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M.G.M. Said to Plan a Buyout of Icahn\'s Stake

Metro-Goldwyn-Mayer plans to buy out Carl C. Icahn‘s entire stake in the film studio for about $590 million, as preparation to eventually go public, a person briefed on the matter said on Tuesday.

The move could help smooth the path for M.G.M. to join the stock markets by providing an exit for a notoriously outspoken investor. Mr. Icahn bought into the film studio's debt to try and force the company into a merger with Lions Gate Films, a campaign that failed.

M.G.M. instead struck agreements with a number of creditors that allowed the company to file for a prepackaged bankruptcy, which shortened its stay in Chapter 11 protection. Under the terms of that filing, the film studio's creditors essentially took control, making Mr. Icahn one of the company's biggest shareholders.

A spokeswoman for M.G.M. declined to comment.

The film studio said last week that it is planning to go public, acknowledging that it had made a confidential filing with the Secu rities and Exchange Commission. It has hired JPMorgan Chase and Goldman Sachs to lead the offering, according to people briefed on the appointments, though no timing for a stock sale has been set yet.

M.G.M. and its owners are hoping to capitalize on a resurgence in the strength of the studio's offerings later this year, principally the new James Bond movie, “Skyfall,” and the first of two movies based on J. R. R. Tolkien‘s “The Hobbit.”

News of the plans to buy out Mr. Icahn's stake were reported earlier by The Wall Street Journal online.



Two Big European Banks Report a Plunge in Profit

LONDON - Two of Europe's largest financial institutions reported on Tuesday that profit plunged in the second quarter as the banking industry continues to struggle with the debt crisis.

Deutsche Bank of Germany and UBS of Switzerland both were hit by drops in trading activity, which weighed on the firms' investment banking units. The banks warned that continued market volatility related to the crisis would most likely affect future growth.

Deutsche Bank's net income fell 46 percent, to 661 million euros ($811 million), during the second quarter of 2011. UBS's profit, which also reflects a loss on the Facebook offering, declined to 425 million Swiss francs ($435 million), a 58 percent drop.

As it looks to stem the financial pain, Deutsche Bank announced on Tuesday that it was cutting 1,900 jobs in an effort to raise profitability. Almost 80 percent of the layoffs will come from the firm's investment banking division.

The bank, which faces a number o f investigations and lawsuits over different matters, also said it was reviewing its compensation practices and internal code of conduct “as part of a range of measures to bring about a cultural change.”

“We are firmly convinced that the industry must change its compensation model, and we are determined to be in the forefront,” Anshu Jain, who shares chief executive duties with Jürgen Fitschen, said Tuesday in a conference call with analysts.

On Tuesday, shares of Deutsche Bank rose 0.5 percent in Frankfurt in response to the job cuts, which will reduce annual costs by 350 million euros, or $430 million. UBS shares fell nearly 6 percent in Zurich, with the bank's net income well below analysts' estimates.

Like many big financial firms, UBS and Deutsche Bank are dealing with the fallout from a weak economy, tough market conditions and new regulation. The headwinds are particularly taking a toll on investment banking operations.

Deutsche Bank's investment banking division, which until recently had been the firm's most profitable unit, suffered a 63 percent decline in pretax profit, to 357 million euros ($438 million). Mr. Jain ran the unit until he took over as co-chief executive in May.

UBS also was pinched by a 349 million franc ($357 million) loss related to the botched Facebook initial public offering. The investment banking unit reported a pretax loss of 130 million francs ($133 million) in the second quarter.

Technical errors at the Nasdaq stock market delayed the start of trading of Facebook shares and later flooded the market with shares of the social network company. The problems caused UBS to receive more shares than its clients had ordered, according to a company statement.

“We will take appropriate legal action against Nasdaq to address its gross mishandling of the offering and its substantial failures to perform its duties,” the bank said.

In an effort to bolster their capi tal reserves, the European banks are slashing their exposure to risky assets. Mr. Jain said Deutsche Bank would raise capital to meet stricter requirements known as Basel III. The bank may also sell new shares - a step that would dilute the value of existing shares.

UBS also said it had cut its risk-weighted assets by 45 billion francs ($46 billion) in the second quarter. The bank now plans to reduce the total figure to 270 billion francs ($276 billion) by 2013, compared with the previous target of 290 billion francs ($296 billion).

Both firms are under investigation in connection with the manipulation of the London interbank offered rate, or Libor, and other benchmark rates. In late June, Barclays agreed to a $450 million settlement with American and British authorities after the bank reported false rates for financial gain.

On Tuesday, Deutsche Bank's chief financial officer, Stefan Krause, said that any wrongdoing at the firm “was limited to a small nu mber of individuals acting on their own initiative.”

Sergio P. Ermotti, chief executive of UBS, said that the bank was cooperating with authorities and conducting its own internal review related to Libor and other benchmark rates. UBS set aside a further 130 million francs ($133 million) during the second quarter to cover litigation and regulatory costs, but did not say if the extra money was related to Libor.

“We have provisioned accordingly for all matters,” Tom Naratil, UBS's financial officer, told analysts.

Mark Scott reported from London and Jack Ewing from Frankfurt.



In Picking Facebook Shares, Repeating the Mistakes of the Past

Since the implosion of the dot-com bubble in 2000, retail investors have been rightfully wary of the stock market. Facebook was going to change it all, bringing the ordinary investor back.

Instead, Facebook was a massacre for retail investors, highlighting yet again why stock picking is a loser's game. The hype around Facebook was enormous as retail investors salivated at the chance to buy what they hoped would be the next Apple. Yet, after initially trading above $40 a share, the stock is now down nearly 43 percent from the initial offering price.

The Facebook example is one more confirmation of studies that have shown that, on average, individual investors lose out consistently when they buy and trade individual stocks. They're better off investing in passive index funds.

Professors Brad M. Barber and Terrance Odean recently released a paper surveying the evidence. Studies of individual investor trading found that “many investors earn poor returns eve n before costs.” These investors trade badly and tend to lose more money than they would using a simple buy-and-hold strategy in passive funds that match indexes like the Standard & Poor's 500-stock index.

How big is the loss? The same authors in another study of 65,000 investors found that the 20 percent who traded most actively earned 7 percentage points a year less than the buy-and-hold investors, the 20 percent who traded least actively. For the individual investor, that can add up to hundreds of thousands of dollars over a lifetime.

This is not surprising. Even mutual fund managers have trouble beating the market. Last year, according to S.& P. Indices, 84 percent of actively managed funds did not beat the Standard & Poor's index representing that fund's sector. Going back over five years, 61 percent of funds underperformed. Even so, most mutual funds beat individual investors who try to do it themselves.

If the professionals have such problems, indi vidual investors don't have a chance. They are not as knowledgeable and not as disciplined. Study after study has found that individual investors have a disposition effect - that is, they tend to sell winners too soon and hold on to the losers by refusing to recognize their failure.

Individual investors are also heavily influenced by their mind-set and their environment.

For one, they are strongly influenced by media reports and buy stocks that are promoted. And, yes, there are studies of Jim Cramer's show, “Mad Money,” and this effect. One recent study found that the higher the viewership of the show, the bigger the market reaction to stock recommendations. The authors also found that Mr. Cramer's buy recommendations had more influence than sell recommendations, reflecting people's desire to bet on winners. But didn't we know that already from the tech bubble? More than a decade ago, stocks of companies with little or no profits were wildly hyped. It all end ed badly, with retail investors losing the most.

In full disclosure, I'm still a little bitter about that. In 1999, I bought Ask Jeeves stock at about $120 a share, eventually selling at below a dollar before shares went up 28-fold and the company was sold to IAC/InterActiveCorp. I'm unfortunately a great example of how retail investors can time things perfectly wrong as they become part of the herd. The Facebook affair was but a sad repeat.

These inherent flaws put us off on the wrong foot when we pick and trade stocks. We don't diversify enough, don't do enough research and tend to sell on emotion rather than logic.

If this weren't hindrance enough for even the most educated individual investor, the Facebook debacle shows that the market is rapidly changing in ways to make it even harder for individual investors to profit.

In the case of Facebook, the profits from investing were largely taken from individual investors before the I.P.O., by trades in the private market where most individual investors could not trade. Goldman Sachs, for example, led a private investment round at a $50 billion valuation only a year ago, selling a third of the stock in the offering at about double the price. By the time Facebook came to market, there was little left for average investors.

The losses in Facebook show that Wall Street doesn't seem to care much about the individual investor. Companies are increasingly going public with structures that disenfranchise stockholders, or they are looking to cash out and go private just before things get good. Investment banks furiously peddled Chinese issuers to a public that didn't seem to care much about the companies' problems.

Instead, the markets have become the domain of hedge funds, where high-frequency trading peels off short-term profits. In the longer term, the severe underperformance of mutual fund managers last year was attributed by Horizon Advisors to the volatility in th e markets and the increasing correlation of stocks. As stocks move together, or become correlated, picking winners that offer returns higher than the market average becomes more difficult.

Beyond all of these barriers, individual investors are also faced with a stock market that has remained stagnant for the last decade.

So what can be done?

One thing to consider is whether to further educate individual investors on the problems of investing on their own. The studies show that in general, investors are better off in passively managed index funds. But even here, investors tend to defeat themselves. At least one study has found that investors who engage in passive exchange-traded funds eat away the gains in performance by using this as an excuse to trade more. The problem again occurs when investors try to trade on their own.

In light of this, more disclosure and education would be nice. Perhaps Mr. Cramer's show could begin each segment with a note spe lling out how much investors lose when they trade on their own. The warning could be given to all investors when they sign up for brokerage accounts. And because not everyone will heed this disclosure, the government might take steps to limit the ability of people to trade in their retirement accounts, where the bulk of Americans hold their invested wealth.

But the bottom line is that more needs to be done to educate and help individual investors. It should become common knowledge that investing in an individual stock and trading may be fun, but it may also be dangerous to their wealth. Perhaps the warnings could start with a confessed Facebook I.P.O. investor.

Steven M. Davidoff, writing as The Deal Professor, is a commentator for DealBook on the world of mergers and acquisitions.



Credit Suisse Hires Oil and Gas Banker From BMO

Credit Suisse has hired Bruce Cox to serve as the head of acquisition and divestiture in its investment banking division's oil and gas group, according to an internal memorandum reviewed by DealBook. Mr. Cox is joining the Swiss banking firm from BMO Capital, and previously worked at Macquarie Tristone, the consulting firm Netherland, Sewell & Associates and Exxon.

Dun & Bradstreet Said to Consider a Sale

Dun & Bradstreet, a financial information provider, has hired bankers as it explores a potential sale of itself, according to people briefed on the matter.

The company has hired JPMorgan Chase and Credit Suisse to assist in its efforts, these people said.

While a number of deals involving financial data providers have been struck in recent years, including a union of McGraw-Hill‘s and the CME Group‘s stock-index ventures, a sale of Dun & Bradstreet would be among the biggest. The company had a market value of nearly $3.4 billion as of Monday's closing price.

