Emerging Technology
Emerging Technology
Overview
Experience
People
News + Views + Events
Client Stories

The Field Law Emerging Technology Group works to keep you aware of the latest developments and how they may affect your business and personal lives. Field Law can help you manage your internet and emerging technology risks in the following areas:

Blockchain + Smart Contracts

We are in the midst of an endless stream of developments in hardware, software and computing power that has pushed blockchain and cryptocurrencies into the mainstream. With these new opportunities also come new risks and challenges, with unique legal obstacles. In this emerging industry, government regulation and oversight is developing and changing quickly as these new technologies become widely adopted. Our team has helped clients with a variety of blockchain issues, including litigating urgent injunctions to enforce smart contracts on the Blockchain and helping a client with a blocked digital wallet.

As you contend with the commercial and technical realities, regulations, risks and opportunities in this evolving sector, the Emerging Technology team at Field Law can help you with:

  • Advice on the negotiation and drafting of smart contract reference terms
  • Drafting consortium agreements for private or permission-based ledgers, and
  • Developing consortium governance policies, participant agreements, consortium management agreements, technology license agreements.

Cryptocurrencies

In the past decade, cryptocurrencies such as Bitcoin, Ethereum, and Ripple have significantly altered the landscape of electronic transactions. Utilizing distributed ledger and block chain technology, these cryptocurrencies are fundamentally changing the way we do business. From share transactions and contracts, to money transfers and supply chain management, blockchain and cryptocurrencies are altering the way businesses process electronic transactions and manage assets.  In this emerging industry, government regulation and oversight is developing and changing quickly as these new technologies become widely adopted. Our team is dedicated to ensuring that your assets are protected and that your business can utilize these new technologies to grow your business safely.

Services provided for cryptocurrencies:

  • Wallet and Firewall Agreement
  • IT Outsourcing and Service Agreements
  • Cyber Liability
  • Security Opinions
  • Security Enforcement
  • Security Protocols and Encryption Standards

Esports

At Field Law, we provide advice on all manner of issues impacting the esports sector, including:

  • Providing strategic and risk assessment for esports businesses and players
  • Providing copyright, patent and trademark advice relating to live streaming play, and moding
  • Structuring sponsorship agreements with major sponsors
  • Consulting with AESA and other industry and regulatory bodies regarding a legal framework for the governance of esports in Canada
  • Applying for non-immigration visas for gamers and support personnel
  • Advising on the creation, acquisition, expansion and operations of eSports teams, including employment and commercial matters, streamer contracts, player contracts and league participation agreements
  • Financing of esports businesses including securing venture capital financing
  • Creating end-user license agreements, terms of service and privacy policies

BioTech

Biotechnology relies on continuous innovation, obtaining and sustaining funding for research and development, and having intellectual property protection in place to protect new products and processes. Our team of corporate and commercial lawyers, patent agents and trademark agents bring extensive technical knowledge to the wide range of issues affecting the biotechnology sector. We use our industry knowledge to support our clients with technology development and licensing, intellectual property protection and enforcement, regulatory approval and corporate structuring. 

The Emerging Technology Group offers its clients the opportunity to stay up to date and prepared for related developments in Canada by offering lunch and learn sessions on the latest legislative movements, insurance trends and technology developments both here at home and globally. We also offer webinars and an eNewsletter with all the latest information on drones, blockchain and cyber liability.

