
Danielle Ferron
Lawyer, Partner - Montréal
Danielle Ferron, Ad. E., is a senior litigation partner at the Montréal office of Langlois Lawyers.
Danielle has been working in civil and commercial litigation for over 25 years. Her practice focuses on complex commercial litigation files, fraud, anti-piracy, cybercrime, banking litigation, class actions, intellectual property matters, injunctions, seizures and other urgent and extraordinary remedies, such as Anton Piller orders (civil search), Mareva injunctions (asset freezing) and Norwich orders. She assists clients in crisis management following cybersecurity incidents (breach coach), but also upstream as a legal advisor to prepare for potential crisis management. She is also called upon to act as an independent supervising lawyer for Anton Piller Order cases as well as amicus curiae, among other reasons for the purpose of protecting documents covered under professional privilege and seized in the context of civil, penal or criminal cases. She has also expertise in insolvency and restructuring, insurance law and technology law.
She is a coauthor, together with Mathieu Piché-Messier and the Honourable Lawrence A. Poitras former Chief Justice of the Superior Court of Quebec, of a book published in 2009 on injunctions and other extraordinary remedies entitled L’injonction et les ordonnances Anton Piller, Mareva et Norwich. Furthermore, for the Autumn 2018 and Winter 2019 sessions, she has been retained by the Continuing Education Faculty of the Université de Montréal, to teach the class on “The Law of Civil Investigation” given in the context of a new program named “Certificat en enquête et renseignement”.
Amongst her various distinctions, such as Chambers Canada, The Best Lawyers in Canada, Benchmark Canada and The Canadian Legal Lexpert® Directory, in 2014, she was selected by the prestigious association International Women Forum (IWF) as one of the 35 “2014-2015 fellows” worldwide of its Leadership Foundation. Furthermore, in 2018, she has been named a Fellow of the Trial Lawyer Honorary Society of the Litigation Counsel of America (LCA), a trial lawyer honorary society whose membership is limited to less than one-half of one percent of North American lawyers, judges and scholars, selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.
In addition, her professional career path and experience as member of various boards of directors and governance committees have led to her becoming a trusted advisor on governance and dispute prevention, particularly in matters of cyber-security. For instance, Danielle presently sits on the board of La Financière agricole du Québec and its governance, ethics, and human and information resources committee. She is also a member of the board of directors and corporate secretary of the Fondation Marie-Vincent, and sits on its governance committee. Previously Danielle served for ten years on the board of directors of the Association of Quebec Women in Finance, and for several of those years was vice-chair of its executive committee. She was also a member of the board of Langlois Lawyers, for two terms of three years, including as co-Chair of the board and as member of its executive committee.
Education
Certificate from the Institute for Governance of Private and Public Organizations (IGOPP) and Women in Governance – Current issues and challenges for corporate governance that adds value, 2021
Collège des administrateurs de sociétés – Company Directors: Knowing how to avoid and detect risks linked to malicious acts, 2020
Certificate from the Institute for Governance of Private and Public Organizations (IGOPP) and Women in Governance – The essential issues in corporate governance, 2018
Harvard Business School Executive Education – IWF Leadership Foundation Fellows Program, Business Leadership 2015
INSEAD The Business School of the World – IWF – Women Leading Global Change Program, 2015
LL.B., Civil Law, Université de Montréal, 1992
Rankings & Recognitions
- Chambers Canada 2024
- Best Lawyers in Canada 2024
- Benchmark Litigation Top 100 Women in Litigation 2023, Canada
- Benchmark Litigation Canada 2023
- Chambers Canada 2023
- The Best Lawyers in Canada 2023
- Benchmark Litigation Top 100 Women in Litigation 2022, Canada
- Benchmark Litigation Canada 2022
- Canadian Legal Lexpert® Directory 2022
- The Best Lawyers in Canada 2022
- Benchmark Litigation Canada 2021
- Canadian Legal Lexpert® Directory 2021
- The Best Lawyers in Canada 2021
- Benchmark Litigation Canada 2020
- The Canadian Legal Lexpert® Directory 2020
- The Best Lawyers in Canada 2020
- The Canadian Legal Lexpert® Directory 2019
- Benchmark Litigation Canada 2019
- The Best Lawyers in Canada 2019
- Fellow in the Trial Lawyer Honorary Society of the Litigation Counsel of America 2018
- The Canadian Legal Lexpert® Directory 2018
- Benchmark Canada 2018
- The Best Lawyers in Canada 2018
- The Canadian Legal Lexpert® Directory 2017
- Benchmark Canada 2017
