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Senior JPMorgan Executive Takes Temporary Leave Amid Reshuffling

JPMorgan Chase’s chief risk officer is taking a temporary sabbatical, marking the latest move in an extensive reshuffling of JPMorgan’s executive suite following a botched credit bet that has cost the bank more than $6 billion.

The executive, John Hogan, said in a memo to employees Friday that he would leave the nation’s largest bank for four months. Ashley Bacon, who is currently the bank’s deputy chief risk officer will take over until Mr. Hogan returns, which is expected during the summer, according to several people familiar with the matter.

As chief risk officer, Mr. Hogan has presided over a tumultuous period at JPMorgan. He took over from Barry Zubrow just months before JPMorgan announced in May that a soured bet had caused roughly $2 billion in losses. The losses on the trade made by the bank’s chief investment officehave since swelled, undercutting the reputation of the bank and its chief executive, Jamie Dimon, who was long known for his deft handling of risk.

In less than a year, JPMorgan has vastly upended its executive suite, elevated a team of younger executives and clawed back millions of dollars in compensation from executives tainted by the bungled trades. Ina R. Drew, who headed the chief investment office, resigned shortly after the trading losses were announced.

Mr. Hogan had been planning for the past couple of months to take a temporary leave after the death of his father in November, according to several people close to Mr. Hogan.

“Later this month I plan to begin a sabbatical for a few months - returning to the firm in early summer in my current role as chief risk officer,” Mr. Hogan said in a memo provided! by JPMorgan.

Mr. Hogan, 46, was spared from criticism in an internal investigation of the losses led by Michael J. Cavanagh, the co-head of the corporate and investment bank. While the report, which was critical of Mr. Dimon for relying too heavily on assurances of others at the bank, leveled its most vicious attacks on the executives directly responsible for reining in the outsize bets of London traders in the chief investment office, a once little known unit. The 129-page report, which the bank released last week during its quarterly earnings call, laid much of the blame on Mr. Zubrow and Douglas Braunstein, who was the bank’s chief financial officer.

In another blow to the bank’s once vaunted risk reputation, federal banking regulators hit JPMorgan this month with two enforcement actions for gulfs in risk management that caused the multi-billion trading loss.

The two cease-and-desist orders from the Office of the Comptroller of the Currency and the Federal Reserve spotted several weaknesses throughout the bank, including problems related to how JPMorgan quantified potential losses from a series of complex trades. In addition, the orders faulted bank executives for not better informing the board as the wagers in the chief investment office grew increasingly risky.

To reassure skittish investors and regulators that JPMorgan has revamped its risk oversight, JPMorgan’s board dealt a stunning blow to Mr. Dimon. Last week, the board voted uninanimously to slash Mr. Dimon’s pay to $11.5 million, down from $23.1 million a year earlier.

Still, some federal regulators are concerned that the board lacks the financial acumen to control the bank’s risky activities, according to several regulators.

The cut to Mr. Dimon’s pay were announced last week when the b! ank repor! ted that its earnings surged to a record of $21.3 billion.



In Davos, the Search for New Nations Driven by Economic Growth

DAVOS, Switzerland â€" With Europe in a sharp slowdown and the United States forging only a slow recovery, the business and academic elites gathering here are scouring the global landscape for any new economic success story. And a number of countries are stepping forward here at the World Economic Forum to peddle their tales â€" even if the smart money knows that betting on emerging markets continues to be a risky proposition.

Just a few years ago, Brazil and Argentina generated much of the buzz here in Davos, as their growth rates exceeded 7 percent. There was talk of a new economic engine that could help offset lagging growth in the United States and Europe.

Fast-forward to today, and Brazil and Argentina have stumbled. It is an economic renaissance in Mexico, Chile, Colombia, Panama and Peru that has become the focus in Latin America.

Half a world away, sub-Saharan Africa has also flashed onto the radar screen, with an average 5 percent growth rate that many hope will improve in te coming decade as investment deepens, perhaps finally fostering a new middle class.

Whether those trends are sustainable, though, remains an open question.

As far as the opinion-makers here are concerned, Africa is coming of age. At a dinner Thursday night feting ‘‘Africa’s Promise,’’ the economist Lawrence Summers of Harvard University waved an iPhone at the audience. ‘‘By the end of the decade, half the African people will have this,’’ he predicted. ‘‘Africa can leapfrog in terms of economic growth.’’

Joe Saddi, chairman of the global management consultancy Booz, is equally bullish. ‘‘The buzz in the business community is that the time of Africa is coming soon,’’ he said. ‘‘Everyone is interested in exploring it.’’

But others at the dinner, which gathered many African heads of state, acknowledged that the road could be rocky.

‘‘There is no doubt that Africa is on the move and making progress, but there will also be tro! uble spots,’’ President Paul Kagame of Rwanda said. ‘‘We can’t talk about Africa versus China, when Africa is still a place in which each country is on its own.’’

Kandeh Yumkella, director-general of the United Nations Industrial Development Organization in Vienna, said the region was turning heads because of its 5 percent growth rate. ‘‘But it’s almost entirely from a commodities boom,’’ he said. ‘‘There is no creation of high-value growth.’’

Africa still sorely needs infrastructure and an industrial base so that it can export more than just oil and minerals to markets around the world, African officials say. What is lacking is a cohesive industrial policy that investors can grasp. ‘‘I don’t see a strategic vision being forged for Africa,’’ Mr. Yumkella said.

Small loans that are typically aimed at financing cottage industries are simply not enough to lift sub-Saharan Africa into an emerging-market powerhouse, he added. ‘‘Microfinance is baically poverty management,’’ he said of that tactic. ‘‘We define poverty alleviation for Africans as basket-weaving. Lending someone $50 a month will not create large numbers of jobs for the future.’’

But with lingering corruption and poor governance, significant flows of private investment may be slow in coming. ‘‘As long as the priority of African heads of state is to have bank accounts in Europe, there will be hurdles,’’ President Alpha Condé of Guinea said. ‘‘The problem with Africa is the leaders of Africa.’’

Pointing to the deadly conflict in Mali, they fretted that all of Africa tends to be painted with the same brush.

‘‘People say there was a terrorist event in Mali, so don’t come to Africa,’’ Prime Minister Raila Amolo Odinga of Kenya said. ‘‘But when things deteriorate in Venezuela, people don’t say, ‘Don’t invest in Latin America.’ Africa is held to a different standard.’’

Latin America, though, is going throug! h some tu! rbulence of its own, as growth in its two largest economies trails off sharply after several boom years, as exports wane and as domestic demand slackens. In Brazil, global uncertainties and earlier fiscal tightening had an impact larger than expected, especially on private investment, the International Monetary Fund said in a recent report on Latin America.

Argentina, for its part, recently turned toward economic nationalism and retaliatory protectionism after growth slumped.

Widespread controls in Latin America on imports and foreign exchange are also adversely affecting investment and consumer confidence, the I.M.F. said.

Growth in Venezuela has been slowed by a number of factors. ‘‘The problems there are aggravated by an absent president, an impossible macroeconomic situation with ridiculous fiscal deficit, and rising inflation,’’ said Ricardo Hausmann, director of the Center for International Development at Harvard.

