A magnifying glass leans against a thick stack of papers
A magnifying glass leans against a thick stack of papers
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Heightened scrutiny of corporate practices, and the increasing scope of government investigations and prosecutions are raising the importance of corporate compliance and risk management functions. McMillan’s White Collar Defence and Government Investigations group provides comprehensive support for clients seeking to prevent or responding to such investigations and prosecutions.

Our services include:

  • Representing corporations, other organizations and executives at all stages of criminal, quasi-criminal and regulatory investigations and prosecutions for all types of white collar offences including fraud, bribery and corruption, money laundering, cartels and price-fixing, insider-trading or other securities offences, economic sanctions, export/import controls and tax offences, as well as offences under health and safety, discrimination, immigration, financial services, energy, environmental and other regulatory regimes
  • Managing and defending against search warrants, inspection orders, interviews given under statutory compulsion, wiretapping orders, and other investigative actions
  • Conducting proactive internal investigations and audits into potential criminal and regulatory contraventions under the protection of solicitor-client privilege
  • Providing advice on risk management and regulatory compliance, including internal compliance systems, training, whistle-blowing, ethics  and media response-readiness programs
  • Conducting due diligence and advising on strategies to deal with foreign agents, intermediaries or other parties to commercial or M&A transactions
  • Providing advice on reputation management and defamation
  • Developing and executing government relations and communications strategies

Our team collectively has decades of investigation, enforcement, prosecution and defence experience. They include:

  • Former regulators and prosecutors, including a former General Counsel of the Public Prosecution Service of Canada who prosecuted Royal Canadian Mounted Police cases and cartels, and a former Chair of Ontario’s Market Surveillance Panel
  • Litigators with experience in criminal, civil, administrative tribunal and appellate proceedings across Canada
  • Specialists in anti-corruption, export controls, sanctions, anti-money laundering, cartels, securities, financial services, environmental, health and safety, discrimination and other regulatory regimes
  • Former senior government officials including cabinet ministers and deputy ministers with responsibilities for International Trade, Public Security, Labour, Treasury Board, Finance, and Environmental matters
  • Forensic specialists, including the current President of the Association of Certified Forensic Investigators of Canada

McMillan’s White Collar Investigations and Defence lawyers have been recognized in Chambers Canada and the Global Investigation Review’s Canadian survey. Where cross-border issues arise, we have working relationships with expert firms around the world to obtain the international assistance that our clients require.

To augment our legal services for clients facing urgent situations, McMillan has developed a full suite of Crisis Response Services:

  • Search Response Services — immediate, on-site responses to real-time investigative actions such as searches and seizures by police, the CBSA, the Competition Bureau or other authorities, as well as inspections by environmental, energy, employment and other authorities
  • Data Breach Crisis Service – rapid responses to cyber-security attacks and data breaches including dealings with regulatory agencies and other stakeholders
  • Product Recall and Regulatory Compliance Services – dealing with urgent product recall issues including regulatory requirements and other potential legal exposures
  • Document Preservation Service –  avoiding the unintentional destruction or alteration of critical records at the onset of an investigation or litigation
  • Fraud and Emergency Orders Service – isolating, assessing and alleviating acts of fraud, and initiating court applications to freeze assets (Mareva injunctions), protecting evidence (Anton Piller orders) and obtaining relevant third party documents (Norwich orders).
  • Crisis Communications Service – assisting companies with government, media and other external communications during government investigations and legal or regulatory proceedings.

In addition, McMillan is uniquely positioned to provide clients under investigation with supporting government relations and communications advice and assistance through McMillan Vantage Policy Group, a national public affairs firm that assists organizations in communications with governments, regulators and the media.

ANTI-CORRUPTION & FRAUD

McMillan’s Anti-Corruption and Fraud Group assists clients in three ways: helping improve their anti-corruption compliance programs to prevent irregular activities from occurring in the first place; assisting in audits and investigations in which suspect activities are of concern; and preparing voluntary disclosures when necessary; and providing a defence against charges of corruption and bribery of domestic or foreign officials in the event they do occur.

