Davis LLP - News

Chris Bennett Discusses Trademarks and Domain Name Protection

Thu, 24 May 2012 09:43:00 PDT

Intellectual Property lawyer <a href="http://www.davis.ca/en/lawyer/chris-bennett/">Chris Bennett</a> shares his expertise on trademark protection and domain name dispute resolution in the latest issue of In-House Counsel magazine. In the aricle "What's in a Domain Name?" by Luigi Benetton, Bennett is on hand to discuss the steps companies can take to protect their trademarks and domain names from cybersquatters and other factors that could potentially harm their brand. When disputes over domain names do arise, there are resolution policies in place that could first be explored before considering litigation, which, Bennett points out, could prove expensive and time-consuming. Read the full article <a href="http://www.lawyersweekly-digital.com/lawyersweekly/ic2012spring#pg30" target="_blank">here</a>.

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Stuart Morrow Appears on CBC Radio

Tue, 22 May 2012 16:11:00 PDT

<h2> Proxy Law Expert Stuart Morrow Says Shake-up at CP Rail Board Not Surprising</h2> Vancouver partner <a href="http://www.davis.ca/en/lawyer/stuart-morrow/">Stuart Morrow</a> appeared on the <a href="http://www.cbc.ca/asithappens/episode/2012/05/17/the-thursday-edition-29/" target="_blank">May 17, 2012 edition</a> of As It Happens on CBC Radio. He was on hand to discuss the long and highly publicized proxy battle at Canadian Pacific Railway which captivated industry analysts and the media and which ultimately paved the way to a significant shuffling of the board of directors. While such dissident campaigns are rare in large-cap companies in Canada, Morrow asserts that they have "long been commonplace" in the United States and even among small- to mid-cap issuers in Canada. The ascendancy of shareholder activism in Canada has long been anticipated by analysts and should not come as a surprise to the business community. <h2> Download the Podcast</h2> Listen to the full interview by downloading the podcast <a href="http://podcast.cbc.ca/mp3/podcasts/asithappens_20120517_52248.mp3" target="_blank">here</a>. The segment featuring Morrow begins at the 11:50 mark.

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Stuart Morrow Quoted in Calgary Herald

Thu, 17 May 2012 09:41:00 PDT

Stuart Morrow, partner at the Vancouver office of Davis LLP, was quoted in the Calgary Herald in which he speaks to business reporter Rebecca Penty about  the shareholder activism at work in the lengthy proxy battle for control of the CP Rail board. Read the full article, "Showdown for CPR's future favours activist hedge fund," on the <a href="http://www.calgaryherald.com/business/Showdown+future+favours+activist+hedge+fund/6634037/story.html" target="_blank">Calgary Herald website</a>.

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Barry Penner Quoted in Globe and Mail

Mon, 14 May 2012 10:24:00 PDT

Davis LLP strategic advisor <a href="http://www.davis.ca/en/lawyer/barry-penner-qc/">Barry Penner</a>, former provincial Minister of the Environment, was recently quoted in the Globe and Mail on Premier Christy Clark's plan to establish a liquefied natural gas industry in British Columbia to expand the province's energy exports. As the premier sets her sights on attracting investors from Japan to back a series of proposed LNG plants on the B.C. north coast, Penner suggests that while the province "has a good opportunity to assist Japan with supplies of LNG," it will need to act quickly in face of fierce competition from other countries. Read the full article, "Natural-gas plans could alter B.C.'s climate-change goals," on the <a href="http://www.theglobeandmail.com/news/national/british-columbia/bc-politics/lng-plans-may-alter-climate-change-goals/article2431448/" target="_blank">Globe and Mail website</a>.

