The 4 th Annual Commercial Litigation Conference

Transcription

1 LexisNexis Conference Series The 4 th Annual Commercial Litigation Conference Recent Developments and Best Practices for the Legal and Accounting Professions Thursday, April 3, 2008 The Grand Hotel Toronto, Ontario Research Solutions Conference Co-Chairs: Heather C. Devine Sean M. Sullivan Conference Faculty: Honourable Mr. Justice Arthur M. Gans Superior Court of Justice Neil S. Abbott (Toronto) Michael R. Carnegie Partner, Taylor Leibow LLP Sally A. Gomery Partner, Ogilvy Renault LLP Ivor Gottschalk Founder, Gottschalk Forensic Accounting & Valuations Inc. James Hunter Partner, KPMG Jeffrey S. Leon Partner, Bennett Jones LLP Robert B. Low Peter Macaulay P. Macaulay & Associates Inc. Donald E. Short Partner, Fasken Martineau DuMoulin LLP David W. Stewart Lynne D. Watt (Ottawa) Susan Wortzman Founder, Wortzman Nickle Professional Corporation Commercial disputes can be highly disruptive and costly to a business. Spend an intensive day with your peers learning about the latest developments in the legal and accounting professions. Expand your knowledge with presentations from Canada s legal and accounting experts in Commercial Litigation. Group Discounts Available Save with 2 or More Registrants (see back panel for details)

2 Research Solutions ents and Best Practices for the Legal and Accounting Professions LexisNexis Conferences presents a comprehensive one-day conference that will feature topics of interest to both lawyers and accountants presented by current and former jurists, lawyers and expert witnesses. This event will go beyond the reporting of current trends. Our faculty has been specifically assembled to provide unique interactive sessions that focus in on nuts and bolts answers to your most difficult questions. Participants will be afforded the opportunity to address their questions to the speakers in each session and informally during breaks. The conference materials, prepared by the speakers, will also provide a valuable resource for attendees. Please join your fellow colleagues for this interesting, comprehensive and timely conference. Benefits of Attending As a lawyer or accountant, you will expand your knowledge of legal and business issues in the areas of: E-discovery Expert witnesses Expert evidence Gathering strategic business intelligence Enforcement of foreign judgments Limitations Director and officer liability in Canada And much more Who Should Attend Commercial Litigation Specialists Forensic Accountants In-house Counsel responsible for managing litigation Litigators and Experts

3 LexisNexis Conference Series The 4 th Annual Commercial Litigation Conference Recent Develop Thursday, April 3, 2008 The Grand Hotel Toronto, Ontario Conference Co-Chairs: Heather C. Devine, & Sean M. Sullivan, 8:00 a.m. Registration and Continental Breakfast 8:30 a.m. Opening Remarks from the Co-Chairs Heather C. Devine Sean M. Sullivan PLENARY SESSION E-Discovery 9:00 a.m. The Electronic Trial: Get with the Program The Honourable Mr. Justice Arthur M. Gans Superior Court of Justice Technology is revolutionizing how trials are conducted and the effective gathering, organizing and presenting of electronic evidence in the courtroom can give you the decisive edge in advancing your case. In this plenary session, Justice Gans will discuss the use of electronic evidence and legal technology tools at trial. ACCOUNTING TRACK MORNING SESSION 9:45 a.m. New Rules for Expert Accounting Witnesses Ivor Gottschalk, CA IFA, CBV Founder, Gottschalk Forensic Accounting & Valuations Inc. Canada s first standards for investigative and forensic accounting engagements have been released by the Canadian Institute of Chartered Accountants Alliance for Excellence in Investigative and Forensic Accounting (IFA Alliance). Ivor Gottschalk, IFA Standards Committee Chair, will discuss the development of these standards, the key areas they cover, issues arising since their release, and how they can be used to evaluate expert testimony. 10:30 a.m. Working With Financial Expert Witnesses (From First Contact To Trial) Michael R. Carnegie, B. Comm., CA CBV Partner, Taylor Leibow LLP The use of financial experts (accountants, business, valuators, economic-loss consultants) greatly enhance a lawyer s ability to obtain favourable outcomes for clients. Anytime there are figures involved that are preceded by a $ sign, financial experts solidify and enhance a lawyer s cases and increase efficiency. In this presentation, an experienced expert witness will discuss best practices. Topics covered will include: Timing of the first consultation Retainer letters Collaboratively arriving at assumptions Coordinating the procurement of the required information Review of the expert's report Critiquing opposing experts Preparation for trial and conduct on the stand 11:15 a.m. Corporate Intelligence in Litigation Disputes Robert B. Low David W. Stewart, BA, ACMA (U.K.), CFE Business intelligence can provide a strategic advantage at all stages of the litigation cycle: before, during and after. However, in order to maximize the benefit of this growing field, it is important to understand the types of information that can be retrieved, as well as limitations in accessing this information. To truly understand the application of business intelligence and its advantages, this discussion will focus on the intelligence cycle as a whole, as well as its more intricate components. We will define intelligence while considering methods, data sources, data restrictions, privacy constraints, and data quantification. The audience will glean a more in depth understanding of the intelligence cycle and how it can be applied to litigation disputes.

