United States Federal Trade Commission

The COVID-19 pandemic has impacted our lives in countless ways. For example, most of us are now working remotely for our home offices, living rooms or kitchen tables. In-person meetings have been replaced by video calls, email and texts. This is expected to continue for weeks – if not months – as governments at all levels are requesting that Canadians stay home in an attempt to “flatten the curve”.

While statistics aren’t available, it’s reasonable to assume that the number of documents being created and retained by businesses has increased since the pandemic began. In many cases, these documents are likely being drafted quickly and without regard to the tremendous impact that they could have on the business, including in the context of future antitrust investigation or proceedings. A short refresher on document creation – including the problems that bad or hot documents may create – is in order.


Continue Reading Bad Documents – So What’s the Problem?

Pre-merger exchanges of information can create competition risk. Companies considering mergers or acquisitions legitimately need access to detailed information about the other party’s business in order to negotiate the deal, engage in due diligence and implement the transaction. While non-competitively sensitive can (subject to any commercial concerns) be freely exchanged, care needs to be exercised