Among the potential buyers could be private equity firms.

The company, based in Short Hills, N.J., focuses in aggregating data about businesses, especially credit risks. On its Web site, it claims to have some 195 million business records in its databases.

It reported earning $260.3 million in net income atop $1.8 billion in revenue last year.

Shares of Dun & Bradstreet were up 9 .4 percent in late afternoon trading on Tuesday after The Wall Street Journal reported news of the potential sale.



Former Citigroup Manager Cleared in Mortgage Securities Case

A jury on Tuesday cleared a former Citigroup executive of wrongdoing connected to the bank's sale of risky mortgage-related investments at the peak of the housing boom, dealing a blow to the government's effort to hold Wall Street executives accountable for their conduct during the financial crisis.

In addition to handing up its verdict, the federal jury also issued an unusual statement addressed to the Securities and Exchange Commission, the government agency that brought the civil case.

“This verdict should not deter the S.E.C. from investigating the financial industry and current regulations and modify existing regulations as necessary,” said the statement, which was read aloud in the courtroom by Judge Jed S. Rakoff, who presided over the trial.

The trial of Brian Stoker, a former mid-level Citigroup executive, served as a referendum on a questionable practice that became common in the years leading up to the financial crisis: Selling clients comp lex securities tied to the housing market while simultaneously betting against those same securities.

The S.E.C. did not accuse Mr. Stoker of committing securities fraud. Instead, it accused him of negligence in preparing sales materials for a complex mortgage-related investment called a collateralized debt obligation, or C.D.O.s. The government claimed that Mr. Stoker knew or should have known that he was misleading investors by not disclosing that Citigroup helped select the underlying mortgage securities in the C.D.O. and then placed a large bet against it.

The S.E.C separately sued Citigroup, but Mr. Stoker was the only bank executive charged in the case. None of Citigroup's senior management was named by the commission.

As Mr. Stoker prepared for trial, his former employer, Citigroup, agreed to pay $285 million to settle a civil complaint brought by the S.E.C. related to the same deal. But Judge Rakoff, who presided over the trial of Mr. Stoker, reje cted that settlement. Both the commission and Citigroup have appealed the rejection of the settlement.

Mr. Stoker's lawyer, John Keker, had depicted his client as a scapegoat for the industry's sins. While decrying the “high-stakes, high level gambling” that banks engaged had in during the housing boom, Mr. Keker urged the jury to set aside any distaste that it had for Wall Street's questionable behavior and the mind numbingly complex mortgage securities that it concocted.

“It's not the bank or the transaction that's on trial here,” said Mr. Keker in his closing argument. “It's Brian Stoker.”

Mr. Stoker's lawyers argued that Credit Suisse, the bank that Citigroup brought in to serve as a manager of the C.D.O., did its own homework on the underlying securities.

“We're grateful that justice was done and Brian Stoker can get back to his life,” Mr. Keker said outside the courtroom shortly after the verdict came down.

The allegations against Citigroup and Mr. Stoker parallel those brought by the S.E.C. in a more high-profile case against Goldman Sachs and Fabrice Tourre, a relatively junior Goldman executive.

In April 2010, the S.E.C. claimed that Goldman and Mr. Tourre deceived investors in a C.D.O. that the bank had created called Abacus. Mr. Tourre, the government said, failed to disclose that the hedge fund manager John Paulson helped select the underlying assets. Mr. Paulson profited by betting against the C.D.O.

Goldman quickly settled the case in July 2010 for $550 million, but Mr. Tourre, who has left the bank, is fighting the civil charges. Unlike the case against Mr. Stoker, which proceeded to trial quickly, Mr. Tourre's case has moved at glacial speed and no trial date has been set.



Google Snaps Up Wildfire

Google is adding to its giant advertising business.

The company announced on Tuesday that it had agreed to acquire Wildfire, a social media marketing firm, for an undisclosed sum. Founded four years ago, Wildfire helps brands manage their social campaigns across sites like Facebook, Twitter and Pinterest. It has roughly 16,000 customers, including Spotify, Virgin, Amazon and Unilever.

“With Wildfire, we're looking forward to creating new opportunities for our clients to engage with people across all social services,”Jason Miller, a Google product management director said on the company's blog post on Tuesday. “We believe that better content and more seamless solutions will help unlock the full potential of the web for people and businesses.

The deal for Wildfire comes as many brands struggle to build and manage their footprints on social networks. Start-ups like Wildfire help corporations engage their consumers and track the effectiveness of their marketing campaigns. The addition of Wildfire may bolster Google's own social network, Google+, and provide key insights about rival platforms, such as Facebook. According to a blog post on Wildfire's Web site, the company will continue to partner with other networks and “operate as usual,” despite its new ownership.

“We believe that over time the combination of Wildfire and Google can lead to a better platform for managing all digital media marketing,” Wildfire's founders Victoria Ransom and Alain Chuard said in the joint blog post. “For now, we remain focused on helping brands run and measure their social engagement and ad campaigns across the entire web and across all social service.”



Behind the Huge Facebook Loss at UBS

Perhaps the most glaring aspect of UBS‘ poor quarterly earnings announcement was the $356 million loss tied to Facebook‘s initial public offering.

It's notable because it's roughly 10 times bigger than what other market-making firms suffered from the social network's botched market debut.

Since Facebook's I.P.O. on May 18 - when the company's stock rose, only to plummet and nearly fall below the $38-a-share offer price - the blame has come fast and furious from all corners.

Still, while many market-making firms have confirmed that they lost money from the technical issues that plagued trading of Facebook shares on the first day, UBS' loss was far and away above what its peers have experienced.

The Knight Capital Group, for instance, has said that it lost about $30 million to $35 million. The Citadel Investment Group reportedly lost close to the same amount. And Citigroup has lost around $20 million, according to a person briefed on the matter.< /p>

When reports about UBS' big loss first began swirling about earlier this summer, traders at other firms expressed surprise that the Swiss bank could suffer such an enormous blow, disproportionate compared to the market-making community as a whole.

In a letter to shareholders on Tuesday, UBS put the blame squarely on the Nasdaq stock market, which it claimed committed “multiple operational failures.” The gist of UBS' complaint is this:

  • Nasdaq's systems ran into trouble processing first-day orders, leading to a delay in confirming orders
  • UBS' own systems mandated that clients' orders be entered multiple times until confirmations were received
  • All of UBS' orders were eventually filled, meaning that the firm was stuck with a glut of excess orders

In essence, because UBS did not receive confirmations of its orders, it repeatedly hit the metaphorical button until its submissions were cleared.

What Nasdaq should have done , according to UBS, was not open Facebook's stock for trading and not halting trading when trouble appeared later in the day. And the Swiss bank said it will demand compensation.

“We will take appropriate legal action against Nasdaq to address its gross mishandling of the offering and its substantial failures to perform its duties,” UBS wrote in its letter to shareholders. “Although as in all such matters there can be no assurance as to the amount of any recovery we may obtain, we intend to pursue compensation for the full extent of our losses.”

A Nasdaq spokesman declined to comment.



One Rule Regulators Are Rounding On

A new regulation aimed at making sure banks have enough money on hand in times of crisis would seem quite important. So why are senior central bankers so keen right now to change it in ways that could weaken it?

The regulation is part of the package of new international rules that banks in most countries must adopt. Called the liquidity coverage ratio, it was proposed after the financial crisis, as part of the so-called Basel III overhaul, and is scheduled for introduction in 2015.

The ratio attempts to address a big weakness that flared up in the financial crisis. Banks suffered heavy outflows of cash as nervous depositors and creditors withdrew money. The ratio requires banks need to have a stockpile of cash and high-quality, easy-to-sell assets to meet such withdrawals. If all works according to plan, a virtuous circle could come into existence. Seeing the stockpile of liquid assets, bank depositors and creditors will be less likely to head for the exits whe n financial instability occurs.

But some regulators see a vicious circle instead.

In Europe, central bank officials think banks preparations' for the ratio could be making it even harder for banks to fund themselves. The incentives baked into the rule effectively deter banks from borrowing for short periods from, say, money market funds and other banks.

At the end of June, Christian Noyer, governor of the Banque de France, the country's central bank, said that the Basel III liquidity ratios “cannot be applied as they stand” because of possibly adverse consequences. Then last week, Mario Draghi, president of the European Central Bank, sounded even more intent on changing the ratio, saying bank liquidity regulations must be “recalibrated completely.”

The E.C.B. didn't respond to a request for comment; the Banque de France declined to comment. Changes to the ratio will be introduced by the end of the year through the Basel process.

But are the regulators are overreacting, and placing too much blame on the ratio? After all, there are a lot of other reasons why banks are finding it harder to borrow in markets. Europe's sovereign debt crisis is far from being resolved, bank balance sheets are still viewed as opaque and many of the Continent's lenders, particularly French banks, are still very dependent on shorter-term market borrowings. Lastly, banks have a low incentive to borrow in the markets when, like now, they can borrow easily and cheaply from central banks.

Ove rall, it seems that regulators involved in the Basel process want to try and keep the ratio mostly intact. This is the first attempt at crafting an international liquidity rule, so they see the need to be flexible.

In June, a Federal Reserve governor, Daniel Tarullo, suggested some modifications that, on the face of it, probably wouldn't gut the ratio, and may even improve it. For instance, the Fed wants to make sure that the high-quali ty assets are indeed liquid. Now, the credit rating of the asset plays a big role in defining what a high-quality asset is, but the European situation shows that sovereign bonds with high ratings can be illiquid. The Fed also wants to look at whether the ratio has underemphasized the potential liquidity drain from banks' trading operations.

One area where the Fed may want to dilute the rule is by tweaking assumptions about how quickly certain types of bank funding may disappear in a crisis. If those assumed time periods are extended, the ratio becomes less burdensome for banks, but could also leave them with less protection in a crisis.

The danger of loosening the rule too much is that it unnerves bank creditors still further, exacerbating liquidity problems, rather than easing them. And with Mr. Draghi pushing for liquidity ratios to be “recalibrated completely,” bank creditors may have even less reason to stick around.



Business Day Live: Social Media Act as a Guide for Marketers

Companies turn to social media sites as market research departments. | A rare dynasty in the world of hedge funds.

Rona of Canada Rejects $1.8 Billion Offer from Lowe\'s

After Rona rejected a $1.8 billion takeover offer, American rival Lowe's has said it will continued to pursue a deal.

Lowe's is the latest American retailers looking for growth in Canada, which boasts a comparatively healthy economy and housing market.

“Bottom line, we believe that our proposal is good for Rona and the communities it serves in Quebec as well as across Canada, and it is also good for consumers,” Robert A. Niblock, the chairman, president and chief executive of Lowe's said in a statement.

But the province of Quebec, where Rona is headquartered, swiftly said that it will attempt to prevent any takeover. Raymond Bachand, Quebec's finance minister, said that a Lowe's deal “does not appear to be in the interest of Quebec or Canada.” He said that the province is considering several options including the creation of a fund “to defend the interests of Quebec.”

