Join hosts Ted Brook, Partner and Erin Brown, Senior Associate, of Norton Rose Fulbright, as they interview lawyers and industry leaders from key sectors, questioning the trends, issues and opportunities across Canada’s evolving legal landscape. Conversations will bring both a global perspective and a litigator's instinct for issue spotting to keep your business risk-ready.

Ted Brook and Erin Brown

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Latest episode

Reasonableness rules: Why you should care about the SCC’s decisions in Auer and TransAlta 

How much deference do the courts owe regulators? Should courts review regulations differently than other forms of administrative action? In a landmark pair of rulings released late last year, the Supreme Court of Canada clarified the standard of review for challenging regulations in Canada. The SCC’s new guidance in Auer and TransAlta is already impacting businesses in industries and sectors across the country.

Season 6

S6 EP1 | Reasonableness rules: Why you should care about the SCC’s decisions in Auer and TransAlta

S6 EP1:
Why you should care about the SCC’s decisions in Auer and TransAlta

How much deference do the courts owe regulators? Should courts review regulations differently than other forms of administrative action?

Season 5

S5 EP4 | Closing with confidence: Resolving disputes and avoiding M&A litigation

S5 EP4:
Closing with confidence: Resolving disputes and avoiding M&A litigation

Understanding what can lead to post-closing disputes is crucial, as no one likes to see a deal go sour after months of hard work.
S5 EP3 | Lights, camera, class actions: Recent trends in Canada

S5 EP3:
Lights, camera, class actions: Recent trends in Canada

How do class actions differ across the country? What are the emerging challenges of class actions?

S5 EP2 | Trials and errors: perspectives from our top litigators

S5 EP2:
Trials and errors: perspectives from our top litigators

What makes a great litigator? When it comes to mastering the art of litigation, some lessons are best learned outside the classroom.

S5 EP1 | Keeping up with the <em> Competition Act </em>

S5 EP1:
Keeping up with the Competition Act

Transformative changes to the Competition Act are coming down the pipe. How will they affect the competition disputes landscape?

Season 4

S4 EP4 | Undisputed: Exploring the high-stakes world of special situations

S4 EP4 | Undisputed:
Exploring the high-stakes world of special situations

What lies ahead for governance disputes in Canada?

S4 EP3 | Undisputed: Navigating the ESG risk landscape in Canada

S4 EP3 | Undisputed:
Navigating the ESG risk landscape in Canada

As regulatory requirements around ESG disclosures take shape and anti-ESG sentiment grows, organizations are navigating a complex risk landscape.
S4 EP2 | Undisputed: A proactive approach to cybersecurity, data privacy and AI

S4 EP2 | Undisputed:
A proactive approach to cybersecurity, data privacy and AI

Our digital world is creating more data than ever before.
S4 EP1 | Undisputed: Revealing 2024’s top litigation trends

S4 EP1 | Undisputed:
Revealing 2024’s top litigation trends

What’s top of mind for litigation and disputes lawyers?

Season 3

UK anti-corruption developments and their extraterritorial reach | S3 EP8

S3 EP8:
UK anti-corruption developments and their extraterritorial reach

When will a company be held responsible if its employees are involved in wrongdoing? Are all companies measured by the same degree of accountability?

CEPA, chemical management and the “right” to a healthy environment | S3 EP7

S3 EP7:
CEPA and the “right” to a healthy environment

In June, the Canadian Environmental Protection Act (CEPA) was amended for the first time in over 20 years.

Pro bono publico in Canada | S3 EP6

S3 EP6:
Pro bono publico in Canada

At its core, pro bono refers to lawyers’ broader duty to give back to communities, helping to bridge the gap in access to justice.

Influencers, advertising and social media | S3 EP5

S3 EP5:
Influencers, advertising and social media

Influencer advertising is one of the most pervasive and effective forms of marketing, but consumers are not always aware that an advertisement is being promoted as such.
Canadian Competition Act | S3 EP4

S3 EP4:
Canadian Competition Act

In June 2023, the Competition Bureau is set to start enforcing amendments to Canada’s Competition Act that were announced in June 2022.
Canada’s economic sanctions regime | S3 EP3

S3 EP3:
Canada’s economic sanctions regime

Sanctions compliance is increasingly complex: events in the past 12 months have triggered rapid developments in sanctions regimes in Canada and across the globe.
The 2023 Litigation Trends Survey | S3 EP2

S3 EP2:
The 2023 Litigation Trends Survey

We surveyed 437 in-house counsel across Canada and the US on their 2022 disputes experiences and expectations for 2023.

Remediation agreements in Canada | S3 EP1

S3 EP1:
Remediation agreements in Canada

Season 3 of Disputed starts with a look at Canada’s remediation agreement regime.

