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

Off the Shelf: Bretton Woods Monetary Agreement, Examined in a New Book





“DOWNTON ABBEY” has tapped our inner Anglophile on a wide front. But Americans were not so besotted with Britain in the first half of the 20th century, when it was a powerhouse of international trade. Until World War II, Britain ran international finance to its liking, and Americans were thirsting to chop it down to size. We need to understand that to grasp the importance of the Bretton Woods monetary conference.




Representatives of some 44 nations gathered in July 1944 at Bretton Woods, a resort spot in New Hampshire, to hammer out a world monetary system, replacing the gold standard that had failed so woefully. But only two nations mattered: Britain and the United States.


In “The Battle of Bretton Woods” (Princeton University Press, $29.95), Benn Steil, a senior fellow and director of international economics at the Council on Foreign Relations, describes that effort from its roots and projects its effect on today’s conflicts among the dollar, the euro and the Chinese renminbi. Although America’s global dominance has long since melted away, no substitute is yet strong enough to shove the dollar aside, in part because of Bretton Woods.


Britain entered the conference exhausted and broke, crippled by the war. It desperately needed flexible exchange rates to rekindle its vital exports to pay for the imports it required to live. It clung to a privileged access to trading with its empire, one-fourth of the Earth’s land and people.


America was unscathed at home and far stronger in 1945 than in 1941. Owner of the bulk of the world’s gold bullion, a stunning 20,000 metric tons, the United States wanted to emerge from World War II with fixed conversion rates assured by a dollar tied to gold. And it went without saying that it was bent on becoming the globe’s financial capital.


Representing America at Bretton Woods was Harry Dexter White, an economics professor who had joined the Treasury as an adviser in 1934. By dint of intellect and hard work, he became grudgingly accepted as its ranking expert on international finance. He labored as the brains buttressing the Treasury Secretary, Henry Morgenthau, who described himself as “just a farmer,” albeit a close gentleman-farmer friend of Franklin D. Roosevelt. Morgenthau presided at Bretton Woods but White ran the show.


Dr. Steil presents evidence that White was also an informant for the Soviet Union, a starry-eyed admirer of what he saw as its remarkable economic success. For years, Dr. Steil says, White provided documents to the Soviets and favored their side in policy debates. In 1948, White fended off the House Un-American Activities Committee, denying that he was a Communist. A more adverse light was shed on his activities when wartime codes were broken years after his death. Dr. Steil is more convinced of the espionage claims surrounding White than some historians who see his actions as more innocent. There is no sign that his interest in the Soviets affected his work at Bretton Woods.


Taking Britain’s part at the 1944 conference was the celebrated John Maynard Keynes, who knew full well that war had reduced Britain to a hapless debtor, obliged to accept whatever the United States offered. The book confirms that Keynes was an intellectual giant with flawless intuition for finance, but it also exposes his caustic criticisms of lesser men and his tin ear for workaday diplomacy. The Americans considered him too bright for his britches and bottled him up at every opportunity.


White had prepared so well that the actual conference was well-orchestrated, everything the Americans wanted. “Now the advantage is ours here, and I personally think we should take it,” Morgenthau said to White, who fully agreed. As White said, “If the advantage was theirs, they would take it.”


The Americans wanted free trade and open markets; they feared postwar inflation. Bretton Woods helped by providing for stable but convertible currencies, tied within limits to the dollar and ultimately to gold. It also created the International Monetary Fund, a money pool from which nations with trade deficits could borrow to satisfy international accounts. And it set up what became the World Bank, initially focused on rebuilding Europe, and later on the developing world. Britain lost out on looser exchange rates, and its imperial trade preferences were doomed.


On item after item, Keynes found a stone wall. What Dr. Steil calls his “most tangible legacy” from Bretton Woods was pathetic. Norway moved to abolish the Bank for International Settlements for cooperating with the Nazis, a motion that Keynes vehemently opposed. The delegates eventually agreed that the bank would be “liquidated at the earliest possible moment.” The bank is still in business today.


Keynes ended up having to play an impossible hand. In 1945, he was left to sell Parliament on accepting arrangements that he had exhausted himself resisting. Four months later, he was dead. History later vindicated his advocacy of flexible exchange rates. The Bretton Woods system, not fully in effect till 1961, died only a decade later when President Richard M. Nixon ended the gold standard. The United States was running such large international deficits, paying out so many dollars, that not even Fort Knox had enough gold.


“The Battle of Bretton Woods” should become the gold standard on its topic. The details are addictive. But be warned: the book is dense. Every skirmish, every exchange — and the book gets into hundreds of thems — was presumably meaningful to the participants. But while some episodes mattered much, many did not. The author is no Robert Caro, who in his multivolume biography of Lyndon B. Johnson delves into minute details but also explains their larger significance.


Perhaps that is what is missing here — an unmistakable voice, a sense that this rich history is told by one mind. Mr. Caro is known for working on his own, with the assistance of his wife. In his acknowledgments, Dr. Steil thanks 10 research assistants and an advisory panel of 18 luminaries. The book sometimes reads like a succession of brilliant but loosely connected graduate seminar papers — an assemblage, a very fine one, but an assemblage nevertheless.


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Ireland Seeks Easing of Its Debt Terms







DUBLIN — Ireland has been widely praised as the good pupil of the euro zone’s austerity school of thought. Now it wants to be rewarded.




Ireland, whose banking crisis required it to receive a bailout of €85 billion, or $110 billion, by international lenders in 2010, is pressing for the right to ease the payback terms of billions of euros of debt it incurred in that process. It is also pushing other European capitals to stick to a promise made last year that the euro zone’s bailout fund could eventually be used to prop up struggling banks directly, relieving governments of that burden.


Ireland’s proposals are likely to come up when European finance ministers begin two days of meetings in Brussels on Monday.


The issue is significant because it could have a decisive impact on the ability of a fragile Irish economy to emerge from the crisis, officials say. And within European politics, a new relief package would be significant because Ireland is the only bailed-out euro zone country so far that in hewing to the harsh austerity terms of its rescue has shown clear, if early, signs of an economic recovery.


Since 2008 the country has come up with spending cuts and tax increases totaling 18 percent of its gross domestic product. But unemployment remains high and households remain weighed down with debt, a legacy of the real estate crash that was the main cause of the banks’ troubles.


And yet, visiting Dublin on Thursday, the president of the European Commission, José Manuel Barroso, said that Ireland had “turned the corner,” proving that the international rescue programs put together by the euro zone and the International Monetary Fund “can work and that there is light at the end of the tunnel.”


Ireland is pressing an issue raised at a European Union summit meeting last June, when leaders promised that the euro zone’s bailout fund would eventually be able to lend directly to troubled banks, once a more centralized banking system was in place for the 17-nation euro zone.


At the time the deal was seen as significant because it could alleviate the debt burdens that bank bailouts had placed on the governments of Ireland and Spain, among others. But in subsequent months, the finance ministers of Germany, Finland and the Netherlands sought to dilute the agreement, arguing that it referred only to new bank rescues and not to so-called historic or legacy assets.


In addition to direct help for its banks, Ireland is also pressing for longer maturity dates on its international loans. Mr. Barroso, asked by reporters Thursday about Ireland’s proposals, said that the European Commission — the administrative arm of the Union — “has been arguing for rewards to those who are the good performers in terms of the programs.”


He cited Ireland and another bailed-out euro member, Portugal, as the members “we have a positive attitude toward.”


Under Ireland’s definition, its “dead banks,” which were crushed by the weight of bad debt incurred in the property and credit bubble, would not qualify. These include Irish Bank Resolution Corp., which took over Anglo Irish Bank, and the Irish Nationwide Building Society.


But banks that still operate but have been recapitalized by the state could receive help.


Michael Noonan, the Irish finance minister, said there was “a distinction being drawn between the word ‘legacy’ and the word ‘retrospective.”’


“If you have a dead bank there are legacy issues, and we are not negotiating for anything broadly to be done for Anglo Irish-I.B.R.C.,” Mr. Noonan said.


He said that about €28 billion was invested in banks that were still trading, and that this was debt his government would like the euro zone bailout fund, the European Stability Mechanism, to assume.


Though no direct recapitalization of banks from that fund is likely to take effect before the end of the year, a promise that Ireland could receive such help could bolster market confidence. That might aid Ireland’s effort to emerge from the bailout program and return to the bond markets fully next year.


Alan Barrett, head of the economic analysis division at Ireland’s Economic and Social Research Institute, said there were several factors that could derail the government’s plans. These include a lack of domestic economic demand, the weakness of vital export markets including the euro zone, and the appreciation of the euro against the currency of Ireland’s neighbor and key trading partner, Britain.


And while Ireland’s ratio of debt to gross domestic product has been forecast as peaking soon at around 120 percent and then begin to fall, Mr. Barrett estimated that there was still a 30 percent chance that this would not happen. “We are basically of the view that this is a fairly unstable situation,” he said.


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DealBook: Icahn Gains 2 Seats on Herbalife’s Board

Herbalife said on Thursday that it planned to give two board seats to Carl C. Icahn, as the health supplements maker further binds itself to its most outspoken outside defender of late.

