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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: November M&A spikes, PrairieSky expands, silver mines merge

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 PrairieSky Royalty buying $1.8-billion of royalty lands from Canadian Natural Resources.

In our closed deals section, we look at Element Financial acquiring GE capital's fleet management operations in the U.S., Australia, New Zealand and Mexico, as well as the merger of fleet telematics companies BSM Technologies and Webtech Wireless.

We also look at the players behind First Majestic Silver acquiring SilverCrest Mines. Finally, we give you the legal teams on CAPREIT picking up a $490-million portfolio of apartments in Montreal.

Beware Interlopers

So equally matched were miners AuRico Gold and Alamos Gold that, when the companies decided to merge, neither was willing to pay a premium for the other's shares. That left the transaction vulnerable to interlopers willing to offer either company a better deal. Lexpert interviewed lawyers on the deal for their take on the looming risk.

Energy lawyers forced to rebrand with climate change shift

While many Canadians are cheering at the country's new commitment to reducing carbon emissions, corporate law firms with large and lucrative traditional oil and gas practices could be forgiven for greeting developments of the past few days with mixed emotions. For them, new climate change initiatives have very real business repercussions.

New U.K. class-action regime narrower than Canadian counterpart

The U.K.'s new class-action regime, which came into force on Oct. 1, 2015, is not nearly as broad as its Canadian counterparts. What makes it particularly unusual for class-action legislation is that it could be described as "pro business," particularly for small and medium-sized enterprises.

Lexpert publishes 2015 U.S.-Canada Cross-Border Guide – Litigation

Lexpert published its U.S./Canada Cross-Border Guide – Litigation on Nov. 20. The publication features the following journalist- and law-firm-authored articles geared to keeping attorneys and in-house counsel in the U.S. informed of relevant business litigation issues in Canada:

A new legal duty for contracts: Canada's top court has enunciated a new legal duty in contract negotiations. Its effects are wide-ranging and controversial.

No haven for class actions: Recent case law indicates Canada is not a forum for global class actions that some expected after it created a statutory cause of action.

Canada's intellectual property reforms: Critics have labelled Canada an intellectual property outlier. Changes are afoot to address this controversial moniker.

NAFTA trade disputes: Canada is the country most frequently sued under NAFTA's controversial Chapter 11 dispute-settlement mechanism.

An open book: Canadian courts favour disclosure in antitrust cases: Two recent decisions indicate a trend in Canadian jurisprudence toward disclosure, making it clear that information in the Competition Bureau's hands is not subject to absolute confidentiality. By Nikiforos Iatrou; Bronwyn Roe; Jeff Scorgie

Barbarians at the firewall: Data breaches, cross-border commerce and notification requirements in Canada and the United States: The fallout for companies from data breaches is immense, as consumer trust and investor confidence is eroded and the financial costs run into millions of dollars. By George J. Pollack

Corporate social responsibility: Good for Business

Many organizations have treated corporate social responsibility as a public relations exercise. But in this month's legal accounting column, MNP LLP's Greg Draper says corporate social responsibility can become an essential part of a company's reputation strategy.

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