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Results: 1-10 of 138

Financing the exercise of rights of first refusal

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 2 2007

Most shareholders agreements allow shareholders to sell their shares, subject to certain rights granted to the other parties to the agreement

Some observations on the business judgment rule

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 2 2007

The Supreme Court of Canada in Peoples Department Store Inc. (Trustee of) v. Wise revisited the question of the business judgment rule in Canada

Arbitration clauses, consumer contracts and class proceedings: the Canadian approach

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 2 2007

The limited Canadian case law dealing with the enforceability of mandatory arbitration clauses in consumer contracts has been inconsistent, with courts in Ontario, British Columbia and Québec reaching somewhat different conclusions

Shareholders still cannot sue for wrongs to the company

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 2 2007

The 1843 decision Foss v. Harbottle held that shareholders cannot sue for a wrong done to the company

Doing international biotech collaborations in uncertain economic times

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • April 30 2009

The current financial crisis, coupled with the historic uncertainty of returns in the biotechnology industry, has significantly reduced biotech companies’ access to capital markets

CCGG advances ‘say-on-pay’ policy and executive compensation principles

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 2 2009

The views of the Canadian Coalition for Good Governance (CCGG) on executive compensation have evolved and advanced with the release in April 2009 of the CCGG’s Shareholder Engagement and ‘Say-on-Pay’ Policy and in June 2009 of the CCGG’s Executive Compensation Principles

D&O indemnification for legal fees

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 30 2007

Corporate statutes permit corporations to indemnify former directors and officers who, by virtue of their offices, reasonably incur legal costs in actions or proceedings against such costs and any related judgments, provided that these individuals acted honestly and in good faith with a view to the best interests of their corporations and had reasonable grounds for believing that their conduct was lawful

Changes to officer certification requirements National Instrument 52-109

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 25 2008

On August 15, 2008, the members of the Canadian Securities Administrators (CSA) issued the final text of new National Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings, together with related new forms and new Companion Policy 52-109CP (collectively, the New Instrument

1.5 trillion reasons why climate change impacts are material disclosure

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • October 1 2007

In our previous column we looked at some global examples of how the emergence of Clean Technology (Clean Tech) has changed the way business and industry look to do business

Internal investigations: a checklist

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • October 30 2007

Consider these scenarios: an industrial accident results in a workplace fatality; an anonymous whistleblower tip raises suspicion of a significant internal fraud; a serious allegation of wrongdoing is made against a long-time employee

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