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Donald Campbell Quoted in Embassy

Wed, 09 May 2012 11:59:00 PDT

<a href="http://www.davis.ca/en/lawyer/donald-campbell/">Donald Campbell</a>, senior strategy advisor at Davis LLP and <a href="http://www.davis.ca/en/news/apf-canada-distinguished-fellow-don-campbell-named-co-chair-of-pecc/"> Co-Chair of the Pacific Economic Cooperation Council</a> , was recently quoted in foreign policy newspaper Embassy. In the article "Former trade officials: US, Japan issues weaken TPP chances for Canada" by Sneh Duggal, Campbell offers his view on how Japan's domestic political turbulence may affect Canada's bid to enter the Trans-Pacific Partnership negotiations. Read the full story on the <a href="http://www.embassymag.ca/page/view/tpp-05-09-2012" target="_blank">Embassy website</a>.

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Alvarez & Marsal Canada Inc. Wins Multi-Million-Dollar Appeal

Thu, 03 May 2012 09:00:00 PDT

The Davis team of <a href="http://www.davis.ca/en/lawyer/brent-meckling/">Brent Meckling</a> (Partner, Vancouver) and <a href="http://www.davis.ca/en/lawyer/monika-gehlen/">Monika Gehlen</a> (Associate Counsel, Vancouver) won a recent appeal for Alvarez & Marsal Canada Inc., the receiver of Redfern Resources Ltd. The issue in the case was whether title to mining equipment worth several million dollars had passed from the seller to Redfern before Redfern came under CCAA protection. The British Columbia Court of Appeal confirmed the conclusion of the Chambers Judge that title had indeed passed even though Redfern had not yet inspected the equipment and had cancelled the purchase order "in its entirety" before the CCAA stay was granted. <a href="http://www.davis.ca/uploads/files/2012 BCCA 189 Redfern Resources Ltd_ (Re).pdf">Redfern Resources Ltd. (Re), 2012 BCCA 189</a>

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Donald Campbell Appointed Co-Chair of the Pacific Economic Cooperation Council

Mon, 30 Apr 2012 11:08:00 PDT

Davis LLP is pleased to announce that Senior Strategy Advisor <a href="http://www.davis.ca/en/lawyer/donald-campbell/">Donald Campbell</a> has been appointed Co-Chair of the <a href="http://www.pecc.org/" target="_blank">Pacific Economic Cooperation Council (PECC)</a>, a multi-disciplinary network of distinguished professionals dedicated to the promotion of economic growth in the Asia Pacific region. With extensive expertise in international law and Canada-Asia trade practices, Donald will continue in this new position to build on his ongoing efforts in cultivating strong Canadian economic partnerships in Asia. “As Asia grows in importance for Canada in terms of trade, geopolitics, and cultural exchanges, I am delighted to take this position and very much look forward to working with friends and colleagues of PECC network,” he remarks. Davis LLP is a leading full-service international law firm with established connections in Asia and the Pacific Rim. It remains the only Canadian law firm with an office in Japan. For further information, please see the <a href="http://www.asiapacific.ca/media/press-releases/36862" target="_blank">Asia Pacific Foundation of Canada press release</a>.

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Davis LLP Welcomes Bill Hearn to the Firm

Wed, 25 Apr 2012 10:30:00 PDT

Davis LLP is pleased to welcome accomplished business lawyer, <a href="http://www.davis.ca/en/lawyer/Bill-Hearn/">Bill Hearn</a>, to its growing Toronto office. "Bill is an impressive lawyer with a robust legal practice," said Rob Seidel, the Firm's Managing Partner. Bill Hearn has extensive experience in transportation, international trade, public-private partnerships, advertising & marketing, corporate/commercial, M&A, and regulatory law. He advises businesses, governments, Crown agencies and trade associations. A recognized leader in many fields, Bill is ranked in Martindale & Hubbell, Who's Who International Legal, Lexpert, and Best Lawyers in Canada 2012. Bill Hearn joins the Toronto office as Counsel.

