Showing posts with label Business. Show all posts
Showing posts with label Business. Show all posts

Ex-directors of Satyam win ruling in U.S. class-action suit






NEW YORK (Reuters) – A U.S. federal judge dismissed claims against seven former directors of Satyam Computer Services Ltd in shareholder lawsuits stemming from the massive fraud at the heart of India‘s largest corporate scandal.


U.S. District Judge Barbara Jones in New York ruled on Wednesday the lawsuits failed to allege that the ex-directors recklessly failed to discover the fraud, which came to be known as “India’s Enron.”






The lawsuits center on the revelation by Satyam’s founder and former chairman, Ramalinga Raju, that what had been India’s fourth-largest outsourcing firm had for several years inflated its revenue, income and cash balances by more than $ 1 billion.


In her decision Wednesday, Jones said the allegations primarily focused on the actions of a small group of insiders, reinforcing an inference the audit committee’s members “were themselves victims of the fraud.”


Lawyers for the directors welcomed the decision.


“It was truly unfortunate that these directors, diligent individuals of the highest integrity, were ever named as defendants,” said Irwin Warren, a lawyer for five of the seven directors involved in the case.


Gordon Atkinson, a lawyer for former board member Vinod Dham, in an email said the decision would hopefully help vindicate his client and the other outside directors, “who were themselves victims of the Satyam fraud, not perpetrators or otherwise responsible for it.”


Lawyers for the plaintiffs did not respond to requests for comment.


Satyam shareholders began filing lawsuits in 2009 after the scandal broke.


In 2011 Satyam, now called Mahindra Satyam Ltd, and its auditor, PricewaterhouseCoopers, agreed to pay $ 125 million and $ 25.5 million, respectively, to settle claims filed by shareholders.


That same year, Satyam and PwC agreed to pay a combined $ 17.5 million to settle claims made by the U.S. Securities and Exchange Commission and Public Company Accounting Oversight Board.


The 2011 settlements did not include Satyam’s former directors, who continued to litigate the case that ultimately ended in Wednesday’s ruling.


In her ruling, Jones also said the investors could not file claims arising from stock purchases made on the National Stock Exchange of India, citing a 2010 U.S. Supreme Court case restricting investor claims in U.S. courts involving stocks bought on overseas exchanges.


Investors had also filed claims involving Satyam American depositary shares, which were not impacted by the Supreme Court ruling.


The lead plaintiffs include Public Employees’ Retirement System of Mississippi, Mineworkers’ Pension Scheme, SKAGEN AS and Sampension KP Livsforsikring A/S.


Jones also dismissed claims brought by a former Satyam employee on behalf of employees who exercised stock options. The judge also voided claims on jurisdictional grounds against two companies owned by the Raju family – Maytas Infra Ltd. and Maytas Properties.


Adam Finkel, a lawyer for Maytas Properties, in an email said his clients were pleased with the decision.


The case is In re Satyam Computer Services Ltd. Securities Litigation, U.S. District Court, Southern District of New York, 09-2027.


(Reporting By Nate Raymond in New York; Editing by Matt Driskill)


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California’s New Laws Try to Do What Congress Couldn’t






On the eve of 2013, state officials are busy readying for tens of thousands of new laws that go into effect on the first day of the year. The nation’s most populous state, California, is  serving as a laboratory for several legislative measures, embarking on a number of policy experiments that were too controversial to be implemented on the national scale.


At the top of that list is California’s cap and trade program for greenhouse gases. Starting January 1, large power plants and industrial facilities in the state will have to either lower their emissions or be forced to buy credits at auction. The credits, called allowances, make the cost of polluting more expensive. Federal cap-and-trade legislation failed in Congress in 2009.






California is also pressing ahead with its own version of the Dream Act. The Dream Act would have granted a path to citizenship for illegal immigrants under age 30 who came to the U.S. before they were 16, finished high school, and don’t have criminal records. The legislation languished in Congress for years, and was blocked by Republicans when it came to a vote in 2010. Hoping to score points with Hispanics in the run-up to the presidential election, President Obama initiated a short-term workaround in the form of a two-year waiver program for this group. On January 1, California will go further than the federal government, by allowing these young people to receive financial aid from state universities, according to the National Conference of State Legislatures.


Meanwhile, some Southern states continue to tighten immigration laws. Louisiana, Tennessee, South Carolina and Georgia will now require private employers to enroll in the federal E-Verify program, an optional online system that checks whether potential hires are eligible to work in the U.S. The laws aren’t likely to have much practical effect because the program is so easily defrauded.


California, not surprisingly, has gone in the opposite direction. Starting Jan. 1, the state will prohibit local officials from requiring employers to use E-Verify unless the federal government mandates it. Employers in California will also be hamstrung by a new consumer protection law that prohibits them from using a credit report to evaluate job candidates.


The election may be over, but a number of controversial voter ID laws will take effect on Tuesday. According to the National Conference of State Legislatures, new laws requiring voters to present photo IDs will go into effect in Kansas, Rhode Island, Tennessee and Texas. Tennessee will require election official to identify possible non-citizens who are registered to vote and require them to present proof of citizenship at the polls.


Those troubled by the idea that states are moving in opposite directions on big questions of national policy might take some comfort in that rumor that Congress plans to debate immigration reform this spring. But if the fiscal cliff fight is any indicator, the debate promises to be a long slog, and lawmakers may end up with nothing to show for it.


Businessweek.com — Top News





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U.S. heading off ‘fiscal cliff’ despite Senate efforts






WASHINGTON (Reuters) – The United States was headed over the “fiscal cliff” – at least temporarily – at midnight on Monday as time was running out for lawmakers to back a last-minute deal between the White House and Senate leaders to avert severe tax increases and spending cuts.


After months of fruitless argument between Republicans and Democrats, the White House and Senate reached an agreement that would delay harsh spending cuts by two months, administration sources said.






The Senate might hold a rare New Year’s Eve vote on the plan worked out between Biden and Republican Minority Leader Mitch McConnell, but the House of Representatives is unlikely to get around to it until Tuesday at the earliest.


That would mean Congress failed to meet its own deadline to avert the “fiscal cliff,” some $ 600 billion of tax hikes and spending cuts due to kick in on Tuesday.


The fiscal measures could push the U.S. economy into recession and roil global financial markets. But the damage would not be severe if lawmakers can at least finalize a deal in the coming days.


House approval is unsure as many of the Republicans who control the chamber complain that President Barack Obama has shown little interest in cutting government spending to try to reduce the U.S. budget deficit.


House Republicans are also likely to balk at planned tax hikes on the wealthy that were part of the agreement negotiated by Biden.


As New Year’s Day approached, members were thankful that financial markets were closed, giving them a second chance to return on Tuesday to try to blunt the worst effects of the fiscal mess.


Despite the New Year’s Eve deadline, there is no major difference whether a law is passed on Monday night, Tuesday or Wednesday. Legislation can be backdated to January 1, for instance, said law firm K&L Gates partner Mary Burke Baker, who spent decades at the Internal Revenue Service.


“This is sort of like twins and one being born before midnight and one being born after. I think the date that matters is the day president signs the legislation,” she said.


House Republicans wished each other “Happy New Year” and left the Capitol building, but their leaders told them to avoid too much New Year partying and be available for a vote on Monday night if needed.


“We were encouraged to stay close to the Capitol and in a good state of mind,” said Representative Steven LaTourette of Ohio.


The House was to convene on Tuesday at noon (1700 GMT).


(Additional reporting by Mark Felsenthal, and Rachelle Younglai; Writing by Alistair Bell and Peter Cooney)


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Washington pushes United States to edge of “fiscal cliff”






WASHINGTON (Reuters) – Lawmakers pushed the country to the edge of the “fiscal cliff” on Sunday as they struggled to reach a last-minute deal that could protect the world’s largest economy from a politically induced recession.


Democratic and Republican leaders in the Senate had hoped to clear the way for swift action that would avert sweeping tax increases and spending cuts due to kick in on Tuesday.






But with the two sides still at loggerheads in talks, Senate Democratic leader Harry Reid postponed any possible votes and the Senate adjourned until Monday, leaving mere hours to pass any deal that may emerge through both chambers of a bitterly divided Congress.


