Category: Latest Insights

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Anti-Bribery Compliance Programs

June 4, 2015

The most effective way for companies to manage corruption risk and eliminate or reduce liability under anti-bribery laws is to implement a corporate anti-bribery compliance program. It should be tailored to a company’s business and to the risks associated with that business, in particular the foreign bribery risks facing the company (such as its geographical and industrial sector of operation)….

Extraterritorial Reach of Anti-Corruption Laws on Corporations and Persons in the Gulf

June 3, 2015

Introduction The extraterritorial reach of the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act (UKBA) and the Canadian Corruption of Foreign Public Officials Act (CFPOA) is broad and can easily ensnare individuals and corporations conducting business in the GCC region who may assume that they are not subject to such laws. That wrong assumption can result in severe…

Navigating the Minefield: Practical Considerations for Conducting Internal Investigations

June 2, 2015

INTRODUCTION The reality of today’s business landscape is that no industry is entirely isolated from incidents of bribery or corruption. Accordingly, corporations should ensure they have appropriate procedures in place to conduct properly scoped and designed internal investigations when such issues surface. A recent New York Times exposé regarding a corruption-related internal investigation undertaken by a Fortune 500 company is…

Canada’s New Anti-Spam Law

June 1, 2015

Canada’s new Anti-Spam Legislation, known as CASL, is one of the strictest in the world. In general, CASL requires consent before sending “commercial electronic messages” and requires that all such messages meet certain form and content requirements. This seems simple, but as always, implementation can be complicated. This article explains the legislation and walks through some real-world scenarios to demonstrate…

When the Dust Settles: An Update on Changes to Canadian IP Legislation

May 19, 2015

Canada is in the midst of a substantial overhaul of its intellectual property statutes and regulations that will have wide-ranging implications for patent, industrial design, trade-mark and copyright law as well as procedure. This Update summarizes the most important revisions that have already been implemented and those that are expected to be implemented within the next few years. PATENTS The most substantial…

2014 E-Discovery Year in Review

February 3, 2015

2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year. SEDONA CANADA PRINCIPLES The Sedona Canada Principles Addressing Electronic Discovery are being updated. For the past year, the Sedona Canada Working​ Group has been working on updating the principles, which were…

Year in Review: Legislation and Guidance for Financial Institutions in 2014

January 20, 2015

2014 was a year replete with new legislative and regulatory initiatives impacting federally regulated financial institutions. The key initiatives introduced or implemented in 2014 are outlined in our annual year in review. PRUDENTIAL REGULATION: GUIDANCE FROM OSFI Proposed New Bail-in Regime for Large Banks On August 1, 2014, the Government of Canada introduced a consultation paper recommending a statutory conversion…

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