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A Spanish Lender’s Face-Saving Move

BBVA is learning the Chinese art of saving face. The Spanish lender has attributed its sale of a 5 percent stake in China’s Citic Bank to the new Basel capital rules. Yet while the deal will add 2.4 billion euros to BBVA’s capital, it hardly sugarcoats a 2.3 billion euro write-down on the value of its stake. Basel may have provided a graceful way to reduce an underwhelming investment.

Investors had long expected BBVA to sell down its stake in Citic Bank. Forthcoming bank capital rules heavily penalize lenders who hold stakes in other financial institutions. The boost to core Tier 1 capital is equivalent to 72 basis points, which will come in useful at a time when Spanish banks face an asset quality review and ever-mounting nonperforming loans at home. BBVA says it will be “comfortably above” the Basel III core capital requirement of 9 percent by the end of 2013.

The snag is that by taking its shareholding below 10 percent, BBVA must start marking it to market. It has written down its stake by about half, though the cash loss on what it put in is smaller. BBVA will now only be able to book dividends from Citic Bank, not its share of the lender’s earnings, diluting the Spanish bank’s own earnings per share by 14 percent next year, according to estimates by N+1. That could put pressure on BBVA’s dividend.

Being less exposed to Citic Bank is no loss. The Chinese bank trades at 0.6 times next year’s book value, according to Eikon estimates, the lowest of its peers. It will also need to raise capital, according to Bernstein Research. With luck, BBVA might be able to play the Basel card again to avoid putting in more money.

BBVA says it has revised its strategic agreement with Citic Bank on a “non-exclusive” basis, potentially allowing the Spanish bank to open a branch of its own in China. It hasn’t given up on China. But it’s hard to avoid the conclusion that BBVA’s Citic Bank foray has been nothing short of a very expensive way to plant a Spanish flag in China.

Fiona Maharg-Bravo is Reuters Breakingviews Madrid correspondent. For more independent commentary and analysis, visit breakingviews.com. 0



SAC Capital Reaches Tentative Insider Trading Deal

SAC Capital, the embattled hedge fund indicted on insider trading charges, has reached a tentative deal to settle the case and pay more than $1 billion in fines.

The fund, run by the billionaire investor Steven A. Cohen, struck the deal with prosecutors in Manhattan in recent days, according to two people briefed on the matter.

Although the exact amount of the fine is unclear, prosecutors have been seeking a $1.8 billion penalty and a guilty plea from SAC, the people said. SAC’s lawyers were urging the government to deduct from that amount the $616 million the fund has already paid to the Securities and Exchange Commission.

The people briefed on the matter, who spoke on the condition of anonymity, cautioned that the deal was tentative. The talks are continuing and could still fall apart.

A spokesman for SAC declined to comment.

The New York Times reported last week that SAC’s lawyers were leaning toward accepting the government’s $1.8 billion offer. The Wall Street Journal reported online Thursday that SAC agreed in principle to the deal.

The pact is emerging just months after federal prosecutors in Manhattan and the F.B.I. announced the indictment of SAC, a rare criminal action against a large company. Since then, investors continued to flee SAC, but the fund stayed afloat as banks and other trading partners continued to do business with it.



New Silicon Valley Fund to Back Big Data Start-Ups

You may not admit to yourself that you want to watch Real Housewives of New Jersey, but Netflix knows you do.

Using algorithms that use search data to predict what television shows people want to watch is one way in which companies are using Big Data to connect the dots. It’s captured the imagination of some of Silicon Valley’s most well-known venture capitalists, who have committed more than $10 million to a new early stage fund to help foster start-ups that analyze behavioral data to determine patterns and make predictions about social behavior.

The fund, called Big Data Elite, is backed by celebrity investors like Ron Conway, one of Silicon Valley’s most prominent angel investors, and Andreesen Horowitz, the $2.5 billion venture capitalist firm, as well as Social+Capital Partnership and Anand Rajaraman, whose social media start-up was bought by Wal-Mart Stores in 2011.

In an announcement on Thursday, Big Data Elite described itself as a venture lab and early stage fund that will offer a six-month program beginning in January 2014. The fund will choose 10 start-ups or individuals from a current list of 20. Those chosen will work a Big Data Elite’s offices in San Francisco and will have access to advisers who work at Facebook, Zynga, Netflix, LinkedIn, Riot Games and a handful of other companies that rely heavily on data analysis.

