The panel (comprised of Brenda Swick, Jake Bullen, Alex Steele and Jordanna Cytrynbaum) will discuss the following set of topics:
Updates - Trade & Sanctions: (B. Swick with J. Cytrynbaum as moderator)
State of Play of Tariffs:
- Overview of tariffs now in effect between Canada and the US (Determining whether the tariffs apply to your goods?)
- Mitigation Measures (Applications for Relief from Tariffs)
- Tariff Event Clauses and Tariff Escalation Clauses
Updates on Sanctions and AML Compliance
- Brief overview of Sanctions
- Application of Canadian deemed ownership rules to determine whether a non-designated counterparty is still sanctioned
- What to do if a counterparty is sanctioned
- Standard sanctions representations and warranties
- Sanctions Evasion (Obligations of financial institutions to report suspicious sanctions evasion transactions to FINTRAC)
- Amendments to AML Legislation (New reporting requirements for importers and exporters)
Overview – State of Private M&A:
- 2025 Trends:
- Summary of activity in the market
- Industry – specific focus
- Predictions
Trends in Private M&A: (J. Bullen, A. Steele)
- Deal Trends: Discussion on key deal terms including:
- Use of escrow (prevalence and release periods)
- Earn-outs (prevalence & time periods)
- Indemnity caps (percentage of purchase price), survival periods and drafting suggestions
- Representation and warranty Insurance
- Other material deal terms
- Competition Act and Investment Canada Act:
- Notification thresholds under the Competition Act
- Notification/review thresholds under the Investment Canada Act
- Recent developments
Agenda timing/summary:
Registration: 4:00 – 4:30 pm
Panel discussion/presentation: 4:30 – 5:45 pm
Reception/refreshments: 5:45 – 6:30 pm