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  • The European Commission has approved Bertelsmann's sale of its BMG Music Publishing business to Universal under the EC Merger Regulation.
  • US law firm Orrick, Herrington & Sutcliffe acted as US legal advisers and US tax advisers to Tennessee Valley Authority (TVA) on the launch of its $2 billion 10-year global bond. Partners Christopher Moore and Carl Lyon led the team for Orrick Herrington. The TVA had planned to raise $1 billion, but poor US employment figures issued early on launch day led to strong bond trading and encouraged the TVA to increase the size of the issue. Proceeds from the bond issue will be used to help repay debt owed by the TVA to the US Treasury. In October, the TVA gained the approval of Congress to raise $3.2 billion in Federal Financing Bank (FFB) debt. The new issue is expected to be listed on the New York, Singapore, Hong Kong and Luxembourg stock exchanges.
  • Telecom Italia has bought a 25% stake in Telekom Austria, Austria's fixed net telecoms provider. Post und Telekom Austria (PTA), the state-owned parent company, sold the shares for Sch27.2 billion ($2.3 billion). The package includes a an 18.75% stake in Mobilkom, the cellular subsidiary, in addition to Telecom Italia's existing 25% holding. The transaction is the largest deal ever closed in Austria and is the second step in the privatization of PTA, following the sale of the Mobilkom stake to Telecom Italia in 1997. The next step will be Austrian Telekom's IPO, scheduled for after 2000.
  • US firm Shaw Pittman Potts & Trowbridge has opened a London office. The office plans to take advantage of a gap it has identified in the London market for specialist advice in the negotiation and structuring of technology transactions and outsourcing. The firm, which already has 100 attorneys in the US practising technology, decided to expand its practice into Europe to meet the needs of its existing UK and US clients and to attract new clients. Paul Mickey, managing partner of Shaw Pittman, explains: "London is the centre for financial transactions in Europe. The types of institutions with technology needs are clustered here."
  • The new Channel Islands Stock Exchange (CISX) has started operations. The exchange already has 23 members — most are Guernsey or Jersey-based company subsidiaries, including Kleinwort Benson (Guernsey), Deutche Morgan Grenfell (CI) and Midland Bank Fund Managers (Guernsey). The CISX admitted its first listing on October 27. Tamara Menteshvili, chief executive for the CISX, says: "There is strong interest in the exchange not only locally but internationally, from places like Hong Kong, Australia, New York and a variety of European jurisdictions." The exchange has taken 18 months to create, in a joint effort by both islands' financial services commissions.
  • Investors in Barings, the collapsed merchant bank, face further litigation after liquidators blew cold on the City Disputes Panel's (CDP) compensation plan. The City's arbitration service put together the package during three years of negotiations after rogue trader Nick Leeson lost $800million gambling on the Hong Kong and Osaka stock markets, forcing the bank to fold. The panel's package sought to compensate holders of Barings' $150 million floating rate notes, issued in 1986. The agreed package offered $85 million, put up by ING, the former directors of Barings and its former auditors Coopers & Lybrand and Deloitte & Touche. ING bought Baring for £1 in 1995. The majority of the '86 noteholders are so-called vulture funds, specialist traders of distressed debt, who have bought up the bonds with the hope of increasing the compensation award.
  • Since introducing its specialist debt listing facility, the Cayman Islands has dealt with over 120 applications. Anne Nealon of the Cayman Island Stock Exchange explains the listing rules for structured bonds
  • Securitization of assets other than mortgages is now possible in Spain. Iñigo Gómez-Jordana and Ana Gómez of Clifford Chance, Madrid review the new regulations
  • On October 28, the Commission adopted a communication entitled "Financial Services: Building a Framework for Action". The aim of the communication is to give the EU financial markets the possibility to support competition and resist financial instability. The strategy put forward to achieve this aim is to establish a capital market that meets the needs of issuers and investors, abolishing the barriers to cross-border provision of financial services such as mortgage loans, insurance and retirement services, with the view to offering the consumer a larger choice, and to guarantee higher levels of protection. The EU's financial services sector already accounts for some 6% of the EU's GNP, and it offers essential financial products to both industry, notably investment capital, and individual consumers, such as mortgages, pensions and insurance. It also accounts for 2.45% of EU employment and there is considerable potential for job creation in the sector. The communication highlights four areas of the sector in which action is required:
  • In October 1990, the defendant telephoned the plaintiff, convincing him to invest in futures options. After the plaintiff had signed an investment contract, the defendant began to trade in put and call options for the plaintiff, charging $300 in commission for each transaction. This led to remarkably high commissions. As the plaintiff's two accounts began to depreciate steadily, he ordered the defendant to close them. Subsequently, he sued the defendant claiming all his money back.