The co-founders, Stamos Venios and Tasso Argyros, the founder of Aster Data, said they want to build a bridge between Big Data entrepreneurs and Silicon Valley’s investor community that does not exist today.

Companies like Netflix, Google and Amazon rely heavily on the data its customers provide through their Internet searches and over recent years have poured large sums of money into data teams of computer scientists who sift through search and transaction data to find patterns.

“Big data is behind every sector,” Mr. Venios said.

“By 2016 the budget spend for Big Data will be larger in corporate business development than information technology,” Mr. Venios added, citing data from McKinsey & Company.

The fund will invest $150,000 to $1 million in each participant, in exchange for equity â€" typically 6 percent initially â€" and convertible notes.



Dr. Martens Nears a Deal

LONDON â€" The private-equity firm Permira is in “advanced negotiations” to possibly acquire the family-owned Dr. Martens footwear and clothing brand, according to a person familiar with the discussions.

R Griggs Group, the family business that owns Dr. Martens, is in talks for a deal that could be worth roughly £300 million, the person said. It is unclear if the deal will result in the family selling the brand or just a license for the name.

The Griggs family had been making boots in Northampton in the English East Midlands since 1901, but created the Dr. Martens brand in 1960 when the family collaborated with two German inventors of a new type of air-cushioned sole. Their boots quickly became synonymous with British rock and roll and counterculture.

Pete Townshend, The Who’s guitarist, was a particularly vocal fan, reportedly saying he went to bed on tour with “a cognac bottle and a Dr. Martens boot,” according to the company’s Website.

The deal discussions were first reported by Sky News on Thursday.

An acquisition would add another strong consumer name to Permira’s portfolio. The European private-equity firm has investments in Hugo Boss, Spanish clothier Cortefiel and Britain’s New Look apparel retailer. Permira sold the Valentino luxury brand to a Qatar wealth fund last year.

Permira declined to comment on Thursday, while R Griggs Group didn’t immediately respond to a request for comment.



KPN Still Open to Deal With América Móvil

LONDON â€" The Dutch telecommunications company Royal KPN said Thursday that it was still open to pursuing a deal with América Móvil, a day after the company withdrew its takeover offer.

América Móvil, the Latin American telecommunications giant owned by Carlos Slim Helú, said on Wednesday in a United States regulatory filing that it had dropped a 7.2 billion euro, or $9.8 billion, bid to acquire KPN. The decision came after a foundation that looks out for the interest of KPN’s shareholders exercised a call option earlier this summer giving it a nearly 50 percent stake in the company.

A KPN spokesman said Thursday that América Móvil remains an important shareholder, with a nearly 30 percent stake and two seats on its supervisory board.

“We don’t have any problem sitting down with them at the table,” said Stefan Simons, the KPN spokesman.

Those comments came after KPN’s chief executive, Eelco Blok, conducted a conference call with Dutch journalists on Thursday.

“There is a possibility that we will be sitting around the table again,” Mr. Blok said, according to Reuters.

América Móvil, the largest provider of mobile phone service in Latin America, had offered to buy the 70 percent of KPN it did not already own for a price of 2.40 euros, or $3.27, a share in hopes of acquiring a controlling stake in the company. América Móvil said KPN’s management had sought a higher price.

Mr. Simons, the KPN spokesman, said that KPN sought a “total package” it could present to shareholders, including not only a higher price but an agreement on corporate governance and other concerns after a merger.

KPN requires “a strategic partner with operational experience in the telecommunication sector, with sufficient scale and long-term vision, in order to tackle during the upcoming years the significant challenges the European telecommunication sector faces,” América Móvil said in its filing with the Securities and Exchange Commission on Wednesday.

Earlier this summer, KPN agreed to sell its German subsidiary E-Plus to the Spanish group Telefónica in a cash-and-stock deal worth 8.1 billion euros, or about $11 billion. That deal is awaiting regulatory approval.

América Móvil didn’t immediately respond to a request for comment Thursday.

KPN’s shares were down 8.7 percent, to 2.22 euros, or about $3.02, in afternoon trading Thursday. The company’s shares had been off as much as 10 percent on Thursday.

Mr. Slim owns about a 13 percent stake in The New York Times Company.



