Total Pageviews

The Election Won\'t Solve All Puzzles

Here comes more uncertainty.

It may sound counterintuitive, but whatever the outcome of the election - whether President Obama or Mitt Romney wins - the economy and markets are likely to face more uncertainty, not less, over the coming year.

“Uncertainty” has become the watchword over the last several years for many chief executives, politicians and economists as an explanation - or perhaps an excuse - for the economy's slow growth, for the lack of hiring by business and for the volatility in the stock market.

“The claim is that businesses and households are uncertain about future taxes, spending levels, regulations, health care reform and interest rates. In turn, this uncertainty leads them to postpone spending on investment and consumption goods and to slow hiring, impeding the recovery,” a group of professors from Stanford University and the University of Chicago wrote in a study that found “current levels of economic policy uncertainty are a t extremely elevated levels compared to recent history.” (The professors have created a Web site, policyuncertainty.com, where you can track the “uncertainty” levels.)

Come Wednesday morning, we should know who our president will be. But the uncertainty hardly ends there.

Almost immediately after the elections, the next big talking point on Wall Street and in Washington is going to be the now infamous “fiscal cliff,” a series of automatic tax increases and spending cuts that was the result of a Congressional compromise reached last summer and is to take effect on Jan. 1, unless Congress finds an alternative. Some economists say the tax increases and spending cuts in the existing agreement could shave as much as 4 percent off G.D.P. if they are not renegotiated. Already, executives say that the uncertainty over the outcome of the fiscal cliff is causing them to hold back from making new investments.

But the greatest likelihood is that the fiscal cl iff isn't going to be resolved soon at all -the betting line of the political cognoscenti is that no matter who wins, Congress will find a way to kick the issue down the road, perhaps as far as the fall of 2013, providing a new cloud of uncertainty over the economy.

For investors, the fiscal cliff includes a tax increase on dividends (making them the equivalent of ordinary income, on which rates could rise to as high as 39.6 percent) and capital gains (up to 20 percent from 15 percent). In a note to clients sent out on Sunday night, Goldman Sachs said that it expected the rate for both dividends and capital gains to be negotiated to 20 percent in either a second Obama term or a Romney presidency. But more important, Goldman noted that when similar tax increases were on the table in 1970 and 1986, “the S.& P. 500 posted negative returns in the December prior to implementation as investors locked in the lower rate.” December, the report said, “has the second-highes t average monthly return” since 1928.

Many investors have already begun selling stocks and companies in anticipation of tax increases. Speculation was rampant last week that one of the reasons for the timing of the sale of George Lucas's company, Lucasfilm, to Disney for $4.1 billion in cash and stock, was the impending changes in tax policy. (Mr. Lucas has said that he plans to donate a majority of his wealth to charity.)

Once we get past the fiscal cliff, if we do at all, there is Europe. Remember Europe? The issues in Greece and Spain have managed to stay off the front pages during the election run-up, but they have not gone away. Some economists have argued that things have gotten worse. Angela Merkel, the chancellor of Germany, who will face election in 2013, said on Monday that the fiscal crisis in Europe was likely to last at least five years. “Whoever thinks this can be fixed in one or two years is wrong,” she said.

And don't forget the Middle East. That “uncertainty” for the world - and the global economy - isn't going away anytime soon either. Questions about a possible attack on Iran will persist under either candidate.

And finally, there is Ben Bernanke, chairman of the Federal Reserve, one of the biggest uncertainties of them all. As I reported in this column two weeks ago, the greatest likelihood is that Mr. Bernanke will step down at the end of his term in early 2014 no matter who wins the election.

It's possible - though unlikely - that his departure could happen even sooner if Mr. Romney wins. Over the next year and a half, Mr. Bernanke's future as the Fed chairman will feed a sense of uncertainty among investors who have become accustomed to his easy money policies. If President Obama wins, he is likely to appoint a successor to Mr. Bernanke who is dovish on monetary policy, and more likely to keep printing money as Mr. Bernanke has, a strategy that comes with its own risks. If Mr. Romne y wins, he may appoint a more hawkish chairman, a move that could create a different sense of uncertainty about how the Federal Reserve will unwind itself from Mr. Bernanke's policies.

None of these issues are new. President Obama took office facing a fiscal policy dispute that was not and probably could not be settled given the gridlock in Congress. No solution is in sight for Europe's problems. Tension in the Middle East is escalating as fast as nuclear technology. And the Federal Reserve's monetary policy is at its most opaque since the Reagan administration.

All of which shows that the comedian Jon Stewart is more on target than ever with the cheeky title of his election coverage on “The Daily Show” on Comedy Central. Carrying on a tradition, it is known as “Indecision 2012.”

Update that to 2013, and it's good for another year.



Nike Nears Deal to Sell Cole Haan to Private Equity Firm

Nike is nearing a deal to sell its Cole Haan brand to Apax Partners for about $500 million as the athletic shoe-and-apparel giant looks to streamline its product offerings.

A deal could be announced as early as next week, according to two people briefed on the matter. But the people warned that negotiations were continuing and might still fall apart.

