OVERVIEW & EXPERTISE

 
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Businesses are increasingly facing a wide array of enterprise risk and crisis situations. Exacerbating matters is the speed of technology, social media, increased shareholder activism, rapidly evolving regulatory requirements and opportunistic plaintiffs.

With the right prevention measures and quick response time to a crisis, the impact on the long-term financial health and reputation of an organization and its stakeholders can be mitigated.

The Blakes Enterprise Risk & Response team understands corporate governance best practices, regulatory requirements, investigations, prosecutions and crisis response management. We can structure our advice through a staged and privilege-protected process that involves risk assessment, planning, training, testing, documentation and response.

Blakes has a deep understanding of our clients’ business objectives and the unique industry sectors in which they operate. Our strength in a broad range of industries ensures we are up to date on developments in all Canadian jurisdictions as well as current and emerging matters that may affect enterprise risk.

We use this approach to provide proactive and customized commercial advice, both in advance and during a crisis situation.

With many clients operating across multiple jurisdictions, we have particular expertise advising U.S. and international companies on cross-border challenges that involve Canadian operations or interests.

 

 
 
 

 

 

 RISK-RELATED AREAS

 
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Drawing on some of the most experienced and internationally recognized lawyers across the country, our integrated team regularly advises and represents clients in the following risk-related areas.

Specific Risks

  • Data protection, privacy and cybersecurity
  • Corporate social responsibility
  • Securities regulation and public company disclosure obligations
  • Financial services, oil and gas, natural resources, and other sector-specific regulatory requirements
  • Shareholder relations and activism

Compliance Programs

  • Client-lawyer privilege protection
  • Risk assessment
  • Best practices and corporate policies relating to regulatory requirements, disclosure procedures, corporate communications, ethical conduct, document retention, financial reporting, etc.
  • Training and testing programs
  • Crisis-response protocols
  • Reporting and documentation processes
  • Continuous improvement
  • Reputation management for allegations and investigations

Advice to Boards, Independent Directors and Board Committees

  • Board structure
  • Committee responsibilities, assessments and best practices
  • Transactions, fiduciary duties and other issues as counsel to boards of directors and special committees
  • Corporate governance and disclosure obligations
  • Director and officer liability and insurance
  • Employee and executive compensation

Internal and Regulatory Investigations

In each instance, Blakes mobilizes teams on short notice to respond to urgent “crisis” situations, including search warrants, production orders and compelled interviews.

  • Privilege protection of communication and response plans
  • Structure and conduct of internal investigations
  • Coordination of domestic and multi-jurisdictional teams
  • Information requests from regulators
  • Financial misrepresentation and fraud
  • Public reporting disclosures and class actions
  • Anti-corruption, including defence of clients charged with corruption and bribery of public officials
  • Directors’ personal liability issues for conduct undertaken on behalf of the organization
  • Corporate litigation under Canadian and provincial business statutes

 

 

 PEOPLE

 
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Partner | Toronto
Toronto: 416-863-3349
Areas of Expertise: Litigation & Dispute Resolution, Arbitration, Environmental, Mining Litigation & Dispute Resolution, Business Crimes, Investigations & Compliance, Enterprise Risk & Crisis Response, Environmental Litigation & Enforcement, Aboriginal
Partner | Toronto
Toronto: 416-863-5280
Areas of Expertise: Litigation & Dispute Resolution, Enterprise Risk & Crisis Response, Government & Public Sector
Partner | Toronto
Toronto: 416-863-4284
Areas of Expertise: Financial Services Regulatory, Insurance, Mergers & Acquisitions, Investment Products & Asset Management, Banking, Consumer/Retail Financial Services, Payment Cards & Technologies, Residential Mortgage Business, Reinsurance, Financial Services, Pension Funds Investment, Investment Funds, Investment Vehicles, Enterprise Risk & Crisis Response, Government & Public Sector, Fintech, Credit Unions
Partner | Calgary
Calgary: 403-260-9786
Areas of Expertise: Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Insurance, Oil & Gas, Insurance Litigation, Enterprise Risk & Crisis Response
Partner | Toronto
Toronto: 416-863-2408
Areas of Expertise: Arbitration, Media & Defamation, Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Privacy, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Enterprise Risk & Crisis Response, Government & Public Sector
Partner | Toronto
Toronto: 416-863-2667
Areas of Expertise: Information Technology, IP Licensing & Agreements, Technology, Outsourcing, Life Sciences, Communications, Cybersecurity, Enterprise Risk & Crisis Response, Fintech, Consumer/Retail Financial Services, Cannabis
Partner | Toronto
Toronto: 416-863-2352
Areas of Expertise: Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, Misleading Advertising, India, Marketing & Health Regulatory, Competition & Antitrust, Foreign Investment, E-Discovery/SIRs, Merger Review & Control, Pension Funds Investment, Investment Funds, Investment Vehicles, Cybersecurity, Enterprise Risk & Crisis Response, Government & Public Sector
Partner | Toronto
Toronto: 416-863-4159
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Product Liability, Pension Litigation, Class Actions, Equity Capital Markets, Enterprise Risk & Crisis Response
Partner | Toronto
Toronto: 416-863-4348
Areas of Expertise: Enterprise Risk & Crisis Response, Financial Services, Corporate Governance, Capital Markets, Structured Finance & Derivatives, Fintech
Partner | Toronto
Toronto: 416-863-5848
Areas of Expertise: Mergers & Acquisitions, Capital Markets, Corporate Governance, Mining, Enterprise Risk & Crisis Response, Private Equity
Senior Counsel | Calgary
Calgary: 403-260-9623
Areas of Expertise: Corporate & Commercial, Corporate Governance, Energy, Enterprise Risk & Crisis Response, Procurement, Construction, Oil & Gas, Middle East, Latin America
Partner | Toronto
Toronto: 416-863-3328
Areas of Expertise: Debt Capital Markets, Equity Capital Markets, Corporate Governance, Shareholder Activism, REITs, Enterprise Risk & Crisis Response
Partner | Toronto
Toronto: 416-863-2536
Areas of Expertise: Capital Markets, Mergers & Acquisitions, Corporate & Commercial, Equity Capital Markets, REITs, Corporate Governance, Enterprise Risk & Crisis Response
Partner | Calgary
Calgary: 403-260-9726
Areas of Expertise: Business Crimes, Investigations & Compliance, Anti-Corruption & Bribery, Corporate Litigation, Class Actions, Competition Litigation, Securities Litigation, Enterprise Risk & Crisis Response
Partner | Toronto
Toronto: 416-863-4274
Areas of Expertise: Litigation & Dispute Resolution, Media & Defamation, Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Competition Litigation, Tax Controversy & Litigation, Arbitration, Cybersecurity and Data Breach Response & Litigation, Enterprise Risk & Crisis Response, Government & Public Sector, Mining Litigation & Dispute Resolution, Defence
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