Disputed

As regulatory requirements around climate and other Environmental Social and Governance (ESG) disclosures take shape and anti-ESG sentiment grows, organizations are increasingly finding themselves navigating a complex risk landscape.From our survey:• Issues surrounding board governance, executive compensation, conflict of interest and proxy battles have been flagged by 50% of Canadian survey respondents as something to pay attention to in 2024• One in 10 respondents experienced ESG-related litigation last year (compared to just two percent in 2022) – a development we anticipated in our 2023 report.• 38% of organizations are also concerned about future ESG class actions as issues such as greenwashing, diversity policies and regulatory compliance go under the microscope.In episode three of our miniseries, hosts Ted Brook and Erin Brown draw on the expertise of Alison Babbitt, Partner, Canadian Co-Head of Responsible Business and Sustainability, and Heidi Reinhart, Partner. Together, they explore the discourse around ESG litigation risk as new regulations and policies come to the forefront. We’ll learn how various industries are impacted and why a strong base of corporate governance, transparency, and consistency can set businesses up for success.Download the full Litigation Trends Survey at 2024 Annual Litigation Trends Survey.This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

Our digital world is creating more data than ever before.And according to findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey, as data volumes grow exponentially, so do cybersecurity and data privacy concerns.From our survey:• 40% of organizations saw their cybersecurity dispute exposure grow in 2023 – more than any other area – as cyberattacks reached record levels and the patchwork of data protection regulations grew in complexity.• Cybersecurity, data protection and data privacy also top the list of litigation concerns in the year ahead amid the challenges posed by data management and AI.In episode two of our miniseries, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, are joined by the Canadian Co-Heads of Cybersecurity and data privacy at Norton Rose Fulbright: Imran Ahmad and John Cassell. Together, they dissect the nuances of cybersecurity, data privacy and emerging policies around AI as the dramatic growth of generative AI tools like ChatGPT outpaces existing legal frameworks. Now more than ever, organizations need to remain proactive in order to mitigate risks and take advantage of future opportunities.Download the full 2024 Annual Litigation Trends Survey at 2024 Annual Litigation Trends Survey.This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

What’s top of mind for litigation and disputes lawyers? Increased regulatory proceedings, rising class actions, and ever-growing concerns around ESG remain a priority for general counsel and in-house litigation leaders across Canada according to the Canadian findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey.So, what does this mean for the future of litigation in 2024?Our first episode of Undisputed, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, dive into the survey insights and how to prepare for the challenges ahead, with François-David Paré - Partner, Canadian National Chair, Litigation and Disputes.Download the full 2024 Annual Litigation Trends Survey at: 2024 Annual Litigation Trends SurveyThis episode is accredited 0.5 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

Our brand-new hosts Ted Brook, Partner, and Erin Brown, Senior Associate at Norton Rose Fulbright are excited to bring you a special four episode miniseries that unpacks the findings from our 2024 Annual Litigation Trends Survey.Undisputed: Litigation Trends Explored will share valuable insights around trending topics like ESG, cybersecurity, regulatory investigations and more, through candid conversations with subject matter experts and industry leaders.Subscribe now to learn what’s impacting the legal landscape, and stay tuned for more episodes of Disputed, returning in Spring 2024.Download the full 2024 Annual Litigation Trends Survey at litigationtrends.com.

When will a company be held responsible if its employees are involved in wrongdoing? Are all companies measured by the same degree of accountability? And how is anti-corruption legislation applied when multiple jurisdictions are involved?The UK is strengthening its anti-corruption legislation, making significant changes that will introduce a statutory test for corporate criminal liability, introducing a new strict liability offence of failure to prevent fraud, and expanding the investigative powers of the UK’s Serious Fraud Office. In this episode, we explore what impact these significant changes will have on Canadian and other international businesses.Joining us for this special cross-border episode are Neil O’May and Naomi Miles. Neil is a partner who leads our corporate crime practice in London, and advises and defends some of the world's most prominent organizations and individuals in investigations and prosecutions involving international fraud, corruption and market abuse. Naomi is a senior associate in our London office, who focuses on complex multi-jurisdictional investigations, risk mitigation and compliance.Note: since recording, the UK Parliament has made the decision to drop the offence of failing to prevent money laundering. You can read more about that decision here.CPD credits: This episode is accredited 0.7 substantive hours in Ontario and 0.7 substantive hours in British Columbia.

In June, the Canadian Environmental Protection Act (CEPA) was amended for the first time in over 20 years. The most publicized amendment was the recognition that every individual has a “right to a healthy environment.” But even more significant for industry will be the changes to assessment and management of toxic chemicals, prohibited substances, and expanded government information powers.This episode examines how CEPA works, why it took so long to pass the amendments, and what the changes mean for industry and individuals. How will they affect what substances are used in everyday products? Is this “right” to a healthy environment anything more than legislative greenwashing?Diana Weir joins co-hosts Ailsa Robertson and Ted Brook for this episode. Diana is of counsel with the firm and her practice focuses on environmental law. She provides legal and strategic advice on environmental matters concerning Ontario, federal, and municipal legislation, everything from permitting to compliance. Diana is also a litigator and has defended clients charged with environmental offences, and has prosecuted environmental litigation claims by property owners.CPD credits: This episode is accredited for one (1) substantive hour in Ontario and one (1) substantive hour in British Columbia.

