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In today’s edition, we have a scoop on the agency, under pressure from fellow regulators, punting on͏‌  ͏‌  ͏‌  ͏‌  ͏‌  ͏‌ 
 
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July 25, 2023
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Business

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Liz Hoffman
Liz Hoffman

Hi and welcome back to Semafor Business.

Finance used to be a simple, well-ordered place. Banks lent money. Asset managers bought stocks and bonds. Commodities were things you could build with or eat.

Those lines are increasingly blurry, and it’s testing a decades-old legal framework for how markets function. The biggest mortgage lender isn’t a bank. One of the largest insurers is actually a private-equity firm. Funds are lenders and banks are wealth managers. The Securities and Exchange Commission thinks cryptocurrencies are securities, and is suing to prove it.

The $1.4 trillion syndicated loan market shows that shift, and how regulators are grappling with it. Today we have the scoop on why the SEC, for once, backed down from a fight.

Plus, UPS caves to the Teamsters, and a former Biden economic adviser says the Fed, gearing up for another rate hike this week, is “chasing yesterday’s problem.”

Buy/Sell
Reuters/Brendan McDermid

➚ BUY: Shipping. UPS and the Teamsters reached a deal for a five-year labor contract, averting a strike that would have started next week. It includes better benefits, an end to two-tiered wage systems, and air conditioning in delivery trucks. The last walkout, in 1997, cost the company $850 million.

➘ SELL: Streaming. Spotify shares are down 13% this morning after announcing a $330 million quarterly loss. It’s unwinding its investments in original podcasts and hoping higher prices — $1 more a month in the U.S. as of yesterday — will turn it profitable.

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Semafor Stat

Existing trademarks for X, some held by rivals of the company formerly known as Twitter, including Microsoft and Meta. “There’s a 100% chance that Twitter is going to get sued over this,” one trademark lawyer told Reuters.

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Liz Hoffman

Gary Gensler’s $1.4 trillion punt

THE SCOOP

U.S. securities regulators were preparing to slap new regulations onto $1.4 trillion in corporate loans but backed down last week under quiet pressure from the Federal Reserve and U.S. Treasury.

The Securities and Exchange Commission shelved a legal brief that would have required bank loans to carry the same kind of disclosures as stocks and bonds, people familiar with the matter said.

Behind the scenes, Fed and Treasury officials urged SEC Chair Gary Gensler to reconsider his position, the people said. Sweeping corporate loans into the nation’s rubric of securities laws would roil already-shaky debt markets, they argued.

The result: The SEC stood down, declining in federal court last week to weigh in on whether loans should be treated as securities, a designation that comes with sweeping public disclosures and opens companies and their bankers up to lawsuits.

The punt surprised Wall Street banks, which had been lobbying Washington to stay out of the fray. And it was a rare pullback from Gensler, who has deemed crypto tokens as securities and claimed jurisdiction over corporate CO2 emissions.

Representatives for the SEC and the Fed declined to comment. Treasury didn’t respond to a request for comment.

Reuters/Jonathan Ernst

LIZ’S VIEW

I don’t know whether loans are securities. They are more widely held and more actively traded than the original laws assumed, and have at least as much resemblance to bonds as crypto tokens do to stocks. If it quacks…

On the other hand, there have always been different rules for “big boy” transactions between sophisticated parties. And with corporate defaults poised to rise, reclassifying trillions of dollars of loans would give investors a legal escape hatch from their own bad decisions.

But if anyone should have a view on whether something is a security, it’s the SEC. It’s right there in the name. Gensler has taken an expansive view of his agency’s remit, making jurisdictional land grabs on everything from crypto to climate emissions.

His deference here is puzzling, and leaves the question in the hands of a non-expert federal judge with unpredictable consequences for a market that companies count on for funds.

For Room for Disagreement and the rest of the story, read here.

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Evidence

Self-storage rents are plummeting from pandemic highs. Credit a (slowly) cooling home-sales market and the fact that everyone who wanted to clear out that corner of the basement for a home gym/office has already done it.

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One Good Text

Jennifer Harris was the senior director for international economics at the National Security Council under President Joe Biden.

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Watchdogs
  • Long arc of justice: UBS was fined $387 million by American and British regulators for Credit Suisse’s bungling of the Archegos mess in 2021. UBS bought its ailing Swiss rival this spring and has been cleaning up (and paying for) its years of mismanagement.
  • Fed’s up: Another 25-basis-point increase in interest rates is expected Wednesday, and the first of new bank rules that would require higher financial cushions are expected as soon as Thursday.
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  • Artificial intelligence created his job and it might one day take it away.
  • Why the Robert F. Kennedy Jr. boomlet is over.
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