Emily Cole is an experienced litigator with specialized expertise in securities litigation and white-collar defence. She defends directors, officers, and companies in investigations and prosecutions of allegations including corruption, fraud, and insider trading. Emily represents her clients in administrative, regulatory, quasi-criminal, and criminal proceedings and related civil matters. She has an in-depth understanding of the Canadian, U.S., and international landscape of public and private enforcement of securities law including corporate governance, compliance, take-over bid litigation, and securities class actions.
Emily conducts internal investigations for companies and guides individuals and companies through domestic and multi-jurisdictional external investigations conducted under the Corruption of Foreign Public Officials Act (CFPOA), Foreign Corrupt Practices Act (FCPA) and the Mutual Legal Assistance in Criminal Matters Act (MLAT).
She is recognized for her skill and ability to respond to a crisis and manage complex and sensitive cases to minimize business disruption, mitigate risk, and avoid reputational harm.
Emily’s clients enjoy the benefit of her intimate knowledge of the inner workings of the Ontario Securities Commission (OSC) gained through her work as Senior Litigation Counsel in the Enforcement Branch of the OSC. Before she joined Miller Thomson, she led what is considered to be the most complex and lengthy insider trading and misleading corporate disclosure securities prosecution in Canadian history against John Felderhof, the former Senior Vice-President of Exploration of Bre-X Minerals Ltd.
Emily is currently counsel to the former Chairman and Chief Executive Officer of Sino-Forest Corporation in the lengthy securities fraud case before the Ontario Securities Commission and related litigation, including securities class actions and Canadian Companies’ Creditors Arrangement Act proceedings.