Legal Project Management in Practice: Evolving Applications and Approaches

Transcription

1 Legal Project Management in Practice: Evolving Applications and Approaches

2 Legal Project Management in Practice: Evolving Applications and Approaches Wednesday, June 22, :30 a.m. to 12:00 p.m. Program 7:30 a.m. Registration and Continental Breakfast 8:00 a.m. Introductory Remarks Andrew Fleming, Senior Partner, Norton Rose 8:05 a.m. Session 1 - Demystifying Legal Project Management: Making it Work for You Speaker: Ann Gomez, Productivity Consultant, Clear Concept Inc. 9:00 a.m. Session 2 - Corporate Counsel s World Decision Tree Moderated by: Patrick Kierans, Senior Partner, Norton Rose together with Terry Badour, Executive Vice President, Law & Administration, Fairmont Raes Hotels International and Patrick McGrade, Vice President, Legal Aairs and Corporate Secretary, GlaxoSmithKline Inc. 10:00 a.m. Break 10:15 a.m. Session 3 - Lean Six Sigma: Real Life Examples Moderated by: Charles Hurdon, Partner, Norton Rose and Alison Burton, Senior Counsel, Royal Bank of Canada. 11:15 a.m. Session 4 - Other Project Management Issues Moderated by: Andrew Fleming together with Elana Caplan, Principal Legal Consultant, Caplan Legal Consulting and joined by all panelists. 12:15 p.m. Ask The Experts Speakers will be available for a Q&A session. 12:30 p.m. Boxed Lunch provided

3 FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Legal Project Management in Practice: Evolving Applications and Approaches Wednesday, June 22,

4 LegalProjectManagement Making it Work for You Presentedby:AnnGomez Presentedto:ACC Ontario HostedbyNortonRoseLLP June22, What is LPM? 2 PACE TM Approach to LPM PlanP A C E Act Communicate Evaluate Clear Concept Inc. 3

5 What is a Project? Temporary Unique Outcome Focused 4 The Triple Constraints 5 Plan Act Communicate Evaluate 6

6 The Challenges of Planning Look before you leap 8 Planning Intake Process Map Project Plan Budget 9

7 The Intake A detailed, structured process Why What When Who Where How 10 Sample Intake Checklist Category Items Status Client Objectives What are the client's immediate/long term goals related to file? What is the client's definition of success on this file? What are the client s priorities: time, quality, cost What are the client's expectations around budget and fee structure? Are there other restrictions? Client Organization Who will be your main client contacts? Who are the key decision makers? Are there other parties involved? What is the client's internal decision making process? Should we anticipate delays due to internal processes? Communication What is an appropriate schedule for client updates? Who is involved in client communication? Timeline What are the key file deadlines and milestones? Are there any scheduling impediments like company events, vacation schedules, etc.? Roles & Responsibilities What does the client want to manage internally versus outside counsel? How much experience does the client have with this kind of file Retainer Letter and Appendices Summary of file including goals and strategy Project plan including key activities, timeline and responsibilities & Budget 11 Why bother with a checklist? Assumptions 100% coverage Communication Training Simplification 12

8 Goals & objectives The Plan Budget Framing Electrical Plumbing Drywall Flooring Process Maps: Clarify and communicate Trim Painting Furnitur e 13 Sample Project Plan Activities Estimated Work Effort Timing Home Owner Contractor June July August Contractor: Define selection criteria 1 Identify 3 contractors 2 Interview contractors 6 Obtain and review bids 4 Review past projects 6 Call referrals 2 Select contractor 1 Work with contractor to define project timeline 2 5 Launch renovation Total: Sample Project Budget Phase Estimated Work Effort Contractor Trades Materials Rate $200 $150 - Totals Planning $1, $1,000 Framing $2,400 $3,600 $4,000 $10,000 Electrical $1,600 $2,400 $4,000 $8,000 Plumbing $1,200 $3,600 $3,000 $7,800 Drywall $3,200 $4,800 $6,000 $14,000 Flooring $1,600 $3,600 $5,000 $10,200 Trim $1,600 $3,600 $2,000 $7,200 Painting $2,400 $3,600 $500 $6,500 Furniture - $750 $6,000 $6,750 Total $ 15,000 $ 25,950 $ 30,500 $ 71,

