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  • US Reits are looking in a new direction The largest joint venture between US and Canadian real estate investment trusts (Reits) took full advantage of the US Reit Diversification and Empowerment Act 2007 (Ridea). The transaction saw US Health Care Reit (HCN) and Canadian Chartwell Senior Housing Reit partner in a $952 million acquisition of 42 Canadian senior housing and care communities from Maestro Residences Retirement Funds.
  • A new refinancing model for European companies has been established by ONO's multi-stage refinancing programme.
  • UK white collar prosecutors look set to receive a new enforcement tool following the Ministry of Justice's consultation (the Consultation) on deferred prosecution agreements (DPA), which closed last month.
  • The template will work, but not as a panacea European Market Infrastructure Regulation (Emir) has regulators preoccupied with improving central counterparties (CCPs) systemic risk management. Iosco's recent consultation and LCH Clearnet's newly-launched clearing service could provide a CCP resolution template.
  • Africa's biggest project financing has closed after six years and has showcased a never-seen-before capital structure. The Mostorod refinery delivered an engineering, procurement and construction (EPC) contract robust enough to avoid the need for completion guarantees.
  • Bite-sized deals are needed to kickstart Vietnamese PPPs While public-private partnerships (PPPs) have been popular throughout Southeast Asia, they haven't taken off in Vietnam – despite the country's desperate need for infrastructure. Vietnam's preferred structure for project financings to-date has been the build-operate-transfer (BOT) model, which has been encouraged by local ministries such as the Ministry of Industry and Trade (MOIT). Though the BOT framework has existed for over 10 years, few projects have reached the financing stage. Mong Duong II closed in 2011, representing the first BOT to close in Vietnam since 2004.
  • US antitrust law poses a higher threat to overseas companies following a recent appellate court decision that overturned precedent. More extraterritorial class action civil suits and higher fines are expected.
  • Investigations into South Korea’s CD rate-setting prompted the country’s FSC to introduce the Cofix benchmark for short-term lending rates. But there are issues with Cofix setting too
  • The UK Takeover Panel has published a consultation paper on new proposals to extend the jurisdiction of the UK Takeover Code to cover all public companies with registered offices in the UK, the Channel Islands or the Isle of Man. If brought in, the plans are set to have a wide impact.
  • Michael Barz, SNR Denton Christopher Shoff, Cooley David Hernand, Cooley Capital markets practices are flourishing and it's been a strong summer for lateral hiring in this space, particularly for SNR DENTON. In the first week of August, the firm lured Kenneth Wright from Skadden Arps Slate Meagher & Flom to its New York office. In the same week the firm also announced the hiring of Michael Barz, formerly of DLA Piper, as a partner in its business transactions practice in New York.