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Lexpert Roundup on the Business of Law

Lexpert identifies and reports on emerging business issues and practice areas in the business of law. Whether online, in our magazine or in the DealsWire e-newsletter, we chronicle deals and lawsuits of interest, and cover issues of broad concern to the legal profession and those who purchase legal services. We hope you enjoy this sample of our latest content.

From the DealsWire: Fortis solidifies utilities business, China invests in uranium

The Lexpert DealsWire (subscribe here) documents facts, figures and key legal players behind recent deals. This week's announced deal spotlight features the key players and figures in Fortis Inc.'s $6.9-billion (U.S.) acquisition of the entire share capital of ITC Holdings Corp., a Michigan-based electric utility company.

In our closed deals section, we look at CGN Mining Co. Ltd. of China investing in Fission Uranium Corp., as well as E-L Financial Corp. Ltd.'s upping its stake in its insurance holding company, E-L Financial Services Ltd. – owner of Empire Life.

We also look at the players behind the sale of dessert manufacturer The Original Cakerie. Finally, we give you the legal teams on the acquisition of e-signature provider Silanis Technology Inc. by VASCO Data Security International Inc.

Q&A: Extraneous Events

Concordia Healthcare Corp. was ready to snag British-based Amdipharm Mercury Co. Ltd. last September. Then, two weeks after announcement, the deal faced headwinds as The New York Times alleged pricing abuses in the sector. Hillary Clinton tweeted outrage. A probe was launched, subpoenas issued. Eight weeks later, Concordia's shares had fallen 70 per cent – and yet the deal closed. According to the lawyers involved, it all amounted to market noise (albeit loud).

Asset-based lending could see a boom in economic hard times

The very economic conditions that bode ill for large sectors of the Canadian economy could prove to be a catalyst for asset-based lending (ABL). "In a downturn, people are still creating accounts and inventory they need to move," Timothy Baron of Davies Ward Phillips & Vineberg LLP told Lexpert. "So to the extent they can't borrow on cash flow, there may be an uptick in ABL."

Delaware award against RBC a warning for Canadian merger risks

Whether or not Canadian courts would come to the same conclusion as the Delaware Supreme Court in upholding a $76-million (U.S.) award against RBC Capital Markets is unclear, but the recent decision has already had an impact on the way that Canadian boards and their financial advisors relate in change-of-control situations.

The right to strike

After decades of jurisprudence about the guarantee of freedom of association in the Charter of Rights and Freedoms, last year's Supreme Court of Canada labour trilogy of decisions enshrined the right to strike as an "indispensable component" of collective bargaining. The impact of this decision is wide-ranging, but as Lexpert discovered in canvassing labour experts across the country, much uncertainty and controversy remains for labour relations.

The legal considerations of the Internet of Things

Everyday objects are increasingly embedded with software, sensors and network connectivity, and collecting and exchanging data. With an infinite number of applications, legal implications are complex and unpredictable.

Service Delivery Reviews

Once the company has selected the best firms to work with, the focus should be on service delivery and continuous improvement to the value stream, especially as it concerns operational excellence, writes Catalyst Consulting's Richard Stock in this month's column on law department management.

Bracing for the Breach: Part III

In the two previous columns, legal technology columnist George Takach looked at the various factors that you, as a manager, need to consider before you can meaningfully craft a data breach preparation plan. Now you're ready to put together this all-important playbook that sets out who does what when that gut-wrenching realization arrives – "we've been hacked."

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