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selves on the same measures that we will then evaluate them," he says. "We use a scale from one to five. Pretty much everyone gave themselves a four on their self reviews and ironically the only firms that gave themselves fives were the firms who did the worst on our internal rating, "We ask them to measure them- The internal reviews of the firms are not just completed by Target in-house " says Sjoding. lawyers. Paralegals, admin staff, and human resource partners also rate the firms. "We rate them on their manner with store managers and staff they may interact with. They may be great with me but are they an ass with my paralegal? If so I'm probably not going to work with them. The last thing I need is for someone I've hired to rep- resent my brand to be lousy elsewhere. 'bedside' " YOUR CONCISE REFERENCE TO DEFAMATION LAW AND PRACTICE IN CANADA NEW PUBLICATION CANADIAN DEFAMATION LAW AND PRACTICE RANDY PEPPER, DAVID MORRITT, RANDALL STEPHENSON AND JORDAN ROSS A highly practical and easy to use guide, Canadian Defamation Law and Practice outlines the law and provides a practice guide for lawyers advising on defamation issues and engaged in defamation actions. For those involved in the media, communications, and advertising fields, it will also assist in recognizing areas of concern and help to avoid publishing defamatory materials. FIND EXACTLY WHAT YOU NEED QUICKLY This resource provides a clear analysis of the law as well as helpful practice tips and precedents. Topics covered include: The plaintiff and defendant, media defendants, defences, remedies, litigating a defamation action, contempt, the charter, and more. A chapter devoted to defamation and the Internet covers the area including recent developments concerning: when Internet service providers are liable for defamation; when anonymous posters can be unmasked; what new defences are available to media defendants; when a foreign party can be sued for defamation in Canada; and when increased damages are available for defamation. INCLUDES: Extensive Case Law: Primarily Canadian, with references to U.K. and U.S. law Commentary: Up-to-date commentary on the law Legislation: Includes defamation statutes across Canada Practice Aids and Checklists: Most sections of the book conclude with practice tips Forms and Precedents: Includes sample defamation notices and pleadings ORDER # 804553 $175 1 volume looseleaf supplemented book March 2012 Supplements invoiced separately 978-0-88804-553-9 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order online at www.carswell.com CANADA LAW BOOK® also included in the overall scorecard of the firms Target deals with. "We make them give us a ton of Diversity and inclusion metrics are information on how they are bringing in diverse talent, retaining it and promot- ing it within their law firms," he says. "Companies like ours pushing law firms and holding them to account is the only way the law profession, at least in the States, is going to improve themselves on measures like diversity and gender. When Target begins opening stores " in Canada next spring, it won't just be bringing its much-anticipated retail savvy — its law department plans to roll out the same philosophy towards external firm management and alterna- tive billing arrangements it has with its external firms south of the border. "We're excited to bring the learnings consists of about 18 attorneys and 100 people total, including HR and opera- tional partners spread across the U.S. The retailer is working with three law firms The Target legal team in the U.S. " says Sjoding. external we've had in the States up here, and frankly the firms have been very open and willing to work with us and build a relationship, Sherrard Kuzz LLP in Toronto, Roper Greyell LLP in British Columbia, and Norton Rose Canada LLP as its national law firm. "We have already approached them in Canada — for fixed retainers. As a new company starting in Canada we have put upper limits on those and asked for one rate for advice everywhere in Canada except for Quebec, and also built out, in prepa- ration for litigation, negotiated blended rates per province with the one large law firm, along with fixed fee arrange- ments rights cases and employment standards claims and workers comp, the Toronto Association of Corporate Counsel Ontario chapter meeting in June. As Sjoding described the company's review process someone at the ACC meeting in Toronto remarked that sounded like a "going to the wood- shed" moment. Sjoding dismissed it as being anything particularly negative, it 40 • OCTOBER/NOVEMBER 2012 INHOUSE for employment and human " he said at