Robert L Percival

Biography

Robert Percival is Co-Chair of our Technology and Outsourcing Teams. His practice is devoted to corporate and commercial transactions involving information technology and electronic commerce. He has extensive experience advising clients on a wide array of complex information technology / intellectual property transactions, such as technology outsourcing projects, supply arrangements, strategic alliances and joint ventures, technology acquisition and transfer, licensing, distribution arrangements, open source software, technology development, consulting services, privacy and data protection, electronic commerce and the Internet.

Prior to his legal career, Mr. Percival worked in a business capacity in the information technology industry. His technology industry business experience has uniquely equipped him with industry knowledge and understanding that helps to provide a practical, business-oriented perspective and approach to addressing clients' legal needs.

Mr. Percival is an Adjunct Professor at the University of Victoria (Internet and Information Technology Law).

Year of Call

• Ontario Bar 1998

Law School

• LL.B., Dalhousie University, 1996

EDUCATION

• B.B.A. (Hons.), Wilfrid Laurier University, 1991

Publications

• "Negotiating and Drafting Performance Warranties and Guarantees," Negotiating and Drafting IT Agreements: Sound Strategies and Practical Approaches, April 2008.
• "Proactively Managing Software Sourcing" (co-author: Marc Tremblay), Counsel to Counsel, April 2007.
• "Technology Licensing: The Importance of Being Precise," Counsel to Counsel, April 2007.
• "Weblogs and the Workplace," Association of Corporate Counsel CLO Think Tank, Corporate Business Information Management: E-Discovery and Beyond, January 2007.
• "Computer Contracts" (co-authors: D.M. Cameron and B.W. Stratton), Canadian Forms and Precedents (Commercial Transactions), 2006.
• "Ontario Racing Commission Challenges Online Horse-Racing Website," World e-Business Law Reports, November 2004
• "Competition Law Does not Prohibit Free Online Materials, Court Rules," World e-Business Law Reports, September 2004.
• "Security Policy Aims to Improve Protection of Cyberspace," World e-Business Law Reports, July 5, 2004.
• "Criminal Code Amended to Allow Interception of Private Communications," World e-Business Law Reports, June 24, 2004.
• "Canadian Privacy Law Update," American Bar Association's International Law News, Spring 2004.
• "Quebec Challenges Constitutionality of New Privacy Act," World e-Business Law Reports, February 2004.
• "Canadian Internet Registration Authority Proposes to Regulate Domain Name Resellers," World e-Business Law Reports, Winter 2002.
• "Ontario Legislative Update - Consumer Internet Agreements and the Enforceability of Electronic Contracts" (co-author), World e-Business Law Reports, Fall 2002.
• "E-Commerce 2002: Canada" (co-author), Getting the Deal Through - e-Commerce in 20 Jurisdictions Worldwide, Law Business Research, 2002.
• "Due Diligence for Information Technology Transactions," Advising Information Technology Businesses, Canadian Bar Association, May 2001.
• "The Personal Information Protection and Electronic Documents Act: A Primer," 2001 Annual Institute, Canadian Bar Association, February 2001.
• "Jurisdiction and the Internet" (co-author), Online Insurance Managing and Minimizing Risk, Insight Information, January 2001.
• "Privacy Obligations of Insurance Companies Under the Personal Information Protection and Electronic Documents Act" (co-author), Strategy Institute's Third Annual Life Insurance Technology and Strategy Summit, January 2001.
• "How to Develop a Privacy Compliance Plan" (co-author), In-Store News, Vol. 2, No. 3, Retail Council of Canada, August 2000.
• "Developing Strategic Partnerships for Owning a Piece of Turf on the Web," Intellectual Property Rights & Marketing Online, Law Seminars International, July 2000.
• "The New Privacy Act: What Retailer Needs to Know" (co-author), Canadian Retailer Magazine, May/June 2000.
• "The Essentials of Trade Secret Protection," Osgoode Hall Professional Development Programme, Second Annual Symposium on Information Technology and Cyberspace Law, May 2000.
• "Due Diligence in High Technology Financings and Acquisitions" (co-author), The Art and Science of Financing High Tech, The Canadian Institute, April 2000.
• "Jurisdiction in the Virtual Marketplace" (co-author), E-Commerce Law: Understanding The Legal Implications of Conducting Business in Cyberspace, Institute for International Research, April 2000.
• "Cybersquatters Thwarted with U.S. Anticybersquatting Consumer Protection Act," Information Technology and E-Commerce Newsletter, Vol. 1, No. 2, Canadian Bar Association (Ontario), March 2000.
• "Due Diligence Reviews of New Technology Corporations" (co-author), Financing and Business Issues for New Technology Initiatives, Osgoode Hall Law School Professional Programs, March 1999.
• "Standing on the Shoulder of Giants: The Reverse Engineering of Computer Software and the Law of Copyright in Canada", 1996, revised 1999.
• "Expansion of Directors' Fiduciary Obligations" (co-author), Federated Press 2nd Annual Corporate Summit, December 1996.