Six months ago, Nike announced plans to dispose of Cole Haan and the soccer brand Umbro in order to focus on its core Nike business. In October, Nike announced that it had reached a deal to sell Umbro to the Iconix Brand Group for $225 million.

The footwear industry has seen several large deals over the past year. Last month, Wolverwine Worldwide bought Collective Brands, which owns lines including Saucony, Sperry Top-Sider, and Stride Rite, for about $1.25 billion.

Nike's auction for Cole Haan - a fashion brand that sells chukka boots for men and trendy wedges for women - was hotly contested among seve ral private equity firms. Industry experts handicapping the sale considered TPG a natural buyer since Matthew Rubel, a former Cole Haan chief executive, now serves as a senior adviser to the private equity firm.

But Apax, which operates out of London and New York, prevailed over TPG, Sycamore Partners and several other firms, these people said. Apax has a long track record of operating retail and consumer businesses, including successful investments in Tommy Hilfiger and Phillips-Van Heusen.

Apax is expected to hire Jack Boys, a former chief executive at Converse, to run the company, according to the people familiar with the deal. Coincidentally, Mr. Boys was the C.E.O. of Converse when Nike paid $305 million in 2003 to acquire the sneaker company. Nike still owns the Converse brand, but Mr. Boys is no longer with the company.

A spokesman for Apax declined to comment. The news of the Cole Haan was earlier reported by Reuters.

Founded by Trafton Cole a nd Eddie Haan in Chicago in 1928, Cole Haan was originally a men's footwear company. The Beaverton, Oregon-based Nike purchased Cole Haan for $80 million in 1988 as the company looked to diversify into casual clothing and leather goods.

In addition to selling its shoes in department stores and other outlets, Cole Haan has over 80 of its own retail stores. Its corporate headquarters are in Scarborough, Maine, and New York.

Under Nike's ownership, Cole Haan moved away from its older, more conservative consumer base and updated its product line for a younger customer, including its G-series line. There have been other synergies: Nike put its air-cushion technology into Cole Haan soles, even in women's heels. And today, among Cole Haan's best-selling lines are its Maria Sharapova signature ballet flats. Ms. Sharapova, the tennis star and one of Nike's top athletes, helped designed the shoe.

Cole Haan has grown under Nike's ownership in recent years. It account ed for $535 million in sales in Nike's last fiscal year, a three percent increase over the previous twelve months.

The Umbro investment has been less successful for Nike. It paid about $565 million for the Britain-based Umbro in 2008 with plans to compete with Adidas and other big soccer brands. After having little success in reviving the brand, it jettisoned Umbro and decided to focus on its flagship Nike soccer line.

Nike's ancillary brands account for a small percentage of the company's overall sales. According Nike's last annual report, “other brands” - a group that includes Umbro, Cole Haan, and Converse - only account for about 13 percent of the company's $24 billion in revenues.



Goldman Names New Director

Goldman Sachs said on Monday that Mark E. Tucker, the chief executive and president of AIA Group, the Asian life insurer, had joined its board, expanding the number of directors to 12.

Mr. Tucker, 54, will be on the board's audit, risk, compensation and corporate governance and nominating committees.

AIA was spun out of American International Group in a $17.8 billion initial public offering on the Hong Kong exchange in 2010. A.I.G. has since been selling additional shares of AIA and now holds a 13.7 percent stake in the company.

Before joining AIA, Mr. Tucker was head of Prudential of Britain (no relation to Prudential of the United States) from 2005 to 2009.

A graduate of the University of Leeds, he is qualified as a chartered accountant. Mr. Tucker served as a non-executive director of the court of the Bank of England from 2009 to 2012.

Lloyd C. Blankfein, the chief executive of Goldman, said in a statement: “Mark has broad and deep ope rating and strategic experience across Asia Pacific, Europe and North America. And, with his nearly three decades of leadership in the insurance and banking sectors, Mark has a proven understanding of effective risk management.”



A Triple Whammy for Barclays

Barclays seems to be facing the wrath of several regulatory agencies in the United States.

Four months after reaching a $453 million settlement with American and British regulators over manipulating the London interbank offered rate, or Libor, the Federal Energy Regulatory Commission is seeking a $435 million civil penalty over accusations that the bank manipulated energy prices in and around California.

The bank has also disclosed that the Justice Department and the Securities and Exchange Commission are examining whether payments related to raising capital from investors in the Middle East during the height of the financial crisis violated the Foreign Corrupt Practices Act.

The Federal Energy Regulatory Commission order involves complex transactions from 2006 to 2009 in which Barclays traders are accused of taking losses in the market for delivering electricity in order to manipulate the price of an index that effectively bolstered the value of financia l swaps held by the bank.

That summary hardly does justice to the detailed description of the accusations against the bank. Reading it should cure any case of insomnia almost instantly.

The $435 million proposed penalty is the largest ever sought by the Federal Energy Regulatory Commission, exceeding the previous record $135 million fine imposed against Constellation Energy in April and dwarfing assessments in all other cases.

