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Samuel Arie: Ten New Year Resolutions for Capitalism

by Samuel Arie on January 11, 2012

Huffington Post…

The Occupy Wall Street movement arrived at St Paul’s on 16 October 2011, so in a week’s time the camp will have been going for three full months. Yet the signs are that the protesters will soon be evicted, and infrared cameras have shown that 90% of the tents are already empty much of the time. So the question we should be asking is not whether the camp will go, but what will happen when it is gone? In other words, what will be different this year, because of this extraordinarily successful protest last year? Thinking about it this way, it seems that a few New Year Resolutions might be in order. How about the following 10 to get us started: I will not pay myself a stratospheric salary just because I am the Chief Executive – the CEOs of Britain’s largest companies earn 300 times more than their lowest paid employees and last year 25 of the highest paid American CEOs earned more than their companies paid in federal income taxes. I will pay taxes in proportion to my wealth because the distribution of wealth is even more extreme than the distribution of income – in Britain over half the nation’s wealth is owned by the richest 10% of citizens, and in the US a similar share is owned by just the richest 5%. I will not run a good business into the ground and walk away with millions – not one of the individuals named in Time Magazine ‘s 25 people to blame for the financial crisis has had to join the dole queue, most if not all are still millionaires. I will not sell a security to my customers while betting with my own money that it will fail – because that’s just, well, crazy when you think about it. I will not collect a bonus based upon a forward looking calculation of the value of some deal I have cleverly concocted , because that calculation is more likely to be bogus than not so. I will take responsibility for the decisions I have made – and will not rely on securitisation to kick the can on down the road hoping someone else will carry my losses. I will honour the natural world and look after it for my children, because there is only one natural world to look after; I will not take short cuts (in the Gulf of Mexico or anywhere else) in the name of a short run profit; if I sell something that will end up in landfill, in our rivers, oceans or atmosphere, then I will pay hefty fines and taxes; I will not dump my toxic waste in the Ivory Coast or any other of the world’s poorest nations. I will not donate money to politicians through my company – despite the 2010 Supreme Court Ruling allowing me to do so, which 80% of Americans do not support, and which led John McCain to pronounce that “campaign finance reform is dead.” I will watch my weight – as I promise myself every year – and I will not become too big to fail . And finally, perhaps most relevant for most of us: I will not continuously covet more stuff – instead, I will work hard, focus more on the people around me than on things I own, and I will save more for my retirement . Quite a long list, of course, but perhaps that is the point. The task of turning resolutions like this into real changes in society is not easy, with each idea presenting as it does endless possibilities for disagreement. But there must be little doubt that these are the intuitive issues of most concern to most people, and that the behaviours in question have seemed unimaginably thoughtless, corrupt or insane – even sometimes to the individuals most deeply involved in carrying them on. So perhaps it is not a bad idea to start the year with a few strong but self-imposed rules that unambiguously set out the path to a higher standard. We should thank the protest campers for pushing our society in this direction.

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Samuel Arie: Ten New Year Resolutions for Capitalism

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Huffington Post…

HONOLULU — Kona coffee growers want Hawaii’s labeling law modified to provide more details on packages of coffee blends that contain Hawaii-grown beans. Currently, coffee blends sold in the state that contain Hawaii-grown coffee must disclose what percentage is grown in the islands, and it must be at least 10 percent. The Kona Coffee Farmers Association said Thursday that it wants the state Legislature to consider a bill it has drafted that would also identify where the remainder of the blend is grown. If the association is successful an example of a package label would read, “90 percent Panamanian coffee, 10 percent Kona coffee.” The state senator from Kona said Thursday he plans to introduce the bill at the end of the month. “I respect the local community and Kona coffee is a big issue for us,” state Sen. Josh Green, D-Milolii-Waimea, said. For the farmers, it’s about truth-in-labeling and protecting the integrity of a world-famous Hawaii product. Hawaii is the only place in the United States where coffee is grown. Coffee aficionados pay a premium for coffee grown in farms in the Kona district, known for its rich volcanic soil and tropical climate. “The state of Hawaii needs to be with the Kona coffee farmers,” said Colehour Bondera, the association’s president. “We’re the most lucrative agricultural commodity in the state.” A pound of pure Kona coffee can sell for about $25 – more if it’s organic. Not giving consumers all the information about where coffee is grown dilutes the perception of Kona’s quality, Bondera said. When the 10 percent blend law was introduced in 1991, there was a provision mandating disclosing the origin of all coffee in the blend, he said, but pressure from Honolulu coffee blenders resulted in making it voluntary, which none of the major blenders have opted to do. But modifying the law to restore mandatory disclosure would just be a small step for the farmers, he said. Several years ago there was a failed effort to increase the minimum percentage of Hawaii-grown coffee in blends to at least 75 percent. The farmers would prefer only blends that are mostly Kona bear that name. “The name Kona should not be used on any products that’s not mostly Kona,” Bondera said. “When people talk about wines, you can’t a buy a Napa wine when it’s only 10 percent Napa.” Hawaii’s coffee blend labeling law is an offshoot of regulations put in place after a scandal in the 1990s when inexpensive coffee beans grown in Latin America were being passed off and sold as pure Kona coffee. It only applies to blends sold in Hawaii. In August, Safeway agreed to change the label on packages of Kona coffee blend sold in mainland stores in response to concerns from the Kona farmers that it didn’t provide information about what percentage of the famous bean it contains. The company also agreed to begin selling 100 percent Kona coffee in northern and southern California starting this year.

