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Partner at the firm Davis LLP
Areas of Practice
Litigation - Commercial; Litigation - Class Action; Regulatory & Administrative Law; Energy & Utilities
University of Toronto, LL.B., 1994
McGill University, B.Com., 1991
Kelly Friedman specializes in litigation and regulatory law, and is considered one of the country's foremost e-discovery lawyers. She was recently named one of Canada's "Top 25 Most Influential Lawyers" by Canadian Lawyer magazine.
Ms. Friedman specializes in litigation and regulatory law. Her litigation experience includes shareholders' disputes, oppression proceedings, commercial fraud, contract interpretation and class actions. With respect to her regulatory practice, she has particular expertise in the energy sector. Ms. Friedman has appeared before the Ontario Energy Board and the Ontario courts regarding the regulation of Ontario's electricity industry.
Ms. Friedman is the current chair of the steering committee of Sedona Canada, the non-profit group responsible for the set of e-discovery (electronic discovery) principles which are incorporated by reference into the Ontario Rules of Civil Procedure.
Ms. Friedman's class action experience has spanned the energy, pharmaceutical and securities sectors. She has appeared before all levels of Ontario Courts and before the Supreme Court of Canada.
Some of the clients for whom Ms. Friedman has acted are:
· Bell Canada International Inc. in the defence of three class proceedings involving securities and oppression issues
· Elli Lily Canada Inc. in a regulatory proceeding before the Patented Medicine Prices Review Board and in a product liability class action
· Toronto Hydro as an intervener before the Supreme Court of Canada in a challenge to gas distributors' late payment policies based on the Criminal Code
· Named to Canadian Lawyer's Top 25 Most Influential Lawyers in Canada list, August 2011. The "Top 25 Most Influential" is a recognition of lawyers who have played a significant role in the legal profession and Canadian society.
Directorships, Memberships & Professional Activities
· The Sedona Conference® Working Group 7 (Sedona Canada), Chair, Steering Committee
· The Sedona Conference® Working Group 6 (International Electronic Information Management, Discovery and Disclosure) and lead editor of Canada section of Working Group 6 wiki (http://www.socialtext.net/wg-6/index.cgi)
· Law Society of Upper Canada
· The Advocates' Society
· Canadian Bar Association
Publications & Seminars
· "Lawyers on the Move ", Law Society of Upper Canada conference on "Conflicts of Interest in Your Litigation Practice", co-presenter, April 2011.
· "Minimizing Privacy Risks in E-Discovery", 2nd Annual LegalIQ eDiscovery Canada conference (co-presenter), March 2011.
· "Forging an Effective Working Relationship Between Legal and IT", 2nd Annual LegalIQ eDiscovery Canada conference (co-presenter), March 2011.
· "Current Jurisprudence in Electronic Discovery", Guest lecture presented to the Institute of Law Clerks of Ontario, February 8, 2011.
· "The Osgoode Short Course in Obtaining, Producing and Presenting Electronic Evidence", Conference Co-Chair, January 24 & 25, 2011.
· "Ethics and E-Discovery", Guest lecture presented to the Law School of the University of Western Ontario, Comparative (U.S./Canada) E-Discovery Course, November 18, 2010.
· "High Level Strategic Issues in E-discovery," presented to the Advocates' Society Fall Convention, November 2010.
· "Managing Litigation Risk with Document Management", 5th Directors' and Officers' Liability Course, (co-presenter), March 2010.
· "Obtaining, Producing and Presenting Electronic Evidence," (conference co-chair), Osgoode Professional Development Centre, February 2010.
· "Electronic Evidence at Trial," The Advocates Quarterly, November 2009.
· "Protecting Privilege and Your Pocket Book in E-Discovery" (co-author: Chuck Rothman) in Leg@l TI - Droit et Technologies de l'information, Association du jeune Barreau de Montréal, Éditions Yvon Blais, 2008.
· Introduction to E-Discovery in Canada, LexisNexis Canada, 2008.
· "Someone Else's E-Discovery Nightmare," Slaw, September 2007.
· "E-Mail Retention: Striking the Right Balance," Counsel to Counsel, September 2006.
· "Lessons Learned from U.S. and Cross-Border Discovery," Law Tech Canada, November 16-17, 2009.
· "Document Retention, Destruction, Production," (co-lecturer), Managing the Liability Risk of In-House Counsel, October 21-22, 2009.
· "Practicalities of Managing Class Actions Litigation and Conducting E-Discovery," (panellist), 10th Annual National Forum on Class Actions Litigation, The Canadian Institute, September 23-24, 2009.
· "Managing the Costs of Collection and Processing of E-Discovery," Getting Ahead of the E-Discovery Curve, 2nd Annual Sedona Canada Conference, The Sedona Canada Institute, September 16, 2009.
· "Obtaining, Producing and Presenting Electronic Evidence at Trial," (course leader and presenter), Osgoode Hall - York University, June 10-11, 2009.
· "Avoiding E-Discovery Obstacles and Cost Overruns", 5th Advanced Forum on Commercial and Civil Litigation, Finding Your Way Through the Ontario Courts' 2010 Odyssey, Insight Information, May 28-29, 2009.
· "Avoiding the Risks in Electronic Discovery - Litigation Readiness," (co-speaker), Managing Information in the Public Sector - Meeting the Challenge, Ontario Public Sector Information Management Conference, Toronto, April 28-29, 2009.
· "Recent Developments in Contract Law," Negotiating and Drafting Major Business Agreements, Insight Information, February 2-3, 2009.
· "Contract Interpretation - Recent Developments in Contract Law, Negotiating and Drafting Major Business Agreements," Major Business Agreements, Insight Information, December 5, 2008.
· "Complex Litigation: Multi-party, Multi-Jurisdictional, Class Actions and Other Complications," Getting Ahead of the E-Discovery Curve, 1st Annual Sedona Canada Conference, The Sedona Canada Institute, October 23-24, 2008.
· "The Sedona Principles Addressing Electronic Document Production," The Sedona Canada Institute Conference, May 8, 2008.
· "Successfully Asserting and Protecting Privilege in E-Discovery," 3rd Annual Forum on E-Document Management and Discovery, The Canadian Institute, March 4-5, 2008.
· "How to Develop and Implement and Electronic Document Retention Policy that Works for Your Company," (Chairperson), Document Retention and E-Discovery - Best Practices for Canadian Corporations, Marcus Evans Conference, October 20, 2006.
· "Optimizing Your Protocols for Effective E-Data Management," (Chairperson), The Legal and Strategic Guide to E-Discovery, March 28-29, 2006.
· "Mitigating cloud computing risks", Canadian Legal Newswire, July 25, 2011.
· "E-discovery grows as digital information spreads", Law Times, May 9, 2011.
· "E-trials seen as 'essential' for justice in the future", The Lawyers Weekly, April 22, 2011.
· "A Question of Proportionality", Canadian Lawyer InHouse, April 2011.
· "Drowning in Data", The Lawyers Weekly, January 28, 2011.
· "Records Management Key To Navigating Lawsuits," National Post, July 7, 2010.
· "The E-discovery Shift," Canadian Lawyer InHouse, June 1, 2010.
· "New Rules Require 'Cultural Shift'," Law Times, March 15, 2010.
· "New Rules Give Business a Break On Discovery," Law Times, October 19, 2009.
· "The Age Of E-discovery," Lawyers Weekly, May 1, 2009.
· "Retaining e-Documents Without Losing Your Mind," Canadian Lawyer In-House, August 1, 2008.
· "Meta What?," Canadian Lawyer, July 1, 2008.
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