9 Managing Expectations Plan Act Communicate Evaluate 17 Engaging Your Team Great Managers: 1. Good coaches 2. Empower their team 3. Express interest 4. Productive and resultsoriented 5. Good communicators and listeners 6. Support career development 7. Clear vision and strategy 8. Key technical skills Source: Google Study 18

10 Frequent Reviews 19 Reviews: Simple Agendas Individual updates What I did What I m doing What I need help with Project updates Plan updates Timeline and next steps Client status 20 Reviews: Formal Status Reports Timing Key Milestones May June July Overall Status: Status Key Accomplishments Next Steps Issues / Obstacles Plan 21

11 Plan Act Communicate Evaluate 22 What is your stakeholder plan? R A C I 23 The only constant in life is change. Track changes Gain approval 24

12 Plan Act Communicate Evaluate 25 Feedback: Simple Ask What Went Well Even Better If 26 PACE TM Approach to Legal Project Management P A C E Plan: Thorough intake Process map Project plan Budget estimate Act: Engaged team Frequent reviews Process standardization Personal management Communicate: Proactive client contact Stakeholder management Scope modification process Evaluate: Internal and client feedback Business development Continuous improvement Clear Concept Inc. 27

13 A Win for All 28 About Clear Concept Clear Concept Inc. was founded in 2004 with a focus on personal productivity. President and CEO, Ann Gomez, has always been interested in personal productivity. Having consistently maintained a busy life, Ann always knew that she needed to soak up as much as she could on this topic. Ann brings a lifetime of learning and a passion for teaching to all of Clear Concept s training programs. Clients talk about the profound impact the productivity program has on their career and their life. Clear Concept works with corporate executives and professionals across industries through workshops, individual consulting and online training. Recent clients include several top law firms, Royal Bank, Bank of Montreal, AstraZeneca, Grand & Toy, Procter & Gamble and Queen s School of Business. Ann Gomez has been quoted several times in the Globe and has appeared on both ROBtv and BNN. Please contact us for more info Clear Concept Inc Yonge Street, Suite 8922 Richmond Hill, ON L4C 9T3 Tel: info@clearconceptinc.ca Web: Ann Gomez President and CEO Productivity Consultant Work: Mobile: ann.gomez@clearconceptinc.ca 29

14 FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Session 2 Corporate Counsel s World Decision Tree Analysis Terry Badour, Executive Vice President, Law & Administration, Fairmont Raffles Hotels International Patrick McGrade, Vice President Corporate & Legal Affairs GlaxoSmithKline Inc. Moderated by: Patrick Kierans, Senior Partner, Norton Rose Decision Tree Analysis Overview What clients want The words we use There is a better way: analytical decision making Benefits of analytical decision analysis Not a crystal ball more like a hedge fund Decision Tree Analysis What clients want Opinion Counsel they can understand they can apply to complex problems Representation. responsive to business realities Project Management effective and efficient 1

15 Decision Tree Analysis The words we use Good chance Reasonably good Likely Quite likely Reasonably likely Unlikely Better than ever Fair On balance Probable Possibility Definite possibility Decision Tree Analysis What do these words mean? Nobody really knows Range of results from actual Survey: Perhaps as low as Perhaps as high as There is a good chance In all likelihood 20% 50% 95% 100% There is a definite possibility 1% 80% Decision Tree Model.or worse As is clear from our detailed analysis In our view the Agreement is capable of being interpreted in a manner consistent with your interpretation However, we cannot guarantee you will be successful Other facts of which we are not aware could affect our opinion 2

