Nevada S. Ct. Rejects Libel Plaintiff’s Attempt to Dismiss a Case While an Anti-SLAPP Motion is Pending

From Willick v. Sanson, decided Thursday by the Nevada Supreme Court.

Petitioners Marshal S. Willick and Willick Law Group (collectively, Willick) filed a complaint against respondents Steve Sanson and Veterans in Politics International, Inc. (collectively, Sanson), alleging that they made defamatory statements against Willick online. In response, Sanson filed a special motion to dismiss the action pursuant to Nevada’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, NRS 41.660 [which provides for attorney fees if the defendant wins, but after a good deal of litigation and while a renewed anti-SLAPP motion was pending, Willick moved to voluntarily dismiss the case] …. The district court [rejected Willick’s attempt] …. Willick … ask[s] us to vacate the district court’s order….

[E]stopping Willick from voluntarily dismissing his case serves NRCP 41(a)(l)(A)(i)‘s essential purpose in this instance…. Willick waited a long time—four years—before filing his notice of voluntary dismissal. Further, he filed this notice only after this court reversed a district court order favorable to his case, and one day after a failed mediation attempt. These events themselves happened after a hearing on the anti-SLAPP motion. By now, the merits of the anti-SLAPP motion’s first prong have been thoroughly raised, determined, appealed, reviewed de novo, and remanded. Now, Willick and Sanson await the district court’s determination on the motion’s second prong.

“Nevada’s anti-SLAPP statutes aim to protect First Amendment rights by providing defendants with a procedural mechanism to dismiss ‘meritless lawsuit[s] that a party initiates primarily to chill a defendant’s exercise of his or her First Amendment free speech rights’ before incurring the costs of litigation.” Here, at this point in the proceedings, Sanson has no doubt incurred litigation costs.

Given these unique and extreme circumstances, we conclude that Willick is estopped from dismissing his action with no consequences, as the litigation has reached an advanced stage after four years and a prior de novo appeal. Therefore, we conclude that the district court did not manifestly abuse its discretion by, or lack jurisdiction when, vacating petitioners’ notice of voluntary dismissal. For these reasons, we deny Willick’s petition for a writ of mandamus and prohibition.

Congratulations to Margaret A. McLetchie on the victory.

The post Nevada S. Ct. Rejects Libel Plaintiff's Attempt to Dismiss a Case While an Anti-SLAPP Motion is Pending appeared first on Reason.com.

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Futures RIse Ahead Of New Round Of Russia Talks, Twitter Soars On Musk Buying

Futures RIse Ahead Of New Round Of Russia Talks, Twitter Soars On Musk Buying

US futures rose along with stocks in Europe and Asia, as corporate news took some of the focus off developments in the Ukraine war, where peace talks are expected to resume on Monday. Nasdaq 100 futures led gains among other gauges, climbing as much as 0.4% with S&P futures up 0.2%, while equities also rose in Europe. Twitter soared as much as 29% in premarket trading after Elon Musk took a 9.2% passive stake in the company. Tesla shares also rose after the automaker posted record first-quarter deliveries despite supply chain and logistical constraints, taking other electric-vehicle stocks higher as well. 

Chinese stocks listed in Hong Kong climbed over 4% after Beijing sought to modify a rule that restricts offshore-listed firms from sharing sensitive financial data with foreign regulators. That may allow the U.S. to gain full access to audits, reducing the risk of Chinese firms losing Wall Street listings. Starbucks Corp. fell after the coffee chain’s chief executive officer suspended its share buyback program on his first day back on the job. Among other notable premarket movers, electric-vehicle stocks in the U.S. gain in premarket trading along Tesla. Rivian (RIVN US) +1.6%, Nikola (NKLA US) +1%.

  • Starbucks (SBUX US) shares fell 1.6% in premarket trading after the coffee chain’s CEO Howard Schultz suspended its share buyback program on his first day back on the job.
  • Chinese stocks listed in the U.S. rallied on Beijing’s plans to modify restrictions on the data that overseas-listed companies are allowed to share with foreign regulators, easing concerns that these companies could be kicked off American exchanges. Alibaba Group (BABA US) +5%, JD.com (JD US) +5.9%, Pinduoduo (PDD US) +8.5%.
  • Mullen Automotive (MULN US) shares climb 2.8% in premarket after it named John Taylor to the role of senior vice-president of Global Manufacturing and Strategic Planning.
  • NIO (NIO US) jumps 6.8% in premarket as it was upgraded to buy from neutral at UBS following drop in shares of about 44% over the past year, and with potential for sales acceleration on new model launches planned for 2022.
  • SPI Energy (SPI US) jumped 32% in extended trading Friday after the renewable energy company projected revenue between $200 million and $220 million for 2022.

“It would not be surprising to see yields rise further from here and it is very hard to know where they will land,” Angela Ashton, founder and director of investment consulting firm Evergreen Consultants, wrote in a note. “Markets are volatile and there is every chance they will overshoot.”

In geopolitical news, negotiators from Russia and Ukraine may resume video talks Monday, though the European Union said it will hold Russian authorities responsible for alleged atrocities committed in northern Ukrainian towns, saying that the bloc will “as a matter of urgency” work on additional sanctions against Moscow.

Developments around Ukraine are weighing “on today’s appetite for riskier assets like stocks and underly the current uncertain and volatile state of those markets,” said Pierre Veyret, a technical analyst at ActivTrades. Meanwhile, Morgan Stanley Chief U.S. Equity Strategist Michael Wilson, one of Wall Street’s most vocal bears, said the recent rebound in equity markets will prove short-lived as the economy is heading for a sharp slowdown.

