Canadian Lawyer

October 2024

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 39 FRANCIS MEAGHER COMPANY: Mitsubishi HC Capital Canada TITLE: General counsel and VP legal JUSTINE GAUTHIER COMPANY: Mila TITLE: General counsel and head of AI governance One size doesn't fit all for artificial intelligence governance As artificial intelligence continues to reshape industries, managing its legal and ethical implications is crucial. For Justine Gauthier, general counsel and head of AI governance at Mila, the Montreal-based AI research institute, this responsibility is at the forefront of her role. "There are amazing opportunities and heavy challenges that come with the new tech," she tells Lexpert. Gauthier leads a multidisciplinary team that advises on various legal issues related to AI, including technology agreements, partnerships, and technology transfers. Mila's academic ties, particularly with the University of Montreal and McGill University, add another layer of complexity to their legal work. "A lot of our researchers are affiliated with universities," Gauthier explains, highlighting the collaborative nature of their AI development. AI governance at Mila has always been part of their foundation, even before it was formalized. "AI governance was always a part of our DNA," she emphasizes. The institute not only manages internal governance but also helps external organizations, both private and public, navigate the ethical challenges of AI. One such initiative is the Modifiable-type (M-type) open-source license, a project co-authored by Gauthier, which gives contributors the ability to modify or revoke their licenses in response to unforeseen issues like biases in AI models. "This is really a new mechanism we're proposing to the open-source community," she says. At Mila, addressing the ethical and social implications of AI is paramount. Responsible AI experts guide teams through impact assessments, ensuring ethical considerations are integrated into their projects. "For Mila, it's never been a nice-to-have or just a reputational issue. It's always been at the core of our DNA," Gauthier notes, underscoring Mila's commitment to fostering ethical AI in a rapidly evolving landscape. From litigation, legal tech, and mentoring, he helps shape the future of lending risk management With nearly four decades of legal experience, Francis Meagher, general counsel and VP legal of Mitsubishi HC Capital Canada, emphasizes the balance between risk management and creative problem-solving. Reflecting on his career, Meagher recalls his first bankruptcy case in 1984, which helped shape his approach to legal practice. "Sometimes we forget that not all issues are fundamental," he says. His vast experience in litigation and insurance law informs his pragmatic view on problem-solving. At Mitsubishi HC Capital Canada, Meagher mentors a young, dynamic team of 250 professionals, focusing on differentiating critical issues from less pressing concerns. "The mission is to mentor our team ... to emulate creativity," he explains. In the lending business, Meagher emphasizes that risk management requires a nuanced understanding of real issues: "Everything is possible, but not everything is a problem." Meagher recounts a transaction involving a major financial institution where the team spent months negotiating documentation, only to pivot and find a better partner. "The lesson is, if you concentrate on the process, you will get good results," he notes. He also highlights an experience with a bankrupt concrete supplier, demonstrating how careful analysis can uncover valuable opportunities: "Being an insolvent party is not necessarily worthless. Sometimes, if you dig enough, you find the soft spots." Despite his "old school" approach, Meagher recognizes the potential of legal technology. His team uses tools like Veriff and Flinks for fraud protection and data analysis. "Know your client is the first principle in lending," Meagher adds, underscoring the importance of these tools in managing risk. Meagher believes that focusing on process-driven solutions leads to success, a philosophy that has guided his long and diverse career: "If you concentrate on the process, you will get good results."

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