Herbalife will expand its board by two seats, giving both to the billionaire investor. As part of the agreement, Mr. Icahn will also have permission to raise his stake in the company to 25 percent, from its current 13.6 percent.

“We have a good rapport with the company,” Mr. Icahn said in an interview on Bloomberg TV on Thursday. “We like them.”

Michael O. Johnson, Herbalife’s chairman and chief executive, said in a statement: “We appreciate the Icahn Parties’ shared views on the inherent value of Herbalife’s operations, products and future prospects.”

Shares of Herbalife were up more than 5 percent in midafternoon trading on Thursday, at $39.67, after having been halted for the pending news.

The move comes two weeks after Mr. Icahn officially disclosed holding a stake in Herbalife and over a month after the hedge fund manager sparred with a rival, William A. Ackman, on CNBC over the company. Mr. Ackman has taken a very public bet against the nutritional supplements company, declaring it a pyramid scheme and arguing that it is in risk of being shut down by federal regulators.

During that confrontation, one that gripped Wall Street, Mr. Icahn allowed only that he believed Herbalife could be “the mother of all short squeezes.” That referred to the shares in a company rising substantially, hurting investors who like Mr. Ackman are betting that the price will go down.

In his interview with Bloomberg TV, Mr. Icahn continued to criticize Mr. Ackman’s tactics, arguing that the campaign is simply an attempt to smear the company and trash its stock price.

“Ackman has given us the opportunity to buy a company at a discounted price,” Mr. Icahn said.

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Shell Suspends Drilling for Arctic Ocean in 2013







ANCHORAGE, Alaska (AP) — Royal Dutch Shell PLC announced Wednesday it will not drill for petroleum in the Arctic Ocean in 2013.




Shell Oil Co. President Marvin Odum said in an announcement that the company will "pause" its exploration drilling in the Chukchi and Beaufort seas.


The company made progress in Alaska, but Arctic offshore drilling is a long-term program that the company is pursuing in a safe and measured way, Odum said.


In 2012, Shell drilled top holes on two wells in the Beaufort and Chukchi, but drilling was hampered by problems.


Shell has experienced setbacks this winter with both its drill ship, the Noble Discoverer, and the drilling barge Kulluk.


After summer exploration in the Beaufort Sea, the Kulluk ran aground on New Year's Eve near Kodiak Island as it was being towed to Seattle for maintenance and broke free in a storm. It was refloated and taken to a sheltered harbor for further inspection.


It's currently being towed to Dutch Harbor, where it will be prepared for a dry tow transport to Asia.


The Noble Discoverer operated in the Chukchi Sea.


But the Coast Guard found 16 violations after the drilling season when the Noble Discoverer was in dock in Seward, Alaska.


The Coast Guard said last week that it's turned its investigation of this ship over to the U.S. Department of Justice.


Several investigations and reviews of the 2012 Arctic offshore drilling season are under way.


Interior Secretary Ken Salazar has announced that his department would perform an "expedited, high-level assessment" of the summer drilling season.


Salazar said the review would pay special attention to challenges that Shell encountered with the Kulluk, with the Discoverer and with the company's oil spill response barge, which could not obtain certification in time for the drilling season.


Salazar announced the 60-day review shortly after the Coast Guard commander overseeing the Alaska district said he had ordered a formal marine casualty investigation of the Kulluk.


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DealBook: Tribune Said to Hire Bankers to Sell Newspapers

The Tribune Company has hired investment banks to pursue a sale of its top newspapers, including The Chicago Tribune and The Los Angeles Times, a person briefed on the matter told DealBook on Tuesday.

The media company, which emerged from bankruptcy late last year, has hired JPMorgan Chase and Evercore Partners to run the process, said this person, who spoke on condition of anonymity.

Tribune’s move comes as little surprise. Speculation has been swirling around the media industry for some time that a number of potential suitors had emerged for the company’s holdings, a lot that may include the News Corporation.

Peter Liguori, Tribune’s recently appointed chief executive, told The Los Angeles Times last month that he had not ruled out a sale of the company’s newspaper brands but added that he wasn’t “going into this job with a fire-sale sign.”

A sale would help Tribune focus more on its bigger broadcasting operations, which includes WGN America and 24 stations across the country.

The company emerged from Chapter 11 protection on Dec. 31, under the control of the investment firms Oaktree Capital and Angelo, Gordon, as well as JPMorgan.

Shares in Tribune, which trade over the counter, were up 1.3 percent on Tuesday at $53.50. That values the media conglomerate at about $3 billion.

News of the hiring of the banks was reported earlier by CNBC.

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Herald Tribune to Be Renamed The International New York Times


The New York Times Company said on Monday that it was planning to rename The International Herald Tribune, its 125-year-old newspaper based in Paris, and would also unveil a new Web site for international audiences.


Starting this fall, under the plan, the paper will be rechristened The International New York Times, reflecting the company’s intention to focus on its core New York Times newspaper and to build its international presence.


“This recognizes our global reach and is an exciting and logical move,” said Jill Abramson, the executive editor of The New York Times.


Mark Thompson, president and chief executive of The New York Times Company, said in a statement that the company recently explored its prospects with international audiences, and noted there was “significant potential to grow the number of New York Times subscribers outside of the United States.”


He added: “The digital revolution has turned The New York Times from being a great American newspaper to becoming one of the world’s best-known news providers. We want to exploit that opportunity.”


A Times Company spokeswoman would not provide details on how the name change would affect the International Herald Tribune’s employees. Currently, half of the staff members who work in Paris are subject to French labor law, while Herald Tribune employees spread throughout the rest of the world are governed by local labor laws.


The masthead of the paper will also change, the spokeswoman said, but she declined to elaborate.


Stephen Dunbar-Johnson, publisher of The International Herald Tribune, said in an interview that the name change was driven by “extensive research” showing that there was substantial potential, under the new name, to increase the number of international subscribers to the digital editions of The New York Times. 


Mr. Dunbar-Johnson said the name change would be accompanied by new investments aimed at enhancing the paper’s international appeal. New employees will be hired to work on nytimes.com — currently the combined Web site of The New York Times and the Herald Tribune — in Europe and Asia, he said.


The renamed paper will remain based in Paris, where it was founded 125 years ago as the European edition of The New York Herald, Mr. Dunbar-Johnson. It will also keep its sizable office in Hong Kong where the Asian edition is edited. Mr. Dunbar-Johnson said there also would be investments in other locations. Until the fall it will continue to be published as The International Herald Tribune.


“Everyone at The New York Times thinks fundamentally that for this to be successful, the paper needs to be edited and curated for an international sensibility,”  Mr. Dunbar-Johnson said. “The core attributes of The International Herald Tribune will be retained and refined.”


Through a series of ownership changes, the paper became The New York Herald Tribune in 1959. In 1967, it became The International Herald Tribune when The Times and the Washington Post Company invested in the paper to keep it afloat after The New York Herald Tribune folded. In 1991, the Post and Times companies became co-owners of the paper, and in 2003 The Times bought out The Post’s share and became its sole owner in 2003.


The announcement is part of the company’s larger plan to focus on its core brand and build its international presence, the Times spokeswoman said. Last week, the Times Company said it was exploring offers to sell The Boston Globe and its other New England media properties. Last year, the company sold its stake in Indeed.com, a jobs search engine, and the About Group, the online resource company.


Eric Pfanner contributed from Paris



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Gulf Coast States Jockey Over Settlement on Deepwater Horizon Oil Spill


John Moore/Getty Images


A BP cleanup crew removing oil from a beach in May 2010 in Port Fourchon, La., after the Deepwater Horizon disaster.







With a major civil trial scheduled to start Monday in New Orleans against BP over damages related to the explosion of an offshore drilling rig in 2010, federal officials and those from the five affected Gulf Coast states are trying to pull together to strike an 11th-hour settlement in the case.




A lawyer briefed on those talks said that the Justice Department and the five states — Alabama, Florida, Louisiana, Mississippi and Texas — have reportedly prepared an offer to resolve the two biggest issues central to a series of trials against BP, the first of which starts Monday.


One of those issues is the fines that the company would pay for violations of the Clean Water Act related to the four million gallons of oil spilled after the explosion of the Deepwater Horizon rig, which BP had leased from Transocean. The other point of dispute is how much the company will have to pay in penalties under a different environmental statute for damage caused by the oil to the area: beaches, marshes, wildlife and fisheries.


The Wall Street Journal reported late Friday that federal and state officials were preparing a $16 billion settlement offer that would cover both the Clean Water Act fines and environmental penalties related to the spill. “The ball is on BP’s side of the table,” said the lawyer, who spoke on the condition of anonymity because he was not authorized to speak publicly on the matter.


Justice Department officials and state officials could not be reached Saturday to comment on any possible offer. A spokesman for BP, Geoff Morrell, said, “BP doesn’t talk about possible offers or negotiations, but I can tell you we are ready for trial and looking forward to the opportunity to present our case starting Monday.”


