PMAC Lawyers’ Network: A Cross-Border Perspective on Emerging Litigation Trends

This meeting will feature a panel discussion focusing on the latest developments in litigation across jurisdictions, highlighting key legal challenges and opportunities shaping the U.S. and Canadian legal landscapes. Topics will include:

• Evolving regulatory frameworks including with respect to ESG, Whistleblower programs and enforcement actions
• Recent developments in Canadian enforcement and litigation such as:
  • Cormark Securities Inc (Re)
  • Turpin v. TD Asset Management Inc. (closet indexing)
  • Wright v. Horizons ETFS Management (Canada) Inc. (duty of care)
  • Client Focused Reforms enforcement trends
• Discussion of fiduciary duty for investment managers
• Emerging U.S. litigation trends that could impact your business including:
  • SEC enforcement actions and lawsuits involving alleged failure to disclose “known trends” under SEC Rules
  • Private class actions relating to disclosures made in public offering documents
  • Cases involving investment managers investing as a “group” collectively holding more than 10% of an issuer’s shares, giving rise to disgorgement of certain profits and additional reporting requirements
  • Market manipulation rules
  • Recent enforcement action and litigation involving investment managers, including with respect to ESG investing
• Implications for Canadian asset managers and those with clients and/or operations in the U.S.
• How these trends may influence corporate and legal strategies and regulatory compliance in the year ahead.

Our guest speakers will be Shane D’Souza, litigation partner and head of the Critical Situations & Shareholder Activism Group at McCarthy Tétrault LLP in Toronto, and Susan Saltzstein, litigation partner and co-deputy of the national Securities Litigation Group at Skadden, Arps, Slate, Meagher & Flom LLP in New York City. The discussion will be moderated by Shalomi Abraham, Senior Vice President, Head of Legal – Canada & Assistant General Counsel – Americas, at Invesco.