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Canada-US tax treaty changes

Stikeman Elliott LLP
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Canada, USA
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February 12 2008

On December 14, 2007, the fifth Protocol to the Canada-U.S. Income Tax Convention (the "Treaty") was ratified by Canada when Bill S-2 received royal assent

Canadian plans of arrangement: an attractive structure for the cross-border merger

Stikeman Elliott LLP
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Canada, USA
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July 24 2007

In recent years, as multi-billion dollar U.S.-Canada cross-border M&A transactions have become more commonplace, the plan of arrangement has frequently been the preferred transaction structure

Privacy Commissioner releases important SWIFT decision

Stikeman Elliott LLP
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Canada, USA
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July 19 2007

On April 2, 2007, the Assistant Commissioner of the Office of the Privacy Commissioner of Canada (OPCC) issued his decision (Case Summary 365) in the case involving the Society for Worldwide Interbank Financial Telecommuncation (SWIFT

Cross-border structuring and acquisition financing

Stikeman Elliott LLP
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Canada, USA
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July 24 2007

Cross-border acquisitions invariably involve some form of acquisition financing, whether debt or equity, and U.S. lenders and investors often ask Stikeman Elliott to identify the structuring and financing issues that are characteristic of U.S.-Canadian transactions

The business judgment rule after Disney

Stikeman Elliott LLP
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Canada, USA
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July 24 2007

This article outlines the current state of the business judgment rule in the U.S. and Canada, with particular attention to the recent Walt Disney litigation in Delaware over the large termination package by some accounts as high as $140 million paid to Michael Ovitz after his 14 months as company president

United States Federal Circuit to reconsider the patentability of new business methods

Stikeman Elliott LLP
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Canada, USA
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April 16 2008

On February 15, 2008, the United States Court of Appeals for the Federal Circuit issued an en banc Order stating that the full Court will rehear the appeal of In Re Bernard L. Bilski and Rand A. Warsaw

Bureau releases Abitibi-Bowater technical backgrounder

Stikeman Elliott LLP
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Canada, USA
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November 15 2007

On October 30, 2007, the Competition Bureau (the Bureau) released its technical backgrounder on the approval of the pulp-and-paper merger involving Montreal-based Abitibi-Consolidated Inc. and South Carolina-based Bowater Incorporated

Cross-border transactions: recent tax developments

Stikeman Elliott LLP
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Canada, USA
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November 20 2007

In his 2007 Canadian Federal Budget (the Budget), the Minister of Finance (the Minister) announced that an agreement in principle had been reached on a number of significant amendments to the Canada-U.S. Tax Convention (the Treaty) that deal with some long-standing impediments to cross-border transactions

Proposed settlement of class action relating to minority buyout fails to win the approval of the Delaware Court of Chancery

Stikeman Elliott LLP
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Canada, USA
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November 20 2007

Exploratory negotiations towards a going private transaction may well have violated a shareholders' agreement provision barring such discussions unless the Special Committee invited them - ruling suggests that such an invitation may need to be formally issued before negotiations begin, not merely at the point where the price settled on is to be voted on