Canadian Lawyer InHouse

Dec/Jan 2013

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

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���It was an opportunity for me to get the best of both worlds,��� says Borbridge of his dual role. ���I���m right there when the decision is made to buy and sell, when the transaction is going to happen, (and) then I���m the one who implements it. It���s a somewhat unique position.��� Back in the early days of his career, Borbridge worked for Davis LLP in Calgary. That was during the ���90s, when firms were vying for business with the likes of Shell, Imperial Oil, Husky, and PetroCan. ���Our firm carved out a niche with oilfield service and drilling companies, particularly those that were internationally involved,��� says Borbridge. And that resulted in a lot of overseas work, particularly in the former Soviet Union and South America. ���Russia was a different place in the ���90s and I was fortunate to get there a few times,��� says Borbridge. ���It was an incredibly dynamic and interesting place to be.��� It was during this time that the Russian government decided to scrap joint ventures in favour of joint stock companies, which meant foreigners had to hold stock and be responsible to local authorities. Borbridge negotiated two out of the first four joint stock companies with the Russian government, an experience he says was ���cutting edge and exciting for a young lawyer.��� Borbridge has brought that international experience to his current role. Emergo, in fact, currently doesn���t have any investments in Canada; most are focused on southeastern Europe and the southeastern United States. ���Opportunities are provided when markets are beaten up,��� says Borbridge, ���and both of those locations have gone through some tough times lately.��� Cyprus was chosen as Emergo���s European headquarters, thanks to a long-time connection with Russia (the former Soviet Union had a tax treaty with Cyprus that was adopted by most former Soviet countries). Emergo already had an office there and had built up local expertise. So, given that Cyprus is a member of the European Union, it made sense to base the company���s operations there, providing easy, affordable access to the European market. But doing business outside of North America comes with challenges. ���A person really has to be flexible about what they expect in the transaction ��� the negotiations can take much longer,��� says Borbridge. ���But ultimately if you understand the business and what you as an investment vehicle want from that business, then making that work under the local jurisdiction and local laws is just something you have to be flexible with.��� That involves structuring contracts Spearheading reSponSible energy policy development New PublicatioN caNadiaN GreeN eNerGy law aNd Policy FreD D. Cass This text is the first of its kind ��� designed to provide a comprehensive introduction to the topic and analysis of different policy approaches to green energy. Directed towards environmental law practitioners and those involved in the development of green energy policies, its perspective is Canadian, yet, as the international shift towards renewable energy intensifies, our role on the global stage is illuminated. order # 804528 $120 Hardcover approx. 425 pages March 2012 978-0-88804-528-7 Canadian Green Energy Law and Policy launches at a time when a thorough knowledge of the subject matter is critical. This book offers essential practical guidance on the issues involved in getting these projects organized, approved and built; providing you with a comprehensive overview of the legal and policy frameworks involved ��� as well as context from both sides of the inherent arguments. available riSk-Free For 30 dayS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK�� ca na dia nl awy e rm a g . c o m / i n h o u s E December 2012/January 2013 ��� 47

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