Kathleen O’Shaughnessy is an extremely talented Attorney with significant international experience from her time working as in-house counsel and in private practice. She has represented hundreds of clients ranging from large multi-national public corporations to individual citizens in both civil and common law jurisdictions. Having routinely advised clients in almost every area of corporate commercial, administrative, and regulatory law during times of heightened hostility, financial instability, or threatened loss of livelihood, she has developed a practice as an authentic generalist. While she has always had a passion for ethics and compliance, her true desire is to continue pursuing a career in the area of employee and labor relations. Her innate ability to understand the individual nuances of a situation combined with her quick wit and vibrant personality has enabled her to develop strong professional relationships and influence stakeholders of all types. She has a remarkable skill for science and research, which is matched only by her hunger to learn and zeal to embrace new responsibilities and initiatives. When she’s not relieving stress via boxing or participating in an intense HITT training course, she’s searching for a new travel destination or exploring an obscure ingredient in the hope of creating a delightful new recipe.
Kathleen O'Shaughnessy
Attorney / Employee and Labor Relations Specialist
About
Skills
Negotiation
Advocacy
Dispute Resolution
Analyses
Investigation
Research
Drafting
Training
Project Management
Collaboration
EDUCATION
2003-2006
LLB, Distinction, Dean's List
University of Alberta
1998-2002
BSc (Psychology Honors Neuroscience), Distinction, Dean's List
University of Calgary
EXPERIENCE
2016 - 2019
Plūme Inc.Employee and Labor Relations Specialist
Working directly with a seasoned labor relations and employment attorney dealing with all types of labor and employment matters as well as HR consulting. Approximately 45% of time spent developing, drafting and reviewing company policies and employee handbooks, conducting and overseeing workplace investigation, and preparing and delivering training; 20% of time spent researching and preparing responses to client’s labor and employment legal questions; 15% of time spent preparing for and representing clients before the Quebec Tribunal Administratif du Travail, the Commission des normes, de l’équité, de la santé et de la sécurité du travail, grievance arbitrations, and Canada Revenue Agency disputes; 10% of time spent reviewing and preparing safety plans and supporting risk assessments; and 10% of time spent drafting corporate documents such as employee contracts, reviewing employee background checks, and assisting with collective bargaining and managing collective bargaining agreements.
2013 - 2015
Scott Venturo LLPSenior Litigation Associate
Approximately 45% of practice consisted of insurance defense litigation, 20% of practice consisted of general corporate commercial litigation and 35% of practice consisted of administrative / regulatory law. Types of files handled included breaches of contract, builders’ liens, Canadian Revenue agency disputes, construction deficiencies, estate matters, franchise disputes, insolvency matters, human rights complaints, labor and employment, patent infringement claims, policy development, privacy breaches, product liability claims, professional disciplinary matters, regulatory violations, shareholder disputes, and various oil and gas matters.
2011 - 2013
Viterra Inc.Corporate Counsel (Ethics and Compliance, Privacy & Litigation)
Reported to Senior Vice President/General Counsel of a global agriculture and food ingredients company worth $6.1B with over 6000 employees. Developed, implemented and administered a global ethics and compliance program. Privacy Officer for North America and Europe. Supported the Information Technology departments. Advised the Safety, Health and Environment and the Food Safety and Quality Control Systems groups during global crises and emergency situations, incident investigation, and external audits. Developed and implemented global crisis management procedures and internal legal privilege procedures and protocols. Oversaw global litigation management and reporting.
2009 - 2011
Code Hunter LLPLitigation Associate
Approximately 55% of practice consisted of general corporate commercial litigation, 15% of practice consisted of administrative law and 30% of practice was dedicated to assisting senior counsel with a major complex case. Types of files handled included alleged human rights violations, builders’ liens, construction deficiencies, debt collection and enforcement, judicial reviews, labor relations disputes, occupier’s liability claims, patent infringement claims, personal injury, real property rights, trademark infringement, product liability claims, professional liability matters, shareholder and partnership disputes, and various oil and gas matters.
2006 - 2009
Bennett Jones LLPLitigation Associate / Student-at-Law / Summer Student
Practice consisted of general litigation with an emphasis on administrative law and corporate commercial matters. Types of files handled included breaches of contract, breaches of fiduciary duty, broadcasting rights, builders’ liens, Canadian Revenue Agency disputes, construction deficiencies, copyright infringement, customs matters, domain name disputes, employment matters, franchising agreements, general securities matters, insolvency matters, product liability claims, professional disciplinary matters, real property rights, sale of goods dispute, and trademark infringement claims.
2004 - 2006
Heath Law InstituteResearch Student and Editor
Researched various topics relating to health law such as the ethics of human embryo research, case law critiques, and public opinion and media influence. Edited both French and English publications for the Heath Law Journal.
