Sanofi to make formal Genzyme offer

(Reuters) – France’s Sanofi-Aventis (SASY.PA) plans to make a formal offer of up to $18.7 billion for Genzyme (GENZ.O) after its informal overture failed to strike interest, sources familiar with the situation said on Wednesday.

The board of Sanofi met in Paris on Wednesday and authorized management to make a formal offer of up to $70 per share for Genzyme, sources said.

Sanofi has bank commitments of funding that would allow it to raise that bid if needed, one source said. A second source cautioned that no formal proposal had been made yet and plans could still change.

Genzyme has a market capitalization of about $18 billion. At $70 per share, Sanofi would be offering a premium of roughly 30 percent over what the price of Genzyme’s stock was before news of takeover interest emerged.

The Wall Street Journal, citing people close to Genzyme, suggested that about $75 a share could be sufficient to win the support of Genzyme’s board.

Sanofi, which is scheduled to report second-quarter earnings on Thursday, declined to comment. Genzyme could not be immediately reached for comment.

Shares of Genzyme gained 5 percent to $71.20 in extended trading on Wednesday after news of the board meeting.

Analysts see Sanofi in greater need of a major acquisition than some of its rivals as it braces for generic competition for some of its key products.

Last week, Sanofi lowered its view for 2010 earnings per share after U.S. regulators approved a generic form of the Lovenox blood thinner, its No. 2 product last year.

Genzyme’s biggest-selling drug is Cerezyme, a treatment for Gaucher disease, a rare genetic disorder. Promising drugs in late stage development include a treatment for multiple sclerosis.

Orphan drugs — those that treat small numbers of patients but command high prices — are much less amenable to generic competition than pills and are therefore attractive acquisition candidates.

BEAR HUG LETTER EXPECTED

Sanofi’s proposal was expected to come in the form of a publicly disclosed “bear hug” letter that would lay out proposed takeover terms and try to pressure Genzyme to open negotiations, the first source said.

Genzyme failed to respond to Sanofi’s informal overture, sources previously told Reuters. Genzyme, which is trying to sell three non-core businesses, is not looking to sell the company, sources previously said.

Reports that Sanofi was making a run at Genzyme surfaced on Friday. The news has sent the U.S. company’s shares up about 30 percent since then as investors figured the company would garner a hefty premium for its portfolio of expensive treatments for rare genetic disorders and a pipeline of drugs in development.

Analysts see Genzyme fetching anywhere from $60 to $85 a share, depending on their view of the value of the company’s experimental drugs, the risks associated with its recovery from a manufacturing crisis and the entry of other bidders.

Some company watchers, however, focus on a narrower price range and say Genzyme shareholders may be willing to accept a price of $70 to $80 per share, particularly newer investors who were drawn to the company when it was targeted by activist investor Carl Icahn.

Sanofi’s approach comes on the heels of a turbulent two years for Genzyme and its chief executive, Henri Termeer, who is expected to step down within the next year or two.

Earlier this year, Termeer fought off a threatened proxy fight by reaching settlements with investors Carl Icahn, who now has two representatives on the company’s board, and Ralph Whitworth of Relational Investors LLC, who also sits on the board.

The Wall Street Journal said Britain’s Glaxo (GSK.L) had also recently made “a very casual approach” to Genzyme, but industry insiders and analysts said that Glaxo Chief Executive Andrew Witty, with a reputation for caution on M&A, was unlikely to chase Genzyme.

(Reporting by Jessica Hall; Editing by Gary Hill, Phil Berlowitz, Gary Hill)

Federal investigators extend probe to 2 BP managers: WSJ

(Reuters) – Two managers from BP Plc (BP.L) have been named as subjects of a federal investigation into the explosion of the Deepwater Horizon oil rig in the Gulf of Mexico, the Wall Street Journal said.

Robert Kaluza, a BP employee overseeing operations on the rig, and Patrick O’Bryan, BP’s vice president in charge of drilling, were named as parties by the investigators on Thursday, the paper said.

The two are the first individuals from BP to be named as “parties of interest” in the case, WSJ added, stating that both were aboard the rig representing BP, which owned the well being drilled, when it blew out.

Kaluza has been called twice to testify in front of the investigative board but he declined, citing his rights under the Fifth Amendment of the U.S. Constitution, the Journal said.

Neither could be reached for a comment by the paper. Kaluza’s lawyers and BP could not be immediately reached for a comment by Reuters outside regular U.S. business hours.

Engineers who pulled some of the rig’s equipment from the seabed two weeks after it exploded, found that a crucial safety switch wasn’t functional, the paper said, citing internal documents reviewed by them.

The safety switch — known as a “deadman switch” — should have activated once the floating rig erupted into flames and lost communication with well-control equipment a mile below the surface, WSJ said.

The device is designed to trigger the 450-ton blowout preventer on the ocean floor to seal the well and uncouple the drilling pipe snaking from the ocean floor to the rig floating on the surface. [ID:N28192201] (Reporting by Amulya Nagaraj in Bangalore; Editing by Lincoln Feast)

Wal-Mart to roll out electronic tags to track clothing – WSJ

(Reuters) – Wal-Mart Stores Inc (WMT.N) plans to roll out electronic tags to keep track of individual garments like jeans and underwear, in a move that would help the retail giant control its inventories better, the Wall Street Journal said.