When signs of impropriety or fraud arise, McMillan’s team of specialized fraud litigators are ready to mobilize quickly, ensuring the most efficient, confidential and thorough solution to your business problem.

McMillan’s fraud team is comprised of experienced litigators and multi-disciplinary lawyers who have expertise in all aspects of fraud prevention, detection and litigation. We are unique in offering specially trained in-house forensic investigator and forensic accountant services, to ensure that all client needs can be served as part of a single, confidential plan.

McMillan professionals develop and implement sophisticated tools for early warning and fraud prevention; identify and detect various types of fraud including mortgage fraud, fraudulent conveyances, investment fraud, securities fraud, corruption, bribery, and bankruptcy fraud; advise  on the most efficient forms of asset recovery, including judicial remedies ensuring the freezing of assets, evidence protection, document disclosure and the enforcement of foreign judgments; and advise on asset-tracing, corporate governance procedures, compliance, director and officer liability, professional malpractice claims, audit procedures, and risk analysis.

Primary Contacts

View All Contacts
Benjamin M. Bathgate
Partner, White Collar Defence, Fraud & Investigations | Corporate Commercial Litigation
Guy Pinsonnault
Partner, Competition, Antitrust & Foreign Investment

Insights (59 Posts)

Featured Insight

A Rock and a Hard Place: Owner, Employer, and Constructor Liability Under the OHSA

Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.

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Dec 3, 2021
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Confession, Cooperation, and Compliance: Mitigating Consequences of Alleged Bribery and Corruption Through Self-Reporting

The RCMP recently announced a rising trend of companies self-reporting potential acts of bribery and corruption.

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Nov 24, 2021
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Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

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Nov 10, 2021
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Transport Canada Roadmap Provides Direction on Consent Agreements

Transport Canada releases guidance on the use and development of consent agreements as an alternative enforcement mechanism under the Motor Vehicle Safety Act.

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Nov 1, 2021
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Marketing Cryptocurrency Platforms in Canada

McMillan comments on joint securities administrator and IIROC guidance on cryptocurrency platform marketing.

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Oct 29, 2021
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China Mobile Case Raises National Security Hang-up

China Mobile is challenging the Canadian government's order to divest its Canadian operations. The case raises important cross-border investment issues.

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Oct 25, 2021
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China’s New Sanctions Blocking Regime: Should Canadian Businesses in Hong Kong Be Worried?

On June 10, 2021, the Standing Committee of the Chinese National People’s Congress passed the Chinese Anti-Foreign Sanctions Law.

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Sep 1, 2021
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NFTs and Implications Under Canadian Securities Law

This article discusses the treatment of non-fungible tokens (NFTs) as securities and related regulatory considerations in Canada.

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Aug 16, 2021
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Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?

During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.

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Aug 16, 2021
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Beware of Petroleum and Potassium from Belarus! Canada Imposes New Sectoral Sanctions

On August 9, 2021, Canada announced sectoral sanctions under the Special Economic Measures Act (“SEMA”) against Belarus.

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Aug 15, 2021
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Ontario’s Lobbying Watchdog Wants Stronger, Clearer, Lobbyists Registration Act

Ontario's lobbying czar wants changes made to Ontario's lobbying law that will capture more activity and require more corporations and non-profits to comply.

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Aug 10, 2021
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Cracking the Code – A Few Key Considerations for Developing Codes of Conduct

Codes of Conduct are an important tool for companies to mitigate legal and reputational risk by promoting ethical and responsible conduct of their employees.

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Jun 30, 2021
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The Balancing of Privacy Rights and the Open Court Principle: Disclosure of Private Information in Litigation

The Supreme Court of Canada’s decision in Sherman Estate v Donovan offers clarity on when the open court principle will give ground to the right to privacy.

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Jun 23, 2021
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Capital Markets Modernization Taskforce Recommendations – Modernizing Enforcement and Enhancing Investor Protection

McMillan commentary on the Capital Markets Modernization Taskforce's recommendations regarding Enforcement and Enhancing Investor Protection.

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May 12, 2021
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Is COVID-19 Government Assistance No Strings? No Way! All Lobbyists Have Reporting Requirements

Applying for and/or receiving COVID-19 financial assistance creates reporting obligations for all lobbyists. Have you updated your lobbyist registration lately?

