May 20, 2024

Archives for February 2013

European Union Moves Toward Bonus Cap for Bankers

BRUSSELS — The European Union moved a step closer Thursday to imposing strict curbs on bankers’ bonus pay, which has been blamed by many politicians for inciting the risk-taking behavior that set off the financial crisis.

A provisional agreement struck by the European Parliament, the European Commission and national representatives could mean that the coveted bonuses many bankers receive will be capped at the level of their annual salaries, starting next year.

The proposal would allow bonuses of as much as double the salary, if a sufficient number of a bank’s shareholders approved.

The agreement, which will also apply to the European units of foreign banks, is a blow to Britain, which partly relies on generous remuneration packages to ensure that the City of London remains the biggest financial center in Europe and the overseas base for banks from around the globe.

‘’We need to make sure that regulation put in place in Brussels is flexible enough to allow those banks to continue competing and succeeding while being located in the U.K.,’’ David Cameron, the British prime minister, said during a visit to Riga, the capital of Latvia.

Mr. Cameron said Britain would ‘’look carefully’’ at the final proposal before deciding how it would address the issue with other European governments.

The bonus restrictions were part of legislation enacting the Basel III bank regulations, which were also given a provisional green light during the discussions early on Thursday. The Basel rules, approved by global central bankers and the financial authorities, were meant to ensure that lenders had the resources to weather crises.

‘’We’ve achieved the most comprehensive banking reform in the European Union,’’ said Othmar Karas, an Austrian member of the European Parliament and chief negotiator of the deal.

The parliamentary vote reflects in part the global backlash against the outsized remuneration in the financial sector that has surfaced since the financial crisis and economic dislocation that followed. Voters in Switzerland, which is not an E.U. member, will go to the polls this weekend for a referendum that will decide whether shareholders gain more control over executive compensation.

The European Parliament’s bonus rules would also apply to bankers employed by E.U. banks but working outside the bloc, in New York, for example. The E.U. authorities are drafting separate rules that could restrict remuneration at private equity firms and hedge funds.

‘’This legislation was resisted tooth and nail by the industry,’’ said Philippe Lamberts, a Belgian member of the Parliament’s Green bloc.

While the battle has often been portrayed as matching Britain against the Continent, he said, the reality has been that ‘’many in Paris, as well as Frankfurt and Berlin, were not too happy’’ about what was happening in Parliament, but were glad to let Britain take the heat for leading the opposition.

The law is intended to reduce the financial incentives that led bankers to take risky bets, like those made on subprime housing debt in the United States during the credit bubble. But some critics of the legislation have warned that institutions might defeat the intent of the rules by simply raising bankers’ base pay.

Mark Boleat, the policy chairman at the City of London Corporation, which is the voice of London’s financial center, said Thursday that ‘’removing flexibility from pay arrangements in this highly cyclical industry would seem counterintuitive, especially if it leads to higher fixed salaries.’’

Some bankers said the rule posed the question of why the bonus cap would not apply to other industries where staff stand to gain large bonuses. Stephen Hester, the chief executive of Royal Bank of Scotland, told BBC radio on Thursday morning that he did not think ‘’bankers should be treated as special creatures in any way.’’

David Jolly contributed reporting from Paris.

Article source: http://www.nytimes.com/2013/03/01/business/global/european-union-agrees-on-plan-to-cap-banker-bonuses.html?partner=rss&emc=rss

DealBook: In Europe, Risks and Opportunities

BERLIN – Is Europe a risk or an opportunity?

As its economies struggle, private equity managers offer differing views about the region.

Speaking at the SuperReturn conference in Berlin, Henry R. Kravis, co-founder of Kohlberg Kravis Roberts, said Europe was an attractive market, particularly the Continent’s southern countries, which have been hit by high unemployment and meager growth.

“I like Spain, they are doing a number of right things,” Mr. Kravis told a somewhat empty conference room early on Thursday morning after many private equity managers had attended late-night dinners the previous evening. “In Europe, there clearly are opportunities. I may be in the minority.”

