EMERGING ISSUES IN DIRECTORS AND OFFICERS LIABILITY 2017 Biographical Summaries of Presenters [Presented in alphabetical order] February 16, 2017
Simon Bieber Practice Simon maintains an active civil litigation practice focusing on corporate/commercial litigation, professional liability, securities litigation, directors and officers liability, class actions and regulatory defence He has successfully represented clients before all levels of court in Ontario, as well as before a number of administrative tribunals, including the Ontario Securities Commission, the Institute of Chartered Accountants of Ontario, the Alberta Securities Commission, the Institute of Chartered Accountants of Alberta, the Certified General Accountants Association of Alberta, the Ontario Human Rights Tribunal, the Law Society of Upper Canada and the Ontario Municipal Board Prior to joining Wardle Daley Bernstein Bieber LLP, Simon worked at a large U.S. law firm and then one of Canada s seven sister law firms in its commercial litigation group Martindale-Hubbell s peer rating designates Simon as BV Distinguished TM in Commercial Law, Litigation and Class Actions Professional Activities Authors the firm s monthly Directors and Officers Liability newsletter and frequently writes or speaks on current issues concerning directors and officers Member of the Canadian Bar Association and the Advocates Society Community Involvement Provides pro bono representation to unrepresented respondents before the Ontario Securities Commission as part of the Litigation Assistance Program (LAP)
Joseph Coltson Managing Director and Global Lead, ediscovery, Forensic Services and Information Security Joseph is Managing Director at Duff & Phelps, responsible for Global ediscovery, Forensic Services and Information Security. Prior to Duff & Phelps, Joseph was President and co-founder of Harvester Forensics Ltd. Prior to starting Harvester, Joseph was a Vice President at KPMG, and is a 16 year veteran police officer with extensive investigative experience, both traditional and technical. Joseph has testified at all levels of court proceedings and has been qualified as an expert witness on a number of occasions in both criminal and civil matters. Joseph is also a seasoned and successful Investigative Interviewer. U.S. Office Duff & Phelps, LLC 55 East 52nd Street Floor 31 New York, NY 10055 T +1 212 871 6284 M +1 647 298 1869 Canada Office Duff & Phelps Canada Limited Bay Adelaide Centre 333 Bay Street 14 th Floor Toronto, ON M5H 2R2 T +1 416 361 6740 F +1 647 497 9494 Joseph.Coltson@duffandphelps.com Joseph has extensive experience supporting litigation mandates and project management. He has worked on several engagements involving active litigation, internal and external investigations, fraud, arbitrations, tobacco litigation, securities litigation, class actions, Health Care litigation, IP theft, Cartel investigations and other complex matters. Joseph has authored many articles on topics related to his practice. His articles have appeared in a number of different publications. Outside Duff & Phelps, Joseph has taught and developed Investigative Interviewing, Data Forensic, ediscovery, Investigative and Information Security courses and lectures at the University, College and professional levels. Joseph has instructed Federal Attorneys and civil litigators on technological evidence on a number of occasions, and has presented to various Attorney s Associations on computer forensics. Joseph hold an icd.d designation from the Institute of Corporate Director s and a Masters degree. He holds a number of professional certifications including Certified Forensic Computer Examiner and Certified Electronic Evidence Collection Specialist and is a past President of the High Tech Crimes Investigators Association. Duff & Phelps 1
Rosalind is a partner with Fasken Martineau and is Certified by The Law Society of Upper Canada as a Specialist in Environmental Law and is named in the 2016 & 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. Also listed in The Best Lawyers in Canada 2011-2017 for Environmental Law and in Chambers Global 2012-2016 and Chambers Canada 2016-2017 for Environment. Recognized by Lexpert as most frequently recommended for Environmental Law and in the International Who s Who of Environmental Lawyers and the PLC Cross-border Environment Handbook. Rosalind defends environmental charges, litigates contaminated land disputes and other environmental matters, and is involved in appeals and environmental assessment proceedings before the Environmental Review Tribunal. Rosalind has extensive experience advising on all environmental regulatory issues, including exposure to environmental liability, brownfields redevelopment, decommissioning and remediation of contaminated lands, project development, approvals and reporting requirements. Provides environmental advice in relation to business transactions such as mergers and acquisitions, the purchase and sale of real estate and secured lending transactions. Has written numerous articles on a wide range of environmental issues. Is a regular contributor to Solid Waste and Recycling Magazine and has spoken on various environmental issues at numerous conferences. Also listed on the roster of mediators/arbitrators of the Canadian Centre for Environmental Arbitration and Mediation.
