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Canadian employment and human rights laws and the regulatory environment are very different from those in the United States. Efforts to use or impose American forms of contract hiring and termination practices are often unenforceable or illegal in Canada.

Strategic alliances in various forms have long been a useful tool for entities looking to leverage the expertise, reputation, market position, capital or other resources of potential alliance partners. In the current economic climate, strategic alliances represent a potentially attractive alternative to acquisitions or capital-intensive initiatives or projects undertaken by a single entity. For those currently engaged in strategic alliances, however, the current economic circumstances may exacerbate issues with a failing alliance partner or a failing strategic alliance.

A principal goal in contract drafting should be avoiding the ambiguity that leads to conflict and litigation. In this session, you will consider real-life examples of disputes over ambiguous agreements, and get practical tips and solutions to avoid complications and litigation. Topics that will be addressed include settlement agreements, arbitration and dispute resolution clauses, intellectual property licenses, bankruptcy and ipso facto and insolvency clauses, and independent contractor and commission and bonus agreements.

With the steady increase of cross-national relationships in virtually every industry, it is inevitable that a domestic company, irrespective of size, will at some point face a cross-border bankruptcy matter. Consideration of this international component is critical for the in-house practitioner to effectively protect the client when structuring transactions. When the inevitable cross-border insolvency arises, a basic knowledge of the applicable rules will be equally critical to minimize the interruption to operations and potential loss of revenue.

With the increasing globalization of US business, the Foreign Corrupt Practices Act continues to be the foundation for how companies must transact international business. While the United States has had the FCPA in place since 1977, the international community has joined together and has begun focusing their attention on anti-bribery issues. This session intends to provide an overview of the FCPA, a look into what the international community is doing to further improve international business and will provide attendees with a list of hot topics and a game plan on how to address them.

If your company is doing business outside the United States, you need to attend this session to be brought up-to-date on all applicable privacy laws. Many global organizations have had to change the way they handle personal information and privacy issues. Personal data that used to be considered public and obvious has since become a sensitive issue, both from a legal and PR perspective, and applicable laws are now being enforced with more rigor.

North American businesses face unprecedented uncertainty and economic challenges. At the same time, we anticipate the Obama administration will appoint aggressive new officials to oversee the antitrust enforcement machinery of the United States in the Department of Justice and the Federal Trade Commission. Canada too, has proposed sweeping changes to its framework competition laws. This panel will highlight these changes, and provide a survival guide for legal counsel in companies seeking to navigate these changes in both countries during these challenging economic times.

This ACC Law Department Executive Leaders session included discussion of organizational structure, staffing and work allocation, outsourcing services, global considerations, and professional development.

Environmental laws for businesses in Ontario have changed and corporate officers and directors need to understand their personal and affirmative obligation to exercise due diligence to prevent environmental breaches. Offenses are punishable by fines, jail terms, or both, and officers and directors can be convicted for breaching this duty even if the company has not committed or been convicted of an offense under the Act. At the heart of this due diligence obligation is the requirement for an environmental management system.

The Pacific Rim includes many of the leading or emerging centers of trade including China, Japan, Taiwan, Australia and the United States. Our experienced international panel provided insight into trade in the Pacific Rim, with a focus on Australasian aspects, including an overview of recent developments in the region such as Free Trade Agreements and developments in competition laws.

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