R v Shah, 2017 ABQB 144
Dmyterko v Telus, 2021 ABQB 175
Andrews v. McHale and 1625531 (Gemstone Logistics) , 2016 FC 624
Geophysical Service Incorporated v. Encana Corporation, 2016 ABQB 230
Resource Well Completion Technologies Inc. v. Canuck Completions Ltd., 2014 ABQB 209
Pat's Off-Road Transport v. Campbell et al, 2010 ABQB 443
Stonetile  (Canada) Ltd. v. Castcon Ltd., 2010 ABQB 392
Marty Sanders v. Smart & Biggar Intellectual Property & Technology Law, 2010 FC 73
Suzanne's Inc. v. Auld Phillips Ltd., 46 C.P.R. (4th) 81, Federal Court of Appeal, 46 C.P.R. (4th) 81, Federal Court of Appeal
Norac Systems International Inc. v. Massload Technologies Inc., 1997 CanLII 4900
August 2022 - 3 min read
The Artificial Intelligence and Data Act… Coming Soon to AI Near You
In June 2022, the Government introduced Bill C-27, an Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act. A major component of this propose...
September 4, 2021
A Legal Perspective on Issues in Gaming
Alberta Esports Association: Capsule Series Panelist
August 2021
The Best Lawyers™ in Canada 2022
38 Field Lawyers Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 16th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 23, 2021
As Esports Grows and Creates new Legal Challenges, Law Firm Allies with Alberta Esports Association
Canadian Lawyer
August 16, 2021 - 2 min read
Field Law Announces Sponsorship of Alberta Esports Association (AESA)
CALGARY – August 16, 2021 –Field Law’s Emerging Technology group is pleased to announce a new alliance with the Alberta Esports Association (AESA), a not-for-profit organization established in 2020 that serves as the governing body fo...
May 13, 2021
Coffee + Counsel: How to Protect Your Business Against Phishing Attacks
Q+A Session
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...
May 5, 2021
The Modernization of Canadian Privacy Law: Where Are We Heading?
Seminars
Individuals and organizations, both large and small, are increasingly faced with challenging issues in the area of privacy and information handling. Bill C-11, the Digital Charter Implementation Act, 2020, seeks to modernize Canadian privacy legis...
March 2021 - 4 min read
Facial Recognition: A Privacy Law Perspective
Humans love to look at faces – our families, our friends, complete strangers. In some ways, our brains are optimized for facial identity recognition. We’re good at it, so of course we want to teach machines how to do it even bette...
August 2020
The Best Lawyers™ in Canada 2021
38 Fielders Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
May 2020
Cybersecurity in the Age of COVID-19 (And Beyond)
January 2020
Click-Through Agreements
IP Blog
May + June 2019
Drone Workshop: Updates on Canada's Drone Regulations
Seminars
Canada's Latest Drone Regulations - Are You Ready to Fly?The Field Law Emerging Technology Group invites you to take to the sky with your drone, but before you do, we encourage you to familiarize yourself with the regulation, risks and responsibili...
May 2019
New Canadian Drone Regulations
Effective June 1, 2019, Transport Canada has new rules for flying drones in Canada. These new regulations hope to enhance predictability for businesses and improve the safety from drone operations relating to aviation and the Canadian public. &nbs...
April 24, 2019
Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math
Client Events
The Women's Intellectual Property Networking Group of the Intellectual Property Institute of Canada presents:Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math    Date: Wednesday, Apr...
March 18, 2019
Tech Support: Law Firms Lining up to Take Advantage of Tech Boom
Canadian Lawyer Mag
Erika Carrasco discusses how the law surrounding drones offers a typical example of the challenges of working in a fast-developing area.
February 12, 2019
Exploring the Legal Aspects of Smart Contracts and Their Role in Blockchain
Presentations
Blockchain in Oil + Gas Canada 2019
January 10, 2019
New Canadian Drone Regulations
Ted Henley, CityNews
(3:54) Erika Carrasco discusses the new rules for flying drones in Canada that come into effect on June 1, 2019.
January 10, 2019
Will New Rules for Drone Flights in Canada Make our Skies Safer?
Judy Aldous, CBC News
Transport Canada published new rules for flying drones in Canada that come into effect on June 1, 2019. Erika Carrasco discusses these new rules and answers questions on Alberta at Noon with Judy Aldous.
January 9, 2019
New Canadian Drone Regulations
On January 9, 2019, Transport Canada published new rules for flying drones in Canada to enhance predictability for businesses, improve the security of aviation and ensure our airspace is safe for everyone.  The new regulations distinguish bet...
October 2018
How do “Smart Contracts” Fit With “Traditional Contracts”?
The Medium
Placing Smart Contracts in Context  A “smart contract” is really a set of computer programs designed to automatically execute certain transaction steps, provided certain conditions are met. It’s not so much a contract, in th...
September 2018
Cyber Losses: A Serious Organizational Risk in the Modern World
The Lawyer's Daily
August 2018
Use of Facial Recognition Software at Calgary Malls Raises Privacy Concerns
The Lawyer's Daily
June 2018
Smart Contracts (Part 2): Intermediaries? We Don’t Need No Stinkin’ Intermediaries!
IP Blog
In Part 1 (Can Smart Contracts Really be Smart?), we looked at smart contracts, and how “smart” they really are – if you need some background, start there.Smart contracts (or “programmatically executed transactions”) ...
June 2018
Smart Contracts as Programmatically Executable Transactions and Blockchain
Presentations
BLOCKCHAIN for Energy - Learnings from Oil and Gas Industry Applications
May 29, 2018
New Drone Regulations are Coming to Canada – Are You Ready for the Changes?
Seminars
Canadian Bar Association
Join Erika Carrasco to explore new drone regulations coming to Canada. Specific topics of the session will include:  What are the current Regulations in Canada and how and why are they changing?  What will this mean for lawyers n...
Winter 2018
Cybersecurity for Canadian Organizations
Risks + What to Do
Digital technologies offer many benefits, but they also expose their users to an increasing range of threats with the potential not only to cripple or destroy an organization’s digital assets and data, but also to cause huge financial losses. It ...