Blackstone Earnings Rose 3% in 3rd Quarter

Real estate and investment banking helped propel the Blackstone Group to yet another profitable quarter.

The investment giant said on Thursday that it earned $640.2 million in the third quarter, up 3 percent from the same time last year.

That profit, which is reported as economic net income and includes unrealized gains from investments, amounts to 56 cents a share. That matched the average analyst estimate as compiled by Standard & Poor’s Capital IQ.

Other earnings measures showed much more growth. The firm’s distributable earnings, which track what the firm will pay out to its investors and are becoming the favored pro forma metric for buyout firms, rose 59 percent in the quarter, to $312.7 million.

And the firm’s total assets under management hit a new record of $248 billion, up 21 percent, as it benefited both from fresh investor money and a rise in the value of investments.

The results reflect continued growth in two of Blackstone’s core businesses, particularly real estate, its biggest unit. That division reported a 42 percent gain in revenue for the quarter, to $660.8 million. The firm said that the carrying value of its real estate investments rose 5.8 percent.

The firm is exploring sales or initial public offerings of some of its biggest holdings, including Hilton Hotels and the La Quinta chain of hotels.

Blackstone’s advisory unit, the firm’s first business, also showed strong growth. Its revenues rose 40 percent during the quarter, to $87.2 million, as the firm secured big-ticket restructuring assignments like OGX, one of the businesses run by the Brazilian investor Eike Batista.

But the firm cautioned that the general environment for advisory businesses, including mergers and acquisitions, is still weak.

Blackstone’s private equity arm, one of the biggest in the industry, suffered in the quarter. Its revenue fell 54 percent, to $149.9 million, though they remained up for the year to date. The firm said that the overall carrying value of its holdings rose 4.2 percent in the quarter.

Its hedge fund solutions arm reported a 10 percent gain in revenue for the quarter, to $146 million, as it benefited from higher fees.

Using generally accepted accounting principles, Blackstone earned $171.2 million, up 33 percent from the year-ago period.



Blackstone Earnings Rose 3% in 3rd Quarter

Real estate and investment banking helped propel the Blackstone Group to yet another profitable quarter.

The investment giant said on Thursday that it earned $640.2 million in the third quarter, up 3 percent from the same time last year.

That profit, which is reported as economic net income and includes unrealized gains from investments, amounts to 56 cents a share. That matched the average analyst estimate as compiled by Standard & Poor’s Capital IQ.

Other earnings measures showed much more growth. The firm’s distributable earnings, which track what the firm will pay out to its investors and are becoming the favored pro forma metric for buyout firms, rose 59 percent in the quarter, to $312.7 million.

And the firm’s total assets under management hit a new record of $248 billion, up 21 percent, as it benefited both from fresh investor money and a rise in the value of investments.

The results reflect continued growth in two of Blackstone’s core businesses, particularly real estate, its biggest unit. That division reported a 42 percent gain in revenue for the quarter, to $660.8 million. The firm said that the carrying value of its real estate investments rose 5.8 percent.

The firm is exploring sales or initial public offerings of some of its biggest holdings, including Hilton Hotels and the La Quinta chain of hotels.

Blackstone’s advisory unit, the firm’s first business, also showed strong growth. Its revenues rose 40 percent during the quarter, to $87.2 million, as the firm secured big-ticket restructuring assignments like OGX, one of the businesses run by the Brazilian investor Eike Batista.

But the firm cautioned that the general environment for advisory businesses, including mergers and acquisitions, is still weak.

Blackstone’s private equity arm, one of the biggest in the industry, suffered in the quarter. Its revenue fell 54 percent, to $149.9 million, though they remained up for the year to date. The firm said that the overall carrying value of its holdings rose 4.2 percent in the quarter.

Its hedge fund solutions arm reported a 10 percent gain in revenue for the quarter, to $146 million, as it benefited from higher fees.

Using generally accepted accounting principles, Blackstone earned $171.2 million, up 33 percent from the year-ago period.



Want a Piece of a Star Athlete? Now, You Really Can Buy One.

Imagine having acquired a financial interest in LeBron James, or Peyton Manning, or Roger Federer early in their careers.

A new company wants to make this fantasy a reality for the next generation of superstars.

On Thursday, Fantex Holdings will announce the opening of a marketplace for investors to buy and sell interests in professional athletes. The start-up, backed by prominent executives from Silicon Valley, Wall Street and the sports world, plans to create stocks tied to the value and performance of an athlete’s brand.

