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Mark has a comprehensive technology law practice, focusing on competitive and innovation procurement, outsourcing and technology. His clients span both the private and public sector, covering the healthcare, IT, higher education, municipal, biotechnology and energy sectors.
Mark negotiates biotechnology and life science-related joint ventures and investments in both the private and public sectors. This includes:
negotiations regarding the provision and operation of automated laboratory facilities
license agreements for biotechnological innovations
the development and exploitation of bioinformatics databases
Prior to his legal career, Mark graduated from the Canadian Armed Forces RESO program, and commissioned as a combat engineering officer.
Mark provides legal services through a Law Corporation.
Testimonials
"Clients say Mark 'has a huge amount of expertise in IT and is very helpful in walking us through the entire process.'"
“Mark provides outstanding work and guidance; he has an innovative approach to resolving challenging legal contracts.”
"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 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 carefully analyses each and every situation and is pragmatic in his approach."
Experience
Regularly assists groups of hospitals across Ontario in the acquisition of hospital information systems and related governance agreements among them
Regularly advises the MASH sector, government agencies and others on public procurements to comply with Ontario and Canadian law and related trade agreements
Regularly negotiates major IT and business process outsourcing arrangements for the MASH sector and others
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
PUBLICATION
Speaker, "Capital Equipment Procurement: Big Risk, Big Dollar, and Big Results," St. Joseph's Health System, 2014
PRÉSENTATION
Speaker, "IT Procurement and Service Provision in the Ontario Health Sector — Risk and Liability," HIROC (Healthcare Insurance Reciprocal of Canada), 2014
PRÉSENTATION
Speaker, "Providing Practical Advice on the Fly," Procurement Seminar, Ontario Telemedicine Network, 2014
PRÉSENTATION
Speaker, "Selected Issues in the Context of IT Procurement," Procurement Seminar, Healthcare Materials Management Services, 2014
PRÉSENTATION
Author, "Procuring A Health Information System: Avoiding the $300 Million Lawsuit," Health Informatics (COACH) Magazine, 2013
PUBLICATION
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, 2013
PRÉSENTATION
Speaker, "Procurement Seminar: Providing Practical Advice on the Fly," Grand River Hospital, 2013
PRÉSENTATION
Speaker, "Health IT Procurement Best Practices," Canada’s Health Informatics Executive Forum Conference, 2012
PRÉSENTATION
Author, "Ontario Hospital Procurement 2.0: Ten Things Ontario Public Hospitals Need To Do," Health Informatics (COACH) Magazine, 2011
PUBLICATION
Author, "Hospital Procurement — Findings of the Auditor General's Report and Bill 122," 2010
PUBLICATION
Speaker, "Navigating the Legal Perspective on Procurement," Ontario Hospital Association, 2010
PRÉSENTATION
Author, "E-Health Public Procurement in Turbulent Times," Health Informatics (COACH) Magazine, 2009
PUBLICATION
Author, "Success Factors for Selection, Implementation and Management," Smart Metering, 2009
PUBLICATION
Speaker, "Hospital Procurement of IT Products and Services," Government Procurement III: Headlining Issues, OBA, 2008
PRÉSENTATION
Speaker, "Managing Transition and Reducing Risks on the EHR Journey: Tools and Rules of Thumb," COACH Fall Forum, 2008
PRÉSENTATION
Speaker, "The AMI Procurement Process," Smart Meter Forum Presentation, Annual Smart Meters in Ontario (Insight), 2007
PRÉSENTATION
Speaker, "The AMI Procurement Process," Smart Metering Conference & Expo, Toronto, Ontario 2006
PRÉSENTATION
Co-Author, "Cutting the Deal with the IT Vendor," e-Health Annual Conference 2005: Realizing the Vision, 2005
PUBLICATION
Co-Author, " E-Commerce Law: Corporate-Commercial Practice Aspects," Butterworths, 2003
