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  • Article

    Continued Optimism For Secondaries Markets

    The first half of 2025 has seen the continuation of a difficult period for the private equity industry in recent years. Only a few months ago, our PE Pulse market sentiment survey suggested that 2025...
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    Recalls of Medical Devices Imposed by Health Canada: The Legal Landscape

    Recalls of medical devices in Canada may be initiated voluntarily by a device manufacturer or may be requested by the Health Products and Food Branch Inspectorate (the Inspectorate) of Health Canada.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Final CFIUS Regulations On Reviewing Foreign Investments In The United States

    The Committee on Foreign Investment in the United States (CFIUS) reviews foreign investments in U.S. businesses for the impact of these investments on national security.
    United StatesStrategy
    Torys LLP
    Torys LLP
  • Article

    In PetroFrontier, Alberta Court Of Appeal Advises On Protecting Solicitor-client Privilege When Pleading

    PetroFrontier Corp v Macquarie Capital Markets Canada Ltd, 2022 ABCA 136 arose from a bought-deal securities offering gone wrong.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Consultation On The Revised PMPRB Proposed Practice Directions

    Canada’s Patented Medicine Prices Review Board (PMPRB or the Board) is developing non-binding Practice Directions to guide procedural matters in Board hearings that are not already covered by its existing Rules of Practice and Procedure1.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Torys
    Torys
  • Article

    Canadian Withholding Tax Eliminated On Interest Payments To Unrelated U.S. Lenders

    As of January 1, 2008, withholding tax is no longer payable on most interest payments made by Canadian borrowers to arm’s-length lenders, including lenders that reside in the United States.
    United StatesCorporate/Commercial Law
    Torys LLP
    Torys LLP
  • Article

    Recent Rise In The Use Of Tender Offers In The United States

    As a result of current market uncertainties encouraging buyers and sellers to close deals more quickly and the Securities and Exchange Commission’s (SEC’s) clarification of the "all holders/best price" rule, tender offers have been increasing as a percentage of overall U.S. public M&A activity over the past couple of years.
    United StatesCorporate/Commercial Law
    Torys LLP
    Torys LLP
  • Article

    Emails Satisfy “Signed Writing” Requirement Of New York Statute Of Frauds And Employment Agreement

    In “Stevens v. Publicis, S.A.”, Stevens sold his New York public relations firm to Publicis, S.A., a French communications company. As part of the transaction, Stevens signed an employment agreement to continue as chairman and chief executive officer of the transferred business.
    United StatesEmployment and HR
    Torys LLP
    Torys LLP
  • Article

    Torys On Budget 2025: The Climate Competitiveness Strategy

    Central to the 2025 Federal Budget was a climate competitiveness strategy—a roadmap for Canada's bid to become a "clean energy superpower". The strategy focuses on refining Canada's industrial carbon pricing system...
    CanadaEnergy and Natural Resources
    Torys
    Torys
  • Article

    Cross-Border Distressed M&A: Section 363 Sales In Chapter 15 Cases

    During the present downturn in the U.S. economy, opportunities exist for investors in global distressed asset markets.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Torys LLP
    Torys LLP
  • Article

    CED Title 80, "International Law", 4th Edition

    Our purpose from the outset was to depart from previous iterations of this Title which were more academically rather than practically oriented in terms of selected topics and approaches to an immense field.
    GlobalInternational Law
    Cambridge LLP
    Cambridge LLP
  • Article

    The Status Of Poison Pills In The United States And Canada Recent Delaware Development

    On February 15, 2011, in Air Products v. Airgas, the Delaware Court of Chancery upheld a "poison pill" strategy that U.S. companies have for decades used to thwart hostile takeover attempts.
    United StatesCorporate/Commercial Law
    Torys LLP
    Torys LLP
  • Article

    SEC Takes Unprecedented Action Under Section 304 Of SOX

    On July 22, the Securities and Exchange Commission (SEC) commenced an enforcement action against Maynard L. Jenkins, former chief executive officer of CSK Auto Corporation, under Section 304 of the Sarbanes-Oxley Act of 2002 (SOX) to recover more than $4 million that he had received in bonuses and stock sales profits while CSK was allegedly committing accounting fraud.
    United StatesFinance and Banking
    Torys LLP
    Torys LLP
  • Article

    Court Considers Corporate Disclosure In Face Of Proxy Fight

    In its recent decision in Smoothwater Capital Partners LP I v. Equity Financial Holdings Inc., the Ontario Superior Court of Justice considered the interplay between corporate disclosure and proxy solicitation, and recognized that a corporation facing an attack from dissidents is able to make disclosure in response to the attack without necessarily breaching the proxy solicitation rules.
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    Auditor Attestation Deadline Is Extended for Some Companies

    The SEC is giving small U.S. companies and all but the largest foreign private issuers more time to comply with the requirement for auditor attestation of internal control over financial reporting. Section 404 of the Sarbanes-Oxley Act of 2002 requires companies to include in their annual reports.
    United StatesCorporate/Commercial Law
    Torys LLP
    Torys LLP
  • Article

    Auditing Offset Projects: Next steps for North America

    Emissions offset systems have become a favored method of containing the compliance costs of capand-trade systems.
    United StatesEnvironment
    Torys LLP
    Torys LLP
  • Article

    U.S. Environmental Law May Affect Businesses in Canada

    An important decision of the U.S. District Court for the Eastern District of Washington (<I>Pakootas v. Teck Cominco Metals, Ltd.)</I> has potentially extended the reach of U.S. environmental laws to businesses in Canada that cause pollution in the United States—even though the firm’s initial discharge of pollutants occurred in Canada.
    United StatesEnvironment
    Torys LLP
    Torys LLP
  • Article

    New Rules In The United States For Interactions With Credit Rating Agencies

    On April 10, 2009, new rules relating to the interaction between companies and credit rating agencies will go into effect.
    United StatesFinance and Banking
    Torys LLP
    Torys LLP
  • Article

    U.S. Sentencing Commission to Rescind Guideline That Conditions Sentencing Leniency on Waivers of Attorney-Client Privilege

    The U.S. Sentencing Commission, which establishes criminal sentencing policies and practices for U.S. federal courts, has voted unanimously to rescind a controversial sentencing guideline that purports to condition leniency in sentencing on a business’s waiver of attorney-client privilege.
    United StatesGovernment, Public Sector
    Torys LLP
    Torys LLP
  • Article

    Patentees May Request Recalculation Of U.S. Patent Terms

    The United States Patent and Trademark Office (PTO) has released guidelines explaining how patentees of recently issued patents may request the recalculation of the terms of their patents.
    United StatesIntellectual Property
    Torys LLP
    Torys LLP

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