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The Australian government has taken an active and progressive view on financial legislation, this year introducing a series of significant reforms. Don Harding of Freehills, Sydney, assesses the new Corporations Act and the progress being made towards reform of financial services provision

The UK’s Court of Appeal ruled last month that a bank can avoid payment on a performance bond if it has been acquired fraudulently. Paul Friedman and Philip Young of Baker & McKenzie, London, review the case and assess its implications for banks and bondholders

Fixed or floating? When examining a charge over a company’s uncollected book debts it is sometimes hard to say, but in June the UK Privy Council gave a new and helpful opinion in Brumark. Justin Bickle of Cadwalader, Wickersham & Taft, London, examines the case and its implications

Troubled German microchip-maker Infineon last month called in technology-focused Brobeck Hale & Dorr and Clifford Chance for a $1.4 billion secondary share offering in difficult market conditions. Infineon made the share offering in Germany and the US and through private placements to international institutional investors elsewhere on July 3. The 60 million share secondary offering in the US and Germany was priced at euro 25 ($21) a share.

Alain Gauvin of Coudert Brothers, Paris, reviews the Peregrine/Robinson ruling and argues that market quotations are not sufficient when settling payments in such cases

On April 10 2001 the Securities and Futures Commission (SFC) published a consultation paper reviewing the Codes on Takeovers and Mergers and Share Repurchases relating to public companies.

European Commission officials are considering whether to block a hostile bid for Montedison. The Italian industrial group is the target of a $4.18 billion joint offer by the acquisitive French utility company Électricité de France (EDF) and Italian carmaker Fiat. The Commission's decision is a particularly difficult one because of the way in which Fiat and EDF have structured their bid. Both are bidding through their joint venture company Italenergia, which has no turnover, while Montedison itself gets two-thirds of its revenues from the Italian market. Under EU rules each merger partner has to have euro 250 million ($215 million) in more than one EU country. Whether the deal is a matter for Italian regulators or the Commission will depend on whether EU officials consider the assets of Fiat and EDF separately.

Amarchand & Mangaldas & Suresh A Shroff & Co has negotiated the biggest deal in Indian corporate history. The firm's client was a mobile phone company owned by the two Indian business houses, Birla and Tata, and US telecoms company AT&T. The deal got underway when Birla-AT&T Tata company accepted a merger proposal from BPL, a mobile phone company controlled by Rajeev Chandrashekar, an Indian tycoon. That was in September 2000. Amarchand negotiated the deal directly with BPL and nine months later the three business houses, and AT&T, agreed to a merger valued at $2.1 billion.

"It's ludicrous that Europe can agree a single currency but cannot agree a common takeover law"

French boutique firm Bredin Prat has poached a senior partner from the breakaway Paris arm of Dutch firm Stibbe. Stibbe Paris is in merger talks with US firm Latham & Watkins. Competition specialist Hughes Calvet is to join the French mergers and acquisitions boutique in September, ending a seven-year tenancy at Stibbe. Calvet says his decision was not connected to Stibbe's talks with Latham & Watkins and that Bredin Prat was simply better suited to his area of practice. "Joining a firm like Bredin Prat would be a positive prospect for any lawyer in Paris," he says. "I think there is room for a boutique firm that focuses on top end work."