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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

Latham & Watkins and Davis Polk & Wardwell have structured the $1.1 billion limited recourse financing for the Hamaca heavy oil production and upgrading project in Venezuela. The deal is the first heavy oil project since the Sincor-sponsored transaction in mid-1998, and marks renewed interest and confidence in the country.

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.

Herbert Smith advised lead manager Royal Bank of Scotland and trustee Citicorp on the £251 million ($351 million) mixed asset securitization for UK retail lender and insurer Paragon. The securitization involved combing loan and second mortgage principal and income payments into a single issue. Finance partner Jane Borrows led the Herbert Smith team, which also included derivatives specialist Dina Abagli, tax specialist Bradley Phillips and property partner James Barnes. Slaughter and May partner Chris Smith advised Paragon with Scottish firm Tods Murray and Northern Ireland firm L'Estrange & Brett advising on Scottish and Northern Irish law respectively.

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"

Clark Randt, a Shearman & Sterling partner, has resigned from his firm to take up one the toughest diplomatic posts in the world. US president George W Bush announced his intention to appoint "Sandy" as US ambassador to China at the end of April, but his official appointment did not take place until July. Randt and Bush met as students at Yale University and have remained friends since then. "Sandy Randt has spent most of his professional career working with China in the foreign service and in business matters," says the president. "His expertise in the Chinese language and culture, international business, and foreign affairs will help us strengthen our important relationship with China as he serves as our next US ambassador."

Freshfields Bruckhaus Deringer has acted for Deutsche Bank as arranger on the first French whole-business securitization to use a domestic special purpose vehicle (SPV). The euro 700 million ($590 million) Powerhouse Finance transaction is the first whole-business deal to use a domestic Fonds Commun de Créances (FCC). Previous securitization deals in France have used vehicles based in offshore jurisdictions such as Jersey or Ireland.

US firms act on Egyptian bond first The London offices of White & Case and Dewey Ballantine have advised on Egypt's first international bond issue.

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.