At its core, pro bono refers to lawyers’ broader duty to give back to communities, helping to bridge the gap in access to justice. There is no shortage of opportunity for lawyers to help people in need in this country, and that’s where the pro bono committee at Norton Rose Fulbright, led by Grace Pastine, KC, steps in. Grace is the firm’s Pro Bono Counsel (the role itself is a first of its kind in the country) and she joins us to share how she is developing the firm’s pro bono program and how she sources and evaluates requests for pro bono assistance.Ted Brook joins Andrew as a guest co-host for this episode. You may remember hearing Ted on the Prompt payment episode in S2. Ted is a senior associate in Toronto whose practice focuses on class actions, environmental litigation and complex commercial disputes. Ted is also involved in a number of pro bono projects, including a Charter challenge over the constitutionality of our first past the post voting system.Grace Pastine, KC, recently joined the firm to lead our Pro Bono Practice. Grace was the litigation director of the BC Civil Liberties Association where she was responsible for all matters involving prisoners’ rights, police abuse and medical assistance in dying. She also directed interventions in over 100 cases before the Supreme Court of Canada on human rights and civil liberty issues.CPD credits: This episode is accredited 0.67 professionalism hours in Ontario and 0.67 substantive hours in British Columbia.

Influencer advertising on social media is one of the most pervasive and effective forms of marketing, but consumers are not always aware that an advertisement is being promoted as such. While the lines are blurred, both consumers and brands need to understand that these increasingly ubiquitous marketing tactics are coming under scrutiny by government regulators. Erin Brown and Vic Domen join us to share their perspectives on what regulators in Canada and the US are concerned with and the penalties for influencers who don’t disclose their brand connections, sharing best practices for both brands and influencers.Erin Brown is a senior associate in our Ottawa office whose practice focuses on a wide variety of regulatory issues, including competition, antitrust law, international trade, economic sanctions and export controls, as well as customs and procurement. Vic Domen is a partner in our Washington, DC, office, and is a government antitrust investigations and prosecutions lawyer. As a former enforcer, Vic has a unique perspective on the priorities of government agencies, as well as the challenges clients may encounter.CPD credits: This episode is accredited 0.85 substantive hours in Ontario and 0.83 substantive hours in British Columbia.

In June 2023, the Competition Bureau is set to start enforcing amendments to Canada’s Competition Act that were announced in June 2022. These amendments seek to protect competition in Canada’s labour market and pertain to no-poach and wage-fixing agreements, which will become illegal and subject to criminal penalties. These amendments could possibly mean big changes for Canadian companies and how they do business. Chris Hersh joins us to discuss the potential impacts in the Canadian labour market. As a partner in our Toronto office and head of our Canadian competition practice, Chris provides strategic counsel to clients on all aspects of competition law.CPD credits: This episode is accredited for 0.6 Substantive hours in Ontario and 0.6 Substantive hours in British Columbia.

Sanctions compliance is increasingly complex: events in the past 12 months have triggered rapid developments in sanctions regimes in Canada and across the globe. When there is little guidance from Global Affairs Canada (GAC), how can businesses navigate the patchwork of statutes and regulations? What should Canadians do if a counterparty becomes the subject of economic sanctions? And how can you reduce your sanctions risk profile?In this episode, we are joined by Stephen Nattrass and welcome back Alison FitzGerald who share their insights on what all these changes mean for Canadians. Stephen is a partner in our Ottawa office and head of the regulations and investigations team in Canada. Stephen’s practice focuses on a variety of international trade, regulatory and economic sanctions matters. Alison is a partner in our Ottawa office whose practice focuses on international trade, investment and international arbitration.CPD credits: This episode is accredited for 0.5 Substantive hours in Ontario and 0.5 Substantive hours in British Columbia.

We surveyed 437 in-house counsel across Canada and the US on their 2022 disputes experiences and expectations for 2023. The results? Greater regulatory scrutiny, increased hacker sophistication and a spotlight on employment and labour issues as workers return to the office in this post-COVID world, along with some interesting differences between Canada and the US. Joining us to share their insights are Jennifer Teskey and Sandeep Savla. Jennifer, based in Toronto, is our national chair of litigation and disputes, and Canadian head of financial institutions. Sandeep, based in New York, is the co-head of regulatory, investigations, securities and compliance in our US firm.CPD credits: This episode is accredited for 0.68 Substantive hours in Ontario and 0.68 Substantive hours in British Columbia.

Season 3 of Disputed starts with a look at Canada’s remediation agreement regime. In 2022, Canada saw its first court-approved remediation agreement under the “new” 2018 Criminal Code provisions – R c. SNC-Lavalin. Our guests, François Fontaine and Charles-Antoine Peladeau, negotiated that agreement and give us their insight into the practicalities of navigating this regime: what are the options for companies who suspect financial misconduct? How similar is Canada’s regime to the UK and US deferred prosecution systems? And with the RCMP now publicly encouraging companies to self-disclose, will we see more invitations to negotiate? François Fontaine is a senior litigation partner in our Montréal office who advises on cases involving corruption, corporate misconduct and white collar crime. Charles-Antoine Péladeau is of counsel in our Montréal office. His litigation practice involves internal investigations and advising clients on compliance. This episode is accredited for 0.75 Substantive hours in Ontario and 0.75 Substantive hours in British Columbia.

