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The recent publication of the German Banking Supervisory Authority’s Circular 4/97 clears the way for the development of a significant ABS market in the Federal Republic. By Alexander Vogt and Kurt Dittrich of Oppenhoff & Rädler, Frankfurt

The London office of New York's Debevoise & Plimpton has won Arthur Marriott from rivals Washington DC-based Wilmer Cutler & Pickering. A leading English advocate, Marriott was one of the first two solicitors made Queen's Counsel in March this year. He takes two assistants with him "Having Marriott will be of great benefit to our clients, for now we will have leading professionals in the international dispute-resolution field on both sides of the Atlantic," says Debevoise's presiding partner Barry Brown. "This move also reflects the firm's overall commitment to our international practice, and to London in particular." International arbitration and litigation issues were formerly handled largely from the firm's New York and Paris offices.

US firm Shearman & Sterling has poached Holland West from rival Cadwalader, Wickersham & Taft. West, head of derivatives and asset management at Cadwalader, will now lead Shearman & Sterling's global derivatives and structured finance group.

The financing of large communication and infrastructure projects suggests the possibility of new forms of indebtedness, and the private placement of securities abroad is one option in project financing. In the past four years Colombian corporations and special purpose vehicles have privately placed securities abroad to finance their projects.

Since disposing of its oil interests in Ecuador in 1992, Texaco has faced a spate of lawsuits stemming from damages allegedly caused by decades of oil exploration and extraction activities carried out by a consortium company owned by the state-owned oil company, Petroecuador, and Texaco. In the US, these claims have been pressed in the federal courts through class actions brought in the name of Ecuadorean citizens seeking damages of US$1.5 billion and equitable relief consisting of a court-supervised clean-up of the affected areas in Ecuador. The first such suit, Sequiha v Texaco, started in Texas in August 1993, seeking damages for 500,000 Ecuadoreans, and was dismissed five months later on grounds of comity and forum non conveniens. The second, Aguinda v Texaco, was brought in November 1993 for a class of about 30,000 indigenous citizens. It continued through pre-trial discovery until November 1996, when the New York federal court dismissed the claims on the same grounds. However, the judge also based the dismissal on the failure to join two indispensable parties to the litigation — Petroecuador and the government of Ecuador — deemed necessary for the equitable portion of the case.

The Court of Appeal upheld, among other things, the freedom of contract in Citicorp Investment Bank (Singapore) v Wee Ah Kee. Under a loan agreement to fund Wee's purchase of shares in CIL, Wee granted Citicorp a charge over CIL shares to secure his indebtedness and a call option to purchase 30% of the CIL shares acquired using the loan.

US firm Kaye Scholer Fierman Hays & Handler has lost corporate partners in New York and Los Angeles including vice-chair of the firm Robert Finley. Finley, who was co-head of the corporate and finance practice, has joined the New York office of Clifford Chance. The English firm is seeking to develop a New York banking practice having built a team of 40 US securities lawyers in New York, London and Hong Kong.

Denton International, the European association, has added a Spanish member, Bufete Lupicinio Rodríguez. The addition of the 25-lawyer firm, which has offices in Madrid and Barcelona, brings the membership to seven.

"Three years ago we asked if they wanted to merge and they decided to stay on their own. But over the last few years they have decided that might have been the wrong decision," says Rene Stokman, chairman of Benelux firm Loeff Claeys Verbeke, of Dutch firm Buruma Maris's belated decision to accept a merger proposal. The merger solves a gap in Loeff's coverage, giving it a solid base in The Hague. "Opening there was always on our agenda, and a merger was the easiest way to do that," says Stokman. "It was just a problem of finding the right fit." He notes that the firms rarely meet in practice and so do not expect too many conflicts. Loeff is strong in company law, while Buruma specializes in property, intellectual property, administrative, labour, litigation and telecoms law. Stokman believes that Buruma's litigation practice is particularly attractive, partly because lawyers are admitted to the High Court and are therefore regarded as of the top rank.

New York's niche aviation, maritime and transport-related asset finance firm Haight, Gardner, Poor & Havens has agreed to a merger offer from Miami-based general practice firm Holland & Knight. "In the globalizing market you can no longer sit back and say we're Haight Gardner, we're the best in aviation, shipping and asset finance. That's not enough any more," explains Brian Starer, chairman of the firm. "The client base needs broader-based services. We found more and more over the last few years that we had to pass on business such as IPOs to other firms," he continues. "We decided that when we were approached by a firm with a whole shopping cart full of services we should jump into their basket."