In a statement, Rona said that it was approached by Lowe's on July 8 w ith a “non binding” offer to pay 14.50 cents for all of its shares. Rona said that it formally rejected the offer last Thursday.

Two days later, Lowe's indicated that it would move forward with its hostile bid. Lowe's said that it has support of about 15 percent of Rona's shareholders.

Michelle Laberge, a spokeswoman for Rona, did not directly explain why the company waited for several weeks to announce that it was a takeover target except to say that its board immediately formed a special committee and hired outside advisers to evaluate the bid.

Lowe's only entered the Canadian market in 2007 and has about 16, big box stores. Rona, by contrast, has about 1,500 retail outlets of various sizes, including franchises and affiliated stores. It operates about 840 stores under its own name.

But Lowe's arrival has added to the squeeze Rona was feeling from the Canadian subsidiary of Home Depot which operates about 180 stores. Many analysts have said that there is not enough room in the Canadian market for three large players. Home Hardware, a cooperative owned by 1,080 retailers, has also been expanding the number of its large stores that also offer a full range of building supplies.

At Rona's annual meeting in May, Jean Gaulin, its chairman, firmly rejected any notion that the company would be sold.

“Rona is not up for sale,” he said. “Not part of it, not all of it, not bits and pieces of it. It's not for sale.”

Rona is a major corporation in Quebec and the province's investment and pension fund, Caisse de dépôt et placement du Québec, owned about 12 percent of its shares as of last month.

The Caisse issued a carefully worded statement neither supporting nor rejecting the bid. The fund, which operates at arm's length from the government, said however that it will consider several factors including the impact of a takeover on workers and franchise holders as well as the long term impact of any deal. Any takeover would will also require approval under federal foreign investment laws.

The company's profile nationally is particularly high at the moment because of Rona's sponsorship of the Canadian Olympic team and its extensive sponsorship of broadcasts of the London games. Its Olympic campaign strongly emphasis the company's Canadian ownership and commitment to Canadian suppliers.

Lowe's promised to keep Rona's headquarters in Boucherville, Quebec and to also focus on Canadian suppliers.

American retailers have been trying to tap into the economic strength of their rivals to the north.

Target is currently preparing its move into Canada after acquiring the leases of 189 Zellers discount department stores from the Hudson's Bay Company. Zellers struggled significantly following the entry of Wal-Mart into the Canadian market. Hudson's Bay said this week that the remaining 64 Zellers stores will close by next spring leaving about 6,400 people without jobs.

At the other end of the retail spectrum, several Canadian news outlets have reported that Nordstrom has acquired the leases of four Sears Canada stores for its first move into Canada. While Nordstrom has not confirmed those reports, Sears has announced that it is leaving those locations.



24 Hour Fitness Health-Club Chain Is Said to Be on the Block

The health-club chain 24 Hour Fitness is for sale, people briefed on the matter said on Tuesday.
 
Forstmann Little, the private equity firm that owns 24 Hour Fitness, has hired Goldman Sachs to run the auction process, these people said. Goldman will soon begin soliciting interest from potential buyers, a group that includes other fitness chains and private-equity firms. 

24 Hour Fitness is expected to fetch about $2 billion in a sale, said these people, who requested anonymity because they were not authorized to discuss the deal publicly.

With about 425 locations, 24 Hour Fitness is the nation's largest privately owned chain of fitness centers. A representative of the company did not immediately respond to a request for comment.
 

Forstmann Little's eventual sale of 24 Hour Fitness was expected. Once one of the world's largest private equity funds, Forstmann Little began winding down its operations several years ago afte r ill-timed telecommunications investments. Theodore J. Forstmann, the billionaire financier who led the firm, died last November at the age of 71.
 
24 Hour Fitness is one of the two major investments remaining in Forstmann Little's portfolio. The other is IMG, the sports, fashion and media company. Forstmann Little is also expected to pursue a sale of IMG sometime next year.
 
The Forstmann Little fund formally expired on June 30, 2012, meaning that it was contractually required to sell its assets and return all money to its investors by then. But the firm's investors - called limited partners in private equity parlance - had allowed that deadline to lapse and granted the fund extra time to sell 24 Hour Fitness and IMG. 
 
After Mr. Fortsmann's death, Forstman Little named the hedge fund manager Julian H. Robertson as its chairman. He, along with Mark J. MacDougall, a lawyer at Akin, Gump, Strauss, Hauer & Feld, have been overseein g the sale of the firm's remaining assets.

 
Health-club chains have been attractive acquisition targets for private equity firms because their membership fees generate predictable cash flows that they can use to pay off the debt taken on to pay for the company. The New York-based chain Equinox, for example, was owned by North Castle Partners and J.W. Childs before it was sold to the real estate developer Related Companies.
 
Other potential buyers of 24 Hour Fitness include LA Fitness, a chain of health clubs partially owned by the private equity firm Madison Dearborn; and Lifetime Fitness, a publicly traded company.

Forstmann Little acquired 24 Hour Fitness in 2005 for $1.6 billion. The company's financial results suffered during the recession, but have since improved. In recent years the company has expanded internationally, opening several outposts in Asia.

San Ramon, Calif.-based 24 Hour Fitness was started in 1983 by Mark S. M astrov, a former natural-foods salesman, with a single club. Today, the company sponsors the U.S. Olympic team and at the London Games has several athletes on its “Team 24″ squad, including the beach volleyball star Kerri Walsh and water polo captain Tony Azevedo.
 



Aer Lingus Rejects Ryanair\'s Takeover Offer

LONDON â€" The board Irish airline Aer Lingus is trying to thwart the latest advances of Ryanair.

On Tuesday, Aer Lingus' chairman, Colm Barrington, urged shareholders to reject Ryanair's 694 million euros ($852 million) takeover bid. In a letter to investors, Mr. Barrington said the offer undervalued the Irish carrier and that competition authorities could block a tie-up between the two airlines.

Last month, Ryanair offered to buy the 71 percent stake in Aer Lingus that it did not already own for 1.30 euros-a-share, a 38 percent premium to the share price. But the bid was less than half the 1.48 billion euros that Ryanair first bid for the stake in 2006. The European Commission has previously ruled against Ryanair's efforts to takeover its domestic rival.

“Your board has received legal advice that the European Commission is likely once more to prohibit the Ryanair offer as the number of routes into and out of Ireland that Ryanair would monopolize has s harply increased.” Mr. Barrington wrote to shareholders.

Aer Lingus' chairman also said that Ryanair may be willing to give up slots at London's Heathrow airport to win approval for the deal. Any loss of access to one of the world's busiest airports would jeopardize future growth, he added.

On Tuesday, Aer Lingus said its pretax profit fell 73 percent, 11.4 million euros, during the three months through June 30, compared to the same period last year.

When it launched the bid for its local rival last month, Ryanair said the airline industry had changed significantly since its most recent failed bid in 2008. The low-cost carrier said European officials would take these changes into consideration when making an antitrust ruling.

Ryanair has pledged to keep the two airlines operating separately in one group, but regulators have consistently vetoed a merged group that would control more than 70 percent of the Irish air travel market. British competition authorities also are investigating whether Ryanair's substantial minority stake in Aer Lingus has given it undue influence over the airline's business and strategy.

In early afternoon trading in London, Aer Lingus' share price had risen 1.4 percent.

Rothschild, Goodbody and UBS are advising Aer Lingus, while Morgan Stanley and Davy are advising Ryanair.



Morning Take-Out

TOP STORIES

Suggestions for an Apple Shopping ListSuggestions for an Apple Shopping List  |  Question: What would you do if you had $117 billion? That's the challenge facing Tim Cook, Apple's chief, whose company's cash hoard keeps growing - by about $1 billion a week.

He could hold onto it. He could increase Apple's dividend, which he instituted this year for the first time. Or he could spend it, Andrew Ross Sorkin writes in the DealBook column.

Just last week, Mr. Cook acquired AuthenTec, a mobile security company, for $356 million in cash - a price equal to pocket lint for a company with the war chest the size of Apple's. The real question is whether Mr. Cook would ever spend Apple's money on an “elephant† - Wall Street parlance for a huge deal.

Apple denizens often say that the company is not interested in deal making. It has, after all, invented some of today's most successful consumer products. But that view misunderstands Apple's history: some of its most important innovations were not invented within Apple; they were purchased from other companies.
DealBook '

Tiger Management Helps Next Generation of FundsTiger Management Helps Next Generation of Funds  |  When a top hedge fund manager donated money to start a student-run portfolio at the University of Virginia in 1994, Richard Gerson was one of the few undergraduates to earn a spot managing the six-figure portfolio.

It was the first connection of many that paved his way to the upper echelons of the hedge fund industry.

Mr. Gerson parlayed his college experience into an internship at Tiger Management, the vaunted hedge fund firm run by Julian Robertson. He then helped John Griffin, a top deputy of Mr. Robertson and the sponsor of the investment club, start Blue Ridge Capital.

Now, Mr. Gerson, 37, is building a new firm. Mr. Gerson and his business partner, Navroz D. Udwadia, have raised $1.2 billion for Falcon Edge Capital, according to people with knowledge of the matter. At a time when investors are reluctant to hand over money to unproven managers, Falcon Edge is the hedge fund equivalent of a high first-round draft pick.
DealBook '

DEAL NOTES

Levinsohn Confirms That He's Leaving Yahoo  |  Ross Levinsohn, the executive who served as Yahoo's interim chief, confirmed on Monday that he was leaving the Internet company after being passed over to fill the spot permanently.
DealBook '

Borrowing Costs Ease for Spain and Italy  |  The two countries benefited from pledges of support by European leaders and the United States Treasury secretary, Timothy F. Geithner, The New York Times reports.
NEW YORK TIMES

Mergers & Acquisitions '

Alibaba Is Said to Be Close to Raising $8 Billion  |  Some American Internet companies may be unpopular with investors these days, but a Chinese one is finding plenty of takers.
DealBook '

Oracle to Buy Xsigo  |  Oracle is extending its recent embrace of the cloud, agreeing on Monday to acquire privately held Xsigo Systems, a maker of network virtualization software.
DealBook '

Chicago Bridge & Iron to Buy Shaw Group for $3 Billion  |  The Texas-based engineering company has agreed to buy a rival, the Shaw Group, in a cash-and-stock deal worth $3 billion.
DealBook '

Roper Industries to Buy Sunquest Information Systems for $1.4 Billion  |  Roper Industries, an industrial manufacturer, has agreed to purchase Sunquest Information Systems, a maker of diagnostic and laboratory software for $1.42 billion in cash.
Dea lBook '

Cnooc Said to Seek $5 Billion to Finance Nexen Deal  |  Cnooc is looking to foreign banks for $5 billion of financing to help pay for its $15 billion acquisition of Nexen, two unidentified people familiar with the matter told Bloomberg News.
BLOOMBERG NEWS

