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As Coal’s Future Grows Murkier, Banks Pull Financing

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America’s coal industry is now facing another dark hour, but this time there are few financiers willing to save it, The New York Times reported yesterday. JPMorgan Chase announced two weeks ago that it would no longer finance new coal-fired power plants in the U.S. or other wealthy nations. The retreat follows similar announcements by Bank of America, Citigroup and Morgan Stanley that they are, in one way or another, backing away from coal. While coal has been declining over the last several years, Wall Street’s broad retreat is an ominous sign for the industry. Coal, like railroads, steel and other engines of the nation’s industrial expansion in the 19th and early 20th centuries, helped drive Wall Street’s profits for generations. More than a century later, the coal industry is in a free fall and the banks are pulling away. Some banks say they are trying to do their part to curtail climate change by moving away from coal projects and financing ventures that produce less carbon. But bankers also say there is a more basic reason for the shift: Lending to coal companies is too risky and could ultimately prove unprofitable. Coal companies are being squeezed by competition from less expensive energy sources like natural gas and by stiffer regulations — pressures that show no signs of letting up.

Lehman Employees Lose Appeal over Stock Losses from Bankruptcy

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A federal appeals court ruled that Richard Fuld, the former chief executive officer of Lehman Brothers Holdings Inc., is not liable to onetime employees who suffered millions of dollars in losses in company stock as the bank descended into bankruptcy, Reuters reported on Friday. The Second U.S. Circuit Court of Appeals in Manhattan said that Fuld and a Lehman benefit committee were not legally at fault for letting employees participate in an employee stock ownership plan that invested in company stock. Friday's decision upheld a July 2015 ruling by a U.S. district judge and could end one of the last lawsuits stemming from Lehman's September 2008 collapse. The Lehman plaintiffs lost despite a 2014 U.S. Supreme Court decision involving Fifth Third Bancorp that lessened the defenses available to banks in similar cases. A lawyer representing benefit committee members said that the ruling "confirms that fiduciaries are not responsible for market and other forces beyond their control." The case is In re Lehman ERISA Litigation, 2d U.S. Circuit Court of Appeals, No. 15-2229.

Cliffs Natural Investors Sue for Being Shut Out of Debt Swap

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Cliffs Natural Resources Inc. was sued by investors claiming to have suffered losses because they were shut out of a private debt swap that was reserved for institutional buyers, Bloomberg reported on Tuesday. Two investors said in a proposed class-action or group suit that the company violated federal securities law when it executed the private debt exchange that only allowed a select group of institutional bondholders to exchange their unsecured corporate bonds for secured bonds, wrongfully denying retail bondholders an opportunity to participate. Cliffs Natural, the biggest U.S. iron-ore producer, on Jan. 27 reported a smaller-than-estimated quarterly loss after lower costs stemmed the effects of slumping sales. That day, Cliffs Natural offered certain bond investors the ability to swap six types of unsecured notes they held for as much as $710 million of better-ranked, so-called 1.5-lien notes that paid 8 percent and matured in 2020, the company said in a Jan. 27 statement. Only qualified institutional buyers could participate in the exchange. The company issued $218.5 million of the new 1.5-lien notes in February. The suit is Waxman v. Cliffs Natural Resources Inc., 16-cv-01899, U.S. District Court, Southern District of New York (Manhattan).

MF Global Bondholders Reach $29.8 Million Settlement with Banks

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Investors who lost money when Jon Corzine's MF Global Holdings Ltd. collapsed reached a $29.83 million settlement with five underwriters that helped the futures brokerage sell bonds in the summer of 2011, less than three months before it went bankrupt, Reuters reported today. The preliminary accord resolves class action claims against Leucadia National Corp's Jefferies LLC unit, units of Bank of Montreal, Natixis SA and US Bancorp and Lebenthal & Co., according to papers filed on Friday. All denied wrongdoing. Investors led by the Virginia Retirement System and the Canadian province of Alberta accused the defendants of making false and misleading statements when they helped MF Global sell $325 million of 6.25 percent senior notes in August 2011, or were liable for misstatements in the bonds' offering materials.