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Canfor completes $60 million acquisition of Tembec's BC southern interior wood products assets

Thu, 05 Apr 2012 16:04:00 PDT

On March 23, 2012, Canfor Corporation, a leading Vancouver-based integrated forest products company, completed its acquisition of the Tembec Industries Ltd. ("Tembec") southern British Columbia interior wood products assets consisting of the Elko and Canal Flats sawmills and approximately 1.1 million cubic metres of combined Crown, private land and contract annual allowable cut. The transaction includes a long term residual fibre supply agreement for Tembec's Skookumchuck mill and an agreement for the management of private forest land. Davis LLP represented Canfor Corporation in this transaction with a team led by Brian Hiebert that included Kate Bake-Paterson and Megan Filmer (corporate/commercial and due diligence leaders), Garry Mancell and Angeline Nyce, (forestry), Lana Finney (environment), Richard Press (labour and employment), Kevin Wright , Jonathan Gilhen and Heather Burgi (competition), Mike Mjanes (real estate), Danielle Jarvis (corporate/commercial and environment), Paul Lailey and Dennis Yee (tax), Anelize Aguiar and Stephanie Walsh (due diligence and closing) and Shawn Hatch (pensions and benefits).

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E-data Costs to "Overwhelm"

Thu, 05 Apr 2012 10:52:00 PDT

Kelly Friedman is quoted in the April 6, 2012, issue of Lawyers Weekly. In the article, "E-data Costs to 'Overwhelm,'" written by Michael Rappaport, Kelly comments on the increasing cost of collecting e-data. Excerpt below. Electronic data has “exploded” and the costs of production threaten to “overwhelm the costs of litigation” if not handled properly, warns Kelly Friedman, chairwoman of Sedona Canada, the group that spearheaded the task force to develop national e-discovery guidelines. Read the full article <a href="http://www.lawyersweekly-digital.com/lawyersweekly/3145?pg=22#pg22">here</a>.

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Davis LLP Expands Patent Services

Tue, 03 Apr 2012 16:07:00 PDT

Davis LLP is pleased to offer its clients an expanded base of patent services through the firm’s special relationship with MBM, a patent firm with offices in Ottawa, Vancouver and Montreal. Davis’s patent specialist Euan Taylor has joined MBM, where he will continue to provide patent services to Davis clients. Euan’s practice, which focuses on chemistry and the life sciences, will be complemented at MBM by a broad spectrum of patent related expertise in other fields, such as electrical, computing, pharmaceutical and mechanical patents, protection of plant varieties and regulatory submissions. For more information about the services Davis will provide through MBM, please visit <a href="http://www.mbm.com/">MBM’s website</a>.

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Fibrek and market integrity

Tue, 03 Apr 2012 11:02:00 PDT

Stu Morrow was quoted in the April 3, 2012, issue of the Financial Post. In the article, "Fibrek and market integrity," Stu comments on the contentious Fibrek Inc. case. Excerpt from the article: Mr. Morrow sees merit in an OSC or AMF hearing on the question of whether the controlling shareholders of Fibrek acted in concert to strip part of the value of Fibrek for the benefit of Abitibi (in which they held a larger stake), at the expense of Fibrek’s minority shareholders. Read the article <a href="http://business.financialpost.com/2012/04/03/fibrek-and-market-integrity/">here</a>.

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Davis LLP Celebrates its 120th Anniversary