The lawyer briefed on the talks said that one problem with the current proposal by federal and state officials was that it did not cover economic damages claimed by the states related to the spill. Such claims could still leave BP on the hook for billions more, in addition to the environmental damages.


The late negotiations among federal and state officials to find common ground represents progress, even if limited, in the search for a settlement. The five states have had sharp disagreements over how much BP should pay and how billions of dollars in potential settlement funds should be divided.


For example, only two of the states, Louisiana and Alabama, are participating in the trial starting on Monday, though Florida, Mississippi and Texas could be part of any settlement. Officials in Louisiana believe their state deserves the bulk of any settlement since that state’s coastal waters, fisheries and businesses suffered the most. Florida and other states that escaped serious coastal damage instead want money for economic losses that they sustained.


“There are a lot of moving parts,” said Luther Strange, the attorney general of Alabama. “Personalities aside, the issues are so complex.” Another lawyer briefed on the talks said he believed any proposal involving Louisiana would be significant because its participation would be critical to any settlement.


Also, billions of dollars could be assessed against BP in several ways, either through fines, or through penalties to redress environmental damage and payments to cover economic losses. And each of those methods represents a different set of stakes and consequences for each of the states and for BP.


For instance, BP would prefer to limit the fines, and make more payments through environmental damage penalties, because those penalties can be written off as tax deductions while fines cannot. But the states have more flexibility in spending money derived from fines.


To date, BP has agreed to pay an estimated $30 billion in fines, settlement payments and cleanup costs related to the Deepwater Horizon explosion, which killed 11 workers aboard the rig. And so far, company officials have said that they have no intention of acceding to demands from the states for huge economic damages.


Still, the stakes for BP in the trial are high. If the company is found in this first phase of the trial to have acted with gross negligence, BP could face up to $17.5 billion in penalties, much of that in fines that would hit the bottom line hardest because those fines do not qualify as tax deductions.


The lack of a unified strategy to date among the states has also posed another problem for BP; companies are less likely to settle a major lawsuit if they know yet another one is waiting.


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The Patron of Siena, Monte Dei Paschi, Stumbles


Stefano Rellandini/Reuters


The headquarters of Monte dei Paschi in Siena, Italy. At 541 years old, it is the world's oldest bank.










SIENA, ITALY — Cut into the stonework of the imposing Palazzo Salimbeni here is a name that has been entwined in the fortunes of this Tuscan city for five centuries: Monte dei Paschi, or Mount of Pastures.








Massimo Berruti for The International Herald Tribune

Alessandro Profumo said Monte dei Paschi was undone in part by its dealings with several large, international banks.






Since the days of the Medici in Florence, to the north, the banking house of Monte dei Paschi has rained wealth on the people of Siena. For 541 years, it has endured war, plague and panic, and it stands today as the world’s oldest bank.


But beyond the arched entrance of the Salimbeni palace, inside the stately offices of Monte dei Paschi di Siena, a modern disaster has done what the centuries could not. Monte dei Paschi, founded in 1472, has been brought to its knees by 21st-century finance. To howls across Italy, the government has hastily arranged a €3.9 billion, or $5.1 billion, bailout. The widening scandal, which hit at a time of growing economic distress in Italy, has boiled over into an issue in nationwide elections to be held Sunday and Monday.


Nowhere is the shock greater than in Siena. For many here, Monte dei Paschi is more than a bank. It is “Babbo Monte” — Daddy Monte — the city’s largest employer and greatest patron. For as long as anyone can remember, its money has helped pay for myriad charities and civic works, including Siena’s signature annual event, the colorful Palio horse races around the Piazza del Campo each summer. The bank’s largest shareholder, the charitable Monte dei Paschi Foundation, has long operated as a sort of shadow government here.


Now, everyone wonders what will happen without Babbo Monte’s money.


“Nothing falls from the sky anymore,” said Mario Marzucchi, the president of Misericordia di Siena, which provides health care to the city’s poor and operates a fleet of ambulances. The charity is struggling to maintain services and was hoping to renovate its clinic, which is located inside a former Benedictine monastery.


Caterina Barbetti, the director of a cooperative that operates nursery schools, said she has had to cut back free child care to the city’s poor. She used to depend on Babbo Monte, too. “Now,” she said, “he has left.”


Monte dei Paschi has occupied its palace in Siena’s old town since the bank was founded, although it has added modern trappings like bulletproof glass doors. The bank’s archives are located in a vaulted room once used to store weapons. In the piazza out front stands a statue of Sallustio Bandini, an 18th-century Tuscan economist who was an early advocate of free trade.


Where Monte dei Paschi goes from here will be determined largely by Alessandro Profumo, a prominent banking executive brought in from Milan. Mr. Profumo, 56, is no stranger to controversy. In 2010, he was removed as the chief executive of another Italian bank, UniCredit, after the Libyan government acquired a large stake in that bank.


Seated in an office that is decorated with a fresco, begun in the 1400s, of the Virgin Mary protecting the citizens of Siena, Mr. Profumo said Monte dei Paschi was undone in part by its dealings with several large, international banks. JPMorgan Chase and others helped arrange transactions that ultimately hurt the Italian bank. The foreign banks have not been accused of wrongdoing, but Mr. Profumo suggested they profited at Monte dei Paschi’s expense.


“Clearly many investment banks made a lot of money on Monte dei Paschi,” Mr. Profumo said. “I would say too much money.”


The picturesque setting aside, the outlines of what went wrong here are all to familiar. In Siena, as in much of Europe, banks controlled by politicians provided loans and jobs in return for votes, and sponsored charities and civic organizations to buy good will. Vincenzo Loi, the chief financial officer of A.C. Siena, the city’s soccer team and another long-time beneficiary of Monte dei Paschi’s largess, likened the system to the way the Roman emperors kept their citizens happy with bread and circuses. The bank’s troubles have been exploited as an issue by the right and left in Italian politics. At a meeting of the bank’s shareholders in January, Beppe Grillo, a comedian turned populist political leader, delivered a tirade about the bank’s longtime connections to the Democratic Party, which for decades was the dominant political force in the city.


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Via Video, a Front-Row Seat to a Fashion Show


As the Belstaff runway show began in New York City last week, buyers, designers and bloggers crowded into their seats, jotted notes and took smartphone photos as the models strutted by.


But it was another crowd, outside the tents, that Belstaff executives were particularly interested in this season. For the second time, it was live streaming its fashion show. And the Web viewers were not just potential fans, they were data sources to help Belstaff predict which of the runway items might be hits in stores this summer.


“If you can have a bit of information that helps you beat the market and pick more winners,” said Damian Mould, Belstaff’s chief marketing officer, “you’d be stupid not to take it.”


Fashion Week, which wrapped up last week in New York and moved on to London and Milan this week, used to be an insular industry event. Buyers and editors attended and made calls as to what their customers would want months from now.


But that has changed. Fashion houses in recent years started to sidestep the middleman by giving the public a front-row seat via webcam video. While that was more of a marketing tool at first, live streaming — and other ways to give consumers digital access to runway fashion — is now being seen as a research opportunity.


As more brands offer live videos of the shows, regular viewers see exactly what the buyers and editors are seeing, and influence what will be made by pausing on an outfit or posting Twitter messages about a particular style.


On retail fashion Web sites like Lyst and Moda Operandi, designers are allowed to track consumers’ early orders to gauge demand before they make clothes. And a handful of brands, like Burberry, are allowing regular customers to order runway clothes as the shows are live streamed.


Increasingly, the public is weighing in on fashion — and designers are listening. “It’s creating a commercial opportunity around an event that was previously an industry event,” said Aslaug Magnusdottir, the chief executive of Moda Operandi.


Mass-market apparel has long embraced the Web, but high fashion brands were wary of even having e-commerce sites a few years ago, fearing that would cheapen their brands. Now, the embrace of the Twitter-using public is causing some tension in the high-fashion world, where buyers’ tastes used to reign supreme.


“Of course the buyer knows their customer,” said Mortimer Singer, chief executive of the retail consulting firm Marvin Traub Associates, “but I think it’s hard to ignore when someone turns around to you and says, by the way, we got 50 preorders of this style.”


Live streams are an important way of measuring customer interest. They became popular a few years ago and are now regularly syndicated on fashion blogs and style sites.


“It’s not only what consumers are watching, but the devices they’re on, the geographies that they’re in, the engagement — what part of the video stream was of most interest, where did they abandon the video,” said Jay Fulcher, chief executive of Ooyala, which makes a video player that streamed Fashion Week shows, including those for DKNY, Marc Jacobs, Oscar de la Renta, Belstaff and Tory Burch.


According to B Productions, which produced the video for those shows, brands’ live-stream viewership has grown by about 20 to 40 percent every year, and the data is becoming more precise.


“It’s not just that they stopped watching five minutes in,” said Russell Quy, president of BLive by B Productions, “but we’re able to attach that to an actual outfit.”


Belstaff, a British brand known for its outerwear, gathered data via the live stream of its recent women’s show in a few ways. It syndicated the live streams on a number of fashion sites.