Judge Allows Lawsuit Over Hedge-Fund Raid to Proceed

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A federal judge dealt a blow to Manhattan U.S. Attorney Preet Bharara, saying that he found it plausible that prosecutors and FBI agents violated the constitutional rights of hedge-fund founder David Ganek when they raided his offices in 2010, the Wall Street Journal reported today. The ruling yesterday advances a lawsuit brought by Ganek against Bharara and current and former prosecutors and Federal Bureau of Investigation agents involved in an insider-trading investigation of the hedge fund, Level Global Investors. It also means the defendants in the suit, Bharara and the prosecutors and agents, will have to turn over documents related to obtaining a search warrant of Level Global’s offices. In his suit, Ganek asserts that evidence was fabricated to obtain the warrant. Ganek sued in February alleging the government obtained a search warrant based on misrepresentations that implicated him in an insider-trading scheme. FBI agents raided Level Global’s offices a day after obtaining the warrant. Within months, the fund was closed.

Visium Being Investigated by Justice Dept. and SEC

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The hedge fund Visium Asset Management is being investigated by the Justice Department and the Securities and Exchange Commission, the New York Times DealBook Blog reported yesterday. The agencies have requested information from several years ago relating to Visium’s valuation of certain securities in a credit fund it shut down in 2013. The authorities are also looking at Visium’s trading of certain securities and the firm’s use of a consultant more than five years ago. Visium is an $8 billion, New York-based hedge fund that focuses on investments in pharmaceutical companies. It was one of more than a handful of hedge funds that were invested in Valeant last year, but it sold the last of its shares in the fourth quarter of 2015, according to regulatory filings.

Wall Street Bonuses Fell in 2015

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Wall Street bonuses are down for the second straight year, and recent market volatility and cutbacks suggest that 2016 is shaping up to be a difficult year, according to the New York State comptroller, the New York Times reported today. The average bonus paid in the securities industry fell 9 percent, to $146,200, last year, while the bonus pool for employees who work in New York City shrank 6 percent, to $25 billion. The finance industry is a crucial component of the state’s annual tax revenue, contributing about 17.5 percent of the total last year.

Analysis: After 15 Years, a Bond Trade Now Pays Off

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Paul Singer’s nearly 15-year-old wager on Argentinian government bonds has yielded $2.4 billion, including over $100 million for lawyer fees and other considerations, a gain of roughly 10 to 15 times its original investment, the Wall Street Journal reported today. Singer’s Elliott Management Corp., a New York hedge fund that manages $26 billion, began the investment in the early days of George W. Bush’s first term. At the time, an Elliott portfolio manager named Jay Newman was looking for an angle on Argentinian debt, then trading at about 20 cents on the dollar. Elliott reckoned it might take a few years for the investment to pan out. The country agreed in principle to pay $4.65 billion to Elliott and three other hedge funds to settle their claims on the country’s defaulted debt, according to Daniel Pollack, a mediator charged by a U.S. judge with overseeing settlement of the dispute.

Argentina’s Hedge Fund Deal Frustrates Small Bondholders

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Argentina’s offer to pay billions to settle a dispute with a group of hedge fund investors led by the billionaire Paul E. Singer may have been a victory for both the South American nation and the hedge funds, but it has left many small bondholders out in the cold, the New York Times DealBook blog reported yesterday. Lawyers for bondholders that were not included in the $4.65 billion deal Argentina made with the holdout hedge funds have argued that they will get far worse terms if they agree to a separate $6.5 billion proposal that Argentina made on Feb. 5. Singer’s NML Capital will have made about 369 percent, or $2.4 billion, on defaulted bonds whose principal value was $617 million, according to data from the finance ministry of Argentina that was filed to the court on Monday. Bracebridge Capital, another holdout hedge fund, will be paid $1.15 billion, representing a 952 percent return on bonds with principal worth $120 million, according to the data.