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Kona Farmers Request More Explicit Coffee Labeling

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The Law Moms All Over Have Been Waiting For

January 6, 2012

As part of Obama’s health care reform legislation, employers are now, for the first time, federally mandated to provide nursing mothers with breaks and a place to pump. If you’re thinking, “Huh? This didn’t exist yet?” you’re not alone. The Affordable Care Act was signed into law in March 2010 (which also seems late in the game, no?), but the government is now cracking down on employers who don’t comply. McDonald’s and Starbucks are among the 23 companies that have been cited by the Department of Labor, Sonia Melendez, a spokeswoman told MSNBC . Hard and fast rules haven’t been finalized yet, but the Wage and Hour Division fact-sheet gives us a sneak preview. According to the document: “[Employers are required to provide] reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth … [as well as] a place, other than a bathroom , that is shielded from view and free from intrusion from coworkers and the public.” The bold is ours because it bears emphasizing that bathrooms — even private ones — are not considered acceptable locations in which to feed a person. As mothers are fighting to nurse in public without being ridiculed (or worse), these guidelines may be the next step to align directives from doctors about breastfeeding (breast is best!) with the messages they get from employers.

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Chrysler Adding More Jobs In Detroit Plants

January 5, 2012

Ahead of the North American International Auto Show, one of the big three Detroit automakers is announcing increased production in the Motor City. Chrysler announced Thursday it would add a third shift to its Jefferson North Assembly Plant in Detroit to handle production of the Jeep Grand Cherokee there. The automaker announced last month that it would reopen the Conner plant to produce the SRT Viper . Together, the plants will provide 1,250 new jobs for both salaried and hourly workers. “We believe that investing in Detroit is not only the right thing to do, but it is a smart thing to do as we work to write the next chapter in our shared history,” said Chrysler Group Chairman and CEO Sergio Marchionne, in a release. Chrysler on Wednesday announced a 37 percent sales gain for December , and 26 percent for the year.

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U.S. Doctors’ Have A Big Secret

January 5, 2012

Doctors in America are harboring an embarrassing secret: Many of them are going broke. This quiet reality, which is spreading nationwide, is claiming a wide range of casualties, including family physicians, cardiologists and oncologists. Industry watchers say the trend is worrisome. Half of all doctors in the nation operate a private practice. So if a cash crunch forces the death of an independent practice, it robs a community of a vital health care resource.

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Obama Visiting Key Battleground State After Iowa Caucuses

December 30, 2011

HONOLULU — President Barack Obama will travel to Cleveland the day after the Iowa caucuses as he seeks to draw a contrast with Republicans running for president. The White House says the president’s Jan. 4 trip to Ohio will focus largely on the economy. Republican presidential candidates will face off in the Iowa caucuses on Jan. 3. It’s the first nominating contest of the 2012 campaign. Obama won Ohio in 2008. But the state has been hard-hit economically during the president’s term, and is sure to be a political battleground in next year’s presidential election. Obama aides say the president’s trip to Cleveland marks the start of an aggressive 2012 domestic travel schedule. Still, aides insist Obama will not fully engage in the presidential race until after Republicans pick a nominee.

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U.S. Using New Tactic For Finding Suspected Swiss Bank Tax Cheats