The Treasury yield curve is flashing more warnings that economic growth will slow as the Fed raises rates to tame inflation stoked in part by commodities. The two-year U.S. yield has exceeded the 30-year for the first time since 2007, joining inversions on other parts of the curve. The Fed minutes later this week will shape views on the odds of a half percentage-point rate increase in May and provide key details on how the central bank will shrink its balance sheet.

New York Fed President John Williams said Saturday a “sequence of steps” can get rates back to more normal levels. Mary Daly, president of the San Francisco Fed, said in an interview published Sunday that rising inflation and a tight labor market strengthen the case for a half-point May hike.

The Stoxx Europe 600 index fluctuated and turned higher after a soggy start. Consumer discretionary, healthcare and autos led the advance, with Delivery Hero SE jumping as much as 14% after saying it expected the entire company to hit a measure of profitability next year for the first time. The healthcare sector outperformed as Roche Holding AG climbed after the U.S. Food and Drug Administration granted a priority review for its Covid-19 drug Roactemra. Here are some of the biggest European movers today:

  • Delivery Hero rises as much as 14%, leading food delivery peers higher, after announcing debt financing of EU1.4 billion, easing concerns over a first batch of convertible bond repayments, also saying it expects to turn a profit on an adjusted Ebitda basis in 2023.
  • Persimmon and other U.K. homebuilder shares rise following a report in trade publication that the government has dropped its demand for companies to contribute to a cladding remediation fund.
  • Bayer shares gain as much as 3.4% following positive results for its thrombosis prevention drug Asundexian. This prompts Barclays to raise the stock to overweight from equal-weight.
  • Logitech rises as much as 4% after it is raised to buy from neutral at Goldman Sachs on an attractive valuation and solid secular trends for the computer-equipment company.
  • Ted Baker jumps as much as 15% after announcing it has received an improved proposal from private equity group Sycamore, and other unsolicited third-party bid interest.
  • Novartis rises after announcing a new corporate structure to save “at least” $1 billion in SG&A expenses by 2024. ZKB says the new structure increases confidence about Novartis’s margins.
  • Allegro shares sink as much as 7.7% after EBay announced plans for a new opening in the Polish market, aiming to be one of the top-3 e- commerce platforms in the country in coming years.
  • Maersk falls as much as 7.2% amid concerns about a decline in freight demand and macro factors, particularly supply chain issues that have been driving up freight rates, analysts say.

Asian stocks initially traded mixed but later rose, supported by a jump in Chinese tech shares as the risk of getting delisted from the U.S. eased, and as Indian lenders surged upon a major financial sector merger.  The MSCI Asia-Pacific Index rose as much as 1%, boosted by internet giants Tencent and Alibaba. The Hang Seng Tech Index gained the most in over two weeks after China sought to scrap a key hurdle in its spat with the U.S. over audits. Hang Seng outperformed and was bolstered at the open by Chinese dual-listed stocks, with the tech sector the main beneficiary of the weekend Audit news, whilst gains compounded after HK Chief Executive Lam said she will not seek a second term. China on Saturday proposed revising confidentiality rules involving offshore listings, removing a legal hurdle to cooperation on audit oversight while putting the onus on Chinese companies to protect state secrets, via Reuters. Mainland China was closed due to a domestic holiday. Investors welcomed Beijing’s action as it could help avert the threat of U.S. regulators removing Chinese stocks from American exchanges, and herald a more stable relationship between the two economies. That outweighed concerns about a lockdown in Shanghai and rising expectations of a larger U.S. rate hike next month.

“The risk of Chinese ADRs getting delisted seems to have fallen even though it is of course too early to declare ‘all clear,’” said Kota Hirayama, emerging-market economist at SMBC Nikko Securities. “Perhaps Chinese authorities are taking an appeasing stance with an eye on how the West has reacted to Russia’s invasion of Ukraine.” Trading in the region was slow overall with mainland China and Taiwan closed for holidays. Indonesian stocks hit a record high, while Japanese stocks eked out small gains as the Tokyo Stock Exchange’s biggest revamp in over 60 years took effect.  Traders in Asia were also reacting to U.S. jobs data released late last week, which showed the country added close to half a million jobs in March, cementing expectations of a half-percentage point rate hike by the U.S. Federal Reserve early next month

Japanese equities closed the day higher after swinging between gains and losses earlier in the day amid light trading, as the Tokyo Stock Exchange implemented its biggest revamp in over 60 years. The bourse’s overhaul took effect today, replacing the former segments with the new Prime, Standard and Growth sections. The benchmark index Topix will remain in place, but see its components adjusted in stages over several years. “There shouldn’t be that much of a big impact on the operational side with the TSE market revamp, but companies that want to stay in the Prime section or companies that are aiming to enter it may put more focus on governance which is going to be positive for the markets,” said Shoji Hirakawa, chief global strategist at Tokai Tokyo Research. Telecoms and drugmakers were the biggest boosts to the Topix, which rose 0.5%. SoftBank Group was the largest contributor to a 0.3% gain in the Nikkei 225. The yen fell 0.2% against the dollar, extending its 0.7% loss on Friday. Total daily TSE trading value was 2.7 trillion yen ($22.2b yen), the lowest since Dec. 30. Trading around the region was muted with market holidays in China and Taiwan.

In FX, the Bloomberg Dollar Spot Index was little changed, hovering after a two-day advance and the greenback traded mixed versus its Group-of-10 peers, with commodity currencies leading gains. The pound gained against the dollar as traders looked ahead to speeches by Bank of England officials for further clues on the outlook for monetary policy. BOE Governor Andrew Bailey, Deputy Governor Jon Cunliffe, as well as Chief Economist Huw Pill are all due to speak at separate events Monday. Traders have trimmed bets on the scale of future rate hikes after the central bank softened its guidance in the wake of Russia’s invasion of Ukraine. The yen traded in narrow ranges with no fresh catalysts. Australia’s dollar advanced for a second day amid speculation the Reserve Bank may turn hawkish and as rising equities support demand for growth-linked currencies. Bonds declined after robust U.S. jobs data on Friday caused the U.S. yield curve to bear flatten. While RBA is expected to leave the cash rate at 0.1% on Tuesday, a number of economists have either brought forward their forecasts for the first rate hike to June or are highlighting risks from Governor Philip Lowe turning hawkish, a Bloomberg survey shows.

