Beyond The New Normal: Navigating The Seismic Changes In the Laws Of Trade, Sanctions, Competition and M&A

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