau led by John Campion and including Berkley Sells and Beth Givens.


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