Beginning in August, Wal-Mart will place removable radio-frequency ID tags on individual garments that can be read by a handheld scanner, the Journal said.

The tags will help Wal-Mart workers to quickly learn which garments are missing from the shelves, the paper said.

The aim of rolling out the electronic tags is to ensure shelves are optimally stocked and inventory tightly watched, according to the Journal.

If successful, the electronic tags will be used for other products at Wal-Mart’s more than 3,750 U.S. stores, the paper said.

“This ability to wave the wand and have a sense of all the products that are on the floor or in the back room in seconds is something that we feel can really transform our business,” Raul Vazquez, the executive in charge of Wal-Mart stores in the western United States, told the paper.

Wal-Mart could not immediately be reached for comment by Reuters outside regular U.S. business hours. (Reporting by Sakthi Prasad in Bangalore; Editing by Valerie Lee)

FOREX-Dollar hovers near lows, Aussie jumps

TOKYO, July 20 (Reuters) – The dollar eased on Tuesday, inching closer to a two-month low versus the euro hit last week as investors continued to cut long positions on more disappointing U.S. economic data.

The greenback rose a little against the yen on bids from Japanese importers, but remained close to a seven-month low marked last week, leading many market players to look to what authorities in Japan could do about a firm yen.

The Australian dollar jumped more than 1 percent thanks to a rise in Chinese shares as well as buying against the yen amid wariness about Japanese yen-selling intervention.

The Wall Street Journal reported the Bank of Japan could consider taking additional steps to support the economy if the yen climbs to around 85 per U.S. dollar and stays there.

In Asian trade, the dollar rose about 0.4 percent to 87.01 yen JPY=, on buying by Japanese importers, off a seven-month low of 86.27 hit on trading platform EBS on Friday.

Traders suspect Japanese officials would not want to see the 85 level breached in a hurry, though many traders doubt Tokyo is ready to intervene at this point.

“I guess the authorities will be nervous. There will be verbal intervention or they might do rate checks as they did before. But I don’t think they can do actual intervention,” said a trader at a Japanese financial institution.

Indeed, traders say they saw marginal yen-selling by Japanese investors.

“Japanese investors’ risk appetite hasn’t come back. They are not ready to sell the yen yet. It’s hard to expect upside for the dollar/yen,” said a trader at a European bank.

Demand for the dollar waned further on Monday after the NAHB/Wells Fargo Housing Market index fell more than expected in July to its lowest level since April 2009, after a popular tax credit for homebuyers expired in April. [ID:nWEQ003835]

The report was the latest in a string of data that has flashed warnings about the state of the U.S. economy and quashed expectations of a Federal Reserve interest rate hike this year.

If Fed Chairman Ben Bernanke drops any hint of further easing at testimony on Wednesday it could push the dollar down further, some traders said.

“The overall bearish setup remains intact for dollar/yen,” JPMorgan said in a morning report. “This follows last week’s breakdown below the key 87.00/22 yen support zone while affirming the intermediate term bearish setup and a closer test of the 84.82 November 2009 cycle low.”

The euro EUR= edged up 0.15 percent to $1.2963/64, not far from a two-month high of $1.3008 hit last Friday.

Traders expect the pair to trade in a $1.28-1.31 range in the coming days ahead of EU stress test results for banks and Fed chief Bernanke’s testimony.

Support for the euro is seen around the previous day’s low of $1.2870. Resistance comes in at Friday’s high of $1.3008, while some traders say a break of that level could push it to around $1.3113, a Fibonacci retracement of its decline from last December to early June.

The results of stress tests on 91 European banks are due on Friday and there is a consensus building in the forex market that it could be positive for the euro.

Bankers and officials in Greece, Spain and Belgium joined a chorus of countries expecting their banks to pass the stress tests, but doubts linger over whether the checks are tough or transparent enough. [ID:nLDE66I14A]

Some traders suspect the euro could be in for a “buy on the rumour sell on fact” retreat, after having risen nearly 10 percent from a four-year low, mostly shrugging off negative news on the euro zone.

It brushed aside news that Moody’s had cut Ireland’s debt rating and concerns that negotiations between Hungary and international lenders had broken down. [ID:nLDE66I0FY] [ID:nLDE66H021].

Meanwhile, the Aussie AUD=D4 rose 1.1 percent to $0.8775 and 1.4 percent to 76.38 yen AUDJPY=, helped by an upbeat mood in Chinese share markets and wariness about Japanese yen-selling intervention.

The Australian dollar quickly recovered the ground it had lost after minutes from the Reserve Bank of Australia’s (RBA) July policy meeting that suggested it was unlikely to raise interest rates next month if coming inflation data showed the moderation it expected. [ID:nCBR000068]

The currency has strong support around $0.8575-8590, where there is a 50 percent retracement of its rally this month as well as a cluster of previous lows. (Additional reporting by Anirban Nag and FX analyst Krishna Kumar in Sydney; Editing by Michael Watson)

Obama, Cameron to hold talks clouded by BP concerns

WASHINGTON, July 20 (Reuters) – U.S. President Barack Obama and British Prime Minister David Cameron will hold talks on Tuesday overshadowed by controversy over BP Plc (BP.L)(BP.N) that could test the vaunted “special relationship” between their countries.

They are expected to discuss BP’s role in the Gulf of Mexico oil spill and whether the British energy giant had influence in the release of the Lockerbie bomber from a Scottish prison last year — issues that have complicated transatlantic ties. [ID:nN19218995]

Cameron’s first visit to Washington as British prime minister comes amid a U.S. backlash against BP. With an eye to British pensioners and other investors at home, he has pledged to stand up for the embattled company.

