From Volkswagen’s DieselGate to Wells Fargo’s banking scandal,[1] the breadth and nature of high-profile corporate[2] and government[3] scandals and well-publicized corruption is staggering. Headlines aside, ethical misconduct is hardly uncommon today – nearly half of all fraud cases are not publicly reported[4] and over 40% of executives surveyed in a recent study said “they could…

Despite recent developments and initiatives striving to protect and promote long-term corporate strategy and sustainable value creation,[1] short-term perspectives still predominate throughout the investment value chain and dominate decisions in boardrooms.[2] It is troubling how deeply the short-term mindset has permeated corporate culture across the globe. The markets relentless demand for profit growth on a quarterly…

The separation of politics from the judiciary is a cornerstone of the rule of law and Canada’s democratic system of government.[1] On November 9, 2016, the day after the United States presidential election, Justice Bernd Zabel entered a Canadian courtroom wearing a red “Make America Great Again” baseball hat, the campaign signature of the successful…

Legal professional privilege exists in most jurisdictions across the world. However, the scope, application, and nature of the protections afforded to legal professional privilege and confidentiality of communications vary widely. Because of the shared origins and many similarities between the legal systems of the UK, the U.S., Canada and Australia, there tends to be a…

The profession of law is more challenging today than ever before.  Between demanding corporate clients and an unpredictable economy, lawyers like many other professions are being forced to the edge of uncertainty. And many lawyers, law firms and legal departments are not prepared for the economic and technological reality of today’s legal market.  And, it’s…

Practicing with integrity in an in-house position, whether in the private or public sector, has always required special skill; but along with the advantages of the insider’s perspective come particular challenges. The fact of having one client — the corporation or the government[1] — means that an in-house lawyer is particularly vulnerable when there is…

The lack of integrity (actual or perceived) in public office and the private boardroom is a critical reason we are now experiencing what has been described as a crisis in leadership[1] and trust.[2] A deficiency of trust is indexed as the number one problem confronted by business and political leaders today. According to several studies,…

It is difficult to imagine a worst case scenario than United Airlines’ now infamous conduct on April 9, 2017, that permitted a 69 year old doctor named David Dao – under United Airlines care and control as a boarded and seated passenger – to be assaulted, bloodied, and dragged from its overbooked airplane with a…

Our society assigns important powers and responsibilities to the members of its judiciary.  Apart from the traditional role of an arbiter which settles disputes and adjudicates between the rights of the parties, in Canada judges are also responsible for preserving the balance of constitutional powers between the two levels of government in our federal state. …

Worldwide, corporations across business sectors are under pressure to reduce the overall costs of legal services without compromising on either quality or service. Corporations are looking for and expecting from their legal counsel greater efficiency, predictability, and cost-effectiveness in the legal services they contract for and receive. As noted by one legal commentator, this basic…