Disputed

Disputed

By Norton Rose FulbrightBusiness
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Disputed episodes

  • Exploring the high-stakes world of special situations

    What lies ahead for governance disputes in Canada? According to our 2024 Annual Litigation Trends Survey, the anticipated key contributors over the next 12 months are: 

    • Board composition
    • Executive compensation
    • Conflicts of interest
    • Issues with proxy statements


    In the fourth and final episode of our miniseries, hosts Ted Brook and Erin Brown discuss the unique practice of special situations along with Evelyn Li and Fahad Siddiqui. Both Evelyn and Fahad are Partners of Norton Rose Fulbright’s Special Situations team, which has played a leading role in Canada's most high profile shareholder activist and defense mandates across the country. 


    During the episode, they explore the dynamic, rapidly evolving world of complex M&A, shareholder activism and corporate governance litigation, including current key focus areas for the practice in Canada, from internal investigations, to engagement with securities and regulators, and much more.


    Download the full 2024 Annual Litigation Trends Survey at: 2024 Annual Litigation Trends Survey


    This episode is accredited 0.75 substantive hours in Ontario and 0.75 substantive hours in British Columbia.

    46 min
  • Navigating the ESG risk landscape in Canada

    As regulatory requirements around climate and other Environmental Social and Governance (ESG) disclosures take shape and anti-ESG sentiment grows, organizations are increasingly finding themselves navigating a complex risk landscape.


    From our survey:


    • Issues surrounding board governance, executive compensation, conflict of interest and proxy battles have been flagged by 50% of Canadian survey respondents as something to pay attention to in 2024

    • One in 10 respondents experienced ESG-related litigation last year (compared to just two percent in 2022) – a development we anticipated in our 2023 report.

    • 38% of organizations are also concerned about future ESG class actions as issues such as greenwashing, diversity policies and regulatory compliance go under the microscope.


    In episode three of our miniseries, hosts Ted Brook and Erin Brown draw on the expertise of Alison Babbitt, Partner, Canadian Co-Head of Responsible Business and Sustainability, and Heidi Reinhart, Partner. Together, they explore the discourse around ESG litigation risk as new regulations and policies come to the forefront. We’ll learn how various industries are impacted and why a strong base of corporate governance, transparency, and consistency can set businesses up for success.


    Download the full Litigation Trends Survey at 2024 Annual Litigation Trends Survey.


    This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

    39 min
  • A proactive approach to cybersecurity, data privacy and AI

    Our digital world is creating more data than ever before.


    And according to findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey, as data volumes grow exponentially, so do cybersecurity and data privacy concerns.


    From our survey:


    • 40% of organizations saw their cybersecurity dispute exposure grow in 2023 – more than any other area – as cyberattacks reached record levels and the patchwork of data protection regulations grew in complexity.

    • Cybersecurity, data protection and data privacy also top the list of litigation concerns in the year ahead amid the challenges posed by data management and AI.


    In episode two of our miniseries, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, are joined by the Canadian Co-Heads of Cybersecurity and data privacy at Norton Rose Fulbright: Imran Ahmad and John Cassell. Together, they dissect the nuances of cybersecurity, data privacy and emerging policies around AI as the dramatic growth of generative AI tools like ChatGPT outpaces existing legal frameworks. Now more than ever, organizations need to remain proactive in order to mitigate risks and take advantage of future opportunities.


    Download the full 2024 Annual Litigation Trends Survey at 2024 Annual Litigation Trends Survey.


    This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

    37 min
  • Revealing 2024’s top litigation trends

    What’s top of mind for litigation and disputes lawyers? Increased regulatory proceedings, rising class actions, and ever-growing concerns around ESG remain a priority for general counsel and in-house litigation leaders across Canada according to the Canadian findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey.


    So, what does this mean for the future of litigation in 2024?


    Our first episode of Undisputed, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, dive into the survey insights and how to prepare for the challenges ahead, with François-David Paré - Partner, Canadian National Chair, Litigation and Disputes.


    Download the full 2024 Annual Litigation Trends Survey at: 2024 Annual Litigation Trends Survey


    This episode is accredited 0.5 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

    33 min
  • Undisputed: Litigation Trends Explored - A miniseries from the makers of Disputed

    Our brand-new hosts Ted Brook, Partner, and Erin Brown, Senior Associate at Norton Rose Fulbright are excited to bring you a special four episode miniseries that unpacks the findings from our 2024 Annual Litigation Trends Survey.


    Undisputed: Litigation Trends Explored will share valuable insights around trending topics like ESG, cybersecurity, regulatory investigations and more, through candid conversations with subject matter experts and industry leaders.


    Subscribe now to learn what’s impacting the legal landscape, and stay tuned for more episodes of Disputed, returning in Spring 2024.


    Download the full 2024 Annual Litigation Trends Survey at litigationtrends.com.

    2 min
  • UK anti-corruption developments and their extraterritorial reach

    When will a company be held responsible if its employees are involved in wrongdoing? Are all companies measured by the same degree of accountability? And how is anti-corruption legislation applied when multiple jurisdictions are involved?