Latin American officials say the region is divided int several markets with divergent trends. ‘‘It’s absolutely clear that there are two speeds in Latin America,’’ Finance Minister Felipe Larraín Bascuñán of Chile said in an interview. ‘‘The question is what is sustainable.’’

His country has experienced an average growth rate of 5 percent for the past three years. As in Africa, much of that success has been based on exports of commodities, especially to China.

He cited Chile as an example of an economy that is modifying its contours for the future. Among other things, Mr. Larraín said, private investment has become the main driver of growth after the government amended tax laws to make it easier for small and medium-size businesses to operate.

Smaller Chilean companies that reinvest in themselves pay little or no corporate taxes. Meanwhile, a credit tax on loans was slashed to 0.4 percent from 1.2 percent. The middle class has been gaining ground in Chile. And unemployment, around 6 percent, is near its lowest! level in! a decade, while wages are rising.

‘‘It’s a virtuous circle’’ Mr. Larraín said. Still, he added, ‘‘we don’t want this to be a big fiesta’’ where growth is driven only through consumption. ‘‘We are working to make this sustainable.’’

Investors have also been prowling Mexico after President Enrique Peña Nieto pledged a series of energy and tax measures to lift growth and began a crackdown on violence.

Luis Videgaray Caso, Mexico’s finance minister, said the changes were bearing fruit. ‘‘We are attracting investments that 10 years ago went to China,’’ he said at a forum on Latin America. ‘‘The feeling now is that China is a complement, not a competitor.’’

Still, the risks of a slowdown remain, given how sharply growth has been curbed not only in the United States, but also in Europe and in major emerging economies, including the powerhouses of Latin America.

While South America’s more nimble economies have profited by opening thir markets and cutting regulations, ‘‘some countries are starting to ask if they should put in more protectionist measures,’’ José Luis Silva Martinot, Peru’s trade and tourism minister, said at the same forum. ‘‘In Peru we want to continue with a free market.’’

And despite the problems afflicting the region’s biggest economies, he added, ‘‘what happens in one country will not lead to contagion â€" unlike in Europe.’’



Week in Review: Rumble on Basic Cable

Hedge fund magnates take their feud to CNBC. | A sign to Wall Street in Obama’s picks for regulators. | Goldman overcomes its latest headache. | Jesse Eisinger of ProPublica on a suit that hints at behavior by bankers in a bubble. | Microsoft may back a Dell buyout. | Andrew Ross Sorkin says that prophecies made in Davos don’t always come true. | Its tax edge on thin ice, private equity is regrouping. | Looking skyward in Asia.

A look back on our reporting of the past week’s highs and lows in finance.

Microsoft May Back Dell Buyout | The software giant is in talks to help finance a takeover bid that would exceed $20 billion, Michael J. de la Merced and Nick Wingfield reported. Microsoft is expected to contribute up to several billion dollars. DealBook Â'

Allergan Is Buying MAP Pharmaceuticals | The maker of Botox has agreed to pay nearly $1 billion to gain full contrl of a new experimental treatment for migraine headaches, Andrew Pollack reported. DealBook Â'

China Looks to the Sky | As Beijing tries to find new ways to invest $3 trillion of foreign reserves, the country has been aggressively expanding in aerospace, Keith Bradsher reported. DealBook Â'

“Many of these transactions raise important security issues for our country,” said Michael R. Wessel, a member of the U.S.-China Economic and Security Review Commission, which was created by Congress to monitor the bilateral relationship. “China’s interest in promoting these investments isn’t necessarily consistent with our own interests, and it’s appropriate to thoroughly examine the transactions.”

Morgan Stanley Chief’s Pay Is C! ut for 2nd Consecutive Year | While the firm has made progress in building out its wealth management operation, its fixed-income department continues to struggle, Susanne Craig reported. DealBook Â'

Its Tax Edge on Thin Ice, Private Equity Is Regrouping | As Washington grapples with the country’s fiscal woes, Jane Sassen reports that the private equity industry is grudgingly facing a new reality: its long-held tax advantages are likely to disappear. DealBook Â'

Rumble on Basic Cable, as Ackman Takes on Icahn Live | Years of bad blood between the two hedge fund magnates spilled publicly onto CNBC’s airwaves, Mr. de la Merced reported. Mr. Icahn derided his younger counterpart as a “crybaby,” and Mr. Ackman declared the veeran investor a “bully.” DealBook Â'

Moving From Wall Street to the Tech Sector Proves Tricky | As more financiers jump to the technology sector, some find that big investors are skeptical that they have what it takes to nurture a young company, William Alden reported. DealBook Â'

Despite Calm, Draghi Raises Economic Concerns | The president of the European Central Bank expressed concern that calm on financial markets had not yet led to better lives for European citizens, Jack Ewing reported. DealBook Â'

Amid Criticism, Global Rule Maker Defends Regulatory Efforts | The head of a panel that writes the global financial ! rule book! answered criticism that the so-called Basel Committee has gone soft on banks, Mr. Ewing reported. DealBook Â'

In Davos, Merkel Presses European Leaders to Stay Focused on Economic Revival | Angela Merkel, the German chancellor, gave voice to widespread concern that a tentative European recovery could be undercut by political complacency, Mr. Ewing reported. DealBook Â'

Deal Professor: Required Reading for Davos From the Fed and JPMorgan | Steven M. Davidoff said that a JPMorgan Chase report on trading losses and transcripts of the 2007 Federal Reserve meetings were reminders that we are light years from understanding or preventing financial crises. DealBook Â'

Critical Stance on Europeans May Jeopardize Britain’s Influence | Can Britain play a more limited role in Brussels and still retain significant influence there, asked Stephen Castle. DealBook Â'

DealBook Column: Prophecies Made in Davos Don’t Always Come True | Andrew Ross Sorkin wrote that “if you’re looking to the Alps for the wisdom of crowds, the wisdom of this crowd of the global elite may not be the most accurate.” DealBook Â'

Despite Signs of Progress in the Euro Zone, Fears of Complacency Linger | The biggest concern is that leaders might become less vigilant now that the heat is off, Liz Alderman and Mr. Ewing reported. DealBook Â'

In Davos, a Chance to Rub Shoulders With the Elite of Business and Politics | After the minimum $20,000 entry fee has been paid, some personalities will command more attention than others, Ms. Alderman reported. DealBook Â'

In Davos, Atmosphere for Bankers Improves | Among the government overseers who will also be in attendance, there appears to be a growing sentiment that the banks have taken enough abuse, Mr. Ewing reported. DealBook Â'

Sign to Wall St. in Obama’s Picks for Regulators | The White House took the unusual step of choosing two former prosecutors as top financial regulators. But translating that resolve into action will not be easy, Ben Protess an Benjamin Weiser reported. DealBook Â'

Goldman Overcomes Its Latest Headache | A case brought by the founders of Dragon Systems was among a spate of legal problems and public relations headaches for Goldman in recent years, Peter Lattman reported. DealBook Â'

The Trade: Suit Hints at Behavior by Bankers in Bubble | Jesse Eisinger of ProPublica wrote that documents released as part of a suit against Morgan Stanley shed new light on what bankers knew at the height of the housing bubble and what they did with that secret knowledge. DealBook Â'

In China, Veneer of Consensus Is Breaking Down | Internal divisions in the Communist Party an! d in Chin! ese society at large could have hard-to-predict consequences for the country’s economic expansion, and for the world’s, Keith Bradsher reported. DealBook Â'

