Keeping Alumni and Other Friends Connected Spring/Summer 2007 the osler link 2 Osler Alumni Embrace the Tech Sector 4 Ebb and Flow Greetings In reviewing our alumni records, we noticed that a number of Osler alumni have gravitated to the technology sector. A former partner in our Calgary office is now a partner in a venture capital firm that funds technology start-ups. A record four former Osler associates – three from our Toronto office and one from our Montréal office – are now corporate counsel at Microsoft. Likewise, the Vice President and Canadian General Counsel for a leading provider of visual information systems was an associate in our Toronto office and the Vice President, Business Development of a major player in the server consolidation and virtualization field was an associate in our Ottawa office. We caught up with these Osler alumni to find Until then, we’d be delighted to hear from you. out what they’re up to and how their Osler Drop us a line so that we can spread your good experiences have shaped their present work. news with your fellow alumni at: We also asked for their views on the state of [email protected]. the tech sector. Their intriguing observations terry burgoyne comprise the centre spread of this issue. We Chair, Osler Alumni Committee hope that you enjoy reading about their pursuits as much as we enjoyed hearing about them. To add to your enjoyment, we’re pleased to announce that our next alumni event will be held this year on Tuesday, October 2nd. The gathering will take place at Jamie Kennedy at the Gardiner Restaurant, Gardiner Museum, Toronto. Please see Page 4. Osler, Hoskin & Harcourt llp Osler Alumni Embrace the Tech Sector The Canadian technology sector appears headed had to guide senior management on corporate for a rebound: last year, this slice of the economic governance and continuous disclosure obligations pie experienced its largest annual growth in along with fiduciary and public obligations” says employment since its unprecedented peak in Bruce. Asked how his Osler training has helped 2001. The forecast for the remainder of 2007 – him, Bruce points to “the rigour of analysis – the particularly in the tech IPO market – is optimistic standards Osler sets for understanding and investi- Christian Erickson both in Canada and in the global arena. gating issues and then having the confidence in the advice and results to stand up and take a firm line.” It’s no wonder, then, that a number of Osler alumni Now Vice President and Canadian General Counsel have immersed themselves in this rejuvenated for L-3 Communications, a world leader in the sector in various capacities – as corporate counsel, provision of dynamic visual information and in management roles for major technology players the sixth largest defense company in the United and as partners in venture capital firms funding States, Bruce identifies the ease with which technology start-ups. We caught up with a handful electronic information is disseminated and passed of alumni to chat about their work, their Osler days on as a real concern in the tech sector. “People Bruce Latimer and the state of the technology industry. Here’s think nothing of just automatically sending some of what they had to say: electronic data to people because they ask for it,” A former partner in the Calgary office of Osler’s says Bruce. “Like sharing music files, they don’t Business Law Department who began his career even think about whether the information may in the Toronto office, christian erickson started be proprietary or protected,” he adds. Vancouver-based Pangaea Ventures Ltd. with a nadine letson identifies “staying on top of a friend from business school just as the stock market broad range of products and services day-to-day” went from boom to bust in early 2001. Chris says as a real challenge in the tech sector. A fifth-year that “the real challenge for private technology associate in the Toronto office of Osler’s Nadine Letson companies these days is deciding whether to go Technology Business Group before joining the public or be purchased at a reasonable price.” legal department at Microsoft Canada Co. in the For Pangaea, a North American venture capital spring of 2002, Nadine also notes that “staying firm focused on advanced materials, “generating abreast of the various provincial and federal revenue, qualifying the product and getting privacy laws and the decisions that interpret customers” are ongoing hurdles, explains Chris. those laws can be a challenge for any in-house Despite the hurdles, Chris attributes Pangea’s legal department. We rely on the privacy experts success to the complementary skill set of its at Osler who also understand our business to help partners and associate. He is also quick to credit us solve privacy-related issues when they arise the negotiation and “people” skills that he honed and to provide us with a head’s up