The commission is also seeking to have Barclays disgorge approximately $35 million in profit. In a statement, the bank asserted its “trading was legitimate and above board,” adding that it intended “to vigorously defend this matter.”

How can the government seek a civil penalty more than 10 times greater than the claimed profit from the actions? It relates to the starting point for the penalty calculation.

Under guidelines issued by the energy commission, the process for determining the appropriate civil penalty can be based on the loss caused by the violations along with certain factors that can increase the fine.

The important point here is the conclusion that “Barclays engaged in this activity for 655 product days for 35 monthly products and caused losses to market participants estimated at $139.3 million.” The Energy Policy Act of 2005 gave the Federal Energy Regulatory Commission the authority to seek a civil penalty of up to $1 million for each day in which there was a violation of the rules intended to prevent manipulation of the energy market. In the case of Barclays, therefore, the maximum could be $655 million.

There are several factors in the case that work against Barclays. For one, the commission noted that one of the traders involved was a senior manager. The order also concludes that the bank's internal compliance program was “inadequate” because it “did not have systems in place to detect” manipulative trading. In fact, the commission asserts, responsibility for compliance in the power trading operation was put in the hands of one the senior manager accused of the violations.

Another factor is previous misconduct by the bank. Here the Libor settlement has come back to haunt Barclays. The energy commission noted that the bank was involved in manipulation during the same period, even though it was in another part of the company and involved a far different financial issue. That shows the problem every multinational company faces when distinct violations can be aggregated to paint a picture of an organization that appears to be unable to prevent misconduct by its employees.

Taken together, these factors led to the decision to seek about a triple penalty against the bank, based on the claimed losses it inflicted on others trading in the financials swaps contracts. The commission's calculation is sure to be challenged by Barclays if it decides not to pursue a settlement and seeks a hearing.

The fore ign bribery investigation by the Justice Department and the S.E.C. may be an even bigger headache because the amounts involved are significant. During the height of the 2008 financial crisis, Barclays raised over £11 billion from Qatar Holding, the sovereign wealth fund of the Qatari government, and made payments totaling £400 million to facilitate the investments. Those payments are at the center of the bribery inquiry, which is also being scrutinized by the Serious Fraud Office and the Financial Services Authority in Britain.

Coming on top of the Libor settlement and the Federal Energy Regulatory Commission charges, at a minimum the American government may try to extract a significant financial penalty from Barclays to settle any violations of the Foreign Corrupt Practices Act. The bank would be, in effect, a three-time loser, making it hard to reach a favorable resolution.

Barclays was praised by the Justice Department for its “extraordinary co operation” in the Libor inquiry, and continued cooperation would be a point in its favor. But the investigations of energy price manipulation and overseas bribery cover the same period of time as the Libor manipulation involving the bank's senior management.

At some point, the Justice Department and the S.E.C. may be unwilling to go easy when the bank's culture seemingly reflected the attitude of a teenager: “If we don't get caught, then why bring it to anyone's attention?”

I think it is unlikely that prosecutors will take any action that threatens the bank's authority to conduct business in the United States, but that is the threat hanging over its head. That may prompt Barclays to settle the bribery investigation as quickly as possible. Any settlement is likely to include continued monitoring of the bank's compliance program, a potentially onerous cost given its size.

Barclays is certainly hoping that there are no more investigations lurking out there that could cause more pain. The last few months have been bad enough for its reputation and bottom line.



Wall Street Turns to Hurricane Relief

As many in the New York area cope with the effects of Hurricane Sandy, Wall Street employees are looking to assist the recovery.

Financial firms have promised various forms of aid, including donations, loans and waived fees. Goldman Sachs on Friday became the latest firm to assist the recovery effort, pledging $10 million in loans and donations.

Many New Yorkers spent the weekend volunteering, and a hedge fund manager, Roy Niederhoffer, organized a group of friends to truck out supplies, according to The New York Times.

Reminders of the storm were to be found in even the most elite circles of New York society. One of the year's most prominent fund-raising galas, the Library Lions dinner at the New York Public Library, was canceled because a power outage affected preparations. (Electricity in that building is now restored.)

The event, which had been scheduled for Monday evening, featured some bold-faced names as co-chairs, including John A. Paulson, Felix Rohatyn, and Stephen A. Schwarzman (for whom the library's building on 42nd Street is named). In a notice announcing the cancellation, the president and chief executive of the New York Public Library said the organization was “exploring how to put the food from our gala to good use.”

That charitable urge seems to have taken hold across Wall Street. Goldman on Friday said it would extend $5 million in loans to small businesses affected by the storm, and that the firm and its employees plan to donate $5 million to relief efforts. In addition, Goldman employees are planning volunteer projects to help the tristate area.

Other big banks are donating money as well. JPMorgan Chase, the country's biggest bank, said last week that it would give up to $5 million for storm relief. The disaster “literally hits home,” Jamie Dimon, JPMorgan's chief executive, said in a statement.

