Category: Mergers & Acquisitions

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Legal Trends 2016: China

February 22, 2016

ONE | CHINA-LISTED FIRMS BECOMING BUYERS Buyers listed on the Shanghai and Shenzhen stock exchanges will become more active in the international M&A marketplace in 2016, creating new avenues for liquidity for Canadian investors and new challenges for Canadian dealmakers. Despite a well-publicized correction in June and ongoing volatility through the second half of 2015, China’s stock markets continue to…

Look Ahead: 2016 Legal Trends

January 8, 2016

  While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.  ​​​​   Anti-Spam   Capital Markets  ​ China    Commercial Real Estate Cybersecurity Employment & Labour Financial Services Regulatory Intellectual Property International Trade   Litigation & Dispute Resolution   Mergers & Acquisitions   Oil &…

Mergers & Acquisitions: Trends to Watch in 2016

December 22, 2015

2015 AND LOOKING FORWARD An unusually strong third quarter bolstered Canadian M&A activity, making 2015 the most active year in Canadian deal making since the 2007 market bubble. The value of Canadian deals announced to date in 2015 (all figures as of December 1, 2015) totalled approximately C$374.1-billion (US$293.5-billion), reflecting a 51 per cent increase over 2014 on an annualized…

Back to the Future: Update on Cooperative Capital Markets Regulatory System’s Approach to Take-over Bids and Issuer Bids

December 15, 2015

Under the proposed cooperative capital markets regulatory system (Cooperative System), which would create a cooperative regulator involving the federal government and the governments of British Columbia, New Brunswick, Ontario, Prince Edward Island, Saskatchewan and Yukon (Participating Jurisdictions), existing provincial securities legislation will be replaced in the Participating Jurisdictions with uniform provincial capital markets legislation. We discussed the approach to the…

Canadian Public M&A Update

June 25, 2015

The past year has seen a number of important developments in Canadian public M&A. Blakes invites you to join us as we review and discuss: Topics: An update on public M&A, including highlights from the 2015 Blakes Public M&A Deal Study Proposed amendments to the Canadian take-over bid regime Recent case law on board processes Guest Speaker:Naizam Kanji, Director, Office of…

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…

Commenters Don’t Hold Back: Responses to Civil Liability and Enforcement Provisions of Draft Cooperative Capital Markets Legislation

April 6, 2015

INTRODUCTION   The consultation drafts of the proposed uniform provincial capital markets legislation, Provincial Capital Markets Act (PCMA), and federal capital markets legislation, Capital Markets Stability Act (CMSA), (Consultation Drafts) propose new, and in some instances unprecedented, civil liability and regulatory and criminal enforcement provisions which, if enacted, will have important implications for capital markets participants.   The PCMA and…

Too Many Changes, More Consultation Required: Comments on Proposed Cooperative Capital Markets Legislation

April 2, 2015

Comments on the consultation drafts of the uniform provincial capital markets legislation, Provincial Capital Markets Act (PCMA), and new federal capital markets legislation, Capital Markets Stability Act (CMSA), (Consultation Drafts) by capital markets stakeholders suggest that additional “robust” consultation is required for the PCMA and CMSA, particularly given the significant changes to securities and capital markets laws that such proposed…

Fundamental Changes to Take-over Bid Regime One Step Closer With Release of Draft Amendments

April 1, 2015

On March 31, 2015, the Canadian Securities Administrators (CSA) released draft amendments to Canada’s take over bid regulatory regime. As previously announced by the CSA in September 2014, the amendments will increase the minimum period that a take-over bid must remain open from 35 days to 120 days—unless the target board consents to a shorter period of not less than…

Supreme Court of Canada Breathes New Life into Merger Efficiencies in Canada

January 22, 2015

  On January 22, 2015, the Supreme Court of Canada (SCC) issued a groundbreaking decision in the area of merger efficiencies in Tervita Corp. v. Canada (Commissioner of Competition), allowing the appeal of Tervita Corporation (Tervita) and overturning the holdings of the Federal Court of Appeal (FCA) and the Competition Tribunal (Tribunal). In its decision, the SCC agreed with the Commissioner…

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