S.E.C. Disciplines a Credit Ratings Firm | Egan-Jones, the upstart credit ratings firm run by Sean Egan, was barred for 18 months from issuing certain government-recognized ratings after the firm made misstatements on an application with the government, William Alden reported. DealBook Â'

China Looks to the Sky | As Beijing’s leaders try to find new ways to invest $3 trillion of foreign reserves, aerospace deals prove attractive even as they give China’s neighbors a reason to wonder about security threats, Mr. Bradsher reported. DealBook Â'

Michael Jackson has a timely message for William A. Ackman and Carl C. Icahn. Go to YouTube



Week in Review: Rumble on Basic Cable

Hedge fund magnates take their feud to CNBC. | A sign to Wall Street in Obama’s picks for regulators. | Goldman overcomes its latest headache. | Jesse Eisinger of ProPublica on a suit that hints at behavior by bankers in a bubble. | Microsoft may back a Dell buyout. | Andrew Ross Sorkin says that prophecies made in Davos don’t always come true. | Its tax edge on thin ice, private equity is regrouping. | Looking skyward in Asia.

A look back on our reporting of the past week’s highs and lows in finance.

Microsoft May Back Dell Buyout | The software giant is in talks to help finance a takeover bid that would exceed $20 billion, Michael J. de la Merced and Nick Wingfield reported. Microsoft is expected to contribute up to several billion dollars. DealBook Â'

Allergan Is Buying MAP Pharmaceuticals | The maker of Botox has agreed to pay nearly $1 billion to gain full contrl of a new experimental treatment for migraine headaches, Andrew Pollack reported. DealBook Â'

China Looks to the Sky | As Beijing tries to find new ways to invest $3 trillion of foreign reserves, the country has been aggressively expanding in aerospace, Keith Bradsher reported. DealBook Â'

“Many of these transactions raise important security issues for our country,” said Michael R. Wessel, a member of the U.S.-China Economic and Security Review Commission, which was created by Congress to monitor the bilateral relationship. “China’s interest in promoting these investments isn’t necessarily consistent with our own interests, and it’s appropriate to thoroughly examine the transactions.”

Morgan Stanley Chief’s Pay Is C! ut for 2nd Consecutive Year | While the firm has made progress in building out its wealth management operation, its fixed-income department continues to struggle, Susanne Craig reported. DealBook Â'

Its Tax Edge on Thin Ice, Private Equity Is Regrouping | As Washington grapples with the country’s fiscal woes, Jane Sassen reports that the private equity industry is grudgingly facing a new reality: its long-held tax advantages are likely to disappear. DealBook Â'

Rumble on Basic Cable, as Ackman Takes on Icahn Live | Years of bad blood between the two hedge fund magnates spilled publicly onto CNBC’s airwaves, Mr. de la Merced reported. Mr. Icahn derided his younger counterpart as a “crybaby,” and Mr. Ackman declared the veeran investor a “bully.” DealBook Â'

Moving From Wall Street to the Tech Sector Proves Tricky | As more financiers jump to the technology sector, some find that big investors are skeptical that they have what it takes to nurture a young company, William Alden reported. DealBook Â'

Despite Calm, Draghi Raises Economic Concerns | The president of the European Central Bank expressed concern that calm on financial markets had not yet led to better lives for European citizens, Jack Ewing reported. DealBook Â'

Amid Criticism, Global Rule Maker Defends Regulatory Efforts | The head of a panel that writes the global financial ! rule book! answered criticism that the so-called Basel Committee has gone soft on banks, Mr. Ewing reported. DealBook Â'

In Davos, Merkel Presses European Leaders to Stay Focused on Economic Revival | Angela Merkel, the German chancellor, gave voice to widespread concern that a tentative European recovery could be undercut by political complacency, Mr. Ewing reported. DealBook Â'

Deal Professor: Required Reading for Davos From the Fed and JPMorgan | Steven M. Davidoff said that a JPMorgan Chase report on trading losses and transcripts of the 2007 Federal Reserve meetings were reminders that we are light years from understanding or preventing financial crises. DealBook Â'

Critical Stance on Europeans May Jeopardize Britain’s Influence | Can Britain play a more limited role in Brussels and still retain significant influence there, asked Stephen Castle. DealBook Â'

DealBook Column: Prophecies Made in Davos Don’t Always Come True | Andrew Ross Sorkin wrote that “if you’re looking to the Alps for the wisdom of crowds, the wisdom of this crowd of the global elite may not be the most accurate.” DealBook Â'

Despite Signs of Progress in the Euro Zone, Fears of Complacency Linger | The biggest concern is that leaders might become less vigilant now that the heat is off, Liz Alderman and Mr. Ewing reported. DealBook Â'

In Davos, a Chance to Rub Shoulders With the Elite of Business and Politics | After the minimum $20,000 entry fee has been paid, some personalities will command more attention than others, Ms. Alderman reported. DealBook Â'

In Davos, Atmosphere for Bankers Improves | Among the government overseers who will also be in attendance, there appears to be a growing sentiment that the banks have taken enough abuse, Mr. Ewing reported. DealBook Â'

Sign to Wall St. in Obama’s Picks for Regulators | The White House took the unusual step of choosing two former prosecutors as top financial regulators. But translating that resolve into action will not be easy, Ben Protess an Benjamin Weiser reported. DealBook Â'

Goldman Overcomes Its Latest Headache | A case brought by the founders of Dragon Systems was among a spate of legal problems and public relations headaches for Goldman in recent years, Peter Lattman reported. DealBook Â'

The Trade: Suit Hints at Behavior by Bankers in Bubble | Jesse Eisinger of ProPublica wrote that documents released as part of a suit against Morgan Stanley shed new light on what bankers knew at the height of the housing bubble and what they did with that secret knowledge. DealBook Â'

In China, Veneer of Consensus Is Breaking Down | Internal divisions in the Communist Party an! d in Chin! ese society at large could have hard-to-predict consequences for the country’s economic expansion, and for the world’s, Keith Bradsher reported. DealBook Â'

S.E.C. Disciplines a Credit Ratings Firm | Egan-Jones, the upstart credit ratings firm run by Sean Egan, was barred for 18 months from issuing certain government-recognized ratings after the firm made misstatements on an application with the government, William Alden reported. DealBook Â'

China Looks to the Sky | As Beijing’s leaders try to find new ways to invest $3 trillion of foreign reserves, aerospace deals prove attractive even as they give China’s neighbors a reason to wonder about security threats, Mr. Bradsher reported. DealBook Â'

Michael Jackson has a timely message for William A. Ackman and Carl C. Icahn. Go to YouTube



Rumble on Basic Cable, as Ackman Takes on Icahn Live

For about 15 minutes on Friday afternoon, all of Wall Street was tuned into the battle that everyone wanted to see: William A. Ackman taking on Carl C. Icahn, live on air. And the battle proved even stranger than anyone would have expected: Profanities were dropped; old battles were re-fought; taunts were slung. Years of [...]

How Bright Horizons Took Care of Bain Capital Over the Years

For nearly three decades, the day care center chain Bright Horizons Family Solutions has taken care of children. It has also taken very good care of Bain Capital.

