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Searching Content indexed under Contracts and Commercial Law by Norton Rose Fulbright Canada LLP ordered by Published Date Descending.
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1
Uses Of Blockchain In The M&A Process
We have previously explored some potential uses of blockchain in the M&A process.
Canada
24 Jun 2019
2
Large And Generous Interpretation Of "Investment Contract" And "Distribution" Under The Quebec Securities Act: AMF v. Desmarais, 2019 QCCA 898
In its recent decision (AMF v. Desmarais), the Court of Appeal upheld the conviction of a Montreal lawyer who played a central role in the distribution of investment contracts without a prospectus and who acted as a dealer ...
Canada
13 Jun 2019
3
Restriction territoriale des clauses de non-concurrence dans l'industrie technologique – lorsque la limitation semble elle-même avoir une limite
Les clauses de non-concurrence sont régulièrement utilisées tant dans le cadre de contrats commerciaux que dans le cadre de contrats d'emploi.
Canada
29 Mar 2019
5
Two Generics, One Hearing: Federal Court Orders Common Trial On Patent Validity Issues In Section 6 Actions
The Federal Court has ordered that the trial of two actions brought under the post-CETA Patented Medicines (Notice of Compliance) Regulations (the Regulations), against two separate generics,
Canada
27 Nov 2018
6
The Digital Dilemma: Cybersecurity And Boardroom Best Practices In The Technological Age
Earlier this year, Commissioner Robert Jackson Jr. of the US Securities and Exchange Commission declared that cybersecurity ...
Canada
14 Nov 2018
7
Litigation Funding In Canadian Insolvencies: A New Tool In The Toolbox?
The high (and rising) cost of complex commercial litigation proceedings remains one of the defining features of litigation in Ontario, and across Canada more broadly.
Canada
25 Oct 2018
8
The Risks Of Sealing The Deal With A Personal Guarantee
The purchase and sale of a business can involve a plethora of financial risks – one of which is often mitigated by requiring a personal guarantee.
Canada
4 Apr 2018
10
Legal Update: Common Interest Privilege In Commercial Transactions
On March 6, 2018, the Federal Court of Appeal reversed the decision of the Federal Court of Canada in Iggillis Holdings Inc v Canada (National Revenue).
Canada
14 Mar 2018
11
Smart Contracts: How Computer Programs And Blockchain Could Affect M&A
Smart contracts, which replace traditional paper documents with a computer program that automatically verifies and executes an agreement, are poised to fundamentally alter the way M&A and contract-based legal work is performed.
Canada
25 Aug 2017
12
Governing Law Clauses: "Without Regard To Conflict Of Law"
There are two primary reasons for the exclusion of the principles of conflict of laws in a governing law provision.
Canada
17 May 2017
13
Can A Cause Of Action Be Assigned In A Corporate Transaction?
What happens when a key asset of a target corporation is a cause of action? Can it be assigned to the purchaser in an asset purchase or to a "Newco" in a corporate restructuring?
Canada
13 Dec 2016
14
Can You Contract Out Of The Limitation Of Liability Convention? A Cautionary Tale
The English Supreme Court recently dealt with whether parties to a contract involving the use of a vessel can, and did, exclude the application of the Convention on Limitation of Liability for Maritime Claims 1976...
Canada
1 Dec 2016
15
Perfect Strangers: Recent Decisions Force Non-Contracting Parties Into Arbitration
Who can be forced to adjudicate a dispute by arbitration when that dispute involves strangers to the arbitration clause?
Canada
25 Nov 2016
16
M&A Considerations For Resource Issuers: Canada's Extractive Sector Transparency Measures Act
Canada's Extractive Sector Transparency Measures Act (ESTMA, or the Act) came into force on June 1, 2015.
Canada
17 Nov 2016
17
Novation Or Assignment, That Is The Question
In the context of asset acquisition, and assuming that the target's contracts are assets being transferred to the purchaser, the transfer of contracts typically requires the parties to the transaction to go through either the novation process or assignment of the contract from the seller to the purchaser.
Canada
1 Nov 2016
18
It's 2016. Proposed CBCA Amendments Aim To Improve Corporate Governance And Gender Diversity
Proposed amendments to the Canada Business Corporations Act are generally aimed at improving shareholder democracy and participation and gender diversity on boards and in senior management positions.
Canada
17 Oct 2016
19
Money Makes The World Go ‘Round: Lender Protections In Leveraged Acquisitions
With Canadian prime and US federal interest rates maintaining an all-time low since the 1980s, the current market is well-positioned for leveraged acquisitions.
Canada
1 Sep 2016
20
Commercial and Legal Considerations of Marijuana Legalization
The Government of Canada's proposal to legalize marijuana for recreational use in 2017 has been the focus of considerable media attention, and has spurred the interest of individuals and companies desiring to enter the budding industry. This article will highlight some of the potential commercial and legal issues that will likely confront prospective market entrants.
Canada
3 Jun 2016
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