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Auditors' duty of care

A draft EU Directive which would increase the freedom of qualified EU lawyers to establish themselves and offer legal services in any member state has taken another step towards legislation. The proposed Directive would allow lawyers to practise permanently and without restriction, under their original professional title, in any EU member state, on the same basis as the host country's own lawyers. All that would be required would be registration with the bar or other relevant authority in the host state, on the same basis as in the home country. In addition, the Directive aims to make it easier to acquire the relevant professional title in the host country. Member states will have to acknowledge the professional experience foreign lawyers have gained in their jurisdiction.

The law in the United States relating to electronic funds transfers is new and undeveloped. Article 4A, governing these types of transactions, has been added to the Uniform Commercial Code and adopted by many states, including New York. A case recently reported, Sheerbonnet Ltd v American Express Bank Ltd, 951 F Supp 403 (SDNY 1995), sheds some light on the interplay between Article 4A and the common law.

US firms are putting less weight on lawyer billings and are using more objective criteria to determine partner compensation, according to a survey report published by consultants Altman Weil Pensa. The firm's previous survey of this sort, in 1993, found that personal fees billed was the most important factor in calculating lawyers' compensation. The new survey has found that business origination has become the most significant determinant.

Big six accounting firm Price Waterhouse launched a Russian law firm in early June. The firm, called, snappily, Price Waterhouse Commonwealth of Independent States (CIS) Law Offices, will be primarily staffed by Russians and in due course managed by Russian lawyer partners. "This is a natural extension of Price Waterhouse's presence in the Russian market," says Emory Kesteloot, the tax and legal partner responsible for coordinating the creation of the law firm. "We expect to be among the top Russian law firms. To this end we have appointed two of the most experienced Western legal specialists to lead and develop the practice as resident partners in Moscow." The two are: Professor WE Butler and Maryann Gashi-Butler.

The Third Annual In-House Counsel Event

Section 6 of Singapore's Civil Law Act nullifies gaming contracts and prohibits the recovery of any wagering prize. It remains unclear as to whether a swap agreement is a gaming contact within the meaning of the Act and hence invalid under Singapore law.

The Intergovernmental Conference, which had the task of reviewing the Maastricht Treaty, reached an agreement on a draft Treaty at the Amsterdam European Council on June 16 and 17. The draft Treaty is due to be signed in October 1997, at Amsterdam.

The recent fuss over different levels of disclosure in the US and UK by British Telecom is an example of the problems companies with multiple listings are open to. By Anthony J Herbert of Allen & Overy, London

On June 16 the Ministry of Justice submitted a Draft Takeover Code introducing a mandatory public tender offer to all shareholders of listed target companies (excluding companies whose shares are traded in the over-the-counter market [Sonstiger Wertpapierhandel]). The Draft Code provides that the mandatory offer will be triggered by the acquisition of shares representing 30% or more of the voting rights in the target, irrespective of whether this acquisition of de facto control occurs through a voluntary public offer, a private purchase of a block of shares or multiple purchases in the market.