News

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Insurance for Cybersecurity Incidents and Privacy Breaches

Feb 15, 2018

On February 15, 2018, Borden Ladner Gervais published an article on how employees and other insiders are a major security risk. A cybersecurity incident or privacy breach caused or facilitated by an organization’s insiders can result in significant losses and liabilities. Insurance can be an effective way to help manage insider risk.

An organization should obtain appropriate professional advice when making important decisions about privacy and cyber insurance. Most insurance companies offer insurance policies specifically designed to protect an insured against losses and liabilities arising from privacy breaches and cybersecurity incidents.

The protection afforded by an insurance policy depends on the precise language of the policy (e.g. definitions, coverage descriptions, restrictions and exclusions) interpreted in accordance with legal principles established by Canadian courts.

Review the full article on Borden Ladner Gervais' website.

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Extraterritorial Scope of GDPR: Do Canadian Businesses Need to Comply?

Feb 15, 2018

On February 15, 2018, Miller Thomson published an article on how the European Union’s General Data Protection Regulation (the “GDPR”) will be coming into force on May 25 of this year. While the GDPR has been a hot topic for some time in Europe, it has only recently begun to hit the radar of Canadian companies.

While there are many questions around the GDPR, one key question that organizations outside of the European Union (the “EU”) are asking is whether they are required to comply with the GDPR, even if they do not have a physical presence within the EU. While the answer will largely depend on the specific activities of each organization, there are good reasons to believe that in many instances, compliance with the GDPR may be required.

Review the full article Miller Thomson's website.

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SEC commissioner calls for curb on dual-class ‘forever’ shares

Feb 15, 2018

On February 15, 2018, the Securities and Exchange Commission (SEC) released a speech by SEC Commissioner Robert Jackson Jr. where he discussed how the U.S. exchanges should consider barring companies that offer lifetime dual-class shares or requiring them to include sunset provisions.

Mr. Jackson and his SEC staff looked at 157 dual-class initial public offerings occurring over the past 15 years, and "immediately noticed some pretty significant differences" between the 71 companies with sunset provisions and the 86 without, and found that over time their predicted valuations diverged.

Seven or more years after their IPOs, firms without sunset provisions traded at a significant discount, and decisions by some firms to drop their dual-class structures later were associated with a significant increase in valuations, he said, noting that the analysis is preliminary but a subject "that deserves much further study."

Review the full speech on the SEC's website.

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Insurance contracts transition resource group - meeting summary, podcast, IFRS in Focus

Feb 13, 2018

On February 13, 2018, the International Accounting Standards Board (IASB) released a summary and a podcast of the Transition Resource Group (TRG) for Insurance Contracts' first technical meeting held on February 6, 2018.

The complete set of information around the TRG meeting is now available:

Review the press release on the IASB's website.

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The Benefit of an ICO Bubble Burst

Feb 12, 2018

On February 12, 2018, the D&O Diary released a guest post by John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement, where he discusses how the recent dramatic decline in cryptocurrency prices certainly at least raises the question of whether or not the pricing bubble for cryptocurrencies that fueled the recent wave of initial coin offerings (ICOs) has burst – or at least, is about to burst.

SEC Chairman Jay Clayton stated: I believe every ICO I have ever seen is a security. ICOs should be regulated like securities offerings. End of Story.”

Mr. Stark adds that in the coming year or two, the SEC, the U.S. Financial Crimes Enforcement Network (FinCEN), the U.S. Department of Justice (DOJ), the Commodity Futures Trading Commission (CFTC) and a slew of other federal and state agencies will initiate a continuing sweep of ICO-related enforcement actions, triggering a virtual earthquake in the ICO industry.

But an ICO bubble burst will inevitably ensure that whatever cryptocurrency marketplace survives will provide the same customer protections and capital safeguards often taken for granted in the context of the traditional trading of securities. This not only makes for good business, but for a more robust and resilient global financial marketplace as well.

Review the guest post on the D&O Diary's website.