February 2018
Trademarks: Use it or lose it – and prove it!
The Medium
You may be surprised to learn that even after your trade-mark is registered, it can be expunged from the Trade-marks Register. One way is through Section 45 of the Trade-marks Act (“Act”). Section 45 of the Act authorizes expungement of tra...
February 2018
The Google vs. Equustek Decision: What comes next?
The Medium
The internet is borderless, right? So how does one country balance the rights of internet users within its own borders? And can a Canadian court reach across an international border to control the online conduct of an American company? The case of...
February 2018
Goodbye Floppy Disk, Hello Streaming Video: Trademark Evolution, Part 2
The Medium
Technology certainly evolves. Can a trademark do the same?In the world of intellectual property rights, a registered trademark can live on for a hundred years or more. If you registered a trademark in the 1800s, it could still be valid today. But will ...
January 2018
Drones 101
Calgary lawyer says laws confusing but clarity is on the horizon
January 2018
The Blockchain Patent Gold Rush
The blockchain technology underlying BitCoin and other cryptocurrencies was originally designed and conceived as an open protocol that would not be owned by any one centralized entity, whether government or private. Just like other foundational pr...
January 2018
Could New Technology Keep Drones from Spying on You?
Vanessa Hvratin, National Post
Erika Carrasco offers perspective on the current challenges facing the drone industry, and how new technology and privacy laws could impact future drone legislation.
December 2017
Case Summary: R v Shah
Defence + Indemnity
After the first reported decision on drones in Canada, the drone operator was found guilty of flying his drone "in a manner hazardous or likely hazardous to aviation safety" under section 602.45 of the Canadian Aviation Regulations as it then...
November 2017
IP: What’s In It For You
Presentations
Canadian Intellectual Property Institute of Canada
November 2017
Legally Using Drones in Construction - How to Maximize Profit while Minimizing Risk
Presentations
BUILDEX Calgary
November 2017
Legal Eagle to Explain How to Soar like a Drone Properly
Peter Caulfield, Journal of Commerce
Ahead of Calgary Buildex 2017, Erika Carrasco provides background on her presentation on safe, legal use of drones: It's a Bird, It's a Plane, No It's a Drone! Legal Know-how for Successful Use and Operation of UAVs on Construction and Comm...
September 2017
Autonomous Vehicle Law: The Current Legal Landscape
Presentations
The National Public Sector Lawyers Forum
June 2017
First Calgarian Convicted for Flying Drone Wins New Trial After Appeal
Shawn Logan, Calgary Herald
Erika Carrasco grants insight into the complexities of UAV Regulations in Canada, and her involvement as counsel in the appeal of the first person in Calgary charged under those Regulations.
June 2017
“I googled it”: Generic Words and Trademark Rights
The Medium
A registered trademark can suffer "genericide" if it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service.   In a very interesting decision from the U...
June 2017
Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope
The Medium
Many inventions involve software, and many inventors are interested in protecting such inventions with a patent. The question is: are software inventions patentable?  Based on recent cases in the United States, the answer is: yes, software inventi...
June 2017
Non-Competition Clauses: Enforceable or Just for Show?
The Medium
When can a non-competition clause actually stop someone from working? Or are these clauses just for show?   Let's take a look at a couple of cases involving departing employees who find themselves in hot water with a former employer.  ...
September 2016
Ownership of Copyright in Software
Can an employee claim to own the employer’s software?An “author” of a work is the first owner of copyright. To determine ownership, it’s necessary to determine which contributions will be considered “authors...
September 2016
The Wild West: Drone Laws and Privacy in Canada
‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be p...
September 2016
Post-Grant Patent Amendment - Canadian and US Options
On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent. But the journey is not over yet. At the time of grant, what if you re...
March 2016
Competing After Employment (Part Two)
The Medium
Last summer, Jawbone, a fitness tracking hardware and software maker, sued its arch-­rival Fitbit (CNET, 2015) alleging that Fitbit lured its employees away to obtain access to Jawbone’s confidential information and produc...
April 2015
Competing After Employment (Part One)
The Medium
A key employee departs. The employer, worried that confidential information has leaked out of the company, scrambles to respond. After a frenzied period of preparation, the employer starts a lawsuit and seeks an injunction against t...

Where we began: Our client was convicted under s. 602.45 of the Canadian Aviation Regulations (part of the Aeronautics Act) for flying his drone too close to an airport. A trial he was represented by volunteer law students. We were approached by them to represent the client on the appeal of the conviction. The issue on appeal was whether the trial judge had correctly found that our client had beyond a reasonable doubt, flown a model aircraft in a manner that was or was likely hazardous to aviation safety. The only law that applied to recreational use of a drone at that time. 

Our approach: Through the appeal process we used our in-depth industry knowledge and deep understanding of the new regulatory frameworks to assist the Court in understanding the applicable law relating to recreational drone use.

The result: The appeal of our client’s conviction was successful. Within weeks of the decision s. 602.45 of the Canadian Aviation Regulations was amended to no longer apply to drones and the Minister of Transport issued an Interim Order that provide more clarity for recreational drone operators. This prevented other drone users across Canada from facing the same penalty.