David Wotherspoon is a commercial litigator whose focus is in crisis management, technology, intellectual property, social media and defamation.
- Intervenor, representing Electronic Frontier Foundation, in Google v. Equustek in the BC Court of Appeal and Supreme Court of Canada, a landmark case involving extraterritorial orders affecting free speech.
- DWS v. City of Abbotsford reported as Abbotsford (City) v. Shantz, 2015 BCSC 1909, represented a group of homeless people to establish rights under the Canadian Charter or Rights and Freedoms.
- Intervenor, representing the British Columbia International Arbitration Centre, in Sattva Corp. v. Creston Molly in the Supreme Court of Canada, on behalf of the British Columbia International Arbitration Centre in a matter involving commercial arbitration.
- Regularly advises clients on matters relating to the Internet including defamation and intellectual property.
David’s practice involves protecting his clients’ rights and businesses. He has acted for clients such as Hermès, Emily Carr University, Nintendo as well as emerging and early startup companies and individuals.
He has advised companies in relation to technology and software disputes, commercial and employment disputes, professional indemnity/negligence, defamation and free speech issues, intellectual property enforcement and protection, and managing crisis and public relations communications.
In addition, David is experienced in filing injunctions and Anton Piller orders, whether for individuals or large corporations. He regularly delivers favourable outcomes for his clients.
A significant area of David’s practice is alternative dispute resolution. He acts as counsel in arbitration, and as a neutral. He has the ability to resolve issues positively for clients without having to go to litigation and create win-win situations for both parties.
- Volunteer, Pivot Legal Society
- Past Director, Emily Carr University, Collingwood School, Environmental Youth Alliance, among others
- Pro Bono work on numerous legal matters
- Co-author of manual on non-profit board governance
- Co-author, IP Disputes chapter, British Columbia Business Disputes publication
- “The Last Word: Arbitral Appeals in a Post-Sattva World,” The Advocate, Vancouver Bar Association (July 1, 2015)
- “Arbitration to the Rescue: Managing dispute risks in cross-border commercial transactions,” Lexpert Guide to the Leading U.S./Canada Cross-Border Corporate Lawyers in Canada (2011)
- Best Lawyers in Canada for Intellectual Property Law (2017)
- Canadian Legal Lexpert Directory for Computer & IT Law, Intellectual Property and Litigation – Intellectual Property (2011-2016)
- Named “Recommended Individual” by World Trademark Review 1000 – prosecution and strategy (2017)
- One of World Trademark Review 1000’s World Leading Trademark Professionals’ “Leading Trademark Practitioner” (2013-present), and silver ranking for both anti-counterfeiting and trademark enforcement expertise
- The Legal 500 Canada for Intellectual Property (2015)
- Access to Justice Award recipient for outstanding support of the Pivot Legal Society (2014)
- One of Benchmark Canada’s “Local Litigation Stars” in British Columbia – Intellectual Property (2012-present)
- International Association for Continuing Legal Education: British Columbia Business Disputes – Best Publications category “Outstanding Achievement Award” recipient