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HTMLMoody’s Provides Guidance on Metal Streaming Transactions
Patrick Deutscher, Roger Taplin; McCarthy Tétrault LLP;
Legal Alert/Article
July 30, 2014, previously published on July 21, 2014
On July 17, 2014, Moody’s Investors Service (Moody’s) released a report on metal streaming transactions, in which it discusses the impact of streaming transactions on the credit profiles of mining companies. Generally, Moody’s views metal streaming transactions as a form of equity...

 

HTMLPay Me Now: Court of Appeal Delivers Lessons on Fiduciary Duties, the Business Judgment Rule, and Executive Compensation
Shane C. D'Souza, Robert A. Glasgow, Elder C. Marques; McCarthy Tétrault LLP;
Legal Alert/Article
July 30, 2014, previously published on July 28, 2014
The business judgment of directors setting executive compensation was front and centre in the Ontario Court of Appeal’s recent decision in Unique Broadband Systems, Inc. (Re), 2014 ONCA 538 (UBS). Although the decision is based on unique underlying facts, it offers several important lessons...

 

HTMLSEC Approves Rule Preventing Barters for Expungement Cooperation - What You Can Do to Ensure Compliance
Peter J. Anderson, Eric A. Arnold, Keith J. Barnett, Bruce M. Bettigole, Patricia A. Gorham; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
On July 22, the U.S. Securities and Exchange Commission (SEC) approved the Financial Industry Regulatory Authority’s (FINRA) proposed Rule 2081, which prevents firms or associated persons from conditioning settlement or otherwise paying customers for their cooperation in the complaint...

 

HTMLJebel Ali Free Zone Companies Now Able to List on NASDAQ Dubai
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 2, 2014
Companies established in the Jebel Ali Free Zone (JAFZ) can now apply to list shares on NASDAQ Dubai.

 

Adobe PDFProposed Amendments to Venture Issuer Disclosure Requirements
Jacques Du Plessis, Jonathan O'Connor; Goodmans - Vancouver;
Legal Alert/Article
July 29, 2014, previously published on July 9, 2014
Earlier this year, the Canadian Securities Administrators (CSA) published for comment proposed amendments (the “Proposed Amendments”) to: (i) National Instrument 51-102 Continuous Disclosure Obligations (“NI 51-102”), (ii) National Instrument 41-101 General Prospectus...

 

Adobe PDFOntario Court Provides Guidance on Advance Notice Policies
Andrew Lahey, Jonathan Lampe, Neill May, Ryan Szainwald; Goodmans LLP - Toronto;
Legal Alert/Article
July 29, 2014, previously published on July 14, 2014
A recent decision of the Ontario Superior Court of Justice (the “Court”) provides important guidance on the drafting and interpretation of advance notice policies and by-laws, which have become widely used by public companies and have featured prominently in recent proxy contests.

 

HTMLThe Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL
Roland Hung, Shana Wolch; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 2014, previously published on July 18, 2014
CASL came into effect on July 1, 2014, including the provisions for sending commercial electronic messages (CEM) (section 6) and installing computer programs (section 8). Since July 1, 2014, it is reported that the CRTC has received more than 1,000 complaints. Hence, awareness of this new law is...

 

HTMLInvestment Fund Managers - A Regulatory Check-up
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 2014, previously published on July 21, 2014
The Ontario Securities Commission (“OSC”) has recently released two notices providing helpful guidance on the compliance operations of investment fund managers (“IFMs”). This guidance is contained in the 2013 annual review summary report for dealers, advisers and investment...

 

HTMLSEC Brings First Whistleblower Anti-Retaliation Claim Under the Dodd-Frank Act
Matthew T. Bohenek, Steven W. Hansen; Bingham McCutchen LLP;
Legal Alert/Article
July 25, 2014, previously published on July 10, 2014
Dealing with a whistleblower who remains an employee after going to the Government has always been something like traversing a mine field. When the Securities and Exchange Commission (“SEC”) adopted Rule 21F-2, defining a “whistleblower” and making a violation of the...

 

HTMLThe Ten Biggest Mistakes Business Owners Make In Closely Hold Companies
Erica B. Garay; Meyer, Suozzi, English & Klein, P.C.;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
Some “partners” or “shareholders” never enter into a formal, written agreement regarding their relationship to each other and to the Company. While New York law does not require such agreements among owners of “partnerships” and “corporations,” the...

 


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