Bank of America, Citigroup and Wells Fargo also announced charitable donations . The big banks waived certain fees for customers as well. For instance, Bank of America and Wells Fargo waived A.T.M. fees, and Chase waived overdraft fees.

Henry Kravis, the K.K.R. co-founder, said he was looking to use his Partnership for New York City Fund to strengthen the city's infrastructure. The organization has more than $35 million to invest in businesses, according to Bloomberg News.

Electrical power was restored for much of Manhattan over the weekend, and work crews made progress in pumping water out of the Financial District. But some haven't fully recovered from the storm. In the Lower Manhattan, where many of the big firms have offices, flooding has damaged mechanical and electrical systems, according to The New York Times. One New York Plaza, which houses offices of Morgan Stanley, might be shut for up to six weeks, and questions also surround 4 New York Plaza, where JPMorgan has offices.

But one firm stood out for its resilience: Goldman Sachs. The firm stacked sandbags in front of its headquarters at 200 West Street to guard against flooding, and it ran generators that also helped power some small businesses in the building.

The firm's chief executive, Lloyd C. Blankfein, seemed defensive when discussing these efforts during an event in New York late last week.

“I'm not going to take it that someone is going to scorn us for doing what we did,” Mr. Blankfein said, according to New York magazine. “We worked hard and did sensible things. And by the way, having done that, it put us in a position to help other people in the neighborhood.”

“I don't want to sound haughty,” he continued, “but I think if other people did it, the place would be better off.”



Ousted Duke Energy Chief Named Head of Tennessee Utility

William D. Johnson, the ousted chief executive of Duke Energy, was named the new head of the Tennessee Valley Authority, the government-created provider of wholesale power in Tennessee and parts of six other southern states.

Mr. Johnson was a casualty of the merger between Progress Energy and Duke Energy, a deal that created the nation's largest public utility. Under the terms of the agreement, Mr. Johnson was to run the combined utility, but he was pushed out at the first board meeting in a coup that sent reverberations through the industry.

In hearings before the North Carolina Utilities Commission, the board of Duke Energy defended its actions. The directors painted Mr. Johnson as an autocratic leader who had failed to be transparent about problems with mounting repair bills at a nuclear power plant in Florida.

Mr. Johnson's defense was equally spirited. He testified that Duke Energy's board got cold feet over the merger. When it couldn't back out of the $32 billion deal, the company pushed him out.

On Sunday, Mr. Johnson declined to talk at length about what happened at Duke, preferring to focus on his new job and looking forward. “Life goes on,” he said. “You get up. You continue. If you're lucky, you have an opportunity like this to come to the T.V.A. and work with the great people here and carry on this mission.”

The Tennessee Valley Authority, with revenue of $11.8 billion in 2011, was established in 1933 to control flood waters on the Tennessee River and spur economic development in what was at the time a deeply impoverished part of the country. Among its top challenges in the coming years is to manage the replacement of its aging coal fleet without running up against its mandated debt cap of $30 billion. It's debt now stands at $22 billion.

Mr. Johnson replaces Tom Kilgore, who is retiring after leading the organization since 2006. The two worked together at Progress Energy. Mr. Johnson's new salary wasn't disclosed, although Mr. Kilgore earned just under $4 million in total compensation in 2011.



Business Day Live: A Daunting Search for Shelter

At Rockaway Beach, residents are increasingly cold and scared. | Storm-battered supply chains threaten holiday shopping. | Media gear up to avoid gaffes on election night.

Netflix Adopts Poison Pill

With Carl C. Icahn knocking on its front door, Netflix has put up the traditional first line of corporate anti-takeover defense.

The company announced on Monday that its board had adopted a shareholder rights plan, or a “poison pill,” just days after Mr. Icahn disclosed that he had acquired a 9.98 percent stake. Netflix said the plan was meant to protect the company and shareholders from “efforts to obtain control of Netflix that the board of directors determines are not in the best interests of Netflix and its stockholders.”

The poison pill is intended to make it more expensive for Mr. Icahn to accumulate more Netflix shares.

Under the plan, the company is issuing one right for every common share. Each right enables a shareholder to buy one one-thousandth of a new preferred share at the exercise price of $350 per right. But these rights can be exercised only if an investor acquires 10 percent of the company without the approval of the compa ny's board. (Institutional investors can acquire up to 20 percent.)

In its statement, Netflix added:

In addition, if after a person or group acquires 10 percent (or 20 percent in the case of 13G institutional investors) or more of Netflix's outstanding common stock, Netflix merges into another company, an acquiring entity merges into Netflix or Netflix sells or transfers more than 50 percent of its assets, cash flow or earning power, then each right will entitle the holder thereof to purchase, for the exercise price, a number of shares of common stock of the person engaging in the transaction having a then-current market value of twice the exercise price. The acquiring person will not be entitled to exercise these rights.

The rights plan will expire on Nov. 2, 2015.



