Paying M&A Bankers by the Hour

Should M&A bankers be paid by the hour? William Cohan thinks so, on the grounds that they would then give more impartial advice, rather than being incentivized to close every deal. The Epicurean Dealmaker, naturally, begs to differ:

The average client does not want or expect his or her investment banker to give unbiased or neutral advice in a deal context. That is what he or she has corporate lawyers for: they are the advisors who have the fiduciary duty to protect their client from adverse legal, regulatory, and environmental outcomes. In addition, the client relies on him- or herself (with the backing–or prodding–of the Board) to exercise the business judgment to say no to unfavorable business terms. In contrast, the client hires the investment banker to try and fix these problems when they arise, to keep the deal momentum flowing, and to make the deal happen…

Putting investment bankers on a time clock, as Mr. Cohan proposes, would not fix this problem. In fact, it would be entirely counterproductive, since it would incentivize bankers to find all sorts of excuses to drag out negotiations and slow down the deal process, in order to pad their billable hours. (A complaint, by the way, which many clients of mine have leveled in the past against their paid-by-the-hour outside corporate counsel.) Putting bankers on the clock would just slow down the process of getting to yes or no, not materially change the distribution of the answers.

I’m not at all convinced that corporate lawyers can or should be the people providing impartial advice about whether a certain deal makes strategic or fiduciary sense. Maybe if all corporate lawyers were Wachtell – but they’re not. I’m also far from convinced that slowing down the process of getting to yes or no is necessarily a bad thing, in the context of a market where the overwhelming majority of acquisitions end up failing.

There have been many attempts over the years to set up "trusted strategic advisory" shops where bankers make their money from permanent retainers rather than success fees; to my knowledge, none of them has really panned out. TED makes some very good points, and more than holds his own in the battle of ideas. But ultimately that doesn’t matter: in the real world, nothing is going to change, and both he and Cohan know it. A lot of bad deals will continue to get done, a lot of value will be destroyed, and every so often someone will blame the bankers. They’re being paid enough, they’ll live.

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When Trusted Advisors Have Their Clients Over a Barrel

When times are good, investment bankers love to shower their clients with relationship guff. "We’re not just selling products," they say, "we’re building a relationship". They talk a lot about being a "trusted advisor," and the older ones might even mention the JP Morgan "blank tombstone" ad, the point of which was that good bankers would sometimes advise their clients not to do deals.

And then the markets turn, the bankers run for the hills and abandon their clients, and the clients get angry. Especially when the banks start acting like a cartel:

The head of a New York state agency that markets bonds for about 250 universities, hospitals and other institutions blasted securities firms for pulling back from the auction-rate securities markets.

David Brown, executive director of the New York State Dormitory Authority, said the agency aims to shake up its roster of underwriters for more than $4 billion in annual municipal-bond issues in order to improve auction results.

"As a whole, this is not the finest hour of the investment-banking community," Mr. Brown said. Auction dealers "are refusing to make a market in the securities, saying publicly this product is dead and everyone has to get out of it," then recommending debt restructurings "where they will earn yet another investment-banking fee."…

"Without any warning and simultaneously, the brokers stopped participating in the market," Mr. Brown said.

Brown can and probably should "shake up his roster of underwriters," but it’s not going to do much good. This is just like underwriters refusing to fulfill their obligations to buy stocks or bonds when the market turns against them: banks swear up and down they’d never do such a thing, until they do it.

It is interesting to me that not a single Wall Street bank – not even Goldman Sachs – saw a golden opportunity to differentiate itself from the pack, here, and support its own auction-rate securities even as the rest of the Street let their bonds fail. From Brown’s point of view – and, frankly, from mine as well – it looks decidedly premeditated: it’s improbable, to say the least, that it’s complete coincidence that all these banks stopped supporting their deals at exactly the same time.

But right now the banks have the issuers over a barrel: if none of the banks are supporting their auction-rate securities, and if they’ve all made the simultaneous decision to let the asset class die, then issuers have no choice but to refinance just when spreads are irrationally wide – and pay the banks hefty fees for the privilege. You can understand why David Brown is spitting mad.

Posted in banking, bonds and loans | Comments Off on When Trusted Advisors Have Their Clients Over a Barrel

Microsoft: Where Fines are a Cost of Doing Business

Neelie Kroes ain’t pulling her punches:

"Microsoft was the first company in 50 years of E.U. competition policy that the commission has had to fine for failure to comply with an antitrust decision," Ms. Kroes said.

…and so did Microsoft end up on the wrong end of a $1.35 billion antitrust fine from the EU. This is becoming a semi-regular occurrence:

The latest fines come on top of an initial fine of ßøßøßø497 million that Microsoft was required to pay when first found guilty of monopolistic behavior. Having failed to comply with the commission’s ruling, the regulator fined the software giant an additional ßøßøßø280.5 million in July 2006.

Adding Wednesday’s fine, Microsoft will have handed over a total of ßøßøßø1.68 billion, or $2.5 billion at current exchange rates, to the European antitrust regulator.

