Clara Hughes 7 Montréal and Toronto Offices Hold Alumni Gatherings 8 Ebb and Flow Read Alumnus Abhi Jalan’S Postcard from Dubai, Page 4
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Keeping Alumni and Other Friends Connected Summer 2008 the osler link 2 Litigator Appointed Vice-Chair of the OSC 3 Osler Alumni at the OSC 4 Postcard From Dubai 6 Osler Sponsors Olympic Speed Skater Clara Hughes 7 Montréal and Toronto Offices Hold Alumni Gatherings 8 Ebb and Flow Read alumnus Abhi Jalan’s postcard from Dubai, page 4 Greetings This issue of The Osler Link is peppered with a number of “firsts.” Former Osler partner, Larry Ritchie, is the first litigator to be appointed as a Vice-Chair of the Ontario Securities Commission directly from practice. Drawing on his Osler background and work in the enforcement branch while seconded to the OSC in 1993, he brings a unique perspective to what has traditionally been a corporate finance position. Read about what has surprised and sustained Larry during the first year of his five-year term. Our Montréal and Toronto offices have each Clara Hughes, the only Canadian to win medals at celebrated alumni “firsts.” The Montréal office held both the Summer and Winter Olympic Games, will its inaugural alumni event in November of last year be defending her speed skating medals at the 2010 and the Toronto office held its first “Year of Call” Vancouver Games and Osler will be along for the dinner this past February. (More to come.) ride. The spirited and highly disciplined athlete vis- ited Osler’s Montréal and Toronto offices this spring Abhimanyu (Abhi) Jalan has always known that to share her experiences and sign autographs. We he would end up in business. A former associate spoke with this accomplished Canadian Olympian in Osler’s Corporate Practice Group, Abhi is now a about Osler’s sponsorship and her training regimen. partner at Clyde & Co. Focussing on cross-border mergers and acquisitions, he has practised law in This is the first issue of The Osler Link that is avail- Canada, England and India, and has been based able in electronic format on osler.com. We welcome in Dubai for the past four years. Find out how Abhi your feedback and suggestions and would be happy has overcome the business and cultural challenges to share news of your “firsts” with your fellow of these diverse markets. alumni. Drop us a line at: [email protected]. terry burgoyne Chair, Osler Alumni Committee Osler, Hoskin & Harcourt llp “ My background as a litigator and my experiences at Osler have provided a unique and helpful perspective. I tend to look at things from a different angle from Vice-Chairs with a more traditional law background.” larry ritchie Litigator Appointed Vice-Chair of the OSC “Sometimes it’s easier when you’re given a “My background as a litigator and my experiences perspective to advocate,” observes former Osler at Osler have provided a unique and helpful partner, Larry Ritchie. Appointed as a Vice-Chair perspective. I tend to look at things from a differ- of the Ontario Securities Commission in late ent angle from Vice-Chairs with a more traditional February 2007 for a five-year term, Larry has law background,” he says. “One of the great things more than 20 years’ experience working as a about having been a litigator in the securities litigator – and advocating a given perspective – regulatory area,” he notes, “is that I got to see on enforcement-related matters for public com- and be involved with a number of relevant corpor- panies and their officers, directors and boards. ate and market-related issues that continue to arise from a policy point of view since I joined the Larry Ritchie He describes his current role sitting on adjudicative Commission. My experience with the securities law tribunals that hear enforcement and other enforcement regime, seen from a defence perspec- securities matters as a humbling and challenging tive, has been absolutely invaluable in terms of exercise. “Now, my role, in part, is adjudicating adjudicating and policy making.” rather than litigating matters,” he says. “As a decision-maker, I have to weigh all aspects of an Not surprisingly, Larry also sees good corporate issue and make a decision, factoring in the public governance and good corporate practices through interest, which is the number one priority.” the lens of a litigator. “Often, I see or approach an issue from a risk management perspective and see Another day-to-day challenge comes from good corporate governance, at least in part, as one balancing his adjudicative function with being that encourages and facilitates an appropriate re- a policy-maker and member of a 13-person sponse in times of crises.” He adds, “It is crucial Commission/Board of Directors which oversees that boards and management deal promptly and the operations of the OSC. “Each of those areas effectively with conflicts of interest and other is a