Fri, 23 Mar 2012 13:23:00 PDT

On March 25th, Davis LLP turns 120. If a law firm’s success is measured by its growth, then Davis’ 120-year history speaks to an unparalleled achievement. This success would not have been possible without the strong foundation built by its founder and the hard work of the staff and lawyers who have served the firm throughout the years. The firm was founded in 1892 by Edward P. Davis, only six years after the city of Vancouver was incorporated, and merely 25 years after Canada was born. Mr. Davis, who would become one of the most revered and well-known litigators of his time, had moved to Vancouver from Upper Canada. At that time, Vancouver, a city with just 15,000 inhabitants, was in the midst of a growth spurt. Hastings Street had just become the first paved road and The Hudson’s Bay Company was opening its first Vancouver store at the corner of Georgia and Granville Streets. Planning had also begun for Christ Church Cathedral and St. Paul’s Hospital. There was a lot of work available for an emerging law firm. The firm opened its doors under the name Davis, Marshall and Macneill. The trio quickly attracted key clients and developed a reputation for excellence. Some of the firm’s earliest clients included: Anglo British Columbia Packing Company, the largest sockeye salmon company in the world; <ul> <li> Edison General Electric;</li> <li> Oppenheimer family, Vancouver’s first and largest wholesale merchants, including David Oppenheimer, Mayor of Vancouver 1888-1891;</li> <li> Canadian Pacific Railway and subsidiaries;</li> <li> Union Steamship Company, the leading steamship company in the Klondike;</li> <li> Vancouver Printing and Publishing Company, printer of the Vancouver Daily Province;</li> <li> New England Fishing Company;</li> <li> Canadian Bank of Commerce (now CIBC);</li> <li> North Star Mining Company; and</li> <li> British Columbia Sugar.</li> </ul> Over the following century, the firm continued to grow against the backdrop of economic and political fluctuations, such as the gold rush, two world wars, and the Great Depression. After Davis’ 100-year anniversary, the firm began its rapid expansion across the country. Davis & Company opened an office in Whitehorse and Yellowknife in 1993 and 1994, Toronto in 1996, Montreal and Tokyo in 1997, and Calgary and Edmonton in 2002. True to its enterprising roots, Davis remains the only national law firm in Canada to have been born in the West and marched eastward. Today, the firm has the professional capacity to serve global clients from anywhere in the world. Davis continues to grow as the firm attracts lawyers and staff who are committed to the same principle of excellence that was emulated by its founder, Edward P. Davis.

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Chambers and Partners Recognizes Davis LLPâ��s National and Global Expertise

Fri, 16 Mar 2012 10:49:00 PDT

Davis LLP is pleased to announce it has been recognized by Chambers and Partners, an authoritative legal directory, as a Canadian leader in the areas of Projects: PPP & Infrastructure, Band 2, and Banking & Finance, Band 4. Davis’ Project Finance, Infrastructure and Public-Private Partnerships Group has won numerous international awards for its domestic and global transactions, while the firm’s Banking & Financial Services Group is known for its ability to attract key clients in the banking industry. Six of the firm’s lawyers were also acknowledged as leaders in their fields both at home and on the international stage. The following Davis lawyers are ranked in Chambers Global 2012: <ul> <li> Peter Archibald - Employment & Labour (Canada)</li> <li> Don Bell - Corporate/M&A (Canada); Corporate/M&A, Foreign Experts - Spotlight Table (Canada); Corporate/M&A, Experts Based Abroad – Spotlight Table (Japan)</li> <li> Eric Belli-Bivar - Banking & Finance (Canada)</li> <li> Ian Bendell - Project: PPP & Infrastructure (Canada)</li> <li> Doug Buchanan - Projects: PPP & Infrastructure (Canada); Banking & Finance (Canada)</li> <li> Hiroaki Takahashi - Banking & Finance: Domestic (Japan)</li> </ul> Chambers bases its rankings on interviews with numerous lawyers and clients. Firms and lawyers are assessed on criteria that include technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment, and other qualities that the client considers relevant. The results are published on the <a href="http://www.chambersandpartners.com/Global/Firms/3765-46041">Chambers Global Website</a> and in Chambers Global 2012.