December 28, 2011

U.S. authorities hunting in Swiss banks for suspected tax cheats have a new weapon in their arsenal: an arcane but aggressive legal maneuver more commonly used against drug smugglers, money launderers and Imelda Marcos, widow of the Philippine dictator. Backed by court judges, federal prosecutors are issuing subpoenas — official papers which compel the recipients to provide potentially damning evidence — to United States taxpayers suspected of holding hidden accounts at Swiss and other offshore banks, according to criminal defense lawyers whose clients have received the papers. The grand jury subpoenas are unusual in that they ask bank clients — not the banks themselves — to turn over to the authorities their bank account details since 2003, including statements with the highest annual balances. Taxpayers who refuse to comply potentially face a stark choice: be found in contempt of court and thus subject to civil or criminal fines and jail time, or disclose potentially incriminating evidence against themselves. “This is a very hot issue right now,” said Nathan Hochman, former assistant attorney general for the Tax Division of the Justice Department who is now in private practice at the law firm Bingham McCutchen. Hochman said that defense lawyers representing taxpayers were furious over the tactic, which already has been challenged in some courts. NEW TACTIC IN SHOWDOWN The subpoenas, at least a dozen of which have been issued over the past year or so, are the latest twist in a showdown between Switzerland and the United States over the battered tradition of Swiss bank secrecy. Swiss law, dating to 1934 and stemming from a medieval tradition, protects client bank information from disclosure; bankers who reveal client details can face jail time. The subpoenas are evidence of tensions between Switzerland, the global capital of offshore wealth with an estimated $2 trillion in hidden assets, and the U.S. Justice Department, which is conducting criminal investigations of 11 Swiss banks suspected of enabling tens of thousands of wealthy Americans to evade U.S. taxes through secret bank accounts holding billions of dollars in hidden assets. The banks include Credit Suisse AG , which received a target letter last July notifying it that it was formally under criminal scrutiny; HSBC Holdings plc , and Basler Kantonalbank, a large Swiss cantonal, or regional, bank. The Justice Department is seeking to force the banks to disclose American client names and account information and pay hefty fines or face serious consequences, including possible indictment or deferred-prosecution agreements. “The number one thing is the customer data — it is at the heart of the issue,” said a U.S. government official briefed on the matter and on the subpoenas. Earlier this month, the upper house of the Swiss parliament backed an amendment that would allow Switzerland to compel its banks to hand over American client data, even if authorities don’t already know the client names; the lower house still has to approve it. The amendment covers an existing tax treaty between the United States and Switzerland in which the Alpine country has agreed to hand over client data but generally only if the U.S. side already knows the client’s identity. Tax lawyers representing clients receiving the subpoenas, known as Title 31 subpoenas, say that U.S. prosecutors are effectively staging an end-run around the treaty process. “The government is looking for a shortcut to traditional investigative steps in an international case,” said a tax lawyer in Washington, D.C., who declined to be identified because he represented a taxpayer indicted by a grand jury in a sealed case. Title 31 is a part of the U.S. Code of Laws that deals with money and finance. Federal prosecutors used the Title 31 subpoena strategy against Imelda Marcos around 1990 as part of a federal inquiry into bribes allegedly paid by Westinghouse Electric Corp to the Philippine government, according to prosecutors. American taxpayers receiving the subpoenas include those who applied too late to one of two IRS voluntary disclosure programs, as well as clients who appear to have been “outed” by a clutch of recently indicted or charged Swiss bankers. Federal prosecutors suspect that the nearly 20,000 U.S. taxpayers who came forward under the programs represent a fraction of the total tax evaders. LEGAL WRANGLING At issue is a U.S. legal principle known as the required records exception to the U.S. Constitution’s Fifth Amendment. Courts have ruled that the amendment, granting persons the right not to be forced to incriminate themselves, has an important exception for “required records” that must be kept for activities that are regulated and of a “public” nature. Federal prosecutors issuing the court-backed subpoenas argue that offshore private banking falls into this category of activity. But courts have issued conflicting opinions on whether that reasoning is correct. Last August, in a closely watched case brought by a wealthy California taxpayer known only by the initials M.H., the U.S. Court of Appeals for the 9th Circuit upheld a district court’s prior ruling that M.H. was in contempt of court for refusing to produce the bank documents. Meanwhile, last September, a federal judge in Texas ruled that a different taxpayer did not have to comply with a subpoena for bank records because the records did not fall under the required records doctrine. The Justice Department is appealing against that ruling, according to court papers. According to a criminal defense lawyer in Washington, D.C., with a client who has received a subpoena, the subpoenas are “tantamount to a required confession — the production and authentication of records that are not in a regulated industry and have none of the ‘public’ aspects of other required records cases.” The lawyer added that “while it may be a clever attempt, it pushes the ‘required records’ aspects of 5th Amendment case law to — and most of us think well beyond — its limits.” The lawyer declined to be identified, citing confidentiality rules governing grand jury subpoenas. But he added that some banks were “dragging their feet” in turning over documents to clients, while others, in particular “smaller banks,” were refusing to do so. He did not identify the banks. Jeremy Temkin, a criminal tax lawyer at Morvillo Abramovitz in New York, called the subpoenas on bank clients “an extension of the pressure on the Swiss to pressure on the American taxpayer. It’s a very aggressive position.” (Editing By Howard Goller, Phil Berlowitz) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Avastin Disappoints In Fight Against Ovarian Cancer

December 28, 2011

Avastin, the blockbuster drug that just lost approval for treating breast cancer, now looks disappointing against ovarian cancer, too. Two studies found it did not improve survival for most of these patients and kept their disease from worsening for only a few months, with more side-effects. The Genentech drug won approval in Europe last week for advanced ovarian cancer. But its maker has no immediate plans to seek the same approval in the United States. After talking with the Food and Drug Administration, “we do not believe the data will support approval” although no final decision has been made, said Charlotte Arnold, a spokeswoman for Genentech, part of the Swiss company Roche. Results of the studies are in Thursday’s New England Journal of Medicine. In November, the FDA revoked Avastin’s approval for breast cancer because it did not meaningfully extend life and can have serious side-effects. Without approval, doctors can prescribe the drug but insurers may not pay. Treatment with it can cost $100,000 a year. Avastin can still be sold for some colon, lung, kidney and brain cancers. The new research was aimed at adding ovarian cancer to the list. One study, led by Dr. Robert Burger of Fox Chase Cancer Center in Philadelphia, involved nearly 1,900 women with advanced ovarian cancer given one of three treatment combinations. The time until the disease got worse was a median of 10 months in those given just chemotherapy; adding Avastin improved that by just one to four months for the other two groups. Survival was similar among the groups, and side-effects were higher among those on Avastin — mostly high blood pressure but also some stomach and gut problems that needed treatment. In the other study, led by researchers from England, more than 1,500 ovarian cancer patients were given chemo with or without Avastin. The drug kept cancer at bay just one to two months longer than chemo alone did, with more cases of high blood pressure. There was a trend toward improved survival for those on Avastin, but the difference was too small to say the drug was responsible. Genentech helped pay for the studies and some of the researchers consult for the company. Dr. Gary Lyman, a Duke University researcher who was on the FDA advisory panel that recommended revoking Avastin’s approval for breast cancer, wrote in an email that he agreed with the company’s decision not to seek approval for ovarian cancer. “The situation is very similar” to the results in breast cancer, and approval is unlikely unless a biological marker or test can show which patients might benefit, he wrote. About 220,000 new cases of ovarian cancer are diagnosed each year around the world, and it causes 140,000 deaths. In the United States, the National Cancer Institute estimates 22,000 new cases and 15,000 deaths each year. ——— Online: Studies: http://www.nejm.org ——— Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Ernan Roman: 2012: Year of Preference-Driven Multichannel Marketing Breakthroughs