“There are still significant differences between the two sides,” Reid said on the Senate floor.


Behind closed doors, the parties kept seeking a way to bridge deep divides over taxes and spending. But even if a deal emerges in the coming hours, under Senate rules any one of the 100 senators could prevent the chamber from acting quickly.


Prospects are also uncertain in the House of Representatives, where dozens of conservative Republicans could oppose any deal that includes a tax increase on the nation’s wealthiest households.


As the hours ticked away, it appeared increasingly likely that Washington’s failure to act would deliver a $ 600 billion hammer blow to the fragile U.S. economic recovery.


“Something has gone terribly wrong when the biggest threat to the American economy is the American Congress,” said Democratic Senator Joe Manchin of West Virginia.


Americans could see a bigger bite taken out of their paychecks starting on Tuesday as payroll and income tax cuts expire, while 2 million unemployed Americans could see their jobless benefits run out. Government contractors might be forced to lay off employees as $ 109 billion in automatic spending cuts kick in, and businesses could lose tax breaks for everything from wind power to research and development.


The uncertainty has weighed on financial markets and forced businesses to slow hiring and investment. Market participants braced for more turbulence on Monday.


“I believe investors will show their displeasure tomorrow by selling stocks if there is no deal,” said Mohannad Aama, managing director at Beam Capital Management in New York.


Though corporate chieftains have lobbied lawmakers to show flexibility, Congress also faces pressure from an array of interest groups urging them not to compromise core principles.


Conservative groups have warned Republicans that a vote to increase any taxes could be held against them, while liberal and labor groups have pressed Democrats to resist any benefit cuts to popular retirement and health programs.


Lawmakers may find it easier to act once the country goes over the “fiscal cliff” on January 1, as any new legislation can then be portrayed as a tax cut rather than a tax increase.


POINTS OF DISAGREEMENT


Republicans floated a proposal on Sunday to slow the growth of Social Security retirement benefits by changing the way they are measured against inflation, but they backed away after Democrats said they would not consider it.


Still, there were disagreements over all the major aspects of the negotiation.


Buoyed by his re-election in November, Obama has insisted that any deal must include a tax increase on the wealthiest Americans, who have seen their earnings rise steadily over the past decade at a time when income for the less affluent has stalled.


Many conservative Republicans in the House of Representatives oppose a tax hike on anyone, no matter how wealthy.


Obama has proposed raising income taxes on households that earn more than $ 250,000, but Republicans pushed to set the threshold between $ 400,000 and $ 500,000. Republicans also were resisting a Democratic proposal to raise inheritance taxes on the wealthiest estates.


Republicans were looking for new reductions to replace the looming spending cuts, which would fall equally on military and domestic social programs. Democrats say the increased taxes on the wealthy would generate enough revenue to offset those cuts.


Senate Republican leader Mitch McConnell talked several times to Vice President Joe Biden by phone in the hope of breaking the stalemate.


“I’m willing to get this done, but I need a dance partner,” McConnell said.


In a rare appearance on NBC’s “Meet the Press,” Obama accused Republicans of rejecting significant compromises several times already. He said he would try to reverse the tax hikes for most Americans if Congress fails to act.


“If people start seeing that on January 1st this problem still hasn’t been solved … then obviously that’s going to have an adverse reaction in the markets,” he said.


House Speaker John Boehner rejected Obama’s accusations that his fellow Republicans were not being amenable to compromise.


“The president’s comments today are ironic, as a recurring theme of our negotiations was his unwillingness to agree to anything that would require him to stand up to his own party,” he said in a statement.


(Additional reporting by David Gaffen, Thomas Ferraro, Rachelle Younglai, Jeff Mason and Emily Stephenson; Writing by Andy Sullivan; Editing by Alistair Bell and Christopher Wilson)


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Berlusconi says Monti plotting with Italy’s center left






ROME/MILAN (Reuters) – Silvio Berlusconi said on Saturday that outgoing Prime Minister Mario Monti was plotting with the left in his centrist alliance’s bid to win Italy‘s national election in February, but centrist leaders denied any secret accord.


Monti, who replaced Berlusconi as prime minister last year when Italy was scrambling to avert a financial crisis, said on Friday he wanted to unite a broad coalition of factions around a reform agenda aimed at easing the country’s economic woes.






Monti ended weeks of speculation when he confirmed his bid for a second term, pitting him against the center-left Democratic Party (PD) and Berlusconi’s center-right People of Freedom (PDL) party in a three-way contest.


Speaking to reporters at Milan Central railway station, Berlusconi said Monti wanted to help the left secure power after the February 24-25 election so he could continue his austerity agenda of tax hikes and spending cuts.


“This grouping has been formed to favor the left – also the similarities with the left’s programme points in this direction,” he said, after earlier describing Monti as “the spare wheel” of the PD in an interview with Vista TV.


The 76-year-old billionaire, who caught the train from Rome with his 27-year-old partner, Francesca Pascale, said he did not believe Italian voters would “fall into the trap”, which he said was aimed at stealing votes from the center right.


But Pier Ferdinando Casini, head of Italy’s oldest and largest centrist party, the UDC, which is cooperating with Monti, denied the accusations.


“Our initiative was not born with the support of the PD. It has not been started with a predetermined alliance … until election day what’s important is aiming for the majority,” Casini said at a news conference on Saturday.


“PHASE OF RESPONSIBILITY”


Opinion polls suggest the PD, under Pier Luigi Bersani, will win a comfortable lower house majority but may have to strike a deal with centrist forces in the Senate, where the center left has struggled to gain control in past elections.


The PD, which has pledged to maintain Monti’s broad reform course while putting more emphasis on jobs and growth, has urged the 69-year-old technocrat to clarify the approach the centrist forces will take towards the left.


“Will they present themselves as alternatives, as rivals, or as open to an alliance?” Bersani asked on SkyTG24 television on Friday, saying that the center left would be open to discuss an accord when Monti’s position is clear.


Monti, a former European Commissioner, is a favorite with international investors, the Catholic Church and the business establishment, and has been widely credited with restoring Italy’s credibility after the scandal-plagued Berlusconi years.


“For the first time, an atmosphere is forming that points towards the future for a Europe that needs Italy and a country that wants to change deeply,” centrist leader Casini said on Saturday.


“As of yesterday, we are putting behind us the empty electoral promises, populism, demagoguery, fake assurances; a phase of responsibility is beginning,” he said.


Also on Saturday, Italian magistrate Antonio Ingroia officially announced he was joining the election race, and backers of his anti-corruption, law-and-order platform said it was time for both Monti and Berlusconi to step aside.


“We can’t give them back the keys to the country,” said Felice Belisario from the opposition Italy of Values party, which said it supported Ingroia’s candidacy for prime minister.


“Both have ruined Italy and have only acted in the interests of themselves and their friends at the expense of Italian citizens,” Belisario said in a statement.


The PD has so far maintained a tone of polite respect for Monti, in contrast to Berlusconi’s attacks on his “Germano-centric” austerity policies, which he blames for deepening a severe recession and fuelling record unemployment.


The media tycoon said on Saturday he was disappointed that Monti had made a bid for a second term because the economics professor had told him he would not use the exposure gained as an unelected technocrat for future political motives.


He said if the center-right won the election he would launch an investigation into Monti’s ascent to power.


Later on Saturday Berlusconi met leaders of the Northern League, his former government allies. He told reporters following the meeting that he remained hopeful for a possible alliance but the PDL was still not convinced on some points.


PDL secretary Angelino Alfano said on Twitter that the disagreements could lead to the PDL and the Northern League heading their separate ways at the next election.


(Editing by Louise Ireland)


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A surprisingly good vintage as market logs gains






NEW YORK (AP) — If you’d told investors what was going to happen in 2012 — U.S. economic growth at stall speed, an intensifying European debt crisis, a slowdown in China, fiscal deadlock in Washington, decelerating corporate earnings growth — and asked how the stock market would perform, few would have predicted a good year.


But that’s just what they got.






The Dow Jones industrial average, the Standard & Poor’s 500 and the Nasdaq composite index will all end the year substantially higher, despite losing ground in the final days of year as concerns about the looming “fiscal cliff” mounted.


