Litigation and Dispute Resolution

ACC-WI 2020 Virtual Annual Conference Programming Now ON-DEMAND!

Did you miss the ACC-WI Annual Conference? Need to grab a few more CLE Credits? We’ve got you covered.  The ACC-WI 2020 Virtual Annual Conference is now ON-DEMAND!  Access to 18-hours of CLE programming specifically designed for In-House Counsel and approved for CLE in WI for one low price.   Includes all downloadable presentation materials.

Commercial Litigation During a Pandemic: 

Best Practices for Remote Hearings and Corporate Representative Testimony and Depositions

Please join us for a discussion, targeted at helping corporate counsel choose the best dispute resolution mechanism for a contract, with former Chief Justice of the Supreme Court of Canada, the Right Honorable Beverley McLachlin, P.C., C.C., CStJ, FCIArb, former Supreme Court of Canada Justice the Honorable Thomas Cromwell, C.C., and arbitrator & mediator, Daniel Urbas, FCIArb, all now arbitrators and mediators.

The use of arbitration and mediation in Canada with respect to disputes about business disputes is growing. Our speakers will join advocate, arbitrator & mediator Peter Ruby, Goodmans LLP, to explore arbitration and mediation topics, including:

• In what situations is arbitration preferable to litigation
• When is mediation the right tool for the job
• What are the differences in approach of a judge, arbitrator and mediator
• Tips for drafting dispute resolution clauses
• Diversity and inclusion in arbitration and mediation

This session will be eligible toward 1 Hour of Substantive Content of the Law Society of Ontario's annual CPD requirement.

This event is free of charge and open to in-house counsel who are practicing lawyers who are current members of a provincial law society; however, you must RSVP to attend. Please RSVP by no later than Tuesday, October 27, 2020.

ACC Ontario reserves the right to review all registrations for eligibility. In-house counsel must be ACC members or meet ACC membership eligibility. Please click here for further details.

Note: Login details for the webinar will be sent by email in advance of the program.

Questions? Please email us.

Across the globe, contracting parties are experiencing performance-related concerns resulting from unprecedented orders to shelter-in-place, closures of non-essential businesses, global travel restrictions, and social distancing/isolation policies that have been implemented in response to the COVID-19 pandemic. As a result, parties may be reviewing their existing contracts, especially the force majeure provisions, to determine whether performance obligations can be modified or cancelled in light of COVID-19. This program will provide
an overview of force majeure provisions and how they may be utilized, as well as current force majeure litigation trends and cases to watch.

Register below.

AGENDA:

MON, Oct. 5 - 11:00 a.m. to 12:00 p.m. — Diversity in Trial Teams: It's 2020, and Expectations Have Changed (Baker & Hostetler LLP)

The need for greater diversity in our institutions has been at the forefront of public discourse recently. In addition to discussing why having diverse outside counsel is not just expected but also good for business, this presentation will focus on how in-house counsel can make the goal of creating diverse teams a reality. It will include practical tips for identifying diverse talent, developing a pipeline of diverse lawyers for future matters and ensuring teams provide meaningful opportunities to diverse lawyers. It will also focus on having diverse litigation teams all the way through trial and what that means for judges and juries.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

TUE, Oct. 6 -  10:00 a.m. to 11:00 a.m. — How To Limit the Possibility That Your Contract Ends Up Under the Litigation Microscope (Blank Rome LLP)

Most of the litigation companies deal with concern the default and interpretation of contracts. Is your company doing all it can to utilize contracts that are clear, unambitious, consistent, and up to date on case law and legal interpretations so as to avoid unnecessary claims and litigation disputes?  And with Covid-19 increasing online contracts, do your agreements have adequate protections for your company and are they enforceable.  Two senior Litigation partners from Blank Rome and the Chief Legal Officer from Public Health Management Corporation will walk you through some of these issues to help you reduce potential disputes and disrupting litigation, saving you time and costly headaches.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

WED, Oct. 7 - 12:00 p.m. to 1:00 p.m. — Out of the Shadows: Strategies for Addressing Common, But Seldom Discussed, Mass Tort Litigation Irritants (Reed Smith LLP)

Discovery abuse abounds in mass tort litigation.  We discuss two aspects that often fly under the radar.  Expert depositions are routine in high-stakes litigation, but the process is disrupted by exorbitant fee demands by opposing experts, often exceeding $1,000 per hour.  This session will teach how to resist and overcome such demands.  Third parties are also targets of discovery abuse in complex litigation, receiving extravagant document subpoenas, compliance with which would disrupt their document retention policies.  This session will also address how non-parties can quash or narrow such fishing expeditions. Third Party Payor litigation also follows mass tort litigation as night follows day, and we will discuss recent trends and developments.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

THU, Oct. 8 - 10:00 a.m to 11:00 a.m. — How to Avoid a 30(b)(6) Disaster: Smart Strategies for Witness Selection and Education (Obermayer Rebmann Maxwell & Hippel LLP)

During this presentation, we will discuss how to select the appropriate 30(b)(6) witness to best represent the entity at deposition and avoid consequences for failure to present and/or prepare a corporate representative.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

FRI, Oct. 9 - 10:00 a.m. - 11:00 a.m. — Who Can Bind the Company? Litigating Authority Issues (Hangley Aronchick Segal Pudlin & Schiller)

As businesses become larger and more decentralized, and as the use of senior-sounding employee titles becomes more prevalent (e.g., Senior Vice President; Managing Director), it is increasingly important to monitor how employees’ authority to act on behalf of the business is presented to third parties.  This presentation will provide an overview of the doctrines of (1) apparent authority of agents and (2) ratification of agents’ conduct.  It will then describe how businesses can minimize the risk that an agent without actual authority can bind the business, and it will detail litigation strategies on how to prevail on this fact-intensive issue before trial.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

Click the button below to preregister for this unique event!  Your registration entitles you to attend all sessions, or just one or two if that's what works for you!  One Zoom link will get you into all sessions, and will be provided to each registrant prior to the beginning of the Litigation Week.

