In an era of growing regulatory oversight, public scrutiny and evolving standards of expected corporate behaviour, corporate governance challenges have become increasingly difficult to navigate. Best practices are becoming the baseline expectation rather than a “gold standard.” Implementing best practices into day-to-day operations is challenging for all organizations, ranging from those in the start-up phase to the largest multi-national organizations.

Our Clients

Fasken Martineau’s interdisciplinary expertise, breadth of experience and international perspective uniquely position our Corporate Governance group to guide organizations and their boards through the intricate web of issues that continue to reshape the corporate legal landscape. We apply that same expertise, experience and perspective when advising institutional investors, entrepreneurs and others in the governance community in pursuing governance initiatives.

International Perspective

Regulatory developments in one jurisdiction often precipitate corresponding developments elsewhere. With offices across Canada and in London and Johannesburg, and benefiting from partnership agreements with law firms from various countries, we combine international reach with expertise in local laws and prevailing governance practices to provide value-added advice.Our team constantly monitors new and modified legislation and regulations, ensuring that our counsel responds to and anticipates corporate governance developments.

Interdisciplinary Expertise

Our interdisciplinary Corporate Governance group includes a number of leading experts, including many board members with significant, direct experience in key roles with regulators and governance groups. We draw upon the expertise of lawyers across all of our offices, including recognized experts in complex corporate, regulatory and shareholder litigation. We also have expertise in government relations, labour/employment, environmental, financial institutions, and international trade law. With over 700 lawyers, we have the resources and knowledge to provide the necessary guidance and tools to address the most complex of corporate governance issues.

Industry Focus

Our Corporate Governance group understands that governance challenges differ from one industry to another and from one business organization to another. We tailor our strategic advice to the specific governance needs of our clients by gaining an in-depth understanding and appreciation for the challenges faced by our clients and then leveraging the firm’s recognized expertise across a wide range of industries. As evidence of the success of our industry focus, Fasken Martineau has been consistently ranked as the world’s leading mining law firm. We are also consistently recognized as leading practitioners in a number of other industries, including communications, life sciences, transportation, energy, clean technologies and financial services.

Our Expertise

Advising boards and committees in strategic situations, including:

  • M&A mandates
  • Internal investigations
  • Related-party transactions
  • Independent board counsel

Stakeholder engagement:

  • Responding to shareholder proposals and precatory votes
  • Proxy contests
  • Developing governance initiatives

Advising on emerging or developing governance issues, including:

  • Say-on-pay and executive compensation
  • Majority voting
  • Dual-class share structures
  • Proxy access
  • Regulation of proxy advisory firms

Corporate social responsibility, including:

  • Foreign corrupt practices legislation
  • Environmental compliance
  • Human rights
  • Community engagement

Other corporate governance matters, including:

  • Strategic guidance on board composition, structure, and procedure
  • Strategic guidance in the development and implementation of governance policies and practices
  • Risk management
  • Crisis management
  • Whistle-blowing