The Ontario and Saskatchewan securities regulators (the Commissions) have released their reasons in connection with the unsolicited bid of Aurora for CanniMed (the Reasons). Below, members of our Special Situations team set out some of the key lessons
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Court dismisses petition for a court-ordered shareholders meeting with independent chair in lieu of a meeting requisitioned by shareholders
In a dispute between three petitioning directors (the Petitioners) and three requisitioning shareholders (two of whom were also directors) (the Requisitioning Shareholders) of Photon Control Inc. (Photon) (TSX-V: PHO), the Petitioners asked the British Columbia Supreme…
Should companies expect an increase in short-selling activism in Canada?
Success breeds imitation. The persistence of that cliché is good evidence of its accuracy. Its implications, however, may be a warning call with respect to shareholder activism in Canada.
The woes of Valeant Pharmaceuticals International Inc. (“Valeant”) and its share…
“Dead hand proxy puts” under scrutiny in Delaware
A decision of the Delaware Chancery Court last fall has set off a wave of books and records inspection demands by stockholders, as well as threatened litigation, for Delaware corporations that have entered into credit agreements containing “dead hand proxy…
Moving away from a mechanistic evaluation of board term limits
2015 Trends and Insights: Activism in Canada
In the latest issue of Ethical Boardroom, Walied Soliman and Orestes Pasparakis, co-chairs of Norton Rose Fulbright’s Special Situations Team, discuss activism in the Canadian corporate landscape and expectations for the 2015 proxy season in their article, “2015 …
Webinar: Shareholder activism – a year in review
On February 4, 2015, Walied Soliman and Orestes Pasparakis, co-chairs of Norton Rose Fulbright’s Special Situations Team, were joined by Wes Hall, CEO, Kingsdale Shareholder Services Inc. to host our annual video webinar “Shareholder Activism: A Year in Review…
A Changing Climate for Proxy Advisory Firms: Developments in the US and Canada
The role of proxy advisory firms in the marketplace has been a focal point on both sides of the border as recent guidance by the US Securities and Exchange Commission (SEC) and the Canadian Securities Administrators (CSA…
The Rise of Policy Activists?
In a recent twist on activist investing, People for the Ethical Treatment of Animals (PETA) purchased shares in SeaWorld in an effort to address conduct it considers animal cruelty. According to PETA, it bought “the smallest number…
Can Activist Shareholders Spur Innovation in the Technology Sector?
Activist shareholders have been accused of hindering innovation in companies they target. During a 2-3 year activist engagement in a company, activist shareholders focused on pursuing short-term goals may seek to cut costs in the target, maximize profits, then exit…