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ADVANCED LEGAL NEGOTIATION

Presentations, lecture notes and visual aids delivered at the Federated Press Advanced Legal Negotiation Course held in Toronto on June 19 & 20, 2006.

To purchase, please contact Federated Press.


Introduction to negotiation strategies
Delee Fromm

Planning and preparing for negotiations: How to set and achieve your targets prior to negotiation
Stuart M. Kruger

Overcoming obstacles
Delee Fromm

Negotiation best practices to achieve better agreements: Win-win solutions
Jonathan A. Levin

Reading and projecting body language
Simon Chester

Panel: Negotiating through deadlocks and impasses / dealing with difficult personalities / group negotiations
Marie E. Beyette
James V. West
Jeffrey P. Roode
André Perey

Avoiding traps and using tactics
Colm Brannigan

Legal negotiations
Karin A. McCaskill


Course Leaders


Stuart Kruger
Novartis Pharmaceuticals Canada Inc.

 

Mr. Stuart M. Kruger has been a practicing attorney and member of the Quebec Bar since 1990, having obtained both his Bachelor of Civil Law (BCL) and Bachelor of Laws (LLB) degrees in 1989 from McGill University's Faculty of Law. As well, Mr. Kruger obtained his Masters of Business Administration (MBA) from McGill University in 1993.

Mr. Kruger currently holds the position of Vice President - Legal and Corporate Affairs and General Counsel with Novartis Pharmaceuticals Canada Inc. He is responsible for all facets of legal and corporate affairs throughout Canada for the corporation, as well as serving as a member of the Corporation's Board of Directors, Executive Committee and occupying the post of Corporate Secretary.

Mr. Kruger joined Novartis' predecessor company, Sandoz Canada Inc., in 1995 as its General Counsel, creating and organizing the legal department at that time. Prior to joining Sandoz, Mr. Kruger was an attorney in private practice in Montreal until 1991, and as a consultant until 1995.

With the merger of Sandoz AG and Ciba-Geigy AG in 1996 to form Novartis AG, Mr. Kruger was named to the Canadian Steering Committee, and to the Corporation's Integration and Executive Committee. He has led the Legal function since that time, having also held responsibility for Government Affairs and Health Policy, Business Development and Licensing and Corporate Communications.

 


Simon Chester
Heenan Blaikie LLP

 

BACKGROUND
Simon Chester is a partner in the litigation and business law groups of the Toronto office of Heenan Blaikie LLP, a national firm with nine offices across Canada. He was educated at Oxford University (B.A., M.A.) and at Osgoode Hall Law School (LL.M.) where he held a Canadian Rhodes Trust Foundation Scholarship. He was called to the Ontario Bar in 1982 and admitted to the Law Society of England and Wales in 1988. He was elected as a Fellow of the College of Law Practice Management in 1996.

AREAS OF PRACTICE
Defamation
Knowledge Management
Legal Opinions
Legal Research
Privacy
Private International Law
Public Law

PROFESSIONAL EXPERIENCE
Faculty member. Osgoode Hall Law School, 1972-1974
Research Counsel, Ontario Law Reform Commission, 1974-1977
Executive Counsel to Deputy Attorney General of Ontario, 1977-1982
Policy Counsel, Ministry of Attorney General, 1982-1985
Partner in Charge of Research, McMillan Binch LLP, 1985-2004
Consultant to Royal Commission on Employment Equity; Royal Commission on Electoral Reform and Party Financing; Royal Commission on Aboriginal Peoples
Counsel, Inquiry into Access to Legal Services by Disabled

PROFESSIONAL ACTIVITIES
Chair, Editorial Advisory Board, American Bar Association, Law Practice Magazine
Director, Canadian Rhodes Trust Foundation
Former Chair, American Bar Association TechShow
Founder, Legal Research Network
Founding Member, Toronto Opinions Group
Planning Board Member, Pacific Legal Technology Conference
Trustee, College of Law Practice Management
President, Oxford University Society, Toronto

 

Colm Brannigan
Mediate.ca

 

Colm Brannigan received his LLB from Queen's University and an LLM in Alternative Dispute Resolution (ADR) from Osgoode Hall Law School of York University. He is a Chartered Mediator of the ADR Institute of Canada, Inc.

Colm is a full-time mediator and arbitrator and principal of Mediate.ca in Brampton, Ontario. He is a member of the ADR Institute of Ontario, the Ontario Bar Association - ADR Section, The Licensing Executives Society, the American Bar Association Section of Dispute Resolution and many other professional organisations and was a roster mediator in the Ontario Mandatory Mediation Program - Toronto from its inception until 2005.

In addition to being a participant and guest speaker in various symposia and professional development programs and a part-time instructor in both mediation and law at the college level, Colm writes extensively about conflict resolution in employment, commercial and technology matters.

Colm can be contacted by e-mail at colm@mediate.ca or through his website www.mediate.ca.

