Lexpert has released its Special Edition: Litigation 2022 and McCarthy Tétrault was once again recognized for its litigation and dispute resolution expertise. The publication named 42 McCarthy Tétrault lawyers as leading litigators, and the Firm represented clients in the following two cases listed in Lexpert’s Top 10 Business Decisions for 2021–2022:

• Re Bison Acquisition Corp., 2021 ABASC 188

Team: McCarthy Tétrault acted for Bison Acquisition Corp. and Brookfield Infrastructure Corporation Exchange Limited Partnership with a team, including Shane D'Souza, Robert Richardson, Jonathan See, Kara Smyth, John Osler, William Main, Jonathan Nehmetallah and Simon Lusztig.

This was the first Canadian proceeding in which a bidder’s use of, and disclosure concerning, total return swaps (TRSs) as a means to accumulate an economic interest in a target was examined. It was also the first case under the new takeover bid regime to examine the excessiveness of break fees as a defensive tactic and one of very few cases to look at tactical poison pills under the new regime. 

• Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al., 2022 SCC 30

Team: Appellant, Music Canada, was represented by a team of lawyers at McCarthy Tétrault, including Barry Sookman, Daniel Glover and Connor Bildfell. 

The Supreme Court of Canada’s decision in this case strengthens Canadian copyright law, advances the fight against digital piracy, and protects the Canadian recording industry and its artists. The Supreme Court confirmed that Canada fully implemented its WIPO copyright Internet Treaty “making available” obligations through a combination of the communication to the public, reproduction, and authorization rights. In doing so, the Supreme Court held that any unauthorized act of making a work available online, and any subsequent unauthorized streaming or downloading of the work, are infringing. 

The following McCarthy Tétrault lawyers are recognized as leading litigators in the special edition:

The Top 10 Business Decisions is a widely anticipated annual list highlighting the most significant court decisions in Canada. Lexpert Special Edition: Litigation identifies top Lexpert-ranked litigation lawyers and their outstanding contributions to supporting client interests.

McCarthy Tétrault's Litigation Group gets to the heart of the real business issues, manages matters with objectivity and clarity, and buffers your company against disruption. We do not waste time or reputation on pointless posturing. We seek satisfactory resolution or a successful outcome in court. Major businesses count on McCarthy Tétrault when they confront complex disputes, whether in Canada or internationally. Through our offices across Canada, we provide all the resources needed to handle complex and multijurisdictional disputes in either official language. Learn how our team can help you. 

About McCarthy Tétrault

McCarthy Tétrault LLP provides a broad range of legal services, providing strategic and industry-focused advice and solutions for Canadian and international interests. The Firm has substantial presence in Canada’s major commercial centres as well as in New York City and London.

Built on an integrated approach to the practice of law and delivery of innovative client services, the Firm brings its legal talent, industry insight and practice experience to help clients achieve the results that are important to them.

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For further information, or to request an interview with a McCarthy Tétrault lawyer, please contact: [email protected].