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The future of finance is digital

Feb 12, 2018

On February 12, 2018, CPA Canada posted a blog on how some of our more robotic finance tasks will be replaced by robots.

Technology has had a profound impact on many fields, and forced industry leaders from publishing to retail to the automotive sector to rethink the way they go to market—and the value proposition they hold dear. It has also instilled a certain amount of fear about what the future might hold.

Grant Abrams would know. Abrams is a partner, Finance & Performance Management Services, at Deloitte in Ottawa, and works with CFOs to become strategic partners to their business, as well as helping them to become more efficient and effective organizational players. One of those ways is making sense of the increasing automation of finance.

Review the blog on CPA Canada's website.

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Regulatory Authorities To Know Before Doing Business In Crypto

Feb 12, 2018

On February 12, 2018, Goodmans LLP published an article on how we have not yet seen as strong a reaction from regulators in Canada. However, the Canadian Securities Administrators have provided meaningful guidance on the applicability of Canadian securities laws to ICOs.

Other regulatory authorities also have watchful eyes on ICOs. In this update, we look beyond securities regulators and securities regulations that might affect ICOs in Canada and discuss the potential for broader regulation.

Review the full article on Goodmans LLP's website.

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Summary of the December 2017 ASAF meeting now available

Feb 08, 2018

On February 8, 2018, the staff of the International Accounting Standards Board (IASB) made available a summary of the discussions of the Accounting Standards Advisory Forum (ASAF) meeting held in London on December 7 and 8, 2017.

The topics covered during the meeting included:

  • Primary financial statements
  • Disclosure initiative — Definition of material
  • Disclosure initiative — Principles of disclosure
  • Post-implementation Review of IFRS 13
  • Wider Corporate Reporting
  • Academic liaison
  • Information deficiencies and consolidated financial statements
  • Proposed improvements to IFRS 8
  • Business Combinations Under Common Control
  • Project updates and agenda planning

Review the press release and the summary of the meeting on the IASB's website.

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CSA publishes revised disclosure expectations for issuers with U.S. marijuana-related activities

Feb 08, 2018

On February 8, 2018, the Canadian Securities Administrators (CSA) published CSA Staff Notice 51-352 (Revised) "Issuers with U.S. Marijuana-Related Activities", which sets out CSA staff’s disclosure expectations for specific risks facing issuers with marijuana-related activities in the U.S.

The revised notice includes additional disclosure expectations that apply to all issuers with U.S. marijuana-related activities, including those with direct and indirect involvement in the cultivation and distribution of marijuana, as well as issuers that provide goods and services to third parties involved in the U.S. marijuana industry. Issuers are expected to provide these disclosures in prospectus filings and other required documents, such as their Annual Information Form and Management’s Discussion and Analysis.

The CSA will continue to monitor developments in the U.S. marijuana industry.

Review the press release on the CSA's website and the Staff Notice on the CSA members’ websites.

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At the Crossroads: Innovation and Inclusive Growth

Feb 08, 2018

On February 8, 2018, the Bank of Canada published remarks by Carolyn A. Wilkins, Senior Deputy Governor of the Bank of Canada, given at the G7 Symposium on Innovation and Inclusive Growth. In her remarks, she discusses how technological advances can leave people behind. It is perhaps only in the last decade or so that mainstream macroeconomists have sharpened their focus on how income distribution may affect long-term growth and macro dynamics.

There is compelling evidence that innovation has been an important reason behind rising income inequality in advanced economies in recent decades.2 Research also finds that rising inequality can result in weaker and less-stable macroeconomic outcomes. This places us, as policy-makers, at a crossroads. Do we choose to stay on the same road and repeat the past? Or do we apply fresh thinking to policy and choose a new road where innovation delivers even stronger and more-inclusive growth?

This is the challenge that the G7 countries have set for themselves for 2018. Canada is proud to lead the G7’s work this year to better understand the issues so that we can set priorities for policy.

Review the remarks on the Bank of Canada's website.

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