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Nortel case raises questions about expertise of bench, Crown

  • Prof holds up Quebec system for handling financial cases as best practice.
Written by  Jennifer Brown Posted Date: January 21, 2013
Steven Salterio says generalist judges and prosecutors don’t cut it in complicated corporate law trials.
Those who had hoped for a different outcome in the acquittal of three former Nortel Networks executives might want to consider that judges and Crown attorneys might need more experience with corporate law to get a conviction in future trials.

Associations in Canada provide the basics but fall short

  • Practising In-house
Written by  Cheryl Foy Posted Date: January 14, 2013
There is, predictably and understandably, more interest in specific issues than in the profession as a whole. In-house lawyers are not unique in focusing on more immediate matters: Have I fulfilled my mandatory continuing professional development obligations? Do I have the information and skills I need to do my job well? Do I feel part of a community? Are my professional networks intact? As I look around however, I see relatively few of us are interested in the evolution of the role of in-house lawyers and I’d hazard a pretty educated guess fewer still care about the political organization of in-house lawyers or the associations and other groups that represent in-house lawyers.
The Competition Bureau is seeking massive penalties from Direct Energy and Reliance Comfort for anti-competitive behaviour in the water heater market. Photo: Shutterstock
The Competition Bureau is taking aim at two dominant players in the hot water heater market by seeking orders prohibiting the companies from engaging in further anti-competitive conduct and seeking administrative penalties of $15 million from Direct Energy and $10 million from Reliance Comfort Ltd.

Risks of the ‘bring your own device’ culture

Written by  Jennifer Brown Posted Date: January 07, 2013
Increasing use of personal electronics in the workplace can pose legal risks. Photo: Shutterstock
It used to be a company-issued laptop or BlackBerry were the only devices allowed in the workplace, but increasingly employees want to use the tools they prefer to get the job done.

Small companies need to pay heed to anti-corruption matters

  • RCMP may be targeting big companies now but enforcement is becoming more stringent
Written by  Jennifer Brown Posted Date: December 31, 2012
The RCMP ‘are on a serious enforcement tract’ regarding anti-corruption, says Jonathan Drimmer.
It’s still early days when it comes to the enforcement of Canada’s anti-corruption legislation, but some companies may still not be ready should the RCMP come calling, says a senior counsel with Barrick Gold Corp.

Throw your hat over the wall: a challenge for 2013

  • In-house Coach
Written by  Fred Krebs Posted Date: December 31, 2012
We have all seen the articles about the increased influence of general counsel both in the boardroom and elsewhere, as well as the expanding role in the C-suite. However, in all the conversations about influence and stature we should not lose sight of the most basic responsibility of the general counsel — to be a good lawyer. Whatever other responsibilities you assume or roles you take on while practising in-house, your core and most fundamental responsibility is the legal health of your client, the organization. Thus, being a good lawyer comes before anything else.

A call to arms on professional regulation

  • Practising In-house
Written by  Cheryl Foy Posted Date: December 10, 2012
The in-house practice of law differs dramatically from the practice of the traditional private practice lawyer. I agree with those of you who say internal and external lawyers have more in common than we don’t, but I don’t agree with those who use that as a reason to subsume the in-house lawyers within the larger group for all purposes. This is not a column about “piling on” to criticize outside counsel. I believe we should all work to ensure the relationship between in-house lawyers and private practice lawyers (between all lawyers for that matter) is collegial and respectful.
Canadian companies continue to other regions and countries in the world. Source: Kroll Global Fraud Report.
Incidents of white-collar fraud appear to be on the decline both globally and in Canada, but some senior executives may have a false sense of security when it comes to the potential threats to their organizations.

SCC says labour board was right all along

Written by  Jennifer Brown Posted Date: December 03, 2012
Driver Iron is an employer and can’t opt out of agreements with unions, confirmed the SCC. Photo: Shutterstock
The Supreme Court of Canada has affirmed the original decision of the Alberta Labour Relations Board in a case involving the complexities of unionized and non-unionized construction workers in the province.

Critical supplier’s hard-ball queue jumping pays off

Written by  Michael Atlas Posted Date: December 03, 2012
Foreign critical suppliers may be able to extract payment in full, for amounts owed to them by a debtor company in a Companies’ Creditors Arrangement Act filing, by virtue of their location in a foreign country and the critical nature of the goods or services that they supply.
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