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HTMLEarly Warning Reporting Threshold Remains at 10% While Other Changes to Enhance Transparency Will Be Implemented
McCarthy Tetrault LLP;
Legal Alert/Article
October 22, 2014, previously published on October 15, 2014
On October 10, 2014, the Canadian Securities Administrators (CSA) provided an update on the status of proposed amendments to Canada’s early warning reporting (EWR) system first published in March 2013. After extensive public consultation, the CSA announced that they will proceed with the...

 

HTMLHainan Airlines Delivers a First in Offshore RMB Financing Amidst Record Dim Sum Bond Market Performance
Eugene Yujie Gu, David E. Neuville, Nancy Yang; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 22, 2014, previously published on October 13, 2014
The international market for offshore (ex-mainland China) offerings of debt securities denominated in Renminbi yuan, the currency of the People’s Republic of China, has had a record first half of 2014, with RMB130 billion (approximately US$21.1 billion, at an exchange rate of US$1.00 =...

 

HTMLCourt Of Chancery Explains Affect Of Stockholder Vote In Non-Controlling Stockholder Case
Edward M. McNally; Morris James LLP;
Legal Alert/Article
October 22, 2014, previously published on October 15, 2014
This important decision addresses two tricky questions of Delaware corporate law. First, it clarifies that the informed vote of a majority of the disinterested stockholders will invoke the business judgment rule when there is no controlling stockholder pushing the transaction.

 

HTMLKey Privacy Issues in M&A Transactions
Paul A. Chandler, Lei Shen; Mayer Brown LLP;
Legal Alert/Article
October 14, 2014, previously published on October 9, 2014
Many merger and acquisition (“M&A”) agreements lack specific representations and warranties regarding privacy issues. Often, this is because deal lawyers do not recognize potential privacy risks where the target company (the “Target”) lacks e-commerce websites or retail...

 

HTMLOpportunistic Acquisitions: Buying Assets Through Bankruptcy
Nicholas E. Williams; Foley & Lardner LLP;
Legal Alert/Article
October 13, 2014, previously published on October 8, 2014
Though often overlooked, bankruptcy sales can be a real boon to businesses looking for a great deal. Prospective purchasers must, of course, interface with the bankruptcy court, so these companies must understand the lay of the land when looking for a bargain.

 

HTMLShareholder Activism Goes Mainstream - After the Pershing Square Holdings IPO, Shareholder Activism Should Be on Every Corporation’s Radar
Matthew E. Lawson, Clarke Ries; McCarthy Tétrault LLP;
Legal Alert/Article
October 9, 2014, previously published on September 25, 2014
Shareholder activists are increasingly influential in Canada’s M&A landscape, but expect that trend to intensify with a proposal to list Pershing Square Holdings on the Euronext Amsterdam stock exchange. The listing is expected to complete Bill Ackman’s capitalization of the new $5...

 

HTMLThe CSA Proposes a New Harmonized Take-Over Bid Approach
J. Paul D. Barbeau, Eric Chernin, James T. McClary; Bennett Jones LLP;
Legal Alert/Article
October 9, 2014, previously published on September 15, 2014
On September 11, 2014, the Canadian Securities Administrators (CSA) announced the publication of CSA Staff Notice 62-306, which contemplates a new harmonized regulatory approach to the Canadian take-over bid regime.

 

HTMLShareholder Activism Goes Mainstream - After The Pershing Square Holdings IPO, Shareholder Activism Should Be On Every Corporation’s Radar
Matthew E. Lawson, Clarke Ries; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 25, 2014
Shareholder activists are increasingly influential in Canada’s M&A landscape, but expect that trend to intensify with a proposal to list Pershing Square Holdings on the Euronext Amsterdam stock exchange. The listing is expected to complete Bill Ackman’s capitalization of the new $5...

 

HTMLProposed Changes to Takeover Bid Regime in Canada Would Put More Time in the Hands of Target Boards
Fraser Bourne, Garth M. Girvan, Heidi Gordon, Graham P.C. Gow, Clemens Mayr; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 11, 2014
On September 11, 2014, the Canadian Securities Administrators (CSA) published CSA Notice 62-306 ¿ Update on Proposed National Instrument 62-105 Security Holder Rights Plans (Notice) and the Autorité des marchés financiers (AMF) Consultation Paper An Alternative Approach to...

 

HTMLBitcoin Accepted Here? Funding M&A Transactions by Way of Bitcoin
Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
There is no denying the increasing popularity and notoriety of the virtual currency Bitcoin. Bitcoin market capitalization currently stands in the billions of dollars, with over 13 million Bitcoins having been mined and made available for circulation. An increasing number of merchants, including...

 


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