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India’s securities regulator is looking for inspiration abroad. Here’s how the US and Hong Kong are changing local enforcement and disclosure rules

The circulation last month of compromise terms relating to the establishment of a European banking union marked the latest attempt to break a stalemate in member state discussions on the proposals. But EU lawyers believe such a union will be ineffective without treaty change.

Chisom Udechukwu In the face of rapid globalisation, the fundamental objective of corporate restructuring is to reposition an organisation against the high tide of business failure and maximise shareholder value. Some obvious reasons for corporate restructuring include the need for greater competitiveness, increased profitability, diversification and/or compliance with regulatory or statutory provisions. Corporate restructuring is typically divided into two main categories differentiated in terms of expansion or divestment technique. Srivastava and Mushtaq argue in the Asian Journal of Technology & Management Research (Vol. 01 – Issue 01, Jan–Jun 2011) that expansion techniques include mergers, takeovers, franchising, intellectual property rights acquisitions and holding company arrangements, whereas divestment techniques encompass sell offs, de-mergers, slump sales, management buy-outs, arrangements on sale and compromise. They argue for a third class of restructuring which includes share repurchasing, management buy in, reverse merger and equity carve-out.

Governments could have a tougher time agreeing restructuring plans with creditors following a landmark US court ruling on Argentina's sovereign debt default of 2001.

Foreign investors will soon be landing

The IFLR1000’s 2013 law firm rankings reveal a cautious market that’s strategising for better days

What does the Canadian government’s initial rejection of the Petronas/Progress deal signal for SOE investment, and Cnooc’s bid for Nexen?

Structured products, securitisations and commodity pools must navigate a patchwork of Dodd-Frank regulations. But recent interpretive guidance means all is not lost

On the regulatory front, ALLEN & OVERY snared Marc Ponchione from the asset management division of Willkie Farr & Gallagher. Ponchione is a former senior counsel at the SEC's division of investment management. COZEN O'CONNOR has gained Jerry Pappert, a former Pennsylvania attorney general and the chairman of the state's Banking and Securities Commission, as a shareholder in its Philadelphia office.

At some point during most people's childhood, there was an evil bogeyman lurking under a bed, or hidden in a closet, ready to make its presence known at a moment's notice. The bogeyman of the day for many market participants has become the commodity pool issue. This issue arises because the Dodd-Frank Act amended the definition of "commodity pool", making it broader by including any enterprise operated for the purpose of trading in swaps. Trading in swaps may seem like a high bar, but there is little guidance as to the type of entity that constitutes a commodity pool and some of that guidance suggests that entering into a single swap may be sufficient to trigger the registration requirement.