It will debut with an initial public offering for a minority stake in Arian Foster, the Houston Texans Pro Bowl running back. Buying shares in the deal will give investors an interest in a stock linked to Mr. Foster’s future economic success, which includes the value of his playing contracts, endorsements and appearance fees.

Buck French, the company’s co-founder and chief executive, said Fantex hoped to sign additional players in football and other sports, as well as expand into other talent like pop singers and Hollywood actors.

“Fantex is bringing sports and business together in a way never previously thought possible,” said Mr. French. “We have built a powerful platform to help build the brands of athletes and celebrities.”

For now, the offering is trying to capitalize on the immense popularity of the National Football League and fantasy football, in which fans to pick individual players and get points for touchdowns, interceptions and other notable plays.

Fantex also calls to mind other unusual investments tied to celebrities. In the late 1990s, a financier created “Bowie Bonds,” a small bond deal that paid interest from the current and future revenues of 25 albums by the rocker David Bowie. The brokerage Cantor Fitzgerald runs the Hollywood Stock Exchange, a marketplace for bets on the fortunes of movies and their stars. But a real Hollywood exchange has never gotten off the ground, and bettors only use play money.

Nothing about Fantex is make believe. As of Thursday, investors can register with the company, finance their accounts with cash and place orders for shares in the Adrian Foster I.P.O. The offering plans to sell about $10.5 million worth of stock, representing a 20 percent interest in Mr. Foster’s future brand income. Mr. Foster will pocket $10 million; the balance will cover the costs of the deal.

Unlike many esoteric Wall Street investments that are available only to so-called high net-worth individuals, the Fantex offering is available to United States residents 18 years and older, with a minimum investment of $50. There are some restrictions. For instance, investors with annual incomes of $50,000 to $100,000 may only invest up to $7,500 in the offering. Individual state securities laws might also place further limits and who can invest, Mr. French said.

Fantex will market the Foster I.P.O. in the coming weeks, offering 1.06 million shares at $10 a share. No one can own more than 1 percent of the offering, ensuring that it’s available to a number of investors. If demand is less than the number of shares being offered, Fantex may cancel the deal.

But if it proves successful, Mr. Foster’s tracking stock will then trade exclusively on a exchange operated by Fantex. Presumably, the tracking stock will increase in value if Mr. Foster’s raises his earnings potential with standout on-the-field performance or increased corporate sponsorships. Then, the investor can try to sell his shares at a higher price. Fantex will make one percent commission from both the buyer and seller on the trades.

Mr. French, the company’s chief executive, demurred when asked to predict how the stock might behave in a secondary market.

“We don’t know how it will trade,” Mr. French said.

A graduate of West Point and Harvard Business School, Mr. French made a fortune during the dot-com boom when, in 2000, he sold OnLink, a software company he founded and ran, to Siebel Systems for about $600 million. One of his Fantex co-founders, David Beirne, was a general partner at Benchmark Capital, the venture capital firm that was one of eBay’s earliest investors.

Mr. French said that it was Mr. Beirne who conceived of the Fantex concept more than a decade ago when he backed MVP.com, a sports e-commerce venture. At MVP.com, Mr. Beirne worked closely with several pro athletes, including John Elway, the former Denver Broncos quarterback and a member of Fantex’s board of directors.

“Fantex represents a powerful new opportunity for professional athletes, and I wish it were available during my playing days,” Mr. Elway said in a statement.

Wall Street executives have also joined the start-up. Fantex’s president is John Rodin, co-president of the hedge fund Glenview Capital Management and a Goldman Sachs alumnus. Its chief technology officer is Josh Levine, a former senior executive at E*Trade, Deutsche Bank and Morgan Stanley.

The company has already jumped through several legal hoops. The company, based in San Francisco, has filed its registration statement for the I.P.O. with the Securities and Exchange Commission. It has also established Fantex Brokerage Services, a registered broker-dealer trading platform that will serve as the marketplace of buying and selling the tracking shares of athletes.

It is unclear what the N.F.L. or any of the professional sports leagues will think of Fantex. Mr. French said that while the company had discussed its business model with the N.F.L. players’ union, it has not spoken with league officials. In Fantex’s view, Mr. French said, the N.F.L. has no say over whether a player can sell a stake in his brand to outside investors.

