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Private Equity P.R. Campaign Focuses on Jobs

Private equity is on a mission to convince the public that they create jobs.

In its latest installment of a months-long campaign, the industry is highlighting Thoma Bravo, which invested in a Cleveland, Ohio-based software company called Hyland Software in 2007. In the five years since, the company's headcount has doubled, said the Private Equity Growth Capital Council.

“The management team is exactly the same today, running a company nearly three times the size,” Orlando Bravo, managing partner of Thoma Bravo, says in the video.

The video, like the previous ones, is trying to improve the industry's image, which has been tarnished in the current presidential race. Previous videos in the publicity campaign, “Private Equity at Work,” have focused on deals by K.K.R and the Blackstone Group.

The issue of job-creation in private equity has come up repeatedly in the campaign, with Mitt Romney saying he helped create thousands of jobs while running Bain Capital. Democrats have challenged that claim and others have pointed out that creating jobs isn't the buyout industry's primary goal.

Hyland seems pleased with its private equity deal. Members of management appear in the video, listing the benefits the company now enjoys. Bill Priemer, Hyland's chief operating officer, says in the video that Hyland has purchased five companies since Thoma Bravo came on board.

“It's unlikely that Hyland Software would be where we are today,” Mr. Priemer says, “without our private equity partner.”



MF Global Trustee Expects Customers Will Recoup Cash in the \'90% Range\'

WASHINGTON - An MF Global trustee dampened hopes that customers will recover all of their missing money from the bankrupt brokerage firm, telling lawmakers on Wednesday that a $1.6 billion gap remains.

In testimony before the Senate Agriculture Committee, James W. Giddens predicted that clients could recoup in the “90 percent range” of their cash. Mr. Giddens, the trustee tasked with plugging the gap in customer money, has so far retrieved about 80 percent of the funds.

“We'd very much like to pay every customer 100 percent, however, it will be a time consuming and uphill battle,” he told lawmakers. Mr. Giddens also updated lawmakers on his concerns about wrongdoing at the top rungs of MF Global.

His warnings came in stark contrast to testimony from another MF Global trustee, Louis Freeh, who is responsible for making the brokerage firm's creditors whole. In written testimony for the hearing on Wednesday, Mr. Freeh referred to the $1.6 billion gap as an “alleged shortfall.”

Mr. Freeh, a former director of the Federal Bureau of Investigation who did not attend the hearing on Wednesday because of a conflicting commitment, also said he believes “all of the customers of MF Global Inc. eventually will be made whole.”

The dueling statements stem from the divergent missions of the two trustees, who have spent months clawing over a limited pool of assets. Bankruptcy law is fuzzy as to which group takes priority.

Mr. Giddens, in charge of unwinding the brokerage arm of MF Global, must return money to customers who suffered a shortfall when the firm collapsed on Oct. 31. But Mr. Freeh, as the advocate for creditors like banks and other companies, is pursuing more than $2 billion in claims against the brokerage unit.

That pursuit gives Mr. Freeh the incentive to forecast a happy ending for MF Global customers. If the customers are made whole, then Mr. Freeh's effort will not been seen as an aggre ssive attempt to deprive clients of their money.

But Mr. Giddens noted that the $2 billion or more in claims have forced him to keep a cushion of cash on hand that otherwise would belong to customers. The demands, he said, “stand as a very significant impediment.”

“We appreciate Mr. Freeh's confidence,” Mr. Giddens said, but he cautioned that the hunt for cash will be “time consuming” and uncertain.

The hearing on Wednesday was the latest in a series of Congressional examinations into the collapse of MF Global. In the aftermath of the bankruptcy, Congress subpoenaed Jon S. Corzine, the firm's chief executive, to testify.

On Wednesday, lawmakers heard testimony from the trustees and top officials at the Commodity Futures Trading Commission, including Gary Gensler, the agency's chairman. Mr. Gensler focused his testimony on potential measures to better protect customer funds.

“I believe it is critical that we bring the regulators' v iew of customer accounts into the 21st century,” he said.

Such efforts gained new focus in recent weeks when another futures brokerage firm, PFG Best, collapsed amid revelations that its chief executive was raiding customer accounts for 20 years. The wrongdoing was discovered this summer when the chief executive, Russell Wasendorf Sr., attempted suicide.

“We were assured MF Global was an outlier,” said Senator Debbie Stabenow, a Michigan Democrat who is chairwoman of the Senate Agriculture Committee. But, she said, “it happened again. For the second time in eight months, customers were left holding the bag.”

MF Gobal's illicit actions were discovered last fall when the firm faced swirling demands stemming from big bets on European debt. At the time, MF Global employees tapped customer accounts to meet the firms own needs. The money belonged to thousands of ranchers, farmers and other MF Global clients.

The revelation of the missing money, t he first major breach in the history of the futures industry, prompted a wide-ranging investigation from the C.F.T.C. and the Federal Bureau of Investigation. But that examination has stalled in recent months, drawing concerns from lawmakers.

“We need to know answers and hold people accountable,” Ms. Stabenow said.

Jill Sommers, the C.F.T.C. commissioner overseeing the investigation into MF Global, assured lawmakers on Wednesday that “our division of enforcement is actively engaged in the investigation”

“We have a dedicated team working on this every day,” said Ms. Sommers, adding that the agency's investigators are “proceeding as expeditiously as they can.”

She declined to detail the nuances of the case or assess blame on executives.

But Mr. Giddens, who has conducted his own investigation of MF Global's final days, sharply criticized the firm's senior executives for allowing the customer money to vanish.

“I think the pr eponderance of the evidence indicates that senior management at MF Global was aware of the liquidity crisis and was aware that customer funds at the end were being utilized to cover other costs at the firm,” he said on Wednesday.

“I'm taking your answer to mean you're also referencing Mr. Corzine,” Senator Mike Johanns, a Republican of Nebraska, asked.

“Yes sir,” Mr. Giddens replied.

Mr. Corzine, a former Democratic senator and governor from New Jersey, has denied knowing that underlings were misusing customer money. No one at the firm has been accused of wrongdoing.

But Pat Roberts, the ranking Republican on the committee, seized on Mr. Giddens's claims.

“Theres a lot of angst,” Mr. Roberts said, referring to a growing number of former MF Global customers who have called on federal officials to punish the firm's executives.

Lawmakers also expressed concerns that MF Global customers will not recover their money, but Mr. Gidde ns was cautious. “I know this has been a long frustrating period for customers, he said, noting that he has already returned about $4.7 billion to anxious clients.

While he was doubtful that customers would break even, he vowed to fight to “eliminate the shortfall.”



Few Repercussions in the Conversion of a Former Wall St. Titan

Like a defecting Syrian colonel or converted climate-change denier, Sanford I. Weill has been heartily welcomed among those on the right side of history.

The sheer inappropriateness of the vessel, the breathtaking audacity of the messenger, can oddly confer authority on an idea. If even the creator of Citigroup now believes that the giant banks should be broken up, who could not believe it?

His belated conversion is only the latest from the corner-office-to-Zuccotti-Park banking crowd. The former merger aficionado Philip J. Purcell, who headed up the pithily named Morgan Stanley Dean Witter Discover, wrote a recent Wall Street Journal opinion article suggesting that shareholders should break up the banks. Sallie Krawcheck, a former top-ranking Wall Street executive, recently criticized big banks. Two other former top executives, David H. Komansky and John S. Reed, have attacked the current financial system.