Bright Horizons shares surged on Friday after the company sold shares in a successful initial public offering. But in the case of Bright Horizons, the term “initial public offering” is something of a misnomer. This was the second time that Bright Horizons had sold shares in an I.P.O. And in both transactions, Bain has been a primary beneficiary.

Herewith is a brief financial history of Bright Horizons, starring Bain, the Boston-based private equityfirm co-founded by the 2012 Republican presidential candidate Mitt Romney:

In the mid-1980s, Roger H. Brown, an former executive at the consulting firm Bain & Company, and his wife, Linda Mason, came up with the idea to start a chain of day care centers servicing large companies. They went around, hat in hand, to raise money for the venture and approached Mr. Romney, who had just helped start Bain Capital, an investment firm spun off from the Bain consultancy.

Bain’s financing helped the company grow rapidly. From its founding in 1986 through 1997, the company grew to operate about 130 centers, providing care and education to more than 11,000 children, according to company filings.

Bain profited in 1997 when it sold its shares in an I.P.O., listing its stock on the Nasdaq. Two years later, Bright H! orizons merged with another newly public day care company, CorporateFamily Solutions, creating the country’s largest child care business. Today, the company operates 776 child care and early education centers, and companies including Citicorp, Merck and Boeing employ their services.

Bright Horizons, based in Watertown, Mass., remained a publicly traded business for about dozen years. But Bain continued to keep a close eye on the company. Josh Bekenstein, a Bain partner, has sat on the company’s board since its inception.

Then, in 2008, more than 20 years after Bain first invested in Bright Horizons, the firm took the company private in a $1.3 billion leveraged buyout. Bain contributed about $590 million of its funds’ money to pay for the acquisition, borrowing the rest from banks. Over the past four years, Bright Horizons has struggled throug difficult economic conditions, but Bain continued to expand the business, positioning it for its second I.P.O. Mr. Romney even used the company’s success during the presidential campaign to counter the image of private equity as job-destroying corporate vultures.

On Friday, with shares trading at about $28, Bain’s stake in Bright Horizons is worth about $1.4 billion, more than two times its original investment.

For now, those are gains are just on paper; Bain did not sell any stock in the I.P.O. but instead issued new shares. Bain still controls about 85 percent of the company, and will surely look to cash out its stake over time. If nothing else, Bain’s profits on the deal were anything but child’s play.



Rumble on Basic Cable, as Ackman Takes on Icahn Live

For about 15 minutes on Friday afternoon, all of Wall Street was tuned into the battle that everyone wanted to see: William A. Ackman taking on Carl C. Icahn, live on air.

And the battle proved even stranger than anyone would have expected: Profanities were dropped; old battles were refought; taunts were slung.

Years of bad blood between the two hedge fund magnates spilled publicly onto CNBC’s airwaves, with Mr. Icahn deriding his younger counterpart as a “crybaby,” and Mr. Ackman declaring the veteran investor a “bully.” It was a smackdown that regularly prompted whoops from traders on the New York Stock Exchang floor, especially on the occasions that Mr. Icahn flung an occasional reference to bovine excrement.

Nominally, the two were set to talk about Herbalife, the health supplements company in which Mr. Ackman has publicly bet against. Speculation has ripped across Wall Street that Mr. Icahn has taken a contrary bullish bet on the company.

Of course, that’s not all that they argued about.

Instead, the two men squabbled over a nearly decade-old court case involving a real estate company, where Mr. Ackman sold his investment to Mr. Icahn. (You can read all about the lengthy battle here.) Mr. Ackman to this day alleges that Mr. Icahn reneged on a deal to share profits from a stock sale; the elder investor se! es things differently.

How did that shape the battle between the two rich men It became perhaps the financial world’s most-watched schoolyard match, in which Mr. Icahn shouted repeatedly and Mr. Ackman passionately argued his position at length.

Mr. Icahn dubbed Mr. Ackman “the crybaby in the schoolyard” and called his opponent “the quintessential example of on Wall Street, if you want a friend get a dog.” Clearly the more inflamed combatant, Mr. Icahn declared to his foe, “I wouldn’t want to invest with you if you were the last man on Earth.” He even picked a fight with CNBC host Scott Wapner, declaring him the bully. “I don’t give a damn what you want to know, I came on to talk about what I want to talk about,” the investor thundered, refusing to declare his position on Herbalife. [That said, Mr. Icahn mused that Herbalife could be "the mother of all short squeezes."]

For his part, Mr. Ackman repeatedly argued that Mr. Icahn was a bully who had taken advantage of a oung investor stumbling in the early part of his career. The younger hedge fund manager repeatedly defended his bet against Herbalife, positing himself as the target of a major campaign by the health products marketer.

“He’s not an honest guy, he doesn’t live up to his word, and he takes advantage of little people,” Mr. Ackman flatly declared of Mr. Icahn.

Later in the exchange, Mr. Icahn sneered to his opponent, “I appreciate you called me a great investor.” Then he added, “I can’t say the same about you.”



A Technical Debate With Broader Implications for Deal-Making

The emerging issue of “don’t ask/don’t waive” standstills is a debate that, let’s face it, only a Delaware deals lawyer could love. But it has the potential to change the way that public companies are sold.

In other words, it’s a technical argument that really matters.

A don’t ask/don’t waive standstill is increasingly requested of buyers when companies auction themselves. As a condition to allowing the potential buyer to take part in the auction, the target will require that the buyer agree to a standstill. The standstill will state that the bidder will not make a bid to acquire or acquire shares of the company outside the auction process for a period of time, typically six to 18 months.

The result is that the potential buyer can bid only in the auction process. If the bidder loses the auction, the standstill prevents the bidder from coming back and making another attempt. The standstill not only prevents the bidder from announcing or making a public bid but even asking he target’s board of directors to consider a bid.

To make doubly sure that a higher bid doesn’t come from a bidder that loses an auction and tries for a second bite at the apple, a standstill agreement is also drawn up to prevent the bidder from even asking for the standstill provision to be waived. Hence the term don’t ask/don’t waive standstills.

All of this was accepted practice until a December hearing before Vice Chancellor J. Travis Laster of the Delaware Chancery Court over the sale of Complete Genomics to BGI-Shenzhen. In that hearing, the judge questioned the validity of don’t ask/don’t waive standstills.

In a series of cases in the Delaware courts, judges have held that a board cannot render itself “willfully blind” to a competing bid through a provision in a! n acquisition agreement that prohibits it from talking to another bidder. Vice Chancellor Laster analogized these cases to the don’t ask/don’t waive paradigm. He reasoned that if a board can’t prevent itself from speaking to a bidder about a competing bid, why should the directors be able to prevent themselves from even receiving the bid

The vice chancellor thus blocked the enforcement of a don’t ask/don’t waive standstill that Genomics had entered into with an anonymous bidder. The decision appeared to be in contrast to a Canadian case a couple of years ago that had validated these types of agreements if reached by the board in good faith.

Practitioners were not happy with Vice Chancellor Laster’s ruling. In a memorandum, the law firm Wachtell, Lipton Rosen & Katz stated, “Although its intention is to enhance value maximizaton in sale situations, this decision could thus prove value-destructive.”

The basis for Wachtell’s complaint can be found in simple auction theory.