Rothschild Proposes Alternative to Bumi Asset Sale

The mining company Bumi said on Monday that it had received a proposal from the British financier Nathaniel Rothschild, less than a month since Indonesian shareholders in the mining company had offered to buy Bumi's coal mining assets for around $1.2 billion. The announcement, which did not provide specifics of Mr. Rothschild's plans, is the latest in a number of boardroom maneuvers by the British financier and the dynastic Bakrie family of Indonesia over the future control of Bumi. Read more »

Taubman to Leave Morgan Stanley

Morgan Stanley said on Monday that Paul J. Taubman, one of the co-heads of its core securities arm and a top deal-maker, planned to retire at year-end, in an unexpected shake-up that follows years of bickering between two of its top executives.

The co-head of the institutional securities division, Colm Kelleher, will become the sole president of the unit come January and will report to Morgan Stanley's chairman and chief executive, James Gorman.

Mr. Taubman is widely respected as one of the industry's most prominent mergers bankers, having forged a reputation as a top adviser to the media and telecom industries with a gold-plated client list that includes the likes of Comcast and Time Warner.

And he was an invaluable part of Morgan Stanley's response to the financial crisis, helping to broker an emergency lifeline from the Mitsubishi UFJ Financial Group of Japan that kept the firm afloat.

“Paul is an outstanding banker and business leader who has made exceptional contributions both to Morgan Stanley and to our investment banking franchise during his highly distinguished 30-year career here,” Mr. Gorman said in a statement.

Mr. Taubman became co-president of the securities unit along with Mr. Kelleher, formerly Morgan Stanley's chief financial officer, in January of 2010. Since their appointments, however, the men clashed repeatedly over their shared leadership of Morgan Stanley's most prominent business.

The two have different backgrounds and styles: Mr. Taubman a reserved investment banker, Mr. Kelleher an outspoken former accountant with a taste for Cuban cigars.

So rancorous was the squabbling that Mr. Kelleher was moved to London, with the two rarely speaking to each other. Such infighting has also come at a tough time for Morgan Stanley, as the firm seeks to revamp its securities unit to deal with more difficult markets and more stringent capital requirements that have tamped down on profitab ility.

Morgan Stanley also announced that it has named Mark Eichorn and Franck Petitgas as the global co-heads of investment banking, reporting to Mr. Kelleher. Jeff Holzschuh was named the chairman of institutional securities to focus on maintaining key client relationships.



Stifel Financial to Buy KBW for $575 Million

Stifel Financial agreed on Monday to buy KBW Inc. for about $575 million in cash and stock, giving the acquisitive investment banking firm a prominent adviser to the financial services industry.

Under the terms of the deal, Stifel will pay $10 a share in cash and $7.50 a share in stock. (The exact amount of stock that KBW shareholders will receive will be based on Stifel's volume-weighted average closing price for the 10 days before closing.)

Shares in KBW leaped 17.5 percent in premarket trading on Monday, to $19.15, while those in Stifel rose 1.9 percent, to $32.50.

Over the past few years, Stifel has proved hungry for deals, having bought Thomas Weisel Partners and struck a partnership with the restructuring specialists Miller Buckfire (which the firm has indicated that it would like to buy outright.)

In KBW - short for Keefe Bruyette & Woods - Stifel is acquiring a 50-year-old firm well-known for its catering to the financial services industry. KBW specializes in advising on deals involving banks, insurance companies and trading concerns, and it has a well-regarded research arm.

The deal appears in part to be a bet that financial services deals have nowhere to go but up, with mergers involving banks and insurance companies having been largely depressed since the financial crisis.

“This merger with KBW, a premier, specialized financial services firm, provides Stifel with an exciting opportunity to grow and become a market leader in the financial services sector, Ronald J. Kruszewski, Stifel's chairman and chief executive, said in a statement. “Our shared culture and platforms are highly complementary, and this combination expands our capabilities at a time when we believe the financial services sector is poised to benefit from improving fundamentals.”

The target company's shares have outperformed its soon-to-be parent's over the last year, having risen 17.5 percent compared to less than 1 pe rcent for Stifel.

KBW's chief executive, Thomas B. Michaud, is expected to join Stifel's board, and will continue to lead KBW as a separate business division within its new parent.

Based in New York, KBW has grown from an eight-person shop over five decades into a 537-employee firm with offices in the United States, Europe and Asia. It survived a devastating blow during the Sept. 11 terrorist attacks, which destroyed its headquarters in the World Trade Center and killed 67 employees and five of nine directors, including then-chairman and co-chief executive, Joseph Berry.

Stifel said that it expected the combined company to yield annual net revenues of $1.8 billion, based on results from the year to date through Sept. 30.

The deal is subject to approval by KBW's shareholders and regulators.

Stifel was advised by its own investment banking team and the law firm Bryan Cave, while its board received a fairness opinion from Stephens Inc. KBW was advi sed by itself, Bank of America Merrill Lynch and the law firm Sullivan & Cromwell.



Higher Bonuses in Lean Times

HIGHER BONUSES IN LEAN TIMES  |  Wall Street employees may find it hard to celebrate at bonus time this year. While year-end incentives are expected to be slightly higher, “the increase will come on top of one of the worst years for bank pay in recent memory,” DealBook's Susanne Craig reports.