The Dow is on track for a 7 percent increase, its fourth yearly gain in a row, having started the year at 12,217. The S&P 500, which started the year at 1,257, is up 12 percent, beating the 7.8 percent average annual gain of the past 20 years. The Nasdaq also logged a better-than-average gain, 14 percent.


Those returns were higher when dividend payments were taken into consideration. On that basis the Dow returned 10 percent, the S&P 500 index 15 percent and the Nasdaq 16 percent.


“There’s been a lot thrown at this market, and it’s proven to be very resilient,” said Gary Flam, a portfolio manager at Bel Air Investment Advisors in California. “Here we are at the end of the year, and it’s still relatively strong.”


Stocks started the year on a tear, with optimism about an improving job market and a broader economic recovery providing the backdrop to the S&P 500′s best first-quarter rally in 14 years.


The index advanced 12 percent by the end of March, closing the quarter at 1,408, its highest in almost four years, with financial companies and technology firms leading the charge. The Dow ended the first quarter at 13,212, logging an 8 percent gain.


Apple was one of the star performers of the first quarter and was probably the year’s most talked-about company.


The popularity of the iPhone and iPad led to staggering sales growth that helped push its stock up 48 percent to almost $ 600 at the end of March. Apple also announced a dividend and overtook Exxon Mobil as the U.S.’s most valuable company.


Investors’ optimism faded, though. The intensifying European debt crisis and concerns about the impact that it would have on global economic growth prompted a sell-off.


Within two months, by the start of June, U.S. stocks had given up the year’s gains. Borrowing costs for Spain surged and investors fretted over the outcome of Greek elections that had the potential to pull the euro currency bloc apart.


The outlook for growth in China, the world’s second-largest economy, also began to weigh on investors’ minds. Economic growth there slowed to 8.1 percent in the first quarter as export demand waned, and investors worried that it would keep falling.


The Dow fell as low as 12,101 June 4. The S&P dropped to 1,278 June 1.


The second quarter was also marred by Facebook’s initial public offering.


The stock sale was one of the most keenly anticipated initial public offerings in years, but investors didn’t “like” the $ 16 billion market debut. The social network priced its IPO at $ 38 per share, and the stock started to fall soon after the first day of trading on concern about the company’s mobile strategy.


Facebook closed as low as $ 17.73 on Sept. 4 before recovering some of the ground it lost.


Company earnings reports were also starting to make uncomfortable reading for investors. Earnings growth for S&P 500 companies fell as low as 0.8 percent in the second quarter, according to S&P Capital IQ data.


The stock market only recovered its poise after the European Union put together loans to bail out Spain’s banks on June 10 and the head of the European Central Bank, Mario Draghi, pledged to do “whatever it takes” to save the euro.


Speculation that the Federal Reserve was set to provide the economy with more stimulus to prevent it from slipping back into recession also bolstered stocks.


The rally even survived a blip when a software glitch at trading firm Knight Capital threw stock prices into chaos Aug. 1.


The firm said the problem was triggered by new trading software it installed. Erroneous orders were sent to 140 stocks listed on the New York Stock Exchange, causing sudden price swings and surging trading volume.


Apple launched the iPhone 5, the latest version of its smartphone, in September, and the company’s stock climbed to a record close of $ 702.10 on Sept. 19. That gave Apple a market value of $ 658 billion, and many analysts predicted more gains lay ahead.


By the time Fed Chairman Ben Bernanke announced Sept. 13 that the U.S. central bank would start a third round of its bond-purchase program, which is intended to push longer term interest rates lower and encourage borrowing and investment, the S&P 500 had surged 14 percent from its June 1 low. A day later, the index peaked at five-year high of 1,466. The Dow Jones reached its peak for the year of 13,610, Oct. 5.


As is often the case on Wall Street, investors “bought the rumor and sold the fact,” and quickly turned their attention to the challenges that lay ahead.


Analysts had also been cutting their outlook for growth in the final quarter of the year. At the start of the second quarter, estimated earnings growth for the period was 15.7 percent. That forecast had fallen to 3.4 percent by Dec. 27.


“One of the blessings that supported the stock market‘s moves in prior years was earnings growth,” said Lawrence Creatura, a portfolio manager at Federated Investors. “That’s true this year, but at a decelerating rate. It’s not gone unnoticed that earnings growth is slowing, and many forecasts now include a full stall.”


Apple‘s halo also began to slip in the final three months of the year. Its iPad Mini tablet, launched Nov. 2, met with lukewarm reviews, there were hints of unrest among its executive ranks. Investors began to fret that the intensifying competition in the smartphone market would crimp Apple‘s profits. The stock tumbled, and despite rallying in recent days is still down 27 percent from its September peak.


The year’s final twist came in Washington.


Stocks wavered ahead of a presidential election that at times seemed too close to call, and while President Barack Obama ultimately reclaimed the White House by a comfortable margin, the Republicans retained control of the House.


The divided government set the stage for a tense end to the year as Democrats and Republicans sought to thrash out a budget plan that would avoid the U.S. falling off the “fiscal cliff,” a series of tax hikes and government spending cuts that economists say would push the economy back into recession.


Initially, markets fell as much as 5 percent in the 10 days after the elections as investors worried that a divided government would not be able to agree on a budget plan to cut the U.S. deficit.


While the S&P 500 managed to recoup those losses by December on optimism that a deal would be reached, some investors are still urging caution. Any agreement will still be “ill-tasting medicine” to the economy, as it will almost certainly involve both spending cuts and tax hikes, says Joe Costigan, director of equity research at Bryn Mawr Trust Company.


“The question is, how much will the drag from the government be offset by business and personal spending,” says Costigan. “The market has reasonable expectations for growth priced in, so I don’t think we’re going to see a big run-up.”


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Consumer sentiment weakens as fiscal crisis looms






WASHINGTON (Reuters) – U.S. consumer confidence fell more than expected in December, hitting a four-month low as a looming fiscal crisis sapped what had been a growing sense of optimism about the economy.


The report heightened concerns that a failure by Washington to avert planned tax hikes and spending cuts could lead households to close their wallets, threatening an economic recovery that has been steady albeit lackluster.






Other data on Thursday highlighted the positive momentum building in the economy, with the number of Americans filing new claims for jobless benefits falling to a nearly 4-1/2 year low and new home sales hitting their highest level since April 2010.


But gauges of business sentiment have weakened recently on worries Washington will go forward with plans to slash the federal deficit by about $ 600 billion in 2013.


Now consumers also appear apprehensive, a sign worries about the so-called “fiscal cliff” could bite into household spending.


The Conference Board, an industry group, said its index of consumer attitudes fell to 65.1 from 71.5 in November.


A sub-index measuring how consumers feel about their present situation rose to its highest level in more than four years, but a gauge of sentiment about the future plunged to its lowest point in more than a year.


“Consumers are increasingly preoccupied with the potential damage the fiscal cliff will cause to the economy and to their wallets if a deal is not reached soon,” economists at RBS in Stamford, Connecticut, wrote in a research note.


Separately, the Labor Department said initial claims for state unemployment benefits dropped 12,000 last week to a seasonally adjusted 350,000, the Labor Department said.


“This recent improvement in the claims data is potentially a favorable signal for the labor market,” said Daniel Silver, an economist at JPMorgan in New York.


After spiking in the wake of a mammoth storm that ravaged the East Coast in late October, new claims have dropped to their lowest levels since the early days of the 2007-09 recession. The four-week moving average fell 11,250 last week to 356,750, the lowest since March 2008.


The claims data has no direct relation to the government’s monthly employment report, but it suggests the surge in layoffs since the recession has at least run its course.


Still, many economists think hiring may remain sluggish even as the pace of layoffs ease.


Companies in recent months have been adding to their payrolls at a lackluster pace, and analysts expect the employment report due on January 4 will show 143,000 jobs were created in December, down from 146,000 in November.


“A significant improvement in labor market conditions ahead of any resolution to the fiscal cliff is unlikely,” said Michael Gapen, an economist at Barclays in New York.


U.S. stocks opened flat but turned lower as the Senate Democratic leader derided Republicans for the lack of progress in budget talks and warned that a fall off the “cliff” appeared inevitable. Investors sought safety by buying U.S. Treasury debt and the dollar, which rose against the euro.


