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With Lucasfilm Deal, Disney Spends Big to Land a Lucrative Franchise

With its $4.05 billion acquisition of Lucasfilm, the Walt Disney Company is proving yet again that it is willing to pay up to land a big franchise.

Disney's takeover of Lucasfilm, keeper of the the “Star Wars” franchise, ranks as the media empire's second-biggest since its 1995 merger with Capital Cities, according to data from Capital IQ. Only the company's $7.6 billion purchase of Pixar ranks higher, with the $3.9 billion acquisition of Marvel Entertainment following closely behind.

Under the terms of the deal, Disney will pay equal amounts of cash and stock, which will include the issuance of 40 million new shares.

It could significantly increase the wealth of George Lucas, who owns Lucasfilm - described in the press release as “the sole shareholder” of the company. Earlier this year, Forbes estimated Mr. Lucas's net worth at about $3.2 billion.

Surveying Disney's list of mergers, one element that stands out is the company's willingness t o spend to acquire big-ticket content. The Pixar transaction brought with it the animation studio's stable of lucrative film series, including the “Toy Story” and “Monsters Inc.” franchises.

And the Marvel deal gave Disney control over characters like Iron Man and Captain America, which paid off in spades with successful movies like “The Avengers.” That one movie alone grossed $1.5 billion worldwide.

But acquiring the Star Wars universe may be the most lucrative to date. It has already spawned one of the most extensive media and merchandising empires in modern history. (Lucasfilm will also give Disney the rights to the Indiana Jones franchise and Industrial Light and Magic, the special-effects powerhouse.)

Disney is wasting no time taking advantage of its new toy: It's planning to introduced the seventh “Star Wars” movie sometime in 2015.



Deutsche Bank Posts $975 Million Profit in Third Quarter

12:43 p.m. | Updated

FRANKFURT - Deutsche Bank reported earnings on Tuesday that were better than expected, illustrating how lenders were beginning to benefit from the ebbing of tensions in the euro zone.

But the report also provided a reminder that banks continued to struggle with the legacy of the financial crisis and pressure from regulators.

Deutsche Bank, Germany's largest lender, said on Tuesday that profit declined 3 percent, to 755 million euros ($975 million), in the third quarter, as a comeback in investment banking revenue offset costs related to the bank's legal problems and a restructuring program.

Shares in the bank rose almost 4 percent in Frankfurt, in part because Stefan Krause, the bank's chief financial officer, said some of the decline in profit merely reflected accounting rules and would be recouped in future quarters.

But, in a conference call with analysts, Mr. Krause had to fend off suggestions that Deutsche Bank carried more risk than other European banks and was vulnerable to proposed regulations that would curtail profitable but risky businesses.

The bank's relatively high dependence on borrowed money to operate ‘‘is the wrong indicator to look at,'' Mr. Krause said. ‘‘We are quite satisfied with our third-quarter results,'' he said.

Overall revenue in the three months ended Sept. 30 rose 18 percent, to 8.7 billion euros. Revenue in the investment banking unit rose 67 percent, to 2.5 billion euros, as customers stepped up trading of stocks, bonds and other securities.

That was a reversal from the previous quarters, when Deutsche Bank clients avoided volatile financial markets, cutting into the fees that the bank earned from trades.

Deutsche Bank also recorded gains in other areas, including the unit that serves private and business customers. That business, which includes the Postbank network serving individual de positors, increased pretax profit 59 percent, to 492 million euros.

Fear of a breakup of the euro zone has eased after the European Central Bank said in September it was willing to buy bonds of countries like Spain, if necessary, to keep their borrowing costs under control. That has encouraged investors to return to markets, and it has benefited banks.

Anshu Jain and Jürgen Fitschen, who share chief executive duties at the bank, warned in a news release that the economic environment remained unsettled.

‘‘We will maintain a cautious and risk-focused approach,” they said.

Deutsche Bank has built up the size of its capital reserves, but still has a thinner cushion than other large banks, analysts said. ‘‘The key issue remains weak capital,'' analysts at J.P. Morgan Cazenove said in a note to investors Tuesday.

Deutsche Bank is also under pressure from regulators. Proposed European Union rules would compel banks to isolate their retail an d lending businesses from risks created by trading and other investment banking activities. Deutsche Bank, which has often earned much of its profit from investment banking, could be among those most affected if the rules go into force, some analysts say.

Mr. Krause, the chief financial officer, said the proposed changes would be bad for the European economy, by curtailing banks' ability to recycle excess cash into other uses. ‘‘We hope that sense will prevail,'' he said.

