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Article

When smart contracts are not so smart

The Globe and Mail They work well in theory, but they can’t always take account of legal principles Read all of Adrian's articles here
Jul 4, 2016
Article

Who really wins in merger-disclosure settlements?

The Globe and Mail Shareholder suits settled for greater transparency on deals turn out to have no effect on voting Read all of Adrian's articles here
May 26, 2016
Article

Is the magic of ‘smart’ contracts just sleight of hand?

The Globe and Mail Creating supposedly self-executing contracts through a blockchain still requires lawyers to do much of the heavy lifting Read all of Adrian's articles...
May 11, 2016
Article

Weaker ‘poison pills,’ stronger shareholders?

The Globe and Mail A new policy limiting the use of legal devices to defeat hostile takeovers in Canada makes our regime less flexible – but maybe that’s a g...
Apr 7, 2016
Article

Lots of things can be taxed, but what should we tax?

The Globe and Mail A progressive tax regime is a good way to ensure a good society for all Read all of Adrian's articles here
Mar 25, 2016
Article

Private capital makes unicorns look beautiful, but beware the horn

The Globe and Mail Private issuer exemptions are meant to protect unsophisticated retail investors, but they may find they do own a piece through a mutual fund Read all ...
Mar 10, 2016
Article

A lesson in the limits of good faith contract law

The Globe and Mail The Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew has proven to be an endless fount of controversy concerning parties acting in go...
Feb 25, 2016
Article

Why do dual-class share structures persist? Because they work

The Globe and Mail Where there are legitimate concerns with multiple-voting shares, our laws are well equipped to deal with them Read all of Adrian's articles here
Feb 11, 2016
Article

Tech ventures and conflicts between common and preferred shares

The Globe and Mail There can be legal problems when there are different results for common preferred shareholders in certain circumstances Read all of Adrian's articles ...
Jan 28, 2016
Article

Contract interpretation: It’s an open question in Canadian courts

The Globe and Mail The idea that lower-court decisions with respect to different contracts may be reviewed under different standards – or that the level of appella...
Jan 14, 2016
Article

Supreme Court rules or it does not – there is no try

The Globe and Mail The case of CIBC v. Green is a reminder that the standard notion of the Court’s jurisprudence is naïve Read all of Adrian's articles here
Dec 24, 2015
Article

Oracle decision exposes flaws in contract language

The Globe and Mail Court case not just a good lesson for the litigators, but for contract drafters as well Read all of Adrian's articles here
Dec 10, 2015
Article

BlackBerry stock-drop lawsuit raises the question: What’s the point?

The Globe and Mail Current laws regarding litigation over misrepresentation need an overhaul Read all of Adrian's articles here
Nov 30, 2015
Article

Baseball and the law: Questioning MLB’s ‘standard of review’

The Globe and Mail The 'standard of review' is the standard by which a higher court reviews a lower body’s decision Read all of Adrian's articles here
Nov 12, 2015
Article

FanDuel, DraftKings and the business of fairness in fantasy football

The Globe and Mail A recent scandal involving the two websites questions what should be deemed fair and legal, but that’s not the real issue at hand Read all of Ad...
Oct 15, 2015
Article

Innovation compels updates to business statutes

The Globe and Mail Legal and financial innovation is largely about making the right to receive economic value increasingly abstract as we’ve added layers of comple...
Oct 1, 2015
Article

Supreme Court of Canada’s Chevron decision skirts the corporate veil

The Globe and Mail Supreme Court of Canada draws line between question of jurisdiction and liability for related company’s debts Read all of Adrian's articles here
Sep 17, 2015
Article

In the right circumstances, Canada’s English and French aren’t incompatible

The Globe and Mail Quebec’s French-derived Civil Code shares a complementary relationship with the British-style, case-law based common law regime that governs the...
Sep 3, 2015
Article

Fact-checking tedium helps avert major legal issues

The Globe and Mail The high-level analysis that took place in law school has been exchanged for the in-the-weeds labour of reviewing mountains of contracts for due dilig...
Aug 20, 2015
Article

What’s illegal insider trading? It’s hard to say

The Globe and Mail Even courts and regulators are having a tough time pinning down a workable definition Read all of Adrian's articles here
Aug 6, 2015
Article

For Harper-appointed judges, ‘originalism’ can be another form of activism

The Globe and Mail Prime Minister Stephen Harper’s recent appointments of Bradley Miller to the Ontario Superior Court of Justice and Grant Huscroft to the Ontario...
Jul 27, 2015
Article

Uber shows it’s tough to regulate new businesses with old laws

The Globe and Mail Uber has been successful in large part because of its ability to use technology to exploit regulatory gaps Read all of Adrian's articles here
Jul 15, 2015
Article

Results trump intent in proving housing discrimination: U.S. Supreme Court

The Globe and Mail Texas case involves loans that were granted at a higher interest rate to developers building affordable housing in largely black neighbourhoods Read a...
Jul 1, 2015
Article

In bailing out AIG, U.S. government broke the law – for the greater good

The Globe and Mail A judge agrees the Fed exceeded its authority in taking a stake in AIG, but consider the alternative Read all of Adrian's articles here
Jun 17, 2015
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