There’s hardly a corporate legal problem that Ken hasn’t had to deal with in his 35-year long career, and he brings a wealth of “C-level” law experience to issues he helps clients deal with now as Counsel to the firm.
“My corporate career enables me to really be in a client’s shoes when we’re dealing with a serious issue,” Ken observes, “because I’ve been in their situation so I know what they’re thinking and feeling. At the same time, my work history enables me to give solid, dispassionate advice in what is sometimes a very upsetting period for the client.”
Ken served as Senior Vice President, Chief Legal Officer, Corporate Secretary and a Director of Biovail Corporation, a leading international pharmaceutical company traded on both the Toronto Stock Exchange and the New York Stock Exchange during a period of high-profile problems at the company. Both as a senior lawyer and a senior executive, Ken was responsible for a significant number of key projects including representing the company through Securities and Exchange Commission investigations as well as investigations launched by the Ontario Securities Commission.
He led a team defending against class action suits over the marketing of some products as well as during an investigation by the Office of the Inspector General over similar issues. Ken represented the company at Federal Trade Commission reviews looking into Biovail’s corporate activities, and its’ buying and selling of products and intellectual property.
Ken also led a team in prosecuting hedge funds that were purportedly manipulating the company’s stock, represented the company in Hart-Scott-Rodino filings, and acted in patent litigation proceedings both attacking patents and defending patent protections.
Ken also held the position of Executive Chairman of another public company in the health care sector, where he formulated and implemented strategic plans for product development.
Since entering private practice, Ken developed extensive experience in complex commercial litigation, alternative dispute resolution, investigations by security regulators, and seeking injunctions and injunctive relief. He also has extensive experience in tax litigation.
Ken has participated in local and international mediations and arbitrations, and served as lead counsel retained by various Federal government departments on highly visible and important trial and appellate cases. He’s also acted for a number of Crown Corporations providing day-to-day advice.
Ken muses that “an old Kenny Rogers song about ‘know when to hold ‘em, know when to fold ‘em, know when to walk away’ really is a guiding principle in being an advocate for a client. Perhaps the best advice I can sometimes give involves knowing when to tell a client to fight something tooth-and-nail and when it’s time to negotiate a settlement.”
He’s represented numerous large, well-known and highly regarded private and public corporations at all levels of trial and appellate work from administrative tribunals to the Supreme Court of Canada. He graduated with a Juris Doctor from the University of Toronto and received a Masters of Law degree from Osgoode Hall.
In addition to his love for the law, Ken has a passion for writing. He has recently published his first novel “Finding Marco” and is busy writing a sequel.
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