Trader: “Let’s Truly Hope This Isn’t As Good As It Gets”

Trader: “Let’s Truly Hope This Isn’t As Good As It Gets”

Authored by Richard Breslow via Bloomberg,

Today shouldn’t count.

We are coming off a long weekend, but with little joy to show for the extra rest and holiday.

With a lot of the world taking an extra day off there hasn’t been much interest in trading. Or anything else, apparently.

It’s raining in New York City. Which, with all of us locked inside, shouldn’t matter – but it’s added to the list nonetheless.

Markets are sagging and there seems to be a surfeit of people who are feeling crabby.

Tomorrow can be the do-over. At least we had better hope so. We talk a good game about this experience being akin to a marathon, but do need to see some mile-posts pass by.

The Fed went over the top last Thursday. They bet a lot on waving their magic wand to save capitalism as we are going to get to know it. Which was impressive, but also risky. They need everyone to accept that they have unlimited firepower. And maybe they do, in buying securities they wouldn’t have touched even 12 years ago. But that isn’t the imperative people are focusing on.

OPEC+ came to what we agreed to call a historic deal. And Brent is trading at remarkably familiar prices in the low $30 range. The EU wants us to believe that they are coming closer together than ever before. Good luck with that. And it’s off, by video conference, to the G-7, G-10, IMF/World Bank meetings this week when all of your problems will be discussed.

Everyone is looking at graphs and praying they will continue to show we’ve peaked. But have no answer to the question of when we can get out again. We seem to have spent a lot of bullets but without the satisfaction of it making anyone feel particularly chuffed. Unless you bought into the market at the beginning of last week. We need one of those turn around Tuesdays commentators love to cite. And not just for capital markets. We’ll call this “Blah Monday.”

It’s entirely possible that today will not be representative of the rest of the week. Equity futures are down, but the cash markets looked pretty good when we closed up and stayed home last week. Give them a chance to show what they are made of when they get going. Futures trading this thinly don’t mean a whole lot.

The S&P 500 back above 2,800 could force a lot of potential buyers to get involved. It’s such a nice pivot level, no matter your inclination. Nothing like a good technical level that’s close.

The dollar has become the currency everyone wants to hate all of a sudden. If you believe that, you have to make the leap of faith that a lot of the world’s economic troubles are being solved. Maybe that’s indeed so. And the central banks can declare mission accomplished. In any case, the resistance zone remains 99.80/100 for the Dollar Index. It’s a good pivot area.

Take everything you see today with a grain of salt. Tomorrow will not only be another day, it will be the real Monday.


Tyler Durden

Mon, 04/13/2020 – 10:10

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Trump Scrambles To Jawbone Oil Price Higher, Says OPEC+ Looking At Cutting 20MM Barrels, Not 10MM

Trump Scrambles To Jawbone Oil Price Higher, Says OPEC+ Looking At Cutting 20MM Barrels, Not 10MM

Shortly after Mexico won a historic “Mexican standoff” with Saudi Arabia on Sunday afternoon, and was exempt from a historic 9.7mmb/d oil production cut by OPEC+ member states (which Mexico had held up for the previous 4 days after refusing to agree to the across the board 23% cut), we said that “OPEC Reaches “Historic” Deal To Cut Oil Production As Mexico Wins “Mexican Standoff” With Saudis… But It’s Not Enough.”

A few hours later, Goldman echoed what we said in a note titled “A historic yet insufficient cut“, writing that “taking into account updated core-OPEC production guidance from April, this 9.7 mb/d “headline” deal represents a 12.4 mb/d cut from claimed  April OPEC+ production (given the Saudi, UAE, Kuwait ongoing surge) but an only 7.2 mb/d cut from 1Q20 average production levels.” Doing the math, the Goldman analyst calculated that “the OPEC+ voluntary cut would only lead to an actual 4.3 mb/d reduction in production from 1Q20 levels” adding that “based on our updated oil balances, such OPEC+ voluntary cuts would still require an additional 4.1 mb/d cut in May  production at the binding storage capacity constraint” which means that “at the 35% compliance level outside of core-OPEC, the necessary production cuts need would need to be 0.5 mb/d larger.”