Other private equity giants, including David M. Rubenstein of the Carlyle Group, are also scouting for opportunities from Italy to Ireland despite concerns that the Continent may fall back into recession.

Lionel Assant, European head of private equity at the Blackstone Group, liked Spain because of its close ties to fast-growing Latin American markets and efforts to revamp its local labor market.

Not every manager is so bullish, however.

J. Christopher Flowers, whose private equity firm bought an insurance broker from the struggling Belgian bank KBC for 240 million euros ($315 million) in 2011, said the future of the euro zone remained a major risk.

Europe’s recovery prospects were hurt again this week after Italian national elections on Monday failed to provide a definitive winner. The political impasse prompted significant losses in the Continent’s stock markets as investors fretted about the future of one of Europe’s largest economies.

For Mr. Flowers, there are still some potential investment opportunities, including the pending forced sale of bank branches in Britain from the nationalized Royal Bank of Scotland. The United States, however, still remains his preferred region in which to invest.

“If a major economy like Spain defaults, we would prefer to be in Germany,” Mr. Flowers said. “If I had to pick one region, I would pick the U.S.”


This post has been revised to reflect the following correction:

Correction: February 28, 2013

An earlier version of this article contained an incorrect conversion of 240 million euros. It is the equivalent of $315 million, not $310.

Article source: http://dealbook.nytimes.com/2013/02/28/in-europe-risks-and-opportunities/?partner=rss&emc=rss

DealBook: As Losses Mount, R.B.S. Unveils Plan to Sell Assets

A branch of the Royal Bank of Scotland in London.Facundo Arrizabalaga/European Pressphoto AgencyA branch of the Royal Bank of Scotland in London.

LONDON – The Royal Bank of Scotland, hammered by losses, announced plans on Thursday to sell assets and pare back its investment banking business, in an effort to appease regulators and its biggest shareholder, the British government.

R.B.S. said it planned to sell a stake in the Citizens Financial Group, the American lender it bought in 1988, through an initial public offering in two years. The bank will also continue to reduce its investment banking operations, with plans to cut risky assets and eliminate jobs.

The moves are designed to help bolster the bank’s capital levels and refocus its operations, part of a multiyear turnaround effort initiated by its chief executive, Stephen Hester. In the end, R.B.S. will emerge a much smaller bank, largely focused on Britain.

“R.B.S. is four years into its recovery plan,” Mr. Hester said in a statement, “and good progress has been made. We are a much smaller, more focused and stronger bank. Our target is for 2013 to be the last big year of restructuring.”

Like many rivals, R.B.S. is struggling with the legacy of the financial crisis and a spate of legal issues. On Thursday, it reported a bigger-than-expected loss, in part tied to its legal troubles.

The bank, in which the British government holds an 82 percent stake after a bailout in 2008, posted a net loss of £5.97 billion ($9 billion) in 2012, much larger than the £2 billion loss recorded in 2011. Analysts had been expecting a loss of £5.1 billion. For the last quarter of 2012, R.B.S. reported a £2.6 billion loss, up from a £1.8 billion loss in the period a year earlier.

The rising losses reflect the bank’s regulatory and legal problems.

R.B.S. said on Thursday that it had set aside an additional £1.1 billion to compensate clients to which it improperly sold insurance products, bringing the total provision to £2.2 billion. It also estimated it would have to pay £700 million to compensate small businesses to which it improperly sold some interest-rate hedging products.

The bank agreed this year to pay $612 million to British and American authorities to settle accusations of rate-rigging. Since then, Mr. Hester has promised to tighten controls at the bank to limit the risk of future rate manipulation.

The head of R.B.S.’s investment banking division, John Hourican, resigned at the beginning of February as a result of the scandal related to manipulating the London interbank offered rate, or Libor. The bank plans to pay its fine with money clawed back from bonuses.

‘‘Along with the rest of the banking industry we faced significant reputational challenges,’’ Mr. Hester said in the statement. ‘‘We are determined to overcome the cultural and reputational baggage of precrisis times with the same focus we have applied to the financial cleanup from that era.’’

