Earlier this year I wrote about the Financial Conduct Authority’s (FCA) announcement in July of its plan to phase-out the London Interbank Offered Rate (Libor), the interest rate benchmark used to set payments on more than
2017
Emerging trends in Canadian real estate: mobility, mobility, mobility
We have all heard the expression: “Location, location, location” when it comes to buying real estate. Though that may be true for the immovable property itself, the 2018 Emerging Trends in Real Estate report (the Report) published by PwC…
Canadian M&A activity stays hot, more in store
According to a recently published PwC report (the Report), Canadian mergers and acquisitions (M&A) activity is booming.
We recently reported that Canadian-backed equity financing activity in emerging venture capital companies is thriving. Moreover, both funding and deal…
Legal update: the Reducing Regulatory Costs for Business Act
On November 14, 2017 the Reducing Regulatory Costs for Business Act, 2017 received royal assent. While the Act is not yet in force, the new statute implements a number of initiatives designed to ensure that interactions with the provincial government…
Part 3: Sandbagging in M&A – sandbagging around the world
In the past two weeks we have provided an overview of sandbagging in M&A transactions and discussed strategies that can be used when negotiating this clause. We also provided a brief overview of the consequences of remaining silent with respect…
Deal failure: possible causes and how to prevent it
While most M&A transactions start off hopeful, not all are destined for completion. Each year, a sizable number of deals are abandoned – and that number appears to be rising. A recent study published by the M&A Research Centre at…
Part 2: Sandbagging in M&A – is silence truly golden?
Last week we provided an overview of sandbagging in M&A transactions and outlined how buyers can mitigate their risk when an anti-sandbagging clause is included in the purchase and sale agreement. In a majority of deals, however, buyers and sellers…
Post-M&A rebranding trends
The decision whether to re-brand following an M&A transaction can be a difficult one for companies to make. In order to maximize the value from the acquired brand, companies need to decide whether transitioning the asset to a new brand…
Part 1: Sandbagging in M&A – negotiating strategies
What is “sandbagging”?
The concept of sandbagging is simple: one party has a strength, an advantage, or is in a position of power, which is concealed or downplayed in order to take advantage of the other party later. In the…
Smart contract applications in M&A: earn-outs
This blog has previously provided an overview of how blockchain technology and smart contracts might be adapted to the legal industry. In this post, we will explore the specific example of how these technologies may be able to simplify an…