PUBLICATION
Contributing Author, Canadian Export Controls and Information Technology in Electronic Commerce: A Practitioner’s Guide, (A. Gahtan et al, eds.) Thomson Carswell, 2003
PUBLICATION
Speaker, "Drafting a Wireless Vendor Contract," Wireless Healthcare Technology, Strategy Institute, 2003, 2004 and 2008
PRÉSENTATION
Author, "Biotechnology Primer for Health Care Institutions: Assessing, Protecting and Licensing Biotechnological Innovations,"Canadian Health Law Practice Manual Butterworths, 2000
PUBLICATION
Author, "Intellectual Property in Secured Transactions," LLM Thesis, Osgoode Hall Law School, 1999
PUBLICATION
Conference Chair, "Effectively Doing Information Technology (IT) Deals: A Practical Workshop From Licensing to Outsourcing to the Spin-Off Technology," Ontario Hospital Association
PRÉSENTATION
Speaker, "Strategic Alliances in Biotechnology," Financing and Business Issues for New Technology Industries, Osgoode Hall Law School
PRÉSENTATION
Co-Author, "Kyer and Fecenko on computer-related agreements: a practical guide," 2nd Edition, Butterworths, 1997
PUBLICATION
Member, Canadian Organization for the Advancement of Computers in Health (COACH)
Member, Digital Health Canada
Member, Canada’s Health Informatics Executive Forum
Member, International Association of Privacy Professionals
Awards & Recognitions
Recognized in the 2024 and 2022 edition of The Best Lawyers in Canada® (Information Technology Law and Health Care Law)
Recognized in the 2024 (and since 2018) editions of Chambers Canada – Canada's Leading Lawyers for Business (Information Technology - Nationwide; Public Procurement - Nationwide)
Information Technology: Mark Fecenko is based in Toronto and is experienced in handling a multitude of software-related contract negotiations for public sector bodies, including health industry. He also offers expertise in procurement and cloud solutions projects.
Recognized in the 2023 edition of the Legal 500Canada as a Leading individual (Technology)
Information Technology/Public Procurement: "Mark is deeply knowledgeable and excellent at communicating to ensure expectations are clear and met.”
Public Procurement: He is sought out for his specialisation in the provision of IT service procurement, particularly in relation to the healthcare industry.
Recognized in the 2024 and previous editions of Chambers Global – The World's Leading Lawyers for Business (Information Technology)
Recognized in the 2023 edition (and since 2022) edition of Lexpert Special Edition: Technology & Health Sciences
Recognized in the 2021-2023 editions of The Canadian Legal Lexpert® Directory (Corporate Commercial Law), 2020-2024 editions (Computer & IT Law and Technology Transactions)
Recognized in the 2023 edition (and since 2022) of Who's Who Legal: Canada (Government Contracts)
Recognized in the 2021 edition of Lexpert Special Edition: Health Sciences
Recognized in the 2022, 2021 and 2019 edition of Chambers Canada – Canada's Leading Lawyers for Business (procurement – Recognized Practitioner)
Recognized in the 2021 and 2020 edition of Lexpert Special Edition: Technology
Recognized by Lexology for the Client Choice Award in 2013 and 2016 (Information Technology)
Recipient of the 2014 Corporate International Magazine Global Award for "IT Lawyer of the Year Canada"
Recognized by the 2018 Client Choice Awards as the exclusive winner in the Healthcare & Life Sciences category in Ontario
Recognized by the 2019 and 2017 Client Choice Awards as the exclusive winner in the Projects & Procurement category in Ontario
Recognized by the 2013 and 2016 Client Choice Awards as the exclusive winner in the IT and Internet category in Ontario
Bar Admission & Education
Ontario, 1989
Joint LLB/MBA,
Faculté de droit Osgoode Hall de l'Université York, 1987
LLM,
Faculté de droit Osgoode Hall de l'Université York, 1999
B.Sc.,
Université McGill, 1983
RESO Program,
Canadian Armed Forces
Six Sigma and Lean Six Sigma Green Belt,
Villanova University, 2013
Lean Six Sigma Black Belt,
Villanova University, 2013