Nicole Henderson
Partner | Toronto
Toronto: 416-863-2399

Nicole litigates class actions and other complex disputes, with a focus on product liability and cybersecurity. She also practises public law, including constitutional, administrative, regulatory and freedom of information matters.

In her cybersecurity practice, Nicole frequently advises organizations dealing with a data breach or information security incident. She also represents defendants in privacy class actions and regulatory investigations arising out of cybersecurity incidents.

Nicole has particular expertise in the life sciences industry and regularly acts for leading manufacturers and distributors of pharmaceutical medicines, medical devices and other health products.

Prior to joining Blakes, Nicole clerked at the Federal Court of Appeal.

SELECT EXPERIENCE
  • Currently representing a gaming facility, a public-sector entity and an investment company in class actions related to alleged privacy breaches

  • Member of the trial team in the first medical products class action to go to trial in Ontario (146 trial days), which obtained a trial ruling dismissing the action against one of the world's leading manufacturers of life-saving cardiac devices in a national class action claiming more than a billion dollars in damages, alleging negligent design, testing and warning

  • Lead trial counsel in a commercial leasing dispute, successfully obtaining dismissal of the entire action

  • Lead counsel to a leading manufacturer of heavy equipment, successfully obtaining early summary judgment in a product liability case seeking over C$7-million in damages

  • Counsel to a defendant in an antitrust class action seeking approximately C$1.4-billion in damages, successfully obtaining summary judgment prior to certification on the basis of the regulated conduct defence

  • Currently representing leading multinational manufacturers/distributors in numerous class actions and mass tort proceedings relating to medical devices and pharmaceutical medicines

  • Counsel on a judicial review application under the Ontario Freedom of Information and Protection of Privacy Act addressing the scope of the third party information exemption

PUBLICATIONS
Show Past:
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Blakes Bulletin on Litigation & Dispute Resolution, March 18, 2019.
Author: Canada Chapter
The International Comparative Legal Guide to Product Liability, 16th Edition, Global Legal Group, June 2018.
Co-author: Privacy Class Actions Five Years after Jones v. Tsige - Key Ontario and Federal Court Decisions
Cybersecurity and Privacy Law for Litigators, Advocates' Society, Toronto, Ontario, October 23, 2017.
Author: Canada Chapter
The International Comparative Legal Guide to Product Liability, 15th Edition, Global Legal Group, May 2017.
Co-author: Privacy Class Actions Five Years after Jones v. Tsige - Key Ontario and Federal Court Decisions
Privacy Class Actions: Defining the Standard of Care and Exploring the Impacts of a Breach, Ontario Bar Association's Institute, Toronto, Ontario, February 8, 2017.
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PROFESSIONAL APPEARANCES
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Moderator: Dealing with cyber risk, GDPR and privacy compliance
Women in Litigation Forum, Benchmark Litigation, Toronto, Ontario, October 18, 2018.
Speaker: Mandatory Breach Reporting Under PIPEDA
Cybercrime: Threat Landscape and Working with Law Enforcement, Blakes Business Class Seminar on Cybersecurity, Toronto, Ontario, September 20, 2018.
Program Chair: Class Actions: Best Practices for Class Actions Settlements
Ontario Bar Association, Toronto, Ontario, April 20, 2018.
Panellist: Defence Issues
9th Annual Class Actions Colloquium, Ontario Bar Association, Toronto, Ontario, December 4, 2017.
Speaker: Drug and Device Class Actions Update
Legal Issues and Trends for the Life Sciences Industry, Blakes Business Class Seminar, Toronto, Ontario, November 15, 2017.
Program Chair: The Evolution of Class Actions: A Conversation with Harvey Strosberg, Q.C.
Ontario Bar Association, Toronto, Ontario, October 24, 2017.
Moderator: 160 Girls Project
Practices in the Elimination of Discrimination Against Women: Key Insights and Case Studies, Working Group on Discrimination Against Women in Law and Practice, United Nations, Geneva, Switzerland, June 9, 2017.
Panellist: Cybersecurity and Privacy Class Actions
Ahead of the Class: Important Updates and Developments in Class Actions, Blakes Business Class Seminar, Toronto, Ontario, February 2, 2017.
Speaker: Hot Topics in Product Liability Class Actions
8th Annual Class Actions Colloquium, Ontario Bar Association, Toronto, Ontario, December 5, 2016.
Speaker: Trends and Hot Topics in Privacy Class Actions
Class Actions for Litigators, Law Society of Upper Canada, November 15, 2016.
Speaker: Challenging the Regulators
Blakes Business Class Life Sciences Seminar, Toronto, Ontario, September 20, 2016
Speaker: Tools of the Trade - Technology for E-Trials Big and Small
A Special Litigation Presentation: Electronic Trials, The Advocates' Society, Toronto, Ontario, June 23, 2016.
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MEDIA APPEARANCES
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Quoted: Connected devices can lead to security risks
Interviewed by Marg Bruineman, Law Times, May 14, 2018.
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