By looking at Twitter mentions timed to the live stream, the company saw that the first five looks — new twists on classic jackets — drew enthusiastic responses.


“I’ve informed the buying team of that interest, so I know they’re going to buy big and deep in that category when the product comes in,” Mr. Mould said.


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DealBook: A Revolving Door in Washington That Gets Less Notice

Obsess all you’d like about President Obama’s nomination of Mary Jo White to head the Securities and Exchange Commission. Who heads the agency is vital, but important fights in Washington are happening in quiet rooms, away from the media gaze.

After a widely praised stint as a tough United States attorney, Ms. White spent the last decade serving so many large banks and investment houses that by the time she finishes recusing herself from regulatory matters, she may be down to overseeing First Wauwatosa Securities.

Ms. White maintains she can run the S.E.C. without fear or favor. But the focus shouldn’t be limited to whether she can be effective. For lobbyists, the real targets are regulators and staff members for lawmakers.

Ms. White, at least, will have to sit for Congressional testimony, answer occasional questions from the media and fill out disclosure forms. Staff members, however, work in untroubled anonymity for the most part. So, while everyone knows there’s a revolving door — so naïve to even bring it up! — few realize just how fluidly it spins.

Take what happened late last month as Washington geared up for more fights about the taxing, spending and the deficit. The Senate majority leader, Harry Reid, Democrat of Nevada, decided to bolster his staff’s expertise on taxes.

So on Jan. 25, Mr. Reid’s office announced that he had appointed Cathy Koch as chief adviser to the majority leader for tax and economic policy. The news release lists Ms. Koch’s admirable and formidable experience in the public sector. “Prior to joining Senator Reid’s office,” the release says, “Koch served as tax chief at the Senate Finance Committee.”

It’s funny, though. The notice left something out. Because immediately before joining Mr. Reid’s office, Ms. Koch wasn’t in government. She was working for a large corporation.

Not just any corporation, but quite possibly the most influential company in America, and one that arguably stands to lose the most if there were any serious tax reform that closed corporate loopholes. Ms. Koch arrives at the senator’s office by way of General Electric.

Yes, General Electric, the company that paid almost no taxes in 2010. Just as the tax reform debate is heating up, Mr. Reid has put in place a person who is extraordinarily positioned to torpedo any tax reform that might draw a dollar out of G.E. — and, by extension, any big corporation.

Omitting her last job from the announcement must have merely been an oversight. By the way, no rules prevent Ms. Koch from meeting with G.E. or working on issues that would affect the company.

The senator’s office, which declined to make Ms. Koch available for an interview, says that she will support the majority leader in his efforts to close corporate tax loopholes. His office said in a statement that the senator considered her knowledge of the private sector to be an asset and that she complied with “all relevant Senate ethics rules and disclosures.”

In a statement, the senator’s spokesman said, “The impulse in some quarters to reflexively cast suspicion on private sector experience is part of what makes qualified individuals reluctant to enter public service.”

Over in bank regulatory land, meanwhile, January was playing out like a Beltway remake of “Freaky Friday.”

Julie Williams, chief counsel for the Office of the Comptroller of the Currency and a major friend of the banks for years, had been recently shown the door by Thomas J. Curry, the new head of the regulator. Banking reform advocates took that to be an omen that a new era might be dawning at the agency, which has often been a handmaiden to large banks.

Ms. Williams, of course, landed on her feet. She’s now at the Promontory Financial Group, a classic Washington creature that is a private sector mirror image of a regulatory body. Promontory is the Shadow O.C.C. The firm was founded by a former head of the agency, Eugene A. Ludwig, and if you were to walk down the halls swinging a copy of the Volcker Rule, you would be sure to hit a former O.C.C. official. Promontory says only about 5 percent of its employees comes from the O.C.C., but concedes that more than a quarter are former regulators.

Promontory, as the firm explains on its Web site, “excels at helping financial companies grapple with and resolve critical issues, particularly those with a regulatory dimension.” But it plays for the other team, too, by helping the O.C.C. put into effect regulatory reviews. The dreary normality of this is a Washington scandal in the Michael Kinsley sense: a perfectly legal one.

Promontory, which demurred on a request to talk with Ms. Williams, has a different view. The firm doesn’t lobby or help in litigation. It argues that after banks stop fighting regulators and lobbying against rules, then they come to Promontory to figure out how to fix their problems and comply.

“We are known in the industry as the tough-love doctors,” said Mr. Ludwig, the chief executive of Promontory. “I am deeply committed to financial stability, and the only way to have stability is to do the right thing in both the spirit and letter of the law.”

Hmm. Remember the Independent Foreclosure Review, the program that the O.C.C. and other federal bank regulators trumpeted as the largest effort to compensate victims of big banks’ foreclosure abuses? As my colleague at ProPublica, Paul Kiel, detailed last year, that review involved consultants like Promontory essentially letting banks decide who was victimized. How well did that work? So well that the regulators had to scuttle the program because it hadn’t given one red cent to homeowners but somehow, I don’t know how, managed to send more than $1.5 billion to consultants — including Promontory.

Promontory maintains that it complied with the conditions set out by the O.C.C. And the review was replaced by a settlement, which the regulators say will compensate victims — though the average payout is small beer.

Who, exactly, makes the rules at the O.C.C.? I mentioned “Freaky Friday.” That’s because at the agency, Ms. Williams is being replaced by Amy Friend. And where is Ms. Friend coming from? Wait for it … Promontory. In March, maybe they’ll do the switcheroo back.

The O.C.C. didn’t make Ms. Friend available but said that her “talent, integrity and commitment to public service are beyond reproach” and would be subject to the rule requiring her to recuse herself for a year on matters specifically relating to her former employer.

I spoke with people who said she was a smart and dedicated public servant, an expert on the Dodd-Frank Act who can help complete the scandalously long list of unfinished rules and expedite its adoption.

“Amy Friend is absolutely rowing in the right direction,” said a Senate staff member who worked on efforts to push for stronger financial regulation.

Let’s hope so.

But people also described Ms. Friend as pragmatic. In Washington, that’s the ultimate compliment. Sadly, that has come to mean someone who seeks compromise and never pushes for an overhaul when a quarter-measure will do.

Washington today resembles something like the end of “Animal Farm.” People move from one side of the table to the other and up and down the Acela corridor with ease. An outsider looking at a negotiating table would glance from lobbyist to staff member, from colleague to former colleague, from pig to man and from man to pig and find it impossible to say which is which.


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DealBook: Morgan Stanley Strives to Coordinate 2 Departments Often at Odds

Several hundred Morgan Stanley retail branch managers descended on the JW Marriott Orlando Grande Lakes resort in Florida early this month for a retreat. They were greeted by an unlikely colleague, Colm Kelleher, who runs the company’s sales and trading and investment banking departments.

Traditionally, traders and investment bankers think of themselves as the elite of Wall Street and look down on the retail business, seeing it as pedestrian. Yet Mr. Kelleher had a message for the branch managers: His group can work with retail brokers to increase profits at Morgan Stanley.

That message evokes the strategic emphasis that followed the 1997 merger of Morgan Stanley with Dean Witter, Discover & Company. The rationale for that deal was to create a financial supermarket where the retail brokerage and the investment banking businesses could complement each other.

But the company’s swaggering traders wanted little to do with the financial advisers, creating tension and turmoil that would lead to upheaval at the top.

The company over the years has set up revenue sharing agreements between bankers and traders. But that, too, created strife, with bankers and traders accusing each other of deliberating misstating revenue to avoid splitting fees, which some traders called the investment banker tax.

“Morgan Stanley has a horrible history of getting these groups to work together,” said Richard Bove, an analyst with Rafferty Capital Markets.

Yet since Morgan Stanley moved to acquire control of the Smith Barney brokerage business from Citigroup in 2009, the balance of power has shifted to wealth management, which now accounts for almost 52 percent of the company’s revenue, up from roughly 16 percent in 2006.

Gregory J. Fleming, the chief of the brokerage business, and Mr. Kelleher have been under pressure from shareholders to coax greater profits from the low-margin brokerage business by finding ways for retail and investment banking to work better together. The two men are said to have a good working relationship, leading to renewed optimism that the company can finally find synergies among its various divisions.

That is a change from a few months ago, when cooperation was difficult, according to employees at the company, because of personality conflicts between Mr. Kelleher and the investment banker Paul Taubman, who were the two co-heads of the institutional securities business. The employees spoke on the condition of anonymity because of the policy against speaking to the news media without permission.

Mr. Taubman departed recently after a power struggle, leaving Mr. Kelleher solely in charge of sales and trading, and investment banking.

In recent months, the company has made changes intended to improve communication among divisions. Last fall, Morgan Stanley transferred Eric Benedict, an ally of Mr. Kelleher, to wealth management to run its capital markets operation. Previously Mr. Benedict worked for Mr. Kelleher on the equity syndicate desk.

A few months after Mr. Benedict moved to wealth management, the company created a bond, or fixed income, sales group to focus on middle-market clients. The company then transferred some of its smaller banking clients into wealth management to give them more attention. The fixed-income division will share revenue from this middle-market unit with wealth management.