Another Lawmaker Challenges Cnooc's Nexen Deal  |  Representative Edward Markey asked for conditions on Cnooc's bid for the Canadian firm Nexen, following a similar challenge by Senator Charles Schumer, Reuters reports.
REUTERS

ING Said to Be in Talks to Break Up Asian Unit  |  Bloomberg News reports that the Dutch financial services firm ING “may break up its Asian life insurance operations and is holding talks with buyers interested in the business in different countries, two people with knowledge of the process said.”
BLOOMBERG NEWS

Rio Tinto Maintains Control of Ivanhoe  |  The English-Australian mining firm Rio Tinto said it paid about $935 million for 133.6 million shares of Ivanhoe Mines, allowing it to maintain its 51 percent ownership stake, Reuters reports.
REUTERS

Korea Development Bank Abandons Talks for HSBC Unit  |  The Korea Development Bank said it failed to reach an agreement with HSBC over a sale of the European bank's South Korean retail banking operations, Reuters reports.
REUTERS

INVESTMENT BANKING '

UBS Profit Falls on Facebook Loss  |  The Swiss bank reported a 58 percent decline in its net profit, as the firm was hit by a $356 million loss connected to the botched Facebook initial public offering.
DealBook '

Deutsche Bank Earnings Plunge as Euro Crisis Lingers  |  Germany's largest lender said the turmoil made clients reluctant to trade in financial markets, resulting in a 46 percent decline in net income.
DealBook '

BBVA of Spain Reports a Drop in Profit  |  BBVA, the big Spanish lender, said its profit in the second quarter fell 58 percent as it set aside provisions for soured real estate assets, Bloomberg News reports.
BLOOMBERG NEWS

2 Japanese Banks Report Contrasting Results  |  While the Mitsubishi UFJ Financial Group said its quarterly profit fell 64 percent from a year earlier, the Mizuho Financial Group said its profit nearly doubled during the period, The Wall Street Journal reports.
WALL STREET JOURNAL

An Uncertain Path to Success on Wall Street  |  At a gathering of financial industry workers over the weekend, the prevailing mood among those just starting out in the business was one of confusion, New York magazine writes.
NEW YORK

New Chief to Take Reins at Swiss National Bank  |  Fritz Zurbruegg, a former civil servant, is stepping up this week to fill a spot that has been vacant since Philipp Hildebrand resigned in January, The Wall Street Journal reports.
WALL STREET JOURNAL

Derivatives Exchange to Overhaul Trading in Energy Contracts  |  IntercontinentalExchange is making the changes ahead of regulations intended to bring more transparency to the trading of derivatives, The Wall Street Journal reports.
WALL STREET JOURNAL

A Case Emerges for Mortgage Forgiveness  |  The Financial Times reports: “Provisional estimates by the regulator of Fannie Mae and Freddie Mac suggest they could save public money by forgiving certain mortgage debts, according to people familiar wit h the figures.”
FINANCIAL TIMES

PRIVATE EQUITY '

Private Equity Assets Reach a Record  |  The private equity industry as a whole oversaw about $3 trillion in assets as of the end of 2011, according to the data collector Preqin.
WALL STREET JOURNAL

Go Daddy Chief to Step Down, as a K.K.R. Executive Steps In  |  When the Go Daddy Group announced on Monday that its chief executive was stepping down, the Web hosting company didn't have far to go to find an interim replacement. It plucked an executive from Kohlberg Kravis Roberts, one of its owners.
DealBook '

Private Equity F irm Hires a Former G.E. Official  |  John Krenicki, who ran a big energy unit at General Electric, is joining the private equity firm Clayton, Dubilier & Rice in January as a senior operating partner, The Wall Street Journal reports.
WALL STREET JOURNAL

Brazil Billionaire Plans to Take Transport Firm Private  |  Eike Batista, a Brazilian mining magnate, said on Monday he intends to spend about $300 million to buy all the shares of the transportation company LLX Logistica, The Wall Street Journal reports.
WALL STREET JOURNAL

Global Infrastructure Partners Unveils $7.5 Billion Fund  |  The investment firm Global Infrastructure Partners raised $7.5 billion for a fund to invest in infr astructure, the largest such fund to date, Reuters reports.
REUTERS

HEDGE FUNDS '

Banks Get Tough With Hedge Fund Clients  |  Reuters, citing unidentified “industry sources,” reports that big banks that cater to hedge funds are “sifting through their client lists, in some cases demanding higher fees on trading or a greater share of a fund's business, and sometimes telling funds to look elsewhere.”
REUTERS

Activist Investor Steps Onto a Bigger Stage  |  Daniel S. Loeb, who runs the hedge fund Third Point, successfully pushed for a management change at Yahoo, a victory that raises his profile and marks a “new phase” in his career, The Wall Street Journ al writes.
WALL STREET JOURNAL

Hedge Funds Miss a Stock Market Rally  |  The stock market has climbed since the start of June, but hedge funds have largely remained on the sidelines, The Financial Times reports.
FINANCIAL TIMES

Venture Capitalist to Start a Hedge Fund  |  Rob Chandra, of Bessemer Venture Partners, is reducing his role at the venture capital firm as he prepares to start a $250 million hedge fund known as Avid Park, Reuters reports, citing an unidentified investor in the new fund.
REUTERS

I.P.O./OFFERINGS '

Manchester United Sets Price Range for I.P.O. at $ 16 to $20 a Share  |  Manchester United is moving forward with its initial public offering, disclosing on Monday that it is seeking $16 to $20 a share in its return to the public stock markets.
DealBook '

Facebook Faces Fresh Doubts About Advertising  |  On Monday, a Long Island start-up said it had discovered that Web robots, rather than actual human users, were far more likely to click its ads on Facebook, raising questions about the effectiveness of advertising on the social network, the Bits blog reports.
NEW YORK TIMES BITS

Restaurant Operator Sets Price Range for I.P.O.  |  CKE, which operates the Carl's Jr and Hardees chains, and is backed by Apollo Management, plans to sell 13 .3 million shares at a price of between $14 and $16 each, Reuters reports.
REUTERS

Annie's to Price Secondary Offering  |  Annie's plans to sell 3.2 million shares, after the pasta maker went public in March.
INTERNATIONAL FINANCING REVIEW

VENTURE CAPITAL '

Venture Capital Firm With a Politically Charged Name  |  Bain Capital Ventures, the venture capital arm of Bain Capital, has recently been trying to gain more recognition for its efforts, contacting journalists “just to talk,” The Verge reports.
VERGE

Twitter Introduces a Stock Ticker Symbol Feature  |  A new feature allows Twitter users to search for tweets that mention particular stocks, AllThingsD reports. A similar feature is already offered by Stock Twits, a project of the entrepreneur Howard Lindzon.
ALLTHINGSD

Twitter Silences a Critic of NBC  |  GigaOm writes: “The episode raises questions about free speech and corporate control of social media platforms.”
GIGAOM  |  DEADSPIN

LEGAL/REGULATORY '

Medical Debt Collector Agrees to $2.5 Million Settlement  |  Without admitting wrongdoing, Accretive Health agreed to settle accusations that it violated a federal law re quiring hospitals to provide emergency care even if patents can't afford it, The New York Times reports.
NEW YORK TIMES

Day Trading Firm Runs Afoul of Regulators  |  A firm called Swift Trade has reached a settlement with the Financial Industry Regulatory Authority over an alleged failure to prevent a “pattern of manipulative trading activity,” The Wall Street Journal reports, citing a copy of the settlement.
WALL STREET JOURNAL

The Evolving Contours of Insider Trading  |  Two recent cases filed by the Securities and Exchange Commission show how malleable the term “insider trading” can be, Peter J. Henning writes in the White Collar Watch column.
DealBook '

R.B.S. Said to Be in Talks Over Libor Settlement  |  The Wall Street Journal reports that the Royal Bank of Scotland is “negotiating a settlement with authorities investigating attempted interest-rate rigging at RBS and other banks, and a deal, including fines, could be announced in the next few months, according to people familiar with the matter.”
WALL STREET JOURNAL

Inside the Fed, Calls for Pre-Emptive Stimulus  |  The argument that the Federal Reserve should sometimes buttress the economy against large, potential risks dates to the era of Alan Greenspan, The New York Times reports.
NEW YORK TIMES

Agency Finds Its Chief Wasn't Too Close to Corzine  |  An internal analysis by lawyers at the Commodity Futures Trading Commission found that the agency's chairman, Gary Gensler, did not have a close relationship with Jon S. Corzine, the former head of the failed brokerage firm MF Global. Bloomberg News reports: “They didn't attend each other's weddings, Corzine didn't go to the bat mitzvahs of Gensler's daughters and they haven't socialized together in 14 years.”
BLOOMBERG NEWS

Chinese Solar Company Reveals Soured Deal  |  Suntech Power Holdings, a big manufacturer of solar panels, disclosed a potential fraud by an affiliated company that could stretch its finances to the breaking point, The New York Times reports.
NEW YORK TIMES

Lehman Brothers Raises $4.7 Billion for Payment  |  In the second quarter, Lehman Brothers Holdings raised money through derivatives, real estate sales and the settlement of a lawsuit, as it prepares to pay creditors, Bloomberg News reports.
BLOOMBERG NEWS



UBS Profit Hit After Loss on Facebook IPO

LONDON - UBS on Tuesday reported a 58 percent decline in its net profit during the second quarter as a fall in investment banking income weighed on the Swiss bank.

The drop in profits comes as the chief executive of UBS, Sergio P. Ermotti, is paring back the firm's investment banking unit to focus on its wealth-management division.

Ongoing market volatility connected to the European debt crisis has hit trading activity across the financial services sector.

Like many of its rival, UBS's investment banking unit continued to face difficult market conditions, and was also hit by a 349 million Swiss franc, or $356 million, loss connected to the botched Facebook initial public offering.

The bank said the lack of a solution to the European debt crisis and the Continent's ongoing banking problems could harm the firm's future profits.

“Failure to make progress on these key issues, accentuated by the reduction in market activity levels typically seen in the third quarter, would make further improvements in prevailing market conditions unlikely,” UBS said in a news release.

Net income at the Swiss bank fell to 425 million francs during the three months through June 30, compared with 1.02 billion francs in the same period a year earlier. Operating income fell 10.6 percent, to 6.4 billion francs.

Lower trading revenues and the loss incurred from the Facebook initial public offering hurt UBS's investment banking unit. In total, the division reported a pretax loss of 130 million francs in the second quarter. UBS does not provide net income figures for its separate business units.

Technical errors at Nasdaq exchange earlier this year caused a delay in the start of trading of Facebook shares and later flooded the market with the social networking company's stock. The problems caused UBS to receive more shares than its clients had ordered, according to a company statement.

”We will take appropriate le gal action against Nasdaq to address its gross mishandling of the offering and its substantial failures to perform its duties,” the bank said.

Despite the declining activity in its investment banking unit, UBS said its wealth-management businesses had received 13.2 billion francs of new money during the second quarter of the year.

