UPDATE: Bove Joins Rochdale Securities
February 17 2009 - 4:57PM
Dow Jones News
Following his legal battle with a Florida bank, securities
analyst Richard Bove decided to change employers.
Bove, a well-known and outspoken bank analyst, said Tuesday he
joined Rochdale Securities LLC, the Connecticut-based institutional
brokerage. In an interview with Dow Jones Newswires, he said the
lawsuit BankAtlantic Bancorp Inc. (BBX) brought against him and his
former employer Ladenburg Thalman & Co. made working there
"untenable."
At Ladenburg, Bove covered banks and brokerages, including
JPMorgan Chase & Co. (JPM), Citigroup Inc. (C), Bank of America
Corp. (BAC), Morgan Stanley (MS) and Goldman Sachs Group Inc. (GS).
He was among the voices forecasting steep losses for the financial
services industry.
BankAtlantic took issue with one of those reports, "Who Is
Next," issued in July following the collapse of IndyMac Bancorp
Inc.
Legal costs of the suit have approached $1 million, Bove said,
and Ladenburg would have preferred to settle with BankAtlantic
because the costs could rise to $2 million or $3 million. "I
couldn't settle because settling would have me apologizing to
BankAtlantic," which would essentially validate the bank's impact
on equity research and analyst comments, Bove said. That could have
broader implications on independent research, he said.
Lawyers have said the suit might be hard to win because it could
restrict the freedom of speech.
Bove said, "The BankAtlantic suit, in my opinion, was really
driven toward stopping me from speaking [publicly] and towards
impacting my research, and it succeeded in doing that because we
did restrain a lot of the research."
"The people at Ladenburg are unbelievable top quality and I
think the firm is terrific," and he regrets leaving the firm, he
said. A spokesman for Ladenburg wouldn't comment on the suit, but
said, "We thank Dick Bove for his contribution to Ladenburg and
wish him the best for his future endeavors."
A spokeswoman for BankAtlantic wasn't immediately available to
comment. In the suit, the bank demands damages for alleged
defamation and negligence from the widely distributed "Who Is
Next?" report.
In assessing the health of banks, Bove advised investors to look
at nonperforming assets and to beware of those banks where the
ratio of such assets to total assets exceeds 5%. As a second
measure, he advised dividing a bank's nonperforming assets by its
loan-loss reserve plus common equity. He did not mention
BankAtlantic by name in the text of his report, but it was
mentioned in a table.
BankAtlantic said in its suit, "The problem is that, while
Bove's report purports to consider which banks might fail, he
failed to examine the health of the banks and thrifts in his
report."
"Instead, he only examined holding-company data which, in at
least our case, is meaningless information."
Bove said if BankAtlantic continues to pursue the suit, he will
seek his own legal representation.
Dan Crowley, president of Rochdale, said in a press release, "We
are really excited to have Dick, and his team, join us. Such a
prominent and respected analyst, in a sector so important to the
markets these days, is a tremendous addition to Rochdale's growing
platform." A spokesman confirmed that the firm wouldn't pick up
Bove's legal costs.
-By Matthias Rieker, Dow Jones Newswires; 201-938-5936;
matthias.rieker@dowjones.com
(Kerry E. Grace contributed to this story.)