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Canadian Securities Litigation Outlook 2017: Trends to Watch for Capital Markets Participants

Published: 10/17/2017

By Wendy Berman, Kate Byers, Carly Cohen, Robert B. Cohen, Christopher Horkins, Lara Jackson, David Kelman, Jessica L. Lewis, Alexandra Murphy, John M. Picone, Brigeeta C. Richdale, Derek Ronde, Christopher Selby, Lorne Silver, Stephanie Voudouris

The latest issue of the Canadian Securities Litigation Outlook provides a helpful analysis of securities litigation developments from the past 12 months and looks at trends to watch in 2018.

Read the full report for a review of the implications and lessons learned from three key M&A decisions, ranging from the court’s role in approving plan of arrangement transactions to the power of regulators to review and unwind private placement transactions in the context of hostile take-over bids and contested proxy contests.

The report also examines how to protect confidential information in the context of eroding deal team privilege protection, the implications of increased cooperation and sharing of information among securities regulators, the importance of robust insider trading compliance protections in the face of recent successful insider trading prosecutions in Canada and US, recent developments in Canadian securities class actions, and the use of no contest and other creative settlement agreements by market participants to resolve concurrent civil and regulatory proceedings.

Chapters include:

  • Change of Control Transactions: Heightened Scrutiny and Intervention
  • Circumstantial Success: A Renewed Focus on Insider Trading
  • Not so Confidential: Erosion of Protection Over Corporate Information
  • Complex Chessboard: Securities Regulatory Settlements Continue to Evolve
  • Securities Class Actions: The Best Defence is a Strong Offence

Read the full report here.