Overview

Megan Lem is a corporate associate in the Investment Funds Practice Group in the New York office of Kirkland & Ellis LLP. Her practice focuses on the formation, structuring and management of private equity funds and other investment vehicles.

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Thought Leadership

Publications

“We See You!” Building Magazine, August 2018 — the growth of advanced facial recognition technology and possible legislative responses thereto.

“The French Fry Story Redux,” Building Magazine, July 2018 — the Ontario Court of Appeal revisits a tenant’s right to rely on its landlord’s insurance. 

“Chaos by Design,” Building Magazine, May 2018 — traffic lawlessness in the New York City “Shared Space” project in the Flatiron Plazas neighbourhood. 

“Canada, The New Home of Cryptocurrency Mining,” Building Magazine, April 2018 — crypto-currency “mining” and the impact thereof on the industrial real estate market in Canada.

“And Then There Were Seven: The Decline of Torrens Title in the United States,” The Abstract, American College of Mortgage Attorneys (Spring, 2018 edition) — the end of Torrens title in Colorado and the declining popularity of Torrens title in the United States generally.  

“Better Call Saul,” Building Magazine, December 2017 — The Law Society of Upper Canada unleashes aggressive new advertising rules targeting real estate lawyers. 

“TSX issues final rules for corporate governance website disclosure and disclosure of security-based compensation arrangements,” Osler Update, October 2017 — the Toronto Stock Exchange’s recent amendments to its Company Manual.

“Small Slice,” Building Magazine, October 2017 — the relatively minimal impact of Ontario’s Non-Resident Speculation Tax (foreign real estate ownership tax) on overall investment.

“Tax Now, Ask Questions Later,” Building Magazine, August 2017 — the abrupt introduction of Ontario’s Non-Resident Speculation Tax (foreign real estate ownership tax).

“Non-Con in the Yukon,” The Abstract, American College of Mortgage Attorneys (Spring, 2017 edition) — emerging trends in substantive consolidation in bankruptcy in Canada. 

“Made-in-Ontario Land Transfer Tax Reforms,” Building Magazine, February 2017 — Ontario to follow British Columbia in implementing land transfer tax reform to curb foreign buyer demand.

“The New Marketability of Title Paradigm After MacDonald,” Building Magazine, January 2017 — the Supreme Court of Canada affirms that work orders from illegal renovations can be “title related” and that title insurers can be liable therefor.

“Welcome to Vancouver. Now Pay Up,” Building Magazine, August 2016 — British Columbia introduces new taxes to curb foreign ownership of residential real estate in Vancouver. 

“A Rose by Any Other Name,” Building Magazine, July 2016 — the Supreme Court of Canada upholds unique Canadian rules under the Interest Act against higher rates of interest after default.

“Cooling down Vancouver’s Red Hot Market,” The Lawyer’s Weekly (August 26, 2016 edition) — the implications of British Columbia’s decision to impose a foreign real estate ownership tax. 

“Canada, the Great White North: Land of Beavers, Blue Jays, and Now, Tort Tourism,” The Abstract, American College of Mortgage Attorneys (Spring, 2016 edition) — Ontario allows Guatemalan litigants to continue their eco-tort lawsuit against a Canadian corporate parent.

“A Tale of Two Cities: Kelo Comes to Canada,” The Abstract, American College of Mortgage Attorneys (Fall 2015 edition) — the spill-over impact into Canada of the U.S. Supreme Court’s decision in Kelo on eminent domain. 

“Canada’s Business Environment is Too Cold: Target Goes Home!” The Abstract, American College of Mortgage Attorneys (Spring, 2015 edition) — Target’s sudden strategic abandonment of the Canadian retail space after only a year.

“Nigerian Princes Beware – Canada has New Anti-spam Legislation,” The Abstract, American College of Mortgage Attorneys (Fall, 2014 edition) — Canada’s new “Anti-Spam” privacy law and its impact on American businesses emailing into Canada. 

“Crowdfunding for Real Estate Development: Is It Even Legal?” Building Magazine, February/March 2014 — the possibility of “crowdfunding” as an alternative to prospectus financing for Canadian real estate projects.

“Veni, vidi, FIFI: Crowdfunding for real estate development,” The Abstract, American College of Mortgage Attorneys (Spring, 2014 edition) — recent developments in the “crowdfunding” of Canadian real estate projects. 

“Subordination and Attornment,” H. Haber, ed. Tenant's Rights and Remedies in a Commercial Lease – A Practical Guide, (Canada Law Book) (2nd Edition, 2014) — updated chapter on tenant subordination and non-disturbance agreements.

“Killing the Golden Goose?” Building Magazine, August/September 2013 — problems with the use of extraordinary municipal development charges to fund urban growth.

“Reversing the Impact of the Reverse Mortgage,” The Abstract, American College of Mortgage Attorneys (Fall, 2013 edition) — recent federal legislative amendments allowing the Federal Housing Authority to reform reverse mortgages.  

“A Slap in the Face: Ontario's New Anti-SLAPP Legislation,” Building Magazine, June/July 2013 — Ontario's proposed legislation curbing strategic litigation against public participation, and the impact thereof on the building and construction industry.

“Piercing the Corporate Veil in Hudbay Case May Send Canadian Companies Elsewhere,” Law Times, August 5, 2013 Digital Edition — allowing foreign lawsuits to proceed against Canadian parent companies for alleged torts by their overseas subsidiaries.

 “Anti-SLAPP Bill Deserves Skeptical Eye,” Law Times, June 17, 2013 Digital and Print Edition — Ontario's proposed legislation curbing strategic litigation against public participation is premature and unnecessary in light of existing remedies.

“The Brave New World of Credit-Mill Private Schools,” April 2012, Business Ethics Case Study: Ivey Publishing — the business case for, and ethical dilemmas created by, credit-issuing private schools.  

“The Fifth Protocol: Opening the Floodgates to Cross-border Mortgage Financing?” Ivey Business Review, Volume No. 2, December 2010, Ivey Publishing — the impact of the repeal of Canadian withholding taxes on short-term cross-border mortgages from U.S. lenders.

Credentials

Admissions & Qualifications

  • 2017New York
  • 2016Ontario

Education

  • University of Western Ontario Faculty of LawJ.D.2015
  • University of Western Ontario, Ivey Business SchoolB.B.A.Honors2012