full-time job,” Larry points out. extraordinary issues as they arise on behalf of Larry is the first litigator to assume the position shareholders. My ‘risk management’ point of view of Vice-Chair (which has largely been a corporate has been very much informed by my experiences finance position) directly from practice. Larry’s as a litigator.” Co-Vice-Chair, Jim Turner, had a corporate finance During his secondment to the OSC in 1993 as an background. Howard Wetston, who was an OSC investigator and litigator in the Enforcement Vice-Chair from 1999 to 2003, had been a federal Branch, Larry got a feel for the staff point of view – court judge and, before that, Director of Investiga- what’s done on a day-to-day basis on the ground, tion at the Bureau of Competition Policy, prior to whether in the area of enforcement or policy, and his appointment. the difficulty that that entails. “I got a sense of the dynamic between various branches,” Larry points page 2 summer 2008 Osler, Hoskin & Harcourt llp out. “All of that has helped me in meeting what What has pleasantly surprised him in his new was and still is a steep learning curve as one of role so far is the breadth, diversity and complexity four executive team members.” of the issues that he deals with every day. He’s also taken by how much effort is made to try to Ultimately, the real challenge for him is in con- harmonize initiatives of the OSC with those of the stantly and appropriately balancing the Commis- other 12 securities regulators across the country. sion’s dual mandate. “The Securities Act imposes Larry finds working with the other three members two expressed mandates on us,” he explains. “They of the OSC executive “terrific and easy,” but he has are the protection of investors against fraud and not forgotten his Osler friends and colleagues. “I the fostering of fair and efficient capital markets in really enjoyed the collegiality at Osler, working Ontario. The protection of investors, particularly with and seeing my many friends there on a day-to- retail investors, is absolutely essential in everything day basis,” Larry enthuses. we do; but, at the same time, we need to be sensi- tive so as not to choke off legitimate areas or means “One of the things I do miss,” he adds, “is working of raising capital that are necessary to keep the with the students and associates at Osler as Chair economic engines of this province running.” of the Student Committee. I enjoyed getting them involved in matters and learning from their diverse Since his arrival, Larry has had an extremely busy perspectives. We all recognize how important it is year. “Clearly, one of the main issues that we’ve all to give more junior people training and mentoring been involved in is enforcement and how to bolster opportunities. The students and associates I worked our efforts in proactively protecting investors with at Osler always brought valuable insights and through our ongoing compliance and enforcement perspectives to the table.” efforts,” Larry says. “We’ve also been involved in a number of retail investor protection issues and, of course, the market uncertainty surrounding the U.S. sub-prime matter. Closer to home, the ABCP development has had an impact on the markets and, therefore, our activities,” he adds. Osler Alumni at the OSC Our working relationship with the OSC is pei-ching huang, Legal Counsel, Investment important to us and to our work. Over the years, Funds Branch (2002-2004, Osler Corporate we have had a tradition of Osler lawyers being Associate) either employed by, or seconded to, the OSC. margo paul, Director, Corporate Finance Branch A brief and current roll-call, including position (1986-1991, Osler Corporate Associate) and branch/office, follows. (Dates worked in Osler’s Toronto office and area of practice at david surat, Senior Legal Counsel, Corporate time of departure are provided in parentheses.) Finance Branch (2000-2005, Osler Technology Business Group Associate) michael bennett, Senior Legal Counsel, Corporate Finance Branch (1992-1997, Osler Corporate elizabeth topp, Legal Counsel, Corporate Finance Associate) Branch (1999-2000, Osler Corporate Associate) julie cordeiro, Legal Counsel, Corporate Finance stephanie tjon, Legal Counsel, Corporate Finance Branch (2004-2008, Osler Corporate Associate) Branch (2005-2006, Osler Corporate Associate) robert gates, Legal Counsel, Investment Funds simon thompson, Senior Legal Counsel, Branch (2002-2005, Osler Tax Associate) General Counsel’s Office (2000-2004, Osler Tax Associate/Partner) Osler, Hoskin & Harcourt llp page 3 summer 2008 “ We did a lot of interesting work [at Osler]. It was an excellent work environment, with very good people and great training.” abhimanyu jalan Postcard From Dubai Abhimanyu (Abhi) Jalan, a former associate in Despite these obstacles, Jones Day’s Delhi office Osler’s Toronto office, has always been keenly grew quickly.