Wendy Berman

Partner | 
Toronto

Wendy Berman serves as the Chair of the Securities Litigation Group at Cassels. Wendy has extensive experience in complex commercial and securities-related litigation, often involving parallel and cross-border regulatory, criminal and class action proceedings. She regularly provides strategic advice and representation to companies and their directors and officers in all aspects of matters relating to allegations of corporate misconduct, including internal and external investigations. Wendy has represented public companies and directors and officers in some of Canada’s largest investigations and proceedings involving disclosure violations, insider trading and other fraud-related allegations, corruption and anti-bribery, shareholders’ remedies, litigation aspects of proxy contests, take-over bids and other acquisitions, corporate governance (including directors’ and officers’ liability) and securities class actions. Wendy is recognized as one of Canada’s leading securities litigators by such authorities as Chambers Canada, the Canadian Legal Lexpert Directory, and Best Lawyers in Canada.

Wendy’s experience includes representing:

  • A public resource company in litigation and regulatory aspects of a contested proxy contest for control of the board of directors
  • A founding shareholder in successfully contesting a multi-billion-dollar acquisition transaction
  • A public financial services company in a securities class action and regulatory investigation (with parallel US class action) alleging various financial and other disclosure violations
  • A public mining company in litigation and regulatory aspects of a hostile takeover bid
  • A public gold resource company in a securities class action (with parallel US class action) alleging misleading and inaccurate financial and operation disclosure in various public filings and statements
  • A senior officer of a public resource company in an internal and external police and securities regulatory investigation involving disclosure violations and allegations of foreign corrupt practices

In 2013, Wendy received the Lexpert Zenith Award honouring leading women lawyers and was the Canadian recipient of the International Law Office (ILO) Client Choice Award for exceptional legal work and client service in the category of litigation in both 2010 and 2011. She has also been honoured as one of the “Top 25 Canadian Women in Litigation” by Benchmark Litigation on multiple occasions, and is described by clients as “sensible, innovative and hard-working.”

Wendy co-authored of the Canada chapter of The International Investigations Review (5th Edition), published by Law Business Research Ltd. in July 2015 and is a contributor to the firm’s annual Canadian Securities Litigation Outlook publication.

  • Best Lawyers in Canada (Securities Litigation, Class Action Litigation, Director and Officer Liability)
  • Benchmark Litigation (Litigation Star: Securities, Top 25 Women in Canada)
  • Canadian Legal Lexpert Directory (Litigation – Securities, Litigation – Corporate Commercial, Class Actions)
  • Chambers Canada (Class Action (Defence), Securities Litigation (Ontario), formerly Recognized Practitioner – White Collar Crime)
  • International Law Office (ILO), Client Choice Award (2010 and 2011)
  • Legal 500 Canada (Dispute Resolution)
  • 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
  • Lexpert Special Edition, Litigation
  • Lexpert, Zenith Award (Leading Women Lawyers) (2013)
  • Martindale Hubbell, Distinguished™ Rating
  • “‘Very strategic’ and ‘an excellent communicator.’” – Chambers Canada (Class Actions)
  • “Widely acknowledged as a top choice for securities litigation and described as a ‘force to be reckoned with.’” – Chambers Canada (Securities Litigation)
  • “One of her best attributes is her ability to extract the salient points from massive volumes of information and make her point in a respectful and often humorous manner.” – Chambers Canada (Securities Litigation)
  • “[I]nsightful and creative, [Wendy] understands our company and our needs and strategically plots how best to advocate on our behalf.” – Chambers Global (Dispute Resolution)
  • “Sensible, innovative and hard-working.” – Chambers Global (Dispute Resolution)
  • “She is just outstanding.” – Chambers Global (Dispute Resolution: Class Actions)
  • “She is one of a kind and understands everything.” – Chambers Global (Dispute Resolution)
  • “Wendy has a very bright mind and she can easily grasp complex issues and hone in on the salient points.” – ILO Client Choice Awards
  • “I have seen her ability to quickly understand complex financial issues that have stunted other so-called ‘experts.’ ” – ILO Client Choice Awards
  • “Wendy keeps us informed of progress, filters out the noise, and flags the essential elements that require action.” – ILO Client Choice Awards
  • “Wendy has the ability to move between the court room and the board room, providing the right level of communication to the senior management team and board members.” – ILO Client Choice Awards
  • “What distinguishes her is her ability to develop a rapport with clients.” – Chambers Canada (Class Actions)
  • “In addition to her sharp legal skills and commercial knowledge, Wendy is exceptionally friendly and sensible. She clearly loves doing the work that she does and her dedication and interest in the work are infectious.” – Chambers Canada (Litigation: Commercial)
  • Advocates’ Society, Board of Directors
  • Canadian Partnership for Stroke Recovery, Board of Directors
  • LL.B., University of Toronto, 1990
  • Ontario, 1992
  • British Columbia, 2015
  • Advocates’ Society, Board of Directors
  • Canadian Bar Association
  • Litigation Counsel of America, Fellow
  • Ontario Bar Association
  • Ontario Securities Commission
  • Toronto Lawyers Association
  • Women’s Law Association of Ontario
  • Women’s White Collar Defense Association, Co-Chair