Season 2

A culture of employee engagement | S2 EP16

S2 EP16:
A culture of employee engagement

Have you noticed terms such as “the great resignation” and “quiet quitting” being thrown around in the last year or two?
Working with litigation experts | S2 EP15

S2 EP15:
Working with litigation experts

Experts have a vital role in helping the court understand technical issues to reach a fair and reasoned decision. But how do you pick the right expert for the case?

Just cause | S2 EP14

S2 EP14:
Just cause

When ending an employment contract, what constitutes just cause? Does employee misconduct mean they are not entitled to notice of termination or payment in lieu?

Securities enforcement | S2 EP13

S2 EP13:
Securities enforcement

What do cryptocurrency and cannabis have in common? They both attract new and unseasoned investors who may be exposed to significant risks.
Greenwashing | S2 EP12

S2 EP12:
Greenwashing

The conversation on climate change and sustainability disputes continues. In this episode, we’re talking about greenwashing.
Prompt payment | S2 EP11

S2 EP11:
Prompt payment

Across Canada, steps are being taken to tackle payment delays and disputes in the construction industry.

Web3, NFTs and the Metaverse | S2 EP10

S2 EP10:
Web3, NFTs and the Metaverse

As the Metaverse is expected to become a $1 trillion market, many of the world’s largest companies are investing, developing NFTs and building operating platforms.
Modern Slavery, part two | S2 EP9

S2 EP9:
Modern Slavery, part two

Part two of our series on Modern Slavery looks at what Canada is doing to tackle this global issue.
Modern Slavery, part one | S2 EP8

S2 EP8:
Modern Slavery, part one

Forty million. That is the estimated number of people trapped in modern slavery, with supply chains being a key risk area.

From disruption to dispute – Mitigating supply chain risk | S2 EP7

S2 EP7:
From disruption to dispute – Mitigating supply chain risk

The past two years have brought uncertain, sometimes turbulent times to Canadian businesses and their supply chains.

Trade secrets and protecting your IP | S2 EP6

S2 EP6:
Trade secrets and protecting your IP

Is a competitor using your trade secrets? Is a former employee misusing confidential information? This episode is all about trade secret rights and how to enforce them.

AI and the law | S2 EP5

S2 EP5:
AI and the law

Artificial Intelligence is changing our legal environment. But as machines continue to inform decision making and human interaction, what does this mean for long-established principles such as causation, standard of care, and procedural fairness?

Trends in Canadian class actions | S2 EP4

S2 EP4:
Trends in Canadian class actions

Class actions are a rapidly evolving risk for Canadian businesses. COVID-19, employment, privacy, consumer protection are a few areas where activity has increased.
“Return” to work? | S2 EP3

S2 EP3:
“Return” to work?

The workplace Canadians are “returning” to is not what it was two years ago. The way we work – what, where and how we do it – has changed.
Litigation funding: a Canadian update | S2 EP2

S2 EP2:
Litigation funding: a Canadian update

Litigation funding is an established practice in jurisdictions such as the US and the UK, and is now becoming a regular feature of Canadian litigation.
Cryptocurrency disputes: multi-jurisdictional lines and global reach | S2 EP1

S2 EP1:
Cryptocurrency disputes: multi-jurisdictional lines and global reach

Blockchain technology is, by definition, borderless. But what happens when such a widespread ledger becomes the focus of litigation?

Season 1

COP26 and Canadian energy | S1 EP7

S1 EP7:
COP26 and Canadian energy

In this episode we connect key points from COP26 to current efforts in Canada to reduce emissions and develop sustainable technology.
Climate change disputes | S1 EP6

S1 EP6:
Climate change disputes

At the date of this podcast, there are over 1800 global climate change lawsuits. 18 months ago, that number was 1,543.

Proxy fights | S1 EP5

S1 EP5:
Proxy fights

Battle for the Board: proxy fights happen when shareholders rally to gain control of the company and its future.
Episode 4: Parent company liability

S1 EP4:
Parent company liability

Can the Canadian parent of a multinational organization be liable for actions of its foreign subsidiaries?

Episode 3: Managing a breach

S1 EP3:
Managing a breach

Data breaches in Canada hit a record high last year with an average cost of more than $6 million per incident.
Season 1, episode 2: Ransomware

S1 EP2:
Ransomware

The ransomware industry is booming and attacks are up 151% this year compared to 2020. And the chaos it's causing is becoming more widespread.

Fairness opinions | S1 EP1

S1 EP1:
Fairness opinions

In this episode, find out why fairness opinions are becoming top of mind for courts, and what questions directors, shareholders and financial advisors should be ready for.

Contacts

Ted Brook
Ted Brook
Partner
Email
ted.brook@nortonrosefulbright.com
T: +1 416 203 4457
Erin Brown
Erin Brown
Partner
Email
erin.brown@nortonrosefulbright.com
T: +1 613 780 8618

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