Aides to both leaders insist the talks aim to build on a personal rapport they struck up at last month’s Group of 20 summit in Canada and that the agenda will focus more on the war in Afghanistan, the global economy and the Middle East.

But BP and its role in the worst oil spill in U.S. history loom large. Differences over BP’s treatment and over approaches to economic recovery raise fresh questions about a historic Anglo-American alliance already past its heyday.

Scoffing at “endless British preoccupation with the health of the special relationship,” Cameron wrote in the Wall Street Journal that he would be “hard-headed and realistic” about U.S. ties and said both countries must also strengthen bonds with rising powers like China and India. [ID:nLDE66I0I8]

DEMANDS FOR INQUIRY

Under heavy criticism over the Gulf disaster, BP faces demands from U.S. lawmakers for an official inquiry into whether it had a hand in the release of the Libyan convicted in the 1988 bombing of a Pan Am flight over Lockerbie, Scotland.

BP has confirmed it lobbied the British government in 2007 over a prisoner transfer deal because it was concerned a slow resolution would hurt an offshore drilling deal with Libya.

But the company said it was not involved in talks on the release of Abdel Basset al-Megrahi, sentenced to life for the deaths of 270 people, including 189 Americans.

On the eve of Cameron’s visit, the British government reiterated that BP had no role in the decision to free Megrahi and said it had no plans to re-examine the release, which took place despite fierce U.S. objections.

Scottish authorities said they freed the intelligence officer because he was terminally ill and they believed he had only three months to live. He is still alive in Libya.

U.S. Secretary of State Hillary Clinton told senators she was urging Scottish and British authorities to review the case.

Cameron’s aides have sought to play down the issue. He stressed in a BBC interview that, as opposition leader at the time, he thought the release was “utterly wrong.”

His visit also comes as U.S. lawmakers consider a range of rules that could require tougher safety standards on offshore drilling or bar companies like BP from new offshore leases.

Cameron has made clear he will defend BP, saying it must remain “strong and stable” to make good on its promise to compensate oil spill victims and for the sake of employees and people with pension funds invested in the company in both countries.

Obama, whose approval ratings have been undercut by public anger over the disaster, has taken a hard line with BP, although his rhetoric has softened recently amid criticism his administration had gone too in bashing the company.

Obama and Cameron will meet amid hopes a capping test on the blown-out well, which has largely choked off the undersea flow of oil, will pave the way for a permanent fix. [ID:nLDE66I13M]

UNITED FRONT, DIFFERENCES

Against this backdrop, they will present a united front on issues like sanctions against Iran and try to strike a balance between keeping up the fight in Afghanistan while signaling to skeptical voters they are progressing on exit strategies.

Obama and Cameron are sure to pay homage to their countries’ special relationship — in keeping with predecessors since Winston Churchill coined the phrase in 1946 — when they hold a joint news conference after they meet and have lunch.

But Cameron has indicated his new Conservative-Liberal Democrat coalition will work together pragmatically without being too slavish to U.S. interests.

Obama has also demonstrated a desire to see relations evolve, although he has been careful to avoid offending British sensibilities as he did earlier when he returned a loaned bust of Churchill on display in the Oval Office.

Cameron has led European attempts to cut budget deficits that have ballooned in the wake of the global financial crisis, while the United States has urged caution, arguing that reducing borrowing too fast could hinder the fragile recovery.

Both sides have agreed to disagree for now.

Cameron seems unwilling to be cast as America’s “poodle” — as British media dubbed former Labour Prime Minister Tony Blair to former President George W. Bush. But he has acknowledged that Britain is the “junior partner” of the United States.

With more to gain from their encounter, Cameron is also looking to benefit from sharing a stage with Obama, who is more popular in Britain and much of Europe than he is at home. (Additional reporting by Matt Falloon; Editing by John O’Callaghan)

WSJ: Nokia searching for new CEO

Struggling to keep up with newer and more inventive rivals, number one phone maker Nokia is looking for a new CEO, according to a report in the Wall Street Journal on Monday.

While still the biggest phone maker in the world, Nokia has been losing market share in the growing smartphone segment. A March report from Canalys gave the company a 39 percent market share in the smartphone sector, down from 41 percent a year earlier in the face of competition from companies like Apple and Google. As a result, some analysts have been suggesting that a leadership shakeup might help reverse market share declines and stagnating revenue at the Finnish giant.

In June, Nokia warned that its second quarter earnings report, due out Thursday, would be lower than expected. It blamed competition at the high end of the market, a shift in product mix toward lower margin products and the depreciation of the euro.

Olli-Pekka Kallusvuo, president and CEO, has been with Nokia since 1980, when he joined as corporate counsel, according to his biography on the company web site. In 2006 he took over as CEO, replacing Jorma Ollila[cq]. He had a tough act to follow. Ollila was so beloved, that some people called for him to run for president of Finland.

Nokia declined to comment on the report. The Wall Street Journal cited unnamed people who said the company had launched a search for a new CEO.

