Crime/Fraud/Legal/Investigations/Inquiries:
Kirk Kerkorian resumes back in court on Dailmer-Chrystler merger [legal]
GM wants billions from Renault-Nissan as price of alliance [legal]
Bioval demanded a Bank of America analyst be punished for “sell” rating [legal]
SEC tells lawmakers it is concerned about insider trading at hedge funds [legal]
H-P’s investigators made many attempts to get director George Keyworth’s cell phone records [legal]
Judge excludes AMD’s foreign commerce claims in suit against Intel [legal]
Citigroup trader pleads guilty [legal]
SEC investigating Pirate Capital [legal]
Mutual fund manager sued by AG Spitzer over trades [legal]
M&A: [? = not yet closed, problems with the deal, lingering questions, etc.]
Germans raise bid for Spanish utility following counter-offer
Warner Music + EMI:?
Volkswagon tells MAN to drop its id for Scania
Lions Gate hostile bid for Image Entertainment getting nasty
Vivendi Universal and Deutsche Telekom still fighting for control of Polska Telefonia Cyfrowa, a Polish mobile operator
Barrick still chasing Novagold
Woolworth picks up 10% of Warehouse Group
For Sale/ LBOs/ Going Private/ Auctions/ Offerings:
Danaher may join bidding for Vision Systems [Auction]
Crow Holdings sells$2.2 billion of its properties to G.E. Real Estate. [Sold]
Millenium wins Anormed auction [Sold]
Aer Lingus prices IPO [IPO]
Money Raising:
Intel commits $40M to Chinese startup [$$]
Goldman pours $18M into GridPoint’s $21M funding round [$$]
People & Moves:
Australian pols call for ouster of Telestra chief following a dispute between the government and company [CEO]
Shaper Image CEO tossed overboard [CEO]
Third Point calls for oust of Nabi Biopharmaceuticals Chief Executive Thomas McLain [CEO]
Miscellaneous:
Citigroup tops league tables for European deal; Goldman slides to second place [League tables]
Citigroup also tops league tables for capital markets and bond bookrunning [League tables]
KKR set to announce biggest buyout fund ever [Private equity]
LBO flood lifts cost of borrowing in Australia [LBO]
Wall Street bigs plan electronic trading platform for big block trades [Trading]
New York City’s Economic Development Corporation hires McKinsey & Company to compare the strengths and weaknesses of NYC and Londong’s financial service sectors [IPOs]
Archive for September 2006
Canada’s slipping on the world stage, WEF study shows (Globe & Mail)
Even with the commodities boom, and investors around the world converting their Dollars into Loonies so that they can invest in Alberta Oil Sands, Canada is in a long slow downward drift in terms of economic competitiveness. According to the World Economic Forum, Canada has fallen to 16th place from 13th place last year, and on a related survey that looks at business competitiveness, the country is in 15th. Of course, the country is still extremely rich by global standards, though people cite the chief reason for this as its proximity to the US. Then again, there must be something more, since it doesn’t seem to do a whole lot for Mexico. The US owns the #1 spot for business competitiveness year after year.
GM reportedly demands billions for tie-up (WSJ)
GM apparently has some self-image issues. It wakes up every morning and brushes its teeth while looking in a rose-tinted, slimming mirror. How else to explain the fact that the company reportedly wants billions to join a Nissan/Renault alliance. Sure GM is big, but nobody would be foolish enough to confuse size with stature. We’re not saying it needs Nissan or Renault, but it certainly looks like the more desperate party in all of this, and it’s really unlikely that Team Ghosn will shell out billions to have GM join it.
Qwest Beats the Odds, So Far (NYT)
Last year, when Qwest was competing with Verizon to buy the re-formed MCI, there was not amount of money that it could offer that would would convince MCI shareholders that it was the superior choice. Everyone assumed that this was a desperate last flail from a company that had no future. Either it would go bankrupt itself one day, or it would be force to sell off too many assets. But, the Times brings our attention back to the company and finds that it’s doing ok, socking away cash, cutting costs, and making a modest profit on a wireless reseller agreement that it has with Sprint. Now the company is trying to figure out what to do with its mountain of cash. It may buy a competitor, or perhaps it will send some cash the way of the shareholders. That being said, it’s not like Qwest is out of the woodwork or anything. There’s some major upheaval going on in its industry, and Qwest doesn’t seem particularly well suited to thrive in it. But, it’s done alright so far, and it’ll be interesting to see how long it can play its luck.