Eager to get back some of the £45.5 billion it invested in R.B.S., the British government recently increased pressure on the bank’s management to speed up the reorganization.

Some analysts said the government could start selling parts of its investment in the bank, even at a loss, before the next general election, which is set for 2015. R.B.S.’s shares are still trading at about half what the government paid for them in 2008. Some lawmakers said they would favor handing out shares to the public instead of a possible sale of the stake on the open market.

Richard Hunter, head of equities at Hargreaves Lansdown Stockbrokers, said there were signs that Mr. Hester’s efforts to turn around the bank had started to pay off, but that “the ongoing absence of a dividend and overhang of the government stake are negatives which need to be resolved.”

Article source: http://dealbook.nytimes.com/2013/02/28/as-losses-mount-r-b-s-unveils-plan-to-sell-assets/?partner=rss&emc=rss

Senate, in a More Affable Mode, Backs Treasury Nominee

Little of the acrimony that held up the nomination of Chuck Hagel, the former Nebraska senator who began his first day as defense secretary on Wednesday, was present in the debate over Mr. Lew.

The final vote was 71 to 26, with 20 Republicans joining the Democratic majority in support of the nomination.

Mr. Obama expressed gratitude for the decision to confirm his former chief of staff and top budget adviser.

“Jack was by my side as we confronted our nation’s toughest challenges,” the president said in a statement. “His reputation as a master of fiscal issues who can work with leaders on both sides of the aisle has already helped him succeed in some of the toughest jobs in Washington.”

The vote meant that for the moment at least, the Senate returned to its traditional role of affording the president deference in selecting his cabinet. Historically, the Treasury secretary position has been an easy one for presidents to fill, with nominees typically receiving unanimous support from the Senate.

Mr. Obama’s previous Treasury secretary, Timothy F. Geithner, was a notable exception. After disclosures that Mr. Geithner was delinquent in paying some taxes, many Republicans objected. He was confirmed by a 60-to-34 vote.

Some Republicans who voted for Mr. Lew spoke of the need to give the president flexibility to name his own cabinet even if they ultimately disagreed with a nominee’s politics.

“My vote in favor of Mr. Lew comes with no small amount of reservation, and I don’t fault any of my colleagues for choosing to vote against him,” said Senator Orrin G. Hatch of Utah, the senior Republican on the Finance Committee. “I hope he and the president take note that I am bending over backwards to display deference.”

Though Mr. Hagel’s nomination was stymied as he faced criticism over past statements on Israel and Iran and stumbled over questions in his confirmation hearing, Mr. Lew faced few objections. Other than questions that arose from an unusual $685,000 severance payment he received after he left New York University for a job at Citigroup, the confirmation process was relatively smooth.

One particularly vocal objection on Wednesday came from one of the Senate’s most liberal members, Bernie Sanders, an independent from Vermont.

“We need a secretary of the Treasury who does not come from Wall Street but is prepared to stand up to the enormous power of Wall Street,” Mr. Sanders said from the Senate floor. “Do I believe that Jack Lew is that person? No, I do not.”

Still, even though the Senate approved Mr. Lew, he received far fewer votes than other Treasury secretary nominees. With the exception of Mr. Geithner, Senate records show that the last nominee to receive fewer than 92 “yes” votes was George P. Shultz, Richard Nixon’s pick in 1972.

Mr. Obama faces another possible battle over a high-level nominee in the coming days as the Senate is set to start considering John Brennan, the White House’s choice as director of central intelligence.

This article has been revised to reflect the following correction:

Correction: February 28, 2013

An earlier version of this article misspelled the surname of a former secretary of the treasury.  He is George P. Shultz, not Schultz.

Article source: http://www.nytimes.com/2013/02/28/business/senate-confirms-lew-as-treasury-chief.html?partner=rss&emc=rss

U.S. Economy Barely Grew in Fourth Quarter, Revision Shows

Breathe a tiny sigh of relief, if not exactly contentment: the American economy grew just barely in the last quarter of 2012.