In rates, Cash USTs are relatively. Treasuries curve steepens with long-end yields cheaper by ~3bp on the day despite gains for bunds and gilts rally during European morning. U.S. 10-year yields around 2.40%, cheaper by ~2bp on the day, lagging bunds and gilts by 6bp and 7bp in the sector; with 2- year richer by ~2bp on the day at 2.43%, 2s10s is steeper by more than ~3bp though still inverted. A heavy IG credit issuance slate is expected this week and, beginning Tuesday, talks by several Fed officials. Japanese government bonds were mixed, with futures and maturities up to 10-years rising on support from the Bank of Japan, while the curve continued to steepen as super-long sectors are outside of the yield-curve control policy and prone to overseas moves. Bunds, gilts climbed, erasing opening declines on haven demand amid escalating geopolitical tensions after the EU says Russia is responsible for atrocities in Ukraine.

Fixed income is mixed. German curve bull-steepens slightly, belly outperforms, richening 4-5bps. Peripheral spreads widen to core. Gilts bull-flatten, richening 6bps across the back end. Cash USTs are relatively quiet. In FX,

In commodities, crude futures give back modest gains. WTI drifts lower, stalling after a brief breach of $100. Brent dips back toward a $103-handle. Base metals are mixed; LME tin falls 1.2% while LME zinc gains 1.9%. Spot gold reverses Asia’s losses to trade near $1,926/oz.

Looking at today’s calendar, we get US February factory orders, Germany February trade balance, Canada February building permits Central bank speakers include the BoE’s Bailey and Cunliffe.

Market Snapshot

  • S&P 500 futures little changed at 4,539.50
  • STOXX Europe 600 up 0.1% to 458.89
  • MXAP up 1.0% to 181.56
  • MXAPJ up 1.1% to 598.67
  • Nikkei up 0.3% to 27,736.47
  • Topix up 0.5% to 1,953.63
  • Hang Seng Index up 2.1% to 22,502.31
  • Shanghai Composite up 0.9% to 3,282.72
  • Sensex up 2.1% to 60,498.35
  • Australia S&P/ASX 200 up 0.3% to 7,513.73
  • Kospi up 0.7% to 2,757.90
  • German 10Y yield little changed at 0.50%
  • Euro little changed at $1.1036
  • Brent Futures up 0.5% to $104.86/bbl
  • Gold spot up 0.3% to $1,930.90
  • U.S. Dollar Index little changed at 98.62

Top Overnight News from Bloomberg

  • Japan showed investors last week just how tenacious it would be in keeping interest rates locked near zero in the world’s third- biggest economy despite skyrocketing inflation across the globe and the risk of weakening the yen to damaging levels
  • Turkish inflation is galloping toward a fresh 20-year high, leaving the lira increasingly vulnerable by depriving the currency of a buffer against market selloffs
  • The EU condemned Russia for atrocities by its military in several Ukrainian towns, saying that the bloc will work “as a matter of urgency” on additional sanctions against Moscow
  • Hungarian Prime Minister Viktor Orban scored a crushing election victory to clinch a fourth consecutive term, overcoming criticism about democratic backsliding, his lukewarm support for war-ravaged Ukraine and close ties with Russian President Vladimir Putin
  • French electricity prices for Monday surged to near a ceiling of 3,000 euros as a cold snap coincided with outages for almost half of the nation’s nuclear reactors

A more detailed look at global markets courtesy of Newsquawk

Asia-Pac stocks initially traded mixed but later turned mostly higher. ASX 200 saw early outperformance as mining names surged, with rising EV sales also boosting some Russia-related metals. Nikkei 225 traded flat with a downside bias throughout the session. Hang Seng outperformed and was bolstered at the open by Chinese dual-listed stocks, with the tech sector the main beneficiary of the weekend Audit news, whilst gains compounded after HK Chief Executive Lam said she will not seek a second term. China on Saturday proposed revising confidentiality rules involving offshore listings, removing a legal hurdle to cooperation on audit oversight while putting the onus on Chinese companies to protect state secrets, via Reuters. Mainland China was closed due to a domestic holiday.

Top Asian News

  • Chinese Tech Stocks Jump as U.S. Delisting Concerns Ease
  • Sri Lanka Central Bank Chief Resigns as Crisis Worsens
  • Ex-Japan Forex Chief Sees Kuroda Standing Firm Despite Weak Yen
  • Pakistan’s President to Appoint Caretaker PM After Consultation

European bourses are mixed, Euro Stoxx 50 +0.2%, failing to derive firm direction after initial opening gains faded in limited newsflow. Sectors, are mixed as well with Roche and Bayer lifting Health Care and the former aiding the SMI while Banking names lag modestly. Stateside, are similarly indifferent with a thin docket ahead.US futures Spanish PM Sanchez says they are to spend EUR 11bn on the semi-conductor and micro-chip industry, via Reuters

Top European News

  • Spain Plans to Invest $12.4 Billion in Chips, Semiconductors
  • Bunds, Gilts Lead Bond Gains Amid Haven Buying After EU Comment
  • Russian Stocks Fluctuate as Traders Mull Talks, Sanctions
  • European Gas Swings With EU Mulling New Sanctions Against Russia

In FX, greenback grinds higher amidst more Fed officials flagging half point hikes post-US jobs data and pre- factory orders, DXY forms 98.500+ base. Aussie outperforms ahead of AIG construction index, final PMIs and RBA policy meeting that might see rate guidance turn more plausible than patient; AUD/USD pivots 0.7500 and AUD/NZDsolid on the 1.0800 handle. Euro underperforms as EGB yields retreat, Russia/Ukraine angst persists and option expiry interest exerts downside pressure, EUR/USD drifts down from 1.1050+ towards 1.1000 and 1bln rolling off between the round number and 1.1010. Forint underpinned following resounding win by Hungarian PM Orban, but Lira undermined by further increases in Turkish CPI and PPI. S&P said Turkey long-term LC rating lowered to ‘B+’ from ‘BB-‘; FC rating affirmed at ‘B+’; outlook remains negative.