In short, and as we have been repeating all along, the 10 9.7mmb/d production cut is nowhere near enough to offset the plunge in demand which based on various estimates is anywhere between 20 and 36mmb/d.

It’s also why after knee-jerking higher, oil – which had priced in a 10mmb/d production cut as far back as the middle of last week – has been drifting lower…

… in the process infuriating the US president who had hoped the OPEC+ deal would send oil sharply higher. Alas, even algos can do math now, and everyone by now understands that a 9.7mmb/d supply cut is nowhere near enough to offset 36mmb/d in less demand.

The result: after watching Brent drift lower, Trump finally snapped this morning and in hopes of doing OPEC’s job for them, the US president tired his best to jawbone oil higher by saying that “the number that OPEC+ is looking to cut is 20 Million Barrels a day, not the 10 Million that is generally being reported.”

Trump has a point… the only problem is that 20 million b/d number also includes several million in US production cuts, which Trump refuses to order! In fact Trump believes that between covering Mexico’s 300kb/d shortfall (which will be met with organic production declines not an actual supply stop as of May 1), the US does not need to cut further.

So if Trump really wants to send the price of oil higher – and he does to avoid mass layoffs in the re-election critical state of Texas even if it means much higher gas prices at the pump – it is up to Trump to somehow find 2-3 or more million barrels in US production cuts. Without those, Brent will keep drifting lower because while the US president may not do supply/demand math, everyone else in the energy sector now does.


Tyler Durden

Mon, 04/13/2020 – 10:01

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Religious Freedom Clashes With Public Health Enforcers

Attempts to forbid religious gatherings haven’t gone so well in some states, where authorities have been taking restrictions on in-person church services too far and congregants have been practicing civil disobedience in response.

Take Greenville, Mississippi. Police there issued $500 fines to people attending church within their own cars because the drive-in service was after the town’s curfew.

“During Thursday night service at King James Bible Baptist Church, while parishioners sat in their vehicles listening to Pastor Charles Hamilton, Greenville Police surrounded the church parking lot,” reports WREG. Police also issued citations at Temple Baptist Church.

“The police started coming up and we said, ‘We think we’re within our rights.’ So they started issuing tickets, five hundred dollars tickets,” Lee Gordon, who attended the Temple Baptist car mass, told WREG. “I don’t know, it may have been 20 to 30 tickets. Everybody got one. It wasn’t per car. Me and my wife was in a car together and both of us got tickets.”

In Kentucky, Gov. Andy Beshear announced last week that anyone attending Easter services in-person on Sunday would have to self-quarantine for 14 days thereafter, and that to ensure compliance police would be taking down churchgoers’ license plate numbers. (Areas of Kentucky have also been leading the way on requiring people who violate self-quarantine orders to wear GPS ankle monitors to prove they’re at home.)

Indiscriminate policies like these church crackdowns fail to take into account the safety mechanisms parishioners may be taking to protect each other from the outbreak. These unnecessarily invasive efforts also turn police into spies on religious members of their community.

“A federal judge on Saturday issued a temporary restraining order, ruling that a Louisville, Kentucky, church can hold a drive-in church Easter service—a ruling that overturned an effort by the city’s mayor to stop the service,” notes CNN. “The order doesn’t involve in-person church services, which are already prohibited by the governor’s executive order banning large gatherings.”

A spokesperson for U.S. Attorney General Bill Barr tweeted Saturday that Barr “is monitoring govt regulation of religious services” and we can “expect action” from the Department of Justice next week. “While social distancing policies are appropriate during this emergency, they must be applied evenhandedly & not single out religious orgs,” said Kerri Kupec.

This lines up with what CNN reports from an unnamed person at the Justice Department:

A Justice official said Barr is examining multiple instances around the country, not just the case of Louisville’s, where it appears religious institutions may have been singled out in Covid-19-related public gathering restrictions.

Government can legally limit assemblies, including religious gatherings, to protect health and safety, the official said. But the government may not impose special restrictions on religious activity that do not apply to similar nonreligious activity.

