Disputed

Discussions to keep your business risk-ready

Disputed podcast hosts photosJoin co-hosts Andrew McCoomb and Ailsa Bloomer as they interview lawyers and industry leaders from key sectors questioning the trends, issues and opportunities across Canada’s evolving legal landscape. Conversations will bring both a global perspective and a litigator's instinct for issue spotting to keep your business risk-ready.

How to listen

Listen and subscribe to the Disputed podcast on:

 

Episodes

 

Episode 6: Climate change disputes

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

Listen

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

Episode 5: Proxy fights

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.  

Listen

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.

Episode 4: Parent company liability

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

Listen

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

Episode 3: Managing a breach

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.

Listen

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

Episode 2: Ransomware

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.

Listen

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

Episode 1: Fairness opinions

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.

Listen

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

 

Contact us

 

Norton Rose Fulbright Canada LLP is providing this podcast as a purely educational service. While it may contain legal information, it should not be construed as legal advice, a legal opinion or recommendation, or a statement of process or policy of Norton Rose Fulbright Canada LLP. The information, views and opinions expressed by guest speakers are entirely their own and their appearance on the podcast does not express or imply an endorsement by Norton Rose Fulbright Canada LLP of the information, views or opinions expressed by any guests, or of any entities they represent. Norton Rose Fulbright Canada LLP expressly disclaims any and all liability or responsibility for any direct, indirect, incidental or any other form of damages arising out of any individual’s or organization’s use of, reference to, reliance on, or inability to use this podcast or the information presented in this podcast.