Wendy Berman is a partner in McCarthy Tétrault’s litigation group in the Toronto office where she leads the securities litigation practice. She is one of Canada’s foremost securities litigators with extensive experience in complex commercial and securities-related litigation. She has exceptional expertise in corporate misconduct investigations, shareholder remedies, securities class actions, securities regulatory investigations and proceedings, litigation aspects of proxy contests, take-over bids and other acquisitions, and corporate governance.
With a legal career spanning 30+ years, Wendy has acted for public companies and their directors and officers in some of Canada’s largest and most significant investigations and proceedings relating to allegations of corporate misconduct, disclosure violations, fraud and insider trading. She advises clients on managing and responding to corporate crisis situations.
From June 2020 to December 2021, she served as Vice-Chair of the Ontario Securities Commission. During her tenure, she was a member of the Commission, its board of directors, adjudicative committee and executive team. Wendy chaired or participated as a member of tribunal panels that decided securities enforcement and transaction-related proceedings and appeals of decisions of self-regulatory organizations. She was also executive sponsor for a number of important securities policy and rule-making initiatives, including mandatory climate-related disclosure and broader diversity.
A highly sought-after strategist, Wendy is known for her keen insights and ability to get to the crux of an issue – a reputation that has earned her the respect of clients and colleagues alike.
Wendy’s is recognized by many notable legal authorities, including Chambers Canada, the Canadian Legal Lexpert Directory, and Best Lawyers in Canada. She is the recipient of the Lexpert Zenith Award honouring leading women lawyers, the Canadian recipient of the International Law Office Client Choice Award for exceptional legal work and client service in litigation, and is recognized by Benchmark Litigation as a “Litigation Star” in the Securities category, and one of the “Top 25 Canadian Women in Litigation.”
A member of the Bars of Ontario and British Columbia, Wendy is also a Fellow of the Litigation Counsel of America, a member of the Canadian Bar Association, The Advocates’ Society and the Women’s Law Association of Ontario. Wendy is a former member of Board of Directors of the Advocates’ Society, the Securities Proceedings Advisory Committee and the Executive Committee of the Women in White Collar Defense Association.
She is co-author of the Canada chapter of The International Investigations Review (5th Edition), published by Law Business Research Ltd.
Prior to joining McCarthy Tétrault Wendy represented:
- A major Canadian financial institution in a $1 billion class action involving allegations of price fixing of financial market instruments.
- A US mining company in litigation and regulatory aspects of its hostile takeover bid for a Canadian exploration company.
- A founding shareholder in successfully contesting a proposed multi-billion dollar acquisition of an oil and gas development company.
- A senior officer of a resource company in a securities regulatory investigation and proceedings involving allegations of misleading and inaccurate financial and operational disclosure and allegations of foreign corrupt practices and related class action.
- A cannabis company in a securities class action alleging misleading and inaccurate financial and operational disclosure.
- A resource company in litigation and regulatory aspects of a contested proxy contest for control of the board of directors.
- A resource company in a securities class action and regulatory investigation alleging failure to make timely disclosure related to its mining operations and production guidance.
- A financial services company in a securities class action and regulatory investigation (with parallel US class action) alleging various financial and other disclosure violations.
- A gold mining company in a securities class action (with parallel US class action) alleging misleading and inaccurate financial and operation disclosure.
- A senior registrant in a securities regulatory investigation and proceedings involving allegations of insider trading.
Securities Litigation (Ontario), Class Action (Defence), formerly Recognized Practitioner – White Collar Crime
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Securities Litigation, Corporate Commercial Litigation
Lexpert Guide to the Leading US/Canada Cross-Border Lawyers in Canada
Litigation Star: Securities, Top 50 Women in Canada
The Canadian Legal Lexpert Directory
Litigation – Securities, Litigation – Corporate Commercial, Class Actions
Legal 500 Canada
Lexpert, Zenith Award
Leading Women Lawyers
International Law Office (ILO)
Client Choice Award
Best Lawyers in Canada
Securities Litigation, Class Action Litigation, Director and Officer Liability