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  • Act No. CXII/1996 on credit institutions and financial enterprises permits the setting up of a centralized domestic electronic database. The passing on and/or accessing of database information on debtors by financial institutions and investment companies does not constitute a violation of banking secrecy. However, this database should not contain information on natural persons. The Act was amended with effect from January 1 1998; it is now permissible to store and provide information on natural persons. The difference between data on private persons and data on non-private persons is that information on private persons is limited to a 'blacklist', ie only those debtors are recorded who have not met their obligations within 90 days of the due date. On the other hand, debtors who are non-private persons are always registered as soon as they conclude a loan or quasi-loan agreement, irrespective of whether they are in default of payment.
  • A new Russian bankruptcy law became effective on March 1 1998 (Federal Law No. 6-FZ On Bankruptcy). Given the difficulties being experienced by the Russian economy and the precarious state of many enterprises, the new law may assume growing importance in the reform process. Under previous legislation, bankruptcies proved difficult to implement and only infrequently resulted in the liquidation or material restructuring of troubled debtors. Key improvements in the new law include a revised and more practical definition of bankruptcy; a wider list of actors who may start bankruptcy proceedings; and new and more detailed procedures governing the activities of the courts, creditors and manager/trustees in connection with bankruptcy.
  • New regulations on netting agreements governing financial transactions related to derivative instruments have been passed as an additional provision to a law customarily enacted at the same time as the approval of the budget for the following year. That law, which came into force on January 1 1998, added a new section to a 1994 law on the Second Banking Directive.
  • Despite resistance from rivals and internal opposition, Lagerlöf & Leman has chosen European integration over independence. Nick Ferguson reports from Stockholm on a market divided by Lagerlöf’s vision for European legal services
  • US telecommunications company AT&T and British Telecommunications (BT) are embarking on a joint venture which is expected to make US$11 billion in annual revenue. The companies aim to increase their presence in the multinational telecoms market. Advising AT&T is Wachtell Lipton Rosen & Katz, New York. The team of lawyers includes partners Steven Rosenblum (corporate), Richard Katcher (corporate), Stephanie Seligman (corporate), Adrienne Atkinson (corporate), Peter Canellos (tax), Jodi Schwartz (tax) and Ilene Gotts (antitrust).
  • US drugs company Johnson & Johnson is buying orthopaedic supplies company DePuy for US$3.5 billion. Roche Holding, the Swiss pharmaceutical company, is selling its 84% stake in DePuy to the company. Cravath Swaine & Moore is representing Johnson & Johnson of New Jersey. The team of lawyers includes partners Robert Kindler (corporate), Robert Townsend (corporate) and Stephen Gordon (tax).
  • UK firm Linklaters & Paines has been hired by British Petroleum for its US$50 billion agreed takeover of Amoco in the US. The oil company merger is the world's largest industrial merger and lawyer's fees are likely to be considerable. The resulting company, BP Amoco plc, will have a market capitalization of US$110 billion with 100,000 employees worldwide. It will be one of the three biggest oil companies in the world along with Royal Dutch/Shell and Exxon. The equity split will be 60% to BP shareholders and 40% to Amoco shareholders. Advising Amoco on the transaction in the US are Wachtell, Lipton, Rosen & Katz partners Andrew Brownstein and Martin Lipton. UK counsel to Amoco is Freshfields, with a team including senior partner Anthony Salz, corporate partners William Lawes and Neil Radford, EU law partners Rachel Brandenburger and John Davies, and tax partners Francis Sandison and Sarah Falk.
  • Allen & Overy's Frankfurt office has poached two partners from rival firms. Johannes Bruski was a partner with German firm Bruckhaus Westrick Heller Löber. Reinhard Hermes was formerly a partner in US firm Morgan, Lewis & Bockius's Frankfurt office. Bruski specializes in asset finance and cross-border leasing. He is also experienced in corporate mergers & acquisitions. He joins Allen & Overy's asset finance practice.
  • May the holders of American Depository Receipts (ADRs) reflecting ownership of shares in a Japanese corporation bring a shareholder derivative action on behalf of that corporation? Both US and Japanese law provide for shareholder derivative actions. However, the US Court of Appeals for the Ninth Circuit has held in Batchelder v Kawamoto [July 15 1998] that under Japanese law on ADRs, the holder of the ADRs did not have standing to bring the derivative action.
  • German firm Hengeler Mueller Weitzel Wirtz has put together the innovative system that will clear the majority of euro transactions once the single European currency is introduced. Despite claims that it was impossible to produce a multilateral cross-border netting system whose rights and obligations would be upheld in the various jurisdictions in insolvency situations, the new Single Obligation structure, which provides the basis for the EBA clearing system, meets all criteria and has won acclaim from all participating countries.