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United States

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Fasken is committed to assisting U.S. businesses and investors with their Canadian ventures.  Whether establishing a new business or  expanding an existing business across the border, or acquiring an interest in a local business, Fasken has the experience and resources to provide our U.S. clients with timely, effective and practical legal advice. We have deep experience in a number of industries, including Mining, Energy, Communications, Life Sciences, Infrastructure & PPP, which allows us to provide legal advice that is tailored to your business.

Not only are we well positioned to meet and anticipate the evolving needs of our U.S. clients in Canada, we also regularly act for Canadian companies looking to expand their business into the U.S. or acquire a U.S. business. To assist those clients, Fasken works with our network of law firm and other professional contacts throughout the U.S. Consequently, we have built relationships with some of the most prominent U.S. legal and financial firms and frequently work with them when they or their clients require Canadian legal representation. 

Our U.S. clients look to our expertise in all key areas relevant to their business, including:

Mergers & Acquisitions 
We are industry leaders informed by a deep understanding of foreign markets and domestic trends. We frequently advise on Canada's most noteworthy transactions and on complex cross-border deals. Our M&A Group offers U.S. clients with seamless transactional support across industries and provides strategic counsel on all aspects of cross-border M&A, including negotiated acquisitions and divestitures, joint ventures, strategic alliances and contested corporate transactions. With more than 100 practitioners, we can respond quickly and effectively to any public or private M&A transaction regardless of industry, timing, size, scope or complexity.

Litigation & Dispute Resolution
Fasken’s Litigation & Dispute Resolution Group consistently delivers creative and successful strategies to achieve the needs of our U.S. clients. Pioneers in numerous areas of litigation, notably class action proceedings, product liability, tax and white collar crime, the vast experience of our practitioners continues to keep us at the forefront of this dynamic and complex field, not only throughout Canada but also across borders. Our internationally-recognized team has litigated for over a century and in multiple jurisdictions worldwide. We have won significant trials and appeals for multinational companies, small- and medium-sized enterprises, and public bodies in a variety of industries and fields. We have extensive experience in all aspects of corporate and commercial litigation, having represented clients as trial and appellate counsel in courts and before all manner of arbitral and administrative tribunals. We also have expertise in international and local arbitration and mediation, as well as other forms of alternative dispute resolution.

Intellectual Property and Information Technology
As recognized leaders in IT and IP law, Fasken is well positioned to respond to the cross-border opportunities and challenges created by existing and new technologies and the corresponding legal and regulatory framework. We have a well-deserved reputation as one of the leading law firms in IT, advising on everything from large system implementations, mergers and acquisitions and outsourcings, to new internet business models, software methodologies, energy technologies, anti-spam compliance and cyber security.  Our IP practitioners include lawyers, patent agents and trade-mark agents who cover all aspects of IP protection and enforcement. Our IP group consists of experienced IP counsel and litigators who work in multidisciplinary teams to advise our clients on optimizing protection through securing patents, trade-marks, copyrights and other forms of IP protection, branding, advertising, product development and regulatory advice.

Labour Employment & Human Rights
With well over 110 practitioners firm-wide, Fasken has Canada’s broadest and deepest national labour and employment platform. The pre-eminence of our LEHR practice is repeatedly recognized by leading legal directories, where we consistently earn top-tier rankings. We continue to impact labour relations in Canada, affecting fundamental changes across the country. In the last year, we have been involved in three of the four Supreme Court of Canada labour cases. We act for numerous national and multinational clients, offering consistent, seamless strategic planning and execution in all major centres in Canada. Prominent U.S. companies seek our advice and representation to adapt their human resources strategies to the Canadian environment during major cross-border acquisitions. With the advantage of our specialized Pensions, Privacy and Business Immigration offerings, Fasken Martineau’s LEHR practice is unmatched in the Canadian market.

Foreign Investment
While welcoming foreign investment, Canada has elected to maintain many laws, both those of general application and those relating to specific industries, containing special rules and restrictions governing investments in Canada by non-Canadians. In addition to the Investment Canada Act, which provides for the notification, and in some cases the review, of certain business investments by non-Canadians, federal and provincial legislation also exists with respect to foreign involvement. Fasken is committed to serving the special needs of the non-Canadian investor contemplating or maintaining an investment in Canada. Whether establishing a new business in Canada, expanding an existing business presence or acquiring, directly or indirectly, an interest in an existing Canadian business, our lawyers are available to provide the non-Canadian investor with the focussed and pragmatic advice and assistance required to achieve its Canadian investment objective in a timely fashion. We have provided assistance to a wide range of industries including transportation, automotive, broadcasting, telecommunications, technology, consumer products, utilities, construction, financial services, food and beverage, manufacturing, health care, natural resources, pharmaceutical, professional services, retail, wholesale, film and publishing, among others. If you are contemplating a new investment in Canada or expanding your existing Canadian operations, we would be pleased to discuss that proposal with you.

Antitrust/Competition & Marketing
A great many of the activities carried on in today's business environment – mergers and acquisitions, joint ventures, strategic alliances, licensing, distribution and dealer agreements, marketing and advertising, grey marketing, labelling and packaging, and trade association activities – are affected by competition and marketing laws. At the same time, businesses, directors, officers and employees are subject to increasing scrutiny by antitrust/competition agencies in Canada and around the world. The Fasken Antitrust/Competition & Marketing Law Group has extensive experience and expertise in all areas of competition law, including in relation to mergers and acquisitions, criminal cartel matters, pricing and distribution issues, marketing and advertising, competition law litigation, parallel imports, technology transfers, exploitation of intellectual property rights and issues relating to abuse of dominant position. We provide advice, assistance and representation to clients in designing, negotiating and implementing transactions, commercial relationships, and advertising and marketing programmes and competition law compliance programmes, and in responding to actions and initiatives of third parties whose interests may be adverse to those of our clients. We have considerable experience in representing clients in connection with criminal investigations and prosecutions under the Canadian and South African competition legislation.

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