Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50887
priorities of the organization, so we've really got strong buy in from the top," Oviatt says. One diffi culty with developing an ERM team is that mem- bers aren't necessarily compensated to take time out of their day for committee meetings. How do you avoid the meetings and themes from becoming stale? John Page, general counsel at Golden State Foods Corp., one of the largest diversifi ed suppliers to the food-service industry, servicing more than 20,000 restaurants worldwide, says, "I think you have to build in some regularity: give them a schedule; give them a date." The role of the lawyer Linda Cutler is vice president and deputy general counsel at Cargill Inc., an international provider of food, agricultural, and risk-management products and services. "We are committed to using our knowledge and experience to collaborate with cus- tomers to help them succeed," she says. She says Cargill believes it can mitigate risk better and the company will have fewer problems if the lawyers are closer to the business and understand business issues better. "We also think too many clients think lawyers say no too much and don't offer solutions or alternatives," she says. "What Berger_ELTYIR 2/20/08 9:01 AM Page 1 we really are saying here is think before you say no, and also don't say no if it's merely something you think is a bad idea. "There isn't always a right answer," she explains. "We want people to take risks; we want them to be innovative." Brad Puryear, general counsel of Mansfi eld Oil Co. in Gaines- ville, Ga., is the entire legal department at his company and knows all too well about proving himself to the board execu- tives as more than being just the guy who predicts doom and gloom. "I think the more that any of us can go in and show an in- depth understanding of the business of the company — and showing I'm able to try to help the business grow — I think, gives me more political capital to go in and say 'Hey, here's a risk I think we need to address.' It gets heard," he says. Do it yourself? There are many consultants across North America who would be more than happy to do this work for your company. The question is, who is best equipped to identify the risks associated with your company? Page of Golden State Foods says: "I think you take the fi rst shot. I think you take the fi rst approach with your team and you have to tell them what your business is be- fore you invite them in." IH Stanley D. Berger and Dianne Saxe With contributions by: Paul Crowley, Charles Kazaz, Ramani Nadarajah, Kirk Lambrecht, Jessica Clogg, Meinhard Doelle, Dennis Mahony, Rangi Jeerakathil and Clayton Leonard Over the past year, our courts, tribunals and legislatures offered much to think about in the fast-moving areas of climate change, energy, aboriginal rights and water. In procedural terms, class actions and civil penalties continue to grow in importance, as does the rule of international law. This collection of insightful and timely articles, written by leading environmental law practitioners from across Canada, will keep you informed on how these new developments in the law will affect your practice and your clients now and in the future. Articles include: A Shift in the Legal Climate:The Emergence of Climate Change as a Dominant Legal Issue Across Canada by Meinhard Doelle and Dennis Mahony Environmental Law Developments in Nuclear Energy by Stanley D. Berger Inuit Defend Their Human Rights Against Climate Change by Paul Crowley Environmental Deregulation and the Crown's Constitutional Obligations to First Nations by Jessica Clogg Environmental Assessment and Aboriginal Consultation:One Sovereignty or Two Solitudes? by Kirk Lambrecht Watered Down: Issues Surrounding Water Use, Legislation and Policy in Southern Alberta by Rangi Jeerakathil and Clayton Leonard Environmental Penalties:New Enforcement Tool or the Demise of Environmental Prosecutions? by Ramani Nadarajah Class Action Update by Dianne Saxe The Precautionary Principle: Six Years after Spraytech,What Does It Mean? by Charles Kazaz www.canadalawbook.ca C ANADIAN Lawyer INHOUSE APRIL 2008 9