November 2013 | News & Events | Scarfone Hawkins LLP

Considerations in Administering Class Action Settlements

Posted by | Settlements, Uncategorized | No Comments
A presentation co-authored by David Thompson, Scarfone Hawkins LLP & Mary M. Thomson, Gowlings detailing the following:
  • Settlements in class actions versus standalone actions
  • Keeping Your eye on the Approval Hearing
  • General Factors considered by the Court
  • Information to be provided to the Court
  • Required Content in the Notice re the Approval Hearing
  • Factors Assessing Counsel Fees
  • “The Checklist”
  • Issues of Distribution – Funds, Surpluses and Cyprès Awards
View Presentation  

Escrow Closings

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I count myself lucky to be old enough to have closed real estate deals at the registry office. In many ways, life was simpler then. It was easy to tell when a deal was done and you could spend your money – the other lawyer picked up their registered deed and told you that you could spend your money. You knew in turn that they had not yet released the keys to their client by the very fact that they still had the keys. Simple. Read More

The Sale of a Business: One Giant ‘Beauty Contest’

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Beauty contests are competitions where judges scrutinize the personality, talent, appearance and logic of its contestants using a combination of rigid and subjective criteria, to determine, which entrant best exemplifies “beauty.”

While business law is not often correlated to spectacles filled with baton twirling or snippets of autobiographical monologues, there are times when a business will want to parade its attractiveness to a third party, such as a financing bank, much like a beauty contestant will want to win the favour of a panel of judges. When regarded in this manner, the business world is, in a sense, a “giant beauty contest” where players in both the private and public sectors use whatever means at their disposal (i.e. financial statements, client lists, and intellectual property) to gain advantage over competitors, only without peacocking in ostentatious evening gowns. Read More

Practical Tips for the courtroom seminar

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There are two components to advocacy: written advocacy; and the oral presentation .


Written advocacy obviously consists of preparation of any materials to be put before the Court whether in the form of pleadings, affidavits, facta, written submissions, etc.

We commend to you the texts referenced in the bibliography dealing with written advocacy. A good book on written advocacy should be on the book shelf of every courtroom lawyer. Read More

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