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Corporate Litigation

a journal devoted to litigation involving corporations and their shareholders

 
Volume XI, No. 4 2011
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.

 

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