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Kelley McKinnon is a partner and head of the securities litigation practice at Gowlings' Toronto office.
Formerly the Deputy Director of Enforcement and Chief Litigation Counsel at the Ontario Securities Commission, Kelley litigated some of the most complex securities cases in recent years, including the OSC intervention on Danier Leather at the Supreme Court of Canada. At the OSC, Kelley provided strategic direction for enforcement prosecutions, civil litigation affecting the Commission (including class actions) and compliance and registration disputes. Kelley was a member of the Canadian Securities Administrators Enforcement Committee and has lectured extensively at the North American Securities Administrators Association. At the OSC from 2003 to 2008, Kelley brings an unprecedented depth of knowledge and insight into securities litigation, regulatory compliance and ways to effectively deal with multiple regulators in Canada and abroad.
Since joining Gowlings in November 2008, Kelley has conducted highly sensitive internal corporate investigations, and handled multiple securities class actions, corporate disputes (including representing shareholder funds in the Magna dual share structure hearings) and defence of numerous regulatory matters. Kelley has appeared before all levels of court in Ontario and before the Supreme Court of Canada, in addition to many regulatory tribunals. She appeared on the recent Supreme Court of Canada constitutional reference to determine whether the federal government has the authority to create a single securities regulator for Canada. Kelley acted for the intervener, the Ontario Teachers' Pension Plan Board.
In addition to her securities expertise, Kelley was a partner at another major law firm and vice chair of the litigation department, practising litigation for 13 years. She conducted complex commercial litigation, including contested banking litigation and civil fraud, international disputes under mutual legal assistance legislation, numerous regulatory hearings, and the defence of both criminal and quasi-criminal cases. She had a further specialty in privacy disputes, handling complex FOI requests and multiple proceedings before the Information and Privacy Commissioner. During her articling year, Kelley clerked to the Justices of the Court of Appeal for Ontario.
In May 2011, Kelley was appointed a member of the Ontario Securities Commission Enforcement Advisory Committee, which provides feedback and advice to the OSC on enforcement issues, including policy and procedure initiatives.
Kelley frequently comments on securities developments in the media. Her appearances include:
- CBC's Lang & O'Leary Exchange in December 2011 to discuss the SCC's decision on the proposed Canadian Securities Act. Click here to watch the segment.
- BNN's Headline in December 2011 to discuss the SCC's decision on the proposed Canadian Securities Act. Click here to watch the segment.
- BNN's Headline in September 2011 to discuss conflicts of interest for research analysts. Click here to watch the segment.
- BNN's Headline in September 2011 to discuss Sino Forest. Click here to watch the segment.
- BNN's Headline in August 2011 to discuss OSC issuing a cease trade on Sino Forest. Click here to watch the segment.
- BNN's The Close in May 2011 to discuss the OSC and insider trading. Click here to watch the segment.
- CTV's W5 in October 2010 to discuss affinity fraud after 800 people in Toronto's Caribbean community lost $25 million in an alleged investment scheme. Click here to watch the segment.
- BNN's Headline in October 2010 to discuss the appointment of Howard Wetston as the new chairman of the Ontario Securities Commission. Click here to watch the interview.
- BNN's The Close in July 2010 to discuss Canada's first criminal code conviction for insider trading. Click here to watch the interview.
- Investment Executive in November 2009 to discuss the Inquiry into Financial Services in Australia, global regulation, and its potential impact on advisors in Canada. Click here to watch the interview.
- BNN's SqueezePlay in October 2009 to discuss American fraud squads. Click here to watch the interview.
- BNN in September 2009 to discuss an alleged Ponzi Scheme in Alberta. Click here to watch the interview.
- BNN in August 2009 to discuss the SEC and changes to enforcement. Click here to watch the interview (begins at the 3:55 mark).
- BNN's Headline in August 2009 to discuss the Drabinsky fraud sentences. Click here to watch part one of the interview, here for part two and here for part three.
- BNN's Market Morning in March 2009 to discuss Ponzi schemes, securities regulations and investor protection. Click here to view the interview.
