Herbert I. Ono 

Co-Chair, Japan Practice Group, US Securities
Vancouver  t: 604.691.7493  |  e: herbert.ono@mcmillan.ca

Herbert I. Ono

Vancouver
Royal Centre, Suite 1500
1055 West Georgia Street, PO Box 11117
Vancouver, British Columbia V6E 4N7

t: 604.691.7493
e: herbert.ono@mcmillan.ca

overview

As a U.S. qualified partner with the firm's Corporate Finance/Securities Law Group, Herb has a varied cross-border corporate finance and securities practice. He routinely assists clients in negotiating and implementing mergers and acquisitions, corporate spin-offs, and public and private financing transactions. His experience includes advising publicly-traded clients on corporate governance, Sarbanes-Oxley Act compliance, Canadian and U.S. securities filings, and stock exchange listings.

Prior to joining the firm, Herb spent two years with a Tokyo law firm now known as Nagashima, Ohno and Tsunematsu, where, as a foreign lawyer on secondment from the Toronto office of a national law firm, he was engaged in international commercial transactions, including joint ventures between U.S. and Japanese parties.

Representative Matters

Herb's experience includes acting as U.S. counsel on registered business combination transactions and public offerings under the Securities Act of 1933 (including cross-border Multi-Jurisdictional Disclosure System offerings registered with the SEC on Form F-10), unregistered private placement offerings effected in reliance on Rules 144A and 506 under the Securities Act of 1933, continuous disclosure filings under the Securities Exchange Act of 1934, and U.S. stock exchange listings.

Some examples of his representative work include:

  • Acted as U.S. securities counsel in the listing of Tahoe Resources Inc. on NYSE.
  • Acted as U.S. securities counsel in the listing of Primero Mining Corp. on NYSE.
  • Acted as U.S. securities counsel to Tahoe Resources Inc. in connection with its $1.1 billion acquisition of Rio Alto Mining Limited and its $894 million acquisition of Lake Shore Gold Corp.
  • Acted as U.S. securities counsel to Detour Gold Corporation in a US$500 million cross-border convertible note financing.
  • Acted as U.S. securities counsel to Semafo Inc. in a $100 million cross-border equity financing.
  • Acted as U.S. securities counsel to Tahoe Resources Inc. in a US$55 million cross-border equity financing.
  • Acted as U.S. securities counsel to Bear Creek Mining Corporation in a $29.9 million cross-border equity financing.
  • Acted as U.S. securities counsel to Nautilus Minerals Inc. in a $103 million cross-border rights offering that was registered with the U.S. Securities and Exchange Commission on Form F-7.
  • Acted as U.S. securities counsel to Northern Dynasty Minerals Ltd. $17.1 shelf offering take down that was qualified by a Canadian short form prospectus and registered with the U.S. Securities and Exchange Commission on Form F-3.

Presentations

Selected U.S. Securities Law Issues
CBA Skilled Lawyer Series III - Corporate Stream
Optimizing New Developments on Offerings in Canada-U.S. Cross Border Transactions
TSX 2008 US Campaign - Going Public Workshops
TSX 2008 US Campaign - Going Public Workshops
IR Compliance Seminar: The Do's and Don'ts of Cross-Border Investor Relations
Pipes and SOX: An Overview of Selected U.S. Securities Law and Practice Topics

Publications

Certain U.S. Securities Law Changes Under the Dodd-Frank Reform Act
SEC Votes to Adopt Three New Rules to Streamline the Regulation of Smaller Companies
Lock-Up Agreements - Registration Issues Under the Securities Act of 1933

News

McMillan Receives an Impact Deal of the Year Award at the ITR Americas Tax Awards
McMillan Highlighted in both Lexpert's Top 10 Deals and Top 10 Business Decisions
McMillan granted DAD and PAL Advisor status by OTC Markets Group
Lexpert profiles McMillan lawyer and transactions in ROB special report
Richfield Ventures acquired by New Gold for $550 Million

Education

  • London School of Economics, LLM - 1987
  • University of British Columbia, LLB - 1986
  • Simon Fraser University, BA - 1983

Year Of Call

  • Called to the California bar - 1999
  • Called to the British Columbia bar - 1994
  • Called to the Ontario bar - 1990

