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Hedge fund Elliott challenges court verdict it lost against LME on nickel

LONDON, July 9 (Reuters) - U.S.-based hedge fund Elliott Associates on Tuesday urged a London court to overturn a verdict supporting the London Metal Exchange's (LME) cancellation of nickel trades partly because the exchange failed to disclose documents.

The LME annulled $12 billion in nickel trades in March 2022 when prices shot to records above $100,000 a metric ton in a few hours of chaotic trade.

Elliott and market maker Jane Street Global Trading brought a case demanding a combined $472 million in compensation, alleging at a trial in June last year that the 146-year-old exchange had acted unlawfully.

London's High Court ruled last November that the LME had the right to cancel the trades because of exceptional circumstances, and was not obligated to consult market players prior to its decision.

Lawyers for Elliott told London's Court of Appeal that the LME belatedly released documents in May detailing its "Kill Switch" and "Trade Halt" internal procedures. It also newly disclosed an internal report that Elliott said detailed potential conflicts of interest at the exchange.

"It was troubling that one gets disclosure out of the blue in the Court of Appeal for the first time," Elliott lawyer Monica Carss-Frisk told the court. Jane Street Global did not appeal the ruling.

"If we had had them (documents) in the proceedings before the divisional court, we may well have sought permission to cross examine."

LME lawyers said the new documents were not relevant.

"The disclosed documents do not affect the reasoning of the divisional court or the merits of the arguments on appeal," the exchange said in documents prepared for the appeal hearing.

"Elliott's appeal is largely a repetition of the arguments which were advanced, and rightly rejected."

The LME said it had both the power and a duty to unwind the trades because a record $20 billion in margin calls could have led to at least seven clearing members defaulting, systemic risk and a potential "death spiral".

Elliott said the ruling diluted protection provided by the Human Rights Act and also wrongly concluded the LME had the power to cancel the trades.