Vioxx Is Cleared in Heart Attack (Bloomberg)
Chalk another one up for Merck. The company had two things going for it in this trial. For one thing, the plaintiff isn’t dead. Yes, it sucks to have a heart attack, and there were probably a lot of medical bills and associated anguish. But it’s hard to get the full sympathy of the jury if your wife isn’t a widow, and your children aren’t half-orphaned. Here you are, standing there, plainly alive for everyone to see. The other factor in Merck’s benefit was that the man started using Vioxx after the company put a stronger warning label on the bottle, suggesting that the pills may increase the possibility of a heart attack. This was the first such case, and it’s going to be hard for any of the post- warning label plaintiffs to argue that the company was still acting irresponsibly at that point.
Report: Chrysler could sell cars made by China’s Chery in U.S. (AP)
Would any red-blooded American drive around a Chery? Probably not; that’s why Daimler is in talks with the Chinese automaker to license one of its small, fuel-efficient models for sale in the US under the Chrysler name. Remember, Chery is the company that had been sued by GM for design piracy. It was only a matter of time before Chinese cars started hitting US streets. In general, there’s nothing pathetic about the emergence of the Chinese auto industry on American shores, and we’re not worried about the trade implications. But the fact that the American makers got caught so badly on the opposite side of trends — totally failing to anticipate any meaningful demand for fuel-efficient cars — and have to go out and license brands from upstart Chinese makers is a bit pathetic. And just in case you thought trade with China was getting to one-sided, Toys R Us is looking to open its first store in the country later this year.
Oil Falls Below $60 on Iran Talks, BP Plan to Restart Prudhoe (Bloomberg)
Whatever you think about the Iran situation — whether you think we should pursue a diplomatic solution or the bomb — we can all agree that it’s hard to put too much faith in what the country’s president has to say. He obviously wants Iran to have a nuclear program, and as an ideologue, it’s unlikely that any diplomacy he enters into will be done in good faith. Yet, ostensibly, the oil markets buy it hook-line-and-sinker, as price per barrel drop every time he says something about wanting to restart talks. So gullible. One analyst says the “Iran premium” has completely evaporated. Maybe. Or, we could just be heading into a recession, and demand for commodities is slowing. But it’s Monday, we can choose to look on the bright side.
Morgenson: blowing hot air on natural gas (Ideoblog)
One of our favorite weekend readings is Larry Ribstein’s weekly critique of the most latest Gretchen Morgenson column. The Time’s Gretchen Morgenson has the unfortunate combination of being singularly obsessed with a topic about which she’s poorly informed, or, at least open to a lot of criticism (we’ll opt with the former, but we’re hedging in case we run into her at a party). Typically, she writes about the evils of high CEO pay (snooze button please). But, in the wake of Amaranth, she uses the opportunity to agitate for more oversight and more regulations (duh). And she’s not averse to using some misleading hyperbole either. Ribstein accurately susses out the worst line “…as last week’s implosion of Amaranth shows, Enron’s’ troubling legacy lives on”. Ugh. It’s really not an exaggeration to say that there are many who want to criminalize failure. That’s a cliche, but an accurate one. If the Gretchen Morgenson’s of the world really set policy, any bankruptcy or loss of money would probably be a crime — or at least presumed to be one. We should be grateful she’s consigned to the Times, and that the paper of record’s influence is on the wane.
Inco backs all-cash takeover by Brazil’s CVRD (Globe & Mail)
This was pretty much expected. Nickel miner Inco has recommended to shareholders that they accept a buyout offer from Brazilian copper miner CVRD. After a pitched battle between CVRD, TeckCominco, and PhelpsDodge, CVRD remained the last mine standing. And after a month of looking in vain for an even more hostile bid to save it from CVRD, Inco relented. The finaly buyout price stands at $19.4 million.
$$$It’s like we’ve always said: Millionaires = poor people. [DealBook]
$$$Sell on Rosh Hashana, buy on Yom Kippur, then party like it’s 5767 by blowing that hard earned cash on a limo full of strippers and a bottle of Manischewitz’s finest– nothing before 5750. [Seeking Alpha]
$$$Let out your inner B ‘n T: Two Bankers in North Jersey looking for 3rd tonight. [Craigslist]
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Hewlett-Packard
Even Doner: Hewlett-Packard’s Patricia Dunn Off the Board of Directors
By John Carney
The story just flashed up at the Wall Street Journal. Patricia Dunn is not only stepping down as chairman, she’s off the board. As of now.