In commodities, WTI and are choppy within a relatively contained USD 2.0/bbl range, as we await updates on the Russia-Brent Ukraine talks set to resume on Monday. Currently, the benchmarks are holding within USD 98.00-100.70/bbl and USD  102.90-105.80/bbl parameters respectively. Reports on Saturday suggested Gazprom has stopped deliveries of Russian gas to Germany via the Yamal-Europe pipeline. It was then reported Gazprom has booked to pump gas through the Polish section of the Yamal-Europe pipeline on Sunday night to Monday, according to Interfax. Goldman Sachs upgrades its 2023 oil price forecast to USD 115/bbl (prev. 110/bbl); still forecast end-year oil at USD 125/bbl. “A UN-brokered two-month ceasefire in Yemen was broadly holding on its first full day with oil shipments reaching the port of Hodeida”, according to The Guardian. The Russian Energy Ministry has delayed the publication of March oil output numbers amid technical issues, according to reports. Azerbaijan plans to supply 9.5bcm of gas to Italy, according to Interfax. Indian State has cancelled bids by Adani Enterprises to supply imported coal as prices that were  quoted were too high, according to a government official cited by Reuters. Spot are firmer, deriving modest impetus from the deterioration in sentiment seen around thegold/silver European cash open, metals towards top-end of respective ranges.

US Event Calendar

  • 10:00: Feb. Factory Orders, est. -0.6%, prior 1.4%
  • 10:00: Feb. Factory Orders Ex Trans, est. 0.3%, prior 1.0%
  • 10:00: Feb. Durable Goods Orders, est. -2.2%, prior -2.2%; -Less Transportation, est. -0.6%, prior -0.6%
  • 10:00: Feb. Cap Goods Orders Nondef Ex Air, prior -0.3%;
  • 10:00: Feb. Cap Goods Ship Nondef Ex Air, prior 0.5%

DB concludes the overnight wrap

We also published our Q1 performance review on Friday, covering what was a lackluster month for most asset classes given the war and the tightening policy outlook. You can find that here.

In Ukraine, Russia’s retreat from the north, including Kyiv, and pivot to concentrate their war effort on the east drove some optimism across markets. However, the big story over the weekend were the atrocities left in the wake of the retreating Russian forces, which prompted renewed calls for sanctions from the EU and US. The bloc remained split on the question of whether Russia’s energy sector should be targeted, but the momentum was building toward it. Lithuania and Poland announced they would stop importing Russian energy, despite diplomats noting EU sanctions were strongest when they were coordinated. Germany demurred, though some leaders were at least countenancing energy sanctions, with Defense Minister Lambrecht telling an interviewer the EU should discuss such measures.

Elsewhere, there were positive negotiation developments. Secretary of State Blinken gave the US imprimatur for President Zelensky to offer the removal of western sanctions in exchange for peace, which was an uncertain prospect. It remains too early to tell whether negotiations have turned a new leaf given the reported war crimes and intense fighting in the east. On the latter point, port city Odessa endured rocket attacks over the weekend.

To start the week, the Nikkei (+0.06%) is flat with the Hang Seng (+1.24%) and Kopsi (+0.37%) strengthening. Chinese tech shares listed in Hong Kong soared following China’s decision to allow US authorities better audit access to Chinese firms and thus avoid delisting from US exchanges. Markets in mainland China are closed to start the week for holiday. US futures point to a lower open, with S&P 500 (-0.14%) and Nasdaq (-0.26%) futures retreating.

Oil prices are extending last week’s drop in early trading, with Brent futures -0.41% at $103.96/bbl and WTI futures (-0.25%) staying below $100/bbl. Along with the increase in US oil supply, demand could take a hit as the Covid outbreak in China has intensified, driving more severe lockdowns, including in Shanghai. Reports of emerging sub-variants to Omicron in China will also bear watching in the coming days and weeks. Elsewhere, 2yr Treasury yields (+2.44bps) increased to three-year highs of 2.48%. Try as it might to steepen, the 2s10s curve remains -6.9bps inverted this morning.

On the curve, the 2s10s Treasury yield curve ended last week -8.0bps inverted. There has been plenty ink spiled on the recessionary risk signal embedded within the yield curve. Meanwhile, the narrative is that healthy sector balance sheets, including a stockpile of excess consumer savings, will foam the runway of any slowdown. At the same time, financial conditions have now eased to pre-invasion levels despite the implied market pricing of 2022 Fed hikes hitting their highest level. One wonders if strong balance sheets have made consumers less exposed to credit conditions, attenuating the link between higher policy rates and slowing demand. Indeed, Fed data show household financial obligations as a percent of income are at multi-decade lows while FHFA data show less than 1% of outstanding American mortgages are adjustable rate, often the biggest credit exposure for households, well-below levels during the last hiking cycle let alone the peak of the housing crisis and subsequent recovery. Instead of foaming the runway, might it be that strong balance sheets will force the Fed to hack through more underbrush to reach the clearing (to mix my metaphors) via higher terminal rates? Of course, this picture could turn quickly as Covid-era mortgage and student loan forbearance programs come to an end. Further, tightening credit conditions are but one mechanism slowing demand; wealth effects as higher rates hit home prices and equity portfolios and demand destruction if real wages lag will contribute, while the Fed still holds out hope that supply side expansion will also help bring inflation back to target.