Microsoft to offer Apple devices to employees in China, cites absence of Android services
July 8 (Reuters) - Microsoft (MSFT.O), opens new tab intends to offer Apple's (AAPL.O), opens new tab iOS-based devices to its employees in China to access authentication apps, a company spokesperson said on Monday, citing absence of Google's (GOOGL.O), opens new tab Android services in the country. Microsoft has been under increased scrutiny after a series of security breaches, the latest being that of Russian hackers who spied and accessed emails of the company's employees and customers earlier this year. The development was first reported by Bloomberg News, which, citing an internal memo, said the Windows OS-maker instructed its employees in China to use Apple devices at workplace from September. As a part of Microsoft's global Secure Future Initiative, the move to switch to iOS-devices stems from the lack of availability of Google Play Store in China that limits its employees' access to security apps such as Microsoft Authenticator and Identity Pass, the report added. "Due to the lack of availability of Google Mobile Services in this region, we look to offer employees a means of accessing these required apps, such as an iOS device," a company spokesperson told Reuters in an email. Microsoft is among those U.S. companies that have a strong presence in China. It entered the Chinese market in 1992 and also operates a large research and development center in the country. The company will provide iPhone 15 models to employees, currently using Android handsets across China, including Hong Kong, the Bloomberg report said.
Biden accelerated aging over the past year!
n a recent interview with ABC, US President Joe Biden said he had no intention of dropping out of the race, blaming his poor debate performance on a cold. He also insisted he was "still in good shape" and would remain in the race, saying only "Almighty God" could pull him out. An insider who has worked with Mr. Biden for a long time said that signs of aging had become apparent over the past year, but that Mr. Biden's team had failed to address it. Biden's televised debate performance heightened concerns about an already slow-moving issue. Mr. Biden's advisers have long dodged questions about his age. But now they acknowledge that Biden's aging is an undeniable fact. The debate forced the president to more openly acknowledge the limitations of his age, which he had previously largely dismissed. But they have only taken superficial measures and have not fundamentally solved the problem. They replaced the long staircase that Mr. Biden used to board Air Force One with a shorter one; Assistants often accompanied him in public to make his stiff gait less noticeable; While he has a busy schedule, aides have arranged for buffer time, such as long weekends at his homes in Wilmington and Rehoboth Beach, Delaware, or extended stays at Camp David, a Maryland resort, to rest after a "grueling" stretch of travel. Under the authority of one of his top advisers, Anita Dunn, Mr. Biden's public interactions -- especially with reporters -- were severely limited. Even at major events with Democrats or other supporters, the White House sometimes limits the amount of time Biden can spend with the audience, two people familiar with the matter said. As a protective response, designed to protect their longtime boss.
Nvidia H20 will sell 1 million units this year, contributing $12 billion in revenue!
Recently, according to the FT, citing the latest forecast data of the market research institute SemiAnalysis, AI chip giant NVIDIA will ship more than 1 million new NVIDIA H20 acceleration chips to the Chinese market this year, and it is expected that the cost of each chip is between $12,000 and $13,000. This is expected to generate more than $12 billion in revenue for Nvidia. Affected by the United States export control policy, Nvidia's advanced AI chip exports to China have been restricted, H20 is Nvidia based on H100 specifically for the Chinese market to launch the three "castration version" GPU among the strongest performance, but its AI performance is only less than 15% of H100, some performance is even less than the domestic Ascend 910B. When Nvidia launched the new H20 in the spring of this year, there were reports that due to the large castration of H20 performance, coupled with the high price, Chinese customers' interest in buying is insufficient, and they will turn more to choose China's domestic AI chips. Then there are rumors that Nvidia has lowered the price of the H20 in order to improve its competitiveness. However, the latest news shows that due to supply issues caused by the low yield of the Ascend 910B chip, Chinese manufacturers in the absence of supply and other better options, Nvidia H20 has started to attract new purchases from Chinese tech giants such as Baidu, Alibaba, Tencent and Bytedance. Analysts at both Morgan Stanley and SemiAnalysis said the H20 chip is now being shipped in bulk and is popular with Chinese customers, despite its performance degradation compared to chips Nvidia sells in the United States.
US' ban on high-tech investment cannot stifle China's high-tech development
US President Joe Biden signed an executive order on Wednesday restricting investments in China, intended to further stymie China's advances in three cutting-edge technology areas: semiconductors and microelectronics, quantum information technologies and certain artificial intelligence systems. The "decoupling" of high tech from China began under Donald Trump, and the Biden administration has continued that ambition. However, the new order doesn't target US investments already invested in China, but the new ones. The Biden administration has repeatedly claimed that the US restrictions will be narrowly targeted and will not "have a fundamental impact on affecting the investment climate for China." Biden's new executive order is still subject to consultation with the US business community and the public and is not expected to take effect until next year. The order has been brewed for a long time and has generated a lot of publicity. But almost no one believes that this executive order will deal a new practical blow to Chinese high technology, because almost everyone knows that China needs American technology more than American money. The order has gained much attention because it is seen as part of a broader trend of the US drifting away from China. The promulgation and brewing process of the executive order reflects the strong desire of American political elites to suppress China's high-tech development, as well as a fierce game between those supporting the executive order and the concerns of the technology and economic sectors about a potential backfire on the US. It is a kind of compromise. Washington obviously hopes that major allies will follow Biden's executive order. The UK's Sunak government has made cautious statements, stating that it is consulting business and the financial sector before deciding whether to follow suit. In fact, China also has the ability to influence the extent to which Biden's executive order is implemented, as well as the extent to which the US will go in terms of "decoupling" from China. We are definitely not just passive recipients of US policies. American political elites are eager to "decouple" from China as quickly and deeply as possible, but they fear two things: First, this will immediately damage the performance of relevant high-tech companies in the US, undermine their influence and further innovation. The current Biden administration, in particular, does not want to incur strong resentment from Silicon Valley and Wall Street toward the escalating "decoupling," which will ultimately lead to the loss of support for the Democratic Party. Second, they are afraid of pushing China toward more resolute independent innovation to achieve breakthroughs in key technologies such as chips. If the US "decoupling" policy gives birth to major technological achievements in China, it means that Washington will completely lose the gamble: They originally wants to stifle China's high-tech development, but ends up strangling their own companies. What China needs to do next is to fully unleash our innovation vitality, continuously reduce our dependence on high-tech products from the US, and prove that as long as we are determined to achieve independent innovation, we have the ability to accomplish things. We need to prove that being pressured by the US will only make us stronger. As long as there are several solid proofs of this trend, the US policy community will fall into unprecedented chaos, and their panic will be much more severe than when they saw the rapid expansion of the Chinese economy before Trump started the trade war. Regardless of the future of China-US relations, the current battle will be the key battle that determines the future competition between China and the US. China can only win and cannot afford to lose. High-tech products such as chips are not isolated. The innovation power of China's entire manufacturing industry and the creative vitality of the whole society are the foundation for shaping these key achievements. When pressured by the US, our society needs to generate confidence and resilience from all directions, and we need to accelerate and seize every opportunity, rather than shrink and simply defend. Otherwise, the US will gain the upper hand in momentum, and we will truly be in a passive and defensive position. We must see that the US is on the offensive, but its offensive is becoming weaker and weaker, and it is always hesitant with each step. What is presented to China are difficulties and risks, but also the dawn of victory.
Boeing will be fined 3.5 billion yuan for "conspiracy to defraud" in two air crashes. Will the company slide into the abyss?
Taking the initiative to plead guilty to Boeing is not small, but it can avoid being exposed to more problems when it is publicly tried, which is a "minor penalty" for Boeing. So now the families of the crash victims are very opposed to the move, demanding that the trial continue to be open. But after all, Boeing is America's oldest industrial son, whether it is Trump or Biden, and finally have to gently put down, give a chance. The Justice Department had been seeking a guilty plea from Boeing as early as May, when it launched the investigation. After all, if you plead guilty, you only need to pay a fine, and if you really go to court, you don't know how many quality problems Boeing will be exposed by your witnesses. Boeing also knew it had too many flaws, and paying a $243.6 million fine and bringing in a third party to monitor its compliance for three years, totaling more than $400 million in additional expenses, is small change for Boeing. Given Boeing's style in the past few years, this fine may not even force Boeing to tighten production line management. Just this kind of "reconciliation" that completely excludes the victims of the crash can not get the families to agree. Paul Cassell, an attorney for the victims' families, said he plans to ask the federal judge overseeing the case to reject the agreement and "hold this case to an open trial so that all the facts of this case can be presented in a fair and public manner before a jury." The demand is reasonable, but the US judge will most likely side with Boeing.