Let’s say you held a silent auction for a painting. Once the bids were unsealed and the highest price revealed, that would normally end the matter. But after the auction closes and a winning bidder is announced, the rest of the bidders can then step in and bid again. The auction continues ad infinitum until the highest price is reached - opening and closing again and again until only one bidder is willing to bid.

This outcome may be good for the seller, but in such circumstances, a potential buyer may not want to bid because it never had assurances of paying less than maximum value. The buyer will not want to take the time to bid knowing that its winning bid can always be trumped. The result is that you have fewer bidders and therefore lower prices because of less competition.

This is what Wachtell’s lawyers were referrin! g to when! they contended that eliminating don’t ask/don’t waive standstills would destroy value. If these provisions weren’t permitted then bidders could bid in an auction and then again after it is done. This might deter bidders from participating in auctions for companies resulting in fewer bidders and lower prices for public companies.

This is the theory, but whether it works in actuality is uncertain.

In any event, a few weeks later, Chancellor Leo E. Strine Jr. of the Delaware Chancery Court again addressed these standstills in a case involving the buyout of Ancestry.com.

Ancestry had sold itself via an auction, and in the process it obtained a don’t ask/don’t waive standstill from about a dozen bidders. When the plaintiffs’ lawyers challenged these provisions in a lawsuit, Ancestry wrote to all of the bidders and and waived this prohibition, likely because of Vice Chancellor Laster’s ruling in Complete Genomcs.

Since the question was now moot, Chancellor Strine did not address the validity of the standstill. However, the judge went out his way to state that these provisions were not “per se” invalid. Instead, he interpreted prior cases including Genomics to say something to the effect of “Woah, this is a pretty potent provision” and boards need to be careful about using them.

Chancellor Strine continued that these provisions might be permitted under Delaware law when they have a “value-maximizing purpose.” He added that they should not be used carelessly and should be used in an auction to put a definitive end “for those who participate.”

So that is where we are today. These provisions do not appear per se illegal, but when they can be used is still open to question.

Given that there is some question about their use, what is likely to happen now is that plaintiffs’ lawyers will simply challenge these standstills in all cases, happy to have another issue to lit! igate. Th! e question really then is whether these provisions are still used in the meantime or counsel frowns on even giving the plaintiffs’ lawyers another claim to litigate. And of course, there is still the question of whether these provisions create or destroy value.

In other words, the don’t ask/don’t waive debate is going to continue giving yet more joy to Delaware deal lawyers.



Amid Criticism, Global Rule Maker Defends Regulatory Efforts

DAVOS, Switzerland â€" The head of a panel that writes the global financial rulebook answered criticism that the so-called Basel Committee has gone soft on banks, arguing that lenders need more time to adjust to new regulations because the financial crisis has lasted longer than anyone expected.

Stefan Ingves, the chairman of the Basel Committee on Banking Supervision, was responding to some economists and other critics who interpreted a recent decision by the committee as a signal that regulators were losing their resolve to contain risk-taking by banks.

Earlier this month, the committee decided to give banks got more time to comply with a requirement that they maintain a 30-day supply of cash other assets that are easy to sell. The rule is supposed to make baks better able to survive a financial crisis like the one that occurred after Lehman Brothers collapsed in 2008.

When regulators drafted the rule in 2010, they did not expect the crisis to last so long and for banks to still be in such a weakened state, said Mr. Ingves, who is also governor of the Riksbank, the Swedish central bank. The important thing is that there is a rule at all, he said.

“The Basel Committee has been discussing liquidity in different forms for 30 years,” Mr. Ingves said in an interview on Friday here at the World Economic Forum. “To get to a point where a global liquidity standard has b! een established is an achievement in itself.”

Banks will have until 2019 to fully comply with the requirement, instead of 2015 as originally planned. The rule will still achieve its purpose of making banks safer, Mr. Ingves said.

“If there’s stress in the system, a bank shouldn’t run out of money,” Mr. Ingves said. “It should take longer than the last time before you need to go to the central bank. It’s buying insurance within the private sector itself.”

The loosening of the rule this month raised concerns that members of the Basel Committee, whose decisions serve as a benchmark for national regulators around the world, would also become more lenient on other issues as they conduct a comprehensive overhaul of banking rules.

The Basel Committee also expanded the definition of liquid assets to include even securities backed by home mortgages, one of the financial instruments that helped case the crisis. Mr. Ingves pointed out that the rules contain safeguards to ensure hat banks only use high-quality mortgage-backed securities.

Following the initial outcry about changes in the rules, some other leading economists have welcomed the decision, saying it simply acknowledges the need to balance stricter oversight with the need to make sure credit keeps flowing.

There was a danger that banks in western Europe would curtail lending in eastern Europe even more severely than they already have, said Erik Berglof, chief economist of the European Bank for Reconstruction and Development. The development bank, partly owned by the United States as well as European countries, supplies credit to the former Soviet Bloc countries as well as newly democratic countries in the Middle East.

The decision by the Basel Committee this month “was a good thing,” Mr. Berglof said in an interview. “It was particularly good for emerging markets.” In eastern Europe and many developing regions, most banks are foreign owned and dependent on their parent banks for financing.!

Th! e Basel Committee’s decisions are not binding and must be put into force by individual countries. The United States has agreed to the rules, but has come under criticism for being too slow to implement them and not sticking to the agreed blueprint. American officials point out that big banks in the country are healthier and already comply with the Basel rules that have yet to take effect.

Mr. Ingves was diplomatic when asked about the United States implementation, pointing out that the European Union is also taking longer to agree on how to apply the rules.

“They are a bit behind schedule but work is being done,” he said. “Both have said they will get this done. I have no doubt they will.”

At the World Economic Forum, the central issue is probably whether the euro zone crisis has reached a turnng point. Mr. Ingves, a former official at the International Monetary Fund with decades of experiences in banking crises, was fairly optimistic.

“You never know, but it looks like it,” he said.



On Wall Street, Putting Shareholders Second

Wall Street has found a new way to put shareholders second. While many banks are finally bowing to pressure to restrain compensation, Goldman Sachs and JPMorgan Chase are now trying to stifle investors from voting on legitimate matters at their upcoming annual meetings.

Goldman has asked the Securities and Exchange Commission for permission to omit a proposal that would require it to appoint an independent chairman. JPMorgan, meanwhile, wants the regulatorto let it remove from its proxy an initiative to have the board of directors explore “extraordinary transactions that could enhance stockholder value” - in other words, a breakup.

Both suggestions are rational topics for debate. Calling for a bank to split the roles of chairman and chief executive is hardly a new concept. Last year, Goldman and Lloyd Blankfein, who holds both titles, negotiated their way out of putting the issue to shareholders by striking an agreement with aggrieved investors to revise slightly board oversight of executives.

Meanwhile, shareholders seeking ways to improve returns aren’t revolutionary either. Headline-making activists like William Ackman and Daniel Loeb do it all the time. Sure, JPMorgan performs better than many of its rivals, delivering an 11 percent return on equit! y last year despite a $6.2 billion trading loss. Even so, the bank’s shares still trade just below book value, a figure that essentially represents what the disparate parts should fetch if sold off.

Yet both Goldman and JPMorgan are claiming the ballot initiatives are, among other things, too “vague.” That can happen with flighty individual investors, but isn’t typically the case from established investors like union adviser CtW and the A.F.L.-C.I.O., which put forward the two questions this year.

