Disputed

The past two years have brought uncertain, sometimes turbulent times to Canadian businesses and their supply chains. And when forced to make quick adjustments to address short-term bottlenecks, companies are often left with little time to assess long-term risk and liability. For this discussion, we welcome back Randy Sutton, global co-head of our life sciences and healthcare industry group and co-head of our Canadian class actions team. Joining Randy is Kaitlin Smiley, Of counsel in our Vancouver office.

Published: May 26, 2022 | 25 min 43 sec
This episode qualifies for 25 minutes of CPD credit in Ontario and 25 minutes of CPD credit in British Columbia.

Is a competitor using your trade secrets? Is a former employee misusing confidential information? This episode is all about trade secret rights and how to enforce them. Businesses can rely on trade secret law to protect almost anything, from secret recipes and manufacturing methods to business plans and customer lists. IP lawyers Elizabeth Williams, partner and trademark agent based in Calgary, and Allyson Whyte-Nowak, partner based in Toronto, join us for this conversation.

Published: May 4, 2022 | 40 min 8 sec
This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD credit in British Columbia.

I think, therefore I am…? Artificial Intelligence is changing our legal environment. But as machines continue to inform decision making and human interaction, what does this mean for long-established principles such as causation, standard of care, and procedural fairness? What ethical issues arise when we rely on machines to make a judgement call? And if a machine can learn on its own, can it be an inventor with IP rights? Breaking down this brave new world is IP partner Maya Medeiros, and associate Jesse Beatson, whose practices cover the intersection of technology and law.

For more information on this topic:

• AI Decision-Making: Protecting Rights Through Litigation and Regulation in Canada and the USA - YouTube
• Litigating Artificial Intelligence | Emond Publishing
• Copyright protection for AI-created work? | Canada | Global law firm | Norton Rose Fulbright
• Leading Legal Disruption: Artificial Intelligence And A Toolkit For Lawyers And The Law, softbound book | Thomson Reuters

Published: April 19, 2022 | 34 min 44 sec
This episode qualifies for 30 minutes of CPD credit in Ontario and 30 minutes of CPD credit in British Columbia.

Class actions are a rapidly evolving risk for Canadian businesses. COVID-19, employment, privacy, consumer protection: these are just a few areas where activity has increased, and it is happening across multiple industries and jurisdictions. As class actions develop in scope and complexity, so do strategies for predicting and managing what seems like a moving target. In this episode, we look at some key trends in class actions, and compare approaches to certification across the provinces. Joining us are the co-chairs of our Canadian class actions team, Toronto partner Randy Sutton, and Montréal partner François-David Paré.

For more information: No duty of care owed to farmers arising from mad cow crisis.

Published: March 16, 2022 | 35 min
This episode qualifies for 35 minutes of CPD credit in Ontario and 30 minutes of CPD credit in British Columbia.

The workplace Canadians are “returning” to is not what it was two years ago. The way we work – what, where and how we do it – has changed, and it’s brought rapid developments in the law. This episode starts by looking at the big-ticket issue: mandatory vaccination policies. We then look more broadly at the evolving definition of the workplace, and consider what recent case law can tell us about attitudes to employee rights when it comes to remote working, including the right to disconnect, pay equity, and discrimination risks. Joining us for this important, timely topic is employment and labour partner Jeff Landmann and associate Preston Brasch. 

For more information, check out Norton Rose Fulbright’s content hub for practical guidance, timely updates and strategic insights: Return to the workplace.

Published: February 23, 2022 | 46 min
This episode qualifies for 45 minutes of CPD credit in Ontario and in British Columbia.

Litigation funding – where a plaintiff’s litigation effort is financed by a third party in exchange for a portion of the proceeds of the case – is an established practice in jurisdictions such as the US and the UK, and is now becoming a regular feature of Canadian litigation, especially in the insolvency context. In this episode, hosts 
Ailsa Bloomer and Andrew McCoomb welcome our first industry guest: Paul Rand is chief investment officer at Omni Bridgeway, a global litigation finance company that funds commercial disputes and enforcement proceedings around the world. Joining Paul is Arad Mojtahedi, associate in our Montréal office practising commercial litigation and insolvency proceedings under Canada's Companies’ Creditors Arrangement Act.

For more information: The reverse vesting order is here to stay: Continued innovative use of the Companies’ Creditors Arrangement Act to save distressed companies and Authority to bar a creditor from voting and litigation funding as interim financing: The Supreme Court of Canada’s ruling in Bluberi

Published: February 9, 2022 | 39 min 1 sec
This episode qualifies for 39 minutes of CPD credit in Ontario and 40 minutes of CPD credit in British Columbia.

Blockchain technology is, by definition, borderless. But what happens when such a widespread ledger becomes the focus of litigation? In this episode, hosts Andrew McCoomb and Ailsa Bloomer welcome Robert (Bob) Schwinger, commercial litigator and FinTech lawyer from our New York office. Bob brings us up to speed on just what, exactly, cryptocurrencies are, raising interesting jurisdictional questions as they become an increasingly frequent subject of litigation. 

Bob is author of the New York Law Journal’s “Blockchain Law” column. Check out his last installment for recent updates: Blockchain Law: Out to sea? Extraterritoriality challenges in US crypto litigation. 

Published: January 26, 2022 | 41 min 40 sec
This episode qualifies for 40 minutes of CPD credit in Ontario and in British Columbia.

A natural follow-up to our conversation on climate change disputes, in this episode, we talk about what happened in Glasgow last month, connecting key points from COP26 to current efforts in Canada to reduce emissions and develop sustainable technology. Hosts Ailsa Bloomer and Andrew McCoomb welcome guests from our Calgary and Vancouver offices: Alan Harvie, senior partner with over 30 years' experience with regulatory, operational, and environmental issues in the energy, oil and gas, and chemical industries; and Matthew Keen, partner with a practice covering energy law, environmental assessment, and issues concerning Indigenous peoples. 