He was referring to a report by a group of experts convened by the European Commission and led by Erkki Liikanen, governor of the Bank of Finland. They recommended this month that the European Union require banks to put trading activities in separate legal units, to protect ordinary depositors.

Hugo Bänziger, former chief risk officer of Deutsche Bank, served on the expert panel and endorsed its recommendations.

Deutsche Bank continues to wrestle with legal proceedings related t o charges of unethical or illegal behavior in recent years. It is among the banks accused of manipulating the London interbank offered rate, or Libor, which is used to set interest rates on trillions of dollars of financial contracts worldwide.

Expenses related to litigation cut profit by 289 million euros in the quarter, Deutsche Bank said.

The bank disclosed on Tuesday that it had been asked by American regulators to provide information on its processing of dollar payments to people from countries that are subject to embargoes. The regulators are examining whether Deutsche Bank's activities were in compliance with state and federal laws, the bank said.

During the conference call, Mr. Krause declined to elaborate on the inquiry.

Costs related to a restructuring program, which is intended to make Deutsche Bank more efficient and less complex, subtracted another 276 million euros from third-quarter profit.

Deutsche Bank is trying to reduce annual operating costs by 4.5 billion euros in three years. About 1,500 jobs are being eliminated, and more cuts are likely, but so far the restructuring is not as radical as the one Deutsche Bank's Swiss rival, UBS, announced on Tuesday. UBS said it would eliminate 10,000 jobs, after reporting a quarterly loss of 2.2 billion Swiss francs ($2.3 billion).

In September, Mr. Jain and Mr. Fitschen, the co-chief executives, outlined an overhaul of the bank that included lower profit targets, bigger capital buffers and smaller bonuses for top executives.

‘‘We are aware that we are now entering a phase of execution and delivery on the promises we made,'' Mr. Krause said on Tuesday.

This post has been revised to reflect the following correction:

Correction: October 30, 2012

An earlier version of the article and headline had the incorrect amount in U.S. dollars for Deutsche Bank's third-quarter profit. The bank's profit was $975 million, not $795 million.



The Risks of Tapping a Retirement Fund for an Alternative Use

Retirement funds are being used increasingly for anything but retirement. Instead, 401(k)'s and individual retirement accounts are becoming money pots used to invest in business start-ups, speculate in gold and buy private equity investments.

Such maneuvers come with big tax advantages. But they may also leave their users penniless in retirement, while their ability to evade taxes can cost the government.

My interest was piqued by a recent ad in an airline magazine. It called on people to leave their mind-numbing jobs and use their retirement funds to start a franchise business. Invest in yourself was the idea.

I was startled at the directness. I.R.A.'s and 401(k)'s were never meant to be used to start a business. After 15 minutes on the Internet - one of the few upsides to air travel these days - I discovered armies of advisers willing to charge a fee to help you use your 401(k) or I.R.A. to start a business.

One of leaders in this nascent industry is Guidant Financial. You can get an idea of what is about from its Web site, which asserts that “by rolling your existing retirement funds into an iFinance plan you can invest in a small business or franchise inside your retirement plan … without tax penalties!”

The strategies to do so and not run afoul of I.R.S. regulations are varied, but the main one is to start a business and have it adopt a 401(k) plan. The existing 401(k) plan is rolled into the new one, which is invested in the new business. Voilá - instant financing. The downside, however, is that there is no money for retirement if the business fails.

And there is evidence that most of these businesses do fail. The Internal Revenue Service terms one form of this scheme as a Rollovers as Business Start-Ups plan, or perhaps with some unintended irony, a ROBS plan. In 2009, the I.R.S. studied ROBS plans and found that most of these businesses had gone bankrupt, losing the person's retirement saving s. In most cases the money was lost before the business even got off the ground. Nonetheless, the I.R.S. does not prohibit ROBS plans, but it has called for more scrutiny of the structure.

This has not diminished the ardor of franchisers and other investment advisers selling such plans. They aggressively market them to would-be entrepreneurs. Figures are hard to come by, but the chief executive and co-founder of Guidant, David Nilssen, recently told The New York Times that inquiries about these types of plans were up 196 percent in 2011 from 2009.

Yet this is not the only way use your retirement fund for something other than prudent retirement planning. A business even bigger than self-financing a start-up is the self-directed I.R.A. As of 2011, some $94 billion was invested in these plans, according to the Investment Company Institute.