If a municipality imposes fewer or no restrictions on movie theaters, restaurants, concert halls and other comparable places of assembly, it may not order houses of worship to close or limit their congregation size, according to the official.


FREE MINDS

The encrypted messaging service Signal says it will leave the U.S. if the EARN IT Act passes. The bill, sponsored by Sens. Lindsey Graham (R–S.C.) and Richard Blumenthal (D–Conn.), takes aim at the free-speech-protecting Section 230 of the Communications Decency Act, and at possibly encrypted communication writ large, under the guise of (what else?) protecting children. “But the law would really create leverage for the government to ask that tech companies undermine their encryption schemes to enable law enforcement access,” notes Wired‘s Lily Hay Newman, who brings us this news about Signal:

Signal developer Joshua Lund said in a blog post on Wednesday that Signal is not cool with that! More specifically, he noted that Signal would face insurmountable financial burdens as a result of the law and would therefore be forced to leave the US market rather than undermine its encryption to stay. Given that Signal is recommended and used across the Department of Defense, Congress, and other parts of the US government, this would be a seemingly problematic outcome for everyone.

Read Lund’s blog post here.


FREE MARKETS

Michigan dictates what stores allowed to stay open can sell. “The new regulations required Home Depot to close its paint section, flooring section and outdoor gardening center by Friday morning,” reports Bridge.

[Gov. Gretchen] Whitmer’s order also requires large retailers to close carpet or flooring, furniture, garden and plant nursery sections, either by blocking them, placing signs in aisles, posting prominent signs or removing goods from shelves. Bottle return sections at grocery stores must also remain closed. Starting Monday, large retailers cannot advertise products that are not groceries, medical supplies or items necessary to maintain the safety, sanitation and basic operation of residences.

On Twitter, Rep. Justin Amash (I–Mich.) said Whitmer’s order “goes too far and will erode confidence in her leadership.

“Most Michigan residents recognize the challenging circumstances and are willing to make considerable sacrifices to keep themselves and others safe,” wrote Amash. “But several recent measures provide marginal benefits at best, while substantially heightening frustration and resentment.” His thread continues here.


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Religious Freedom Clashes With Public Health Enforcers

Attempts to forbid religious gatherings haven’t gone so well in some states, where authorities have been taking restrictions on in-person church services too far and congregants have been practicing civil disobedience in response.

Take Greenville, Mississippi. Police there issued $500 fines to people attending church within their own cars because the drive-in service was after the town’s curfew.

“During Thursday night service at King James Bible Baptist Church, while parishioners sat in their vehicles listening to Pastor Charles Hamilton, Greenville Police surrounded the church parking lot,” reports WREG. Police also issued citations at Temple Baptist Church.

“The police started coming up and we said, ‘We think we’re within our rights.’ So they started issuing tickets, five hundred dollars tickets,” Lee Gordon, who attended the Temple Baptist car mass, told WREG. “I don’t know, it may have been 20 to 30 tickets. Everybody got one. It wasn’t per car. Me and my wife was in a car together and both of us got tickets.”

In Kentucky, Gov. Andy Beshear announced last week that anyone attending Easter services in-person on Sunday would have to self-quarantine for 14 days thereafter, and that to ensure compliance police would be taking down churchgoers’ license plate numbers. (Areas of Kentucky have also been leading the way on requiring people who violate self-quarantine orders to wear GPS ankle monitors to prove they’re at home.)

Indiscriminate policies like these church crackdowns fail to take into account the safety mechanisms parishioners may be taking to protect each other from the outbreak. These unnecessarily invasive efforts also turn police into spies on religious members of their community.

“A federal judge on Saturday issued a temporary restraining order, ruling that a Louisville, Kentucky, church can hold a drive-in church Easter service—a ruling that overturned an effort by the city’s mayor to stop the service,” notes CNN. “The order doesn’t involve in-person church services, which are already prohibited by the governor’s executive order banning large gatherings.”