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Apr 19, 2021
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Lobbying Reform Déjà Vu? Canada’s Commissioner of Lobbying Recommends Heightened Obligations for Lobbyists Once Again

Canada’s Commissioner of Lobbying Submits Preliminary Recommendations to House of Commons Committee on federal Lobbying Act reform.

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Mar 19, 2021
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Canada Updates Official Terrorist Entities List – What It Means for Your Business

The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.

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Feb 23, 2021
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Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United States

In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.

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Jan 19, 2021
Featured Insight

Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful

On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.

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Nov 30, 2020
Featured Insight

SCC Holds Section 12 Charter Protection Against “Cruel or Unusual Treatment or Punishment” Not Applicable to Corporations

Summary of the recent Supreme Court of Canada decision of Quebec (Attorney General) v. 9147-0732 Québec inc. and implications on corporate liability.

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Nov 10, 2020
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Transport Canada driving forward with administrative monetary penalties under the Motor Vehicle Safety Act

Transport Canada releases an informal consultation as the latest step to creating the new Motor Vehicle Safety Administrative Monetary Penalties Regulations.

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Oct 22, 2020
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Sanctions Alert: Canada Reimposes Sanctions on Belarus

Canada announced on September 29, 2020, that it would re-impose more targeted economic sanctions against Belarusian high-ranking public officials

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Sep 30, 2020
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Competition Bureau Invites Comments to Revisions to the Competitor Collaboration Guidelines

The Competition Bureau recently released a draft revision of the Competition Collaboration Guidelines and is
inviting comments in a public consultation.

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Aug 5, 2020
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Cooperating Witnesses not Confidential Informers – Competition Bureau Updates Immunity and Leniency Programs under the Competition Act

The Immunity and Leniency Programs under the Competition Act[1] are powerful tools employed by the Competition Bureau and the Public Prosecution Service of Canada (“PPSC”) in the detection and prevention of criminal anti-competitive behaviour.

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Jul 20, 2020
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Deferred Prosecution Agreements: A Lack of Trust in Antitrust DPAs?

This bulletin describes the benefits and growing acceptance of deferred prosecution agreements in relation to American antitrust offences.

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Jun 11, 2020
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No Family Resemblance: The Court of Appeal Rules on Interpretation of “Security” and Custodial Sentences

The Ontario Court of Appeal's decision in Ontario Securities Commission v. Tiffin provides guidance on what constitutes a "security" and custodial sentences.

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May 5, 2020
Featured Insight

Combatting Civil Fraud Against Businesses in the Age of COVID-19

Fraud is a fact of business life and is increasing during COVID-19. Businesses can take steps to maximize the chances of civil asset recovery.

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Apr 18, 2020
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Canadian White-collar Crime Perspectives: Government Investigations and COVID-19

This piece explores the likely impact of COVID-19 on white-collar crime issues in Canada and how regulators are reacting to the pandemic.

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Apr 16, 2020
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COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
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Mar 29, 2020
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COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec

An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.

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Mar 25, 2020
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Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

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Mar 23, 2020

Deferred Prosecution Agreements Take Off Abroad: Airbus Penalties Exceed $5 Billion

Canadian organizations and prosecutors continue to wait to see how Canada’s deferred prosecution regime will play out (see our July 2018 bulletin for an overview of the legislation).

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Mar 4, 2020
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Will Modern Slavery Legislation Become a Reality in Canada?

Description of proposed modern slavery legislation in Canada that aims to address the issue of forced and child
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Mar 3, 2020
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Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies

In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.

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Mar 2, 2020
Featured Insight

Deferred Prosecution Agreements: Canada Provides Some Clarity, But Many Questions Remain

This bulletin describes recently issued Guideline 3.21 on remediation agreements and compares Canadian deferred prosecution guidance with other jurisdictions.

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Feb 6, 2020
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Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

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Jan 21, 2020
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Amendments to the CCAA, BIA and CBCA Now in Force

Authors discuss changes in 2019 to Canadian corporate and restructuring statutes and their possible implications for insolvency practice in Canada

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Nov 19, 2019
Featured Insight

FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau

The Competition Bureau's announcement of its investigation into FlightHub and the registration of a "temporary consent agreement" is analyzed in detail.