16 Decision Tree Model and there is more Or the Agreement could be found to be more ambiguous Then the facts of which are unaware may become relevant In any event there is always the risk a judge will find otherwise Our opinion should enable you to weigh the risks and benefits of possible courses of action. Decision Tree Model A better way: Analytical decision making Decision-Tree Analysis Why? Perfect information is never available Outcomes are never certain Outcomes can be assigned probabilities based on observation and experience Outcomes can be compared using probability values Decisions should be made to maximize benefit and minimize loss unless risk adverse Decision Tree Model The client s world Decision Tree Model Using Traditional words of opinion $10 million could be possible good chance $1 million confident $1 million $ 5 million 3

17 Decision Tree Model Valuing an uncertainty Which is the best bet? Probability Outcome Probability value 10% $ 2 million $ 200,000 30% $ 500,000 $ 150,000 60% $ 300,000 $ 180,000 Decision Tree Model Defend a patent infringement action or take a license Outside counsel s role $10 million $1 million $ 1 million $ 5 million Decision Tree Model Using traditional words of opinion Could be Possible Good Chance $10 million $1 million Confident $1 million $ 5 million 4

18 Decision Tree Model Using Probabilities 40% 60% 30% 70% $10 million $1 million $1 million $5 million Decision Tree Model Using probabilities and outcome values 40% 60% 30% 70% $10 million 12% $1.2 million $1 million 28% $280,000 60% $600,000 $1 million $ 2.08 million $ 5 million Decision Tree Model Combining uncertainty values back to the root In a two outcome scenario (e.g. infringement) Probability value of outcome 1 (infr) $ 3 million + Probability value of outcome 2 (non-infr) $ 700,000 $3.7 million 5

19 Decision Tree Model Using probabilities and probability vales to minimize cost $ 1.48 million $ 3 million $ 3.7 million $10 million $ 2.08 million 30% 40% 70% $ 700,000 $ 600,000 60% $1 million $1 million $ 5 million $ 5 million Decision Tree Model Sensitivity Analysis Decision Tree Model Turning the tables: The opponent s world Evaluation of opponent s options 6

20 Decision Tree Model Turning the tables: The opponent s world Identification of opponent s weakness(es) Decision Tree Model Managing complex problems Requires breaking down problem into its elemental issues and outcomes Each issue/outcome can be analyzed separately Impact of each issue/outcome on decision can be assessed No issue/outcome is lost or forgotten Effort may be directed to the issues that have most impact on outcome Decision Tree Model Business friendly format Avoids unclear legal terminology Form and content understandable to a business decision maker 7

21 Decision Tree Model Decision maker benefit Building tree model puts problem in perspective Integrates legal and business factors Involvement in building the decision tree model All outcomes best and worst are presented Settlement points can be identified Provides a negotiating tool (turn the table) Decision Tree Model Limitations of Decision analysis Not predictive of outcomes only their probabilities Cannot take into account risk aversion 8

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26 FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Session 3 Lean Six Sigma: Real Life Examples Alison Burton, Senior Counsel, Royal Bank of Canada Moderated by: Charles Hurdon, Partner, Norton Rose Lean Six Sigma: Real Life Examples What is it? Who uses it? Does it work for law departments and law firms? Lean Six Sigma: Real Life Examples Section 240 Process mapping Key Objectives Consistent practices among team members Improved quality of service Simplify the Section 240 process 1

27 Lean Six Sigma: Real Life Examples Section 240 Process mapping con t Key Objectives Provide cost savings Reduce inefficiencies Succession planning Assist with preparation of AFAs Lean Six Sigma: Real Life Examples Starting Point Voice of the client Identify gaps in service Identify best practices Identify key participants Think about the end goal Lean Six Sigma: Real Life Examples Section 240 Canada Labour Code Process mapping The RBC-Norton Rose experience 2

28 Lean Six Sigma: Real Life Examples Internal/External Counsel Relationship Regular communication Open dialogue what works/what doesn t Highlight best practices Share information settlements, statistics, legal costs, business unit particularities Lean Six Sigma: Real Life Examples Financial Information Important to have historical legal spend information for AFAs More detailed the better to assist in preparing block fee and stage billing proposals Build in incentives Lean Six Sigma: Real Life Examples Applicability for other types of litigation Human Rights claims Wrongful dismissals Any process that can be streamlined 3