Following a truncated holiday break in Hawaii, U.S. President Barack Obama returned to Washington to restart talks to avoid the brunt of the fiscal cliff’s impact, which would likely put the U.S. economy back into recession if not lessened.


HOLIDAY CAVEAT


The signs of progress in the claims data also included a caveat, at least for the latest week.


Obama declared Monday a holiday for federal workers and many state offices followed suit and were unable to provide complete data for last week’s jobless claims. Data for 19 states was estimated, although 14 of those states submitted their own estimates, which tend to be fairly accurate.


The holiday season can make it more difficult to adjust the claims data for normal seasonal fluctuations, another reason to be cautious about the report for last week.


Separately, the Commerce Department said new U.S. single-family home sales rose in November to a 377,000-unit annual rate, while the median sales price jumped 14.9 percent from the same month in 2011, the latest signs the U.S. housing recovery is gaining some steam.


In a fourth report, the Chicago Federal Reserve Bank said its index of factory activity in the U.S. Midwest increased in November to 93.7 from a revised 92.2 in October.


(Reporting by Jason Lange; Additional reporting by Richard Leong and Ryan Vlastelica in New York; Editing by Neil Stempleman)


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Washington stirs for “fiscal cliff” talks as Obama heads home






WASHINGTON/HONOLULU (Reuters) – Efforts to prevent the U.S. economy from going over a “fiscal cliff” stirred back to life on Wednesday with less than a week to go before potentially disastrous tax hikes and spending cuts kick in at the New Year.


In a sign that there may be a way through deadlock in Congress, Republican House of Representatives Speaker John Boehner urged the Democrat-controlled Senate to act to pull back from the cliff and offered to at least consider any bill the upper chamber produced.






President Barack Obama will try to revive budget crisis talks – which stalled last week – when he returns to Washington on Thursday after cutting short his Christmas holiday in Hawaii.


But the White House and Republicans are still far apart, as hopes for legislation to prevent the economy from tumbling off the fiscal cliff switch to the Senate.


Democrats control a majority in that chamber but still need some support from Republicans across the aisle for a likely attempt to raise taxes on the wealthy.


A senior administration official told reporters traveling with Obama in Hawaii that senior Republican leaders in Congress, Senator Mitch McConnell and Boehner, should step up to head off the looming tax and spending hit.


“It’s up to the Senate Minority Leader not to block a vote, and it’s up the House Republican leader, the Speaker of the House … to allow a vote,” the official said.


Months of congressional gridlock on how reduce the deficit and rein in the nation’s $ 16 trillion federal debt have begun to affect ordinary Americans.


Shoppers might have spent less this holiday season for fear of looming income tax increases and reports of lackluster retail holiday sales added to the urgency for a deal. U.S. stocks fell on Wednesday, dragged lower by shares of retail companies.


TREASURY BUYING TIME


To avoid defaulting on the national debt if the budget crisis spins out of control, the Treasury Department announced measures essentially designed to buy time to allow Congress to resolve its differences and raise the debt borrowing limit.


Obama flies back from Hawaii overnight and is due in the White House on Thursday morning.


Starbucks Chief Executive Howard Schultz is urging workers in the company’s roughly 120 Washington-area coffee shops to write “come together” on customers’ cups on Thursday and Friday to tell politicians to end the crisis.


“We’re paying attention, we’re greatly disappointed in what’s going on and we deserve better,” Schultz told Reuters.


Boehner and his House Republican leadership team said in a statement that “the Senate must act first.”


That puts the ball in the court of the Democrats in the Senate, which is likely to base any legislation on a bill it passed earlier this year to continue tax breaks for households with incomes below $ 250,000.


A spokesman for Senate Majority Leader Harry Reid issued a strongly worded statement calling on Republicans to “drop their knee-jerk obstruction.”


“The Senate bill could pass tomorrow if House Republicans would simply let it come to the floor,” the spokesman said.


A Senate bill would likely contain an extension of expiring unemployment benefits for those who have been out of work for extended periods.


With the 435 members scattered throughout the country because the House is in recess, House Republican leaders scheduled a conference call for Thursday with members to possibly discuss bringing the chamber back into session to deal with the fiscal cliff.


The budget fight is not just about taxes, however.


The country faces $ 109 billion in across-the-board spending cuts starting in January unless a deal is reached to either replace or delay them. Democrats want to switch the spending cuts to tax increases for the most part.


House Republicans have passed a bill to stop the military portion of the spending cuts and place the entire burden on domestic activities, including some social safety net programs.


But the main focus is on how to stop tax hikes on January 1.


“This is the (emergency) scenario that we have long believed would rise in probability the closer we go to December 31, which essentially calls for extending all the rates for those individuals making under $ 200K and households under $ 250K and does not address the debt ceiling or the deficit,” analyst Chris Krueger of Guggenheim Securities wrote in a research note.


Republican Senator Kay Bailey Hutchison of Texas, who is retiring at year’s end, told MSNBC that $ 250,000 “is too low of a threshold” for raising income taxes.


RAISING TAX THRESHOLD


She said that in conversations she has had with some Senate Democrats, “they are saying maybe more in the $ 400,000 to $ 500,000 category.”


Obama himself recently offered to raise the threshold to $ 400,000, before negotiations with Boehner broke off.


Boehner and other Republican leaders said in a statement that if the Senate sends the House new fiscal cliff legislation, “The House will then consider whether to accept the bills … or to send them back to the Senate with additional amendments.


“The House will take this action on whatever the Senate can pass, but the Senate first must act.”


But even if a handful of Senate Republicans support Democrats on a measure to avoid the worst of the fiscal cliff, time is short. When the Senate returns on Thursday it is due to work on a disaster aid bill to help New York and New Jersey recover from Superstorm Sandy and other measures.


All 191 House Democrats might have to team up with at least 26 Republicans to get a majority if the bill included tax hikes on the wealthiest Americans, as Obama is demanding.


Some of those votes could conceivably come from among the 34 Republican members who are either retiring or were defeated in the November elections and no longer have to worry about the political fallout.


An alternative is for Congress to let income taxes go up on everyone as scheduled. Then, during the first week of January, lawmakers would strike a quick deal to reduce them except on people in the highest brackets.


They could also pass a measure putting off the $ 109 billion in automatic spending cuts that most lawmakers want to avoid.


Once the clock ticks past midnight on December 31, no member of Congress would have to vote for a tax increase on anyone – taxes would have risen automatically – and the only votes would be to decrease tax rates for most Americans back to their 2012 levels.


(Additional reporting by Thomas Ferraro in Washington and Lisa Baertlein in Los Angeles, Writing by Alistair Bell)


Economy News Headlines – Yahoo! News





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Visa and MasterCard Face a Fierce Rival in China






Among the myriad designer brands at the Harrods flagship store in London, Chinese housewife Li Yafang spotted a corporate logo she knows from back home: the red, blue, and green of UnionPay cards. “It’s very convenient,” said Li, 39, as a salesperson rang up a £1,190 ($ 1,920) Prada Saffiano Lux handbag.


With 2.9 billion cards in circulation—equal to 45 percent of the world’s total last year—UnionPay has grown into a payments processing colossus just 10 years after the company was founded. Now accepted in 135 countries, its share of global credit- and debit-card transaction volume for the first half of 2012 rose to 23.8 percent, propelling it to No. 2 behind Visa International (V), according to the Nilson Report, an industry newsletter. “UnionPay has absolute dominance in China, and it’s now expanding beyond that to become a top global player,” says James Friedman, an analyst at Susquehanna International Group. “Their numbers show they are already in the league of Visa and MasterCard (MA).”






2a523  mf unionpay52  01  405inline Visa and MasterCard Face a Fierce Rival in China


Yin Lian, UnionPay’s name in Mandarin, means “banks united,” which reflects its ownership structure. Its founding shareholders were 85 Chinese banks, led by the five biggest state-owned lenders. UnionPay’s top managers are former senior officials at the People’s Bank of China, the nation’s central bank. (The company would not make executives available for interviews.)


At home, the Shanghai-based firm enjoys a big competitive edge: The government requires that all automated teller machines and Chinese merchants use UnionPay’s electronic payments network to process payments in the local currency. The rule extends to Visa, MasterCard, and American Express (AXP), which typically give UnionPay a cut of each transaction. “We compete vigorously,” Jeff Liao, head of Visa China, wrote in an e-mail, though he noted that there has been cooperation on issues that affect the entire industry.


