Canadian Lawyer InHouse

August/September 2020

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

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www.canadianlawyermag.com/inhouse 35 pre-pandemic landscape because you don't have the same ability to vet new third parties, and b) you have challenges because of the rapidity of demands that have occurred over the past few months in the supply chain/procurement space as companies have scrambled to procure goods from other means or other third parties when borders are shut or jurisdictions restrict the ability of suppliers to export the way they did pre-pandemic." While Fombonne's legal/compliance department has not revised internal protocols, an extra level of caution has been applied to due diligence to ensure that no steps are skipped. Kinross recently made some donations to communities in which it operates. In order to avoid several risks when interfacing with governmental entities, the gold mining company favours in-kind donations as opposed to cash. "A good way to mitigate risk with any kind of donation is to openly source goods instead of someone telling you where to procure the goods in order to avoid potential collusion and the risk of fraud. We try to ensure we don't get into dangerous territory," says Fombonne. An important part of Fombonne's role is training colleagues throughout the international company on anti-corruption. "It's going to be incumbent on all of us, including corporations like Kinross, to keep focusing on due diligence and keep asking the right questions and not cut any corners," says Fombonne. In one high-profile case, SNC-Lavalin made headlines in recent years for charges of fraud and corruption over its former business dealings in Libya. The construction giant pled guilty in December 2019 and will pay a $280-million fine. A former SNC-Lavalin executive was later sentenced to eight years in prison for fraud, corruption and proceeds of crime offences in connection with the scheme. Although such high-profile cases are unusual, business crime on a smaller scale will always be a rampant problem according to Léon Moubayed, a partner at Davies Ward Phillips & Vineberg LLP. "The history of white-collar crime shows us that, in every situation "From my perspective, working at a corporation and talking to in-house peers in corporations, we face risks in terms of procurement, and the risks have increased." Daniel Fombonne, Kinross Gold Corporation Workplace issues never sleep. That's why our 24 hour line is answered by a Sherrard Kuzz lawyer every hour of every day, even on holidays. Whatever the issue. Whatever the time. Our 24 hour line means our clients sleep well at night even if we sometimes don't. If you're an employer, we're the only call you need to make. sherrardkuzz.com | 416.603.0700 250 Yonge St #3300, Toronto, ON M5B 2L7 @sherrardkuzz 24 HOUR 416.420.0738 We never call it a day.

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