Jefferies Enhances Global Equity Research Management Team

Richard Taylor Joins as Head of International Equity Research and Robert Fagin
as Co-Director of US Equity Research
NEW YORK & LONDON–(Business Wire)–
Jefferies announced today the hiring of Richard Taylor as Head of International
Equity Research in London and Robert Fagin as Co-Director of US Equity Research
in New York. Mr. Taylor will lead Jefferies` equity securities research effort
in Europe and Mr. Fagin will partner with Susan Gilbertson, Co-Director of US
Equity Research, in leading the firm`s US equity research.

“We are very pleased to welcome Richard and Robert to Jefferies,” commented
Steven R. Black, Global Head of Equity Research at Jefferies. “Their significant
experience and outstanding reputations make them key additions to our
established equity research effort. These additions demonstrate Jefferies`
commitment to providing our institutional clients with high-quality, independent
equity research on a global basis.”

Jason Griffith, Global Head of Equities at Jefferies, said, “These appointments
enhance the leadership of our equity research offering and are further
confirmation of our commitment to delivering high-quality equity research
globally. Steve, Susan, Robert and Richard, together with our team of 64 senior
equity research analysts worldwide covering nearly 1,000 companies, will
continue to enable Jefferies to provide our institutional clients with valuable
insight and perspective.”

Jefferies` research analysts consistently rank among the top industry
professionals, capturing 31 analyst awards year-to-date in 2010, including
honors from The Wall Street Journal “Best on the Street” Analyst Survey,
Institutional Investor, Forbes.com / Zacks Investment Research and Financial
Times / StarMine. Jefferies and its affiliates have more than 180 equity and
leveraged finance research professionals globally covering over 1,300 companies
in the areas of aerospace & defense, clean technology, consumer, energy,
financial services, gaming & leisure, healthcare, industrials, maritime, media &
entertainment, real estate, technology, telecommunications and utilities.

Mr. Taylor brings to Jefferies more than 25 years of industry experience,
including the most recent 13 years at Citigroup, where he was most recently
Managing Director and Head of European Equity Research. Previously, Mr. Taylor
was a Deputy Managing Director at Natwest Markets and Head of European Equity
Research. He received a BA from the University of Oxford in Philosophy, Politics
& Economics.

Mr. Fagin was most recently Associate Director of Equity Research at Banc of
America Securities, where he worked for five years. Prior to that, he was a
Managing Director and Senior Research Analyst covering the Telecommunications
sector at Bear Stearns, and a Director and Senior Analyst at CIBC Oppenheimer
covering the Software sector.

Jefferies, a global securities and investment banking firm, has served companies
and their investors for more than 48 years. Jefferies & Company, Inc. is the
principal US operating subsidiary of Jefferies Group, Inc. (NYSE: JEF:
www.jefferies.com), and Jefferies International Limited is the principal UK
operating subsidiary. Jefferies International Limited, a UK-incorporated
company, is authorised and regulated by the UK Financial Services Authority.

Jefferies
Tom Tarrant, +1 203 708 5989
ttarrant@jefferies.com
or
Desiree Maghoo, 44 20 7029 8085
dmaghoo@jefferies.com
or
CJP Communications
Josh Passman, +1 212 279 3115, x203
jpassman@cjpcom.com

Copyright Business Wire 2010

Market Chatter — Corporate finance press digest

July 19 (Reuters) – The following corporate finance-related stories were reported by media on Monday:

* Australia’s Sigma Pharmaceuticals (SIP.AX) has received three bids for its Herron drugs arm and three bids for its Orphan Australia drugs business, as it seeks an improved bid from South Africa’s Aspen Pharmacare (APNJ.J), a newspaper reported on Monday. [ID:nSGE66H02D]

* Indian energy major Reliance Industries (RELI.BO) is in talks with Texas-based Quicksilver Resources (KWK.N), including for a possible buyout of the U.S. firm that develops shale gas and coal-bed methane, the Daily News & Analysis reported. [ID:nSGE66I03L]

* Emirates Telecommunications Corp ETEL.AD (Etisalat) is close to buying a 26 percent stake in No. 2 Indian telecoms firm Reliance Communications (RLCM.BO), the Financial Times reported, citing people familiar with the negotiations. [ID:nBMA008020]

* Morgan Stanley (MS.N) has sold a serviced apartment project in Pudong for 1.2 billion yuan ($177 million), making it the second-largest residential deal in Shanghai so far this year, the South China Morning Post reported on Monday. [ID:nTOE66I00Z]

* British technology company Metalysis is in talks with potential partners over a 70 million pound ($107.4 million) plan to build the world’s first low-cost titanium plant, the Financial Times said. [ID:nLDE66I00J]

* French energy group GDF Suez (GSZ.PA) is working on a 6.4 billion pound ($9.8 billion) cash bid for Britain’s International Power (IPR.L), in the latest twist in a long-running courtship, the Mail on Sunday said. [ID:nLDE66H055]

* Motorola Inc (MOT.N) is close to selling most of its wireless-network equipment business to Nokia Siemens Networks [NOKI.UL] for $1.2 billion, the Wall Street Journal reported on Sunday, citing people familiar with the matter. [ID:nN18175498]

* BP Plc (BP.L) has started canvassing shareholders about a restructuring in the wake of its Gulf of Mexico oil spill which could include a break up of the business, the Sunday Times reported. [ID:nLDE66H072]

* Brunei investment firm BMB Group is considering a bid for Club Med (CMIP.PA) that would value the French-listed holiday firm at about 800 million euros ($1 billion), the Sunday Times reported. [ID:nLDE66H050] (Compiled by Anirban Sen in Bangalore)

‘Inception’ makes dream debut atop box office

July 18 (Reuters) – So what if “Inception” is incomprehensible?