One of the more interesting bits of Freakonomics was the experiment that showed parents showing up later to pick their kids up from school when they got fined for doing so. The fine ratifies the behavior, in some way. Or think about a situation where you’re going on holiday and won’t be back until after your library book is due to be returned. If you know you can pay a fine when you get back, it’s possible that you’ll think that fine to be "worth it" and therefore take the book with you.

I’m not saying that the benefits of its anticompetitive behavior were worth the $2.5 billion in costs that Microsoft has now garnered. But I do think that at least until very recently it considered these fines something of a cost of doing business. But this fine, along with last week’s decision to open up Windows, should, I think, put an end to that. For the time being.

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Blogonomics: When a Salary Becomes an Advance

At the beginning of the year, Gawker Media moved to a new pay scheme where writers were paid based on their pageviews. According to the memo, the new scheme was pretty simple:

While your base monthly pay remains the same, the chance of a bonus will depend on your individual performance. More specifically: it will depend on the popularity of your posts that month.

Got that? Base pay, plus a bonus if you’ve been popular that month. Except, it doesn’t seem to have worked out that way. It’s only February, and here’s Nick Denton, firing an employee:

You should be doing some 670,000 views a month to justify your advance.

Base pay, it seems, has already disappeared. No one at Gawker gets paid simply to do their jobs any more (except maybe the "site leads"): instead, that monthly paycheck is now being thought of as nothing more than an advance against pageview-driven income. If you don’t get a bonus, that means you’re not earning out your advance, and you’re liable to get fired.

It’s a subtle distinction, but an important one. Base pay is earned income; an advance is unearned income, or at least yet-to-be-earned income.

Maybe it’s this change which has caused Choire Sicha to change his mind so dramatically on this pay scheme. Immediately after leaving Gawker, he was very positive about it:

I think I’m one of the few who’s really in favor of it, essentially. Conceptually what paying people for their traffic does is it puts income in the hands of the worker; it puts control of the income, in some slightly messy way, in the hands of the people actually doing the writing. I think that’s actually kind of a huge advance.

Now, however, he hates it:

The millionaires like to cast the current, security-less system as a meritocracy–they say that their successful employees, and successful content, all rise to the top. But it isn’t true. "Merit," in terms of "content creation," isn’t what makes the employers money, and it isn’t what gets them attention. Crap does, though. And so they can spend all day throwing crap at the wall, and plenty of it will stick. That they have to dissemble about the nature of this system to the public and to employees is absurd. That people who work under this system actually conduct their business on these terms is sad, but what else shall they do?

What they shall do, of course, is work elsewhere. Yes, there’s a huge pool of hungry young media types desperate to make their mark in Manhattan; they will continue to be exploited, just as they always have been. But if Nick Denton (or anybody else) wants to attract experienced talent, they’re going to have a very hard time doing so on this system. Sales guys and bankers do better work and get motivated by bonus and commission systems. Writers, on the other hand? Not so much.

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Extra Credit, Wednesday Edition

Global carbon market up 56% in 2008

The Latest Carbon Prices

The Logic of Privatization Ain’t That Inexorable, Bud

Chart of the Day: Why Didn’t People Watch the Oscars?

Elliott Sues Cedar Hill For Spying, Stealing: "An overt act of corporate espionage"!

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How the Optics of Wealth Fuelled the Argentine Debt Boom

Megan McArdle and Tyler Cowen are talking today about the optics of wealth, concentrating on Cuba. Why would people think that Cuba is doing better than northern Mexico, when the opposite is true? And more broadly, why do rich countries like Iceland and Korea feel much poorer than they are, while the opposite is true in countries like the Czech Republic?

Bob, in Cowen’s comments, makes an excellent point:

The general rule is that countries that are historically poor, but become richer in a short span still don’t have much accumulated wealth, and thus look poor to our eyes.

In contrast, previously rich places that are struggling still have the lingering wealth accumulation. Cuba fits this pattern. As does much of Europe.

I’d add that this effect has very real repercussions, well beyond touristic attitudes. My favorite example is Argentina during the 1990s, which went on a debt-fuelled spending spree. Every week one investment banker or other would fly down to Buenos Aires, put his team up at the Alvear Palace hotel, eat great food, drink great wine, enjoy a lively and vibrant culture, and pitch the finance ministry on a new bond issue. BA felt so prosperous and European (and, it must be said, white) that people ended up believing the evidence of their own eyes rather than the numbers in front of them.

In fact, large swathes of Argentina – and even of Buenos Aires, outside the parts visited by foreigners – were desperately poor all along. And eventually Argentina ended up defaulting on a hundred billion dollars or so of foreign debt. If Buenos Aires had looked more like Sao Paulo or Manila, I doubt that Wall Street would have been willing or able to finance the unsustainable boom for as long as it did.

In other words, becaues Argentina used to be incredibly wealthy, back at the turn of the century, it still felt wealthy at the end of the century. Which sowed the seeds of the disastrous crash of 2001-2.