What’s odd is that both banks have made their cases before. JPMorgan’s chief, Jamie Dimon, regularly addresses why he thinks carving up big institutions isn’t the answer, including in his annual missives to shareholders. Goldman, like others, reviews its leadership structure each year.

If the crisis made anything clear, it’s that banks should be forced to defend their business models and corporate governance - regularly. Fighting to suppress such questions only makes it sound like these supposedly master sellers are afraid they can’t close.

Antony Currie is an associate editor at Reuters Breakingviews. For more independent commentary and analysis, visit breakingviews.com.



At Davos: Goldman\'s Chief Sports a New Look

Chief executives often treat the World Economic Forum in Davos as a chance to air fresh ideas about business and economics.

But for Lloyd C. Blankfein of Goldman Sachs, it was an opportunity to unveil a new look: a beard.

“I always had a beard on vacation, and I’d think to myself, ‘Gosh, wouldn’t it just prolong the vacation if I kept the beard’” Mr. Blankfein explained on CNBC Friday morning.

The beard’s debut on Friday was not entirely unexpected. On Wednesday, Lionel Barber of The Financial Times took to Twitter to report the emergence of facial hair.

A blurry photograph of Mr. Blankfein at Davos surfaced on Thursday, posted online by Arianna Huffington.

On Friday morning, Christine Harper, a reporter for Bloomberg News, offered more detail:

Making Sense of Wall Street\'s Trading Revenue

Traders at the top Wall Street firms racked up nearly $80 billion of revenue last year. But understanding how they produced all that money is far from simple.

The financial crisis revealed the dangers of banks having murky balance sheets. And some investors think banks’ disclosures are still inadequate. “The major financial institutions in the U.S. and around the globe are utterly opaque,” Paul Singer, the founder of a large hedge fund called Elliott Management, said last year.

At a conference this week, Mr. Singer clashed with Jamie Dimon, chief executive of JPMorgan Chase, over the subject of bank transparency. In the exchange, Mr. Dimon said hedge funds werehardly transparent and added that JPMorgan’s annual report was 400 pages long.

Trading results are good place to start when assessing whether banks release sufficient information.

At large banks, sales and trading is a major source of revenue, often dwarfing the fees that they earn from arranging deals or managing other people’s money. For instance, Goldman Sachs had sales and trading revenue of $18 billion last year, compared with $5 billion from activities like advising on mergers and handling initial public offerings.

Shareholders benefit from good disclosures because they can better assess what value to place on a bank’s business. Trading revenue is not only large - it can also be extremely volatile, bolstering profits one quarter, then hurting them the next. With the right data, investors can do a better job of iden! tifying what drives revenue up and down.

Another dynamic effects trading these days: regulation. Revenue from trading could decline as new rules stamp out certain types of bets. Tougher capital rules could also make the trading that is allowed more costly for the banks.

When it comes to sales and trading, Wall Street firms have differing levels of disclosure.

Bank of America’s investment bank, which contains some Merrill Lynch operations, arguably has the clearest breakdown of what goes into its trading revenue.

Like all big Wall Street firms, Bank of America says that the vast majority of its trading relates to servicing clients who wantto trade in and out of stocks, bonds and derivatives. To facilitate the activity, banks keep such financial assets on their balance sheets to meet customer orders.

Each quarter, Bank of America provides the main contributors to trading revenue in a reasonably easy-to-read format.

The most recent disclosure shows Bank of America’s traders booked revenue of $11.8 billion in 2012. Of that, $3.3 billion came from net interest income, which is the interest and other income earned on the securities that Bank of America holds for market-making, minus the bank’s cost of financing those positions. The revenue also included $1.8 billion from commissions and fees.

The largest contributor in this area is called “trading,” which was responsible for $5.7 billion of revenue last year. For the sake of clarity and consistency, it makes sense to relabel this type of revenue “market-making.” That’s because it mainly represents the gain Bank of America makes when it buys securities and se! lls them ! on to clients at a higher price.

It also includes any gains or losses that occur when the bank marks up or reduces the value of the trading assets that it holds on its balance sheet. For instance, when mortgage-backed bonds rallied in the second half of 2012, banks holding such bonds would have booked nice profits as the market price of those bonds went up.

As clear as Bank of America’s disclosures are, it would be helpful to get more details, like which type of securities or derivatives provided the bulk of market-making revenue in any given quarter.

Morgan Stanley and Goldman Sachs appear to come second in the disclosure stakes.

With some minor number crunching, it’s possible to roughly create a Bank of America-style presentation for both firms that show the three main components of sales and trading revenue. And something stands ut about Morgan Stanley.

The interest income component of sales and trading is negative at Morgan Stanley. It was minus $1.79 billion last year. That suggests it costs the bank more to finance its trading business than the interest it earns on the securities and derivatives it holds for trading. Goldman Sachs, however, showed positive net interest income last year.

One interpretation is that Morgan Stanley, which has a lower credit rating, has to pay more to finance its positions, putting it at an economic and competitive disadvantage. But the negative number may also be because Morgan Stanley holds fewer higher-yielding assets, and therefore earns less interest than others.

At JPMorgan and Citigroup, disclosures are too generalized to clearly see what the three main contributors are to sales and trading revenue. This makes it far harder! for outs! iders to judge whether market-making is driving revenue gains, or commissions, or higher interest income.

Expect the opacity debate to continue.



Compuware Rejects Elliott\'s $2.3 Billion Bid

Compuware said on Friday that its board had rejected a $2.3 billion takeover bid by Elliott Management, arguing that the hedge fund’s offer was too low.

Instead, the business software maker said that it was focused on its own corporate turnaround blueprint, including a three-year plan to cut costs and an effort to spin off its Covisint business communication products arm. It also unveiled plans to pay a 50-cent quarterly dividend, beginning next quarter.

Compuware said that Elliott’s offer of $11 a share, made last month, would not deliver enough value to shareholders, compared to the improvements that its self-help plan would yield.

“We believe that selling the company at $11.00 per share does not take into account our progress returning the business to profitable growth and our future prospects,” Bob Paul, the company’s chief executive, said in a statement.

The decision by Compuware sets up a potential clash with Elliott, which has managed to score some big wins in its attles with technology companies. It bid for Novell, leading the software maker to sell itself to Attachmate for $2.2 billion.

People close to Elliott have argued that the hedge fund was fully prepared to pay the $2.3 billion it has offered for Compuware. But the hedge fund also believed that private equity firms would also express interest.

Though shares in Compuware began rising after Elliott disclosed an 8 percent stake in the company in November, they have remained largely below the $11-a-share offer, implying investor skepticism about a deal being done. The stock closed on Thursday at $10.76.



Ackman Vs. Icahn, the Rematch

ACKMAN VS. ICAHN, THE REMATCH  |  A high-profile feud on Wall Street went another round on Thursday, when the hedge fund manager William A. Ackman responded to comments by Carl C. Icahn. In a scathing news release, Mr. Ackman questioned his opponent’s integrity after Mr. Icahn publicly criticized Mr. Ackman’s method in betting against Herbalife, a nutritional supplements company.

“Carl Icahn is a great investor, but, in my experience, he does not keep his word,” Mr. Ackman said in the statement.

