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December 5, 2021
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Opening Bell: 5.4.15

Charter interested in Time Warner; HSBC whistleblower not finished here; Berkshire will probably buy a German company; No $6 mm home run bonus for A-Rod; Toilet beards; and more.
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Charter Expresses Interest in Friendly Deal Talks With Time Warner Cable (WSJ)
Cable pioneer John Malone,—the chairman of Charter’s largest shareholder Liberty Broadband Corp.,—called Time Warner Cable Chief Executive Rob Marcus in recent days to express Charter’s interest in pursuing friendly deal talks, people familiar with the approach said. That is in contrast to the unsuccessful hostile takeover Charter pursued last year. The call from Mr. Malone came after Comcast Corp. recently walked away from a planned merger with TWC in the face of stiff regulatory resistance.

HSBC whistleblower Falciani says his work is not done: El Mundo (Reuters)
Herve Falciani, a former HSBC employee who leaked information on the bank's clients and tax situation, told Spanish newspaper El Mundo he had knowledge of other cases and could act again, adding his "work was not done". Falciani previously said that media leaks on HSBC accounts held in Switzerland, which unleashed a public storm around the British bank, were "only the tip of the iceberg", and that tax authorities had access to a lot more data. The former information technology worker at HSBC's Swiss subsidiary hinted in the interview published on Sunday that he could be moved to make more revelations.

A Milestone for Warren Buffett, and Profits for Investors (Reuters)
Net income rose to $5.16 billion, or $3,143 a share, from $4.71 billion, or $2,862 a share, a year earlier. Quarterly operating profit increased 20 percent to $4.24 billion, or $2,583 per share, from $3.53 billion, or $2,149. Analysts on average expected operating profit of about $2,373 a share, according to Thomson Reuters I/B/E/S. Revenue rose 7 percent to $48.64 billion. Book value per share, Mr. Buffett’s preferred measure of growth, rose 0.5 percent from year-end to $146,963.

Takeaways From the Berkshire Hathaway Annual Meeting (MoneyBeat)
Berkshire is eager to do a European deal: As he always does, Mr. Buffett extolled the virtues of America. But he let it be known he thought there may be bargains to be found in Europe and that “prices may be a little more attractive there than in the United States.” Berkshire hasn’t been wildly successful in finding companies to buy on the continent, but it did just do a small deal to acquire a German motorcycle apparel and accessories retailer. Mr. Buffett said he suspects that will bring in more opportunities. “I will predict we buy at least one German company in the next five years,” he said.

Report: Some beards as dirty as a toilet (PBP)
A group of men in New Mexico had their beards swabbed and tested for bacteria, and the results in some cases were a bit shocking, according to KOAT.com. Many of the beards tested had normal levels of bacteria, but others were comparable to toilets, the report said. The results were mind-blowing, said Quest Diagnostics microbiologist John Golobic, who tested the swabs. “Those are the types of things you'd find in (fecal matter),” Golobic said. “I'm usually not surprised and I was surprised by this.” Not all this is cause for alarm: the human body is alive with bacteria, many of it beneficial and not leading to disease, researchers say. And many surfaces we come in contact with daily, such as our office desks and toothbrushes, are also covered with bacteria. Still, KOAT.com reports, Golobic suggested thorough beard-scrubbing and lots of hand-washing, and to try to keep your hands away from your face.

Trading in Greek Government Bonds Slows to a Trickle (WSJ)
Only €2 million ($2.24 million) of Greek government bonds changed hands on the country’s HDAT electronic-trading platform in April, according to the latest data from the Bank of Greece. Last year, monthly volumes averaged €866 million. Not since the run-up to Greece’s 2012 default have volumes been so low.