 


Co-Lecturers


Delee Fromm
Fromm & Goodhand

 

Delee Fromm is both a lawyer and a psychologist. She is a former partner of McCarthy Tetrault LLP, the largest law firm in Canada, where she practised commercial real estate for 17 years. While practising law she also lectured and conducted workshops on negotiation and mediation for the firm as well as for the University of Toronto Law School, Osgoode Hall Law School, the Ontario Bar Association, and the Law Society of Upper Canada. Now as a founding partner of Fromm & Goodhand and a consultant in the areas of negotiation and communication, she lectures, gives keynote speeches and conducts workshops for a variety of organizations including major corporations, banks, real estate organizations, charitable organizations, universities and law firms. She continues to conduct McCarthy Tetrault's national workshops on negotiation and mediation advocacy, and to teach at Osgoode Hall Law School, both at the undergraduate and graduate levels.

 


Carol Hansell
Davies Ward Phillips & Vineberg LLP

 

Carol Hansell is a partner practising corporate, commercial and securities law. She acts for both private and public corporations on a variety of matters, including acquisitions, financings and reorganizations.

Carol has a particular expertise in corporate governance and is recognized as a leading practitioner by Law Business Research's International Who's Who of Corporate Governance Lawyers. She regularly advises boards and their committees in the context of transactions and on their governance practices generally. She also works with investors in structuring their investments and with management teams in all aspects of governance. She has written and published a number of papers, articles and commentaries on this topic and has also spoken widely in the area. Carol is the author of What Directors Need to Know: Corporate Governance, a resource for corporate directors, and Directors and Officers in Canada: Law and Practice, a loose-leaf service, and is a contributing editor to Corporate Governance, a quarterly journal published by Federated Press. She served as a member of staff for The Toronto Stock Exchange's Committee on Corporate Governance in Canada (which produced the Dey Report) and provided advice to the Joint Committee on Corporate Governance (which produced the Saucier Report). Carol is also Vice Chair of the Corporate Governance Committee of the American Bar Association and Co-Chair of its International Developments subcommittee.

Carol serves on the board of directors of Royal Group Technologies Limited (a Canadian manufacturer, with shares listed on the NYSE and the TSX) and the Public Sector Pension Investment Board (a Crown corporation that invests cash flows from the pension plans of the federal public service, Canadian Forces and R.C.M.P.). She has been a member of the corporate governance committee of the board of directors of Toronto East General Hospital and of Altruvest Charitable Services and is currently on the Advisory Board of the Literary Review of Canada. She is a past director and Vice Chair of the Institute of Corporate Directors, a past director of the Centre for Ethics and Corporate Policy in Canada and a member of the faculty of the National Association of Corporate Directors, a Washingtonbased organization focusing on board leadership issues.

Carol has had extensive involvement in the development of public policy. She has led three public policy forums to elicit the views of senior members of the business community on the development of governance regulations in Canada. She is a member of the Securities Advisory Committee ("SAC"), which provides advice and assistance to the Ontario Securities Commission. She was a member of the Five Year Review Committee, the Advisory Committee established by the Minister of Finance to review securities laws in Ontario. She has also served as a Commissioner on the Blue Ribbon Commission on the role of the board of directors in corporate strategy established by the National Association of Corporate Directors in Washington, D.C. and on the working group considering issues of directors' liability in connection with proposed reforms to the Bankruptcy and Insolvency Act.

Carol teaches in the Directors Education Program jointly offered by the Institute of Corporate Directors and the Rotman School of Management. She is a course director and member of faculty for the National Securities Law LL.M. Program at Osgoode Hall Law School. In 2002, Carol was appointed as an Adjunct Professor of Osgoode Hall Law School. Carol has taught courses on corporate and securities law, financial statements, transactions and negotiation skills and has chaired and spoken at conferences on a variety of corporate and securities law topics for a number of law schools, business schools and conference organizations. She serves on the Canada-Russia Corporate Governance Advisory Council established by the Schulich School of Business.

Carol is recognized in the Canadian Legal LEXPERT Directory in the areas of mergers and acquisitions and corporate and commercial law. She received a B.A. in History from the University of Western Ontario in 1981, an M.A. in International Relations from the University of Toronto in 1982 as well as an LL.B. from Osgoode Hall Law School and an M.B.A. from the Schulich School of Business at York University in 1986.

 


Jonathan A. Levin
Fasken Martineau DuMoulin LLP

 

Jon practices business law, with an emphasis on corporate finance, financial restructurings, mergers and acquisitions, securities, financial institution law and general business law matters at Fasken Martineau DuMoulin LLP. Jon is a recipient of the Dedicated Service Award, Canadian Bar Association, Ontario. He has been named in both the National Post newspaper and LEXPERT magazine as one of the 30 leading dealmakers in Canada. He was named by the English legal directory Chambers Global - The Guide to the World's Leading Lawyers, as one of the leading Canadian practitioners in the areas of banking and finance, M&As and corporate commercial.

 


Karin A. McCaskill
Sobeys Inc.

