Skip to main content

Lexpert Roundup on the Business of Law

Lexpert identifies and reports on emerging business issues and practice areas in the business of law. Whether online, in our magazine or in the DealsWire e-newsletter, we chronicle deals and lawsuits of interest, and cover issues of broad concern to the legal profession and those who purchase legal services. We hope you enjoy this sampling of our latest content.

From the DealsWire: Soliciting dealer arrangements | Telecom deal surge | Scotiabank's naming rights

The Lexpert DealsWire (subscribe here) documents facts, figures and key legal players behind recent deals. This week's announced deal spotlight features the key players and figures in Toromont's $1-billion deal to buy Hewitt Equipment.

In our closed deals section, we look at a series of wind energy deals between Pattern Energy and PSP Investments, as well as Norgine B.V., a European specialist pharmaceutical company, acquiring Merus Labs of Toronto.

We also look at the players behind Riverside Lobster International's sale to Champlain Financial; and the sale of a majority stake in Kicking Horse Coffee to Lavazza Group.

IP Owners Level Up

Nintendo wasn't expecting a major payout when it sued a small retailer for copyright infringement. What it expected was far more valuable–to redefine the law around media piracy. The decision in Nintendo v. King takes a tough line on media piracy and strengthens IP around proprietary physical shapes (like video game cartridges).

Graphic: Telecom Deal Surge

The past couple of years have seen a surge in M&A transactions (over US$50-million) in the telecommunications sector. BCE's US$3.7-billion acquisition of Bell Aliant started it all off in 2014, but since then we've also seen big deals in the telecom hardware sector from the likes of Brookfield Infrastructure and satellite developer MDA.

Last Stop on the 'Administrative Ride'

How far can bureaucrats go in refusing to follow decisions of administrative tribunals? That was the question raised by an importing company in Canada v. Bri-Chem Supply. The court's answer seems intuitive: not very far. But if not for an anonymous source who, in the late stages of litigation, provided lead counsel for the importers with an envelope of critical documents, the bureaucrats and administrators at the Canada Border Services Agency (CBSA) might still be getting away with disregarding the directions of the Canadian International Trade Tribunal (CITT).

To Tweet or Not to Tweet

The Canadian Securities Administrators have reasserted the rules around material disclosure, particularly as they apply to social media. The regulator strictly maintains that no material event has been properly disclosed until it's published through traditional channels. Dabblers in Facebook and Twitter, beware.

Lexpert publishes 2017 Infrastructure special edition in Globe and Mail's Report on Business

Produced in strategic partnership with the Canadian Council for Public-Private Partnerships (CCPPP), the Lexpert Special Edition on Canada's Leading Infrastructure Lawyers includes feature articles on current trends and events in the industry and profiles a diverse group of Lexpert-ranked practitioners that serve the infrastructure sector. The special edition was published within the September edition of The Globe and Mail's Report on Business Magazine. Click here to view the digital edition.

How P3 Shaped Vancouver

Vancouver ranks among the most livable cities in the world – an enviable status owing in no small part to the city's P3-driven transit expansion.

Taking a Chance Abroad

Companies looking to bid on emerging market P3 projects must take care. But while the legal and regulatory risks are significant, the rewards may be even greater.

Partnerships in Health Care

There's a fine balance when it comes to public health care and private interests. On the whole, however, Canada's pioneering work in health-care P3 serves as a model for the world.

Banking on Infrastructure

There's concern about the newly announced Canada Infrastructure Bank. But if it's done right, the CIB could provide a much-needed boost to spending.

Alberta gives soliciting dealer arrangement a green light – for now

While the regulatory green light has started to glow on soliciting dealer fees following the Alberta Securities Commission's (ASC's) recent decision in Re PointNorth Capital, target practice will almost certainly continue.

The Director of Legal Operations

Why should companies hire their own legal executives? For the significant return they'll receive on investment, writes Law Departments columnist Richard Stock.

Combining Our Forces

Lexpert's editor-in-chief, Jean Cumming, describes how in the dawning era of artificial intelligence, humans must learn to harness the power of the machine. For example, a host of contracts are highly suited to computer analysis.

Word of Mouth Referrals Still Best

Although times are changing and the practice of law is changing with them, there are some things that will forever be the same, and one of those is the power of the word-of-mouth referral, writes marketing columnist Donna Wannop.

Follow @Lexpert on Twitter.

Interact with The Globe