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NOVEMBER/DECEMBER 201 1 • VOLUME 35, ISSUE 1 1 CONTENTSFeatures 32 The loan arrangers Litigation loans: are they a financing necessary for access to justice or simply a Wild West cash grab that end up hurting more than helping victims? 32 COVER: DOMINIC BUGATTO 40 Preparing for uncertainty 's annual corporate counsel survey shows keeping work in-house and budgets in line remain the top priorities as the economy keeps everyone guessing. 40 Legal reports Labour & Employment 47 Putting the 'strict' into restrictive covenants Employment lawyers are noticing a more vigorous application of the principles at all stages of the court process. Forensics & Criminal Law 51 It takes a team to uncover a fraud Forensic accountants, external counsel, and outside IT people are all necessary to conduct a bulletproof investigation. 51 Outsourcing? Get the facts. ® ntitled-2 1 Departments 7 Regional Wrap-Up A look at what's happening from coast to coast 24 Cross Examined Firm fi rst 27 Real Estate Getting insurers to the table 30 Tech Support Th ings to consider when using document review lawyers 27 8/4/11 10:53:52 AM Opinions 19 Banking on Corporate Walking the securities regulatory tightrope 21 Top Court Tales Expect a strong and growing law-and-order bias 54 Back Page Privacy commissioners stifl e innovation 54 Continuing a tradition of excellence www.CANADIAN Lawyermag.com N O VEMBER / D ECEMBER 2011 5 B y Mark C ar dw ell B y K e vin Marr on B B y A v a Chislin g C anadian L a wy er B y Jennif er Br o wn B y Neill Ma y B y Philip Sla yt on B y Jim Middlemiss y Der a J. Ne vin B y Judy v an Rhi jn B y Gr et chen Drummie