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Some Avaya Pensioners Rethink Retirement Plans After Bankruptcy Deal

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Avaya Inc.’s recent deal to exit bankruptcy has put some of the telecom company’s pensioners at ease, but a small group stands to lose a significant portion of their retirement income, the Wall Street Journal reported today. Under a deal announced on Monday to bring Avaya out of chapter 11, benefit payments to nearly 8,000 participants in a legacy pension plan for salaried workers will be taken over by the Pension Benefit Guarantee Corp., the federal government’s retirement guarantor. For those retirees, not much would change if the deal wins court approval — they would begin receiving their monthly checks from the PBGC, the largest single creditor in Avaya’s bankruptcy, instead of the company itself. The PBGC guarantees pensions up to a certain amount depending on age; for a 65-year-old pensioner, that cap is $64,432 a year. Early analysis by the PBGC shows that 100 percent of those 8,000 retirees’ benefits are guaranteed by the agency. And payments to another 6,900 people in a separate plan covering hourly employees will remain the company’s responsibility after it surfaces from bankruptcy.

Google Quietly Buying Properties Worth $820 Million in Silicon Valley As It Looks to Keep Expanding

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As rival tech giant Apple readies its huge new headquarters in Silicon Valley, Alphabet's Google is buying up real estate parcels like a land speculator, CNBC reported yesterday. Google, based in Mountain View, Calif., has purchased 52 properties in Sunnyvale, Calif., for $820 million from a real estate development partner, CBRE. A real estate brokerage has been quietly assembling the properties on behalf of the search giant. The purchases fill in gaps between multiple smaller campuses in Sunnyvale — the long-time home of Yahoo — that Google has purchased or leased in recent years. The move comes one month after the company won exclusive rights to negotiate with the city of San Jose for the purchase of 16 tracts of land near that city's convention center and pro hockey arena. Google, which reported on Monday that it now has more than 72,000 employees, needs room to expand as it looks to hire even more workers to sustain its growth. Google did not immediately respond to a request for comment.

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Commentary: SoundCloud Faces Tough Decisions Amid Layoffs, Financial Distress

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A tense scene unfolded yesterday as user-generated, music-streaming service SoundCloud held an all-hands meeting to explain to employees why it suddenly had to lay off 40 percent of its staff last week, Tech Crunch reported. Exiting team members wanted to know why they weren’t warned, while those who survived the cuts wanted assurance that the cost reductions would keep the company afloat for the long-run. But as security ominously filed into SoundCloud’s meeting rooms at its offices around the world during the all-hands video conference broadcast from its Berlin headquarters, the startup’s staff discovered they wouldn’t be getting the answers they wanted. Instead, sources at SoundCloud tell TechCrunch that founders Alex Ljung and Eric Wahlforss confessed the layoffs only saved the company enough money to have runway “until Q4” — which begins in just 80 days. That seems to conflict with the statement Ljung released alongside the layoffs, which noted that, “With more focus and a need to think about the long term, comes tough decisions.”

Brazil's Oi Unveils Plan to Repay Small Creditors

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Oi SA has unveiled a plan that facilitates the early repayment of small debts to suppliers and contractors, as Brazil's No. 4 wireless carrier seeks to emerge faster from creditor protection, Reuters reported yesterday. The plan was made public in newspaper ads on Friday. Under its terms, all creditors will be eligible for an early repayment of their debts to a maximum limit of 50,000 reais ($15,000) each. According to Chief Executive Officer Marco Schroeder, the plan seeks Oi's so-called Classes 1, 3 and 4 of creditors to negotiate ahead of a vote on the carrier's bankruptcy plan. About 53,000 out of Oi's 55,000 creditors can be considered as small creditors, he said.

Toshiba Unaware Its Nuclear Unit Was Preparing for Bankruptcy, Timeline Shows

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Toshiba Corp. didn’t know its U.S. nuclear subsidiary was preparing for a bankruptcy filing even after the unit had hired lawyers for the task, according to court records and Toshiba’s official timeline, the Wall Street Journal reported today. In a Nov. 30, 2016, letter, a lawyer at New York firm Weil, Gotshal & Manges LLP wrote that Toshiba unit Westinghouse Electric Co. had engaged the firm to work on “the potential filing and administration of a chapter 11 proceeding under the U.S. Bankruptcy Code.” A Toshiba spokesman, reiterating earlier statements by company executives, said this week that no one at Tokyo headquarters was aware of the potential for major losses or bankruptcy at Westinghouse until early December 2016. Toshiba Chief Executive Satoshi Tsunakawa learned of the problem in mid-December, the spokesman said. At a news conference on Dec. 27, Tsunakawa said Toshiba was facing a multibillion-dollar loss in connection with cost overruns at Westinghouse nuclear projects in the U.S. but didn’t discuss a possible bankruptcy.