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Municipal Bonds: Eisinger’s Response to Carney

Jesse Eisinger is of course eternally grateful for my defense of his article against the imprecations of John Carney. But he has more to add:

I’m grateful that John took some time out from reporting on the toilet

situation at Merrill Lynch to respond to my piece. Perhaps not surprisingly,

I remain unconvinced.

Felix has ably dealt with most of Carney’s objections. But I’ll add some

points to his. For one, I’d like to see the affirmative case for muni bond

insurance. If the vast majority of muni bonds are backed by the implicit

taxation power of the state – some municipalities cannot even legally

default – then why do these bonds need insurance? They don’t. End of story.

But let’s deal with this magic of the marketplace line of argument. He

writes: “If munis were consistently rated too low and the market somehow

overlooked this error, there would be huge opportunities for risk-free

return in the market.” Ah, the miracles that our investing class can work!

Except that the mispricing is small – perhaps 0.2% a year, according to

people I’ve spoken with — and difficult to arbitrage. If, however, you

multiply that by the size of the muni market ($2.5 trillion or so) you get

$5 billion in extra annual costs to our taxpayers. That’s a pretty big price

to pay so that rating agencies don’t have to travel all around the country

inspecting roads and bridges and bond insurers can make a few bucks.

And in fact, there have been some highly rated, highly levered structured

finance vehicles created to take advantage of the situation. Of course, they

have gotten into trouble due to the mark-to-market distress in the current

muni market.

Finally, I’ll add one clarification to his last paragraph, which suggests a

misunderstanding of the way the rating agencies’ business works. The

agencies explicitly say that there is ratings equivalence between

corporates, sovereigns and structured finance. So a Triple A rating across

all three is supposed to reflect the same default and/or loss assumptions.

Munis, however, are rated on a separate scale. (Though, of course, the

object is the same: to rate the chances for default and loss. That’s the

only reason a rating should be different, so I’m not sure what Carney is

referring to when he worries that mapping to a corporate ratings scale would

“[obscure] differences in the risks of different municipalities.")

So why are there two different scales? Why did Moody’s do all that work over

ten years to come up with the muni/corporate ratings equivalence and not

move munis onto the regular scale? When I asked Moody’s they said that the

market likes to have fine distinctions in their muni ratings. Ok, so why

does muni bond insurance need to exist, which makes every insured bond

Triple A? Because, Moody’s told me, the market likes the “commoditization”

in the ratings that bond insurance brings. Hmmm. So which is it?

Posted in insurance | Comments Off on Municipal Bonds: Eisinger’s Response to Carney

Dependent Variables in Political Prediction Markets

There’s a great example of the mathematics of dependent and independent variables over at InTrade right now. The betting company has just launched a CLINTON.LIFELINE contract, which reflects her chances of winning all three of the Ohio, Texas, and Pennsylvania primaries. At the moment, it’s trading at 11.2%.

Clinton’s chances of winning Ohio, according to InTrade are 55.1%; her chances in Texas are 29.4%; and her chances in Pennsylvania (which doesn’t happen until April 22) are 22%. If all these three probabilities were independent of each other, her chances of winning all three would be just 3.6%. On the other hand, at the other end of the spectrum one can imagine a world in which if Clinton won the most improbable state (Pennsylvania), she’d be bound to win the more probable states of Ohio and Texas. In that case, the chances of her winning all three states would be 22%.

As it is, the Lifeline contract is trading right in the middle of those two points, implying that the three states are different, but not completely different. Which makes sense to me. Of course, this contract will only really trade independently until March 4: after that, it will either expire at zero, or else trade exactly in line with DEM.PENN.CLINTON.

Posted in prediction markets | 1 Comment

In Defense of the Patriot Employer Act

Willem Buiter and Anne Sibert are really tough on Barack Obama today, calling his Patriot Employer Act "reactionary, populist, xenophobic and just plain silly". Andrew Leonard doesn’t even attempt to defend Obama on the merits, instead painting this Act as a politically-motivated attempt to win Ohio and therefore the presidency.

Economists pride themselves on understanding how the world is. But doesn’t that imply that their calculus include political reality? …

Barack Obama is playing to win. This may dismay some economists. Maybe they should try winning an election in the American midwest in 2008.

In fact, though, Obama’s proposal, while hardly at the top of any sensible economist’s wish-list, is not nearly as harmful as Buiter and Sibert make it out to be.

Buiter and Sibert break the act into six parts. The first they admit would have very little practical effect, and the only harm would be an inchoate "contempt for laws and institutions". The second, third, and fourth parts they attack on identical grounds: that they would increase employers’ labor costs, and "not every employer in the United States can provide these subsidies and still make enough of a profit to stay in business". They don’t seem to have followed the minimum-wage debate very closely (small increases in a low minimum wage don’t seem to reduce employment), and in any case it’s perfectly politically defensible to say that people who can’t get by without paying their employees a living wage shouldn’t be in business.