James P. Gorman, the chief executive of Morgan Stanley, is hoping that its sales and trading unit will work more closely with wealth management to increase lending, better tailor structured products for retail clients and improve collaboration on events like public offerings, company insiders said.

For instance, Morgan Stanley may take a company public and the executives at that company may need advice managing their personal wealth. In such an instance, the bankers would alert wealth management, which could dispatch a broker to assess the situation.

In January, on a call with investors to discuss the company’s fourth-quarter results, Mr. Gorman said 35 projects were under way to encourage collaboration between these businesses. One focus is how to increase lending to the firm’s corporate and individual clients.

A lot is riding on Mr. Gorman’s strategy. Morgan Stanley, which for years was best known for its high-flying trading operations and investment bank, was badly bruised in the financial crisis. Since then regulators have established rules that require banks to post more capital against riskier operations, compelling Morgan Stanley to scale back or get out of certain businesses. Morgan Stanley has shrunk its fixed income department, where most of its risk taking was embedded.

But, if Mr. Gorman can make it work, Mr. Bove predicted the chief could return Morgan Stanley to its former glory, “albeit in a different form.” Mr. Bove has a buy rating on Morgan Stanley.

Morgan Stanley emerged from the financial crisis safer, but less profitable. In 2012 it posted a return on equity (excluding a charge related to its debt) of 5 percent. Return on equity is an important measure of how effectively shareholder money is being deployed. Goldman posted a return on equity for the same period of 10.7 percent. To simply cover its debt expenses and other capital costs, Morgan Stanley must achieve a return on equity closer to 10 percent.

Investors also focused on another number, from Morgan Stanley’s wealth management unit. That division posted a pretax profit margin of 17 percent in the fourth quarter of 2012, exceeding most analysts’ expectations.

The number was higher than expected, according to people briefed on the matter but not authorized to speak on the record, because the company deferred from the fourth quarter some major costs like compensation for certain executives.

As a result, some analysts and rivals are wondering how sustainable that level is. Morgan Stanley insiders say while some one-time items did help increase that number, it wasn’t significant and they expect Mr. Fleming to produce a lower but still high pretax profit margin for the current quarter.

“Although the first-quarter margin is seasonally lower, we believe that we can drive margins to the high teens and above over time even with only with modest revenue growth and a low interest rate environment,” said Ruth Porat, chief financial officer at Morgan Stanley, on a conference call last week with fixed-income investors.

For that number to rise significantly, Mr. Fleming must make some of recent initiatives work, analysts say.

“Everyone is watching that number,” said an executive at a rival firm who was not authorized to speak on the record. “If they can increase, it will be a sign Gorman’s strategy is working, but so far not everyone is convinced.”


This post has been revised to reflect the following correction:

Correction: February 19, 2013

An earlier version of the article incorrectly stated that wealth management now accounts for almost 52 percent of the company’s profit. Wealth management now accounts for almost 52 percent of the company's revenues.

A version of this article appeared in print on 02/19/2013, on page B1 of the NewYork edition with the headline: Morgan Strives To Coordinate 2 Departments Often at Odds.
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Draghi Seeks to Quiet Talk About Global Currency War


BRUSSELS — The president of the European Central Bank sought Monday to ease fears that countries including Japan were deliberately weakening their currencies and that European exporters were threatened by a round of competitive devaluations among the world’s major economies.


The comments by Mario Draghi appeared to show how some of the world’s most senior economic policy makers were continuing to grapple with the prospect of a “currency war,” even after finance ministers from the Group of 20 pledged over the weekend to refrain from devaluing their currencies to gain a competitive advantage in global trade.


During an afternoon of scheduled testimony before the European Parliament’s Economic and Finance Committee in Brussels, Mr. Draghi noted that the euro’s current exchange rate was close to its long-term average. He advised officials not to make alarmist comments.


“Most of the exchange rate movements that we have seen were not explicitly targeted; they were the result of domestic macroeconomic policies meant to boost the economy,” Mr. Draghi told the committee, without mentioning any countries by name. “In this sense, I find really excessive any language referring to currency wars.”


But Mr. Draghi also seemed to suggest that central banks could succumb to mutual suspicion about whether they were deliberately seeking to set exchange rates. “The less we talk about this, the better it is,” he said.


Underscoring the point, Mr. Draghi said he had “urged all parties” to exercise “very, very strong verbal discipline” at the G-20 finance ministers’ meeting in Moscow over the weekend.


The euro hit a record of ¥127.18 on Feb. 2, up from ¥114.48 at the start of the year. It stood at just ¥94.31 in July 2012. The euro traded at ¥125.46 on Monday, up slightly, and was flat against the dollar, at $1.3352.


Since the rapid strengthening of the euro against the yen and other major currencies, there has been a concerted push by industrialized nations to convey the message that they will let the markets determine the value of their currencies.


Last week the Group of 7 sought to quell fears of a developing currency war. Then, over the weekend, the G-20 finance ministers issued a statement saying they had concluded that loose monetary policy, including steps to weaken currencies, were acceptable if used as a means to stimulate domestic growth. But they also warned that such policies should not be used to benefit a country’s position in global trade.


Guntram B. Wolff, the deputy director of Bruegel, a research organization, said that he believed Japan’s central bank policy makers were carrying out an expansionary monetary policy in an appropriate way — as a means to spur economic growth, not as a way to aid Japanese exporters.


Instead, Mr. Wolff said, Mr. Draghi might be concerned about the U.S. Federal Reserve, where policy makers are considering continuing their expansionist monetary policy until the unemployment rate falls significantly, and about the Bank of England, which may end up pursuing similar policies as it revises the way it sets goals for economic growth.


“The bigger question is what central banks in the developed world are doing — I’m thinking here about the Bank of England and the Federal Reserve — and whether we have a danger of competitive devaluation,” Mr. Wolff said. “While we claim that all of this is done for domestic purposes, the internal and external goal can become the same, and then you have the risk that this turns toxic.”


A loose monetary policy intended to spur growth often has the effect of devaluing a currency, making a country’s exports more affordable and its competitors’ exports more expensive. For example, a strong euro means that exports like cars and wines become more expensive abroad. That puts European producers at a disadvantage in competing with foreign producers on world markets.


Yet a strong euro also brings some advantages for Europe. Certain imports — like energy, in the form of oil and natural gas — become more affordable.


Over the past few years, emerging-market countries like Brazil have openly accused slow-growing advanced countries like the United States of unfairly pushing down the value of their currencies with their aggressive monetary policies. And, for years, the United States has accused export-reliant emerging economies, in particular China, of manipulating their currencies, too.


More recently, in Japan, stimulus programs backed by the newly elected prime minister, Shinzo Abe, have kept interest rates near zero and flooded the economy with money, which has reduced the cost of Japanese products around the world.


In Europe, while confidence has grown that the Union will be able to manage its sovereign debt crisis, the euro has made significant gains against the dollar and other currencies. That is making European exports more expensive, a factor that could hamper growth.


The gains have prompted François Hollande, the president of France — which has traditionally taken a more interventionist stance in economic matters — to call for a European exchange-rate policy.


Mr. Draghi did allow that the relative strength of the euro “is important for growth and price stability” and that “to the downside,” an “appreciation of the euro is a risk.” He said the E.C.B. would assess whether the exchange rate was having an effect on inflation.


But for now, Mr. Hollande has very little traction on the issue. Jeroen Dijsselbloem, the newly appointed president of the Eurogroup of euro zone finance ministers, gave the French request short shrift this month, and a senior German official has decried the French initiative as a poor substitute for policy overhauls.


“Can you have a managed exchange rate in Europe?” asked Karel Lannoo, the chief executive of the Center for European Policy Studies, a research organization in Brussels. “Probably not, when you consider how hard it would be to agree on a rate and the means to maintain it. ”


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A First Step on Continent for Google on Use of Content


PARIS — Publishers in France say they have struck an innovative agreement with Google on the use of their content online. Their counterparts elsewhere in Europe, however, say the French gave in too easily to the Internet giant.


The deal was signed this month by President François Hollande of France and Eric E. Schmidt, the executive chairman of Google, who called it a breakthrough in the tense relationship between publishers and Google, and as a possible model for other countries to follow.


Under the deal, Google agreed to set up a fund, worth €60 million, or $80 million, over three years, to help publishers develop their digital units. The two sides also pledged to deepen business ties, using Google’s online tools, in an effort to generate more online revenue for the publishers, who have struggled to counteract dwindling print revenue.


But the French group, representing newspaper and magazine publishers with an online presence, as well as a variety of other news-oriented Web sites, yielded on its most important demand: that Google and other search engines and “aggregators” of news should start paying for links to their content.


Google, which insists that its links provide a service to publishers by directing traffic to their sites, had fiercely resisted any change in the principle of free linking.


The agreement dismayed members of the European Publishers Council, a lobbying group in Brussels, which has been pushing for a fundamental change in the relationship between publishers and Google. The group criticized the French publishers for breaking ranks and striking a separate business agreement that has no statutory standing.


