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  • The cost and delays involved in litigating in the state courts are leading many in the Portuguese market to consider arbitration instead. By Pedro Metello de Nápoles and Inês Gomes da Cruz of PLMJ
  • Nimrod E Mkono, Steven De Backer and Joy Alliy of Mkono & Co say that changes to the country's energy policies and legal framework are a step in the right direction, but that more must be done to encourage private investment in the sector
  • Howard Mulligan explains how legislation to harmonize anti-predatory lending across the US could reap rewards for the mortgage securitization industry
  • Ben Maiden reports on how Brazil's C bond exchange successfully adapted auction techniques unpopular in the corporate debt markets to sovereign use
  • Bradley Kurkowski, White & Case Dirk Schmalenbach, Freshfields Bruckhaus Deringer David Roberts, Olswang Perry Noble, Freshfields Bruckhaus Deringer White & Case appointed two new legal counsel to its capital markets group in London. Christopher Whiteley joins the structured finance practice from JP Morgan and US-qualified Bradley Kurkowski joins the high yield debt team from Weil Gotshal & Manges. Kurkowski has acted for both investment banks and companies on a variety of debt offerings and Whiteley specializes in credit derivatives.
  • The review of the UK regulator's enforcement practices is a step in the right direction but will mean little without more high-quality staff, says James Bagge
  • Following is an overview of the provisions of the law that might impact on the terms of a franchise agreement.
  • A new Financial Conglomerate Law of 2005 and respective amendments to the Credit Institution Law of 1995 have been passed to specify the regulations for Latvian banks now that the country has joined the EU.
  • The government has introduced a new draft law to harmonize the existing anti-money-laundering legislation with Directive 2001/97/EC (on prevention of the use of the financial system for the purpose of money laundering) (the Directive). The bill is awaiting parliamentary vote.
  • Earlier this year, Korea introduced new laws and regulations relating to private equity funds (PEF) in an effort to foster Korea-based funds large enough to compete with international funds in the M&A market. The new laws and regulations were legislated based on principles that: (i) the investment purpose must be to participate in management control; and (ii) any investment that can be characterized as a loan is prohibited. Recently, certain investors in PEF have entered into option contracts guaranteeing the principal and agreed profit margin for such investors. Whether these arrangements are consistent with the legislative intent of the new laws and regulations has been the subject of intense debate.