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  • In a recent case in Ontario, a judge ruled that comfort letters are in general not contractually enforceable. However, liability could run for negligent or fraudulent misrepresentation. By Michael Stephenson of Blake, Cassels & Graydon, Toronto
  • Dennis Block and Bruce Zirinsky, former partners of Weil Gotshal & Manges in New York, have made independent moves to Cadwalader Wickersham & Taft. Shortly after, partner Jonathan Hoff also followed. Block, a corporate, M&A, and securities litigation specialist, was one of Weil Gotshal's highest earners with estimated billings of US$3 million a year. He announced his plans to leave the firm three months ago and had been considering his next move. It is understood he was unhappy with the increasingly international focus of Weil Gotshal, particularly with the opening of its European offices. However Block says: "I had a problem of philosophy with one of the partners. We had a different management style and view and that is my main reason for moving."
  • The traditionally separate businesses of commercial banking, securities and insurance are increasingly merging. An overall approach to supervision is required. By Philip Wood and Paul Phillips of Allen & Overy, London
  • On July 29 1998 the sale of Brazil's giant telecoms company, Telebrás, raised R$22 billion (US$19 billion), between U$4 billion and U$5 billion more than expected in the financial markets and representing a premium of 63.74% over the minimum price. The sale demonstrated the enthusiasm that multinational companies have for Latin America, and confirmed that international companies are willing to commit large resources into the emerging markets.
  • In Resolution 658E of June 25 1998, the Central Bank of Chile amended the Compendium of Foreign Exchange Regulations of the Central Bank by reducing from 30% to 10% the mandatory deposit requirement or Encaje on foreign exchange brought into Chile as investments, loans or capital contributions.
  • On January 31 1998, the Promotion of Investments Law became effective with the aim of promoting domestic and inward investment. The equality of inward investment with domestic investments is now guaranteed by the government which takes responsibility for damages and ensures the free transfer of capital and profits (free convertibility is permitted by law).
  • In the wake of Asia's financial crisis, continuing speculation on a Renminbi devaluation appears to have triggered an outflow of foreign currency from China.
  • The Monetary Authority of Singapore (MAS) has announced that share buybacks will be made legal by the fourth quarter of 1998, following feedback from industry bodies and financial market participants. Companies will be permitted to repurchase shares on the market in round lots out of distributable profits at any time within the period mandated by shareholders. The proposed legislation, which will complement the provisions permitting capital reduction in the Singapore Companies Act, will provide appropriate safeguards to ensure that creditors' interests are preserved and to minimize abuse, while providing sufficient flexibility to companies.
  • In August 1998, the Austrian Legislature adopted for the first time a Takeover Code. Changes have been made to the draft prepared by the ministry of justice (see International Financial Law Review, June 1997, page 60).
  • The ministry of finance is preparing a government Bill containing proposed amendments to the Act on Investment Funds. The aim is for the Bill to be ratified and become effective by the end of this year.