Partner
Sandeep J. Joshi
Sandeep combines technical legal expertise, practicality, and strategic risk management to solve critical and complex legal and business problems. He draws on his unique experience having practiced as both external and internal legal counsel to offer pragmatic and results-oriented solutions.
He specializes in leading independent, internal investigations into a wide array of alleged individual and organizational misconduct cases, representing clients facing regulatory investigations and enforcement proceedings, and helping clients resolve complex business disputes. Sandeep also acts as an Independent Investigator for Canada’s Office of the Sport Integrity Commissioner’s Investigation Unit.
Before joining KM, Sandeep was the Head of BMO Financial Group’s Canadian Corporate Investigations team and Associate General Counsel. He conducted and oversaw independent, internal investigations across Canada into all alleged isolated and systemic individual and organizational misconduct cases, including workplace policy and Code of Conduct breaches, workplace discrimination, harassment, and violence incidents, statutory and regulatory breaches, and serious criminal activity.
Sandeep previously led BMO’s Canadian regulatory legal team and was responsible for: (i) interacting with securities, privacy, consumer protection, and competition regulators, as well as law enforcement and other government agencies; (ii) submitting mandatory breach and voluntary reports; (iii) responding to regulatory investigations and related enforcement; and (iv) providing proactive compliance advice.
He was also a senior member of BMO’s Canadian litigation team after having practiced in the national litigation departments at Torys LLP and Osler, Hoskin & Harcourt LLP for over a decade.
In his career, Sandeep has gained significant experience investigating and litigating across multiple subject areas throughout Canada, including commercial matters, securities disputes, competition and consumer protection issues, privacy and data breach situations, employment and human rights claims, as well as class actions.
Internal Investigations
Sandeep has recently conducted independent, internal investigations for:
Individual and Organizational Misconduct
BMO Financial Group into alleged isolated and systemic individual and organizational misconduct across Canada ranging from workplace policy and Code of Conduct breaches to workplace harassment and violence to statutory and regulatory breaches to serious criminal activity.
A major publicly traded company into anonymous misconduct allegations against its Chief Executive Officer, including alleged breaches of multiple statutory duties, conflicts of interest, as well as breaches of the Code of Conduct and various internal policies.
A biotechnology company into misconduct allegations against its Chief Executive Officer, including alleged financial misconduct, breaches of statutory duties, conflicts of interest, and failure to cooperate with an investigation.
A real estate management and development company into allegations its Chief Operating Officer and other employees breached procurement policies.
A publicly traded company into multiple misconduct allegations against its Chief Financial Officer, including alleged financial improprieties, breaches of statutory duties, conflicts of interest, disclosure of confidential business information, and breaches of the Code of Conduct and other internal policies.
A financial institution into allegations that a division head engaged in varied misconduct ranging from breaching the company’s social media policy to expense fraud to fostering a toxic work environment.
A private equity company into alleged sexual harassment and related misconduct by an executive.
A leading technology company into an executive’s alleged inappropriate access, misuse, and disclosure of confidential business information.
A cosmetics company into alleged sexual harassment and sexual assault by a senior executive.
Canada’s Office of the Sport Integrity Commissioner into alleged psychological maltreatment, sexual maltreatment, physical maltreatment, grooming, discrimination, and boundary transgressions in Canadian sports.
Securities
An energy services company into alleged inappropriate stock option practices.
Privacy
BMO Financial Group into alleged internal and external privacy breaches involving customer and employee information, including the largest external cybersecurity and privacy breach in Canadian financial services history.
Consumer Issues
BMO Financial Group into alleged breaches of statutory consumer protection legislation.
Regulatory Investigations and Defence
Sandeep has defended:
Securities Issues
An energy services company in defending a provincial securities commission proceeding and civil proceedings related to stock option practices.
BMO Financial Group in submitting breach reports and responding to regulatory investigations and enforcement proceedings involving provincial securities commissions and the Canadian Investment Regulatory Organization.
A global real estate asset management company in addressing securities regulatory issues related to its exempt market status.
Various companies and individuals in connection with reviews, investigations, and enforcement proceedings regarding registration, compliance, and misconduct issues, including insider trading and material misrepresentations, conducted by provincial securities commissions and the Canadian Investment Regulatory Organization.
Competition and Consumer Issues
A maritime shipping company in responding to a search warrant and a price-fixing investigation under the Competition Act.
A building materials company in a price-fixing investigation under the Competition Act.
A global electronics company in a bid-rigging investigation under the Competition Act and defending a related proposed class action alleging breaches of the Competition Act.
An automotive parts company in a bid-rigging investigation under the Competition Act.
A health and fitness club in responding to a search warrant and a misleading advertising investigation under the Competition Act.
A ticketing and marketing company in a misleading advertising investigation under the Competition Act.
An energy waste services company in an abuse of dominance investigation under the Competition Act.
BMO Financial Group in unprecedented, concurrent regulatory investigations by the Office of the Superintendent of Financial Institutions and the Financial Consumer Agency of Canada into sales practices and related organizational and individual misconduct.
BMO Financial Group in submitting statutory consumer protection breach reports and responding to regulatory investigations and enforcement activities conducted by the Financial Consumer Agency of Canada.