The fifth part is the one saying that employers should continue to pay employees’ salaries when they’re members of the National Guard and called for active duty. Buiter and Sibert say this just gives employers an incentive to fire (or not hire) employees who are in the National Guard – something which is surely true at the margin, but no one knows how big an effect that would be. And finally, part six Buiter and Sibert actually agree with.

Overall, then, I think the amount of harm the Obama bill would cause is really rather small, and it might actually do some good for working families. Obama’s apologists don’t need to defend it on regrettable-political-necessity grounds, it’s actually reasonably defensible on its merits.

Update: The Economist is on pretty much the same page.

Posted in economics, Politics | Comments Off on In Defense of the Patriot Employer Act

Credit Cards Around the World

Ronald Mann’s credit-card infographic in Foreign Policy has been getting a lot of attention in the econoblogosphere today. It’s a great little piece, but a little unclear on some things, especially sources. So I sent off an email to Professor Mann:

In one chart you

say that Chinese card spending per capita is something over $2,000,

while in another you say that there are 33 people per card in China.

Does that mean that the average Chinese credit-card holder is

spending something on the order of $70,000 per year on credit cards

— or more, if the average credit card holder has more than one card?

Also, has per-capita credit-card spending in China now exceeded the

equivalent number for Japan?

And got a very swift reply:

Your

intuition that I am combining data sources is correct. The information on

number of cards is from Cards International (which I regard as pretty

reliable). The information no spending is from EuroMonitor (which I regard

as considerably less reliable). FWIW, the information on spending governs

all cards (credit and debit), while the information on cards is just credit

cards. That surely explains a good deal of the discrepancy.

As this suggests I don’t even have any BAD data on per capita credit card

spending in China, but I doubt it approaches the per capita credit card

spending in Japan.

All this bodes well for the upcoming Visa IPO, I think, since Visa makes money whether you’re using credit cards (as in the US) or debit cards (which are more popular in much of the rest of the world).

For me, the biggest surprise was to see Britain trailing by some margin not only the US but also Australia and Canada in terms of credit-card spending per capita. Wasn’t Britain meant to have the largest credit-card debt per capita in the world, or something? Maybe Britons don’t spend very much but are just really bad on the repayments front.

Posted in personal finance | Comments Off on Credit Cards Around the World

Letter Writer of the Day: Jay Brown

I think I’m falling a little for Jay Brown, now on his second tour of duty as MBIA CEO. From his letter to shareholders:

As the leading monoline, we are also a convenient and attractive target for self-interested parties such as Mr. William Ackman. Many of you have asked me in the past few days whether there is something personal between us. In actual fact we have many similarities. We are both extremely passionate in our beliefs and are persistent in overcoming all obstacles in terms of reaching our objectives. The real difference is that I am leading a regulated institution that provides security, jobs and peace of mind to tens of thousands of institutions and millions of individual investors. Mr. Ackman’s objective is less complex; he will stop at nothing to increase his already enormous personal profits as he systematically tries to destroy our franchise and our industry.

The whole letter is extremely well written, and I suspect that most of it was written by Brown himself rather than a flack or speechwriter. It has a human voice, it doesn’t descend into jargon, and Brown gets his points across clearly and succinctly. Maybe he should start a blog!

(Via Alea)

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Chart of the Day: Real Earnings

earnings.jpg

This chart, from the NYT, shows annual growth in real wages. What that means is that workers today are earning significantly less, in real terms, than they were a year ago: their January 2008 earnings were down 19 cents per hour or $8.31 per week from January 2007.

The chart doesn’t mention the main reason for the fall: unusually high inflation. Since inflation is running at a 4% clip right now, you’d need wages to be rising at the same rate in nominal terms just to stay at zero on this chart. If food and energy prices stop rising at some point, real wages will start looking much healthier.

On the other hand, however, it’s clear that for most of the past year weekly wages have been lagging hourly wages. That’s not good news at all: it shows that the workweek is shortening for most workers. Slower increases in food and energy prices aren’t going to help on that front.

(Via Thoma)

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Sovereign Wealth Funds: Hard to Regulate

Bob Davis has an excellent front-pager in today’s WSJ on the dance between sovereign investors and sovereign investees. Both the US and the EU are looking for sovereign wealth funds to become more transparent, although it’s far from obvious what kind of sanctions they have in mind if that doesn’t happen.

The IMF’s John Lipsky sounds very sensible:

Outside pressure could backfire, Mr. Lipsky says. "If there were a sense that somehow ‘best practices’ were decided by someone else and dictated [to the funds], that could be extremely counterproductive," he says. "This needs to be cooperative to be meaningful."

The EU president, less so:

During a visit yesterday to Oslo, European Commission President Jose Manuel Barroso sought to distinguish between Norway’s fund, which he praised, and those outside the Continent. "We cannot allow non-European funds to be run in an opaque manner or used as an implement of geopolitical strategy," he said.

Someone should tell this chap what the "S" in SWF stands for. "Sovereign" means it’s not up to anybody else what you are or are not allowed to do.

