Canadian Lawyer InHouse

November/December 2015

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

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3 CANADIANLAWYERMAG.COM/INHOUSE NOVEMBER/DECEMBER 2015 www.canadianlawyermag.com/inhouse Director/Group Publisher: Karen Lorimer karen.lorimer@thomsonreuters.com Editor in Chief: Gail J. Cohen gail.cohen@thomsonreuters.com Editor: Jennifer Brown jen.brown@thomsonreuters.com Staff Writer: Yamri Taddese yamri.taddese@thomsonreuters.com Copy Editor: Patricia Cancilla Art Director: Steve Maver Account Co-ordinator: Sharlane Burgess Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (416) 649-8875 E-mail: kimberlee.pascoe@thomsonreuters.com Law Firms: Joseph Galea E-mail: joseph.galea@thomsonreuters.com Grace So Tel: (416) 609-5838 E-mail: grace.so@thomsonreuters.com Steffanie Munroe Tel: (416) 315-5879 E-mail: steffanie.munroe@thomsonreuters.com Canadian Lawyer InHouse is published 6 times a year by Thomson Reuters Canada Ltd., One Corporate Plaza 2075 Kennedy Rd., Toronto ON. M1T 3V4 (416) 298-5141. Fax : 416-649-7870 Web: www.canadianlawyermag.com/inhouse LinkedIn: www.goo.gl/9tytr Twitter: @CLInHouse Editorial advisory board: Sanjeev Dhawan, Hydro One Networks Inc.; Jonathan Lau, Alcohol and Gaming Commission of Ontario; Fernando Garcia, Nissan Canada; Lynn Korbak, Morneau Shepell: Joe Bradford, Bradford Professional Corp.; Dorothy Quann, Xerox Canada. 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 #40766500 ISSN 1921-9563 Copyright © 2015 H.S.T. Registration #R121349799 To subscribe or change addresses Call (416) 649-9585 Fax (416) 649-7870 or e-mail Keith Fulford at keith.fulford@thomsonreuters.com RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT One Corporate Plaza 2075 Kennedy Rd., Toronto ON. M1T 3V4 Indexed in the Canadian Periodical Index By Jennifer Brown Editor's Box SEND YOUR news AND story ideas TO jen.brown@thomsonreuters.com The broad shoulders of general counsel I f general counsel didn't already have enough on their plate, the pressure is really on to be the eyes and ears within an organization and be aware of everything that could possibly go wrong. On top of that, the challenge is to blow the whistle loud enough that the right people hear and allow action to be taken. In light of scandals at General Motors and other places where it has become apparent lawyers knew what was happening but were ignored, it's become a greater topic of conversation. In September, at an Association of Corporate Counsel event in Toronto, one of the more powerful panel discussions featured Deloitte LLP's Ken Fredeen telling attendees in blunt terms that their focus should be to get into the trenches, know what's going on, and be seen and heard across the company. Make yourself known, but don't get too cozy with any one group. Be the ethical and moral compass of the organization, he told them. As Cheryl Foy, general counsel at the University of Ontario Institute of Technology, noted in her presentation at that same conference, "It can be very lonely being a general counsel." The role requires a lot of integrity and courage. It's a hefty job description, especially in small departments where the main focus is handling daily legal matters, let alone sniffi ng out where problems may be festering and infecting the integrity of the organization. General counsel are also seeing their titles getting longer as risk management gets piled on their desks, all with an eye to making sure they keep tabs on areas where things can go so horribly wrong. As part of its reorganization in October, Twitter Inc. announced its general counsel would also serve as head of communications for the social media company. It may make a lot of sense for Twitter as the very nature of the company's platform can get it into countless legal tangles involving the media every day. Twitter GC Vijaya Gadde isn't the fi rst to take on the dual role — Nadia Petrolito, general counsel of L'Oreal Canada, has held the added role of chief communications offi cer for more than a year. It was the fi rst time legal and communications had been combined at the cosmetics giant even though the company is in 150 countries. The Paris head offi ce asked the Canadian team if it was perhaps a confl ict of interest. Petrolito acknowledged it could be seen that way, but if managed properly, it would benefi t the organization. Petrolito had been part of the crisis management team, so communications is an extension of that, she said. It "defi nitely makes you grow when you're looking at a different aspect of the business like that and you open your mind to different views and different ways of thinking about problems," she added. "I think as a GC we want to do everything, so we want to get our hands in everything, because we're dying to be part of the business." That would seem to be the prescription for successful in-house counsel these days — in the middle of everything but still fi ercely independent.

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