These converts tend to have followed a similar p ath. They participated in the merger frenzy and pushed deregulation when the getting was good. They departed from finance's sweet embrace sometimes involuntarily, ousted in power struggles. And they stayed quiet, or did little, throughout the debates on how to fix the system when the nation was struggling over the Dodd-Frank financial regulatory overhaul.

That's when it would have mattered.

Those who are left defending the banking status quo are on an island. These are current bank executives - who can be counted on to change their views the instant they lose out in the corporate race and are booted from the organization with engorged severance packages - and the politicians and lobbyists who love them.

And so what? Supporters of change can win all the intellectual arguments they want; the structure of the financial system remains intact.

As every frustrated American knows, no major banking executive has gone to prison or has been fined any significan t amount in the aftermath of the financial crisis.

But what's astonishing is that Wall Street bankers seem not to have paid any social cost either. They sit on corporate and nonprofit boards and attend functions and galas. They remain top Wall Street executives, or even serve as regulators. The nation's prominent op-ed pages, talk shows and conferences seek their opinions. If you are rich, you must be intelligent. Your views must be worthwhile, never mind the track record.

The embrace of Mr. Weill sets a new standard for reputation rehabilitation.

Some disagree that he played a central role in creating the modern financial system that blew up the world economy. Perhaps. But these people must concede that he failed on his own terms as a businessman.

Sandy Weill was a deal maker who aspired to more. He had a vision to create a financial supermarket. The scrappy public school graduate from the streets of Bensonhurst in Brooklyn realized his dream and cre ated Citigroup.

And it didn't work.

Mr. Weill's only unambiguous success was to make himself enormously rich.

By the mid-2000s, Citigroup was a flop. The business synergies never materialized and the stock was lagging. Its chief executive then, Charles O. Prince, was divesting divisions. In 2007, investors and analysts called for the very sort of breakup that Mr. Weill now endorses. Then the financial crisis hit and the government had to bail out the behemoth Mr. Weill created.

His institution had also served as a (unheeded) harbinger of the banking rot to come. Throughout the 2000s, Citigroup was riddled with scandal. It settled with the Federal Trade Commission over deceptive practices. Its CitiFinancial unit was embroiled in predatory lending controversies before it was fashionable. The bank was an entwined backer of both Enron and WorldCom. Citigroup employed Jack Grubman, who was at the heart of the research conflict-of-interest scandals of the e arly 2000s. Even back in his less reflective days, Mr. Weill had to apologize for that.

Things got so bad that the otherwise somnolent Federal Reserve actually banned Citi from making any more acquisitions while it sorted out its mess.

What's a guy gotta do around here to lose a little credibility?

Our society wasn't always this way. In Edith Wharton's novel “The Age of Innocence,” set in the 1870s, the arriviste Julius Beaufort's bank fails (it appears not to be fraud, just recklessness). Mr. Beaufort is banished from New York society for a generation.

After the crash of 1929 and the Great Depression, major Wall Street figures populated prisons, not presidential advisory panels. The head of the New York Stock Exchange, Richard Whitney, who hailed from one of the most patrician families in America, went to Sing Sing for embezzlement.

In 1936, Roosevelt gave his famous speech listing reckless banking and speculation among the “enemies of pe ace.” These enemies hated him and he asserted, “I welcome their hatred.”

It wasn't just rhetoric. F.D.R.'s appointees “were neither impressed by, nor subservient to, bankers,” said Eric Rauchway, a historian from the University of California, Davis. Roosevelt appointed people like William O. Douglas, the future Supreme Court justice, as head of the Securities and Exchange Commission. He threatened to nationalize the stock exchange.

No such situation for us today. Our meager lot is to celebrate when these guys change their minds.

Jesse Eisinger is a reporter for ProPublica, an independent, nonprofit newsroom that produces investigative journalism in the public interest. Email: jesse@propublica.org. Follow him on Twitter (@Eisingerj).



Credit Suisse Names DeNunzio as Global Chairman of M.&A.

Credit Suisse on Wednesday named David DeNunzio, one of its veteran deal makers, as the global chairman of its mergers and acquisitions group, according to an internal memorandum reviewed by DealBook.

The appointment of Mr. DeNunzio follows the formal announcement that Steven Koch, currently a co-chairman of the unit, was leaving the firm to become a deputy mayor of Chicago under Rahm Emanuel.

Mr. DeNunzio, who is also a vice chairman of Credit Suisse, will continue to serve as a senior deal maker, working with a number of the firm's top clients. He joined First Boston, a predecessor of the modern Credit Suisse, in 1989, after having spent nine years at Kidder, Peabody.

Among the deals he has worked on in recent years are Goodrich's sale last year to United Technologies and Airgas‘ defense against Air Products & Chemicals' hostile bid.

Mr. DeNunzio will report to Jim Amine, the head of the firm's investment banking department, and Scott Lindsay, t he global head of mergers and acquisitions.

Here's the memo:

We are pleased to announce that David DeNunzio has been appointed Global Chairman of the Mergers & Acquisitions Group, effective immediately. In this position, David will oversee a number of important client relationships, transactions and opportunities, working closely with the global and regional heads of M&A. He will report to the undersigned.

David joined the M&A Group of The First Boston Corporation, the predecessor firm to Credit Suisse, in 1989 after nine years at Kidder, Peabody. During his 23 years with the Bank, he has been a key part of our M&A effort in multiple industry sectors, including industrials, energy, retail & consumer and financial institutions. He has held various management positions, including Head of Investment Banking for the Eastern U.S. Region and Canada and Head of Insurance Investment Banking. He also ran our private equity business for several yea rs prior to the DLJ acquisition.

The M&A Group exemplifies our role as “trusted advisors” to our clients and is a cornerstone of our strategy to provide clients with advisory and financing services on a global basis. The Group's strong client relationships and depth of expertise have helped it consistently achieve top rankings globally, with a No. 2 ranking in the first half of this year in completed transactions.

Please join us in congratulating David on his appointment and wishing him continued success.

Jim Amine Scott Lindsay

And here's the memo formally announcing Mr. Koch's departure from Credit Suisse. It's signed by Eric Varvel, the head of the investment banking division (which includes fixed income trading and equities), and Mr. Amine.

Steve Koch has informed us of his decision to retire from the investment banking industry and undertake a new career in government. Steve has b een named Deputy Mayor of the City of Chicago by Mayor Rahm Emanuel, effective September 4, 2012.

Steve joined The First Boston Corporation, the predecessor firm to Credit Suisse, in 1985. During his 27 years with the Bank, he has held a number of senior leadership roles in M&A and the Investment Banking Department. He ran our Global M&A business from 1993 to 2000, after which he became Global Co-Chairman of the Group. He is one of the longest-serving leaders of an M&A practice in the industry.

During his distinguished career as one of Wall Street's leading M&A practitioners, Steve has advised on landmark transaction across a broad range of industries. His intuitive grasp of clients' needs and his talent for crafting innovative responses to complex challenges has made him a trusted advisor to numerous key clients of the Bank. Steve has advised on many of the most prominent contested transactions of our time, transformational mergers & acquisitions, spin-offs and other divestitures, strategic bolt-on acquisitions and joint-venture agreements that together comprise more than $1 trillion worth of transactions.

Steve has also played a prominent role in building the culture of our Bank. In addition to mentoring many of the current leaders of our investment banking business, Steve helped develop and implement our professional review system; developed and led our MD review process for many years; served on various risk management, branding and firm strategy committees; and has been a leader in recruiting.

