A number of high-profile incidents over the past decade have brought into question companies’ corporate ethics, bringing unprecedented public scrutiny to how organizations police themselves. Regulators, shareholders and the general public are demanding that organizations have corporate governance policies and procedures in place to ensure organization-wide cultures of candour and openness with all stakeholders.
Good corporate control requires organizations to combine solid legal understanding, sound ethical judgment and business practicality. The consequences of ineffective oversight can expose officers and directors to regulatory review and potential lawsuits. McMillan’s Business Law Group provides cutting edge advice to our public and private clients in matters related to corporate governance. Our lawyers combine a thorough understanding of applicable laws with corporate governance best practices, providing clients with a set of business solutions tailored to their particular needs, regardless of the size of the organization.
We believe that the best way to avoid a crisis is to plan for one. When a corporate governance crisis does arise, we marshal specialists from across our firm to deliver a comprehensive solution that helps restore and preserve the confidence of all stakeholders.
In particular, McMillan helps corporate clients lead by:
- Implementing board and committee structures/charters
- Assisting with responses to regulatory investigations
- Ensuring ongoing regulatory compliance
- Designing preventative measures to address hostile transactions
- Assisting with timely continuous disclosure
- Advising on directors/officers’ liabilities, indemnity and insurance
- Assisting with shareholder relations and disputes
- Advising on the need for, and the establishment of, independent or special committees
- Designing internal and disclosure controls
Deals and Cases
Insights (10 Posts)View More
Effective January 22, 2024, federal corporations are required to file with Corporations Canada certain information on individuals with significant control.
On October 10, 2023, the OSC and EY jointly released a report on the use of artificial intelligence in Ontario's capital markets.
Discusses the impact of new SEC cybersecurity requirements on Canadian foreign private issuers and suggests recommendations for companies to consider.
Canadian Ombudsperson for Responsible Enterprise (CORE) Launches Investigations in Mining and Apparel Sectors
CORE Investigates Nike Canada Corp and Dynasty Gold Corp, but Declines to Investigate GobiMin Inc.
SEC Approves NYSE and NASDAQ Clawback Listing Standards – Assessing the Implications for Canadian Foreign Private Issuers
On June 9, 2023, the U.S. Securities and Exchange Commission approved the clawback listing standards of the New York Stock Exchange.
This bulletin discusses the push for the inclusion of Indigenous considerations in ESG practices which could lead to the addition of "I" (ESGI).
Summary of the decision to approve the UEFTI remediation agreement and discussion on approval criteria & procedural requirements for future agreements.
A new Lobbyists’ Code of Conduct takes effect July 1, 2023, which has implications for lobbyists and companies and organizations that retain and/or employ them.
Glencore plc’s recent approaches to the shareholders of Teck Resources has once again brought the Investment Canada Act into the spotlight.
This bulletin discusses the basic components of a DCSS, its advantages and disadvantages, as well as common shareholder protection measures.
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