Today's Post

    Abstraction, Patents, and the Latest Alice Ruling: A Scorecard The Federal Circuit's effort to address en banc the district court's rejection of the applicability of patent law to a fairly commonplace hedge against settlement risk seems to have broken down in confusion. This may have profound implications for both the traditional and the alternative asset management industry.

    Whew. This one’s confusing. The Federal Circuit Court of Appeals, in a badly split decision issued May 10th, has affirmed a holding of the district court below in a controversial patent-law case, one involving four patent claims by Alice Corporation (a technology company owned in part by National Australia Bank Ltd.) The decision takes up 135 pages, and my head is still spinning after my recent efforts to absorb them. Ten judges took part in the decision. Of these, five argued that the district court was right on the law, when it rejected Alice’s attempt to patent a fairly commonplace hedge against settlement risk. Five out of ten isn’t a majority, but since there is no majority for a contrary proposition, either that the district court was wrong or that the matter needs to go back there for a remand, the district court’s judgment stands. As they say in baseball, the tie goes to the runner. What to Remand The five judges who didn’t want to affirm, for various reasons, thought that at least ...

Featured Post


CAIA Corner: The Keys to Successful Investing by Endowments and Foundations

Endowments and foundations typically are considered the early adopters in alternative investments. Watch this video with CAIA Association's Director of Curriculum Keith Black, PhD, CFA, CAIA, as he explains the different structures of endowments and foundations and why they are uniquely geared for successful alternative investing.

Endowments and foundations typically are considered the early adopters in alternative investments. Watch this video with CAIA Association's Director of Curriculum Keith Black, PhD, CFA, CAIA, as he explains the different structures of endowments and foundations and why they are uniquely geared for successful alternative investing.


Top 10 Operational Risks: The first two risk areas in a 10-part series

Operational risk within investment management firms can stem from many sources. Firms also have varying tolerance levels for accepting or handling such risk.

Operational risk within investment management firms can stem from many sources. Firms also have varying tolerance levels for accepting or handling such risk. SEI believes virtually every firm can benefit from taking a fresh look at common areas of risk and consider the variety of relatively straightforward risk management measures that can readily be deployed. In that spirit, SEI put together a 10-part guide as an effective risk management tool to set the foundation for operational excellence. Below are excerpts ...

Guest Posts


Going Public: Endowment performance at our great state universities
Guest columnist Charles Skorina looks at the performance of the "public ivies."

By Charles Skorina In our last letter we took a hard look at recent investment performance among the eight Ivy League endowments. [See NL44 at http://www.charlesskorina.com/775/] As a bonus we added four "Alt-Ivys" to round it up to an even dozen.  These are all, of course, privately-funded institutions. Now, we turn to the cream of our state-supported schools, the twelve Public Ivys. The traditional Private Ivy endowments, including Harvard and Yale, get lots of scrutiny for obvious reasons.  They control a lot of money; they're ...


Media Coverage of Hedge Funds

The Mere Whisper of the Name ‘Soros’
Facile parallels notwithstanding, neither the argument Druckenmiller made at Sohn nor any other good reasons that may now exist for shorting the Aussie have a lot to do with the case against the pound in 1992. That tug-of-war occurred in a unique context, not here replicated.

The recent rumors that George Soros was involved in a big way in the fall off the Australian dollar sent us back to the good old days of Soros’s notoriety, the 1992 deal that forced the Brits to pull out of the European Exchange Rate Mechanism, and that is always invoked to explain why they aren’t in the euro to this day. Actually, even if we assume the rumors are accurate, the two situations are very different. But it is difficult to find any news reports that don’t draw a rather ...

Derivatives

The Extraterritorial Effect of Swaps Rules
A new SEC proposal, promulgated May 1, would provide that Dodd-Frank requirements regarding swaps apply if a transaction is entered into by a U.S. person or conducted within the U.S. but that an entity operating outside the U.S. may be able to substitute foreign regulatory requirements for the U.S. requirements if the extraterritorial party's home system produces comparable regulatory outcomes.

The Securities and Exchange Commission proposed on May 1 a new set of rules and interpretive guidance to ease the concerns of some overseas parties and regulators over cross-border security-based swaps. This is an extremely complicated proposal, taking up 650 pages, designed to clarify the significance of Title VII, the swap-markets-specific portion of the Dodd-Frank Wall Street Reform and Consumer Protection Act. It may set the stage for further tension between the SEC on the one hand and the Commodity Futures Trading Commission, which has taken a very different view of ...

