Canadian Lawyer InHouse

Feb/Mar 2013

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

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INHOUSE www.canadianlawyermag.com/inhouse Group Publisher: Karen Lorimer karen.lorimer@thomsonreuters.com Editorial Director: Gail J. Cohen gail.cohen@thomsonreuters.com Editor: Jennifer Brown jen.brown@thomsonreuters.com Staff Writer: Michael McKiernan michael.mckiernan@thomsonreuters.com Copy Editor: Mallory Hendry Art Director: Bill Hunter Account Co-ordinator: Catherine Giles Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (416) 649-8875 E-mail: kimberlee.pascoe@thomsonreuters.com Law Firms: Karen Lorimer Tel: (416) 649-9411 E-mail: karen.lorimer@thomsonreuters.com Grace So Tel: (416) 609-5838 E-mail: grace.so@thomsonreuters.com Sales Co-ordinator: Sandy Shutt Tel: (416) 649-8864 E-mail: sandra.shutt@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 group: www.goo.gl/9tytr Editorial advisory board: Sanjeev Dhawan, Hydro One Networks Inc.; Kari Horn, Alberta Securities Commission; Jonathan Lau, TVO; Janis Vanderburgh, York Region Rapid Transit Corp. 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 © 2013 H.S.T. Registration #R121349799 To subscribe or change addresses Call (416) 649-9926 Fax (416) 649-7870 or e-mail Ellen Alstein at ellen.alstein@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 E D I T O R ' s b o x By Jennifer Brown Has the diversity discussion lapsed? W hen we embarked on our View 2013 project (see page 18) I wondered how candid the in-house counsel we approached for the project would be with us about the challenges they face for the year ahead. We were asking them to share their thoughts on everything from regulatory challenges to dealing with external counsel in the months ahead as they take on more complicated issues. They were extremely forthcoming and thoughtful in their answers. It also proved to be a pretty fun exercise. These are in-house counsel at the top of their game. Anyone who thinks a lawyer who chooses to go in-house is taking the less taxing career route hasn't spent any time talking to in-house counsel like the six individuals profiled in this first issue of 2013. On a couple of matters, they were very candid in ways I didn't expect. For example, most acknowledged diversity is important to their respective organizations and they promote it in their own departments but do not pursue it as a requirement with their law firms when staffing files. In fact, in some cases it hadn't occurred to them to ask the question and a couple noted they might consider it in their next round of requests for proposals with law firms. Perhaps this was surprising because diversity is a key issue for groups like the Association of Corporate Counsel, Legal Leaders for Diversity, and Call to Action Canada. But beyond those groups, is the discussion happening? In most instances the chief legal officers we spoke with indicated they just want the best lawyer for the job, suggesting Canada's diverse workforce in large cities means most firms have a diverse roster of lawyers anyway. As Jane Fedoretz of CEDA International said, "I am a general counsel in a very male-dominated business — that to me is diversity. I need the work to get done; your race or ethnicity doesn't matter to me." Daniel Marion of Thales Canada said within the company diversity is essential and in his department it's extremely important because they do business all over the world and a diverse team aids in managing relationships when dealing with China, the Middle East, or Asia — that's diversity at work in its most practical form. But he says he doesn't see it as his role to push the law firms on the diversity agenda. Geoff Creighton of IGM Financial pointed out that for him, at least on the gender side, he has seen the divide narrow significantly over the last decade, especially with the in-house bar, with the law firms approaching a 60-40 ratio. So does this mean the diversity question has stalled somewhat, or that it's at the point where individuals feel the demographic at Canadian law firms has evolved to the point they don't need to push the agenda further? Contrast this with the views of Ernest Tuckett, our profile on page 43 of this issue, who has a decidedly different take that he brings with him from the U.S. where progress on diversity in law firms is tracked with greater focus by some inhouse counsel. It will be interesting to see if work from groups like Call to Action and Legal Leaders for Diversity will continue to have influence on Canada's inhouse counsel beyond the realm of their membership. IH Send your news and story ideas to jen.brown@thomsonreuters.com w w w. c a n a d i a n law y er m a g . c o m / i n h o u s E February 2013 • 3

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