Blakes Weekly Digest - October 18, 2024

Blakes Weekly Digest - October 18, 2024

In this issue...

  • A look at the growing use of ESG clauses in commercial leases
  • New editions of #BlakesCompetitiveEdge and #BlakesupRound
  • Key considerations for handling executive compensation in M&A deals
  • The coming into force of Quebec’s new individual right to data portability
  • A CIRO decision highlighting the tug-of-war over procedural fairness in securities regulatory enforcement.


Click here to learn more about our Commercial Real Estate Practice group.

ESG Clauses in Commercial Leases

Daniel Ferreira and Annabelle Blanchet

With the environmental, social and governance (ESG) performance of commercial buildings largely dependent on occupants, incorporating ESG lease clauses is becoming an important tool in meeting ESG objectives. While social and governance lease clauses are less common due to their corporate conduct focus, environmental-related clauses are increasingly popular for managing a building’s sustainability and energy efficiency. Strong ESG performance for commercial buildings helps increase the value of buildings and reduce operating costs.

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Click here to learn more about our Competition, Antitrust & Foreign Investment Practice group.

Blakes Competitive Edge?: October 2024 Update

The October edition of Blakes Competitive Edge is now available.

Blakes Competitive Edge provides an overview of recent developments in Canadian competition and foreign investment law, including updates on enforcement activity by the Canadian Competition Bureau, recent initiatives and key trends.

Key Highlights

Cineplex’s mandatory online booking fees found to violate drip pricing provisions of the Competition Act.

Merger review activity in 2024 slightly increased compared to 2023, with the Bureau completing 146 merger reviews through the end of September 2024. This figure is 8% more than the number completed in September 2023 (135) and 5% fewer than the number completed in September 2022 (153).

Federal government releases administrative note regarding interim national security conditions.

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Click here to learn more about our Emerging Companies & Venture Capital Sector.

Blakes upRound?: June 2024

In this Edition

The ups and downs of the M&A and financing markets in the emerging companies and venture capital sector.

New export controls on technology and tariffs on imported goods, federal amendments that target “greenwashing,” tips on starting a company in the life sciences sector, and other need-to-know topics.

Startup deals have been steadily declining since 2021, but there may be hope that things turn around soon.

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Click here to learn more about our Pensions, Benefits & Executive Compensation Practice group.

Navigating Executive Compensation in M&A

Many legal and financial challenges related to executive compensation can arise from leadership transitions during mergers and acquisitions (M&A). Companies must decide how to treat equity incentives, navigate complex tax implications and manage employment law considerations.?

Here are five key factors to consider when handling executive compensation in M&A transactions.

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Click here to learn more about our Privacy & Data Protection Practice group.

New Data Portability Right in Force in Quebec

Céline Poitras, John Lenz and Linda Muhugusa

On September 22, 2024, a new right to data portability came into force as part of Quebec’s privacy reforms. This right enables individuals to request an organization to transfer or communicate their personal information to them, another person or another organization. Organizations must process requests within 30 days.

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Click here to learn more about our Securities Litigation Practice Group.

CIRO Decision Highlights Tug-of-War Over Procedural Fairness in Securities Regulatory Enforcement

Doug McLeod, Daniel Szirmak and Thidas Senanayaka (Articling Student)

A Canadian Investment Regulatory Organization (CIRO) hearing panel decision illustrates the ongoing tension between securities regulators’ efforts to enhance enforcement powers in administrative proceedings and respondents’ attempts to assert enhanced procedural protections. This case is part of a broader ongoing discussion over how and to what degree securities regulatory proceedings should be “judicialized.”

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