Torys LLP Announces Top Trends in M&A for 2011

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Foreign investment and the expanding role of shareholders will be the main influences on mergers and acquisitions activity for the upcoming year.

M&A: Torys' Top Trends for 2011

Torys LLP presents its annual forecast of M&A trends

Torys LLP released its annual Top Trends in M&A. Torys, which is ranked among the top law firms internationally to advise on M&A transactions, reports that global concern about unbridled foreign acquisition and the growing tension between boards of target companies and their shareholders will be among the issues that dominate the M&A market in 2011.

"The year 2010 saw a resurgence in mergers and acquisitions activity, both in North America and internationally," says Matt Cockburn, co-leader of Torys’ M&A Practice Group and narrator of the report’s overview video. "But accompanying this increase in activity were rising concerns – some old, some new – about the way M&A deals are done: What are the appropriate limits (if any) on foreign investment? Who should ultimately decide whether to sell a company or allow it to be transformed? And if shareholders decide, how do you know that their votes are cast and captured correctly?"

To answer these questions, Torys lawyers identified the five major trends they believe will shape the M&A landscape in 2011:

  •     Politics may matter when foreign investors target Canadian companies.
  •     Alternative transaction structures will continue to be popular for sovereign wealth funds and other investors from emerging markets.
  •     Shareholders will decide the fate of a company.
  •     Target boards will consider more aggressive defensive tactics when facing a hostile bid.
  •     Shareholder voting processes will face increasing scrutiny.

Torys’ Top Trends in M&A is an annual publication in which the firm’s M&A lawyers outline the trends that they believe will have the most influence on M&A transactions for the upcoming year. The 2011 edition can be viewed at

About Torys LLP

Torys LLP is an international business law firm with offices in Toronto and New York. The firm’s reputation for quality, creativity and teamwork has made it a trusted legal adviser in complex transactions and major disputes on both sides of the border and internationally.

In addition to mergers and acquisitions, the firm offers services in corporate and capital markets; litigation and dispute resolution; restructuring and insolvency; taxation; competition and antitrust; environmental, health and safety; debt finance and lending; project development and finance; managed assets; private equity and venture capital; financial institutions; pension and employment; intellectual property; technology, media and telecom; life sciences; real estate; infrastructure and energy; climate change and emissions trading; and personal client services.

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Stuart Wood
Chief Marketing Officer, Torys LLP


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Stuart Wood
Torys LLP
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