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  • On October 28, the Commission adopted a communication entitled "Financial Services: Building a Framework for Action". The aim of the communication is to give the EU financial markets the possibility to support competition and resist financial instability. The strategy put forward to achieve this aim is to establish a capital market that meets the needs of issuers and investors, abolishing the barriers to cross-border provision of financial services such as mortgage loans, insurance and retirement services, with the view to offering the consumer a larger choice, and to guarantee higher levels of protection. The EU's financial services sector already accounts for some 6% of the EU's GNP, and it offers essential financial products to both industry, notably investment capital, and individual consumers, such as mortgages, pensions and insurance. It also accounts for 2.45% of EU employment and there is considerable potential for job creation in the sector. The communication highlights four areas of the sector in which action is required:
  • The new Channel Islands Stock Exchange (CISX) has started operations. The exchange already has 23 members — most are Guernsey or Jersey-based company subsidiaries, including Kleinwort Benson (Guernsey), Deutche Morgan Grenfell (CI) and Midland Bank Fund Managers (Guernsey). The CISX admitted its first listing on October 27. Tamara Menteshvili, chief executive for the CISX, says: "There is strong interest in the exchange not only locally but internationally, from places like Hong Kong, Australia, New York and a variety of European jurisdictions." The exchange has taken 18 months to create, in a joint effort by both islands' financial services commissions.
  • Siebe and BTR are merging to create the world's largest maker of factory controls and automation equipment. UK engineering company Siebe will effectively acquire rival industrial equipment maker BTR to form a new group, valued at £9.4 billion ($14.7 billion). Linklaters & Alliance corporate partner Steven Turnbull is advising Siebe on the acquisition, with a team including partner Carlton Evans and assistants Angus Rollo, Helen Connolly and David Taylor. Morgan, Lewis & Bockius partner Izzet Sinan, based in Brussels, is advising Siebe on competition law aspects of the transaction. In the US, Fried, Frank, Harris, Shriver & Jacobson, New York, is advising on US securities law issues as well as regulatory law. Partners Sanford Krieger and Eric Queen lead the team.
  • On March 30 1998 new legislation on the protection of personal data came into force. The new statute is intended to implement the EC Data Protection Directive of October 24 1995. The Directive balances the interests of individuals with the interest of companies that use personal data in their business. The Directive is not designed to ban the collection of data but rather to control its uses.
  • Resisting the pressure to devalue the renminbi, the central bank and State Administration of Foreign Exchange have taken steps to prevent damage to China’s foreign exchange system. By Thomas E Jones of Freshfields, Hong Kong
  • Simon Gleeson, head of Richards Butler's financial services unit, is joining Allen & Overy on November 23. He will assist the firm in the development of its financial services group, providing advice on regulatory matters. The firm plans to create a group providing advice on UK regulations in financial services. The group will be built on the back of its banking practice, and, says Allen & Overy, will take a proactive role in the market. Gleeson says: "Regulatory advisers can be swamped with referral work by other parts of the firm. We want to go out in the market and build up direct relations with clients, providing them with a service which they don't get from the corporate guy."
  • US firms Skadden, Arps, Slate, Meagher & Flom, Cravath, Swaine & Moore, and Baker & Botts advised on international energy company Conoco's initial public offering, valued at about $4.2 billion. The offering consisted of Class A common stock of Conoco. 191,456,427 shares were offered at $23 a share. 172,456,427 of the shares were offered initially in the US and Canada. The Houston office of Baker & Botts and the New York office of Skadden, Arps, Slate, Meagher & Flom advised Conoco. The Baker & Botts team was led by corporate partners Walter Smith, Michael Watson, David Kirkland Jr, and partners James Raborn (employee benefits) and William Griffith (tax).
  • Enron has recently failed in both Brazil and Argentina to find bank finance. A panel of lawyers, banks and sponsors discuss how to reach financial close on regional projects
  • Dutch pharmaceutical and chemicals company Akzo Nobel has launched a Dm1 billion ($604 million) Eurobond, one of the first by a single-A credit rated company since the devaluation of the Russian rouble in August and the following credit crisis. The offering is also the first Akzo Nobel has made in the Deutschmark market. Senior banking associate, Grant Jenkins, of Dutch law firm Loeff Claeys Verbeke represented the lead managers ABN Amro (Germany) and Warburg Dillon Read.
  • Oryx Energy and Kerr-McGee have announced plans to merge in a deal worth $4 billion. The combined company will be the fourth largest oil exploration and production company in the US. It will have the equivalent of one billion barrels of oil reserves in oil and gas and an enterprise value of $6 billion. The Kerr-McGee/Oryx merger will consist of a tax free pooling of assets including debt and stock. Oryx shareholders will receive Kerr-McGee stock valued at about $1.8 billion. Kerr-McGee will assume about $1.3 billion of Oryx debt. The new company will be called Kerr-McGee.