Canadian Lawyer InHouse

Oct/Nov 2008

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

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COVERSTORY ARMSTRONG: In our case, for example, we have a very large site. We have a lot of contractors who come onto our site to do work for us in one area or an- other. We insist that every contractor who brings people onto our site abides by the Bruce Power values, in terms of the work that they perform. And that is written into our con- tractual language. MELENDY: I think law departments, too, are in a unique position where they are one of the few departments within a company that touch every area of the company. They are aware of the envi- ronmental issues, the supplier issues, the customer issues, the real estate is- sues, HR issues. When you are trying to roll out something like corporate social responsibility, which touches all areas of the company, I think the law depart- ment is in a really unique position to know what is going on and how it may impact all the various other stakeholders within the company. So, I think it gives us a very unique position. [ ON TIME MANAGEMENT AND THE BLACKBERRY ERA INHOUSE: OK, so you all seem to agree when Brian [Armstrong] had mentioned that in-house counsel are under enormous pressure. So, what are some of the biggest challenges you face? BADOUR: The biggest challenge we have is time management and reach. Since our opera- tion has gone global in a very short period of time, it is just devel- oping the types of re- sources and facilities we need to provide the legal services to our particular business, as it is now expand- ed around the world. So, it is keeping up with growth and trying to manage that. I think one of the reasons we have a hard time with pro bono work is really the fact that in-house departments are stretched, and it is not like with external counsel, where law firms can expand and con- tract more easily than we can. We have a tough time. And it is clear, certainly in our company, and I bet it is true for everybody, that we are just so stretched these days because of, not just the nature of the economy, it is just that business is getting ahead of us, and we play a lot of catch-up. ARMSTRONG: I agree with that, Terry. I was going to say my greatest challenge is just dealing with the volume of work. Our pattern over the last four or five years is we have been insourcing more and more, dealing with more and more high-level strategic issues on behalf of the company, and every day, every week, is an exercise in triage. And it is quite unlike what I was ac- customed to in private practice, but it is interesting and it is challenging. But, at the same time, it is difficult. Our law division is not planning on expanding over the next number of years. We are all under, I am sure, pressure in terms of holding head count down and holding costs down. So, it is an interesting and challenging and, albeit, difficult task. MELENDY: I would echo Terry's com- ments. I mean, for a company of our size, our department is extremely lean. And trying to keep on top of legislative requirements and legal developments in 15 different countries with 40,000 em- ployees, it is a challenge in and of itself. And we are living in the BlackBerry age, where everyone just expects answers and to be able to get you instantly. So, it is a real challenge to stay on top of these de- mands and to be available all the time and to be able to provide an answer almost in- stantaneously. KINASTOWSKI: I would echo that, as well. And I think, with the government, our salaries probably are somewhat lower than in other sectors. So, I think people come into the government with an ex- pectation that they will be working fewer hours, and they are quite shocked to find out that the challenges are very great. We live in a fish bowl, with the press monitor- ing every single move and second-guess- ing every decision, and we are working absolutely the same, if not greater, hours, with fewer resources, with fewer secretar- ies, fewer researchers, fewer everything, and they have to do it themselves. C ANADIAN Lawyer INHOUSE OC T OBER 2008 17 ] TODD MELENDY vice president, assistant general counsel, and chief compliance officer Celestica Inc TERRY BADOUR executive vice president, law and administration Fairmont Raffles Hotels International

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