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  • Weil Gotshal & Manges led the field at the IFLR awards at the Waldorf Astoria last month
  • Offshore investors in China did so without protection, because they had no choice. They are now being burnt in insolvencies. China must fix its investment restrictions, and the practice of its Bankruptcy Law, if it ever wants foreign investment again
  • Senior bondholders are challenging Freescale's debt restructuring, making an unprecedented challenge to the material adverse effect (MAE) clause in the creditor agreement. Unfortunately, the creditor agreement is covenant-lite.
  • Aima pointed out that there have been almost no hedge fund blow-ups in the past six months The focus on the regulation of hedge funds at the April 2 G20 meeting in London was odd. They had nothing to do with this financial crisis (despite legitimate concerns about their leverage) and are already being regulated in the world's major jurisdictions.
  • US regulators have to decide the future of the Troubled Asset Relief Programme (Tarp) as the first wave of distressed banks start to return their Tarp borrowings.
  • In a move that could keep investors out of China, the regulators have increased the lock-up period for foreign investors with stakes in banks.
  • The Coke decision was political but backed by some promising antitrust analysis. Mofcom now needs to explain it in greater depth
  • The European Commission is ignoring proper process and rushing knee-jerk regulation through the legislature. The draft directive regulating the alternative investment industry will lose effectiveness as a result
  • Mandatory disclosure of short positions will create transparency and be helpful to the market. However, the debate over who short sellers should disclose to and at what thresholds rages on
  • Proposed changes to the Basel securitisation framework risk strangling banks with capital requirements based on unclear and overly inclusive drafting