Topic: Cross border issues

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When is a Foreign Issuer a “Responsible Issuer” for the Purpose of Part XXIII.1 of the Ontario Securities Act?

In Yip v. HSBC Holdings plc et al., 2017 ONSC 5332, Justice Perell was called upon to determine the jurisdictional reach of the Ontario courts to protect Canadian and foreign investors when the defendant is a foreign corporation whose shares do not trade on a Canadian stock exchange. Yip, an Ontario resident who purchased shares … Continue reading

The Privilege Against Self-Incrimination in U.S. Criminal Proceedings: What the Decision of the United States Court of Appeals for the Second Circuit in United States of America v. Allen and Conti Means for Canadians

On July 19, 2017 the United States Court of Appeals for the Second Circuit ruled that the Fifth Amendment’s prohibition on the use of compelled testimony in American criminal proceedings applies even when a foreign sovereign has compelled the testimony. The US. Department of Justice (DOJ) laid criminal fraud charges against the Defendants, both former … Continue reading
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