At the end of the article Barosso mutters darkly about introducing legislation. But it will be very, very hard to do anything with real effectiveness or teeth. Let’s say I open up a hedge fund in London or Connecticut: it’s a private fund, I need to disclose very little, and I sell a 95% stake to Abu Dhabi, which also puts in $50 billion or so for me to invest. At that point, I’m a sovereign wealth fund in all but name – but you just try to include me in any proposed legislation.

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Why the Web won’t Kill Television

Print media were the first victims of the World Wide Web – something which makes sense, given its text-heavy nature. Now that video is increasingly important to the Web, will television be next to implode? I don’t think so. Sophia Banay today talks to the co-creator of new NBC series Quarterlife, which started on the web:

Quarterlife didn’t do particularly well on the Web, with some episodes receiving less than 100,000 views. So why do you and NBC think it will succeed on network television?

Actually, I think it has done very well on the Web. If you compare it to other online scripted series, it’s probably the third most successful one ever. I think that it just proves to be very difficult to promulgate scripted content on the Internet. That’s the reality we’re all facing.

Once again, remember that consumer-facing media is all about delivering consumers to advertisers. And television, for all that ratings are falling, can do that in numbers that the web simply can’t. A monster hit on YouTube would be a ratings failure on TV, and advertisers wanting to reach a mass market are still essentially forced to buy television spots. I’m a great believer in the present and future of the web, but even I would shun it if I were advertising any kind of fast-moving consumer good.

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Why Yield Spreads Aren’t the Same as Credit Risk

John Carney is one of those people who seems to think that if you’re contrarian you must be right. His latest broadside is directed against Jesse Eisinger, of all people; in it he tries to assert that there’s really nothing wrong either with the municipal bond market or with the way that the ratings agencies rate it. But he makes an enormous mistake: he assumes that the yield of any bond is basically just the risk-free rate plus a premium for credit risk. And because that simply isn’t the case, his entire argument falls apart.

For instance, Carney claims that muni bonds’ low yields are a function of their low credit risk:

Markets are very much aware that muni bonds rarely default, regardless of the rating. This is why muni bond investors accept lower yields–they know they are getting less risk. Similarly rated corporate and muni bonds are not similarly priced–the munis have lower yields that reflect their lower risk. The only way to conclude that the muni bonds are rated too low is to ignore pricing differences.

The whole reason why muni bonds have lower yields than identically-rated corporate bonds is very simple: they’re tax-exempt. End of story. Their lower yields reflect not their lower credit risk, but rather the fact that bondholders pay no tax on their coupon income.

But Carney doesn’t even mention that particular elephant in the room, and blunders on:

Imagine if this were not the case. If munis were consistently rated too low and the market somehow overlooked this error, there would be huge opportunities for risk-free yield in the market. We would expect arbitrageurs to very quickly make these opportunities vanish.

Which reminds me of the old joke about how many Chicago-school economists it takes to change a lightbulb: none, since if the bulb needed changing the market would have done it already. Of course Carney doesn’t tell us what these "opportunities for risk-free yield" might be. Presumably they involve in some manner going long municipal bonds while going short identically-rated corporate debt: how one can do that in a risk-free way I have no idea. Especially given the fact that the trade has negative carry. Selling high-yielding debt and buying low-yielding debt? That’s certainly not my idea of "risk-free yield".

Carney even has a theory for why munis are rated more stringently than corporates:

Rating munis according to the same criteria as corporate bonds would reduce the amount of information available to the market by obscuring differences in the risks of different municipalities. If two-thirds of munis were rated triple-A, investors would lack guidance about real differences between the issuers.

Real differences? Differences in what, exactly? Not default rates, that’s for sure. And why should muni investors be the only buy-siders able to access ratings-agency information about subtle ratings gradations within the world of triple-A? Given the enormous quantity of triple-A structured products out there, don’t you think that this service would be even more useful with them?

The truth is that different types of debt are rated on different scales, and the market is very well aware of this. Munis are rated on a scale that compares them to other munis, not corporate bonds. Corporate bonds, in turn, were obviously rated on a different scale than CDOs, and the market reflected its awareness of this by requiring higher yields for highly rated CDOs than it did for highly rated corporate bonds.

If this were really true, the agencies wouldn’t use the same letters for different ratings scales, and buy-side institutions wouldn’t have rules about investing only in triple-A securities, and Basel II wouldn’t have rules allowing banks to zero-risk-weight their triple-A assets.

Carney seems to think that if you see a difference in yields between different fixed-income asset classes, that must mean the market perceives a difference in credit risk. But that’s not true at all. In fact, outside the world of relatively liquid corporate bonds, credit risk is very rarely something accurately priced into fixed-income instruments.

I’m not just talking about liquidity, either, although that is crucial: a liquid Treasury bond trades at a lower yield than an illiquid structured product partly becaues it’s so easy to get in and out of that Treasury bond whenever you like, without affecting the price. I’m also talking about credit analysis.

