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Wendy Berman Picture

Email to Wendy Berman Wendy Berman

Partner

OfficeToronto

t: 416 860 2926
f: 416 640 3107
e: send email

Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON  M5H 3C2
Canada

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Expertise

Year of Call

Ontario, 1992;
British Columbia, 2015

Education

LL.B., University of Toronto, 1990

Wendy Berman

"Sensible, innovative and hard-working."
- Client Testimonial, Chambers Global

Wendy Berman, a senior partner in the Toronto office of Cassels Brock, is recognized as one of Canada’s leading securities litigators by Chambers Global, the Canadian Legal Lexpert Directory, the Lexpert Guide to the Leading 500 Lawyers in Canada, the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada and Best Lawyers in Canada. She has extensive experience in complex commercial and securities-related litigation, often involving parallel and cross-border regulatory, criminal and class action proceedings. Wendy regularly provides strategic advice and representation to companies and their directors and officers in all aspects of matters relating to allegations of corporate misconduct, including internal and external investigations. She has represented public companies and directors and officers in some of Canada’s largest investigations and proceedings involving disclosure violations, insider trading and other fraud-related allegations, corruption and anti-bribery, shareholders’ remedies, litigation aspects of proxy contests, take-over bids and other acquisitions, corporate governance (including directors’ and officers’ liability) and securities class actions.

Wendy's experience includes representing:

  • A public resource company in litigation and regulatory aspects of a contested proxy contest for control of the board of directors
  • A founding shareholder in successfully contesting a multi-billion dollar acquisition transaction
  • A public financial services company in a securities class action and regulatory investigation (with parallel US class action) alleging various financial and other disclosure violations
  • A public mining company in litigation and regulatory aspects of a hostile takeover bid
  • A public gold resource company in a securities class action (with parallel US class action) alleging misleading and inaccurate financial and operation disclosure in various public filings and statements
  • A senior officer of a public resource company in an internal and external police and securities regulatory investigation involving disclosure violations and allegations of foreign corrupt practices 

Accomplishments

In 2013, Wendy received the Lexpert Zenith Award, honouring leading women lawyers. In 2010 and 2011, Wendy was the Canadian recipient of the International Law Office (ILO) Client Choice Award for exceptional legal work and client service in the category of Litigation. Chosen from a pool of more than 2,000 nominees identified by corporate counsel worldwide, she was cited by her clients as providing real business value above and beyond other lawyers in the market based on the following criteria: quality of legal advice, value for money, commercial awareness, effective communication, response time, billing transparency, tailored fee structures, sharing of expertise and use of technology.

Wendy is also the co-author of the Canada chapter of The International Investigations Review (5th edition), published by Law Business Research Ltd. in July 2015.

Client Commentary

  • "[I]nsightful and creative, [Wendy] understands our company and our needs and strategically plots how best to advocate on our behalf." - Chambers Global (Dispute Resolution)
  • "Sensible, innovative and hard-working." – Chambers Global (Dispute Resolution)
  • "She is just outstanding." – Chambers Global (Dispute Resolution: Class Actions)
  • "She is one of a kind and understands everything." – Chambers Global (Dispute Resolution)
  • "Wendy has a very bright mind and she can easily grasp complex issues and hone in on the salient points." – ILO Client Choice Awards
  • "I have seen her ability to quickly understand complex financial issues that have stunted other so-called 'experts.' " – ILO Client Choice Awards
  • "Wendy keeps us informed of progress, filters out the noise, and flags the essential elements that require action." – ILO Client Choice Awards
  • "Wendy has the ability to move between the court room and the board room, providing the right level of communication to the senior management team and board members." – ILO Client Choice Awards
  • “What distinguishes her is her ability to develop a rapport with clients.” – Chambers Canada (Class Actions)
  • “In addition to her sharp legal skills and commercial knowledge, Wendy is exceptionally friendly and sensible. She clearly loves doing the work that she does and her dedication and interest in the work are infectious.” – Chambers Canada (Litigation: Commercial)

ACHIEVEMENTS ACHIEVEMENTS
  • Chambers Canada (Dispute Resolution: Ontario; Dispute Resolution: Class Action (Defence); White Collar Crime & Government Investigations)
  • Chambers Global  (Dispute Resolution: Ontario)
  • Canadian Legal Lexpert Directory (Securities Litigation; Corporate Commercial Litigation)
  • Benchmark Litigation 2016 (Litigation Star: Securities; Top 25 Women in Canada)
  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada  (Securities Litigation)
  • Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada  (Securities Litigation; Corporate Commercial Litigation)
  • The Best Lawyers in Canada (Securities Law – Litigation; Class Action Litigation)
  • The Legal 500 Canada (Dispute Resolution)
  • Martindale-Hubbell, BV Distinguished™ rating
  • Lexpert Zenith Award (2013, Leading Women Lawyers)
  • International Law Office Client Choice Award (ILO) (2010 and 2011, Client Service)
ASSOCIATIONS ASSOCIATIONS
  • Canadian Bar Association
  • Ontario Bar Association
  • The Advocates' Society (Board of Directors)
  • Toronto Lawyers Association
  • Women's Law Association of Ontario
  • Ontario Securities Commission (Securities Proceedings Advisory Committee)
  • Women’s White Collar Defense Association (Co-Chair)

 

Publications, Newsletters and Articles Publications, Newsletters and Articles

No New Duty, No Negligence: Ontario Court Dismisses Class Action Certification Motion Against Underwriters

Facilitating the End of Facilitation Payments

Canadian Securities Litigation Outlook 2017: Trends to Watch for Capital Markets Participants

They're Watching: Securities Regulators Announce Increased Scrutiny of Conflict Transactions

Here, There, or Anywhere: Supreme Court Consideration of Contractual Forum Clause May Impact Enforceability of Corporate Exclusive Forum By-Laws

A Stitch in Time Saves Nine: The Ontario Securities Commission Approves Two Additional No Contest Settlements

Court of Appeal Confirms Importance of Proper Corporate Process and Disclosure in M&A Transactions; Overturns Approval of US$2.3 Billion Merger Between InterOil and ExxonMobil

No-Contest? No Problem - OSC Approval of Fifth No-Contest Settlement Confirms Regulatory Commitment to Efficient Resolution of Enforcement Cases

Will the OSC Whistle-blower Program Change the Game or Just Get Played?

Supreme Court of Canada Weighs in Favour of International Cooperation in Foreign Corruption Investigations – Upholds Immunity for Non-State International Actors

Canadian Securities Litigation Outlook 2016: Trends to Watch for Capital Markets Participants

Underwriters not Gatekeepers in Secondary Market Liability Regime

The Supreme Court of Canada Releases Decision in Securities Class Actions: Provides Clarity on Leave Threshold

The Self Reporting Calculus for Foreign Corrupt Practices - The Math is Still Opaque in Canada

Canada's Corruption of Foreign Public Officials Act: Mitigating Old and New Risks

Risky Business: A Primer on Canada's Foreign Anti-Corruption Enforcement Regime

Ontario Superior Court of Justice Sentences First Individual Convicted Under the Corruption of Foreign Public Officials Act

Amendments to Canada’s Foreign Corruption Laws Have Arrived

Proposed Amendments to the Corruption of Foreign Public Officials Act Will Have a Significant Impact on Canadian Companies Doing Business Abroad

Conferences, Speaking Engagements, Events Conferences, Speaking Engagements, Events
PRO BONO/COMMUNITY INVOLVEMENT PRO BONO/COMMUNITY INVOLVEMENT
  • Canadian Partnership for Stroke Recovery (Board of Directors)
  • The Advocates Society (Board of Directors)