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☆ Inside the Growing Alarm Over Blackstone's BREIT Real-Estate Fund
▼ + stars: | 2024-05-07 | by ( Bethany Mclean | ) www.businessinsider.com time to read: +23 min

Investors in Blackstone's real-estate fund asked for their money back in droves — more than $15 billion to date. Unless the real-estate market comes roaring back, analysts warn, BREIT could end up shrinking to a fraction of its current size, leaving the fund's investors holding the bag. Only 3% of BREIT's holdings are in office buildings, which have been ground zero for commercial real estate pain. Advertisement"Not all real estate is created equal," BREIT boasted in a recent letter to stockholders, "and where you invest matters." "Commercial real estate is a slow burn," Brian Moynihan, the CEO of Bank of America, recently observed.

Persons: Blackstone, —, BREIT, REITs, Steve Schwarzman, Jeenah, Nate Koppikar, Craig McCann, BREIT's, Chilton, McCann, McCann, Horacio Villalobos, That's, Donald Trump, Robert Chang, Schwarzman, Michael Blackshire, Phil Bak, Stephen Schwarzman, Shannon Stapleton, Brian Moynihan, it's, It's Organizations: BREIT, Orso Partners, Securities Exchange Commission, Blackstone, SEC, Chilton Capital Management, SLCG Economics Consulting, Publicly, University of California, Regents, Armada Investors, Reuters, Bank of America Locations: BREIT, Lisbon, Fideres

☆ Apple reaches $490 million settlement over Tim Cook's China sales comments
▼ + stars: | 2024-03-15 | by ( ) www.cnbc.com time to read: +2 min

Tim Cook, chief executive officer of Apple Inc., speaks during the Apple Worldwide Developers Conference at Apple Park campus in Cupertino, California, US, on Monday, June 6, 2022. Apple has reached a $490 million settlement to resolve a class-action lawsuit that alleged Chief Executive Tim Cook defrauded shareholders by concealing falling demand for iPhones in China. A preliminary settlement was filed on Friday with the U.S. District Court in Oakland, California, and requires approval by U.S. District Judge Yvonne Gonzalez Rogers. Apple posted $97 billion of net income in its latest fiscal year, and its payout equals a little under two days of profit. The case is In re Apple Inc Securities Litigation, U.S. District Court, Northern District of California, No.

Persons: Tim Cook, Yvonne Gonzalez Rogers, Cook, Shawn Williams, Rogers, Apple Organizations: Apple Inc, Apple Worldwide, Apple, U.S, Norfolk Pension Fund, Apple Inc Securities Litigation, Court, Northern District of Locations: Cupertino , California, China, Oakland , California, Brazil, India, Russia, Turkey, Norfolk, Norwich, England, Northern District, Northern District of California

☆ U.S. judge greenlights Nio investor class action over factory claims
▼ + stars: | 2023-08-09 | by ( Jody Godoy | ) www.reuters.com time to read: +2 min

(Reuters) - Nio Inc investors can proceed as a class in a lawsuit claiming the Chinese electric vehicle maker lied about building its own factory in Shanghai during its 2018 initial public offering, a U.S. judge has ruled. Chinese electric vehicle start-up Nio Inc. company logo is on display on its initial public offering (IPO) day at the NYSE in New York, U.S., September 12, 2018. Securities class actions rarely go to trial; those that are not dismissed typically result in settlements. When Nio disclosed the plant would not be built in March 2019, its ADS price dropped 30%, from around $10 to $7 per share, the investors said. Nio ADS were trading at around $13.50 per share on Wednesday, down about 3.9% from Tuesday’s closing price.The case is In re: NIO, Inc., Securities Litigation, U.S. District Court, Eastern District of New York, No.