- The Best Lawyers in Canada 2017
- Advocatus Emeritus 2016
- Benchmark Canada 2016
- The Best Lawyers in Canada 2016
- Benchmark Canada 2015
- The Best Lawyers in Canada 2015
- One of Quebec’s Eight Key Female Financial Players 2014, Premières en affaires
- Benchmark Canada 2014
- The Best Lawyers in Canada 2014
- Lexpert Zenith Award 2013
Legal Influencer for Corporate – Canada, Lexology Content Marketing Awards 2019
Leadership Foundation’s 2014-2015, International Fellows Class of the International Women Forum (IWF)
The Best Lawyers in Canada 2013 – Corporate and Commercial Litigation
“Women of Influence” (recognized as one of 300 Canadian Diversity Champions), 2012
“Recognition” award from the Association of Québec Women in Finance (AFFQ), 2012
Listed among the top 100 women leaders in Québec by Entreprendre magazine, 2006
Areas of Practice
- Banking Litigation
- Bankruptcy, Insolvency & Restructuring
- Class Actions
- Commercial Litigation
- Corporate Governance / Directors & Officers
- Financial Institution Regulation
- Financial Institutions and Financial Services Law
- Intellectual Property Litigation
- Litigation and Dispute Resolution
- Real Estate Litigation
- Regulatory Investigations
- Technology Litigation
Industries
Representative Work
-
Langlois Represents American Clients in Contempt-of-Court Proceedings in Hamilton Ontario
The services of Langlois Lawyers were retained by Dish Network LLC and NagraStar LLC, two American telecommunications corporations, to intervene in a satellite-piracy lawsuit in Ontario.
Anton Piller-type orders
Danielle has designed and executed anti-piracy enforcement strategies, including Anton Piller orders, for satellite television providers.
She has also acted as officer of the court, specifically as Independent Supervising Solicitor, in connection with various Anton Piller orders, and has spoken on this topic to the Annual Divisional Assembly of the judges of the Superior Court of Québec.
Participated, as a speaker, at the Divisional Assembly of Judges of the Superior Court of Quebec on Anton Piller orders.
Fraud
Danielle has served as counsel in numerous cases involving multi-million dollar fraud schemes.
She has extensive experience working with private investigators and police forces to track down and recover electronic data and missing assets.
Cybersecurity
She is involved in upstream work, advising clients in the implementation of their crisis management plan, as well as at the time of a cyber incident.
Extraordinary remedies
She has developed special expertise in injunctive relief, seizures and other urgent and extraordinary remedies.
Amicus curiae
She acts as amicus curiae for the purpose of protecting documents covered under professional privilege and seized in the context of civil, penal or criminal cases.
Class actions
She has acted on behalf of financial institutions in class action files regarding the legality of certain practices and the terms of variable credit contracts under the Consumer Protection Act.
Governance
She advises corporate directors on their duties and obligations, and boards of directors on good governance practices.
Other representative work
Danielle has pleaded before all levels of Quebec courts, and before various administrative tribunals. She has represented banks, high-tech enterprises, telecommunications companies, bankruptcy trustees, receivers and interim receivers, secured and ordinary creditors, insurance companies, businesses of all sizes, individuals, and parties involved in construction matters in connection with trials, seizures, injunctions, class actions, proposals, bankruptcies and realizing on security.
Publications
Articles
- 2023 – Legal framework for artificial intelligence: Where do we stand in Canada and Quebec?
- 2023 – Ethics in artificial intelligence: Discriminatory biases
- 2021 – White paper: Should the Quebec government consider the social enterprise model in order to achieve a renewed capitalism?
- 2020 – Governance: ethical awareness and leadership are essential elements in the post-crisis period
- 2020 – Post-COVID-19: Directors face a new set of risks in the 21st century
- 2020 – The Quebec Court of Appeal recognizes the right to publish a Mareva injunction
- 2020 – The role of the board of directors in the context of COVID-19: how should corporate directors act?
- 2020 – 2020-2021 Quebec government budget: measures to promote corporate governance practices in favour of the green economy
- 2019 – Conflicts of Interest and Confidentiality: Directors Beware!
- 2018 – Compliance Programs: A Guardrail to Keep You on the Path of Good Governance
- 2018 – Governance in the Era of the #Metoo Movement: an Overdue Wake-up Call
- 2018 – Norwich Orders and the Notice and Notice Regime: The SCC Splits the Bill for Compliance Costs Between Copyright Owners and ISPs
- 2018 – Cybersecurity Is Also a Question of Governance
- 2018 – Directors’ Liability: Get the Means to Defend Yourself!
