Admin. of Civil Justice: Issues in Assessment of Litigation and Regulatory Risk

Quick Info
(3010D.03)  Seminar
R. Podolny & L. Swartz; Adjunct Professors
3 credit(s)  2 hour(s);
Lecture, class discussion, student presentations. Meets Praxicum requirement.
Upper Year Research & Writing Requirement

This seminar is strongly recommended for those considering a career in corporate law or commercial litigation, or as in-house counsel. The seminar is focused on corporate and litigation strategy and management, with an emphasis on class actions.

The course will cover several topics relevant to in-house practice and present some topics from both external and in-house counsel perspective. The course is focused on the role of lawyers as business advisors, who use legal tools to advance business objectives. Particular attention will be paid to litigation and regulatory risks faced by businesses.

The seminar will provide students with practical tools to advise business leaders on financial services and investments, class action risks, and strategic initiatives. Participants will review case studies based on recent corporate dealings and court cases. Students will gain insight into the plaintiff counsel’s perspective in the class actions context.

Practicing professionals, typically including some of Canada’s leading securities litigators, in-house corporate counsel, criminal counsel, judges, regulators, and journalists, will address the students as guest speakers. They will discuss analytical tools available to assess the various courses of action available to businesses when faced with bet-the-firm litigation.

The risks examined in the course will include court challenges and regulatory proceedings commenced under the Securities Act (Ontario), Companies Creditors Arrangement Act, Competition Act, Investment Canada Act, Broadcasting Act, Telecommunications Act, Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Canada’s Anti-Spam Legislation, Pension Benefits Act, and class action legislation.

This seminar constitutes a Praxicum including an emphasis on the lawyer’s relationship with clients, communications by corporate counsel to in-house clients, and hands-on client presentations. The paper required paper will satisfy the Upper Year Research and Writing Requirement.