29 FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Session 4 Other Project Management Issues Elana Caplan, Principal Legal Consultant, Caplan Legal Consulting Moderated by: Andrew Fleming, Senior Partner, Norton Rose Other Project Management Issues Outsourcing Definition of Services Does customer have a solid (measurable, objective) description of the current (baseline) or desired services? Does customer have expertise or resources to describe baseline or goals? Implied services Who is the customer? Outsourcing Regulatory Issues What can be outsourced? Rights on bankruptcy Audit rights Content of agreements 1

30 Outsourcing Service Levels Agreements (SLA) What performance will be measured? Quality Speed Availability Capacity Reliability User-friendliness Timeliness Efficiency Effectiveness of services How will service levels be measured? What penalties (credits) will be available when service levels are missed? Other remedies for missed service levels Outsourcing Privacy Does PIPEDA or other legislation apply? Should customer s privacy policies apply? Who is responsible when obligations of privacy are not met? Cross-border concerns What obligations will subcontractors have? Standards for data security Outsourcing Subcontractors What role should subcontractors have in negotiation of an outsourcing agreement? Will customer have access to subcontractors? Which contract provisions will pass through to subcontractors? What consent is required to use subcontractors? Dealing with subcontractors who are competitors 2

31 Outsourcing Audit Rights Scope Who performs the audit? Who pays? What will subcontractors be obligated to do? Outsourcing Indemnities Should there be an indemnity for breach of the agreement? Will subcontractor indemnities be passed through to customer? IP indemnities Personal injury indemnities Outsourcing Limit of Liability In long-term contract (5+ years), the value of the contract may be an excessive limit Should limit of liability reflect customer s opportunity cost? When are damages available in addition to specific contract remedies? Avoid absurd limits 3

32 Outsourcing Termination When do long term contracts makes sense? Termination for convenience Provider s right to terminate? Cure of breach? Partial termination Outsourcing Thank You Elana Caplan Principal Consultant Caplan Legal Consulting Professional Corporation 4936 Yonge St., Suite 723 Toronto, ON M2N 6S3 elana@caplanlegal.ca (647) Questions? 4

33 Disclaimer The purpose of this presentation is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Norton Rose OR LLP on the points of law discussed. No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any constituent part of Norton Rose Group (whether or not such individual is described as a partner ) accepts or assumes responsibility, or has any liability, to any person in respect of this presentation. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of, as the case may be, Norton Rose LLP or Norton Rose Australia or Norton Rose OR LLP or Norton Rose South Africa (incorporated as Deneys Reitz Inc) or of one of their respective affiliates. 5

34 Terence P. Badour Executive Vice President, Law & Administration Fairmont Raffles Hotels International Terence P. Badour is the Executive Vice President, Law & Administration of Fairmont Raffles Hotels International Inc. He joined the company in 1998 as Vice President, General Counsel and Corporate Secretary. Fairmont Raffles Hotels International Inc. is a global hotel management company headquartered in Toronto, Canada. The company owns and manages approximately 100 hotels and resorts under the Fairmont, Raffles and Swissôtel brands, and also manages Fairmont and Raffles branded Residences, Estates and luxury private residence club properties. Mr. Badour has over 25 years experience in the fields of corporate and securities law and mergers and acquisitions. Prior to joining Fairmont, Mr. Badour was in private practice based in Montreal, Quebec at the law firm of Norton Rose (formerly Ogilvy Renault) and subsequently at Lavery DeBilly. In 1990 Mr. Badour joined the Law Department of Canadian Pacific Limited. In 1996, Mr. Badour was appointed Corporate Counsel and Assistant Secretary of Canadian Pacific Limited, responsible for legal services at the company s executive office in Calgary, Alberta. He holds a B.A. (cum laude) in Political Science from Concordia University in Montreal, and a LL.L. and LL.B. from the University of Ottawa. Mr. Badour was called to the Quebec Bar in 1985 and the law societies of Ontario and Alberta in 1991 and 1998, respectively. He is also a member of the Canadian Bar Association, the General Counsels Committee of the American Hotel and Lodging Association, and Council of Senior Legal Executives of the Conference Board of Canada, and the University of Ottawa President s Circle Advisory Board. In 2002, Mr. Badour was named one of Canada s top general counsels by Lexpert magazine. In 2006 he was bestowed the Canadian General Counsels Association s Dealmaker of the Year award. Mr. Badour was recently inducted into the University of Ottawa Law School Honour Society in recognition of his contribution to the legal community and the Law School.

