Canadian Lawyer InHouse

SEPTEMBER 2016 40 INHOUSE Woodhead, senior vice president, federal government and regulatory affairs) as well as members of Telus' litigation team ( Jac- lyn Leong, counsel, legal services, and Kate Sokolan, litigation paralegal, legal services). "We had to be particularly innovative in this case in relation to the settlement discus- sions we had with the bureau," says Dabb. "In my experience, there are two ways to man- aging our external counsel — one is where external counsel can largely run the fi le and we have just an oversight role. The other is to become more directly engaged in a particular litigation matter, working hand in hand with external counsel to resolve the litigation." In this case, Dabb says given the implica- tions for the Telus brand he decided to take a very direct role in negotiating terms of settlement with the bureau. From the beginning of the bureau's pro- ceeding, Dabb and the Telus team were focused on achieving an innovative path to resolution — including the implementation of creative protocols for managing the dis- covery process as well as the exploration of ideas for resolution that avoided civil fi nes and penalties. "With signifi cant foresight, leadership and diligent execution, Alan and the Telus team were able to manage an enormous dis- covery project and were able to fi nd a path to resolution through a creative settlement structure — and their innovative efforts are worthy of external recognition," says Chris Naudie, partner, litigation with Osler Hoskin & Harcourt LLP, who nominated Telus for the award. In particular, in defending this matter, Naudie says Dabb and the Telus team were able to demonstrate innovation in litigation management in three particular areas. EFFICIENT HANDLING OF DISCOVERY The complex case involved an enormous pool of documents. To meet the commis- sioner's document demands, roughly a mil- lion documents had to be collected, reviewed and screened — a process that had the poten- tial to be not only time consuming but ex- pensive. Dabb and the Telus team succeeded in controlling and managing these costs by leveraging their internal resources effective- ly and engaging an external service provider to screen the documents based on pertinent Telus team controls costs in competition bureau litigation By Jennifer Brown i sions we had with the bureau," says Dabb. "In my experience, there are two ways to man- g g ag agin i g our external counsel — one is where external a counsel can largely run the fi le and we have e ju j st an oversight role. The other is to become mor o e directly engaged in a particular litigation mat atter, working hand in hand with external counsel el to resolve the litigation." In this case, Dabb says given the implica- tions for the Telus brand he decided to take a very direct role in negotiating terms of settlement with the e bureau. From the beginning n of the bureau's pro- ceeding, Dabb and th t e Telus team were focused on achieving an innovative path to resolution — including the implementation of creative protocols for r managing the dis- covery process as well as th t e exploration of ideas for resolution that av avoided civil fi nes and penalties. "With signifi cant foresight, leadership and diligent execution, Alan and the Telus team were able to manage an en enormous dis- covery project and were able to fi nd a path to resolution through a creative ve settlement structure — and their innovative efforts are worthy of external recognition," says Chris Naudie, partner, litigation with Osler Hoskin & Harcourt LLP, who nominated Telus for the award. In particular, in defending this matter, Naudie says Dabb and the Telus us team were able to demonstrate innovation in litigation management in three particul ular areas. EFFICIENT HANDLING OF F DISCOVERY The complex case inv nvolved an enormous po p ol of document nts. s. To meet the commis- sioner's documen e t de d mands, roughly a mil- li l on doc ocuments had ad to be collected, reviewed and d sc scre r en ened ed — a pro rocess that had the poten- ti tial al to o be not ot onl n y time consuming but ex- pe pens nsiv ive. Dabb and the Telus team succeeded in controlling and managing these costs by leveraging their internal resources effective- ly and engaging an external service provider to screen the documents based on pertinent I t had the potential to be an extremely costly and damaging matter to Telus and its brand, but the internal team in the company's litigation de- partment tackled it with an innovative approach in a high-stakes claim involv- ing customers. In September 2012, following a protract- ed investigation, the Competition Bureau commenced an enforcement proceeding in the Ontario Superior Court against the three leading wireless companies in Canada — Rogers Communications Inc., Bell Can- ada and Telus Corporation — as well as the Canadian Wireless Telecommunications Association, under the deceptive marketing provisions of the Competition Act. The bureau alleged the defendants had permitted misleading representations to the public by facilitating access to "premium- rate digital content" marketed by third par- ties (such as ringtones, quizzes and trivia) that consumers "did not intend to purchase and for which they did not agree to pay." "This claim against Telus in some re- spects went to the heart of our 'cus- tomers fi rst' approach," says Alan Dabb, vice president, litigation, legal services. "It was also signifi cant in that the bureau was seeking signifi - cant claims against Telus in addition to an order that Telus refund its customers." The bureau's enforcement proceeding tested the limits of the responsibility of the wireless companies for statements made by independent third parties over their net- works, and it had potential broad implica- tions for the marketing of digital content in Canada. The stakes were high. In its statement of claim, the bureau sought the maximum civil penalties available under the Competition Act from the three companies — $10 million each — as well as full custom- er refunds and $1 million from the CWTA. Telus planned a vigorous defence and as- sembled a legal team that consisted of both internal resources and outside counsel. The Telus defence team was led by Dabb and included representatives of Telus' senior legal leadership (including Monique Mer- cier, chief legal offi cer, and Andrea Wood, senior vice president, legal services, Ted ly ly ly ly y e lv- CATEGORY: Litigation Management DEPARTMENT SIZE: Large COMPANY: Telus Alan Dabb, vice president, litigation, legal services, Telus.

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