Have you noticed terms such as “the great resignation” and “quiet quitting” being thrown around in the last year or two? As employers look to recruit and retain talent, the conversation seems to have changed, with these concepts at the forefront and employers wondering about their obligations to provide work-life balance, offer flexibility and pour time and resources into creating a positive and supportive culture. Joining us for this special episode to discuss these issues are Amy Binder, engagement strategy and culture director in our Calgary office, and Jeff Landmann, an employment and labour partner in our Calgary office. Amy is responsible for leading our national workplace engagement strategy and you may remember Jeff from our “Return” to work episode earlier this season.This episode qualifies for 40 minutes of Professionalism credit in Ontario and 40 minutes of Practice Management credit in British Columbia.

Battle of the experts: whether it’s between engineers advising on a pipeline’s propensity to crack or economists calculating the cost of a failed merger, experts have a vital role in helping the court understand technical issues to reach a fair and reasoned decision. But how do you pick the right expert for the case? How and when should you work with them? What makes expert evidence inadmissible? To answer these questions, we welcome Dan Daniele and Justine Smith from our Toronto office. Dan is a partner who practises in all areas of intellectual property, with specific experience in pharmaceutical patent litigation. Justine is an associate whose practice covers all areas of commercial and civil litigation.This episode qualifies for 40 minutes of Professionalism credit in Ontario and 40 minutes of Substantive credit in British Columbia.

When ending an employment contract, what constitutes just cause? Does employee misconduct mean they are not entitled to notice of termination or payment in lieu? And, what is the difference between a dismissal without cause and one that is legitimate? To answer these questions we turn to Paul Macchione, senior associate in our Toronto office, and Chanelle Wong, senior associate in our Vancouver office. They both advise on a wide range of issues pertaining to workers and the workplace, including labour relations, union matters, employment contracts and discipline and discharge.This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD credit in British Columbia

What do cryptocurrency and cannabis have in common? They both attract new and unseasoned investors who may be exposed to significant risks when representations about a business turn out to be misleading. The Ontario Securities Commission (OSC) watches this activity and introduces legislation to protect investors. Joining us to discuss what this all means are Jeff Kehoe and Linda Fuerst. Jeff is the director of enforcement at the OSC and previously spent time as the VP of enforcement at the Investment Industry Regulatory Organization of Canada (IIROC), and Linda is a senior partner and co-chair of our Toronto litigation group.This episode qualifies for 30 minutes of CPD credit in Ontario and 30 minutes of CPD credit in British Columbia.

The conversation on climate change and sustainability disputes continues. In this episode, we’re talking about greenwashing. Both public and private companies are being held to task on what they say about their climate footprint with regulatory bodies taking a bigger role in enforcement. Joining the discussion are Kellie Johnston and Ray Chartier. Kellie is chief sustainability officer (CSO) and general counsel to Northstar Clean Technologies in Vancouver. Ray is a commercial litigation partner based in our Calgary office, and one of the co-heads of our Canadian ESG practice. Kellie and Ray share remarkable insights with us about the role of the CSO in business, the rise of greenwashing risks and potential claims, and what trends we're seeing coming down the pipe.This episode qualifies for 45 minutes of CPD credit in Ontario and 45 minutes of CPD credit in British Columbia.

Across Canada, steps are being taken to tackle payment delays and disputes in the construction industry. Ontario’s law changed in 2019; Alberta’s law is changing on August 29 of this year. This episode looks at how Ontario’s prompt payment and adjudication regime is working in practice, and what similar changes mean for Alberta, with Kelly Moffet-Burima and Ted Brook. Kelly is a partner in our Calgary office whose practice includes a focus on construction litigation, while Ted is a senior associate in our Toronto office who practises commercial litigation with a focus on complex matters, including construction disputes.This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD credit in British Columbia.

Avatars, Bored Apes and Nike sneakers – a look at our new virtual reality with guest Nick Abrahams. As the Metaverse is expected to become a $1 trillion market, many of the world’s largest companies are investing in this new world, developing NFTs and building operating platforms. What’s all the fuss about? Are NFTs here to stay? How much of a Wild West is Web3? Nick is Global Head of Tech and Innovation at Norton Rose Fulbright, and host of the podcast Web3: From Mystery to Main Street.This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD credit in British Columbia.

Part two of our double episode on Modern Slavery laws looks at what Canada is doing. After several years on the docket, will Bill S-211 finally become law in 2022? How does it compare to regimes in Europe, US and Australia? And what’s this about new Bill C-262, that would mandate prevention of human rights impacts abroad? We talk to Alison FitzGerald, Partner in our Ottawa office and Meaghan Farrell, Associate, also in our Ottawa office, about what all this means for those affected.This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD credit in British Columbia.