Speaking Engagements

• "Understanding the Importance of IP Rights on an IT Deal," paper presented at The Eighth Annual IT Law Spring Training Program, Toronto: May 1 - 2, 2008.
• "Negotiating and Drafting Performance Warranties and Guarantees," paper presented at Negotiating and Drafting IT Agreements: Sound Strategies and Practical Approaches, Toronto, April 22 - 23, 2008.
• "Emerging Issues," Risk Management Management on the Internet: Best Practices for a Web 2.0 World, Toronto: March 31, 2008.
• "Software Licensing Issues in Outsourcing Transactions: What You Need to Know", The Seventh Annual IT Law Spring Training Program, Toronto: May 14 - 15, 2007.
• "Negotiating and Drafting Performance Warranties and Guarantees," Negotiating and Drafting IT Agreements, Sound Strategies and Practical Approaches, Osgoode Professional Development CLE Program, Toronto: November 24, 2006.
• "Licensing Primer - Top 10 Mistakes to Avoid in Licensing Transactions," The Sixth Annual IT Law Spring Training Program, Toronto: May 29 - 30, 2006.
• "Reasonable Anarchy: Open Source Software and Creative Commons Licenses," The Fifth Annual IT Law Spring Training Program, Toronto: May 10 - 11, 2005.
• "Benchmarking in Outsourcing Transactions" (Co-Chair), IT.CAN Law Association of Canada Quarterly Roundtable, Toronto: April 13, 2005.
• "Creating Enforceable Electronic Contracts," The Fourth Annual IT Law Spring Training Program: Legal & Business Issues for IT Transactions, Toronto: May 19 - 20, 2004.
• "Outsourcing Contracts," IP in the Public Sector and in a Commercial Context, 38th Spring Meeting of the Intellectual Property Institute of Canada, Ottawa: April 19 - 20, 2004.
• "Cross-Border Issues For IT Business" (Speaker, Moderator), Seventh Annual Canadian IT Law Association Conference, Toronto: October 2003.
• "Using Electronic Mail and the Internet in the Workplace: A Canadian Perspective on the Issues, the Law and Corporate Policies," International Spring Meeting, American Bar Association, Washington, DC: May 2003.
• "Jurisdiction and the Internet," International Spring Meeting, American Bar Association, Washington, DC: May 2003.
• "Information Technology Transactions: Business, Management & Legal Strategies," Chief Information Officer & Technology Summit, California: December 8 - 10, 2002.
• "E-Business Risks In Strategic Sourcing", Strategic Sourcing Conference, Federated Press, Toronto: April 11 - 12, 2002.
• "Internet and E-Mail Use in the Workplace: Issues and Corporate Policies," Third Annual Symposium on Information Technology & Cyberspace Law, Osgoode Hall Law School of York University, Toronto: May 9 - 12, 2001.
• "Due Diligence for Information Technology Transactions," Advising Information Technology Businesses, Canadian Bar Association, Toronto: May 5, 2001.
• "E-Commerce Legislation Update," Internet Advertising Bureau of Canada, Toronto: February 13, 2001.
• "Taking Your Client's Business Online: A Checklist of Issues," 2001 Annual Institute, Canadian Bar Association, Toronto: February 1, 2001.
• "E-Ethics - Special Legal Considerations for Building Consumer Trust," E-Loyalty: Internet Marketing Strategies for Retaining Online Customers and Maximizing Profit, The Canadian Institute, Toronto: October 25 - 26, 2000.
• "New Federal Privacy Legislation: What You Need to do Now," 4th Annual In-House Counsel Congress, The Canadian Institute, Toronto: October 23 - 24, 2000.
• "Developing Strategic Partnerships for Owning a Piece of Turf on the Web," Intellectual Property Rights & Marketing Online, Law Seminars International, Minneapolis, MN, July 20 - 21, 2000.
• "Negotiating and Drafting Revenue Generating Contracts for Your Website," ADLAW 2000 (Special Internet Summit), The Canadian Institute 6th Annual Advertising and Marketing Law Conference, Toronto: May 4 - 5, 2000.
• "Legal Challenges on the Internet," Faculty of Law Conference, University of Toronto, January 2000.

Rankings and Recognitions

• Canadian Legal Lexpert Directory
• PLC Cross-Border Communications and IT Handbook
• PLC Cross-Border Outsourcing Handbook

Memberships and Activities

• Canadian IT Law Association (IT. Can)
• Co-Chair, Outsourcing Committee
• Founding member and Co-Chair, Committee on Electronic Commerce
• Executive Committee Member, Information Technology and E-Commerce Law Section, Ontario Bar Association
• Member, Computer Law Association
• Member, Canadian Bar Association (commercial law, intellectual property law, information technology, e-commerce law sections)
• Past Chair, Toronto Computer Lawyers' Group (2001-2002) 
  Past member, American Bar Association (commercial law, intellectual property law and information technology and e-commerce law sections)