Total Pageviews

\'Currency War\' Is Less a Battle Than a Debate on Economic Policy

Never mind about North Korea; the talk in some quarters is that the biggest threat to Asia and the rest of the world today may very well be a “currency war,” in which countries race to devalue their currencies in a desperate attempt to stimulate growth.

Yet the reality is much different. It is really a debate about how industrialized countries will grow out of their economic malaise, and even the term “currency war” is being misused.

That catchy phrase was first uttered by Guido Mantega, the Brazilian minister for finance, in 2010. What he was referring to was actually something more complicated than countries racing to depreciate their currencies, which is what most people refer to today when they use the phrase.

Instead, Mr. Mantega was really talking about the United States. The huge quatitative easing undertaken by the Federal Reserve has created an environment of low interest rates and put downward pressure on the dollar while pushing the currencies of other countries up.

As they say in physics, every action has an equal and opposite reaction, and the Fed’s actions have pushed hot money into countries, mostly emerging markets like Brazil, with higher interest rates. This creates bubblelike asset prices and spurs inflation.

Normally, the response of Brazil or another such country would be to ease its monetary policy and possibly also lower interest rates in an effort to tamp down demand for its currency. The problem is that Brazil has stubbornly high inflation at 6 percent and can’t respond the way the United States could.

And that is what is really going! on with the world’s currencies. Bigger, more mature countries are responding to their own economic downturns by adopting easy money policies. But the problem is that the emerging market economies can’t respond with similar effectiveness because of their own economic or political issues.

Nonetheless, the currency war talk has been revived because of an alarming fall in the value of the Japanese yen, which is down more than 20 percent against the dollar since November. The decline has reaped billions of dollars for hedge funds betting against the currency. It’s nice for these already rich traders, but there will also be yen losers, with potentially bigger consequences.

The slide in the yen is a product of an effort by Japan’s new prime minister, Shinzo Abe, to revive the no-growth, no-inflation Japanese economy that has ben mired in stagnation for more than two decades.

Mr. Abe is not only openly advocating an inflationary policy with a 2 percent target, and more stimulus, he is talking down the yen. And this week, Japan is expected to appoint a new head of the Bank of Japan. Whoever that may be is expected to be on board with Mr. Abe’s plan for further stimulus and inflation, a course that is likely to result in further yen depreciation.

As a result, Japanese exports have suddenly become significantly cheaper. And when an exporting powerhouse like Japan devalues its currency that quickly, other nations suddenly find that their goods are much less competitive on the global marketplace.

And once again, the issue is not that every country will depreciate, but how emerging market economies respond. These countries could ! respond i! n the easiest manner by letting their currencies appreciate. Many economists would say this is the ideal. Both the United States and Japan would benefit by having a cheaper currency and more growth, while developing nations would benefit by having a stronger currency and ability to buy more goods for consumption.

For many emerging market countries, this is hard to do politically, because it will mean that in the short term, their goods will be less competitive and their manufacturing bases will decline, meaning lost jobs.

Instead, these countries are more likely to try to deal with the yen’s depreciation by doing the exact opposite. They will try to halt the appreciation of their currency. Obviously, economic policy is complicated and economists love to disagree, so the responses of each country may vary, but there are three common policy ways to lower a currency rate: do a round of quantitative easing to expand the balance sheet of the central bank; lower interest rates; or impose capital conrols.

The various possible responses show that the currency war is really about genuine policy disagreements between economies over how to address the easy money policies of the bigger industrialized countries, in light of the fact that many emerging market companies cannot respond with the same policies. The European Union has chosen another path by declining to adopt a stimulus approach.

This explains why the world’s financial officials and central bankers have not taken much of a stand.

After Lael Brainard, an under secretary for the Treasury, decried the “loose talk about currencies” and! said tha! t the United States supported “efforts to reinvigorate growth and to end deflation in Japan,” financial ministers of the Group of 20 nations released a communiqué.

It stated that their policy was not “to target our exchange rates for competitive purposes” and that “excess volatility of financial flows and disorderly movements in exchange rates have adverse implications for economic and financial stability.”

This followed a slightly different statement from the Group of 7 nations saying that the countries “have been and will remain oriented toward meeting our respective domestic objectives using domestic instruments, and thatwe will not target exchange rates.”

Bland prose like this is typical of these gatherings, yet the Group of 7 appeared to endorse Japan’s efforts. But if you look at the statement from the Group of 20, which includes Brazil and South Korea, it was less favorable, saying merely that there would not be a competitive devaluation. And no surprise, these are the countries most effected by the actions of the United States and Japan.

Ultimately, though, talk of a true currency war, where countries competitively devalue their exchange rates in a zero sum game that recalls the old Matthew Broderick film “War Games,” is overstated. Remember that in “War Games,” just by playing, you lose.

The reason is that even for those countries that can devalue, too much is at stake in this game. Instead, we are more likely to get what Goldman! Sachs in a recently released research report called a “global exchange rate mechanism, but in a new noncooperative variant.”

Countries will act within bands based on their options and status, but no one country will take the same tack at the same time because of their different economic positions In other words, a country can’t merely turn on a switch and start a currency war of the sort people are talking about. Some don’t want to, others cannot and the rest are constrained in how they can act.

And while disruptions may happen from time to time, equilibrium is more likely to set in as each country responds slowly. So the currency game will play out in slow motion as each country adopts its preferred approach.

This is a game that has been going on for years. Instead of a currency war, what we are seeing is the everyday problems of a global economy where countries are highly connected and quite distinct.



Einhorn Has Edge in Dispute With Apple

In the battle between Apple Inc. and David Einhorn, score a point for the hedge fund manager.

A federal judge said on Tuesday that he was leaning toward Mr. Einhorn’s contention in a lawsuit that the iPad maker violated securities regulations by improperly bundling several shareholder proposals into one matter.

The lawsuit by Mr. Einhorn’s Greenlight Capital, filed in federal district court in Manhattan, argues that Apple unjustly tied a vote to eliminate the company’s ability to issue preferred stock at will with other initiatives that the hedge fund manager supports.

While the judge overseeing the case, Richard Sullivan, didn’t immediately grant Mr. Einhorn’s request for an immediate halt to the vote, he said that the facts of the case favored the investor’s interpretation.

“I think success on the merits lies wit Greenlight,” Judge Sullivan said at the end of a two-hour hearing.

He is expected to decide whether to grant a preliminary injunction within days, citing the Feb. 27 cutoff for voting on Apple’s shareholder proposals.



