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News

Recent Sills Egsgard LLP publications are listed below.

International Trade Negotiations

BREXIT and the Serious Challenges for the UK

11.9.16

The June 23, 2016 UK referendum result on withdrawal from EU membership raises a number of fundamental economic issues relating to the future of Britain's trade relations with the outside world.  This article explores some of the basic issues and asks what model will meet UK objectives.  it explores as well the EU's willingness to meet the British Govenrment's objectives regaring its future trading relationship with the UK. Read More »

Corporate Social Responsibility

Fulfilling CSR Goals Without Violating Anti-Corruption Laws

07.7.15

Sills Egsgard LLP bulletin addressing corruption risk in the context of corporate social responsibility.  Read More »

Meeting CSR Objectives - Without Inadvertently Violating Anti-Corruption Laws

24.6.15

Powerpoint Presentation by J. Egsgard at Canadian Institute Conference, "Anti-Corruption Compliance: Taking a Multi-Disciplinary Approach to Managing Corruption Risk" Read More »

Northern Miner Commentary: The risks that arise from violating CSR norms

02.3.15

Evolving norms of corporate social rsponsibility (CSR) reflect changing expectations for corporate behaviour, often exceeding the requirements of applicable laws. Companies that violate these expectations could now face serious repercussions, ranging from loss of reputation and market share to risk of litigation.  Read More »

Presentation at OBA: CSR and the Critical Role of the Lawyer

05.2.15

The Ontario Bar Association presented a panel discussion, "CSR and the Critical Role of the Lawyer" at it's OBA Institute program. Jennifer Egsgard's slide presentation from the panel is available here.  Read More »

Corporate Social Responsibility: Dealing with the Issues

18.2.15

This brief bulletin addresses issues of: what is CSR, what standards apply, what are the risks of non-compliance, and the importance of legal counsel.  Read More »

Risks Arising from Violation of CSR Norms: Litigation, Social License and Reputational Damage

17.2.15

This firm article addresses the legal and other risks that can arise from failing to comply with corporate social responsibility standards.  Read More »

Foreign Investment

Anti-Bribery

A look at Canada's Strengthened Foreign Anti-Corruption Law

08.7.13

Published in the Northern Miner Global Mining Newsletter
 
 
On June 19, 2013, Canada’s Corruption of Foreign Public Officials Act  (CFPOA) was amended. New provisions significantly increase penalties for and the scope of individual and corporate liability for bribery of foreign public officials, and so Canadian companies must ensure they do not run afoul of its provisions.
 
Read More »

Canada Has Strengthened its Foreign Anti-Corruption Law: Significantly Increased Liability for Bribery and Corrupt Practices - Sills Egsgard LLP E-Bulletin

26.6.13

On June 19, 2013, Parliament passed amendments to Canada’s Corruption of Foreign Public Officials Act (“CFPOA”).  The amendments provide for significantly increased penalties and broader scope of individual and corporate liability for bribery of foreign public officials.  This Sills Egsgard LLP E-Bulletin reviews the changes to the CFPOA, and discusses what Canadian companies can do to ensure they do not run afoul of its provisions. Those companies with existing anti-corruption programs will need to review and amend policies and procedures to bring them in line with the new requirements. Read More »

Canada's Planned Amendments to Strengthen Laws Against Foreign Bribery: Sills Egsgard LLP E-Bulletin

07.2.13


Earlier this week, Minister Kenney tabled proposed amendments to significantly strengthen the anti-bribery provisions of Canada’s Corruption of Foreign Public
Officials Act
. If enacted as expected, they will significantly increase the compliance burden on Canadian companies operating abroad. The attached E-bulletin reviews the reason for and substance of the proposed amendments, and addresses the impact on Canadian companies.

A PDF copy of the E-Bulletin is available here.

  Read More »

Bribery by Third Parties: It may not be enough to say you didn't know

05.2.13

Published in the Northern Miner Global Mining Newspaper

While conscious of the legal liability arising from direct acts of bribery and other corrupt activities, senior management of mining firms may be less aware that corrupt activities by third-party agents may also be a source of criminal liability for their company, as well in certain cases for their employees and directors.  Where there is some evidence of wrongdoing in the form of illegal payments to foreign government officials, willful ignorance on the part of senior management of a company agent’s corrupt activities is unlikely to shield the company from liability for such acts under Canadian law. Read More »

Northern Miner Commentary: The new SEC rules for disclosing payments

30.9.12

Published in the Northern Miner Global Mining Newspaper

New measures requiring public disclosure by U.S. issuers of payments to governments for mineral exploration and development rights were announced on Aug. 22, 2012, by the U.S. Securities and Exchange Commission pursuant to the Dodd-Frank Act.

