Foreign Corruption and Director Liability Risk in Canada

There have been few cases under Canada’s 14 yr old CFPOA – Corruption of Foreign Public Officials Act -  but the risk, to Canadian companies and their directors and executive management, of an investigation is getting far more press now than only a few years ago. Corporate Canada is not exactly widely known for disclosure and tr...
Posted: 1/10/2014 5:41:52 PM by MSI

Directors & Officers - Cyber Liability Review

In their paper Legal Risks on the Radar, Corporate Board Member and FTI Consulting Inc published the results of their survey of 11,340 directors and 1,957 general counsel where they ask for the top ten concerns for directors and general counsel.   Data Security was the number one concern for 55% of the general counsel and 48% of the di...
Posted: 8/27/2012 12:23:32 PM by MSI

Employee Theft (aka Fraud, Fidelity, White Collar Crime) in Canada

Here is another good example that Canadian companies are not immune to employee theft. The Toronto Star reports, here, of Controller Timothy Rodkin, 42, sentenced to five years for defrauding his employer, a medical research firm. The reported value of the loss was $12 million, but even with that amount of loss, in a private company, a for...
Posted: 5/22/2012 10:35:05 AM by MSI

Investor Protection

Exempt Market Dealer: Private Issuer and the Accredited Investor There are changes afoot. The issues include, but are not limited to, proposed amendments to National Instrument 45-106 and its definitions of Private Issuer and Accredited Investor Exemptions; and Trapeze Asset Management. The Canadian Securities Administrators (CSA) completed pu...
Posted: 5/16/2012 4:30:16 PM by MSI

Systemic Loss

Here is some new press that should be viewed as a great reminder of risk of systemic loss in any industry.  It is also a great example of an accepted practice being judged in hindsight as unacceptable. MetLife Settlement Near $500 million, here.  This is the CBSNEW.com version, but there are many others available.   As fa...
Posted: 4/26/2012 2:48:22 PM by MSI

Fund Management Risk and Class Actions in Canada

This recent decision by the Court of Appeal For Ontario will (or should) have fund managers and other regulated professionals on the edge of their seats. On January 27, 2012, in Fischer v. IG Investment Management Ltd., 2012 ONCA 47, here, Justices Winkler C.J.O., Epstein J.A. and Pardu J., determined that both lower courts erred in their consid...
Posted: 2/16/2012 4:27:10 PM by MSI

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