Deal-maker or deal-breaker: the legal ins and outs of using AI in M&A

Computer chipDeals involving AI bring about specific and unique issues for consideration during the due diligence process. Understanding the specific challenges created by AI is important for companies to ensure that the AI technology holds genuine value and would not raise red flags during the course of a transaction. Some important advice for companies looking to … Continue reading

Some Things Change, Some Things Stay the Same: 2023 Investment Canada Act Thresholds Increase, Competition Act Thresholds Remain the Same

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been updated for 2023. For the second year in a row, the Minister of Innovation, Science and Economic Development has announced that the threshold for pre-closing merger notifications … Continue reading

Privacy and Cybersecurity Due Diligence Considerations in M&A Transactions

Computer screen with a row of blue lock icons, middle lock icon is red and unlockedPrivacy and cybersecurity practices of target companies are being increasingly scrutinized throughout the due diligence process in M&A transactions. Particularly, buyers want to understand the risk and value inherent in sellers’ data assets and sellers want to manage transactional and post-closing risks. In the course of their privacy and cybersecurity due diligence, buyers should consider … Continue reading

Navigating the Due Diligence Process for Artificial Intelligence Transactions

Circuit board in orange lightIn recent years, an increasing number of companies have started to employ artificial intelligence (“AI”) technologies in the development of their products and in their day-to-day business. This shift to utilizing AI can be very advantageous given its far-reaching potential impact; however, with fast-paced growth comes complex questions, novel issues and increased uncertainty. Accordingly, in … Continue reading

Promouvoir la rétention des employés clés d’une entreprise dans le cadre d’une transaction

Boardroom with people in a standing meeting, sun setting in backgroundLa rétention de la main-d’œuvre clé représente plus que jamais un enjeu d’envergure pour les sociétés. Le caractère intuitu personae du contrat d’emploi participe à cet enjeu puisque, considérant la nature et l’aspect personnel de ce type de contrat, il est impossible de forcer un employé à demeurer à l’emploi d’une entreprise et tout changement … Continue reading

Bill S-211: Impact on M&A Transactions

Despite several interruptions to Parliament over the last few years, Canada continues to move toward affirmation of its commitment to fight against modern slavery in supply chains. The most recent attempt is Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs … Continue reading

Aspirin, Toothpaste and Cannabis, Please

Man in white lab coat inspecting cannabis bud in fieldSince Canada’s legalization of cannabis, the cannabis sector has been a steady source of M&A activity. However, as the novelty of legalization wears off and with the continued stabilization of product demand, market participants have begun evaluating new opportunities and implementing creative M&A strategies to continue their growth in the Canadian market. One recent example … Continue reading

Mise à jour – Taxe sur les services numériques

Dans notre article du 24 novembre 2020, il était question de l’adoption par certains pays d’une taxe sur les bénéfices tirés des services numériques fournis par les entreprises multinationales et de l’impact d’une telle taxe sur les transactions transfrontalières. À ce moment toutefois, il n’y avait, au Canada, aucun cadre législatif régissant l’imposition des services … Continue reading

Cross-border Deal Structures in the Cannabis Sector

Sunshine on close-up of cannabis plant leafCannabis-related cross-border transactions have become more creative since the initial wave of transactions that occurred post-legalization in Canada. Changes in the US federal law enforcement policy, coupled with the Toronto Stock Exchange (the TSX) and the TSX Venture Exchange (the TSXV) clarifying their positions on listed issuers that are involved in marijuana-related activities in the … Continue reading

Key considerations to stay ahead of ESG trends

Hand planting trees with technology of renewable resources to reduce pollution ESG icon concept in hand for environmental, social and sustainable business governance.ESG continues to be a key driver in corporate decision making. According to the Global M&A Dealmakers 2022 North American M&A Outlook report, prepared in association with Mergermarket, “73% of North American dealmakers feel that ESG scrutiny will increase over the next three years.” But what will that scrutiny look like in a practical sense? … Continue reading