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Adam Herstein

Partner

A known technology lawyer, Adam provides legal counsel to technology-based businesses, entrepreneurial and innovative ventures, and organizations intersecting law, technology, and the internet. Adam is listed as "Lawyer of the Year" in Winnipeg in "Information Technology Law" in the 2023 edition of Best Lawyers® in Canada.

Adam’s practice has evolved from exclusively focusing on corporate, commercial, and securities law, to that of full-spectrum business, startup, innovation, information technology (IT) and intellectual property law, focused on technology transactions. Over the past decade, Adam has become a known leader for providing legal counsel to technology-based and emerging growth businesses, as well as entrepreneurial and innovative ventures.

He has acted for some of Manitoba’s largest companies, all of whom rely on Adam for specialized advice with respect to acquisition, development, use, protection and commercialization of technology and other intellectual property, as well as its privacy law implications. He also continues practise in traditional areas of financial and insurance services, and acts for multiple non-profit and charitable organizations at a provincial and federal level.

Adam is a supporter of the startup community in Manitoba, and is proud to have assisted in the establishment of the fabrication lab which makes up part of North Forge, an incubator accelerator and entrepreneur community fueling Manitoba’s innovative science-based, technology-enabled, and advanced manufacturing startups.

He is also a past Chair, and current Executive member, of the Manitoba Bar Association Technology, Intellectual Property, and Privacy Law Section, and is a former Director, and current member, of Can-Tech, the Canadian Technology Law Association.

In addition to being recognized as “Lawyer of the Year” in Winnipeg in “Information Technology Law” in the 2023 edition of Best Lawyers® in Canada, Adam has also been consistently recognized by Lexpert® as a Leading Practitioner in several areas related to technology transactions.