35 Alison Burton Senior Counsel Royal Bank of Canada Alison Burton is Senior Counsel in RBC's Law Group, where she heads up the Canadian Employment and Disability Litigation Team. In her role at RBC she, along with her team, primarily manage employment and disability litigation, but the team also provides advice to the RBC enterprise nationally on a variety of employment related issues, which includes privacy and human rights. Prior to joining RBC, Alison practiced employment law at Gowling Lafleur Henderson LLP in Toronto.

36 Principal Legal Consultant Caplan Legal Consulting ElanaCaplanisthefounderofCaplanLegalConsulting,providingbusinessclientswithcriticalcorporate legalservicesreplicating,asmuchaspossible,themethods,approach,andstyleofaninhouselaw department.shebringstothebusinessandservicesauniqueabilitytoapplyherbroadanddeep knowledgeofcorporatelawtothespecificbusinessstrategiesandprioritiesofhercorporateclients. Elanahasstronglegalexperienceinthecorporateenvironmentandinregulatedindustries.She provideslegaladviceandservicesongeneralcorporateandcommercialmatters,privacy,corporate transactions,financialservices,technologyprocurementandtelecommunicationslaw.heremployers haveincludedamericanexpress,tdbankfinancialgroupandmtsallstream.elanabeganhercareer practicingcorporateandsecuritieslawinthelawfirmmcmillanbinchllp(nowmcmillanllp).she receivedherjurisdoctorfromosgoodehalllawschoolandisamemberoftheontariobar.

37 Andrew Fleming Senior Partner Toronto, Canada Norton Rose OR LLP Ontario Bar 1999 Quebec Bar 1975 Andrew Fleming has extensive experience in business law, including company, securities and banking law, and regulatory requirements relating to corporate transactions, financings and mergers and acquisitions. He has participated in all aspects of company law, including advising on general corporate matters relating to governance and structure and assisting in major corporate reorganizations by way of arrangements or amalgamations. He has also participated in all aspects of securities law including public financings (acting for issuers, underwriters and purchasers) in Canada, the United States and Europe, private placements, including project financings, and merger and acquisitions work related primarily to public take-over bids. Mr. Fleming has acted as counsel to both financial institutions and borrowers in project financings for the telecommunications industry, industrial undertakings and natural resource projects. He has also assisted corporations in structuring their regular borrowing activities and is familiar with the corporate, securities and banking law implications of such transactions. Mr. Fleming has served on numerous industry and government committees dealing with securities and corporate law matters in Canada. He is a past member of the Continuous Disclosure Reform Committee of the Quebec Securities Commission, the Policy Advisory Committee of the Ontario Securities Commission, the Committee on Corporate Disclosure of the Toronto Stock Exchange, the Consultative Committee of Securities Law Practitioners to the Quebec Securities Commission and the Continuous Disclosure Advisory Committee of the Ontario Securities Commission. His practice also includes arbitration of commercial matters under the auspices of the ICC Court of Arbitration. From 1999 to 2006, he was a member of our Executive Committee. In August 1999 he relocated from London, UK, where he was Managing Partner, to Toronto as Managing Partner, then Co-Managing Partner, of our Toronto office, a position he held until Expertise Capital markets; Commodities; Corporate; Debt capital markets; Equity capital markets; Financial services and markets; Investment funds; Mergers and acquisitions; Mining; Securitisation. Law school and education

