Martin
Kovnats
Partner
Martin is a member of the firm's Mergers & Acquisitions/Private Equity Group; Co-chair of the firm's International Group; and a member of the firm's Capital Markets, Corporate/Commercial, Mining and Telecommunications Groups. He has specialized expertise in advising food and cannabis companies on cross-border transactions.
He practises primarily in the areas of merger and acquisition activities, capital markets matters such as takeover bids, public and private debt and equity financings, and other corporate commercial matters. He has extensive experience in cross-border and multinational matters abroad (principally in the US and the UK), advising clients (buyers, sellers, financiers and advisers) on various mergers and acquisitions, corporate finance and corporate governance matters. Martin has extensive experience in advising participants in mid-market activities as well as mines and mineral finance and acquisition. He frequently advises international clients on doing business in Canada.
Martin has lectured at a number of professional seminars and is frequently interviewed by leading industry publications on mergers, acquisitions, securities, corporate commercial law and cross-border issues. He has also written articles on acquisitions, equity investments and securities laws. Martin is a past member of the Securities Advisory Committee, a committee appointed by the Ontario Securities Commission to advise on policy and regulation.
Professional Involvement
Professional Activities
- Member of the following International Bar Association Committees: North American Regional Forum (Ethical and Professional Issues Officer); Professional Ethics Committee (former Chair); Closely Held and Growing Business Enterprises; Corporate and M&A Law; Securities Law Committee; Mining Law Committee and the Alternative Business Structures Committee.
- Member of the Editorial Board, The Canadian Institute Mergers & Acquisitions Journal
- Member of the Market Trends Subcommittee, Mergers & Acquisitions Committee, American Bar Association
Memberships
- International Bar Association
- American Bar Association
- Securities Advisory Committee, Past Member
Participated in a panel discussion on “How the World is Changing - Foreign Direct Investment in the Americas,” IBA Virtually Together 2020, November 11, 2020.
Participated as a session chair on the topic of "The Practice of Law in the ‘Gig’ Economy: The “Uberisation” of Legal Services and What it Means for Lawyers, Law Firms and the Regulation of the Profession," at the IBA 2020 – Virtually Together Conference - November 4, 2020.
Participated as a chair during the networking session at the International Bar Association's Private Equity Transactions Symposium – October 7, 2020.
Presented on the topic of “Avoidance of Conflicts of Interest," for the Ghana Institute of Management & Public Administration Webinar – September 16, 2020.
Presented on the topic of “Law Firm Management and Ethical Considerations,” for the International Bar Association Professional Ethics Committee Webinar – May 12, 2020.
Participated as a session co-chair on the topic of “BIC Showcase: Collapse of the Middle - the Different Impacts of Modern Populism in and Within Bars and the Legal Profession,” at the International Bar Association's Annual Conference – Seoul, September 25, 2019.
Presented to CIBC on "Cross-Border and Other Issues in Canada’s Cannabis Sector" –July 10, 2019.
Presented on the topic of "Conflicts of interest in the private equity industry: a critical ethical issue for lawyers," at the International Bar Association's Private Equity Transactions Symposium 2018 – London, November 15, 2018.
Participated as a session co-chair on the topic of "Referral fees from across the globe," at the International Bar Association's Annual Conference – Rome, October 8, 2018.
Participated as a session chair on the topic of "Departures from and lateral hires into law firms," at the International Bar Association's Annual Conference – Sydney, October 11, 2017.
Participated as a session co-chair on the topic of "Departures from and lateral hires into law firms," at the International Bar Association's Annual Conference – Washington, September 22, 2016.
Participated as a session co-chair on the topic of "Revolving door conflicts - the movement of lawyers or groups of lawyers between firms," at the Biennial IBA Latin American Regional Forum Conference - March 11, 2016.
Presented to Grant Thornton on "Tax and Corporate Issues on Canada-U.S. M&A" - November 2015.
Participated in cross-border tax and M&A matters in Toronto and New York with Jones Day in Q2 2015.