The costly sci-fi thriller opened at No. 1 at the weekend box office in North America on Sunday, pulling in $60.4 million from moviegoers happy to be vexed by one of the few big original pictures of the summer, according to estimates issued by distributor Warner Bros. Pictures.

The movie, starring Leonardo DiCaprio as a thief who steals secrets from deep within people’s subconscious, was directed by Christopher Nolan, the British filmmaker responsible for the last two “Batman” movies.

Warner Bros., a unit of Time Warner Inc (TWX.N), partnered on the $160 million project with studio-based financier Legendary Pictures, and they spent more than $100 million on the marketing. Pundits had forecast an opening in the $50 million to $60 million range.

Critics heaped praise on the movie, even if many of them were not exactly sure what it was about, or advised that it might require multiple viewings.

In a caustic review, the Wall Street Journal suggested “Inception” was “impervious to criticism, simply because no one short of a NASA systems analyst will be able to articulate the plot.”

The weekend’s other big new release failed to whip up much magic: “The Sorcerer’s Apprentice” came in at No. 3 with just $17.4 million. After getting a two-day head start by opening on Wednesday, the Walt Disney Co (DIS.N) live-action release has earned $24.5 million to date. Pundits had forecast a $30 million haul for the first five days.

The Nicolas Cage fantasy reportedly cost about $150 million to make, though Disney never confirms budgets. Critics ripped the movie, and there was reportedly little pre-opening awareness among moviegoers.

Last weekend’s champion, the family cartoon “Despicable Me,” slipped to No. 2, but sales data were not immediately available from its distributor, General Electric Co’s (GE.N) Universal Pictures.

(Reporting by Dean Goodman; Editing by Doina Chiacu)

UPDATE1-Private equity considers bidding for NBTY – source

NEW YORK, July 14 (Reuters) – Private equity firms Blackstone Group LP (BX.N) and Carlyle may acquire U.S. nutritional supplements maker NBTY Inc (NTY.N), a source familiar with the situation said on Wednesday.

The private equity firms are working separately from each other, not as a consortium, the source said. It was unclear how advanced the plans were.

News of a potential deal was earlier reported by the Wall Street Journal which said Blackstone and Carlyle are in talks to buy the firm.

The companies could not be immediately reached for comment by Reuters outside regular U.S. business hours.

NBTY, which has a market value of about $2.3 billion, posted a quarterly profit in April and missed market expectations by a wide margin, hurt by increased spending on television advertising.

Private equity deals, put on hold when the credit crisis shut off access to cheap debt, have been making a revival.

Earlier in July, BC Partners [BCPRT.UL] and Silver Lake Partners [SILAK.UL] announced a deal to buy U.S. healthcare services firm MultiPlan from two other buyout shops. That deal was worth about $3.1 billion, sources said at the time.

(Reporting by Megan Davies in New York and Sakthi Prasad in Bangalore; Editing by Valerie Lee)

Germany Considers Environmental Tax on Air Travel

In a bid to encourage more environmentally friendly travel and bolster its coffers, Germany will reportedly begin charging airline passengers up to 26 euros ($33) for flights taking off in the country.

The travel industry is howling in protest at a report today from the Associated Press, which obtained a draft bill that calls for a 13 euro surcharge for flights up to 1,553 miles, and 26 euros for longer flights.

The tax, called an “incentive for environmentally friendly behavior,” could generate 1 billion euros annually beginning in 2011.

“The air traffic tax means exporting German jobs and weakening Germany as a place to do business,” Deutsche Lufthansa AG Spokesman Peter Schneckenleitner told the AP.

It isn’t the first time European governments have sought to reduce greenhouse gas emissions by targeting travel behavior. Travel-related emissions were cited as one reason why the U.K. government scrapped plans to build a third runway at busy Heathrow airport. There will also be no additional runways built at alternatives Stansted and Gatwick airports.

“Air transport and airport infrastructure are vital for the UK’s international connectivity and prosperity,” Simon Godfrey-Arnold, an aviation expert with the lobby group Institute of Civil Engineers, told Reuters. “As a trading island nation and popular tourist destination we depend on our ability to connect with the rest of the world.”

The U.K. has a goal of reducing its carbon footprint 34 percent below 1990 levels by 2020. The European Union’s collective 2020 goal calls for members to reduce total emissions by 20 percent below 1990 levels, with the possibility of raising this to 30 percent if other countries adopt more stringent targets.

The Wall Street Journal reported a concerted push by the U.K., France and Germany to increase the 2020 target to 30 percent in order to spark more low carbon investment.

UPDATE1-Private equity considers bidding for NBTY – source

NEW YORK, July 14 (Reuters) – Private equity firms Blackstone Group LP (BX.N) and Carlyle may acquire U.S. nutritional supplements maker NBTY Inc (NTY.N), a source familiar with the situation said on Wednesday.

The private equity firms are working separately from each other, not as a consortium, the source said. It was unclear how advanced the plans were.

News of a potential deal was earlier reported by the Wall Street Journal which said Blackstone and Carlyle are in talks to buy the firm.

The companies could not be immediately reached for comment by Reuters outside regular U.S. business hours.

NBTY, which has a market value of about $2.3 billion, posted a quarterly profit in April and missed market expectations by a wide margin, hurt by increased spending on television advertising.