Persons: Brendan McDermid, Nicholas Garaufis, Morgan Stanley, Goldman Sachs, Nio Organizations: Reuters, Nio Inc, NYSE, REUTERS, underwriters, U.S, Securities, Inc, Securities Litigation, Court, Eastern District of Locations: Shanghai, U.S, New York, Nio, Eastern District, Eastern District of New York

The lawsuit stemmed from Cook's comment on a Nov. 1, 2018, analyst call that while Apple faced sales pressure in markets such as Brazil, India, Russia and Turkey, where currencies had weakened, "I would not put China in that category." Rogers, based in Oakland, California, said jurors could reasonably infer that Cook was discussing Apple's sales outlook in China, not past performance or the impact of currency changes. The judge also said that prior to Cook's comment, Apple knew China's economy had been slowing and had data suggesting that demand could fall. Apple and its lawyers did not immediately respond on Tuesday to requests for comment. The case is In re Apple Inc Securities Litigation, U.S. District Court, Northern District of California, No.

Persons: Tim Cook, Yvonne Gonzalez Rogers, Rogers, Cook, Apple, Jonathan Stempel, Jonathan Oatis Organizations: Apple Inc, Apple, U.S, Norfolk Pension Fund, Apple Inc Securities Litigation, Court, Northern District of, Thomson Locations: U.S, China . U.S, Brazil, India, Russia, Turkey, China, Cupertino , California, Oakland , California, Norfolk, Norwich, England, Northern District, Northern District of California, New York

Wells Fargo has operated since 2018 under consent orders from the Federal Reserve and two other financial regulators requiring that it improve governance and oversight. The San Francisco-based bank denied wrongdoing, and settled to eliminate the burden and cost of litigation, court papers show. "While we disagree with the allegations in this case, we are pleased to have resolved this matter," Wells Fargo said in a statement on Tuesday. Wells Fargo has since 2016 paid or set aside several billion dollars to resolve regulatory probes and litigation over its business practices. The case is In re Wells Fargo & Co Securities Litigation, U.S. District Court, Southern District of New York, No.

☆ Negotiating Financing Provisions in Mergers
▼ + stars: | 2023-05-01 | by ( ) www.reuters.com time to read: +47 min

(For the complete version of this resource, which includes initial considerations and questions counsel should ask when drafting and negotiating financing provisions in merger agreements, see Drafting and Negotiating Financing Provisions in Mergers on Practical Law.) For a private placement under Rule 144A, the financing parties may offer some flexibility regarding the required financing statements. The term refers collectively to provisions that benefit debt financing parties by limiting their liability in an acquisition financing, including provisions that provide for:No recourse to the financing parties. The target company has no recourse against the financing parties and cannot pursue litigation against the financing parties directly. The financing parties are third-party beneficiaries of the Xerox provisions to permit the financing parties to enforce their rights under the merger agreement.

[1/2] The Credit Suisse logo is displayed on a screen on the floor of the New York Stock Exchange (NYSE) in New York City, U.S., March 16, 2023. Credit Suisse AT1 bondholders get nothing under the UBS merger deal. A WisdomTree exchange traded fund that tracks a broad index of bank AT1s, has dropped 11% in the past fortnight. Credit Suisse AT1s made up less than 3% of the fund just before the Swiss bank's rescue, the asset manager disclosed. Deutsche Bank AT1 debt is trading at 74 cents on the dollar, off last week's lows around 67 cents but still below levels seen before the Credit Suisse writedown, Tradeweb data shows.

In a 31-page decision on Wednesday, U.S. District Judge George Daniels in Manhattan also dismissed all claims against the billionaire Ma, including for insider trading. Beijing announced an antitrust probe in Dec. 2020, and fined Alibaba $2.75 billion four months later for requiring "merchant exclusivity" to do business. Daniels said Alibaba shareholders lacked standing to sue over Ant, because the IPO did not happen and thus they never bought or sold Ant shares. He said they could sue Alibaba, Chief Executive Daniel Zhang and former Chief Financial Officer Maggie Wu over the antitrust compliance statements. The case is In re Alibaba Group Holding Ltd Securities Litigation, U.S. District Court, Southern District of New York, No.

Rights holders accused Bristol Myers of failing to submit critical information to the FDA and ready plants or inspection, in a bid to delay the approvals and avoid the $6.4 billion payout, while publicly pledging to use "diligent" efforts to meet the Dec. 2020 and March 2021 deadlines. He said there was no evidence that Bristol Myers executives sought to benefit financially from delays, and that even alleged corporate "mismanagement" did not amount to fraud. Bristol Myers and its lawyers did not immediately respond to similar requests. Bristol Myers still faces a separate lawsuit raising similar claims in Manhattan federal court by a trustee representing former Celgene shareholders, and a third lawsuit raising similar claims in a New York state court in Manhattan. The case is In re Bristol-Myers Squibb Co CVR Securities Litigation, U.S. District Court, Southern District of New York, No.

☆ Mexico's Televisa reaches $95 mln investor settlement over FIFA bribery role
▼ + stars: | 2023-03-01 | by ( Jonathan Stempel | ) www.reuters.com time to read: +2 min

[1/2] The logo of broadcaster Televisa is seen outside its headquarters in Mexico City, Mexico, December 14, 2022. REUTERS/Raquel Cunha/File PhotoNEW YORK, March 1 (Reuters) - Grupo Televisa SAB (TLEVISACPO.MX) has reached a $95 million settlement to resolve a U.S. investor lawsuit accusing the Mexican broadcaster of bribing FIFA soccer officials to win rights to four World Cup tournaments. Investors said they suffered losses as the bribery became known during corruption trials in Brooklyn, New York, causing the ADR price to fall. Its law firm Boies, Schiller & Flexner may seek up to $28.5 million of the settlement in fees and $3.5 million for expenses. The case is In re Grupo Televisa Securities Litigation, U.S. District Court, Southern District of New York, No.

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Jan 11 (Reuters) - Lucid Group Inc (LCID.O) on Wednesday won the dismissal of a lawsuit accusing the luxury electric car maker of defrauding investors in the special-purpose acquisition company that helped take it public, by significantly overstating its production outlook. Rogers said the Churchill shareholders had standing to sue over statements made by a different company, Lucid, because they alleged a "discernible" loss from "specific alleged misconduct." In Dec. 2021, Lucid received a U.S. Securities and Exchange Commission subpoena for documents related to the merger. Lawyers for Churchill shareholders did not immediately respond to requests for comment. The case is In re CCIV/Lucid Motors Securities Litigation, U.S. District Court, Northern District of California, No.

☆ Sam Bankman-Fried's not-guilty plea keeps his options open, says a former federal prosecutor who explains what the criminal case means for investors-turned creditors of FTX
▼ + stars: | 2023-01-08 | by ( Laila Maidan | ) www.businessinsider.com time to read: +6 min

The Commodity Futures Trading Commission's lawsuit had alleged that both Ellison and Wang knowingly deceived the public under Bankman-Fried's direction. O'Brien, a former assistant US Attorney for the Department of Justice, specializes in white-collar criminal defense and commercial and securities litigation. "When you get indicted, your first appearance in court, you don't know what the charges are. You're presented with a piece of paper, an indictment, but you don't know what the evidence is." But Bankman-Fried's plea doesn't have much to do with what the outcome will be for investors who lost funds on the exchange, O'Brien noted.

☆ Elon Musk attorneys aim to move trial from California to Texas, citing ‘local negativity’
▼ + stars: | 2023-01-07 | by ( Lora Kolodny | ) www.cnbc.com time to read: +3 min

Attorneys for Tesla and Elon Musk are asking a federal judge in San Francisco to move, or delay, a forthcoming trial from Northern California to Western Texas, saying they won't be able to find unbiased jurors and citing "local negativity" toward Musk. That year, Musk resided in California and Tesla was headquartered in Palo Alto. In a recent public appearance in San Francisco, Musk was booed after comedian Dave Chappelle invited him on stage. Musk and his attorneys have previously argued that his statements about a possible take-private deal for Tesla in 2018 did not violate the law. The Tesla CEO has repeatedly claimed that he made a handshake deal with investors from Saudi Arabia's Public Investment Fund to take Tesla private at $420 per share.

☆ Elon Musk's legal troubles are now the subject of a law school class
▼ + stars: | 2022-09-04 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +3 min

UCLA law school is offering a class called "Law of Elon Musk" on the billionaire's business dealings. Taught by corporate law expert professor Stephen Bainbridge, the course covers lawsuits against Musk. "He's generating a lot of really interesting case law," Bainbridge told NY Mag. "[Musk is] generating a lot of really interesting case law out of Delaware," Bainbridge told NY Mag about his class. "There are all these cases from different areas that all involve Musk," Bainbridge told NY Mag.

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