Taking up a trade complaint filed by the U.S., the World Trade Organization in July ordered China to stop discriminating against foreign payment companies, yet fell short of spelling out specific remedies. Says Susquehanna’s Friedman: “It’s difficult to say which side won after reading the WTO ruling, as you basically can’t tell what’s actually going to happen.”


China’s receivables from credit cards could rise 40 percent annually to reach 2.5 trillion yuan ($ 397 billion) by 2015, according to a 2011 report from Boston Consulting Group. Citing data presented at a UnionPay shareholders meeting, China Business News reported in April that the company’s revenue has more than tripled over the past four years, reaching 6 billion yuan in 2011, while profit increased almost elevenfold, to $ 1.07 billion yuan. The main driver of revenue growth has been debit cards: UnionPay had $ 2.1 trillion in debit-card transactions and credit-card volume of $ 660 billion last year, according to Nilson Report. UnionPay does not publish financial statements.


Outside China, UnionPay now reaches about the same number of U.S. merchants as Visa and MasterCard, thanks to a 2005 network-sharing agreement with Discover Financial Services. More than 10 million UnionPay cards have been issued by 65 lenders in 17 countries in overseas markets, according to the company’s website.


UnionPay’s growing global reach has been a boon for purveyors of high-end merchandise, whether it’s Italian leather handbags or French perfume. Chinese shoppers this year displaced Americans as the No. 1 consumers of luxury goods, according to a recent Bain & Co. report. Some 60 percent of Chinese purchases happened outside the mainland, the report found.


At Harrods, where UnionPay has been accepted since February 2011, “a large majority of Chinese customers are now taking advantage” of the option, Katharine Witty, group director of corporate affairs at the British department store, wrote in an e-mail. “I don’t have a card issued by foreign banks,” said Li, who was visiting London with her family from the port city of Ningbo. “It’s too much of a hassle to get one.”


The bottom line: China’s UnionPay dominates in a market where credit- and debit-card receivables are forecast to rise to $ 397 billion by 2015.


Businessweek.com — Top News





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Newsweek unveils last print cover







The 80-year-old US current affairs magazine Newsweek has revealed the image that will grace the cover of its last-ever print edition.






A black and white photo of the publication’s Manhattan headquarters takes pride of place, with the strapline #lastprintissue.


The nod to Twitter is regarded as a backhanded compliment.


The death of the print edition was caused by falling advertising revenues, as audiences moved online.


From the new year, Newsweek will be a digital-only publication. Editor Tina Brown described it as “a new chapter” for the magazine.


In a defiant editor’s letter, she wrote: “This is not a conventional magazine, or a hidebound place.


“It is in that spirit that we’re making our latest, momentous change, embracing a digital medium that all our competitors will one day need to embrace with the same fervor.


“We are ahead of the curve.”


Ms Brown became editor of the publication two years ago, after it merged with The Daily Beast, a news website she co-founded in 2008.


‘Bitter sweet’


Newsweek’s first edition was published on 17 February, 1933. It made an immediate splash with its front cover, featuring seven photos – one news story for each day of the week.


Although it always took second place to its rival, Time, it gained prominence in the 1960s for its coverage of the civil rights movement.


At its height, it had a circulation of 3 million, but declining readership and advertising revenue saw it fall into losses.


It was sold by the Washington Post Company to businessman and publisher Sidney Harman for $ 1 in 2010, and was merged with the Daily Beast three months later.


Ms Brown is a former editor of Vanity Fair and The New Yorker. She unveiled Newsweek’s final front cover via Twitter, saying: “Bitter sweet! Wish us luck!”


One reader commented that the hashtag headline was “like using your final breath to ID the killer”.


The move to a digital edition will allow Newsweek to cut costs such as printing, postage and distribution. However it will lose money from print advertisers, who traditionally pay more than their online counterparts.


As the final edition went to the printers, The Daily Beast confirmed it would be making many of its editorial staff redundant.


BBC News – Business





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Fragile Egypt economy overshadows Mursi’s vote win






CAIRO (Reuters) – Egyptian President Mohamed Mursi will have little time to savour victory in pushing through a new constitution as it may have cost the Islamist leader broader support for urgent austerity measures needed to fix the creaking economy.


By fast-tracking the constitution through to a referendum that the opposition said was divisive, he may have squandered any chance of building a consensus on tax rises and spending cuts that are essential to rein in a crushing budget deficit.






Unofficial tallies from Mursi‘s Muslim Brotherhood showed the charter was approved by a 64 percent majority. But opponents said he lost the vote in much of the capital, while across the nation he alienated liberals, Christians and others worried by the text that was drafted by an Islamist-dominated assembly.


Opponents say such divisions will fuel more unrest in a nation whose economy has been pummelled by turbulence since Hosni Mubarak was overthrown almost two years ago, scaring off investors and tourists that are both vital sources of capital.


Without broad support, Mursi’s government will find it harder to implement reforms needed to secure a $ 4.8 billion loan from the International Monetary Fund. The Muslim Brotherhood’s party, which propelled Mursi to office, may also face a tougher fight in a parliamentary election expected in about two months.


“For austerity measures to be made at a time when the political system is being opened and millions of people are being enfranchised, you need political consensus within the political class,” said Amr Adly, an expert on the economy.


Yet, even though there is broad acceptance of the urgency of fixing the battered economy, Adly said Mursi’s approach in pushing through a constitution that angered opponents would encourage his rivals to capitalise on any public backlash against austerity rather than help sell reforms to the nation.


“His political rivals are already dealing with these problems on a very opportunistic basis,” said Adly, head of the social and economic justice unit at the Egyptian Initiative for Personal Rights. “There won’t be any prospect of ending … violence in the streets or very deep political divisions.”


UNITED


Egypt’s fractured opposition, defeated at the ballot box by Islamists in each poll since Mubarak was overthrown in February 2011, unified their ranks after Mursi expanded his powers in a decree on November 22 to push through the constitution.


“What Mursi did has united us,” said Ahmed Said, head of the liberal Free Egyptians Party and a leading member of the National Salvation Front coalition, adding he expected a unified approach to the upcoming parliamentary election.


That would give the opposition a much better chance in parliamentary polls against disciplined Islamists, who have built a broad grass-roots network across the nation over decades that liberals and other non-Islamists cannot yet match.


Though Said agreed steps were needed to fix Egypt‘s economy, he said Mursi had made no effort to discuss it with his rivals although they were a national concern. The IMF has long said a broad political consensus to reforms was needed for a loan.


“Who wouldn’t agree with economic reforms?” Said asked, but added: “We have not been consulted at all with regard to supporting such policies or not, we are not sure what is going on in the country.”


Mursi now faces the prospect of having an opposition seeking to score political points from any tax rises and measures to reduce spending, particularly steps to rein in fuel subsidies in a nation where rich and poor have become used to cheap energy.


That could make it more of a challenge for Islamists to win votes in the parliamentary election.


Though the opposition have drawn tens of thousands of Egyptians to the streets on occasion, Islamists have done so with greater regularity and also have a strong record of getting out the vote in the more local politics of a parliamentary poll.


But nation’s political divisions have already taken their toll on the president’s initial economic reforms.


Shortly before the referendum, Mursi introduced increases on the sales tax on goods and services that ranged from alcoholic beverages, cigarettes and mobile phone calls to automobile licences and quarrying permits. He withdrew them within hours under criticism from his opponents and the media.


An immediate result of Mursi’s policy U-turn was a delay in approving the IMF loan. The IMF said it would postpone its meeting in mid-December to approve the loan. Egypt’s government said it might now be approved in January.


Farid Ismail, a senior official in the Brotherhood’s Freedom and Justice Party, said Egypt could not be described as divided when two-thirds of those who voted backed the constitution but said all sides needed to discuss the economic issues ahead.


“We have an economic and social challenge and this is the time for people to present initiatives and engage in a national dialogue,” he said, adding that passing the constitution meant one major hurdle to stabilising the nation had been overcome.


EXPECTATIONS


Yet expectations run high in a nation where demands for social justice and a better standard of living helped drive the 2011 uprising as much as calls for political freedoms.


