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May 9, 2016

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Page 12 May 9, 2016 • Law TiMes www.lawtimesnews.com Expansion of U.S. players into Canada means innovation Local labour and employment boutiques set to compete BY MICHAEL MCKIERNAN For Law Times T he Canadian market is adapting to the arrival of a different type of la- bour and employment boutique as local law firms tackle new American entrants head-on. Last August, the 1,000- lawyer firm Littler Mendelson PC expanded north of the bor- der from its San Francisco base, opening its first Canadian of- fice in Toronto. Within months, it had been joined in the city by a second U.S. giant of labour and employment law, Ogletree Deakins Nash Smoak & Stewart PC, a firm whose lawyer count stands at a mere 750. "In theory, they are boutiques because their focus is on one area of law, but they are very large; larger than most Canadi- an full-service firms," says Erin Kuzz, co-founder of Toronto firm Sherrard Kuzz LLP. "It's an exciting time in our market; things are changing and compe- tition is coming from different places that it hasn't before." But Kuzz is ready to take on all comers, and she doesn't dis- criminate on the basis of size or origin. "Frankly, the more competi- tive the market, the more firms are required to innovate and the more they are required to provide better ways of providing value to clients," she says. "The cream will rise to the top, and that's where I think boutiques like ours are very well positioned to compete. This is all we do; there are no other practice groups to rely on if business slows down, or to sup- plement you if you haven't filled your own plate. By our nature, we have to be exceedingly good at what we do to survive." Despite the huge size of their parent firms, both Ogletree and Littler have started relatively small in this country. Ogletree launched in Janu- ary with just three lawyers, all poached from the Toronto office of Gowling Laf leur Henderson LLP. In a statement at the time, the firm's managing shareholder Kim Ebert identified Canada as an "important market for our firm, as many of our clients have operations there and need rep- resentation and counsel on Ca- nadian and cross-border labour and employment law matters." "We know that we've chosen the right team of lawyers who share the firm's culture and val- ues to establish our presence in the country," Ebert added. Littler also opted for a rela- tively low-key entry into Can- ada, building a 10-lawyer team mostly from the lawyers of long-standing local employment boutique Kuretzky Vassos LLP. Barry Kuretzky, a former partner in that firm, and now a partner at Littler, says the set-up has al- lowed some continuity for the lawyers who moved with him. "We operate very much as we used to, except now we have the benefit of huge resources that we didn't have before as a smaller boutique," Kuretzky says. However, he doesn't expect the firm to stay small for too long in Canada. "Our goal is to be able to service clients across Canada, so we are looking to expand across the country," Kuretzky says. According to Kuretzky, his corporate clients who have op- erations outside Canada have benefited most from the move, since Littler's reach extends all the way around the world, thanks to its 67 offices in 15 dif- ferent countries. "If we have a client whose head office is in Toronto, but they're doing work in Panama, we can integrate very easily," he says. "We get tremendous op- portunities to see different per- spectives from the U.S., South America, and Europe. It has been an exciting and refreshing experience for me." Paul Young, a partner at To- ronto boutique Filion Wakely Thorup Angeletti LLP, says there is "a lot more competition than there used to be" in the Canadian employment law market, but he says his own firm's international alliance helps it to punch above its weight. Filion Wakely is the only Canadian member of L&E Global, a worldwide network of employers' counsel from 21 countries. "It's good for the firm and our clients, because we can hold on to them, and get them access to top lawyers from around the world," Young says. "In terms of compet- ing with national firms, we also have strong connections with firms in every jurisdiction in Canada, such that we can always offer immediate help to clients." Sherrard Kuzz also belongs to an international network of law- yers, the Employment Law Alli- ance, a group that boasts mem- bers in more than 100 countries around the world. "There's no other network with that kind of reach, so it's very important to us, and a big distinguishing feature of our firm," Kuzz says. "It's not just a directory for us; when I refer a client, it's to a lawyer that I've ac- tually met and know." But it's closer to home where Young says his firm makes the biggest impact on the employ- ment law market: in its direct dealings with clients. "We just strive for superior service at competitive rates, and I think we've been pretty success- ful with that," he says. At Sherrard Kuzz, the firm's co-founder says the commit- ment to providing good value service to clients starts early. "We have a very robust stu- dent program, and we train them to be practising lawyers from the moment they walk through our doors, sometimes after just a year of law school. They're not the kind of summer students that spend their whole time watch- ing without doing any actual work. They get their hands into things," Kuzz says. "Our clients understand that when they have a junior lawyer from our firm, they're going to have as much ex- perience as a fourth- or fifth-year lawyer at other firms. We're able to offer an incredible depth of experience at a much lower price point, which is very attractive for clients." LT labour and employment boutiques Amanda is an experienced litigation lawyer who brings extensive knowledge and practical expertise in all facets of personal injury law and litigation. Prior to joining BridgePoint, Amanda practiced with Paul Lee & Associates, a boutique firm that specialized in both defence and plaintiff personal injury law. After a brief period of insurance defence work, Amanda shifted her focus to advocating for the rights of injured Plaintiffs and spent the balance of her career at Paul Lee running a successful practice. Amanda obtained her Bachelor of Laws degree from Osgoode Hall Law School at York University and her Bachelor of Arts degree from the University of Western Ontario. She was called to the Ontario bar in 1997. As Chief Risk Officer, Amanda will play a lead role in our business by providing insight and knowledge of personal injury practice as well as litigation risk management. She brings a wealth of experience at a time of exceptional growth in BridgePoint's business amidst transformation and legislative change in the personal injury arena. BridgePoint is Canada's leading provider of innovative financing and risk management solutions that meet the specialized needs of legal claimants, their law yers and the exper ts involved in developing their claims, each designed to facilitate access to justice for our clients. 1 8 8 8 8 0 0 4 9 6 6 • bridgepoint.ca Amanda E. Bafaro B.A., LL.B. CHIEF RISK OFFICER is pleased to announce that Amanda Bafaro has joined our team as Chief Risk Officer. BridgePoint Financial Group Untitled-2 1 2016-05-04 11:42 AM 82 Scollard Street, Toronto, Canada, M5R 1G2 Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Ball Professional Corporation Referrals on behalf of employees and employers respected Contact Stacey Ball at web: www.staceyball.com (416) 921-7997 ext. 225 or srball@82scollard.com all_LT_Nov7_11.indd 1 11-11-08 11:44 AM If we have a client whose head office is in Toronto, but they're doing work in Panama, we can integrate very easily. . . . We get tremendous opportunities to see different perspectives from the U.S., South America, and Europe. It has been an exciting and refreshing experience for me. Barry Kuretzky Erin Kuzz says things are changing and competition is coming from different plac- es that it hasn't before.

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