Hedge Fund Strategies

Merger Arb: Dampers and Bright Spots
Twelve ministries in the People's Republic of China, including the Ministry of Industry and Information Technology, have together released guidelines for accelerating M&A activity in key industries. this is one of the "bright spots" that may lighten up the future for the M&A world, though macro-economic realities in the U.S. and Europe are holding it back.

A recent publication on merger arbitrage strategies makes the case that global M&A activity will “remain muted” despite some bright spots. PrevInvest, which describes itself as offering “leading intelligence and independent insight,” cited Dealogic in saying that M&A activity fell in 2012, 3% from 2011 for all deals.  But there was some pick-up in the first quarter 2013, with a surge of megadeals in the U.S. in particular. Notably, competing bidders have turned Michael Dell’s attempt to go private with his corporate alter ego into an auction. On February 5, Dell announced ...

CAPM / Alpha Theory

A Bayesian Rethinks CAPM
A portfolio becomes optimal by virtue not merely of what assets are in it, but by virtue of what is paid for each. Examining the implications of that point, Professor Johnstone finds a "logical circularity built into the CAPM equilibrium pricing mechanism."

D.J. Johnstone, a professor at the University of Sydney Business School in Sydney, Australia, is re-working the capital asset pricing model in accordance with probability theory. I wrote recently about one recent essay of his, on the “Bayesian understanding” of probability theory.  Today, I would like to fill out those thoughts. I will allude to two of his other recent articles as I go. Simple versions of CAPM often graph the expected return as a function of beta, thus creating the security market line, as portrayed at the top of this ...

Regulatory

The EU’s AIFMD and Your Road Show
Shane Brett, of Global Perspectives, makes the point that the "non-European world" is in no position to ignore the implementation of AIFMD. Although the implementation will be gradual, by 2018 any manager from anywhere who wants to bring his road show to a European city will have to be fully compliant.

The Alternative Investment Fund Managers’ Directive comes into effect in the European Union this July. Accordingly, Global Perspectives has posted the first part of a planned two-part white paper about compliance.  One of the major points the report makes is that this is an EU development that is necessarily a matter of concern far from Europe’s shores. The author, Shane Brett, is no stranger to readers of AllAboutAlpha, and he has helped us keep track of ...

Timely Research

A Reductionist View of BAB, Debunked
Asness, Frazzini and Pedersen produce data indicating that over a long period in the U.S., a regular bet-against-beta strategy, one not designed either to accentuate or to eliminate differences among the different industries represented in the portfolio, earned CAPM alpha of 0.73.

Clifford S. Asness and two associates have made the case in a recent paper not only that a strategy of betting against beta (BAB) can yield positive returns, but that its success in doing so is not the consequence of a preference that the strategy creates for certain industries over others.  This contravenes the interpretation that certain earlier authors, including for example Ronald Shah of Dimensional Fund Advisers, have given to the success of BAB. Stated ...

Algorithmic and high-frequency trading

The Cauldron of Contemporary Trading Technology
With a wide range of troubling issues on my mind, I recently consulted a sage of the trading-algorithm world, Greg Woods, the head of algorithmic execution, listed derivatives and foreign exchange for Deutsche Bank Securities. He has more than twenty years of experience in the broad IT area.

Questions abound about the structures of exchanges, the prevalence of off-exchange platforms, and the infrastructure of trading and execution across a wide range of securities and assets. What is more, the cauldron in which these questions boil and bubble gets hotter every time there is some high-visibility wood brought to the fire such as (just to take examples from recent days): a false report on a hacked AP Twitter account that causes the (brief but ...

Algorithmic and high-frequency trading

Unlocking Alpha in the New Normal
Guest columnist Louis Lovas looks at data management in the world of algorithmic trading.

By Louis Lovas, Director of Solutions, OneMarketData If there’s one thing firms must have a strong grasp on in the financial markets, it’s data. These days, data comes from every direction possible, and it comes quickly. But to take full advantage of the ocean of information rushing toward you requires getting a handle on data and then finding meaning within the data to capitalize on opportunities. We live in what I call the new normal, defined ...