Bonuses are likely to be flat to up to 10 percent higher, according to a compensation survey by Johnson Associates to be released on Monday, Ms. Craig reports. Fixed-income traders, whose bonuses dropped the most in 2011, are expected to see the biggest gain this year. Top executives, like Lloyd C. Blankfein of Goldman Sachs, are projected to take in roughly what they did last year. But the broader context is one of retrenching. “Following a year when year-end incentives declined by as much as 30 percent, the fact that many firms are able to keep this year's bonuses f lat or slightly larger is notable,” said Alan Johnson, managing director of Johnson Associates.

At Goldman, the cutbacks can be seen in the list of partners, who are paid from a special compensation pool. The firm said in a filing on Friday that its class of partners numbered 407, down by 31 from earlier this year, Bloomberg News reports. Reuters notes that the firm named fewer partners “because of a broad decline in Goldman's staff levels.”

 

WALL STREET AFTER THE STORM  |  As large sections of New York and New Jersey still lack basic essentials, some on Wall Street are looking to help out. Goldman Sachs and its employees are donating $5 million to aid the recovery from Hurricane Sandy, and the firm plans to offer $5 million of loans to small businesses affected by the storm. Goldman, which protected its headquarters with sandbags and managed to keep its lights on as others lost power, may be feeling slightly defensive. “I'm not going to take it that someone is going to scorn us for doing what we did,” Mr. Blankfein said at an event late last week, according to New York magazine. “We worked hard and did sensible things. And by the way, having done that, it put us in a position to help other people in the neighborhood.”

Henry Kravis of K.K.R. is hoping to strengthen the city's infrastructure with a $35 million fund, Bloomberg News reports. And a hedge fund manager from the Upper West Side, Roy Niederhoffer, was among volunteers who turned out over the weekend. “I really don't think it's the government's job to take care of all this,” he told The New York Times.

 

ON THE AGENDA  |  Tesla Motors, Humana, True Religion and Time Warner Cable report earnings before the opening bell. The Library Lions gala at the New York Publ ic Library, which was set for Monday evening, has been canceled because of the storm. Robert Wolf, the former UBS executive who runs 32 Advisors, is on CNBC at 4:30 p.m.

 

WHAT'S MISSING FROM THE POLITICAL DEBATE  |  Amid the election campaigning, some important issues still have not been adequately addressed. For one, it is not easy to determine exactly how taxes might change, regardless of which candidate wins, James B. Stewart writes in his New York Times column. After some calculations, Mr. Stewart concludes that his own rate under Mr. Obama would be lower than that paid by the ultrarich, but under Mitt Romney it would be higher. The candidates also have spent relatively little time discussing financial regulation. Gretchen Morgenson writes in her New York Times column that “neither President Obama nor Mitt Romney has really addressed one of the nation's most pressing eco nomic issues: the risk that one day taxpayers might have to bail out swashbuckling financial institutions again.”

 

HSBC'S LEGAL WOES  |  The fallout continues from a money laundering scandal involving HSBC. The bank said on Monday that it had set aside an additional $800 million to cover potential fines, settlements and other expenses related to the investigation, bringing the total earmarked amount to $1.5 billion. The matter could result in corporate criminal and civil charges, in addition to fines against the bank, HSBC said. HSBC's third-quarter profit fell about 50 percent, to $2.8 billion, affected by the new provisions.

 

 

 

Mergers & Acquisitions '

MetLife Agrees to Sell Mortgage Portfolio to JPMorg an  |  MetLife is selling its mortgage servicing business, consisting of a portfolio worth about $70 billion, as it looks to end its status as a bank holding company. BLOOMBERG NEWS

 

Canada Extends Deadline to Review Cnooc-Nexen Deal  |  The deadline is now Dec. 10, Reuters reports. REUTERS

 

Lloyds Bank Said to Weigh Selling Stake in Wealth Manager  |  The Lloyds Banking Group may sell its 60 percent stake in St James's Place, a wealth manager, to raise about $1.6 billion, the Sunday Times reported, according to Reuters. REUTERS

 

INVESTMENT BANKING '

UBS Revamps Its Investment Bank  |  Only days after the Swiss bank UBS announced 10,000 job cuts as part of a major overhaul, it has begun to reorganize its investment banking unit, according to an internal memorandum reviewed by DealBook. DealBook '

 

Bank of America Prepares to Pay Shareholders  |  Bank of America last week “received a reprieve when regulators determined it would not have to hold as large a cushion of equity as expected, a ruling which could hasten the return of capital,” The Financial Times writes. FINANCIAL TIMES

 

Rochdale Says Trading in Apple Led It to Seek Help  |  Daniel Crowley, the president of Rochdale Securities, said: “Rochdale ha d an unauthorized trade that left us with a negative capital position. We are in talks that would result in a healthy balance sheet, and we expect to be trading maybe as early as Monday.” WALL STREET JOURNAL

 

