Cleary Gottlieb Steen & Hamilton LLP (LexBlog Canada)

U.S. Regulatory Challenges for Chinese Companies: The Huawei Case Study
Cleary Gottlieb and Tiantong & Partners 天同律师事务所 are continuing their collaboration to produce joint analyses regarding some of the current U.S. regulatory challenges for Chinese companies. This second analysis is based on a case study of U.S. efforts to extradite Huawei’s CFO, Meng Wanzhou, from Canada, and considers risk mitigation for Chinese corporate executives travelling abroad. A...
Canadian Financial Regulator Publishes New Cyber Incident Reporting Guidelines Effective March 2019
On January 24 2019, Canada’s Office of the Superintendent of Financial Institutions (“OSFI”) released an Advisory detailing new requirements for Canadian federally regulated financial institutions (“FRFIs”) to report cyber incidents within 72 hours. FRFIs include banks, trust companies, loan companies, life insurance companies, property and casualty insurance companies, and fraternal benefit...
New Mandatory Data Breach Reporting Requirements Become Effective for Companies Doing Business in Canada
On November 1, 2018, the Canadian Digital Privacy Act came into effect. The Act, passed on June 18, 2015, modified the data breach obligations for companies subject to the Personal Information Protection and Electronic Documents Act (“PIPEDA”) by introducing three new requirements in the event of certain data breaches: reporting to the Canadian Office of...
Canada Proposes New Deferred Prosecution Agreement Program
On March 27, 2018, the Canadian Government announced the introduction of legislative amendments to bring deferred prosecution agreements (“DPA”) to Canada. The legislation, which would create the “Remediation Agreement Regime” (“RAR”), follows a global trend. In recent years, DPA regimes have been introduced in the U.K. and France, and considered in a variety of other...
The Clash of Steel: U.S. Tariffs Imminently In Force, Canada and Mexico Exempt
On March 8, 2018, President Trump imposed new tariffs on steel and aluminum imports into the US. Effective March 23, 2018, a 25% tariff will be imposed on steel articles corresponding to Harmonized Tariff Schedule (“HTS”) codes 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90. In addition, a 10%...
European Commission’s Call for Proposals on Regulatory Cooperation under CETA
On January 18, 2018, the European Commission launched a call for proposals on regulatory cooperation activities envisaged by the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). (See our previous post for further details on the provisional application of CETA). The Commission is seeking views from all interested parties on the scope of issues for potential...
Opening Doors to European and Canadian Companies: Imminent Provisional Application of CETA
It took eight years to get to this point, but the dramatic rollercoaster of Canada-EU free trade negotiations will soon start to bear fruit. On May 11, 2017, the Canadian Senate passed Bill C-30, the CETA Implementation Act. Royal Assent was received on May 16. Earlier, on February 15, 2017, the European Parliament approved the...
Where Else for Investors to Sue? Multinational Companies Weigh in on a New Investment Court
In recent times, the EU and its trade partners have cranked up momentum on the establishment of a multilateral investment court, with the aim of replacing ad hoc arbitration provisions in investor-state dispute settlement (“ISDS”) for the protection of investors. In our previous post, we noted that this has caused some debate in the Canada-EU...

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