Lexpert Special Editions

Special Edition on Litigation 2016

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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WWW.LEXPERT.CA | 2016 | LEXPERT 27 Lowenstein, Larry P. Osler, Hoskin & Harcourt LLP (416) 862-6454 llowenstein@osler.com Mr. Lowenstein focuses on complex litigation, including corporate governance issues, class actions, securities regulatory matters, dealership disputes and environmental liability. Frequent conference presenter and editor of Corpo- rate Litigation. Lisus, Jonathan C. Lax O'Sullivan Lisus Gottlieb LLP (416) 598-7873 jlisus@counsel-toronto.com Mr. Lisus focuses on commercial disputes as trial and appellate counsel in courts across the country including the Supreme Court. He is a Fellow of the ACTL, IATL and a member of the Chief Justice of Ontario's Advisory Committee on Professionalism. Linder, QC, Peter T. Peacock Linder Halt & Mack LLP (403) 296-2282 plinder@plhlaw.ca Mr. Linder, QC, is a founding partner of Calgary's premier litigation boutique, Peacock Linder alt & Mack LLP. Recognized as one of the top 25 trial lawyers in Canada and Lawyer of the Year: Appellate Advocacy, with leading rankings from Chambers and Partners Canada, Benchmark, Lexpert, Best Lawyers and Who's Who Legal and peer rated for High Professional Achievement by Martindale-Hubbell. Lichty, Mark G. Blaney McMurtry LLP (416) 593-3961 mlichty@blaney.com A leader in Blaney McMurtry's Litigation & Advocacy practice, Mr. Lichty is a recognized expert and "go-to" counsel for insurance coverage and reinsur- ance matters. His practice focuses on commercial general liability and com- mercial property policies. He is regularly sought out by insurers, both nation- ally and internationally, for his experience with complex coverage claims. Leon, LSM, Jeffrey S. Bennett Jones LLP (416) 777-7472 leonj@bennettjones.com Mr. Leon, trial lawyer & co-head Bennett Jones's litigation department, pro- vides strategic advice & representation in business disputes before courts and in arbitrations: commercial, corporate, securities, product liability, pro- fessional negligence, class proceedings. Treasurer, ACTL; Fellow, IATL; Past President, Advocates' Society. Certified Specialist in Civil Litigation, LSUC. Lenz, QC, Kenneth T. Bennett Jones LLP (403) 298-3317 lenzk@bennettjones.com Mr. Lenz is the co-head of the firm's litigation department and has significant experience in special situations involving corporate and shareholder dis- putes, class proceedings, claims against directors and officers, and manag- ing corporate reorganization and the realization of assets. He is also widely recognized as an expert in corporate insolvency issues. LEXPERT-RANKED LAWYERS beginning, you may be further behind when you consider your legal fees and internal costs of the litigation over several years. "Your deci- sion, with the help of your lawyers, has to make good business sense whatever the legal merits of your position." Designate an internal manager. One of the best ways to manage the cost of litigation is to have the client do as much work as they can, says Bill Kenny, a litigator and partner in the Edmon- ton and Calgary offices of Miller omson LLP. Most clients are sophisticated; they have the capability, says Kenny, to designate an internal project manager — and that person "basically owns the litigation from the client side." Kenny says the lead person on the client side has access to all the documents that are produced and, fur- ther, knows the company's internal systems bet- ter than external counsel. "So when there are un- dertakings that are given in the discovery, the ex- ternal lawyer doesn't have to try and dig out the information one nugget at a time." is kind of scenario, he adds, makes the litigation a lot more cost effective, and has the potential to reduce the number of external lawyers involved in the file. Internalize reporting. Laurent Nahmiash, a senior partner and co-chair of the Canadian class action group at Dentons Canada LLP, feels one of the most useful steps he's undertaken, with certain clients, is getting their legal departments more involved in the file. One area that can be very cost-intensive is the reporting structure to management and the board, especially when you're dealing with high- end litigation. "So having the reporting function done at a high hourly rate by external counsel can become very significant over the life of the file," he says. In contrast, "if you get your legal coun- sel actively involved and they assume the report- ing function, you are already saving a significant budgetary item." At the same time, by having your legal depart- ment play a significant role in the litigation, says Nahmiash, you're working as partners from the start to the finish of the file. He's had some files where the in-house counsel undertakes docu- ment review and some research. In turn, the law firm "focuses on the key strategic and specialty areas of the file — the areas for which the client wants to pay the law firm." He suggests if clients "identify the areas that can be delegated to the in-house law department

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