Partner at the firm Borden Ladner Gervais LLP
Intellectual Property Litigation; Corporate Commercial Litigation and Arbitration; Cybersecurity
McGill University, LL.B., 1983
University of Calgary, B.A., 1975; University of Saskatchewan, M.A., 1979
•Member, The Advocates' Society •Member, Canadian Bar Association (CBA); Chair, CBA Publicity Committee, Intellectual Property Section •Member, Intellectual Property Institute of Canada •Member, International Bar Association •Member, American Intellectual Property Law Association
•Instructor (Civil Procedure), University of Ottawa Faculty of Law, 2005-2012
Kevin LaRoche is a partner in our Intellectual Property Group. He works nationally but is based in Ottawa. He is certified by the Law Society of Upper Canada as a Specialist in Intellectual Property Law (Patent).
Mr LaRoche has broad and substantial litigation experience, having acted as defence counsel in major criminal cases (from 1987 to 1992), counsel in insurance cases (from 1990 to 1994), and as a lead commercial litigator (from 1994 to 2000). Since 2000, Mr. LaRoche has focused on technology based and complex litigation, in fields such as oil and gas services, software, medical treatment technologies, cybersecurity and epidemiology / statistics. Much but not all of this work has been done in the context of patent and product liability cases.
Mr. LaRoche has argued trial level cases in the Federal Court, Ontario Superior Court, Ontario Divisional Court, and the Cour superieure du Quebec. He has appeared as well before the Ontario Court of Appeal, the Federal Court of Appeal, and the Supreme Court of Canada. He has also appeared in commercial arbitrations, including pricing arbitrations, and before administrative tribunals, such as the National Energy Board.
Mr. LaRoche has also written extensively on commercial intellectual property issues, including intellectual property insurance and collateralization/securitization. He is a coeditor of The Business of Innovation: Intellectual Property Transactions in Canada to be published by Thomson / Carswell in 2016. Mr. LaRoche has attended the Harvard Law School Program on Negotiation.
Publications & Presentations
•Author, Sedona Conference Publishes Information Security Guidelines for Law Firms November 2015. •Co-Author, Internet of Things and Cybersecurity, August 2015 •Editor, The Consolidated Intellectual Property Statutes and Regulations, Carswell. •Editor, Canadian Bar Association IP Case Quarterly. •Author, “Client Conflict Rules and Intellectual Property Practice in Canada, ” Coalition for Intellectual Property Rights publication, 2009. •Editor, Consolidated Intellectual Property Statutes and Regulations, Thompson Carswell, 2004-07. •Author, “The Problem of Fine Distinctions: The Propriety of Questions in a Patent Discovery, ” Dimock, Intellectual Property Disputes, Resolutions, and Remedies, Chapter 10.1, Thompson Carswell, 2006. •Panellist, 14th Annual Intellectual Property Law: The Year in Review, Ottawa, 2010. •Speaker, “Ethical Walls and Disqualification of Counsel, ” New York State Bar Association Intellectual Property Law Section Summer Meeting, 2007. •Speaker, “Monetizing IP: Analyzing and Leveraging Patent Portfolios, ” The New Intellectual Property Economy, Orrick, 2006. •Speaker, “Managing Intellectual Property Disputes and Litigation, ” The New Intellectual Property Economy, Orrick, 2006. •Speaker, “Experimental Use: What's Fair and What's Not, ” Intellectual Property Institute of Canada Spring Meeting, 2006.
Rankings & Recognitions
•Recognized in the 2015 edition of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a Local Litigation Star: Ontario and a Litigation Star: General Commercial, Insurance and Intellectual Property. •Selected by peers for inclusion in the 2016 and 2015 editions of The Best Lawyers in Canada (Intellectual Property Law). •Recognized in IAM Patent 1000 - The World's Leading Patent Practitioners 2015 for Litigation.
Representative Work: Mr. LaRoche's major litigation clients in the last four years include Schlumberger Canada, Schlumberger Technology Corporation, Encon Group Inc., JTI McDonald, M-I LLC's, Dywidag Systems International, Atlantic Lottery Corporation, Atomic Energy Canada Limited, Canadian Nuclear Laboratories, ProtectSYS GmbH, N.V Nederlandsche Apparatenfabriek, Giant Tiger Stores Limited, Canadian Auto Preservation Inc, Dragados Canada Inc, Acciona Infrastructure Canada Inc, and Fluor Canada Inc.
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Sedona Conference Publishes Information Security Guidelines for Law FirmsKevin L. LaRoche , December 2, 2015
Class Action by Banks Against Target CertifiedKevin L. LaRoche , October 9, 2015
Internet of Things and CybersecurityKevin L. LaRoche,Scott Widdowson , August 7, 2015
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