OVERVIEW & EXPERTISE

 

While there is widespread commitment to strengthening cybersecurity nationally and globally, recent high-profile data security incidents demonstrate the persistence of cyber-attacks and their devastating financial and reputational effects on an enterprise, its officers, directors, employees and shareholders.

Private- and public-sector organizations from a wide range of industries face a broad spectrum of threats ranging from the breach of a computer network to the theft or loss of personal information, intellectual property and financial data.

Complying with complex laws involving data protection and loss, consumer protection, privacy, disclosure requirements combined with increased regulatory oversight and class action activity requires a comprehensive approach to cybersecurity both before a data breach and afterwards. 

How We Can Help

The Blakes Cybersecurity group is a multidisciplinary team of lawyers with significant technology, regulatory, privacy, employment, financial services, crisis management and litigation expertise. We understand the complex, interrelated legal, technical and compliance issues involved in cybersecurity. Our experienced team advises clients at all points along the cyber-risk spectrum: from risk mitigation to incident response and dispute resolution.

Risk Mitigation

We work with clients across a wide range of industries to proactively develop measures and controls for mitigating the risk of a data breach. We have particular expertise advising on compliance requirements in highly regulated industries, such as financial services, investment management, and life sciences.

We regularly advise on:

  • Improving privacy, data use, breach response policies and procedures, communications, and training
  • Privacy and data security risks associated with outsourcing data and in connection with new technologies
  • Drafting data protection terms for service provider agreements
  • Data protection obligations under various federal and provincial legislation
  • Educating board of directors, the C‑suite and IT managers of the risks of data breaches, including the potential business, financial, reputational and legal risks unique to each enterprise
  • Risks associated with data collection and retention 

In the area of competition law, we advise on information sharing among competitors/ industry associations as part of joint/shared responses to threats and on cybersecurity issues arising in the context of securing approval under the Investment Canada Act, particularly with respect to technology businesses.

Incident Response

In the immediate aftermath of a cyber-attack, we work with subject-matter experts within Blakes and other external advisers to provide strategic and expedient counsel on: 

  • Incident response and crisis management involving the legal, IT, communications, HR and training functions across an organization as well as third-party vendors
  • Legally required notice under provincial privacy laws and health privacy legislation (federal legislation is pending)
  • Responding to allegations of misuse of personal data by an employee
  • Conducting internal investigations and managing investigations by law enforcement or regulators
  • Public relations and media management
  • Management of consumer concerns
  • Negotiations with payment card issuers
  • Call centre and investor relations communications and training
  • Potential class action liability 

Dispute Resolution

Blakes has the expertise and experience to defend class actions and other litigation resulting from data breaches. In addition to regularly coordinating with U.S. and other foreign counsel, we offer true cross-border experience: members of our team have acted in the U.S. as counsel to major retailers and service providers in responding to litigation and U.S. government investigations arising from their data breaches.

Examples of our privacy class action defence and other litigation experience include advising:

  • A major North American automotive manufacturer in a proposed privacy class action
  • Defending a corporation in a class action related to the loss of data tapes containing the personal and financial information of its customers
  • Representing an investment firm in a class action in Saskatchewan arising from the theft of a computer hard drive that allegedly contained private investment and personal data
  • Advising a defendant in a class action relating to alleged hacking of a database of information collected through a customer loyalty program 

Our litigators are supported by our market-leading E-Discovery & Document Management team, who provide strategic advice on processes for protecting the security and privacy of documents and data in significant document production and discovery obligations.

 

 INDUSTRY RECOGNITION

 

Lawyers in our Cybersecurity group are recognized for their expertise in technology law, privacy, dispute resolution, class action defence, competition, securities and financial services regulatory, and employment law in the most recent editions of the following publications:  

  • Chambers Canada: Canada's Leading Lawyers for Business
  • Chambers Global: The World’s Leading Lawyers for Business
  • The Canadian Legal Lexpert Directory
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys
  • The Best Lawyers in Canada
  • Who's Who Legal: Canada
  • Who’s Who Legal 

 

 

