Canadian Lawyer InHouse

February/March 2020

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

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www.canadianlawyermag.com/inhouse 41 Get a legal perspective on brand management Order # L7798-9196 $200* Softcover approx. 480 pages December 2019 978-0-7798-9196-2 *Price includes shipping and handling. Brand Management in Canadian Law, 5th Edition is the only publication in Canada that brings together the legal and business issues you need to understand when helping clients reach their business objectives through branding. New in this edition • A detailed review of Trademark Reform and commentary concerning the new sections that have been added to the Trademarks Act • Commentary concerning the changes made relating to geographical indications • A review of the additional amendments brought about by the Budget Implementation Act, 2018 No. 2 • A review of recent changes relating to branding on the internet, including the impact of the (%13PO8IPJTJOGPSNBUJPOBOEJO¿VFODFS marketing • Commentary concerning Madrid Protocol applications under the Trademarks Act • A complete update of relevant case law and practice directives since the previous edition • Commentary concerning the amendments to the Industrial Design Act, including international applications for industrial designs under the Hague Agreement • Commentary concerning the application of the Competition Act to representations on the Internet and social media sites New Edition Brand Management in Canadian Law, 5th Edition John S. McKeown © 2019 Thomson Reuters Canada Limited TR939132-NM Available risk-free for 45 days Online: store.thomsonreuters.ca or Call Toll-Free: +1 800 387 5164 In Toronto: 416 609 3800 "For large organizations, diversity would be top of mind; but for smaller organiza- tions, it may or may not be relevant, especially in regard to the relationship with external counsel," he says. For the fifth consecutive year, litigation is the top issue being sent to outside firms, with 77.37 per cent of respondents indicating they seek outside help for litigation matters. Employment and labour issues came in second at 62.77 per cent. Most firms don't have a lot of internal litigators, so seeking outside help is essential. "You need expertise for defending against litigation matters or having dispute resolution go the way the organization wants it to go," says O'Reilly. When Dow faced Nova Chemical in a litigation battle in 2018, for example, external help was needed to position Dow in the best possible footing. "Litigation is not something I'm comfortable with," says Nguyen. "In talking to fellow GCs, most of us come from a corporate, commercial or business background and we are not comfort- able with litigation. If it's not a core business item, it's better served by external counsel." Demone agrees that it is more difficult to predict issues that may arise and staff WHAT ARE THE KEY ISSUES IN YOUR LEGAL DEPARTMENT? Listed in order of importance 1 Risk management 2 Compliance/regulatory matters 3 Build in-house team/expertise and legal department management 4 Managing growth of company/ organization 5 Cost containment 6 Cybersecurity 7 Technology and business operating tools 8 Workplace issues including harassment or bullying

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