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  • Dealing with bad debts in emerging markets is often a difficult and worrying experience. Local legislative frameworks and business practices can be bewildering and unfriendly to outside creditors. Steven Kargman* offers advice on some of the key challenges they may face
  • Six law firms last month advised on the completion of the largest revenue bond deal in US history. The transaction, on behalf of California's Department of Water Resources (DWR), raised $11.3 billion in power supply revenue bonds as part of the state's attempt to finance its way out of last year's energy crisis. The deal closed on November 14.
  • Shareholder rights plans or poison pills are a common Canadian takeover bid defence strategy. Used properly, these plans buy target boards time to assess an unsolicited bid and, if necessary, seek alternatives beneficial to its shareholders. Used improperly, they can block a takeover bid and impede a shareholder's right to choose whether to sell its shares and to whom.
  • A senior SEC official has again indicated that foreign issuers will not win exemptions from the Sarbanes-Oxley Act,calling local law differences "details".
  • As the EU published a revolutionary proposal to create a single market for investment firms on November 18, the European Commission came under attack from industry lobbyists and lawyers. Michael Evans reports on the last-minute changes to the plans thrashed out behind closed doors
  • Keeping Sarbanes-Oxley in perspective reveals that the new requirements should not discourage smaller non-US companies from listing in New York. Robert DeLaMater, Michael DeSombre and Melissa You of Sullivan & Cromwell argue that some Asian stock exchanges impose restrictions that create more practical burdens than those threatened by the new US legislation
  • Herbert Smith advises insurer on rights issue and restructuring
  • The Italian government's plans for civil code reform affecting businesses are likely to be pushed back, allowing the securitization industry more time to lobby officials on changes enabling a form of whole business securitization to take place.
  • Regulators in emerging markets still lack the resources and expertise to enforce best corporate governance practices. Private dispute resolution may provide the solution for minority shareholders. By Andrew Crooke