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  • In 1991, the House of Lords held that entering into interest rate swaps was outside the statutory powers of local authorities (Hazell v Hammersmith & Fulham). When banks claimed for restitution of sums paid to local authorities under void swaps, their claims were hindered by the 200 year old principle of law that money paid under a mistake of law is not recoverable. In Kleinwort Benson v Lincoln City Council, the House of Lords has now ruled that payments made under a mistake of law are recoverable. The law lords, by a 3-2 majority, held that:
  • As consolidation in the Swiss legal market continues, lawyers are divided over the need to look beyond national boundaries. Stephen Mulrenan reports from Zurich and Geneva
  • 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.
  • Telecom Italia has bought a 25% stake in Telekom Austria, Austria's fixed net telecoms provider. Post und Telekom Austria (PTA), the state-owned parent company, sold the shares for Sch27.2 billion ($2.3 billion). The package includes a an 18.75% stake in Mobilkom, the cellular subsidiary, in addition to Telecom Italia's existing 25% holding. The transaction is the largest deal ever closed in Austria and is the second step in the privatization of PTA, following the sale of the Mobilkom stake to Telecom Italia in 1997. The next step will be Austrian Telekom's IPO, scheduled for after 2000.
  • 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).
  • By Barbara Galli
  • The consolidation of the South African legal market continues with the merger of three firms Bowman Gilfillan Hayman Godfrey, John & Kernic and Findlay & Tait. The 60 partner new firm Bowman Gilfillan will be one of the largest in the jurisdiction. Senior partner Peter James of John & Kernic says: "Traditionally clients have used us for their intellectual property work and other firms for other aspects of business law. Now we'll be able to offer a fuller service. The major international clients also look more closely at larger firms."
  • 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.
  • The London Stock Exchange has revealed plans to use the Internet for its shelf registration system. Nick Ferguson examines securities registration and trading in cyberspace, which will revolutionize capital markets
  • 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