Presented twice on October 8, 2015 in Vienna at the IBA. As part of the Closely Held and Growing Business Enterprises Committee, co-chaired panel on “Managing Change in the Family Owned Business: The Use of Family Councils and Their Effect.” Also co-chaired panel on “Martial Arts Ethics: The Offensive Use of the Rules of Professional Conduct” as part of the Professional Ethics Committee.
Organized and participated in video conferences about trends in North American Capital markets with U.S. law firms such as Skadden, Arps, Slate, Meagher & Flom LLP; Morrison & Foerster LLP; Kirkland & Ellis LLP; Jones Day LLP; Bryan Cave LLP; and Paul, Weiss, Rifkind, Wharton & Garrison LLP.
Presented to Collins Barrow on "Tax and Corporate Issues on Canada-U.S. M&A" - June 15, 2015.
Presented to BDO on "Tax and Corporate Issues on Canada-U.S. M&A" - May 19, 2015.
Presented to EY on "Tax and Corporate Issues on Canada-U.S. M&A" - April 28, 2015.
Delivered a lunch and learn presentation to EY regarding private mid-market M&A - January 2015.
Participated in a panel on “Current Issues Relating to Mid-Market M&A and Succession in Canada” sponsored by a Big 4 accounting firm - Toronto, June 25, 2014 (webcast) and November 5, 2014 (in-person presentation).
Participated as a co-chair and convenor of a four-committee panel on "Eat, Pray, Represent Me: Are You My Client and Do I Owe You a Duty?" at the International Bar Association's annual conference - October 22, 2014.
Participated in a Corporate M&A Law Committee panel on “The Growing Importance of Corporate Immigration and International Employment Law in Transactions: Getting it Right When Moving Personnel Between Entities, in-country or Across Borders” at the International Bar Association’s annual conference - October 10, 2013.
Participated in a Corporate Law Section panel on “Closely Held and Growing Business Enterprises Committee – Private Company Financing: Top Issues for the Entrepreneur's Negotiation with a Private Equity Sector” at the International Bar Association’s annual conference - October 7, 2013.
Participated in a Corporate Law Section panel on “Closely Held and Growing Business Enterprises Committee – Breaking up is hard to do: the private entrepreneur in their mid-life crisis” at the International Bar Association’s annual conference - Ireland, September 30, 2012.
Participated in an Intellectual Property, Communications and Technology Section on “The ‘Double Irish’ and its progeny – IP and technology holding companies” at the International Bar Association’s annual conference - Ireland, September 30, 2012.
Participated in a Corporate Law Section panel on “Closely Held and Growing Business Enterprises Committee – Fund Raising for Family and Private Businesses in the Middle East” at the International Bar Association’s annual conference - Dubai, October 30, 2011.
Participated in a Corporate Law Section panel on “Closely Held and Growing Business Enterprises Committee - Corporate Governance in Family-Owned Enterprises – Creating Tomorrow’s Enterprises from Today’s Prevention and Planning” at the International Bar Association's annual conference - Vancouver, October 6, 2010.
Participated with Jeffrey Merk in a conference focusing on Mergers & Acquisitions for the Mining Industry entitled "Utilizing New and Existing Legislation to Your Advantage When Structuring an M&A Deal" - Toronto, December 1, 2008.
Participated in a conference focusing on Forming and Investing in Private Equity Funds on a panel on "Negotiating LP Agreements: Avoiding Disasters with Win-Win Partnerships" - Toronto, June 15, 2007.
Participated with Jeffrey Merk in the 8th annual Due Diligence Conference entitled "Due Diligence for Directors" - Toronto, January 18, 2007.
Participated in a panel on "Forming International Joint Ventures" with speakers from New York, Chile, Hong Kong, Madrid and Mexico City at the International Bar Association's annual conference - Chicago, September 2006.
Participated in the 6th Annual Securities Compliance Conference entitled "Best Practices in Continuous Disclosure" - Toronto, September 2005.
Participated in the American Bar Association conference entitled "Controlled Auctions: Practitioners' Experiences" - Nashville, April 2005.
Participated in the 8th Annual Due Diligence conference entitled "Integrating the Legal and Business Side of Due Diligence" - Toronto, February 2005.
Participated in the Mergers & Acquisitions Conference entitled "Anatomy of an M&A Deal" - Toronto, April 2004.