 PEOPLE

 
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Associate | Toronto
Toronto: 416-863-2678
Areas of Expertise: Litigation & Dispute Resolution, Securities Litigation, Corporate Litigation, Business Crimes, Investigations & Compliance, Class Actions, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Partner | Toronto
Toronto: 416-863-2269
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Product Liability, Privacy, Communications, Life Sciences, Infrastructure, Competition Litigation, Freedom of Information, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Government & Public Sector
Partner | Montréal
Montréal: 514-982-4031
Areas of Expertise: Anti-spam, Drugs & Medical Devices, IP Licensing & Agreements, Information Technology, Privacy, Life Sciences, Retail & Consumer Products, Food, Beverage & Agribusiness, Cybersecurity
Partner | Montréal
Montréal: 514-982-4042
Areas of Expertise: Corporate & Commercial, Information Technology, Mergers & Acquisitions, Outsourcing, IP Licensing & Agreements, Intellectual Property, Cybersecurity, Fintech
Senior Staff Lawyer | Toronto
Toronto: 416-863-2459
Areas of Expertise: Cybersecurity and Data Breach Response & Litigation, E-Discovery & Document Management, inSource, Competition & Antitrust, Litigation & Dispute Resolution, Class Actions
Partner | Toronto
Toronto: 416-863-4262
Areas of Expertise: Competition & Antitrust, Foreign Investment, China, Europe, United States, Plan Nord, Competition Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising, Japan, Pension Funds Investment, Investment Funds, Investment Vehicles, Cybersecurity, Government & Public Sector
Associate | Toronto
Toronto: 416-863-4021
Areas of Expertise: Information Technology, Outsourcing, Corporate & Commercial, Cybersecurity, Financial Services
Partner | Toronto
Toronto: 416-863-2408
Areas of Expertise: International Dispute Resolution, Media & Defamation, Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Privacy, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Enterprise Risk & Crisis Response, Government & Public Sector
Partner | Toronto
Toronto: 416-863-5849
Areas of Expertise: Corporate Litigation, Tax Controversy & Litigation, Class Actions, Privacy, Freedom of Information, Media & Defamation, Constitutional & Charter of Rights, Business Crimes, Investigations & Compliance, Cybersecurity and Data Breach Response & Litigation, Construction Dispute Resolution, Cybersecurity
Partner | Toronto
Toronto: 416-863-3266
Areas of Expertise: inSource, Class Actions, Corporate Litigation, Competition Litigation, Merger Review & Control, E-Discovery/SIRs, Securities Litigation, E-Discovery & Document Management, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Partner | Montréal
Montréal: 514-982-4008
Areas of Expertise: Information Technology, Communications, India, Mergers & Acquisitions, Intellectual Property, Life Sciences, Copyright, IP Licensing & Agreements, Patents, Trade-marks, Gaming, Outsourcing, Cybersecurity
Partner | Toronto
Toronto: 416-863-2667
Areas of Expertise: Information Technology, IP Licensing & Agreements, Technology, Outsourcing, Life Sciences, Communications, Cybersecurity, Enterprise Risk & Crisis Response, Fintech
Partner | Toronto
Toronto: 416-863-2956
Areas of Expertise: Financial Services Regulatory, Banking, Insurance, Reinsurance, Anti-Money Laundering, Consumer/Retail Financial Services, Payment Cards & Technologies, Residential Mortgage Business, Business Crimes, Investigations & Compliance, Lobbying, Cybersecurity, Government & Public Sector
Partner | Toronto
Toronto: 416-863-2352
Areas of Expertise: Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, Misleading Advertising, India, Marketing & Health Regulatory, Competition & Antitrust, Foreign Investment, E-Discovery/SIRs, Merger Review & Control, Pension Funds Investment, Investment Funds, Investment Vehicles, Cybersecurity, Enterprise Risk & Crisis Response, Government & Public Sector
Assistant General Counsel | Toronto
Toronto: 416-863-4291
Areas of Expertise: Cybersecurity
Partner | Toronto
Toronto: 416-863-3277
Areas of Expertise: Capital Markets, Corporate Governance, Mergers & Acquisitions, Investment Products & Asset Management, Europe, United States, Latin America, Cybersecurity, Fintech
Partner | Toronto
Toronto: 416-863-3161
Areas of Expertise: Intellectual Property, Marketing & Health Regulatory, Life Sciences, Privacy, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Associate | Toronto
Toronto: 416-863-2960
Areas of Expertise: Corporate & Commercial, Information Technology, Technology, Outsourcing, Cybersecurity
Partner | Toronto
Toronto: 416-863-3067
Areas of Expertise: Marketing & Health Regulatory, Intellectual Property, Life Sciences, Renewables (Wind, Solar, Hydro & CleanTech), Privacy, Drugs & Medical Devices, Anti-spam, Cybersecurity
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