Lexpert Special Editions

Special Edition on Corporate 2017

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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24 LEXPERT | 2017 | WWW.LEXPERT.CA Kravitz, Neil Fasken Martineau DuMoulin LLP (514) 397-7551 nkravitz@fasken.com Mr. Kravitz is a partner practising in M&A, Corporate Finance and Private Equity. A seasoned advisor and recognized leading lawyer, he acts for acquirers and targets, issuers, entrepreneurs, private-equity funds, investment banks, boards of directors and special committees in public and private M&A transactions, equity and debt financings, shareholder activism and corporate governance matters. King, Richard J. Osler, Hoskin & Harcourt LLP (416) 862-6626 rking@osler.com Mr. King is Co-Chair of Osler's national Regulatory, Environmental, Aboriginal and Land (REAL) group. He has extensive experience representing clients on regulatory and Aboriginal consultation matters related to large energy, mining and other infrastructure projects. He also advises clients on environmental issues associated with commercial transactions and environmental compliance matters. Kent, Andrew J.F. McMillan LLP (416) 865-7160 andrew.kent@mcmillan.ca Mr. Kent is the Co-Chair of the Financial Services and Restructuring groups. He practises business law with a focus on corporate restructuring and financing. He is recognized nationally and internationally both as a leading Canadian banking practitioner and as one of Canada's pre-eminent restructuring practitioners. Kennedy, Jennifer K. Norton Rose Fulbright Canada LLP (403) 267-8188 jennifer.kennedy@nortonrosefulbright.com Ms. Kennedy practises in the corporate area with an emphasis on initial public offerings, mergers and acquisitions, corporate reorganizations of public and private corporations, corporate financings, stock exchange listings, corporate governance practices and general corporate and securities law. Ms. Kennedy acts as a corporate secretary for a number of public and private issuers. Kelly, Stephen J. Norton Rose Fulbright Canada LLP (514) 847-4570 stephen.kelly@nortonrosefulbright.com Mr. Kelly practises corporate and securities law, with particular emphasis on corporate finance and mergers and acquisitions. He regularly acts for large public companies, underwriters and investors in public offerings, including initial public offerings, bought deal transactions and cross-border offerings as well as private placement transactions. Kellerman, Jay C. Stikeman Elliott LLP (416) 869-5201 jkellerman@stikeman.com Mr. Kellerman is Managing Partner of the Toronto office and Co-Head of the firm's Global Mining Group. As a corporate lawyer for more than 25 years, he is primarily involved in securities-related matters, including financings and M&A. His clients include public companies, Canadian securities dealers and independent committees involved in considering related party and other similar transactions. LEXPERT RANKED LAWYERS could be — even for boards that have term lim- its — a long-term relationship." Board members should bring not only functional skills, but also be able to contribute on a strategic level. "You want to be sure you're not just getting a specialist who will contribute in a very narrow way." When it comes to expanding the candidate pipeline, Kravitz says clients are looking beyond traditional networks. "ey're asking me, 'From a diversity perspective, can you identify potential board members? What are other companies do- ing? Do you know of strong directors on other boards we might want to have on our board?'" According to Kravitz, one of the challenges is to break away from the traditional approach and go outside the existing network of board members and management. For example, he says a com- mon board recruitment trend involves profes- sional search firms that are being used to expand the universe of qualified candidates, in addition to those that the company identifies on its own. "All of this is a process that builds on itself. As divers- ity increases on boards because of regulation and an increased focus by companies, you have more known candidates from a diverse background. Progress begets progress." Indeed, says Bradley, governance committees and board chairs need to appreciate there is a deep- er pool of talent out there. Sometimes it just means viewing the recruitment through a different lens. "e exercise of ensuring you have diversity on the candidate list may take some additional time and resources, but I think boards are pleasantly sur- prised with the results — there's a lot of talent out there. ey just needed to look for it." On that point, she continues, the board com- munity has taken on the issue of diversity in a more constructive way in the past few years. "When the 'comply or explain' regulations were first released, the diversity issue was an annoyance to many. Now, when talking to clients, it is automatically on the agenda and the conversation is about how to get access to that talent list — to 'comply' rather than what is the bare minimum I have to disclose to 'explain.'" First Board Experience A challenge for aspiring directors, says Gibson, is to get board experience. "As they say, the first step can be the most difficult." What he's noticed "is a trend among some of our leading clients, where they're looking at their women executives — in- cluding in-house counsel — who have leadership- position skills and allowing them to go on boards in other industries to be able to get experience." It's a win-win situation for all concerned, he says, as women serving on boards outside their own company gain a better perspective on inter- facing with their own board of directors, which

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