Alexandra Luchenko
Partner | Vancouver
Vancouver: 604-631-4166

Alexandra focuses on complex commercial and securities related matters focusing on regulatory compliance, transactional litigation and investigations and crisis management, including assisting clients experiencing a data breach or cybersecurity incident. She has significant experience working on behalf of financial institutions as well as mining, resource, health sciences and technology companies.

Alexandra has appeared before the British Columbia Supreme Court, the British Columbia Court of Appeal and the Supreme Court of Canada, as well as before a number of administrative tribunals, including the British Columbia Securities Commission, the Investment Industry Regulatory Organization of Canada and the Mutual Fund Dealers Association of Canada.

SELECT EXPERIENCE

Regulatory Compliance

Alexandra's experience in regulatory compliance includes responding to allegations of disclosure violations as well as insider trading. In addition to domestic proceedings, she regularly assists in cross-border matters including in the United States, the United Kingdom and Hong Kong. Her representative experience includes:

  • Advising on investigations by various provincial Securities Commissions, the Financial Industry Regulatory Authority and the Insurance Council of British Columbia

  • Successfully defending allegations that the Financial Institutions Commission of British Columbia acted unreasonably in approving a credit union’s application to become federally incorporated

  • Counsel before the British Columbia Court of Appeal successfully overturning a multi-million dollar disgorgement award by the British Columbia Securities Commission

  • Clarifying the obligations of B.C. Securities Commission staff in disclosing documents to a respondent in the context of an inter-jurisdictional investigation and the process to be undertaken by Commission staff in disclosing such documents

  • Defending various investment dealers and brokers in civil actions and assisting in response to regulatory investigations pertaining to client investment and compliance issues

Transactional Litigation

In the context of mergers and acquisitions, Alexandra has experience in the areas of director and officer liability, shareholders’ remedies, litigation support in respect of proxy contests, and corporate governance. Her representative experience includes:

  • Providing litigation support in respect of proxy contests on behalf of public issuers in industries such as technology, health sciences and mining

  • Representing companies and public issuers seeking court approval of plans of arrangement and corporate reorganizations

  • Addressing shareholder opposition to corporate transactions in the context of dissent proceedings, oppression and derivative actions

  • Acting as litigation counsel to potential acquirers and targets in hostile take-over bids and related shareholder rights plan hearings

Investigations and Crisis Management

Alexandra also provides crisis management services to clients involving whistleblower allegations, corruption and anti-bribery in Canada, Africa and Asia, cybersecurity, and litigation involving potentially significant reputational risk. She has experience drafting policies, conducting independent investigations on behalf of corporate clients and defending search warrants

General Civil Litigation

Alexandra also maintains a general civil litigation practice. Her representative experience includes:

  • Challenging a municipal bylaw before the Supreme Court of Canada

  • Obtaining on short notice an order for the appointment of a receiver over the opposing party’s business, pending the opposing party fulfilling their obligations to the client

  • Counsel before the British Columbia Supreme Court in a trial regarding contractual and agency disputes

  • Resisting an application by defendants in a class proceeding to join an actuarial firm to the class action

PUBLICATIONS
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Blakes Bulletin on Securities Litigation, May 17, 2018.
Blakes Bulletin on Litigation & Dispute Resolution, February 27, 2018.
Co-author: Facilitation Payments Now a Criminal Offence in Canada
ABA CJS White Collar Crime Committee Newsletter, Winter/Spring 2018.
Blakes Bulletin on Business Crimes Investigations & Compliance and Securities Litigation, May 19, 2016.
Blakes Bulletin on Business Crimes Investigations & Compliance, and Litigation & Dispute Resolution, May 4, 2016.
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