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  • A year ago Austria seemed about to experience the fusionsfieber seen in neighbouring Germany during the nineties. Instead, many people have gone cold on the idea of making international links. Ben Maiden reports on why the revolution has been put on hold
  • Orrick, Herrington & Sutcliffe has acted on a mortgage-backed securitization that has enabled an Australian originator to access US money markets for the first time.
  • Commissioner Laura Unger, who this October announced plans to leave the US Securities and Exchange Commission (SEC) by the end of 2001, says she is prepared to stay on until new commissioners are appointed.
  • Morrison & Foerster (MoFo) has advised the Chinese authorities on the creation of a framework for venture capital investment inside China. The Californian firm approached the Ministry of Foreign Trade and Economic Cooperation (Moftec), one of three agencies involved in drafting the new rules, when it learned that plans were afoot to allow Chinese companies to more easily solicit venture investment from foreign funds.
  • US legislators have granted the Securities and Exchange Commission (SEC) increased powers to respond to terrorist attacks or other emergencies. On October 12 the House Financial Services Committee voted to increase the length of time the Commission can waive regulations in response to a crisis.
  • Philip Rapp and Lee Taylor of Clifford Chance, Singapore, and Vincent Mignon of Heidelberger Zement Group, analyze the company’s recent complex investment in Indocement
  • A recent study (October 2001) of takeover bids for Canadian targets has produced some interesting results. The survey looked at 75 announced bids since Justice Blair gave judicial approval for the use of breakup fees (also known as break fees) as bid inducements in the contest for WIC Western International Communications in early 1998.
  • Like China, Russia is keen to entice offshore venture capital and private equity onshore. Daniel Gogek of Lovells, Moscow, explains the steps it is taking and how far it has to go
  • The Australian Stock Exchange (ASX) is proposing to amend the provisions in its listing rules related to foreign exempt companies. The advantage of foreign exempt status is that companies that satisfy the requirements are not subject to most of the ASX's listing rules. The proposed changes will dramatically raise the threshold for admission into the foreign exempt category. This will have serious consequences for a number of New Zealand companies that are already listed on the ASX as foreign exempt.
  • The Product Liability Act (PLA) is expected to come into force in July 2002. However, a recent court ruling should alert consumer product manufacturers and distributors in Korea about product liability risks even before the PLA comes into force. The case concerned a tort claim for injuries from a sudden acceleration incident involving an automatic transmission automobile. The burden of proof on the alleged defect of the automobile in this case was shifted to the manufacturer, for the reason that the manufacturer has more detailed technical knowledge while the consumer is not expected to have the high level technology to test such product and would purely rely on the manufacturer. Until last year, in several similar reported cases, courts had ruled that the burden is on the claimants to prove alleged defects on the products.