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comprising legal practices that are separate entities (the Mayer Brown Practices ). The Mayer Brown Practices are:
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The technology industry in Alberta has grown significantly in
the past decade and is increasingly becoming an important part of
Alberta s economic future. Alberta has become a destination for
international technology companies looking to expand into the
Canadian market and a world leader in machine learning research and
development, innovative geomatics technologies and interactive
digital media. Between 2009 and 2020, the number of tech companies
in Alberta increased by 87%.
In particular, Calgary s tech industry is flourishing.
In addition to having the highest concentration of high-tech
workers in Canada, Calgary companies file more patents per capita
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The TSX Venture Exchange ( TSXV ) recently made
changes to its Capital Pool Company ( CPC ) program.
The CPC program is exclusively offered by the TSXV and provides an
alternative way for an operating business to list its shares on
such exchange. The CPC, being a financing vehicle with no assets
other than cash and no commercial operations, is created by
experienced corporate directors and completes an initial public
offering (an IPO ) to raise funds. After its IPO, the
CPC then seeks to complete a transaction with an operating business
Case Study: Teliphone Corp. v. Ernst & Young
Inc.
1
This 2019 decision of the British Columbia Court of Appeal was
the third in a trio of appeals regarding the topic of disengaging
assets owned by insolvent entities subject to a Companies
Creditors Arrangement Act ( CCAA ) proceeding from assets
owned by other affiliated entities that were not insolvent. It
serves as a thorough example of detailing standards of review upon
appeal, and the relatively high bar the courts have for reasons
presented by a court-appointed Monitor to be deemed inadequate upon
appellate review.
Facts
Ernst and Young served as the court-appointed Monitor of the
Introduction
As part of our ongoing series on Canada s deferred
prosecution agreement (
DPA ) program,
we have considered the use of DPAs in other jurisdictions,
including in the United States of America, where we are seeing an
increased use of DPAs in the antitrust sphere. In this bulletin, we
look again to the United States, and discuss the DPA recently entered into by Argos USA LLC
(
Argos ) with the United States
Department of Justice (the
DOJ ).
The Argos DPA
On January 4, 2021, the DOJ announced that it had charged Argos,
a producer and seller of ready-mix concrete headquartered in
Georgia, with participating in a conspiracy to fix prices, rig