Litigation-prone businesses stand to
save money with each case if they both
make themselves litigation-ready and work
with discovery-savvy counsel.
On the latter point, Dominic Jaar brooks
no debate. “In 2011? There is at least one
email that is relevant to your litigation,”
says KPMG’s national leader, information
management and e-discovery.
The drive to control costs in companies
that regularly litigate has led to a better
understanding of litigation-preparedness
best practices. Davis LLP partner Kelly
Friedman insists that to meet “Kelly’s gold
standard in litigation readiness,” a business
must have two things: A records management policy implemented using automation; and a litigation readiness plan.
What types of documents are most frequently requested during discovery?
According to the 2011 Information Retention and eDiscovery Survey from Symantec
Corporation, the top six are: files and documents, database or application data, email,
SharePoint files, social media, instant messaging and text.
How do you keep track of it all? Run
your records management system according to GARP.
Published by the information management group ARMA International, GARP,
or Generally Accepted Record-keeping
Principles, offers an information management maturity model featuring five levels,
in which level five is the gold standard.
Friedman outlined her gold standard
when she spoke at a November ARMA
event in Ottawa. One of her slides defined a
records management system as one in
which each record is automatically classified
by the computer system, retained for the
period of time determined by a well thought-out retention schedule and automatically
destroyed when its value comes to an end,
unless a legal hold has been triggered.
Trademark Agent - Toronto, ON Spin Master Ltd. ( www.spinmaster.com) is a multi-category children’s entertainment company and is recognized as a global growth leader within the toy industry. Spin Master is best known for such popular brands as Bakugan Battle Brawlers™, Air Hogs®, Aquadoodle™, Tech Deck™, Moonsand™, Liv™, and Zoobles™. The company has expanded its presence in the film and TV industry with its production of the Bakugan™ animated TV series and more recently the “Redakai, Conquer the Kairu™” TV series. Spin Master employs over 1,000 people with offices in Toronto, Los Angeles, London, Paris, Hong Kong, Mexico, Munich, and central Europe. Spin Master currently has an exciting opportunity for a highly motivated Trademark Agent to join its Legal Team in Toronto. Position Description The candidate would offer professional services relating to Spin Master’s portfolio of trademarks including leading initiatives on anti -counterfeiting. This is a full-time position however part-time will be considered. Additional Position Responsibilities • Assists with the preparation and filing of Canadian and US trademark applications. • Reviews incoming correspondence from CIPO and foreign associates. • Assists with the drafting and reporting of responses to Examiner’s Reports from CIPO. • Conducts trademark searches in the Canadian and US trademark database and common law sources in order to assess the registrability and availability of proposed marks and drafts search reporting letters. • Maintains, organizes and updates a system of due dates for action and follow up. Experience & Qualifications (Required) • 5+ years of experience as a Trademark Agent. How to Apply Please submit your detailed resume and cover letter highlighting the professional skills you would bring to the Spin Master team to Davika Singh at email@example.com. We would like to thank in advance all applicants who apply; however, only those candidates who meet the qualifications will be contacted. www.spinmaster.com
Records management systems aren’t as
widespread or as well-tuned as Susan Nickle
would like. She figures the recession forced
companies to shelve plans for systems.
But “if you’re a small company, it’s
quick and cheap to do,” said the co-founder of Wortzman Nickle Professional
Corporation. “If you don’t do this and
you’re in a litigious environment, you’re
just deferring these costs. They’ll just pop
up in litigation.”
Litigation readiness plan
For many Canadian corporations,
“every case is the first case all over again,”
It need not be that way. According to
Friedman’s November ARMA presentation, litigation readiness plans enable
organizations to proceed in a defensible
manner with the preservation and collection of potentially relevant ESI (
electronic-ally-stored information) and enable outside counsel to represent accurately to
judges and regulators the status of discovery in a matter.
Plans also allow for the flexibility to
handle each case according to its nature.
Perhaps most importantly, they make early
case assessment easier and help companies
swiftly figure out whether they have exposure. “If you know up front, you can settle
quickly,” says Friedman.
Several key parts make up the foundations of litigation readiness plans.
Friedman says every plan needs a data
map that documents the company’s IT
infrastructure, shows where each type of
information is in terms of both the hard-
ware and software housing it and its
physical location, and explains how it can
be accessed and by whom.
Records management policies
Policies can pre-empt excessive discovery costs by stipulating guidelines
for activities like document retention
and destruction, email use, social media
use and dealing with the data of
Setting up a team ahead of time helps
keep the number of people involved in discovery to a minimum, thus reducing the
See Discovery Page 30
BALDWIN ANKA SENNECKE HALMAN LLP
Here is an opportunity for a solicitor with an existing practice
who may be looking for a change. Baldwin Anka Sennecke
Halman LLP is a small, collegial firm of experienced business
lawyers. Our facilities and support are excellent and we
encourage internal work referrals. Our functional and
well‐equipped office is located in the Victoria Tower on
Adelaide just east of Yonge, next to the PATH network.
SM_F12_Legal_Print_Advertisement.indd 1 11-12-19 12:37PM
We are looking for a full-time lawyer with 1-3 years of post-call experience
gained at a major law firm or corporation to join our legal department
in Toronto. This role includes a broad range of work across many of
Torstar’s business divisions, with a particular emphasis on general
commercial matters, intellectual property and contests. Experience
with digital media or product distribution would be definite assets.
The ideal candidate will have excellent analytical, drafting, organization,
negotiation and communication skills as well as good business judgment,
attention to detail and an ability to work independently and effectively deal
with competing priorities.
Please forward your resume, in confidence, to firstname.lastname@example.org.
This is an ideal opportunity to expand your skills in a challenging and dynamic
Lawyers practicing in any of the following areas could be a
good fit: corporate, commercial, securities, real estate, tax,
intellectual property, wills and estates. Interested lawyers are
invited to visit our website at www.bashllp.com and to contact
Tom Baldwin at email@example.com, 416‐601‐4782 to
discuss this opportunity.
ABOUT TORSTAR CORPORATION
Torstar Corporation is a broadly based media and book publishing company
listed on the Toronto Stock Exchange (TS.B). Its businesses include the Star
Media Group led by the Toronto Star, Canada’s largest daily newspaper and
digital properties including thestar.com, toronto.com, Workopolis, Olive Media,
and eyeReturn Marketing; Metroland Media Group, publishers of community
and daily newspapers in Ontario; and Harlequin, a leading global publisher of
books for women.
We appreciate the interest of all candidates, but only those selected for an
interview will be contacted.