UBS continues to reduce its exposure to risky assets after a string of recent scandals, including a $2.3 billion trading loss prosecutors say was caused by Kweku M. Adoboli, a former trader at the bank.

The Swiss financial giant said it had cut its risk-weighted assets by 45 billion francs in the second quarter. The bank now plans to reduce the total figure to 270 billion francs by 2013, more than the previous 290 billion-franc target.

UBS said its core Tier 1 capital ratio, a measure of a firm's ability to weather financial shocks, had risen to 8.8 percent, and would reach 9 percent by the end of the year.

The firm also cut more than 700 jobs during the three months through June 30, as part of the bank's plan to achieve 2 billion francs' worth of annual savings by 2013.

UBS is also subject to several investigations into the manipulation of the London interbank offered rate, or Libor. The British bank Barclays agreed a $450 million settlement last month with American and British authorities after some of its traders and senior executives were found to have altered the rate for financial gain.

In a conference call with reporters, Tom Naratil, the bank's chief financial officer, declined to comment on whether UBS had made specific provisions to cover potential fines connected to the manipulation of the rate.



Deutsche Bank Blames Euro Crisis For Earnings Plunge

FRANKFURTâ€"Deutsche Bank, Germany's largest lender, on Tuesday blamed the euro zone debt crisis for a plunge in earnings in the second quarter, saying that the turmoil made clients reluctant to trade in financial markets.

Net income fell 46 percent to 661 million euros, or $811 million, compared to the second quarter of 2011, the bank said. Deutsche Bank reported approximate earnings for the quarter last week, but gave more detail Tuesday.

Jürgen Fitschen and Anshu Jain, who have been sharing the job of chief executive since replacing Josef Ackermann in May, attributed the sag in profit and revenue to ‘‘a volatile environment.''

‘‘The European sovereign debt crisis continues to weigh on investor confidence and client activity across the bank,'' they said in a statement.

The investment banking division previously headed by Mr. Jain, which had been the most profitable unit until recently, suffered a 63 percent decline in pretax profit, to 35 7 million euros, the bank said.

Pretax profit at Deutsche Bank's retail banking operations, including its network of branches in Germany, fell 13 percent to 398 million euros. The German economy, which has been less affected by the debt crisis, has helped make retail banking a more reliable source of profit than investment banking.

The bank reiterated that a decline in the euro compared to the dollar led to an increase in operating expenses that also hurt profit. Bank revenue fell 6 percent to 8 billion euros.

The earnings report is the first under Mr. Jain and Mr. Fitschen, who in May replaced Mr. Ackermann after a decade as head of the bank.



Alibaba Is Said to Be Close to Raising $8 Billion

Some American Internet companies may be unpopular with investors these days, but a Chinese one is finding plenty of takers.

The Alibaba Group, a Chinese e-commerce giant, is close to completing a more than $8 billion round of financing that will value it at as much as $43 billion in equity, according to two people briefed on the matter. Alibaba plans to use the bulk of that new money to buy back a 20 percent stake in itself from Yahoo for $7.1 billion. Yahoo owns 40 percent of Alibaba.

One Yahoo executive who signed off on that deal with Alibaba, Ross Levinsohn, announced on Monday that he was leaving the Internet company. The departure of Mr. Levinsohn, who served as Yahoo's interim chief executive for three months, was expected after the company's board hired Marissa Mayer from Google as its new leader.

With its financing nearly in place, Alibaba is prepared not only to solidify its position as the most valuable privately held Internet company but also to take a big step toward separating itself from Yahoo, which has struggled to revive its brand and stock price.

Alibaba's financing round includes a $1.5 billion sale of convertible preferred shares, based on a $43 billion equity valuation for the company, and the sale of $2.6 billion in common shares, at a roughly $35 billion valuation, the people briefed on the matter said. They requested anonymity because the discussions are private. Alibaba is also close to borrowing $4 billion.

The agreement with Yahoo stipulated that Yahoo could receive more than $7.1 billion if its Chinese partner raised money at a significantly higher valuation than it is expected to. Yet because the sale of preferred shares and common shares are subject to certain discounts, Alibaba is still expected to pay close to the original amount.

Still, that price represents a big return on Yahoo's investment.

Yahoo invested $1 billion in Alibaba about seven years ago, gaining a 40 pe rcent stake in what was then seen as a promising Chinese start-up company.

Now the Alibaba 40 percent stake makes up more than half of Yahoo's $20 billion market value. Under the agreement hashed out in May, Yahoo will sell back another 10 percent of Alibaba shares when the Chinese company goes public and divest itself of the rest at later date.

Shares of Yahoo fell nearly 1 percent on Monday to close at $15.98 per share.

The two companies have butted heads a number of times in recent years. Alibaba's decision in 2010 to spin off its Alipay online payment business prompted protests from Yahoo that it had not been properly consulted. The dispute was not settled until last summer.

Alibaba has long sought to buy back Yahoo's interest in itself, though attempts to reach an agreement fell apart many times. Irritated that Yahoo was considering selling a minority stake in itself to investor groups last year, Alibaba threatened to wage a hostile takeover atte mpt to try to forestall such a possibility. The American company eventually abandoned the idea.

Alibaba is raising billions of dollars from a patchwork of international backers. Nearly a dozen investors, including hedge funds, sovereign wealth funds, mutual funds and private equity firms, will buy the preferred shares, these people said. The China Investment Corporation, that country's sovereign wealth fund, will participate in the purchase of the common shares. The China Development Bank, is expected to provide a substantial portion of the loan to Alibaba.

Joseph C. Tsai, Alibaba's chief financial officer, who has led the company's fund-raising efforts, tried to limit the financing round to a small group of investors to restrict access to Alibaba's financial information, one of the people briefed on the financing matter said.

The rapid rise of Alibaba, a collection of Chinese consumer and business-to-business e-commerce sites, illustrates how quickly momen tum can shift on the global Web. Seven years ago, the company was eager for a capital infusion amid intensifying competition from domestic and international rivals like eBay, which owned an online auction site named Eachnet. In 2004, the year before Yahoo's investment, Alibaba recorded just $68 million in revenue.

Since then, Alibaba's sales have swelled.

In the first half of this year, Alibaba recorded a little more than $1.8 billion in revenue, more than 60 percent more than in the year-earlier period, people with knowledge of the matter said.

In contrast, Yahoo has fallen nearly as swiftly. In early 2008, Yahoo spurned a takeover offer from Microsoft - a bid that valued it at roughly $45 billion. Since then, Yahoo's slumping advertising sales have slumped and it has lost market share to companies like Google and Facebook. Its shares, since its Alibaba investment, have lost more than half their value.

In an effort to appease investors, Yahoo has sai d the proceeds of Alibaba's purchase will be returned to shareholders, possibly through a share buyback program.

Alibaba is expected to complete the repurchase of the 20 percent stake in the beginning of the fourth quarter.



Suggestions for an Apple Shopping List

Question: What would you do if you had $117 billion?

That's the challenge facing Tim Cook, Apple's chief, whose company's cash hoard keeps growing - by about $1 billion a week.

He could hold onto it. He could increase Apple's dividend, which he instituted this year for the first time.

Or he could spend it.

Just last week, Mr. Cook acquired AuthenTec, a mobile security company, for $356 million in cash - a price equal to pocket lint for a company with the war chest the size of Apple's.

The real question is whether Mr. Cook would ever spend Apple's money on an “elephant” - Wall Street parlance for a huge deal.

Apple denizens often say that the company is not interested in deal making. It has, after all, invented some of today's most successful consumer products. But that view misunderstands Apple's history: some of its most important innovations were not invented within Apple; they were purchased from other companies.

For example , the touch-sensitive gesture technology that made the iPhone and iPad possible was invented and patented by FingerWorks, which Apple acquired in 2005. Siri? Apple bought it in 2010. Even Apple's urrent Macintosh current operating system was an acquisition of sorts. It is built on the back of NeXT, acquired from Steve Jobs (they got him to return as part of the deal, too) in 1996. (Pixar, Mr. Jobs's other big success, was an acquisition as well. He bought the company from George Lucas as part of a spinoff from Lucasfilm in 1986.)

A year before Mr. Jobs died, he strongly hinted that Apple would consider a big deal. “We strongly believe that one or more very strategic opportunities may come along, that we are in a unique position to take advantage of because of our strong cash position,” Mr. Jobs said in a call with analysts in 2010.

Having all that money can be daunting, so to help Mr. Cook, here is a potential shopping list - some must-buys and some pie-in-th e-sky targets - that he may want to consider:

NUANCE This is the one no-brainer on the list. Nuance, based in Burlington, Mass., provides much of the speech recognition technology behind Apple's Siri and dictation functions. Right now, Apple has merely licensed it and integrated it into both its mobile devices like iPhones and iPads as well as its new Macintosh operating system. Most users think it is Apple technology, but those services wouldn't work without Nuance.

It should go without saying, but the importance of speech recognition is only going to increase in the future. Nuance has more patents for it and has developed the technology further than just about any firm in the world. At some point, Nuance will be able to hold Apple for ransom. Google and Microsoft are steadily building their own speech recognition technologies and they are catching up quickly. Nuance's market value is $6.3 billion. Even if Apple paid twice as much, it would be a worthwhile inves tment.

TWITTER AND PATH Consider this a one-two punch. Apple should buy the social media companies Twitter and Path. Twitter is well known. The 140-character Twitterverse now has more than 140 million active monthly users. It is one of the few, if only, independent social media properties that could allow Apple to build its own social media platform to truly compete against the likes of Facebook and Google.

Twitter's price tag is just north of $10 billion, and as my colleagues Evelyn M. Rusli and Nick Bilton reported in The New York Times last week, the idea has certainly crossed the minds of Apple executives.

Path is less familiar, but it would be an integral ingredient for Apple's push into social media. Path is a fast-growing social media company that works on mobile devices only. It has cracked the code on making the mobile experience of sharing with friends enjoyable. Path would probably cost $250 million to $1 billion. If Apple were to stir together T witter, Path and its own Photo Stream service - and leveraged all the data it has collected about its users over the years (while mindful of privacy issues) - the company would have quite a product that would keep consumers hooked.

RESEARCH IN MOTION Yes, this one may be a head-scratcher, considering that the iPhone seems to have eaten RIM's BlackBerry for breakfast - and lunch. But with a marke value of $3.7 billion it is a relative bargain and could be had for four weeks' worth of Apple's spare cash).

Such a deal would instantly put Apple into the enterprise market, giving it access to corporate and government customers that require RIM's highly secure servers. Apple could build access into RIM's network directly into future iPhones and maybe even create an iPhone with BlackBerry's famous keyboard, which for many of us would create the ultimate smartphone.

RIM's relationships with corporate and government customers could be leveraged to sell other product s like computers and iPads. RIM also owns QNX, a software that is being used in its next-generation BlackBerry devices. More important for Apple, QNX is used as an in-dashboard operating system, and it is already in 20 million cars, like Chryslers and Porches.

