Lexpert Special Editions

Special Edition on Corporate -2016

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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WWW.LEXPERT.CA | 2016 | 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-

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