We are pleased to see a senior partner in our business start a new career in public service. Please join us in wishing Steve all the best in his new role with the City of Chicago.

Eric Varvel Jim Amine



Business Day Live: India\'s Booming TV Business

A setback for efforts to hold Wall Street accountable. | Online poker sites to forfeit millions. | India's booming TV business.

Hedge Fund Titan Plans to Return $2 Billion to Investors

LONDON - A hedge fund titan has decided to return a large sum of money to investors, a revealing illustration of how dried-up markets, vicious volatility and a paralysis of ideas all borne of the crisis in Europe have been particularly hard on the traders who swing for the fences on currencies, stocks and bonds all over the world.

Louis M. Bacon, who together with Paul Tudor Jones and George Soros has come to define this style of high-stakes macro investing for more than 20 years, said in a letter to his investors on Wednesday that he would be giving back $2 billion, about one quarter of the size his benchmark Moore Global Investment fund.

He cited 18 months of what he called “disappointing” investment returns - and a particularly tough second quarter this year when his main fund was down 3.18 percent.

“I am more comfortable taking down the size of the fund than increasing the size of the positions in order to give clients an adequate return given the fees they are paying,” Mr. Bacon wrote.

Name-brand hedge fund investors will from time to time return money during fallow performance stretches, and Mr. Bacon is no different in this regard. But most do it with reluctance. For starters, such a step is costly.

Mr. Bacon, who deploys an expensive investment apparatus with about 400 professionals in his two main New York and London offices, charges a 3 percent management fee on the $14 billion he oversees (before the give back), one percentage point higher than the industry average.

That means he loses a chunk of revenue right off the bat and more if performance turns around and that upside (25 percent) is foregone as well.

More so, however, is the psychic impact. For this super-competitive breed, to admit that that a market has confounded them is to concede a small measure of defeat.

As Mr. Bacon sees it, he is giving back profits to investors who have stuck with him for a long time (altho ugh he has never given back such a large amount relative to overall assets).

But that does not make it any easier.

“I am going to let some people down,” said Mr. Bacon, sitting in the living room of his fairly understated home â€" he splits his time between here and New York - â€" in the Knightsbridge area of London. “The ability to manage large assets well - it's like being Michael Jordan or winning the gold in the Olympics, it's what you aspire to. And there is obviously the compensation benefit as well.”

It is not as if all his funds' assets were tied up in Europe. As a big macro trader, Mr. Bacon has investments all over the world. But, with markets having become so tightly correlated - veering up and down in line with what central bankers and European politicians are doing, or not doing for that matter - true diversification has become harder than ever for him given his asset size. “Investing becomes primarily about who will be in the door first and out the door last…,” he wrote in his letter. “Everyone is forced to become a macro investor or trader.”

With this return of assets, Mr. Bacon will personally manage $5 billion to $6 billion, the majority of which belongs to him and other employees at Moore Capital - an amount that he believes will give him a greater flexibility to move in and out of the markets with the necessary speed and effectiveness. Hedge fund experts say that there are few pure macro investors left who personally manage a portfolio greater than $6 billion for clients.

At the root of his thinking has been his inability to put on and execute a career-defining macro trade that would capitalize on the crisis in the euro zone. Like many of his peers, Mr. Bacon - who along with Mr. Soros made a bundle when the euro zone's predecessor, the European exchange rate mechanism, blew up in 1992 - recognized that the build up of debts, deficits and competitive imbalances in Europe made some form of collapse inevitable.

But with senior political figures in Europe favoring summit meetings, bailouts and more austerity as opposed to recognizing losses, making a bet that would move the needle on an $8 billion asset pile became difficult.

“The political involvement is so extreme - we have not seen this since the post-war era,” Mr. Bacon said. “And what they are doing is trying to thwart natural market outcomes. It is amazing how important the decision-making of one person, Angela Merkel, has become to world markets.”

Mr. Bacon points out that his returns, up 0.35 percent through June, are not too far removed from the industry average this year. And that is true enough. According to Hedge Fund Research, hedge funds were broadly up 1.7 percent over the same period.

It is also true though that other big funds like Brevan Howard in London and Bridgewater in the United States - both larger than Moore in size - have had significant pay offs from their anti-Europe bets, as well as other funds without a pure macro bias.

Mr. Bacon accepts that he was late in recognizing how bad things were. And when he was ready to take action, the markets had dried up on him.

“I found myself trying to make money in a much less liquid environment, with less instruments to trade - it's very frustrating,” he said.

As for going short the euro, the most liquid and direct way to bet against Europe, Mr. Bacon argues that this has not been a one-way trade either. From late 2011, the currency's value against the dollar has gone from $1.28 to $1.32 to today's level of $1.23 - a ragged path that has made putting on a winning currency position hard to achieve

Indeed, getting the geopolitics right is the stock and trade for macro investors like Mr. Bacon.

In 1990, a series of winning bets he made that Saddam Hussein would invade Kuwait and would be quickly routed with no lasting market impact became th e foundation of his legend - securing a 115 percent two-year investment return and a flood of investment assets.

Like one of his first backers, Paul Tudor Jones, Mr. Bacon is a son of the South, born in North Carolina, and he cut his early investment teeth trading commodities on Wall Street.

From then on, it was his talent in spotting big trends - the Gulf War, the first European meltdown and most recently the market recovery in 2009 - that gave him his best yearly returns.

All of which makes his inability so far to get Europe right harder to stomach.

“I have underperformed market opportunities, so yes, I have questioned myself a little bit,” he said. “But I do think I can ultimately adapt to a changing market environment.”

Although it is worth asking: If markets are as bad as he describes, will it it be that much easier to put $6 billion to work compared with $8 billion?

“That is a good question - but I think in this case less i s more,” he said with a laugh, describing the fine balance between scaling funds down to a manageable investment size and the lost income that results from such a move.

In an industry that prizes secrecy, Mr. Bacon is more retiring than most - indeed, for one who says that one of his first professional aims coming out of Middlebury College in 1979 was to become a journalist, he spends not a lot of time in the company of them.

Perhaps surprisingly, investors have stuck with Mr. Bacon though this rough patch - which is part of the reason Mr. Bacon is giving money back. A big flow of redemptions would have done the job for him, he says.

As for taking the more drastic step of retreating to a form of retirement where he just keeps an eye on his personal wealth - as other onetime titans like Mr. Soros, Stanley Druckenmiller, Julian Robertson and Bruce Kovner have done - Mr. Bacon says he is not ready to make that move yet.

That's the case, even though Mr. Bacon is said to be worth about $1.4 billion. He owns an undeveloped 435-acre island off Long Island, 172,000 acres of ranch land in Colorado (much of which he has worked to protect from future development), a grouse hunting estate in Scotland and a retreat in the Bahamas.

And he certainly does not look as if he is ready to pack in his BlackBerry.

Despite his 55 years of age, Mr. Bacon, a fitness fanatic who feasts on sushi and skis, plays squash and hunts game with a bow and arrow with a boy's fervor, might pass for someone 10 years younger.

“If you were to see me right now, you might think I was ready to start a hedge fund,” he said, before challenging his younger interviewer to a game of squash - an offer that was sensibly refused.



Apple\'s Quiet Deal for AuthenTec

Apple wants you to ask Siri question. But Apple isn't too keen on anyone asking questions about AuthenTec.