NetSpend Sold to Payment Provider for $1.4 Billion in Cash

NetSpend, a publicly traded provider of prepaid debit cards, is being sold to Tsys for $1.4 billion, the companies announced on Tuesday.

As part of the deal, Tsys, a provider of global payments, would give NetSpend shareholders $16 a share in cash.

NetSpend caters to consumers who do not have a traditional bank account or who rely on alternative financial services. Prepaid debit cards are also popular ways for retail outlets to create special branded cards for consumers.

NetSpend says it serves more than 2.4 million accounts, 46 percent of which are direct deposit accounts. It says more than 500 retail distributors use its products.

The deal “enables us to meet our strategic goals of diversifying our business, being a more innovative payment solutions provider and expanding our role within an area of payments,” Philip W. Tomlinson, chairman and chief executive of Tsys, said in a statement.

Houlihn Lokey was the financial adviser to Tsys, and King & Spalding was the legal counsel. Bank of America Merrill Lynch was NetSpend’s financial adviser, and Fried Frank served as legal counsel.



F.B.I. Examining Suspicious Heinz Trading

The Federal Bureau of Investigation has opened an inquiry into suspicious trades placed ahead of the $23 billion acquisition of H.J. Heinz, a person briefed on the matter said.

The F.B.I.’s involvement adds to the scrutiny surrounding the deal. Last week, the Securities and Exchange Commission froze a Swiss account linked to possible insider trading in the Heinz takeover.

Like the S.E.C., the F.B.I.’s office in New York, one of the main players behind the government’s recent crackdown on insider trading, is examining a series of well-timed options trades made a day before Berkshire Hathaway and the investment firm 3G Capital agreed to buy Heinz. The deal sent the company’s shares â€" and the value of the options contracts â€" soaring.

“The F.B.I. is consulting with the S.E.C. to see if a crime was committed,” an F.B.I. spokesman said in a statement.

The investigation centers on an unusual spike in options trades involving Heinz. The traders bought 2,533 call options onWednesday through a Swiss account at Goldman Sachs, according to the S.E.C., which called the activity a “drastic” uptick in trading.

At the time of the S.E.C.’s action on Friday, authorities had not yet determined the identity of the traders, and the F.B.I. declined to comment further on Tuesday. Goldman, which is not accused of wrongdoing, was the conduit for the trades. A bank spokesman said Goldman was “cooperating” with the investigation.

Using what is known as a call option, the unknown traders placed a bullish bet on Heinz without actually buying the company’s
shares. Instead, the investors have the opportunity to buy the stock at a given price through June.

The move struck authorities as strange. For months leading up to the deal announcement, there had been scant activity in Heinz options. On Tuesday, for example, only 14 call options were bought. A day earlier, there was no trading. The Swiss account in question showed no recent activity in Heinz options,! the S.E.C. said.

The anonymous investors spent nearly $90,000 on the call options, a position that skyrocketed on paper to $1.8 million after the deal was announced Thursday. At the time, Heinz’s stock rose to $72.50, up 20 percent from Wednesday, matching the offer price.

“The timing, size and profitability of the defendants’ trades, as well as the lack of prior history of significant trading in Heinz” in the account, the commission said in the complaint, “makes these trades highly suspicious.”

The growing inquiry may cast a cloud over the Heinz deal. While the S.E.C. already raised concerns, the F.B.I.’s examination adds to the scrutiny and for the first time raises the prospect of criminal wrongdoing.

Once authorities identify the traders, the S.E.C. and F.B.I. will turn their focus to the universe of insiders who could have leaked details of the deal. Dozens of people had knowledge of confidential information about the deal, including bankers, lawyers and executive at both the buyers and the seller.

An S.E.C. spokesman did not immediately respond to a request for comment.



HSBC Panama Sold to Colombian Bank for $2.1 Billion

Bancolombia said on Tuesday that it had agreed to pay $2.1 billion to acquire HSBC Panama, as the bank continues to expand in Central America.

Bancolombia, based in Medellin, Colombia, said in a filing that it would acquire all the common stock and 90.1 percent of its preferred shares.

It estimated HSBC Panama’s net asset value to be $700 million. Bancolombia’s regulatory filing said that through Sept. 30, 2012, HSBC Panama had $7.6 billion in assets, $5.7 billion in loans and $5.8 billion in deposits.

The deal is the latest signal of Bancolombia’s global ambitions. In December, Bancolombia said that it had agreed to obtain 40 percent of Guatemala’s Grupo Agromercantil. It also owns El Salvador’s Banco Agricola.

“The financial sector in Central America has evolved in an important way in the last few years, in particular in Panama,” Bancolombia’s president, Carlos Raul Yepes, said in a statement.

London-based HSBC has been divesting itself of many of its LatinAmerican assets, and Colombian banks have been largely the buyers. Last year, Davivienda acquired HSBC’s assets in Costa Rica, Honduras and El Salvador. Also in 2012, GNB Sudameris, part of the Gilinksi Group, purchased HSBC Colombia, Peru, Uruguay and Paraguay.

The transaction requires regulatory approval and is expected to close in the third quarter of this year.

UBS and Banca de Inversion Bancolombia were financial advisers on the deal.



For Office Supply Stores, an Obvious Merger

Office Depot and OfficeMax are lucky to have each other. Uniting the two retailers â€" purveyors of pens, paper clips and printer toner â€" is about as obvious as it gets in M.&A. The potential synergies could be worth more than the market value of the two companies combined. As the Internet ravishes retailing, at least this corner can cling to life by merger.

Consolidation is overdue. The encroaching power of the likes of Amazon and Target has been evident for years. Office Depot and OfficeMax are also good partners. Plenty of nearby stores could be closed and their own suppliers squeezed. Based on past deals, savings of about 2.6 percent of revenue, or some $450 million a year in this case, look realistic, analysts at Sanford Bernstein wrote in a prescient note on Friday, before news reports over the weekend of the two companies being in talks.

These cost cuts, taxed and capitalized, would be worth about $3 billion to shareholders. That’s an impressive sum given the two companies were onlyworth around $2.1 billion combined before the merger talks were reported. Investors initially added another $400 million on Tuesday as they anticipate details on a possible all-share combination.

There will be questions about competition, of course. The antitrust forces ordinarily take a dim view of two top players joining forces. In 1997, regulators scuttled a $4 billion deal that would have united the market leader Staples with Office Depot. Given the radically altered market dynamics 16 years later, however, it’s hard to see a merger between No. 2 and No. 3 in sales as a powerful monopoly in the making.