A spokesperson for U.S. Attorney General Bill Barr tweeted Saturday that Barr “is monitoring govt regulation of religious services” and we can “expect action” from the Department of Justice next week. “While social distancing policies are appropriate during this emergency, they must be applied evenhandedly & not single out religious orgs,” said Kerri Kupec.

This lines up with what CNN reports from an unnamed person at the Justice Department:

A Justice official said Barr is examining multiple instances around the country, not just the case of Louisville’s, where it appears religious institutions may have been singled out in Covid-19-related public gathering restrictions.

Government can legally limit assemblies, including religious gatherings, to protect health and safety, the official said. But the government may not impose special restrictions on religious activity that do not apply to similar nonreligious activity.

If a municipality imposes fewer or no restrictions on movie theaters, restaurants, concert halls and other comparable places of assembly, it may not order houses of worship to close or limit their congregation size, according to the official.


FREE MINDS

The encrypted messaging service Signal says it will leave the U.S. if the EARN IT Act passes. The bill, sponsored by Sens. Lindsey Graham (R–S.C.) and Richard Blumenthal (D–Conn.), takes aim at the free-speech-protecting Section 230 of the Communications Decency Act, and at possibly encrypted communication writ large, under the guise of (what else?) protecting children. “But the law would really create leverage for the government to ask that tech companies undermine their encryption schemes to enable law enforcement access,” notes Wired‘s Lily Hay Newman, who brings us this news about Signal:

Signal developer Joshua Lund said in a blog post on Wednesday that Signal is not cool with that! More specifically, he noted that Signal would face insurmountable financial burdens as a result of the law and would therefore be forced to leave the US market rather than undermine its encryption to stay. Given that Signal is recommended and used across the Department of Defense, Congress, and other parts of the US government, this would be a seemingly problematic outcome for everyone.

Read Lund’s blog post here.


FREE MARKETS

Michigan dictates what stores allowed to stay open can sell. “The new regulations required Home Depot to close its paint section, flooring section and outdoor gardening center by Friday morning,” reports Bridge.

[Gov. Gretchen] Whitmer’s order also requires large retailers to close carpet or flooring, furniture, garden and plant nursery sections, either by blocking them, placing signs in aisles, posting prominent signs or removing goods from shelves. Bottle return sections at grocery stores must also remain closed. Starting Monday, large retailers cannot advertise products that are not groceries, medical supplies or items necessary to maintain the safety, sanitation and basic operation of residences.

On Twitter, Rep. Justin Amash (I–Mich.) said Whitmer’s order “goes too far and will erode confidence in her leadership.

“Most Michigan residents recognize the challenging circumstances and are willing to make considerable sacrifices to keep themselves and others safe,” wrote Amash. “But several recent measures provide marginal benefits at best, while substantially heightening frustration and resentment.” His thread continues here.


QUICK HITS

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Should Congress Preempt Coronavirus Liability for Businesses That Reopen?

My colleague Prof. Jim Salzman (UCLA Law / UCSB Bren School of Environmental Science & Management) passed along this proposal:

Assuming the curve steadily flattens, I suspect one of the reasons businesses such as universities still may be hesitant to start up in the Fall is potential liability should students living in dorms or attending classes catch the virus and have bad outcomes.

What do folks think of a federal law that would prevent common law actions based on these types of claims? The basic idea would be that we, as a society, have decided to accept this added level of risk for certain business activities without the possibility of recompense through the tort system. If students decide to attend classes or live in dorms, for example, they will do so with a greater assumption of risk than normal.

I like this proposal.  There’s an important risk-benefit analysis to be conducted when it comes to reopening institutions (as there was when it came to closing them). It’s a complicated analysis that requires considering a vast range of direct and indirect costs and benefits.

I’m not sure that either the President or Governors or Congress will do a great job with this analysis. But it seems to me clear that they’ll do a much better job—both in reaching the right result and creating predictability—than would juries throughout the country deciding on a case-by-case basis whether some company’s decision to reopen was “reasonable.”

