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  • Regardless of where it takes place, a merger or acquisition that affects a Mexican market may be subject to a notice requirement before it has legal or material effect in Mexico. The Federal Competition Commission (CFC) regulates mergers and acquisitions as concentrations under the 1993 Federal Economic Competition Law and its recently adopted regulations.
  • The Business Bankruptcy Reform Act, S.1914, was introduced into the US Senate on April 2 1998. S.1914 proposes to amend the Bankruptcy Code to make it clear that assets transferred in a securitization are not property of the estate in a bankruptcy filed by the transferor. If passed, this amendment may well remove the legal uncertainties as to whether the bankruptcy trustee may reach financial assets previously transferred to a special purpose entity that has issued debt or equity backed by those assets. Other sections of S.1914 would amend the Bankruptcy Code to broaden the category of transactions that qualify as swaps or repurchase agreements and for the first time permit cross-netting pursuant to master agreements of amounts due and owing under forwards, swaps, repurchase agreements, commodities and securities contracts.
  • UAE
    Holders of a joint bank account in the UAE typically instruct the bank to allow 'either or survivor' to operate the account. The purpose of this mandate is to allow the surviving account-holders to continue to operate the account following the death of one of the other account-holders.
  • The Electronic Commerce Policy Committee has made recommendations for a national electronic commerce framework, to attract foreign and local companies to base electronic commerce hub activities in Singapore. Among its recommendations is the enactment of a proposed Electronic Transactions Bill, to provide the legal framework to address issues posed by electronic transactions and electronic commerce, such as:
  • The New Zealand government recently announced a package of 'in principle' reforms to the electricity industry, which have as their primary objective obtaining 'a better deal for electricity consumers'.
  • Citigroup, the new company formed by the Travelers/Citicorp merger, appears to breach the US’s regulatory barriers between financial services. But lawyers suggest there are possible structures for the company to offer the full range of services. Paul Lee reports
  • Traditional Italian lawyers are beginning to adapt to competition from larger overseas firms. The believe they must follow the English and American model while retaining Italian characteristics. Barbara Galli reports
  • Imperial Tobacco Group is buying Douwe Egberts Van Nelle Tobacco from Sara Lee/Douwe Egberts for £652 million. The acquisition is subject to Works Council consent in the Netherlands, regulatory clearance in a number of jurisdictions and the consent of Imperial Tobacco Group's shareholders. Ashurst Morris Crisp is acting for Imperial Tobacco Group, with a team led by corporate partners David Macfarlane and Jeremy Parr. The team includes partners Roger Finbow (competition), Ian Johnson (tax ), and Richard Kendall (finance). Nauta Dutilh's partner Joan van Marwijk Kooy is also advising Imperial Tobacco in the Netherlands. Schroders are acting as the financial advisers to the Group.
  • Two New York firms, Skadden, Arps, Slate, Meagher & Flom and Shearman & Sterling are advising on the merger between US refuse controllers Waste Management and USA Waste. The merger is valued at $20 billion. Shearman & Sterling is counsel to USA Waste led by M&A partner John Marzulli in New York. Other New York partners are Mary Kate Wold (tax), John Cannon (competition), Margaret Murphy (environmental) and William Roll (litigation). Stephen Sunshine, a partner in Washington, dealt with antitrust matters.
  • US firms Skadden, Arps, Slate, Meagher and Flom, and Shearman & Sterling have scooped the worlds's largest deal: the merger between Travelers Group and Citicorp, estimated at $166 billion. The merger announcement was expected to speed up plans for reform of US banking law, which prohibits bank holding companies from involvement in insurance business. Shearman & Sterling is representing Citicorp. Senior partner Stephen Volk and corporate specialist David Heleniak are leading the team.