The recent Ontario Superior Court decision, Lavender v Miller Bernstein, serves as a reminder – and a warning – that the Canadian jurisprudence is beginning to recognize a cause of action in negligence emerging from a negligent misrepresentation where the representor owes a duty of care to the representee.

The movie theater – also known as the cinema in some countries – has enjoyed strong growth in recent years. Revenues, measured by box office sales, grew year-on-year from the mid-1990s to 2006, a year in which sales totaled $25 billion.

The recent decision of the Ontario Court of Appeal in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 is significant for being one of the first to cite the Supreme Court of Canada's decision in...

This report has been commissioned by the Association of British Insurers (ABI) to assist its life assurance member firms in their work to prepare their company’s Individual Capital Assessment (ICA). The report considers how firms may demonstrate the benefit of the diversification effect between key risks and take credit for this in their capital calculation.

In a recent decision (Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337), the Ontario Court of Appeal expanded the scope of negligence claims for pure economic loss and...

Since our last post, the Supreme Court has granted and denied leave in a few significant cases that will be of interest to our readers.

The UK Supreme Court has released an important decision, limiting the circumstances when the actions of a directing mind can be attributed ...

The latest ruling in the US Parmalat litigation has dismissed claims against Grant Thornton and Bank of America on the grounds that the claimant Parmalat companies were themselves involved in the underlying frauds.

On 28 March 2008, Medicines Australia set a global precedent for the pharmaceutical industry by publishing its first report on medical education events held or sponsored by its member companies.

Fraud continues to be an issue faced by businesses and individuals in Canada and internationally. In asset recovery, the equitable doctrine of knowing assistance is often used to catch

In the recently released decision of Ernst & Young Inc. v. Aquino1, the Ontario Court of Appeal upheld a decision of the Ontario Superior Court's Commercial List that...

Our focus this month is on a recent ruling from the Tenth Circuit that addressed the permissible scope of discovery of a plan administrator's dual role conflict of interest.

On September 24, Cooley M&A partner, Garth Osterman, moderated a webinar on the current trend in going public: SPACs! Dave Peinsipp, co-chair of Cooley's capital markets practice group...

Should a corporation be affixed with the fraudulent or other nefarious intent of its directing minds?

In its recent decision Wright v. Horizons ETFS Management (Canada) Inc., the Court of Appeal for Ontario set aside the dismissal of the plaintiff's motion for certification on the basis that...

Free-standing freezing orders (or Mareva injunctions) have once again been considered by the Cayman Islands Grand Court.

Mergers and acquisitions (M&A) are a key driving force of today’s business environment. Few of the companies that dominate UK corporate life today have been able to make their journey without a successful history of transactions. Over the next decade, M&A is likely to remain a key issue, climbing the corporate agenda steadily.

Amid the fallout from the scandals at Enron, Worldcom and numerous other companies has been a renewed focus on corporate compensation practices.

In Sandra Holdings v Saleh CA 003/2023, the DIFC Court of Appeal overturned Sir Jeremy Cooke J's judgment in Jones v Jones CFI 043/2022, ruling that injunctive relief...

In opinions issued on the same day, federal appellate courts for the Second Circuit and the Eleventh Circuit both recently affirmed dismissals of securities-fraud claims filed against independent audit firms ..