Output expanded at an annual rate of just 0.1 percent, which is basically indistinguishable from having no growth at all and is far below the growth needed to get unemployment back to normal. But at least the economy did not shrink, as the Commerce Department had originally estimated last month, when the first report suggested that output contracted by an annual rate of 0.1 percent.

The department’s latest estimate for economic output, released Thursday, showed that growth was depressed by declines in military spending (possibly in anticipation of the across-the-board spending cuts set to begin Friday) and the amount that companies restored their stockroom shelves.

“The good news with business inventories is that what they take away in one quarter they tend to add to the next,” said Paul Ashworth, senior United States economist at Capital Economics, referring to the measure of this restocking process. “So there’s a good chance that first-quarter numbers will be better than originally thought.”

The output growth number was revised upward from the original estimate partly thanks to updated, and improved, data on business investment and net trade. Imports were lower than previously reported and exports were higher.

Economists expect that government spending will continue to drag on the economy this year, especially if Congress does not avert the spending cuts, which would shave around 0.6 percentage point off growth. Many are hoping that even if the cuts go through, Congress will reverse them in short order.

“They can always change their minds when they have to renew the continuing budget resolution at the end of this month or in April or May,” said Mr. Ashworth. “My expectation is that at most the cuts stay a month or two, and in most departments, with a wink or a nod, they won’t do anything crazy.”

Even if government does lop off $85 billion in the so-called sequester, as current law states, the private sector will offset most of this drag, thanks to the housing recovery and other sources of strength. Forecasts for the first quarter are for annual growth around 2.4 percent to 3 percent.

Monetary stimulus from the Federal Reserve, while under fire from some Republicans, is also helping offset the fiscal contraction.

“With monetary policy working with a lag and still being eased, the boost to the economy is probably still growing,” said Jim O’Sullivan, chief United States economist at High Frequency Economics.

The combination of monetary expansion and fiscal tightening has helped lead to a painfully slow drawdown in the unemployment rate. The jobless rate stood at 7.9 percent in January. The recent end of the payroll tax holiday is also expected to hold back consumer spending, and so job growth as well.

“I think it’s largely steady as she goes for employment,” said Jay Feldman, an economist at Credit Suisse, of the indications from the latest growth report. “I still think we’re in kind of a 175,000-jobs-a-month clip for a while, but with some downside risks later in the year from the sequester.”

Article source: http://www.nytimes.com/2013/03/01/business/economy/us-economy-barely-grew-in-fourth-quarter-revision-shows.html?partner=rss&emc=rss

Stock Indexes Edge Ahead

Wall Street stocks traded higher Thursday as investors found a few reasons to keep pushing markets higher following a sharp two-day rally, despite a read on economic growth that was weaker than expected.

In afternoon trading, the Standard Poor’s 500-stock index rose 0.2 percent, the Dow Jones industrial average added 0.1 percent and the Nasdaq composite index advanced 0.3 percent

Wall Street has largely resisted expectations of a correction, with the Dow Jones industrial average within striking distance of an all-time high.

The Commerce Department said Thursday that the economy grew 0.1 percent in the fourth quarter, a weaker pace than expected, although a slightly better performance in trade led the government to scratch an earlier estimate of a contraction in gross domestic product.

Separately, the number of Americans filing new claims for unemployment benefits fell more than expected last week, suggesting the labor market recovery was gaining some traction.

“The G.D.P. revision is positive but nothing to write home about, especially since it missed estimates,” said Adam Sarhan, chief executive of Sarhan Capital in New York.

While markets suffered steep losses earlier in the week on concerns over European debt, they have since recovered, with the gains fueled by strong data and comments from Federal Reserve chairman, Ben S. Bernanke, that showed continued support for the Fed’s economic stimulus policy.

“Bulls are still leading the market with the pullback bought up quickly, but we’re in a wait-and-see period after the big move we’ve had,” Mr. Sarhan said.

So far in February, the S.P. 500 has gained 1.2 percent, the Dow is up 1.6 percent and the Nasdaq has added 0.6 percent.

