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• M&A Trends of 2005: Tory's Top 10 List ( February 2006 )
  Philip J. Brown, Sharon C. Geraghty and Krista F. Hill of Torys LLP

  Mergers and acquisitions are back! If 2005’s strong resurgence of M&A activity in Canada continues, 2006 M&A activity is likely to be brisk. This is our top 10 list of the trends that emerged last year.

• Pathology of Section 363 Sales (Not as Simple as They Look) ( October 2004 )
  Daniel M. Glosband of Goodwin Procter LLP

  Section 363 sales have shouldered past competing methods for the disposition of financially distressed businesses. Traditional stock or asset acquisitions, secured party sales, sales by assignees for the benefit of creditors and bankruptcy trustees and sales under chapter 11 plans of reorganization have taken a back seat to sales by chapter 11 debtors under Section 363 of the United States Bankruptcy Code ("Section 363"). Recent transactions exemplify Section 363 deals by private equity funds acting directly or as sponsors of strategic portfolio companies. The term "363 sale" has thus entered the M&A vernacular robed in its virtues but concealing its difficulties.

• Letters of Intent: Beware of the Unintended ( December 2001 )
  David S. Lu of Arter & Hadden LLP

  A letter of intent ("LOI") can serve a variety of purposes in any business transaction. However, LOI's can contain pitfalls for the unwary. Too often business people enter into LOI's with the attitude that they are not binding. Before signing an LOI in your haste to "lock in" a deal, beware of all consequences—legal and practical.