Lexpert Special Editions

Corporate Law June 2014

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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6 | SHAREHOLDER ACTIVISM Lexpert Special Edition Braithwaite, William J. Stikeman Elliott LLP (416) 869-5654 wbraithwaite@ stikeman.com Chair of the fi rm, senior partner in the Toronto offi ce and sits on the fi rm's Executive Committee. Mr. Braithwaite has a transactional practice focusing primarily on public M&A and also advises governments and regulators on policy matters. Brender, Mark D. Osler, Hoskin & Harcourt LLP (514) 904-5777 mbrender@osler.com Mr. Brender's practice includes domestic and international tax planning, corporate reorganizations, inbound and outbound mergers and acquisitions/ divestitures, fi nancings, executive compensation and estate planning. Burgoyne, Terrence R. Osler, Hoskin & Harcourt LLP (416) 862-6601 tburgoyne@osler.com Mr. Burgoyne advises Canadian and international clients on complex, multi-jurisdictional transactions, primarily involving private M&A, JVs and strategic alliances in the manufacturing, fi nancial, travel, retail and services sectors. Branchaud, René Laver y, de Billy, L.L.P. (514) 877-3040 rbranchaud@laver y.ca Mr. Branchaud's mining law practice embraces corporate structuring, private placements, public off erings, stock exchange listings, joint venture agreements, mergers, acquisitions and corporate governance. Bugden, Lydia Stewart McKelvey (902) 420-3372 lbugden@ stewartmckelvey.com Ms. Bugden's experience embraces project fi nancing, land assembly and regulator y matters on energy projects; M&A, fi nancing, restructuring and governance for corporations; and bi- lateral and syndicated credit facilities for banking clients. Cameron, Gordon K. Blake, Cassels & Graydon LLP (613) 788-2222 gord.cameron@blakes.com Mr. Cameron's administrative practice includes appearing before the NEB, OEB, CITT and other federal tribunals. His commercial litigation practice embraces public procurement, contractual and shareholder disputes, and employment law. He was presumably referring to Bill Ackman, the CEO of Pershing Square Capital Management who took on CP Rail, billionaire investor Carl Icahn who tangoed with Talisman Energy Inc., and Jana Partners LLC, the US hedge fund that did battle with Agrium Inc. Garth Girvan, a senior partner at Mc- Carthy Tétrault LLP, agrees that certain elements of the Canadian regime do make it easier for activists. As for some kind of US activist invasion, he doesn't think it's a trend that should have Cana- dians concerned. "Although American activists have been catalysts for change, to the extent that they eff ect change it o en inures to the benefi t of the entire shareholder base, and theoretically to the business commu- nity and the economy as a whole," Gir- van says. "Look at CP. e catalyst was an American but the company appears to have gone in a diff erent direction at Ackman's urging and that's created huge shareholder value." If you want to talk about American activists driving change, there's no better case in point than Carl Icahn. When he turned his attention to Talis- man last year, his actions changed proxy battles forever — in Canada and every- where else. Todd Korol/Reuters LEXPERT ® RANKED LAWYERS

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