“We had a revolution to make life easier and prices lower, not higher,” said 19-year-old student Sally Ahmed Kotb referring to Mursi’s tax plans as she went to the polls on Saturday to vote “no”. “This will lead to a hunger revolution.”


Once a darling of emerging market investors, Egypt’s economy has taken a hammering. The budget deficit surged to a crippling 11 percent of gross domestic product in the financial year that ended in June 2012 and is forecast to exceed 10 percent this year.


Without swift action, it could hit 13 percent, said Adly.


Among belt-tightening measures in the pipeline are steps to reduce how much subsidised gasoline drivers can buy, which is bound to be unpopular.


In the meantime, Egypt has been bleeding foreign reserves at a rate of about $ 600 million a month, cutting them to about $ 15 billion, less than half their level before Mubarak’s fall.


Some Egyptians are still ready to give Mursi a chance. Many of those who voted “yes” in the referendum backed the charter as a vote for “stability”, even if they had some reservations. But, even from supporters, Mursi may have limited leeway.


“Just as people rose against Mubarak, they can rise against Mursi,” said Mohamed Mohsen, a civil servant and Islamist backer who voted “yes” in the referendum. “Let’s give him two, three, four or five months to solve our problems then we can see.”


The government says it is already engaged in a “national dialogue” with political forces, unions and others to win public support for an economic plan it insists will not hurt the poor.


“Passage of the new constitution is unlikely to ease recent discord, but it nevertheless marks a significant step forward in Egypt’s laboured political transition,” Simon Williams, HSBC economist in Dubai, wrote in a note after the constitution was approved in the first of the two-stage referendum.


He said progress on the IMF programme could now resume swiftly, but added: “The temptation to avoid pressing ahead with unpopular policy measures may also prove ever harder to resist, particularly ahead of the parliamentary polls.”


Economy News Headlines – Yahoo! News





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The Hedge Fund Hunger Games






The first idea that Tim Harrington, Brian Tomeo, and Spencer Deering had for a business was to gather up brand-new hedge funds and nurture them. They’d invite them to make use of their office in Miami Beach, where they could get advice, legal help, expensive software, and eventually an introduction to investors, with the three benefactors collecting a fee. The second idea, the one the trio went with, was the exact opposite. They would assemble the hedge funds and make them fight.


1b7e6  investing hedgefundhunger52  02  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg BusinessweekHarrington got into hedge funds in college






This was back in April. The three had been introduced by mutual friends and colleagues over the years: Harrington, a 37-year-old with prematurely white hair who’d gone straight into hedge funds out of college, met Tomeo, 40, a broken-nosed former Princeton lacrosse champion, at a party not long after the latter left JPMorgan Chase (JPM) as a managing director in 2007. Deering, 37, had come late to finance after first working as a teacher and writer; he had promise as a model-handsome charmer of wealthy investors. Together they sensed there was money in the nascent Miami hedge fund scene. Much like investing in a young tech company, hooking up a new hedge fund with seed capital—including, perhaps, some of their own—can be lucrative. The problem was that Harrington and his partners couldn’t tell which of the new funds asking for their money were any good.


It wasn’t easy for the aspiring hedge fund managers they were talking to, either. Investors won’t give capital to managers who have no experience, but managers can’t get experience without capital. Most fledgling funds try to get past this paradox by offering back-tested results, modeling how their trading algorithms would have performed in years past. This is basically historical fiction, and it ignores a fundamental truth of investing: What happened yesterday doesn’t predict what the market will do tomorrow.


What matters is actual performance, which is how Tomeo and Harrington came up with the idea to run a tournament to fill their incubator, weeding out pretenders by making managers compete in real time with real money. The finisher who made the most while risking the least would win the right to manage seven figures of capital. They called their company Battle-Fin.


1b7e6  investing hedgefundhunger52  01  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg Businessweek“The system is completely broken,” says Tomeo


A trial tournament in July proved that the mechanics of the concept worked. It also demonstrated how difficult it was to win: Tomeo entered and finished fifth out of six. For the next tournament, which they considered their real debut, the three men secured $ 10 million in money to manage from a capital provider in New York named Liquid Holdings Group. Winners would be chosen in three divisions. The “elite” category was for managers who were already running other people’s money. The winner here would run $ 5 million of the prize capital. The “professional” division was for entrants risking any amount of their own money. The winner would run $ 3 million. And the “launch” division was for contestants trading only on paper. There would be two winners in this division, each to be allocated $ 1 million.


Battle-Fin restricted the tournament to quants—managers who develop computer-run algorithms that set rules for trading. Quants aren’t new to Wall Street by any means, but if you’re looking for innovative ideas, then computational finance isn’t a bad place to start. And hedge funds badly need new blood. With notable exceptions, they’ve been clobbered by the plain-old stock market in the last four years. In 2012, the average hedge fund has returned 3 percent; the Standard & Poor’s 500-stock index has returned 15 percent. Investors, meanwhile, pay dearly for the privilege of underperforming—managers typically keep 20 percent of any profit, plus a 2 percent management fee.


“We want to find great people, help them build their business, and build a great business on our own,” Harrington says. “If that turns the hedge fund industry on its head, that’s not our worry.”
 
 
In August, Alon Bochman was sitting at the desk he rents at an office near Grand Central Terminal in New York, reading posts in a LinkedIn (LNKD) group for emerging managers, when he came across one from Harrington. “Our real-time, real-capital tournaments democratically and objectively identify tomorrow’s best and brightest computational financiers—wherever they might be,” it read. A few clicks and an e-mail exchange later, Bochman was in the tournament.


Two and a half years ago, Bochman was earning a comfortable six figures as a portfolio manager at SC Fundamental, a New York hedge fund notable for launching the careers of a handful of wildly successful managers, including David Einhorn. One day he noticed an anomaly in the way a certain kind of exchange-traded fund behaved, so he devised a trading strategy for his personal account that wouldn’t require a lot of monitoring. “I never really looked at it. I had a full-time job I liked very much,” he says. “Then, around December, I got a statement from my broker. And I was like, Huh.” Bochman’s returns had passed 30 percent a year. In March he quit to start his own fund.


Even with his connections, Bochman, 39, found it tough to get a piece of the money streaming into billion-dollar funds. He knew that, as in any industry, pitching hedge fund investors meant hearing “no” a lot. What he wasn’t prepared for were the questionnaires from due diligence firms, the industry’s post-Madoff gatekeepers, which struck him as both invasive and superficial. Asking about strategy and risk tolerance made sense. But his heart condition? Whether he was in the midst of a divorce?


Of every dollar flowing into the industry, 96¢ go to the biggest hedge funds, those with more than $ 5 billion under management. For upstarts, getting capitalized usually means hitting up friends and family, then approaching professional contacts, and gradually moving upward. Performance is the most important factor for attracting money, but allocations are often won or lost on the margins of personality—knowing the right people, having impressive literature, nailing the interview. “The hedge fund industry is supposed to be merit-based, and it’s supposed to be entrepreneurial,” says Bochman. “I think that people have been so shell-shocked by the financial crisis and Bernie Madoff that they’ve given up on merit. They’ll settle on a checklist that ensures you belong to certain clubs, know the right people.” He found the tournament concept refreshing. “What they’re doing is important. They’re one of the few guys saying, ‘This is a contest of ideas, and may the best strategy win.’ This is something that our industry really, really needs.”


Bochman was one of about 3,000 visitors to Battle-Fin’s website after Harrington and Deering began promoting it, which in the small world of aspiring quant hedge fund managers is a lot. About 130 applied.


1b7e6  investing hedgefundhunger52  03  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg BusinessweekDeering once taught English and wrote a novel


“The pedigree of the guys who are coming across our screen—it’s crazy,” says Deering. (One of the two finalists in the trial tournament was a group of Massachusetts Institute of Technology Ph.D.’s.) “The fact that these guys are coming to us, in these little tournaments that we’re running? It’s so evident that the system is cocked up.”


