Mark J. Fecenko

Mark J. Fecenko  

Partner

Executive Summary

Mark Fecenko is the National Leader of the Information Technology focus group and a member of the Business and Corporate Commercial group. Mark has a comprehensive technology law practice encompassing a breadth of corporate commercial matters. He has extensive experience in providing pragmatic counsel on competitive procurement, outsourcing and technology matters, including in the information technology, biotechnology and life sciences practice sectors. He also has experience acting for clients in the broader public sector, including in the healthcare and electrical utility sectors.

Mark has completed his Black Belt designation in Lean Six Sigma.

Mark has consistently been recognized as a leading lawyer in information technology in international and domestic peer review surveys including Chambers Global, Chambers Canada, Lexpert® and Best Lawyers®. Mark has been recognized for his superlative client service in the areas of Information Technology and Procurement Law by the global ratings service, Lexology for its prestigious Client Choice Award in 2013, 2016 and 2017. 

Clients have described Mark as a "strategic thinker and effective communicator" and note that he "carefully analyses each and every situation and is pragmatic in his approach".

Representative Work

  • Advises over 30 hospitals and other healthcare-related institutions on competitive procurement, outsourcing and technology matters, including on Ontario-wide initiatives in respect of eMPI-WTIS and the Provincial Critical Care Information System; significant IT outsourcing arrangements for both teaching and community-based hospitals; multi-institutional collaboration arrangements; and supplier arrangements, including in respect of PACS.
  • Acted for the Ministry of Energy and regularly acts for several of the largest electrical utilities on technology-related acquisitions, including in respect of AMI/smart meter procurement, CIS procurement and SCADA system procurement. Has a strong appreciation of the terminology and business environment in which electrical utilities operate.
  • Regularly involved in the negotiation of biotechnology and life science-related joint ventures and investments with both the broader public sector and private sector, including in respect of the production of human proteins using transgenic animals, and the investigation of intracellular protein interactions.
  • Regularly involved in such negotiations in respect of the provision and operation of automated laboratory facilities, the distribution of medical devices, and in the development and exploitation of bioinformatics databases.
  • Regularly negotiates arrangements with the providers of medical imaging technology and was involved in the spin-off of a medical imaging company from a large Ontario hospital.
  • Assisted a global publicly traded imaging company in the development of their distribution and end-user arrangements for their FDA-approved medical devices.