Investors will also be keeping an eye on the debate in Washington over government budget cuts that will take effect starting Friday if lawmakers fail to reach an agreement on spending and taxes. President Obama and Republican Congressional leaders arranged to hold last-ditch talks to prevent the cuts, but expectations were low that any deal would be produced.

“Investors have come to the realization that sequestration isn’t the end of the world and that it will eventually be fixed,” said Oliver Pursche, president of Gary Goldberg Financial Services in Suffern, N.Y. “But going into March, the risk is that the economy slows down and disappoints investors.”

J.C. Penney shares slumped 20.9 percent after the department store reported a steep drop in sales on Wednesday. Groupon also slumped on weak revenue, with the stock off 24 percent.

Sears Holdings started the day higher, after its earnings and sales beat expectations, but then fell 3 percent.

European shares ended modestly higher, while Asian markets closed sharply ahead.

Article source: http://www.nytimes.com/2013/03/01/business/daily-stock-market-activity.html?partner=rss&emc=rss

You’re the Boss Blog: Do You Remember to Ask Why?

Creating Value

Are you getting the most out of your business?

I believe it takes great systems to make great companies. Too often, rather than using a systematic decision-making process, we decide what we want to do before we understand why. Simon Sinek has put together a must-see TED lecture that deals with this and explains how great leaders inspire action.

It seems many businesses lurch from one initiative to another without real direction. Something seems like a good idea, and the owner will lead the charge. Several months later, the owner decides it really wasn’t a good a good idea and starts to focus on another bright, shiny object. Then the business charges in a different direction.

During the first 10 years I owned my vending business, I was one of those owners. I kept changing direction without good reason. I didn’t understand this at the time, but I was training my employees to just wait me out. They learned to not do anything because my next great idea might be only days or weeks away.

I kept changing direction for one reason. I was never clear on why I needed to do something different. For many owners like me, the problem is that we begin by asking what we want to do and then move directly to how we’re going to do it. But, as Simon Sinek points out, the crucial part of the equation is the question why. If we take the time to explain why we are doing something and why it makes sense in the context of our overall business mission, the world starts to look different.

I work with a manufacturer that makes great profits when it does customized work in small batches. This is a niche the company has developed, and it has worked well for more than 50 years. About two years ago the company licensed a product from outside an outside supplier that would require producing large batches at low prices to make money.

During a conversation with the owner, I asked why he decided to introduce this new line. After I asked the question, there was dead silence. After the long pause, he said, “I just never really thought about it.” And, that’s the crux of the problem in many companies: we just don’t think about it.

Had this owner really thought about why he wanted to bring in a product line with lower margins, he probably would not have been able to come up with a good answer. He might have saved himself a few years of effort that produced no results but cost him time and money. The good news is that he is now in the process of getting away from this idea and returning to what his company does best.

When I ask why something is important, I generally ask more than once. Even if we think we know the answer, I keep asking follow-up questions. When we get to the core reason of why we are doing something, we often decide to change our approach.

In the case of the manufacturer, his first reason was that he wanted to increase sales. It was only after I asked why he wanted to increase sales that he realized this new line of business didn’t fit with what his company’s mission. It wasn’t what the company did well.

The more you ask why, the better your answers become. The side benefit of this is that you not only make a better decision but you leave yourself better equipped to communicate the decision to those who have to execute it. This helps all of your stakeholders get excited about what you intend to do.

Here is the system I use:

1. I start with a statement about what I want to do.

2. I ask why five times — to get to my core reason.

3. I revisit what I want to do and make sure it’s consistent with the “why” I’ve developed.

4. I decide how I want to achieve my outcome.

5. I decide who I need to have involved with me to achieve the outcome.

This is what Southwest Airlines did when it got started. Instead of serving the business public, it went after the traveling public. The company realized that its customers were more interested in inexpensive fares than in frills; they would accept inconveniences to get where they wanted to go as long as the savings were significant. The company was very clear about who their customers were.

Today, I’m starting to see a different direction with Southwest. Its advertising is aimed at the business traveler. This is not what made Southwest successful. It will be interesting to see if this new direction confuses employees and customers.

