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Blog Bite: What does the phrase without regard to conflict of law principles in governing law clauses?

This article posted on our partner site Mondaq.com seeks to explain the purpose of a specific provision in governing law clause "without regard to conflict of law principles". The author identifies ...

Blog Bite: Does indemnification constitute a waiver of a party’s right to place limitations on their liability?

This article posted on our partner site Mondaq.com looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability. However, the cou...

Canadian Articles of Incorporation – Part 4 of 8: What to consider when selecting Directors for my business?

Canadian Articles of Incorporation – Part 4 of 8: What to consider when selecting Directors for my business? Introduction- Firstly, this post will outline exactly what a Director is ...

Canadian Articles of Incorporation – Part 3 of 8: Selecting and Protecting Your Corporation’s Name

Canadian Articles of Incorporation – Part 3 of 8: Selecting and Protecting Your Corporation’s Name Introduction- Choosing a business’ name is an extremely important decision that...

Canadian Articles of Incorporation – Part 2 of 8: Which Articles of Incorporation Should My Company Use?

Canadian Articles of Incorporation – Part 2 of 8: Which Articles of Incorporation Should My Company Use? Introduction- Upon considering whether one wants to incorporate their busine...

Canadian Articles of Incorporation – Part 1 of 8: Introduction to Incorporation

Canadian Articles of Incorporation – Part 1 of 8: Introduction to Incorporation Introduction- Incorporating a business can be one of the most important decisions any entrepreneur mak...

Blog Bite: Are arbitration clauses in employment agreements enforceable?

This article posted on our partner site Mondaq.com explores the enforceability of mandatory arbitration clauses in employment agreements. Citing Morrison v. Ericsson Canada Inc, the author cautions ...

Blog Bite: What is the underlying advantages of a shareholders’ agreement?

This article posted on our partner site Mondaq.com explains the common clauses that are found in a shareholders' agreement and how they are beneficial in the event it is required. This comes to you ...

Blog Bite: When and how should you execute an effective unanimous shareholders’ agreement?

This article posted on our partner site Mondaq.com discusses the importance of executing a unanimous shareholders' agreement (USA) to deal with matters of particular significance to the shareholders...

Blog Bite: Why entrepreneurs are structuring operations using both a Canada-based corporation and a Delaware-based corporation?

This article posted on our partner site Mondaq.com explores the benefits to Canadian entrepreneurs of using both Canadian and American based corporations. The author explains that Canadian entrepren...

Blog Bite: What are the benefits of drafting a shareholders’ agreement when I hope to never use one?

This article posted on our partner site Mondaq.com explains the benefits of a shareholders' agreement by analogizing the agreement to a marital agreement, that you hope to never need it, but are hap...

Blog Bite: How can limitation of liability be used to negotiate on indemnities?

This article posted on our partner site Mondaq.com looks at how limitation of liability is negotiated against indemnity through measures like caps, time periods, and using qualifying language in the...

Blog Bite: How can a shareholders’ agreement help a start-up company and what situations could potentially arise that could be navigated through a shareholders’ agreement?

This article posted on our partner site Mondaq.com discusses the use of a shareholders' agreement to confront the challenges that arise when building a successful company. A properly drafted shareho...

Blog Bite: How can a corporation enjoy tax benefits offered to Canadian-Controlled Private Corporations when the majority of its shareholders are non-residents?

This article posted on our partner site Mondaq.com refers to a recent Tax Court of Canada decision to make it clear that a corporation can now receive the tax benefits offered to Canadian-Controlled...

Blog Bite: Why should companies execute an effectively drafted shareholders’ agreement?

This article posted on our partner site Mondaq.com discusses why companies should execute a shareholders' agreement. The author outlines some of the most common and important shareholder provisions ...

Defending Your Business Name

We wrote recently about establishing a business name (See article on the importance of choosing a distinctive business name).  Once your company has started to gain some “traction” (subsc...

Blog Bite: What considerations must be given to governing law and dispute resolution for software licensing agreements?

This article posted on our partner site Mondaq.com highlights some considerations for software licensees and licensors vis-a-vis governing law and dispute resolution. Chiefly, it suggests that parti...

Blog Bite: How do entire agreement clauses impact software licensing agreements?

This article posted on our partner site Mondaq.com states that entire agreement clauses can be used to prevent consumers from relying on promises from software vendors that are not exclusively in th...

Blog Bite: What clauses should be considered in drafting a shareholders’ agreement that benefits all shareholders?

This article posted on our partner site Mondaq.com explores five of the most common clauses in shareholders' agreements: shotgun clause, hard right of first refusal, soft right of first refusal, dra...

Blog Bite: What is the relationship of indemnity to the limitation of liability?

This article posted on our partner site Mondaq.com points out that the language of indemnity (maximizing damages received) is at odds with that of limitation of liability (minimizing damages given),...

Blog Bite: What are some things to keep in mind when drafting a shareholders’ agreement?

This article posted on our partner site Mondaq.com discusses certain issues that should be resolved and addressed when developing a shareholders' agreement. Whether or not shareholders are family re...
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