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Baker & McKenzie Advises on First High Yield Bond Issue from Ukraine
Baker & McKenzie, London has acted as US, English and Ukrainian counsel to Myronivsky Hliboproduct on its US$250 million offering of 10.25% Senior Notes due 2011 and listing of the Notes on the London Stock Exchange.

Myronivsky Hliboproduct is the leading Ukrainian poultry producer and is one of the largest agro-industrial enterprises in Ukraine.

The transaction was structured as an offering of Notes by MHP S.A., a Luxembourg holding company, with upstream guarantees from the group's principal operating companies and pledges of proceeds loans for the benefit of Noteholders. The Notes contained high yield terms and conditions, including a high yield covenant package. The offering was made pursuant to Rule 144A and Regulation S.

Carter Brod, Capital Markets partner at Baker & McKenzie, said: “This was the first high yield offering from Ukraine and is an example of the recent expansion of high yield into emerging Europe. Previous eurobond offerings by Ukrainian companies have generally involved loan participation notes structures and hybrid bond terms and conditions.

“We are pleased to have acted on this landmark transaction, in which we were able to combine high yield expertise from our London office Capital Markets Group with sophisticated local law advice from our Kyiv office.”

The Baker & McKenzie London team comprised Capital Markets partners Carter Brod and Peter Magyar and associates Iryna Nagayets and Susannah Davies. The Baker & McKenzie Kyiv team comprised partner Serhiy Chorny and associates Glib Bondar and Mykola Stetsenko.

ABN AMRO and Morgan Stanley acted as joint lead managers and were advised by Freshfields Bruckhaus Deringer (English and US matters) and Shevchenko Didkovskiy & Partners (Ukrainian matters).

12-01-2006

Cleveland Bar Journal: The New Ohio Trust Code and Probate Avoidance
Cleveland retired partner Robert Brucken authored an article for the December issue of the Cleveland Bar Journal titled, "The New Ohio Trust Code and Probate Avoidance." Brucken is also co-chairman of the Joint Committee on Ohio Trust Code of the Ohio State Bar Association and Ohio Bankers League.

Brucken’s article focuses on the new Ohio Trust Code (OTC), adopted as Revised Code Title 58, which goes into effect on January 1, 2007. According to Brucken, "It provides yet another link in the chain that facilitates probate avoidance . . . Lawyers who counsel their clients on estate planning procedures even occasionally, or who need to understand such procedures in connection with the other legal needs of their clients, should welcome the new law and understand how it works."

Brucken goes on to detail the "additional tools for probate avoidance" provided for by OTC and recommends a number of estate planning tools which should be utilized by lawyers on behalf of their clients, including a durable power of attorney and a declaration of trust.

12-01-2006

Houston Business Journal: How Can a Company Avoid a Pregnancy Discrimination Charge?
Houston office Managing Partner Lisa Pennington authored an article for the December 1 edition of the Houston Business Journal titled, "How Can a Company Avoid a Pregnancy Discrimination Charge?"

In the article, Pennington summarizes the Pregnancy Discrimination Act, a 1978 amendment to Title VII of the Civil Rights Act of 1964 which bars discrimination on the basis of pregnancy, childbirth or related medical conditions, and offers advice on how to avoid potential discrimination by companies.

According to Pennington, "The key thing to remember is that pregnant employees must be treated like every other employee who is suffering from a temporary disability. They are not entitled to unlimited leave, poor performance or higher absenteeism."

Pennington continues, "Employers are not responsible for providing breaks for breast feeding, nor are they required to create special rooms for that purpose unless they provide similar types of accommodations for other temporarily disabled employees."

Pennington advises that "the most important way to avoid claims is to train managers and other decision-makers about their obligations in these matters . . . In many cases, meeting with the employee to explain whether or not they have qualified for Family Medical Leave and the manager's expectations as to performance could prevent many misunderstandings."

12-01-2006

Ulmer & Berne LLP Attorney Appointed to the Board of Directors of Court Community Service
Ulmer & Berne LLP announced today that one of its partners, Matthew J. Morelli, was recently appointed to the Board of Directors for Court Community Service (CCS).

CCS is a not-for-profit agency which coordinates community service work for adult offenders referred from the Cuyahoga County Common Pleas Court, Cleveland and other local municipal courts. Making every effort to be responsive to the courts and community, CCS manages an efficient system of quality alternative sentencing options for offenders through the successful evaluation and matching of referrals.

As an attorney with Ulmer & Berne, Mr. Morelli focuses on non-competition/trade secrets litigation, employment law and business litigation. He frequently represents companies throughout the United States in the pursuit and defense of emergency injunctive relief in non-competition/trade secrets litigation. He also counsels his clients on drafting employment agreements and designing procedures to protect their business information.

12-01-2006

Torys is awarded Mondaq's Contributor Most Read in Canada
Torys outdistanced strong Canada challengers in November, winning Mondaq's Contributor Most Read in Canada award.

Mondaq is one of the world's largest advisory content providers, publishing thousands of articles annually from more than 80 countries through its distribution network and its website, www.mondaq.com.

At the end of every month, for each country, Mondaq analyses its registered business readership statistics to determine which contributing author firms were read the most. All readership consists of real, identified individuals and no anonymous readers are included in the conferral of the award.

12-01-2006

Torys receives top-tier ranking in IFLR 1000: Guide to the World's Leading Financial Law Firms
Torys received the top-tier ranking in Euromoney Institutional Investor's IFLR 1000: Guide to the World's Leading Financial Law Firms.

12-01-2006

Torys: Top in Public-Private Partnerships
Chambers Global surveys report that Michael Feldman has “very strong technical skills,” which makes him adept at handling complicated financial transactions.

related practice areas
Public-Private Partnerships

12-01-2006

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