Why are there so many triple-A-rated securities out there? From CDOs to SIVs, from wrapped munis to securitized credit-card receivables – whenever the fixed-income markets come up with some bright new idea, it nearly always carries a triple-A credit rating. And there’s a good reason for that: most buy-side fixed-income investors don’t want credit risk. They have a tough enough time as it is worrying about the future of the yield curve; their risk-averse investors are certainly not the kind of people who are going to be at all happy in the event of a default. If they’re long-term buy-and-hold investors, they’ll accept higher yields on more illiquid instruments. But the main reason why triple-A debt is so popular is very simple: there is a huge number of investors out there who have neither the ability nor the inclination to do detailed credit analysis on every bond they buy.

How much would it cost to hire someone to look in forensic detail at the bonds issued by some power plant in Wisconsin, and get that person to work out just how risky they were? If you’re only buying a couple of million dollars’ worth of the bonds in the first place, it simply can’t be worth it: you’re much better off outsourcing that analysis to the monolines. Let them take the credit risk, it’s much easier, and it’s much cheaper, and the cost of the labor is embedded in the bond price and spread out over all of the buyers, rather than having to come out of fund-management fees.

Of course, the people who relied on the monolines to take the credit risk also relied on the ratings agencies to give the monolines the crucial triple-A seal of approval. In hindsight, that wasn’t so clever.

But never mind all that, just count heads. Ask yourself how many different stocks there are traded in the United States, and how many people there are – equity analysts, managers at hedge funds and mutual funds, newsletter writers, internet pundits, stay-at-home professional investors, amateur punters, etc etc – who are all competing with each other to value those equities. And then look at price volatility in the stock market.

Now, turn to bonds. The number of different fixed-income issues is vastly greater than the number of stocks, especially when you add in all the different tranches, and levels of seniority, and municipal issuers, and structured products, and so on and so forth. Yet the number of people actually doing credit analysis on all those issues is a tiny fraction of the number of people doing equity analysis. If all bonds needed to be acutely analyzed by the market on an ongoing basis, the demand for credit analysis would vastly oustrip its supply.

That’s where the ratings agencies come in: they’re where the buy side outsources its credit analysis. And that’s also the reason for the whole industry of AAAification, where the sell side attempts to render the whole business of credit analysis moot. It’s not very pretty, but it gets the job done. Until, that is, the system breaks.

Posted in bonds and loans | Comments Off on Why Yield Spreads Aren’t the Same as Credit Risk

Extra Credit, Tuesday Edition

Fun with I-Banker Compensation

Morgan Stanley Balks at New CICC Bids: They fell to $600 million from over $1 billion.

Greenspan’s Oil Call: And all the other times he’s been wrong.

Vegetable Capital Ripens: Equity Private on hedge-funders in Hollywood. "You can now pick up many of the interests in these funds for $0.70 on the dollar. That is, if you like paying $0.70 for a quarter."

Free! Why $0.00 Is the Future of Business

I Gave 200% on This Blog Post: "In 2006 Peterborough chairman Barry Fry, noting that his soccer club was giving its manager “150% commitment,” said, “whatever he wants I’ll back him one million percent.” Five months later, a new chairman ousted the manager."

My Favorite Liar

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Tilda Swinton: Upset of the Night

How did InTrade do at the Oscars? Pretty well, it turns out. All the favorites – anybody trading above say 65 – won in their category. Immediately before the announcements were made, No Country For Old Men was trading in the low 70s for Best Picture, and the high 70s for Best Director. Javier Bardem and Daniel Day-Lewis were trading in the low 90s for Best Supporting Actor and Best Actor respectively.

When I chided my Hollywood insider friend (he was thanked by name from the stage!) for saying that Julie Christie was "a lock" for Best Actress, he replied that the Best Actress award was the "biggest upset of the night". But that’s not really true: Marion Cotillard was trading low 30s immediately before the announcements, while Tilda Swinton was actually a much longer shot for Best Supporting Actress, trading in the low teens.

Cotillard was not an upset so much as a comfortable second-favorite (Christie was trading in the mid 50s), while in the Best Supporting Actress category the InTraders seemed to be convinced it would either be Cate Blanchett (mid 40s) or Amy Ryan (around 30). And even Ruby Dee was trading at higher levels than Swinton.

So the Upset of the Night award, I think, has to go to the fabulous Tilda Swinton. In her honor, it’s worth quoting some of her acceptance speech:

George Clooney, you know, the seriousness and the dedication to your art, seeing you climb into that rubber bat suit from "Batman & Robin," the one with the nipples, every morning under your costume, on the set, off the set, hanging upside-down at lunch, you rock, man.

If we’d known she had that speech lined up, I’m sure she would have been trading much higher.

Update: James Surowiecki notes in the comments that the play-money Hollywood Stock Exchange beat out InTrade in this instance. Conventional wisdom holds that prediction markets work much better when real money is at stake; that certainly wasn’t the case here.