How the Fed are thinking about these questions will be expounded in the March FOMC meeting minutes released this week. Liftoff was the main event at the March meeting, and the minutes should reveal how policymakers are considering the sizing and pace of future rate hikes, especially as St. Louis Fed President Bullard dissented in favor of a +50bp hike in March. The minutes should also have more detail about the rundown of the Fed’s balance sheet, as I covered with our Chief US economist in a piece last Friday (see here). The Fed has signalled QT could begin as soon as May but didn’t clarify QT’s parameters. After a year of careful, cautious balance sheet communication (it appears QT won’t get the ‘talking about talking about’ treatment that taper received), the omission was notable, so the minutes should contain useful information.

The ECB will also release the account of their March monetary policy meeting, where investors can look for more clues about how the central bank is balancing the risks from the war and from higher inflation when setting the course for monetary policy. ECB policy pricing through 2022 has also recovered from its depths at the invasion’s outset, with +54bps of tightening priced in to start the week.

Rounding out central banks, the RBA has its meeting tomorrow, BoE Governor Bailey speaks today, Fed Vice Chair nominee Brainard speaks tomorrow, while a number of other speakers from the Fed, ECB, BoE, and BoJ will hit the tapes.

It is a lighter week for global data releases, with US ISM services, China PMIs, Eurozone PPI, and Japan consumer confidence figures among the highlights. Earnings are light as well, but Sberbank and Lukoil releases will provide insight about the impact of the war on Russian companies. On politics, the first round of the French Presidential elections are coming up Sunday.

A quick wrap on the week that was. As mentioned, Russia’s retreat from northern theaters and the yield curve inversion were the main focus along with the US’s historic release of Strategic Petroleum Reserves that sent brent crude oil futures -13.18% (-2.89% Friday) lower.

Sovereign bonds traded with notable volatility, with ten-year Bund and Treasury yields falling -3.2bps (+0.7bps Friday) and -9.1bps (+4.4bps Friday), respectively. This came as policy rates continued to price additional tightening, driving 2yr Treasury yields +18.7bps (+12.2bps Friday) higher, sending the 2s10s yield curve to -8.0bps after flirting with inversion since early in the week. 2yr Bund yields increased +6.7bps (+0.6bps Friday), even moving above zero intraweek.

Equity markets were much more subdued by comparison, with the VIX falling -1.19 ppts (-0.93ppts Friday) and below 20 for the first time in almost 2 months. The S&P 500 managed to just eek out a weekly gain at +0.06% (+0.34% Friday), while news of Russian retreat was a bigger boost to European stocks, with STOXX 600 gaining +1.06% (+0.54% Friday).

Friday brought the US employment situation report; nonfarm payrolls increased by +431k in March. The slightly-below-expectations reading was offset by a revision to the previous month’s figures. The unemployment rate ticked down to a post-pandemic low of +3.6%. Meanwhile core PCE inflation increased to a fresh four-decade high of +5.4% in the US. Eurozone CPI surprised well to the upside month-over-month, gaining +2.5% versus expectations of +1.8%, while core CPI increased to +3.0% on a year-over-year basis.

Finally, US ISM manufacturing at 57.1, was slightly below expectations and the prior month print, while the prices paid component surprised higher at 87.1.

Tyler Durden
Mon, 04/04/2022 – 07:53

via ZeroHedge News https://ift.tt/qitwhkr Tyler Durden

Starbucks Slides As Schultz Halts Buybacks To “Invest More In Our People”

Starbucks Slides As Schultz Halts Buybacks To “Invest More In Our People”

It looks like Starbucks founder Howard Schultz has decided to shake things up during his first day back in the saddle as the company’s interim CEO.

In a letter to Starbucks stakeholders entitled “On the Future of Starbucks”, Schultz announced that he planned to halt share buybacks, effective immediately, in order to “invest more into our people and our stores – the only way to create long-term value for all stakeholders.”

The decision marks an abrupt reversal, since the company had only just restarted buybacks following a pandemic pause.

As the NYT reminds us, Schultz spent more than $6 billion on buybacks between 2008 and 2016 during his most recent stint as CEO. Schultz’s decision to halt buybacks was likely motivated by the growing unionization push among Starbucks’ restaurants. Nearly a dozen Starbucks stores have unionized over the past year, including the company’s flagship store in Manhattan, which approve a unionization drive by a vote of 46-36 on Friday.

And that number could be about to explode: more than 100 locations in more than 25 states, out of nearly 9,000 company-owned stores across the country, are planning to hold elections.

Starbucks spent $10 billion on buybacks in 2019, but the company paused buybacks at the start of the pandemic. The company only resumed the practice this year, spending $3.5 billion on buybacks in its most recent quarter.

So far, investors have expressed their displeasure with Schultz’s decision by driving shares of the coffee purveyor down more than 1% during premarket trading on the news.

Tyler Durden
Mon, 04/04/2022 – 07:39

via ZeroHedge News https://ift.tt/CtDWERh Tyler Durden

Dimon Warns US Faces “Unprecedented” Risks From Combo Of Inflation, War & COVID

Dimon Warns US Faces “Unprecedented” Risks From Combo Of Inflation, War & COVID

While his friend and fellow Democrat Larry Fink used his latest annual letter to cheer for an accelerating transition to ESG while simultaneously warning about the fallout from “de-globalization” spurred by Russia’s incursion into Ukraine, JPMorgan CEO Jamie Dimon warned Monday in his own annual letter to investors that the US economy faces “unprecedented” risks from the confluence of COVID pandemic, high inflation and, of course, the situation in Ukraine.