The spat began when Mr. Icahn, who was reported to have bought a stake in Herbalife, took aim at Mr. Ackman in an interview with Bloomberg TV. “It’s no secret I don’t like Ackman. I don’t respect him, and I don’t like him,” Mr. Icahn said. “But that doesn’t mean I’m going to go in and buy stock in a company necessarily just to get him.” Saying Mr. Ackman had a “holier than thou” attitude, Mr. Icahn criticized how his opponent assembled a “roomful of people to badmouth the company,” referring to Herbalife.

Mr. Ackman, who runs Pershing Square Capital Management, began his own attack. In the release, he rehashed his version of what transpired in a previous battle between the two investors that was resolved in 2011: “After Carl paid my investors, he called me up, congratulated me on winning, and said that he wanted to be my friend. I told him that I had no interest in being his fr! iend.“

PAY CUT FOR MORGAN STANLEY C.E.O.  |  James P. Gorman, the chief executive of Morgan Stanley, is expected to take another pay cut, after his firm posted a mixed financial performance for the year, DealBook’s Susanne Craig reports. “Mr. Gorman’s compensation for last year is estimated to be slightly less than the $10.5 million he took home in 2011, according to a person briefed on the matter. His 2011 pay was down 25 percent from the previous year.”

“The total value of Mr. Gorman’s compensation package for 2012 is not yet known, but according to a regulatory filing on Thursday, the bank’s board awarded him stock options valued at $2.6 million, on top of his base salary of $800,000. He is expected to earn another $2.6 million in deferred cash, according to this person, who spokeon condition of anonymity because some of the compensation details are not yet public.”

A SIGNAL TO WALL STREET IN OBAMA’S PICK FOR S.E.C.  |  By tapping Mary Jo White, a former prosecutor, to lead the Securities and Exchange Commission, President Obama “showed a renewed resolve to hold Wall Street accountable for wrongdoing,” Ben Protess and Benjamin Weiser write in DealBook. Ms. White went after financial wrongdoing as the United States attorney in Manhattan, securing a $340 million fine against Daiwa Bank and winning the conviction of Patrick R. Bennett in a nearly $700 million fraud. The appointment of Ms. White, who also became well known for prosecuting terrorists, “may be analogous to bringing a bazook! a to a kn! ife fight,” as Peter J. Henning put it in the White Collar Watch column.

But consumer advocates may be concerned about the other part of Ms. White’s career, when she represented Kenneth D. Lewis, a former chief of Bank of America, and other big Wall Street names. At the same time, translating the president’s message into action “will not be easy, given the complexities of the market and Wall Street’s aggressive nature,” Mr. Protess and Mr. Weiser write.

Mr. Obama on Thursday also renominated Richard Cordray as the director of the Consumer Financial Protection Bureau, a position he has held for the last year under a temporary recess appointment. A former attorney general of Ohio, Mr. Cordray has a record of going after big banks, earning the nickname “the Midwestern sheriff of Wall Street.”

ON THE AGENDA  | /span> Today is expected to be Timothy F. Geithner’s last as Treasury secretary. Honeywell and Procter & Gamble are among the companies reporting earnings this morning. Lloyd C. Blankfein, Goldman Sachs’s chief executive, is on CNBC at 8 a.m. Sean Parker, a founder of Napster and former president of Facebook, is on CNBC at 8:15 a.m. A panel including Brian T. Moynihan of Bank of America, Anshu Jain of Deutsche Bank and Ray Dalio of Bridgewater Associates will be broadcast on Bloomberg TV at 8:45 a.m. Bill Gates is on CNBC at 4:30 p.m.

IN SHORT: GRAY BEARD AT GOLDMAN  |  Christine Harper of Bloomberg News provides an update from Davos on Mr. Blankfein: “Goldman Sachs’s Blankfein has a beard, which he tells me is the ‘wrong color’ (gray).”

CHALLENGES OF LEAVING WALL STREET FOR TECH  |  As more financiers jump to the technology sector, some are finding that their background, typically considered an asset in the corporate world, can be a liability. Some do not know how to write computer code. Others are ill-prepared for the penny-pinching and frustration of start-up life. In short, they have trouble persuading the Silicon Valley establishment that they have what it takes to nurture a young company. “We start a little skeptical of someone from a finance background,” said Eric Paley of Founder Collective. “It’s the lack of having to create something for a customer, find the market opportunity and persevere through it with very, very low economics.”

Mergers & Acquisitions Â'

Push for Gender Balance on Boards Gains Momentum  |  The New York Times reports: “The proportion of women taking positions on corporate boards in the European Union is rising at the fastest pace in a decade as a push for laws on gender balance gains momentum, the bloc’s top justice official said Thursday.”
NEW YORK TIMES

Cisco Agrees to Sell Linksys to Belkin  |  Cisco Systems “agreed to sell its home-networking business, including the well-known Linksys brand, to Belkin International Inc., as it continues to retrench around its core business of selling technology to businesses,” T! he Wall S! treet Journal writes. Terms of the deal were not disclosed.
WALL STREET JOURNAL

Lenovo Has Its Eye on Research in Motion  |  “We are looking at all opportunities â€" RIM and many others,” Wong Wai Ming, the chief financial officer of the Lenovo Group, said in reference to the maker of the BlackBerry.
BLOOMBERG NEWS

Freeport-McMoRan’s Deal Spurs Lawsuits Against Directors  |  Lawsuits connected to Freeport-McMoRan Copper & Gold’s $9 billion deal to buy two energy companies accuse directors “of paying too litle for McMoRan Exploration Co and Plains Exploration & Production Co, as well as paying too much,” Reuters writes.
REUTERS

Novartis Chief Says Selling Stake in Roche Would Be Unattractive  |  Reuters reports: “Novartis Chief Executive Joe Jimenez played down talk that it was looking to sell its one-third voting stake in crosstown rival Roche, and certainly not at its current market price.”
REUTERS

INVESTMENT B! ANKING Â'!

Goldman’s Cohn Warns of a Bubble in Credit  |  Gary Cohn, Goldman Sachs’s president, “warned of a potential drop in fixed-income prices as bankers and policy makers in Davos celebrated surging demand for financial assets,” Bloomberg News reports.
BLOOMBERG NEWS

Goldman Overcomes Its Latest HeadacheGoldman Overcomes Its Latest Headache  |  A case brought by the founders of Dragon Systems was among a spate of legal problems and public relations difficulties for Goldman in recent years.
DealBook Â'

Deutsche Bank Claws Back a Trader’s Pay  |  Christian Bittar, who was one of the best-paid traders at Deutsche Bank, “lost about 40 million euros ($53 million) in bonuses after he was fired for trying to rig interest rates, three people with knowledge of the move said,” Bloomberg News reports.
BLOOMBERG NEWS

Greenhill Results a Positive Omen for M.&A. Boutiques  |  Greenhill reported a 4 percent drop in advisory revenue last year, a week after larger rivals JPMorgan and Morgan Stanley posted much larger declines. It’s a good sign for smaller shops if they can handle a weak! er market! as well as a strong one, Antony Currie of Reuters Breakingviews writes.
DealBook Â'

In Davos, Meetings Behind Closed Doors  |  Between panel discussions at the World Economic Forum in Davos on Thursday, some financial chieftans were spotted gathering for a private discussion.
DealBook Â'

PRIVATE EQUITY Â'

