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Contact Information

dbutler@casselsbrock.com

Telephone: 416 860 6449
Fax: 416 646 5475

Cassels Brock & Blackwell LLP
2100 Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2
Canada

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Profile

David Butler

David is a partner in our Business Law Group. His clients are Fortune 500 companies, multinational organizations, private companies and trade associations in a variety of important sectors including automotive distribution and parts supply, consumer and industrial products, distribution and logistics, financial services, healthcare, high-tech, medical devices and pharmaceuticals, metals and mining, and outsourcing. He advises clients on their governance and strategic legal issues as well as on their day-to-day business and commercial law needs domestically and internationally. His practice includes negotiated mergers, acquisitions, and re-organizations as well commercial, competition, distribution and logistics law, and regulatory compliance. He also has significant experience in public policy. He is a corporate director and has held senior law firm management positions. David joined Cassels Brock from another large Toronto based law firm in February 2008. He chairs the Life Sciences Group. David speaks and writes on legal and law practice issues. David is an active community volunteer.

Representative Services

David is focused on delivering legal services to his clients which align with their expectations of high quality, outstanding service and excellent value. His services to clients include:

  • Developing anti-bribery and anti-competition policy for an organization with global operations having regard to the UK Anti-Bribery Act
  • Broad governance advice to Real Estate Council of Ontario on Directors and Officers Duties and Responsibilities
  • Leading team in connection with acquisition of medical device manufacturer
  • Managing strategic litigation for an industry association against the European Union involving an application for review through the English Court of Queen’s Bench (Administrative Division) to the European Court of Justice; an application to the General Court (European Union); a complaint to the European Ambassador; an application to the General Court for access to information; and, representations to various WTO members in respect of submissions to meetings of Technical Barriers to Trace Committee
  • Supporting and co-ordinating the Cassels Brock team in three successive portfolio acquisitions by an inventory finance company
  • Leading team in the establishment of an inventory finance company in Canada (including formation and structure) all Bank Act and related compliance and development of Canada wide documentation
  • Leading team in complete documentation review for Japanese automobile distributor in Canada
  • Managing all aspects of wind down and closing of a Canadian subsidiary of a US parent company in Chapter 11 and securing almost $3,500,000 for its shareholders
  • Leading tender offer for building products company
  • Leading tender offer for public buying group
  • Leading outsourcings including logistics, and government services
  • Leading legal challenge on behalf of pesticide industry to City of Toronto by-law restricting pesticides
  • Leading teams on various M&A transactions including acquisitions, dispositions and reorganizations
  • Advising on all aspects of distributor network reorganizations to enhance channel distribution and associated distributor terminations and distributor documentation
  • Advising on all aspects of national dealer network (1400+ dealers) and introductions of specialty dealers, including pricing, rebate, co-op, and marketing programs and all dealer documentation
  • Advising on all aspects of dealer/distributor terminations from before the decision to terminate through to final reconciliation of accounts, all with the objective of executing the termination at reasonable cost and on reasonable terms
  • Advising on product issues for automobiles, electrical products, pharmaceutical and medical devices, textiles and product recalls including for multi-country products
  • Responding to Competition Bureau inquiries regarding distributor's market restrictions on out of territory sales by dealers and inquiries on misleading competition
  • Initiating and managing strategic complaint to Competition Bureau regarding competitor's abuse of dominant position and unfair business practices
  • Initiating and managing strategic complaint to Competition Bureau and other regulatory agencies on allergy advertising practices resulting in changes in competitors advertising practices
  • Advising on and dealing directly with regulatory agencies to achieve "in compliance" determinations or respond to "out of compliance" allegations
  • Advising business coalition on strategy and tactics on proposed federal legislation for products coming into contact with drinking water and representing them with senior bureaucrats and elected officials (federal and provincial)

Speaking and Writing

David frequently speaks and writes on legal and law practice issues.  His presentations and publications include:

Publications

  • July/August 2008:  Beyond the billable hour. Managing Partner, Vol 11, Issue 3 (co-author)
  • September 2007:  United States Supreme Court: Suggested Retail Prices no Longer Just a Suggestion  But Beware: In Canada, Price Maintenance Remains Illegal! Competition Law Bulletin (co-author)
  • June 2005:  Ontario Government Heeds Call for Business Law Reform. Business Law Reform Bulletin (co-author)
  • April 2005:  Cross-Border Risks in Minimum Advertised Price Programs. The Antitrust Counselor (co-author) 
  • March 2005:  Stranded in 1971 - Our provincial elected representatives can fix the antiquated state of our commercial laws with the stroke of a pen. Let's get on with it. From The National Post - Comment, March 3, 2005 (co-author)
  • February 15, 2005:  Proposal for Ontario Business Law Reform (co-author)
  • September 2004:  Challenges in Distribution: Terminating Dealers and Distributors. Corporate & Commercial and Litigation Bulletin (co-author)
  • February 25, 2004:  PSEP and DHS: Implications for Business In our New Security Conscious Environment. Public Safety and Emergency Preparedness. Canada & US Department of Homeland Security Seminar
  • May 1999:  Nickled and Dimed: Why Your Clients Hate Being Charged for Disbursements. lead interviewee in the Canadian Lawyer
  • October 1998:  Brave New Bills. interviewee in the Canadian Lawyer
  • Summer 1997:  New Ways to Bill. lead interviewee in the National
  • Winter 1997:  Unilateral Minimum Advertised Price Programs. The Canadian Law Newsletter (co-author) 
  • Summer 1995:  Picking Counsel Aboard. published in Professional Administrator (co-author)

