Law Times

Law Times • November 24, 2008 NEWS Lipton snapped up by Michigan firm BY GLENN KAUTH Law Times igan-based Dickinson Wright PLLC snaps up well-known gaming lawyer Michael Lipton for its new Toronto office. The move means the firm Lipton helped establish in 1970, Elkind & Lipton LLP, has now disbanded. Joining him at Dickinson Wright are two lawyers from his former firm, Elliot Rand and Kevin Weber. Together, the trio will form the Canadian branch of the Michigan firm's gaming practice group, a team that includes 30 lawyers. "My vision with the gam- ing practice group is to become the dominant international provider of gaming-related le- gal services," says Bob Stocker, a lawyer with Dickinson Wright's office in Lansing, Mich. Stocker, who heads up the O ne long-standing local law firm's loss is an- other's gain as Mich- 'I think that the synergies are very apparent,' says well-known gaming lawyer Michael Lipton. firm's gaming practice group, is also the president of the Interna- tional Masters of Gaming Law, an association of attorneys, reg- ulators, and gaming executives. Lipton used to head up the orga- nization, and it was through that role that he and Stocker came to work together. About a year ago, Lipton says Stocker began mak- ing overtures about a move to Dickinson Wright, a prospect he was at first reluctant to embrace. But when a partner left Elkind & Lipton recently, he decided the timing was right. are very apparent," says Lipton, a non-gambler who stumbled upon the field when he began doing work for the Ontario gov- ernment during its early moves to set up gaming regulations. Since then, his practice has grown to include clients around the world, something both he and Stocker hope will create new business op- portunities for the firm. "I think that the synergies firm's relationships with several Ontario-based companies that do business across the border, along with the growing gaming industry here, make Canada an attractive place to do business. Still, Lipton argues laws virtu- ally banning the establishment of online gambling operations here put an unnecessary barrier to ex- pansion. Noting the government has changed the Criminal Code to allow online betting on horse races, he says the laws banning other types of gambling opera- tions make no sense. "It's sort of akin to keeping your head in the sand. The unfortunate part is the number of people who are engaged in this particular activity from an entertainment perspective is grow- ing. There is a lot of revenue that's leaving the country." The fear over allowing online gambling, of course, is the poten- tial for side effects such as money laundering, increased addictions, and underage gambling. But Lip- ton argues that so far the experi- ence in Britain, which regulates the sector, has shown operators For his part, Stocker says the Presented by Enroll Today! 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"If you're advising people, and it's based on the gold stan- dard, then they're going to be able to do business anywhere in the world." He adds while the current economic climate will probably put a damper on the sector, he doesn't expect any slowdown to last too long, particularly given what he says are Canadian prov- inces' addiction to gambling revenues. "I think they are ex- amining how they could not only maintain but increase the flow," he says. LT are taking precautions. "It sets forth a clear regime that one has to qualify to become li- censed," he says. "They also set clear rules in terms of exclud- ing minors." Here in Canada, the irony is that although regulations don't allow for homegrown online gambling operations, people still play through for- eign-based web sites. "They have revenue flow in the mil- lions of dollars, and I think that Canada is an important market for them," Lipton says of the offshore sites. "Some people have said that Canada may constitute 10 to 15 per cent of their overall revenue." But in the end, Lipton says he has plenty of work to keep him busy. In fact, he argues that operating in Canada is a boon to his busi- ness, including with overseas clients. That's because with PAGE 5 'New frontier' in discovery process BY ROBERT TODD Law Times calling for the production of what's "ultimately relevant," a legal conference has heard. The Canadian Law & Technology Forum, held Nov. 17-18 at the O ntario lawyers should prepare for a "new frontier" in the discovery process, with the principle of "semblance of rel- evance" replaced by a new, technologically savvy approach Metro Toronto Convention Centre, brought together some of the profession's brightest minds in terms of legal technology. Attendees heard about key developments in areas such as electronic discovery and record management; litigation support and case management; knowledge management and information systems; office manage- ment systems and efficiencies; outsourcing and cost containment; risk reduction and data controls; and the electronic courtroom. On top of a full slate of presentations by practice leaders from across the globe, the conference presented by Insight Information offered an exhibit hall and new technology displays. In a session that will have particular relevance to lawyers fearing a "tsunami" of evidence in the e-discovery process, Gowling Lafleur Henderson LLP lawyer Lynne Watt said changes are on the horizon as courts make the shift to electronic proceedings. In a session titled "Strategizing e-Discovery," Watt noted that upcoming changes to the Rules of Civil Procedure will integrate the principle of "proportionality" during the discovery and documen- tary production process. "It is certainly emerging as the overriding principle in all of the dis- cussions about e-discovery" in jurisdictions across the globe, said Watt. When rule 1.04 is officially amended to make "proportionality" a specific provision, "It's going to be a consideration that will inform all of the Rules of Civil Procedure in Ontario," she said. Based on the proportionality principle, said Watt, the obliga- tion to preserve and produce electronic records changes based on the following factors: • nature and scope of the litigation, including the importance and complexity of the issues, interest, and amounts at stake; • the relevance of the available electronically stored information; • its importance to the court's adjudication in a given case; and • the costs, burden, and delay that may be imposed on the parties to deal with electronically stored information. "This is really the new frontier, where the case law is going to develop over the next few years as courts and parties struggle with incredibly complicated issues," said Watt. "The issues in terms of the burden, the time all of this takes, and the cost are going to have to be addressed and parties are going to have to figure out ways to deal with this without bringing the entire civil justice system to a grinding halt." LT FIRM UP! Purchase 5 or more subscriptions for your law firm to Law Times or Canadian Lawyer and save Purchase 20 or more and save 10% 15% BONUS Digital Editons FREE with each Receive the paid subscription

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• Lipton Makes a Move
• Queens Park
• Focus On Environmental Law