For Dell, a Silver Lake Bid May Stand Alone  |  Reuters reports: “A potential bid by private equity firm Silver Lake and its prtners to take Dell Inc private is unlikely to be topped by other investors, people familiar with the matter said.”
REUTERS

JPMorgan, as Adviser, Opts Not to Provide Financing in Dell Deal  |  JPMorgan Chase, which is advising Dell directors in a possible buyout of the company, is not among the banks arranging financing, “partly because people at the bank and at Dell wanted to avoid conflict allegations, according to people familiar with the matter,” The Wall Street Journal reports.
WALL STREET JOURNAL

Carlyle Benefits From Cheap Financing in DuPont Deal  |  For the Carlyle Group’s proposed purchase of a unit of DuPont, banks put together a financing package with a rate that “one industry participant” said “is unusually low for a leveraged buyout deal, partly because of historic rate lows,” The Wall Street Journal writes.
WALL STREET JOURNAL

HEDGE FUNDS Â'

Hedge Funds on the Line as Apple Falls  |  Apple’s stock, which fell sharply as the company reported disappointing earnings, has been a favorite among hedge fund managers, Forbes writes.
FORBES

Soros Predicts Euro Will Survive  |  Bloomberg News reports: “George Soros, one of the most outspoken critics of Germany’s proposed austerity policies to solve the European debt crisis, said the euro is here to stay and will gain as other nations seek to devalue their currencies.”
BLOOMBERG NEWS

I.P.O./OFFERINGS Â'

British Investors Support Push to Change I.P.O. Rules  |  The Financial Times reports: “Some of the UK’s ! biggest i! nvestors are backing calls by one of the most influential fund managers in the City for sweeping reforms of the initial public offering market. Legal & General Investment Management, which owns about 4 percent of the UK stock market, is seeking measures to improve ailing investor confidence in equity offerings.”
FINANCIAL TIMES

VENTURE CAPITAL Â'

In France, Twitter’s Latest Fight Over Speech  |  The New York Times reports: “A French court on Thursday told Twitter to identify people who had posted anti-Semitic and racist entries on the social network. Twitter is not sure it will comply. And the case is yet another dust-up in the struggle over spech on the Internet, and which countries’ laws prevail.”
NEW YORK TIMES

Twitter’s New Video Sharing Service  |  Vine, Twitter’s new service that lets users shoot and share video clips, had “a few serious privacy hiccups,” the Bits blog reports.
NEW YORK TIMES BITS

A Fresh Approach to Social Commerce  |  A start-up called Wanelo has a similar aesthetic to other shopping sites, with an important difference: “clicking on an image takes you directly to the place where it’s av! ailable f! or sale â€" not another blog, image site or Pinterest post,” the Bits blog writes.
NEW YORK TIMES BITS

LEGAL/REGULATORY Â'

Cities Pressure Pension Funds to Divest From Gun Makers  |  The New York Times reports: “Fresh from persuading a $5 billion pension fund in Chicago to divest from companies that make firearms, the city’s mayor, Rahm Emanuel, on Thursday urged the chief executives of two major banks to stop financing companies ‘that profit from gun violence.’”
NEW YORK IMES

HCA Is Ordered to Pay Foundation $162 Million  |  The New York Times reports: “HCA, the nation’s largest profit-making hospital chain, was ordered on Thursday to pay $162 million after a judge in Missouri ruled that it had failed to abide by an agreement to make improvements to dilapidated hospitals that it bought in the Kansas City area several years ago.”
NEW YORK TIMES

Commissioner Overseeing MF Global Inquiry at C.F.T.C. Abruptly Quits  |  Jill E. Sommers, a Republican regulator overseeing the investigation into MF Global’s collapse, has resigned her post at the Commodity Futures Trading Commission.
DealBook Â'

In Davos, Merkel Presses Leaders to Keep Focus on EconomyIn Davos, Merkel Presses Leaders to Keep Focus on Economy  |  Angela Merkel, the German chancellor, echoed a concern that a tentative European recovery could be undercut by political complacency.
DealBook Â'

Jones Day Names M.&A. Partner to Head New York Office  |  The law firm Jones Day said on Thursday that Wesley R. Johnson, a lawyer who has orked on a number of deals involving French companies, would lead the firm’s New York office.
DealBook Â'



Despite Calm, Draghi Raises Economic Concerns

DAVOS, Switzerland â€" Dubbing 2012 as the year the euro was re-launched, the president of the European Central Bank expressed concern that renewed calm on financial markets had not yet led to economic growth and better lives for European citizens.

Mario Draghi, the E.C.B. president and the person who can probably take more credit than anyone for the relative tranquility that greets visitors to this year’s World Economic Forum, used an appearance here to take stock of the state of the euro zone.

Mr. Draghi said that central bank measures last year had prevented a banking crisis. And he also praised government leaders for steps they took to strengthen the currency union, for example agreeing to put the E.C.B. in charge of supervising banks.

And the net effect of those moves ‘‘To say the least the jury is still out,’’ Mr. Draghi said. ‘‘We haven’t seen an equal momentum on the real side of the economy. That’s where we have to do some more.’’

The euro zone econom has stabilized at a very low level, Mr. Draghi said, and should begin to recover in the second half of 2013.

Data released Friday supported the thesis of a gradual recovery. The Ifo business climate index, a closely watched indicator of corporate confidence in Germany, rose more than expected. The survey suggested that the euro zone’s largest economy is growing again after a contraction at the end of 2012.

What’s more, the E.C.B. said Friday that more euro-zone banks than expected had chosen to make early repayment of three-year central bank loans they took out a year ago. The volume of early repayment is seen as a sign that at least some banks are healthier than they were, and able to raise money on their own. The E.C.B. said 278 banks would pay back 137 billion euros, of a total of 489 billion euros they borrowed a year ago at exceedingly low interest rates.

Looking ahead, Mr. Draghi described 2013 as a year of implementation, when the E.C.B. and governments would begin carry! ing out decisions they made last year.

The E.C.B. would begin assuming authority over banks, he said, and governments would carry out changes designed to improve their ability to respond to crises and police each other’s spending. As central supervisor, the E.C.B. central bank is expected to be more willing than national regulators to force sick banks to confront their problems.

Mr. Draghi defended the E.C.B.’s position that euro zone governments must continue to work to get spending under control. Austerity â€" a word Mr. Draghi said he does not like â€" has been a de facto condition for measures the central bank has taken to contain the crisis and give governments space for economic reforms.

‘‘Fiscal consolidation is unavoidable,’’ Mr. Draghi said during on-stage questioning by John Lipsky, a former first deputy managing director of the International Monetary Fund. ‘‘There can’t be any sustainable growth, any sustainable equity achieved through an endless creation of det.’’

But Mr. Draghi conceded that budget cutting can push countries into recession, and he said governments should cut spending on operations rather than curtailing outlays for infrastructure projects like bridges and roads.

Asked by Mr. Lipsky whether the E.C.B. would follow the United States Federal Reserve in setting benchmarks for unemployment that would trigger countermeasures, Mr. Draghi said no.

But, in what could signal a subtle shift in E.C.B. thinking, Mr. Draghi suggested that the central bank can pursue economic growth as part of its prime mandate to defend price stability.

‘‘We have given plenty of evidence we can do so within the existing framework,’’ Mr. Draghi said.



Police Investigate Attack on Glencore Chief\'s Home

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