Private equity deals, put on hold when the credit crisis shut off access to cheap debt, have been making a revival.

Earlier in July, BC Partners [BCPRT.UL] and Silver Lake Partners [SILAK.UL] announced a deal to buy U.S. healthcare services firm MultiPlan from two other buyout shops. That deal was worth about $3.1 billion, sources said at the time.

(Reporting by Megan Davies in New York and Sakthi Prasad in Bangalore; Editing by Valerie Lee)

Facebook Sued: Man Claims 84% Ownership

Another friend has come out of the woodwork for Mr. Mark Zuckerberg; a friend claiming he owns 84% of Zuckerberg’s company, Facebook. You may have heard of it. The lawsuit, filed in a New York State court, claims a contract exists that gives plaintiff Paul Ceglia, a majority share of the company. The court has issued a restraining order preventing Facebook from selling off or transferring assets.

According to the Wall Street Journal, Ceglia’s suit claims he signed a contract with Zuckerberg in April, 2003, to develop and design a website. For Zuckerberg’s services, Ceglia would pay $1,000 and get a 50% stake in the product. The contract also stipulated that Ceglia would get an additional 1% interest in the business for every day after Jan. 1, 2004, until it was completed. The site, was to be called something akin to “TheFacebook.”

In their early incarnations, businesses often offer a piece of the company to investors in return for the seed money that will enable them to grow or sometimes just survive. As in the Facebook case, this can lead to ownership disputes at a later stage, when the company has proven successful. Depending on what form a business takes (corporation, partnership, etc.) the type of business form chosen may help the founders keep control of a business. For example, in a limited liability partnership (LLP), only general partners exercise management control. Partnerships and LLCs are often financed with contributions and loans from partners (or members) and others.

In addition, as is illustrated by the Facebook case, the instrument (contract) outlining the investment and the expectations of the parties is very, very important. In this case, the Journal writes that the date of the contract appears to conflict with previous accounts of the creation of the company. Zuckerberg was said to have built a predecessor to Facebook called Facemash in October and November 2003. In addition, contract itself was unusual according to the Journal, because it doesn’t clearly state what else Zuckerberg would have gotten from Mr. Ceglia aside from $1,000.

Further, the ownership case here also has to face two other major hurdles. One is drawing a direct line from the entity contracted-for back in 2003 and the actual company in existence today. Second, experts have told the Journal the statute of limitations (the time in which you may bring a suit) on contract disputes has run. Victor P. Goldberg, professor of contract law at Columbia, told the Journal it is six years in the state of New York. The suit was filed June 30, 2010, which is just over seven years after the contract for the very first not-quite-Facebook was supposedly signed.

Related Resources:

* Man Claims Ownership of Facebook (Wall Street Journal)
* Man Claims He Owns 84% Of Facebook (BusinessInsider)
* How to Choose a Legal Structure (FindLaw)
* Contract Terms Checklist (FindLaw)
* Time Limits for Bringing a Case: The “Statute of Limitations” (FindLaw)
* Busniess Formation (provided by Kaplan & Associates, L.L.P.)
* Business Organization and Transactions News (provided by Kaufman, Miller & Sivertsen, P.C.)

Market Chatter — Corporate finance press digest

July 13 (Reuters) – The following corporate finance-related stories were reported by media on Tuesday:

* Four Chinese groups have approached American International Group (AIG.N) about buying AIA, its main Asian unit that it is selling to repay the U.S. government for a bailout during the financial crisis, Hong Kong media reported on Tuesday. [ID:nTOE66C00I]

* Avis Budget Group Inc will top rival Hertz Global Holdings Inc’s (HTZ.N) $1.2 billion bid for Dollar Thrifty Automotive Group Inc (DTG.N), according to the Wall Street Journal. [ID:nN12210161]

* Japanese regulators may move forward with its antitrust review of BHP Billiton (BHP.AX) (BLT.L) and Rio Tinto Group’s (RIO.AX) (RIO.L) plan to integrate their Australian iron ore operations, the Nikkei business daily reported. [ID:nSGE66B0IH]

* Billionaire investor Nelson Peltz is seeking to raise $1.5 billion for a fund meant to buy minority stakes in public companies, Bloomberg said on Monday, citing two people with direct knowledge of his plans. [ID:nN12213161] (Compiled by Anirban Sen in Bangalore)

Market Chatter — Corporate finance press digest

July 14 (Reuters) – The following corporate finance-related stories were reported by media on Wednesday:

* Major shareholders of South Korea’s Hynix Semiconductor (000660.KS) have proposed that LG Group take over 5 percent of the firm as they seek to sell down their stakes in the world’s No.2 memory chipmaker, a report said on Wednesday. [ID:nTOE66D00P]

* Industrial and Commercial Bank of China (0349.HK)(601398.SS) aims to acquire a controlling stake in French insurer AXA’s (AXAF.PA) Chinese insurance unit, the official Securities News reported. [ID:nTOE66C08Y]

* China’s Shougang Group (000959.SZ) is expected to complete a deal to take over Tonghua Iron & Steel Group as soon as this week, the China Securities Journal cited sources as saying in a report. [ID:nTOE66D01U]

* Indian energy major Reliance Industries (RELI.BO) is close to acquiring a stake in a shale gas asset in North America, which will be its third such buy this year, local newspapers reported. [ID:nSGE66D02Y]