Practices

corporate finance
US securities
stock exchange listings
corporate governance
cryptocurrency and blockchain
IPOs and alternative IPOs
public disclosures
Japan
takeover bids

Industries

mining

Directorships and Professional Associations

  • American Bar Association
  • Inter Pacific Bar Association

Community Involvement

  • Nikkei National Museum and Cultural Centre
    Director: Since 2018
    President: Since 2019
  • North Vancouver Minor Hockey Association
    Coach / Assistant Coach: 2008-9, 2009-10, 2010-11, 2012-13
  • Hollyburn Minor Hockey Association
    Coach: 2016-17
    Assistant Coach: 2013-14; 2015-16
vcard

As a U.S. qualified partner with the firm's Corporate Finance/Securities Law Group, Herb has a varied cross-border corporate finance and securities practice. He routinely assists clients in negotiating and implementing mergers and acquisitions, corporate spin-offs, and public and private financing transactions. His experience includes advising publicly-traded clients on corporate governance, Sarbanes-Oxley Act compliance, Canadian and U.S. securities filings, and stock exchange listings.

Prior to joining the firm, Herb spent two years with a Tokyo law firm now known as Nagashima, Ohno and Tsunematsu, where, as a foreign lawyer on secondment from the Toronto office of a national law firm, he was engaged in international commercial transactions, including joint ventures between U.S. and Japanese parties.

Herb's experience includes acting as U.S. counsel on registered business combination transactions and public offerings under the Securities Act of 1933 (including cross-border Multi-Jurisdictional Disclosure System offerings registered with the SEC on Form F-10), unregistered private placement offerings effected in reliance on Rules 144A and 506 under the Securities Act of 1933, continuous disclosure filings under the Securities Exchange Act of 1934, and U.S. stock exchange listings.

Some examples of his representative work include:

  • Acted as U.S. securities counsel in the listing of Tahoe Resources Inc. on NYSE.
  • Acted as U.S. securities counsel in the listing of Primero Mining Corp. on NYSE.
  • Acted as U.S. securities counsel to Tahoe Resources Inc. in connection with its $1.1 billion acquisition of Rio Alto Mining Limited and its $894 million acquisition of Lake Shore Gold Corp.
  • Acted as U.S. securities counsel to Detour Gold Corporation in a US$500 million cross-border convertible note financing.
  • Acted as U.S. securities counsel to Semafo Inc. in a $100 million cross-border equity financing.
  • Acted as U.S. securities counsel to Tahoe Resources Inc. in a US$55 million cross-border equity financing.
  • Acted as U.S. securities counsel to Bear Creek Mining Corporation in a $29.9 million cross-border equity financing.
  • Acted as U.S. securities counsel to Nautilus Minerals Inc. in a $103 million cross-border rights offering that was registered with the U.S. Securities and Exchange Commission on Form F-7.
  • Acted as U.S. securities counsel to Northern Dynasty Minerals Ltd. $17.1 shelf offering take down that was qualified by a Canadian short form prospectus and registered with the U.S. Securities and Exchange Commission on Form F-3.
November 2007
SEC Votes to Adopt Three New Rules to Streamline the Regulation of Smaller Companies
Co-authored: Herbert Ono and Karim Lalani
Lang Michener Securities Alert
Fall 2006
Lock-Up Agreements - Registration Issues Under the Securities Act of 1933
Lang Michener Mergers & Acquisitions Brief
June 2016
Selected U.S. Securities Law Issues
Vancouver, British Columbia
May 2013
CBA Skilled Lawyer Series III - Corporate Stream
Panelist, Cross-Border Deals (Mergers and Acquisitions)
October 2012
Optimizing New Developments on Offerings in Canada-U.S. Cross Border Transactions
Panelist, The Canadian Institute's 22nd Annual Securities Regulation & Compliance Conference
2008
TSX 2008 US Campaign - Going Public Workshops
Panelist, Denver, April 2008, Houston, May 2008, San Diego, October 2008
2008
TSX 2008 US Campaign - Going Public Workshops
Denver, April 2008, Houston, May 2008, San Diego, October 2008
October 2006
IR Compliance Seminar: The Do's and Don'ts of Cross-Border Investor Relations
Canadian Listed Company Association
August 2005
Pipes and SOX: An Overview of Selected U.S. Securities Law and Practice Topics
Canadian Corporate Counsel Association Conference