 

Karin McCaskill is Senior Vice President, General Counsel and Secretary of Sobeys Inc. Before joining Sobeys in December 2002, Karin was a partner of Stewart McKelvey Stirling Scales, based in its Halifax office. For her last approximately fifteen years in private practice, Karin worked almost exclusively in the area of labour and employment law, advising employers in respect of their operations throughout Atlantic Canada and in Ontario. Her practice encompassed all aspects of labour and employment law including appearing before administrative tribunals, arbitration boards and courts; collective bargaining; defending wrongful dismissal and human rights proceedings; and providing advice and counsel on issues of strategy and structure and all other employee and union-related matters. Karin has a degree in Business Administration from the University of Western Ontario (1975) and a law degree from Osgoode Hall Law School (1978). She has been a practising member of the Ontario and Nova Scotia bars since 1980. She began the practice of law at Stewart McKelvey Stirling Scales (then known as Stewart MacKeen & Covert) in late 1980 and became a partner in 1986.

 


Andre Perey
Blake, Cassels & Graydon LLP

 

André Perey is a partner with Blake, Cassels & Graydon LLP in Toronto where he has practised in the Business Group for the past 11 years. He provides corporate law advice to a broad range of clients, from large financial institutions and media companies to entrepreneurs and technology start-ups. André's practice focuses on commercial transactions, including joint ventures and strategic alliances, acquisitions, mergers, private equity and venture capital investments and divestitures, and business process outsourcing. André has developed expertise in negotiating international joint venture transactions, with a particular emphasis on financial services, e-commerce and other new media ventures.

André speaks regularly at industry conferences on matters of business law and is a member of a number of industry associations, including the American Bar Association's Business Law Section (Negotiated Acquisitions Committee, Private Equity and Venture Capital Committee and Task Force on Joint Ventures), the Canadian Venture Capital and Private Equity Association, the Toronto chapter of the Association for Corporate Growth, the Toronto Venture Group and the Canadian IT Law Association.

 


James V. West
Labatt Breweries of Canada

 

QUALIFICATIONS
Called Ontario Bar 1984
LL.B 1982-Award for best standing in Constitutional Law
Hon. M.A.(Pol Sc) 1978
Hon B.A. (Pol Sc) 1977

EXPERIENCE
Functions: Legal; Mancom member since August, 1998.
P & L / Budget responsibilities: Direct-Canadian legal budget(1.8M) Indirect-Legal spend in other functions/BU's (2.5M)
People Management: Team 7; direct 3.
International USA-many deals under JLL;Lowenbrau, Bass under ITW
Other e.g. M&A, key projects
Languages: English; French(basic understanding)

CAREER HISTORY TO DATE
2000 - present: VP/General Counsel-Labatt Breweries of Canada - Industry Bottle Agreement 2000-1
1996-99: Director, Legal-Labatt Breweries of Canada - Trade Practices reform in Alberta 1999-00
1992-1996: Solicitor-Labatt Breweries of Canada - Budweiser Perpetual License Agreement 1997-8
1991-92 Corporate Solicitor- John Labatt Ltd Counsel to all subsidiary cos.
1989-91 Asst Secretary-John Labatt Ltd Managed all public company work in conjunction with Corporate Secretary, including primary responsibility for annual report and public reporting documentation.
1984-89 Solicitor-Canadian Pacific Ltd. Litigation/regulatory counsel appeared before all court levels and before various regulatory bodies, in particular Canadian Radio and Telecommunications Commission
1983-84 Law Clerk-Chief Justice of Ontario. Wrote judgements on behalf of and for review by Ontario Court of Appeal.

 


Marie E. Beyette
Torstar Corporation

 

Marie E. Beyette is the Vice President, General Counsel & Corporate Secretary of Torstar Corporation. She joined Torstar in 1998 as Legal Counsel and was appointed Assistant General Counsel in 1999, Director of Legal Services and Corporate Secretary in 2002, and Vice President, General Counsel & Corporate Secretary in 2005. Prior to joining Torstar Corporation, Ms. Beyette worked as an associate in the Business Law group at Cassels Brock & Blackwell. Ms. Beyette provides advice to Torstar Corporation and its subsidiaries on a broad range of matters including corporate and commercial law, mergers and acquisitions, securities, corporate governance and intellectual property. Ms. Beyette received a B.A. (Hons.) in Psychology from the University of Western Ontario in 1989, an LL.B. from Queen's University in 1992, and an MBA from the University of Toronto in 2002. She was admitted to the Ontario bar in 1994.

 


Jeffrey P. Roode
Canadian Imperial Bank of Commerce

 

Jeff is Assistant General Counsel of Canadian Imperial Bank of Commerce in Toronto where he responsible for the bank's credit card business. In his time at CIBC, Jeff has advised the credit card business on numerous regulatory issues as well as all significant transactions it has been involved in including M&A, outsourcings, joint ventures, and technology contracts. He also advises other parts of the bank on competition law issues. Prior to joining CIBC, Jeff was a partner at McMillan Binch LLP in Toronto where he practiced a mixture of corporate/commercial law and competition law. He has an LL.B., B.Comm. and B.A., all from Queen's University, and was called to the Ontario Bar in 1995. He was named one of Canada's Top 40 Under 40 Corporate Counsel by Lexpert Magazine in 2005.

 

Biographies are accurate at the time of recording.

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