Apple agreed to buy AuthenTec, the fingerprint sensor technology company, last week for $356 million in cash, or $8 a share. AuthenTec is a publicly traded company on the Nasdaq, and such announcements are typically accompanied by a news release as well as an analyst call with the buyer and the target.

But Apple appears to value its privacy, and this deal was announced as quietly as possible.

AuthenTec did not issue a news release nor do anything else to publicize the deal. If you go to AuthenTec's Web site, it does not mention the Apple acquisition. That's the case despite the company's penchant to issue releases for even the most minor action, like joining “ARM® Connected Community, the industry's largest ecosystem of ARM technology-based products and services,” whatever that is.

Instead, AuthenTec merely made the necessary regulatory fi ling with the Securities and Exchange Commission.

Though AuthenTec said almost nothing publicly to its shareholders, the company did file an investor Q.&A. with the S.E.C. for those investors intrepid enough to look.

It's unintentionally hilarious. Take these three items:

Why is Apple buying AuthenTec?
AuthenTec cannot comment on Apple's intentions.

What will happen to AuthenTec's existing businesses?
Apple will implement its plans for AuthenTec's businesses after the transaction closes.

What will happen to AuthenTec's employees?
AuthenTec cannot speak to Apple's intentions. In any event, we do not expect any public comment on future plans with respect to employees.

It may be the most unhelpful acquisition Q.&A. of all time, bound only to stir unease in AuthenTec's employees and customers.

But in fairness to AuthenTec it doesn't appear to have had a choice.

In the acquisition agreement signed with Apple, AuthenTec agreed that it would not “issue or cause publication of any press release or other public announcement (including any filing with the S.E.C.) or make any other public statement (including answering questions from reporters or analysts) with respect to the” acquisition without Apple's consent. This prohibition was likely to have been demanded by Apple as part of the negotiation.

Not surprisingly given this requirement, Apple seems content to say nothing, as it did not comment on or issue a news release for the transaction.

This is not the only odd thing about this deal.

In connection with the acquisition, Apple has entered into what appears to be a crown jewel lock-up with respect to AuthenTec's assets. A crown jewel lock-up is an '80s style mechanism intended to prevent a third party from trumping a takeover offer.

The original buyer will get an option or other right to purchase crucial assets of the target, sometimes at a sweetheart price. Other bidders will then be deterred from bidding because they will not be able to buy the target with its best assets intact.

Crown jewel lock-ups have been out of favor since the famous Delaware legal cases involving Macmillian's proposed acquisition by Kohlberg Kravis Roberts and Holly Farms proposed acquisition by Conagra. In each of these cases, such provisions were struck down.

The courts reasoned that the the lock-ups would unduly end the ability of a third party to acquire the company before the target had fully explored other bids. In the Macmillian case, the court stated that at a minimum, a board needs to see if there are alternative bids before it agrees to a crown jewel lock-up.

In the current example, AuthenTec has agreed to grant Apple the option to acquire a nonexclusive license mainly related to sensors that can be used in Apple products. The price of this option is $2 0 million.

Apple can then exercise this option within 270 days by paying an additional $90 million for the hardware rights and $25 million for the software rights. Apple has also entered into a development agreement with AuthenTec for $7.5 million for product development. Any intellectual property arising from this project will be owned by Apple. All of these rights are exercisable by Apple, regardless of whether the takeover goes through.

The likely effect of this crown jewel lock-up is to severely discourage any third party from trying to outbid Apple for AuthenTec. A third party would find that AuthenTec's intellectual property had suddenly been turned over to Apple. Since Apple is such a dominant force in the electronics world and would no longer need to license or buy AuthenTec's products, it would make any acquisition less worthwhile.

As if that weren't enough, AuthenTec would also have to pay Apple a $10.95 million termination fee if it is acquired by another company. This amount is relatively lower than the typical 3 percent of a deal's value for termination fees, but in this case it seems to be piling on. Apple also got officers and directors of AuthenTec holding 3.4 percent of the company's stock to sign an agreement to vote in favor of the deal.

It remains to be seen whether AuthenTec shopped itself to other acquirers, but normally this type of crown jewel lock-up would face serious scrutiny in the Delaware courts.

Still, it is doubtful the deal will be disrupted. The Delaware courts are not likely to strictly scrutinize this lock-up without another bidder on the scene.

But none is likely to emerge. Who would have the gumption to risk a bidding war with a company that has $117 billion in cash?

All in all, it shows that when Apple makes deals, it does things in anything but a normal manner. Apple appears to value silence, but also doesn't seem afraid to throw its weight around.

Why di d Apple even feel the need to go so far? Perhaps because it can.

For those watching for a big Apple acquisition, expect the company to bargain hard and in perhaps the most aggressive manner.

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



Plaza Hotel Sold to Indian Conglomerate

By NEHA THIRANI

The storied Plaza Hotel in New York is the latest buy for Lucknow's Sahara India Pariwar.

The Plaza, whose first guest in 1907 was Alfred Gwynne Vanderbilt, heir to the Vanderbilt industrial empire, has been struggling in recent years after a conversion into condominiums. It took nearly seven years to convert the units, and buyers â€" who spent as much as $50 million on their homes â€" complained about the quality of the renovations.

But on Monday, the hotel owners Elad Properties, a real estate company owned by the Israeli businessman Yitzhak Tshuva, said the Sahara group had agreed to buy a controlling stake in the property for $570 million. Elad has a 60 percent stake in the hotel, and Saudi Arabia's Kingdom Holdings owns the rest. Once the deal is completed, Kingdom Holdings' stake will be reduced to 25 percent. The hotel will continue to be managed by Fairmont Hotels & Resorts.

Financial analysts said the hotel should be viewed as more than a “trophy asset.”

“I think it is a well-thought-out business decision,” said Praveen Chakravarty of AnandRathi Financial Services. “Looking at the hospitality market in Europe and the United States and the valuations available, it makes sense for anyone with liquid cash to spare to pick up assets, be patient, do some cross synergies and wait for the market to rejuvenate.”

The Sahara group is cash-rich, he added, and the deal is not expected to harm the company's finances.

This is not the Sahara group's first overseas hotel acquisition. In December  2010, the company purchased the iconic Grosvenor House Hotel in the Mayfair area of London from the Royal Bank of Scotland for $726 million. The company plans to add an Indian restaurant, nightclub, spa and swimming pool to the hotel, which will continue to be managed by Marriot International. The group has also reportedly bid £75 0 million, or $1.18 billion, for a group of Marriot hotels in London being offered by the Royal Bank of Scotland, though it has not confirmed that bid.

“Both the Plaza Hotel in New York and the Grosvenor House Hotel in London are both extremely prestigious properties in very attractive markets,” said Sudeep Jain, executive vice president of Jones Lang LaSalle Hotels. “New York and London are gateway cities of the world and financial capitals, so the group strategy would seem to be acquiring prized assets in prized markets.”

Also in New York, the Sahara group is reportedly about to acquire the Dream Downtown Hotel from the Indian-American hotelier Sant Singh Chatwal. The Sahara group's chairman, Subrata Roy, is reported to have made a formal offer for an 85 percent stake in the hotel, valued at $100 million. The Sahara group is also said to be interested in other high-end iconic hotel properties in New York such as the Four Seasons, Mandarin Oriental an d Waldorf Astoria.

The Sahara group did not make an executive available for comment.

