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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. |
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Partner | Toronto
Toronto: 416-863-4329
Areas of Expertise:
Corporate & Commercial, Cybersecurity, Enterprise Risk & Crisis Response, Information Technology, Privacy, Technology
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Associate | Montréal
Montréal: 514-982-4138
Areas of Expertise:
Corporate & Commercial, Cybersecurity, Information Technology, Privacy
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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, Drones
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Partner | Montréal
Montréal: 514-982-4031
Areas of Expertise:
Anti-Spam, Drugs & Medical Devices, IP Licensing & Agreements, Information Technology, Privacy, Life Sciences, Retail, Food, Beverage & Agribusiness, Cybersecurity, Government & Public Sector, Consumer Protection
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Associate | Toronto
Toronto: 416-863-2358
Areas of Expertise:
Cybersecurity, Fintech, Information Technology, IP Licensing & Agreements, Privacy, Technology
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Partner | Montréal
Montréal: 514-982-4042
Areas of Expertise:
Corporate & Commercial, Information Technology, Mergers & Acquisitions, Outsourcing, IP Licensing & Agreements, Intellectual Property, Cybersecurity, Fintech
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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
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Associate | Toronto
Toronto: 416-863-2480
Areas of Expertise:
Privacy, Copyright, IP Litigation, IP Licensing & Agreements, Trademarks, Cybersecurity
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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
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Partner | Toronto
Toronto: 416-863-4021
Areas of Expertise:
Information Technology, Outsourcing, Corporate & Commercial, Cybersecurity, Financial Services, IP Licensing & Agreements, Fintech, Banking, Insurance, Power, Technology, Mergers & Acquisitions
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Partner | Toronto
Toronto: 416-863-2408
Areas of Expertise:
Arbitration, 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
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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
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Partner | Montréal
Montréal: 514-982-4008
Areas of Expertise:
Information Technology, Communications, India, Mergers & Acquisitions, Intellectual Property, Life Sciences, Copyright, IP Licensing & Agreements, Patents, Trademarks, Gaming, Outsourcing, Cybersecurity, Defence, Emerging Companies & Venture Capital, Drones
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Partner | Toronto
Toronto: 416-863-2399
Areas of Expertise:
Class Actions, Product Liability, Constitutional & Charter of Rights, Freedom of Information, Litigation & Dispute Resolution, Life Sciences, Government & Public Sector, Cybersecurity, Cybersecurity and Data Breach Response & Litigation
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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, Credit Unions
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Partner | Vancouver
Vancouver: 604-631-3327
Areas of Expertise:
Employment Law, Employment Litigation, Health & Safety, Human Rights & Accommodation, Labour Law, Litigation & Dispute Resolution, Privacy, Pensions & Benefits, Executive Compensation, Freedom of Information, Government & Public Sector, Corporate Litigation, Cybersecurity and Data Breach Response & Litigation
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Assistant General Counsel | Toronto
Toronto: 416-863-4291
Areas of Expertise:
Cybersecurity
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Associate | Calgary
Calgary: 403-260-9798
Areas of Expertise:
Employment Litigation, Labour Law, Privacy, Litigation & Dispute Resolution, Executive Compensation, Pensions & Benefits, Privacy, Cybersecurity
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Partner | Toronto
Toronto: 416-863-3277
Areas of Expertise:
Capital Markets, Corporate Governance, Mergers & Acquisitions, Investment Products & Asset Management, Cybersecurity, Fintech, Shareholder Activism
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Partner | Toronto
Toronto: 416-863-3161
Areas of Expertise:
Intellectual Property, Marketing & Health Regulatory, Life Sciences, Privacy, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Drones, Consumer Protection
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