Case Studies | Glaivorn Exen Realm Legal Services

Mergers & Acquisitions

The $340M Tech Acquisition That Almost Wasn't

A Canadian AI startup caught the eye of a German conglomerate, but nobody anticipated the regulatory nightmare waiting on the other side. Three jurisdictions, conflicting antitrust laws, and a ticking deadline that would've killed the deal.

What We Did

Look, cross-border M&A is never simple, but this one was particularly gnarly. We coordinated with regulators in Canada, Germany, and the EU simultaneously - something that sounds easier than it is when each one wants different documentation in different formats by yesterday. Our team basically lived in three time zones for four months straight.

The breakthrough came when we proposed a phased acquisition structure that satisfied everyone's concerns about market dominance without torpedoing the deal's economics. It took some creative structuring and a lot of late-night calls with counterparts in Frankfurt and Brussels, but we got there.

Timeline

4.5 months from LOI to close

Value

$340M transaction

"We'd nearly given up when our previous counsel said it couldn't be done in our timeframe. Glaivorn Exen's team found a path forward that everyone could live with."

- CEO, Acquired Company

International Trade

Salvaging a $50M Supply Chain When USMCA Rules Changed

A manufacturing client woke up one morning to find their entire North American supply chain potentially non-compliant with updated USMCA regulations. The penalties would've been catastrophic - we're talking potential duties that'd wipe out two years of margins.

We didn't have the luxury of time to redesign everything from scratch. Instead, we conducted a rapid audit of their operations across Mexico, the US, and Canada, identified which components could be re-sourced, and which processes could be restructured to meet the new origin requirements.

6 weeks to full compliance Zero production downtime

Cross-Border Litigation

The Joint Venture That Turned Into a Three-Year Battle

A Canadian energy company and their Brazilian partner had a falling out that escalated into parallel lawsuits in both countries. Each side had judgments in their favor in their home jurisdiction, creating a legal deadlock that froze a $200M project.

International arbitration was the only way out, but getting both parties to the table took some serious diplomacy. We built a case that emphasized the mutual destruction both sides faced if they kept fighting, then negotiated a settlement that actually got the project back on track - which, let's be honest, is what both sides wanted all along.

Negotiated settlement Project resumed within 60 days

IP Protection

Protecting Biotech IP Across 12 Countries

A medical device startup had groundbreaking tech but basically zero international IP protection when they came to us. Their investors were getting cold feet, and a larger competitor was circling. They needed protection fast, but patent laws vary wildly by jurisdiction.

We filed a coordinated PCT application covering their core innovations, then worked with local counsel in key markets to navigate the specific requirements in each country. The tricky part was balancing broad protection with the narrower claims that'd actually hold up in places like China and India. Took about 18 months, but now they've got solid walls around their IP in every market that matters.

12 jurisdictions secured Follow-on funding secured

Regulatory Compliance

GDPR Meets Canadian Privacy Laws: A Fintech's Dilemma

This fintech wanted to expand into Europe but their data architecture was built for Canadian and US markets. GDPR compliance isn't just checking boxes - it requires fundamental changes to how you handle customer data, and getting it wrong means fines that can end your business.

We conducted a gap analysis that honestly wasn't pretty. But instead of just handing them a scary report, we worked with their engineering team to design a data handling system that satisfied GDPR while maintaining their service quality. Helped them navigate the certification process and trained their team so they could maintain compliance as they grow.

Full GDPR compliance achieved EU market entry successful

Corporate Restructuring

Unwinding a Failed International Merger Without Destroying Value

Sometimes deals fall apart, and when they do, everyone loses - unless you've got a good exit strategy. This client merged with an Asian distributor that looked perfect on paper but turned into a cultural and operational mismatch within months.

The Challenge

Both companies were bleeding cash trying to integrate operations that just weren't compatible. But they couldn't simply undo the merger without triggering massive tax consequences and potentially violating agreements with other stakeholders. Plus, there were employees, customers, and suppliers caught in the middle.

We structured a separation that preserved the valuable parts of what they'd built together - mainly the distribution channels and some key partnerships - while cleanly dividing the operations that didn't make sense to combine. It involved creating a new joint venture for the shared assets and negotiating buyouts for the rest.

Separation Timeline

7 months from decision to independence

Outcome

Both entities now profitable

"They helped us admit failure gracefully and turn it into something productive. That's worth more than winning sometimes."

- Board Chair, Canadian Company

Trade Dispute

Fighting Unfair Anti-Dumping Duties

A Canadian manufacturer got hit with anti-dumping duties in the US that were based on seriously flawed calculations. The duties were high enough to basically shut them out of their largest market. The US Commerce Department isn't known for reversing these decisions easily.

We challenged the methodology they used and brought in economic experts to demonstrate the actual market conditions. Filed administrative appeals, then when that didn't work, took it to the Court of International Trade. It was a long slog - these cases don't move fast - but we eventually got the duties reduced by 70%, which made all the difference.

70% reduction in duties Market access restored

Investment Structuring

Structuring Cross-Border VC Investment for Tax Efficiency

A US venture fund wanted to lead a Series B round for a promising Canadian tech company, but the straightforward approach would've created a tax mess for everyone involved. Both sides would've lost a chunk of value to withholding taxes and other complications.

We designed a holding structure that used the Canada-US tax treaty to minimize friction, protected the investors' interests, and kept things simple enough that it wouldn't spook future investors. The structure's become a bit of a template we've used for other cross-border deals since.

$45M round closed efficiently Significant tax savings both sides

Contract Dispute

When Force Majeure Clauses Actually Matter

COVID showed everyone why force majeure clauses aren't just boilerplate. This client had a massive supply contract with a European manufacturer who wanted to invoke force majeure to walk away from pricing they'd agreed to before the pandemic. Millions of dollars hung in the balance.

The clause's wording mattered a lot here. We argued that while COVID was unprecedented, the specific problems the manufacturer faced didn't actually meet the contract's definition of force majeure. After tense negotiations and the credible threat of arbitration, we reached a compromise that adjusted pricing somewhat but kept the relationship intact.

Contract preserved with modifications Relationship maintained

Export Controls

Navigating Export Controls for Dual-Use Technology

A quantum computing startup had tech that could be used for legitimate commercial purposes or... other things. Export controls for dual-use technology are no joke - violate them and you're looking at criminal penalties, not just fines. But they needed to work with partners in multiple countries to develop their product.

We obtained the necessary export licenses from both Canadian and US authorities (they were working with US research institutions), implemented compliance protocols, and trained their team on what they could and couldn't share. It's ongoing work - every new partnership or employee requires a review - but it lets them operate globally without constantly worrying about federal agents showing up.

Full export compliance program International partnerships enabled

Real Results, Real Stories