* Nokia Siemens Networks is in talks to buy the telecom-equipment arm of Motorola Inc (MOT.N), according to the Wall Street Journal. [ID:nN1391664]

* Restaurant operator Royal Holdings Co (8179.T) and trading house Sojitz Corp (2768.T) are among the potential buyers of Japan Airlines Corp’s (JALFQ.PK) in-flight meal business, the Nikkei business daily reported. [ID:nSGE66C0IJ]

* Private equity shop Leonard Green & Partners is putting Leslie’s Poolmart Inc [LESLPL.UL], the largest swimming-pool supplies retailer in the United States, up for sale for more than $1 billion. [ID:nN1356771] (Compiled by Anirban Sen in Bangalore)

Former Pfizer Senior Vice President Named CEO of Berlin Pharmaceutical Industry in a Partnership to Diversify and Expand Company Business in Asia

BANGKOK, July 14 /PRNewswire/ — Berlin Pharmaceutical Industry Co., Ltd., Thailand’s leading manufacturer and marketer of generic pharmaceuticals, named Amal Naj, a former Senior Vice President of New York-based Pfizer Inc., Chief Executive Officer and a member of the Board.

In addition, Berlin announced that it will partner with a newly established U.S.-based company, Paradigm Pharma, headed by Mr. Naj, to expand and diversify business in Thailand and key markets in Asia.

Mr. Naj is no stranger to Asia. Prior to his last position at Pfizer in New York, he was Country Manager of Pfizer Thailand and Indochina, a post he assumed in 2000. He is credited with restructuring and turning around Pfizer’s Thailand and Indochina operations and rapidly growing the business to its No. 1 position during his tenure. He joined Pfizer in 1997 after a long career as a journalist on the staff of the Wall Street Journal, where he covered steel, autos, and science and technology.

“We are very pleased to have Amal join us and lead Berlin into the next phase of the company’s growth,” said Dr. Termchai Chainuvati, Chairman. “He brings a wealth of experience, expertise, and knowledge of the region to help the company achieve its long term objectives,” he said. “Berlin is, and has been, a very successful company, and to continue to grow we must adopt new thinking and new strategies in a changing healthcare environment.”

Mr. Naj said, “Berlin is one of the most respected pharmaceutical companies in Thailand and stands in very high regard with the medical community. I am proud to be part of such a company.”

“It is also a great opportunity for me to partner with Berlin at a time the healthcare landscape is going through a massive change in Asia and rest of the world,” said Mr. Naj. “Governments are pushing to lower healthcare costs, and patients are demanding greater access to medicine and better care overall. At the same time, a vast number of drugs in wide ranging therapies—for treating infections, pain, diseases of the heart, and neurological disorders, among others—are losing their patents and becoming available to be manufactured by any company,” said Mr. Naj.

“It is truly a golden era for the patient in terms of being able to access medicines at affordable prices,” said Mr. Naj, “and it has created new opportunities for companies such as Berlin with a long record for high quality and low cost manufacturing.”

“We are witnessing a very interesting development in the pharmaceutical industry that favors strong generics companies. For the first time, large research-based pharmaceutical companies are entering the generics business in Asia and other emerging markets because their R&D investments haven’t produced many new innovative products. In a previously unthinkable trend, they are even copying each others’ patent-expired products to bolster their dwindling revenue base back home. In coming years, the once pricy medicines will take on the aura of commodity, manufactured in low-cost locations in the very backyards of local companies where they will be competing.”

“This trend is giving generics, especially local generics, the legitimacy—the perception of quality—they have lacked in the past,” said Mr. Naj. “But the commoditization of a vast number of these pharmaceutical products also means that competing on quality and cost alone will not be enough for any company small or large to succeed in the future. A successful company with staying power will have to offer the patient something more,” he said.

“Berlin was founded 78 years ago by a visionary, a doctor who often paid bus fare to the patient so that the patient could come back to complete the treatment. That is a very good foundation on which to build in the emerging healthcare environment”

Berlin manufactures and markets products mainly for treating cardiovascular (CV), metabolic, gastrointestinal (GI) diseases and ailments, and it is a market leader in many of these products. It employs 550 people.

UPDATE 1-Toyota blames driver error for some unwanted speeding

TOKYO/WASHINGTON, July 14 (Reuters) – Toyota Motor Corp (7203.T) said on Wednesday its investigation of nearly 2,000 cases of unintended acceleration had found no problem with its electronic throttle system, and that driver error was to blame in some cases.

The world’s top automaker made the statement after a Wall Street Journal report that early results of the U.S. government’s analysis of dozens of data recorders from Toyota vehicles suggested that some drivers were at fault in cases of sudden acceleration.

Citing people familiar with the unreleased results of the U.S. Department of Transportation’s tests, the paper said some drivers who said their Toyotas or Lexuses surged out of control might have pushed the accelerator when they meant to brake.

The Department of Transportation would not confirm the report.

Toyota said the National Highway Traffic Safety Administration (NHTSA) had not reported details of its findings to Toyota. It said Toyota had also concluded that “pedal misapplication” was shown to be the cause in some cases of unwanted speeding.

Toyota has provided NHTSA with 10 event data recorders, and four recorders to Canadian authorities, and all of its findings from the 2,000 on-site inspections, Toyota spokesman Mike Michels said.