The group is not alone among Indian hotel companies looking to expand their business overseas. Indian hoteliers such as The Oberoi Group and Indian Hotels Company Limited, which operates the Taj Hotels Resorts and Palaces, have had an established international presence for many years, and other Indian companies have rushed into the market recently.

The availability of Indian capital, along with a slowdown in the hotel industry in Europe and the United States, which has caused a drop in property values, has accelerated this, analysts said.

“It has become more prevalent for Indian capital, both hoteliers and investors, to evaluate foreign hotel assets,” Mr. Jain said. “Certain markets could be more attractive than deals available in India at the moment because of the state of the economy and different business cycles.”

In April, Delhi-based Bharat Hotel s, which operates the Lalit brand of hotels, acquired Lambeth College building, a heritage property in London, for an undisclosed amount. The property, which will be reopened in three years, is being developed into a luxury boutique hotel. The group already has a project under development in Koh Samui, Thailand. The Indian Hotels Company acquired the Ritz Carlton in Boston in 2007 and renamed it the Taj Boston. In April this year, the company has also said to have renewed attempts to increase its stake in Orient-Express Hotels, an international hotel chain.

“There seems to be a sudden realisation by Indian entrepreneurs that they can run hotels better than some of their counterparts abroad,” said Mr. Chakravarty. The Nadathur Group, founded by N. S. Raghavan, is buying hotels in Australia and Indonesia, he said, and intends to run them.

“There seems to be something about the hospitality business that so many Indian entrepreneurs feel that they could do a better job at it than their Western counterparts,” he added.

The Sahara India Pariwar, founded in 1978 by the billionaire Subrata Roy, has interests in finance, infrastructure, real estate, media and entertainment, manufacturing and information technology. In 2004, Time magazine famously called the Sahara group India's second largest employer after the railways. The company also owns a 42.5 percent stake in Force India, the Formula One Team, and the Pune Warriors, an Indian premier league cricket team.

“The Sahara group has shown an inclination to be in high-profile, consumer-facing businesses,” Mr. Chakravarty said.

The company also recently announced it would own one of the six franchises of the proposed Hockey India League and is said to be close to purchasing a controlling stake in DigiCable, a cable TV distribution company, to enhance its interests in the Indian television business.



Standard Chartered Profit Rises 11% in First Half

LONDON â€" The British bank Standard Chartered bucked the industry trend of weak earnings, after it reported net income jumped 11 percent in the first half of the year on strength in Asia and other emerging markets.

The bank, whose activities are primarily based in fast-growing developing economies, said its net income for the six months through June 30 reached $2.86 billion, compared to $2.57 billion in the same period last year.

While many of its peers like Deutsche Bank and Barclays are paring back their operations in the wake of the global financial crisis, Standard Chartered said it was looking to increase its presence in Asia, Africa, and the Middle East. The bank said it would open more branches in fast-growing economies, such as India and China, and was looking to exploit the pullback in trading activity from many of its competitors.

Despite signs that many emerging markets are slowing in response to ongoing problems in the West, Standard Chartere d also said it continued to see robust growth across the regions.

“Standard Chartered has performed strongly during the first six months of 2012,” Standard Chartered's chairman, John Peace, said in a statement. “We have a firm grip on the business, with the ability to turn adversity to our advantage, and we will keep investing as we see long-term opportunities for growth.”

In early afternoon trading in London, the firm's shares rose 5.3 percent.

The bank benefited from a 15 percent rise in operating profit, to $3 billion, in its wholesale banking unit, while operating profit in the firm's consumer banking division fell 11 percent, to $899 million.

The bank said its core Tier 1 capital ratio, a measure of a firm's ability to weather financial shocks, stood at 11.6 percent based on accounting rules known as Basel III, slightly down on the same period last year.



Morning Take-Out

TOP STORIES

In Picking Facebook Shares, Repeating the Mistakes of the PastIn 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, the Deal Professor writes.

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 t he 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 even 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.
DealBook '

MGM 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 st udio 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 MGM 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 to force the company into a merger with Lionsgate 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 MGM declined to comment.
DealBook '

DEAL NOTES

A Call for Regulation, Not Breakups  | < /span> Steven Rattner, a former Wall Street executive who also served in the Obama administration, writes in an op-ed piece in The New York Times that Sanford I. Weill's call to break up big banks was an “ill-advised distraction.”
NEW YORK TIMES

Economic Thinkers Offer Proposals for Europe  |  Three men who are respected in top policy circles are each aiming to be the next George C. Marshall or Nicholas F. Brady, with grand plans to save Europe from financial ruin, The New York Times reports.
NEW YORK TIMES

Hedge Fund Charity Parties in the Hamptons  |  On Saturday, about 150 hedge fund workers attended “Behind the Hedges,” an event held by the charity Hedge Funds Care that raised money to prevent and tre at child abuse, Bloomberg News reports.
BLOOMBERG NEWS

For Rent: Office Space in Lower Manhattan  |  The owner of the World Financial Center has embarked on a $250 million renovation of the building in an effort to attract new tenants, after three large firms, Nomura, Deloitte and Bank of America, gave up all or most of their office space there and defected for Midtown, The New York Times reports.
NEW YORK TIMES

Mergers & Acquisitions '

Maple Group Wins Battle for Toronto Exchange Parent  |  The Maple Group, a consortium of Canadian financial firms and pension funds, acquired 91 percent of the shares in the TMX Group, securing its $3.7 billion buyout of the Can adian bourse.
DealBook '

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 a person briefed on the matter.
DealBook '

Google Snaps Up Wildfire  |  Google has agreed to acquire Wildfire, which helps brands manage their social campaigns across sites like Facebook, Twitter and Pinterest.
DealBook '

24 Hour Fitness Is Said to Be on the Block  |  Forstmann Little, the private equity firm that owns 24 Hour Fitness, has hired Goldman Sachs to run an auction that is expected to fetch abo ut $2 billion.
DealBook '

Rona of Canada Rejects $1.8 Billion Offer From Lowe's  |  After Rona rejected a $1.8 billion takeover offer, its American rival Lowe's said it would continue to pursue a deal, but it could meet with further resistance in Quebec.
DealBook '

Fraser and Neave Said to Seek Higher Offer for Brewery  |  After considering Heineken $6.1 billion bid for Asia Pacific Breweries, the brewery's owner is trying to negotiate a higher offer, Reuters reports, citing unidentified people with direct knowledge of the matter.
REUTERS

INVESTMENT BANKING '

Societe Generale Profit Falls 42% as Economy Slumps  |  Société Générale posted a disappointing quarter, as the French bank got buffeted by the global economic headwinds.
DealBook '

Standard Chartered's Profit Rises to a Record  |  Standard Chartered, a British bank that focuses on Asia, said its profit in the first half of the year rose 12 percent to $2.81 billion, The Wall Street Journal reports.
WALL STREET JOURNAL

Top Credit Suisse Deal Maker to Take Post in Chicago  |  Steven Koch, Credit Suisse's co-chairman of mergers and acquisitions, will leave his perch at the Swiss bank to become a deputy mayor of Chicago in Rahm Emanuel's administration.
DealBook '

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.
DealBook '

Two Big European Banks Report a Plunge in Profit  |  Deutsche Bank of Germany and UBS of Switzerland were hit by drops in trading activity. The banks warned that continued market volatility would most likely affect future growth.
DealBook '

Skepticism Over Wealth Management in Asia  |  Some millionaires in Asia have become disillusioned with private wealth managers, opting t o manage their assets themselves, Bloomberg News reports.
BLOOMBERG NEWS