Has your business made decisions without thinking things through sufficiently?

Josh Patrick is a founder and principal at Stage 2 Planning Partners, where he works with private business owners on creating personal and business value.

Article source: http://boss.blogs.nytimes.com/2013/02/28/do-you-remember-to-ask-why/?partner=rss&emc=rss

Samsung Armors Android to Take On BlackBerry

Samsung’s smartphones have been best sellers all over the world, but the company has been, until recently, marketing them to consumers, not businesses.

But over the last year, Samsung, the South Korean manufacturer, has been quietly beefing up the Google Android software that runs on its smartphones to give businesses a phone with more security.

It introduced that software, named Knox, as in the fort, at an international cellphone industry trade show here this week. Samsung said its new version of Android protected users from malware.

The company hopes that the new software makes Samsung smartphones attractive to corporate information technology departments that worry about the theft of sensitive corporate data by hackers. I.T. managers have been among BlackBerry’s most loyal customers because of the security BlackBerry built into its phones and the private communications network it maintains.

Samsung said it teamed up with General Dynamics, a military contractor, to ensure its phones met the strict security standards of government agencies. Samsung executives have said Knox will first appear on a new Galaxy smartphone in the second quarter. That phone is likely to be the Galaxy S IV, which is expected to be introduced at an event in New York on March 14.

The company has also been focusing more on businesses in its advertisements. It ran a series of amusing commercials during the Academy Awards show on Sunday featuring the phones’ handiness in a business.Samsung said it had evidence that it was ready for enterprise. Thousands of its Galaxy smartphones and tablets are already in the hands of American Airlines flight attendants, Dish Network cable technicians and Boston Scientific health care professionals.

“We will become No. 1 in enterprise,” said Tim Wagner, a vice president for enterprise sales at Samsung who worked at BlackBerry. “If Samsung chooses to be No. 1 in a certain area, we will become No. 1.”

Samsung has become the top seller of televisions and cellphones, but persuading I.T. managers to risk their jobs on a new security system will be tricky. BlackBerry executives insist the BlackBerry is still the top phone for professionals. But the company is vulnerable. Android phones and Apple iPhones last year replaced BlackBerrys as the most-used phones among workers all over the world, according to a study by the research firm IDC.

It found that more businesses were buying iPhones for their employees, and Android phones were the most popular among workers buying their own phones. That puts Samsung, as the leading Android phone maker, in position to become a top vendor for businesses.

To appeal to the business user, Samsung added special features to Android. One tool allows the phone owner to create separate “personas” for personal and business use, a feature also on the new BlackBerry 10.

In a phone’s business persona, an office worker can use apps approved and monitored by the I.T. department. The worker can switch to a personal persona, where personal photos, games and calendar are stored, which cannot be seen by I.T. If the employee were to leave the company and keep the phone, the I.T manager can erase the data from the business persona, leaving the personal data untouched.

The business persona also has a layer of security. If malware were to infect the phone, it would not be able to invade the apps and data in the business persona, said Rhee Injong, a senior vice president for the Samsung group that developed Knox.

Samsung also has teamed up with AirWatch, a company that makes tools for I.T. professionals to manage phones. AirWatch will make detailed tweaks inside the business persona of a Samsung device, like creating restrictions for Wi-Fi networks or blacklisting certain apps.

John Marshall, chief executive of AirWatch, said that the benefit of Samsung’s openness was that businesses could tailor their phone’s software and also better manage the corporate fleet of phones. He said that because BlackBerry made its own I.T. management software, its flexibility was limited. BlackBerry, however, said that its approach offered higher and more consistent levels of security.

Brian X. Chen reported from Barcelona and Ian Austen from Ottawa.

Article source: http://www.nytimes.com/2013/02/28/technology/samsung-armors-android-to-take-on-blackberry.html?partner=rss&emc=rss

DealBook: Mylan Buys Drug Maker of Generic Injectables

The drug maker Mylan announced on Wednesday that it was acquiring Agila Specialties Private, an Indian manufacturer of generic injectable drugs, for $1.6 billion in cash.

