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  • A pool of French, English and American firms worked for the success of the IPO of GEC Alsthom, the joint venture between GEC and Alcatel Alsthom, now renamed Alstom. The offering, totalling US$3.7 billion, comprised shares, depositary receipts and ADRs, with a primary listing in Paris and secondary listings in London and NewYork. Goldman Sachs and Credit Suisse First Boston acted as joint global coordinators.
  • Clifford Chance has completed its first SEC registered flotation in the US, as adviser to STET Mobile Holding (the selling shareholder) and to STET Hellas Telecommunications, one of the two GSM mobile telecom operators in Greece. The sale was of 12.1 million ordinary shares of STET Hellas in the form of American Depositary Receipts, registered with the SEC and quoted on the Nasdaq stock exchange, and of Dutch Depositary Shares listed on the Amsterdam stock exchange. The deal is valued at US$327 million. Clifford Chance's team included partners Rick Ely (US group) and Tim Schwarz (telecommunications) in London, and Frank Graaf in Amsterdam.
  • • Altman Weil, the US legal management consulting firm, has poached Rees Morrison from Arthur Andersen's Legal Business Consulting Group. Morrison, who has been a consultant for ten years, joins as a principal and will be in charge of a number of critical areas for government and corporate law departments, such as outside counsel cost control, upgrading technology and organization and reengineering process. • Debevoise & Plimpton has promoted four new partners in its New York office, as of July 1. David Bernstein is a litigator and a member of the firm's intellectual property practice group. Paul Loughran works in the corporate department and the securities practice group. David Mason is a member of the tax department and the investment management group, and a specialist in executive compensation. Christopher Tahbaz is a litigator focusing on complex commercial litigation and consumer class action.
  • UK firm Watson Farley & Williams is to acquire the Singapore office of Sinclair Roche & Temperley for what has been described as "a substantial sum of money". The agreement is effective from September 1 1998. The move comes just a few months after Sinclair Roche & Temperley agreed an alliance with Singapore firm Colin Ng & Partners, intended to operate alongside its Singapore office.
  • With the increased use of subordinated debt in projects, lawyers are faced with novel negotiating situations. This article considers the problem areas. By Peter Avery of Clifford Chance, Tokyo
  • The US$1.52 billion financing for the expansion and modernization of Permex' Cadereyta Refinery in Mexico has been closed, the largest project financing to be completed in Latin America. Funding involves a US$370.3 million bond offering, US$804.8 million loans from commercial banks and US$346 million loans from Kreditanstalt fur Wiederafbau. The project sponsors are SK Engineering and Construction, from Korea, Siemens, from Germany, and Grupo Tribasa, from Mexico.
  • Sakhalin Energy Investment Company, a Bermuda company owned by Marathon Oil Company, Mitsui & Co, Shell Petroleum and Mitsubishi Corporation has entered a production sharing agreement with the Russian Federation. The agreement gives Sakhalin the right to develop the Piltun-Astokhskoye oil and gas field and the Lunskoye gas field, located offshore Sakhalin Island, for 25 years. The cost of the financing of the first phase of the development of the Piltun-Astokhskoye field is approximately US$733 million, with US$385 million in equity and US$348 million in loans from the European Bank for Reconstruction and Development (EBRD), the Overseas Private Investment Corporation (OPIC), and the Export-Import Bank of Japan (J-EXIM). Each of the lenders will provide US$116 million. In-house counsel from Sakhalin (Larry Zielke, Scott Zander and Alexander Golubnichy), from Shell (Robert Pritt) and from Marathon Oil (Jim Murphy, Rick Kolencik and David Feldwisch) worked on the deal. Coudert Brothers represented Sachalin, with partners Peter O'Driscoll (project finance) and John Sheedy (Russian law and project finance) leading the team from London and New York.
  • New York-based LeBoeuf Lamb Greene & MacRae has announced the opening of two new foreign offices, in Paris and Sao Paulo. In Paris, LeBoeuf has taken over the French practice of Donovan Leisure Newton & Irvine. Donovan has been struggling for survival since Californian rival Orrick Herrington & Sutcliffe poached two-thirds of its lawyers in April, after an unsuccessful attempt to merge. James Johnson, managing partner of LeBoeuf's London office comments: "Donovan's disruption provided us with a great opportunity to get a fine office, already familiar with an American firm, and lawyers which many of us already knew." Former Donovan partners René de Monseignat, Alain de Foucaud and Reid Feldman have been made partners in LeBoeuf, with Laurent Moury and Olivier Laude joining as counsel. US partner Douglas Hawes will move to Paris to organize the integration of the office into LeBoeuf's international network. The office will also have eight associates and it will maintain its specialization in the pharmaceutical and biotechnology industries. Deputy managing partner of the office, Alain de Foucaud, explains: "LeBoeuf is an important firm with a solid reputation in the US, and was willing to expand across Europe and internationally. The team of avocats has worked together for the past three years and we wanted to keep it intact and preserve our culture. It is easier this way because there are fewer changes both for the clients and for our lawyers." In Sao Paulo, local firm Tavares Guerreiro Advogados has affiliated with LeBoeuf.
  • New legislation in Australia removes doubts as to the enforceability of netting in insolvency. It should boost local financial institutions. By John Stumbles and Edward Kerr of Mallesons Stephen Jaques, Sydney
  • On June 4 1998, Commissioner Karel Van Miert signed an agreement between the EU and the US on the application of positive comity principles in the enforcement of their competition laws. The Positive Comity Agreement provides that where a party is adversely affected by anti-competitive behaviour in the other's territory, it may request that other party to take appropriate action. The Agreement also provides that the parties may agree that the party requesting enforcement will defer or suspend its enforcement proceedings over the anti-competitive practice while it is investigated by the other party.