Kelley is a sought after teacher and lecturer. She taught Trial Practice Skills since 1994 at Osgoode Law School and Queen's, and was a team leader at the Intensive Trial Advocacy Workshop for lawyers for many years. Since 2004, she has taught North American investigators and securities lawyers in trial skills and strategy, including the use of expert evidence and electronic evidence. She also taught corporate governance at Queen's in 2009. Kelley has made numerous presentations on securities class actions, regulatory defence strategies, the conduct of investigations, the strategic challenges of multiple investigations or proceedings across borders, managing regulatory proceedings for best results, and business strategies for risk and governance practices. Sample presentations include:
- Protecting Privilege and Other Challenges in Regulatory Investigations and Internal Investigations (private financial institution program), January 24, 2012
- Uncovering Current Developments in Fraud Enforcement and Litigation: Ponzi Schemes, Boiler Room Activities, Social Networking Schemes and Others, Canadian Institute's Securities Litigation and Enforcement Conference, October 27, 2011
- Enforcement and Deal Litigation Strategies: Successful Tips and Lessons Learned, Insight Securities Conference, September 20, 2011
- The Care and Feeding of Whistleblowers: Implications of the Dodd-Frank Act in the United States and Elsewhere, ABA panel on White Collar Crime, August 5, 2011
- Update on Securities Class Actions, Gowlings' Class Actions Against Financial Institutions: Trends and Defense Strategies Webinar Series, May 10, 2011
- Canadian Corporate Counsel Association: Conducting Internal Investigations, April 4, 2011
- Directors' and Officers' Liability: Insurance Markets and Claims in 2011, Marsh Breakfast Seminar, Vancouver, January 25, 2011
- Securities Compliance, Disclosure, Litigation Risk: Protect Your Company and Yourself (emphasis on securities class actions and regulatory matters) at AME Pre-Conference Seminar: Are You Protected? Legal Risks in the Mining Industry, Gowlings Seminar, Vancouver, January 23, 2011
- Viva Voce Evidence and Advanced Issues, The Advocates' Society's Civil Litigation Skills Certificate Program: Evidence for Litigators, Toronto, December 9, 2010
- An Introduction to Regulatory Investigations, The Canadian Institute's Conducting Regulatory Investigations: Practical Skills and Legal Guidance Course, Ottawa, November 29-30, 2010
- Securities Class Actions, ACC Canada Class Action Lawsuits Seminar, Gowlings Toronto, November 18, 2010
- Recent Trends in Directors' and Officers' Exposures, Marsh 2010 RIMS Canada Conference, Edmonton, AB, September 28, 2010
- National Securities Regulator: Examining the Proposed Model, Toronto Board of Trade Panel Presentation, September 22, 2010
- Fraud Schemes in Canada, PLUS Professional Liability Underwriting Society - Toronto Educational Workshop, Hilton Toronto, June 3, 2010
- Securities Enforcement: Facts and Strategies You Need to Respond to Regulators, NERA Client Seminar, Toronto Board of Trade, May 12, 2010
- Comparative Perspective on Derivative Actions in the U.S. and Canada, speaker with Hon. Donald Parsons and Bruce Jameson, ABA Conference, Denver, CO, April 22-24, 2010
- Behind the Scenes Advocacy, The Advocates' Society's The Real Battleground in Securities Litigation: Advocacy Outside the Hearing Room, April 22, 2010
- Assessing Current and Future Risks, Board Risk Management Conference, April 20, 2010
- The Practical Guide to Law, Procedure and Strategy, Osgoode - Injunctions, April 19, 2010
- Securities Enforcement Issues - U.S. and Canada, Cross-Border Litigation Forum, March 1-3, 2010
- Don't Forget the Shareholder: Activism and the New Financial Order, The Canadian Institute's Securities Superconference, February 23, 2010
- Assessing/Calculating Securities Claims and Damages, Seminar at Gowlings Toronto, January 28, 2010
- Directors' and Officers' Liability: Recent Developments of Importance, article in Guide to the Leading 500 Lawyers in Canada, November 11, 2009
- Extraterritorial Jurisdiction/Venue Over Companies and Individuals, American Bar Association, National Institute on Securities Fraud, Washington, D.C., October 2009
- How Directors' and Officers' Liability Insurance is Being Affected by the Current Economic Turmoil, Marsh Calgary Breakfast Seminar, June 23, 2009
- Regulatory Risk: Regulatory Mazes and Enforcement Action, article in MarketCaps@Gowlings, June 4, 2009
- After the Crash: The Future of Securities Regulation, Financial Executives International (Ottawa, Calgary, Vancouver, Toronto, Montreal), February 2009
- Innovative Remedies in Securities Firm Insolvencies: Portus Alternative Asset Management, 5th Annual Review of Insolvency Law Conference, Vancouver, British Columbia, February 2008
- Litigation without Borders: The Perils of Multi-Jurisdictional Securities Investigations and Proceedings, The Advocates' Society Annual Fall Convention, November 2007
- Class Action Forum - Pre-Emptive Business and Legal Strategies, Conference Board of Canada, October 2007
- Sears Canada Impact and Implications, Osgoode Hall Law School, Canadian Securities Law Update 2007, Toronto, Ontario, January 2007
- Litigation is a Dangerous Business: The Enron Convictions and their Implications in Canada, Canadian Institute Advanced Forum on Securities Litigation, Toronto, Ontario, November 2006
- The Future of Litigation and Enforcement, The 12th Queen's Annual Business Law Symposium on Taking Stock: Challenge and Change in Securities Regulation, October 2005
- Hollinger Unbuttoned, International Bar Association Annual Meeting, Prague, Czech Republic, September 2005
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