OfficeMax is on track to generate a net margin of just 0.9 percent in 2013, according to the average estimates of analysts collected by Thomson Reuters. Office Depot is seen struggling to eke into positive territory. Revenue at the top three chains is forecast to stagnate, but online competition could be harsher as other specialty retailers like Blockbuster, Circuit City and Borders l! earned.

While Office Max and Office Depot might together slow the decline, their industry is still bound to die a death of a thousand paper cuts.

Christopher Swann is a columnist for Reuters Breakingviews. For more independent commentary and analysis, visit breakingviews.com.



In the Year of the Snake, Challenges for the Chinese Economy

China is back to work after a weeklong holiday to celebrate the Chinese New Year. Most business shut for the entire week and the scale of human migration was awesome. This year, the Chinese made 440 million trips during the lunar holiday.

Chinese people spend a lot of money during this period, shoot off a lot of fireworks and increasingly travel overseas. Retail sales in the period were $86 billion, up 14.7 percent from last year though the growth rate was down from 16.7 percent pace in 2012. The government’s frugality campaign may be to blame, as well as the increase inforeign travel. China UnionPay reported that overseas bank card transactions increased 33 percent from last year.

Firework sales were off 45 percent in Beijing this year. This was my seventh consecutive Spring Festival in Beijing, and while there were still a lot of explosions, the pyrotechnics were noticeably more restrained than in prior years. The good news is that “no deaths or cases of eyeball extraction were reported” in Beijing and fireworks-induced air pollution was relatively light.

We are now in the Year of the Snake. Snake years unfortunately may be bad for stocks. According to Sam Stovall, chief equity strategist at S&P Capital IQ:

Since 1900, the S.&P. 500 posted its only average calendar-year decline during the Year of the Snake, falling 3.8 percent, and rising in price just 33 percent of the time, which was the worst price performance and frequency of advance of all 12 years.

THE CHINESE STOCK MARKETS reopened Monday to a small gain but on Tuesday dropped the most in five weeks. The proximate cause of Tuesday’s decline was a report that Beijing is so concerned by the resurgent property market it may impose additional real estate restrictions between now and the annual meeting of the National People’s Congress in early March. The markets here have had a good run since December and a few of my punter friends have decided to take some profits.

This column has repeately noted the doubts about the reliability of Chinese economic statistics. Stephen Green of Standard Chartered has published a new report in which he questions the official gross domestic product data for the last two years. Mr. Green writes:

Our guesstimates for the past two years look considerably weaker than the official estimates: our guesstimates for 2011 and 2012 are 7.2% and 5.5%, respectively, compared with the official prints of 9.3% and 7.3%.

Most economists still seem to believe China’s G.D.P. growth rate is closer to the official figures. In early February, an official of the Reserve Bank of Australia gave a speech titled “Reflections on China and Mining Investment in Australia” in which he said that China’s G.D.P. growth has stabilized around 8 percent. Australia’s economy is ! heavily d! ependent on China, and the Australian central bank still maintains a relatively bullish view about China’s future demand for commodities.

The stakes are high, especially for economies like Australia that are heavily reliant on commodities exports to China. One observer argues that at least in the short-term, Chinese commodity demand will be strong, maybe not because the Chinese economy is “healthy” but rather because total lending in January 2013 grew 15 percent faster than it did at the peak of China’s credit boom in 2009.

PERHAPS THE MOST IMPORTANT CHALLENGE for the Chinese economy is how quickly it can rebalance from credit to consumption-driven growth. Michael Pettis, a Wall Street refugee who teaches at Peking University, has been one of the most prominent foreign voices on this topic. He has just written a new book, “The Great Rebalancing: Trade, Conflict, and the Perilous Road Ahead for the World Economy,” and is now giving interviews on his book tour, including “weaning China off credit-fueled growth” and how to spot early signs of economic reform.

Eswar Prasad, a former International Monetary Fund official with responsibility for China, seems a bit more optimistic than Mr. Pettis about the rebalancing efforts and wrote on Tuesday that Beijing was making progress toward rebalancing:

New data suggest tha! t it is t! ime to revise the view that China’s growth is driven largely by exports and investment. Private and government consumption together accounted for more than half of China’s output growth in 2011-12, signaling a big shift in the composition of domestic demand. Physical capital investment, the main driver of growth over the previous decade, is no longer the dominant contributor to growth. As for exports, a shrinking trade balance has in fact dragged down growth these past two years.

In January, an “airpocalypse” across much of China led to plenty of hacking coughs, including for yours truly. But a different kind of hacking in China is noticeable in February.

BusinessWeek Magazine’s cover article last week was “A Chinese Hacker’s Identity Unmasked.” On Tuesday, The New York Times reported on its front page that “China’s Army Is Seen as Tied to Hacking Against U.S.” The Chinese government responded that it opposes the hacking allegations.

A week ago, President Obama signed an executive order about protection against cyber attacks, and according to The New York Times article, “The United States government is planning to begin a more aggressive defense against Chinese hacking groups, starting on Tuesday.”

The article does not specify what is entailed in a more aggressive defense, but if the United States wants concrete results then naming and shaming people and groups in China may be just one piece of a much broader response.



In the Year of the Snake, Challenges for the Chinese Economy

China is back to work after a weeklong holiday to celebrate the Chinese New Year. Most business shut for the entire week and the scale of human migration was awesome. This year, the Chinese made 440 million trips during the lunar holiday.

Chinese people spend a lot of money during this period, shoot off a lot of fireworks and increasingly travel overseas. Retail sales in the period were $86 billion, up 14.7 percent from last year though the growth rate was down from 16.7 percent pace in 2012. The government’s frugality campaign may be to blame, as well as the increase inforeign travel. China UnionPay reported that overseas bank card transactions increased 33 percent from last year.

Firework sales were off 45 percent in Beijing this year. This was my seventh consecutive Spring Festival in Beijing, and while there were still a lot of explosions, the pyrotechnics were noticeably more restrained than in prior years. The good news is that “no deaths or cases of eyeball extraction were reported” in Beijing and fireworks-induced air pollution was relatively light.

We are now in the Year of the Snake. Snake years unfortunately may be bad for stocks. According to Sam Stovall, chief equity strategist at S&P Capital IQ:

Since 1900, the S.&P. 500 posted its only average calendar-year decline during the Year of the Snake, falling 3.8 percent, and rising in price just 33 percent of the time, which was the worst price performance and frequency of advance of all 12 years.