Self-directed I.R.A.'s allow for speculation in much sexier investments, like gold bullion, oil and loans. But that is onl y the beginning. Want to own a rental home? You can do that through your I.R.A.. How about cattle or llamas? You can do that, too. There's even the case of someone who bought musical instruments using a retirement fund and rented them out for tax-free income.

Not surprisingly, the biggest growth area in alternative retirement fund investing is commodities. Gold I.R.A.'s are particularly popular, and one of the largest advisers in this area, the Entrust Group, recently stated that the value of these holdings at the firm had grown by more than five times in 2012.

This brings us to another oft-promoted feature of these funds, assuming the investments work out. Self-directed I.R.A.'s are great tax shelters because the money inside it, like money in a regular I.R.A. or 401(k), is untaxed until withdrawn. These plans offer tax savings that regular investors can't get because they defer taxes for decades. And if the investments are made through a Roth I.R.A., the gains are completely tax free.

Mitt Romney's experience illustrates the effectiveness of this strategy. When he was at Bain, he funneled his private equity investments into a tax-sheltered retirement fund, investing an unknown amount, but likely about $450,000. That amount is now worth $20.7 million to $101.6 million. All of this gain has been tax free, so far. Entrust, by the way, has an article on its Web site that promotes self-directed I.R.A.'s, citing Mr. Romney's use of them to shelter up to $100 million in gains.

And if the tax on capital gains rises in coming years, and marketing by these alternative investment firms grows, expect more entrepreneurs and investors to turn to their retirement funds for this type of extreme investing.

Some of these investors will succeed, and these lucky few will pay fewer taxes because of the use of these retirement plans, costing the government money that could total billions. Originally, the idea was that the tax-free nat ure of this investment was justified to encourage saving for retirement. But that is not what is going on here. Buying mass quantities of gold? This is nothing but speculation. And as is the case with most speculation, the average investor is not likely to make money.

Mr. Romney, of course, as a top private equity executive, knew what he was doing and could afford the loss if things had gone wrong. But the average investor speculating with I.R.A. funds or concentrating them into one investment or a start-up is asking for trouble. There are no statistics on how self-directed I.R.A.'s have performed, but there is no reason to expect that investors in gold and cattle will do any better than those who have day-traded with their retirement funds.

Then there is the fraud issue. Self-directed I.R.A.'s have been a particular target of Ponzi schemes, causing the North American Securities Administration Association to issue a special alert. In the most prominent case of re cent note, the Securities and Exchange Commission stopped a number of schemes trying to persuade retirees to buy promissory notes in Turkish investments - yes, Turkish promissory notes - through self-directed I.R.A.'s.

The fact that all of this activity is for anything but retirement is a case study in how legitimate tax policies can be distorted and rules bent to gain the inventive. More sadly, though, is that a whole industry growing around these investments also shows how some Americans are willing to risk anything for a big jackpot in the markets. And how under the current system, if they succeed, they can do it tax free, while the rest of us pay taxes.



Lawyer Withdraws From Case by Man Claiming Facebook Ownership

The lawyer representing a man claiming to own a substantial stake in Facebook withdrew from the case on Tuesday, just a day after he defended his client in an interview with The New York Times.

Federal prosecutors arrested the entrepreneur, Paul Ceglia, last week on fraud charges, accusing him of forging the e-mails and contract that supported his two-year-old claim against the social networking giant.

Dean Boland, the lawyer for Mr. Ceglia, notified the court that he was dropping out of the civil lawsuit. His reasons for withdrawing were filed under seal, but in the public portion of his filing, Mr. Boland supported his client.

“The undersigned feels it is important to emphasize in the strongest terms possible, that the reasons underlying this request, provided to the court for its review, have nothing to do with any belief by the undersigned that plaintiff is engaged in now or has been engaged in during the past, fraud regarding this case,” Mr. Bola nd wrote.

In an interview with The Times on Monday, Mr. Boland backed his client's claims and said he would continue to pursue the case against Facebook. He said that the government's criminal charges would help his client's cause because it suggested that some of Mr. Ceglia's evidence was authentic.

Prosecutors say that Mr. Ceglia, 39, of Wellsville, N.Y., filed a spurious lawsuit claiming that Mr. Zuckerberg, as Harvard freshman in 2003, promised him an at least 50 percent in the social network, and that he doctored, fabricated and destroyed evidence to support his claims.

“Ceglia's alleged conduct not only constitutes a massive fraud attempt, but also an attempted corruption of our legal system through the manufacture of false evidence,” Preet Bharara, the United States attorney in Manhattan, said in a statement. “Dressing up a fraud as a lawsuit does not immunize you from prosecution.”

