Lexpert Roundup on the Business of Law
Lexpert identifies and reports on emerging business issues and practice areas in the business of law. Whether online, in our magazine or in the DealsWire e-newsletter, we chronicle deals and lawsuits of interest, and cover issues of broad concern to the legal profession and those who purchase legal services. We hope you enjoy this sampling of our latest content.
From the DealsWire: OTPP picks up some wine, Vail-Whistler, car-sharing service deal
The Lexpert DealsWire (subscribe here) documents facts, figures and key legal players behind recent deals. This week's Announced Deal Spotlight features the key players and figures in Ontario Teachers' $1.03-billion pick up of Constellation Brands' Canadian wine division.
In our closed deals section, we look at the legal teams on Vail Resorts of Colorado acquiring Whistler-Blackcomb's iconic resort business as well as Communauto selling a stake to investors including French carmaker PSA Group.
We also look at the players behind the sale of Québec Lithium's mining assets to a subsidiary of Jilin Jien Nickel Industry Co., Ltd.
Design Thinking: Try, Try Again
Law firms, despite the entrenched conservative culture in which they operate, are beginning to adopt the kind of iterative thinking that has been so successful for design firms and, increasingly, technology companies. One such process is called "design thinking" – also known as "human-centred design" – an approach that, at its core, is about structured problem-solving with a design flair.
Green Leadership
Canada is awash in action plans to address climate change, and in-house counsel are playing an important role in implementing those plans at the corporate level. After all, it's not only clean-tech companies and heavy-industry behemoths that require advice from their law departments to take climate action. Any company that owns a factory, office building or fleet of vehicles will be affected by the country's growing emphasis on "greenification."
Fintech: OSC grants first licence to online lender
Canada's fintech (emerging financial services) sector made a giant step forward when the Ontario Securities Commission decided to make Vault Circle Inc. Canada's first digital lending platform to receive an exempt market dealer license. This is proof that there is a regulatory appetite for taking innovative platforms seriously, says a lawyer on the deal.
Price-fixing class broadened
In August, Ontario courts managed to add new horizons to the potential liability of defendants in the burgeoning arena of price-fixing conspiracy class actions. The most important issue was whether "unconnected" or "umbrella purchasers" (who bought products from someone other than the named defendants) could be included in a price-fixing conspiracy case; the inclusion of umbrella purchasers in a class can ramp up risk materially for defendants, say lawyers.
U.S. courts affirm narrow privilege
How solicitor-client privilege applies can vary depending on which side of the border you sit on. A recent ruling from the New York Court of Appeals shone a light on the differences in how Canadian and American courts approach common-interest privilege, and Canadian lawyers warn that those involved in commercial transactions in particular should understand the very important distinctions.
Talking About Yourself
Sure, marketing and business development are all about letting people know who you are and what you do, with a view to convincing potential clients that you're the right person for the job. But too much yakking – and of the wrong kind – can drive clients away. Donna Wannop outlines the six mistakes to avoid when promoting your practice in this month's Marketing column.
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