    The UK is strengthening its anti-corruption legislation, making significant changes that will introduce a statutory test for corporate criminal liability, introducing a new strict liability offence of failure to prevent fraud, and expanding the investigative powers of the UK’s Serious Fraud Office. In this episode, we explore what impact these significant changes will have on Canadian and other international businesses.



    Joining us for this special cross-border episode are Neil O’May and Naomi Miles.

    Neil

    is a partner who leads our corporate crime practice in London, and advises and defends some of the world's most prominent organizations and individuals in investigations and prosecutions involving international fraud, corruption and market abuse.

    Naomi

    is a senior associate in our London office, who focuses on complex multi-jurisdictional investigations, risk mitigation and compliance.



    Note: since recording, the UK Parliament has made the decision to drop the offence of failing to prevent money laundering. You can read more about that decision

    here

    .



    CPD credits: This episode is accredited 0.7 substantive hours in Ontario and 0.7 substantive hours in British Columbia.

    42 min
  • CEPA, chemical management and the “right” to a healthy environment | S3 EP7
    In June, the Canadian Environmental Protection Act (CEPA) was amended for the first time in over 20 years. The most publicized amendment was the recognition that every individual has a “right to a healthy environment.” But even more significant for industry will be the changes to assessment and management of toxic chemicals, prohibited substances, and expanded government information powers.

    This episode examines how CEPA works, why it took so long to pass the amendments, and what the changes mean for industry and individuals. How will they affect what substances are used in everyday products? Is this “right” to a healthy environment anything more than legislative greenwashing?

    Diana Weir joins co-hosts Ailsa Robertson and Ted Brook for this episode. Diana is of counsel with the firm and her practice focuses on environmental law. She provides legal and strategic advice on environmental matters concerning Ontario, federal, and municipal legislation, everything from permitting to compliance. Diana is also a litigator and has defended clients charged with environmental offences, and has prosecuted environmental litigation claims by property owners.

    CPD credits: This episode is accredited for one (1) substantive hour in Ontario and one (1) substantive hour in British Columbia.
    59 min
  • Pro bono publico in Canada | S3 EP6
    At its core, pro bono refers to lawyers’ broader duty to give back to communities, helping to bridge the gap in access to justice. There is no shortage of opportunity for lawyers to help people in need in this country, and that’s where the pro bono committee at Norton Rose Fulbright, led by Grace Pastine, KC, steps in. Grace is the firm’s Pro Bono Counsel (the role itself is a first of its kind in the country) and she joins us to share how she is developing the firm’s pro bono program and how she sources and evaluates requests for pro bono assistance.

    Ted Brook joins Andrew as a guest co-host for this episode. You may remember hearing Ted on the Prompt payment episode in S2. Ted is a senior associate in Toronto whose practice focuses on class actions, environmental litigation and complex commercial disputes. Ted is also involved in a number of pro bono projects, including a Charter challenge over the constitutionality of our first past the post voting system.

    Grace Pastine, KC, recently joined the firm to lead our Pro Bono Practice. Grace was the litigation director of the BC Civil Liberties Association where she was responsible for all matters involving prisoners’ rights, police abuse and medical assistance in dying. She also directed interventions in over 100 cases before the Supreme Court of Canada on human rights and civil liberty issues.

    CPD credits: This episode is accredited 0.67 professionalism hours in Ontario and 0.67 substantive hours in British Columbia.
    41 min
  • Influencers, advertising and social media | S3 EP5
    Influencer advertising on social media is one of the most pervasive and effective forms of marketing, but consumers are not always aware that an advertisement is being promoted as such. While the lines are blurred, both consumers and brands need to understand that these increasingly ubiquitous marketing tactics are coming under scrutiny by government regulators. Erin Brown and Vic Domen join us to share their perspectives on what regulators in Canada and the US are concerned with and the penalties for influencers who don’t disclose their brand connections, sharing best practices for both brands and influencers.

    Erin Brown is a senior associate in our Ottawa office whose practice focuses on a wide variety of regulatory issues, including competition, antitrust law, international trade, economic sanctions and export controls, as well as customs and procurement. Vic Domen is a partner in our Washington, DC, office, and is a government antitrust investigations and prosecutions lawyer. As a former enforcer, Vic has a unique perspective on the priorities of government agencies, as well as the challenges clients may encounter.

    CPD credits: This episode is accredited 0.85 substantive hours in Ontario and 0.83 substantive hours in British Columbia.
    51 min
  • Changes to the Canadian Competition Act | S3 EP4
    In June 2023, the Competition Bureau is set to start enforcing amendments to Canada’s Competition Act that were announced in June 2022. These amendments seek to protect competition in Canada’s labour market and pertain to no-poach and wage-fixing agreements, which will become illegal and subject to criminal penalties. These amendments could possibly mean big changes for Canadian companies and how they do business. Chris Hersh joins us to discuss the potential impacts in the Canadian labour market. As a partner in our Toronto office and head of our Canadian competition practice, Chris provides strategic counsel to clients on all aspects of competition law.

    CPD credits: This episode is accredited for 0.6 Substantive hours in Ontario and 0.6 Substantive hours in British Columbia.
    37 min

About Disputed

From the publisher's feed

Join hosts Ted Brook, Partner, and Erin Brown, Senior Associate, of Norton Rose Fulbright 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.

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