Privacy
BMO Financial Group in submitting privacy breach reports and responding to regulatory investigations and enforcement activities conducted by the Office of the Privacy Commissioner.
Quasi-Criminal
Brewers Retail Inc. in the defence of charges laid under the Ontario Provincial Offences Act.
Search Warrants, Production Orders, and Requests for Information
Companies in responding to search warrants, production orders, and requests for information issued by various regulators.
Dispute Resolution and Litigation
Sandeep has represented:
Corporate Governance and Shareholder Disputes
An officer and shareholder in defending third party claims totaling more than $900 million for breach of statutory and fiduciary duties, breach of the duty of good faith, and oppression in connection with the failure of a prominent construction company.
A former director in defending claims for more than $160 million for breach of statutory and fiduciary duties, negligence, oppression, and conspiracy in connection with the failure of a prominent investment fund manager and related investment funds.
Commercial Disputes
ConocoPhillips Canada Resources Corp. in a successful multi-billion dollar “fast-track” arbitration involving a contractual dispute.
Canadian Natural Resources Limited in a commercial dispute regarding interests and obligations associated with the multi-billion dollar Horizon Oil Sands operation.
Manulife in the successful defence of a class action trial related to demutualization.
Sun Life in a proposed class action regarding complex contractual and statutory interpretation questions that was successfully defended in two novel test cases.
Tilray Brands, Inc. in insurance coverage disputes related to employee and third-party misconduct.
Rogers Communications Inc. in defending breach of contract and tort claims.
Magna Closures Inc. and its chief executive in defending a complex claim related to contractual/commercial issues, confidential information, and intellectual property.
Magna Closures Inc. in defending a claim involving the termination of a supply agreement and the return of associated commercial property.
Companies, executives, and employees in defending employment and human rights claims.
Competition and Consumer Litigation
United Airlines and related companies in defending proposed class actions alleging price-fixing under the Competition Act.
Ticketmaster Entertainment, Inc. and related companies in defending proposed class actions alleging civil conspiracy and unjust enrichment.
Imperial Tobacco Company in defending a multi-billion dollar claim for the recovery of health care costs.
Bayer Inc. and related companies as national, coordinating, and local defence counsel in proposed consumer class actions.
Aleafia Health Inc. and Emblem Cannabis Corporation in defending a proposed cannabis-related consumer class action.
Rockstar Inc. in defending a proposed consumer class action related to its beverage products.
Pfizer Inc. and related companies in defending consumer claims related to its pharmaceutical and animal health products.
Groupon Inc. in defending a statutory consumer class action.
BMW Canada Inc. and related companies in defending consumer and warranty claims.
Corporate Governance Risk Advisory and Crisis Management
Sandeep has advised:
Corporate Governance Risk Advisory
Organizations on enhancements to their codes of conduct, related policies, and investigative procedures and processes.
Crisis Management
BMO Financial Group on assessing litigation risk to address and resolve public and private disputes prior to formal legal proceedings.
BMO Financial Group on responding to changing legal requirements and regulatory expectations for products, services, and processes.
Addressing Anonymous and Workplace Complaints, Association of Workplace Investigators and Thompson Rivers University, Workplace Investigations In Canada (May 2024)
Governing Emerging ESG Risks and Liabilities, The Advocates’ Society, 13th Annual Securities Symposium (September 2023)
Managing Mounting Social and Reputational Risks Related to the Workforce, Canadian Bar Association (May 2023)
7 Steps for Conducting Effective Internal Securities Investigations with Good Governance, The Advocates’ Society, 12th Annual Securities Symposium (September 2022)
Documentary Requests and Production, Osgoode Professional Development, Prosecuting and Defending Professional Discipline Cases (April 2022)
Canada’s Evolving Privacy Regime: How to Prepare for New Provisions and Avoid Costly Data Management Mistakes Along the Way, Canadian Institute (November 2021)
Preparing Your Client for the Unexpected and for High-Risk Situations: Action Plan to Mitigate Liability, Canadian Bar Association – Skilled Lawyer Series (November 2021)
Design and Implementation of Investigative Protocols, DLA Piper – White Collar Crime, Investigations, and Compliance Symposium (October 2021)
Before the Claim: Fundamentals of Class Actions Law, Ontario Bar Association (June 2021)
Fairness, Accommodation, and Procedural Efficiency in Workplace Investigations, Ontario Bar Association (December 2020)
Internal and Enforcement Investigations, Northwinds Professional Institute (June 2019)
Risky Business: A Fresh Look at Sales Practices and Where We Are Now, BMO LCCG Learning Series (September 2018)
Internal and Regulatory Investigations: Perspectives, The Advocates’ Society, 8th Annual Securities Symposium (September 2018)
From Red Flag to Internal Investigation: First Responses to Signs of Trouble, The Canadian Institute (June 2018)
Benchmark Litigation Canada: Future Star (2022)
Lexpert: Rising Stars – Leading Lawyers Under 40 (2019)
Ontario (2004)
Member, Association of Workplace Investigators
Member, The Advocates’ Society
Community Involvement
Steward, CAMH Engage (2016-2020)
Director, Casey House Hospice and Casey House Foundation (2009-2015)
|
No related posts found. |