Mr. Ceglia has been detained since his arrest on Frida y and is expected to make an appearance and enter a plea in Federal District Court in Buffalo on Wednesday. A federal public defender represents him in the criminal case.

Mr. Boland is the latest lawyer to withdraw from his civil case.

Mr. Ceglia's lawyers since 2010 have included Robert W. Brownlie of DLA Piper, the world's largest law firm, and Dennis C. Vacco, a former New York attorney general now in private practice. Mr. Brownlie and Mr. Vacco dropped out of the case after Kasowitz Benson Friedman & Torres, another law firm that had briefly represented Mr. Ceglia, notified them that it believed Mr. Ceglia's supposed contract with Mr. Zuckerberg was a sham.

Mr. Brownlie, who last year staunchly defended the legitimacy of his client's claims to The Times, has not returned multiple calls and e-mails seeking comment. Mr. Vacco declined to comment, citing attorney-client privilege.

In his withdrawal filing on Tuesday, Mr. Boland, of Lakewood, Ohio, sa id that no one had proved that Mr. Ceglia's claims were fraudulent.

“Myself and prior counsel all have and had a duty to bring to this court any evidence of fraud, even fraud by our own client, should we have come across it,” wrote Mr. Boland. “No prior counsel and current counsel, including the undersigned, have done so. The undersigned, at no time, has encountered evidence of fraud by plaintiff.”

Facebook's lawyers at Gibson, Dunn & Crutcher have suggested that Facebook could pursue disciplinary claims against some of the lawyers that represented Mr. Ceglia.

“Now that Ceglia is being brought to justice for his crimes, Facebook intends to hold accountable all of those who assisted Ceglia in this outrageous fraud,” Orin Snyder, a partner at Gibson Dunn, said in a statement. “Facebook will send a strong message that it does not tolerate legal shakedowns and will take aggressive action against all those who file abusive lawsuits against the comp any.”



After Hurricane Sandy, Stock Exchanges Prepare to Open

The New York Stock Exchange will open as usual Wednesday following an unprecedented storm that flooded many parts of Manhattan but spared the 220-year-old exchange from serious damage.

Larry Leibowitz, the chief operating officer of the NYSE Euronext, the parent of the exchange, said both the NYSE floor and its electronic trading platforms are preparing for a normal trading day. The market has been shut for two days in the face of Hurricane Sandy, which swept across the East Coast on Monday, forcing thousands of people to evacuate and causing millions of dollars in damage.

“Barring any unforeseen circumstances we will be open,” Mr. Leibowitz said. “We all see the need to get the exchange working as quickly as we can.”

The New York Stock Exchange is one of the world's most identifiable symbols of capitalism and its inability to operate is often viewed as a larger statement on stability of U.S. stock markets and the economy.

It's rare for the New York Stock Exchange to halt operations for two days. The last time it did for weather related reasons was 1888. After terrorists attacked various American landmarks including The World Trade Center, the exchange closed for four days. The re-opening was heralded around the world as a sign of the strength of the United States.

“It's incredibly important to open these markets,” said Miranda Mizen, director of equities research at TABB Group. “It says New York is open for business.”

On Monday, the New York Stock Exchange was battling rumors that the floor was under three feet of water. Mr. Leibowtiz, who lives not far from the N.Y.S.E., walked through flooded streets this morning to get to work, but he said the water stopped about two blocks away from the Big Board.



Timescast: Aftermath of Hurricane Sandy

Field reports in and around New York City in the wake of the major storm overnight.

Damage to the Financial District, as Viewed via Twitter

As Hurricane Sandy paralyzed the financial district on Monday and Tuesday, the mood on social media sites became one of disbelief and concern.

The storm created a nearly unrecognizable scene in Lower Manhattan. Images of severely flooded streets were passed around the Internet, with people expressing shock.

Many were focused on the scene of destruction unfolding downtown, as the water rose to record levels. Gov. Andrew M. Cuomo sent an image of flooding in Battery Park. A photo of flooding in the Ground Zero construction site was also passed around Twitter.

A user known as “amaeryllis” (Twitter bio: “business lawyer, feminist, eccentric”) expressed grief:

The frantic pace of social media helped an unfounded rumor gain traction. Twitter users began c laiming that the New York Stock Exchange floor was submerged in water, a report that made its way to CNN.

But that turned out to be false.

Lower Manhattan was still dealing with the storm's aftermath on Tuesday morning.