Linda Fuerst Linda Fuerst s litigation practice covers a broad range of commercial and professional liability matters, with a particular focus on securities litigation, class proceedings and regulatory issues. She has litigated civil, criminal and regulatory matters and has appeared before all levels of court in Ontario, the Supreme Court of Nova Scotia and the Nova Scotia Court of Appeal and in connection with investigations and proceedings by the Ontario, Alberta and Nova Scotia securities commissions, IIROC, the MFDA and the Competition Bureau. Ms. Fuerst has also directed internal investigations into matters including possible insider trading and backdating of stock options. Ms. Fuerst began her legal career clerking for the Chief Justice of the High Court of Ontario. She practised criminal law and served as a part-time assistant crown attorney before joining the Enforcement Branch of the Ontario Securities Commission as senior investigation counsel. Following a rotation at the US Securities and Exchange Commission in Washington, DC, she joined a well-known litigation practice in Toronto where she practised from 1994 to 2015.
Ryder Gilliland Ryder practices complex litigation and dispute resolution. He regularly advises clients on matters relating to fraud, extortion and security breaches requiring internal and/or external investigation and corporate reputation management. In the cybersecurity space, Ryder has assisted clients with a variety of issues ranging from lost or stolen data, cyber-extortion threats, malware and phishing attacks and vendor service provider breaches. He is the breach coach for leading cyber-insurance provider and regularly advises clients respecting cyber-breach preparedness issues. He is a seasoned litigator with broad experience that includes appearances at the Supreme Court of Canada in several of the leading access to information and privacy cases. 23060880.1
Paul Guy is a partner at Wardle Daley Bernstein Bieber LLP. Prior to joining WDBB in 2016, he was a partner at a large Bay Street firm. He has a broad civil litigation practice at both the trial and appellate levels and has appeared before all levels of court including the Supreme Court of Canada. He has experience in many areas, particularly corporate commercial litigation, director and officer liability, insolvency litigation, class actions and securities litigation. In the D&O context, he has acted on several high profile cases, including Hollinger, Northstar and SNC- Lavalin, on behalf of D&O clients. He has been recognized in publications such as Best Lawyers and Lexpert. He is a frequent speaker at legal education programs. He taught for several years at Western Law, and continues to be involved with the moot court programs at the University of Toronto Law School and Osgoode Hall Law School. 00126460-1
Nadine Harris, J.D., P.Eng., M.B.A. Crown Counsel Legal Services Branch Ministry of the Environment and Climate Change E-mail address: Nadine.harris@ontario.ca Telephone: 416-212-4998 Biography: Nadine is counsel at the Legal Services Branch of the Ministry of the Environment and Climate Change. Her practice is currently focused on representing the Ministry in proceedings before the Environmental Review Tribunal. Prior to that, she conducted prosecutions of environmental offences, and was the Aboriginal Group Leader, providing advice on consultation with aboriginal peoples. Nadine graduated from the University of Toronto Law School and was called to the Ontario bar in 2006. She also holds a Master of Business Administration from York University and a Bachelor of Applied Science in Chemical Engineering from the University of Toronto. Nadine came to law after fifteen years of working as a professional engineer providing environmental consulting services to industry and government.
Kate is a partner at Crawley MacKewn Brush LLP. Kate s litigation practice focuses on capital markets and the securities industry. She regularly represents clients in both civil litigation matters, and in investigations and proceedings brought by the Ontario Securities Commission (OSC), the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association (MFDA). Kate has been involved in a wide range of civil, criminal and regulatory litigation including complex corporate/commercial, class action, bankruptcy, professional discipline, employment, fraud, intellectual property and defamation issues.
PROFILE Roderic McLauchlan specialises in professional liability defence and insurance coverage issues. His cases involve a wide range of professions, including directors and officers, accountants, financial institutions, and trustees, generally with international and offshore aspects. He has significant experience in dispute resolution through litigation, arbitration and mediation. He also provides non-contentious advice on insurance issues and policy wording. He is admitted to the Bar in Ontario and Quebec and is a practicing member of the Law Society of England & Wales. Bilingual (English- French), he has published in the field ofd&o, securities litigation, and insurance, and is a regular speaker at professional seminars.