Berkshire Hathaway Profit Rises 72%  |  Berkshire Hathaway, run by Warren E. Buffett, reported higher profit as “a stock market rally helped improve results in the derivatives book and earnings at the railroad climbed,” Bloomberg News reports. BLOOMBERG NEWS

 

Mutual Funds Run by Facebook's Underwriters Sold Early  |  Funds managed by Morgan Stanley, JPMorgan Chase and Wells Fargo were “among the first out the door when the social network giant's stock began tanking,” The Wall Street Journal reports. WALL STREET JOURNAL

 

PRIVATE EQUITY '

Four Seasons Hotel Said to Get $900 Million Offer  | 
WALL STREET JOURNAL

 

Bid for KFC Franchisees in Malaysia Moves Forward  |  Shareholders of KFC Holdings in Malaysia voted in favor of a $1.7 billion bid by a group that includes CVC Capital Partners, Reuters reports. REUTERS

 

HEDGE FUNDS '

Smaller Hedge Funds Shut Down  |  The Financial Times reports: “A rising number of small hedge funds are shutting their doors, with houses run by former inv estment bank proprietary traders being particularly badly hit by rising costs and difficulty in attracting assets.” FINANCIAL TIMES

 

How Will Elliott's Victory Against Argentina Affect Creditors?  |  The Financial Times reports: “Money managers, lawyers and intergovernmental organizations are scrambling to understand the ramifications of an unexpected legal victory by the hedge fund Elliott Associates against the state of Argentina.” FINANCIAL TIMES

 

Brevan Howard Hires a Goldman Trader  |  Wayne Leslie, who ran European investment-grade trading at Goldman Sachs, is headed to Brevan Howard Asset Management in London, Bloomberg News reports, citing an unidentified person with knowledge of the matter. BLOOMBERG NEWS

 

I.P.O./OFFERINGS '

S.E.C. Turned Up the Pressure on Groupon  |  This summer, the Securities and Exchange Commission began asking Groupon to reveal more information about its revenue from new businesses, after the company revised its 2011 results, according to documents recently made public. WALL STREET JOURNAL  |  BLOOMBERG NEWS

 

Restoration Hardware Jumps in Market Debut  |  Shares in Restoration Hardware opened up at $32.28, more than 35 percent higher than their initial offer price, as investor appetite for the stock appeared undiminished by the storm-shortened week. DealB ook '

 

Potbelly Sandwich Shop Said to Plan an I.P.O.  |  The Potbelly Sandwich Shop chain has hired Goldman Sachs and Bank of America for a potential I.P.O. next year, Reuters reports, citing unidentified people familiar with the matter. REUTERS

 

VENTURE CAPITAL '

HubSpot Attracts $35 Million  |  HubSpot, a start-up that focuses on social media marketing, raised $35 million for international growth and acquisitions, AllThingsD reports. ALLTHINGSD

 

How Smaller Web Sites Depend on Google  | 
NEW YORK TIMES

 

A Review of ‘Start-Ups: Silicon Valley'  |  “The real geeks of Mountain View and Menlo Park are smart enough to know that reality is the last thing to expect from a Bravo reality show,” writes Mike Hale in The New York Times. NEW YORK TIMES

 

LEGAL/REGULATORY '

Reading the Fine Print in Abacus and Other Soured Deals  |  Many of the soured investment products that helped lead to the financial crisis contained disclosures of their risks, but the investors failed to heed warning signs, Steven M. Davidoff writes in the Deal Professor column. Deal Professor '

 

Goldman Sachs Challenges Class-Action Lawsuit   |  Goldman Sachs urged the United States Supreme Court “to throw out a mortgage securities class-action lawsuit that it said could cost Wall Street tens of billions of dollars,” Reuters reports. REUTERS

 

In Australia, S.&P. Found to Have Misled Investors  |  An Australian judge ruled that Standard & Poor's misled investors by bestowing a high rating on a product created by ABN Amro that later collapsed, “a landmark case that paves the way for legal action in Europe,” The Financial Times reports. FINANCIAL TIMES

 

Fallen Billionaire in Ireland Is Jailed  |  Sean Quinn of Ireland became “the first major player jailed in connection with the country's economic collapse, having come to personif y its boom and bust,” Reuters writes. REUTERS

 

Nomura Faces Another Insider Trading Case  |  On Friday, the Japanese bank Nomura said it would probably be involved in a new insider trading case, months after the firm's chief executive, Kenichi Watanabe, resigned following similar accusations. DealBook '

 

Officials at G-20 Meeting Warn on Debt  |  Though there was talk of Europe's crisis and the federal deficit of the United States, “the meeting of the largest industrial and emerging economies was not expected to produce any major agreement,” The New York Times reports. NEW YORK TIMES

 



UBS Unveils New Team in Investment Banking Unit

LONDON â€" UBS has started to revamp its investment bank.

Only days after the Swiss bank announced 10,000 job cuts as part of a major overhaul, UBS has begun to reorganize its investment banking unit into two separate divisions, according to an internal memo reviewed by DealBook.