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Monolines: S&P to the Rescue

Now that S&P has affirmed the triple-A ratings on both MBIA and Ambac, Bill Ackman et al are going to have to start playing the long game. With their triple-As seemingly firmly in hand for the time being, any implosion is going to be a long and drawn-out affair rather than something near-term and spectacular. Jon Ogg is unimpressed:

What is obvious as a nose wart is that by now everyone in the world realizes that the ratings agencies are artificially keeping the rating elevated.

I think that’s true, but then again it was always a very risky game, placing large financial bets on the ratings agencies being paragons of objectivity. If MBIA and Ambac fail, it will be despite the ratings agencies, not because of them.

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Is JP Morgan Conflicted in the Visa IPO?

Floyd Norris is worried about conflicts of interest in the Visa IPO:

The lead underwriters for the offering are JP Morgan Chase and Goldman Sachs. JP Morgan may have set the modern record for conflicts of interest by a lead underwriter. It is:

1. The largest shareholder in Visa.

2. The company’s largest customer, getting breaks of pricing not available to most other customers.

3. A member of the bank syndicate that agreed to lend $3 billion to Visa.

4. Slated to get $1.1 billion from the offering, through redeeming shares.

I don’t quite see the conflict here. As a large shareholder and recipient of the proceeds from the IPO, JP Morgan has an interest in the IPO pricing as highly as possible – in that sense its interests are entirely aligned with its interests as lead manager of the offering. As a lender to Visa, JPM is also interested in the company raising a few billion dollars to offset any legal liabilities. And as for being the company’s largest customer, that’s not something which changes according to where the stock is trading.

Still, it’ll be interesting to see how Visa divvies up the billion-odd dollars in fees that it’s going to pay its bankers for doing the IPO. And I suspect that Visa’s management won’t be agitating too hard to bring those fees down dramatically.

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Charitable Donations: The Next Backdating Scandal?

Are CEOs backdating charitable stock donations? They might well be, according to Zubin Jelveh, who has been talking to NYU professor David Yermack:

Yermack estimates that while most of the 90 chief executives and chairmen in his sample are playing by the rules, about 20 percent may be trying to game the system.

CEOs would benefit if they donated their stock at an artificially high price, because the higher the stock price the more of a tax write-off they get. As a result, there’s an incentive for them either to use inside information to sell before the stock tanks, or else to backdate their donations to when the stock was at its peak. I’d love to look at the stock-by-stock data, and see which donations were coincidentally made right when the stock price hit its all-time high.

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The New Market for $700,000 Houses

Now that Fannie and Freddie can buy jumbo mortgages up to $729,750, there’s new demand for houses up to that range. Dean Baker thinks the demand isn’t likely to be enormous, however:

The law as it is written is time-limited. If the ability of these institutions really would in principle have a large effect on the price, then home buyers should be reluctant to pay much more for a home if they believe that the higher caps are temporary. These buyers would realize that they would be selling their home in an environment in which it will be above the caps in place at the time, and therefore would command a lower price. In that case, potential home buyers would adjust their offers accordingly.

My view is that the fact the new cap is temporary will actually have less of an effect on home prices than Dean thinks. If home purchases were speculative, then his logic would be impeccable. But they’re not. People aren’t buying houses because they think they can sell them for more money down the pike; they’re buying houses because they can afford them.

The market in houses is really very simple: sellers sell for the highest dollar price they can get; buyers, on the other hand, look much more at monthly costs than they do at total dollar price. Might they step a little more warily if they think prices are going to go down in future? Maybe – but that’s a second-order effect.

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Visa IPO to Help Recapitalize US Banks

The Visa IPO, which could raise as much as $18.8 billion, is going to dwarf what until now was the largest IPO in US stock market history, AT&T Wireless’s $10.6 billion offering at the height of the dot-com boom in 2000. It will also help a great deal in terms of raising capital to shore up the balance sheets of Visa’s bank shareholders. But it won’t be the biggest IPO of all time: that honor still belongs to ICBC’s $19 billion offering at the end of 2006.

Of course, if a bank-owned company goes public, this is inevitable:

Fifteen banks are arranging Visa’s share sale, including JPMorgan Chase & Co., Goldman Sachs Group Inc., Bank of America Corp. and Citigroup Inc.

Sounds like a recipe for confusion to me, although I’m sure they’ll work it out somehow.

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Krugman in Tokyo

French bank CLSA is putting on "a five-day gala gabfest" in Tokyo this week, according to Gwen Robinson. Along with expensive musical entertainment there’s more highbrow stuff as well:

Among the 30-plus speakers being wheeled out for the assembled multitudes are Sir Bob Geldof; Paul Krugman – New York Times columnist and Princeton professor; Nassim Nicholas Taleb – author of the best-selling “The Black Swan” and professor at London Business School; Ian Ayres – author of “Super Crunches” and Yale professor…

Paul Krugman? That surprises me. Here’s what he wrote shortly after becoming a NYT columnist:

I do very little paid speaking now, and no consulting, because the New York Times has quite strict rules: basically I can only get paid for speaking to nonprofits that have no possible interest in influencing the content of the column. It’s a good rule – read Eric Alterman’s book "Sound and Fury" to see how speaking fees can corrupt pundits – though it meant that I took a substantial income cut to work for the Times.