The deal “does not address the continuing problem of unauthorized reuse and monetization of content, and so does not provide the online press with the financial certainty or mechanisms for legal redress which it needs to build sustainable business models and ensure its continued investment in high-quality content,” Angela Mills Wade, executive director of the publishers council, said in a statement.


German publishers were also scornful, with Anja Pasquay, a spokeswoman for the German Newspaper Publishers’ Association, saying: “Obviously the French position isn’t one that we would favor. This is not the solution for Germany.”


Germany has been in the forefront of the push to get Google to share with online news publishers some of the billions of euros that the company earns from the sale of advertising. A proposed law, endorsed by the government of Chancellor Angela Merkel and working its way through the federal legislature, would grant a new form of copyright to digital publishers. If enacted, it could allow publishers to charge search engines or aggregators for displaying even snippets of news articles alongside links to other Web sites.


Mr. Hollande had vowed to introduce similar legislation this winter if Google and the publishers did not come to terms. It appears that Google, which had threatened to stop indexing French Web sites’ content if it had to pay for links, has sidelined the threat of legislation, at least for now; the agreement will be reviewed after three years, Mr. Hollande has said.


Under the deal, Google says it will help the publishers use several of its digital advertising services, including AdSense, AdMob and Ad Exchange, more effectively.


Publishers are already free to use these services, and it was not immediately clear how they would be able to generate more revenue from them; this part of the accord remains confidential, both sides say, because they are still negotiating the fine print.


“This agreement can help accelerate the move toward greater advertising revenues in the digital world,” said Marc Schwartz of Mazars, a consulting firm, who is serving as an independent mediator in the talks. “I’m not saying we have done everything, but it’s a first step in the right direction.”


More has been said about the planned innovation fund. Publishers will submit proposals to the fund, which will select ideas to finance and develop, with the involvement of Google engineers.


“The idea is that it would inject innovation into the sector in France,” said Simon Morrison, copyright policy manager at Google.


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Fair Game: Don’t Blink, or You’ll Miss Another Bank Bailout





MANY people became rightfully upset about bailouts given to big banks during the mortgage crisis. But it turns out that they are still going on, if more quietly, through the back door.




The existence of one such secret deal, struck in July between the Federal Reserve Bank of New York and Bank of America, came to light just last week in court filings.


That the New York Fed would shower favors on a big financial institution may not surprise. It has long shielded large banks from assertive regulation and increased capital requirements.


Still, last week’s details of the undisclosed settlement between the New York Fed and Bank of America are remarkable. Not only do the filings show the New York Fed helping to thwart another institution’s fraud case against the bank, they also reveal that the New York Fed agreed to give away what may be billions of dollars in potential legal claims.


Here’s the skinny: Late last Wednesday, the New York Fed said in a court filing that in July it had released Bank of America from all legal claims arising from losses in some mortgage-backed securities the Fed received when the government bailed out the American International Group in 2008. One surprise in the filing, which was part of a case brought by A.I.G., was that the New York Fed let Bank of America off the hook even as A.I.G. was seeking to recover $7 billion in losses on those very mortgage securities.


It gets better.


What did the New York Fed get from Bank of America in this settlement? Some $43 million, it seems, from a small dispute the New York Fed had with the bank on two of the mortgage securities. At the same time, and for no compensation, it released Bank of America from all other legal claims.


When I asked the Fed to discuss this gift to the bank, it declined. To understand how the settlement happened, we must go back to the dark days of September 2008. With the giant insurer A.I.G. teetering, the government stepped in. As part of the rescue, A.I.G. sold mortgage securities to an investment vehicle called Maiden Lane II overseen by the New York Fed. A.I.G. was bleeding from its toxic mortgage holdings, many of which were issued by Bank of America, and it received $20.8 billion for securities with a face value of $39.2 billion.


In 2011, aiming to recover some of that $18 billion loss, the insurer sued Bank of America for fraud. The case, filed in New York state court, sought $10 billion in damages from the bank, $7 billion of that related to securities that A.I.G. sold to Maiden Lane II. Bank of America, for its part, argued that A.I.G. had no standing to sue for fraud on the Maiden Lane securities. With the sale, Bank of America contended, the right to bring a legal claim against the bank for fraud passed to Maiden Lane II. That entity, controlled by the New York Fed, never brought fraud claims against the bank.


Not so fast, said A.I.G. Under New York law, which governs Maiden Lane II, an entity has to explicitly transfer the right to sue for fraud, it said. The original agreement between the New York Fed and A.I.G. never specified such a transfer, the insurer contended.


To settle this question, A.I.G. filed a separate lawsuit against Maiden Lane II in a New York court last month.


A.I.G.’s $10 billion fraud case against Bank of America, meanwhile, was moved to federal court. For pretrial purposes, the bank asked that Mariana R. Pfaelzer, a federal judge in the central district of California, oversee aspects of the case involving the bank’s Countrywide unit, which was in California. Its request was granted. On Jan. 30, Judge Pfaelzer said she would rule on the issue of who owns the legal claims.


Initially, in an October 2011 letter to A.I.G., the New York Fed agreed that the insurer had the right to seek damages under securities laws on instruments it sold to Maiden Lane II.


But more recently, the New York Fed began helping Bank of America battle A.I.G. In late December, the New York Fed provided two declarations to the bank. One stated that Maiden Lane II had “intended” to receive all litigation claims relating to the mortgage securities, meaning that it alone would have had the right to sue. Another said that the October letter was not an interpretation of the Maiden Lane agreement.


But Jon Diat, an A.I.G. spokesman, said in a statement that “A.I.G. and the Federal Reserve Bank of New York never discussed or agreed on any transfer of A.I.G.’s residential mortgage-backed securities fraud claims to Maiden Lane II.” He added that A.I.G. believes “it is the rightful owner of these claims and remains committed to holding Bank of America and other counterparties responsible for the harm caused.” 


LAST week, the New York Fed opposed A.I.G.’s efforts to have the question of who owns the legal rights decided in New York, whose law governs the Maiden Lane II agreement, rather than in California. It was in this filing that the New York Fed disclosed its confidential July 2012 deal with Bank of America, releasing it of any liability arising from fraud in the Maiden Lane II securities.


Let’s recap: For zero compensation, the New York Fed released Bank of America from what may be sizable legal claims, knowing that A.I.G. was trying to recover on those claims.


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DealBook: The Icahn Effect on Herbalife Shares

1:43 p.m. | Updated

Investors in Herbalife initially cheered the disclosure that Carl C. Icahn had taken a big stake in the company, sending the stock price higher on Friday morning.

But that enthusiasm appeared to fade a bit once Mr. Icahn had an opportunity to explain his reasons for investing in the nutritional supplements company.

The stock gave up some gains at midday on Friday, falling below $40 a share after initially rising as high as $45. It was trading around $41 in the afternoon, up about 7 percent from the previous closing price. Trading volume surged during the time that Mr. Icahn was being interviewed at midday Friday on CNBC.

Mr. Icahn on Thursday disclosed a stake in Herbalife of 12.98 percent. While the investment may very well be a bet on vitamins and protein shakes, it also puts Mr. Icahn squarely in opposition to a longtime rival, the hedge fund manager William A. Ackman, who revealed in December a big wager that Herbalife shares would fall.

The animosity between the two financial titans has its roots in a decade-old dispute.

“I’m not going to lie to you and say that if Ackman gets squeezed I’ll feel very sorry and cry and do penance,” Mr. Icahn said on CNBC on Friday. “But that’s not the reason I’m doing this.”

“This is not an ad hominem thing. It is really not a personal thing,” Mr. Icahn insisted. But he added: “The fact that I don’t like Ackman you could say is the strawberry on top of the ice cream.”

Mr. Icahn described Herbalife as a strong company that had growth potential, calling it “a quintessential example of a company that should be taken private.”
He added that he believed Herbalife sold high-quality products.

Mr. Ackman, the head of Pershing Square Capital Management, contends that Herbalife is an abusive pyramid scheme, an argument that he first outlined when he revealed his large short-selling position in December. That position hasn’t changed.

“Our conclusions are unaffected by who is on the other side of the investment,” Mr. Ackman said in a statement on Friday. “Our goal was to shine a spotlight on Herbalife. To the extent that Mr. Icahn is helping achieve this objective, we welcome his involvement.”

Mr. Icahn, who said he recently met with Herbalife’s chief executive, alluded to some possible plans for the company in a regulatory filing. These “strategic alternatives to enhance shareholder value” could include a “recapitalization or a going-private transaction,” the filing said.

Friday’s CNBC segment followed a drama-filled half-hour in late January, when Mr. Icahn and Mr. Ackman had a heated argument on the channel. Mr. Icahn owned a stake in Herbalife at that point, he revealed on Thursday, but he ramped up his purchases in the following weeks.

That investment appeared to be intended, at least in part, as a way to squeeze Mr. Ackman, the CNBC host suggested. Mr. Ichan denied that, but he didn’t disguise his distaste for his rival.

“If somebody wants to live by the sword,” Mr. Icahn said, “you die by the sword.”