I also think this would be a sound use of Congress’s Commerce Clause powers. Tort liability for enterprises accused of injuring people as a result of their moneymaking activity is a form of governmental regulation of commerce. That’s so whether it happens through the common law or through statute. And it’s so even though the lawsuits may be brought by private parties—they are still authorized by the government, and they rely on government power for their enforcement. It may be justifiable regulation or it might not be justifiable, but it is commercial regulation.

Congress may therefore constitutionally preempt such state-law burdens on commerce, just as it may preempt state statutes that burden commerce. That’s particularly clear for organizations that are involved in interstate commerce, as most large businesses and nonprofits are. And under modern law, Congress may reach intrastate commerce when “the activity substantially affect[s] interstate commerce”; that would likely be satisfied even for small businesses, such as bars and restaurants.

But if you have a narrow view of Congress’s Commerce Clause power, then at least it would be justified to preempt liability as to large enterprises (whether businesses or universities) that draw huge interstate clienteles or have huge networks of interstate suppliers. And my guess is that any such preemption would quickly lead states to similarly limit liability as to smaller enterprises: Few states would want to leave small local businesses liable while their large national competitors are immune.

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Amazon Pauses Grocery Orders Amid “Unprecedented Demand”

Amazon Pauses Grocery Orders Amid “Unprecedented Demand”

Amazon has paused new grocery orders and decreased store hours at Whole Foods as it struggles to handle the “unprecedented demand” from Americans stuck in quarantine, a blog post from the company read

Shoppers over the weekend noticed that they had difficulty ordering groceries online due to the lack of available delivery slots. Starting Monday, new orders will be placed on a waiting list while the company works to build capacity.

“We’re increasing capacity each week and will invite new customers to shop every week,” Stephenie Landry, vice president of Grocery at Amazon, wrote in a blog post on Sunday.

“We still expect the combination of restricted capacity due to social distancing and customer demand will continue to make finding available delivery windows challenging for customers,” Landry wrote. 

Currently, Amazon operates 487 Whole Foods stores in the US. It says it will ‘adjust store hours’ for the public so its employees can fulfill online grocery orders.

Amazon has had to increase online grocery order capacity by 60% to handle the influx of demand as the pandemic has left tens of millions of Americans confined to their homes, unable to eat at restaurants or shop at malls. The world’s largest online retailer said in March that it would hire an additional 100,000 people to satisfy demand.

As the online retailer boosts capacity and preps for a post-corona world, some employees have gone on strike, demanding the company provide hazard pay and protective health equipment. 

In recent weeks, employees at Amazon fulfillment centers and Whole Foods stores have been given temperature checks. The company has said it is using advanced cleanliness protocols to decrease the spread of the virus.

As for Amazon customers who are now placed on delivery waitlists, there was no timeline in the company update on when grocery orders would be sent. Such a move could leave many people hangry.

With the lack of 3M N95 masks and people placed on Amazon waitlists for grocery orders, this could force many into supermarkets, causing the virus to spread even more.  

We noted over the weekend that a single cough from a COVID-19 carrier could disperse across several aisles, as shown in the simulation below:

Will food delivery delays force people into supermarkets or place orders on other online platforms? 


Tyler Durden

Mon, 04/13/2020 – 09:35

via ZeroHedge News https://ift.tt/2V44JV5 Tyler Durden

Fauci Admits US Was “Given Incorrect Information From The Start”

Fauci Admits US Was “Given Incorrect Information From The Start”

Authored by Alex Nitzberg via JustTheNews.com,

The U.S. was given inaccurate information about the coronavirus at the beginning of the crisis Director of the National Institute of Allergy and Infectious Diseases Dr. Anthony Fauci said on Saturday.

When Fox News host Jesse Watters asked Fauci if he believes China or the World Health Organization “misled” him or if the WHO leader himself could have been “deceived,” Fauci noted that while he does not know the details behind the inaccurate information, it was disseminated from the start of the crisis.

“You know I don’t know where the missteps went, the only thing I know what the end result was, that early on we did not get correct information,” Fauci said.

“And the incorrect information was propagated right from the beginning because you know when the first cases came out, that were identified I think on December 31st in China and we became aware of this, they said this was just animal to human period.”

