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Robert L. Percival


Robert Percival


T:+1 416.216.4075

F:+1 416.216.3930

Robert Percival is co-chair of our Canadian 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.

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  • Year of call
    Ontario 1998
  • Law school
    LL.B., Dalhousie University, 1996
  • Education
    B.B.A. (Hons.), Wilfrid Laurier University, 1991
  • Speaking engagements
    • 6th Cloud Computing Law Workshop (course leader), Federated Press, Toronto, March 5 & 6, 2013.
    • An Introduction to Basic Software License and Support Agreements” (co-presenter: Elisabeth Symons), The 36th Annual OBA Institute, Information Technology and E-Commerce Law Section Program, Toronto, February 3, 2011.
    • “Negotiating and Drafting IT Agreements: Sound Strategies and Practical Approaches,” Osgoode Professional Development CLE Program, Toronto, February 2010.
    • “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.
    • “Software Licensing Issues in Outsourcing Transactions: What You Need to Know,” The Seventh Annual IT Law Spring Training Program, Toronto, May 14 - 15, 2007.
    • “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.
  • Selected client work

    Mr. Percival has acted for the following clients in recent significant mandates:

    • A major Canadian financial institution in connection with numerous IT procurement, services, hosted and outsourced services transactions, including a recent multimillion dollar, international, multijurisdictional videoconferencing procurement, maintenance and services solution
    • Borealis Infrastructure Management in connection with its $1.3-billion acquisition of the diagnostic laboratory division of MDS Inc., an autonomous entity, except for IT services provided by MDS Inc., and the negotiation of arrangements to provide for the migration and transition of IT systems and services to the diagnostic laboratory business acquired
    • CGI Information Systems and Management Consultants Inc. in its $90-million, seven-year IT outsourcing of mainframe and mid-range equipment, and data storage services with Royal & Sun Alliance Insurance Company of Canada
    • A leading international computer manufacturer in connection with numerous commercial contracts, including distribution and procurement transactions, software development and licensing and the continued development of standard form customer contracts and licences
    • The corporate / investment banking / capital markets division of a major Canadian financial institution in connection with its negotiation of numerous direct market access trading system agreements permitting the use of its trading systems by clients to access various Canadian securities marketplaces, including the Toronto Stock Exchange
    • Bombardier Aerospace in connection with a seven-year IT outsourcing agreement pursuant to which Bombardier outsourced its North American application services, help desk, infrastructure and data centre operations
    • The Ontario Institute for Cancer Research (OICR) on various matters in connection with its acquisition and licensing of information technology products and services in support of the OICR’s research activities
    • Torch Mobile, a Toronto-based mobile browser company and maker of the Iris Mobile Browser (acquired by Research In Motion, now BlackBerry, in 2009)  
    • CA (Computer Associates) Inc. on information technology and intellectual property matters in connection with its acquisition of Cybermation Inc., a privately held provider of enterprise workload automation solutions in a $75-million all-cash transaction
    • A Canadian mobile technology software payment solution provider in connection with the development of its standard form international distribution and licence agreement template and the negotiation of numerous international distribution and license arrangements with major international technology solution providers (including IBM and Computer Sciences Corporation) and various telecommunications providers
  • Rankings and recognitions
    • Chambers Canada, 2016: Information Technology
    • Canadian Legal Lexpert Directory, 2012, 2015-2016: recommended in Computer & IT Law
    • The International Who’s Who of Internet & E-Commerce Lawyers, 2010
    • PLC Cross-Border Communications and IT Handbook
    • PLC Cross-Border Outsourcing Handbook
  • Memberships and activities
    • Canadian IT Law Association (IT.Can)
      • Member, Board of Directors
      • Co-Chair, Outsourcing Committee
      • Founding member and Co-Chair, Committee on Electronic Commerce
    • Canadian Bar Association

      • Commercial Law Section
      • Intellectual Property Law Section
      • Information Technology and E-commerce Law Section
    • Ontario Bar Association
      • Executive Committee Member, Information Technology and E-Commerce Law Section,
    • Computer Law Association
    • Past Chair, Toronto Computer Lawyers’ Group (2001-2002)
    • Past member, American Bar Association
      • Commercial Law Section
      • Intellectual Property Law Section
      • Information Technology and E-commerce Law Section
    • Adjunct Professor, Internet and Information Technology Law, University of Victoria
    • Lecturer, Intellectual Property - Protecting and Exploiting Innovations, University of Toronto