Trade turmoil boosts demand for procurement lawyers, says new McMillan partner

The firm has added four lawyers to its international trade practice since the start of the year

Trade turmoil boosts demand for procurement lawyers, says new McMillan partner

As the US-Canada trade environment becomes more volatile, the ripple effects of tariffs are spreading beyond international trade. Once considered a niche legal specialty, the field is now surging in demand – bringing a rising tide of work in adjacent areas like procurement law.

That’s the view of Marc McLaren-Caux, a new partner in McMillan LLP’s international trade group. He says the current trade tensions and political uncertainty are fuelling a deluge of legal work on both the procurement and trade fronts – and he doesn’t believe the disruption will be short-lived.

“I wouldn’t call this a blip… And this is not going to last a few months. It's going to result in some realignments and new paradigms forming.”

Procurement and trade clients in a panic

Procurement rules are often grounded in trade agreements, and McLaren-Caux says that the line between procurement and trade law has always been thin. But recent policy moves have blurred that line even further.

Several provinces have already announced or implemented "Buy Canadian" policies that specifically exclude US manufacturers. That has triggered a surge of calls from clients worried about their future given how deeply integrated the North American economy is.

Many Canadian businesses, mainly subsidiaries of US companies, are concerned about whether they’ll still be recognized as Canadian entities – despite employing thousands of people across Canada in some cases.

“It’s thrown a lot of companies into panic about their ability to sign contracts with Canadian governments.”

The trade side has been even busier.

McLaren-Caux says clients are reaching out daily with questions about newly announced tariffs, requests for remissions, and strategies to shield themselves or capitalize on trade remedy actions.

He expects that introducing tariffs will also trigger a wave of contractual disputes as companies clash over who should bear the cost of tariffs levied at the border.

As confidence in international exports wanes, many Canadian producers are starting to focus inward. Sectors with long contract lead times, he says, are particularly vulnerable to shifting trade policies.

“It’s not good for business when the rules keep changing, and people can’t plan predictably… The uncertainty is making things very challenging.”

While international trade law is currently under the brightest spotlight, McLaren-Caux says procurement law also has increased behind-the-scenes activity. Those clients, he adds, are trying to either maximize opportunities or avoid being hurt by new rules.

Meanwhile, the scope of international trade disputes has expanded. Where such cases were once primarily confined to commodities and primary products like steel and aluminum, he says that the trade remedy system is now being used by a much broader range of industries, including food, consumer goods, and pharmaceuticals.

As a result, he says that trade-related legal work now touches nearly every corner of the economy, with advisory demand rising across all sectors.

International trade teams grow across the board

Canadian law firms are adapting to this new environment. At McMillan, the trade group has added three associates in 2025, alongside McLaren-Caux, who joined as a partner.

He says firms are pursuing two parallel strategies: recruiting external specialists and retraining junior associates from other practice areas, including corporate and litigation.

He says associates in their early years are well-positioned to pivot into trade, while movement at the partner level is more constrained due to entrenched areas of focus.

With clients now facing multi-dimensional challenges – trade, procurement, tax, customs, litigation – McLaren-Caux believes that full-service national firms are best positioned to help clients.

His move from boutique trade firm Cassidy Levy Kent LLP to McMillan reflects that shift.

He says that collaborating across departments has already proven valuable in his short time at the firm. Transitioning to a national platform has also given him access to broader research and business development resources.

Still, McLaren-Caux says it also comes with challenges – particularly in managing conflicts of interest across a firm.

“Conflicts exist at every national firm. It’s an issue, but I think it’s an issue which is managed really well at McMillan.”