Category: United States

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Going to California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C. Privacy Act Claims

July 9, 2015

  The British Columbia Court of Appeal recently overturned the certification of a class action against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act, involving unauthorized commercial use of users’ names and likenesses. The lower court had exercised its jurisdiction over the claim despite the fact that Facebook’s standard terms of use contain a forum selection clause…

Law on Post-Patent Royalties Differs Between Canada and the U.S.

July 7, 2015

  The recent decision of the United States Supreme Court (USSC) in Kimble v. Marvel Entertainment LLC (Kimble) highlights how a lack of knowledge of the law governing the intellectual property that is the subject of a transaction or litigation settlement can have serious consequences.   Kimble confirmed that an obligation to pay post-patent royalties relating to a patented invention…

Rep and Warranty Insurance in Canada: A Market-Driven Option for M&A Negotiations

June 22, 2015

  Canadian M&A practitioners are increasingly using representation and warranty (R&W) insurance as a competitive tool in deal negotiations. The insurance, which provides coverage for breaches of a seller’s representations and warranties discovered post-closing, has gained traction in the Canadian market following widespread use by financial investors in the United States and United Kingdom.   The proliferation of R&W insurance…

Still Can’t Search This: B.C. Court of Appeal Affirms Global Restraining Order Against Google

June 12, 2015

 In 2014, the B.C. Supreme Court ordered Google Inc. (Google) and Google Canada Corporation (Google Canada) to remove all of a company’s websites from its search results. As we noted in our June 2014 Blakes Bulletin: Can’t Search This: B.C. Court Grants Global Restraining Order Against Google, the Supreme Court’s decision marked the first time a Canadian court ever made…

Update: Extractive Sector Transparency Measures Act Now In Force

June 3, 2015

  The Extractive Sector Transparency Measures Act (ESTMA) came into force on June 1, 2015. ESTMA is designed to reduce international corruption by enacting reporting obligations with respect to payments made to foreign and domestic governments (and government officials), and eventually aboriginal or indigenous governments.   As set out in our November 2014 Blakes Bulletin: Extracting Transparency: New Bill Creates…

2015 Federal Budget Highlights Recent Changes to Competition and Foreign Investment Policy

April 22, 2015

Finance Minister Joe Oliver tabled the 2015 federal budget before the House of Commons on April 21, 2015. The budget highlighted recent policy changes in competition law and foreign investment review, including new powers for the Competition Bureau to investigate cross-border price gaps and new thresholds for World Trade Organization (WTO) investors under the Investment Canada Act. INVESTIGATING CROSS-BORDER PRICE…

New Investment Canada Act Thresholds and National Security Review Periods

March 26, 2015

The Canadian government has adopted new regulations and implementing orders that: significantly alter the existing review thresholds under the Investment Canada Act (ICA) for most investors require additional information in ICA notification and application forms extend the potential time periods for a national security review under the ICA. The first two noted amendments will come into effect on April 24,…

The Boycott, Divestment and Sanctions Movement: Limits on Restricting Trade with Israel

March 6, 2015

Since 2005, a political action campaign referred to as the “Boycott, Divestment and Sanctions” movement (BDS Movement) has drawn public attention to the issue of Israeli-Palestinian relations. The BDS Movement promotes a variety of actions that are intended to restrict trade with Israel, including by targeting companies affiliated with or engaged in trade with Israel or Israeli businesses. Businesses should…

Merger Notification and Foreign Investment Review Thresholds Revised Upward for 2015

February 2, 2015

On February 2, 2015, the Competition Bureau announced an increase in the notifiable transaction-size threshold to C$86-million, a modest increase from the 2014 C$82-million threshold. The pre-merger notification transaction-size threshold is reviewed annually in accordance with the indexing mechanism set out in the CanadianCompetition Act to reflect changes in Canada’s gross domestic product. This new threshold for 2015 will come…

Year in Review: Legislation and Guidance for Financial Institutions in 2013

January 20, 2015

The regulatory world for federally regulated financial institutions (FRFIs) continued to get more complex in 2013, with a multitude of legislative and regulatory initiatives being proposed and implemented in the course of the year. We summarize these developments below. POLICY INITIATIVES Canada’s Economic Action Plan 2013 A New Consumer Code On March 21, 2013, the federal government published its Economic…

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