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Knowledge Centre

Capital Markets and Mergers & Acquisitions

Fasken
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Overview

If you lead, advise, or finance transactions, this Knowledge Centre is for you. It collects Fasken’s latest insights on Canadian and cross-border private M&A, public M&A, private equity, capital markets and corporate finance, securities regulation, corporate governance, ESG disclosure, and shareholder activism.

Whether you are in-house counsel, a business executive, a director, a corporate development leader, an investor, or a deal advisor, you’ll find practical guidance to help you assess risk, structure deals, meet disclosure obligations, and respond to fast-changing market and regulatory conditions.

Who this is for

  • General counsel and in-house legal teams supporting transactions, disclosure, and governance
  • Business executives, directors and special committees managing fiduciary duties, conflicts, and activism risk
  • Corporate development and executive teams evaluating deals, structure, and timing
  • Private equity and venture capital investors planning acquisitions, exits, and investment strategy
  • Investment banks, financial advisors, and transaction professionals working in Canada or on cross-border deals
  • Commercial litigators working on transactional, corporate, contractual or securities disputes

Find guidance on

  • M&A deal terms, negotiation strategy and risk allocation (due diligence, closing conditions, RWI, earnouts)
  • Public deal mechanics and strategy (plans of arrangement, takeover bids, auctions, appraisal rights)
  • Securities and disclosure issues (material change reporting, financings, ESG disclosure, IPO readiness)
  • Governance pressure points (directors’ duties, special committees, ESG, shareholder disputes)
  • Defending against or conducting a shareholder activism campaign or proxy context
  • Corporate financings and private equity and venture capital investment 

Private M&A

Practical insights for private acquisitions, divestitures, joint ventures, private equity and venture capital investments and exits, deal structuring, and risk management, including Canadian and cross-border negotiation trends and pre and post-closing M&A litigation
  • Fasken's Exit InSights, 1/13/2026
  • Fasken’s Guide to Earnouts in Private M&A, 4/1/2025
  • Buyer Beware: New Ruling Gives Guidance on Drafting Non-Competes in Canadian M&A, 5/14/2026
  • Materiality Scrapes in Canadian M&A: More Than Meets the Eye?, 4/9/2026
  • Closing Conditions and “Time is of the Essence” Clauses in Canadian M&A: Drafting for Certainty Around Termination Rights, 3/12/2026
  • ONCA Deals a Blow to Deal Certainty in M&A, 1/8/2026
  • M&A Amid Trade Uncertainty, 10/28/2025
  • EBITDA Multiples in North American Private M&A, 10/21/2025
  • Break Fees in M&A: Two Cautionary Tales, 7/10/2025
  • LOIs in M&A: Is New Boilerplate Needed After a Recent Ontario Ruling?, 6/19/2025

Public M&A

Strategic guidance on plans of arrangement, takeover bids, auctions, deal protection, defensive tactics, court and regulatory approvals, appraisal rights and securities litigation, with a focus on executive and director decision-making in public company transactions.
  • Unsolicited Takeover Bids in Canada, 5/12/2026
  • Fasken's Guide to Directors’ Duties and Special Committees in Public M&A, 10/1/2024
  • Acquiring a Canadian Public Company, 7/26/2023
  • 2025 M&A Year in Review, 12/9/2025
  • Appraisal Rights in Public M&A: Deal Structure, Deal Price, and Trading Price, 11/12/2025
  • ASC Gives Guidance on Canada’s Takeover Bid Regime and Directors’ Duties in Cease-Trading a Poison Pill, 8/14/2025
  • Break Fees in M&A: Two Cautionary Tales, 7/10/2025
  • Fairness Opinions in Canadian Public M&A, 7/11/2024
  • “One True Rule” Reigns Again in Public M&A: Court of Appeal Awards Dissenting Shareholders Significant Premium, 3/5/2024
  • ESG and Fiduciary Duties in M&A, 9/26/2023

