LEXPERT MAGAZINE
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JANUARY/FEBRUARY 2017 5
fortuna favet fortibus
JANUARY/FEBRUARY 2017
VOLUME 18 NO. 3
EDITOR-IN-CHIEF
Jean Cumming
EDITOR
David Dias
SENIOR EDITOR
Elizabeth Raymer
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Gena Smith
ART DIRECTOR
Brianna Freitag
COVER PHOTO
Greg Locke
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CARSWELL MEDIA
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LEXPERT.CA
Jean Cumming
Editor-in-Chief
EDITORIAL
The world needs more Canada
IN THIS ISSUE, we reflect on a number of Top Deals (p. 29) of 2016 (and Cases on p. 36).
Several of these Deals were outbound, that is to say, companies led by trailblazing leaders
expanded into other countries, very oen the US.
While this is exciting and prosperous for clients, as a byproduct, it potentially raises the
FOMO level for Canadian business lawyers: As one expressed it, Canadian law isn't very
exportable." Certainly, league tables show US-based or global law firms are steadily, in-
creasingly retained by Canadian companies as they go outbound. is makes sense for the
jurisdictionally specific work, but what about on deal leadership? Is there any reason why
Canadian firms cannot be involved in this respect?
is is an uphill prospect for external counsel, even when Canadian in-house counsel
and executives are in the driver's seat. So wherein lies the best chance for Canadian lawyers
to make it up that hill? It may be that if Canadian lawyers are integral to their clients'
strategies, they will be afforded the opportunity to join deal leadership teams outside the
country. is in turn requires considerable preparation by Canadian lawyers. To under-
stand your client's strategy domestically is obviously more manageable than it is to under-
stand their prospects, opportunities and challenges elsewhere. ere is another piece to the
preparation: Canadians in general may have a degree of deference that holds us back from
competing. If lawyers want deeper involvement on outbound deals, they would do well to
set that aside. Canadian law may not be very exportable but your clients are proving that
Canadian thinking and dealmaking acumen are exportable indeed.
