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  • The Italian government has sold 44.7% of its stake in Telecom Italia. The US$13 billion deal included a private offering of US$3.1 billion to stable shareholders and an offering of $US10 million in the international and Italian markets, including an SEC registered public offering in the US. Davis, Polk & Wardwell advised Telecom Italia. Partner Patrick Kenadjian led the team from the Frankfurt office. Of counsel Jeffrey Oakes advised on securities and capital markets matters from London.
  • US firm Covington & Burling and French firm August & Debousy have entered into an exclusive cooperation agreement. The announcement, made in Paris this month, followed the approval of the exclusive referral relationship licence by the French Bar earlier in the year. The arrangement is part of a growing international strategy for the firms. "It was a joint initiative," says Jonathan Blake, partner at Covington & Burling in Washington. "We knew each other previously through working for the same clients. It was the natural outgrowth of personal and professional relationships." Covington & Burling has already had US lawyers working in August & Debousy's Paris office. Covington also has foreign offices in London and Brussels.
  • Despite confusion created by a speech made to the IBA by a leading Japanese lawyer, it is clear that reforms to the Japanese legal market will not enable international firms to hire Japanese lawyers (bengoshi). Foreign firms in Japan have been lobbying the ministry of justice commission to fully liberalize the legal system, and the decision to continue restrictions on foreign firms in Tokyo has been greeted with disappointment. Toshiro Nishimura, name partner of Nishimura & Partners and member of the ministry of justice commission, caused the confusion when speaking of the advancement of partnerships between Japanese and international firms. However, he has since clarified that he was referring to the decision to relax the rules on joint enterprises. The few firms which work in a joint enterprise will now be able to work on all areas of international law, including litigation. Work on any domestic law is still forbidden. Nishimura claims the reforms will be beneficial to foreign firms. He says: "I expect the number of firms with cooperation pacts to rise, this should be an incentive for firms."
  • With the globalization of financial services, New York law firms are adapting their approach for a global market. But traditional relationships remain strong. Richard Forster reports
  • On October 3 1997, the Commission published a draft Notice on the definition of relevant markets for the purposes of Community competition law. This text is not expected to be amended very substantially.
  • The German government has launched a three-pronged initiative aimed at overhauling Germany’s antitrust law and making it Euro-compatible. By Wolfgang von Meibom and Jan Byok of Wessing Berenberg-Gossler Zimmermann Lange, Düsseldorf
  • The Federal Banking Commission (FBC) plans to approve the first hedge fund domiciled in Switzerland in its November 1997 session. Since the FBC approved in its February session this year the first two foreign hedge funds for public marketing and distribution in and from Switzerland, it appears the Swiss investment fund market has gained momentum. The new hedge fund scheduled to be approved is a fund of funds, predominantly investing its assets in offshore hedge funds, whereas the first two foreign hedge funds already approved were Irish investment funds using alternative investment techniques and instruments.
  • For the first time, the decision of a regulator relating to modifications of a utility's licence has been successfully challenged on the basis that the regulator acted irrationally.
  • Because Swedish statutory provisions on guarantees date from 1734, court practice has a decisive influence on guarantees under Swedish law.
  • The Russian government has enacted ambitious new legislation designed to strengthen the enforcement of judicial orders. The new rules are to apply to orders issued by all Russian general courts, the Constitutional Court, the Supreme Court, the High Arbitration Court, all arbitration courts and foreign courts, as well as orders of certain other government bodies. At present, Russia's Civil Procedural Code, and the procedural rules of the various court systems, govern enforcement procedures, including the conversion and seizure of property to satisfy court judgments. In the emerging Russian market economy, identifying, seizing, and converting assets under a court order is often tedious, time-consuming and expensive. Results vary widely. Officials themselves concede that enforcement practices are weak. The new legislation seeks to address these problems by enforcing compliance with court orders and government decisions and clamping down on delinquent debtors.