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Rubicon Minerals Closes $200 million Public Offering of Common Shares

Tue, 06 Mar 2012 09:18:00 PST

On February 29, 2012, Rubicon Minerals Corporation (TSX: RMX | NYSE-AMEX: RBY) (the "Company" or "Rubicon") announced that it had closed its bought deal equity financing of 49,000,000 common shares of the Company at a price of Cdn$4.10 per share for aggregate gross proceeds to the Company of Cdn$200,900,000. GMP Securities L.P. and TD Securities Inc. were co-lead underwriters in a syndicate that included UBS Securities Canada Inc., Mackie Research Capital Corporation, Scotia Capital Inc. and NCP Northland Capital Partners Inc. The Company plans to use the net proceeds from the offering to advance the development of the Phoenix Gold Project in Northwestern Ontario and for working capital and general corporate purposes. The common shares were offered by way of a short form prospectus filed in all of the provinces of Canada, other than Québec, pursuant to National Instrument 44-101 - Short Form Prospectus Distributions and in the United States on a private placement basis pursuant to an exemption from the registration requirements of the United States Securities Act of 1933, as amended. Davis LLP represented Rubicon Minerals with a team led by David Reid with assistance from Ruby Chan, Elaine Tham, Tony Anderson, John Lemieux, Rhys Davies, Mike Coburn, and paralegals Claudia Tsao and Joy Syho.

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Marubeni and Winsway Complete $1 billion Acquisition of Grand Cache Coal

Fri, 02 Mar 2012 13:50:00 PST

Davis LLP advised Marubeni Corporation in connection with its acquisition, together with Winsway Coking Coal Holdings Limited, a Hong Kong company, of Grande Cache Coal Corporation and Grande Cache Coal LP, for a purchase price of approximately $1 billion. The acquisition closed on March 1, 2012. Grande Cache Coal LP owns and operates a coal mine with more than 300 million tonnes of coal resources. Marubeni and Winsway plan to expand the mine’s production. Global demand for hard coking coal is high and expected to continue to grow as a result of increased crude steel production in newly emerging economies and continued strong economic growth. This transaction was particularly important for Marubeni because it allows Marubeni to diversify its sources of hard coking coal, which are heavily concentrated in Australia. The acquisition also provides Marubeni with a platform for future growth in the coal sector in Canada. Davis’ team included Don Bell, Dan Kenney, Eric Belli-Bivar, Catherine Pawluch, Shane Onufrechuk and Michael Adams. <a href="http://www.marketwire.com/press-release/grande-cache-coal-announces-closing-of-plan-of-agreement-tsx-gce-1626898.htm">View the media release on Marketwire</a>.

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Davis LLP Transaction Wins Mining Deal of the Year

Thu, 01 Mar 2012 06:00:00 PST

At an awards gala in Toronto on February 29, 2012, the Canadian Dealmakers named Capstone Mining Corp.'s $710 million-acquisition of Far West Mining Ltd. as "Mining Deal of the Year." Davis LLP's team was legal advisor to Far West, which was led by David Reid and included Ruby Chan, Don Collie, Elaine Tham, Brent MacLean, Stuart Morrow and Michael Coburn. "We are proud to be the legal advisors to Far West Mining and to have played a part in its growth from the start," says Robert Seidel, Q.C., Firm Managing Partner. "To now celebrate the Mining Deal of the Year award with them is testament to Davis LLP's strength as a premier business law firm with a growing presence in the mining industry." David Reid, Head of Davis’ Global Mining Group and lead lawyer for Far West, hosted two tables at the gala to celebrate with executives from Far West and others involved in the deal. "It was exciting to successfully close a deal of this magnitude,” says Reid. “And it was a great honour to celebrate last night with the people who made it happen.” Capstone Mining Corp. acquired all of the issued and outstanding common shares of Far West Mining Ltd. pursuant to a statutory plan of arrangement, effective June 17, 2011. Far West is now held through a newly-formed subsidiary of Capstone, owned 70% by Capstone and 30% by Korea Resources Corporation. <a href="http://www.davis.ca/en/experience/captsone-mining-acquires-far-west-mining-ltd-for-710-million/">Read more about the transaction.</a> <a href="http://www.davis.ca/en/practice-area/mining-law/">Meet the Davis LLP Global Mining Group.</a>

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Jeff Waatainen Joins Davis LLP

