Canadian Lawyer InHouse

December/January 2022

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

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Page 2 of 35 1 EDITOR'S DESK When we rely on tools with no friction, though, there are risks that we confuse convenience with effectiveness. Physical distance still matters O ne of the lasting impacts of the pandemic will likely be how we use technology to overcome distance. While most of us are keen to return to in-person inter- actions, and the instantaneousness of email predates the pandemic, COVID has made physical proximity seem almost irrelevant. When we rely on tools with no friction, though, there are risks that we confuse convenience with effectiveness. Yonni Fushman at Aecon Group and his team worked almost entirely remotely during the pandemic crisis. "The person you're looking for is just one click away, rather than having to walk around the office asking if anyone has seen them," he says (p. 8). "But that also means everything has become more transactional because you're mostly just talking to the people you need to talk to about some specific task." For Fushman, that has meant ensuring his team engages in more meaningful ways, like social gatherings. The conveniences of digital communication have also dramatically impacted the external parts of running a business. "There are very few examples where deals can't get done because of the pandemic," Karrin Powys-Lybbe at Torys LLP says (p. 22). "It's really quite remark- able how well companies and the market have adapted." Companies rapidly evolved to a climate of virtual meetings and e-signatures to allow deals to continue during lockdowns and travel restrictions. While these conveniences have removed barriers to cross-border business, local customs and laws still matter. "Too often, companies engage in buying businesses in a different jurisdiction without really thinking about their tax position and how funds are going to flow, so structuring a transaction is really helpful," says Mark Redinger at Dickinson Wright LLP. Jurisdictional concerns can also add complexity to the procurement of technology. In-house counsel may face challenges in creating compliant contracts, so a keen understanding of the digital platform and local law is necessary. "Technology is a funny thing because it often makes our lives a lot easier, and it makes business a lot easier," says Robert Percival at Blake Cassels & Graydon LLP (p. 26) "but it's complex and figuring out what's going on and asking the right questions is part of the challenge." While technology has helped us overcome distances, in-house departments are still there to ensure we ask the right questions when we do. Tim Wilbur, Editor-in-Chief EDITORIAL Editor-in-Chief Tim Wilbur Lead Writer Lucy Saddleton Production Editor Josh Lewis Writers Elizabeth Raymer, Zena Olijnyk, Aidan Macnab, Bernise Carolino CONTRIBUTOR Ken Fredeen, Cheryl Foy ART & PRODUCTION Art Director Marla Morelos Designer Ace Dequina Customer Success Coordinator Cristina Tamolang Global Production Manager Alicia Chin Production Co-ordinators Kat Guzman, Loiza Razon SALES & BUSINESS DEVELOPMENT VP, Media & Client Strategy Dane Taylor Senior Business Development Manager Steffanie Munroe Business Development Manager Lynda Fenton National Account Executive Abhiram Prabhu 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 EDITORIAL INQUIRIES SUBSCRIPTIONS CO-ORDINATOR Donnabel Reyes tel: 647 374 4536 ext. 243 ADVERTISING INQUIRIES Canadian Lawyer InHouse is published 6 times a year by Key Media Canada (Law) Ltd. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under licence by Key Media Canada (Law) Ltd. CANADIAN LAWYER INHOUSE is a trademark of Key Media Canada (Law) Ltd. 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 ©2021 GST/HST Registration #799898465 RC-0001 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 317 Adelaide Street West, Suite 910, Toronto, ON M5V 1P9 Key Media Canada (Law) Ltd 317 Adelaide Street West, Suite 910 Toronto, ON M5V 1P9 tel: +1 416 644 8740 ISSUE 16.06 | DECEMBER/JANUARY 2022

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