PRIVATE EQUITY '

Silver Lake Said to Raise $4 Billion for Fund  |  Silver Lake, a private equity firm focused on technology, is seeking a total of $7.5 billion for its new fund, with the option of raising as much as $10 billion, Bloomberg News reports.
BLOOMBERG NEWS

Buyout Firms Said to Circle a Research Lab  |  The research service Mergermarket said that private equity firms are considering a leveraged buyout of Laboratory Corporation of America Holdings, a lab-testing company with a market capitalization of $8.1 billion, according to Reuters.
REUTERS

Ice Cream Maker Said to Be on the Block  |  Wells Enterprises, a privately owned company that makes Blue Bunny ice cream, was said to have drawn interest from firms like Oaktree Capital Management, The Financial Times reports.
FINANCIAL TIMES

HEDGE FUNDS '

Credit Hedge Funds Gain Favor Among Investors  |  A survey by Credit Suisse found that 53 percent of investors planned to allocate money to credit relative value funds, which take advantage of opportunities like the one that caused the huge trading loss at JPMorgan Chase, Reuters reports.
REUTERS

Trial Begins for Founder of Whitman Capital  |  Prosecutors told a jury on Tuesday that Doug Whitman, of Whitman Capital, traded on insider tips about Google and other companies, Bloomberg News reports.
BLOOMBERG NEWS

Asian Firm Teams Up With Brevan Howard to Start Fund  |  A Hong Kong-based asset manager within the China International Capital Corporation is starting a new hedge fund with Brevan Howard Capital Management in an effort to attract Asian investors, The Wall Street Journal reports.
WALL STREET JOURNAL

I.P.O./OFFERINGS '

Zynga Shakes Up Top Management  |  The social games company reorganized its leadership as part of an effort to spur growth after a disappointing quarter, The Wall Street Journal reports.
WALL STREET JOURNAL

Zynga Sued by Shareholders  |  Investors are claiming in a pair of lawsuits that Zynga failed to warn them about declines in user and revenue growth, Reuters reports.
REUTERS

Architects of Corporate Regulation Criticize New Law  |  Paul Sarbanes and Michael Oxley, who gave their names to the Sarbanes-Oxley Act, used the planned I.P.O. of Manchester United as an example to show the flaws of a new law that relaxes rules for initial public offerings, Reuters reports.
REUTERS

Money Transfer Service Said to Prepare to Go Public  |  Xoom, a San F rancisco-based online money transfer service, has hired Goldman Sachs as the lead underwriter for its I.P.O., Reuters reports, citing unidentified people familiar with the situation.
REUTERS

VENTURE CAPITAL '

Twitter Backpedals After a Controversy  |  A Twitter executive personally apologized after an incident that caused some to say the company appeared to be censoring a user's account because of a corporate relationship, the Media Decoder blog reports.
NEW YORK TIMES MEDIA DECODER

Box, an Enterprise Software Firm, Announces New Financing  |  Box said it raised $125 million, with $100 million coming from the private equity firm General Atlantic, The Wall Street Journal reports.
WALL STREET JOURNAL

Cloud Company Looks for Allies  |  A company called Rackspace is using open source software to power its public cloud of Internet-connected computers, the Bits blog reports. The idea is that by drawing on the efforts of programmers outside the company, it will be able to compete more effectively with giants like Google, Amazon and Microsoft.
NEW YORK TIMES BITS

Social News Site Gets a Makeover  |  Betaworks, which bought Digg in early July after the social news aggregator had lost much of its audience, unveiled a totally redesigned vision for the site.
NEW YORK TIMES BITS

LEGAL /REGULATORY '

Ex-Citigroup Manager Cleared in SuitEx-Citigroup Manager Cleared in Suit  |  The Securities and Exchange Commission lost its lawsuit against Brian Stoker, who was accused of negligence in preparing sales materials for a complex mortgage-related investment.
DealBook ' | Document: Securities and Exchange Commission v. Brian H. Stoker

One Rule Regulators Are Rounding On  |  Is a new requirement that banks need to have a stockpile of cash and high-quality, easy-to-sell assets to meet withdrawals in the event of a market panic making it harder for banks to fund themselves?
DealBook '

Regulator Opposes Plan to Ease Housing Debt  |  After a study showed that taxpayers might save money if Fannie Mae and Freddie Mac were to offer debt forgiveness to borrowers, the director of the Federal Housing Finance Agency said his agency would not let such a program take place, The New York Times reports.
NEW YORK TIMES

MF Global Trustee Expects Customers to Be Made Whole  |  Louis J. Freeh, the trustee for MF Global Holdings, said in testimony prepared for a Senate committee that he believed customers of the bankrupt brokerage firm would recoup their money, Bloomberg News reports.
BLOOMBERG NEWS

< div class="ru-story">

S.E.C. Calls for Reforms of Municipal Bond Market  |  The Securities and Exchange Commission urged broad reforms of the market where cities raise money, but noted that it could not make the changes happen without an act of Congress, The New York Times reports.
NEW YORK TIMES

Olympus Sued by Shareholder Over Loss  |  Terumo Corporation, a Japanese medical device maker, is demanding to be compensated for a loss on its Olympus shares, Olympus said, according to Reuters.
REUTERS

2 Poker Sites Agree to Give Up Millions  |  Federal prosecutors said PokerStars and Full Tilt Poker agreed to settle money laundering and fraud charges, The New York T imes reports.
NEW YORK TIMES



Morning Take-Out

TOP STORIES

In Picking Facebook Shares, Repeating the Mistakes of the PastIn 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, the Deal Professor writes.

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 t he 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 even 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.
DealBook '

MGM 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 st udio 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 MGM 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 to force the company into a merger with Lionsgate 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 MGM declined to comment.
DealBook '

DEAL NOTES

A Call for Regulation, Not Breakups  | < /span> Steven Rattner, a former Wall Street executive who also served in the Obama administration, writes in an op-ed piece in The New York Times that Sanford I. Weill's call to break up big banks was an “ill-advised distraction.”
NEW YORK TIMES

Economic Thinkers Offer Proposals for Europe  |  Three men who are respected in top policy circles are each aiming to be the next George C. Marshall or Nicholas F. Brady, with grand plans to save Europe from financial ruin, The New York Times reports.
NEW YORK TIMES

Hedge Fund Charity Parties in the Hamptons  |  On Saturday, about 150 hedge fund workers attended “Behind the Hedges,” an event held by the charity Hedge Funds Care that raised money to prevent and tre at child abuse, Bloomberg News reports.
BLOOMBERG NEWS

For Rent: Office Space in Lower Manhattan  |  The owner of the World Financial Center has embarked on a $250 million renovation of the building in an effort to attract new tenants, after three large firms, Nomura, Deloitte and Bank of America, gave up all or most of their office space there and defected for Midtown, The New York Times reports.
NEW YORK TIMES

Mergers & Acquisitions '

Maple Group Wins Battle for Toronto Exchange Parent  |  The Maple Group, a consortium of Canadian financial firms and pension funds, acquired 91 percent of the shares in the TMX Group, securing its $3.7 billion buyout of the Can adian bourse.
DealBook '

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 a person briefed on the matter.
DealBook '

Google Snaps Up Wildfire  |  Google has agreed to acquire Wildfire, which helps brands manage their social campaigns across sites like Facebook, Twitter and Pinterest.
DealBook '

