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Legal market overview
Disappointing GDP figures have led to further austerity measures being implemented by the Slovenian government as it attempts to ease the strain on local businesses and banks. As more companies slip towards bankruptcy, law firms have been increasingly active in debt restructuring and litigation mandates. Aside from the ongoing acquisition of Mercator by Agrokor, significant M&A transactions remain at a low level. Pensions, labour and tax law reforms are a potential course of action for the government, and could help reignite the interest of foreign investors. Other possible avenues to growth include distressed banks looking to sell shares that were acquired during bankruptcy proceedings; and the possibility of future privatisations.
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On 12 April 2013, Slovenia's new Employment Relationship Act ( Zakon o delovnih razmerjih ; " ERA-1 ") and the Act on the Amendments to the Labour Market Regulation Act ( Zakon o spremembah in dopolnitvah Zakona o urejanju trga dela ; " ZUTD-A ") entered into force, introducing labour market reforms as a result of long-lasting negotiations among the country's social partners. The reforms aim to establish (maintain) adequate protection of workers and their employment relationships by simultaneously implementing more effective and flexible means of adapting to current market conditions (thus reducing labour market segmentation and increasing the flexibility of employment relationships).
The start of 2013 was marked by the long-awaited introduction of a new antitrust authority - the Competition Protection Agency - which will be led by Andrej Krašek. The internal organisation of the agency differs from the structure of the Competition Protection Office (for further information please see "Competition authority reorganised: finally, again and forthe last time?"). The senate and the president of the senate will be responsible for adopting decisions in individual cases and the agency will be run by the director and the council. The agency has been reinforced with 13 employees from other ministries and public bodies, which should enable quicker resolution of proceedings.
This guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of the laws and regulations of mergers and acquisitions. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Mergers & Acquisitions; published by Global Legal Group Ltd, London. www.iclg.co.uk.
This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London.
Implementation of the Directive 2005/56/EC on cross-border mergers has for the first time enabled Slovenian companies to merge with companies from other member states. But Slovenian courts have little practical experience with cross-border mergers.
Implementation of the Directive 2005/56/EC on cross-border mergers has for the first time enabled Slovenian companies to merge with companies from other mem-ber states. But Slovenian courts have little practical experience with cross-border mergers. And the complex interaction of the relatively newly harmonised EC legisla-tion and the older local rules requires a sound knowledge of both regimes. It is particularly important to know how the local rules are applied in practice.
The Slovenian legislation includes the following types of in rem securities relating to: (i) real properties – mortgage (hipoteka), land debt (zemljiški dolg), real encumbrance (stvarno breme); and (ii) movables and property rights, respectively – pledge (zastavna pravica), retention of title (pridržek lastninske pravice), transfers by way of security (prenos v zavarovanje), and assignment by way of security (odstop v zavarovanje).
A practical cross-border insight into business crime
The Competition Protection Office recently initiated ex officio merger control pro-ceedings against the Federation of Slovenian Retired Persons' Societies. According to the office, the federation had acquired control over Vzajemna Zdravstvena zava-rovalnica dvz, a Slovenian mutual health insurance company, but failed to notify the concentration within the statutory 30-day time limit.
A practical insight to cross-border Mergers and Acquisitions.
Stamford Law advised Jurong Consultants Pte Ltd, a party in the Banyan Caverns Storage Services Pte Ltd ( BCSS ) consortium, in a successful joint venture bid to operate the Jurong Rock Caverns. The operatorship of South East Asia's first subterranean hydrocarbon storage facility will be for a period of 15 years and has a contractual value of about S$200 million.
Attorney and Partner Søren Stenderup Jensen has written an article about the Danish Government's new resource strategy "Denmark without waste" in the recent edition of ILO's newsletter on environmental law.- Plesner
Stamford Law successfully appealed in the Singapore Court of Appeal against a High Court judgment which held the main contractor solely liable in negligence for the collapse of a crane into a concealed manhole at a worksite in 2010, with the Court of Appeal apportioning 40% of liability in negligence to the subcontractor. The Court of Appeal's judgment clarified important issues of law pertaining to the legal responsibility for worksite safety, the relationship between the statutory framework of the Work Safety and Health Act (Cap 354A) and common law duties, and the applicable standard of care.
Stamford Law advised Tuaspring Pte. Ltd. (a wholly-owned subsidiary of Hyflux Ltd) in the S$720 million 18-year term loan facility to fund the development of Singapore's second and largest reverse osmosis desalination plant and integrated on-site power generation plant.
Stamford Law advised Kim Heng Offshore & Marine Holdings Limited on its initial public offering and listing on the Catalist board of the SGX-ST. Based in Singapore, Kim Heng is an established integrated offshore and marine value chain services provider for the oil & gas industry. Based on the invitation price of S$0.25, Kim Heng is valued at S$177.5 million post-offering.
Stamford Law acted as Singapore counsel to Bain Capital Partners LLC in its US$501 million offer to buy all shares of Macromill Inc., a Japanese online market research company listed on the Tokyo Stock Exchange which has Yahoo Japan Corporation as its biggest shareholder. Under the terms of the offer, Bain Capital will buy up to 65.4 million shares at 786 yen per Macromill share. Bain Capital is a private investment firm based in Boston, USA with more than US$70 billion in assets. Ropes & Gray (Tokyo) and Mori Hamada & Matsumoto are advising Bain Capital and TMI Associates is advising Macromill.
As part of Stamford Law's corporate responsibility initiatives, lawyers are encouraged to take on pro bono legal representations on a case-by-case basis.
Stamford Law is pleased to announce that our market-leading corporate practice has been ranked 2 nd amongst Singapore firms by Mergermarket for M&A activity by value within Q1-Q4 2013 in the Southeast Asia region. The firm's practice has a sizeable lead of $1.81 billion over the next Singapore firm on the league table.
Stamford Law is advising AVIC International Kairong Limited on the share acquisition and the implementation of a general offer for 39,762,858 shares of KHD Humboldt Wedag International AG which are listed on the regulated market of the Frankfurt Stock Exchange. The offer values KHD at over EUR 320 million.
Stamford Law represented the Rickmers Trust Management Pte. Ltd., Trustee-Manager of Mainboard-listed Rickmers Maritime (a business trust), in the establishment of its S$300 million multicurrency medium term note programme. DBS Bank Ltd. and The Hongkong and Shanghai Banking Corporation acted as joint arrangers and dealers of the programme.