December 28, 2011

PREDICTION: Marketers who deploy their multichannel marketing mix at key points in customer’s lifecycles with the company and per customer’s individual preferences will win. Those who don’t will just be creating multichannel irritation. Brand Paths in 2012 For some brands, this will be the year of multichannel breakthroughs. For other brands, the next twelve months will be another painful period of trial and error — mostly error. Per recent Voice of Customer research we conducted with major BtoB and BtoC marketers, customers want brands to use an integrated multichannel mix that engages them to share their preferences regarding offers, alerts, frequency of contact and media preferences. Using this integrated multichannel mix, marketers can provide relevant communications … at key points in the consumer’s lifecycle with the company. Thriving in 2012 … and Beyond To thrive in 2012, assume that both “old” and “new” media will play a role in your customer’s personalized multichannel mix. Elements of a preference-driven mix include online, social, direct mail, print, broadcast, narrowcast, and all the possible person to person “touch points,” including both face to face and phone interactions. As an excellent Epsilon study, “The Formula for Success: Preference and Trust,” referenced here , put it: “Consumers use and trust certain communications channels more than others. This means that marketers need to understand which channels resonate most at various points in the consumer purchase cycle and incorporate a cross-channel strategy that leverages data and technology to communicate on a one-to-one basis … Our study suggests that brands should use a variety of mediums to build relationships, starting with trusted channels like direct mail, then layering the message to re-enforce it through other channels.” This multichannel mix must be deployed at key points in the customer’s lifecycle with your company and per the consumer’s individual preferences … or you will lose ground in 2012! Four Takeaways for Marketers Trust your customers to tell you: Gather Voice of Customer (VOC) research-based insights regarding how your customers define a truly personalized multichannel relationship, and which communications are most relevant at key points in their relationship lifecycle with you. Understand the behaviors that equal “engagement”: Use VOC insights to understand what range of actions from your side drive engagement from the consumer’s side, such as recognition, personalized rewards, the opportunity to share their point of view, the chance to enter a contest, etc. Be media agnostic: Offer both “old” and “new” media options your customers can select to satisfy their media preferences. Measure it. Track the results carefully over time. What matters is not how many eyeballs or fans you have. It’s what people are actually doing … and buying! Ernan Roman is President of the marketing consultancy, Ernan Roman Direct Marketing. Recognized as the industry pioneer who created three transformational methodologies: Integrated Direct Marketing, Opt-In Marketing, and Voice of Customer Relationship Research. Ernan was recently inducted into the Marketing Hall of Fame. Clients include Microsoft, NBC Universal, Disney, Hewlett-Packard and IBM. Ernan was named to “B to B’s Who’s Who” as one of the “100 most influential people” in Business Marketing by Crain’s B to B Magazine. His fourth and latest book on marketing best practices is titled: Voice of the Customer Marketing: A Proven 5-Step Process to Create Customers Who Care, Spend, and Stay . Ernan is also the co-author of “Opt-In Marketing: Increase Sales Exponentially with Consensual Marketing” and author of “Integrated Direct Marketing: The Cutting Edge Strategy for Synchronizing Advertising, Direct Mail, Telemarketing and Field Sales.” www.erdm.com ernan@erdm.com

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Breastfeeding Moms Stage ‘Nurse-In’ To Protest Target Store Policy

December 28, 2011

Chicago-area mothers joined a nationwide demonstration against restrictive corporate breastfeeding policies Wednesday morning at Target stores citywide. The “nurse-in” is an increasingly popular tool for breastfeeding advocates and nursing mothers to highlight alleged violations of Illinois law, which does not classify public nursing as indecency . Whole Foods stores were recently targeted after an employee reportedly told a nursing mother to cover up , and Wednesday’s demonstration was inspired by a recent incident at a Houston-area Target store, Time reports. Michelle Hickman was reportedly nursing her baby at a Target Nov. 29 when several employees asked her to move to a fitting room. Hickman says one employee intimated that she could be cited for public indecency, although her infant was covered with a blanket. According to the Best for Babes Foundation, an pro-breastfeeding online community helping to organize the demonstration, Hickman felt harassed, and called Target Guest Relations, who repeated that the store’s policies “are different from the law,” although the company’s headquarters released a statement supporting public nursing in their stores after a similar incident in 2006 . About a dozen Chicago moms told NBC Chicago they plan to meet at the Target on North Elston to breastfeed at 10 a.m. for about a half hour. The store has expressed support for the demonstration. The Facebook page co-created by Hickman organizing the demonstration currently has over 6,000 members, and more than 100 nurse-ins are scheduled in more than 35 states, according to Time .

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Procrastinating Shoppers Gave Retailers A Boost In Lead Up To Christmas

December 28, 2011

NEW YORK — A mall trade group says that last minute shoppers gave merchants a solid lift during the final week before Christmas. Sales at stores opened at least a year rose 0.9 percent for the week ended Saturday compared with the previous week and was up 4.5 percent compared with the same period a year ago, according to the International Council of Shopping Centers-Goldman Sachs Weekly Chain Store Sales Index, released Wednesday. The index serves as a sales proxy to 24 major stores including Macy’s Inc. and Costco Wholesale Corp. ICSC expects that holiday sales for the November and December combined will be in line with its forecast of 3.5 percent.

