Search results for

The Pünder group, a cooperation of European law firms, will be dissolved on December 31 1998. The remaining firms in the group had hoped to merge but they could not agree on the pace of integration. The group was hit earlier this year by the loss of Switzerland's Stoffel & Partner and Coppens Van Ommeslaghe & Faurès of Belgium, which also cited disagreements over integration between the firms. The remaining group comprises German firm Pünder Volhard Weber & Axster, Austrian firm Cerha Hempel & Spiegelfeld and French firm De Pardieu Brocas Maffei & Associés. At the end of the year these firms will continue to work together on a case-by-case basis but will no longer have a formal alliance. Peter Nägele, partner at Pünder Volhard, says: "All the firms agreed that alliances are no longer useful but our firm wanted to move ahead more quickly. We decided that it is better to dissolve the group and be free to pursue other options."

Dutch employment services company, Randstadt, is acquiring Strategix from its Florida competitor Accustaff. The deal, valued at $850 million, will increase the temporary staffing business of Ranstadt's operations in the US. Ranstadt is being advised from New York by Davis Polk & Wardwell. The team of lawyers is headed by partners David Ferguson (tax), Michael Mollerus (tax) and Gail Flesher (environmental).

Geoffrey Yeowart of Lovell White Durrant, London, updates the answers given in our December 1997 issue to the most frequently asked legal questions

In connection with the financial and political crises that swept Russia in August and September, the Russian government has adopted certain extraordinary measures, including the restructuring of the state's obligations under widely-held debt securities, and a moratorium on repayment of certain other hard currency debts. Creditor losses as a result of these measures are potentially enormous; by some estimates, in the hundreds of billions of dollars. Among other effects, the new measures have precipitated the effective collapse of the Russian banking system. From a legal perspective, the imposition of the measures has raised a host of issues, including the effective remedies available to bond creditors and the status of private debtor obligations in view of the moratorium.

Delegates at the IBA's Vancouver conference heard how the introduction of the euro will lead to a vast unified European capital market, with the ability to rival the US and Japan. But, says Charles Proctor, a capital markets partner at UK firm Norton Rose, the creation of a European Securities Commission is necessary if the euro market is to become internationally credible. Proctor, speaking at the session Securities - related problems of the Euro, explained how the European Central Bank will have no specific powers over the securities markets. A European Securities Commission would unify the rules applicable to the public debt/equity markets across all member states, not solely the euro-zone. This would enhance the credibility of the euro and of the European financial markets and encourage free movement of capital across the EU.

The International Bar Association's Council has passed a resolution on multidisciplinary practices (MDPs), its first acknowledgment that the joining of legal and accountancy practices is inevitable. The resolution calls on national regulators, including authorities which promote trade in services, to establish rules on MDPs to protect both practitioners and clients. Such rules should include measures to protect lawyers' independence and to prevent MDPs from representing conflicting interests. Client privilege and confidentiality should also be safeguarded.

The recent US$200 million international placement of 10-year subordinated notes by Komercni Banka, the Czech Republic's largest commercial bank, was in many respects a watershed. The transaction constituted the first international offering by a bank in central and eastern Europe of subordinated debt that qualifies for inclusion in the bank's regulatory capital base. At a time when Komercni Banka, like most other Czech banks, was required to increase its provisions for classified loans, the issue of the notes enabled the bank to shore up its balance sheet and maintain an acceptable risk capital ratio without issuing new equity. From a legal perspective, the transaction presented a number of novel issues requiring innovative solutions. One of the most vexing challenges was structuring a subordination clause that satisfied both the international marketplace and Czech regulators, because neither existing banking regulations nor the Czech Bankruptcy Act recognized a concept of subordination consistent with international practice and standards. This article examines how the lawyers on the transaction managed to fit a square peg into a round hole to accomplish this feat.

Spanish law firm Cuatrecasas has acquired Alicante law firm Dura and plans further mergers with firms in Glaizia, Majorca and Portugal. It is expanding its activities in an attempt to become the prominent law firm in the Iberian peninsula. Dura is a small firm specializing in commercial law and tax law and has special links with the European trade mark office in Alicante. Enric Picañol, head of international operations at Cuatrecasas in Barcelona, says: "We have clients in the major cities and now we want to go to the smaller places. We want to provide our clients with local advice but give them a full range of services."Cuatrecasas already has offices in Madrid, Barcelona, Bilbao and Valencia.

Following pressure from the opposition party, the Japanese Prime Minister has decided to withdraw legislation to rehabilitate the financial sector. The government was planning to use taxpayers' money to help bail out Japan's ailing banks but Minshuto, the Democratic Party of Japan, has proposed a rescue plan which will address the problems by allowing market forces to prevail. Naoto Kan, the leader of Minshuto, proposes that the Long-Term Credit Bank (LTCB) be nationalized and no longer entitled to receive public money from a fund which was set up in February following the enactment of a new law to provide financial assistance to banks. Kan also proposes that an independent body be created to deal with failed financial institutions. The creation of this body, under Article three of the National Government Law, will result in a separation of budgetary and financial administration in the Ministry of Finance. However, this move is criticized by lawyers for its lack of long-term vision. Andrew Castle, banking partner at Allen & Overy in Tokyo, says: "These proposals do not provide an answer to the problems. Nationalizing the bank does not really mean anything in itself. The question they must address is whether they will find resources to keep LTCB in business or wind it up."

Two of Norway's big four law firms have scooped this year's largest restructuring of the country's banking sector. There is nothing unusual in that, except that there are not two, but three merging entities – Christiania Bank, the country's second largest lender, rival Fokus Bank and state-controlled Postbanken. The merger will create Norway's biggest financial services group, valued at NKr28 billion (US$3.6 billion). Wikborg Rein & Co is advising Christiania Bank with M&A partner Arne Didrik Kjornaes leading the team. Bugge Arentz-Hansen & Rasmussen (BAHR) accepted the delicate task of representing both Fokus and Postbanken.