Finally, there are RIM's patents, said to be worth $1 billion to $4 billion alone, a virtual treasure trove for a company that is locked in brutal patent wars with rivals. Google paid $12.5 billion for Motorola Mobility last year, in part, to secure the company's patent portfolio.

SQUARE Everyone is talking about the mobile wallet. Square, started by the Twitter co-founder Jack Dorsey, has created a unique new electronic payment system though iPhones and iPads. The next time you go to a coffee shop, there is a chance you can pay with your iPhone simply by saying your name when you get to the cash register.

Square's value has crept up to more than $3 billion, which is high for a company that is still l osing money. But if Apple could integrate Square into iTunes - which has over 400 million active credit cards on file from around the world - it could become a sensation overnight, pushing out rivals like VeriFone and PayPal.

SPRINT Yes, the phone company. This might seem the most out-there idea. But it solves many of Apple's biggest problems.

Such a deal would give Apple its own wireless network, which it could upgrade to become the ultimate high-speed wireless carrier in the country. It could eventually use the network to bypass the cable operators to deliver content directly to the home on multiple devices, including the product that everyone speculates is on its way: a TV device.

With a stock market value of $13.5 billion, Sprint can be purchased for a song. Apple could easily spend four times more than that - say, $50 billion - to build out the Sprint network and turn it into a showcase for the next generation mobile technology. Apple could still offer its devices on other carriers, but its premium product would exist on its own network.

Think about it: Apple service, Apple Stores and simple Apple pricing. That would revolutionize the business. And such an investment would force the other carriers to step up their game, which would only help Apple. Most compelling is the possibility of Apple owning the last mile into everyone's home (wirelessly) and be able to offer televised content. (I had considered Netflix as a suitable acquisition target, but if Apple had its own telephone company, it could negotiate directly with content providers on a level playing field with cable and satellite operators.)

The total cost for this grocery list, takeover premiums and additional investments included, is about $97 billion, give or take a couple billion. (Let's put aside the thorny issue of how Apple can use its cash, much of which is abroad, without being taxed). That would leave Mr. Cook with almost $15 billion in th e bank for walking-around money.



Tiger Management Helps Next-Generation Funds

When a top hedge fund manager donated money to start a student-run portfolio at the University of Virginia in 1994, Richard Gerson was one of the few undergraduates to earn a spot managing the six-figure portfolio.

It was the first connection of many that paved his way to the upper echelons of the hedge fund industry.

Mr. Gerson parlayed his college experience into an internship at Tiger Management, the vaunted hedge fund firm run by Julian Robertson. He then helped John Griffin, a top deputy of Mr. Robertson and the sponsor of the investment club, start Blue Ridge Capital.

Now, Mr. Gerson, 37, is building a new firm.

Mr. Gerson and his business partner, Navroz D. Udwadia, have raised $1.2 billion for Falcon Edge Capital, according to people with knowledge of the matter. At a time when investors are reluctant to hand over money to unproven managers, Falcon Edge is the hedge fund equivalent of a high first-round draft pick.

Mr. Gerson is capita lizing on his background.

In a relatively young industry where stars can quickly fade, Tiger Management - and its myriad affiliates like Falcon Edge - is the closest thing to a hedge fund dynasty. After a brief career in finance, Mr. Robertson started Tiger in 1980 with seed money from friends and family. He regularly racked up double-digit returns by taking big positions in companies with good long-term growth prospects and aggressively betting against those stocks poised to fall.

Mr. Robertson trained his young protégés - the so-called Tiger cubs - in the same tradition, creating the next generation of hedge funds stars. After leaving Tiger in 1993, Lee Ainslie started Maverick Capital, which currently manages roughly $10 billion. Stephen F. Mandel Jr. began Lone Pine Capital in 1997. Two years later, Andreas Halvorsen opened Viking Global.

“We really gravitated to young people, and that was a great deal of our success,” said Mr. Robertson, 80, who often hired people in their 20s. “I was just an old goat with all these young geniuses around.”

As the first wave of Tiger cubs age, they are breeding new funds, too.

Blue Ridge Capital, where Mr. Gerson honed his skills, has been a particularly good incubator for talent. While Blue Ridge has subscribed to the long-term strategy of Tiger, the founder, Mr. Griffin, has infused the firm with his own philosophy. As a proponent of behavioral finance, he trained analysts like Mr. Gerson to identify how ego and emotion can affect the market and stock performance.

The fund, which is named for the mountain range that run through several Eastern states, has returned an average of 20 percent a year since 1996, compared with 8.9 percent for the Standard & Poor's 500 index. Despite strong demand, Blue Ridge has refused new investments for most of the last decade.

The blend of success and exclusivity has created a halo effect for its graduates. Christopher R. Hansen, the founder of the $2 billion Valiant Capital, was an early investor in Facebook. David Greenspan, another Blue Ridge Capital alumnus, is expected to raise more than $1 billion this year for his new firm, Slate Path Capital.

In building Falcon Edge, Mr. Gerson is tapping the wealth of relationships that he has cultivated over the last 18 years as part the Tiger family. He chats regularly with the billionaire commodities investor Thomas Kaplan, who has one of the largest private collections of Rembrandts. Nearly a decade ago, Mr. Gerson met the real estate magnate Sam Zell. The meeting was made possible through Mr. Gerson's brother, Mark, the co-founder of the Gerson Lehrman Group, a firm that connects industry specialists with investors.

Mr. Zell said he was so charmed by the young investor that he asked Mr. Gerson to join him for a trip to Egypt to meet with government officials and investors. Since then, Mr. Zell and Mr. Gerson have traveled extensively throughout the Middle East and Asia, including Iraq, Dubai, Cairo and Beijing.

“I don't think I've ever met anyone better at networking than Rick,” said Mr. Zell.

Mr. Gerson, who is known for his intense manner and boyish grin, is a force of personality.

While working on the student-run portfolio in 1994, he contacted Mr. Griffin, then the president at Tiger Management, for a job. Mr. Griffin was not planning on hiring any interns. But he relented after Mr. Gerson e-mailed him incessantly.

Mr. Griffin was impressed. When he branched out on his own the next year, he offered Mr. Gerson a job. In those early days of Blue Ridge Capital, Mr. Gerson picked stocks and helped shape investment decisions from his college dorm room.

At Blue Ridge, Mr. Gerson has developed a reputation as a rapid-talking, high-energy investor who can be equally blunt. While friends say that Mr. Gerson lacks the usual filter, it is usually interpreted as honesty rather than rudeness.

“He can get away with being very direct,” said Mr. Hansen, a former colleague and the founder of Valiant. “Other people may not be able to pull it off because people would think they have an agenda, but Rick is so good at admitting his mistakes.”

A spokesman for Blue Ridge declined to comment.

Mr. Gerson did have to repent for a misstep in China. In 2006, Mr. Gerson oversaw a Blue Ridge private equity portfolio there with a local partner, raising $1.45 billion. But one of the fund's first investments, ITAT, became ensnared in a major accounting fraud, bruising Blue Ridge and other blue-chip investors, like Morgan Stanley and Merrill Lynch.

Soon after, Mr. Griffin unwound the fund and returned the money to investors, according to people with knowledge of the matter. But he was upfront about his mistakes. Mr. Gerson conceded to friends and colleagues that private investments in China were more difficult than anticipated and that t he team had overestimated its knowledge of the market.

Tiger ties do not always guarantee success. Chris Shumway, a top deputy of Mr. Robertson, shut down Shumway Capital in 2011 after investors revolted over some management changes.

The offspring of those Tiger cubs have faced their share of troubles, too. JAT Capital, started by an alum of Shumway Capital, is down nearly 20 percent in 2012, after stellar returns for years.

Since many of the managers are steeped in the same principles, some traders joke they often suffer from “group think.” The cubs tend to hold similar positions in certain companies, like Apple or MasterCard. These stocks are sometimes referred to as “101 Park” names, a nod to the building that housed Tiger Management and several affiliates.

Mr. Gerson is hoping to build something different, even as he borrows from the blueprints of Mr. Griffin and Mr. Robertson, according to several people with knowledge of the firm. Falcon Edge will own publicly traded stocks, but it will also make investments in private companies that are not listed on exchanges.

The firm plans to invest overseas, too. Mr. Udwadia, Mr. Gerson's partner, is an emerging-markets specialist from the well-known hedge fund Eton Park Capital Management. Mr. Gerson wants to focus on the Middle East, where he has spent years establishing ties.

But Mr. Gerson will be based in Manhattan.

Falcon Edge is just one floor below Blue Ridge Capital at 660 Madison Avenue.



Manchester United Sets Price Range for I.P.O. at $16 to $20 a Share

Manchester United is moving forward with its initial public offering, disclosing on Monday that it is seeking $16 to $20 a share in its return to the public stock markets.

At the midpoint of that price range, the 134-year-old English soccer team's stock sale would raise about $333 million. The club itself would be valued at about $2.9 billion, including both Class A and Class B shares.

All told, Manchester United plans to sell about 16.6 million shares in the offering. Its underwriters have the option of selling an additional 2.5 million shares to cover additional demand.

Monday's amended prospectus brings Manchester United a step closer to regaining a stock ticker, this time in the United States. The team's controlling shareholder, Malcom Glazer, is selling shares that make up about half of the I.P.O.

The company had previously considered listing in Hong Kong and Singapore, with a listing on its hometown London Stock Exchange considered impossible because of the team's dual-class share structure.

Founded by railway workers, Manchester United has become one of the most prominent sports franchises on the planet, with players like Wayne Rooney becoming global superstars. The company estimated that during its 2010-2011 season, its games attracted an average live audience of 49 million people. And it sold more than 5 million licensed products in the past year, including 2 million jerseys.

(Those jerseys will eventually bear a new sponsor. Manchester United announced in a separate statement on Monday that it has signed a seven-year accord with General Motors to make Chevrolet its newest corporate sponsor, replacing the Aon Corporation. Among the team's previous sponsors was the American International Group.)

The offering is being led by the Jefferies Group, Credit Suisse, JPMorgan Chase, Bank of America Merrill Lynch and Deutsche Bank.



Levinsohn Confirms That He\'s Leaving Yahoo

Ross Levinsohn, the executive who served as Yahoo‘s interim chief, confirmed on Monday that he was leaving the tech company after being passed over to fill the spot permanently.

The departure of Mr. Levinsohn was not surprising, after Yahoo named former Google executive Marissa Mayer as its new leader.

In an e-mail to friends reviewed by DealBook, Mr. Levinsohn did not disclose his next steps. But he praised the company as having an “amazing brand” and described his short tenure as interim chief executive as “one of the best experiences of my career.”

Here's a note that Mr. Levinsohn e-mailed to friends:

I wanted to let you know that my time at Yahoo has come to an end. It has been an incredible journey for me and I could not be prouder of what we accomplished over the past few years helping define Yahoo as a leader in digital media and advertising. Yahoo is an amazing brand and company, and I leave knowing we did all we cou ld to help inform and entertain more than 700 million users each month. Leading this company has been one of the best experiences of my career, but it is time for me to look for the next challenge.