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Greg Voakes: 8 All-Star Entrepreneurs Who Didn’t Bother With A Master’s Degree

December 28, 2011

Believe it or not, it is possible to get filthy rich without spending half of your life in school. And you don’t have to be on a chest-baring reality show to do it. These wildly successful people did it, all without setting foot in grad school. Many of them never even earned an undergraduate degree. If you’ve got enough brains, you’re willing to take risks, and you’re just a tad cocky, consider following in their footsteps before you shell out hundreds of thousands of dollars for that pretty piece of paper. Here are 8 all-star entrepreneurs who didn’t bother with a Master’s degree:

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Phone Activations Were Up 350 Percent On Christmas

December 27, 2011

‪ ‬ By Tricia Duryee, A Gift to Developers: A Quarter of a Billion Apps Downloaded on Christmas via All Things D A record-number of new devices activated on Christmas morning is leading to a tidal wave of new mobile application downloads. Apple’s App Store is on pace to exceed 10 billion downloads this year alone, which is twice the number it recorded over the three previous years combined. The Android Market is also setting records. Over the past seven months, it has achieved more than 7 billion downloads, which more than triples its life-to-date downloads of 3 billion reached in May 2011. At those rates, both operating systems are generating roughly one billion downloads a month, or the equivalent of 33 million a day. The data was reported by Flurry Analytics, which creates tools that thousands of developers use to track usage of their mobile applications. Christmas Day was one of the big catalysts for achieving huge end-of-the-year records. Flurry found that application downloads more than doubled on Christmas compared to the average number of downloads occurring during the first 20 days of December. On Dec. 25, it registered 242 million app downloads, jumping more than 125 percent over an average day. In addition, because of its insight into application usage, Flurry is also able to see the number of new devices activated. Phones and tablets are always a hot Christmas item and this year was no exception. On the average day in December, 1.5 million phones were activated, but on Christmas, 6.8 million were activated, representing a 353 percent spike. Last year, Christmas held the previous single-day record with 2.8 million device activations. A Gift to Developers: A Quarter of a Billion Apps Downloaded on Christmas via All Things D Also on All Things D: EA Star Wars Game Off to Forceful Start in Quest to Catch World of Warcraft Supply Chain Chatter Has Two Apple TVs Targeted for Midyear Launch Jildy, Whose Patents Google Owns and Facebook Licenses, Launches Its First App

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Did Sears Withhold Information To Get Tax Deal From Cash-Strapped State?

December 27, 2011

Just weeks after signing a bill that gave Sears millions of dollars in tax incentives to stay in Illinois , Governor Pat Quinn reacted to the news that the company plans to close up to 120 stores across the country due to poor holiday sales . “I’m never happy to hear that a company isn’t doing well,” Quinn said Tuesday, according to NBC Chicago. “This is a nationwide story. Those stores are not all in Illinois. I hope not too many of them are Illinois, but their headquarters is in our state and we’re happy about that.” For years, Sears has been threatening to move its Hoffman Estates-based headquarters elsewhere , and lawmakers in Springfield have consistently gone out of their way to make them stay. The latest package was criticized by the Occupy Chicago movement, along with other Illinois residents who called the $330 million package corporate welfare. “You have to defend yourself. If Ohio is offering $400 million to Sears, a company that has thousands of employees in Illinois, we will defend ourselves with a reasonable, adequate, approach,” Quinn said in early December, according to the Associated Press. “That’s what you have to do in 21st Century America to make sure your state and your businesses have support.” Sears, along with the Chicago Mercantile Exchange, said they would leave the state if Illinois lawmakers did not pass the tax break package that was approved on Dec. 12 and 13. The package gives Sears a $15 million tax break over the next 10 years. While Quinn hoped news of the Sears store closures would not hurt Illinois, one Illinois lawmaker said he felt “betrayed” by the Sears announcement , and said the company should have been honest with the state while the tax package was being considered. “It wasn’t a good Christmas or Hanukkah gift for the people of the state of Illinois,” State Sen. Ira Silverstein (D-Chicago) told the Chicago Sun-Times . “We gave them a very nice package and then for them to pull this off two days after Christmas — people are, you know, in holiday mode. It’s really upsetting and I think some questions have to be answered whether they knew they were going to do this at the time we voted on it several weeks ago.” While Quinn defended the practice of offering tax incentives to keep businesses in the state, some experts say it doesn’t do much in terms of generating jobs or retaining existing positions. If Sears did decide to leave, Illinois would lose about 6,000 jobs, the AP reports . But whether keeping the company here will help in the long-term is unclear. “One of the unintended consequences of this whole thing is you are going to see a lot more midsize businesses feeling like they’re getting screwed by the state,” site-selection consultant Brent Pollina told the AP. “They’re carrying the tax burden. The state doesn’t care about them at all.” Illinois officials have also acknowledged that the tax-relief package will lead other businesses to ask for the same deal. “What’s going to stop the next big company from putting a gun to our head with the same type of threat?” Rep. Mary Flowers said after the House rejected the original tax break deal. Silverstein told the Sun-Times that the whole thing has taught lawmakers a lesson about tax incentives. “Hindsight’s 20-20 — you’re 100 percent right,” Sliverstein told reporters. “We don’t have that much control. But when we give a package of incentives like this to try and keep a corporation here in Illinois they should at least tell us what they’re going to do — not so much in the far future, but in the near future. We passed this package . . . two weeks ago and all the sudden, they pull this on us.” Sears has yet to announce which stores will be closed, and is reportedly expected to generate $140 million-$170 million in sold inventory and building sales. The company is confident it can bounce back, but some retail experts aren’t so sure. “There’s no reason to go to Sears,” New York-based independent retail analyst Brian Sozzi told the AP. “It offers a depressing shopping experience and uncompetitive prices.”

