Tom Hakemi is experienced in advising individuals, private and public companies as well as professional organizations in a broad range of commercial civil litigation and regulatory proceedings often involving complex business disputes including allegations of breach of contract, fraud, defamation, anti-competitive conduct, violations of securities laws and duties owed by shareholders and partners.
Tom has advised:
- A TSX-listed mining company, its affiliated service provider and its president and CEO in the prosecution of claims for defamation against an internet publisher of defamatory statements that resulted in one of the largest awards of its kind in Canada
- The owner and operator of a British Columbia-based investment business in the aftermath of its collapse due to its investments in a Ponzi scheme in New York in relation to matters before the British Columbia Securities Commission, the U.S. Securities and Exchange Commission, the prosecution of civil claims in New York and the defence of civil claims in British Columbia
- Corporations, directors and officers, majority and minority shareholders and other interested parties in numerous actions involving derivative claims, allegations of oppressive conduct, misappropriation and fraud in contests for corporate or partnership control of businesses and other disputes between owners of businesses
- A Portuguese software development company in an arbitration before the International Court of Arbitration (International Chamber of Commerce) in New York for the prosecution of claims relating to unpaid software license fees and other breaches of contract by a Korean manufacturer of mobile phones
- A Vancouver mining company with assets in China and shares traded on the NYSE and TSX in claims related to a New York-based short-selling campaign of its publicly traded securities by individuals based in China that resulted in what was alleged to be false imprisonment and defamation in British Columbia
- A Vancouver video game development company in its contractual dispute with a New York-based business regarding the delivery of software
- A Vancouver-based investor in connection with claims for fraudulent and negligent misrepresentation in connection with investments in British Columbia and in New York for prosecution of claims, including under the Racketeer Influenced and Corrupt Organizations(RICO) Act
- A movie studio in the investigation by the Antitrust Division of the United Statement Department of Justice of its movie distribution practices; and an independent movie theater in British Columbia in competition law matters relating to the distribution and exhibition of movies in Canada
- Individuals and public and private companies in their prosecution of claims based on defamation campaigns, including campaigns engaged in anonymously and across international borders
- Defendants in defamation claims arising from election campaigns, including for members of Parliament, and the leadership contests of federal and provincial political parties
- A private telecommunications company in Vancouver in the prosecution and international enforcement of its contractual claims against a purchaser of equipment in Kuwait
- The seller of certain mining assets in British Columbia in a contractual claim against the buyer for recovery of certain funds for contingent environmental and pension liabilities
- A Vancouver private equity fund in its prosecution of claims for compensation in connection with a failed loan to a car dealership business
- Individuals and businesses under investigation for participation in price-fixing conspiracies before the Competition Bureau of Canada, including participation in its leniency program
- A real estate property developer in regulatory proceedings before the British Columbia Superintendent of Real Estate and related civil litigation
- A mutual fund dealer in an investigation and enforcement proceedings involving the Mutual Fund Dealers Association of Canada and the British Columbia Securities Commission
- Medical professionals in various proceedings before their professional colleges and brought by the British Columbia Ministry of the Attorney General
- A terminated executive and partner of a private equity fund in Vancouver in the recovery of damages for severance and a buyout of his partnership interest
- Sellers of over $100 million in commercial real estate in New York in an action against their realtor for commissions in connection with a failed transaction
- Accountants in New York in the defence of fraud and malpractice claims relating to provision of advice regarding tax shelter investments involving binary options, non-performing loan portfolios and other securities; advice regarding transfer pricing and audits including defence of a class action against auditors of a NYSE-listed telecommunications company with claimed damages in excess of $2 billion
- Businesses in British Columbia and in New York facing a broad range of competition and antitrust law matters, including responding to U.S. grand jury subpoenas in connection with criminal investigations in matters involving allegations of price fixing, filings under the U.S. Hart Scott Rodino Act, second requests in merger investigations by the U.S. Department of Justice and the U.S. Federal Trade Commission
- A New York-based insurance company in the review of its merger with another insurer by the Attorney General of the State of New York and related litigation in U.S. Federal Court against the City of New York in connection with the proposed merger
- An international management consultancy in New York on various matters, including responses to subpoenas and the prosecution of its appeals on a novel issue regarding the limitations periods for actions in contracts and torts to the New York Court of Appeal
Tom often advises clients in contests for corporate or partnership control, including in oppression actions and derivative claims. He is experienced in advising clients in investigations by regulators and enforcement agencies, such as the British Columbia Securities Commission, the Competition Bureau and the Antitrust Division of the U.S. Department of Justice, and he has appeared before arbitration tribunals such as the American Arbitration Association, Judicial Arbiter Group and the International Chamber of Commerce.
He is admitted to practise in British Columbia and in New York.
Tom formerly served as adjunct professor of law at the University of British Columbia and Co-Chair of the Civil Litigation Section of the Canadian Bar Association British Columbia Branch.