Jean Michel Lapierre

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Le 7 juin 2013, le ministre des Finances et de l’Économie du Québec, M. Nicolas Marceau, a annoncé la création du Groupe de travail sur la protection des entreprises québécoises (le « Groupe de travail »), lequel se penchera sur les mesures à mettre en place afin de permettre aux entreprises québécoises de mieux se protéger contre des prises de contrôle non souhaitées et de favoriser le maintien des sièges sociaux implantés au Québec. Cliquez…
On June 7, 2013, Québec’s Minister of Finance and the Economy, Nicolas Marceau, announced the creation of a task force on protecting Québec businesses. This task force will weigh in on measures to be implemented in order to allow Québec businesses to better protect themselves against hostile takeovers and retain head offices in Québec. The press release (in French language only) announcing the creation of the task force can be found here. The task…
Since the Supreme Court of Canada’s 2008 decision in BCE, Canadian boards responding to a hostile bid have been faced with a conundrum.  On the one hand, Canada’s highest court has enshrined the idea that boards may consider all affected stakeholder interests, not just those of shareholders, in exercising their fiduciary duty to act in the best interests of the corporation. Theoretically, this might permit a board wide latitude in responding to a hostile suitor. …
On February 11, 2013, new amendments to National Instrument 54-101 Communications with Beneficial Owners of Securities of a Reporting Issuer and to National Instrument 51-102 Continuous Disclosure Obligations came into force, providing reporting issuers with a new notice-and-access procedure to send proxy-related materials to registered holders and beneficial owners of securities. Under notice-and-access, a reporting issuer can now deliver proxy-related materials by: posting the relevant information circular and the other proxy-related materials on a website…
1:15PM—The workshop concluded a few minutes ago.  Overall, I suspect that most people present or who listened or viewed the webcast would agree that the discussion was helpful and certainly many excellent points were brought forward to the regulators.  Particularly in the second session, the regulators asked many probing questions, a good sign of their deep interest in the topic of ACO development. As a final point, there was also a running commentary throughout the…
A tip of the hat to David Kopans, www.accountablecareforum blogger and Squire Sanders lawyer, for his post on Fierce Healthcare’s Hospital Insider titled:”Eight Things Hospital CEOs Should Know about The ACO Regulations.” David’s analysis has the #ACO Twitter community abuzz; and it’s great our bloggers are being recognized for analysis on ACO regulation impact on hospitals. Do you have questions for David? We welcome your comments.…
CMS is on the clock first, with a free webinar titled, “ACOs and Antitrust, Stark, Anti-Kickback, & Civil Monetary Penalty Law Webinar.”  Hosted by Troy Barsky, Director, Division of Technical Payment Policy at CMS and Michael Wroblewski, Performance-based Policy Payment Staff, the event is broken into two sessions this Thursday, May 5th, the first beginning at 12:30 and the second beginning at 2pm.  Each session is free and lasts one hour. Register for the first
On Friday, April 8, Peter Pavarini and I co-presented a webinar overviewing the ACO regulations from a legal perspective. We were part of a three-firm “task force” that came together to analyze the rules and provide guidance to our clients and friends. In addition to Squire Sanders, Paul Lee and others from Strategic Health Care and Tony Colorosi from Plante Moran participated in the webinar. You can download the powerpoint slides that we used in…
Does anyone else feel that the proposed waiver regulations don’t go far enough? Do you think they allow providers to engage in flexible arrangements that deliver value to the government? The key is how the government has limited the waiver proposals mostly only to the shared savings distributions. That seems too narrow, although I think there is confusion over exactly what payments are actually covered by a shared savings distribution . A Medical Director arrangement…
Several important antitrust points of interest in the hot-off-the-presses ACO regulations issued today: The Department of Justice and the Federal Trade Commission have a new challenge – figuring rules of the road as joint administrators of the ACO antitrust review process, acting through a newly formed joint working committee. The agencies will either have to work very closely together or delegate enough authority to the work group so the group can complete analysis of…