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Winter Energy Saving Tips To Cut Costs And Stay Warm

December 27, 2011

With the warmth of spring months away and parts of the U.S. getting battered by winter weather , maintaining your home in the cold is crucial. There are several easy, but important steps you can take to not only make sure your home stays warm, but also to help cut down on heating costs. As an added benefit, making your home heating more efficient will also help to save energy, which is better for everyone in the long run. Be sure to also check out these tips on purchasing energy efficient light bulbs . Don’t forget to take care of yourself too, this winter. Check out these tips for curing dry winter skin naturally . Tips and captions courtesy of the EPA and Edison Electric Institute as marked.

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Gene Marks: What Did I Get for Christmas? More Taxes!

December 27, 2011

Wow, what a relief, huh? No, I’m not talking about finally getting rid of the in-laws now that Christmas is over. I’m talking about the last minute deal reached last week by Congress to extend the payroll “tax break” for another couple of months into 2012. And just in the nick of time too. Thankfully, we could all enjoy our cooked goose, latkes or whatever we’ve been eating this holiday season with the knowledge that our taxes will remain the same… at least for the short term. And I mean the very short term. Small business owners know that the reprieve we received was just that. A reprieve. Like the in-laws, taxes are returning. So now that the relatives have packed up and gone home, maybe it’s time to spend a few hours with someone even more important to you and your family. Like your accountant. Are you seeing your accountant this holiday season? Given what’s going on in Washington these days I think that’s the one person we all need to spend a little time with before we go back to work in January. What do these guys like to do? I don’t know. Something boring, I guess. Like watching C-SPAN. Or playing a little chess. Or going to see the new Sherlock Holmes movie. Believe it or not, I’m a Certified Public Accountant. I know, when you saw my picture you were thinking professional hockey player, right? But really, I’ve held the certificate for almost twenty-five years. I take 80 hours of continuing professional education credits every two years. But here’s the thing: I’m really not a very good accountant. In fact, I’m really a lousy one The good news for the accounting profession is that I haven’t practiced public accounting in twenty years I’ve never been very good at doing tax returns and accounting work. For me, if it was close enough… it was good enough. You don’t want to hire me to do your accounting work, OK? This is why I’ve stuck to technology. It requires less details And besides, there are plenty of other, great CPAs out there believe me. But you don’t have to be a CPA to know one thing. The payroll tax reprieve is just temporary. And like it or not, taxes (and not just payroll taxes) are about to rise. A lot. There are some laws on the books now that are going to affect us all. This is reality. Don’t like it? Tough. Take it to the polls. But for now, it’s fact. And smart business owners I know have put aside their emotions, politics and their frustrations and are dealing with the facts at hand. So what are these facts? Fact one is that in 2012 there won’t be much of a tax increase. Even if that dreaded “payroll tax” cut expires the rates will revert back to the original 6.2% that we were paying up to 2011 when the tax was “temporarily” reduced to 4.2% as part of one of those stimulus plans (there were so many I can’t even keep track). I know we were enjoying paying a rate two percentage points lower than normal. And if the cut is allowed to expire then someone earning $50,000 per year will pay about $1,000 more in social security taxes. But hey, that’s cool. Even if the tax goes back up, it’s just returning to what we’ve all used to been paying for the past umpteen years. It’s all good too, because it’s funding our social security retirement fund so Boca… here I come! But there is an added burden in 2012 that small businesses will need to address. We will need to begin reporting on each employee’s W-2 how much health benefits were paid on their behalf. Are you preparing for this? Remember, these things have to be filed by January 31 so we better be. Talk to your accountant. Or your payroll company. Or your therapist. And if you don’t have a therapist yet, you may well be needing one. Because soon the fun will really start. In 2013 a new unearned income tax will affect anyone making over $200K (or $250K for families). Pay up, you disgustingly filthy rich people. You know who you are! That tax is 3.8% on interest, dividends and capital gains. A portion of your capital gain on your home may be taxable too so watch out. Also in 2013 we’ll be seeing a rise in our Medicare taxes. Right now 1.45% is deducted from our pay. That will go up to 2.35% If you’re self-employed you’ll see your Medicare tax rate go up from 2.9% to 3.8%. Wait! Not done. Also in 2013 there will be a change in itemized deductions. Right now itemized deductions are limited to expenses over 7.5% of adjusted gross income. In 2013 that floor goes up to 10% of adjusted gross income. Which means that more of our expenses become un-deductible. This is related to the 2010 healthcare legislation. That legislation is real. Don’t be fooled because it’s being contested in the courts and the Supreme Court will weigh in on its constitutionality. We don’t know if it will pass that test. But for now it’s law. Smart business owners are assuming that it’s going to happen as planned. So they’re making their plans now. By the way the healthcare legislation will, in 2014, cause another tax. That’s the mandate. For individuals that don’t get health insurance they will be fined the greater of $695 or 2% of their adjusted gross income. For companies with more than 50 employees that don’t provide healthcare insurance they will be fined $2,000 per employee. Pretty impressive, me throwing around all these numbers, huh? Well, let’s just take a quick time out while I provide you with another important disclaimer: please don’t trust me. I’m pretty sure this is all correct I got these numbers from the internet which always has correct information. But just in case of the highly remote chance that maybe, just maybe, I’m screwing something up here please check with your accountant first. Remember my previous warning from above. Now where was I? Oh yes. More taxes on the horizon. Like the Alternative Minimum Tax For the life of me, I could never understand how this was calculated. I’m convinced the complexity of this rule is a well-designed scheme between the IRS and the accounting profession to boost employment. But I’ve never been able to prove this. The AMT was designed to tax people who were smart enough to get around paying all the normal taxes they owed. Every year the government takes pity on these people and defers parts of this rule. But not anymore. The current AMT laws come to an end at the beginning of 2012 too. Apparently there are like twenty million people who will be affected by this. They’ll be paying higher taxes. My advice? Die. Preferably soon. There’s a lot of upside here. Firstly, you don’t have to listen to that kid crying behind you on your flight to Chicago. Secondly, you no longer have to feel inadequate every time that commercial comes on where the boyfriend half your age is buying his girlfriend a new Lexus with a red bow on top for Christmas. That would be a huge relief. And if you’re going to take this advice then you might as well die before 2013. Because if you go now, you’ll save your loved ones big bucks on estate taxes. Currently, your first $5 million of assets are excluded from tax. But after January 1, 2013 the exclusion falls to only $1 million. Dying before 2013 is not a bad tax planning strategy. If you don’t plan on dying, then get ready for the biggest tax increase of them all. That one comes from our former President Bush. Remember all those tax cuts he enacted? Well, they’re about to expire in 2013. And the current government has no plans to stop that. So for those disgustingly filthy rich people earning more than $175,000 per year they’ll be seeing their taxes rise more than 10%. The top tax rate will go from 35% to 39.6%. Will this all happen? Right now, it’s the law. Sure, there’s an election year coming up. If there’s a new President there may be some changes. But the mood in Washington now is that the money to pay down our huge deficits has to come from somewhere. So it’s likely to come in the form of new taxes. Many business owners are preparing for that fact right now. They’re accelerating income where they can, so that they can pay less taxes now than pay higher rates later. And they’re spending a little quality time with their accountants this holiday season. Doing things that accountants like to do. Like shuffleboard. And watching freight trains. I know, sounds boring. But it could be worse. You could be paying a lot more in taxes. Or stuck with my in-laws for a long weekend.