“Now we know retrospectively that there was ongoing transmission from human to human in China, probably at least a few weeks before then,” he said.

Fauci said once the illness hit the U.S. it became evident “that was misinformation right from the beginning.”

He added that “whosever fault that was, you know, we’re gonna go back and take a look at that when this is all over, but clearly it was not the right information that was given to us.”


Tyler Durden

Mon, 04/13/2020 – 09:15

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Goldman Calls The Bottom, No Longer Sees S&P Dropping To 2,000 On “Unprecedented Policy Support”

Goldman Calls The Bottom, No Longer Sees S&P Dropping To 2,000 On “Unprecedented Policy Support”

One week ago, around the time Jeffrey Gundlach said he was covering his shorts and looking for stocks to rebound, Wall Street’s formerly biggest bear, Morgan Stanley equity strategist Michael Wilson, flipped a U-turn and surprised many of his peers – especially JPMorgan which had turned uncharacteristically bearish and on March 31 was saying it’s too early to buy stocks – by becoming one of the market’s biggest bulls, saying that he is a “buyer of dips” since “2400-2600 on the S&P 500 will prove to be very good entry points for those with a time horizon of 6-12 months.” The catalyst behind his shift in sentiment?  An expectation that the unprecedented stimulus will trigger sharply higher inflation and a lower dollar.

This triggered a domino effect of downstream bullish calls, with Howard Marks saying it’s time to stop playing defense, just days after saying the worst is still to come for asset prices, and this morning Goldman Sachs, which spent last weekend explaining how the coming 50% collapse in stock buybacks will wreak havoc on the S&P500 where the single biggest buyer of stocks will be MIA for the foreseeable future, and which three weeks ago said it could see the S&P dropping as low as 2,000 as it cut its EPS target by 33%…

… also threw in the towel on its cautious position and decided to follow both Morgan Stanley’s Wilson, and the momentum of the broader market, and in a note published this morning, Goldman’s David Kostin writes that the combination of  unprecedented policy support and a flattening viral curve have dramatically reduced downside risk for the US economy and financial markets and lifted the S&P 500 out of bear market territory.

Specifically, “the Fed and Congress have precluded the prospect of a complete economic collapse. Reduced “left tail” risk translated into a higher P/E multiple.” This takeover of capital markets means that Goldman’s “previous near-term downside of 2000 is no longer likely” even as its “year-end S&P 500 target remains 3000 (+8%).”

To be sure there is one potential downside case: if the US experiences a second surge in infections after the economy reopens. Until then, however, the “do whatever it takes” stance of policymakers means the equity market is unlikely to make new lows, Kostin writes, while noting that “real improvement in two of the three items on our checklist suggests our previous near-term downside target of 2000 is no longer likely, and increases our confidence that the S&P 500 will reach our year-end target of 3000, which is just 8% above the current level. A return to the March 23rd low of 2237 would represent a 20% fall from today’s index level.”

But what about the epic crash in EPS that Goldman itself was pounding the table on just weeks ago as a catalyst for the S&P dropping to 2,000? Apparently that doesn’t matter any more because – drumroll – the price makes the narrative and the price is now higher:

Despite the likely steady stream of weak earnings reports, 1Q earnings season will not represent a major negative catalyst for equity market performance. While earnings season always conveys backward-looking data, rarely has the information content of quarterly earnings reports been as outdated as the figures US companies will release starting this week. We expect investors will mostly “look through” reported 1Q results, which will capture only the start of shutdowns that began at the end of the quarter. In fact, many investors we have spoken with have discounted 2020 earnings altogether, and are focused instead on the outlook for 2021.

Translation: nobody cares about earnings any more, Goldman certainly doesn’t. And since nobody has any idea what 2020 will bring, everyone is suddenly convinced that things will be so much better in 2021 so… buy!

Does this also mean that Goldman no longer believes that this is just a bear market rally, as it did just two weeks ago? On this topic Kostin is far more elusive, but in general it appears that the bank changed its opinion on this matter as well.