38 Andrew Fleming B.C.L., McGill University, 1974 B.A., McGill University, 1971 Selected client work Clients for whom Mr. Fleming has acted include: Royal Bank of Canada in connection with the US$1.5 billion offering of covered bonds under Rule 144A in the United States, on a private placement basis in Canada, and in Europe Royal Bank of Canada in connection with the offering in Canada of covered bonds in an aggregate amount of $850 million due March 16, 2015 Royal Bank of Canada in connection with the offering in Canada of covered bonds in an aggregate amount of $750 million which closed on November 10, 2009 Rankings and recognitions Best Lawyers in Canada, Corporate Law: Finance, Securities Law The International Who's Who of Capital Markets Lawyers, Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada Lexpert / American Lawyer Guide to the Leading 500 Lawyers for Canada - Most frequently recommended for Corporate Commercial Law Chambers Global Guide to the World's Leading Lawyers (Corporate Law/Mergers and Acquisitions) IFLR1000 Speaking engagements Participated in many conferences related to company, securities and banking law 2

39 Ann Gomez BSc, MBA Productivity Consultant Clear Concept Inc. Ann Gomez is a productivity consultant and the founding president of Clear Concept Inc. Clear Concept provides project management and personal productivity training to business and legal professionals. Ann works with several industries, including law, finance, healthcare and consumer goods. Her recent clients include several top law firms, Royal Bank of Canada, Bank of Montreal, Procter & Gamble, and Queen s School of Business. Ann is an active blogger and has served as a spokesperson for several clients. She is often quoted in the Globe & Mail and has appeared on both ROBtv and BNN. Prior to founding Clear Concept, Ann was a Management Consultant with A.T. Kearney for more than three years. During this time, she worked with multiple Fortune 500 companies across many industries in both Canada and the U.S. Ann helped these companies to design and implement a wide variety of strategic programs, impacting both the revenue and cost side of their respective businesses. Ann also spent more than four years in the pharmaceutical industry as both a pharmaceutical medical representative and a research coordinator. She successfully managed a large client base and was the recipient of prestigious sales awards. Ann obtained an MBA from Queen s University, where she was the President of the MBA class and was the recipient of the Finance Award. Prior to this, she obtained an Honours Bachelor s Degree in Science (Biology and Psychology) from McMaster University. When not working, she can be found playing with her adorable children and husband, or generally enjoying life with other family and friends.

40 Charles Hurdon Partner Ottawa, Canada Norton Rose OR LLP Ontario Bar 1988 Charles Hurdon practises employment and labour law exclusively, advising and representing employers in both federal and provincial jurisdictions. He has extensive experience in representing and advising employers in matters relating to executive employment agreements, executive compensation and executive terminations. Mr. Hurdon regularly appears before grievance arbitrators, labour boards, other administrative tribunals and the courts. Other areas of practice include occupational health and safety, where he assists employers in developing health and safety programs and provides advice and representation in prosecutions under the Canada Labour Code and the Ontario Occupational Health and Safety Act. Mr. Hurdon is Ottawa Chair of our Employment and Labour Law Group. Expertise Employment and labour; Environment safety and planning. Law school and education LL.B., University of Ottawa, 1986 B.A.(Hons.), University of Ottawa, 1983 Directorships Member of the Board of Directors of a local not-for-profit charitable organization Membership and activities Canadian Association of Counsel to Employers (CACE) Lecturer at the Faculty of Law of the University of Ottawa, the University of Western Ontario and Algonquin College Rankings and recognitions Best Lawyers in Canada, Labour and Employment Law Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada - Repeatedly recommended for Employment Law Speaking engagements

