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  • Failure to achieve a state of reliable data means that:
  • Investigations The competent competition authority can inspect an undertaking's premises (during working hours), and documents and accounting books, which can also be sealed or seized for up to 72 hours. The representatives or employees of an undertaking may also be asked about facts or documents related to the case under investigation. With court authorization, the Authority may even enter the private premises of administrators, managers, directors, or employees.
  • Ben Maiden reports on the continuing debate over the NYSE's regulatory arm
  • Ben Maiden reports on the increasing number of private practitioners in the US going to work for clients, and not always as lawyers
  • Paul Hastings promoted real-estate specialist Mark Brooks to of counsel in the firm's Hong Kong office. Brooks, a New York qualified lawyer, is part of a team of over 20 real estate lawyers in Asia. He has practised in Tokyo, representing foreign-backed lenders and borrowers in connection with securitized financings of commercial projects.
  • David Wilson, OSC David Brown, Davies Ward David Wilson took office as the new head of the Ontario Securities Commission (OSC), the most influential financial regulator in Canada. Wilson began work on November 1 at the start of a five-year term. Before chairing the OSC, Wilson was vice chairman of the Bank of Nova Scotia and chairman and chief executive of Scotia Capital. He took over from David Brown, who had led the OSC since 1998. Brown rejoined Davies Ward Phillips & Vineberg this month as counsel, having been a senior partner with the firm before moving to the OSC. His experience as a lawyer includes corporate finance, restructurings and mergers and acquisitions. During his time at the OSC, Brown took a leading role in pushing for greater uniformity of securities rules and for the creation of a national regulator to replace the 13 existing provincial and territorial authorities.
  • Frankfurt-headquartered DVB Bank acted as arranger on the €180 million financing of a new deepwater container terminal in Gdansk, Poland. DVB Bank agreed to arrange and provide up to €100 million of debt finance to DCT Gdansk. DCT Gdansk is majority owned by Macquarie Global Infrastructure Fund II. The Norton Rose team advising DVB Bank was led by Tomas Gärdfors in Frankfurt, Chris Brown in London and Piotr Strawa in Warsaw. Wildgen & Partners advised DVB on Luxembourg law and McCann FitzGerald advised DVB on Irish law. Lovells advised the borrower.
  • Shearman & Sterling and Latham & Watkins were the lead transaction counsel as private company Koch Industries agreed to buy Georgia-Pacific for $13.2 billion. The deal will take place through Koch Forest Products, a wholly owned Koch subsidiary, and will have a total transaction value of $21 billion, including debt. Citigroup will provide debt financing to Koch for the acquisition. Partner Creighton Condon led the Shearman team advising Koch on the deal. King & Spalding partners William Baxley and William Holby in Atlanta and Anthony Rothermel in New York advised Koch on corporate governance, due diligence and Georgia law issues. Mark Gerstein and John Sorkin of Latham & Watkins represented Georgia-Pacific.
  • A new OSC rule has tried to resolve confusion over what conditions can be attached to the financing of takeover bids for Canadian companies. Graham Gow explains
  • Hong Kong's accountants are following their US counterparts' attempts to withdraw from due diligence in the offering process. This is putting investor protection at risk, writes John Moore