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  • The Houston-based company's decision to abandon the MLP structure that it pioneered has sparked debate about its future
  • Despite their popularity in Europe and the US, warranty and indemnity policies have failed to gain traction in Asia – even in riskier emerging jurisdictions
  • Corporate governance practices in South African have worsened over the past 12 months, according to an annual survey released last week
  • Private equity has driven the continent's leveraged finance market. But as explained by Freshfields Bruckhaus Deringer's Daniel French, US investors will be crucial to its further growth
  • India's recent launch of a Polar Satellite Launch Vehicle rocket carrying five foreign satellites was heralded as a major step towards the modernisation and digitalisation of India's science and technology sector. The Prime Minister showered accolades on the Indian Space Research Organisation (ISRO) and the Department of Space (DoS), declaring his vision of a Digital India in the years to come. In reality, its implementation is constricted by many factors, including in particular, the archaic Satellite Communication Policy 1997 and the norms framed under the Policy in 2000.
  • Décret Alstom reinforces France’s control over inbound foreign investment. Despite its dubious motivations, the European Commission has approved the reform
  • Legislative uncertainty’s impact on inversions?
  • The European Commission wants powers to intervene in minority acquisitions. Linklaters' Jonas Koponen and Isabel Rooms analyse the proposals
  • Diego Alejos Financing in Guatemala has seen a recent expansion in the different options offered by financial institutions, national and foreign, to Guatemalan companies. This has allowed Guatemalan corporations to expand their operations by having a wide portfolio of finance products from which to select the most adequate means of acquiring the funds to develop their operations. Traditionally in Guatemala, corporations, both national and foreign, have obtained their financing from Guatemalan financial institutions; they have tended to enter into traditional options such as Lombard credits, syndicated loans and in some cases project finance. However, these options did not meet the funding needs required by corporations. In some cases, the limits imposed on Guatemalan financial institutions by law regarding the concentration of investments and contingencies restricted the funding offered to corporations. In other cases, the financing structure offered to the corporations by the financial institutions did not meet the corporation's needs. This situation changed to some extent with the entering of foreign financial institutions into the Guatemalan financial market, as the limits regarding the concentration of investments were somewhat lessened, allowing for bigger loans and financing.
  • What will stop swap counterparties hitting this? Inserting new clauses into derivatives contracts could be the final piece of the solution to the too-big-to-fail conundrum that has vexed regulators since the collapse of Lehman Brothers in 2008. The industry group for the $700 trillion global swaps market, the International Swaps and Derivatives Association (ISDA), is revising international protocols to impose a temporary pause that would prevent counterparties from terminating swap trades with a failing bank for up to 48 hours.