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HTMLThe 2015 Proxy Season: Glass Lewis and ISS Canadian Proxy Voting Guidelines Updates
Matthew Cumming, Jonathan R. Grant, Matthew Griffin, Ian C. Michael, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
February 27, 2015, previously published on December 4, 2014
With the 2015 Proxy Season close at hand, Glass, Lewis & Co., LLC (Glass Lewis) and Institutional Shareholder Services Inc. (ISS) recently released their updated Canadian proxy voting guidelines. Changes and clarifications have been made to their guidelines in such areas as advance notice...

 

HTMLJapanese Corporate Governance Is Changing with the Adoption of a New Code in 2015
Stephen J. DeCosse, Masayuki Horiike, Scott T. Jones, Ken Kiyohara, Yuki Yoshida; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
In the past, Japan may not have enjoyed high scores in the area of corporate governance, but this may change soon. The "Japan Revitalization Strategy (Revised in 2014)," commonly known as the third arrow of the "Abenomics" (the economic policies advocated by Japanese Prime...

 

HTMLDelaware Court of Chancery Rules to Invalidate Two Post-Closing Obligations in the Audax Merger
Duane Morris LLP;
Legal Alert/Article
February 25, 2015, previously published on January 30, 2015
The recent volume of court decisions affecting the merger and acquisition landscape is outpaced only by the recent volume of merger and acquisition deals. These court decisions underscore the significance of properly structuring mergers and new platform and add-on acquisitions alike in order to...

 

HTMLDelaware Court of Chancery Rejects Share-Tracing Standing Requirement for Appraisal Petitioners
Alex Kuljis, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on February 20, 2015
The Delaware Court of Chancery issued companion opinions clarifying Delaware’s standing requirements for appraisal petitions under 8 Del. C. § 262. In In re Appraisal of Ancestry.com, Inc., C.A. No. 8173-VGC, 2015 WL 66825 (Del. Ch. Jan. 5, 2015), and Merion Capital LP v. BMC Software,...

 

Adobe PDFAmbac Assurance Corp. v. Countrywide Home Loans, Inc.: New York Appellate Court Applies Common-Interest Privilege to Merger Parties’ Pre-Closing Communications; First Judicial Department Breaks With Other New York Courts and Applies Common-Interest Privilege to Communications not Related to Litigation
Brian T. Frawley, Joseph B. Frumkin, Robert J. Giuffra, John L. Hardiman, William B. Monahan; Sullivan & Cromwell LLP;
Legal Alert/Article
February 17, 2015, previously published on December 10, 2014
On December 4, 2014, the Appellate Division of the Supreme Court of New York, First Judicial Department (“First Department”), issued Ambac Assurance Corp. v. Countrywide Home Loans, Inc., a decision holding that parties to mergers or other transactions may, in some circumstances, assert...

 

HTMLMini-Tenders 201: Responding to Mini-Tender Offers
Matthew Cumming, Shane C. D'Souza, Matthew Griffin; McCarthy Tétrault LLP;
Legal Alert/Article
February 6, 2015, previously published on November 14, 2014
In our previous article, we introduced mini-tenders and discussed the factors that should be considered before launching a mini-tender offer. As a refresher, a mini-tender is an offer to purchase securities below the threshold that triggers regulatory rules for take-over bids. Such an offer is not...

 

HTMLCrossing the M&A Finish Line when Selling Your Business
Bryan C. Haynes; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on January 12, 2015
In a trending discussion on Linkedin.com from the Business Succession Canada group, R. John Dolbec provides an excellent overview on selling a business and aptly likens the process to running a marathon (Selling Your Business is Like Running a Marathon). He describes the long and arduous process of...

 

HTMLJudicial Review Application Preserved in Transfer Pricing Penalty Case
Claire M.C. Kennedy; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on October 1, 2014
A recent Federal Court of Appeal (FCA) case illustrates how contentious transfer pricing disputes can be ¿ even one a taxpayer believed had been resolved! It also represents a rare situation in which the taxpayer’s application for judicial review, alleging abuse on the part of the...

 

HTMLSound Legal Advice Can Strengthen Your Business
Bryan C. Haynes; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on April 7, 2014
In a recent article in The Globe and Mail, “Forget the fees, this is why businesses need sound legal advice,” Chris Griffiths discusses how sound legal advice can strengthen your business.

 

HTMLAdvisory Boards Contribute to the Success of Business
Bryan C. Haynes; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on March 31, 2014
In a recent article in the Financial Post, “Advisory boards boost Canadian small businesses, but only 6% use one, study says,” Armina Ligaya describes how advisory boards can make a difference in your business.

 


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