Initially, Twitter did have its share of caustic messages. A photograph of Goldman Sachs's illuminated headquarters, apparently using a backup power source, went viral online. With the power out in the surrounding area, some on Twitter could not resist making jabs a t the firm.

A picture on Instagram showed lights on at Citigroup's office as well.

But the overall tone of Twitter seemed to shift during the storm, as The New York Times's David Carr noted:



Carlyle Group to Buy Diversey Japan for $377 Million

The Carlyle Group agreed on Tuesday to buy a Japanese sanitation business from Sealed Air, known for its Bubble Wrap brand, for $377 million.

Under the terms of the deal, Carlyle will acquire Diversey Japan, which provides cleaning and hygiene products and services to customers in the Asian market. The Japanese unit had sales of around $321 million for the 12 months through Sept. 30, according to a company statement.

“With its competitive line-up of products and solutions as well as its strong sales network, we believe the company will continue its significant growth in the future,” Tamotsu Adachi, co-head of Carlyle's Japan buyout group, said in a statement.

The deal for the Japanese business is the latest in a flurry of acquisitions by the buyout giant. In August, Carlyle said it would buy Getty Images, the big provider of high-quality images and video, for $3.3 billion. The firm also agreed to the takeover of the TCW Group, a Los Angeles-based inv estment manager, from Société Générale of France.

The sale of Diversey Japan comes just over a year since Sealed Air bought privately held Diversey Holdings in a $4.3 billion deal to expand the packaging company into commercial cleaning and sanitation.

Carlyle's latest deal is expected to close by the end of the year.



Markets Remain Shut

MARKETS REMAIN SHUT  |  Stock markets will be closed Tuesday for a second day, as New York deals with the aftermath of Hurricane Sandy. While the New York Stock Exchange currently plans to be back in business on Wednesday, it may have to rely entirely on electronic trading, the exchange said late Monday, adding that the physical floor had not been damaged by the storm. This is the first time since 1888 that weather has forced markets to go dark for consecutive days.

The effect of the market closure on trading could be limited, according to Larry Tabb of the research firm Tabb Group. Still, it means that some companies, like Restoration Hardware, may have to delay their initial public offerings. For the exchanges, the stoppage could translate into $1 million of lost transaction fees each day, a relatively minor amount, according to Richard Repetto, an analyst at S andler O'Neill & Partners.

Over all, the storm could cause economic losses ranging from $10 billion to $20 billion, according to the catastrophe risk modeling firm Eqecat, The New York Times reports. Insurers could be responsible for covering $5 billion to $10 billion in property and casualty claims.

The New York City area continues to deal with flooding and power outages. Cars were seen floating on Wall Street on Monday. At the new luxury high-rise at 157 West 57th Street, where top-floor apartments have been marketed for around $90 million, a broken crane dangled 1,000 feet above the ground. With tunnels and subways flooded, the Metropolitan Transportation Authority said on Tuesday morning that the storm was the worst disaster in the subway's history.

 

UBS OVERHAULS INVESTMENT BANKING  |  UBS announced plans to cut up to 10,000 jobs as part of a major restructuri ng of its investment banking division. The restructuring is weighing on earnings. UBS reported a loss of 2.2 billion Swiss francs ($2.3 billion), in the quarter, compared with a profit of 1 billion francs in the period a year earlier. The chief executive of UBS, Sergio P. Ermotti, said the changes would “transform the firm and position it for future success,” adding that the “decision has been a difficult one.”

Deutsche Bank announced results that were essentially flat for the third quarter, reporting net profit of 755 million euros ($795 million)i it posted net profit of 777 million euros in the period a year earlier. Its investment bank proved a rare bright spot, reporting a 67 percent increase in revenue. “In the near term, the macro environment remains uncertain, and we will maintain a cautious and risk-focused approach,” said two co-chief executives, Anshu Jain and Jürgen Fitschen.

 

ON THE AGENDA  |  The storm has upended many plans, and it may even cause the monthly jobs report to be delayed. Ford Motor, Pfizer and BP are scheduled to report quarterly results. The Standard & Poor's/Case-Shiller index of home prices is released at 9 a.m.

 

A $5 BILLION BUYOUT?  | 
Reynolds and Reynolds is considering a private equity buyout that could be worth about $5 billion, according to Reuters. The company, which sells software to auto dealers, is working with Qatalyst Partners and Deutsche Bank, and the potential investors include K.K.R., Reuters says.