AGENDA:

MON, Oct. 5 - 11:00 a.m. to 12:00 p.m. — Diversity in Trial Teams: It's 2020, and Expectations Have Changed (Baker & Hostetler LLP)

The need for greater diversity in our institutions has been at the forefront of public discourse recently. In addition to discussing why having diverse outside counsel is not just expected but also good for business, this presentation will focus on how in-house counsel can make the goal of creating diverse teams a reality. It will include practical tips for identifying diverse talent, developing a pipeline of diverse lawyers for future matters and ensuring teams provide meaningful opportunities to diverse lawyers. It will also focus on having diverse litigation teams all the way through trial and what that means for judges and juries.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

TUE, Oct. 6 -  10:00 a.m. to 11:00 a.m. — How To Limit the Possibility That Your Contract Ends Up Under the Litigation Microscope (Blank Rome LLP)

Most of the litigation companies deal with concern the default and interpretation of contracts. Is your company doing all it can to utilize contracts that are clear, unambitious, consistent, and up to date on case law and legal interpretations so as to avoid unnecessary claims and litigation disputes?  And with Covid-19 increasing online contracts, do your agreements have adequate protections for your company and are they enforceable.  Two senior Litigation partners from Blank Rome and the Chief Legal Officer from Public Health Management Corporation will walk you through some of these issues to help you reduce potential disputes and disrupting litigation, saving you time and costly headaches.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

WED, Oct. 7 - 12:00 p.m. to 1:00 p.m. — Out of the Shadows: Strategies for Addressing Common, But Seldom Discussed, Mass Tort Litigation Irritants (Reed Smith LLP)

Discovery abuse abounds in mass tort litigation.  We discuss two aspects that often fly under the radar.  Expert depositions are routine in high-stakes litigation, but the process is disrupted by exorbitant fee demands by opposing experts, often exceeding $1,000 per hour.  This session will teach how to resist and overcome such demands.  Third parties are also targets of discovery abuse in complex litigation, receiving extravagant document subpoenas, compliance with which would disrupt their document retention policies.  This session will also address how non-parties can quash or narrow such fishing expeditions. Third Party Payor litigation also follows mass tort litigation as night follows day, and we will discuss recent trends and developments.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

THU, Oct. 8 - 10:00 a.m to 11:00 a.m. — How to Avoid a 30(b)(6) Disaster: Smart Strategies for Witness Selection and Education (Obermayer Rebmann Maxwell & Hippel LLP)

During this presentation, we will discuss how to select the appropriate 30(b)(6) witness to best represent the entity at deposition and avoid consequences for failure to present and/or prepare a corporate representative.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

FRI, Oct. 9 - 10:00 a.m. - 11:00 a.m. — Who Can Bind the Company? Litigating Authority Issues (Hangley Aronchick Segal Pudlin & Schiller)

As businesses become larger and more decentralized, and as the use of senior-sounding employee titles becomes more prevalent (e.g., Senior Vice President; Managing Director), it is increasingly important to monitor how employees’ authority to act on behalf of the business is presented to third parties.  This presentation will provide an overview of the doctrines of (1) apparent authority of agents and (2) ratification of agents’ conduct.  It will then describe how businesses can minimize the risk that an agent without actual authority can bind the business, and it will detail litigation strategies on how to prevail on this fact-intensive issue before trial.

Follow this link to join the session - https://accinhouse.zoom.us/j/93420877195

Click the button below to preregister for this unique event!  Your registration entitles you to attend all sessions, or just one or two if that's what works for you!  One Zoom link will get you into all sessions, and will be provided to each registrant prior to the beginning of the Litigation Week.

The Securities Law Committee is hosting its seventh annual Securities Law Symposium! The Symposium is a half-day live webcast which allows attendees to hear directly from experts in the securities industry on a number of relevant topics and trends.

Co-Chairs:

Christopher Kozub, General Counsel, Greybrook Securities Inc.

Matthew Scott, Vice-President, Legal, CI Investments Inc.

Agenda (Click on RSVP site for more details):

12:00pm to 12:45pm - Introduction and Keynote Address: Staff Sergeant Raj Kler, NCO i/c, RCMP "O" Division Cybercrime Team and Corporal David Sutherland, Senior Investigator, RCMP "O" Division Cybercrime Team (Topic: Canada's national cybersecurity strategy and how to work with the RCMP if you detect a breach)

12:45pm to 1:45pm - Panel 1: Director and officer liability in the age of privacy

1:45pm to 2:45pm - Panel 2: Trends in securities litigation, including the effects of recent legislative developments

2:45pm to 3:45pm - Panel 3: The impact of the OSC's Regulatory Burden Reduction plan

This program qualifies for up to 3 hours of Substantive CPD Content.

This event is free of charge and open only to in-house counsel who are practicing lawyers who are current members of a provincial law society; however, you must RSVP to attend. Please RSVP by no later than Wednesday, September 30, 2020.

ACC Ontario reserves the right to review all registrations for eligibility. In-house counsel must be ACC members or meet ACC membership eligibility. Please click here for further details.

Note: Login details for the webinar will be sent by email in advance of the program.

Questions? Please email us.