Ira Nishisato

Ira Nishisato  

Partner

Executive Summary

Ira Nishisato is a Partner in the Commercial Litigation Group in Toronto. He focuses on:

  • Complex commercial litigation
  • Commercial fraud and investigations
  • Anti-piracy and anti-counterfeiting litigation
  • Cybersecurity and cybercrime litigation
  • Injunctions and extraordinary preliminary, provisional and interlocutory remedies, including Anton Piller (civil search), Mareva (asset freezing) and Norwich Pharmacal (equitable discovery) orders
  • International and multi-jurisdictional dispute resolution

Ira advocates before all levels of courts in Canada, including the Supreme Court of Canada, Federal Court of Appeal, Ontario Court of Appeal, Federal Court, Ontario Divisional Court and Superior Court of Justice.  He appears regularly before the Commercial Court in Toronto.

Ira has litigated cases involving administrative law, asset tracing and recovery, banking, broadcasting and telecommunications, class actions/mass torts, computer and Internet law, cybersecurity and cybercrime (including privacy, data protection and information security), conflict of laws, constitutional law, contracts, corporate/commercial law, defamation, fiduciary duties, fraud, intellectual property (including anti-piracy and anti-counterfeiting), labour and employment, officer and director liability, product liability, public international law, professional negligence, and shareholder disputes.

Representative Work

  • Defended global tobacco companies against a $50-billion claim for recovery of healthcare costs by Government of Ontario.
  • Prosecuted claim involving a multi-million dollar, worldwide "e-banking" fraud perpetrated across multiple jurisdictions over the Internet.
  • Obtained emergency interlocutory injunction for U.S. broker-dealer and investment advisory firm Oppenheimer & Co. Inc. in a high technology contract dispute.
  • Designed and executed anti-piracy litigation strategies across Canada for satellite television providers Bell TV, DIRECTV and DISH Network and encryption technology provider NagraStar LLC.
  • Designed and executed anti-counterfeiting strategies for brand owners such as Louis Vuitton Mallettier and Zumba Fitness.
  • Represented global pharmaceutical companies in injunction proceedings involving allegations of false and misleading advertising.
  • Represented an Internet Service Provider in an action concerning intermediary liability for websites hosted by it.
  • Obtained court approval for numerous corporate plans of arrangement.
  • Developed nationally recognized expertise in obtaining injunctions and extraordinary interlocutory remedies, including over 80 Anton Piller orders, Mareva injunctions and Norwich Pharmacal orders.
  • Appointed as an "officer of the court" in connection with the supervision of Anton Piller orders in large-scale mortgage fraud cases for Royal Bank of Canada and Bank of Montreal, and in several trade secrets/confidential information cases.

Publications & Presentations

Publications & Interviews

Presentations

  • Speaker, "Operationalizing Incident Response," ICRMCFrom Governance to Response: An Advanced Cyber Risk Management, Toronto, April 1, 2016.
  • Speaker, "Cyber Risk Survival for Executives: Strategies, Legalities and Insurance," BLG/Deloitte/AON Seminar, June 2015.
  • Speaker, "Cyber Risk Survival: Legalities and Strategies for Preventing, Detecting and Responding to Cybersecurity Threats," Annual Toronto Fraud Forum, September 2015.
  • Speaker, "Cybersecurity and IT Risk: What an audit committee needs to know about this increasingly important area of risk," 9th Annual Conference for Audit Committees, November 28 2013.
  • Co-Chair, "When Red Flags Fly: Anatomy of a Ponzi Scheme," International Bar Association, October 2013.
  • Co-Chair, "National Expert Witness Academy: Cross-Examination at the Court House," The Advocates' Society, April 2013.
  • Speaker, "National Expert Witness Academy: Cross-Examination at the Court House," The Advocates' Society, April 2012.
  • Speaker, "Advocacy in Commercial Litigation," International Bar Association, October 2011.
  • Speaker, "Navigating Your Way Through Motions for Mareva and Anton Piller Orders," Law Society of Upper Canada, March 2011.
  • Speaker, "Mastering the Art of Complex Civil Motions," Law Society of Upper Canada, March 2011.
  • Speaker, "Has the Consumer Suffered A Disadvantage in the Acquisition of Goods and Services?," International Bar Association, October 2010.
  • Speaker, "Anton Piller Orders," Ontario Bar Association, February 2010.
  • Speaker, "Evidence for Litigators," The Advocates' Society, November 2009.
  • Speaker, "Options for the Resolution of International Commercial Disputes: Should Party Autonomy Always Prevail?," International Bar Association, October 2009.
  • Speaker, "The Courts and E-Discovery: Striking the Balance," International Bar Association, October 2008.
  • Speaker, "Litigation Risk: The Litigator's Perspective on Common Trouble Spots That Can Land You in Court," Canadian Corporate Counsel Association, October 2008.
  • Speaker, "Commercial Injunctions," Law Society of Upper Canada, March 2008.
  • Speaker, "Measures for Combating Counterfeiting and Piracy," International Bar Association, October 2007.
  • Speaker, "Remedies and Damages: Interlocutory Injunctions," Law Society of Upper Canada, Toronto 2007.
  • Speaker, "Interlocutory Injunctions," Law Society of Upper Canada, March 2007.
  • Speaker, "Anton Piller Orders," Chartered Accountant/Investigative and Forensic Accountant Conference, 2006.
  • Speaker, "Cost-Effectively Managing Complex Litigation," The Canadian Institute Conference on Complex Litigation, 2006.
  • Speaker, "International Fraud, Mareva Injunctions, and Canadian Courts," Florida Bar Association, 2005.

Rankings & Recognitions

  • Selected by peers for inclusion in the 2018 edition (and since 2013) of The Best Lawyers in Canada® (Corporate and Commercial Litigation).
  • Recognized in the 2017 edition of Who's Who Legal: Canada (Commercial Litigation).
  • Recognized in the 2017 edition of Who's Who Legal: Canada (Investigations).
  • Recognized in the 2017 edition of Who's Who Legal: Canada (Asset Recovery).
  • Recognized in the 2017 edition of Who's Who Legal: Canada (Business Crime Defence).
  • Recognized in the 2016 edition of World Trademark Review's WTR 1000 - The World's Leading Trademark Professionals.
  • Recommended in the 2016 edition of the Legal 500 Canada (Dispute Resolution).
  • Recognized in the 2016 and 2015 edition of Benchmark Canada – The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys as a "Litigation Star: Commercial."
  • Recognized in the 2015 and 2016 edition of World Trademark Review's WTR 1000 - The World's Leading Trademark Professionals (Anti-Counterfeiting).
  • Recognized in the 2009-11 editions of Chambers Global – The World's Leading Lawyers for Business (Dispute Resolution: Ontario):
    • “He is described as ‘an outstanding and hard-working lawyer’ and clients say: ‘One great drawcard is that the lawyers who work with him have a great deal of respect for him, and they strive to do great work because of this.’
  • Recognized in the 2015 (Investigations) and in the 2011-12  (Business Crime) editions of Who's Who Legal: Canada.
    • “Praised as an ‘outstanding litigator’ by his clients, he has acted as counsel in global, multi-million dollar fraud cases, including a worldwide ‘e-banking’ fraud carried out over the internet’
    • “Ira Nishisato is known for taking on ‘complex and challenging’ cases and has an ‘outstanding reputation’ for his litigation work.”
  • Martindale-Hubbell BV® Distinguished™ 4.2 out of 5.