THE CHINESE STOCK MARKETS reopened Monday to a small gain but on Tuesday dropped the most in five weeks. The proximate cause of Tuesday’s decline was a report that Beijing is so concerned by the resurgent property market it may impose additional real estate restrictions between now and the annual meeting of the National People’s Congress in early March. The markets here have had a good run since December and a few of my punter friends have decided to take some profits.

This column has repeately noted the doubts about the reliability of Chinese economic statistics. Stephen Green of Standard Chartered has published a new report in which he questions the official gross domestic product data for the last two years. Mr. Green writes:

Our guesstimates for the past two years look considerably weaker than the official estimates: our guesstimates for 2011 and 2012 are 7.2% and 5.5%, respectively, compared with the official prints of 9.3% and 7.3%.

Most economists still seem to believe China’s G.D.P. growth rate is closer to the official figures. In early February, an official of the Reserve Bank of Australia gave a speech titled “Reflections on China and Mining Investment in Australia” in which he said that China’s G.D.P. growth has stabilized around 8 percent. Australia’s economy is ! heavily d! ependent on China, and the Australian central bank still maintains a relatively bullish view about China’s future demand for commodities.

The stakes are high, especially for economies like Australia that are heavily reliant on commodities exports to China. One observer argues that at least in the short-term, Chinese commodity demand will be strong, maybe not because the Chinese economy is “healthy” but rather because total lending in January 2013 grew 15 percent faster than it did at the peak of China’s credit boom in 2009.

PERHAPS THE MOST IMPORTANT CHALLENGE for the Chinese economy is how quickly it can rebalance from credit to consumption-driven growth. Michael Pettis, a Wall Street refugee who teaches at Peking University, has been one of the most prominent foreign voices on this topic. He has just written a new book, “The Great Rebalancing: Trade, Conflict, and the Perilous Road Ahead for the World Economy,” and is now giving interviews on his book tour, including “weaning China off credit-fueled growth” and how to spot early signs of economic reform.

Eswar Prasad, a former International Monetary Fund official with responsibility for China, seems a bit more optimistic than Mr. Pettis about the rebalancing efforts and wrote on Tuesday that Beijing was making progress toward rebalancing:

New data suggest tha! t it is t! ime to revise the view that China’s growth is driven largely by exports and investment. Private and government consumption together accounted for more than half of China’s output growth in 2011-12, signaling a big shift in the composition of domestic demand. Physical capital investment, the main driver of growth over the previous decade, is no longer the dominant contributor to growth. As for exports, a shrinking trade balance has in fact dragged down growth these past two years.

In January, an “airpocalypse” across much of China led to plenty of hacking coughs, including for yours truly. But a different kind of hacking in China is noticeable in February.

BusinessWeek Magazine’s cover article last week was “A Chinese Hacker’s Identity Unmasked.” On Tuesday, The New York Times reported on its front page that “China’s Army Is Seen as Tied to Hacking Against U.S.” The Chinese government responded that it opposes the hacking allegations.

A week ago, President Obama signed an executive order about protection against cyber attacks, and according to The New York Times article, “The United States government is planning to begin a more aggressive defense against Chinese hacking groups, starting on Tuesday.”

The article does not specify what is entailed in a more aggressive defense, but if the United States wants concrete results then naming and shaming people and groups in China may be just one piece of a much broader response.



For Corporate Boards, Lessons From JPMorgan\'s Trading Disaster

Michael W. Peregrine, a partner at the law firm McDermott Will & Emery, advises corporations, officers and directors on issues related to corporate governance, fiduciary duties and internal investigations.

Last month, JPMorgan Chase released the internal analysis of the $6 billion loss in its synthetic credit portfolio in 2012. While the losses may seem as if they were aberrations that couldn’t happen elsewhere, the governance recommendations that were released as part of the internal analysis are highly relevant across corporate America, not just financial institutions.

From the public’s perspective, the 129-page report written by a JPMorgan management task force - which focused on what happened, why it happened and who was to blame - was the most intriguing. But a shorter companion report prepared by a board review committee holds many lessns for corporate boards on risk oversight practices.

The JPMorgan review of the trading loss concluded that the credit portfolio risks weren’t presented to the risk policy committee in a timely manner. Even though losses were beginning to mount at the bank, traders in London increased their trades over several months rather than exiting and cutting their losses, according to the report.

The full extent of the loss wasn’t communicated to the board’s risk committee until late April, shortly before the bank publicly announced the loss. Because of that delay, the committee wasn’t able to address the issue in its early stage and potentially limit its loss. It wasn’t a question of deficient governance, but rather one of deficient reporting.

This was clearly not a case where the board was asleep at the wheel. Rather, the JPMorgan analysis suggested that if the board members had re! ceived the information fully and promptly, they would have been able to better exercise their oversight responsibility.

JPMorgan’s recommendations deal directly with the kinds of “real world” reporting failures found in many corporate and nonprofit organizations. That starts with the need to present information that is useful to the risk committee, and in a manner and context that are meaningful to the committee. Issues that “keep management awake at night” need to be immediately brought to the committee’s attention. The higher the quality of materials, the more efficient the committee meeting process will be.

In addition, the JPMorgan report highlights the need to re-examine the committee charter for clarity of scope and purpose. That would help prevent overlap and gaps in the duties of the various board committees (e.g., risk, audit and compliance). Such a review also extends to the need to coordinate the role of the internal auditor.

The report adds to the mix an acknowledgmnt that audit and risk committee members have greater responsibilities and demands than their peers on many other committees do, as well as the indirect suggestion that the qualifications for committee membership must be particularly sterling.

The reality of life in a highly regulated industry is reflected in the recommendation that the risk committee maintain, where appropriate, more frequent and informal contacts with regulators to better demonstrate the committee’s interest in understanding regulatory concerns.

One of the most direct recommendations in the report relates to the independence of compliance and risk managers. An emerging view is that these managers should now report directly to the chief executive and not to a company’s general counsel. (Last month, JPMorgan said it had changed the chain of command so that its head of global compliance and regulatory m! anagement! will report directly to the bank’s chief operating officers).

Moreover, the title and compensation of compliance and risk officers should command the same heft and responsibility of the post. Also proposed is a greater link between executive compensation and satisfaction of the board’s risk reporting standards.

With this episode, the JPMorgan board has placed a serious emphasis on the critical connection between information reporting and governance oversight. That process indeed counts, because a failure of process can seriously compromise the effectiveness of governance checks and balances.