on changes and over his 12-year career with Osler and the calibre decisions that will have an impact on our business.” of talent at the firm. “There are lots of bright One of a record four former Osler associates people within 50 metres of you when you’re in a now working at Microsoft, she has relied on what firm like Osler. You walk down the hall and speak she calls the “business-friendly and focused advice” with some of the brightest minds in Canada. I miss that she gets from the professionals at Osler to some of that,” he says. hone her ability to “provide risk assessment and potential solutions and recommendations that 7 bruce latimer was an associate in the Toronto 0 0 are in line with the business goals and objectives 2 office of Osler’s Business Law Department when r e he joined Wescam as VP and General Counsel in [at Microsoft].” Nadine notes, “When you work m m 1996. He ended up as Vice President, Operations in-house, you are very much a part of the business u s / team. The other members of the team look to g before the company was sold to L-3 Communications. n i you to help them close deals and find ways to r “Wescam had just become a public company and I p s 2 e g a Osler, Hoskin & Harcourt llp p grow the business. You have to think creatively new rules apply, or do the old rules that we all and be willing to take calculated risks. Working know but assumed didn’t work in this world have and consulting with Mike Fekete and Simon to apply anyway?” Hodgett at Osler, both as an associate and now A former seventh-year associate in the Montréal as a client, has helped me to develop the skill office of Osler’s Litigation Department, Don joined set that I need to meet the needs of the business Microsoft Corporation’s government affairs teams I support.” division in Redmond, Washington in August michael hilliard was a fifth-year associate 2004. “I wouldn’t have been able to hit the ground in the Toronto office of Osler’s Franchise & running at Microsoft,” Don admits, “if it weren’t Distribution Group when he joined Nadine at for the incredibly varied practice areas to which I Microsoft in September 2003. Echoing Nadine’s was exposed working with George Hendy, Silvana sentiments about Osler, Michael says that the best Conte and Shahir Guindi.” Michael Hilliard advice he got at Osler was from Linda Robinson greg mcelheran is a former associate in the and Frank Zaid. “The business client doesn’t want Ottawa office of Osler’s Technology Business Group. to hear what they can’t do, it’s what they can do,” He became a partner in Axis Capital Corporation, he recalls. “Never say no. Say, ‘Here are the options a venture capital fund that was an Osler client, in and the legal risks associated with each.’ ” January 2004. “My time at Osler broadened my Responsible for providing trade-mark and IP exposure to tech commercial law doing primarily advice to Microsoft’s advertising and marketing software licensing and vendor-support work with business groups, Michael agrees with Nadine about Michael Fekete, Dan Logan and others on our team,” the challenge associated with “staying on top of Greg explains. “I made excellent business contacts Cory Freed extraordinarily rapid development in technology, that I’m still leveraging today.” While his current not just substantive technology (software) but also role is “more heavily weighted on the business the myriad ways it’s licensed and distributed.” side,” Greg says that his background has given him “a grounding in pure law and pure business so that cory freed was a second-year associate in the I can be very effective in both.” Toronto office of Osler’s Technology Business Group before joining Nadine and Michael at Microsoft. As Vice President, Business Development and Legal He had completed a two-month secondment to the Services of Liquid Computing, a new player in the Canadian subsidiary of a major computer hardware server consolidation and virtualization field, Greg Don McGowan supplier while at Osler and had really enjoyed the sees, “the need for increased efficiencies in data experience. “I liked being involved in the legal and centre consolidation… [as well as] managing legal the business aspects, contributing to the success of uncertainties in combining commercial products the business as a whole. I’m grateful to Osler for with open source software” as significant issues for providing me with the opportunity to experience the tech sector. “Managing partner relationships the client side of the business.” with both supply chain and customer solutions is also a pressing concern,” notes Greg, “since no one Now primarily preparing and negotiating software company is responsible for building an end-to-end licensing and services agreements for Microsoft, solution alone.” Cory says that, as in-house counsel, “in addition Greg McElheran to providing legal advice, I’m also consulted on business issues.