LaBarge Weinstein

Banking | BioTechnology/Pharmaceuticals | "Clean" Technology | Commercial Real Estate | Computing and Networking Technology | e-Commerce | Investment Banking | Medical Devices | Natural Health Products | Pharmaceuticals | Photonics | Private Equity Investment | Private Venture Debt | Professional Services | Project Management | Real Estate and Commercial Development | Robotics | Security Applications | Semiconductor | Software (As a Service) | Software (Enterprise) | Telecommunications | Wireless | VOIP

Banking top of page

We act from time to time for Canadian chartered banks in secured financing transactions. This has provided us with excellent contacts in the banking community and with a solid knowledge in customary bank financial and security terms.

BioTechnology/Pharmaceuticals top of page

We act for a number of companies that operate within the area popularly referred to as "biotechnology". Our clients in this area are public and private companies involved in biochemistry, medicine and pharmaceuticals, including organic chemistry, nanotechnology, photonics, alternative fuels, medical imaging, naturopathic health products and interventional cardiac devices, among others. As a result of our long standing involvement with these companies, we are intimately familiar with the special concerns affecting clients in this sector, including regulatory issues, strategic partnerships and special financial considerations.

"Clean" Technology top of page

Our clients include a growing number of companies operating in the "cleantech" sector. These include clients who are promoting more efficient means of using energy (both at micro and macro levels, for consumers and for industry) and others working on alternative power sources, whether through wind, solar energy or biochemistry. As a result, we have a broad familiarity with the business and legal issues affecting this sector and have knowledge both of cleantech investors and other funding programs.

Commercial Real Estate top of page

Several major commercial and residential property developers in the Ottawa area use our development and commercial real estate services. We have a strong network of contacts in the commercial real estate market in the National Capital region.

Computing and Networking Technology top of page

Our past and present clients have included a number of companies working on advanced computing and networking technologies. Among other things, this has provided us with an opportunity to develop an expertise in supply-side contracts as well as OEM, VAR and other distribution agreements and related strategic partnerships.

e-Commerce top of page

We act for a number of companies whose main business presence is on the internet. Our clients provide various types of e-commerce services, including on-line consumer product sales, communications, gaming, document management, specialized search engines and so on. We have accordingly developed precedents and expertise in web site usage terms and conditions and related legal and business considerations.

Investment Banking top of page

We have acted for a variety of investment banks in connection with public and private financing and M&A transactions. This has given us a strong familiarity with the major market players and their approach to both private and public transactions.

Medical Devices top of page

Several of our past and present clients are developers and manufacturers of medical devices, including medical imaging systems, devices for collection and storage of biological material, and systems for remote patient monitoring, among others. Through these engagements we have developed an understanding of the commercial impact of the regulatory process for our clients in this area.

Natural Health Products top of page

We act for public and private companies engaged in the development, licensing and sale of a variety of natural health products, including nutritional supplements, diet products, cosmetics and other products with targeted health-related applications. In addition to a familiarity with regulation of these products, our representation of these companies has enhanced our expertise in structuring and negotiating strategic research and distribution relationships and well as special financing arrangements, including royalty-based licensing agreements.

Pharmaceuticals top of page

Our clients include public and private companies engaged in the development, licensing and sale of a variety of pharmaceutical products for prevention or treatment of conditions such as coronary heart disease and cancer. In addition to a familiarity with regulation of these products, our representation of these companies has enhanced our expertise in structuring and negotiating strategic research and distribution relationships and well as special financing arrangements., including royalty-based licensing agreements.

Photonics top of page

Ottawa is a recognized centre for photonics research in North America and we have been fortunate to act for a large number of companies delivering photonic applications and other optical systems. Our clients use photonics in diverse fields such as telecommunications, medical devices, energy efficiency and manufacturing technologies.

Private Equity Investment top of page

We act for a number of private equity funds in connection with their investing activities in Canada. We have also acted for public funds in respect of their corporate requirements and securities filing obligations. Our engagements for investors and their investee companies have given us a unique perspective on investment terms as well as close contacts in the private equity investment community. We are often able to work with our excellent contacts in the investment community to assist our company clients to secure financing.

Private Venture Debt top of page

We act for several private venture debt funds in their investing activities (venture debt is a form of debt financing for early stage companies, and is usually accompanied by some equity component). Among other things, this involves a familiarity with customary venture debt terms and means of securing intangible assets, such as intellectual property. These engagements have provided us with close working relationships with venture debt firms (which have, as a result, gone on to invest in a number of our clients).