And the connection is made in the context of an extraordinary controversy involving huge corporate losses, reputational harm and regulatory inquiry. These were failures that are not unique to JPMorgan or to high finance, but can be found in any corporation, no matter the industry.

JPMorgan’s situation will be fodder for business schools for years. But its more practical legacy may be deciddly nonfiction in nature â€" setting new standards for board oversight of operational risk. It provides a highly practical template for other boards, across industry lines, to replicate.


Mr. Peregrine’s views do not necessarily reflect the views of McDermott Will & Emery LLP or its clients.



Former Deutsche Bank Trader Describes Difficulties in Tokyo\'s Rates Market

TOKYO - One particularly tough trading day in the summer of 2007, Eddy Takata, then a derivatives trader with Deutsche Bank in Tokyo, threw up his arms in frustration and shouted, “Manipulation!”

A major interest rate had again moved in favor of a rival trader at UBS, a relative newcomer to Tokyo named Tom Hayes. The handful of traders battling it out in the Tokyo market had started to sense Mr. Hayes was rewarded a little too often for his oversize risks, according to a book by Mr. Tanaka published on Tuesday.

Mr. Hayes is now a central figure in a global investigation into rate manipulation. American authorities have accused him of colluding with rivals as part of a vast conspiracy to report falserates to bolster earnings.

The broad investigation has ensnared more than a dozen banks, prompting two Japanese units of UBS and the Royal Bank of Scotland to plead guilty as part of larger settlements.

The investigation focuses on benchmarks like the London interbank offered rate, or Libor, and the Tokyo interbank offered rate, or Tibor, which help determine the borrowing costs for trillions of dollars of mortgages, corporate loans and other financial products.

In late 2011, Japanese financial regulators also penalized the local units of UBS and Citigroup, ordering the banks to temporarily suspend some derivatives trading after finding that their employees had attempted to influence Tibor.

In his book, whose title loosely translates to “Market Manipulation and Deceit,” Mr. Takata, who traded derivatives in Tokyo for 18 years, paints a picture of a fast-moving, high-stakes, ego-fueled market controlled by a handful of traders. The champagne flowed when profit was strong, he said, but heads rolled over a single miscalculation. He also describes the power relationships between high-rolling traders and their colleagues who set the rates.

Mr. Takata says he frequently found himself on the opposite end of Mr. Hayes’s trading in a market where the players operated on a first-name basis. He said many of Mr. Hayes’s trades tended to come in the evenings in Tokyo, or between 8 a.m. and 9 a.m. in London, shortly before Libor rates were st at 11 a.m. He appeared to prefer high-stakes trades that would allow him to immediately lock in profit, but which could also result in heavy losses, based on how Libor moved that day, Mr. Takata said.

“Normally, that sort of trade is out of the question,” Mr. Takata said. “There is no upside for the trader. You pay broker fees for a position that really could go either way. But Tom frequently engaged in these trades. Inexplicably, Libor always moved in Tom’s favor.”

Despite being a standout, aggressive trader in the market, Mr. Hayes was conspicuously absent from the gatherings and parties frequented by the city’s traders and brokers, Mr. Takata said. He met Mr. Hayes just once in person, in 2007, after a particularly big interest-swap trade.

Mr. Hayes’s colleagues on UBS’s yen interest-swap desk invited Mr. Takata to dinner at a restaurant in Akasaka, an upmarket entertainment area in Tokyo, according to his book. Mr. Hayes turned up carrying a thick economics tex! tbook und! er his arm, and hardly joined in the conversation, Mr. Takata recalled.

Contrary to his bold trades, Mr. Hayes came across as a “highly educated, quiet Englishman,” Mr. Takata said. “Our conversation didn’t really take off.”

Rate trading soon proved to be troublesome for Mr. Takata. In late 2007, Mr. Takata lost his job over mounting losses linked to Tibor. Mr. Takata says that Euroyen Tibor futures rose inexplicably in the last two weeks of 2007, unnatural movements he had never encountered in 18 years of trading.

Ultimately, Mr. Takata said he lost almost 5 billion yen ($53.5 million) on trades linked to Euroyen Tibor, resulting in an internal investigation at Deutsche Bank. He left the company in March 2008, but said he had not faced any disciplinary action or charges over his trading and had not been questioned in relation to rate investigations. Deutsche Bank confirmed that Mr. Takata had worked as a trader in its Tokyo office between 2006 and 2008, but declined to comment frther on his work.

In March 2009, a year after his departure from Deutsche Bank, Mr. Takata threw one last party for traders and brokers at the now-defunct Club 57 in Tokyo’s Roppongi district. He dug up the name card that Mr. Hayes had given him at the Akasaka restaurant, and sent him an invitation, Mr. Takata said. Mr. Hayes never showed up.



Talk of a Big Deal Sends Office Supplier Stocks Up

The prospect of a big deal between Office Depot and OfficeMax has stirred up stocks in the world of stapler and notepad merchants.

Shares of both companies were up significantly in premarket trading on Tuesday amid reports that the two were in talks to combine in a stock-for-stock deal. A person briefed on the matter told DealBook that while talks could still fall apart, a merger could be announced as soon as this week.

Shares of Office Depot were up more than 30 percent, at $6.04, while those of OfficeMax were up nearly 24 percent, at $13.38. Those prices would give the combined company a markt value of nearly $3 billion.

Both stocks have risen over the past year, largely because of growing consensus that that the companies should merge. By combining, the two largely brick-and-mortar retailers would be able to cut costs and gain additional buying power to fend off competition from discounters and online competitors.

But the two weren’t the only beneficiaries of a deal bump. Shares in Staples were up nearly 15 percent as well, at $14.79. Analysts have said, however, that the bigger office supply retailer is less likely to strike deals because of antitrust concerns.



For S.E.C., Obstacles Aplenty in Pursuit of \'Suspicious\' Heinz Trading

Just a day after the buyout of H.J. Heinz was announced, the Securities and Exchange Commission took aim at an account, claiming it was used to trade on inside information about the deal to reap potential profits of over $1.7 million.

The challenges for the S.E.C. will be to overcome obstacles to figuring out who was actually involved in the trading, then linking that person or group to a source of information about the Heinz deal.

The suspect trading involved more than 2,500 call options, which give the purchaser the right to acquire 250,000 shares of Heinz stock at $65 each until June 22. The buyout offer from < href="http://topics.nytimes.com/top/reference/timestopics/people/b/warren_e_buffett/index.htmlinline=nyt-per" class="tickerized" title="More articles about Warren E. Buffett.">Warren E. Buffett’s Berkshire Hathaway and the investment firm 3G Capital Management prompted Heinz’s stock to rise nearly 20 percent, to about $72, on Thursday. The stock rise took the call options from being out of the money to generating a potentially handsome profit.