“They present completely different circumstances than what we’ve experienced in the past – and their confluence may dramatically increase the risks ahead,” Dimon said.

Dimon, who has repeatedly advocated for a ‘Marshall Plan for energy’ to help the Europeans wean themselves off of Russia’s influence, also called on the US to turn up the sanctions pressure on Russia.

“Turn up sanctions – there are many more that could be imposed – in whatever way national security experts recommend to maximize the right outcomes.”

As far as JPM’s own book is concerned, Dimon suggested that the bank could ultimately lose more than $1 billion from its exposure to Russia. Dimon said he wouldn’t be surprised to see the conflict drag on, and said “America must be ready for the possibility of an extended war in Ukraine with unpredictable outcomes. We should prepare for the worst and hope for the best.”

But Russia wasn’t the only foreign power to face skepticism from Dimon. Expounding on the “de-globalization” theme, Dimon warned that US firms must diversify their supply chains away from China and instead rely only upon “completely friendly allies”. He also urged the US to rejoin the Trans-Pacific Partnership (or TPP), the Obama-era trade deal that President Trump cancelled immediately after taking office.

In keeping with his previous comments about the pace of Fed rate hikes (remember, Dimon helped to instigate the trend of Wall Street banks one-upping one another with forecasts for five, six, seven – even eight rate hikes), the JPM CEO predicted that the Fed could still surprise Wall Street with a number of rate hikes that are “significantly higher than the market expects.”

As for the bank’s potential losses, Dimon said JPM’s “fortress balance sheet” is robust enough that JPM could withstand losses of $10 billion or more and “still be in very good shape.”

In other news, JPMorgan will hold its first investor day since the pandemic began on May 23. The bank revealed in its annual report that it had a record $3.7 trillion in assets and $294.1 billion in stockholders’ equity as of Dec. 31.

Perhaps unsurprisingly given the cautious tone of Dimon’s comments, JPM’s shares tumbled more than 1% during premarket trading.

Here’s a rundown of major points from Reuters:

US Economy Is Still Strong

Dimon has long been bullish on the U.S. economy and repeated that message in his letter, noting the average American consumer is “in excellent financial shape” with leverage among the lowest on record, excellent mortgage underwriting, plentiful jobs with wage increases and more than $2 trillion in excess savings.

Inflation Will Require Aggressive Hikes

The Federal Reserve and the government were right to take bold actions amid the pandemic, but stimulus probably lasted too long, said Dimon. He believes the rate rises needed to rein in inflation would be “significantly higher than the markets expect.”

Dimon also had some advice for the Fed: it shouldn’t worry about the market volatility rate rises will cause unless that volatility affects the economy. It should be flexible in its plan and be prepared to respond quickly to events on the ground.

Ukraine War Will Slow Global Economy

“The hostilities in Ukraine and the sanctions on Russia are already having a substantial economic impact,” Dimon wrote.

JPMorgan economists think that the euro area, highly dependent on Russia for oil and gas, will see GDP growth of roughly 2% in 2022, instead of the 4.5% pace expected just before the invasion began. By contrast, they expect the U.S. economy to advance roughly 2.5% versus a previously estimated 3%, Dimon wrote.

“These estimates are based upon a fairly static view of the war in Ukraine and the sanctions now in place,” Dimon wrote. More Russia sanctions are possible, he noted.

“Along with the unpredictability of war itself and the uncertainty surrounding global commodity supply chains, this makes for a potentially explosive situation,” he wrote.

World Economy Faces “Unprecedented” Moment

The confluence of the dramatic stimulus-fueled recovery from the pandemic, the likely need for rapid rate rises, the war in Ukraine and the sanctions on Russia may be unprecedented.

“They present completely different circumstances than what we’ve experienced in the past – and their confluence may dramatically increase the risks ahead,” Dimon wrote, adding the war will also affect geopolitics for decades.

Without Strong Leadership, America Will Descend Into “Chaos”

“American global leadership is the best course for the world and for America,” Dimon wrote. Since nature abhors a power vacuum, it is increasingly clear that without strong American leadership “chaos likely will prevail,” he added.

However, he noted the world does not want an “arrogant” America bossing everyone around, but an America that works with allies, collaborating and compromising.

“We can organize military and economic frameworks that make the world safe and prosperous for democracy and freedom only if we work with our allies,” he added.

Any interested parties can read the complete letter here.

Tyler Durden
Mon, 04/04/2022 – 06:59

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Twitter Shares Jump 26% After Elon Musk Takes 9.2% Passive Stake 

Twitter Shares Jump 26% After Elon Musk Takes 9.2% Passive Stake 

Twitter shares jumped more than 26% premarket after a 13G filing revealed Elon Musk has taken a passive stake in the social media company. 

According to the 13G filing, Musk has accumulated 73,486,938 shares of Twitter, representing a 9.2% (based on 800,641,166 shares of Common Stock outstanding). 

The filing comes about ten days after Musk tweeted that the social media company is “failing to adhere to free speech principles fundamentally undermines democracy.” He asks his audience of more than 80 million people: “What should be done?” 

He also asks his followers, on the same day, “Is a new platform needed?”

And it comes two days after founder Jack Dorsey partially blames himself for the state of the internet today, admitting that “centralizing discovery and identity into corporations really damaged the internet.”

Now, Musk has a large vested interest in Twitter and could undertake moves to reform the woke platform. 

*Developing 

Tyler Durden
Mon, 04/04/2022 – 06:34

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One Cheer for Stephen Breyer


topicslaw

When President Bill Clinton tapped Stephen Breyer to fill a vacancy on the U.S. Supreme Court in 1994, he told the country Breyer would “strike the right balance between the need for discipline and order, being firm on law enforcement issues but really sticking in there for the Bill of Rights.”