Participated in the 4th Annual Securities Compliance Conference - Toronto, September 2003.
Participated in a seminar offered by Orenda Corporate Finance Ltd. entitled "What to Sell – Assets or Shares?".
Has lectured at a number of professional seminars on securities, commercial law and cross-border issues.
Co-author, “When fairness matters, more disclosure is key,” Financier Worldwide Magazine, Special Report: Mergers & Acquisitions, June 2019.
Author, “M&A and Cannabis-Related Matters,” Cannabis Law Update, May 16, 2019.
Co-author, "Canadian Chapter," Securities Finance, published by Getting the Deal Through, 2016, 2017 and 2018.
Coordinator and editor, "The marketing and advertising of legal services," Business Development: A Practical Handbook for Lawyers, published by Globe Law and Business Ltd. for the International Bar Association, 2016.
Co-author, "Canadian Public Target Mergers & Acquisitions Deal Points Study (For Transactions Announced in 2013 & 2014)," published by the Market Trends Subcommittee of the Mergers & Acquisitions Committee of the American Bar Association's Business Law Section, 2015.
Co-author, "Proposal for Bringing ULCs to Ontario," Corporate Financing, Volume XX, No. 2, 2015.
Co-author, "Alternative business structures – primer for future discussion,” Professional Ethics and Multidisciplinary Practices joint committee newsletter – Newsletter of the International Bar Association Public and Professional Interest Division, September 2015.
Co-author, "Proposed Amendments to the Rules Regulating Take-Over Bids in Canada," Securities Law Bulletin, April 2, 2015.
Co-author, "Ontario Securities Regulation: Are Canadian Market Participants Allowed to Be "Big Boys"?" Corporate Financing, Volume XIX, No. 2, 2014.
Co-author, "2013 Canadian Public Target Mergers & Acquisitions Deal Points Study," A Project of the Mergers & Acquisitions Market Trends Subcommittee, Mergers & Acquisitions Committee of the American Bar Association's Business Law Section, 2013.
Co-author with Jack Bernstein, "Purchase and Sale of a Canadian Business," Tax Notes International.
Co-author with Bernie McGarva, Angela Swan and Jennifer A. Wainwright, "BCE Decided by Supreme Court of Canada - A Debt Really Is Just A Debt," Aird & Berlis LLP BCE Decision Newsletter.
Co-author, "International MBO: Canada," CorporateUK.
Co-author, "Integrating the Legal & Business Side of Due Diligence," 7th Annual Due Diligence Strategies for Successful Transactions Conference, Toronto.
Co-author, "The Lawyer's Role in Canadian Midmarket Mergers & Acquisitions," Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
Co-author, "Limited Liability for Unitholders of Ontario Public Income Trusts."
Co-author, "Utilizing Twenty First Century Technology to Facilitate Due Diligence in Corporate Financings," Corporate Finance, Volume XI, No. 1.
Co-author, "Utilizing Twenty First Century Technology to Facilitate Due Diligence in Friendly Mergers & Acquisitions," Mergers & Acquisitions in Canada, published by Crosbie & Company Inc.
Co-author, "Dealing with the OSC and Other Regulators: Current Priorities and Disclosure Requests," 5th Annual Securities Compliance Conference, Toronto.
Co-author, "International Due Diligence in the Stackpole Limited Acquisition: A Target's Perspective," Due Diligence Conference, Toronto.
Author, "Northern Lights" (Martin Kovnats discusses the direction of the Canadian market), Mergers & Acquisitions.
Co-author, "Understanding the Priorities of the OSC: An examination of Recent Regulatory Developments," 4th Annual Securities Compliance Conference, Toronto.
Author, "Not in Kansas Anymore" (Martin discussed Sarbanes-Oxley), Mergers & Acquisitions.
Co-author, "Continuous Disclosure: Regulatory Developments," Securities Compliance Conference.
Contributing Editor, Corporate Finance, Federated Press.
Co-author, "Control Blocks - An Overview of Securities Regulation in Canada," In Brief Magazine.
Co-author of a chapter for the book The Canadian Investment Banking Review, published by McGraw-Hill Ryerson.
Author of numerous articles on equity investments, and acquisitions and securities laws.