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CIBC loses billion-dollar suit to New York hedge fund over debt deals dating back to the 2008 U.S. housing crisis

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The CIBC headquarters in Toronto on Oct. 25, 2021.Evan Buhler/The Canadian Press

Canadian Imperial Bank of Commerce CM-T could be forced to pay more than US$1-billion in damages after being found liable for losses incurred by a New York hedge fund over two debt deals dating back to the 2008 U.S. housing crisis.

CIBC said Friday it intends to appeal the decision handed down by a New York State court late Thursday, which found the bank liable for damages in a case filed by Cerberus Capital Management LP in November, 2015.

While the court has not determined the exact amount the bank will have to pay, Cerberus has claimed damages of nearly US$1.1-billion, though CIBC said it will “vigorously dispute” that figure at a Dec. 19 hearing. CIBC said it expects to record a charge against its earnings for the first quarter of 2023, which began Nov. 1. The amount of the estimated loss “will be informed by developments in the quarter.”

The ruling marks the second time in as many months that a major Canadian bank has faced a billion-dollar charge against earnings after losing a years-long legal battle.

A jury in a Minnesota bankruptcy court found the U.S. arm of Bank of Montreal was liable in early November for US$564-million in damages related to a nearly $2-billion Ponzi scheme, one of the largest-ever frauds of that kind. BMO also said it planned to appeal the decision, though also took a $1.1-billion charge at the time.

Cerberus, a New York-based hedge fund, alleged CIBC defaulted on payments related to a limited recourse note the bank issued in 2008, as well as a related transaction in 2011. Limited recourse notes are a type of debt instrument that combines elements of preferred shares and traditional corporate bonds to provide fixed-income investors with higher yields.

According to CIBC’s public filings, the two transactions with Cerberus “significantly reduced CIBC’s exposure to the U.S. residential real estate market.”

The ruling handed down Thursday was the second financial blow to CIBC in less than 24 hours. Earlier on Thursday, the bank reported fourth-quarter results that fell short of analyst expectations, with profit down 18 per cent on a year-over-year basis as costs rose 10 per cent over the same period.

Four of the 16 analysts who cover CIBC downgraded the stock to the equivalent of a hold and cut their share price targets in the hours after the release of its fourth-quarter results.

Like BMO, CIBC had not made any provisions for a potential loss as the court case proceeded. In CIBC’s statement Friday, the bank said that was because “it believed it was more likely than not to prevail at trial.”

However, CIBC said it included “a material amount” for the Cerberus matter in a disclosure in its financial statements about the range of reasonably possible losses for all its legal claims, from zero to about $1.5-billion as of Oct. 31.

That disclosure said CIBC had $275-million in total provisions for all its legal matters as of Oct. 31.

According to International Accounting Standard 37, which governs how public companies are to handle provisions, there are “rare cases, for example in a lawsuit,” in which companies can argue a provision is not required. To do so, the company must “take account of all available evidence,” including the opinions of outside experts, to determine which outcome is most likely.

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Japan’s SoftBank returns to profit after gains at Vision Fund and other investments

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TOKYO (AP) — Japanese technology group SoftBank swung back to profitability in the July-September quarter, boosted by positive results in its Vision Fund investments.

Tokyo-based SoftBank Group Corp. reported Tuesday a fiscal second quarter profit of nearly 1.18 trillion yen ($7.7 billion), compared with a 931 billion yen loss in the year-earlier period.

Quarterly sales edged up about 6% to nearly 1.77 trillion yen ($11.5 billion).

SoftBank credited income from royalties and licensing related to its holdings in Arm, a computer chip-designing company, whose business spans smartphones, data centers, networking equipment, automotive, consumer electronic devices, and AI applications.

The results were also helped by the absence of losses related to SoftBank’s investment in office-space sharing venture WeWork, which hit the previous fiscal year.

WeWork, which filed for Chapter 11 bankruptcy protection in 2023, emerged from Chapter 11 in June.

SoftBank has benefitted in recent months from rising share prices in some investment, such as U.S.-based e-commerce company Coupang, Chinese mobility provider DiDi Global and Bytedance, the Chinese developer of TikTok.

SoftBank’s financial results tend to swing wildly, partly because of its sprawling investment portfolio that includes search engine Yahoo, Chinese retailer Alibaba, and artificial intelligence company Nvidia.

SoftBank makes investments in a variety of companies that it groups together in a series of Vision Funds.