Also not known is if there are other athletes on the sidelines awaiting their turn at an I.P.O., and Mr. French declined to say. On one hand, athletes and their agents could view Fantex as a compelling proposition, as it would allow the athletes to receive an upfront payment by giving up a certain percentage of their future earnings. Such a payment could act as a hedge against a career-ending injury or a performance slump.

But advisers could counsel against trading a piece of their future earnings for a large payment, as professional athletes are notorious for squandering their money with their spendthrift ways.

Fantex could do worse with Mr. Foster as its debut offering. One of the top running backs in the National Football League, he is popular not only with Houston Texans fans, but with fantasy football players. In recent years, Mr. Foster has been a top draft pick in fantasy leagues because of his potential for big touchdown totals and yardage.

A fifth-year veteran from the University of Tennessee, Mr. Foster, 27, has led all running backs in rushing touchdowns in two of the past three seasons, while racking up well over 1,000 yards each year. In March 2012, Houston was said to sign Mr. Foster to a contract worth up to $43.5 million over 5 years. Half Mexican-American, half black, Mr. Foster is a crowd favorite and media darling who trumpets his passions for poetry and yoga. When he scores, he clasps his hands together and bows a “namaste” pose.

“We see Arian as a unique, multidimensional individual, a trailblazer,” Mr. French said.

Yet during the first six weeks of this season, Mr. Foster’s production has flagged, scoring just one rushing touchdown. And there had been some uncertainly surrounding Mr. Foster coming into the year, as he was hampered with calf and back injuries during the offseason. Last February, he also had to bat down rumors of a heart condition.

Those issues underscore the risk of betting on Mr. Foster’s brand, or that of any professional athletes, especially N.F.L. players.

Unlike some other sports, N.F.L. contracts often aren’t fully guaranteed, meaning players are often cut and forced to find a new team, sometimes for a lesser contract. Injuries are plentiful, unpredictable, and can severely crimp the value of a player’s brand. The shelf life of an N.F.L. player can be short. An injury or a few subpar games can land a player on the bench, making way for a teammate to take their spot on the field. Sometimes, when a job is lost, it is difficult to find a new one.

For investors, the long-term outlook for a player will be difficult to handicap. And if a player’s fortunes suffer and the tracking stock declines, there will be no rescue financing from a private equity firm, or a Warren Buffett type, that would stabilize the share price.

And unlike a stockholder of a public company, investors have no corporate governance rights. There aren’t any plans to hold annual meetings with the athlete, or quarterly conference calls to discuss how that hamstring tear is healing, or how negotiations with Nike are coming along.

“The offering is highly speculative and the securities involve a high degree of risk,” says the company in its marketing materials.

“Investing in a Fantex Inc. tracking stock should only be considered by persons who can afford the loss of their entire investment.”



Man Group Reports Net Inflows Again

LONDON - The Man Group, the world’s largest publicly traded hedge fund, reported Thursday its first quarterly net money inflows in two years, as clients became more confident about a global economic recovery.

Net inflows were $700 million during the three months until the end of September, including fund investments of $4.1 billion and redemptions of $3.4 billion, the firm said. Clients poured more money into funds at the company’s GLG Partners unit while AHL, the company’s largest fund, continued to struggle.

“Inflows were linked primarily to stronger performance in the first half of the year and were characterized by sizeable asset flows from certain customers, albeit into relatively low margin products,” Manny Roman, chief executive officer, said in a statement.

The London-based hedge fund had been suffering from client withdrawals in recent years after the performance of some larger funds during the financial crisis lagged rivals. Mr. Roman, who took over as chief executive in February, announced far-reaching cost cuts.

Man Group said Thursday that the cost reductions announced in August would result in $90 million of pretax charges that would affect the company’s figures in the second half of this year. The company agreed to sublet its London headquarters and reduce its staff numbers.

Mr. Roman also gave a cautious outlook for money inflows in the future, citing uncertainty in the global economic environment. Assets under management at the company rose to $52.5 billion on Sept. 30, up slightly from $52 billion three months earlier.



Man Group Reports Net Inflows Again

LONDON - The Man Group, the world’s largest publicly traded hedge fund, reported Thursday its first quarterly net money inflows in two years, as clients became more confident about a global economic recovery.