The move would double Mylan’s presence in the injectable-drug market, a fast-growing segment of the generic drug industry that has been troubled by major quality and supply problems in recent years.

Mylan’s chief executive, Heather Bresch, said in a telephone interview that the acquisition, expected to be completed in the fourth quarter, would help expand the company’s presence in emerging overseas markets and establish it as a major player in the injectables market. Mylan expects the injectables market to grow by 13 percent a year through 2017.

Despite this growth, however, most major manufacturers of injectable drugs have suffered from serious supply and quality problems in recent years, leading to recalls and a nationwide shortage of critical products like chemotherapy drugs.

Ms. Bresch said Mylan’s recognizable brand — it is one of the world’s largest makers of generic drugs — would set it apart from its competitors.

“Our ability to bring real quality leadership in this space is our real opportunity,” she said.

In the past, the injectable business was so competitive that companies drove prices too low, said Rajiv Malik, Mylan’s president. But now that several large manufacturers — including Hospira, Sandoz and Teva — have invested millions of dollars in upgrading their plants, that picture has changed.

“I think they won’t be chasing the floor anymore anytime soon,” he said.

Mylan is acquiring Agila from the Indian pharmaceutical company Strides Arcolab.

Agila, which is based in Bangalore, sells more than 300 products worldwide, including 61 drugs in the United States. It has nine manufacturing facilities in India, Poland and Brazil, and Mylan says the company has a strong presence in emerging markets like Brazil.

Mylan, based near Pittsburgh, Pa., said it had received a commitment letter from Morgan Stanley for a $1 billion senior unsecured bridge term loan, which would be used in combination with the company’s existing cash and other lines of credit to pay for the acquisition.

Morgan Stanley is serving as financial adviser to Mylan, and Skadden, Arps, Slate, Meagher Flom is the legal adviser, assisted by Slaughter and May and Platinum Partners.

Article source: http://dealbook.nytimes.com/2013/02/27/mylan-to-acquire-injectable-drug-maker-for-1-6-billion/?partner=rss&emc=rss

Boeing Shows Dreamliner Battery Plan to Japanese Government

Japanese investigators, however, have maintained that there is still not enough evidence to show that the batteries themselves are the cause of fires, and that a shock could have caused them to overheat. That could complicate Boeing’s efforts to get regulators around the world to approve their fixes, because they focus only on containing any problems that might arise in the batteries.

The Japanese assertions have put Japan’s transport safety board at odds with American investigators, who have said publicly that there was no such surge in electrical current from outside the battery. The lithium-ion batteries on the 787 are made by GS Yuasa of Japan.

Raymond L. Conner, the chief executive of Boeing’s commercial airplane division, who is in Tokyo for talks with Japanese government officials, airliners and suppliers, gave a public apology for the problems with the 787 and said that he was confident that the battery fixes were a “permanent” solution that ensured the batteries would not be a danger going forward.

“What we did today was to discuss these solutions that we are looking at that could be final solutions,” Mr. Connor told reporters after meeting with the Japanese transport minister, Akihiro Ota.

“We feel this solution takes into account any possible event that could occur,” he said, “any causal factor that could cause an event, and we are very confident that we have a fix that will be permanent and allow us to continue to use the technology.”

He denied that there was any disagreement between the American and Japanese positions on the needed fixes. He said that Boeing continued to have a “great relationship” with GS Yuasa, the battery maker.

Boeing has delivered 50 787s so far to eight airlines, and it expects to sell thousands of the fuel-efficient jets. But a battery caught fire on one Japan Airlines plane parked in Boston on Jan. 7, and smoke forced another 787 operated by All Nippon Airways to make an emergency landing in Japan.

Boeing has proposed separating the battery cells with insulation to keep heat from spreading from one to another. It also would build a fireproof container around the batteries and add tubes to vent smoke or hazardous gases out of the plane.

Article source: http://www.nytimes.com/2013/02/28/business/boeing-shows-dreamliner-battery-plan-to-japan.html?partner=rss&emc=rss