Law

Deutsche Bank’s new dark clouds have silver lining

29 November 2018

The lender has been hit by police raids linked to clients’ alleged tax evasion and speculation its investment bank head could leave. Yet Panama Papers issues have thus far not meaningfully hit European banks. And Deutsche’s traders should have a decent 2019 – whoever’s in charge.

Holding: Big tech cruising for antitrust bruising

26 November 2018

Facebook’s Russian-meddling fumbles and Amazon’s second-headquarters hubris are Exhibits A and B for legal reform. Derided as “hipster antitrust,” the idea that bigness alone can breed evil is true to competition law’s original aim. It’s time trustbusters became disruptors, too.

UBS’s Ermotti can afford a legal brawl or two

9 November 2018

The Swiss lender has refused a $2 bln U.S. settlement over missold securities, according to Reuters. Barclays, which spurned a similar deal, offers some hope of a lower eventual hit. With healthy capital, Ermotti has headroom to fight both this and a separate French tax battle.

U.S. vote could put Wall St, Big Tech in same boat

1 November 2018

Polls give Democrats a good shot at taking control of the U.S. House in next week’s elections. That would mean more scrutiny for big banks like Wells Fargo and Silicon Valley titans. Tension with the White House would rise, but mortgage agency reform may spur rare bipartisanship.

In need of cool head, Brazil braces for opposite

25 October 2018

Far-right ex-army man Jair Bolsonaro looks set to win Sunday’s presidential runoff, riding voter anger over corruption, violence and economic stagnation. Prioritizing pension reform over strongman tactics would better address the nation’s ills. You can’t shoot fiscal deficits.

Climate suit should light fire under Exxon owners

24 October 2018

New York is suing the $338 bln oil giant, claiming it misled investors about carbon’s environmental risks. Shareholders weren’t dupes, though. Their proxy revolt last year forced the outfit to start addressing the issue. Legal heat should prod them to demand more than baby steps.

Saudi turmoil is new twist on old C-suite dilemma

20 October 2018

The kingdom’s admission that Jamal Khashoggi died in its Istanbul consulate damages the crown prince’s ability to execute his Vision 2030 strategy. If Saudi were a company, its chairman would replace the CEO and continue with economic reforms. That possibility remains remote.

Spanish bank tax hit not as scary as it looks

19 October 2018

Shares in Spanish lenders dropped sharply after a court ruled banks may have to refund mortgage taxes. That could mean a collective hit to earnings of up to 1.5 bln euros, based on the last four years of new loans. With lending rates set to rise, that’s painful but manageable.

Oil makes Saudi Arabia slippery sanctions target

16 October 2018

U.S. lawmakers are invoking a law used to impose Russian sanctions to demand answers about a missing journalist. There’s momentum for a similar penalty for the kingdom. But Saudi retaliation could hike oil prices - the opposite of what President Trump has been agitating for.

Anti-OPEC bill may squeeze U.S. oil industry

10 October 2018

The disappearance of a Saudi journalist is helping to breathe life into a bipartisan effort to subject the cartel to U.S. antitrust law. But it may prove more useful as a threat than reality. America’s energy producers benefit from OPEC’s price-fixing, too.

U.S. deal review could be new stick to beat China

10 October 2018

Minority stakes in U.S. tech firms will be under tougher scrutiny starting next month. That’s reasonable, and the Treasury, which will oversee reviews, has a rational approach. The risk is that hardliners co-opt the process to hurt Beijing once tariffs reach their limit.

Google inadvertently makes case for data crackdown

9 October 2018

The search giant kept secret a security hole to avoid regulators’ scrutiny, the Wall Street Journal says. The lack of transparency underlines that such disclosures should be out of managers’ hands. U.S. lawmakers eyeing a law similar to Europe’s GDPR have an extra argument.

Electric-car crash gives Evergrande a tech lesson

8 October 2018

Jia Yueting’s Tesla wannabe wants to scrap a $2 bln rescue agreed with a unit of the Chinese property giant. In June, the deal sent Evergrande Health stock soaring. Much of that gain is now lost. Investors are left with few reasons to trust future efforts to swerve into new lanes.

Danske’s best-case scenario may be a painful fine

4 October 2018

The Danish bank said it faces a U.S. criminal probe over suspicious payments in Estonia. That raises the risk that it could be blacklisted in America, which sank Latvian peer ABLV, or be fined. Even a plausible $5 bln hit would send Danske’s capital ratio below its minimum level.

California boardroom gender quota is useful nudge

1 October 2018

A quarter of public firms based in the state have no women directors. Now they’ll have to change that, as some big investors already demand. Similar rules in Norway, say, have not obviously trickled down. But that may take decades – and board balance is a valid goal in itself.

Broken Akorn deal is exception to MAC rule

1 October 2018

Merger escape clauses are notoriously hard to trigger, but a judge has let Fresenius nix its $4.75 bln Akorn deal. Don’t expect many copycats. The case includes misconduct claims, and may yet be overturned. Corporate-friendly Delaware courts are loath to second-guess contracts.

Review: Shale oil exposé misses bigger picture

28 September 2018

In “Saudi America” Bethany McLean tackles the U.S. fracking industry. The author who spotted fraud at Enron accurately depicts aggressive wildcatters digging themselves to their demise. But factors that are pushing up global oil prices may yet save the industry from itself.

Holding: Dell deal’s high hurdles include the law

26 September 2018

The PC maker risks getting sued by owners of VMware tracking stock if it pushes through a $22 bln share swap. Yet recent Delaware decisions about the rights of similar shares offer a novel defense. The planned transaction could test legal limits as well as investor patience.

Danske can deflect pitchforks with bonus clawbacks

21 September 2018

CEO Thomas Borgen may have resigned after the Danish bank’s money-laundering scandal. But if he’s allowed to keep bonuses awarded during the time in question, Danske’s reputation will fall further. Its board has powers to claw back unjustified variable pay – it should use them.

Danske mea culpa will only partly calm U.S. wrath

19 September 2018

The Danish bank’s CEO has quit after an internal report said it ignored 200 bln euros in potentially suspect Estonian payments. With the threat of a hefty U.S. fine, pre-emptive head-rolling makes sense. Danske’s problem is it still doesn’t know how bad the problem really is.