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Ann Brenoff: Long-Term Caring Means Insurance

December 27, 2011

This may scare the bejesus out of you. And I hope so. Lately, I’ve been spending too much time in the company of boomers who act like we’re invincible. According to a Met Life survey of long-term care costs , it will take more than $87,000 to spend a year in a nursing home, $42,000 for an assisted living place (plus a myriad of extras if you actually need any assistance with your living) and a death-defying $184,000 a year for home health aides working around the clock in eight-hour shifts if you delusionally think you can keep Mom or Pop at home. Oh, and p.s.: Eight out of 10 people over 85 will need this kind of help. Got that much cash? Didn’t think so; few of us do. What the Met Life study doesn’t say — this is the company whose spokesman is Snoopy, right? — is that getting old is not only hard on the body, but staying alive when the parts start to fail can seriously suck. And a lot of us are now learning this the hard way as we care for elderly parents and relatives who didn’t bother getting long-term care insurance. What were they thinking? That we’d let them die peacefully in their sleep? Sorry, but modern medicine doesn’t really allow for that. We bestow the civility of a compassionate death on our house pets, but insist on employing the full arsenal of the big medicinal guns for the humans we purport to love. No, this isn’t an ode to the memory of Jack Kevorkian, just a friendly reminder that long-term care is an insurance benefit you are more likely to find useful than life insurance since life insurance requires that we actually allow someone to die before a nickel is paid out. So make your own choice here, or better still, as a gift to your children, get yourself a living will and just ponder these numbers, brought to you courtesy of the Long Term Care National Advisory Center. http://www.longtermcareinsurance.org/ By 2030, one in five Americans will be a senior citizen and estimates are that those needing long-term care insurance will skyrocket to more than 23 million Americans. And each one of them is looking at a projected long-term care costs of about $300,000 a year. Those who merely need an assisted living arrangement — where your mom rents an overpriced room in a place and is supposed to be able to make her own way down to the communal dining room — can expect to spend an additional $352 a month on help getting dressed in the morning and another $307 a month for help getting in and out of the shower. Set aside another $530 a month on top of that if she needs help eating or suffers incontinence or needs a helpful arm to get up off the couch. Medication monitoring? Another $370 a month for when the little calendar pill boxes don’t do the trick anymore. Here’s the real catch: While it may be too late for your 80-year-old mother who didn’t take out a policy when she was younger, it likely isn’t too late for you — assuming you are still healthy and can accept the idea that even though you look and feel terrific today, you may not down the road. The insurance isn’t cheap though and as the boomer bulge ages, is getting even less so. The average new policy costs 25% to 30% more than it did five years ago, says the American Association for Long-Term Care Insurance. While no one likes writing a check with a lot of zeroes in it, without a policy, the alternative is that you’ll pay out of pocket until you’ve nearly exhausted your assets and can qualify for Medicaid. That or become a burden to your kids, and too many of us already know what that feels like.

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Major Retailer To Close At Least 100 Stores

