 Bennett Jones Stephen D. BurnsPartner, Trademark Agent • Co-Head of Innovation, Technology & Branding Practice Calgary burnss@bennettjones.com Education Richard Ivey School of Business, University of Western Ontario, HBA, 1992 University of Manitoba, LLB, 1997 Haskayne School of Business, University of Calgary, MBA, 2004 Bar Admissions Alberta, 1998 British Columbia, 2014 Stephen Burns, co-chair of the firm's Technology and Intellectual Property group, focuses on technology transactions, industrial technologies, and information law and business process automation, including artificial intelligence. Overview Stephen has significant technology related experience (IT & OT) in connection with energy, utility, infrastructure, agriculture, health and financial institution and commodity market clients: including, in connection with CCUS, hydrogen, LNG, oil sands (mining and in situ), pipelines, storage, upgrading, refining, power generation (coal, natural gas, bio-mass, wind, solar, hydro), power transmission, power distribution (including, automated meter infrastructure, and billing systems), water and sewage treatment, carbon credit and commodity markets, fertilizer, agriculture operations and nutraceuticals. Stephen has led a number of large multi-stage, multi-vendor technology transactions on behalf of large, international clients, including the creation of multi-vendor private technology marketplaces. Recognized for his thought leadership in information law, Stephen advises clients in respect of artificial intelligence, data governance and compliance, cybersecurity, seismic, privacy, social media, record management and retention, and access to government information matters. Stephen regularly appears before Canada's various Information and Privacy Commissioners. Stephen serves as a member of the Steering Committee for Working Group 13 (Artificial Intelligence and the Law) of The Sedona Conference. Stephen advises on matters concerning licensing, registration and protection of intellectual property in Canada and abroad. Stephen is a registered trademark agent. Stephen is recognized for his leading technology transaction practice, including in Chambers, Legal 500 Canada, The Canadian Legal Lexpert Directory, IAM Patent 1000, IP Stars, WTR 1000, Best Lawyers in Canada, and Thomson Reuters Stand-Out Lawyers. ,,Stephen understands our business. He is an expert in his field and is renowned for the expertise he brings in the IT field and as well in privacy. He brings good business sense and a keen eye for value [while] also ensuring that he provides practical business solutions.,, Select Experience • Canadian Natural Resources Limited in its US$6.5-billion acquisition of Chevron's Alberta assets, including the Athabasca Oil Sands Project and Duvernay sale assets • DenCorp Online Services Inc., in its sale to RecallMax Acquisition Ltd., an affiliate of TriWest Capital Partners V (2015) Inc. • United Farmers of Alberta Co-operative Limited (UFA), in all of its technology initiatives, including hardware, software licensing, systems licensing and outsourcing agreements, and advised on data protection, cybersecurity and privacy matters. • ATCO Ltd and Canadian Utilities Ltd., as sole legal counsel in their Enterprise Resource Planning (ERP) technology, licensing and intellectual property mandates. • Canadian Natural Resources Ltd (CNRL), in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch • Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners. • Zedi Inc., in the sale of its software and automation businesses to affiliates of Emerson Electric Co. • Canadian Natural Resources Limited, in completing C$12.74-billion acquisition of a 70 percent working interest in the Athabasca Oil Sands Project and other oil sands assets • Cenovus Energy Inc., in its $17.7-billion acquisition of ConocoPhillips’ Deep Basin conventional assets in Alberta and British Columbia and 50% interest in the FCCL Partnership. • Encana, advised on multiple process licenses. • North West Redwater, advised on multiple process licenses. • Agrium, advised on multiple process licenses. • Swan Hills Synfuels, advised on multiple process licenses. • ATCO, advised on multiple process licenses. • LNG Canada, advised on multiple process licenses. • Sanjel Corporation, an Alberta-based energy services and pressure pumping company, in the sale of its Canadian fracturing, coiled tubing and cementing assets to STEP Energy Services Ltd. and 1961531 Alberta Ltd. • Sanjel Corporation, an Alberta-based energy services and pressure pumping company, in the sale of its U.S. fracturing, coiled tubing and cementing assets to Liberty Oilfield Services Holdings LLC. • A private equity firm, in completing a strategic bolt-on acquisition to an existing portfolio company in its fund with a value of $6 million. • Enerbuilt Technologies Inc., in the sale of all of its assets and business to Flameless Solutions Inc., a related entity to WesternOne Inc., a reporting issuer, for consideration of cash and securities of WesternOne Inc., and related pre-closing reorganization of Enerbuilt Technologies Inc. • ATCO Ltd., in the disposition of ATCO I-Tek Inc. and ATCO's Australian IT operations to affiliates of Wipro Ltd. for aggregate sale proceeds of approximately $210 million. • ATCO