Norton Rose Fulbright was onsite at COP26 this year. For additional commentary on the day-to-day conversation in Glasgow, check out our blog, Inside COP26.  

Published: December 15, 2021 | 48 min 24 sec
This episode qualifies for 45 minutes of CPD credit in Ontario and British Columbia.

At the date of this podcast, there are over 1800 global climate change lawsuits. 18 months ago, that number was 1,543. The effects of climate change are proliferating, and litigation is following suit. But what does a climate change and sustainability dispute look like? What laws and legal principles are engaged? And what can international trends tell us about Canada’s litigation risk profile? Ailsa Bloomer and Andrew McCoomb talk to Cara Dowling and Michael Manhas about the rise of climate and sustainability disputes, and why we expect more will reach our Canadian shores. Cara is our Director of Global Disputes and has multi-jurisdictional experience in litigation and arbitration, with particular expertise in climate change dispute risks. Michael is a Partner in our Vancouver office practising litigation, administrative and regulatory law, with a focus on environmental, energy and indigenous matters.

For more information, including sector-specific insights and cross-border guides, check out our Climate change and sustainability disputes website. 

Published: December 1, 2021 | 43 min 17 sec
This episode qualifies for 45 minutes of CPD credit in Ontario and in British Columbia.

Battle for the Board: proxy fights happen when shareholders rally to gain control of the company and its future. Even with the impact of COVID-19 on capital market activity, shareholder activism in the form of proxy battles is rising. Does that mean it’s getting easier to start a proxy fight? What factors are driving these battles? Join hosts Ailsa Bloomer and Andrew McCoomb as they ask Walied Soliman and Orestes Pasparakis, co-chairs of the firm’s Special situations team, why Canada is experiencing more proxy fights, what tactics are deployed, and how companies can fight back. Walied is the chair of Norton Rose Fulbright Canada and chaired the Ontario Capital Markets Modernization Task Force. Orestes has been called the “go-to lawyer on any bet-the-company litigation file”, and together they have won some of Canada’s most complex corporate disputes.  

Published: November 17, 2021 | 23 min 36 sec
This episode qualifies for 20 minutes of CPD credit in Ontario and 30 minutes in British Columbia.

Can the Canadian parent of a multinational organization be liable for actions of its foreign subsidiaries? Last year, the Supreme Court of Canada decision in Nevsun signalled to multinational entities that they must be alive to this risk. And globally, companies face increasing scrutiny to act sustainably and responsibly. Join co-hosts Ailsa Bloomer and Andrew McCoomb for a discussion on the changing nature of international parent company liability: is the “corporate veil” still an effective means of insulating liability? Does having too bold a corporate responsibility statement create a risk for parent companies? And what role might arbitration play in managing this risk? Talking us through these issues are Alison FitzGerald and Martin Valasek. Alison is Of Counsel in our Ottawa office with a practice in international arbitration, trade and investment law. Martin is a Partner in our Montreal office and head of our Canadian International Arbitration team.

For more information, please check out our cross-border guide to parent company liability for foreign subsidiaries

Published: November 3, 2021 | 39 min 15 sec
This episode qualifies for 0.5 hours of CPD credit in Ontario and British Columbia.

Data breaches in Canada hit a record high last year with an average cost of more than $6 million per incident. Data breaches are beginning to affect every sector and industry and regulation is beginning to increase to address these breaches. The second episode in our cybersecurity series, join hosts Ailsa Bloomer and Andrew McCoomb as they dig into how best to manage a data privacy breach. What constitutes a breach? What do you actually do when a breach happens? And how do you mitigate the impact and reduce the risk of a future incident? For the discussion, we welcome back Imran Ahmad, co-head of information governance, privacy and cybersecurity and head of Norton Rose Fulbright’s technology sector. Joining Imran is Miranda Sharpe, an associate from our Calgary office and a member of Norton Rose Fulbright’s national information governance, privacy and cybersecurity team.

Published: October 21, 2021 | 34 min 03 sec
This episode qualifies for 0.5 hours of CPD credit in Ontario and British Columbia.

Imagine you are the victim of a ransomware attack. A hacker gains access to your data and encrypts your files so you can't use them. When you log in to your system, you are confronted with a ransom demand; you’ve got to pay up if you want your data back. The ransomware industry is booming and attacks are up 151% this year compared to 2020. And the chaos it's causing is becoming more widespread. What does this mean for Canadian businesses? How are hacker techniques changing? Should you ever pay a ransom? What legal issues are engaged when defending a ransomware attack? Join hosts Ailsa Bloomer and Andrew McCoomb as they interview John Cassell and Imran Ahmad to get answers to these questions. John and Imran are Canadian co-heads of Norton Rose Fulbright’s cybersecurity team.

Published: October 20, 2021 | 33 min 30 sec
This episode qualifies for 0.5 hours of CPD credit in Ontario and British Columbia.

Short form summaries considered by the financial advisor, fairness opinions determine whether a proposed transaction is fair from a financial perspective to company shareholders. In this episode, join hosts Ailsa Bloomer and Andrew McCoomb as they interview Steve Leitl, QC to find out why fairness opinions are becoming top of mind for courts, and what questions directors, shareholders and financial advisors should be ready for. Steve is a senior partner in our Calgary office and has represented clients across Canada in complex securities and M&A litigation, directors’ liability cases, class actions and internal investigations.

Published: October 13, 2021 | 36 min 17 sec
This episode qualifies for 0.5 hours of CPD credit in Ontario and British Columbia.