Arthur Hamilton has significant experience practicing in the areas of Corporate Commercial and Regulatory Litigation with a focus on anti-corruption and anti-money laundering issues, governance, and contract and business tort litigation. Within these practice areas, Arthur assists institutional clients with all types of issues and risks which result from the Corruption of Foreign Public Officials Act (“CFPOA”) and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (“PCMLTFA”). His work involves advising institutional clients, including public companies, on the conduct of internal investigations and on reviews of existing and prospective compliance programs. Increasingly, Arthur’s practice also involves advising Canadian and international clients on specific anti-corruption and anti-money laundering risks within the due diligence process of transactions.
When necessary, Arthur’s practice also includes litigating disputes which arise in the context of anti-corruption and anti-money laundering legislation. Recently, Arthur has acted as lead counsel on precedent setting decisions under the PCMLTFA both in respect of sealing orders which protected the interests of his client and regarding disclosure obligations of the government within the context of a prosecution under the PCMLTFA. Reports of these various precedent setting decisions are publicly available:
In concert with Arthur’s work for clients on anti-corruption matters, and the examination of the protocols, systems and methodologies institutional clients have developed to mitigate the risk of non-compliance, his corporate commercial litigation practise also focuses on assisting institutional clients with employment-related matters, including the enforcement of employment agreement terms and the detection and prosecution of employee misappropriation. A recent example of a case where Arthur was lead counsel to obtain a Mareva injunction on notice to the defendants who were involved in a multi-million dollar fraud against the longstanding employer is publically available:
Arthur has developed the ability to provide complete file and client management once engaged in a regulatory or litigation matter. In today’s regulatory and litigation setting, protecting the interests of clients goes beyond executing the technical requirements of the litigation or dispute resolution process put in place. Rather, the articulation of a client’s position must take into account the implications such a position will have on the broader business and reputation of the client. In the current business and economic climate, there is no question that just about any issue with which a client is faced transcends the specific boundaries of a particular regulatory or litigation process. Valued counsel work for a client includes not only the ability to understand the full measure of the issues within the regulatory or litigation process, but also those issues which are important to the client that will impact upon or be impacted by the events and steps taken within the regulatory or litigation dispute process.
In his regulatory and litigation practice, Arthur has routinely managed complex disputes and allegations involving multiple parties, multiple issues and in certain instances, multiple decision makers in various jurisdictions. In 2004 and 2005, Arthur was the lead counsel for the Conservative Party of Canada, which had intervener status at the Gomery Commission. This involved a review of more than one million documents, experts’ reports and argument of several procedural motions on items including the requested recusal of Commissioner Gomery, the breadth of parliamentary privilege and the obligations of Commission counsel in the preparation of the Final Report and Recommendations. Arthur managed the counsel team who were successful in persuading Commissioner Gomery of the linkages between the directing of sponsorship funds and a number of key fundraising representatives of the federal Liberal Party, a matter of significant concern for the public interest. Prior to and following the Gomery Commission, Arthur has managed a number of other complex litigation matters involving energy regulation, securities regulation and multi-party commercial disputes.
Arthur’s experience includes: