Posts Tagged ‘breach of fiduciary duties’

Calpers Sues The Rating Agencies For Bad Investment Advice

Tom Lindmark discusses the lawsuits resulting from losses due in part to rating agencies’ seemingly negligent advice. I don’t fully agree with his conclusion, though do in part – there’s plenty of responsibility to spread around, and a "day in court" is one way to divide it up. – Ilene

Courtesy of Tom Lindmark, BUT THEN WHAT?

Calpers Sues The Rating Agencies For Bad Investment Advice

rating agencies, lawsuits, bad advice

Just the first of many lawsuits of this type that will be coming down the pike but this one has some rich irony to it.

Calpers, the California retirement system manager, has filed suit against Moody’s, Standard & Poors and Fitch claiming that they are responsible for over $1 billion of losses it incurred in investments in structured investment vehicles which owned exotic financial assets.

From the NYT:

The suit from the California Public Employees Retirement System, or Calpers, a public fund known for its shareholder activism, is the latest sign of renewed scrutiny over the role that credit ratings agencies played in providing positive reports about risky securities issued during the subprime boom that have lost nearly all of their value.

The lawsuit, filed late last week in California Superior Court in San Francisco, is focused on a form of debt called structured investment vehicles, highly complex packages of securities made up of a variety of assets, including subprime mortgages. Calpers bought $1.3 billion of them in 2006; they collapsed in 2007 and 2008.

Calpers maintains that in giving these packages of securities the agencies’ highest credit rating, the three top ratings agencies — Moody’s Investors Service, Standard & Poor’s and Fitch — “made negligent misrepresentation” to the pension fund, which provides retirement benefits to 1.6 million public employees in California.

The AAA ratings given by the agencies “proved to be wildly inaccurate and unreasonably high,” according to the suit, which also said that the methods used by the rating agencies to assess these packages of securities “were seriously flawed in conception and incompetently applied.”

OK, that’s standard stuff and we will see a lot more of it. Who prevails is an open question, however, I think that if the tide does turn against the rating agencies then the legal actions are most likely money down a dry hole. There’s no way that the agencies have the funds to cover a wave of negative judgements. But here’s the most intriguing…
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Zero Hedge

Sparks Fly In German Press As Treatment Of Muslims Hits "Gunpoint"

Courtesy of ZeroHedge. View original post here.

Submitted by Tyler Durden.

Europe's conservative, anti-immigrant and anti-Muslim tide is rising and spreading at an accelerating pace from nation to nation.

First it was the unprecedented ascent and surge in the polls of France's National Front, whose Marine Le Pen has become the leading contender in next year's presidential elections; then there was Austria whose Freedom Party swept the competition in last weekend's first round of the local ...



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Chart School

The Q Ratio and Market Valuation: April Update

Courtesy of Doug Short's Advisor Perspectives.

Note: We've posted an update to data through the end of April.

The Q Ratio is a popular method of estimating the fair value of the stock market developed by Nobel Laureate James Tobin. It's a fairly simple concept, but laborious to calculate. The Q Ratio is the total price of the market divided by the replacement cost of all its companies. Fortunately, the government does the work of accumulating the data for the calculation. The numbers are supplied in the Federal Reserve Z.1 Financial Accounts of the United States of the United States, which is released quarterly.

Extrapolating Q

The ratio subseque...



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ValueWalk

Baker Hughes And Halliburton Call Off Merger [CHARTS]

By Jacob Wolinsky. Originally published at ValueWalk.

On Sunday, energy exploration industry leaders Halliburton Company (HAL) and Baker Hughes Incorporated (BHI) called off their merger deal which was valued at approximately $28 billion. Halliburton first announced plans to acquire Baker Hughes in November 2014, however, the duo struggled to get the green light from antitrust regulators in multiple countries including the US and EU.

Analysts react

Evercore Opines:

Broken Deal; Halliburton Company and Baker Hughes Announce Termination of Planned Merger. Less than a month after the U.S. Department of Justice sued Halliburton to block its proposed acquisition of Baker Hughes (BHI, Buy), the two companies have announced the termination of the November 2014 merger ...



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All About Trends

Mid-Day Update

Reminder: Harlan is available to chat with Members, comments are found below each post.

Click here for the full report.




To learn more, sign up for David's free newsletter and receive the free report from All About Trends - "How To Outperform 90% Of Wall Street With Just $500 A Week." Tell David PSW sent you. - Ilene...

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Phil's Favorites

Send Out the Clowns

 

Send Out the Clowns

Courtesy of James Howard Kunstler

In this decade of maximum peril, a prankish God delivers two maximally detested candidates to lead the faltering nation as events run ahead of all the convenient narratives. For instance: the idea that Republican “insiders” can block Trump’s path to the nomination. The insiders may be phantoms after all. For instance, the loathsome Koch brothers have already made their move onto Hillary’s side of the game-board. Trump won’t miss their campaign contributions for a New York minute (while Hillary might find a way to stuff the cash into some Cayman Islands lock-box of the Clinton Foundation).

Events played right into Trump’s smallish...



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Market News

News You Can Use From Phil's Stock World

 

Financial Markets and Economy

Wrong-Way Bets Rule U.S. Stock Market's $3 Trillion Recovery (Bloomberg)

Here’s what happened during the rebound in equities that added nearly $3 trillion to U.S. share values in 10 weeks: mutual funds hoarded cash, short sellers tightened their grip on bearish bets and individuals bailed out of the market.

Fed Ponders Catchup With Economic Theory Signaling Rates Too Low (Bloomberg)

When does treading carefully lead to falling behind?

...



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Kimble Charting Solutions

Crude Oil- Suggesting to "Sell In May" again?

Courtesy of Chris Kimble.

CLICK ON CHART TO ENLARGE

It’s that time of year to hear the “Sell In May” message. This theme usually applies to stocks. Could it also apply to Crude Oil?

The above chart compares Crude Oil and the S&P 500 the past four years.

A year ago, Crude Oil and the S&P 500 both peaked the first of May at (1) and then proceeded to create a series of lower highs and lower lows for the next 9 months.

To start off this year, both created reversal p...



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OpTrader

Swing trading portfolio - week of May 2nd, 2016

Reminder: OpTrader is available to chat with Members, comments are found below each post.

 

This post is for all our live virtual trade ideas and daily comments. Please click on "comments" below to follow our live discussion. All of our current  trades are listed in the spreadsheet below, with entry price (1/2 in and All in), and exit prices (1/3 out, 2/3 out, and All out).

We also indicate our stop, which is most of the time the "5 day moving average". All trades, unless indicated, are front-month ATM options. 

Please feel free to participate in the discussion and ask any questions you might have about this virtual portfolio, by clicking on the "comments" link right below.

To learn more about the swing trading virtual portfolio (strategy, performance, FAQ, etc.), please click here ...



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Insider Scoop

Mednax's Unit MedData To Buy Duet Health For Undisclosed Terms

Courtesy of Benzinga.

Related MD Benzinga's Top Downgrades After Rounds Of Financing, Is Healthcare M&A Picking Up?

MEDNAX (NYSE: MD)' unit MedData, Inc., disclosed the acquisition of Duet Health, which is engaged in developing of patient engagement software, as well as, mHealth solutions. The terms a...



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Biotech

PRGO, VRX and an Overpriced Papa

Reminder: Pharmboy and Ilene are available to chat with Members, comments are found below each post.

By Ilene 

Remember this? It was Monday. PRGO is down from around $130 to under $100 since I started following it LAST WEEK. That's down almost 25% in a week, and almost 50% in the last year. So I wrote, 

"Perrigo CEO Joseph Papa leaves Perrigo (PRGO) to lead Valeant (VRX) while PRGO issues a warning about missing earnings expectations. Not surprisingly, PRGO stock plummeted today. 

Robert Ingram, Chairman of the [Valeant] Board, stated, "The Board has conducted a thorough search process and believes that Joe is the ideal leader for Valeant at this time. He has a strong shareholder orientation,...



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Digital Currencies

Is Bitcoin About To Soar?

Courtesy of ZeroHedge. View original post here.

Back on September 2, 2015 when bitcoin was trading at $230, we laid out the simplest and most fundamental reason why, irrelevant of one's ideological persuasion with "alternative" or digital currency - bitcoin would soar.

it was earlier this summer when the digital currency, which can bypass capital controls and national borders with the click of a button, surged on Grexit concerns and fears a Drachma return would crush the savings of an entire nation. Since then, BTC has dropped (in no small part as a result of the ...



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Mapping The Market

About that debate last night

Although we try to stay focused on finding and managing promising trade ideas, the comments in the comment section sometimes take a political turn (for access, try PSW — click here!). So today, Jean Luc writes,

The GOP debate last night was just unreal – are these people running to be president of the US or to lead a college fraternity! Comparing tool size? The only guy that looks semi-sane is Kasich. The other guys are just like 3 jackals right now. 

And something else – if Trump is the candidate, that little Romney speech yesterday is probably already being made into a commercial. And all these little snippets from the debate will also make some nice ads! If you are a conservative, you have to be scared now. 

Phil writes back,

I was expecting them to start throwing poop at each other &n...



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News: If you missed it, you can probably find it in our Market News section. We sift through piles of news so you don't have to.   

If you are looking for non-mainstream, provocatively-narrated news and opinion pieces which promise to make you think -- we feature Zero Hedge, ...



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Help One Of Our Own PSW Members

"Hello PSW Members –

This is a non-trading topic, but I wanted to post it during trading hours so as many eyes can see it as possible.  Feel free to contact me directly at jennifersurovy@yahoo.com with any questions.

Last fall there was some discussion on the PSW board regarding setting up a YouCaring donation page for a PSW member, Shadowfax. Since then, we have been looking into ways to help get him additional medical services and to pay down his medical debts.  After following those leads, we are ready to move ahead with the YouCaring site. (Link is posted below.)  Any help you can give will be greatly appreciated; not only to help aid in his medical bill debt, but to also show what a great community this group is.

http://www.youcaring.com/medical-fundraiser/help-get-shadowfax-out-from-the-darkness-of-medical-bills-/126743

Thank you for you time!




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Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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