Net inflows were $700 million during the three months until the end of September, including fund investments of $4.1 billion and redemptions of $3.4 billion, the firm said. Clients poured more money into funds at the company’s GLG Partners unit while AHL, the company’s largest fund, continued to struggle.

“Inflows were linked primarily to stronger performance in the first half of the year and were characterized by sizeable asset flows from certain customers, albeit into relatively low margin products,” Manny Roman, chief executive officer, said in a statement.

The London-based hedge fund had been suffering from client withdrawals in recent years after the performance of some larger funds during the financial crisis lagged rivals. Mr. Roman, who took over as chief executive in February, announced far-reaching cost cuts.

Man Group said Thursday that the cost reductions announced in August would result in $90 million of pretax charges that would affect the company’s figures in the second half of this year. The company agreed to sublet its London headquarters and reduce its staff numbers.

Mr. Roman also gave a cautious outlook for money inflows in the future, citing uncertainty in the global economic environment. Assets under management at the company rose to $52.5 billion on Sept. 30, up slightly from $52 billion three months earlier.



Goldman Quarterly Profit Flat, but Beats Estimates

Goldman Sachs, hit by a drop in trading on certain desks, posted a third-quarter profit of $1.52 billion, largely flat from the same period a year ago.

Despite the difficult markets, Goldman kept a tight control of its expenses in the quarter. Its $2.88 a share profit managed to slightly beat its performance of $2.85 a share in the year-ago period. The per-share results were also well ahead of expectations of $2.43 a share, according to analysts polled by Thomson Reuters.

Revenue in the quarter fell to $6.72 billion, down about 20 percent from $8.35 billion in the year-ago period. Analysts were forecasting revenue of $7.36 billion. The company said its operating expenses in the third quarter were $4.56 billion, 25 percent lower than the same period in 2012.

“The third quarter’s results reflected a period of slow client activity,” said Lloyd C. Blankfein, Goldman’s chairman and chief executive, said in a statement. “Still, we saw various signs that our clients are prepared to act on significant transactions and we believe that the firm is well positioned to help our clients accomplish their objectives.”

Mr. Blankfein also signaled that the resolution of the fiscal impasse would bode well for clients. “As longer term U.S. budget issues are resolved, we could see an improvement in corporate and investor sentiment that would help lay the basis for a more sustained recovery,” he said.

The firm also increased its dividend by 5 cents, to 55 cents.



Morning Agenda: Investors Fear the Next Political Battle

Investor relief on Wednesday at the last-minute agreement to raise the nation’s borrowing limit and end the government shutdown was tempered by the knowledge that the deal did not represent a permanent solution to the budget crises that have become more frequent in recent years, Nathaniel Popper reports in DealBook. Under the deal, the government will be financed through Jan. 15 and the Treasury will have borrowing powers until Feb. 7 â€" at which point sharp political divisions could re-emerge.

“I worry if this becomes a regular feature that all we can do is pass these three- or four-month fixes,” said Joe Kalish, the chief global macro strategist at Ned Davis Research. “If that’s going to be the case, it just puts this uncertainty into the market on a recurring basis.” For one day, though, investors breathed a little easier: the Standard & Poor’s 500-stock index was just shy of the nominal record it hit in September, and the short-term Treasury bills that were battered over the last two weeks were again popular.

Congressional Republicans conceded defeat on Wednesday, as the House and Senate approved last-minute legislation and President Obama signed the bill about 12:30 a.m. Thursday. “We’ve got to get out of the habit of governing by crisis,” Mr. Obama said. Even with the shutdown and the threat of default coming to an end, economists estimate that the cost of Congress’s gridlock has already run well into the billions of dollars, Annie Lowrey, Mr. Popper and Nelson D. Schwartz report in The New York Times.

MARK CUBAN WINS INSIDER TRADING CASE  | A jury cleared Mark Cuban, the billionaire owner of the Dallas Mavericks basketball team, of wrongdoing on Wednesday, delivering him a victory in the Securities and Exchange Commission’s insider trading case against him, Ben Protess and Lauren D’Avolio report in DealBook. For the S.E.C., which was hoping to build on the momentum it gained from the recent trial win against Fabrice Tourre, a former Goldman Sachs trader, the loss could reignite concerns about the agency’s struggles in the courtroom.