24 Hour Fitness Is Said to Be on the Block  |  Forstmann Little, the private equity firm that owns 24 Hour Fitness, has hired Goldman Sachs to run an auction that is expected to fetch abo ut $2 billion.
DealBook '

Rona of Canada Rejects $1.8 Billion Offer From Lowe's  |  After Rona rejected a $1.8 billion takeover offer, its American rival Lowe's said it would continue to pursue a deal, but it could meet with further resistance in Quebec.
DealBook '

Fraser and Neave Said to Seek Higher Offer for Brewery  |  After considering Heineken $6.1 billion bid for Asia Pacific Breweries, the brewery's owner is trying to negotiate a higher offer, Reuters reports, citing unidentified people with direct knowledge of the matter.
REUTERS

INVESTMENT BANKING '

Societe Generale Profit Falls 42% as Economy Slumps  |  Société Générale posted a disappointing quarter, as the French bank got buffeted by the global economic headwinds.
DealBook '

Standard Chartered's Profit Rises to a Record  |  Standard Chartered, a British bank that focuses on Asia, said its profit in the first half of the year rose 12 percent to $2.81 billion, The Wall Street Journal reports.
WALL STREET JOURNAL

Top Credit Suisse Deal Maker to Take Post in Chicago  |  Steven Koch, Credit Suisse's co-chairman of mergers and acquisitions, will leave his perch at the Swiss bank to become a deputy mayor of Chicago in Rahm Emanuel's administration.
DealBook '

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.
DealBook '

Two Big European Banks Report a Plunge in Profit  |  Deutsche Bank of Germany and UBS of Switzerland were hit by drops in trading activity. The banks warned that continued market volatility would most likely affect future growth.
DealBook '

Skepticism Over Wealth Management in Asia  |  Some millionaires in Asia have become disillusioned with private wealth managers, opting t o manage their assets themselves, Bloomberg News reports.
BLOOMBERG NEWS

PRIVATE EQUITY '

Silver Lake Said to Raise $4 Billion for Fund  |  Silver Lake, a private equity firm focused on technology, is seeking a total of $7.5 billion for its new fund, with the option of raising as much as $10 billion, Bloomberg News reports.
BLOOMBERG NEWS

Buyout Firms Said to Circle a Research Lab  |  The research service Mergermarket said that private equity firms are considering a leveraged buyout of Laboratory Corporation of America Holdings, a lab-testing company with a market capitalization of $8.1 billion, according to Reuters.
REUTERS

Ice Cream Maker Said to Be on the Block  |  Wells Enterprises, a privately owned company that makes Blue Bunny ice cream, was said to have drawn interest from firms like Oaktree Capital Management, The Financial Times reports.
FINANCIAL TIMES

HEDGE FUNDS '

Credit Hedge Funds Gain Favor Among Investors  |  A survey by Credit Suisse found that 53 percent of investors planned to allocate money to credit relative value funds, which take advantage of opportunities like the one that caused the huge trading loss at JPMorgan Chase, Reuters reports.
REUTERS

Trial Begins for Founder of Whitman Capital  |  Prosecutors told a jury on Tuesday that Doug Whitman, of Whitman Capital, traded on insider tips about Google and other companies, Bloomberg News reports.
BLOOMBERG NEWS

Asian Firm Teams Up With Brevan Howard to Start Fund  |  A Hong Kong-based asset manager within the China International Capital Corporation is starting a new hedge fund with Brevan Howard Capital Management in an effort to attract Asian investors, The Wall Street Journal reports.
WALL STREET JOURNAL

I.P.O./OFFERINGS '

Zynga Shakes Up Top Management  |  The social games company reorganized its leadership as part of an effort to spur growth after a disappointing quarter, The Wall Street Journal reports.
WALL STREET JOURNAL

Zynga Sued by Shareholders  |  Investors are claiming in a pair of lawsuits that Zynga failed to warn them about declines in user and revenue growth, Reuters reports.
REUTERS

Architects of Corporate Regulation Criticize New Law  |  Paul Sarbanes and Michael Oxley, who gave their names to the Sarbanes-Oxley Act, used the planned I.P.O. of Manchester United as an example to show the flaws of a new law that relaxes rules for initial public offerings, Reuters reports.
REUTERS

Money Transfer Service Said to Prepare to Go Public  |  Xoom, a San F rancisco-based online money transfer service, has hired Goldman Sachs as the lead underwriter for its I.P.O., Reuters reports, citing unidentified people familiar with the situation.
REUTERS

VENTURE CAPITAL '

Twitter Backpedals After a Controversy  |  A Twitter executive personally apologized after an incident that caused some to say the company appeared to be censoring a user's account because of a corporate relationship, the Media Decoder blog reports.
NEW YORK TIMES MEDIA DECODER

Box, an Enterprise Software Firm, Announces New Financing  |  Box said it raised $125 million, with $100 million coming from the private equity firm General Atlantic, The Wall Street Journal reports.
WALL STREET JOURNAL

Cloud Company Looks for Allies  |  A company called Rackspace is using open source software to power its public cloud of Internet-connected computers, the Bits blog reports. The idea is that by drawing on the efforts of programmers outside the company, it will be able to compete more effectively with giants like Google, Amazon and Microsoft.
NEW YORK TIMES BITS

Social News Site Gets a Makeover  |  Betaworks, which bought Digg in early July after the social news aggregator had lost much of its audience, unveiled a totally redesigned vision for the site.
NEW YORK TIMES BITS

LEGAL /REGULATORY '

Ex-Citigroup Manager Cleared in SuitEx-Citigroup Manager Cleared in Suit  |  The Securities and Exchange Commission lost its lawsuit against Brian Stoker, who was accused of negligence in preparing sales materials for a complex mortgage-related investment.
DealBook ' | Document: Securities and Exchange Commission v. Brian H. Stoker

One Rule Regulators Are Rounding On  |  Is a new requirement that banks need to have a stockpile of cash and high-quality, easy-to-sell assets to meet withdrawals in the event of a market panic making it harder for banks to fund themselves?
DealBook '

Regulator Opposes Plan to Ease Housing Debt  |  After a study showed that taxpayers might save money if Fannie Mae and Freddie Mac were to offer debt forgiveness to borrowers, the director of the Federal Housing Finance Agency said his agency would not let such a program take place, The New York Times reports.
NEW YORK TIMES

MF Global Trustee Expects Customers to Be Made Whole  |  Louis J. Freeh, the trustee for MF Global Holdings, said in testimony prepared for a Senate committee that he believed customers of the bankrupt brokerage firm would recoup their money, Bloomberg News reports.
BLOOMBERG NEWS

< div class="ru-story">

S.E.C. Calls for Reforms of Municipal Bond Market  |  The Securities and Exchange Commission urged broad reforms of the market where cities raise money, but noted that it could not make the changes happen without an act of Congress, The New York Times reports.
NEW YORK TIMES

Olympus Sued by Shareholder Over Loss  |  Terumo Corporation, a Japanese medical device maker, is demanding to be compensated for a loss on its Olympus shares, Olympus said, according to Reuters.
REUTERS

2 Poker Sites Agree to Give Up Millions  |  Federal prosecutors said PokerStars and Full Tilt Poker agreed to settle money laundering and fraud charges, The New York T imes reports.
NEW YORK TIMES



Maple Group Wins Battle for Toronto Exchange Parent

The Maple Group, a consortium of Canadian financial firms and pension funds, acquired 91 percent of the shares in the TMX Group, securing its $3.7 billion buyout of the Canadian bourse.

