McMillans Commercial Litigation Litigators from each of the fjrms - PDF document

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series McMillan’s Commercial Litigation Litigators from each of the fjrm’s Canadian offjces have collaborated Presentation Series to assemble a collection of presentation topics, covering legal Avoid ‘Courting’ Disaster – How to Best Manage Litigation Risk subjects of particular interest to This high level presentation provides concrete tips for managing risk in the in-house counsel. As a valued context of litigation, including strategies for avoiding litigation altogether, McMillan client, we are offering positioning yourself for litigation when it is on the horizon and managing risk to attend your offjces to present during the course of litigation. The presentation is designed to assist clients on as many of the included minimize the pain, and maximize the gain, when disputes arise. topics as you would like. We would be happy to schedule this presentation series at your convenience. Scott Maidment Brad Hanna Brett Harrison Toronto Toronto Toronto The presentation series will begin in January 2015, on dates to be Making Settlements Stick: A Practical Guide to Settling Business agreed upon. Each presentation Disputes Across Canada is eligible for 1 hour of substantive Most business disputes are resolved prior to trial and often before litigation CPD in Ontario, 1 hour of CPD in has even commenced. This presentation will offer practical tips and review BC and 1 hour of CLE in Québec. common pitfalls to help in-house counsel achieve final and lasting settlements of common business disputes. Clients will also be offered a complimentary copy of McMillan’s recently published book: “The Essential Guide to Settlement in Contact info: Canada”, a valuable practice manual designed for in-house counsel, with detailed Brad Hanna advice and forms/precedents to help them draft binding settlement documents. 416.865.7276 brad.hanna@mcmillan.ca Benjamin Bathgate Lindsay Lorimer Katherine Reilly Toronto Toronto Vancouver Vancouver l Calgary l Toronto l Ottawa l Montréal l Hong Kong l mcmillan.ca

Managing Class Action Risk in Canada A summary of recent developments in Canadian class action law. This presentation will review solutions to help companies understand, manage and mitigate class McMillan’s Litigation action litigation risk. It will also review practical steps companies can take now to Group proudly presents minimize the likelihood of being named in a class action. its Commercial Litigation Presentation Series Lisa Parliament Éric Vallières Joan Young Toronto Montréal Vancouver Summary Judgment: Fast Track or Slow Lane? Most lawyers are all familiar with the new summary judgment test but what every litigant really wants to know is one thing: “what are my chances?” McMillan has completed the only statistical analysis of summary judgment motions, comparing outcomes from before and after the Rule change. This presentation will distill the new summary judgment case law, identify the key factors you should consider before bringing a summary judgment motion and, most importantly, will help you to determine whether you should bring a summary judgment motion or opt for a traditional or hybrid trial. Karen Carteri Andrew Stead Peter Wells Calgary Toronto Vancouver Renovation and Construction: What are you getting into? De-Mystifying the Construction Process and Managing Risk This topic will cover issues such as: What construction project delivery method is right for you?; Procurement and Tendering – what kind of flexibility do I have in obtaining the best price?; Liens, Trusts, Holdbacks, and Money; Insurance, Bonds, and Other Risk Mitigation Measures; and Avoiding and Resolving Disputes Efficiently. Calie Adamson Jason Annibale Damon Chisholm Toronto Toronto Vancouver McMillan’s Commercial Litigation Presentation Series

What You Need to Know About E-Discovery: Obligations, Costs and Best Practices McMillan’s Litigation Large-scale electronic discovery has become common practice in Canadian litigation. This presentation will canvass when it is appropriate to engage in Group proudly presents e-discovery, how to effectively control its scope and cost and when to manage the e-discovery process internally, through external counsel or through a third its Commercial Litigation party vendor. We will also address specific e-discovery issues that may arise in specific cases, including products cases, and class actions. Presentation Series Geoff Moysa Andrei Pascu Katherine Reilly Toronto Montréal Vancouver Lease Remedies 101: Navigating Your Options As lease disputes reach a climax, in-house lawyers need to consider all available remedies to properly assess their options. An early recognition of the pros and cons of each remedy, and when they are and are not appropriate, is often essential to ensure that any steps taken will be upheld by the courts. This presentation will provide a comprehensive overview of each lease remedy, including: damages (and the duty to mitigate); injunctive relief; self-help remedies; distress; set-off; bailment; and relief from forfeiture, among others. Detailed comparisons as to which remedy is best suited for which set of circumstances, and helpful step-by-step checklists, will provide in-house lawyers with the tools they need to navigate leasing disputes and avoid conduct that may ultimately bring about adverse judicial consequences. Jason Annibale Benjamin Bathgate Stephanie Hamelin Toronto Toronto Montréal Your place or mine?: The Changing Law of Jurisdiction The Supreme Court of Canada has recently reformulated the “real and substantial connection test,” which determines when a court will take jurisdiction over an out-of-province defendant. This presentation will provide an update on this area of law and will provide guidance on what factors a court considers in deciding whether to assume jurisdiction over a particular incident. Rachel April Giguère Andrew Stead Patrick Thompson Montréal Calgary Ottawa McMillan’s Commercial Litigation Presentation Series

Should it Stay or Should it Go: Litigation Holds and Document Destruction Policies McMillan’s Litigation A summary of your document preservation obligations. Topics covered include: what triggers the duty to preserve, what documents must be Group proudly presents preserved, what is a “document”, how to implement a litigation hold policy (best practices), the principle of proportionality, an overview of the law of its Commercial Litigation spoliation, and when it is safe to destroy records. Practical tips, including a step-by-step review of a McMillan-recommended litigation hold memorandum, Presentation Series will be provided to help each client customize its own memorandum. Benjamin Bathgate Sidney Elbaz Richard Jones Toronto Montréal Calgary Managing Privacy Risk in Canada A summary of recent developments in Canadian privacy law. This presentation will discuss the recent privacy law trends in Canada and will discuss potential solutions and tools to help companies understand, manage and mitigate privacy risk. It will also review practical steps companies can take now to minimize the likelihood of a security breach taking place and guidance on how to properly manage these breaches. Ryan Black Bruce McWilliam Lyndsay Wasser Vancouver Toronto Toronto Emerging Issues in Product Liability Product Liability incidents raise regulatory issues and give rise to potential claims in civil court. This presentation will provide an overview of product liability claims in common law provinces and Québec (who bears the burden and defences available), give guidance on reporting issues and provide strategies to ensure that your brand is protected. Sidney Elbaz Lindsay Lorimer Andrew Stead Montréal Toronto Calgary McMillan’s Commercial Litigation Presentation Series