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  • A faltering economy and troubled stock exchanges have forced the German government and industry to seek legal reform to reawaken the markets. Thomas Williams reports from Frankfurt where lawyers are hoping to profit from a change in attitude among rule-makers and corporate clients
  • Christian Lambie, Allen & Overy Building on the success of its 1999 securitization of the UK's Broadgate shopping centre, Allen & Overy has pulled off a similar deal for UBS Warburg. The UK firm has advised the bank as structurer and lead manager on a £575 million ($812 million) for UK property company British Land in the first of two deals it closed in June in the commercial mortgage-backed securitzation field. The transaction involved the issue of secured and unsecured debt by a special purpose vehicle (SPV) of the British Land Group, backed by rental payments from 35 supermarkets leased by to UK grocer J Sainsburys. The debt was then bought and reissued by an orphan company, Werretown Supermarkets Securitizations, which issued two senior tranches of bonds.
  • In May, 12 years into negotiations to create an EU directive on takeovers, Germany suddenly got cold feet. Hartmut Krause of Allen & Overy, Frankfurt, discusses the compromise with the EU it has since won and how it can draft its own legislation to protect German companies from hostile international bids
  • Australian firm Clayton Utz has advised on the world's largest trade in carbon credits. The deal, completed in Sydney in early June, was struck between Japan's Cosmo Oil and Australian Plantation Timber, and involves the trade of one million CO2 tonnes over an 11-year term. The trading of carbon credits is not a well-established field. The Kyoto Protocol would have provided a framework for such trades but so far no developed nations have ratified the agreement and the withdrawal of US support is likely to bring about its complete collapse.
  • Cashpooling is the centralization of group treasury management used to maximize the financial results of the cash management policy of a group. The past couple of years have seen an ever increasing demand for the implementation of European cross-border cashpooling systems, involving one or more Portuguese subsidiaries. As a rule the pool leader is located in a European country other than Portugal.
  • On May 11 2001, the board of directors Colombian Central Bank (Banco de la República) issued External Resolution No. 2 of 2001 reforming articles 48, 49, 50 and 51 of External Resolution No. 8 of 2000, issued by the same entity, which contains the Foreign Exchange Regime. The articles that were reformed comprise the special foreign exchange regime applicable to the oil, gas & mining sectors in Colombia. The special regime allows certain entities which participate in the oil, gas and mining sector in Colombia not to repatriate to the Colombian foreign exchange market the revenues they receive from sales made by them in foreign currencies.
  • Davis, Polk & Wardwell and Clifford Chance have advised on the partial privatization and initial public offering of the Norwegian oil and gas company Statoil. The $2.9 billion deal involved the listing of Statoil in the US and Norway. Jeff Berman, one of the corporate partners at Davis Polk who worked on the deal, said that transaction was an important part of the restructuring taking place in the Norwegian oil industry. "We did this deal under difficult market conditions and to a tight timetable," he said. "But it was also at time when oil and gas prices are very high."
  • Singapore banks DBS and OCBC have both launched domestic takeover battles that will reshape the city state's banking industry. The Singapore government is committed to creating a regional financial powerhouse and its banks have taken up the fight. In May DBS took over Hong Kong's Dao Heng for S$9.9 billion ($5.4 billion) and it is now moving in on local rival OUB, at a cost of S$9.4 billion. Allen & Gledhill has advised DBS on both transactions and is also advising OCBC on the takeover of Keppel Capital, Singapore's smallest bank. The deal comes hand-in-hand with an offer of S$3 billion of new upper tier-two subordinated notes denominated in Singapore dollars, US dollars, British pounds and euros. Clifford Chance and Simpson Thacher & Bartlett are providing international advice.
  • Thomas Abbondante Allen & Overy's debt practice made waves again last month when the firm helped secure the largest ever high-yield bond issue by a European company outside the telecommunications sector. US partners Thomas Abbondante and Adam Kupitz led the firm's high-yield team advising Goldman Sachs International, Royal Bank of Scotland and Hypovereinsbank on the euro 550 million ($471 million) 10.4% bond issued by Messer Griesheim Holding, the holding company of the German industrial gases group Messer Griesheim.
  • Jonathan Inman, head of project finance at Linklaters in Tokyo, is leaving the firm's Japanese office in June. He will resume his work in the London office at the end of August, advising energy clients such as Enron, following the end of his secondment.