41 Charles Hurdon Accommodation Update, The 2011 Accommodation Law Conference, Centre for Labour-Management Development, Ottawa, March 9, Cross Canada Employment Law Check Up - Ontario, CACE 7th Annual Conference, Vancouver, September 25, Executive Compensation - Trends and Best Practices, OCRI 45th Circuit, May 4, Accommodating mental disabilities: Emerging trends; Using the grievance process to resolve accommodation disputes; Expert witnesses: Maximizing their role in accommodation cases; Getting the most from healthcare professionals, The 2010 Accommodation Law Conference, Centre for Labour-Management Development, Ottawa, February 24 and 25, Evidentiary, My Dear Watson, Proving your case in 2010, new rules and all," Panellist, Employment Law Panel, Montebello Conference, 29th Civil Litigation Updated 2009 conference, Chateau Montebello, November 20-21, Workplace Violence and Harassment: Preparing for Ontario's New Legislation (Bill 168), Speaker, Lancaster House, Regional Workshop, Ottawa, November 12, Golden Parachutes in a Downturn: Challenges When Dismissing Senior Executives, Employee Terminations Restructuring, Insight, Ottawa, September 22, Workplace Violence: Complying with New Laws, Complying with New Laws on the Prevention of Violence in the Workplace, Ottawa, September 16, Damages in Wrongful Dismissal Claims Since Honda v. Keays, CACE 6th Annual Conference, Chicago, September 12, : A Good Year for Employers, and Then Came Wronko, 2008 in Review: What's New, What's Hot in Labour and Employment Law, Ottawa Human Resources Professionals Association 2009 Law Conference, Ottawa, April 28,

42 Patrick Kierans Senior Partner, Lawyer, Patent Agent, Trade-mark Agent Toronto, Canada Norton Rose OR LLP Quebec Bar 1979 Ontario Bar 1979 United States (trademarks) 1981 Canada (patents) 1981 United States (patents) 1981 Canada (trade-marks) 1979 Patrick Kierans practises in all areas of intellectual property law as a barrister, solicitor, trade-mark agent and patent agent. His expertise includes intellectual property litigation involving patents, trade-marks, copyright and acts of unfair competition, including misappropriation of trade secrets. With many successful matters to his credit involving hundreds of millions of dollars, Mr. Kierans is often retained to lead complex intellectual property litigation involving, in particular, innovative pharmaceutical products. He has represented major pharmaceutical, telecommunications, credit card and consumer products companies. Mr. Kierans frequently gives opinions on infringement, validity and freedom to operate. He also frequently counsels the pharmaceutical industry on regulatory affairs, licensing, joint ventures and other development agreements. He regularly gives presentations on intellectual property law. Mr. Kierans practises before the courts of Quebec and Ontario, the Federal Court of Canada and the Supreme Court of Canada. Mr. Kierans is Head of Norton Rose Group's Pharmaceuticals and life sciences practice and a member of Norton Rose OR LLP's executive committee. Expertise Communications, media and technology; Intellectual property; Patents; Pharmaceuticals and life sciences; Retail and brands; Trademarks and brands. Law school and education LL.B., McGill University, 1977 B.C.L., McGill University, 1976 M.Eng., Electrical Systems, Carleton University, 1972 B.Sc., Electrical Engineering, Loyola College of Montréal, 1970 Selected client work M. Kierans is acting or acted for the following clients : Merck Frosst in connection with its successful appeal of the first trial decision under section 8 of the Patented Medicines (Notice of Compliance) Regulations Major pharmaceutical companies such as GlaxoSmithKline, Merck, Alcon, Sanofi-Synthelabo and Celltech (Medeva)

43 Patrick Kierans Ericsson Telecommunications Vidéotron Pepsi Fairmont Hotels VISA Hard Rock Café Isotoner gloves Membership and activities Canadian Bar Association Order of Engineers of the Province of Quebec Association of Professional Engineers of Ontario Intellectual Property Institute of Canada (past Councillor, past Chairman of Montréal section) Institute of Electrical and Electronics Engineers Licensing Executives Society (LES) (U.S.A./Canada), Inc. (past chairman of LES Montréal and past chairman of the LES Fellowship Committee) American Intellectual Property Law Association International Association for the Protection of Intellectual Property Advocates Society Toronto The Biotechnology Initiative For ten years, Mr. Kierans was responsible for the intellectual property law course at McGill University Rankings and recognitions The International Who s Who of Patent Lawyers, 2011 The International Who s Who of Life Sciences Lawyers, 2011 PLC Which lawyer?, IP: non-patent litigation; IP: patent litigation; Life sciences: patent litigation 2010 Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada Lexpert / American Lawyer Guide to the Leading 500 Lawyers for Canada - Most frequently recommended for Intellectual Property Litigation Best Lawyers in Canada, Biotechology Law, Intellectual Property Law Global Counsel Life Sciences Handbook Canadian Legal Lexpert Directory Global Counsel Intellectual Property Handbook Chambers Global Guide to the World s Leading Lawyers (Intellectual Property: Litigation) AV Peer Review Rating from LexisNexis Martindale-Hubbell 2

