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  • The SEC last month responded to pressure from European banks by suggesting exemptions for foreign financial institutions from the ban on insider lending introduced by Sarbanes-Oxley. Kenneth Blackman of Fried Frank Harris Shriver & Jacobson explains which banks could qualify
  • The US equity markets continued to return to life with a rush of initial public offerings (IPOs) last week. The deals, which included both new and mature technology companies, offered a welcome return to the fray for legal advisers at a range of firms.
  • The results of a study by Yale University unveiled at a conference in San Francisco prove that the right kind of securities laws make for bigger and better stock markets.
  • In July 2003 the Austrian parliament enacted the Real Estate Investment Fund Act (Immobilien-Investmentfondsgesetz - ImmoInvFG), which came into force on September 1 2003. This new legislation aims, in particular, to encourage private investments in real estate. Previously, Austrian law had only contained rules concerning investment funds in securities.
  • Under Swiss law, the distribution of an investment fund requires authorization as soon as the fund is publicly offered to investors in Switzerland through public solicitation. The term public solicitation has been the subject of wide interpretation. Consequently, the Federal Banking Commission (FBC) has stated in a circular in effect since July 1 2003 that solicitation is considered to be public if addressed to more than 20 individuals within a business year.
  • Any takeover, acquisition of, or investment in a German stock corporation (Aktiengesellschaft) can lead to a situation in which the majority shareholder does not have 100% control of the corporation, be this for a period of transition, or be it for a longer or indefinite period of time. This raises the issue of how a majority shareholder can control the boards of such a corporation.
  • Skadden Arps and Davis Polk act on PSI Energy deal
  • The French government has promised to reform the country's outmoded bankruptcy laws after claiming the international banking community left French engineering group Alstom to sink because the laws make lenders liable for all debts if they fund a non-viable company.
  • France has changed its consumer code to ensure usury law does not apply to high-yield bonds, resolving legal uncertainty.
  • The American Bar Association (ABA) has voted to give lawyers more freedom to hand over privileged information if their corporate clients break the law.