The S.E.C. described the trading as “highly suspicious” four times in its complaint, filed in Federal District Court in Manhattan, and for good reason. The initial investment was approximately $90,000, the options were very thinly traded, and the purchase was made only a day before the deal became public, r! esulting in a 1,700 percent return overnight.

As if that were not enough, the location of the account raised another red flag: the trading was executed through an account at Goldman Sachs called “GS Bank IC Buy Open List Options GS & Co. c/o Zurich Office.” Described in the complaint as an “omnibus account,” it operates as a kind of train station for securities trading by other banks and brokerages working through Goldman to access United States markets for their customers.

The omnibus account probably handles trading for a number of foreign banks that allow customers to use a trust or other entity that masks the identity of the true owner. Thus, the omnibus account may be just the first of many layers the S.E.C. will have to peel back before it finds out who actually bought the Heinz call options.

Penetrating financial secrey may be impossible without the assistance of the Swiss authorities, or whatever other country from which the trades originated. The S.E.C. does not have the authority to issue subpoenas to obtain customer information from foreign banks and brokerage firms like it does in the United States, and it will have to rely on foreign regulators who may be unwilling to push hard to obtain the records. And if the account is maintained in a jurisdiction that protects client confidentiality, then the S.E.C. could quickly hit a dead end.

That also explains why the S.E.C. filed an emergency action so quickly to freeze the account. If the call options or any profits from them move outside the United States, then it would be almost impossible to get them back, depriving the government of its strongest leverage in the case.

Whether the call options are located in the United States or in Switzerland will be an important issue to be resolved. The trading took place in the United States through the Chicago Board Options Exchange, but like most securities, there are no physical assets, only electronic credits to accounts.

The S.E.C.’s release states that it obtained “an emergency court order to freeze assets in a Zurich, Switzerland-based trading account.” That indicates the call options may be held by Goldman’s Swiss subsidiary, which is not necessarily bound by the orders of an American court.

If the securities are frozen in a Goldman account in the United States, then anyone who wants to claim them will need to make an appearance in this country and agree to be subject to the jurisdiction of the federal court. That would give the S.E.C. a very big carrot to try to lure the trader out into the open. But that personwill have to act fairly quickly because the options are set to expire in four months, after which they are worthless.

The S.E.C.’s approach is like that of any good investor - if it sounds too good to be true, it most likely is not true. The complaint is bare-bones at best, however, asserting only how “highly suspicious” the trading was without citing evidence to show the means by which the information might have been leaked or any connection between the trader and an insider to the deal.

That was enough for Judge Jed S. Rakoff, who is no stranger to insider trading cases, to grant the temporary freeze order. But the S.E.C. will have to come up with more evidence if it wants to convince the judge, or perhaps the Swiss authorities if their assistance is required, that the trading was based on confidential informat! ion about! the Heinz deal.

Insider trading cases are not always the slam-dunks they can appear to be. A case I wrote about last year involving a foreign trader was dismissed when the S.E.C. could not show anything more than suspicious trading. Much like the Heinz trading, the defendant bought out-of-the-money call options right before a deal, generating a 1,000 percent profit in a short period. But the defendant appeared in the United States and fought the case, and the S.E.C. was never able to show any connection to a source of inside information.

The S.E.C. is only at the start of its case, and will look for any possible connections between participants in the deal and the actual account used for the trading. It has been successful in other cases at cracking open a wider ring of insider trading.

In 2005, suspicious options trades related to the acquisition of Reebok, ostensibly made by a retired seamstress i Croatia, led to the discovery of schemes involving many defendants trading on inside information from an investment bank and advance access to BusinessWeek magazine.

Whether the S.E.C. can penetrate layers of secrecy to ferret out insider trading in Heinz call options remains to be seen. Its first battle is to make sure it can keep the account in reach of the federal court, otherwise it may never be able to figure out who was responsible for some awfully well-timed trades.



Accusations of Hacking in Coke\'s Failed Big Deal

A new report on Chinese hackers depicts a wide-ranging cyberwar campaign against an array of American targets, from computer security providers to power plant suppliers.

But according to The New York Times, a failed big deal by the Coca-Cola Company was also in the sights of the Chinese army’s hacker corps.

In 2008, Coca-Cola bid about $2.4 billion for the China Huiyan Juice Group, a Beijing-based beverage company, in what would have been oneof the biggest foreign acquisitions ever in that country.

Six months later, Chinese regulators blocked the proposed transaction on antitrust grounds, contending that it would have given a foreign company too much power over the domestic juice market. While Huiyan’s investors largely supported the deal, the transaction raised nationalist hackles within the general public.

But something else may have been at work. From Monday’s article in The Times:

As Coca-Cola executives were negotiating what would have been the largest foreign purchase of a Chinese company, Comment Crew was busy rummaging through their computers in an apparent effort to learn more about Coca-Cola’s negotiation strategy.

The attack on Coca-Cola began, like hundreds before it, with a seemingly innocuous e-mail to an executive that was, in fact, a spearphishing attack. When the executive clicked on a ma! licious link in the e-mail, it gave the attackers a foothold inside Coca-Cola’s network. From inside, they sent confidential company files through a maze of computers back to Shanghai, on a weekly basis, unnoticed.



Office Supply Retailers Weigh a Merger

Two of the big retailers of office supplies, Office Depot and OfficeMax, are hoping that a merger can help protect profitability in the age of the Internet and bulk discounters. The companies are in talks “to combine in an all-stock deal that may be announced as soon as this week, a person briefed on the matter said on Monday,” DealBook’s Michael J. de la Merced reports. The talks, while at an advanced stage, may still fall apart, this person cautioned.

A deal would unite the two retailers after years of struggling to compete with the likes of Amazon.com and Costco, which can undercut their prices. Combined, Office Depot and OfficeMax reported about $4.4 billion in revenue for the third quarter last year; by comparison, Staples reported $6.4 billion in sales for the same period, Mr. de la Merced reports. The companies are also tuck with a burden of real estate: Office Depot operated about 1,675 stores worldwide at the end of the third quarter, while OfficeMax had 960 outlets.