Probably Krugman is enjoying the gabfest on the NYT’s dime (or Princeton’s), and not being paid by CLSA. But I did have the impression he’d given up these kind of things entirely.

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Adventures in Swapland

The Economist reports on something known as a "CMS spread ladder swap," which apparently was reasonably popular among German municipalities before it blew up. They were paying a relatively high fixed interest rate on their debt, and Deutsche Bank helpfully stepped in to swap that into a lower floating interest rate. Except in this case the rate was so much lower, it seems, that it fell through zero and the municipalities actually wound up receiving interest payments on their own debt:

Local governments felt they were paying too much in fixed interest payments as euro interest rates were falling. Deutsche offered to swap the fixed rates for floating, and based the level of these on the difference between two interest rates–most commonly the two-year and ten-year swap rate.

So far so simple, but the actual floating rate was set by a mind-bogglingly complex formula: the interest-rate spread was subtracted from an arbitrary figure, doubled or trebled, and added cumulatively to the rate paid in the previous period. If the gamble went well, municipalities could theoretically make a return of 10% or so on the nominal amount.

I’m all in favor of financial innovation, but this is crazy. If I’m a debtor, I expect to have to make interest payments on the money that I owe. If a salesman from Deutsche Bank comes up to me and offers me a deal where I can make a 10% profit on my debts, I’m going to smell all manner of rats.

Now I might be wrong about this, the article is a little bit unclear. Yes, it does say that "governments felt they were paying too much" on their debts, but it also talks about one such government, the city of Hagen, losing €57m "on a nominal investment of €170m".

Even if these swaps were credit instruments, however, where the municipalities received a floating interest rate on their cash, there’s no way a local government should ever enter into a swap where that floating interest rate turns negative. That seems to be what happened here: "clients by the end of a five or seven-year deal could be paying as much as 25% to the banks," says the magazine.

At this point it’s worth remembering the words of Andrew Clavell, on the situation which obtains any time an investment banker is selling a product to a client:

You don’t know. Really, you don’t. Hang on, I hear you shouting that you’re actually smarter than that, so you do know. Read carefully: Listen. Buster. You. Don’t. Know.

(Also via Alea, who is rapidly becoming for deriviatives what Calculated Risk is for housing.)

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Is Mark-to-Market a Doomsday Machine?

John Dizard has a very good column in the FT today, comparing the rules about marking to market in the banking industry to the Doomsday machine in Dr Strangelove. He also has some ideas about how the vicious cycle can be broken:

The capital bases of the major banks and dealers are being reduced by losses on the mark-to-market value of securities faster than they can raise new money. That means that because nobody wants to buy a lot of the structured credit products, credit made available by the entire system could contract. That would lead to more losses, and a further contraction of credit.

We call that a depression…

I have made enquiries in the relevant official circles about the current state of thinking on the enforcement of mark-to-market rules… For structured credits, such as CDOs, where valuations are being done on the basis of illiquid and arguably oversold indices, the accountants would be encouraged to find ways to value the securities that don’t result in a cycle of mark-to-illiquid-market followed by liquidation, followed by more marks, and so on.

Also, it has been suggested by some dealers, whose capital bases are getting too stretched to adequately maintain market liquidity, that they be given access to the Federal Reserve’s discount window and the generous Term Auction Facility. That would provide enough extra liquidity to keep more securities from being dumped into the capital-eating illiquid valuation “buckets”. This idea is likely to be taken seriously by the authorities.

I think the idea of allowing investment banks to access the TAF is a reasonable one: it helps to achieve exactly what the TAF was designed to achieve in the first place.

But what Dizard doesn’t mention is that a lot of the looming problem comes not from marking to market, but rather from rules which have meant banks not having to mark to market. I’m talking about all those securities on banks’ balance sheets which are rated triple-A thanks to a now-worthless monoline wrap. Since triple-A securities have a zero risk weighting for capital adequacy purposes, banks have to put aside zero capital against them. The minute the monolines get downgraded, the banks suddenly have to mark these highly illiquid bonds to market. The banks then take two simultaneous capital hits: the first because the bonds aren’t zero risk-weighted any more and therefore need capital to be held against them, and the second because of the write-downs on the mark-to-market losses.

Is marking banks’ assets to market really a Doomsday machine? Remember that in the film the Russians built their machine not just because it was effective, but also because it was cheap. "Our people grumbled for more nylons and washing machines," says the Russian ambassador to the US. "Our doomsday scheme cost us just a small fraction of what we had been spending on defense in a single year." Marking to market is a bit like that: effective and cheap, but also prone to a disastrous blow-up.

There is an alternative: call it the old-fashioned French approach, now adopted by the Chinese. Allow banks to keep assets on their books at par unless or until they’re paid off or they are sold at a loss. All manner of losses can be hidden that way for decades if necessary. It’s not a system I’d ever want to move to, but it does have one or two advantages.

(Via Alea)

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