Publications & Presentations

  • Author, "CFTA and CETA: Ten "Tips" for Ontario Broader Public Sector Entities," BLG Bulletin, July 2017.
  • Author, "The CFTA and Innovation Procurement - A Primer for Broader Public Sector Entities in the Healthcare Sector," BLG Bulletin, June 2017.
  • Author, “The Procurement Challenge for Hospital Boards: Reconciling the BPS Procurement Directive, Innovation Procurement and eHealth 2.0,” Ontario Hospital Association, Governance Centre of Excellence Magazine, June 2016.
  • Speaker: "Selected Issues in the Context of IT Procurement," Procurement Seminar, Niagara Health System, Niagara Falls, Ontario, 2015.
  • Speaker, "Capital Equipment Procurement: Big Risk, Big Dollar, and Big Results," St. Joseph's Health System, Toronto, Ontario, 2014, for procurement professionals who are members of CAPsource.
  • Speaker, "Selected Issues in the Context of IT Procurement," Procurement Seminar, Healthcare Materials Management Services, London, Ontario, 2014.
  • Speaker, "An Executive Perspective," Procurement Seminar, Ontario Telemedicine Network, Toronto, Ontario, 2014.
  • Speaker, "IT Procurement and Service Provision in the Ontario Health Sector – Risk and Liability," HIROC (Healthcare Insurance Reciprocal of Canada), Toronto, Ontario, 2014.
  • Speaker, "Providing Practical Advice on the Fly," Procurement Seminar, Ontario Telemedicine Network, Toronto, Ontario, 2014.
  • Speaker, "Cross your T's and Dot Your l's: Tips and Strategies to Survive in Today's World of Increased Public Scrutiny," St. Joseph's Health System, Toronto, Ontario, 2013, for procurement professionals who are members of CAPsource.
  • Speaker, "Procurement Seminar: Providing Practical Advice on the Fly," Grand River Hospital, Kitchener, Ontario, 2013, for procurement professionals in the Waterloo/Wellington LHIN
  • Author, "Procuring A Health Information System: Avoiding the $300 Million Lawsuit," Health Informatics (COACH) Magazine, Toronto, Ontario, 2013.
  • Speaker, "Health IT Procurement Best Practices," Canada’s Health Informatics Executive Forum Conference, 2012.
  • Author, "Ontario Hospital Procurement 2.0: Ten Things Ontario Public Hospitals Need To Do," Health Informatics (COACH) Magazine, 2011.
  • Author, "Public Hospital Procurement — Broader Public Sector Accountability Act, 2010 (Bill 122)," 2010.
  • Author, "Hospital Procurement — Findings of the Auditor General's Report and Bill 122," 2010.
  • Author, "Ontario Supply Chain Guideline," 2010.
  • Speaker, "Navigating the Legal Perspective on Procurement," Ontario Hospital Association, Toronto, Ontario, 2010.
  • Presenter, "Hospital Procurement & Guidelines," Webinar, Ontario Hospital Association, Toronto, Ontario, 2010.
  • Author, "E-Health Public Procurement in Turbulent Times," Health Informatics (COACH) Magazine, Toronto, Ontario 2009.
  • Author, "Success Factors for Selection, Implementation and Management," Smart Metering, Toronto, Ontario 2009.
  • Speaker, "Managing Transition and Reducing Risks on the EHR Journey: Tools and Rules of Thumb," COACH Fall Forum, 2008.
  • Speaker, "Drafting a Wireless Vendor Contract," Wireless Healthcare Technology, Strategy Institute, Toronto, Ontario 2003, 2004 and 2008).
  • Speaker, "Hospital Procurement of IT Products and Services," Government Procurement III: Headlining Issues, OBA, Toronto, Ontario 2008.
  • Speaker, "The AMI Procurement Process," Smart Meter Forum Presentation, Annual Smart Meters in Ontario (Insight), Toronto, Ontario 2007.
  • Speaker, "The AMI Procurement Process," Smart Meter Forum Presentation, Annual Smart Meters in Ontario (Insight), 2007.
  • Speaker, "The AMI Procurement Process," Smart Metering Conference & Expo, Toronto, Ontario 2006.
  • Co-Author, "Cutting the Deal with the IT Vendor," e-Health Annual Conference 2005: Realizing the Vision, 2005.
  • Conference Chair, "Effectively Doing Information Technology (IT) Deals: A Practical Workshop From Licensing to Outsourcing to the Spin-Off Technology," Ontario Hospital Association.
  • Speaker, "Strategic Alliances in Biotechnology," Financing and Business Issues for New Technology Industries, Osgoode Hall Law School.
  • Contributing Author, Canadian Export Controls and Information Technology in Electronic Commerce: A Practitioner’s Guide (A. Gahtan et al, eds.) Thomson Carswell, 2003.
  • Co-Author, E-Commerce Law: Corporate-Commercial Practice Aspects, Butterworths, 2003.
  • Author, Biotechnology Law: Corporate-Commercial Practice, Butterworths 2002.
  • Author, "Biotechnology Primer for Health Care Institutions: Assessing, Protecting and Licensing Biotechnological Innovations," Canadian Health Law Practice Manual Butterworths, 2000.
  • Co-Author, Kyer and Fecenko on computer-related agreements: a practical guide, 2nd Edition, Butterworths, Toronto, 1997.
  • Author, Intellectual Property in Secured Transactions, LLM Thesis, Osgoode Hall Law School, 1999.

Testimonials & Rankings

Testimonials

  • "Mark is an exceptional asset to any organisation; he excels in every aspect of client service — value for money, effective communication, quality of legal advice and commercial awareness."
  • "He offers strategic advice that goes well beyond the legal aspects of business problems; Mark is focused on identifying and exploring the options to reach an optimal business decision."
  • "Mark is by far the most knowledgeable and experienced procurement lawyer; he consistently provides pragmatic counsel in order to effectively balance all potential risks while ensuring that projects are completed in a timely manner."
  • "Mark is extremely dedicated to his clients; we have come to greatly rely on his support and expertise and attribute much of our organisation's success to his careful and strategic guidance."
  • "Mark is a strategic thinker and effective communicator."
  • "Mark carefully analyses each and every situation and is pragmatic in his approach."

— Lexology Client Choice Award

Rankings

  • Recognized by the 2017 Client Choice Awards as the exclusive winner in the Projects & Procurement category in Ontario.
  • Recognized in the 2017 and previous editions of Chambers Canada – Canada's Leading Lawyers for Business (Information Technology).
  • Recognized in the 2017 and previous editions of Chambers Global – The World's Leading Lawyers for Business (Information Technology).
  • Selected by peers for inclusion in 2017 edition (and since 2008) of The Best Lawyers in Canada® (Information Technology Law).
  • Recognized by Lexology for the Client Choice Award in 2013 and 2016 (Information Technology).
  • Recognized in the the 2017 edition of The Canadian Legal Lexpert® Directory (Technology Transactions) and the 2016 and 2017 editions (Computer & IT Law).
  • Recognized as a recommended lawyer in the 2016 edition and recognized in the 2015 edition of the Legal 500 Canada (Public Procurement).
  • Recognized as a leading lawyer in the area of Information Technology in the 2015 Expert Guides: Technology, Media & Telecommunications Lawyers.
  • Recipient of the 2014 Corporate Intl Magazine Global Award for "IT Lawyer of the Year Canada."