Ltd., in the negotiation, structuring and other commercial matters relating to ATCO entering into a strategic alliance with Wipro including 10-year master service agreements governing the provision of IT services by Wipro to the ATCO Group of Companies valued at approximately $1.2 billion. • ATCO Structures & Logistics Ltd., in the sale of its 50% interest in TecnoFast, being its South American joint venture modular housing operations, to its co-venturer, TecnoFast S.A., for $124 million. The business of TecnoFast involved space rental and workforce housing fleet assets as well as manufacturing facilities and offices in Chile, Peru, Colombia, Argentina and Brazil. • Pipeworx Ltd., a widely held private business (with operations in Alberta, British Columbia, Saskatchewan and Manitoba), in the sale of all of the shares in the capital of Pipeworx Ltd. to PLH Group, Inc. (a U.S.-based portfolio company of Energy Capital Partners (being a US private equity firm)), by way of an exempt takeover bid. • Parkland Fuel Corporation, in its $95-million acquisition of the assets of Elbow River Marketing Limited Partnership. • PetroChina International Investment Company Limited, in its acquisition of an undivided 49.9% interest in Encana Corporation's approximately 445,000 acres in the Duvernay play for a consideration of $2.18 billion and its joint venture with Encana to develop the Duvernay land holdings in west-central Alberta. • Flint Energy Services, in its acquisition by URS Corp for $1.25 billion pursuant to a plan of arrangement. • Mitsubishi Corporation, in its acquisition of a 40% interest in Encana Corporation's Cutbank Ridge natural gas assets in Northeastern British Columbia for approximately $2.9 billion. • Compass Petroleum Ltd., in the $97.8-million acquisition of all of the issued and outstanding shares of Compass Petroleum Ltd. by Whitecap Resources Inc. • ATCO Ltd., in its acquisition of Western Australia Gas Networks for $1 billion. • Elluminate Inc., in its US $116-million acquisition by Blackboard Inc. • Devon Energy Corporation, in its acquisition of a 50% interest in Kirby oil sands from BP plc. • NUCRYST Pharmaceuticals Corp., in the possible sale of all or substantially all of the assets of NUCRYST and the consideration of an amalgamation of the NUCRYST with 1499642 Alberta Ltd., a wholly owned subsidiary of The Westaim Corporation. • RTL-Westcan Limited Partnership, in a Canada-led offering of CDN$130 million of senior secured second lien guaranteed notes and concurrent acquisition of substantially all of the assets of ECL Transportation Ltd. • CUNA Mutual Group, in its acquisition by Co-operators Life Insurance and Central 1 Credit Union. • Upper Lake Oil and Gas Ltd. and Monterey Exploration Ltd., in their Arrangement Agreement that will provide for a
business combination between the companies. The transaction
is to be undertaken pursuant to a plan of arrangement. • Shareholders of Interair/Fun Sun, in its
acquisition by Thomas Cook Group PLC for approximately $114
million. • Encana Corporation, which had an enterprise value of approximately US$50 billion, in its division into two independent publicly traded companies - one new Encana Corporation, an unconventional natural gas company and the other Cenovus Energy Inc. an integrated oil company. • TELUS Corporation, as Canadian tax counsel, in the approximately $763-million acquisition of Emergis Inc. • Diamond Tree Energy Ltd., in its $100-million arrangement agreement combining Diamond Tree Energy Ltd. and Crocotta Energy Inc. • RuggedCom Inc., in its $46-million initial public
offering, governance matters and general corporate matters. • Developed data retention policy for information-heavy client. • Successfully defended the use of surveillance cameras as an
anti-crime measure in a formal inquiry at the Alberta Office of
Information and Privacy Commissioner. • Natural Gas Exchange Inc. and Intercontinental Exchange Inc., in a transformative technology and clearing alliance for the North American natural gas and Canadian power markets. • Diamond Tree Energy Ltd., in its offer to
purchase Blue Mountain Resources Ltd. in a $115-million share
for share take-over bid. • Developed comprehensive document retention policy for SOX
compliance. • Flint Energy Services Ltd., in the acquisition of
49 percent of the shares of Mackenzie Valley Construction
Ltd., for gross proceeds of $6.74 million. • Developed a document retention and destruction policy for
compliance with pertinent Canadian laws and regulations. • Successful reduction of client confidential information from an
access to information request to the Government of Canada. • Agrium Inc., in the $31.25-million acquisition of the western Canadian fertilizer business of Imperial Oil Limited • Legacy Hotels Real Estate Investment Trust, in a
$130-million credit facility from the Royal Bank of Canada to
finance future acquisitions and operating facility. • The shareholder consortium, in their formation to
effect the buyout of the founders of and the restructuring of
Trakware Systems Inc., the restructuring has included the entering
into of a complex source code / object code license arrangement
with the founder. • TSX Group, in the acquisition of NGX Canada Inc.
from OMHEX for approximately $38 million. |