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Norton Rose Fulbright Canada LLP

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Biography

Andrew McCoomb practises complex commercial litigation, with a focus on shareholder and contract disputes, securities matters, antitrust litigation and intellectual property matters. Fargo driver. He regularly acts for companies in the technology, financial services and transport sectors ranging from start-ups to multinationals. Andrew is also a member of the Canadian special situations team, which encompasses Canada's leading shareholder activist practice, sophisticated securities litigation and complex reorganization transactions.

Andrew has successfully acted as lead counsel to clients in cases at all levels of court in Ontario in trials, motions, applications and on appeal, and appears regularly before the Ontario Superior Court of Justice and the Commercial List. Andrew has also appeared before the Ontario Securities Commission and British Columbia Securities Commission, and has been appointed to the OSC's Legal Assistance Program through which he provides counsel services to unrepresented respondents involved in enforcement proceedings.

While in law school, Andrew received the Robert E. Bamford Memorial Award as the graduating student who best combined academic excellence with a commitment to the law school community.

Education

J.D., Dalhousie University, 2011
B.A. (Hons.), Western University, 2008

Admissions

Representative experience

Andrew has recently acted for the following clients:

NortonLifeLock Inc. (formerly Symantec Corporation) in defending consumer protection class actions alleging vulnerabilities in antivirus software products
Maple Rock Capital Partners in successfully opposing the first-ever application seeking exemption from the minimum tender condition for take-over bids set out in National Instrument 62-104
West Face Capital in an action against Home Capital Group seeking $70 million in damages based on allegations of misrepresentation in Home Capital's disclosure
Detour Gold in connection with a proxy fight involving Paulson & Co.
SNC Lavalin in defence of a securities class action alleging misrepresentation in the secondary market
A global financial institution in defence of a class action alleging a conspiracy to fix prices in the foreign exchange market
Look Communications Inc. in successfully obtaining an award of damages at trial of more than $5 million plus costs, in addition to other relief
Agrium Inc. in its successful, high-profile defence in a proxy contest opposite JANA Partners LLC
KEYreit in its successful defence against a cease-trade application in respect of KEYreit’s shareholder rights plan brought by Huntingdon Capital Corp brought before the Ontario Securities Commission
Sharp Corporation and related companies in class actions in Canada alleging price-fixing in the LCD market

Rankings and recognitions

The Legal 500 Canada: Technology (Next Generation Partner), 2021

Publications

'Actions Speak Louder – Ontario Courts Find that Parties to 'Broker Agreement' Are in a Debtor-Creditor Relationship,' Cash Store Financial Services Inc. (Re), (co-author, with A. Merskey) 30 BFLR 609
'Settlement privilege does not protect factual information communicated in proffer stage of Competition Act investigation,' April 2015, www.nortonrosefulbright.com
'Ontario court finds discoverability rule applies to Competition Act claims,' April 30, 2015, International Law Office
'The (un)hired gun – Court of Appeal for Ontario holds that 'participant experts' not subject to requirements for expert witnesses,' April 2015, www.nortonrosefulbright.com
'US authorities help Competition Bureau to secure US-based documents,' January 22, 2015, International Law Office
'Fair enough – new Commercial List decisions reverse course on fairness opinions,' June 2014, www.nortonrosefulbright.com
'Fair enough – Commercial List reconsiders fairness opinions and the timing of plans of arrangement,' April 2014, www.nortonrosefulbright.com