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Corporate minds do not all think alike: The Supreme Court affirms a purposive approach to the corporate attribution doctrine

Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements

Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
United States: Buyer Beware! Not All Modifications to An Asset Purchase Agreement Are Created Equal; Any Material Modifications Should be Meaningfully Disclosed to the Bankruptcy Court and Parties in Interest

Introduction

USA, Insolvency & Restructuring, Litigation, Baker McKenzie
United States: Buyer Beware! Buyer’s Good Faith Finding Reversed Due to Buyer’s Failure to Disclose Third Party’s Competing Interest in Purchased Assets

Introduction

USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Due diligence
US: Distressed M&A - A Road Map for Potential Buyers of Distressed Businesses in Section 363 Bankruptcy

In this type of market environment, one or more of the following scenarios may apply:

USA, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Due diligence, Coronavirus, Committee on Foreign Investment in the United States