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Sullivan & Cromwell will scan new hires for anti-Israel protest activities

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For months, some of the most prestigious academic institutions in the U.S. have been battling with students as the war between Israel and Hamas has raged on. In the midst of campus protests, schools like Harvard, Columbia, and NYU have tried—and often failed—to uphold longstanding free speech traditions on one hand, while condemning antisemitism on the other. 

Now, one of the country’s preeminent corporate law firms is stepping into the fray, declaring that colleges have failed to protect Jewish students from hateful and antisemitic rhetoric. 

Sullivan & Cromwell, whose recent clients include Amazon, BP, and Goldman Sachs, has employed background check company HireRight to root out job applicants who have participated in recent anti-Israel demonstrations on campuses, according to a recent report from the New York Times

Under the new policy, applicants who have taken part in antisemitic protests, or in demonstrations in which phrases that might be “triggering” to Jews have been uttered, could potentially be disqualified, according to Joseph Shenker, a senior chair at the firm. 

“People are taking their outrage about what’s going on in Gaza and turning it into racist antisemitism,” Shenker told the Times.

According to the Times, the policy could disqualify applicants from the hiring process even if they didn’t participate in controversial chants or rally cries. Simply being present at a protest could warrant scrutiny, and an applicant found to have been at a protest may have to explain to the firm whether they did anything to moderate the behavior of those around them, according to the Times

Gadeir Abbas, an attorney at the Council on American-Islamic Relations, told Fortune that the new policy was “objectionable.”

“What Sullivan & Cromwell is doing is they’re creating the foundations for future blacklists that will say more about Sullivan & Cromwell than it will about the kids and students that they’re targeting,” he said. 

Abbas also said the policy may constitute a violation of Title VII, a provision of civil rights law that prohibits discrimination based on race, ethnicity, and nationality. 

Private employees have fewer free speech protections than those at public institutions. Firms like Sullivan & Cromwell can make hiring decisions based on the publicly expressed beliefs of applicants, provided they don’t specifically discriminate against protected categories like race or religion. 

But because of the breadth of the new policy Sullivan & Cromwell is pursuing, Abbas said it may constitute illegal discrimination against Muslims and Palestinians. 

“Law students and people that may apply to Sullivan & Cromwell, some of them are going to be Palestinian, some of them are going to be Arab or Muslim,” he told Fortune. “And because we’re talking about a genocide, there’s something racial about that kind of crime. It’s just the case that the opposition to the destruction of Palestinians arises inexorably from a person’s ancestry. If you’re Palestinian, you’re going to be opposed to it.” 

A UN human rights expert has called Israel’s protracted assault on Gaza genocide, but the Biden Administration has not

But Shenker told the Times that the policy wasn’t inherently condemning protests against Israel in general, or scrutinizing privately held beliefs. Rather, the background checks were merely an extension of the firm’s existing position on hate speech. He also said that the screenings wouldn’t have been necessary if schools had done more from the outset to protect Jewish students and clamp down on anti-semitic demonstrations. 

Dylan Saba, an attorney at Palestine Legal, told Fortune that the level of scrutiny the policy would subject applicants to was so “draconian,” that he didn’t see how the firm would be able to enforce it without running afoul of Title VII of the Civil Rights Act. 

“My charitable assessment is that this is mostly for PR,” Saba said. “They want to signal to some group of people that they’re really out in front of stamping out criticism of Israel and pro-Palestine views.”

Sullivan & Cromwell did not respond to Fortune’s request for comment. 

For many law firms, the thorny issue of student protesters has been a concern almost since theOct. 7 Hamas terrorist attack on Israel. Shenker wrote an open letter to law school deans pressuring them to rein in the more extreme demonstrations that had begun popping up on campuses. The letter was signed by around 200 other firms. 

While S&C is the first firm to come out with a formal policy towards the protesters, it isn’t the first to factor the demonstrations into their hiring practices. Last year, Davis Polk rescinded offers to three students believed to have led demonstrations blaming Israel for the Oct. 7 attack, and Winston & Strawn pulled an offer to a student who expressed a similar sentiment in a school newsletter. 

The Times also reported that several of S&C’s competitors are privately mulling similar policies. 

