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ABI to Present Webinar on Ukraine Conflict's Impact on Capital, Markets and Boardrooms

Submitted by ckanon@abi.org on

March 15, 2022, Alexandria, Va. — The American Bankruptcy Institute (ABI) and professionals from law firm Squire Patton Boggs and the Arab Gulf States Institute will be presenting a webinar on Tuesday, March 22, 2022, at 12:00 noon EDT to discuss the financial repercussions of Europe’s largest military conflict since World War II.

The conflict in Europe has generated a maze of rapid legal, political and economic responses from authorities around the globe. Those actions are rippling through capital, markets and boardrooms as businesses grapple with how to respond. The panelists, listed below, will discuss where we are headed and what businesses should consider:

  • Stephen Lerner, Moderator
    Squire Patton Boggs; Cincinnati
  • Speaker John Boehner
    Squire Patton Boggs; Washington, D.C.
  • Patrick J. Brooks
    Squire Patton Boggs; Moscow and Washington, D.C.
  • Kate Dourian
    Arab Gulf States Institute; Washington, D.C.
  • Ludmilla L. Kasulke
    Squire Patton Boggs; Washington, D.C.
  • Ambassador Matthew Kirk
    Squire Patton Boggs; London
  • José María Viñals
    Squire Patton Boggs; Brussels, Belgium
  • Career Ambassador Frank G. Wisner
    Squire Patton Boggs; New York

For more information about the webinar or to register to attend, please visit https://www.abi.org/calendar-of-events.

About ABI

The American Bankruptcy Institute (ABI) is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 10,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org.

U.S. Justice Antitrust Chief Says He'll Seek to Stop Deals Not Settle

Submitted by jhartgen@abi.org on

The new head of the Justice Department Antitrust Division, Jonathan Kanter, said on Monday the government should seek to stop proposed mergers which pose anticompetitive concerns rather than striking deals for asset sales or other concessions that would allow the transaction to close, Reuters reported. "In my view, when the division concludes that a merger is likely to lessen competition or tend to create a monopoly, in most situations, we should seek a simple injunction to block the transaction," said Kanter, who was confirmed in November and is one of three progressives named to top U.S. antitrust posts. Kanter took the reins of the division at a time of rising inflation, including in key industries like meat production, and growing concern that there are a range of sectors of the economy where a handful of companies have become too powerful. Kanter argued that asset sales, or divestitures, can fail because the company that buys the assets fails to make full use of them. He also noted that it was often difficult to craft behavioral remedies, for example creating a firewall separating two sectors of a company. "None of this is to say that divestitures should never be an option. Sometimes business units are sufficiently discrete and complete that disentangling them from a parent company in a non-dynamic market is a straightforward exercise where divestiture might have a high degree of certainty of success," said Kanter. "But in my view, those circumstances are the exception not the rule."

Analysis: The SPAC Ship is Sinking and Investors Want Their Money Back

Submitted by jhartgen@abi.org on

SPACs, or special-purpose acquisition companies, burst onto the scene in 2020 as the hip way to take Silicon Valley’s hottest startups public, the Wall Street Journal reported. Unlike traditional initial public offerings, SPACs were seen as modern and accessible, allowing any investor to put money into the companies of the future at the same time as professional money managers. SPACs — sometimes called blank-check firms — begin as shell companies. They raise money from investors, then list on a stock exchange. Their sole purpose is to hunt for a private company to merge with and take public. Because the company going public is merging with an existing publicly traded entity, it can make business projections and skirt some of the other regulations associated with IPOs. After regulators approve the deal, the company going public replaces the SPAC in the stock market. Upstart companies of all stripes clamored to participate, enamored with the pool of eager investors who were ready to back them, and enticed by celebrity SPAC creators and bankers who mint money when they complete deals. The company behind dog-toy subscription service BarkBox did a SPAC merger. So did the personal-finance app SoFi Technologies Inc. Office-sharing company WeWork Inc. found a SPAC after its planned IPO infamously blew up. Electric-vehicle battery makers, flying-taxi startups, self-driving car companies and a seemingly never-ending parade of biotech names all jumped into the fray. Now, the hype is giving way to reality. Like so many investment fads, what at first seemed like a way to earn easy money has revealed itself to be full of potential perils. The threat of tighter regulation is looming, and high-profile stumbles by some companies that went public via SPACs have taught investors some harsh lessons. It turns out investing in unproven upstarts isn’t for everyone, and with interest rates looking likely to rise in coming months, all sorts of speculative investments from technology stocks to bitcoin are getting hit. Shares of half of the companies that finished SPAC deals in the last two years are down 40% or more from the $10 price where SPACs typically begin trading, erasing tens of billions of dollars in startup market value. Losses top 60% from the peak about a year ago for many once-hot names like the sports-betting company DraftKings Inc. and space-tourism firm Virgin Galactic Holdings Inc., founded by British billionaire Richard Branson.

Hawkish Central Banks Send Leveraged Loans to Highest Since 2007

Submitted by jhartgen@abi.org on

U.S. leveraged loan prices have surged to their highest levels since 2007 as investors snap up assets that will offer compensation while central banks start hiking interest rates, Reuters reported. The U.S. Federal Reserve is expected to deliver a rate hike as soon as March to combat inflation at a 40-year high and markets are pricing in another three hikes by the end of the year. That has heightened demand for assets that pay out as rates rise, sending the price of the S&P/LSTA Leveraged Loan Index to its highest levels since July 2007 at 99.066 at Wednesday's close, according to data from Refinitiv and S&P Global's Leveraged Commentary and Data. Loan funds saw the highest inflows since 2013 at $1.84 billion for the week ending on January 12, according to Refinitiv Lipper data. Government bond prices have tumbled and yields have surged over the last month as markets have ramped up rate hike bets. Analysts also expect new leveraged loan issuance to slow slightly this year after a record year in 2021, a factor also expected to provide technical support to prices.

Wealthy Investors Want to Own a Little Less of the Everything Bubble in 2022

Submitted by ckanon@abi.org on
If the market is in an everything bubble, wealthy Americans are headed into 2022 saying they don’t really want much more — of anything, according to the recent CNBC Millionaire Survey. Wealthy investor sentiment is still tilted toward the bullish, if moderating, with millionaires anticipating higher interest rates and tax rates in 2022. Forty-one percent of millionaires say that the economy will get stronger next year, versus 35% who say it will weaken, according to the recent survey. Just over half, or 52%, of millionaires expect the S&P 500 to finish 2022 with a gain of 5% or more. But another finding from the survey is the most telling. It signals a downshift in enthusiasm and a weakening overall risk appetite even as the market survived recent COVID omicron and Fed fears to see the S&P 500 set a new record and the Dow Jones Industrial Average remain near its highest-ever level. Twice a year the CNBC Millionaire Survey asks investors which major asset classes they plan to increase exposure to over the next year. Investor appetite for every investment type is now lower than it was in the spring 2021 survey. The percentage of millionaires who say they will be increasing investment declined across every single asset class, including equities, investment real estate, alternative investments, international investments and precious metals. For the survey, Spectrem Group surveyed 750 Americans with investable assets of $1 million in October and November.
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