Preet Gill

Bennett Jones LLP

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Delaware Court Affirms High Threshold for Breach of Directors' Caremark Duties

In a recent case, Bricklayers Pension Fund of Western Pennsylvania (derivatively on behalf of Centene Corporation) v Brinkley (Centene), Delaware's Court of Chancery dismissed “Caremark duty claims”—named after the 1996 case...more

7/31/2024 / Board of Directors , Breach of Duty , Canada , Caremark claim , Corporate Counsel , Corporate Officers , Delaware General Corporation Law , Derivative Suit , Fiduciary Duty , Shareholder Litigation

Stoneway: Use of the CBCA as a Cross-Border Restructuring Tool

In May 2022, the Canada Business Corporations Act (CBCA) was used to implement a cross-border and international restructuring of a group of companies (collectively known as Stoneway),1 whose principal business is the...more

5/31/2022 / Bankruptcy Code , Canada , Chapter 11 , Corporate Counsel , Corporate Governance , Corporate Restructuring , Cross-Border , Debt Restructuring

Supreme Court of Canada Affirms Anti-Deprivation Rule

The common law anti-deprivation rule is alive and well in Canada, the Supreme Court of Canada held in an 8-1 decision in Chandos Construction Ltd. v Deloitte Restructuring Inc., 2020 SCC 25 [Chandos]. Under the rule, parties...more

10/6/2020 / Canada , Construction Contracts , Construction Industry , Corporate Counsel , Supreme Court of Canada

Class Actions Now Available in Japan

Japan has enacted its first class actions legislation, following an international trend seen in the European Union and some other countries in Asia. The new class actions law (the Act on Special Measures Concerning Civil...more

10/25/2016 / Class Action , Corporate Counsel , EU , Japan , New Legislation

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