Canadian Lawyer InHouse

Apr/May 2009

Legal news and trends for Canadian in-house counsel and c-suite executives

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money, you can't be sure you can do equity financing, you can't be sure that your business is going to continue to ty isn't rolling along as it has in the past few years, there are still deals getting done, "it's still alive, it's just not breathing People are saying 'I'm not going to step up to the plate unless it is absolutely squeaky clean, because I don't have to.' ANDREW FLEMING, Ogilvy Renault LLP cost of acquiring such a company can be low, the risk on the back-end is impor- tant to look out for. "You don't want to pick up any overhang in terms of liabilities, things like huge tails on pension liabilities, retiree health benefits liabilities. It used to be what you did is you relied on an indemnity coming from the other side, 'if someone comes after you for this, then I'll indemnify you,' nowadays you have to generate the type of cash it is generating today, it just makes it very difficult to do anything. "I spend a lot of time helping clients to look at things, but not a lot of time actually executing transactions, because there are not that many transactions moving forward," says Solway. Ogilvy Renault LLP senior partner Andrew Fleming, says while private equi- very loudly. It's strategic, it's being done with companies that are either flush with cash or stable in this environment, which is hard to find, and two which have a far- out strategy as to where they want to be in 10 or 20 years." Forward-looking companies need to be careful. Companies struggle for rea- sons, often too much debt or liabilities. Fleming says even though the front-end Conducting Administrative, Oversight & Ombudsman Investigations Gareth Jones André Marin, Ombudsman of Ontario The secrets to investigative success This is a ground-breaking, hands-on guide to conducting investigations of any kind, including regulatory, compliance, workplace, human rights, health and safety, police and military oversight, insurance and Ombudsman investigations. This book sets out the eight principles that underlie effective and credible investigations, discusses common problems that may arise and how to avoid them. You'll learn proven approaches to planning and executing systemic investigations and be provided a benchmark to assess the quality of investigations done by others. Perfectbound • Approx. $85 • April 2009 Approx. 390 pp. • P/C 0966010000 • ISBN 978-0-88804-488-4 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. 22 • APRIL 2009 JONES_Administrative Oversight (CL 1-4sq).indd 1 INHOUSE 3/5/09 9:11:56 AM BALL_Canadian Employment Law (CL 1-4sq).indd 1 1/19/09 2:54:34 PM CL0409 look at the strength of the indemnity." Fleming points out indemnity protec- tion, is only as strong as the company that is providing it. This is also contrib- uting to the slowing of the private equity market. "It does change the dynamic of what is going on at the table. A willing seller, and as a matter of fact a frantic seller, and a cautious buyer, so you have got a Canadian Employment Law Also available on CD-ROM or Internet! Stacey Reginald Ball One of Canada's foremost employment authorities provides an examination of the facts you can count More than 5,500 cases cited! This one-stop reference provides a thorough survey of the law. It clearly analyzes current law and developing trends, suggests potential avenues of attack as well as identifies potential weaknesses in the law. The subject-matter is wide-ranging and addresses issues such as: • wrongful dismissal • fiduciary obligations • constitutional issues … and more ORDER your copy today Looseleaf & binders (2) • $297 Releases invoiced separately (3-4/yr) • P/C 0439030000 Vol. 1 ISBN 0-88804-218-3 • Vol. 2 ISBN 0-88804-362-7 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. CL0109 "This book is the real thing: a precise, well- will give investigations both gusto and documented guide that credibility…"

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