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Years exprience
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Hours Invested
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Happy Clients
Practice Areas
Human Resource Consulting
Employee handbook and policy review, development, rollout, and training; conducting and supporting workplace investigations regarding harassment, misappropriation of funds, sexual abuse, and breaches of privacy; preparing and reviewing workplace investigation reports; educating on documenting and reporting workplace investigations; supporting management of employee and labor relations programs; advising unionized and non-unionized employers regarding employment standards laws, including layoffs, terminations, constructive dismissal, progressive discipline, accommodation, leave administration, vacation pay, and holiday pay; providing guidance regarding corrective action and policy administration and development; reviewing and drafting employment contracts and employee background checks; advising on collective bargaining agreements; representing non-unionized clients before federal and provincial administrative tribunals; supporting grievance arbitrations and collective bargaining; reviewing and preparing safety plans; supporting and conducting risk assessments relating to psychological and sexual harassment, health and safety, and privacy; designing and delivering training on employment standards, legislative updates, and workplace harassment and discrimination.
Corporate Compliance
Program and policy development; advising with respect to managing legal, reputational and operational risks; developing and delivering training; conducting and supporting due diligence during mergers and acquisitions, new market entry, government and private tender processes, and entering agency agreements; advising on the application of anti-corruption (FCPA, UK Bribery Act, CFPOA), anti-money laundering, anti-trust, lobbying, and political contributions legislation; conducting and supporting internal investigations, including root cause analyses; collaborating in the development of standardized internal investigation methods, procedures, and protocols; conducting on-site and off-site anti-corruption risk assessments; partnering in the development of an emerging markets risk assessment matrix; representing clients with respect to Occupational Health and Safety violations and external regulatory audits; reviewing and preparing regulatory complaint safety plans; supporting health and safety risk assessment; advising on regulatory reporting requirements and crisis management procedures and best practices.
Privacy & Data Protection
Risk assessments and internal audits; policy development; negotiating, drafting and reviewing contracts relating to the transfer or sharing of personal information (including in the context of corporate transactions, third party service agreements, negotiations, and across jurisdictions); responding to access to information request in both the public and private sector under both federal and provincial legislation; responding to privacy inquiries and data breach events; advising on information sharing with public regulators during investigations or audits; representing clients before the Privacy Commissioner of Canada and several provincial counterparts; advising on the application of Canadian and international privacy and data protection legislation; advising on a number of privacy issues including those relating to hiring, monitoring and investigating employees, U.S. Safe Harbor Principles, EU Data Protection Directive, financial lending agreements, and the construction of data centers in multiple jurisdictions.
Intellectual Property
Advising songwriters and authors regarding protecting IP rights; representing bar owners in broadcasting copyright infringement cases; representing painters, photographers, small business owners and large corporations in copyright infringement cases; advising individual and corporate clients with respect to copyright registration and licensing; representing individuals, small business owners and large corporations in trademark infringement, passing off and breach of confidential information cases; representing individual inventors and small and large corporations in patent infringement claims involving oil field equipment, down hole tools and various other complex equipment or processes; representing individuals, small business owners and large corporations in obtaining injunctions; representing individual and corporate clients in defending Anton Piller Orders; representing individuals and small business owners in domain name disputes.
Construction
Representing general contractors and subcontractors in deficiency claims; representing owners, general contractors, subcontractors and suppliers in both the prosecution and defense of lien claims (in both general construction and oil and gas matters) in various jurisdictions; representing developers and contractors with respect to Building Code violations; representing subcontractors and suppliers in breach of contract claims; representing homeowners with respect to construction deficiencies, the Alberta New Home Warranty Program, and against Canada Mortgage and Housing Corporation; advising property management companies on a variety of issues.
Professional Discipline
Advising professionals with respect to professional body licensing requirements; advising professional bodies and government entities with respect to potential disciplinary breaches; representing professionals including lawyers, real estate agents and psychologists before their respective professional disciplinary body and/or hearing panel(s); representing government entities such as municipal and federal law enforcement agencies before professional bodies and hearing panels.
Product Liability
Representing manufacturers, distributors and consumers in product liability claims in a variety of industries; advising clients from Canada, the United States, Mexico and Australia regarding product recall requirements and procedures; product recall policy development and oversight; advising on the development of global emergency food safety plans.
Professional Liability & Fiduciary Duties
Representing professionals including lawyers, engineers, architects, doctors, dentists, and psychologists in professional liability matters; representing trustees and beneficiaries in breach of trust claims; representing clients in alleged fraud and unjust enrichment cases; representing directors and corporations in derivative actions and shareholders in oppression actions.
Insurance defense
Practice areas include bodily injury defense, construction claims, defamation claims, insurance coverage issues, privacy breaches, professional errors and omissions liability, and property and casualty claims.