We have previously highlighted the similarity between recent market performance and the “bear market rallies” that were catalyzed by policy stimulus measures in late 2008. The multiple 10%-20% rallies eventually faded and stock prices traded lower until economic data bottomed in March 2009. In this case, however, policy measures and the trough of the economic data appear to be occurring in much closer proximity. The historical relationship between equity bear markets and second-derivative inflections in economic data support the market bottoming before economic data reach their nadir, which will likely occur this month.

In other words, “this time it’s different” only it isn’t, because in the very next paragraph Goldman admits that there is nothing about this rally that is actually different, and it is all a function of unprecedented fiscal and monetary stimulus:

The numerous and increasingly powerful policy actions have spurred equity investors to adopt a risk-on view. The series of important monetary policy measures started on Sunday, March 15th with the Fed cutting the funds rate by 50 bp to 0%-0.25%. On March 17th the Fed unveiled a Commercial Paper Funding Facility (CPFF) that back-stopped short-term borrowing by investment-grade (IG) issuers. The central bank has subsequently provided liquidity further out on the risk spectrum culminating with the April 8th announcement of a $2.3 trillion loan facility to ensure credit availability for small businesses and municipalities that also included high yield (HY) issuers. Fiscal stimulus, most recently in the form of the $2 trillion CARES Act, has also been significant, although implementation remains a work in progress.

In summary…

The combination of unprecedented policy support and a flattening viral curve have dramatically reduced downside risk for the US economy and financial markets and lifted the S&P 500 out of bear market territory. At 2790, the S&P 500 now stands 25% above its March 23rd low of 2237.

Amusingly, not even Goldman can believe the unfounded optimism it is spewing, and writes the following:

“surprisingly, the largest shock to the global economy in 90 years has left equities only 18% below the record highs of mid-February and roughly in line with the market price in June 2019, just 10 months ago.”

And yet here we are, and while this time may be different one thing that has certainly not changed is banks telling you to sell at the lows, and turning bullish after a 25% rally… just as Goldman has now done.


Tyler Durden

Mon, 04/13/2020 – 08:58

via ZeroHedge News https://ift.tt/2K3f1hT Tyler Durden

Should Congress Preempt Coronavirus Liability for Businesses That Reopen?

My colleague Prof. Jim Salzman (UCLA Law / UCSB Bren School of Environmental Science & Management) passed along this proposal:

Assuming the curve steadily flattens, I suspect one of the reasons businesses such as universities still may be hesitant to start up in the Fall is potential liability should students living in dorms or attending classes catch the virus and have bad outcomes.

What do folks think of a federal law that would prevent common law actions based on these types of claims? The basic idea would be that we, as a society, have decided to accept this added level of risk for certain business activities without the possibility of recompense through the tort system. If students decide to attend classes or live in dorms, for example, they will do so with a greater assumption of risk than normal.

I like this proposal.  There’s an important risk-benefit analysis to be conducted when it comes to reopening institutions (as there was when it came to closing them). It’s a complicated analysis that requires considering a vast range of direct and indirect costs and benefits.

I’m not sure that either the President or Governors or Congress will do a great job with this analysis. But it seems to me clear that they’ll do a much better job—both in reaching the right result and creating predictability—than would juries throughout the country deciding on a case-by-case basis whether some company’s decision to reopen was “reasonable.”

I also think this would be a sound use of Congress’s Commerce Clause powers. Tort liability for enterprises accused of injuring people as a result of their moneymaking activity is a form of governmental regulation of commerce. That’s so whether it happens through the common law or through statute. And it’s so even though the lawsuits may be brought by private parties—they are still authorized by the government, and they rely on government power for their enforcement. It may be justifiable regulation or it might not be justifiable, but it is commercial regulation.

Congress may therefore constitutionally preempt such state-law burdens on commerce, just as it may preempt state statutes that burden commerce. That’s particularly clear for organizations that are involved in interstate commerce, as most large businesses and nonprofits are. And under modern law, Congress may reach intrastate commerce when “the activity substantially affect[s] interstate commerce”; that would likely be satisfied even for small businesses, such as bars and restaurants.