The funds chosen—26 in all—were run by a motley bunch. Two master-level chess players headed one, which they called Chessica, after the original name, Genius Hedge Fund, failed to go over well with investors. Another fund, ProForza Advisors, boasted a rocket scientist who had worked for NASA, studying weather in the magnetosphere. Yet another contender, Stephen Longo, a Fu Manchu–mustache-sporting Long Islander, had spent 20 years as an engineer at General Motors (GM). He had been racking up impressive gains on a theoretical trading platform for years, making millions, but only on paper; winning the tournament would give him a chance to prove his investing chops without a safety net. Martin Rosenburgh, who managed $ 1 million of friends-and-family money from home on a 27-inch iMac, was also optimistic. Should he win, he hoped to focus on his fund full time. “It’s like American Idol for quant strategies,” he says.


Several contestants spoke of the difficulty of getting in the room with potential investors. “We’re extremely good at the statistical analysis and data visualization and so forth,” says Mark Maldonis, 48. “But marketing skills? God was not good to me.”


Trading began on Oct. 1. From their offices in New York, Los Angeles, London, and elsewhere, the contestants tracked each other’s gains on a leader board updated daily at battle-fin.com. The launch category, where the gains or losses were all on paper, was naturally the most volatile. Longo was up 10 percent after just seven days, with a strategy that took its cues from volatility in the S&P 500. In the $ 5 million elite category—where the contestants were managing real money belonging to real clients—the range was much tighter, within a point or two of zero. Two weeks in, with the stock market down, even flat returns could be regarded as an accomplishment.


Perhaps the most impressive performance was in the intermediate division, where the managers’ own money was at stake. Rosenburgh, 45, had gained nearly 4 percent by the end of October, but he was quickly left in the dust by the 10 percent returns of a fund manager listed on the tournament scoreboard as Z. Liu. Nobody could dig up much information on him, but with a strategy built on the statistical analysis of historical trading data, he seemed proof that the Battle-Fin tournament might be able to pick managers better than Wall Street.
 
 
Dealing with startups often means forgiving a certain amount of amateur behavior. As the contestants entered the second month, several realized something: Battle-Fin was just as much a startup as they were.


Harrington handled the tournament’s day-to-day operations—checking in with contestants, putting out fires, and generally behaving like a theater manager on opening night. Tomeo was the high-level strategist. Deering was in charge of marketing. They had put the tournament concept into practice as rapidly as they could after inventing it. This meant hiccups, corner-cutting, and a lot of improvisation.


1b7e6  investing hedgefundhunger52  04  inline405 The Hedge Fund Hunger Games


John LaChance, a former vice president at JPMorgan, logged on to battle-fin.com one day to discover an organization called “LaChance Capital” next to his name. “There’s no such thing,” he says with a laugh. “I guess they just put that down. I don’t think I’d name it that, either.” Several competitors noticed that five funds disappeared from the leader board without explanation. The head of ProForza Advisors, Sunil Pai, hadn’t even signed up to enter the tournament. One day over the summer, he says, he had called Harrington to learn more about the contest after seeing a LinkedIn post. The next thing he knew, ProForza was listed in the elite category. Harrington “entered us into the competition. I hadn’t actually applied for it,” says Pai, 49.


Midway through the tournament, even some high-level decisions had been left up in the air. “It’s definitely a work in progress,” Harrington says. Who was Battle-Fin’s chief executive officer, anyway? “I don’t know,” Tomeo says. “Who do you think it is?”


All three founders were concerned that two months was too short for a tournament and that they’d end up crowning the merely lucky. The partners also hadn’t figured out how to split revenue on the fees they’d collect from connecting the tournament winners to the capital providers. “One, we trust each other, and two, we’re not fighting over future spoils that haven’t even appeared yet,” Harrington says. “I’ve seen so many businesses where people are fighting and clawing for percentages that never even end up working out.”


There are no signs of tension among the three—the reverse, actually, thanks mostly to Deering’s nonstop comedy routine. A college lacrosse player like Tomeo, Deering taught English at a Chicago-area high school after graduating and self-published a novel about a man, a motorcycle, and the West. Today, he may be the only man in hedge funds who’s written about Southern food for Esquire and relationships, under a pen name, for Cosmopolitan. (“If you’re feeling the love itch, chances are he is as well but is too chicken to be the initiator.”) A theater director in Charleston, S.C., where he lives, nicknamed him Johnny Touchdown.


Harrington had traced a semi-charmed path through the hedge fund world. He started with an internship in college; skipping the usual period of apprenticeship at an investment bank, Harrington then bounced from one billion-dollar operation to the next—Galleon Group, SAC Capital Advisors, JPMorgan. (At the moment, two of those firms are known for scandal: Galleon’s founder, Raj Rajaratnam, was convicted in 2011 of securities fraud, and SAC, headed by Steven Cohen, is the subject of a federal investigation into insider trading. Harrington declined to discuss the topic.) He left JPMorgan in 2009 to start his own business, a hedge fund seeder called Lion’s Path Capital, which is tied to Battle-Fin in several ways. It staked the $ 1 million prize for the company’s trial tournament, and winners use Lion’s Path’s trading platform to manage the capital they win access to.


In Miami Beach, where the finance scene is tiny, Battle-Fin rents office space from Ray Langston, a hedge fund manager who’s a generation older and represents the success the trio hope to have and the old guard they mean to destroy. Langston collects Ferraris, drives away from lunch in a $ 440,000 Porsche Carrera GT roadster, and doesn’t care what you make of his calling President Obama a socialist. Hedgies of Langston’s era had the good fortune to trade amid a decades-long bull market. Back in Battle-Fin’s conference room, Tomeo says the managers in his tournament, with their computational skills, would eat Langston alive. “I just say, Hey, Ray, I would love to see you make it today,” says Tomeo. “I’d love to put you against these guys that I find.”
 
 
The contestants were putting up strong numbers. In the tournament’s final days, 8 out of 10 funds in the real-money divisions were beating the S&P.


LaChance, 37, lives in Pittstown, N.J.—horse country—in a 5,100-square-foot house with a three-car garage on two acres that he bought in 2006, at the absolute top of the market. It’s beautiful, an hour and 40 minutes from New York, and the school bus picks up his twin 12-year-old boys right at the curb. The Tuesday after Thanksgiving, a wet snow is falling, and LaChance misses nothing about his old commute, back when he was a JPMorgan trader. Wearing a North Face fleece and socks, he walks into his ground-floor home office, equipped with three widescreen monitors tracking $ 2.5 million of friends-and-family money in his portfolio. He is up 4 percent in the tournament’s top category—too high for anyone to catch up. For him, winning will be anticlimactic. Harrington has already had him record a victory video.


LaChance runs a handful of strategies at any given time. He mostly trades ADRs—American depositary receipts, or securities of foreign companies that trade on U.S. markets—that he believes are mispriced. LaChance says it’s profitable but not very scalable. “On some of these things, I’m literally the only person trading it,” he says.


In the 12 months leading up to the tournament, LaChance’s return was 39.9 percent. If he repeats that performance in 2013, with $ 5 million in Battle-Fin money in his portfolio, he stands to make an extra $ 399,000 in fee income. If his strategy goes bust, he’ll make nothing: Hedge funds ordinarily charge a 2 percent fee on their assets under management, which guarantees them revenue even in a down year, but Battle-Fin’s rules restrict winners from doing this.


For Longo, 54, winning is more surreal. The former General Motors engineer held on to his early lead in the launch category, giving the paper trader $ 1 million in real capital to invest. “I’m slightly speechless,” he says. “It’s kind of a double-edged sword. I’m obviously happy that I won. The other side is that now the real competition starts, with the markets.” Longo is truly speechless when a reporter points out something Battle-Fin had never told him: They’d be keeping the first 5 percent of any gains he made on the $ 1 million, in exchange for taking a risk on a total unknown. The asterisk applies only to his category. After recovering, Longo says there’s no hard feelings. “There might be a few misunderstandings or a few things that are unclear at this point, but again, the opportunity still far outweighs any of that,” he says.


Rosenburgh fared better under Battle-Fin’s make-it-up-as-we-go-along approach. He never climbed out of second place in the intermediate division but was thrilled to discover that he’d won something anyway. Battle-Fin had decided not to name two winners in the launch division after all, in favor of a floating $ 1 million “wild card.” In late November, Rosenburgh joined the other winners at the Lion’s Path offices in Manhattan, grinning in a group photo with Harrington.