Icahn Says BlackRock’s Fink Makes Fixing Bad Businesses Harder (Bloomberg)
BlackRock Inc.’s Laurence Fink is protecting underperforming executives with his campaign against activist investors, according to billionaire Carl Icahn. “You can’t get rid of these guys,” Icahn said, speaking in an interview on Sunday on the “Wall Street Week” show. “A lot of them feel like they can do what they want, because of guys like Larry Fink.” In a letter last month, Fink told the CEOs of companies in the Standard & Poor’s 500 Index that they should avoid giving in to pressure from investors seeking immediate dividends and buybacks, instead focusing on long-term growth. Icahn said some CEOs shouldn’t be allowed to invest money. BlackRock hasn’t backed his efforts to oust them, Icahn said.

Yankees Say They Won’t Pay Alex Rodriguez $6 Million Homer Bonus (Bloomberg)
The team agreed in 2007 to pay Rodriguez as much as $30 million for catching the four players ahead of him on the Major League Baseball career home run list. He was scheduled to get $6 million each for matching Mays, Babe Ruth (714) and Hank Aaron (755), as well as another $6 million each for tying and passing Barry Bonds’s record of 762 home runs. That bonus package is in addition to the 10-year, $275 million contract Rodriguez, 39, signed in 2007. His contract includes a base salary of $21 million for 2015. “We have the right, but not the obligation, to do something,” general manager Brian Cashman told reporters before Saturday’s game at Boston. “And that’s it. It’s not, ‘You do this, you get that.’”

Spotify’s Valuation Assumes Full Stream Ahead (WSJ)
...if you’re looking for big numbers, consider Spotify, the closely held streaming service based in Sweden that raised $400 million last month implying a value of $8.4 billion. Spotify is losing money but that valuation reflects hopes of big profits at some point...One example of how hard it is to value music streaming—and make a sustainable business from it—concerns Pandora Media. Yet to report an annual profit, its value soared from about $2.6 billion at its initial public offering in 2011 to almost $8 billion in 2014. It is now worth $3.7 billion.

Man sues Florida hospital after his leg found in the garbage (Reuters)
John Timiriasieff, 56, had his right leg amputated below the knee in October at Doctors Hospital in Coral Gables. "Rather than properly disposing of the plaintiff's limb as expected and as required by Florida law, Doctors Hospital threw the Plaintiff's amputated limb into the garbage, with tags indicating it belonged to the Plaintiff," according to the lawsuit filed on Wednesday in Miami-Dade County Circuit Court. A month later, Timiriasieff said his family was contacted by homicide detectives investigating if he had been the victim of foul play. When the family went back to the hospital to find out what happened, they were told it would "provide no explanation for what had occurred," the lawsuit said. Normally, amputated limbs are incinerated by hospitals, said Clay Roberts, a lawyer for Timiriasieff...In the lawsuit, Timiriasieff described the hospital's conduct as "outrageous and beyond the bounds of human decency as to be regarded as odious and utterly intolerable in a civilized community."