The announcement ends more than a year-long battle for control of owner of the Toronto Stock Exchange. The consortium of Canadian financial institutions fended off advances from the London Stock Exchange, which withdrew its rival offer last year after failing to get shareholder backing.

The deal come as the world's financial exchange industry face a slowdown in global trading activity. In the tough environment, companies have been looking to deal-making to squeeze out extra profits and cut costs.

“We are very pleased with the level of support that shareholders have shown for this transaction as well as for the integrated exchange and clearing business proposition we have put forward,” Luc Bertrand, who represents Maple's investors, said in a statement.

Maple, who se members include Ontario Teachers' Pension Plan and CIBC World Markets, paid $50 in cash and stock for each TMX share. The consortium now plans to buy the remaining stock in TMX and combine the exchange with Alpha Trading Systems and The Canadian Depository for Securities, two separate trading-based companies.

Tom Kloet will become chief executive of both Maple and TMX, according to a company statement. Chuck Winograd will serve as the two company's chairman.

TMX's shareholders will meet in September to approve the exchange of the final shares in the bourse for Maple stock.



Societe Generale Profit Falls 42% on Weak Economy

PARIS - The French bank Société Générale said on Wednesday that its second-quarter profit slumped 42 percent from a year earlier after it wrote down the value of two poorly performing units in the United States and Russia and signaled further problems at a subsidiary in Greece as the economy there continued to plunge.

Net profit fell to 433 million euros, or $533 million, well below average forecasts of 764 million euros and down from 747 million euros in April through June 2011. The bank said it was taking steps to increase its capital cushion by the end of 2013, a move that regulators have demanded banks take to augment safety as Europe's long-running debt crisis worsens.

Société Générale said it took its biggest hit from a 250 million euro write-down on operations in Russia after a subsidiary, Rosbank, was merged with Société Générale's Russian retail bank, SG Vostok. Société Générale also wrote down 200 million euros on its investment fund based in Los Angeles, TCW Group, amid rocky market conditions.

Analysts are waiting to see whether Société Générale may sell off TCW Group as part of a broader plan to shed assets to raise money to meet the new, higher capital requirements of 9 to 9.5 percent in the next year and a half.

The bank, one of Europe's largest, signaled that it also continued to face financial challenges with its Greek subsidiary, Geniki Bank. In a statement, Société Générale said its operations in Central and Eastern Europe “excluding Greece” did well, although it did not provide figures for the Greek unit. Société Générale has recently cut funding to Geniki to a minimum as the Greek economy craters.

French banks have been slashing their exposure to Greece by selling off loads of that nation's sovereign debt, and those with subsidiaries are scrambling to figure out how to cope with a worsening of the situation in the Southern European country. A rival, the Frenc h bank Crédit Agricole, said recently that it was in talks to sell its Greek subsidiary, Emporiki Bank, as soon as possible.

But perhaps more striking were concerns that Société Générale raised about the toll from Europe's economic downturn. The bank said growth in Europe had slowed “significantly” in the second quarter, crimping some of its profitability from retail operations. The firm's international retail banking revenue fell to 1.24 billion euros, a drop of nearly 2 percent.

The bank's operations were also buffeted amid strong tensions in financial markets, as investors held back while Europe's policy makers struggled to find “durable solutions to the sovereign debt crisis,” the bank said. The weakness in capital markets hit corporate and investment bank revenue, which fell more than 30 percent to 1.22 billion euros.

Société Générale also cited deteriorating conditions in France, which has the largest economy in the euro zone after that of Germany. So far, France has managed to steer clear of the contagion from the debt crisis that began in Greece and has now jumped to Spain. But the economy has been softening, and the government is likely to face a rising bill as the costs of cleaning up the crisis grow.

The bank's French retail operations remained flat at 2.04 billion euros.

Société Générale said investors had been cautious about France during the presidential elections in May as they waited to see what policies a new government would apply to a country is experiencing “very weak growth.”

In morning trading in Paris, shares in the French bank had risen less than 1 percent.



Top Credit Suisse Deal Maker to Take Post in Chicago

One of Wall Street's veteran mergers advisers is preparing for wheeling and dealing in a different arena: the world of politics.

Steven Koch, Credit Suisse's co-chairman of mergers and acquisitions, will leave his perch at the Swiss bank to become a deputy mayor of Chicago in Rahm Emanuel's administration.

He will succeed Mark Angelson, the former chief executive of R.R. Donnelly, who has served in the Emanuel administration since it took office last year. His first day will be Sept. 4.

But moving from Wall Street to La Salle Street prompts mixed emotions in the longtime deal maker.

“I'm hugely excited because it's a fascinating world, and it's a fascinating new challenge,” he told DealBook by telephone on Tuesday. “It's just exciting to re-pot yourself.”

Mr. Koch's departure marks the end of a 27-year career at what has become Credit Suisse, one in which he advised on about $1 trillion worth of deals. A lawyer by training, he joined F irst Boston in 1985, having previously worked at Lehman Brothers Kuhn Loeb.

During that time, he rose through the ranks, eventually rising to his current role as a senior mergers executive at the firm. Among the deals that Mr. Koch has advised on were Fortune Brands' spin-off of Beam Brands, the Aon Corporation's takeover of Hewitt and Nestlé's takeovers of Ralston Purina and Gerber.

“I love what I do,” he said. “I wake up most mornings wondering why people pay me to do what I do.”

But Mr. Koch had always been interested in the public sector as well. He had long took part in nonprofit organizations like the Sinai Health System of Chicago, a hospital system. (The banker had raised several hundred thousand dollars for the organization by riding cross-country with his son, Jacob - a trip that sometimes involved taking client calls while pedaling past bewildered onlookers.)

Mr. Koch had campaigned for Barack Obama during his 2008 presidential run , a time in which he had made the acquaintance of Mr. Emanuel. After he successfully ran for mayor of Chicago, Mr. Emanuel asked Mr. Koch to co-head his transition committee.

Soon after Mr. Angelson gave notice of his intention to leave the Emanuel administration - he will become the chairman of the Institute of International Education's scholar rescue fund - Mr. Koch said that the mayor again gave him a call. While lacking in the theatrics that Mr. Emanuel is known for, the message was clear in asking for Mr. Koch's help.

“At some point, he said, enough of this,” Mr. Koch recalled. “He said, ‘It's your turn.'”

In a statement, Mr. Emanuel said, “Steve Koch is a natural choice to take over for Mark Angelson and continue the progress this administration is making to make sure Chicago's economy is diverse, expanding, fostering innovation and creating jobs throughout the city.”

The move will require a bit of a change in responsibility. As de puty mayor, Mr. Koch will be responsible for many of Chicago's financial issues, from its internal budget to development projects. It is an assignment that he says will be open-ended, rather than having any sort of fixed timeline.

Before taking the role, something he had already been considered for several years, Mr. Koch said that he had consulted with a number of friends. Among them was Daniel L. Doctoroff, a former Lehman Brothers banker who joined the administration of Mayor Michael R. Bloomberg of New York City.

Mr. Koch said that his agenda closely follows that of Mr. Emanuel, including improving Chicago's schools and bolstering the city's economic attractions for new businesses. And in his new role, he said that he expects to use many of the tools in his deal-maker kit, including financial analysis and people skills.

“It's fundamentally about persuasion and what drives people,” he said. “They're skills of how to get an organization to do things and move forward.”