WWW.LEXPERT.CA
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2016
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LEXPERT 19
Grieve, John F. Fasken Martineau DuMoulin LLP
(604) 631-4772 jgrieve@fasken.com
Mr. Grieve is the leader of the firm's Global Insolvency and Restructuring
Group. His practice is focused on complex commercial reorganizations,
and he has appeared as counsel for the Debtor, the Court Officer or the
major Creditor in virtually all of the substantial restructurings in British
Columbia over the past 30 years.
Greenfield, QC, Donald E. Bennett Jones LLP
(403) 298-3248 greenfieldd@bennettjones.com
Mr. Greenfield's energy practice spans asset and share sales and acquisitions,
LNG, midstream and other project development, production sale contracts,
JVs and limited partnerships in Canada and abroad, and Investment Canada
Act matters.
Gorman, William (Bill) Goodmans LLP
(416) 597-4118 wgorman@goodmans.ca
Mr. Gorman's practice focuses on securities law, with an emphasis
on domestic and cross-border corporate finance and M&A. He regularly
acts on public and private securities offerings and has been extensively
involved in the development of the Canadian REIT sector.
Goldsilver, Erik Borden Ladner Gervais LLP
(416) 367-6152 egoldsilver@blg.com
Mr. Goldsilver is a partner practising corporate and commercial law with
an emphasis on mining and natural resources. He acts for Canadian and
international mining companies on acquisitions and dispositions of mines,
mining projects and mining companies; project development; and mine
operations in Canada and throughout the world.
Goldman, Jay Cassels Brock & Blackwell LLP
(416) 860-6474 jgoldman@casselsbrock.com
Mr. Goldman's securities and corporate finance practice encompasses
structuring and negotiating M&A, securities, joint venture and commercial
transactions. His clients include issuers and investment dealers/advisors,
many of whom are in the mining sector.
Godber, H. John Borden Ladner Gervais LLP
(514) 954-3165 jgodber@blg.com
Mr. Godber specializes in corporate law with an emphasis on mergers
& acquisitions, corporate finance and corporate governance and has advised
many of the firm's largest clients on their strategic acquisitions, joint
ventures and public offerings. He has also advised a number of independent
committees in connection with going private transactions.
LEXPERT RANKED LAWYERS
seller's data-protection team for direct conversations
about how things are set up.
What they find can "definitely" drive down the val-
uation, says François Amyot, an M&A partner in the
business law group at McCarthy Tétrault LLP.
"When a buyer looks at a business, they're usually
looking at integrating it so they have to assess whether
they'll be able to bring its data into their own system.
"Clearly when they look at a business that has a de-
ficient IT system or issues in managing its data, that
will trigger some questions. If the answer aer further
investigation is that there's a major investment required
to update the system and make it operational going for-
ward, that could lead to major costs. It would definitely
affect valuation, so it's something that's on everybody's
due-diligence checklist."
e concerns go beyond security, says Amyot. Buyers
also want to make sure the data-management system is
properly accessible, that they can trace documents if
they later find themselves in an e-discovery situation.
ey also want to make sure the potential target is
managing its personal-information and anti-spam con-
sents in accordance with all the latest requirements.
Anti-spam is another big potential deal killer. Data
can be radioactive if the business is not conforming to
all the changes introduced in Canada's new anti-spam
law in 2014. Viewed as one of the toughest in the world,
the regime covers the communications of businesses of
all sizes. Companies that contact anyone who has not
given their express consent to receiving commercial
messages face penalties of up to $10 million.
"ese things are all part of the representations and
warranties that an acquirer will make sure they under-
stand before going ahead with a deal," says Amyot. "So
you really need to stay up to date and invest in your sys-