The Ontario court recently issued an injunction to stop Rusoro Mining Ltd from continuing with a hostile bid for Gold Reserve Inc. Rusoro, who had no confidentiality agreement with Gold Reserve and no standstill obligations, were found by the court to have made use of confidential information provided to them by advisors with whom Gold Reserve already had such an agreement and to whom the confidential information was disclosed. The outcome and the reasons for the decision are instructive for professional advisors on the issues of handling confidential information and the consequences of not taking appropriate steps to protect its confidentiality. Our commentary on this decision can be viewed at the following link: http://www.fasken.com/cim_eye_on_business_june2009/
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‘Confidential’ means what it says
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Senior Patent Counsel
Royal DSM NV