Law Times

PAGE 12 Eye On Hamilton t's a city described by law- yers who live and work there as a vibrant, adaptable, and collegial environment that can serve as a barometer that gives a hint as to where the nation's economy could be heading in the near future. Following the purchase of major steelmakers by foreign interests, the microcosm that is Hamilton has become even more diverse with global impli- cations creeping in to all kinds of facets of business. "The bottom line is it seems nothing is simple and straight- forward any more," says Gary Graham, founding partner of Gowlings Hamilton office and a business lawyer with interna- tional experience. "But that's fun," he enthuses. "Lawyers are able to add value and help businesses figure these issues out. It's good and makes life interesting." He points to the steel indus- try as one that is driving change. The acquisitions of Dofasco by ArcelorMittal and Stelco by U.S. Steel, both large, international companies, has implications for businesses all along the chain right down to local suppliers. "A lot of small- and medium- Hamilton lawyers embrace economic challenges I BY DARYL-LYNN CARLSON For Law Times set up to make purchases in Canadian dollars while most small and medium businesses aren't set up to manage for- eign currency risks. "Clients on every side of a deal can be affected." Personnel issues become more complex, he says. "Peo- ple are getting work permits — or not — and perform- ing functions on both sides of the border sometimes with appropriate authorization to operate within the country in which they are not resident and sometimes without au- thorization," says Graham. "There could be some in- with IP and how to secure an intellectual property interest for a client's unique capabili- ties," says Graham. So as the economy transitions from large employers to a service-oriented or innovation-oriented mar- ket, intellectual property and a global perspective will be skills all commercial practitioners will need to hone. "This is definitely chang- ing the way we practice and I think it affects lawyers in ev- ery firm," he says. sized companies are more than happy to take a purchase order from customers in any jurisdic- tion but that may raise foreign exchange risks for that smaller company," says Graham. As globalization spreads, even large organizations aren't always teresting tax and work autho- rization issues that come out of that. "Increasingly, people in management roles have re- sponsibilities for company functions that occur not only within Canada but outside of the country, and they may end up working in other ju- risdictions and the work that they're doing may not be permit- ted to [be]done with appropriate authorization." He cites as an example a woman who is a citizen of India and has a work permit in the United States, and from her home office in Lan- caster oversees sales for a jurisdic- tion that straddles the border. He says the woman has re- cently been delayed at the border, which in turn impacts the opera- tions of the client company. Graham says while the city has been touched by the manu- facturing downsizing over re- cent years, it has also seen an Gary Graham says while Hamilton has been touched by the manufacturing downsizing over recent years, it has also seen an emergence of smaller companies that are developing inno- vative technologies. emergence of smaller companies on the radar that are developing innovative technologies. "We see a lot more innovative five-to-10-person organizations that have found a niche and sup- plies some unique expertise that may, or may not, be protectable as intellectual property," he says. Therefore lawyers are required to assist client organizations with a gamut of duties from develop- ing confidentiality policies to IP protection to encouraging loy- alty when developing intellectual property in a competitive market. "I think it's more important for lawyers to become more familiar Hamilton, because of its proximity to the U.S. border, provides for a unique busi- ness hub. "You really see two economies function here," he says. "We have the old economy which is effectively subject to the ebbs and flows of currency exchanges and trade markets worldwide and as you watch that fluctuate, it's effectively ratcheting down from what were once large pri- mary industries like the steel in- dustry and to a lesser degree, the automotive industry." He says subsequently, there's been an evolution "into what I call a virtual economy where you've got many different as- pects of a single (large) business being handled by small and me- dium enterprises" which include smaller technology innovators showing up on the scene. The type of work lawyers do in many fields is indeed dictated by economic condi- tions north and south of the border. "When the currency is down against our largest Randall Bocock is a cor- porate commercial lawyer at Hamilton's Evans Philp LLP. He is on the firm's partnership and management commit- tee that anticipates the firm's focus of business and is also president of the Hamilton region County and District Law Presidents' Association. He acknowledges that trading partner, the U.S., you start to see U.S. interests move north and start to acquire tan- gible companies in Canada and vice versa," he says. "You really get to see it all in this region." That Hamilton is not a gov- ernment city means also that its business fluctuations are blatant. "There's not a lot of government over-structure that hides it," he says. "So it is what it is, it's a business industrial city and you get to see the economy, there's not a lot of camouflage." He adds that accordingly, there's a need for the Hamilton bar to work co-operatively, conge- nially, and adapt to the changing market forces in order to leverage judicial resources and get things done expeditiously for clients. "Lawyers here represent the OctOber 27, 2008 • Law times interests of clients stridently but they do so in a collegial way so that the system actually func- tions fairly well," he says. "It's an interesting and excit- ing place to practise law because it has all the variety and roller coaster rides of the economy in general." Jennifer Malchuk is a partner at Hughes Amys LLP's Hamil- ton office, where she practises as an insurance litigator. She moved to Hamilton five years ago from Toronto where she worked in-house with a ma- jor insurance company and she enthuses about the local Bar's level of cooperation. "Everybody's very helpful and you can certainly rely, whether you're on the side of the plaintiff or defence, on the fact that peo- ple are always willing to talk," says Malchuk. She says that in her field of litigation, lawyers believe the Hamilton bench issues gener- ally higher awards in chronic pain/personal injury cases. "That I suppose is unique to Hamilton." In sum, she says simply, "It's a great place to practise law." LT John F. Evans, Q.C., LSM * Liza C. Sheard * Alexandra V. Mayeski Shane van Engen Paul R. Sweeny * Michael Bordin Andrea M. Hill * Certifi ed Specialist (Civil Litigation) Nationally rated as leading practitioners in "Best Lawyers in Canada" and in "Lexpert" based on peer evaluation • Corporate & Commercial Litigation • Professional Negligence • Product Liability • Estate Litigation • Personal Injury • Defamation • Appellate Advocacy • Municipal Litigation Suite 1201 – One King Street West, Hamilton Tel: (905) 523-5666 Fax: (905) 523-8098 www.esblawyers.com Lamont_LT_Oct27_08.indd 1 www.lawtimesnews.com 10/22/08 9:18:03 AM

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• Slip And Fall
• Focus On Trusts And Estate Law
• Eye On Hamilton