Afterward, the victors walked to a nearby bar. Among them: the mysterious Z. (Zongjian) Liu. He had posted an astonishing 14 percent return in just two months in the intermediate division, risking his own money. As Liu began to explain his strategy and his background, it quickly became clear that he had not thought through the implications of winning $ 3 million to manage—or even competing in the tournament in the first place.


Liu, 34, has a full-time job at a major bank. Every bank’s rules are different about what employees are allowed to do with their investments, but publicly traded, highly regulated banks generally want to know if their employees are running hedge funds in their spare time. Liu hadn’t cleared his participation in the tournament with the compliance department. “Ideally, I should not do this,” he says in nearly perfect English. “Because there will be conflict of interest. Although in my case, there is no conflict of interest.” In two months, Liu says, he will probably quit to manage his portfolio full time. His plan is simply to not let the bank’s compliance officers find out.


Before the tournament, Liu says, he ran about $ 390,000 in friends-and-family money. If he keeps up his annualized 2012 rate of 43.6 percent next year, performance fees on $ 3 million in Battle-Fin money would run to $ 295,608. That may be more than his bank salary, but Liu would also be taking on a huge personal risk. If his models stop working as well and he merely matches the industry’s average 2012 return of 2.9 percent, performance fees on that $ 3 million would total only $ 17,400. Before expenses and taxes.


On the last day of the tournament, Nov. 30, Harrington is unsure how the man he has entrusted with $ 3 million is handling the situation. “We say to people, ‘Look, you have to get clearance from your employer to see if there’s any conflict of interest.’ His whole thing is he said he plans to quit. So, I mean, it’s a little—that’s the one that I don’t know how …” Harrington doesn’t finish the thought.


There are grander plans to discuss. Harrington has just come from a meeting with an investor who’s considering fronting as much as $ 50 million for a third tournament. At the same time, the trio want to take the concept beyond quant trading strategies to commodities, currencies, real estate. “The whole asset management industry is ripe for a technology that turns it upside down,” says Tomeo. Of course, they also want to go global. “We’re going to do Battle-Fin Latin America,” Harrington says. “We’re going to do Battle-Fin Canada. We’re going to do Battle-Fin Asia and Battle-Fin Global, which is when we’re going to take all of the winners and bring them to Miami for kind of a conference and showcase them to different people.”


A few days later, Harrington e-mails to say he’s hopeful the company will win a patent on the tournament. “Things are really moving fast,” he writes. Below his signature is a new Battle-Fin slogan: Time to sink or swim.


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U.S. judge approves settlement in BP class action suit






(Reuters) – A U.S. judge on Friday gave final approval to BP Plc‘s settlement with individuals and businesses who lost money and property in the 2010 Gulf of Mexico oil spill.


The order only addressed the settlement of economic and property damage claims, not a separate medical benefits settlement for cleanup workers and others who say the spill made them sick.






BP has estimated that it will pay $ 7.8 billion to settle more than 100,000 claims in the class action litigation.


U.S. District Judge Carl Barbier initially approved the deal in May, but held a “fairness hearing” in November to weigh objections from about 13,000 claimants challenging the settlement to resolve some of BP’s liability for the worst offshore oil spill in U.S. history.


London-based BP’s Macondo well spewed 4.9 million barrels of oil into the Gulf of Mexico over a period of 87 days. The torrent fouled shorelines from Texas to Alabama and eclipsed the 1989 Exxon Valdez spill in Alaska in severity.


Lawyers for some affected parties had objected to the deal, reached in March between BP and lawyers representing plaintiffs ranging from restaurateurs, hoteliers, and oyster men who lost money from the spill. They argued that some claimants would be underpaid or unfairly excluded.


But in a 125-page order approving the settlement, Barbier called the deal “fair, reasonable and adequate,” citing the low number of class members who objected or opted out.


BP welcomed the approval order in a statement, adding that the settlement resolves the majority of economic and property damage claims stemming from the accident.


“Today’s decision by the Court is another important step forward for BP in meeting its commitment to economic and environmental restoration efforts in the Gulf and in eliminating legal risk facing the company,” BP said.


Separate from the class action claims, BP has been locked in a year-long legal battle with the U.S. government and Gulf Coast states to settle billions of dollars in civil and criminal liability from the explosion.


In a settlement with the U.S. government announced last month, BP agreed to pay $ 4.5 billion in penalties and plead guilty to felony misconduct. The government also indicted the two highest-ranking BP supervisors aboard the Deepwater Horizon rig during the disaster, charging them with 23 criminal counts including manslaughter.


The class action case is In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010, U.S. District Court for the Eastern District of Louisiana, No. 10-2179.


(Reporting by Terry Baynes in New York; Editing by Gary Hill)


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Why Bill Ackman Went on a Three-Hour Rant Against Herbalife






Is Herbalife (HLF) “the best-managed pyramid scheme in the history of the world,” as fund manager William “Bill” Ackman suggests? Is the maker of weight-loss and nutrition products being unfairly maligned by a man who will make money if investors flee the stock? Did you care about Herbalife before Ackman issued a marathon critique of its business on Dec. 20? You may well not own the stock, as it’s not exactly a blue chip play. But now that Herbalife Chief Executive Officer Michael Johnson and Ackman are blasting each other on the media circuit, the question is what to make of this drama.


This isn’t your typical short-seller’s fight. Start with the fact that Ackman presented his case against Herbalife at a special complimentary event hosted by the Sohn Conference Foundation. The Sohn Conference, now in its 17th year, famously brings together billionaire investors each summer to share their top investment picks and raise money for pediatric cancer research. This is the first time it has held an event featuring one person, according to organizers. The reason became clear at the end of Ackman’s three-hour show: Any money he makes on this bet will go to charity, with $ 25 million slated for Sohn regardless of how it turns out.






Why not make a ton of money and use just some of it for a good cause, as Ackman normally does? Because profiting from Herbalife’s alleged exploitation of its distributors feels like “blood money,” Ackman said. His goal: to let the Federal Trade Commission take this research and shut the company down. Herbalife’s Johnson, meanwhile, is calling on the U.S. Securities and Exchange Commission to pursue Ackman for “blatant market manipulation.”


The most intriguing thing about Ackman’s high-profile crusade against Herbalife is the fact that Ackman launched it. The founder of Pershing Square Capital Management is best known these days as an activist investor who buys up huge stakes in such companies as Canadian Pacific (CP), JC Penney (JCP), and Target (TGT) to force changes he hopes will drive up the stock price. While he made more than $ 1 billion by betting against bond insurer MBIA (MBI), Ackman prefers to put his money on businesses that can improve, vs. those poised to crash.


All the more reason to wonder why he has spent more than a year researching the case against a company that’s arguably an easy target. Multilevel marketing companies, from Avon (AVP) to Amway, have long dealt with criticism that they’re built on the backs of gullible distributors. People make an upfront investment to sell products on behalf of the company—usually to family and friends—in the hope that they’ll make a decent commission from the sales. Moreover, they’re rewarded for recruiting others to do the same. For most sellers, that system rarely leads to a lucrative income. For investors, the question is what portion of sales are fueled by signing up new recruits vs. selling to consumers who want the products.


In Herbalife’s case, Ackman contends, it’s not much. The model is so stretched worldwide—Ackman used the term “pancake scheme”—that Herbalife has resorted to selling weight loss products in Ghana. (With KFC (YUM) making major inroads there, that might not be a bad thing.) Ackman’s not the first to make that case. David Einhorn of Greenlight Capital, well-known for his success in shorting stocks, was asking tough questions of Herbalife’s management months ago. The SEC even looked into the matter.


Although Johnson was brimming with vitriol on Dec. 19, when the Herbalife CEO told CNBC that the world would be better off without Ackman, the company e-mailed a statement after the Sohn Conference presentation to say the inaccuracies were too “numerous” to address right now and to further complain about having been denied a chance to participate.


What we do know is that Bill Ackman hates this flavor of multilevel selling so much that he’s planning to put up a website to warn people against seeking a career through Herbalife. He’s used to being a shareholder’s friend in fighting management, not some villain who profits from others’ misfortune. Try telling that to Fidelity, Herbalife’s largest investor with more than 17 million shares in its funds. While a spokeswoman says the firm doesn’t comment on individual holdings, it has also been selling down its stake in recent months. Herbalife will need to find some fresh recruits.


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