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China's Officials Forced To Sell Luxury Cars (FT) Cash-strapped local governments in China have begun auctioning off fleets of officials’ luxury cars as part of efforts to bolster revenues hit by the country’s slowdown. Wenzhou, a south-eastern coastal city hit hard by the cooling economy, sold 215 cars at the weekend, fetching Rmb10.6 million ($1.7 million). It plans to sell 1,300 vehicles – 80 percent of the municipal fleet – by the end of the year. Moody’s Downgrades 28 Spanish Banks On Sovereign Risk (Bloomberg) While Santander and BBVA remained investment grade, at least a dozen lenders were lowered to junk status, Moody’s said yesterday in a statement. The ratings company downgraded six banks by four levels and 10 by three grades, with the rest getting one- and two-tier declines. Report Suggests ECB Bank Supervision (WSJ) Euro-zone countries should transfer oversight of their banks to a European supervisor, possibly the European Central Bank, in return for allowing the bloc's bailout fund to help insure deposits and wind down failing lenders, the European Union's top officials proposed in a report that will be debated at their summit Thursday. Facebook Analysts To Click 'Like'...Or Not (WSJ) On Tuesday, a 40-day quiet period will conclude for analysts at banks that were underwriters of Facebook's initial public offering, including lead underwriters Morgan Stanley, JPMorgan, and Goldman Sachs. The analysts are expected to publish their initial research early on Wednesday, people at the firms said. Kanye, Kim Kardashian Sued For Al Qaeda Ties (PM) Kanye West and Kim Kardashian have been sued for their alleged ties to Al-Qaeda. "Alleged" is the operative adjective here, especially when discussing the plaintiff, one Jonathan Lee Riches. He's the Guiness World Record holder as "The World's Most Litigious Man," filing over 5,000 suits in the past eight years. The reason behind this latest suit? All American citizens are in eminent danger of the defendants. Take it way, Mr. Riches: “On 6/17/2012 I was in West Virginia, deep in the hills and I stumbled upon the defendants who were all at a Al-Qaeda secret training camp." He then went on to claim that Kanye and Kim pleaded their allegiance to Al-Qaeda, burned the U.S. flag and stomped their feet on Barack Obama’s picture, performed a concert for all Al-Qaeda members, and shot AK-47s in the air. Banks Preparing For The End (WSJ) Nine of the largest financial institutions must submit their initial living wills to the FDIC and Federal Reserve by July 1. The early group includes top U.S. financial institutions as well as Deutsche Bank, Barclays, Credit Suisse, and UBS. Smaller companies have longer to craft their plans, with all due by the end of 2013. Margaritaville memo: Execs may walk plank (NYP) The boat that sank one of Warren Buffett’s top execs has been identified, and some of his crew may still get thrown overboard. Denis Abrams — who was canned as CEO of Berkshire Hathaway’s Benjamin Moore unit this month — chartered an extravagant cruise off Bermuda in a yacht called The Lady Charlotte, The Post has learned. “Abrams had a lot of his ‘yes men’ on that cruise who were responsible for a lot of what has gone wrong,” one former exec groused. “They can’t turn it around without clearing those ranks.” KKR Raises $4 Billion For Deals In Infrastructure, Energy (Bloomberg) KKR completed raising about $1 billion for infrastructure investments and $1.25 billion for natural resources, the New York-based firm said today in a statement. That’s combined with $1.3 billion in separate accounts for infrastructure, and $350 million for natural resources contributed by affiliates of KKR. Nasty Elmo Is Gone, And Other Ones Are Just Tickled (CityRoom) On Monday, the day after the police ejected a man wearing the furry, red costume from Central Park for exploding into an obscenity-laced rant, other Elmos around New York said they recognized the man from previous clashes and expressed hope that his brush with the law would help their trade’s reputation. In between posing for photos and harassing tourists for tips, the offending Elmo would often treat tourists and fellow Sesame Street impersonators alike to xenophobic and anti-Semitic tirades. The man in the costume, whose name was not released because he was not arrested, was taken to Metropolitan Hospital Center for a psychological evaluation, the police said on Monday. The man would shout “crazy stuff” about the other impersonators, said Luis, 25, a Peruvian immigrant who has been donning an Elmo suit for about six months. He often worked the pedestrian plaza on Broadway between 42nd and 43rd Streets, where Luis and a few other men in furry suits ambled from street corner to street corner Monday afternoon, keeping a wary distance from one another.

