Information Technology Law

 

Information Technology (“IT”) continues to challenge and redefine traditional business models for the exchange and delivery of products and services with the arrival of blockchain technology, virtual currencies and artificial intelligence. Technologies such as social media and Software as a Service (SaaS), for example, allow small businesses and not-for-profits to access services previously reserved for larger organizations.

However, while a desire to improve operations with innovative IT solutions may provide measurable and advantageous results, it is not without legal risks. Spending more money on sophisticated IT solutions does not necessarily protect your business or not-for-profit from regulatory sanctions due to non-compliance with applicable legislation or liability for consequential damages, for example. The best results come from combining a strong legal risk management approach with the appropriate IT framework.

Carters offers proactive legal risk management advice to clients across Canada, the United States and around the world, including:

  • Drafting and negotiating service agreements, including Service as a Software (SaaS);
  • Licensing of information technology, including software license agreements;
  • Technology development and co-development agreements;
  • Protection and enforcement of intellectual property rights;
  • Technology transfer agreements;
  • Non-disclosure and confidentiality agreements;
  • Compliance with privacy and anti-spam legislation and regulations, including breach reporting and data protection;
  • Governance policies for social media, privacy and cybersecurity, including bring-your-own-device; and, when things don’t go as planned,
  • Conflict resolution services in connection with IT disputes.

Carters provides integrated IT-related legal advice with a team of lawyers each of whom contribute a different area of expertise that is relevant to IT law, including risk management, litigation and alternative dispute resolution, intellectual property, privacy, and business law. Further, because of our experience advising organizations at both national and regional levels, we are able to assist a wide variety of clients, whether large or small, for-profit or not-for-profit. 

Lawyers

Nancy E. Claridge
Nancy E. Claridge
Partner
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Barry W. Kwasniewski
Barry W. Kwasniewski
Partner
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Sean S. Carter
Sean S. Carter
Partner
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 Esther Shainblum
Esther Shainblum  
Associate
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Sepal Bonni
Sepal Bonni
Associate
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Luis R. Chacin
Luis Chacin
Associate
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Publications
Recent Developments in Information Technology Law Affecting Charities and NFPs
By Sean S. Carter, Esther Shainblum and Luis R. Chacin, Charity & NFP Law Bulletin No. 457, November 28, 2019.
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Proposed New Uniform Public Appeals and Crowdfunding Act
By Terrance S. Carter and Luis R. Chacin, Charity & NFP Law Bulletin No. 455, August 29, 2019.
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Canada Introduces Digital Charter and Proposes Reforms to PIPEDA
By Esther Shainblum, Charity & NFP Law Bulletin No. 449, May 30, 2019.
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Legal Issues in Social Media for Charities and Not-for-Profits
By Terrance S. Carter, Charity & NFP Law Bulletin No. 441, February 27, 2019.
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The Impact of The US-MEXICO-CANADA AGREEMENT (USMCA) On Privacy and IP Issues
By Esther Shainblum and Sepal Bonni, Charity & NFP Law Bulletin No. 433, October 25, 2018.
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Full listing of Publications

Speaking Engagements & Seminar Materials
Legal Challenges in Social Media for Churches & Charities
By Terrance S. Carter, upcoming 26th Annual Church & Charity Law Seminar, Thursday November 7, 2019.
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Navigating Data & Privacy Breaches for Churches & Charities
By Esther Shainblum, upcoming 26th Annual Church & Charity Law Seminar, Thursday November 7, 2019.
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New Trademarks Act Now in Force: What it Means to Your Church & Charity
By Sepal Bonni, upcoming 26th Annual Church & Charity Law Seminar, Thursday November 7, 2019.
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