But the S.E.C. played down the significance of the verdict. “We respect the jury’s decision,” John Nester, the agency’s spokesman, said in a statement. “While the verdict in this particular case is not the one we sought, it will not deter us from bringing and trying cases where we believe defendants have violated the federal securities laws.”

ACTIVIST INVESTOR URGES DARDEN TO BREAK UP  | Darden, the owner of restaurant chains including Olive Garden and Red Lobster, is facing pressure from the activist hedge fund Barington Capital, which wants to break the company into as many as three separate businesses, according to a letter sent to its board last month that was reviewed by The New York Times, DealBook’s Michael J. de la Merced and Alexandra Stevenson report. The plan includes separating Olive Garden and Red Lobster from faster-growing brands like LongHorn Steakhouse and the Capital Grille, and it encourages the company to consider either selling its real estate and leasing it or to spin off its holdings into a publicly traded real estate investment trust.

ON THE AGENDA  | Goldman Sachs reports earnings at 7:30 a.m., with a conference call at 9:30 a.m. The Blackstone Group also reports earnings this morning, while Google announces results this evening. Dell holds its annual meeting in Round Rock, Tex. Al Gore is on Bloomberg TV at 11 a.m.

GREEK BANKING CHIEF DRAWS SCRUTINY  | Georgios A. Provopoulos, the governor of the Bank of Greece, “faces one of the bigger challenges of his tumultuous reign: an investigation into whether he abused his position by clearing a banking deal involving his former employer and a business magnate who was subsequently charged with embezzlement and fraud,” Landon Thomas Jr. reports in The Times. “In a confidential report issued last May, a senior Greek prosecutor said that Mr. Provopoulos approved the 71 million euro ($96 million) deal despite warnings from his staff regarding the buyer’s finances. The report, parts of which were reviewed by The New York Times, hints at the scope of the investigation, about which little has been previously disclosed.

“There is no evidence that Mr. Provopoulos profited personally from the transaction, which was ultimately approved. But his role â€" and the chance, however remote, that he might face criminal charges â€" could have ramifications beyond Greece.”

Mergers & Acquisitions »

Jos. A. Bank Chairman Says Big Shareholders Support Deal  |  Though Men’s Wearhouse rejected an unsolicited takeover offer from Jos. A. Bank Clothiers, the chairman of Jos. A. Bank, Robert Wildrick, said that a majority of the shareholders that own stakes in both companies “are strongly in favor of the proposal,” Reuters reports. REUTERS

STK Steakhouse to Go Public Through Merger  |  The owner of the STK steakhouse chain, One Group, “is merging with a so-called blank-check company in a deal that will take the chain public overnight, according to people familiar with the matter,” The Wall Street Journal reports. WALL STREET JOURNAL

América Móvil Drops Bid for KPNLatin American Telecom Drops Bid for KPN  |  The Latin American telecommunications giant América Móvil, controlled by Carlos Slim Helú, was effectively blocked by a foundation that exercised an option giving it a nearly 50 percent stake in KPN. DealBook »

Dutch Cable Company Rejects Liberty Global’s Buyout OfferDutch Cable Company Rejects Liberty Global’s Buyout Offer  |  Ziggo, the largest provider of cable television services in the Netherlands, said on Wednesday that the proposal was “inadequate.” DealBook »

Sum Worth More Than the Parts in Advance Auto Deal  |  Advance Auto thinks it can wring $160 million of annual savings from combining with its rival. The current value of these savings, when taxed and capitalized, should be worth around $1 billion, Robert Cyran of Reuters Breakingviews writes. REUTERS BREAKINGVIEWS

When a Fashion House Relies on a Single Brand  |  The heavy reliance of LVMH on Louis Vuitton “could be an issue for some time to come,” The Wall Street Journal’s Heard on the Street column writes. WALL STREET JOURNAL

INVESTMENT BANKING »

Mortgage Settlement Report Finds Banks Giving Timely Relief  |  But the number of households helped by the $25 billion national mortgage settlement has fallen short of the original predictions, and critics said too much relief was given to people who gave up their homes in short sales and not enough to help people retain their homes, The New York Times reports. NEW YORK TIMES

Black Marks Routinely Expunged From Brokers’ Records, Report FindsBlack Marks Routinely Expunged From Brokers’ Records, Report Finds  |  A report released on Wednesday suggests that Wall Street brokers were almost always successful when they asked to have black marks erased from their records. DealBook »

