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  • 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.
  • German firm Gleiss Lutz Hootz Hirsch & Partner and Benelux firm Stibbe Simont Monahan Duhot are considering merging. Partners at the two firms will take a vote in December and, if approved, the German firm will continue business as Stibbe Gleiss Simont Duhot on January 1 1999. The move follows the merger last year of Stibbe and French firm Giroux Buhagiar & Associés in Paris. Frans Corpeleyn, managing partner of Stibbe, says: "We will have French, Belgian, Dutch and German lawyers and these are the major jurisdictions in Europe. We want to be one truly integrated European law firm."
  • 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."
  • 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.
  • A recent Court of Appeal decision (Russell McVeagh McKenzie Bartleet v Tower Corporation) provides a useful indication to New Zealand law firms of the judiciary's approach to Chinese walls in large firms.
  • Credit derivatives are contracts intended to transfer credit risk on loans, bonds and other assets (the underlying assets) from the protection buyer to the protection seller. Under these contracts, the payment or other obligations of the protection seller are triggered by credit events affecting the reference asset.
  • Since mid-1997, Hungarian legislation has imposed taxes on money transfers in cash so that cash payments made by companies over a certain sum (about Ft1.2 million (US$5.454 million)) entail various tax disadvantages. In an attempt to curtail cash payments, Hungary intended, on the one hand, to encourage non-cash money transfers common throughout Europe and, on the other hand, to gain greater control over the so-called black market.
  • ING Group has purchased a leading stake in German bank BHF-Bank. The deal, which is worth DM 2.5 billion ($1.4 billion), involved a number of separate transactions through which ING increased its holding of BHF-Bank shares from 4.5% to 39%. ING is now the largest single shareholder of BHF-Bank. The transaction was completed on September 14. Final completion of the acquisition is dependent on gaining the consent of the regulatory authorities. The shares were sold by Allianz, DG Bank and Münchener Rück.
  • Opportunities exist within the Arabian Gulf states for equity investment in large projects. But the creation of bankable project structures requires effective security over project assets. By Martin Amison of Trowers & Hamlins, London