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Ray Dalio: US Economy Out Of Intensive Care (Reuters) Hedge fund titan Ray Dalio said the U.S economy had come out of the "intensive care unit," but he warned against any quick move to "austerity" budget measures. "We were in the intensive care unit," Dalio, who runs the $120 billion hedge fund Bridgewater Associates, told more than 200 guests at the Council of Foreign Relations in New York on Wednesday. "We are largely healed and largely operating in a manner that is sustainable if we don't hit an air pocket." Dalio said a major challenge for U.S. politicians will be dealing with the so-called "fiscal cliff," the year-end expiration of the Bush-era tax cuts and previously agreed-upon cuts in defense spending and social programs, a combination which some economists say could lead to a recession. Dalio sided with economists who worry that a sharp reduction in government spending could lead the United States back into recession. "We can't just worry about too much debt," Dalio said. "We have to worry about too much austerity." German Court Clears Rescue Fund (WSJ) Germany's highest court cautiously approved the creation of the euro zone's permanent bailout facility, but insisted that the country keep its effective veto on all of the vehicle's decisions, a ruling that removes a question mark over two crucial elements of the euro zone's plans for mastering its debt crisis. Treasury Backs Plan For Standard Chartered Settlement (NYT) The lawyers approved a potential prepayment amount this week, a crucial step to a final agreement, though it will be much smaller than the $340 million the bank had to pay to New York State’s top banking regulator in a related case, according to three officials with direct knowledge of the settlement talks. The differing penalties stem from determinations by federal authorities and Manhattan prosecutors that the bank’s suspected wrongdoing was much less extensive than the state banking regulator’s claims that Standard Chartered had schemed with Iran to hide from regulators 60,000 transactions worth $250 billion over a decade. Insiders Get Post IPO Pass (WSJ) Wall Street underwriters increasingly are allowing corporate insiders to sidestep agreements that prevent them from quickly selling shares after initial public offerings. In the latest instance, several Wall Street banks on Wednesday allowed early investors and management of ExactTarget Inc. to sell more than seven million shares of the online marketing company a week ahead of the planned end of a "lockup" agreement. Under lockup pacts, underwriters bar company insiders from selling their shares, usually for 180 days after an IPO. The lockup restricts the supply of shares, helping buoy IPO prices; releasing more shares on the market can keep a lid on stock prices. Anna Gristina sits down with TV shrink Dr. Phil, says she won't talk to prosecutors about associate (NYDN) The Soccer Mom Madam's little black book has been whittled down to a single name. In her first major interview since being released from Rikers Island in June, Anna Gristina dishes to TV talk show shrink Dr. Phil about how prosecutors have hounded her for dirt on a just one associate. “They have an agenda to get me to talk about a certain person,” she told the daytime doc. Gristina refused to reveal the mystery man, or woman. Oprah's former head-shrink sidekick, who sat down at the kitchen table in Gristina's Monroe, N.Y. farmhouse, asked why the accused flesh-peddler didn't just save herself and give prosecutors the information they want. “I have a deep sense of loyalty and I'm Scottish." 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Wall Street Hopes for Romney, but Expects Obama to Win (CNBC) In an unscientific poll, 46 percent of respondents to the September CNBC Fed Survey said they expect President Obama to win reelection. Only 24 percent believe Republican Presidential Nominee Mitt Romney will get the job. Longtime Madoff Employee To Plead Guilty (Reuters) Irwin Lipkin, a former controller of Bernard L. Madoff Investment Securities LLC, will appear in Manhattan federal court on Th ursday, prosecutors said in a letter to the judge. He will plead guilty to charges of conspiracy to commit securities fraud and falsifying documents, prosecutors told U.S. District Judge Laura Taylor Swain in the letter. Suspect pulls gun on victim while having sex in a moving car (WNN) The incident began Sep. 2 when the victim and his two friends went to the Paddy Wagon Irish Pub in Port Charlotte. When the bar closed early Monday morning they invited two girls they met to one of the friend’s home on Atlas Street. 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The victim grabbed the gun and a fight ensued in the moving car; he said he punched her in the head so she would release the gun. He told detectives he was in fear of his life and lost control of his car, struck a palm tree, went airborne and then ran across two front yards in the 1200 block of Dewhurst Street.