Presentations

  • Speaker on “Understanding the Canadian Market for Medical Devices” in the segment “Pan-Canadian Access; Selling Direct v. Working with Distributors” at the Canadian Medical Device market Access & Government Affairs Conference, Toronto, On. December 6, 2011
  • Speaker on "The Art of Business Negotiation in Canada" to the International Trade Council. Western New York, USA
  • Co-Chaired "Doing Business in the International Marketplace". Conference in Buffalo, USA
  • Roundtable participant "Preferred Providers: Designing and Implementing a Law Firm Network”. Martindale Hubbell Counsel to Counsel Forum. October 2, 2004
  • Speaker on "International Law: Anti-Money Laundering Regulations and Compliance with Know-Your-Client ("KYC") Policies" to State Capital Global Law Firm Group. Las Vegas, USA September 2004
  • Chaired and presented at two-day program entitled “Transactions” for Professional Development Program. Osgoode Hall Law of York University. May 2004, 2003, 2002 and 2001
  • Speaker on "Homeland Security" to State Capital Global Law Firm Group. New Orleans, USA March 2004
  • Speaker on “Implications for Business in Our New Security Conscious Environment” at the Public Safety and Emergency Preparedness Canada & US Department of Homeland Security conference. Toronto, ON February 25, 2004
  • Speaker on "Selection of Foreign Counsel and Other Special Concerns Associated with Doing Business Abroad”. International Law Conference - State University of New York (SUNY) at Buffalo
  • Roundtable participant "Running Lean: A Roundtable on Small Law Department Practices". Martindale Hubbell Counsel to Counsel Forum. June 2003
  • Roundtable participant "Best Practices in Managing Outside Lawyers Internationally". Martindale Hubbell Counsel to Counsel Forum. May 2002
  • Co-Chaired and organized "Doing Business in the International Marketplace". Mississauga, Canada
  • Speaker on "An Overview of Selected Aspects of Purchase Agreements" for Insight Conference "How to Structure and Document Major Business Transactions"
  • Chaired (and organized) one-day program entitled "Designing the Commercial Agreement" for the Department of Continuing Education. Law Society of Upper Canada
  • Speaker on "Trading Spending and Sections 34 & 35 of the Combines Investigation Act (Canada)" to Grocery Products Manufacturers of Canada
  • Speaker on "The Personal Property Security Act (Ontario) to The Service Equipment Industry Credit Group
  • Speaker on Permanent Financing at the Motion Picture Institute of Canada's Feature Film Financing Seminar
  • Regular speaker on Anti-Trust and Competition Compliance, Marketing and Advertising Law to clients and trade associations
  • Speaker on "Planning and Completing Successful Acquisitions, Takeovers and Leveraged Buyouts". The 1988 Canadian Corporate Secretaries and Professional Administrators Conference
  • Former Instructor in Corporate/Commercial Law Section of Bar Admission Course of the Law Society of Upper Canada
  • Speaker on Contracts of Credit at 1979 Meredith Lecture at Faculty of Law, Publication: "Contracts of Credit: An Ontario Perspective". McGill University

Community Participation

David is an active community volunteer and has always been adamant in serving his community in board and other capacities. His community work includes:

  • cnib – National Ontario Region, Advisory Board Member (2005 - 2008)
  • cnib, Risk Management Committee (2007 - 2008)
  • The Mississauga Hospital, Director (1991-1998) and Chairman of the Board (1995-1997)
  • Junior Achievement of Peel Inc., Director (1993-1995)
  • Economic Development Advisory Board, City of Mississauga, Member (1994-1996) and Chairman (1996)
  • The Japan Society, Honorary Counsel (1994-2001)
  • Scouts Canada, Mississauga Region, Honorary Solicitor (1994-1998)

Education

Directors Program, Richard Ivey School of Business, University of Western Ontario, 1996
J.D., University of Toronto, 1973
B.A. (Economics), McGill University, 1970

Achievements

  • Martindale-Hubbell, AV Preeminent™ rating

Call to the bar

Ontario, 1975 (with Honours)

Associations

  • American Bar Association (Antitrust Law, Business Law, International Law and Law Practice Management Sections)
  • Canadian Bar Association (Business Law, Competition Law and Corporate Counsel - Ontario Sections)
  • International Bar Association (Antitrust Law and Monopolies Section and Consumer Affairs, Advertising, Unfair Competition, and Products Liability Section)
  • New York State Bar Association (International Bar and Practice Section, Buffalo Chapter)

Practice Areas