Private Credit’s Rise: You Ain’t Seen Nothin’ Yet

Consulting firm Oliver Wyman predicts even greater use of this category of debt.



Private credit is just getting warmed up. Noting that private credit funds have “blossomed” due to the retreat of traditional banks from lending after the global financial crisis of 2008 and 2009, consulting firm Oliver Wyman sees even greater expansion ahead.

This is the firm’s No. 1 prediction in its list, “10 Ideas for Asset Management in 2024.” It focuses on new international bank regulations, known as Basel III Endgame and due to take effect in July 2025. These regs are intended to bolster big lenders’ stability through tighter credit risks rules and bigger capital requirements. The accord has stirred controversy on Wall Street, however, where critics say the mandates for banks to hold more capital to offset potential risks are too stringent and unnecessary.

Regardless, the Oliver Wyman report found that the Basel plan would make private lenders even more successful. As a result, the firm concluded that the “golden age of private credit keeps shining.” The paper predicted that private credit funds will expand “beyond leveraged finance into broader corporate lending and asset-backed finance.”

The larger players will be the biggest beneficiaries of the trend toward greater use of private credit, Wyman suggested, because they have the “operational scale required to compete, as speed and certainty of execution, larger deal size and ability [will] bring more value to partnerships.”

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In a commentary, J.P. Morgan Private Bank argued that “ rapid growth of private credit assets under management suggests exuberance.” But the analysis discovered that this enthusiasm is not getting out of hand and loading extra debt onto the financial system: “Direct lending is not adding meaningful corporate leverage overall, but taking market share from other loan sources.”

No one doubts that this asset class is lucrative. Consider the $48 billion Blackstone Private Credit fund, known as BCred, targeting wealthy individuals and tracking the firm’s institutional fund. Three years since its inception, BCred has an annualized total return of 9.8% and a current yield of 10.5%.

A big reason for private credit’s popularity is how well the funds held up in 2022, when both stocks and bonds fell sharply. Private debt funds returned 4.2% in 2022, compared with declines of 18% for the S&P 500 index and 15.7% for investment-grade corporate bonds, according to PitchBook.

In a Moody’s analysis, a hypothetical scenario found that private credit had a material increase in tail losses, but can offer growth and improve a portfolio’s risk-adjusted returns, suggesting that the endeavor was worthwhile.

Not everyone is entranced by private credit’s allure: Caution is rising among some investors in the field. Christopher Ailman, CIO of the California State Teachers’ Retirement System, told Bloomberg recently that the pension plan’s 3% stake in private debt will grow only slowly, as interest rates are coming down—the advantage of private credit is that it tends to pay higher than many other kinds of debt. CalSTRS has been invested in private debt since at least 2010.

Additionally, Richard Daskin of RSD Advisors told Barron’s he is wary of private credit because investors might not be able to get their money out in a downturn.

Other predictions in the Wyman report include stepped-up acquisitions of insurers by private equity and other alternative asset managers; a huge opportunity for asset management in Japan as Tokyo loosens restrictions on starting new investment funds; and that asset managers will hatch fresh, innovative ways to develop new strategies, using artificial intelligence, that meet modern needs.

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NYC, Oregon Pension Funds Named Lead Plaintiffs in Fox Lawsuit

The plaintiffs’ claim that Fox News’ business model included knowingly engaging in defamation ‘appears promising,’ a Delaware Chancery Court says.



A Delaware Chancery Court has appointed pension funds from New York City and from Oregon as the lead plaintiffs in a shareholder lawsuit that alleges Fox Corp. breached its fiduciary duty by exposing itself to defamation lawsuits during its coverage of the 2020 U.S. presidential election.

In September 2023, New York City’s five public pension funds, as well as the Oregon Investment Council and the Oregon Public Employees Retirement Fund, filed shareholder derivative lawsuits against Fox for breach of fiduciary duty. The lawsuits allege Fox’s board of directors knew that Fox News was promoting former President Donald Trump’s false claims that he was the true winner of the 2020 election without regard for whether the assertions were true and thus created significant exposure to defamation charges.

In April, Fox settled a $787 million defamation lawsuit brought by the voting machine company Dominion Voting Systems after Fox broadcasters falsely alleged Dominion was involved in altering results during the 2020 presidential election. Fox also faces a $2.7 billion lawsuit from voting machine company Smartmatic USA Corp.

Significantly, the NYC and Oregon lawsuits also allege that Fox News has exhibited a pattern of disregarding the truth and that this was part of an illegal business model to knowingly engage in defamation and assume the associated legal risk in order to appeal to its viewers. This argument swayed the chancery court to name the pension funds as lead plaintiffs, rather than Swedish pension funds AP3 and AP7, which were also seeking lead plaintiff status.

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In its December 2023 ruling, the court cited the claim that Fox operated under an illegal business model as the main reason it found the New York and Oregon arguments more compelling, saying the claim “appears promising” and was not included in the Swedish pension fund’s complaint.

The claim asserts that Fox News operated under an illegal business model both before and after it spun off from its corporate predecessor. The legal team representing both the NYC and Oregon pension funds argues that Fox News is an outlier in the media industry by disregarding fact-checking protocols. To support this argument, the complaint cites multiple incidents in which Fox News came under legal and ethical scrutiny for allegedly false statements, both before and after the Dominion and Smartmatic litigation.

The court’s ruling stated that at this stage of the case, the legal team representing New York City and Oregon “appears to have prepared a stronger complaint,” which “incorporates factual developments and incidents at Fox News that are not included” in AP3 and AP7’s complaint.

It does not augur well for Fox that the court praised the strength of both lawsuits, saying that too often weak claims get filed that never should have been heard, or strong claims get precluded because someone jumped the gun.

“To their credit, plaintiffs’ counsel in this case avoided those dangers,” the court wrote. “Neither team rushed to sue. Both sought and obtained books and records. Both researched public sources. Both took the time to prepare detailed complaints.”

The five New York City pension funds own approximately 572,946 shares of Fox Class A stock and 285,338 shares of Fox Class B stock, valued at $27.7 million as of August 31, 2023, according to the New York City comptroller’s office. The Oregon Public Employees Retirement Fund held more than 226,000 Class A and Class B shares of Fox, worth $5.2 million as of August 31.

“A lack of journalistic standards and a proper strategy to mitigate defamation has clearly harmed Fox’s reputation and threatens their bottom line and long-term profitability,” New York City Comptroller Brad Lander said in a press release when the lawsuits were filed in September. “Clear governance systems are absolutely necessary for the long-term health of a company. As Fox’s board continues to ignore these red flags, we are holding them accountable as long-term shareholders.”

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