 

 

 

Mergers & Acquisitions '

Bayer to Buy Schiff for $1.2 Billion  |  The German pharmaceutical company Bayer is paying $34 a share for the American vitamin maker Schiff Nutrition, a 47 percent premium over its closing price on Friday, Reuters reports. REUTERS

 

Clean Harbors to Acquire Safety-Kleen for $1.25 Billion  |  After filing for an initial public offering, Safety-Kleen has found another way to let its owners cash out: by selling the company. DealBook '

 

Riverbed Technology to Buy Opnet for $993 Million  |  Riverbed Technology said on Monday that it planned to buy Opnet Technologies for $993.3 million in cash and stock, bolstering its business in optimizing software on corporate networks. DealBook '

 

JDA Software Said to Be for Sale  |  The enterprise software maker JDA Software, which has a market capitalization of about $1.5 billion, is considering selling itself, Reuters reports, citing unidentified people familiar with the matter. REUTERS

 

Polygon Management Is Sold  |  The hedge fund Polygon Management was sold for $98.5 million to the Tetragon Financial Group, which is looking to expand its asset management business, Reuters reports. REUTERS

 

INVESTMENT BANKING '

Behind an Estimated $30 Trillion Drain on Banks, a Lot of Hypotheticals  |  A banking industry group looked into a new derivatives rule and sketched out a situation in which banks were required to come up with as much as $30 trillion in cash. But a deeper look suggests that many of the worries might be overdone. DealBook '

 

Standard Chartered Reports Modest Rise in Profit  |  The bank said operating profit in the first nine months of the year rose by a “mid-single digit” rate. BLOOMBERG NEWS

 

Profit Rises 15% at Big Chinese Bank  |  The Industrial and Commercial Bank of China announced results that beat analysts' estimates, Bloomberg News reports. BLOOMBERG NEWS

 

Evercore Announces Strategic Agreement with VTB Capital  |  The i nvestment bank Evercore Partners has announced a cooperation agreement with its Russian counterpart VTB Capital to develop potential new deals for their clients in Russia and North America. The firms said they hoped to foster cross-border transactions and other projects involving Russian and North American companies. DealBook '

 

Credit Suisse Said to Plan Venture With Qatar Fund  | 
BLOOMBERG NEWS

 

PRIVATE EQUITY '

Chairman of CVC Capital Partners to Retire  |  Michael Smith, who joined CVC in the early 1980s when it was part of Citicorp, will be succeeded by Donald Mackenzie, Rolly van Rappard and Steve Koltes, who will act as co-chairmen of the company. DealBook '

 

Cerberus Said to Partner With Real Estate Firms  |  As it plans a possible bid for Supervalu, Cerberus Capital Management is working with the real estate firms that were its partners in the takeover of Albertsons six years ago, The Wall Street Journal reports, citing unidentified people familiar with the discussions. WALL STREET JOURNAL

 

Carlyle Plans a Real Estate Development in London  | 
FINANCIAL TIMES

 

New Private Equity Firm Breaks From Tradition  |  A start-up firm is “setting out to overturn the traditional private equity fund model, investing on a deal-by-deal basis and only charging fees on invested capital,” Financial News reports. FINANCIAL NEWS

 

HEDGE FUNDS '

Paulson's Gift Highlights a Lack Elsewhere  |  When John A. Paulson gave $100 million to improve Central Park, the donation provided a reminder that “so many of the city's other parks look like ragged country cousins,” writes Michael Powell in his column in The New York Times. NEW YORK TIMES

 

Computer-Driven Hedge Funds Have a Rough Month  | 
REUTERS

 

Grant Capital Partners to Shutter  |  Geoff Grant, founder of the $1 billion he dge fund firm Grant Capital, said in a letter to investors that he did not have an “edge” in the markets, according to The Financial Times. FINANCIAL TIMES

 

Maverick Capital Starts a Fund With Narrower Focus  |  Maverick's new fund, known as Maverick Select, focuses on a selection of stocks that have been the best performers in the firm's portfolio, The Wall Street Journal reports. WALL STREET JOURNAL

 

I.P.O./OFFERINGS '

Telefonica's German Unit Raises $1.87 Billion in I.P.O.  |  The mobile carrier priced shares at the top of its revised price range, for the largest I.P.O. in Europe this year, Bloomberg News reports. BLOOMBERG NEWS

 

VENTURE CAPITAL '

Andreessen Horowitz Invests in a Mobile Billing Company  |  The venture capital firm Andreessen Horowitz is leading a $15.5 million round of financing in ItsOn, which makes software for mobile billing, Reuters reports. REUTERS