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Judge Clears Transocean Plea in Gulf Spill





HOUSTON – A federal judge in New Orleans approved on Thursday Transocean’s agreement with prosecutors to plead guilty to a misdemeanor charge and pay $400 million in criminal penalties for its role in the 2010 Gulf of Mexico oil well blowout that left 11 workers dead and resulted in a yearlong moratorium on deepwater drilling.




The Switzerland-based owner and operator of the ill-fated Deepwater Horizon oil rig was charged with negligently discharging oil into the gulf.


“I believe the plea agreement is reasonable and is accepted,” said United States District Judge Jane Triche Milazzo. No witnesses came to court to object to the agreement, and Judge Milazzo said she received no letters of opposition.


Transocean’s criminal fine is the second highest assessed for an environmental disaster, but it pales in comparison with the $1.26 billion in criminal fines that BP was assessed for the same accident that spewed millions of barrels of crude oil into the gulf, soiling hundreds of miles of beaches in Louisiana, Mississippi and Alabama.


Various government and independent reports have concluded that Transocean’s crew was negligent in interpreting pressure tests that might otherwise have made certain that the well casing and cement would not have leaked oil and gas. In court filings, the government reiterated its contention that BP supervisors had ultimate responsibility for supervising the testing.


In a statement made when the agreement was reached last month, Transocean said it represented a “a positive step forward” and company lawyers in a filing said Transocean “accepts responsibility” for criminal conduct.


The company has also agreed to pay $1 billion in civil penalties, and will be on probation for five years. Much of the money Transocean has agreed to pay will go toward research for oil spill prevention and response and to restoration of coastal natural habitat including the restitution of barrier islands off the coast of Louisiana.


Now, the long legal process surrounding the 2010 accident will focus again on BP.


BP, which has already pleaded guilty to 11 counts of felony manslaughter and other charges and agreed to pay a total of $4.5 billion in fines and penalties, is scheduled to return to court again on Feb. 25. Unless it reaches a settlement before then with the Justice Department, it faces as much as $21 billion in civil fines for what the government claims was gross negligence for the discharge of an estimated 4.9 million barrels of oil over 87 days.


BP has so far strongly contested the claim that it was grossly negligent and it maintains that the government’s estimates for the amount of oil spilled has been exaggerated. BP executives have publicly and privately said they do not expect to settle out of court, and government rhetoric describing the company’s responsibilities has become more heated in recent months.


BP is also facing potential damages of more than $30 billion from claims made by the gulf states and local governments for property and economic damages. The company has already been forced to divest roughly $38 billion of assets to survive its long legal saga.


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DealBook: Societe Generale to Restructure After 4th-Quarter Loss

5:05 a.m. | Updated

PARIS – Société Générale, one of the largest French banks, posted a larger fourth-quarter loss on Wednesday than the market had expected and said it would restructure to cut costs and simplify operations.

The bank reported a net loss of 476 million euros ($640 million), compared with a profit of 100 million euros in the period a year earlier. Analysts surveyed by Reuters had expected a net loss of about 237 million euros.

Profit was hurt by a charge of 686 million euros as the bank revalued its own debt, an accounting obligation as the market for those securities improved. It also set aside 300 million euros as a provision against legal costs, and it wrote down 380 million euros of good will in its investment banking business, mostly on the Newedge Group, a brokerage in which it owns a 50 percent stake.

Excluding the one-time items, it said fourth-quarter net income would have been about 537 million euros.

Under Frédéric Oudéa, its chairman and chief executive, Société Générale has been working to emerge from the financial crisis as a leaner institution. It said that from mid-2011 to the end of 2012, it disposed of 16 billion euros of loan portfolio assets from the corporate and investment banking unit, and an additional 19 billion euros of other assets.

The bank’s restructuring, and an improvement in sentiment in the euro zone economy, have helped to restore its market standing. After a difficult 2011 that was marred by questions about Société Générale’s exposure to Greece, the bank’s shares have rallied, gaining 49 percent in the last year.

In a research note to investors, Andrew Lim, a banking analyst at Espirito Santo in London, said that while “management has dealt convincingly with concerns about weak capital adequacy and liquidity in 2012, Société Générale is still struggling to convince investors that it can achieve improved returns.”

Shares in Société Générale, based in Paris, fell 3.5 percent in morning trading on Wednesday.

Société Générale said on Wednesday that Philippe Heim would take over as chief financial officer. Mr. Heim succeeds Bertrand Badré, who is leaving to take a position as managing director for finance at the World Bank. The bank also said Jacques Ripoll, the bank’s asset management chief, “has decided to pursue his career outside the group.”

The restructuring measures announced on Wednesday aim to focus the bank on three core businesses: French retail banking; international retail banking and financial services; and corporate and investment banking and private banking.

The Société Générale group employs about 160,000 employees around the world, and it was not immediately clear if the announcement of a new organization meant the bank would follow the lead of other large global institutions with a round of layoffs.

“There will be review processes to define the target organizations for each entity in the weeks to come,” the bank said. “The organization proposals will be addressed in the framework of an enhanced employee dialogue in keeping with agreements with trade unions and the procedures for consulting with worker councils.”

Mr. Oudéa said in a statement that the purpose of the changes was “to make our organization more efficient and flexible.”

Société Générale said its Tier 1 capital ratio, a measure of the bank’s ability to withstand financial shocks, stood at 10.7 percent at the end of December, up 1.65 percentage points from a year earlier. The French firm said it expected to attain a Core Tier 1 capital target under the accounting rules known as the Basel III regime of 9 percent to 9.5 percent by the end of 2013.

The French bank published its latest results a little more than five years after Jérôme Kerviel, a trader in the bank’s equity derivatives business, built unauthorized positions that led to a 4.9 billion euro loss for Société Générale.

Mr. Kerviel’s conviction on charges of breach of trust and forgery was upheld in October by the Paris Court of Appeals. He also was ordered to serve a three-year prison term, pending appeal, and to repay the bank for the full amount of the 4.9 billion euro loss.

On Tuesday, Mr. Kerviel told the French radio station RTL that he was challenging the repayment order in a labor court, saying he had been ordered to pay without a third-party expert being allowed to study the damages. He added that he was suing Société Générale for an amount equivalent to the 4.9 billion euro trading loss.

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DealBook: Nexen Secures U.S. Approval of Its Sale to Cnooc

Nexen said on Tuesday that it had received the last regulatory approval needed for its $15 billion sale to a major Chinese oil company, after the Obama administration declared the deal free from national security concerns.

With all necessary regulatory approvals in place, Nexen is set to become the latest acquisition by the Chinese oil industry, as the country seeks more and more sources of oil and natural gas to fuel its economy.

The deal is expected to close around Feb. 25.

The buyer in this transaction, the China National Offshore Oil Corporation, or Cnooc, has been among the most acquisitive. It has announced six deals in the last two years, according to Standard & Poor’s Capital IQ. Nexen, based in Calgary, is the biggest proposed deal by Cnooc since its failed attempt to buy Unocal for $18.5 billion in 2005.

Though most of its holdings are abroad, Nexen has major operations in the Gulf of Mexico, which fall under the jurisdiction of the Committee on Foreign Investment in the United States, or Cfius.

The approval by the Obama administration comes two months after the Canadian government approved the deal. That was regarded as perhaps the biggest hurdle, given spurts of nationalistic concern over foreign buyers claiming big tracts of natural resources in Canada.

A review by Cfius (pronounced SIF-ee-us) is still regarded as potentially tough, however. The organization, which is chaired by the Treasury secretary, makes its decisions behind closed doors, and buyers are not always told why a deal is rejected.

But Cfius has approved several potentially sensitive deals recently, including the sale of the bankrupt car battery maker A123 Systems to the Wanxiang Group.

Lawyers at Cleary Gottlieb Steen & Hamilton wrote in a note to clients on Monday that the A123 approval “is evidence that even when politics, protectionism and xenophobia all appear to be significant obstacles, Cfius will not raise objections if it believes no security issues exist.”

“With proper planning and transparency,” Cleary Gottlieb added, “even politically controversial transactions can successfully negotiate the Cfius process.”

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Advertising: Self Magazine Widens Its Focus for a Younger Audience





WHAT’S the point of having Michelle Obama’s triceps if you can’t show them off in a smart sleeveless sheath?




That seems to be the thinking behind a remake of Self magazine, the Condé Nast publication best known for teaching women how to crunch their abs, tone their thighs and eat the right foods.


Self is broadening its tight focus on exercise and wellness to become a more general lifestyle magazine infused with more beauty and fashion, an effort that will include editorial changes, a new look for the cover and logo and licensing agreements.


“We think there’s a shift in how women think of their bodies and beauty,” said Laura McEwen, the vice president and publisher of Self. “Being fit and fashionable are really one.”


According to Ms. McEwen, the magazine’s typical reader is in her mid-30s with a median household income of $75,000 a year; the rebranded magazine is meant to appeal to the generation of women 18 to 30 who are obsessed with social media. “The magazine is being edited for the women who think in 140 characters,” she said, referring to the character limit of a Twitter post.