Analysts and investors have argued that a merger of Office Depot and OfficeMax would make sense as a way to cut costs and eliminate overcapacity. Office Depot has also been under pressure from Starboard Value, an activist hedge fund that holds a 14.8 percent stake, which sent a letter to the company’s board in the fall calling for a greater focus on high-margin businesses like copy and print services. “Stock in the two companies has risen significantly over the last year, largely on speculation that a union between the two was in the works. OfficeMax’s shares have jumped 87 percent, closing on Friday at $10.75; those in Office Depot have climbed 41 percent, closing on Friday at $4.59.”

NEW STRATEGY IN GOING AFTER WALL STREET WRONGDOING  |  The guilty pleas the government recently secured from units of big banks represent a new approach from the usual fines and reforms. “Prosecutors now aim to apply the approach broadly to financial fraud cases, according to officials involved in the investigations,” DealBook’s Ben Protess reports. “Lawyers for several big banks, who spoke on the condition of anonymity, said they were already adjusting their defenses and urging banks to fire employees suspected of wrongdoing in the hope of appeasing authorities.”

The new strategy first emerged in the settlements with UBS and the Royal Bank of Scotland over accusations of manipulating interest rates, as the banks’ Japanese subsidiaries pleaded guilty to felony wire fraud. But critics ask whether the shift “amounts to a symbolic reprimand rather than a sweeping rebuke.” The guilty pleas from foreign susidiaries have “inflicted reputational damage but little else,” Mr. Protess writes.

Still, “the Justice Department plans to continue the campaign as it pursues guilty pleas from other bank subsidiaries suspected of reporting false interest rates, according to the prosecutors and the lawyers who requested anonymity to discuss the cases. Authorities are scrutinizing Citigroup, whose Japanese unit is suspected of rate manipulation, and prosecutors recently accused one former trader there of colluding with other banks in a vast rate-rigging conspiracy. Prosecutors want the rate-rigging investigation to serve as a template for other financial fraud cases. Two officials, who spoke on condition of anonymity, described a plan to eventually wring an admission of guilt from an entire bank.”

A REVIVAL FOR RATTNER  |  Once a successful financier and a government insider, Steven L. Rattner fe! ll from g! race after paying more than $16 million to settle civil cases accusing him of using “pay to play” practices while raising money from a New York State pension fund. “Now, two years later, Mr. Rattner is lunching all over town. And, in truth, he may have never stopped,” Andrew Ross Sorkin writes in the DealBook column. “As Mr. Rattner sat across from me in Midtown Manhattan two weeks ago, his re-emergence as power magnate was well under way. He is the overseer of Mayor Michael R. Bloomberg’s fortune of billions of dollars â€" you could call Mr. Rattner a money manager but that doesn’t capture the scope of it.”

Mr. Rattner said recovering from the scandal “was a bit like the half life of a radioactive isotope. Every few months the intensity of what happened seemed to go down by half.” Mr. Sorkin writes: “In a city where powerful figures are dropped at the whiff of truble â€" and rarely return to positions of significant influence despite efforts at comebacks â€" Mr. Rattner’s narrative of a meteoric rise to embarrassing scandal and back again is notable. His re-emergence may also be a telling commentary about the way the nation’s elite flock to people with power â€" and those with powerful friends.”

ON THE AGENDA  |  Dell, which has a controversial buyout offer on the table, reports earnings on Tuesday evening, as does Herbalife, the nutritional supplements company that has become a venue for a dispute among big-name investors. The billionaire financier Kenneth G. Langone is scheduled to appear on CNBC starting at 7 a.m. A judge in Manhattan is scheduled to hear arguments in Greenlight Capital’s eff! ort to pr! event Apple from limiting its ability to issue preferred stock.

STRIVING FOR GREATER COORDINATION AT MORGAN STANLEY  |  The traders and investment bankers of Morgan Stanley traditionally have wanted little to do with the financial advisers in the company’s retail business. But “since Morgan Stanley moved to acquire control of the Smith Barney brokerage business from Citigroup in 2009, the balance of power has shifted to wealth management, which now accounts for almost 52 percent of the company’s earnings, up from roughly 16 percent in 2006,” DealBook’s Susanne Craig writes.

Gregory J. Fleming, head of the brokerage business, and Colm Kelleher, who runs sales and trading and investment banking, “have been under pressure from shareholders to coax greater profits from he low-margin brokerage business by finding ways for retail and investment banking to work better together. The two men are said to have a good working relationship, leading to renewed optimism that the company can finally find synergies among its various divisions. That is a change from a few months ago, when cooperation was difficult, according to employees at the company, because of personality conflicts between Mr. Kelleher and the investment banker Paul Taubman, who were the two co-heads of the institutional securities business.”

Mergers & Acquisitions Â'

Orix of Japan to Buy Dutch Asset Manager  |  The Orix Corporation said the acquisition of a 90 percent stake in the Robeco Group, which is based in the Netherlands and has 189 bill! ion euros! in assets under management, represented its “most significant strategic acquisition to date.” DealBook Â'

TNT Express to Sell Assets after Failed U.P.S. Bid  |  After European regulators blocked United Parcel Service’s $6.9 billion takeover offer for TNT Express, the Dutch shipping company said on Monday that it was looking to sell its businesses in Brazil and China. DealBook Â'

Investors in Heinz Appear Receptive to Takeover Offer  | 
REUTERS

Sale of Bumi Stake Complicates Rothschild’s Bid for Control  |  Reuters reports: “A key Indonesian investor has sold his 10 percent holding in Bumi only days before a key vote on the miner’s future, threatening Nat Rothschild’s hopes of victory in the battle to win control of the company.” REUTERS

Shareholders of Greek Bank Approve Buyout Offer  |  Reuters reports: “A large majority of shareholders at Greek lender Eurobank have accepted an all-share buyout offer from larger rival National Bank, clearing the way for a merger to form the country’s biggest lender.” REUTERS

INVESTMENT BANKING Â'

Basing Decisions on More Than Just Data  |  The chief executive of a large bank recently decided against pulling out of Italy because he “didn’t want Italians to think of the company as a fair-weather friend,” David Brooks, a columnist for The New York Times, writes. NEW YORK TIMES

Bank of America’s Retirement Unit Gets a Lift From Commercial Bank  |  Bank of America “attracted record new assets last year to its unit servicing retirement and other employee-benefit plans as it cross-sold products throgh the commercial bank,” Bloomberg News reports. BLOOMBERG NEWS

How Different Is the New Strategy at Barclays  | 
BLOOMBERG VIEW

Japanese Trading Firms Look to Expand in Water Business  | 
WALL STREET JOURNAL

PRIVATE EQUITY Â'