Brazil Oi Creditors File U.S. Motion as Bankruptcy Negotiations Continue

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Creditors of Brazil's Oi SA filed a motion this week in U.S. bankruptcy court to pressure the telephone operator to consider a proposal which could give lenders control of the restructured company, Reuters reported yesterday. The creditors believe that a U.S. filing made on Monday in the Southern District of New York will allow them the right to reject the company's reorganization plan in the United States if it is confirmed in Brazil without their input, the source said. Oi said it has no knowledge of the creditors' motion. Although Oi has no sizeable assets in the U.S., it has strategic commercial agreements with large U.S. telecom carriers related to interconnection fees.

Cisco Systems Announces 1,100 More Layoffs

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Cisco Systems Inc. said that it is laying off 1,100 more workers, deepening job losses at the internet gear maker battling declining revenue, the Associated Press reported yesterday. The new round of layoffs comes on top of the 5,500 jobs Cisco announced it was cutting in August. That amounted to about 7 percent of its workforce at the time. Cisco sells routers, switches, software and services business and has seen its business hurt as more of its corporate customers rely on remote data centers instead of online networks maintained on their own premises. The company based in San Jose, Calif., reported revenue of $11.94 billion for its fiscal third quarter that ended in April. That was down from $12 billion a year earlier. It said it expects its revenue to decline 4 to 6 percent in the quarter ending in July compared to the same 2016 period. Its stock was down $2.53, or 7.5 percent, to $31.29 in extended trading.

Judge Confirms Sotera Wireless Bankruptcy Plan

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A federal judge cleared California medical-device maker Sotera Wireless Inc. to leave bankruptcy with $30 million in new investments, despite a protest from a competitor, the Wall Street Journal reported yesterday. Judge Laura Taylor approved Sotera Wireless’s bankruptcy-exit plan, which calls for companies affiliated with Apple Inc. supplier Foxconn Technology Group to invest about $19.8 million by purchasing new stock in the company. The San Diego company’s operations make ViSi Mobile System surveillance monitoring devices that measure a patient’s blood pressure, heart rate and other vital signs. The plan would enable Sotera Wireless to fully repay its debts and reshuffle ownership, though the survival strategy still faces opposition from Masimo Corp., which has accused Sotera Wireless of stealing trade secrets. On Sunday, Masimo lawyers asked Judge Taylor to stop Sotera Wireless from putting its bankruptcy-exit plan into action, arguing that the plan would lead to payouts that Masimo officials said would be hard to recover if they win the legal dispute. Masimo makes a patient-worn monitor device called the Patient SafetyNet System that tracks a patient’s pulse rate and respiration. It sued Sotera Wireless in 2013, accusing it of illegally obtaining Masimo’s trade secrets through two former employees. Sotera Wireless has denied wrongdoing.

Toshiba Reports Massive Loss for Year Over Westinghouse Woes

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Toshiba, whose U.S. nuclear unit Westinghouse has filed for bankruptcy protection, is reporting a 950 billion yen ($8.4 billion) net loss for the fiscal year ended March, Bloomberg reported today. The Japanese electronics giant's results have failed to win auditors' approval from the previous quarter, after questions were raised over the acquisition of U.S. nuclear construction company CB&I Stone and Webster. Tokyo-based Toshiba Corp. called the results  projections, rather than results, since they lack the company's auditors' approval, but it was in line with what it had said recently. The loss was about double the 460 billion yen ($4.1 billion) loss racked up the previous fiscal year. Toshiba, whose products include computer chips and household appliances, acquired Westinghouse in 2006. Its president said that the strategy based on Westinghouse was a mistake, and has promised it won't take on new nuclear projects. Toshiba has been trying to sell its computer-chip business to shore up its finances, but has become embroiled in a dispute with U.S. joint venture partner Western Digital, which is demanding that Toshiba not sell it to anyone else.