David Phillips

David Phillips

Bennett Jones LLP

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2015 Canadian Proxy Season – New Requirements and Continuing Trends

Annual meeting season for Canadian public companies starts soon. What new requirements and continuing trends will companies face in 2015? This update discusses some of them. - New requirements: The following new...more

2/24/2015 - Annual Meeting Board of Directors Canada Clawbacks Say-on-Pay Shareholder Activism

Reserves Reports and Asset Write-Downs – Legal Consequences for Public Companies

Summary - - Low oil prices may have a significant impact on reserves reports, financial statements and reserves based credit facilities of oil-weighted energy companies in Canada. How will reserves reports and...more

2/13/2015 - Canada Commodities Energy Sector Oil & Gas Oil Prices

Final Disclosure Rules Regarding Women on Boards and in Senior Management

TSX-listed companies will almost certainly need to include disclosure in their information circulars or annual information forms on the representation of women on their boards and in senior management for the 2015 proxy...more

10/20/2014 - Board of Directors Canada Disclosure Requirements Diversity Proxy Statements Publicly-Traded Companies

IIROC Proposes Guidance for Underwriting Due Diligence

The Investment Industry Regulatory Organization of Canada (IIROC) published proposed guidance on March 6, 2014, setting forth nine key principles for underwriting due diligence....more

3/19/2014 - Due Diligence Private Offerings Prospectus Public Offerings Underwriting

Changes to Rules for Marketing Activities during a Public Offering

The Canadian Securities Administrators (CSA) have adopted amendments to the rules governing permissible marketing activities in the context of a public offering. The amendments, which will come into force on August 13, 2013,...more

6/5/2013 - Amended Regulation Canada Canadian Securities Administration IPO Marketing Public Offerings Road Shows

The CSA Proposes a New Framework for Shareholder Rights Plans and Amendments to the Early Warning Reporting Regime

Last week, the Canadian Securities Administrators (CSA) published a proposed new regulatory framework for shareholder rights plans under National Instrument 62-105 Security Holder Rights Plans, and significant changes to...more

3/25/2013 - Bids Canadian Securities Administration Hostile Takeover Reporting Requirements Shareholder Rights

Damages Awarded Against Underwriter for Failing to Complete a Bought Deal

The Ontario Superior Court of Justice recently awarded damages of just over $16 million against Thomas Weisel Partners Canada Inc. (now Stifel Nicolaus Canada Inc.) for failing to close on a bought deal private placement...more

3/22/2013 - Bought Deal Letters Bought Deals Canada Damages Private Placements Termination Clauses Underwriting

Indemnification Claims Under the CCAA A - Caution for Underwriters, Auditors, Directors and Others

Indemnification clauses are often considered a critical component of risk mitigation strategies in legal relationships. However, as is well understood, the value of an indemnification clause, in the event it becomes...more

1/25/2013 - Auditors CCAA Directors Equity Claims Indemnification Clauses Insolvency Risk Mitigation Securities Underwriting

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