Industries
Apparel
Technology
Oil & Gas
Agriculture
Construction
Food & Beverage
Transport & Logistics
Manufacturing / Engineering
Commercial & Residential Real Estate
Law Society of Alberta
Canadian Bar Association
Society of Corporate Compliance and Ethics
Professional Training
Annapolis, MD
& Calgary, Canada
Anti-bribery Specialist Accreditation (TASA)
TRACE International
San Francisco, CA
Foreign Corrupt Practices Act Boot Camp
American Conference Institute
Calgary, Canada
Occupational Health and Safety Law Fundamentals for In-House Counsel
Legal Education Society of Alberta
Calgary, Canada
Annual Intensive Advocacy Workshop
Legal Education Society of Alberta
Accomplishments
- Developed and delivered training to management and employees regarding legislative changes to labor standards law and psychological harassment in the workplace.
- Developed an employee handbook template for use by companies of all sizes and industries.
- Developed comprehensive workplace harassment and substance use policies applicable to companies of all sizes.
- Received commendation from opposing counsel after several highly contested applications.
- Prepared a presentation regarding responding to all types of chemical spills in Canada from a federal and complete provincial regulatory perspective.
- Prepared and delivered a presentation regarding Personal Information and general privacy law matters from an Insurance Broker’s perspective.
- Developed and implemented a company-wide global ethics and compliance program, successfully reducing corporate liability, mitigating corporate risk, and improving corporate image.
- Developed and delivered global ethics and compliance training, significantly increasing employee awareness and enhancing overall corporate culture (number of reported compliance incidents and inquiries increased by 200% – 300%).
- Assessed legal liability with respect to multiple global food safety incidents, saving in excess of $10M.
- Led and/or managed multiple projects relating to the selection, customization and implementation of various software management systems, standardizing global processes and enhancing reporting capabilities.
- Led development and implementation of a global litigation case management system, automating systems and increasing file management efficiency of the global legal department.
- Received Anti-bribery Specialist Accreditation, TRACE International.
Biography
Comming Soon.
Research Projects
2015
Competition Law
Comprehensive overview of the statutory regime regarding the competition bureau and transactions involving foreign entities of all size and industries.
2009 - 2011
History of Real Property Rights
Researching, synthesizing, interpreting and summarizing the legal history of Land Titles and mineral rights.
2006 - 2007
Company Creditors Arrangement Act
Prepared a chapter relating to the Bankruptcy and Insolvency Act and the Companies Creditors Arrangement Act from the perspective of parties involved.
2005
Intellectual Property & IT Professionals
Researched and prepared a comprehensive bulletin regarding intellectual property rights and their application to IT professionals.
Reported Decisions & Publications
2018
Cannabis: What an employer needs to know
by Kathleen S. Radford, published on Linkedin, July 19, 2018
2018
Don't wait! Reduce your costs in advance: avoid the negative consequences of incorrectly classifying workers as employees or independent contractors.
by Kathleen S. Radford, published on Linkedin, April 23, 2018
2018
Minimum wage in Quebec: not all things are the same
by Kathleen S. Radford, published on Linkedin, January 30, 2018
2015
The Real Estate Council of Alberta, Appeal Panel, In the Matter of a Review under s.39 of the Real Estate Act Rules, January 20, 2015
2014
Madame Justice M.C. Erb, Condominium Plan 9812082 v. Battistella Developments Inc., 2014 ABQB 644
2009
Madam Justice C.A. Kent, KCP Innovative Services Inc. v. Alberta (Securities Commission), 2009 ABCA 102
2009
Mr. Justice J.H. Langston, Stateman River Quays Ltd. v. Mega Building Systems Ltd., 2009 ABQB 638
2007
“Protecting IP Rights in the Energy Sector: Learning from Significant Cases”
by Michael P. Theroux and Kathleen S. Radford, published in The Canadian Institute, October 2007
2004
“Commodification in Human Embryo Research: When is it a Concern and How is it Articulated?”
by Kathleen S. Radford (Presented to the Stem Cell Network 2004 Annual General Meeting, Montreal, November 2004)
2004
“MAOA Knockout Mice are More Susceptible to Seizures but Show Reduced Epileptogenesis”
by G. Campbell Telesky, Kathleen S. Radford, Isabelle Seif and Richard H. Dyck, Epilepsy Research, V. 59, No. 1, pp. 25 – 34
Contributions
Civil Claims Duty Counsel
Attended at the Calgary Courts Centre to provide free legal advice regarding all civil claims matters to all individuals requesting assistance.
Big Brothers & Big Sisters
In school mentorship program. Created and organized activities to be performed with a young student in need of assistance.
Alberta Law Day
Coached and judged in annual high school mock trial competition.
Calgary Community Block Watch Council
Member of the Board of Directors.
Alberta Law Review
Editor and Treasurer.
Curriculum Committee
Hospice Calgary
Led activities and discussions with children who had lost a family member.
Staff Selection Committee
GET IN TOUCH
- kathleen@oshaughnessy.cc
- (408) 666-5769