Azam Ahmed contributed reporting.



Go Daddy Chief to Step Down, as a K.K.R. Executive Steps In

When the Go Daddy Group announced on Monday that its chief executive, Warren Adelman, was stepping down, the Web hosting company didn't have far to go to find an interim replacement.

It plucked an executive from Kohlberg Kravis Roberts, one of its owners.

Go Daddy named Scott Wagner, a senior member of K.K.R.'s Capstone division, as its interim chief while it looks for a permanent new leader. While the company didn't name a reason for Mr. Adelman's stepping down, it said that the executive will remain at the company as a special adviser for strategy and global policy.

It is the biggest management change at Go Daddy since the company's $2.25 billion leveraged buyout last year by K.K.R., Silver Lake and Technology Crossover Ventures. At the time, Go Daddy was seeking financial backers who would help support its efforts to grow, especially internationally.

It's been growing since then, reaching more than $1.1 billion in sales last year and expanding it s presence in markets like India.

But since being taken over, the company once known for risqué advertising featuring scantily clad spokeswomen like Danica Patrick and Jillian Michaels has been toning down its rebellious spirit as well. A new commercial nods to Go Daddy's history of using buxom spokeswomen, but also brings in a decidedly less sexy employee to emphasize the company's technological stability.

For the time being, Go Daddy will also be headed by a decidedly unflashy chief. Mr. Wagner leads the North American operations of K.K.R.'s Capstone unit, an internal consulting arm focused on improving portfolio companies' performances. A veteran of the Boston Consulting Group, he has been working with Go Daddy on its international expansion efforts.

“I look forward to working with the innovative and long-tenured management team at Go Daddy,” Mr. Wagner said in a statement. “We will keep enhancing the ways we enable and empower small businesses to grow their online presence.”



The Evolving Contours of Insider Trading

Insider trading has been a focus of the Justice Department and the Securities and Exchange Commission. But it is not defined in any federal statute, and two recent cases filed by the S.E.C. show how malleable the term “insider trading” can be.

Most insider trading cases are pursued as a violation of Rule 10b-5, which prohibits making misstatements or omitting material facts, or employing “any device, scheme, or artifice to defraud” investors. As a type of fraud, insider trading requires showing the defendant violated a duty of trust and confidence by taking confidential information and using it for personal gain.

In one case, the S.E.C. sued Ladislav Schvacho over trades generating more than $500,000 in profits in Comsys IT Partners stock shortly before the announcement that it would be acquired, causing a 31 percent jump in its shares. He is accused of learning about the transaction from Larry L. Enterline, a close friend who was the chief executive of Comsys.

To prove insider trading, the S.E.C. will have to show not only that Mr. Schvacho possessed the information, but that he violated a fiduciary duty to Mr. Enterline based on their long friendship. Mr. Schvacho did not have any other connection to Comsys, and so did not have the typical duty owed by an employee or agent of a corporation.

The Supreme Court established the fiduciary duty requirement in Chiarella v. United States, holding that insider trading “is premised upon a duty to disclose arising from a relationship of trust and confidence between parties to a transaction.” In most cases, the person obtains the information as part of their job, or as an outside consultant, like a lawyer or investment banker in a transaction.

In United States v. Chestman, the United States Court of Appeals for the Second Circuit rejected a marital relationship as sufficient for insider trading liability when a husband learned of an impending deal from his wife. Whether the personal friendship between Mr. Schvacho and Mr. Enterline is enough for an insider trading violation is certainly questionable, although the case was filed in Georgia (which is in the 11th Circuit), so the Chestman decision is not directly controlling.

If the S.E.C. is right that a friendship can be enough to show the requisite fiduciary duty for insider trading, then it will expand the potential for pursuing cases based only on personal relationships even if the trader did not have any formal connection to the source of the confidential information.

Even if the commission cannot show insider trading under Rule 10b-5, it may still be able to win its case because it also accused Mr. Schvacho of violating Rule 14e-3, which prohibits insider trading on information about a tender offer. Unlike the usual case, this violation does not require proving a breach of a fiduciary duty, only that the person knew the information was confidential. It was mo re a matter of luck for the S.E.C. that the Comsys transaction was made through a tender offer rather than another means for an acquisition, like a merger or asset sale.

In a second case, the S.E.C. sued Manouchehr Moshayedi, the chief executive and chairman of STEC, for selling shares for over $133 million without disclosing negative information about the company's sales. Although the S.E.C. may be able to show the trading involved fraudulent conduct, it is not clear how it constitutes insider trading.

Mr. Moshayedi sold his shares in a secondary offering â€" at a nearly 10 percent discount to the market price â€" when STEC announced its quarterly earnings in August 2009. The company's announcement hailed increased revenue and profit, including sales of its leading flash memory product to EMC.

The S.E.C. claims that Mr. Moshayedi had STEC enter into a secret side deal with EMC to buy more product than it needed so that STEC could continue to promote grow ing sales to keep the stock price up. When the company later released negative sales information, STEC shares dropped over 30 percent, far more than the discount in the secondary offering.

There is no allegation that Mr. Moshayedi misled STEC management about the deal with EMC, or that he secretly converted corporate information to his personal use. Although the complaint alleges he breached a fiduciary duty to the company, it is unclear how Mr. Moshayedi acted improperly as chief executive. And the S.E.C. did not accuse STEC of making any improper disclosures in its earnings announcement.

Unlike most insider trading cases, in which there is no relationship between the buyer and seller, in this case the real victims would be the purchasers in the secondary offering who would have wanted to know about the potential for slowing sales of STEC's flagship product.

This case looks more like a typical fraudulent disclosure case in which the party on the other s ide is misled about the value of the securities. Indeed, it harks back to the situation that led to the adoption of Rule 10b-5 in 1942.

At that time, the S.E.C. receive information that the president of a company was telling shareholders it was doing badly and then buying their shares, when in fact it was performing quite well. There was no specific prohibition of fraudulent conduct in acquiring stock, so the S.E.C. staff members wrote up a proposal that became Rule 10b-5. In approving it, the only discussion was the statement by one commissioner who said, “Well, we are against fraud, aren't we?”

This was long before the S.E.C. started pursuing insider trading cases, and the civil charges against Mr. Moshayedi are more like a classic omission case in which a seller is accused of misleading a buyer. While the traditional rule of caveat emptor â€" “let the buyer beware” â€" usually applies in the market place, when the seller is the chief executive of a company then one can expect to receive complete disclosure.

Attaching the label “insider trading” to the case will not make it any more difficult to prove as a violation of Rule 10b-5, but it is misleading to claim that Mr. Moshayedi's conduct is similar to others accused of that transgression. Whether he was required to disclose information about STEC's sales is a different issue from converting corporate information for personal gain.

The S.E.C. did not reach settlements with Mr. Schvacho or Mr. Moshayedi before filing its complaints, so there is a chance the cases will be litigated, which means the courts may explore the contours of insider trading.

Peter J. Henning, who writes White Collar Watch for DealBook, is a professor at Wayne State University Law School.



Business Day Live: For More Pianos, Last Note Is Thud in Dump

The pressure is on for Mario Draghi to preserve the euro. | Markets look for signals of more stimulus from the Fed. | Where pianos go to die.

Oracle to Buy Xsigo

Oracle is extending its recent embrace of the cloud, agreeing on Monday to acquire privately held Xsigo Systems, a maker of network virtualization software.

Roper Industries to Buy Sunquest Information Systems for $1.4 Billion

Roper Industries, an industrial manufacturer, has agreed to purchase Sunquest Information Systems, a maker of diagnostic and laboratory software for $1.42 billion in cash.

The acquisition comes amid increasing consolidation in the medical diagnostics industry.

Sunquest, which specializes in patient management and diagnostics software, will complement Roper's existing medical business. Sunquest's products are currently used in more than 1,700 hospitals.

“Sunquest meets all of Roper's key acquisition criteria and is an ideal fit with both our medical and software platforms,” Brian Jellison, Roper's chief executive, said in a statement. ”The business is the market leader in software solutions for the critically important healthcare provider laboratory market.”

Sunquest, which is currently owned by private equity firms Huntsman Gay Global Capital and Vista Equity Partners, will continue to market its products under its own brand.

Roper, w hich also operates in the energy and transportation industries, announced on Monday that it generated $115 million in profit on $724.9 million in revenue for the second quarter. It upped its full-year earnings outlook to a range of $4.84 to $5 per share, from $4.75 to $4.91 per share.

Roper Industries hired Barclays to serve as its  financial advisor, while Sunquest was advised by Jefferies & Company.



Chicago Bridge & Iron to Buy Shaw Group for $3 Billion

The engineering company Chicago Bridge & Iron agreed on Monday to buy rival Shaw Group for $3 billion.

Under the terms of the acquisition, CB&I is offering $46 a share in cash and stock for Shaw, which specializes in power generation and government services sectors. The deal represents a 72 percent premium on Shaw's closing price on Friday.

CB&I, based near Houston, Texas, said the acquisition would expand its engineering operations in the energy sector, as global demand for fossil fuels continues at pace.

“This is a highly compelling transaction that will create significant value for our shareholders,” Philip K. Asherman, CB&I's chief executive said in a statement. “By adding them into the CB&I family, we will become fully diversified across the entire energy sector.”

The company said it would finance the acquisition of Shaw Group through existing cash reserves and debt financing provided by Bank of America and Credit Agricole.

The de al is expected to close during the first quarter of 2013.

Bank of America Merrill Lynch and the law firm Wachtell, Lipton, Rosen & Katz advised CB&I, while Morgan Stanley and the law firms Vinson & Elkins and Jones, Walker, Waechter, Poitevent, Carrère & Denègre advised Shaw Group.



Morning Take-Out

HSBC Sets Aside $2 Billion for Legal Woes as Profit Falls  |  Profit at HSBC Holdings dropped nearly 9 percent in the first half of the year, as the big bank deals with the fallout from a money laundering investigation and a settlement over selling inappropriate financial products.

On Monday, HSBC said that it had set aside $700 million to cover the potential fines, settlements and other expenses related to a money-laundering inquiry in the United States. The bank made a further $1.3 billion provision toward a regulatory settlement related to payment protection plans for credit card loans, home mortgages and other consumer borrowings.

The legal woes weighed on the company's financial results. In the first half the year, HSBC announced net income of $8.4 billion, down from $9.2 billion in the previous year. HSBC's operating income rose slightly, to $43.6 billion, over the same period.

“I very much regret HSBC's past failures and I apologize for them. Our controls should have been stronger and more effective,'” Mr. Gulliver said Monday. ‘”We are committed to doing whatever it takes to make sure the organization is able to detect and prevent unacceptable behavior.”