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Nov 1, 2019
Featured Insight

Deferred Prosecution Agreements and the “National Economic Interest”

Deferred prosecution agreements (“DPA”) have been a hot topic lately, owing largely to the attention that the agreements have received in relation to the SNC-Lavalin prosecution.

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Jun 26, 2019
Featured Insight

Canadian Corporate & Restructuring Legislation: Changes Could be on the Way

Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019.

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May 10, 2019
Featured Insight

The Next Wave of US Extraterritorial Sanctions regarding Cuba – Potential Impacts for Canadian Companies

On May 2, 2019, after 22 years of semi-annual deferrals by multiple presidents, the United States brought Title III of its Helms-Burton Act into force.

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May 6, 2019
Featured Insight

Getting the Deal Through (Canada Chapter) – Cartel Regulation 2019

This 19th edition of Cartel Regulation provides the most current and comprehensive information available about anti-cartel laws and enforcement around the world.

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Mar 1, 2019
Featured Insight

What Does This Letter From The Ontario Securities Commission Mean?

A company contacted by the Enforcement Branch of the Ontario Securities Commission (“Commission”) is often unfamiliar with the context of the document that it has received.

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Feb 7, 2019
Featured Insight

The Court of Appeal puts an End to ‘Jail on the Couch’ Sentences for Bid-rigging

Bid rigging and fraud in order to obtain public contracts will result in mandatory prison sentences when the contract is of high value.

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Nov 30, 2018
Featured Insight

Deferred Prosecution Agreements: A French Approach to Considering the Public Interest

Deferred Prosecution Agreements (“DPAs”) became household conversation in 2018 when Canada’s Director of Public Prosecutions (the “DPP”) declined to pursue a DPA in the SNC-Lavalin prosecution.

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Sep 23, 2018
Featured Insight

Getting the Deal Through (Canada Chapter) – Cartel Regulation 2018

Anti-Cartel laws are pillars of competition regime with unilateral conduct provisions and merger control. The 2018 Cartel Regulation provides information about anti-cartel laws and enforcement

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Mar 1, 2018
Featured Insight

Foreign Corruption: Canada Makes “Facilitation Payments” Illegal

Foreign Corruption: Canada Makes "Facilitation Payments" Illegal

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Oct 31, 2017
Featured Insight

Rigging the Bid: Finding Fraud in a Regulated Setting

Rigging the Bid: Finding Fraud in a Regulated Setting

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Jun 30, 2017
Featured Insight

FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach

FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach

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Apr 28, 2017
Featured Insight

Fraud Overcomes All

Fraud Overcomes All

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Oct 16, 2016

Foreign Corruption: Canada’s Top Court Shields Top Bank and Whistleblowers

Foreign Corruption: Canada's Top Court Shields Top Bank and Whistleblowers

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Jul 5, 2016

In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

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Apr 6, 2016
Featured Insight

Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required

Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required

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Jan 21, 2016
Featured Insight

Recent Trends and Developments under Canada’s Corruption of Foreign Public Officials Act

Recent Trends and Developments under Canada's Corruption of Foreign Public Officials Act

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Nov 6, 2015
Featured Insight

For Better or Worse? Canada Updates Procurement Integrity Regime

Canadas Updated Procurement Integrity Regime: Equal Parts Déjà Vu and New

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Aug 4, 2015
Featured Insight

UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector

UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector

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Feb 21, 2015
Featured Insight

The Supreme Court Finds that Certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are Inapplicable to Legal Counsel

The Supreme Court Finds that Certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are Inapplicable to Legal Counsel

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Feb 17, 2015
Featured Insight

Corporate directors beware – Canada passes tough amendments to anti-corruption legislation

Corporate directors beware - Canada passes tough amendments to anti-corruption legislation

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Jul 2, 2013
Featured Insight

Leniency applicants now debarred from federal procurement

leniency applicants now debarred from federal procurement

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Nov 28, 2012