Category: United States

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Underwriters May Have Expertise But That Does Not Make Them “Experts”

April 28, 2016

In the LBP Holdings v. Allied Nevada Gold Corp. decision released on April 27, 2016, the Ontario Superior Court of Justice refused to allow the underwriters of a secondary public offering (SPO) to be added as defendants to a proposed statutory securities class action against the issuer in respect of statutory and unjust enrichment claims. Among other things, the plaintiff…

Legal Trends 2016: Tax

April 7, 2016

ONE | A NEW LIBERAL GOVERNMENT Elected in October 2015, Canada’s new Liberal government has proposed a tax platform featuring significant changes, including a four per cent increase (to 33 per cent) in the federal tax rate for individuals on income over C$200,000 and a 1.5 per cent drop in the middle-income tax rate. The new government has also pledged to limit the amount of…

Legal Trends 2016: Restructuring & Insolvency

April 6, 2016

ONE | OIL AND GAS SECTOR Amid the protracted drop in oil prices and the decline of the Canadian dollar relative to the U.S. dollar, capitalizing on distressed opportunities in the oil and gas sector in a low-risk jurisdiction, such as Canada, has never been more attractive. These combined circumstances have resulted in approximately US$112-billion worth of oil and gas…

Legal Trends 2016: Renewable Energy

April 1, 2016

ONE | GROWTH IN PRIVATE INVESTMENT A recent Clean Energy Canada study concluded that investment in renewable energy in Canada increased at a dramatic rate of 88 per cent from 2013 to 2014, representing an aggregate investment of more than C$10.7-billion in 2014. This sharp increase catapulted Canada to sixth in the world for investments in new domestic clean-energy-generation projects….

Legal Trends 2016: Private Equity

March 31, 2016

ONE | OILPATCH PORTFOLIO MANAGEMENT AND OPPORTUNITIES Between June 2014 and December 2015, the price of a barrel of oil was cut roughly in half, resulting in a significant downturn in the earnings of companies with businesses connected to the oil industry. Private equity (PE) firms with portfolio companies that have operations in or exposure to Alberta and Canada’s energy…

Legal Trends 2016: Privacy

March 29, 2016

There were several important privacy developments in 2015 that may potentially impact organizations doing business in Canada in the year ahead and beyond. ONE | ONLINE BEHAVIOUR ADVERTISING AND CONSENT In April, the Office of the Privacy Commissioner of Canada (OPC) released its investigation report regarding Bell’s Relevant Ads Program (RAP). The RAP involved the creation of Bell Mobility customer…

Legal Trends 2016: Pensions & Employee Benefits

March 28, 2016

ONE | PUBLIC PENSION REFORM The newly elected federal Liberal government is committed to exploring enhancements to the Canada Pension Plan (CPP). At the same time, the Government of Ontario is progressing with the implementation of the Ontario Retirement Pension Plan (ORPP). In this political climate, debates surrounding pension coverage and retirement income security will increasingly focus on mandatory schemes….

Opportunities for U.S. Private Equity in Canada’s Energy Sector

March 14, 2016

The Canadian energy sector represents a unique investment opportunity for private equity investors seeking to invest in, or acquire outright, established energy assets at a discount to historical prices. The ability to capitalize on the discounted debt of oil and gas companies in a low-risk jurisdiction like Canada has never been more attractive. One of the many factors that make…

Legal Trends 2016: Oil & Gas

March 9, 2016

ONE | LOW COMMODITY PRICES As depressed oil prices continue to dominate the headlines and natural-gas prices hover near record lows, sustained low commodity prices have had a cascading effect on the industry, compelling companies to fundamentally alter their business strategies. Cash-flow management is among the areas most impacted. Without a steady income stream, companies are left with few options….

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