Breyer’s impending retirement at the close of the Supreme Court’s current term provides an opportunity to weigh Clinton’s words against Breyer’s record. Alas, the former president proved only half right. Breyer was frequently “firm” in his deference to the government. But that same deference often led Breyer to do the opposite of “sticking in there for the Bill of Rights,” especially in major Fourth Amendment cases.

Take the 2014 case Navarette v. California. At issue was an anonymous and uncorroborated 911 phone call about an allegedly dangerous driver, which led the police to make a traffic stop that led to a drug bust. According to the 5–4 majority opinion by Justice Clarence Thomas, “the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated.” Law enforcement won big, and Breyer signed on.

The deficiencies of that judgment were delineated in a forceful dissent by Justice Antonin Scalia. “The Court’s opinion serves up a freedom-destroying cocktail,” wrote Scalia, who was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. “All the malevolent 911 caller need do is assert a traffic violation, and the targeted car will be stopped, forcibly if necessary, by the police.” That disturbing scenario, Scalia wrote, “is not my concept, and I am sure it would not be the Framers’, of a people secure from unreasonable searches and seizures.” Breyer apparently was untroubled by that Fourth Amendment–shredding scenario.

Navarette was not the first time that Scalia was more “liberal” than Breyer in a 5–4 Fourth Amendment case. One year earlier, in Maryland v. King, Breyer joined Justice Anthony Kennedy’s controversial majority opinion allowing police to collect DNA swabs from arrestees without a warrant.

“Make no mistake about it,” Scalia protested in his dissent, which, like his dissent in Navarette, was joined by Ginsburg, Sotomayor, and Kagan. “As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.” Breyer seemed untroubled by that disturbing scenario too.

Breyer had his own ideas about how the Supreme Court should go about its business, and he spelled them out in his 2010 book Making Our Democracy Work. The Supreme Court must “take account of the role of other governmental institutions and the relationships among them,” Breyer wrote, and strive to “maintain a workable relationship” between the various branches.

That may sound innocuous, but consider the implications. In 1944 the Supreme Court heard Korematsu v. United States, which dealt with President Franklin Roosevelt’s wartime internment of some 70,000 Japanese Americans. Surely the Court should have scrapped the “workable relationship” at that point and simply invalidated FDR’s dangerous and unconstitutional actions?

Not necessarily, Breyer wrote. “Perhaps [the Court] could have developed a sliding scale in respect to the length of detention” or “insisted the government increase the screening efforts the longer an individual is held in detention” or found some other way to maintain a “workable relationship with the president.”

At least Breyer did not always practice the judicial deference that he preached. In 2008, for example, he joined Justice Anthony Kennedy’s opinion in Boumediene v. Bush, which struck down part of the Military Commissions Act of 2006 while recognizing habeas corpus rights for prisoners held as enemy combatants at the U.S. military base in Guantanamo Bay, Cuba—a decision that was cheered by both liberals and libertarians.

Breyer got that one right. But as he later acknowledged, the ruling ran counter to the philosophy of judicial deference he championed in Making Our Democracy Work. “One cannot characterize Boumediene as a case that followed Congressional directions or implemented Congress’s broader purposes,” he wrote in the book. No, one certainly cannot.

This inconsistency is a recurring theme in Breyer’s jurisprudence. He was clearly willing to invalidate democratically enacted laws when the mood struck. He joined the Supreme Court’s landmark opinions in favor of gay rights, for example, which overruled state regulations passed by democratic majorities.

Yet Breyer happily bowed to “expert” local policy making in Kelo v. City of New London, a 2005 decision upholding an eminent domain taking under what the majority opinion called “our longstanding policy of deference to legislative judgments in this field.” Admiring commentators often called Breyer a legal “pragmatist.” It was a description that certainly left him a lot of wiggle room.

Breyer does deserve unalloyed credit for one of his final acts while on the bench. In the face of a progressive campaign to get President Joe Biden to “pack the court” and create a Democratic supermajority of justices, Breyer led the charge against the court packers, denouncing them as a bunch of shortsighted ideologues who threatened both judicial independence and bedrock liberal values. And Breyer did so knowing full well that his actions would infuriate a great many folks on his own side of the aisle.

Kudos to Breyer. Too few public figures nowadays are willing to take a principled stand like that.

The post One Cheer for Stephen Breyer appeared first on Reason.com.

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One Cheer for Stephen Breyer


topicslaw

When President Bill Clinton tapped Stephen Breyer to fill a vacancy on the U.S. Supreme Court in 1994, he told the country Breyer would “strike the right balance between the need for discipline and order, being firm on law enforcement issues but really sticking in there for the Bill of Rights.”

Breyer’s impending retirement at the close of the Supreme Court’s current term provides an opportunity to weigh Clinton’s words against Breyer’s record. Alas, the former president proved only half right. Breyer was frequently “firm” in his deference to the government. But that same deference often led Breyer to do the opposite of “sticking in there for the Bill of Rights,” especially in major Fourth Amendment cases.

Take the 2014 case Navarette v. California. At issue was an anonymous and uncorroborated 911 phone call about an allegedly dangerous driver, which led the police to make a traffic stop that led to a drug bust. According to the 5–4 majority opinion by Justice Clarence Thomas, “the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated.” Law enforcement won big, and Breyer signed on.

The deficiencies of that judgment were delineated in a forceful dissent by Justice Antonin Scalia. “The Court’s opinion serves up a freedom-destroying cocktail,” wrote Scalia, who was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. “All the malevolent 911 caller need do is assert a traffic violation, and the targeted car will be stopped, forcibly if necessary, by the police.” That disturbing scenario, Scalia wrote, “is not my concept, and I am sure it would not be the Framers’, of a people secure from unreasonable searches and seizures.” Breyer apparently was untroubled by that Fourth Amendment–shredding scenario.

