Justin Fogarty is not your father’s restructuring and insolvency lawyer. Sure, the Toronto-based partner at Davis LLP was called to the bar in 1986 after graduating from law school but he spends a decreasing proportion of his time in a courtroom. Instead, he’s increasingly brandishing his skills as a provider of business solutions in his clients’ boardrooms.

When Microsoft, Google, and Apple latch on to a trend, you can be sure it’s going to be a monster.

 

The longtime, have-not province and economic weakling has developed into a powerhouse over the past few years, recently posting a $425-million annual surplus while most governments are drowning in deficit. At the same time, Saskatchewan continues to boast the lowest unemployment rate in the country at 5.2 per cent coupled with strong wage growth. Employment is forecast to grow by 8,000 jobs this year, or 1.6 per cent, the largest increase in the country. (Every other province except Manitoba is projected to lose jobs this year.) A year ago, Saskatchewan’s oil industry was flush with cash. Today, its potash sector is rolling in it.

An in-house lawyer punches the clock after a week of negotiating contracts, finalizing commercial work, and even a little litigation — but who picks up the tab, individual departments for which the tasks were done or the corporation as a whole?

A company’s ability to leverage information is a key determinant in success, both in the marketplace and in the courtroom. Experts say that companies regularly involved in litigation should follow best e-discovery practices.

To litigate or to arbitrate, that is the question.

With oil prices continuing to hover near record levels and all-important exploration costs running into the billions of dollars in the ultra-competitive global industry, it should come as no surprise that in-house counsel in the oil and gas sector are pumped about the work they’re doing.

From children’s toys to cars to pet food to cell phones, 2007 was the year of the recall. Having a plan in place to deal with a recall — before it happens — and executing it properly can mitigate the reputational and brand damage inflicted on a company.

There’s no rest for counsel working at media broadcast companies across the country. The current acquisition- and consolidation-happy environment keeps in-house counsel on their toes and they say there’s no sign of things slowing down in the near future.

Controversial Regina lawyer Tony Merchant works practically 365 days a year and is unapologetic about receiving the biggest class action pay day in Canadian history.