Canadian Lawyer InHouse

September/October 2019

Legal news and trends for Canadian in-house counsel and c-suite executives

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Page 2 of 47 3 EDITOR'S BOX "The solution saved the city millions and required an understanding of administrative law and good governance at the outset." Solutions coming from legal I n-house counsel are often pointing out the delicate balance they must strike between being solution oriented and being a legal advisor. Their legal training, and usually the first few years of their career, often involves pointing out why a certain course of action is riddled with risk. That can stand in stark contrast to the goals of their organization, whether it is growth, building technology or serving its members. For our 2019 Innovatio winners, though, those two goals are not in opposition but are complimentary. Whereas many innovators find themselves in trouble after ignoring risk — think Facebook's recent string of bad headlines on privacy protec- tion — the solutions developed by these in-house departments are often risk aware from the outset. BMO Financial Group, for example, developed an innovative initiative to protect vulnerable customers against financial abuse. Amendments in the law meant that the bank had more flexibility in how it could deal with cases of potential fraud, so the legal department was well positioned to identify a new opportunity for better customer service. Uber, which has had trouble with regulators in the past, worked collaboratively with Quebec tax authorities to execute tax compliance agreements for its drivers. McCarthy Tétrault, which helped Uber develop the solution, told us that, although companies may be uncomfortable reaching out to regulators, approaching them and keeping the lines of communication open is the best approach and one that finds a receptive audience. This need to engage with the regulator meant the legal department, and its external law firm, were uniquely positioned to lead on this project. Finally, for our Innovation of the Year award, the City of Toronto's legal department re- alized that when the city was given the ability to manage enforcement, modernizing the way tickets were handled made sense. The solution saved the city millions and required an understanding of administrative law and good governance at the outset. What all these projects have in common, along with all the Innovatio winners, is that the legal department led within its organization. Lawyers identified risk, but also oppor- tunity, and used their knowledge of the law and legal system to move their organization forward. A delicate, but ultimately successful, balancing act. Tim Wilbur, Editor-in-Chief Canadian Lawyer InHouse is published 6 times a year by HAB Press Limited. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under license by HAB Press Limited. CANADIAN LAWYER INHOUSE is a trademark of HAB Press Limited. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer InHouse disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #41261516 ISSN 0703-2129 ©2019 GST/HST Registration #703184911RT001 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 HAB Press Limited 20 Duncan St., 3rd Floor Toronto, Ontario M5H 3G8 tel: +1 416 644 8740 EDITORIAL INQUIRIES CIRCULATION/ADDRESS CHANGES/ SUBSCRIPTION INQUIRIES Keith Fulford tel: 416 649-9585 • fax: 416 649-7870 ADVERTISING INQUIRIES ISSUE 14.05 EDITORIAL Editor-in-Chief Tim Wilbur Writers Lucy Saddleton, Aidan Macnab, Carolyn Gruske, Gabrielle Giroday, Elizabeth Raymer Copy Editor Patricia Cancilla CONTRIBUTORS Catherine Biron, Abbas Kassam, John Sorensen, Barbara Symianick, Maya Weiss ART & PRODUCTION Art Director Brianna Freitag Lead, Media Production Coordinator Catherine Giles Global Production Manager Alicia Chin SALES & BUSINESS DEVELOPMENT Head of Sales Paul Burton Consultant, Strategy and Business Development Ivan Ivanovitch Account Executive Steffanie Munroe Senior Advertising Consultant Ritu Harjai CORPORATE President Tim Duce Events and Conference Manager Chris Davis Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil Global CEO Mike Shipley Global COO George Walmsley

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