Navarette was not the first time that Scalia was more “liberal” than Breyer in a 5–4 Fourth Amendment case. One year earlier, in Maryland v. King, Breyer joined Justice Anthony Kennedy’s controversial majority opinion allowing police to collect DNA swabs from arrestees without a warrant.

“Make no mistake about it,” Scalia protested in his dissent, which, like his dissent in Navarette, was joined by Ginsburg, Sotomayor, and Kagan. “As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.” Breyer seemed untroubled by that disturbing scenario too.

Breyer had his own ideas about how the Supreme Court should go about its business, and he spelled them out in his 2010 book Making Our Democracy Work. The Supreme Court must “take account of the role of other governmental institutions and the relationships among them,” Breyer wrote, and strive to “maintain a workable relationship” between the various branches.

That may sound innocuous, but consider the implications. In 1944 the Supreme Court heard Korematsu v. United States, which dealt with President Franklin Roosevelt’s wartime internment of some 70,000 Japanese Americans. Surely the Court should have scrapped the “workable relationship” at that point and simply invalidated FDR’s dangerous and unconstitutional actions?

Not necessarily, Breyer wrote. “Perhaps [the Court] could have developed a sliding scale in respect to the length of detention” or “insisted the government increase the screening efforts the longer an individual is held in detention” or found some other way to maintain a “workable relationship with the president.”

At least Breyer did not always practice the judicial deference that he preached. In 2008, for example, he joined Justice Anthony Kennedy’s opinion in Boumediene v. Bush, which struck down part of the Military Commissions Act of 2006 while recognizing habeas corpus rights for prisoners held as enemy combatants at the U.S. military base in Guantanamo Bay, Cuba—a decision that was cheered by both liberals and libertarians.

Breyer got that one right. But as he later acknowledged, the ruling ran counter to the philosophy of judicial deference he championed in Making Our Democracy Work. “One cannot characterize Boumediene as a case that followed Congressional directions or implemented Congress’s broader purposes,” he wrote in the book. No, one certainly cannot.

This inconsistency is a recurring theme in Breyer’s jurisprudence. He was clearly willing to invalidate democratically enacted laws when the mood struck. He joined the Supreme Court’s landmark opinions in favor of gay rights, for example, which overruled state regulations passed by democratic majorities.

Yet Breyer happily bowed to “expert” local policy making in Kelo v. City of New London, a 2005 decision upholding an eminent domain taking under what the majority opinion called “our longstanding policy of deference to legislative judgments in this field.” Admiring commentators often called Breyer a legal “pragmatist.” It was a description that certainly left him a lot of wiggle room.

Breyer does deserve unalloyed credit for one of his final acts while on the bench. In the face of a progressive campaign to get President Joe Biden to “pack the court” and create a Democratic supermajority of justices, Breyer led the charge against the court packers, denouncing them as a bunch of shortsighted ideologues who threatened both judicial independence and bedrock liberal values. And Breyer did so knowing full well that his actions would infuriate a great many folks on his own side of the aisle.

Kudos to Breyer. Too few public figures nowadays are willing to take a principled stand like that.

The post One Cheer for Stephen Breyer appeared first on Reason.com.

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Global Dealmaking Activity Plunges To Lowest Level Since Pandemic As SPACs Face Heightened Scrutiny

Global Dealmaking Activity Plunges To Lowest Level Since Pandemic As SPACs Face Heightened Scrutiny

After two years of booming M&A income for Wall Street (which in turn led to record banker bonuses and compensation for two years in a row) an SEC crackdown on the SPAC business, combined with Fed funds liftoff and exogenous disturbances like the war in Ukraine, has prompted dealmaking activity to cool dramatically during Q1.

According to the FT, roughly $1 trillion worth of deals were struck in the first quarter of 2022, roughly 23% lower than the figure from the same period last year.  Refinitiv data shows the decline in M&A activity has spanned all continents.

Source: FT

However, there have been a couple of notable exceptions to this trend. they include:

  • Private Equity: Despite the slowdown, the PE industry enjoyed its strongest-ever start to the year as they deployed massive amounts f cash accumulated during the pandemic. Buyout groups backed $288 billion worth of deals, a 17% rise compared with the first three months of 2021.
  • Microsoft: The software giant’s $75 billion purchase of Activision Blizzard is this year’s biggest deal so far, with the €21 billion ($23.2 billion) purchase of Mileaway, Blackstone’s European warehouses, by Prologis, the world’s biggest warehouse owner, coming in second.

Among the PE firms leading the way, Elliott Management has led the year’s two biggest PE industry deals, including taking software company Citrix private alongside Vista Equity Partners for $16.5 billion in January, and buying television ratings group Nielsen for $16 billion in late March with Canadian group Brookfield.

Here’s a visualization of PE’s ongoing deal splurge (of course, these types of deals are the reason for PE’s existence. They raise funds with the sole purpose of doing deals).

Source: FT

The value of cancelled deals picked up in the first quarter of 2021 to $215bn, the highest level since 2018. Nearly three-quarters of all abandoned deals involved a European target, evidence that the conflict in Ukraine and its ramifications has helped to sour buyers’ appetite.

Source: FT

One of the biggest declines has been seen in the SPAC space, as regulators have ramped up scrutiny of these deals: The number of SPAC deals has fallen 78% so far this year compared with the first quarter of 2021, while just 38 mergers have been completed.

Source: FT

Today, SPAC deals account for just 3% of total global dealmaking, compared with 17% during the same period in 2021.

Tyler Durden
Mon, 04/04/2022 – 05:45

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