NO CONCLUSION EXPECTED FOR MONTHS

U.S. regulators are investigating whether there are problems with Toyota’s electronic throttles, and whether any glitches have played a role in unintended acceleration complaints. As many as 89 crash deaths have been reported since 2000 as possibly being linked to unintended acceleration in Toyota cars.

NHTSA has enlisted space agency experts to look at the software-driven throttles. The safety agency will also tap the expertise of an independent scientific panel, which is studying the matter separately.

Conclusions are not expected for months.

In years of reviewing unintended acceleration in Toyota vehicles, NHTSA has never found a link to electronic throttles. Toyota maintains its throttles are sound and blames unintended acceleration on floormats that can jam the accelerator pedal and pedals that would not spring back as designed.

Those equipment and mechanical problems were behind the worldwide recall of more than 8 million Toyota and Lexus vehicles in October 2009 and January 2010 for unintended acceleration.

Toyota faces a potential civil liability estimated at more than $10 billion from lawsuits sparked by complaints of runaway cars and trucks.

Shares in Toyota rose 4.6 percent on Wednesday morning in Tokyo, in line with a strong rise in other Japanese auto stocks.

“It’s basically the weaker yen,” said Hiroaki Kuramochi, chief equity marketing officer at Tokai Tokyo Securities. “Exporters and other auto shares are all pretty strong on this.”

He added: “The Toyota issue is pretty much worn out as a factor; it’s been priced in. This is especially true since some of it may have been a kind of Japan-bashing taken up as a political factor.” (Additional reporting by Elaine Lies in TOKYO, Soyoung Kim in DETROIT and Helen Chernikoff in NEW YORK; Editing by Michael Watson)

Florida banks seek reprieve from new capital rules-WSJ

(Reuters) – Banks in Florida are requesting that U.S. federal regulators exempt them from mandatory higher capital requirements because they are struggling to cope with the BP (BP.L)(BP.N) oil spill, the Wall Street Journal said.

On Monday, Florida Bankers Association President Alex Sanchez wrote to Federal Deposit Insurance Corp (FDIC) Chairman Sheila Bair and Federal Reserve Chairman Ben Bernanke requesting a reprieve, the Journal said.

Sanchez has asked that all local banks — already weakened by the real-estate crisis — be granted a twelve-month break from higher capital requirements, loan appraisals and new regulatory sanctions.

“Unless we work together in giving our banks more time to work through this oil crisis” more financial institutions will go under, Sanchez said in the letter, obtained by the Journal.

Following Hurricane Katrina in 2005, regulators granted banks in Louisiana, Alabama, Mississippi and Texas a three-year waiver from loan appraisal regulations but did not offer a full exemption from capital requirements, according to the paper.

“This oil spill crisis will decimate our communities, first in the Panhandle and then around the state as the oil spill spreads. Furthermore, no one knows how long this will last,” Sanchez said.

Florida Bankers Association could not immediately be reached for comment by Reuters outside regular U.S. business hours. (Reporting by Sakthi Prasad in Bangalore; Editing by Louise Heavens)

Spanish stocks – Factors to watch on Tuesday

July 13 (Reuters) – The following Spanish stocks may be affected by newspaper reports and other factors on Tuesday. Reuters has not verified the newspaper reports, and cannot vouch for their accuracy:

GENERAL ECONOMY:

Spain’s National Statistics Institute is due on Tuesday to publish final inflation data for June. A Reuters survey had predicted a 0.2 percent rise in consumer prices.

IBERIA (IBLA.MC)

Spain’s flagship airline, which is in the process of merging with British Airways (BAY.L), is due to publish its June traffic figures on Tuesday.

Separately, Wall Street Journal cited unnamed sources as saying that the European Union is likely to clear the commercial alliance between American Airlines, British Airways (BAY.L) and Iberia today, as Reuters reported last week [ID:nLDE6680WA].

GAS NATURAL (GAS.MC)

Spanish utility Gas Natural (GAS.MC) is selling one combined-cycle gas power plant and an option to buy another despite a glut of gas generation infrastructure in Spain. [ID:nLDE66B1W8]

TELEFONICA (TEF.MC)

The Spanish Telecom’s giant’s chairman Cesar Alierta speaks at a press conference at 0730 GMT in Madrid to promote the group’s products and applications for the health service.

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Market Chatter — Corporate finance press digest

July 13 (Reuters) – The following corporate finance-related stories were reported by media on Tuesday:

* Four Chinese groups have approached American International Group (AIG.N) about buying AIA, its main Asian unit that it is selling to repay the U.S. government for a bailout during the financial crisis, Hong Kong media reported on Tuesday. [ID:nTOE66C00I]

* Avis Budget Group Inc will top rival Hertz Global Holdings Inc’s (HTZ.N) $1.2 billion bid for Dollar Thrifty Automotive Group Inc (DTG.N), according to the Wall Street Journal. [ID:nN12210161]

* Japanese regulators may move forward with its antitrust review of BHP Billiton (BHP.AX) (BLT.L) and Rio Tinto Group’s (RIO.AX) (RIO.L) plan to integrate their Australian iron ore operations, the Nikkei business daily reported. [ID:nSGE66B0IH]

* Billionaire investor Nelson Peltz is seeking to raise $1.5 billion for a fund meant to buy minority stakes in public companies, Bloomberg said on Monday, citing two people with direct knowledge of his plans. [ID:nN12213161] (Compiled by Anirban Sen in Bangalore)