The European bank's so-called corporate client solutions division, which will represent around one-third of the investment bank's revenues, will now focus on advisory and capital market services.

UBS said David Soanes would run the division's operations in Europe, Steve Cummings would head up the Americas region and Matthew Grounds would lead the Asia Pacific region. Rajeev Misra will also become global head of the bank's financing solutions, according to the internal memo.

Simon Warshaw, previously co-head of UBS's investment banking business in Europe, will now focus on plans to develop the firm's corporate client solutions division unit in the region.

UBS's newly c reated investor client services unit inside its investment banking division will include the firm's existing equities, foreign exchange and credit operations. The Swiss bank expects the business to provide around two-thirds of the revenues for its combined investment banking unit.

As part of the restructuring, UBS said it had appointed Mike Stewart as global head of equities, while Chris Murphy will become global head of rates and credit. Chris Vogelgesang and George Athanasopoulos also will now lead the form's foreign exchange and precious metals operations in the investor client services division.

“I don't believe that in order to be successful in business you have to be all things to all people,” Andrea Orcel, a former Bank of America banker who will lead UBS's global investment banking operations, said in the internal memo. “You must, however, excel at what you do.”

The appointments come less than a week after UBS announced major layoffs in its investment banking unit as the looks to reduce its risky trading activity.

The majority of the job losses will be targeted in the Swiss bank's operations in London and New York, with the firm's fixed income business expected to provide many of the layoffs. Carsten Kengeter, the former co-head of UBS's global investment banking operations, also will step down from the firm's executive board to oversee the winding down of the bank's unprofitable investment banking businesses and financial positions.

UBS' plans include a 16 percent reduction in its global work force, to 54,000. Last year, the bank also announced a separate batch of 3,500 job cuts.



HSBC Sets Aside Extra $800 Million for U.S. Money Laundering Case

5:21 a.m. | Updated

LONDON - HSBC Holdings said on Monday that it had set aside a further $800 million connected to a money-laundering investigation in the United States as the bank's net profit halved in the third quarter of the year.

The bank, which is based in London, said it had made the new provision to cover potential fines, settlements and other expenses related to the money-laundering inquiry as the firm continued to negotiate with U.S. authorities. In total, HSBC has now earmarked a combined $1.5 billion for expenses related to the case. The figure does not include legal costs.

The announcement follows a U.S. government report earlier this year that accused HSBC of helping clients to illegally bring money into the U.S. that was linked to drug trafficking activities and from Middle Eastern banks with ties to terrorists.

“We deeply regret what took place took place in the United States and Mexico,” HSBC's chief executive, Stuart Gulliver, told reporters on a conference call on Monday. “A number of people have left the bank and have had clawbacks against their compensation,” related to the case.

The bank added that a resolution to the matter would probably include corporate criminal and civil charges, as well as sizeable fines against the bank. HSBC said some of the charges could be offset through a potential settlement agreement. The firm did not say when a settlement with U.S. authorities could be announced.

The new provisions related to the money-laundering case and additional $353 million set aside to compensate British customers who were inappropriately sold insurance weighed on HSBC's third quarter net results.

The bank said its net profit halved, to $2.8 billion, in the three months through Sept. 30, compared with the same period last year. The British firm also said it had incurred a quarterly charge of $1.7 billion on the value of its own debt.

Without the adjustments, HSBC's pretax profit in the third quarter more than doubled, to $5 billion. The unadjusted figure was slightly below many analysts' estimates.

HSBC's shares fell 2.2 percent in morning trading in London.

As part of a restructuring plan, the bank has been selling assets in countries where HSBC believes it does not have the scale to compete. The sales include HSBC's general insurance businesses in Asia and Latin America, as well as its units in Costa Rica, El Salvador and Honduras. The bank said it had made $500 million of cost savings during the quarter, and it now expects to save up to a combined $3.5 billion by the end of next year.

Despite the weak global economy, the British company, which has large operations in Asia, said pretax profit in its global banking and markets division, which includes its investment banking operations, more than doubled, to $2.2 billion. HSBC's commercial banking unit also saw its pretax p rofit increase 16 percent, to $2.2 billion.

The British firm's dependence on fast-growing markets in Asia and Latin America continued over the quarter. HSBC said it had reported a pretax loss in both its European and North American operations, but posted a $1.8 billion pretax profit in its Hong Kong business, an almost 40 percent increase over the same period last year.

HSBC said it remained concerned about the European debt crisis and potential financial problems in the U.S. connected to the so-called “fiscal cliff,” though the bank said it was optimistic that China's slowing economy would rebound on the back of strong local investment.

“We forecast that growth will recover in 2013 as the impact of accelerated infrastructure approvals and ambitious regional investment plans filter through,” HSBC said in a news release, referring to the Chinese economy. “We also expect to see economic recovery in Latin America heading into 2013, helped by policy s timulus measures across the region.”

The bank's core tier 1 capital ratio, a measure of a firm's ability to weather financial shocks, rose slightly over the quarter, to 11.7 percent.