Lexpert Special Editions

Corporate Law June 2014

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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26 | START-UPS Lexpert Special Edition making real revenue." So are Kobo Inc. and Constellation So ware, two that Takach personally helped nurture from start-ups. And there, in a nutshell, you have it. From apps that measure our sleep cycles to the 3D printing of food, virtual shop- ping malls, video tweeting, using your phone to turn on your lights from the other side of the world, some days it seems like every element of our everyday life is being transformed by digitization. Fuelled by success stories such as Zynga, Pinterest, Square and Spotify, Hailo, Snap- chat, Smart ings and Ouya, a new genera- tion of mostly young and entirely Web- savvy Canadian entre- preneurs is racing to develop the next hot app or must-have gad- get. And the Internet has democratized their chances of succeeding. In the old days (which truthfully were not all that long ago), a tech entrepreneur would have to raise between $500,000 and $1 million just to get a beta stereo- type before potential investors. Nowa- days it's closer to $100,000 and they have access to a whole new model of bringing ideas to market. "You can print a physical prototype of your product using your 3D printer, then go to a web site where you can market it, and people can make a future purchase for when it turns into a product, which gets you investors much earlier," says An- dre Garber, director of the Startup Pro- gram at Dentons Canada LLP. " ere are so many diff erent things facilitating the development of prod- ucts and services that allow you to get to market faster than you traditionally could that it's giving people this new- found energ y to go out and start up their own business. "It's a completely diff erent landscape. ere is a real explosion of excitement around this new type of anyone-can-do- it type of technology company." Take Pebble, one of the earliest produc- ers of a smartwatch. In 2012, a er pitch- ing and being turned down by traditional venture capital sources, Pebble – which was developed by a Canadian engineer who graduated from the University of Waterloo – launched a Kickstarter cam- paign to raise US$100,000. Buyers who pre-bought a Pebble at US$115 would receive a US$150 smart- watch when they became available. e company met its goal within two hours of going live. Within six days, with 30 days le in the campaign, Pebble had raised more than US$4.7 million, becoming the most funded project in the history of Kickstarter. By the time the campaign Melanson, Michael N. Bennett Jones LLP (416) 863-1200 melansonm@ bennettjones.com Mr. Melanson practises corporate and securities law, including public and private off erings, take-overs and M&A. He acts for a wide variety of clients, particularly in mining, with a focus on China, Hong Kong and other international markets. Mercier, Vincent A. Davies Ward Phillips & Vineberg LLP (416) 863-5579 vmercier@dwpv.com Mr. Mercier focuses on securities law and public company M&A, including hostile take-overs, private- equity acquisitions, friendly mergers and special committee processes in all sectors, including fi nancial services and media and telecommunications. Moch, Darcy D. Bennett Jones LLP (403) 298-3390 mochd@bennettjones.com Mr. Moch's tax practice focuses on corporate M&A, reorganizations and fi nancings, as well as personal, succession and foreign matters. He is the past-chair of the National Tax Section of the CBA and the past co-chair of the Joint Committee. Mendelsohn, Max McMillan LLP (514) 987-5042 max.mendelsohn@ mcmillan.ca Mr. Mendelsohn practises domestic and cross- border insolvency and restructuring, focusing on businesses and fi nancial institutions. He has counselled the federal government on insolvency reform, is a mediator and arbitrator, and a frequent speaker. Miner, Richard B. McCarthy Tétrault LLP (416) 601-7910 rminer@mccarthy.ca Mr. Miner's advice to domestic and foreign mining clients embraces the formation, fi nancing and operation of JVs; M&A; property option and earn-in agreements; international concentrate; metal sales; and processing and hedging arrangements. Monaghan, K. A. Siobhan Davies Ward Phillips & Vineberg LLP (416) 863-5558 smonaghan@dwpv.com Ms. Monaghan's transactional tax practice embraces domestic and cross-border reorganizations, fi nancings, M&A, and spin-off and securities transactions. LEXPERT ® RANKED LAWYERS "WHILE MANY [START-UPS] WILL FAIL AT THE EARLY STAGES, MANY WILL SUCCEED AND WHEN THEY DO, THEY TEND TO DO VERY WELL. LOOK AT SHOPIFY UP IN OTTAWA, DESIRE2LEARN IN WATERLOO, HOOTSUITE IN VANCOUVER. THESE ARE ALL COMPANIES THAT STARTED AS START-UPS BUT THEY'RE MEETING REAL NEEDS IN THE MARKET AND THEY'RE MAKING REAL REVENUE." – George Takach, McCarthy Tétrault LLP

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