Capital Markets

Timely analysis on equity and debt financings, securities regulation, continuous disclosure, material change reporting, prospectus and exempt offerings, insiders, and IPO readiness in Canadian and cross-border markets.
  • 2026 ESG Disclosure Study, 3/3/2026
  • IPOs in Canada: Getting Ready to Go Public, 1/16/2024
  • Share Buy-Backs, Shareholder Activism, Takeover Bids and IPOs: CSA Proposes Sweeping Changes to Canadian Securities Law, 5/21/2026
  • Semi-Annual Financial Reporting – a Preliminary Scorecard, 4/21/2026
  • To SAR or Not to SAR? The Pros, Cons and Complexities of Semi-Annual Reporting by Public Companies, 2/18/2026
  • CSA Pauses New Climate and DEI Disclosure Rules to Focus on the Competitiveness of Canada’s Capital Markets, 4/24/2025
  • “A Change is a Change” – The Supreme Court Rejects a Narrow Interpretation of “Material Change”, 12/1/2025
  • Semi-Annual Reporting Arrives in Canada – Analysis, Commentary and What Comes Next, 12/11/2025
  • Global Market Uncertainty Prompts Securities Regulators to Act to Encourage IPOs and Increase the Competitiveness of Canada’s Capital Markets, 4/22/2025
  • Canada's ESG Landscape: Key Insights and Developments, 5/27/2025

Corporate Governance and Shareholder Activism

Actionable insights on directors’ duties, special committees, ESG disclosure, shareholder activism and proxy battles, oppression risk and shareholder disputes in evolving regulatory and stakeholder environments.
  • 2026 Shareholder Activism in Canada: The Legal Framework, 2/3/2026
  • Fasken's Guide to Directors’ Duties and Special Committees in Public M&A, 10/1/2024
  • AI in the Boardroom: The Good, the Bad, and the Complex Balance Directors Must Navigate, 6/11/2026
  • Chambers' 2025 Guide to Corporate Governance in Canada, 7/3/2025
  • Proxy Battles and Oppression: Lessons from Skychain for Boards and Activists at Contested AGMs, 2/5/2026
  • Board Governance Amid Trade Uncertainty: Strategic Considerations for Directors in Canada, 4/10/2025
  • U.S. States are shedding shareholder protections. That’s an advantage for Canada, 10/2/2025
  • As Proxy Season Begins, What Constitutes a Proxy “Solicitation”?, 2/20/2025
  • “Joint Actors” in Shareholder Activism: The Importance of a “Common Specific Purpose”, 2/22/2024
  • Activism Alert: The (New) Primacy of Process in a Board’s Response to a Meeting Requisition?, 2/13/2023

Private Equity

Deal-driven insights on private equity across the investment lifecycle, including fund formation, leveraged buyouts and take-private transactions, co-investments, portfolio add-ons, tuck-ins, secondaries, continuation vehicles, and other M&A through to liquidity exits via strategic sale, auction processes or IPO.
  • Fasken Authors the Chambers Private Equity 2025 Canada Guide, 9/23/2025
  • Fasken's Exit InSights, 1/13/2026
  • Private M&A Deal Trends to Watch: Key Takeaways from SRS Acquiom’s 2026 Study, 5/7/2026
  • Continuation Vehicles in Private Equity: U.S. Dispute Shines a Spotlight on Process, 1/15/2026
  • It’s Not a Bug, It’s Innovation: Why Criticism of Private Equity’s Use of Continuation Vehicles Is Wrong, 12/16/2025
  • Trends in Representations and Warranties Insurance (RWI) in North American Private M&A, 10/2/2025
  • Private Equity Exits: When Might Seeking Term-End Liquidity Create a Conflict?, 7/22/2025
  • EBITDA Multiples in North American Private M&A, 10/21/2025
  • Private Equity Can Help Solve Canada’s Productivity Crisis, 4/10/2024
  • Does a Different MAE Analysis Apply to a “Financial” Buyer?, 6/22/2023

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