- 2018 – Statutory Liabilities of Directors: Marking the Risk Areas to Avoid Sliding out of Control
- 2018 – Beyond the Duties of Care and Loyalty … the Civil Liability of Directors
- 2018 – Duties and Obligations of Directors: a Brief Overview
- 2018 – An Attempted Fraud Thwarted by Langlois Lawyers’ Cyber-Security and Business Law Team
- 2018 – FRAUD AND CYBER-SECURITY – Cyber-Security for Organizations
- 2018 – Copyright and Piracy: the Immunity of Website Operators?
- 2018 – New Developments in the Matter of Google Inc. v. Equustek Solutions Inc.
- 2017 – Cheque Fraud: In 5-4 Split, the SCC Upholds and Refines Existing Defences to Conversion Claims Under the Bills of Exchange Act
- 2017 – Is the Amount of Fees Billed by a Lawyer Protected by Lawyer-Client Privilege? The Latest Twist in the Kalogerakis Case
- 2017 – Injunction With Extraterritorial Effect Against a Non-Party: the Google Inc. v. Equustek Solutions Inc. Decision
- 2017 – Third Parties’ Role in Enforcing Injunctions: John and Jane Doe, Beware!
- 2016 – Cheque Yourself: Who Bears the Risk of Employee Fraud?
- 2016 – Business E-Mail Compromise: Cyber-Crime Hits New Heights
- 2015 – The Charbonneau Commission – Preserving Confidentiality or Defending Oneself: Why Have to Choose?
- 2015 – Best Practices of Solicitor-Client Privilege in Business Enterprises and Email Communications
- 2015 – The Solicitor-Client Privilege and the Duty of Loyalty Are Confirmed Once Again by the Supreme Court of Canada
- 2014 – The Solicitor-Client Privilege Regarding Legal Fees: the Decision in Kalogerakis v. Commission scolaire des Patriotes
- 2013 – Negotiating and Drafting Commercial Contracts in Québec – the Pre-Contractual Obligation to Act and Negotiate in Good Faith
- 2012 – Secrecy of Lawyer-Client Communications: a Fundamental Right
- 2012 – Commercial Fraud
News
Other Publications
2022 – “L’après d’une cyberattaque : l’enjeu des communications” [“After a cyber-attack: the communications challenge”], interviewed for an article by Philippe-Jean Poirier, Les Affaires, October 12, 2022.
2020 – “Governance: a pathway to recovery”, Canadian Lawyer InHouse Magazine, co-authored with Christiane Brizard and Guillaume François Larouche, November 2020.
2015 – Chronique – Secret professionnel en entreprise et communications par courriel [Solicitor-Client Privilege Within Business Enterprises and Email Communications Involving In-House Counsel], Éditions Yvon Blais, une société Thomson Reuters, June 2015, EY2015REP1733
2010 – Outils contre la fraude commerciale et la piraterie industrielle : les recours à caractère hybride Anton Piller, Mareva et Norwich [Tools for fighting commercial fraud and industrial piracy: the hybrid remedies of Anton Piller, Mareva and Norwich injunctions], Point de mire (Canadian Bar Association quarterly)
2010 – Achats en ligne : vigilance requise [On-line purchasing – vigilance required], Premières en affaires business magazine
2009 – Prendre le fraudeur la main dans le sac [Catching fraudsters red-handed], Rebuilding Success
2009 – Fraudeurs, gare à vous! Les injonctions au secours des victimes de fraude [Look out, fraudsters! Injunctions to the rescue of fraud victims], Premières en affaires
2009 – La gestion des matières résiduelles et l’environnement : un virage important pour le Québec [Environmentally sound management of waste material – a major change of course for Quebec], Premières en affaires
2009 – Les recours collectifs au Québec; une question de santé? [Class actions in Quebec – a health issue?], Premières en affaires, and LesAffaires.com
2008 – Faciliter l’accès à la justice : une mission pour les avocats [Facilitating access to justice – a mission for lawyers], Premières en affaires
2008 – La sécurité : une vocation [Safety – a vocation], Premières en affaires
2008 – L’art du recrutement dans les cabinets d’avocats [The art of recruiting in law firms], Premières en affaires
2007 – La lutte au piratage : l’histoire d’un succès [Combating piracy – a success story], Premières en affaires (Winter 2007-2008)
2005 – L’Ordonnance Anton Piller : Nature, exécution, application particulière en matière de saisies de données informatiques, [Anton Piller orders – what they are and how they are executed, particularly in seizures of electronic data], Revue du Barreau du Québec
2005 – Les 10 moments clés pour avoir un bon avocat [The ten best times to have a lawyer], LesAffaires.com
2004 – Les transferts électroniques de fonds et la fraude [Wire transfers and fraud], LesAffaires.com