The new SEC rule requires companies engaged in the commercial development of oil, natural gas or minerals (termed "resource-extraction issuers") to disclose, in their annual reports to the SEC, payments of US$100,000 or more made to the U.S. federal government, or to any foreign government to obtain rights to commercial development of those resources.  Read More »

Sills Egsgard LLP E-Bulletin: New SEC Rule Requires Disclosure of Payments Made to Governments

28.8.12

On August 22, 2012 the US Securities and Exchange Commission ("SEC") adopted a new transparency rule pursuant to section 1504 of the Dodd Frank Wall Street Reform and Consumer Protection Act. The rule will require companies engaged in the commercial development of oil, natural gas or minerals to disclose, on an annual basis, payments of US $100,000 or more made to the US Federal Government or any foreign government to further the commercial development of those resources.  Read More »

Anti-Bribery Laws Brochure: Greater Enforcement, Increased Risks, Your Solutions

01.6.12

Liability for bribery has dramatically increased in recent years. Legislation in the Canada, UK and the US is being enforced with much greater vigour, resulting in heavy criminal and civil penalties for bribery payments. Read More »

Customs

Rules of Origin in Canada's New Trade Agreements

21.10.15

A hour-long webinar was delivered at the request of the Canadian Manufacturers and Exporters by Mark Sills of Sills Egsgard LLP and  our firm consultant Brian Staples of Trade Facilitation Services on October 21, 2015.  Participants in the webinar were given an overview of the structure of rules of origin in various trade agreements signed by the Government of Canada, commencing with the NAFTA and covering various free trade agreements signed since then, up to and including both the CETA and the TPP. Read More »

Russian Economic Sanctions: A Long Road Ahead?

18.9.14

Economic sanctions in relation to the Russian Federation continue to tighten as a consequence of the Russian Government's covert and not so covert support for Ukrainian secessionists in the eastern part of Ukraine.  This article explores the Canadian government's response to date in terms of various economic sanctions measures it has adopted in relation to both exports to Russia as well as to certain Russian and Ukrainian persons and entities that have been deemed to have been contributing to the ongoing hostilities. Read More »

Bill C-60: Elimination of GPT for Certain Countries: Significant Canadian Tariff Increases on Goods from Developing Countries

21.5.13

This firm E-Bulletin provides a short review of proposed amendments to the General Preferential Tariff. These changes may result in tariff increases on a number of goods, particularly impacting goods from China and companies in the consumer goods business in particular.  Read More »

Conflict Minerals

Increasing Global Regulation: Conflict Minerals Update

21.5.13

This firm E-Bulletin provides an update on the status and content of existing and proposed conflict minerals legislation and discusses ways in which your company can address compliance.

Conflict minerals legislation has been in force in the United States since August 2012, and has recently been proposed for both Canada and the European Union. Laws addressing conflict minerals seek to stem the flow of funding for a 15 year old violent armed conflict in and around the Democratic Republic of Congo (“DRC”). “Conflict minerals” generally include tin, tantalum, tungsten and gold mined in or around the DRC. Read More »

Presentation: Increasing Global Regulation - Conflict Minerals and Transparency Laws

24.4.13

This presentation was given by Jennifer Egsgard to the Canadian Institute for Mining, Metallurgy and Petroleum Management and Economic Society Discussion Group at Borden Ladner Gervais LLP Toronto on April 24th, 2013.

 



  Read More »

Northern Miner Commentary: the new US Rules for 'Conflict Minerals' and their impact on miners

01.10.12

Published in the Northern Miner Global Mining Newspaper

On Aug. 22, 2012, the U.S. Securities and Exchange Commission adopted a final rule establishing new disclosure and reporting obligations on companies whose products contain so-called "conflict minerals." This new disclosure requirement will trickle down the supply chain, causing affected companies to demand detailed chain-of-custody information from suppliers, including mining companies.

  Read More »

E-Bulletin: SEC Adopts Final Conflict Minerals Rule on August 22, 2012

22.8.12

On August 22, 2012, the U.S. Securities and Exchange Commission ("SEC") adopted a final rule that imposes new disclosure and reporting obligations on companies whose products contain so-called "conflict minerals". This long-awaited Rule specifies in detail, the reporting obligations to be met by certain companies who deal with products incorporating conflict minerals.

This E-Bulletin provides you with a brief overview of the history and content of the new "Conflict Minerals Rule" and a description of its implications for your company. Read More »