Even so, HSBC's final legal bills could rise. On Monday, the British bank's chief executive, Stuart Gulliver, indicated there was “tremendous uncertainty” around the money laundering case, and the “number could be significantly higher.” He called the $700 million provision “a best estimate based on the facts that we currently know.”
DealBook '

DEAL NOTES

A Tech Giant Defies Conventional Wisdom  |  James B. Stewart, the Common Sens e columnist for The New York Times, writes that if eBay can turn itself around, it would have “big implications for struggling companies like Yahoo and AOL, not to mention more recent sensations that have already lost some luster.”
NEW YORK TIMES

Adding Up Marissa Mayer's Pay at YahooAdding Up Marissa Mayer's Pay at Yahoo  |  Marissa Mayer can earn at least $117 million over five years at Yahoo - and much more if Yahoo's stock price rises, the Deal Professor writes.
DealBook '

Real Estate Mogul Fears a Revolution  |  Jeff Greene, a real estate billionaire who suc cessfully shorted the housing market and then started buying up mortgage bonds, tells New York magazine that his “real, legitimate fear” is that the less-fortunate will “take over this country.”
NEW YORK

U.S. Economic Recovery Loses Momentum  |  Figures released on Friday showed the United States economy grew at an annual rate of 1.5 percent in the second quarter, making the recovery more vulnerable to shocks at home and in Europe.
NEW YORK TIMES

Mergers & Acquisitions '

Protesting Coup at Duke Energy, 2 Board Members Step Down  |  In separate statements, two former directors of Progress Energy said the merged company needed a new chief to restore confid ence among investors and regulators.
DealBook '

Apple Officials Said to Consider Stake in Twitter  |  Apple, which has stumbled in its efforts to get into social media, has talked with Twitter in recent months about making a strategic investment in it, Evelyn M. Rusli and Nick Bilton report in The New York Times.
DealBook '

Apple to Acquire AuthenTec for $356 Million  |  The acquisition of the company, which designs security products for mobile devices such as fingerprint sensors, could help Apple bolster the security of its products,
DealBook '

Universal Said to Offer to Sell Prized Label  |  The Universal Music Group, which is trying to get approval for a takeover of EMI Music, has offered to sell the bulk of EMI's Parlophone division, Reuters reports, citing three unidentified people familiar with the matter.
REUTERS

Northern Iron of Australia Gets Rival Bid  |  The Australian mining firm Northern Iron said it received a bid from the Swiss trading house Prominvest valuing it at about $550 million, Reuters reports. The bid competes with a lower offer from the Indian conglomerate Aditya Birla.
REUTERS

Aviva Said to Receive Unsolicited Offers for Unit  |  The British insurer Aviva, which is said to be preparing its United States business for a sale, received unsolicited approaches for the unit, which could be wor th about $1.57 billion, The Sunday Telegraph reported, according to Reuters.
REUTERS

Russian Co-Owners Oppose TNK-BP Dividends  |  The vote put pressure on BP to resolve ownership issues at TNK-BP, its joint venture in Russia, Reuters reports.
NEW YORK TIMES

INVESTMENT BANKING '

The Bond Market's Crown Prince  |  Mohamed A. El-Erian, the chief executive of the bond house Pimco, is in line to take the reins one day from his co-chief investment officer, William H. Gross, The New York Times reports. But some in the industry have doubts about whether Mr. El-Erian, whose trading background is thinner, can replicate Mr. Gross's success.
N EW YORK TIMES

After Huge Loss, JPMorgan Rearranges Top OfficialsAfter Huge Loss, JPMorgan Rearranges Top Officials  |  Matthew Zames and Frank Bisignano were promoted to co-chief operating officers of the bank, while Jes Staley moved from being chief executive of the corporate and investment bank to chairman.
DealBook '

Jamie Who?  |  A poll by “60 Minutes” and Vanity Fair found that only 14 percent of respondents could correctly identify Jamie Dimon, the chief executive of JPMorgan Chase.
VANITY FAIR

Bank of America Said to Have Mulled a Breakup  |  The Wall Street Journal reports: “Long before Sanford Weill suggested last week that big banks should split up, Bank of America executives and directors considered the idea and then decided against it, said people close to the nation's second-biggest bank by assets.”
WALL STREET JOURNAL

With Departure of Barclays Chief, End of an Era  |  Fortune writes that the resignation of Robert E. Diamond Jr. over the Libor scandal “carries far broader significance than the demise of a single talented executive. It may, in fact, signal the death of his dream. That dream is the model of the universal bank.”
FORTUNE

German Banks Stand Out in Survey  |   Floyd Norris writes in The New York Times: “German banks are overwhelmed with deposits, and see continuing strong demand for loans to purchase homes. Other banks see deposits flowing out, and say they are tightening credit standards at the same time that fewer and fewer customers want to borrow.”
NEW YORK TIMES

Deutsche Bank Trading Executive Departs  |  Antoine Cornut, who ran flow-credit trading for Deutsche Bank in the Americas and Europe, has left the German lender for a hedge fund, Bloomberg News reports.
BLOOMBERG NEWS

Profit Falls at South Korean Banks  |  Combined, lenders in South Korea reported a 59 percent decline in profit in the second quarter compared with a year earlier, Bloomberg News reports.
BLOOMBERG NEWS

PRIVATE EQUITY '

K.K.R.'s Quarterly Profit Surges  |  The investment firm said on Friday that its profit more than doubled in the second quarter as the value of its holdings - and one in particular, Alliance Boots - rose significantly.
DealBook '

Buyout Firms Get in the Olympics Spirit  |  The British firm Phoenix Equity Partners recently held its own version of the Olympics, called the “Phoenix Olympics,” while other firms, like K.K.R., are closely following the actual events, The Wall Street Journal reports.
WALL STREET JOURNAL

WL Ross Misses Target for Fund  |  The firm run by Wilbur L. Ross Jr. raised about $640 million for a new private equity fund, falling short of a $2 billion goal, Bloomberg News reports.
BLOOMBERG NEWS

3 Private Equity Firms Consider Final Bids for Getty  |  The Carlyle Group, CVC Capital Partners and TPG Capital remain in the auction for Getty Images and are considering final bids, Reuters reports, citing unidentified people familiar with the matter.
REUTERS

HEDGE FUNDS '

Hedge Fund Industry Takes a Shine to Mutual Funds  |  As the asset management industry changes, more hedge funds are offering products for individual investors, Barron' s writes.
BARRONS

SkyBridge Plans a Push Into Asia  |  SkyBridge Capital, an American fund that invests in hedge funds, plans to open a Singapore office next year with a new fund focused on Asia, the trade publication AsianInvestor reports. It is also considering opening a Hong Kong office the following year.
ASIANINVESTOR

South Korea to Lower Barrier to Starting Hedge Funds  |  The Yonhap news agency reports that South Korea has decided to lower the minimum amount of money that asset managers must have in order to start a hedge fund.
YONHAP

Hedge Funds Extend a Bet on Commodities  |  The mov es came amid speculation that the Federal Reserve might increase its economic stimulus measures, Bloomberg News reports.
BLOOMBERG NEWS

I.P.O./OFFERINGS '

Twilight of the Tech Bubble of 2012?  |  Shares of Facebook and Zynga were battered last week, and Netflix and Groupon were also under pressure, as investors and analysts lost some enthusiasm for the companies that were supposed to underpin a new Internet era. The New York Times writes: “There were instant echoes of the crash of 2000, when the money stopped flowing, the dot-coms crumbled and Silicon Valley devolved into recriminations and lawsuits.”
NEW YORK TIMES

Facebook Stock Continues to Fall After Earnings Report  |   Facebook probably wishes it could unfriend its stock ticker symbol right about now, Nick Bilton reports for The New York Times Bits blog.
DealBook '

Horse Racing Deal Fails to Leave the Gates  |  A plan to allow ordinary investors to back racehorses was scrapped due to market conditions, The Wall Street Journal reports.
WALL STREET JOURNAL

Markit Group Decides Against I.P.O. This Year  |  The decision ended speculation that the financial information company might go public during the next 12 months, Financial News reports.
FINANCIAL NEWS

VENTURE CAPITAL '

A Tech Hub Emerges in the West Bank  |  With companies like ASAL Technologies, a tech firm with 120 employees, the West Bank city of Ramallah is aiming to become a Middle Eastern version of Silicon Valley, The New York Times reports. Unlike other industries, the technology sector is less affected by impediments like barriers, checkpoints and permit requirements.
NEW YORK TIMES

When Craigslist Snuffs Out Innovation  |  Craigslist recently accused Padmapper, which places apartment listings on a map, of infringing on copyright and trademark. And it wasn't the first time the classifieds site has claimed such violations, writes Nick Bilton on the Bits blog.
NEW YORK TIMES BITS

Learning Entrepreneurship in School  |  A training program called the Founder Institute, which charges tuition of less than $1,000, requires students to create a fully operational company before they can graduate, The New York Times reports.
NEW YORK TIMES

At the Olympics, Twitter Users Told to Refrain  |  The committee running the Olympics asked people attending the games in London to “kind of take it easy” with updates to Twitter, as an overloaded network was affecting the flow of information to television commentators, Reuters reports.
REUTERS

LEGAL/REGULATORY '

Britain Launches Review of LiborBritain Launches Review of Libor  |  The British government on Monday officially announced a review into the rate-setting process at the center of the recent financial scandal.
DealBook '

How Libor Became Libor  |  Gretchen Morgenson writes in the Fair Game column in The New York Times: “You probably won't be shocked to learn that in mortgages, at least, Wall Street played a role in pushing Libor over another rate benchmark - one that some bankers say was better for borrowers.”
NEW YORK TIMES

New York Lender Sues Banks Over Libor  |  The Berkshire Bank, a lender with 11 branches, sued 21 banks over the alleged manipulation of Libor, Bloomberg News reports.
BLOOMBERG NEWS

S.E.C. Alleges Insider Trading on $15 Billion Cnooc Deal  |  The Securities and Exchange Commission moves to freeze the assets of traders accused of illegally trading in shares in advance of the announced $15 billion acquisition of Nexen, a Canadian oil producer by the state-owned Chinese oil company, Cnooc.
DealBook '

British Court Sentences Six Men for Insider Trading  |  A British court has sentenced six men for their role in a multiyear insider trading scheme.
DealBook '

Solyndra Files Reorganization Plan  |  The beleaguered solar panel maker has filed a plan to reorganize its obligations in bankruptcy court, Reuters reports.
REUTERS

Greece's Lenders Extend Their Stay  |  The so-called troika of lenders - the European Commission, European Central Bank and the International Monetary Fund - now plan to stay “as long as necessary” in Athens to help the government make budget cuts, The New York Times reports.
NEW YORK TIMES

European Central Bank Council to Meet Thursday  |  After the president of the European Central Bank promised to do “whatever it takes to preserve the euro,” expectations are running high for a meeting of the central bank's governing council this week, The New York Times reports.
NEW YORK TIMES

Patent Fight Between Apple and Samsung Heads to Trial  |  The New York Times reports: “The jury trial is the latest phase in a global campaign of smartphone patent litigation that began more than two years ago.”
NEW YORK TIMES