Orestes Pasparakis Partner Toronto, Canada Norton Rose Fulbright Canada LLP +1 416.216.4815 orestes.pasparakis@nortonrosefulbright.com Ontario 1995 Orestes Pasparakis is co-chair of our Canadian special situations team, which encompasses Canada s leading shareholder activist practice, sophisticated securities disputes and complex reorganization transactions. Recent notable cases include Agrium s defeat of JANA Partners, TELUS s success over Mason Capital, Canadian Oil Sands successful takeover defence against Suncor and Porter Airlines success over Air Canada, among many others. Mr. Pasparakis focuses on high-stakes disputes that often proceed in real time or on an urgent basis. His approach is practical and results-oriented. Many of his cases are international, involving cross-border issues. Mr. Pasparakis has specific expertise with complex commercial litigation, financial restructurings, insolvency proceedings, injunctions and class actions. Details of his experience are found under selected client work. Mr. Pasparakis is widely regarded as one of Canada s leading experts in proxy contests. Mr. Pasparakis has appeared as lead counsel before the Supreme Court of Canada and courts at all levels in Ontario, British Columbia, Alberta, Quebec, New Brunswick and the federal courts, the Ontario Securities Commission, the Competition Tribunal and the Tax Court of Canada, as well as numerous arbitral and other administrative tribunals. Law school and education LL.B., University of Toronto, 1993 B.A. (Hons.), University of British Columbia, 1990 CAN_DMS: \105638871\1
Shara Roy SHARA N. ROY is a partner at Lenczner Slaght. Shara's practice encompasses complex commercial, securities and administrative litigation. Her areas of expertise include securities regulatory actions, shareholder disputes, oppression remedy claims, restructuring and insolvency, trade and cross-border litigation, commercial arbitration and class actions. Shara regularly appears before all levels of court in Ontario, along with a wide range of administrative tribunals. She regularly acts as counsel in regulatory investigations by and proceedings before the Ontario Securities Commission. Shara also has an active alternative dispute resolution practice, including privately arbitrated matters. Shara is a regular presenter on advocacy skills, securities litigation and e-discovery. In the community, Shara volunteers as a mentor to University of Toronto law students and through the Ontario Bar Association to young lawyers. She is a member of the Steering Committee for Malachy's Soiree in support of the Neo-natal Intensive Care Unit of St. Michael's Hospital.
Jordan Solway Group General Counsel, Travelers Canada Jordan leads the Legal and Compliance function of Travelers Canada, which consists of a Canadian branch and two insurance subsidiaries that are ultimately owned by The Travelers Companies, Inc. (NYSE: TRV) ( Travelers ), a leading provider of property casualty insurance for auto, home and business. Jordan also is a member of the Executive Management Committee and the Executive Risk Committee for Travelers Canada. Jordan holds a juris doctor from Osgoode Hall Law School and was admitted to the Law Society of Upper Canada in 1993. He is presently completing his LLM in the area of trust law with a specific emphasis on commercial trust arrangements. He has worked in private and public practice and has extensive experience in the areas of director and officer liability, professional liability, governmental liability and commercial insurance coverage disputes. Jordan is a frequent speaker for organizations such as the National Insurance Conference of Canada, the Canadian Institute, L Expert, the Law Society of Upper Canada Continuing Legal Education Program and Osgoode Hall Law School Professional Development. He has also been a faculty member of the DeGroote Directors College since 2006. Jordan has also authored various articles for Canadian Insurance, Canadian Underwriter, the Canadian Insurance Regulation Reporter, CCH Ultimate Corporate Counsel Guide, CCH Director s Briefing and CCH Corporate Brief. He has co-developed and taught a course for the Insurance Institute of Canada on director and officer liability and insurance and is a contributing editor of the CCH Directors Manual. Jordan is presently a board member of the Canadian Breast Cancer Foundation Ontario Region, and also the Chair of the Governance Committee. Jordan also sits on the Corporate Counsel Advisory Committee for the Law Practice Program at Ryerson University. Jordan lives in Toronto with his wife, Pia and two children, Rachel and Daniel.