Stikeman Elliott
 
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Cross-border & International Transactions
Stikeman Elliott was the first major Canadian law firm to open offices in London, England (1969) and New York (1983). Our long-standing presence in the European and American markets allows Stikeman Elliott to offer a depth of knowledge and experience that few other Canadian firms can match. We are nationally and internationally recognized as one of Canada's leading law firms for cross-border and international transactions. We are also active in markets where we may not have offices, including South America and the Caribbean, Central and Eastern Europe, South and South-East Asia and Africa.

Recognition of Our Work

  • World Finance magazine - Top Corporate & Commercial Team in Canada

  • Ranked as "top tier" in M&A in the current edition of IFLR 1000, The Guide to the World's Leading Law Firms.

  • #1 Canadian firm in Mergerstat Review's league tables of Top Legal Advisors for 2006, 2007 and 2008, with respect to number and value of U.S.-based M&A deals.

  • Ranked as "top tier" in Corporate/M&A by UK-based Chambers Global. 

  • #1 among Canadian firms in IFLR 2007 rankings of legal advisers on SEC registered equity offerings.

  • The practice and its attorneys are also regularly cited in A Guide to the World's Leading M&A Lawyers (Euromoney), the International Who's Who of M&A Lawyers (Legal Media Group) and in the Cross-border Handbooks in the fields of Capital Markets, Corporate Governance and Directors' Duties, Dispute Resolution, Finance, M&A, Private Equity and Restructuring and Insolvency (Practical Law Company).

  • #1 in Thomson Financial's Global M&A Legal Advisor Review for with respect to value of announced Canadian transactions for 2006 and 2007.

Lexpert's Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada named 21 Stikeman Elliott lawyers as leaders in cross-border business law in the areas of M&A, corporate tax, antitrust, mining and private equity.

Six of our lawyers were cited in Lexpert's Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada, including more lawyers than any other firm in the Insolvency & Restructuring category.

Representative Services

We have structured our international/cross-border practice to assist foreign companies entering Canada with the expertise they require, as well as Canadian companies expanding into foreign markets. Our lawyers work across a broad range of key practice areas, including public and private mergers and acquisitions, private equity/venture capital, securities, corporate finance, banking, tax, litigation, global project finance, Eurobond issues, global mining and oil and gas. We are well positioned to handle the Canadian component of any cross-border transaction including, in addition to the above, insolvency/restructuring, competition/antitrust, Investment Canada and other regulatory issues.

As an extension of our international and cross-border services, Stikeman Elliott is also able to provide our Canadian clients with U.S. and U.K. legal counsel for select areas of our corporate and securities practice. We routinely advise:

  • Canadian issuers (or their underwriters) on accessing U.S. or U.K. capital markets through private offerings of debt or equity securities and, in appropriate circumstances, public offerings of debt or equity securities.
  • Canadian acquirers/sellers in private M&A transactions involving U.S. and U.K. targets, including the negotiation of U.S. and English law governed transaction documents.
  • Canadian private equity firms, private equity arms of corporations and start-up entities in connection with U.S. and U.K. private equity & venture capital financings and U.S. and U.K. portfolio investments.
  • Canadian companies in connection with the application of U.S. and U.K. laws to Canadian or other non-U.S. or non-U.K. public M&A transactions, tender offers, exchange offers and rights offerings. 
  • Canadian clients in connection with forming Delaware and New York corporations, LLCs and limited partnerships and in connection with Delaware and New York law applicable to them. 
  • Canadian clients in connection with forming English companies, partnerships, LLPs and other entities and in connection with English law applicable to them.
  • Canadian issuers in obtaining listings on NYSE, AMEX and Nasdaq and in respect of their ongoing U.S. listing and reporting requirements (including compliance with Sarbanes-Oxley and other U.S. corporate governance requirements). 
  • Canadian issuers in obtaining listings on the London Stock Exchange and quotations on AIM and in respect of their ongoing compliance requirements.
  • Clients on other aspects of SEC reporting and compliance (including Annual Reports on Form 20-F or Form 40-F and Current Reports on Form 6-K), as well as monitoring the need for SEC registration, beneficial ownership reporting (Schedule 13D or Schedule 13G) and sales of restricted or control securities (Rule 144).
  • We also offer ancillary U.S. and English law advice and services in connection with the firm's work on Canadian client matters, including advice on contractual and commercial matters and general corporate matters.


Recent Group Activities

Top Cross-Border Litigation Lawyers
David Byers, Sean Dunphy, Peter Howard and Katherine Kay of Toronto and Suzanne Côté and Mortimer G. Freiheit, of the Montréal office have been named among Lexpert's Leading US/Canada Cross-Border Litigation Lawyers 2008.

Lawyers publish Canadian chapter on M&A
Marvin Yontef and Simon Romano published a chapter in the 2008 edition of The International Comparative Legal Guide to: Mergers & Acquisitions, published by Global Legal Group Ltd, London on Canadian M&A.  

Lawyers co-author paper on Investment Canada Act
Shawn Neylan and Kevin Rushton have co-authored a paper "Canadian Foreign Investment Review of Acquisitions by State Owned or Controlled Enterprises" concerning the issues faced under the Investment Canada Act. Request a copy of the paper.


 
Related Practices
Contacts
Key Contacts

Montréal:
John W. Leopold

Toronto:
William J. Braithwaite

Calgary:
Christopher W. Nixon

New York:
Kenneth G. Ottenbreit

London:
Derek N. Linfield

Sydney:
Brian G. Hansen

Related Publications