4 ments and Best Practices for the Legal and Accounting Professions LITIGATION TRACK MORNING SESSION 9:45 a.m. E-Discovery: Practical Considerations and Sedona Canada Susan Wortzman Founder, Wortzman Nickle Professional Corporation Susan Wortzman, one of the leading authorities on electronic discovery in Canada, will speak about the practical implementation of the Canadian version of the Sedona Principles, which is a set of 12 principles guiding the exchange of electronically stored information (ESI) in electronic discovery. This presentation will both educate current practitioners about the ethics of participation in electronic discovery, and will assist corporate counsel, clients, and accountants with understanding where to look for relevant ESI not readily available in paper form. 10:30 a.m. Expert Evidence: Admissibility and Disclosure Considerations Sally A. Gomery, B.C.L., LL.B. Partner, Ogilvy Renault LLP In the past few years, litigators have increasingly tested the boundaries of traditional expert evidence. How can you ensure that the expert evidence you tender is accepted by the court? How can you prevent the qualification of an expert put forward by opposing counsel? How much of the expert's working file, including correspondence, preliminary data and draft reports, must be disclosed prior to trial and at the hearing itself? This presentation will review recent jurisprudence and discuss practice related tips in relation to the retention and use of experts at trial. 11:15 a.m. The Use of Expert Evidence in Commercial Arbitration and Mediation Donald E. Short, LL.B., LL.M., FCIArb., C.Arb. Partner, Fasken Martineau DuMoulin LLP This presentation will address the following issues: Are experts useful at arbitrations and mediation? Are experts worth the cost at mediation stage? What is the meaning of without prejudice? Are independent experts at arbitration possible and are they useful? 12:00 p.m. Networking Luncheon JOINT SESSION Litigation and Corporate Governance 1:00 p.m. Director and Officer Liability in Canada- Recent Cases Jeffrey S. Leon Partner, Bennett Jones LLP Recent cases both clarify and mystify the law surrounding director and officer liability. This presentation will review those cases with a particular focus on: Business judgment rule update Defining the scope of oppression for directors and officers The proper limits of derivative claims The risk of the audit committee Defensive decision making the evidentiary record 1:45 p.m. Managing Security Breaches: Issues of Data Governance Lynne D. Watt (Ottawa) Every corporation, large or small, manages large volumes of data, some of it confidential and sometimes sensitive confidential. The release of confidential information, whether belonging to customers, employees or to third parties and whether done inadvertently or maliciously can pose significant problems particularly in this era of mass communication via the internet. This session will discuss: What are the legal obligations to protect data? What steps should a corporation take from a legal perspective? Issues that arise on the inadvertent disclosure of data and on the fraudulent disclosure of data Legal liability and potential damages Special issues dealing with the disclosure of solicitor client information

5 Research Solutions 2:30 p.m. White Collar Fraud: Fraud Risk Management for Corporations James Hunter Partner, KPMG This topic will address the following: The Sarbanes Oxley revolution in governance The focus on entity level controls The role of the audit committee when things go wrong When to call for help The independent investigation 3:15 p.m. Refreshment Break 3:30 p.m. Enforcement of Foreign Judgments in Ontario/Enforcement of Ontario Judgments in the U.S. Neil S. Abbott (Toronto) 4:15 p.m. Damages: Important Recent Cases Peter Macaulay, MBA, CA IFA P. Macaulay & Associates Inc. This presentation speak directly to you regarding ways to recover or defend your clients money. It covers what's new in damages with some current cases plus how your team's use of variables can produce dramatically different damage calculations. This past year has seen damages play a key role in a number of relevant decisions. These cases will be reviewed in detail to show you: How the fundamentals of damage calculations can affect the income of a case How damages fit our evolving case law 5:00 p.m. Conference Concludes This presentation will review reciprocal enforcement between provinces, the repercussions of choice of jurisdiction, and the latest cases on foreign ground convenience. The presentation will also focus on pitfalls in dealing with claims in different jurisdictions including situations when judgments will not be enforceable and evidentiary considerations in crossborder litigation. Group Discounts Available Save with 2 or More Registrants (see back panel for details)

6 Conference Registration Form LexisNexis Conference Series The 4 th Annual Commercial Litigation Conference Thursday, April 3, 2008 The Grand Hotel Toronto, Ontario Conference Fee: $695 each Sub Total $ Add 5% G.S.T. $ Grand Total $ Location: The Grand Hotel 225 Jarvis Street Toronto, Ontario Tel: (416) Payment is required upon registration. (Please make photocopies of registration form for additional registrants. Price and other details are subject to change without notice.) Group Discounts We offer the following discounts to 2 or more registrants from the same company when registrations are received together: 2 20% discount each 3 or more 30% discount each LexisNexis Canada Inc. 123 Commerce Valley Drive East, Suite 700 Markham, Ontario L3T 7W8 CANADA Customer Information Billing Information Firm/Organization LexisNexis Canada Account Number Name P.O. Number Department/Title Charge my: Visa MasterCard AMEX Address City Province Postal Code Card Number Personal Card Company Card Cheque Enclosed Phone Number Cardholder s Name Fax Number Expiry Date Signature Please quote Reservation Code 4187 when ordering. 4 WAYS TO ORDER Phone: (905) Fax: (905) orders@lexisnexis.ca Mail: 123 Commerce Valley Drive East, Suite 700 Markham, Ontario L3T 7W8 CANADA Payment, Cancellation and Refund Policy Payment is required upon registration. All payments must be made by credit card. If you are unable to attend, please notify LexisNexis in writing up to 10 days prior to the conference and a refund will be processed on your credit card less a $100 administration charge. No refund will be given for cancellations received after 10 days prior to the conference date. Substitution of participants is permissible without prior notification. LexisNexis reserves the right to cancel any conference it deems necessary and will, in such event, make a full refund of any registration fee. No liability is assumed by LexisNexis for changes in program date, contents, speaker or venue. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. Other products or services may be trademarks or registered trademarks of their respective companies LexisNexis Canada Inc. All rights reserved. 08/07