New cybersecurity requirements for Department of Financial Services (DFS)-regulated entities took effect on March 1, 2017. The New York DFS created these requirements in response to recent or potential threats to sensitive electronic information, particularly financial information and
March 2017
The InterOil decision: robust and independent fairness opinion required
A recent decision of the Yukon Court of Appeal, InterOil Corporation v Mulacek, has potentially significant consequences for corporate governance practices in the context of plans of arrangement.
Fairness opinions in plans of arrangement
When a corporation proposes a…
Chinese capital controls shake-up global M&A market
In late 2016, the Chinese State Council announced new capital controls were to be put in place as of January 1, 2017, with the aim of reducing the outflow of currency from China. These new measures are seen as likely…
Distressing prospects for distressed debt?
According to a Debtwire report released this month, the North American distressed debt market will be characterized by continued volatility throughout 2017, with the oil & gas sector presenting the most attractive opportunity for investors. Financial services, industrials and real…
2017 merger review thresholds for Competition Act and Investment Canada Act
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 increased for 2017.
Competition Act
Canada uses a two part…
Federal court on common interest privilege: information shared in a transaction no longer protected
During commercial transactions, it is common for parties to a transaction to share documents and information that each party’s respective counsel had prepared in relation to the transaction. These documents or information typically concern matters that, upon sharing with the…