After a highly contested election that was observed all over the world, Joe Biden – the Democratic Party nominee – was elected as the 46th President of the United States . Leading up to the election, North American markets
NRF Digital Team
Goodwill Hunting: The Value, Protections and Role of Intangible Assets in M&A Transactions
By NRF Digital Team on
We have previously discussed goodwill as a distinct asset in purchase agreements. In this post, we explore the growing value of goodwill and other intangible assets in mergers and acquisitions (M&A) and the legal issues parties should consider…
The Dynamic Duo: Cyber-security and Due Diligence during the COVID-19 Pandemic
By NRF Digital Team on
The widespread impact of the COVID-19 pandemic (“pandemic”) continues to highlight the several ways in which M&A transactions have had to adapt to changing times, particularly by ramping up cyber-security measures in a digital world. Prior to the…
Shareholder Loans: The Interplay of 80.4, 15(2) and 20(1)(j) of the Income Tax Act
By Alexandra David & NRF Digital Team on
Subject to certain exceptions, where a shareholder (other than a corporation resident in Canada) of a corporation is indebted to the corporation (a “Shareholder Loan”), the shareholder is deemed by subsection 80.4(2) to receive an interest benefit to…
The Smart Choice: A Predictive View in Revamping M&A Contracts
By NRF Digital Team on
The current pandemic presents a unique opportunity to revitalize traditional M&A process and provisions. While we have previously addressed how traditional M&A provisions are impacted by the pandemic, this blog post will explore the key opportunity industries and corporations alike…
M&A Opportunities in the COVID-19 Digital Transformation
By NRF Digital Team on
While the COVID-19 pandemic initially had a general chilling effect on merger and acquisition (“M&A”) activity, we have seen an increase in M&A activity recently, particularly as industries rapidly adapt to the new environment and consider opportunities. Both…
Representations and Warranties Insurance and COVID-19 Considerations
By NRF Digital Team on
The use of representations and warranties insurance (RWI) has grown dramatically in recent years as buyers (and to a lesser extent, sellers) have increasingly relied on RWI to allocate risks and provide other benefits in M&A transactions. The…
Determining fair value in appraisal proceedings: the Supreme Court of Canada dismisses application for leave to appeal in Carlock v ExxonMobil Canada Holdings ULC
By NRF Digital Team on
On August 13, 2020, the Supreme Court of Canada (the SCC) dismissed the application for leave to appeal in the case of Carlock v ExxonMobil Canada Holdings ULC (Carlock), indicating that the negotiated deal price in a…
M&A in the Consumer & Retail Sector: Before and After the Pandemic
By NRF Digital Team on
This article will provide a high level discussion of M&A trends in the Consumer & Retail (C&R) sector, beginning with a brief summary of the activity we saw in 2019, what trends were anticipated to occur in 2020…
The SPAC is back: going public in a pandemic
By NRF Digital Team on
According to Axios, the first half of 2020 saw special purpose acquisition companies (“SPACs” for short) in the U.S. raise over US$20 billion, easily eclipsing the US$13.3 billion raised in all of 2019. A SPAC is a special purpose…