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  • Whitney Pidot and former Shearman & Sterling partner, US ambassador to China Clark Randt In a move unprecedented among US firms, Shearman & Sterling has relocated its global managing partner to Asia. Whitney Pidot, who is also a member of the four-man executive committee, has stepped down from the top job to become managing partner for Asia in a move that has left even his New York colleagues surprised.
  • Money laundering is a key target in the battle to cut off funds to terrorist organizations. In October the US passed legislation to crack down on laundered funds by requiring financial institutions to use strict compliance and due diligence programmes. Danforth Newcomb, Rachel Barnes and Saamir Elshihabi of Shearman & Sterling, New York, explain the implications
  • In alleged response to an insider bid by 30% shareholder CAIH in the recent contest for control of Hurricane Hydrocarbons, the Hurricane board declared a special dividend payable by way of senior unsecured notes. A controversy arose because the notes contained a change-of-control provision that would be triggered by the acquisition of more than 50% of the Hurricane shares. Upon a change-of-control, the holders of the notes could elect to have the notes redeemed. The net effect was a potential cash depletion of $200 million from Hurricane's cash flow.
  • Slaughter and May is to benefit from the unexpected defection from Clifford Chance of a 10-lawyer securitization team to independent Italian firm Bonelli Erede Pappalardo.
  • A number of governmental and international bodies have begun to take action in the so-called "war against terrorism". The IMF, the OECD (through its Financial Action Task Force, or FATF) and the US government have all set down plans to cut off the flow of legitimate and illegitimate to organizations supporting terrorist activities around the world.
  • Since legislation was first introduced in 1995, the Brazilian tax authorities have been developing their legislation in relation to the taxation of profits earned by Brazilian subsidiaries and associated companies abroad.
  • The Takeover Panel’s ruling on WPP’s bid for Tempus could spell the end for material adverse change conditions. Tunde Ogowewo of King’s College London’s School of Law reviews the case
  • The New Zealand government has recently tabled the Securities Markets and Institutions Bill, in the first major revamp of New Zealand's securities and markets legislation since 1988. The Bill aims to increase both domestic and international confidence in New Zealand's securities markets and institutions by strengthening monitoring and the enforcement of securities law, requiring greater disclosure and providing for more effective enforcement of breaches. It will also bring New Zealand law into line with Australia, particularly in the areas of continuous disclosure and the enforcement of insider trading.
  • The promulgation of a new Trust Law, effective October 1 2001, represents an important step forward for China and its legal development. The Trust Law will have implications for many aspects of structuring investments and financings (including the taking of security) within China. The new law applies to civil, business and charitable trusts and is intended to pave the way for a new investment funds law to further stimulate the Chinese economy.
  • A tough year for capital markets lawyers in Belgium and The Netherlands, and the effects of disasters such as Sabena’s bankruptcy, have overshadowed the Euronext merger. With firms taking a hard look at their practices, what are the prospects for lawyers? Thomas Williams reports from Amsterdam and Brussels