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Doing business in India
  • Nishith Desai Associates
  • Canada, Germany, India, Japan, Mauritius, Netherlands, Singapore, Switzerland, United Kingdom, USA
  • April 30 2015

India is the seventh largest country by area and the second-most populous country in the world. It has a large and growing middle-class with an

Ontario court upholds limitations on liability for misrepresentations contained in take-over bid circulars
  • Bennett Jones LLP
  • Canada
  • August 10 2015

In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section

Recent developments for the fourth quarter 2011
  • Baker & McKenzie
  • Japan, Netherlands, Switzerland, United Kingdom, USA, Denmark, European Union, France, Germany, Ireland, Italy, Canada, China
  • March 15 2012

The end of the year and beginning of a new year is always a busy time for us, as it is for most of our clients

Restrictive covenants in the sale of a business
  • DLA Piper LLP
  • Canada
  • June 15 2012

Restrictive covenants, by their nature, are contrary to public policy and prima facie void

Delaware Chancery Court holds investment bank liable for aiding and abetting exculpated director breach of fiduciary duties
  • Kaye Scholer LLP
  • Canada, USA
  • March 17 2014

A recent post-trial decision in In Re: Rural Metro Corporation held that a financial advisor was liable for aiding and abetting breaches of the duty

Pre-transaction confidentiality agreements: sword or shield?
  • Norton Rose Fulbright LLP
  • Canada
  • July 23 2015

A recent lawsuit has again highlighted the importance of the terms of confidentiality agreements entered into between potential targets and acquirers

Foreign spin off transactions and dividend in kind - conflicting rulings that reinforce an earlier precedent
  • Gowling Lafleur Henderson LLP
  • Canada
  • September 15 2011

On June 29, 2007, Tyco International Ltd. (“Tyco”) underwent a corporate reorganization that involved spinning off Tyco Electronics Ltd. (“Electronics”) and Covidien Ltd. (“Covidien”), and a stock consolidation

Closely-held corporations and the valuation of voting shares
  • Dentons
  • Canada
  • June 26 2009

Ironically some welcome news relating to valuation principles for shareholders of many small closely-held corporations comes from the Supreme Court of Canada’s recently released reasons for its decision involving the then proposed $52 billion leveraged buy-out of publicly traded BCE Inc

Becoming a stalking horse in distressed energy M&A transactions
  • Borden Ladner Gervais LLP
  • Canada
  • June 16 2015

In the distressed M&A context, a stalking horse refers to a potential purchaser participating in a stalking horse auction who agrees to acquire the

Earning earn-outs: new decision affirms the dangers of not negotiating objective measures and standards in earn-out provisions
  • McCarthy Tétrault LLP
  • Canada, USA
  • July 22 2015

Earn-out provisions are intended to provide a "win-win" scenario for buyers and sellers to maximize their post-closing returns. However, they can