  • September 2021 – Co-Author (with Cora Eaton), OSFI provides timely guidance for dealing with cyber security threats and incidents
  • March 24, 2020 – Co-Author (with Andrew Buck, Nicole Deniset and Cora Eaton), Pitblado COVID-19 Resource Centre, “Force Majeure, Frustration, Cancellation, Material Adverse Change
  • November 6, 2017 – Presentation (with Andrew Buck) to ISACA Winnipeg Chapter, “Mandatory Privacy Breach Reporting Get Ready to Hit the Ground Running”
  • October 6, 2017 – Presentation to Red River College Business Law for IT ADMIN 1003 Business Technology Management, “IT Contracting with Clients”
  • September 10, 2017 – Presentation (with Andrew Buck) to private client, “CASL Turns Three, What You Need to Know”
  • May 31, 2017 – Presentation (with Andrew Buck) to Private Client, “What You Need to Know About CASL for July 1, 2017”
  • May 29, 2017 – Presentation to CEO Roundtable, “Mandatory Privacy Breach Notification and Reporting Regulations”
  • November 6, 2016 – Presentation to Red River College BUSA – 2007 Business and Management for Information Technology Business Technology, “IT Contracting with Clients”
  • March 14, 2016 – Presentation to Manitoba Bar Association Technology and Intellectual Property Section, “Terms of Use and Terms of Service (TOU/TOS)”
  • October 20, 2015 – Presentation to New Media Manitoba, “‘Terms of Service’ for Smart Developers”
  • March 24, 2015 – Presentation to University of Manitoba Asper School of Business, “Intellectual Property: What it is and How to Maximize its Value”
  • February 26, 2015 – Presentation at Pecha Kucha Night, “Music: My First Love”
  • November 27, 2013 – Presentation to Red River College Business Information Technology (BIT), “IT Contracting with Clients”
  • September 19, 2013 – Presentation to New Media Manitoba, “Supercharge your Start Up”
  • November 21, 2012 – Presentation to The Institute of Corporate Directors – Manitoba Chapter, “Board Policy for Today’s New Media”
  • November 14, 2012 – Presentation to Red River College Electronic Commerce – WEBD-2000, “IT Contracting with Clients”
  • October 25, 2012 – Presentation (with Karen Poetker) to ACI Manitoba, “Client Contract and Litigation Primer for Artists”
  • March 20, 2012 – Presentation (with Karen Poetker) to New Media Manitoba, “Clients are awesome, except when they’re not. A guide to project contracts”
  • February 15, 2012 – Presentation to The Institute of Corporate Directors – Manitoba Chapter, “The Power of Social Media – Opportunities and Risks for Boards”
  • January 20, 2012 – Served as moderator at the Manitoba Bar Association’s Mid-Winter Conference, “Cloud Computing – What’s Behind the Fog Bank?”
  • September 20, 2011 – Presentation to New Media Manitoba, “Stop Being Stupid About Intellectual Property”
  • September 15, 2011 – Presentation to Investors Group/Mackenzie Financial Joint Meeting of Compliance and Legal Departments, “Cloud Computing”
  • June 14, 2011 – Presentation to the Manitoba Bar Association Technology and Intellectual Property Section Meeting, “Annual Update on IT Law”
  • May 25, 2011 – Presentation (with Brian T.D. Bowman) to Canadian Corporate Counsel Association Manitoba Chapter, “Cloud Computing, Puffy white or stormy – what kind of cloud is your company entering?”
  • February 22, 2011 – Presentation (with Brian T.D. Bowman) to Manitoba Association of Risk and Insurance Managers, “The Power and Pain of Social Media”
  • October 28, 2010 – Presentation to Robson Hall, Faculty of Law, University of Manitoba, Internet and E-Commerce Law, “Technology Contracting: Thoughts, Tips and Trends”
  • October 4, 2010 – Presentation – New Media Manitoba, “Selected Legalities of Running a New Media Business”
  • September 17, 2010 – Presentation – Acuity Forums – Executing Social Media Winnipeg, “The Legal Aspects of Social Media: What you Need to Know and Do”
  • September 16, 2010 – Presentation – Acuity Forums – Executing Social Media Regina, “The Legal Aspects of Social Media: What you Need to Know and Do”
  • July 9, 2010 – Presentation to Entrepreneurship and New Venture Creation Course, “A Crash Course in Intellectual Property – What it is and How to Maximize its Value”
  • June 9, 2010 – Presentation to the Manitoba Bar Association Technology and Intellectual Property Law Section Meeting, “Annual Update on IT Law”
  • May 31, 2010 – Pitblado blog, “Cover your Assets: Securing your Loans to your Business”
  • May 25, 2010 – Presentation (with Brian T.D. Bowman) to Canadian Corporate Counsel Association Manitoba Chapter, “The Power and Pain of Social Media”
  • March 25, 2010 – Pitblado blog, “That’s Just Not Acceptable” – Acceptable Use Policies in the Workplace”
  • February 11, 2010 – Presentation to Robson Hall, Faculty of Law, University of Manitoba, Internet and E-Commerce Law, “10-ish Things you Should Know about Technology Contracting”
  • February 19, 2010 – Presentation (with Robert Watchman) to MTS Allstream Inc. Legal Department, “What’s New in IT Law?”
  • May 25, 2009 – Slaw post, “Manitoba: Innovative Fighter of Child Sexual Exploitation”
  • March 31, 2009 – Presentation to the Manitoba Bar Association Technology and Intellectual Property Law Section Meeting, “Confidentiality Agreements”
  • Learning Group Facilitator for Canadian Centre for Professional Legal Education in business (CPLED) – (2009, 2011 – Present)
  • Guest Lecturer and Negotiation Facilitator, Robson Hall, Faculty of Law, University of Manitoba, Business Transactions: The Art of the Deal (2007-)
  • Sessional Instructor, Robson Hall, Faculty of Law, University of Manitoba, Solicitors Transactions (2003-2005)
  • January 28, 2005 – Served as Moderator for a roundtable discussion, “E-Commerce, E-Business, On-line Sales – World Wide Web or Wild Wild West: Sometimes It’s Up to You'”, Manitoba Bar Association Technology and Intellectual Property Law Section at the Manitoba Bar Association’s 2005 Midwinter conference
  • January 30, 2004 – Served as Moderator for a roundtable discussion, “Privacy Consideration in the Purchase and Sale of a Business”, Manitoba Bar Association Technology and Intellectual Property Law Section at the Manitoba Bar Association’s 2004 Midwinter conference
  • July/August 2002 – Article published in The HUB, the Winnipeg Chamber of Commerce magazine, “Follow the Rules, Acceptable Use Policies for Computers in the Workplace”
  • Published in The HUB, the Winnipeg Chamber of Commerce magazine , “Making the Rules, Devising and Implementing Acceptable Use Policies in the Workplace”
  • Former contributor of monthly updates on securities law developments in the Province of Manitoba to e.carswell securities.pro – Internet securities law research library
  • Canadian Bar Association and Manitoba Bar Association (1997 – Present)
  • Manitoba Bar Association – Member of Council (2005 – 2007)
  • Manitoba Bar Association – Chairman, Technology and Intellectual Property Law Section (2003 – 2008;
    2010 – 2014); Secretary (2009 – 2010)
  • Manitoba Bar Association – Vice-Chairman, Securities Law Section (2002 – 2006)
  • IT.Can (an association of Canadian information technology lawyers) – Director (2003 – 2007); Member of the Ad Hoc Committees on Private Equity and Financing, E-Commerce and Interactive Media (2003 – 2007)
  • Pitblado LLP – Employee Campaign Chair of annual United Way campaign (2005 – 2009)
  • Camp Massad of Manitoba – Former Director
  • Young Leaders Winnipeg, a committee of Economic Development Winnipeg (now Destination Winnipeg) – Former Member
  • Junior Achievement of Manitoba Inc. – Former Director
  • Law Society of Manitoba

 

 

  • Listed in Best Lawyers® as one of Canada’s best lawyers in Information Technology Law
  • Listed in the Lexpert® Canadian Legal Directory of Leading Practitioners in Computer/IT Law 2016