“You expect law firms to understand that if we’re going to have a profession filled with smart, independent-minded people who are fierce advocates, many of them are going to speak out against the genocide,” Abbas said. “If you disagree with them, that’s fine, but you shouldn’t exclude them from the profession, as Sullivan & Cromwell seemingly is trying to do.”

Public outrage against Israel’s conduct in the assault in Gaza, which reached an inflection point this spring with mass arrests on campuses across the country, has now spread to Corporate America. Since early June, a crowd of protesters have gathered outside Citigroup’s headquarters in New York City over the financial institution’s ties to Israel. 

In a recent survey of more than 600 pro-Palestine student activists, nearly 30% of respondents indicated that they had a job offer rescinded in the last six months, according to the education news outlet Intelligent. Some 70% reported that interviewers asked them about their involvement in demonstrations. 

On Wednesday, the Wall Street Journal reported that the Biden administration would begin shipping 500-pound bombs to Israel, partially lifting a two-month hold on shipments due to concerns the weapons would be used to bomb Rafah. 



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Brazilians rally to protest supreme court judge’s decision to ban X

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Tens of thousands of Brazilians joined an independence day rally called by members of the rightwing opposition in protest against a supreme court judge who banned Elon Musk’s social media platform X in the country. 

Dressed in the national colours of yellow and green, attendees at Saturday’s demonstration in São Paulo held posters demanding the removal of justice Alexandre de Moraes, who has attracted controversy for a wide-ranging crackdown on digital disinformation. 

“I came here today in favour of freedom of expression. The constitution is being violated,” said 25 year-old radiologist Mayara Ribeira, wearing the shirt of the Brazilian football team. “The judge should be impeached”. 

X went offline in Latin America’s most populous nation just over a week ago after it ignored court orders to block certain accounts suspected of spreading falsehoods, many belonging to supporters of former hard-right president Jair Bolsonaro. 

It affected some 20mn users and marked an escalation of a months-long row over takedown decrees between Musk and Moraes, whom the tech entrepreneur has accused of censorship. 

“I don’t want anybody to be silenced, if they are leftwing or rightwing,” said retiree Elayne Nunes, 58, who travelled from the neighbouring state of Minas Gerais. “I’m happy that Elon Musk has brought to international attention what is happening in Brazil”.

The case has turned into a cause célèbre in the global debate about online free speech and energised Brazil’s populist conservative movement, which claims to be unfairly targeted by the judge. 

Allies of Moraes frame his actions as necessary to safeguard democracy against fake news, but opponents accuse him of eroding liberties. 

The blackout of X has divided opinion in Brazil. A survey by AtlasIntel found nearly 51 per cent of respondents disagreed with the ban, versus just over 48 per cent in favour.

Speakers at the event on Avenida Paulista urged senators to launch an impeachment of the judge, who has also become a target for wider criticisms that Brazil’s supreme court is overreaching its legal limits. 

They also appealed for an amnesty for people arrested in connection with the storming of government buildings in Brasília on January 8, 2023 by radical Bolsonaro supporters. 

Many of the rioters called for a military coup against leftwing president Luiz Inácio Lula da Silva, who defeated Bolsonaro in the previous year’s election. 

“I hope that the federal senate puts a stop to this dictator Alexandre de Moraes, who does more harm to Brazil than Luiz Inácio Lula da Silva himself,” Bolsonaro said on stage. 

The ex-president faces a number of supreme court investigations from his time in office, including over an alleged coup plot — that was never implemented — to stay in power.

Researchers at the University of São Paulo estimated there were 45,400 people at Saturday’s event in Brazil’s largest city.

The trigger for X’s suspension was its failure to meet a deadline set by Moraes to appoint a new legal representative in the country, as required by domestic law. Musk had closed the company’s local office last month in protest at the judge’s orders. 

In his decision to block access to the platform, Moraes said X was seeking to create an environment of “total impunity” and a “lawless land” on Brazilian social media ahead of municipal elections next month.

Creomar de Souza at consultancy Dharma Political Risk said impeachment of the justice was unlikely for now: “It looks like we’re in for a long battle between Moraes and political forces in Brazil and abroad”.



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Russia economy: Relying more China’s yuan is backfiring

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After the U.S. and its allies sanctioned Russia in 2022 for its invasion of Ukraine, Moscow turned away from the dollar and euro in international transactions and relied more on China’s yuan.

