Remember how insider trading is trading on material nonpublic information? Only how it’s not? Apparently it is in England! Someone found that out today.
I know, I’m soft on insider trading but hear me out. This is actually kind of screwed up.
First, a story. I used to work in a business that raised money for companies. Often when companies needed to raise money it was to do things like stave off rapidly impending doom, and the company would come to its bankers and ask “so, um, how’s that story going to play in the market?” And you’d answer something like “I don’t know but probably shitty?” And a way to make everyone feel better was a wall-crossed deal, in which the bank calls a few big potential buyers and says “would you buy this thing? at what price?” with the goal being to get the deal mostly done without freaking out the market – or, if that failed, to cancel the deal and move on to plan B also without freaking out the market.
Now in order to do this you needed to “wall cross” the potential investors by getting them to agree not to talk about the offering, or trade in the company’s stock, until the offering became public or was abandoned. Why? Two reasons:
(1) A thing called Regulation FD makes it illegal for companies to tell some investors material things unless they either disclose it to everyone or get the investors to agree to keep it confidential and not trade on it.
(2) Also important! You did this whole wall-cross to avoid announcing your deal and freaking everybody out so they sell your stock. If you don’t get investors to agree not to trade, then they’ll probably sell your stock, so you’ve accomplished nothing except breaking the law a bit.
Now getting them to agree not to trade has a certain chicken-and-egg quality because getting a call from a bank saying “we need to lock you up on company X” is never a good sign (maybe rare exceptions). So the call would go like this: Read more »
According to the FSA, which imposed the £7.2 million fine for “inadvertently engaging in market abuse in connection with trading of Punch Taverns…the market abuse was not deliberate or reckless. Mr. Einhorn did not believe that the information that he had received was inside information and he did not intend to commit market abuse.” Sayeth Einhorn: Read more »
So hard for it, honey. (So you better treat him right, 2012.) Read more »
In related news, cat got your tongue? Read more »
October performance. Read more »
If you’re jammed and don’t have time for that, just skip to the last slide to check out David Einhorn’s breathtaking foam artistry:
Otherwise, proceed. Read more »
The Mets deal is off. Read more »
“For the month of July, Greenlight Capital Offshore returned 1.1% (net of all fees and expenses).”
The Mets’ deal to sell a minority stake in the team for $200 million to David Einhorn, a hedge fund manager, is finished except for completing the deal’s paperwork, said one person briefed on the sale. [NYT, earlier]
At the end of May, it was announced that David Einhorn would pay $200 million for a 33 percent stake in the Mets. The deal appeared to be a win/win for both parties, Einhorn being a lifelong Mets (/Brewers) fan and the ball club’s finances getting to the point where they were considering passing around a collection plate during games. Seven weeks later a contract is yet to be signed, the sticking point seeming to be what percentage the Greenlight Capital founder will be able to increase his stake to, when, and for how much. While the negotiations remain open, people familiar with the matter stress that “Einhorn considers the deal on track” and for their part, The Mets said in a statement “We are in exclusive negotiations with David Einhorn and continue to have positive and productive discussions regarding David’s ongoing interest in an investment in the Mets.” Which is why it was interesting to hear that the management has been running around town with not one but three more potential suitors and then leaking it to the press in some sad sack attempt to get Einhorn to put a ring on it A-sap. Read more »
Someone must be wearing his lucky sweatshirt. Read more »