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CCCA_V3No2_ToC-FIN.qxd:CCCA_V1No2_ToC-V1.qxd 4/28/09 11:23 AM Page 3 CCCA CANADIAN CORPORATE COUNSEL ASSOCIATION ASSOCIATION CANADIENNE magazine DES CONSEILLERS (ÈRES) JURIDIQUES D’ENTREPRISES A CANADIAN BAR ASSOCIATION AFFILIATE AFFILIÉE À L’ASSOCIATION DU Table of Table of Contents Leading Corporate Counsel • Le conseiller juridique d’entreprise – Droit devant BARREAU CANADIEN SUMMER 2009 ÉTÉ Volume 3, No. 2 5 From the Editor: The power of clients The Golden Age of Clients is here — don’t miss out on the opportunities. 7 From the President: Global networking CCCA provides its members with the tools for making vital connections. 8 From the Executive Director: Your partner in challenging times The CCCA is adjusting its offerings to better serve you during the recession. 39 Deals & Developments Our new feature highlights some of the many deals, acquisitions and financings taking place throughout corporate Canada in 2009. 42 CCCA News: Focus on the CCCA’s annual spring conference held in Montreal. Features 18 Restraining Orders: Looking for cost certainty? Here’s your handy ten-point guide to 18 controlling the costs of outside counsel. By Julie Stauffer Cover photography by Alena Gedeonova 25 An ounce of prevention: In a recession, it’s doubly important you take steps to diminish your company’s legal HR risks ahead of time. By Heather Greenwood Davis 30 A Suitable Law Firm: Best practices for requests for proposals are emerging — along with a growing debate about whether RFPs really deliver what corporate counsel need. By Patti Ryan 25 Departments 10 Performance in the Law Department The global legal department: Understanding and maximizing the effectiveness of worldwide in-house departments. By Richard G. Stock 12 Compliance As deregulation fades in troubled times, corporate counsel must grapple with compliance overload. By Pablo Fuchs 30 14 Environment Corporations need to formulate strategic responses to, and carry out due dili- gence on, climate change issues. By Jordan Furlong 16 Profile: Martin MacLachlan A man of many talents in the boardroom and on the stage. By Monique Conrod 46 Closing the Deal The old days are gone. It’s time to restructure the external counsel relationship. Legal Updates 37 Draft non-comps with care! The SCC refuses to enforce an ambiguous non-competition agreement. 38 Procurement in the mist The troubling implications of an imminent challenge to the tender process. 16 ÉTÉ 2009 CCCA Canadian Corporate Counsel Association 3