 

LEGAL/REGULATORY '

A Dubious Case Found Lawyers Eager to Make Some MoneyA Dubious Case Found Lawyers Eager to Make Some Money  |  In Paul Ceglia's case against Facebook, his lawyers vouched for a client who is now charged with a “ blatant forgery,” writes Andrew Ross Sorkin in the DealBook column. DealBook '

 

After Accusations of Insider Trading, a Profession of Innocence  |  A Denver businessman arrested on Friday on insider trading charges e-mailed his family and friends over the weekend, proclaiming his innocence and comparing his plight to challenges faced by Nelson Mandela and Steven P. Jobs. DealBook '

 

Milken's Past Invoked in Gupta Sentencing  |  More than two decades after pleading guilty to securities fraud, Michael Milken continues to loom large as a symbol in the world of white-collar crime. DealBook '

 

How Bank of America Could Fight a Go vernment Lawsuit  |  Legal minutiae may give Bank of America a basis to fight the claims in a recent Justice Department lawsuit, which relies on two statutes - the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act - for seeking penalties, writes Peter J. Henning in the White Collar Watch column. DealBook '

 

Corzine Ponders His Next Move  |  Jon S. Corzine, MF Global's former leader, “is struggling to figure out what comes next for himself, according to friends and former co-workers,” The Wall Street Journal reports. WALL STREET JOURNAL

 



Bayer to Buy Schiff Nutrition for $1.2 Billion

LONDON â€" The German pharmaceuticals company Bayer agreed on Tuesday to acquire the nutritional supplements company Schiff Nutrition International for $1.2 billion.

Under the terms of the deal, Bayer is offering shareholders in Schiff Nutrition $34 a share in the vitamins-maker, a 47 percent premium to the company's closing share price on Friday. (Trading in New York was closed on Monday because of Hurricane Sandy.)

The deal is part of the Bayer's efforts to diversify away from its core prescription drug operations into new areas, such as nutritional supplements. Last month, the German drug giant acquired the animal health operations of Teva Pharmaceuticals for $145 million.

“Bayer is committed to augment its organic growth with strategic bolt-on acquisitions,” Bayer's chief executive, Marijn Dekkers, said in a statement. “The Schiff business significantly enhances our presence and position in the United States.”

Shares in Bayer rose less t han 1 percent in morning trading in Frankfurt.

The German company said it would use Schiff's operations across the United States to expand its own footprint in North America. The American company, based in Salt Lake City, owns a variety of vitamin brands, including MegaRed and Move Free.

Schiff Nutrition reported revenues of $259 million for the 12 months through May 31, according to a company statement. The company's sales are expected to grow by up to 46 percent for this financial year. Schiff Nutrition employs around 400 people in Utah and California.

The U.S. company will be combined with Bayer Healthcare, a subsidiary of Bayer based in Morristown, New Jersey, that reported sales of 17.2 billion euros ($22.2 billion) last year. The division includes Bayer's animal health, consumer care, medical care and pharmaceuticals operations.

Bayer on Tuesday also reported an 18 percent drop in its net income, to 528 million euros, in the third quarter compar ed to the same period last year.

The deal for Schiff Nutrition is expected to close by the end of the year.



UBS to Cut 10,000 Jobs in Major Overhaul

LONDON â€" UBS said on Tuesday that it planned to cut up to 10,000 jobs and enact further cost cuts in a major overhaul of its investment banking division as the Swiss firm announced a huge loss for the third quarter.

The Swiss bank posted a loss of 2.2 billion Swiss francs, or $2.3 billion, for the three months through Sept. 30, citing restructuring costs and charges connected to its own debt. It had recorded a 1 billion franc net profit in the similar period last year.

The major overhaul is an attempt by UBS to reduce its riskier operations and focus on its profitable wealth management businesses.

As part of its plan to pare back its investment banking unit, UBS, which is based in Zurich, said it would cut its work force up to 16 percent over the next two years, bringing it to 54,000 employees worldwide by 2015. The bank already had announced 3,500 job losses last year, which do not form part of the newly-announced layoffs.

“This decision has b een a difficult one,” UBS's chief executive, Sergio P. Ermotti, said in a statement. “Some reductions will result from natural attrition and we will take whatever measures we can to mitigate the overall effect.”

The job cuts are part of additional 3.4 billion Swiss francs of annual cost cuts to be implemented by 2015. The new reductions, announced on Tuesday, will take UBS's planned annual cost savings to 5.4 billion francs over the same time period.