The company’s founder, Masayoshi Son, is a pioneer in technology investment in Japan. SoftBank Group does not give earnings forecasts.

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Yuri Kageyama is on X:

The Canadian Press. All rights reserved.

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Trump campaign promises unlikely to harm entrepreneurship: Shopify CFO

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Shopify Inc. executives brushed off concerns that incoming U.S. President Donald Trump will be a major detriment to many of the company’s merchants.

“There’s nothing in what we’ve heard from Trump, nor would there have been anything from (Democratic candidate) Kamala (Harris), which we think impacts the overall state of new business formation and entrepreneurship,” Shopify’s chief financial officer Jeff Hoffmeister told analysts on a call Tuesday.

“We still feel really good about all the merchants out there, all the entrepreneurs that want to start new businesses and that’s obviously not going to change with the administration.”

Hoffmeister’s comments come a week after Trump, a Republican businessman, trounced Harris in an election that will soon return him to the Oval Office.

On the campaign trail, he threatened to impose tariffs of 60 per cent on imports from China and roughly 10 per cent to 20 per cent on goods from all other countries.

If the president-elect makes good on the promise, many worry the cost of operating will soar for companies, including customers of Shopify, which sells e-commerce software to small businesses but also brands as big as Kylie Cosmetics and Victoria’s Secret.

These merchants may feel they have no choice but to pass on the increases to customers, perhaps sparking more inflation.

If Trump’s tariffs do come to fruition, Shopify’s president Harley Finkelstein pointed out China is “not a huge area” for Shopify.

However, “we can’t anticipate what every presidential administration is going to do,” he cautioned.

He likened the uncertainty facing the business community to the COVID-19 pandemic where Shopify had to help companies migrate online.

“Our job is no matter what comes the way of our merchants, we provide them with tools and service and support for them to navigate it really well,” he said.

Finkelstein was questioned about the forthcoming U.S. leadership change on a call meant to delve into Shopify’s latest earnings, which sent shares soaring 27 per cent to $158.63 shortly after Tuesday’s market open.

The Ottawa-based company, which keeps its books in U.S. dollars, reported US$828 million in net income for its third quarter, up from US$718 million in the same quarter last year, as its revenue rose 26 per cent.

Revenue for the period ended Sept. 30 totalled US$2.16 billion, up from US$1.71 billion a year earlier.

Subscription solutions revenue reached US$610 million, up from US$486 million in the same quarter last year.

Merchant solutions revenue amounted to US$1.55 billion, up from US$1.23 billion.

Shopify’s net income excluding the impact of equity investments totalled US$344 million for the quarter, up from US$173 million in the same quarter last year.

Daniel Chan, a TD Cowen analyst, said the results show Shopify has a leadership position in the e-commerce world and “a continued ability to gain market share.”

In its outlook for its fourth quarter of 2024, the company said it expects revenue to grow at a mid-to-high-twenties percentage rate on a year-over-year basis.

“Q4 guidance suggests Shopify will finish the year strong, with better-than-expected revenue growth and operating margin,” Chan pointed out in a note to investors.

This report by The Canadian Press was first published Nov. 12, 2024.

Companies in this story: (TSX:SHOP)

The Canadian Press. All rights reserved.

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RioCan cuts nearly 10 per cent staff in efficiency push as condo market slows

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TORONTO – RioCan Real Estate Investment Trust says it has cut almost 10 per cent of its staff as it deals with a slowdown in the condo market and overall pushes for greater efficiency.

The company says the cuts, which amount to around 60 employees based on its last annual filing, will mean about $9 million in restructuring charges and should translate to about $8 million in annualized cash savings.

The job cuts come as RioCan and others scale back condo development plans as the market softens, but chief executive Jonathan Gitlin says the reductions were from a companywide efficiency effort.

RioCan says it doesn’t plan to start any new construction of mixed-use properties this year and well into 2025 as it adjusts to the shifting market demand.

The company reported a net income of $96.9 million in the third quarter, up from a loss of $73.5 million last year, as it saw a $159 million boost from a favourable change in the fair value of investment properties.

RioCan reported what it says is a record-breaking 97.8 per cent occupancy rate in the quarter including retail committed occupancy of 98.6 per cent.

This report by The Canadian Press was first published Nov. 12, 2024.

Companies in this story: (TSX:REI.UN)

The Canadian Press. All rights reserved.

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