That editorial shift can be most felt in the chatty headlines created for subsections in the magazine and its bolder, fashion-focused images. One section, “It’s a Thing,” highlights new trends (in March, the color will be lemon yellow). Others include “You Look Awesome in That,” featuring fashion coverage, and “Just Shoot Me Now,” which doles out advice to readers in embarrassing situations.


Self finds itself between two of its biggest competitors in women’s fitness magazines.


The magazine, which has a total print circulation of 1.5 million readers, had a slight increase in advertising dollars, but not ad pages, last year. Advertisers spent $163.2 million on ads in the magazine in 2012, a 1.8 percent increase from 2011, when they spent $160.2 million.


Total ad pages declined 2.3 percent to 905.4 in 2012 from 926 in 2011, according to data from the Publishers Information Bureau. Online, the magazine has 6.9 million unique visitors a month, executives said, with a fifth of that traffic coming from the social media content sharing site Pinterest.


Shape magazine, which is owned by American Media, claims a similarly strong print circulation of 1.63 million readers, but has had a tough time sustaining advertising dollars. The fitness and lifestyle magazine suffered an 18.4 percent decrease in advertising revenue from 2011, when advertisers spent $206.8 million, to 2012, when they spent $168.8 million on the magazine. The total number of ad pages in the magazine decreased 22.7 percent from 2011 to 2012.


Women’s Health, which is owned by Rodale, showed a 12.3 percent increase in paid advertising from 2011 to 2012, and a 6.8 percent increase in ad pages for the same period. In 2011 the magazine reported a circulation of 1.6 million.


Self magazine, its Web site and its mobile site will be divided into three main sections that focus on body, looks and lifestyle. The new look, which will make its debut this week, includes a larger font for the title and a clean white background. The changes will be consistent across all platforms.


Readers will also be able to download a new mobile application, called Self Plus. When users hover their phones over pages tagged with icons promoting the app, they can watch videos and skim through photo galleries and other content.


Millennial women, said Lucy Schulte Danziger, the editor in chief of Self, have “this sense that you want to be really healthy, but you also want to go drink martinis with your friends.” (To that end, the March issue will include a calorie-counting game on matching cocktails with bar food without blowing your diet.) “It’s trying to have fun. It should be fun; this is not rocket science,” she said.


Self’s last makeover was in 2010, when it overhauled its design, updated its logo and tweaked section headlines.


Beyond the latest editorial changes is a range of marketing efforts to get the word out. Print and digital ads will run in Condé Nast magazines like Allure, Glamour and Lucky and on taxi tops in New York City. Digital ads will also run on DailyCandy.com and Refinery29.com.


The March issue of Self, featuring the dancer Julianne Hough on the cover, will be available in print on Feb 19. Ms. Hough is the lead actress in the new film “Safe Haven.” Self will also be the co-host at a premiere party for the film on Monday in New York City.


The brand has also licensed its name to a new line of fitness gear including yoga mats and kettlebells and is considering extending that to healthy food products. Self is also capitalizing on its annual event, “Self Workout in the Park,” by announcing a college-themed contest, “Self Workout on the Quad,” where college students who participate most heavily with the Facebook “Workout in the Park” social game can win an event at their school.


Sponsors for the event include Garnier, Reebok, Calvin Klein, LaRoche-Posay, LeSportsac, Luna Bar and Club Med. Ads promoting the contest will be shown on HerCampus.com.


“This is clearly a strategy not only to reach young women readers where they’re at right now, but also to be more attractive to advertisers,” said Laura Portwood-Stacer, a visiting assistant professor of media, culture and communication at the Steinhardt School of Culture, Education and Human Development at New York University. “It seems to tap into this trend of fitness lifestyle consumption that you see a lot now.”


One new advertiser is LeSportsac, which in addition to sponsoring the workout events, will advertise in the April issue of Self.


“Seeing where the consumer is going today is very much lifestyle,” said Paula Spadaccini, the marketing director for LeSportsac. “They don’t just aspire to wear Christian Louboutin and be very fashionable. They also aspire to be fit and cook healthy recipes.”


Walter Coyle, the president of Pedone, an independent advertising agency, said that some of his clients like Burt’s Bees, the beauty product line, and Essie, the nail polish brand, will continue to advertise in Self, and that other clients including Clarins and Lacoste were considering it. “Whenever a formidable magazine like Self reimagines its position in the marketplace, it’s something everyone is going to look at,” he said.


This article has been revised to reflect the following correction:

Correction: February 11, 2013

An earlier version of this column misidentified the owner of the magazine Women’s Health. It is owned by Rodale, not Meredith.



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American and US Airways Are Expected to Announce Merger This Week





After months of negotiations, American Airlines and US Airways are expected this week to announce a merger, which would create the nation’s biggest airline and concentrate even further a once-fragmented industry.




A merger would expand American’s domestic network, particularly in the Northeast and the Southwest, and create a more formidable competitor internationally. The combined airline would jump ahead of United Airlines and Delta Air Lines, both of which have grown through mergers of their own in recent years.


The combination would probably bring to an end the wave of consolidation that has swept the industry. Since 2001 there have been five large mergers, reducing the number of airlines to three main carriers, along with a handful of low-cost carriers like Southwest Airlines and JetBlue, and regional carriers.


These mergers have led to cuts in service to many smaller cities around the country. But they have also created healthier and more profitable airlines that are able to invest in new planes and products. Faced with rising fuel costs, and losing tens of billions of dollars in the last decade, airline executives argued that the only way to survive was to consolidate capacity.


American, which has been in bankruptcy protection since November 2011, is currently the nation’s third-largest airline with domestic and international flights; US Airways is the fourth.


The boards of both carriers are expected to meet on Monday to approve the combination, which then needs to be approved by a bankruptcy judge in New York. A tie-up also requires the approval of federal regulators and antitrust authorities. But analysts expect regulators to approve the deal since there is little overlap between the two networks and no hubs in the same cities.


Even if the deal clears all these hurdles, the merged airline still faces a range of challenges. Airline mergers are often rocky — involving complex technological systems, big reservation networks as well as large labor groups with different corporate cultures that all need to be combined seamlessly. United angered passengers last year after a series of merger-related computer and reservation mistakes, and late and delayed flights.


A deal would be a major victory for Doug Parker, the chairman of US Airways, who began pursuing a merger with the bigger carrier soon after American filed for bankruptcy. His argument — that American could succeed against bigger airlines only if it combined networks with US Airways — swayed American’s creditors who have a critical say in the company’s future.


The carriers have been discussing a deal for months. In recent days, both sides have moved much closer but were still trying to figure out how much the merged carrier would be worth and how management positions would be split.


Tom Horton, American’s chairman, who was opposed to a merger for much of the last year, was offered a position as nonexecutive chairman, said a person familiar with the matter but who asked not to be identified because the talks were still under way. US Airways shareholders could end up with about 28 percent of the new airline, and American’s creditors would have 72, this person said.


A merger could be structured to take effect as American exits bankruptcy. The airlines are pushing for a deal before Feb. 15, when some nondisclosure agreements with American bondholders are set to expire.


The new airline will be called American Airlines and based in Dallas. It will have a combined 94,000 employees, 950 planes, 6,500 daily flights, nine major hubs, and total sales of nearly $39 billion. It would be the market leader on the East Coast, the Southwest and South America. But it would remain a smaller player in the Pacific and Europe, where United and Delta are stronger.


Mr. Parker deftly outmaneuvered Mr. Horton by lobbying American’s employees. He gained an important edge last April when he won the public support of American’s three main labor groups. More recently, pilots from both airlines agreed on how they would work together if the merger succeeded.


The success of these labor discussions, even before the merger was formally discussed, helped persuade American’s creditors to follow Mr. Parker’s strategy.


Mr. Horton, and American’s management team, had argued that they should complete the carrier’s reorganization and emerge from bankruptcy as an independent airline before considering any mergers.


But under pressure from Mr. Parker, the management of American Airlines was eventually forced by its creditors to talk to Mr. Parker about a merger. All that was left then was to figure out who was going to lead the merged airline and how much it would be worth.


Mr. Parker, more than anyone in the business, knows the difficulty of integrating two airlines. In 2005, he orchestrated the merger of the airline he was then running, America West, with a larger carrier, US Airways. But pilots from each of these two original airline have yet to agree to a common contract and seniority rules, and, to this day, cannot fly together.


The difficulty is likely to be compounded at American. In bankruptcy, American cut thousands of jobs, reduced benefits, froze pensions, and sought higher productivity rules from its employees.


Before the US Airways-American deal, the last major combination was the acquisition of AirTran by Southwest, completed in 2011. That followed the merger of United and Continental Airlines in 2010, which created the current leader, and before that Delta with Northwest.


American has major hubs in Dallas, Miami, Chicago, Los Angeles and New York. But it has been steadily losing ground to its rivals over the last decade while racking up losses that have totaled more than $12 billion in over 10 years.


US Airways has hubs in Phoenix, Philadelphia and Charlotte, and has a big presence at Washington’s National Airport.


Its shareholders will have to vote on the proposed merger.


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