Legal news and trends for Canadian in-house counsel and c-suite executives
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"From the perspective of offshore outsourcing, it's a much bigger risk because the personnel in those countries, their standard of living is much lower than ours, and they may be able to gain much more by disclosing and breaching contracts and not suffer the same repercussions as they would here." — LISA ABE, FASKEN MARTINEAU DUMOULIN LLP perhaps the most likely candidates to pilfer data, says Cherni- ak. It was an employee at Coca-Cola who stood trial in 2006 on charges she stole trade secrets from the company — secrets she'd hoped to sell to PepsiCo. In the case of Air Canada, it was a former employee who'd facilitated regular access to the airline's database by a WestJet executive. Accordingly, Cherniak says it is imperative for in-house counsel to exercise diligence to protect the company, particu- larly when employees leave. "Once an employee becomes an ex- employee, you've got to ensure that under no circumstances — unless they're a very trusted person, but you never know — they have access to information. They've got to be cut off." That means everything from access cards to laptops to Black- Berrys have to be confiscated from a departing employee at the earliest opportunity, he says. To effectively implement such measures, counsel should work closely with the IT department. Contractual provisions at the outset of an employee's hiring should also be standard fare at the workplace. "In employee contracts, especially for employees who have McEwan J.•Commercial Arbitration in Canada-A Guide to Domestic and International Arbitrations 4/22/08 2:23 PM access to sensitive information, it would be a good thing to have clauses of confidentiality both during the employment and in the event of termination," Cherniak says. "Not every company thinks of that, but you then have a contractual obligation to maintain confidence during and after employment." T his book addresses both the statutory and common law context within which international and domestic arbitrations are conducted in Canada. In addition, it considers issues arising from the interrelationship of arbitral proceedings with the courts, including the enforceability, severability, and scope of arbitration clauses, as well as the availability of stays of proceedings and rights of appeal. Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations also considers both procedural and substantive issues arising in the conduct of arbitral proceedings including available rules of procedure and the enforcement of awards. Looking for perspective? This invaluable looseleaf service summarizes the historical background to arbitration as a form of dispute resolution, as well as the evolution of public policy promoting arbitral autonomy. Both statute and common law of all Canadian jurisdictions are covered. Benefit from: • discussion regarding why one might go to arbitration • discussion of stays of litigation, appeals and enforcement awards • case summaries • advice on drafting an agreement to go to arbitration, procedure and termination, jurisdiction and authority Order your copy today! Looseleaf & binder • $197 • Supplements invoiced separately (1-2/yr) P/C 0120030000 • ISBN 0-88804-395-3 For a 30-day, no-risk evaluation call: 1 800 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. CL0608 C ANADIAN Lawyer INHOUSE JUNE 2008 13