That coincided with more trade between the two countries as Russia was largely shut out of Western markets as well as the global financial system.

By June, the yuan accounted for 99.6% of the Russian foreign exchange market, according to Bloomberg, which cited data from Russia’s central bank. And Russian commercial banks ramped up corporate loans denominated in yuan.

But this dependence on the yuan is now backfiring as top Russian banks are running out of the Chinese currency, Reuters reported on Thursday.

“We cannot lend in yuan because we have nothing to cover our foreign currency positions with,” German Gref, CEO of top Russian lender Sberbank, said at an economic forum.

That’s because the U.S. expanded its definition of Russia’s military industry earlier this year, thereby widening the potential scope of Chinese firms that could get hit with secondary sanctions for doing business with Moscow.

As a result, Chinese banks have been reluctant to transfer yuan to Russian counterparts while servicing foreign trade payments, leaving transactions in limbo for months. With yuan liquidity drying up from China, Russian companies have tapped the central bank for yuan via currency swaps.

At the start of this month, banks raised a record 35 billion yuan from Russian’s central bank through these swaps, according to Reuters. And banks were expecting more help.

“I think the central bank can do something,” Andrei Kostin, CEO of second-largest bank VTB, said Thursday. “They hopefully understand the need to increase the liquidity offer through swaps.”

But on Friday, Russia’s central bank dashed those hopes, calling on banks to curb corporate loans denominated in yuan.

The Bank of Russia also said in a report that swaps are only meant for short-term stabilization of the domestic currency market and are not a long-term source of funding, according to Bloomberg. But rather than simply filling the roles that dollars and euros did, yuan loans have expanded.

“The increase in yuan lending was partly caused by the replacement of loans in ‘toxic’ currencies, but 41% of the increase was down to new currency loans,” the bank said.

The central bank also released a survey that showed a quarter of Russian exporters had trouble with foreign counterparts, including blocked or returned payments even when dealing in supposedly friendly countries. And about half of exporters said the problems got worse in the second quarter from the prior quarter.

The overall Russian economy has been propped up by the government’s wartime spending as well as oil exports to China and India. But the combination of busy factories and labor shortages due to military mobilizations have stoked more inflation.

Researchers led by Yale’s Jeffrey Sonnenfeld warned the seemingly robust GDP data mask deeper problems in the economy.

“Simply put, Putin’s administration has prioritized military production over all else in the economy, at substantial cost,” they wrote. “While the defense industry expands, Russian consumers are increasingly burdened with debt, potentially setting the stage for a looming crisis. The excessive focus on military spending is crowding out productive investments in other sectors of the economy, stifling long-term growth prospects and innovation.”

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ETFs are set to hit record inflows, but this wild card could change it

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ETF Edge, September 4, 2024

Exchange-traded fund inflows have already topped monthly records in 2024, and managers think inflows could see an impact from the money market fund boom before year-end.

“With that $6 trillion plus parked in money market funds, I do think that is really the biggest wild card for the remainder of the year,” Nate Geraci, president of The ETF Store, told CNBC’s “ETF Edge” this week. “Whether it be flows into REIT ETFs or just the broader ETF market, that’s going to be a real potential catalyst here to watch.”

Total assets in money market funds set a new high of $6.24 trillion this past week, according to the Investment Company Institute. Assets have hit peak levels this year as investors wait for a Federal Reserve rate cut.

“If that yield comes down, the return on money market funds should come down as well,” said State Street Global Advisors’ Matt Bartolini in the same interview. “So as rates fall, we should expect to see some of that capital that has been on the sidelines in cash when cash was sort of cool again, start to go back into the marketplace.”

Bartolini, the firm’s head of SPDR Americas Research, sees that money moving into stocks, other higher-yielding areas of the fixed income marketplace and parts of the ETF market.

“I think one of the areas that I think is probably going to pick up a little bit more is around gold ETFs,” Bartolini added. “They’ve had about 2.2 billion of inflows the last three months, really strong close last year. So I think the future is still bright for the overall industry.”

Meanwhile, Geraci expects large, megacap ETFs to benefit. He also thinks the transition could be promising for ETF inflow levels as they approach 2021 records of $909 billion.

“Assuming stocks don’t experience a massive pullback, I think investors will continue to allocate here, and ETF inflows can break that record,” he said.

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