Introduction to the Credit Crisis

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Introduction to the Credit Crisis Louie Castoria Wilson Elser San Francisco Wilson Elser Moskowitz Edelman & Dicker LLP

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Introduction to the Credit Crisis. Louie Castoria Wilson Elser San Francisco. Wilson Elser Moskowitz Edelman & Dicker LLP. The Credit Crisis. How do we know there is one?. What’s a dollar worth?. Cost in U.S. Dollars to Buy a Euro. What’s a dollar worth?. 3. The Credit Crisis. - PowerPoint PPT Presentation

Transcript of Introduction to the Credit Crisis

Page 1: Introduction to the Credit Crisis

Introduction to the Credit Crisis

Louie CastoriaWilson Elser San Francisco

Wilson Elser Moskowitz Edelman & Dicker LLP

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The Credit Crisis

What’s a dollar worth?

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How do we know there is one?

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What’s a dollar worth?

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Cost in U.S. Dollars to Buy a Euro

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The Credit Crisis

What’s your house worth?

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How do we know there is one?

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The Credit Crisis

How are financial sector stocks doing?

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How do we know there is one?

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How are financial sector stocks doing?

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XLF Financial Select Sector SPDR ETF

DJIA

XLF

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The Credit Crisis

How have international financial institutions been hit?

Credit Suisse$2

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Royal Bank of Scotland$2.6

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

IKB$2.6

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Barclay’s$2.6

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Bayern$3.2

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Bank of America$5.3

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Deutsche Bank$7.1

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Morgan Stanley$9.4

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

HSBC$17.2

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Citigroup$21.1

Billion

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How do we know there is one?

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The Credit Crisis

How have international financial institutions been hit?

Merrill Lynch$22

Billion

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How do we know there is one?

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The Credit Crisis

THE BIGGEST LOSER (so far):

UBS

$37.4 Billion

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How do we know there is one?

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The Credit Crisis

By ignoring the fundamentals• Lender discipline• Borrower ability to pay• Loan servicing standards• Fiscal Responsibility

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How’d We Get Here?

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The Credit Crisis

The same way we always doSome trips down memory lane…• 1986 Tax Reform Act• Savings & Loan• “Irrational Exuberance” in Tech

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How’d We Get Here?

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The Credit Crisis

1986 Tax Reform Act• Took away the tax benefits in existing real

estate limited partnerships• Led to thousands of investor lawsuits, a drop

in the real estate market, and . . .

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How’d We Get Here?

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The Credit Crisis

Savings & Loan• $160 Billion impact• $124.6 Billion paid by US

Government• Cut in half the number of new

home starts from 1986-1991

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How’d We Get Here?

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The Credit Crisis

The Tech MeltdownMarch 2000 to March 2002

NASDAQ fell from 5,048 to 1,800, a 64% drop.

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How’d We Get Here?

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The Tech Meltdown

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01/01/1998 01/03/2003

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What is “Subprime?”

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Terminology “Collateralized Debt Obligations”

A type of asset-backed security, constructed from a portfolio of fixed-income assets. The assets are classified in three levels or “tranches”: AAA-rated (or “senior”), AA to BB-rated (or “mezzanine”), and Unrated (or “equity”).

CDOsOr “Goldibucks and the Three

Tranches”

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Terminology “Special Purpose Vehicles”

A CDO starts with the creation of a “Special Purpose Vehicle.” The SPV is typically an offshore Trust, and so a law firm is involved in its creation. It also needs a Trustee (often a bank) and an accounting firm.

SPVs

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Terminology “Tranches” of bonds

The SPV issues three kinds of bonds and equity securities:

• AAA-rated bonds (“senior” - paid first)

• Lower-rated bonds (“mezzanine” paid after senior)

• Unrated bonds (“equity” – you’re kidding, right?)

Senior, Mezzanine and Equity

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Terminology A CDO needs an

“underwriter,” to select the debtor-equity ratio, design the tranches, and set the prices on the coupons for investors in the equity notes. The underwriter is typically an investment bank.

Underwriter

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Terminology A CDO needs an “asset

manager” to select the initial assets of the CDO and continually manage them throughout its life.

Asset Manager

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TerminologySPV -issued bonds are rated

by rating agencies. Those agencies opinions can be the basis on which investors buy the three tranches of bonds.

Rating Agencies

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By the end of 2006, CDOs issued globally were estimated at

$2 TRILLIONThat’s $2,000,000,000,000

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Whose ox might be gored?

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Cast

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Cast

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Navigant Study of Federal Court Subprime Lawsuits filed in 2007

278 total

• Borrower class actions – 43%• Securities cases – 27%• Commercial contract disputes – 22%• Employment class actions – 9%• Bankruptcy and other – 4%

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Thank you for your interest.