Wed, 29 Feb 2012 15:22:00 PST

Mark Schmidt, Office Managing Partner, is pleased to announce that Jeff Waatainen, a seasoned forestry lawyer with 15 years of experience, has joined the Vancouver office. Jeff brings a wealth of commercial and regulatory experience to the forestry team, which proudly serves many of B.C.’s most important forestry clients. No stranger to Davis LLP, Jeff began his career at the firm in 1994 as a student and became an associate after his call to the bar. Jeff worked on some of B.C.’s most significant commercial transactions in recent years, and was also responsible for smaller transactions and commercial matters. In 2006, he opened Westhaven Forestry Law and cultivated a wealth of expertise and a broad roster of clients in the forestry industry. As the firm grows nationally and internationally, Davis is committed to providing the best client services in each region. Davis’ Vancouver office offers clients unparalleled expertise in the areas of forestry, corporate/commercial, mining, PPPs, and many others.

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Kathleen Ryan and Craig Rose Appointed Queen's Counsel

Thu, 16 Feb 2012 08:00:00 PST

Davis LLP is pleased to announce that Kathleen Ryan and Craig Rose, of the firm's Edmonton office, have been appointed Queen’s Counsel. “This designation recognizes the excellent skill and expertise exhibited by lawyers in Alberta,” said Verlyn Olson, Q.C., Minister of Justice and Attorney General in a media statement. “It is also a mark of the outstanding contributions they have made to the profession and in their communities.” Kathleen is a seasoned litigator with a wealth of experience in consumer and injury litigation, professional malpractice, employment and commercial litigation. She is a recently-elected Bencher of the Law Society of Alberta and is recognized by Lexpert as a Leading Practitioner in Canada in the area of personal-injury litigation. Kathleen is heavily involved in her community, serving on a variety of boards and assisting with numerous charities, such as the Society for Safe and Caring Schools and Communities, the St. Andrew’s Seniors Centre, the St. Thomas More Lawyers Guild, and Edmonton Ringette. Craig is an accomplished lawyer and registered professional forester with considerable expertise in forestry matters. With his experience as a senior forester, and as a former lawyer with the Government of Alberta’s Department of Sustainable Resource Development, Craig offers industry, government and First Nations clients unparalleled experience and know-how. He also advises clients on environmental, corporate, governance and administration, and regulatory matters. Craig devotes considerable time to serving the community and the legal and forestry professions through his support of several charitable organizations, committee memberships and board appointments. For more information, please view the <a href="http://alberta.ca/NewsFrame.cfm?ReleaseID=/acn/201112/317478FA77F37-C5E5-C14C-BA253BCB1E96D6F9.html">Government of Alberta’s media release.</a>

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Rubicon Minerals Announces $200 Million Bought Deal Financing

Thu, 09 Feb 2012 15:12:00 PST

On February 6, 2012, Rubicon Minerals Corporation (RMX:TSX | RBY:NYSE-AMEX) announced that it has entered into an agreement with a syndicate of underwriters co-led by GMP Securities L.P. and TD Securities Inc., which has agreed to purchase, on a bought deal basis, 49 million common shares of Rubicon at a price of $4.10 per Share, for aggregate gross proceeds of $ 200.9 million. The underwriters will also have the option to purchase up to an additional 7.35 million shares, boosting the total proceeds to up to C$231.035 million. This option is exercisable in whole or in part at any time up to 30 days after the offering's close. The financing will be used to develop Rubicon's Phoenix gold project near Red Lake, Ontario, and for working capital purposes. The financing is scheduled to close around February 29, 2012, subject to the receipt of all necessary approvals, including that of the Toronto Stock Exchange, the NYSE Amex Exchange and the securities regulatory authorities. Davis LLP represented Rubicon Minerals with a team led by David Reid with assistance from Ruby Chan, Elaine Tham, Tony Anderson, John Lemieux, Rhys Davies, Mike Coburn, and paralegals Claudia Tsao and Joy Syho. <a href="http://www.newswire.ca/en/story/916375/rubicon-minerals-announces-200-million-bought-deal-financing">View the media release.</a>

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