But if you have a narrow view of Congress’s Commerce Clause power, then at least it would be justified to preempt liability as to large enterprises (whether businesses or universities) that draw huge interstate clienteles or have huge networks of interstate suppliers. And my guess is that any such preemption would quickly lead states to similarly limit liability as to smaller enterprises: Few states would want to leave small local businesses liable while their large national competitors are immune.

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New CDC Study Shows Coronavirus Can Survive For Hours On Floors, Walls, Shoes

New CDC Study Shows Coronavirus Can Survive For Hours On Floors, Walls, Shoes

A preview of a new study by the US Centers for Disease Control and Prevention – the CDC, for short – released last night offers some distressing news for health-care workers, as well as their families, partners and friends: New research suggests that nurses, doctors and others can track the virus out of the ward and into another – perhaps a more public, or less well-protected – environment, helping to spread the disease in a new way that public health officials haven’t really considered.

The study, entitled “Aerosol and Surface Distribution of Severe Acute Respiratory Syndrome Coronavirus 2 in Hospital Wards, Wuhan, China, 2020”, was conducted in two wards at Wuhan’s Huoshenshan Hospital by large team of Chinese researchers back in February and March. Though the team insisted that “respiratory droplets and close contact” remain the primary vectors for the disease, the possibility for hospital workers to transmit the virus on their shoes and clothes wasn’t really well understood, until now.

And unfortunately, if the data are confirmed, it would suggest that wards where coronavirus patients are treated are literally crawling with the virus, placing these health-care workers at extremely high risk for infection.

According to the research, “94% of swabs taken from the ICU floor and 100% of swabs taken from one of the general wards used to treat patients with severe symptoms tested positive for coronavirus.”

Here’s a summary of the research that describes how the GW and ICU were found to have the highest levels of the virus present on the floors and walls, as well as in the air. The rate of positivity was higher for the ICU than the GW, which makes sense.

Even samples taken from the floor in the nearby hospital pharmacy showed ‘weak positive’ for the virus. Patients are not allowed in the pharmacy, meaning there’s only one way the samples could have gotten there.

From February 19 through March 2, 2020, we collected swab samples from potentially contaminated objects in the ICU and GW as described previously. The ICU housed 15 patients with severe disease and the GW housed 24 patients with milder disease. We also sampled indoor air and the air outlets to detect aerosol exposure. Air samples were collected by using a SASS 2300 Wetted Wall Cyclone Sampler at 300 L/min for of 30 min. We used sterile premoistened swabs to sample the floors, computer mice, trash cans, sickbed handrails, patient masks, personal protective equipment, and air outlets. We tested air and surface samples for the open reading frame (ORF) 1ab and nucleoprotein (N) genes of SARS-CoV-2 by quantitative real-time PCR.

Almost all positive results were concentrated in the contaminated areas (ICU 54/57, 94.7%; GW 9/9, 100%); the rate of positivity was much higher for the ICU (54/124, 43.5%) than for the GW (9/114, 7.9%) (Tables 1, 2). The rate of positivity was relatively high for floor swab samples (ICU 7/10, 70%; GW 2/13, 15.4%), perhaps because of gravity and air flow causing most virus droplets to float to the ground. In addition, as medical staff walk around the ward, the virus can be tracked all over the floor, as indicated by the 100% rate of positivity from the floor in the pharmacy, where there were no patients. Furthermore, half of the samples from the soles of the ICU medical staff shoes tested positive. Therefore, the soles of medical staff shoes might function as carriers. The 3 weak positive results from the floor of dressing room 4 might also arise from these carriers. We highly recommend that persons disinfect shoe soles before walking out of wards containing COVID-19 patients.

The authors suggested that “air flow” and the forces of gravity might be responsible for moving the samples to the floors and the walls.But this certainly doesn’t bode well for anybody arguing that the subway and restaurants will be able to go quickly back to normal, since an asymptomatic diner can leave the virus at their table for the next customer to pick up even if the table sits empty for hours – or even overnight.


Tyler Durden

Mon, 04/13/2020 – 08:41

via ZeroHedge News https://ift.tt/3ejDAFt Tyler Durden