Billabong In! vestors R! emain Skeptical of Buyout Offers  |  “Billabong closed yesterday 12 percent below the latest offers, the third-widest gap among similar-sized deals in developed Asia-Pacific nations, according to data compiled by Bloomberg,” Bloomberg News reports. BLOOMBERG NEWS

Standard Chartered Scouts for Private Equity Deals in Zimbabwe  | 
REUTERS

HEDGE FUNDS Â'

A Tax Strategy Favored by Hedge Fund Managers  |  Bloomberg News reports: “A decade after the U.S. Internal Revenue Service threatened to crack down on what it said were abuses by hedge-fund backed reinsurers, more high-profile money managers are setting up shop in tax havens.” BLOOMBERG NEWS

Loeb Said to Have Sold Part of Herbalife Position  |  Daniel S. Loeb, the head of Third Point, began selling shares of Herbalife “a few weeks ago and has continued to trade around the position,” CNBC reports, citing an unidentified person. Mr. Loeb had announced a long position in Herbalife after another hedge fund manager, William A. Ackman, said he was betting against it. CNBC

For Investing in China, an Alternative Source of Data  |  A lawyer named Leland Miller has developed the “China Beige Book,” a collection of poll results meant to provide investors with a reliable insight into China’s economy, The New Yorker writes. NEW YORKER

I.P.O./OFFERINGS Â'

In Europe, Mounting Debt May Push Companies to Public Markets  |  European companies are considering public stock offerings as part of broader plan to pay down debt and bolster profit. DealBook Â'

p>Philippine Unit of Macau Casino Operator Plans to Sell Shares  | 
REUTERS

VENTURE CAPITAL Â'

Silicon Valley Has Gambling in Its Sights  |  Online game companies currently are aiming their gambling efforts at overseas markets, but they “have their eye on the ultimate prize: the rich American market, where most types of real-money online wagers have been cleared by the Justice Department,” The New York Times writes. NEW YORK TIMES

For a Group of Entrepreneurs, Meteor Is Vindication  | 
NEW YORK TIMES

LEGAL/REGULATORY Â'

Reader’s Digest Files for Bankruptcy, Again  |  The magazine’s parent company filed for Chapter 11 protection in order to cut down the debt that has plagued the publication for years. DealBook Â'

Novartis Retreats on Pay Package for Departing Chairman  |  The Swiss drug maker Novartis, which had said it would pay its outgoing chairman about $78 million to ensure he did not share knowledge with competitors, decided to scrap the plan in the face of criticism, Reuters reports. REUTERS

Draghi Looks to Quiet Talk of Currency War  |  “Most of the exchange rate movements that we have seen were not explicitly targeted; they were the result of domestic macroeconomic policies meant to boost the economy,” Mario Draghi, president of the European Central Bank, said on Monday. ! NEW YORK TIMES

A ‘Bailout’ Behind Closed Doors  |  Recent court filings shed light on a deal struck last July between the New York Fed and Bank of America, in which the New York Fed “agreed to give away what may be billions of dollars in potential legal claims,” Gretchen Morgenson writes in The New York Times. NEW YORK TIMES

How Second Mortgages Complicate a Federal Settlement  |  Elizabeth M. Lynch, a lawyer at MFY Legal Services, writes in a column in The New York Times that a recent settlement with big banks “is far too modest to be a credible deterrent to reckless foreclosure practices.” NEW YORK TIMES

The Prosecutor Who Polices Wall Street  |  The Globe and Mail profiles Preet Bharara, the United States attorney in Manhattan, writing: “The man who has sent more financiers to jail than anyone else since the 1980s is disarmingly funny. He also has a mild addiction to diet soda and an innate urge to interrogate.” GLOBE AND MAIL



Andrew Bailey Appointed as Head of New British Regulator

LONDON - Andrew Bailey was appointed on Tuesday as head of the new British regulator in charge of overseeing the country’s largest banks.

Mr. Bailey, who had been acting as interim chief executive of the Prudential Regulatory Authority, was approved as the full-time head of the British regulator, which will operate as part of the Bank of England, the country’s central bank.

The regulator and the newly-created Financial Conduct Authority, which will police market abuse in the British financial services industry, take over in April from the Financial Services Authority. Martin Wheatley will lead the Financial Conduct Authority.

The idea for the two regulators first emerged in 2010 after the the financial crisis. The Financial Services Authority has been widely criticized for failing to catch problems that led to the country’s banks struggling under billions of dollars of debt in the build up to the financial crisis.

Many of the firms, including Royal Bank of Scotland and LloydsBanking Group, received multi-billion dollar government bailouts to keep them afloat.

Britain’s financial industry also has come under scrutiny after a series of recent scandals.

Two of the country’s largest firms, Barclays and Royal Bank of Scotland, already have agreed to large fines related to the manipulation of the London interbank offered rate, or Libor. Others, including HSBC and Standard Chartered, have paid large financial penalties connected to money-laundering allegations in the United States.



Orix of Japan in $2.6 Billion Deal for Rabobank\'s Asset Management Unit

HONG KONGâ€"The Japanese financial services company Orix said Tuesday it would pay €1.94 billion ($2.6 billion) to acquire the asset management business of the Dutch lender Rabobank.

Orix, which was founded in 1964 and has grown to include businesses like retailing, automobile leasing and real estate investment, said in a statement that it would own 90 percent of Robeco Groep upon completion of the deal, which is expected to close in the next six months.

Rabobank will retain a 10 percent stake in the asset management unit. Robeco, based in Utrecht, Netherlands, reported a profit of €197 million for last year and had €189 billion ($252 billion) in assets under management at the end of December.

In a statement, Orix described the deal as its “most significant strategic acquisition to date,” and said the unit would serve as its primary platform for future global expansion.

“Rbeco is a global company with an outstanding brand and excellent management,” Yoshihiko Miyauchi, the chief executive of Orix, said in the statement. “Orix will pursue further expansion in Europe and the U.S., as well as growth in Asia and the Middle East regions where it has a strong platform.”

Global dealmaking has been booming in recent months as companies that had taken an ax to costs following the financial crisis have found themselves in stronger cash positions as business rebounded. At the same time, a surge in debt market activity has made for easier access to funding for takeovers.

The volume of worldwide mergers and acquisitions has risen to $396.1 billion in the year to date, up 30 percent from the same period a year ago, according to a research note from the data provider Dealogic published on Tuesday. That marked the highest level of dealmaking activity for the period since 2008.