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  • On March 3 2017, the bills for amending the Financial Instruments and Exchange Act (the Amendment Bills) were submitted to the Diet. They set out some basic rules surrounding the fair disclosure rule, the introduction of which is in line with an international trend – the US and EU have already introduced similar disclosure rules. The main purpose of the fair disclosure rule is to ensure that when a company provides inside information to a third party before its public disclosure, such information is also provided to other investors.
  • The reappearance of commercial real estate transactions has been facilitated by an increasingly flexible regulatory regime and favourable macroeconomic conditions
  • In many cases, what's ethical isn't economically viable – the opposite rings true as well. But sometimes it's in the economic interest of everyone involved to act ethically and take the road less travelled. And it would appear that when fossil fuels are involved, this is more pertinent in Norway and the Netherlands than in the US.
  • Meredith Mackey Headlining US news has been the relocation of three different teams.
  • If an investment bank facilitates the meeting of a fund manager and a company it is possibly interested in investing in, should the investment bank be paid for that? And who should pay for it, the company receiving the investment, the fund manager doing the investing, or the client whose money is being invested? What about if the bank isn't really involved in the meeting – it's just arranging the logistics and maybe booking a taxi? Is that different from a full-fledged tour of the farm? And how much should it cost?
  • Xiao Yong Rose Zhu In Australia, former Allens chief executive partner Michael Rose, started a new Sydney-based role as special adviser with KPMG, providing the firm's leadership teams with insights supporting growth initiatives. MINTERELLISON bolstered its M&A practice by bringing in Perth-based partner, Paul Shillington, who was previously chief legal officer and corporate secretary at Geneva-based Oryx Petroleum, and PINSENT MASONS launched its flexible lawyering service–a disruptive innovation in the form of alternative legal services – Vario in Australia, its first move outside the UK.
  • Technology for technology’s sake won’t help address the current business puzzles financial institutions face, nor will it solve regulatory challenges in the EU
  • The Irish Court of Appeal has recently confirmed that the sale of a bare right of action to litigate in the Irish courts is invalid under Irish law (SPV Optimal SUS v HSBC Institutional Trust Services (Ireland) (2017)). This may be unwelcome news for particular sectors of the distressed debt market. However, the decision will be welcomed by depositaries, managers and other fund service providers. Further, it is clear that the decision has no impact on the regular market for the transfer of loan portfolios and other debt (for example, as part of collaterised loan obligation deals).
  • On April 5 2017, the Brazilian Securities Commission (CVM) enacted a new regulation that could enhance the country's equity and capital markets, which have been severely impacted by the recent economic and institutional turmoil.
  • A recent UK Supreme Court judgment has confirmed that when interpreting a contract, the wider context in which it was agreed should always be considered