Professional Services top of page

A number of our clients provide professional services to government and industry. We act for public and private professional services firms operating in diverse areas such as information technology, engineering, environmental compliance, project management and management consulting. We have extensive experience in addressing the legal agreements required by professional services firms, both on the subcontractor and the customer side.

Project Management top of page

In addition to the project management activities undertaken by our clients in commercial real estate development and related sectors, we act for companies focused on project management of large infrastructure projects in Canada and around the world.

Real Estate and Commercial Development top of page

Our clients include residential, office and retail real estate developers. Our practice involves extensive work with real estate developers, both local and from outside the Ottawa area, as well as real estate investors seeking commercial income properties. We have experience in all aspects of real estate development work, and have a particular expertise in representing developers of large residential and mixed use projects. We have developed extensive experience in preparing and negotiating documentation required for such transactions as well as ancillary management and other service agreements.

Robotics top of page

We act for several companies engaged in development, marketing and sale of advanced robotics systems. These include both stationary robotic systems for manufacturing and mobile systems for law enforcement and other security applications.

Security Applications top of page

Our clients include a large number of businesses focused on various types of security applications. Our clients in this area have included companies using encryption systems to protect data from illegal copying, software and hardware systems providers whose focus is on computer and network security (threat identification, assessment and elimination), and firms providing secure remote access to systems and data. Our technology team has extensive expertise in dealing with the complex agreements and issues that emerge from doing business in the security space.

Semiconductor top of page

Companies engaged in the design, development, testing and delivery of semiconductor systems have always been well represented among clients of our firm. Our clients in this area focus on a variety of applications and aspects of semiconductors, including telecommunications, entertainment, photonics and power, among others. As much of the product fabrication in this area has moved offshore, we have developed expertise in supply and manufacturing contracts for outsourced production. Our intimate knowledge of partnership, VAR, OEM and other distribution agreements has served our semiconductor clients well.

Software (As a Service) top of page

A number of our clients operate as providers of software as a service, through the internet or through other secure portals. Our clients include providers of telecommunications, data and document management, network management and a variety of other services using the SaaS model. Our representation of these clients has provided us with a strong knowledge of standard contracting terms and website usage conditions for companies operating from the SaaS model and we have assisted a number of clients in migrating from an enterprise software model to a SaaS or combined model.

Software (Enterprise) top of page

Our clients include a number of companies that deliver enterprise software solutions. Notable past clients in this area have included Corel Corporation and Jetform Corporation (Accelio) and current clients include companies providing telecommunications, security, document management, database management, and a variety of other service solutions. As a result of these engagements, we have significant expertise in the preparation and negotiation of end user agreements, channel and distribution agreements, source code escrow arrangements and professional services and support maintenance agreements.

Telecommunications top of page

We are based in the Ottawa area, which is known worldwide as a centre of excellence in telecommunications. This reputation arose as a result of the presence in Ottawa of a telecommunications section of the National Research Council of Canada and established industry players such as Nortel, Alcatel, and JDS Uniphase (JDS Fitel, the predecessor of JDS Uniphase, is a former client of our firm), but this reputation is being maintained and enhanced through the emergence of a number of other telecommunications companies, many of whom are our clients. Thus, we act for numerous public and private companies developing and delivering hardware, software and services in the telecommunications sector, in areas as diverse as wireless, satellite, VOIP, networking, "last-mile" connectivity, telematics and others too numerous to mention.

Telematics top of page

Our lawyers have acted for a number of companies operating in the telematics area, particularly in vehicle telematics, for the sending and receiving of information from vehicle fleets, such as taxis, trucks and buses. Our clients in this area include companies producing telematics software and hardware for dispatch and communications, as well as telematics-based services aimed at enhancing vehicle productivity, safety or profitability.

Wireless top of page

We have a number of clients operating within the broad category of "wireless" technologies. These include companies delivering systems for wireless internet access, licensing technologies for wireless access, providing mobile phone and internet connectivity, and providing mobile messaging services and content, among others. We have substantial familiarity with the issues faced by companies developing, distributing and selling or licensing solutions in this area.

VOIP top of page

We act for a number of companies whose offerings are founded on emerging voice-over-Internet-protocol applications and those generally founded on the convergence of traditional communications systems. We act for providers of virtual phone, fax and PBX systems, as well as companies offering applications to VOIP service providers, including hosted VOIP software and security systems.