The announced changes would lead to the firm's so-called risk-weighted assets to fall below 200 billion francs by 2017, compared to the current level of more than 250 billion francs. The drop will reduce the bank's exposure to riskier financial assets.

UBS's investment banking division will see its risk-weighted assets fall 23 percent, to around 70 billion francs, over the same time period.

The bank said the cost savings would come primarily from its reduced investment banking operations, where the bank plans to eliminate most of its fixed income businesses because they had become unprofitable.

The reduced investment banking unit would focus on advisory services, research, equities, foreign exchange and precious metals, according to a company statement.

As part of its restructuring plans, UBS said it had incurred 3.1 billion francs of losses related to its investment banking business, as well as a further 863 million franc loss connected to charges on the value of its debt.

“We are now able to take further decisive action to transform the firm and position it for future success,” Mr. Ermotti of UBS said in a statement.

The Swiss bank said the major restructuring plans would continue to weigh on its profitability. The firm expects to book a further 500 million franc charge in the fourth quarter of the year, which would lead to a net loss over the period.

Europe's debt crisis and volatility in the world's financial markets will continue to weigh on earnings, the bank said, as clients remain cautious about investing their money.

“Failure to make progress on these key issues would make further improvements in prevailing market conditions unlikely and would thus generate headwinds for revenue growth, net interest margins and net new money,” UBS said.

Despite the restructuring charges, the Swiss firm said new inflows to its wealth management operations rose by 12 billion francs over the quarter. Pretax profit for its wealth management unit fell 32 percent, to 600 million francs, compared to the same period last year.

The firm's investment banking unit reported a 2.9 billion franc loss compared to a 650 million franc loss in the third quarter of last year. Pretax profit in UBS' retail and corporate fell 40 percent, to 409 million francs, over the same period.

The bank said its common equity Tier 1 ratio, a measure of a firm's ability to weather financial shocks, stood at 9.3 percent u nder the so-called Basel III rules. UBS plans to raise that figure to 11.5 percent by next year.

Andrea Orcel, who joined UBS last year from Bank of America Merrill Lynch, will lead the smaller investment banking division, while Carsten Kengeter, the current co-head of the unit, will step down from UBS's executive board to oversee the sale of the bank's unprofitable investment banking businesses and financial positions.



Deutsche Bank Records $795 Million Profit in Third Quarter

Deutsche Bank, Germany's largest lender, said on Tuesday that profit in the third quarter was essentially flat, as a surge in investment banking revenue offset costs related to the bank's legal problems and a cost-cutting program.

Net profit in the three months through September fell to 755 million euros, or about $795 million, from 777 million euros a year earlier, the bank said. Revenue rose 18 percent to 8.7 billion euros. The bank reported a sharp recovery in its investment banking unit, which had been battered by the euro zone crisis and regulatory pressure to reduce risk.

Revenue in corporate banking and securities, the investment banking unit, rose 67 percent in the quarter to 2.5 billion euros as customers stepped up trading activity, the bank said.

Anshu Jain and Jürgen Fitschen, who share chief executive duties at the bank, said in a news release that the environment for banks is still unsettled.

“In the near term, the macro environment remains uncertain, and we will maintain a cautious and risk-focused approach,” they said.

Like most of its peers, Deutsche Bank has been trying to cope with market turmoil caused by the euro crisis at the same time regulators are putting pressure on European lenders with large investment banking operations.

Proposed European Union rules would compel banks to isolate their retail and lending businesses from risks created by investment banking. Deutsche Bank, which has often earned much of its profit from investment banking, could be among the those most affected if the rules go into force, some analysts say.

However, the bank also appeared to benefit from reduced tensions in the euro zone in recent months. Fear of a breakup of the euro zone has eased after the European Central Bank said it would buy bonds of countries like Spain, if necessary, to keep their borrowing costs under control.

Deutsche Bank is facing legal proceedings related to allega tions of unethical or illegal behavior in recent years. It is among the banks accused of manipulating the London interbank offered rate, or Libor, which is used to set interest rates on trillions of dollars of financial contracts worldwide.

Expenses related to litigation cut profit by 289 million euros in the quarter, Deutsche Bank said. Costs related to a restructuring program, which is intended to make the bank more efficient and less complex, subtracted another 276 million euros.

In September, Mr. Jain and Mr. Fitschen outlined an overhaul of the bank that will include lower profit targets, bigger capital buffers and smaller bonuses for top executives.