Hewlett-Packard said Patricia Dunn has resigned as chairman and board member, effective immediately, in the wake of the company’s ill-fated investigation of media leaks. She will be replaced as chairman by Chief Executive Mark Hurd…
H-P had earlier said Ms. Dunn, who authorized the leak investigation, would step down from the chair in January and be replaced by Mr. Hurd, but remain a member of the board.
H-P Chairman Dunn Resigns In Wake of Media-Leak Probe [Wall Street Journal]
Like obituaries, the business pages used to be the sort of place you stored reporters who were hitting the bottle a little too hard. They couldn’t cause too much trouble there, the job was mostly just reporting from press releases, and nobody read anything from the business section besides the stock quotes anyway.
These days, however, the financial press takes itself a bit more seriously. The various financial news organizations compete for stories, pride themselves on scoops, and practice habits they picked up from other journalists—like fact checking. (Sometimes. Every now and then we feel like we’re back in the days of the gin soaked business hack calling his story in from the payphone Costello’s.)
But what’s the point of competing if you don’t have a winner? So today initiates our first ever DealBreaker Business Press Reader Poll. Here’s how it works. Every week we’ll take the biggest business story and ask which news organization covered it the best. Sometimes we’ll focus on the wires, sometimes on television, sometimes on the glossies. And sometimes we’ll mix it up.
Since this week was mostly about Amaranth that’s where we’re starting: Who Covered The Amaranth Meltdown Story The Best?
Amaranth has cancelled its cancelled recruiting presentation at the Chicago Graduate School of Business, according to a source. Even as Amaranth’s founder Nick Maounis said earlier today that he intends to keep the troubled hedge fund in business, there is widespread speculation that the fund may fold. Maounis acknowledged in a 12-minute conference call for investors that the fund has received many redemption notices, and rumors are circulating that fund employees have been emailing resumes and burning up phone lines looking to reach dry land before the fund sinks. The Chicago recruiting session was scheduled for Tuesday, according to our source.
Got any stories about recruiting season at your school? Send ‘em our way. Tips (at) dealbreaker (dot) com. Thanks!
Did you know that the 7,000 pound bronze bull at the end of Broadway—one of the now iconic symbols of Wall Street—was illegally placed in front of the New York Stock Exchange in 1989 by its maker, sculptor Arturo Di Modica? Or that he still owns the copyright covering the statute, and that it is merely on loan to the NYC Parks Department?
Neither did Wal-Mart, apparently. A lawsuit alleges that the chain has been infringing on Di Modica’s copyright by selling reproductions of the sculpture.
Wal-Mart Stores Inc., North Fork Bancorp and eight other companies were sued by the sculptor who created the “Charging Bull” statue near Wall Street for unfairly profiting from his copyrighted work.
Arturo Di Modica claimed the companies are selling knockoff copies of his sculpture or using images of the famous statue in ad campaigns without his permission, according to a lawsuit filed yesterday in Manhattan federal court.
There’s a sort of reassuring logic to the idea that one of the great symbols of capitalism is actually private property.
Wal-Mart, North Fork Sued Over Use of `Charging Bull’ [Bloomberg]
We noted earlier how the evolving story on Hewlett-Packard weird, paranoid and possibly illegal investigation into leaks is itself now being driven by leaks. The New York Times has reported stories based on “people briefed on the internal investigation” and other insiders. The Washington Post is reporting on internal H-P emails. It seems every financial news organization now has a source inside the company.
Since this all started as a campaign to plug leaks at H-P, the flood of leaks is ironic. But is a highly logical sort of irony. If you are an insider at H-P, you probably now have nothing to fear from leaking. There is zero chance the company is now going to launch any kind of thorough investigation to discover these leaks. It’s way too much trouble.
We wouldn’t be surprised to see widespread leaking from other companies as well, particularly those in the Bay Area. No one wants to be the next Hewlett-Packard, so no company will risk going to extraordinary lengths to find leakers. As the probability of getting caught leaking declines, the temptation to leak will only grow.
So, blame Hewlett-Packard if a new round of corporate whispering breaks out.
