Panellist Profile

Defamation Law, Intellectual Property Law, Technology Industry, Trademark Law

David Wotherspoon, partner, is a member of the firm's Commercial Litigation and National Technology & Intellectual Property (IP) Groups. He is a commercial litigator whose practice is primarily in the areas of intellectual property, technology and defamation. David has assisted clients in all corresponding facets: counterfeiting, advertising disputes, and software & product development disputes.

His prior experience as a news photographer led to his curiosity in media issues. It transferred into his legal career as he pursued matters of defamation and media issues, such as publication bans.

To date, David has provided advice and expertise in more than 100 defamation matters.
Many of David's cases have involved protecting businesses that have been targeted in a way that requires intense and swift action and often injunctions to safeguard clients' rights.

David continually delivers extraordinary success in this particular area of his practice.
For more than a decade, David has also been involved in technology disputes – typically more
complex transactions that include meticulous contract and document reviews, and careful but
aggressive pursuit of clients' rights.

No matter what legal role David assumes for his clients, he always applies a business-oriented
approach. David finds a business solution first, bearing in mind that the best result may ultimately include litigation. It was this tactical approach that helped pioneer the firm’s own Litigation Management protocol – a systematized tool that not only provides clients with guidelines, options, plans for anticipated outcomes, calculated strategies and effective solutions, but uniquely engages them so that they are actively co-piloting the process to satisfaction.

David is shifting his practice more towards representing clients as counsel and acting as an arbitrator (specifically in domain name disputes), and counsel in arbitrations involving IP and technology.

• Arbitrator of .ca domain name disputes for the past 10 years
• Counsel in.ca and .com domain name disputes since UDRP implementation
• Recently began as arbitrator in technology disputes
• Counsel in a number of technology arbitrations for the past 10 years

“The Arbitration Tribunal and Equitable Relief: An Update from the British Columbia Court of Appeal” (The Advocate, May 2009)
Electronic Evidence and E-Discovery (Butterworths: Toronto, 2010)

B.A. (Hons), Simon Fraser University, 1986
M.A., University of British Columbia, 1988
LL.B., University of British Columbia, 1991