Spanish Bank Sells Stake in Citic for $1.3 Billion  |  The Spanish bank Banco Bilbao Vizcaya Argentaria raised about $1.3 billion from a sale of its 5.1 percent stake in China Citic Bank, Bloomberg News reports. BLOOMBERG NEWS

BlackRock’s Profit Rose 14% in Third QuarterBlackRock’s Profit Rose 14% in Third Quarter  |  Laurence D. Fink’s money management firm is now managing a record $4 trillion after customers put more money into its stock mutual funds and exchange traded funds. DealBook »

Warren Buffett on Driving Violations, Baseball and Jamie DimonBuffett on Driving Violations, Baseball and Jamie Dimon  |  Warren E. Buffett offers an unusual defense of Jamie Dimon, comparing the billions of dollars that JPMorgan Chase has paid in fines to state troopers handing out a speeding ticket. DealBook »

PRIVATE EQUITY »

Toys ‘R’ Us Finds a New Leader  |  Antonio Urcelay, who had served as interim chief executive of Toys ‘R’ Us since May, is assuming that role on a full-time basis. Toys ‘R’ Us, which was taken private in 2005, also hired an executive to run its United States business. REUTERS

HEDGE FUNDS »

A Default Play Appears Too Risky for Hedge Funds  |  The hedge fund industry’s many larger-than-life billionaires have made names for themselves by making bold bets, but they did not seem to be playing the angles in the political impasse over the federal debt ceiling. DealBook »

I.P.O./OFFERINGS »

Twitter Hires Google Ad Executive as Head of Retail  |  J.J. Hirschle, who has directed media and entertainment advertising at Google, is joining Twitter to run the group selling advertising to retail companies, as the social network gets ready for an initial public offering, Bloomberg News reports. BLOOMBERG NEWS

Big Payday for Twitter’s Venture Capital Backers  |  Two of three venture capital firms holding Twitter shares are expected to “more than double their entire fund based on just one investment” when Twitter goes public, Fortune’s Dan Primack writes. FORTUNE

Rice Energy Said to Plan I.P.O.  |  The natural gas exploration and production company Rice Energy “is planning for an initial public offering that could value the company at as much as $2.5 billion, according to people familiar with the matter,” Reuters reports. REUTERS

VENTURE CAPITAL »

Founder of eBay to Back New Media Venture  |  The technology billionaire Pierre M. Omidyar, who founded eBay, said he plans to personally finance a new “mass media” venture, where he will be joined by the journalist Glenn Greenwald of The Guardian. NEW YORK TIMES

LEGAL/REGULATORY »

A Regulator Cuts Its New Teeth on JPMorgan in ‘London Whale’ Case  |  Wall Street is feeling the effects of a Commodity Futures Trading Commission rule it fought hard to tame. DEALBOOK

Fed Said to Weigh New Requirement for Banks’ Commodities Businesses  |  Officials at the Federal Reserve “are considering imposing a new capital surcharge on Wall Street banks that own oil pipelines, metals warehouses and other lucrative physical-commodities assets, according to people familiar with the matter,” The Wall Street Journal reports. WALL STREET JOURNAL

Bernanke Does Not Need to Testify in A.I.G. Case, Judge Says  |  The ruling from the United States Court of Appeals for the Federal Circuit overturned a lower court decision in July that said Ben S. Bernanke, the Fed chairman, should testify in a case brought by a former chief of the American International Group. REUTERS

Knight Capital to Pay $12 Million Fine on Trading ViolationsKnight Capital to Pay $12 Million Fine on Trading Violations  |  Knight Capital’s settlement with the S.E.C. stems from a wave of accidental stock orders on Aug. 1, 2012, that reverberated through the market and resulted in a $460 million loss for the trading firm. DealBook »

Britain Starts Formal Inquiry of Currency Trading  |  The Financial Conduct Authority, which has been looking into accusations of market manipulation since June, said it was working with other agencies in Britain and abroad to gather information. DealBook »

2 Top Executives Are Ousted at Troubled Brazilian Oil Firm2 Top Executives Are Ousted at Troubled Brazilian Oil Firm  |  Eike Batista’s petroleum company OGX announced the management shake-up in a filing with Brazil’s securities and exchange commission. DealBook »

New York Attorney General Names Investor Protection Chief  | 
REUTERS