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Amaranth
Amaranth Meltdown: DealBreaker Reader Poll Blames Nick Maounis, Brian Hunter and Canada
By John CarneyThe buck is supposed to stop with guys at the top, according to more than a third of DealBreaker readers voting in our most recent Reader Poll. Thirty-seven percent of you said the blame for Amaranth’s meltdown should rest upon the shoulders of the fund’s founder, Nick Maounis. Brian Hunter, the man who ran the energy trades that landed the fund in hot water came in a distant second place, garnering just twenty-two percent of the votes, just ahead of Canada, which got twenty percent of the votes (presumably all coming from South Park fans).
After the jump, you can view the full results of the poll.
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Better Know A Trader
Better Know A Trader: Peter Milman, Independent Trader
By John CarneySponsored by Chicago Board Options Exchange
An independent trader with Schonfeld and Co., Peter Milman agreed to be the first subject of DealBreaker’s new Better Know A Banker feature. We will run one of these a week. If you think you’d make a good subject, or want to nominate someone else, please email us at tips (at) dealbreaker (dot) com (subject line: “Better Know A Banker”). Here Peter talks about what he does, how he got started and the best way to learn the skills of a successful trader.
In Bonfire of the Vanities, Sherman McCoy attempts to explain to his four-year-old daughter what he does for a living. How would you explain to a four-year-old what you do?
Hmmmm. I work on wall street, investing in different companies on a daily basis, buying and selling shares of the company.
How did you get your first job in finance?
After graduating business school, I wanted to trade the markets, and I was lucky enough to get a loan from my brother who was employed in the finance field as a trader.
If you were starting out in your career now, where would you want to work?
I would want to work at a top hedge fund, having unlimited capital to work with and access to the best information on the street.
What is your favorite career accomplishment/best trade ever?
April 4th, 2000. Best day of all time. [Editorial note: One of the busiest trading days in Wall Street history, when the the NASDAQ crashed 574-points or 13.5 percent and then made an almost total recovery.]
Who are your heroes or role models, fictional or real?
Role model? My dad, he’s hysterical.
What is the most important quality a trader should have?
It’s many qualities put together. But if I had to put down just one: focus.
What is the worst character fault for a trader?
Stubborness, being opinionated and arrogance.
Tell us about the lowest of low points, the time you thought should just give it all up and take a simpler, easier job?
2004 was a bad year for me. I had to relearn to trade. My style was not working and I needed to say no to my old style and start again with new ideas. It was changing styles that was the hardest for me.
What job would you have taken?
If I quit I would look to work for a hedge fund or a big brokerage on the street.
What’s your ‘exit strategy’—how long until you retire or move on?
Good question. Sometimes I feel like I want to move on asap, but I’m learning to trade only when markets are moving, with volume, otherwise stay away. I’ve been able to survive these markets and I believe that at some point they will turn around for the better, and I will be right on ‘em.
What is your motto?
It’s never too expensive to buy and never to cheap to sell.
Whose teachings are more useful in your business—Machiavelli, Sun Tzu, Jesus Christ or Marquis de Sade? (Feel free to nominate another choice.)
You have to teach yourself through trial and error.
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You know what they say: You can’t choose your family, but you can choose your financial planner. Or something like that. One of the great things of being in charge of your money is choosing who (if anyone) will help you manage it. The choice isn’t always an easy one. How will you know that your planner is reputable and trustworthy?
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Sponsored Content
SoFi Answers the Call to Refinance Student Loans and Provides Unique Community Benefits
This is a guest post written by SoFi’s CEO, Mike Cagney.
CLICK HERE TO READ THE FULL ARTICLE
Recently, there’s been a lot of talk amongst leaders in Washington about how to improve the painful process of repaying student loans. At SoFi, we feel your pain and work hard to offer more flexible, more affordable options for our borrowers. One idea that’s getting a lot of attention is increasing the options for refinancing debt after graduation. The only lender currently focused on refinancing private and federal student loans is SoFi.
We recognized early on that borrowers who have made timely payments on their loans, graduated from school, and have a job should be able to refinance their student loans at a lower interest rate. This may be why, after resuming lending by invitation, the media became increasingly interested in what we are doing.
In a recent article posted on MainStreet.com SoFi General Counsel Rob Lavet had this to say about SoFi’s ReFi products: Read more »
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