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Highlights
DEBT RESTRUCTURING
Debt Restructuring Under the Canada Business
Corporations Act
Sophie Melchers, François-David Paré, David Crandall
DISCOVERY READINESS
Is Your Legal Department Ready?
Vic Duret, Nick Johnston
The corporate use of electronic documents is increasing at an exponential
rate, leading to concerns about appropriate records management in many organizations. Improperly discarded records present serious reputational and legal risks, along with other information management concerns like security, privacy and confidentiality. These issues are a minefield that in-house counsel must navigate when fulfilling a corporation's obligation to preserve and disclose documents that are relevant to a lawsuit or investigation. Legal departments are not as ready as they could be. While awareness of the issue might be heightened in the Americas, the issue of discovery readiness is truly global and in-house counsel around the world are working to address the issue. Many lawyers say that they are cognizant of future challenges but have yet to embrace solutions. Vic Duret and Nick Johnston review the findings of a recent KPMG survey that asked global companies about their discovery readiness as well as concerns and issues that were faced or perceived with respect to being ready. As the authors note, while discovery readiness and response is an area of growing importance for corporations in Canada and elsewhere, there clearly remain challenges and gaps that need to be addressed.
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Board
Larry P. Lowenstein
Editor-in-Chief
Osler, Hoskin & Harcourt LLP
Peter Armstrong
KPMG Forensics Inc.
Lyndon A.J. Barnes
Osler, Hoskin & Harcourt LLP
Murray A. Clemens, QC
Nathanson, Schacter & Thompson LLP
Brett Code
Alberta Securities Commission
Clarke Hunter, QC
Macleod Dixon LLP
Paul H. Le Vay
Stockwoods LLP
F. Paul Morrison
McCarthy Tétrault LLP
J. Gregory Richards
WeirFoulds LLP
Robert S. Russell
Borden Ladner Gervais LLP
Steve Tenai
Ogilvy Renault LLP
Kent E. Thomson
Davies Ward Phillips & Vineberg LLP
James C. Tory
Torys LLP
James A. Woods
Woods & Partners |