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US To Slash Stake In AIG (WSJ) The U.S. Treasury Department said it will sell $18 billion of American International Group Inc., slashing its stake in the New York company by more than half and making the government a minority shareholder for the first time since the financial crisis was roaring in September 2008. Banks Rethinking Executive Compensation (WSJ) At J.P. Morgan, the biggest U.S. bank by assets, directors are considering lower 2012 bonuses for Chief Executive James Dimon and other top executives in the wake of a multibillion-dollar trading disaster, said people close to the discussions. But they also are grappling with the question of how to do that without drastically reducing the executives' take-home pay, the people said. More than 93% of Mr. Dimon's $23 million in compensation last year came from either stock- or cash-based bonuses. Citigroup's board, meanwhile, is expected to decide this fall how to fine-tune next year's compensation plan to win broader support among investors, people familiar with the situation said. Former UBS trader faces trial over $2.3 billion losses (Reuters) Investment banker Kweku Adoboli, who was arrested a year ago when the huge losses came to light, has pleaded not guilty to two charges of fraud and two of false accounting related to disastrous trades that UBS says were unauthorized. "Given how serious the consequences of the incident were, we must assume that UBS's culture and practices will be examined during the course of the trial," UBS chief executive Sergio Ermotti told the bank's staff last week. "As uncomfortable as the entire trial will be for UBS, it will show us what the consequences are when misconduct occurs or when individuals do not take their responsibilities seriously," he wrote in an internal message published on its website. Alligators, Bearded Dragons Among Wild Animals Seized in Brooklyn Raid (DNAI) Police seized 13 exotic animals, including alligators, bearded dragons, and a tarantula in the raid of a public housing unit Friday, police said. On Friday afternoon at 1:30 p.m., Animal Care and Control officers removed five pythons and a boa constrictor, as well as two alligators, two bearded dragons, a gecko, a scorpion, and a tarantula, from the fifth-floor apartment of a Crown Heights public housing complex called the Weeksville Houses, police said, as part of an ongoing investigation. ‘Lead or Leave Euro’, Soros Tells Germany (FT) “Lead or leave: this is a legitimate decision for Germany to make,” the billionaire financier and philanthropist said in an interview with the Financial Times. “Either throw in your fate with the rest of Europe, take the risk of sinking or swimming together, or leave the euro, because if you have left, the problems of the eurozone would get better.” Few Hedgies Kicking Butt (NYP) There are some bright spots in hedge fund land, however, thanks in large part to Apple, which has long been a favored holding of the funds seeded by or spun out of Julian Robertson’s Tiger Management. Chase Coleman’s Tiger Global, which he co-manages with Feroz Dewan, gained 21 percent through August, and the flagship of Lee Ainslee’s Maverick Capital, one of the original Tiger cubs, rose 20 percent. Deutsche Bank Chiefs To Unveil Plans (WSJ) A major question is whether Deutsche Bank will need to raise capital. Tougher regulatory capital requirements are being phased in starting next year, and the bank will need as much as €10 billion to meet the new targets, analysts say. Nomura CEO Sees Overseas Units Posting Profit by June 2014 (Bloomberg) Nomura Holdings’s Koji Nagai, who took over as chief executive officer last month, said he plans to make overseas operations profitable by June 2014 at Japan’s largest brokerage. “We are not going to lower the flag as a global bank,” Nagai, 53, said in an interview in Tokyo on Sept. 7. “We want be an Asia-based global investment bank.” Schumer: Newfangled detergent 'pods' look too much like candy (NYDN) The Consumer Product Safety Commission should crack down on detergent companies whose superconcentrated cleanser “pods” look so much like candy that even a sitting senator wanted to gobble one. Since April, 40 local children in the city have mistakenly downed the colorful laundry packs such as Tide Pods, leading to numerous hospitalizations, some emergency intestinal surgery, and pangs of hunger of Sen. Charles Schumer. “The incidents are skyrocketing,” Schumer said Sunday joined by several medical professionals. “These pods were supposed to make household chores easier, not tempt our children to swallow harmful chemicals. I saw one on my staffer's desk and I wanted to eat it.”

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