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

Nicole litigates class actions and other complex disputes, with a focus on cybersecurity and product liability. 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
  • Counsel to an investment firm in a class action relating to alleged privacy breaches, successfully opposing the plaintiffs' motion for certification

  • Counsel to a gaming facility and public-sector entity in a privacy class action arising out of a cyberattack, successfully opposing the plaintiffs’ motion for certification

  • 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

  • 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 (upheld by the Ontario Court of Appeal)

  • Counsel to a public-sector procuring entity in a judicial review application challenging its debarment of a contractor, successfully opposing the application (named one of Lexpert's Top 10 Business Decisions of 2018)

  • 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

  • Lead trial and appellate counsel in a commercial leasing dispute

  • 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

AWARDS & RECOGNITION

Nicole has been recognized as a leading lawyer in the following publications:

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2019 Edition (Future Litigation Star)

  • Benchmark 40 & Under Hot List 2019 - Canada

  • Acritas Stars 2019: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel)

PUBLICATIONS
Show Past:
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Civil Justice Response and Class Actions and Multi-Party Litigation Joint Newsletter, International Association of Defence Counsel, September 2019.
Co-author: Canada Chapter
The International Comparative Legal Guide to Product Liability 2019, 17th Edition, Global Legal Group, May 2019.
Co-author: Digital Resilience: Cybersecurity Trends to Watch in 2019
Blakes Cybersecurity Trends, March 2019.
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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Speaker: Cybersecurity: Director and Officer Liabilities in the Digital Age
Blakes Business Class Seminar on Cybersecurity, Toronto, Ontario, October 23, 2019.
Speaker: Class Actions Update
All About Data, Blakes Business Class Seminar on Cybersecurity, Toronto, Ontario, May 28, 2019.
Speaker: Cybersecurity and Data Breach Developments
Class Action Climate in Canada: Recent Developments and Emerging Trends, Blakes Business Class Seminar, Toronto, Ontario, January 30, 2019.
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.
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MEDIA APPEARANCES
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Interviewed by Adrian Macnab, Canadian Lawyer, September 16, 2019.
Quoted: Connected devices can lead to security risks
Interviewed by Marg Bruineman, Law Times, May 14, 2018.
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