44 Patrick Kierans The Legal Media Group Guide to the World s Leading Patent Law Practitioners Speaking engagements Mr. Kierans is regularly called upon to give presentations on intellectual property law, including most recently TRIPS & NAFTA: Forgotten Promises - Is Canada compliant with its International Obligations? 5th Annual Forum on Pharma Patents, The Canadian Institute, October Analytical Decision Making: A Legal Perspective, American Intellectual Property Law Association Mid-Winter Institute, January 2005 Licensing in the Pharmaceutical Industry, IP Licensing Agreements Conference, June 2004 Science and the Law: In the Context of Patented Medicines (Notice of Compliance) Regulations, Federal Court Judges Conference, May 2004 Patent Law and the Food and Drug Regulations, Regulatory Affairs for Industry - Humber College, March 2004 Preliminary Comments on Bill C-9 - Canada's Proposal to Implement Paragraphs 6 of the DOHA Declaration on the TRIPS Agreement and Public Health of August 30, 2003 and Canada's Obligation under TRIPS and NAFTA, Insight Conference on Drug Patents, March 2004 Joint Ventures, Co-Development and Co-Promotion Agreement in the Field of Pharmaceuticals and Biotechnology, The Canadian Institute Workshop, February 2004 How to Solve Practical Problems in Digital Discovery, American Intellectual Property Law Association, La Quinta, CA, January 2004 Licensing Agreements for Technology Transfer: Obligations of the Licensee, The Canadian Institute Workshop, December 2003 Licensing Agreements for Technology Transfer: Workshop on Negotiating and Drafting Intellectual Property License Agreements, The Canadian Institute Workshop, June

45 PatrickM.McGrade VicePresident,Corporateand LegalAffairsandCorporateSecretary, GlaxoSmithKlineInc. Chair,TheGlaxoSmithKlineFoundation AsamemberoftheCanadianExecutiveTeamofGlaxoSmithKlineInc.,PatrickMcGrade leadsgsk scorporateandlegalaffairsdivisionwhichiscomprisedoflegal, CommercialCompliance,CorporateCommunicationsandCommunityPartnerships, ProductCommunications,StakeholderRelations,andLinguisticServices.Inhisrole, Patrickisresponsibleforthecompany scommitmenttoperformancewithintegrityand strongcorporategovernance. PatricksitsonGSK spensioncommittee,chairsthecompany sriskmanagementand ComplianceBoard,andisChairofTheGlaxoSmithKlineFoundation.Healsoservesas ViceChairoftheBoardofDirectorsofTheScarboroughHospital. Priortohismostrecentappointment,PatrickwasGeneralCounsel,CorporateSecretary anddirector,federalpolicyatgsk.inthatroleheledthedevelopmentofthe company scorporategovernanceframeworkandseveralpublicpolicyinitiativeswitha focusonintellectualpropertyprotectionandrelationshipswithhealthcanada,industry CanadaandotherFederalGovernmentdepartments. BeforejoiningGSK,PatrickpracticedlawforanumberofyearswithtwoTorontobased lawfirmsspecializingincorporatefinanceandcorporatehealthlaw. PatrickstudiedPublicPolicyandAdministrationatYorkUniversity,obtainedhisLaw DegreefromOsgoodeHallLawSchoolandhisCharteredDirector sdesignationfrom TheDirectorsCollegeatMcMasterUniversity sdegrooteschoolofbusiness.