December 27, 2011

NEW YORK — Sears Holdings Corp. plans to close between 100 and 120 Sears and Kmart stores after poor sales during the holidays, the most crucial time of year for retailers. The closings are the latest and most visible in a long series of moves to try to fix a retailer that has struggled with falling sales and shabby stores. In an internal memo Tuesday to employees, CEO and President Lou D’Ambrosio said that the retailer had not “generated the results we were seeking during the holiday.” The company has more than 4,000 stores in the U.S. and Canada. Its stock fell $7.88, or 17 percent, to $37.97 in premarket trading. The company’s revenue at stores open at least a year fell 5.2 percent to date for the quarter at both Sears and Kmart, the company said Tuesday. That includes the critical holiday shopping period. Sears Holdings said the declining sales, ongoing pressure on profit margins and rising expenses pulled its adjusted earnings lower. The company predicts fourth-quarter adjusted earnings will be less than half the $933 million it reporter for the same quarter last year. Sears Holdings also anticipates a non-cash charge of $1.6 billion to $1.8 billion in the quarter to write off the value of carried-over tax deductions it now doesn’t expect to be profitable enough to use. Sears said it will no longer prop up “marginally performing” stores in hopes of improving their performance and will now concentrate on cash-generating stores. “These actions will better enable us to focus our investments on serving our customers,” D’Ambrosio said. The weaker-than-expected performance reflect what analysts say is a deteriorating outlook for the retailer. The results point to “deepening problems at this struggling chain and renewed worries about Sears survivability,” said Gary Balter, an analyst at Credit Suisse. “The extent of the weakness may be larger than expected but the reasons behind it are not. It begins and some would argue ends with Sears’ reluctance to invest in stores and service.” The company has seen rival department stores like Macy’s Inc. and discounters like Target Corp. continue to steal customers. It’s also contending with a stronger Wal-Mart Stores Inc., the world’s largest retailer, which has hammered hard its low-price message and brought back services like layaway, which allows financially stressed shoppers to finance their holiday purchases by paying a little at a time. The tough economy hasn’t helped, either. Middle-income shoppers, the company’s core customers, have seen their wages fail to keep up with higher costs for household basics like food. But the big problem, analysts say, is Sears hasn’t invested in remodeling, leaving its stores uninviting. “There’s no reason to go to Sears,” said New York-based independent retail analyst Brian Sozzi, “It offers a depressing shopping experience and uncompetitive prices.” Sears Holdings Corp., based in Hoffman Estates, Ill., said that the store closings will generate $140 to $170 million in cash from inventory sales. The retailer expects the sale or sublease of real estate holdings to add more cash. Sears Holdings appeared to stumble early in the holiday season, as it opened its Sears, Roebuck and Co. stores at 4 a.m. on Black Friday, the day after Thanksgiving. Rivals including Best Buy Co., Wal-Mart Stores Inc. and Toys R Us opened as early as Thanksgiving night. Sears stores had opened on Thanksgiving Day in 2010. Kmart has been opening on Thanksgiving for years. A hint that trouble might be brewing came in mid-December when Sears Holdings unexpectedly announced that 260 of its Sears, Roebuck and Co. locations would stay open until midnight through Dec. 23. Kmart’s 4.4 percent decline in revenue at stores open at least a year was blamed on diminished layaways and a drop in clothing and consumer electronics sales. Part of Kmart’s layaway softness likely stemmed from competitive pressure. Wal-Mart had said that its holiday layaway business had been popular. Toys R Us expanded its layaway services to include more items. Kmart’s grocery sales climbed during the period. Sears cited lackluster consumer electronics and home appliance sales for its 6 percent dropoff. Sears’ clothing sales were flat. Sales of Lands’ End products at Sears stores rose in the mid-single digits. Sears Holdings said it also plans to lower its fixed costs by $100 million to $200 million and trim its 2012 peak domestic inventory by $300 million from 2011′s $10.2 billion at the third quarter’s end. D’Ambrosio acknowledged in his internal memo that criticism over Sears Holdings’ performance was likely to come, but that the company was prepared for the days ahead. “We will bounce back and become stronger than ever,” he said.

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Rival Camera Company: Too Early To Say If It Will Invest In Olympus

December 26, 2011

TOKYO (Reuters) – Japan’s Fujifilm Holdings is watching developments at scandal-ridden Olympus Corp but it is too early to say if it will invest in the rival endoscope maker, a senior executive told Reuters in an interview on Monday. Fujifilm, a film and camera maker that has been diversifying into medical equipment and pharmaceuticals, as well as Sony Corp and Panasonic Corp were named by a newspaper last week as potential investors in Olympus. The report said Olympus was seeking to replenish its capital base by issuing $1.3 billion in preferred shares. “It’s a great business, that’s for sure,” said Kouichi Tamai, the head of Fujifilm’s medical systems unit, when asked about Olympus’s profitable endoscope division. Olympus commands 70 percent of the flexible endoscope market while the rest is held by Fujifilm and Hoya Corp. But he added: “Until we know what will happen to Olympus as a company, it would all be theoretical, so we don’t know.” Although Olympus, which has admitted to concealing investment losses with questionable M&A deals, just managed to beat a December 14 earnings report deadline and avoid an automatic delisting, it could still be delisted if the Tokyo bourse deems its past false accounting to be sufficiently serious. Tamai also said he had several acquisition targets in mind in the healthcare field, where Fujifilm has snapped up a series of firms in recent years and where it is targeting sales of 370 billion yen in fiscal 2013/2014, a 38 percent climb from the past year ended in March. It is buying out U.S.-based SonoSite Inc for $995 million including debt, a deal which it hopes will make it the world’s largest maker of portable ultrasound equipment in three years. Tamai also said he was not yet sure whether hospitals would switch away from Olympus’ endoscopes following the accounting scandal and how much Fujifilm would benefit if they did. Shares in Fujifilm, which also competes with Olympus in cameras, were up 1.6 percent in early afternoon trade, roughly in line with the Nikkei average. ($1 = 78.1000 Japanese yen) (Reporting by Isabel Reynolds; Editing by Edwina Gibbs) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Year-End Tax Moves: 5 Things You Need To Know

December 26, 2011

‘Tis the season for procrastination, and Congress isn’t the only player waiting until the 11th hour when it comes to taxes. Some small-business owners are scrambling in this last week of the year to try to reduce their tax burden. “Even though Congress failed to extend for 2012 various income tax provisions that expire at the end of 2011, it’s still possible to do year-end tax planning now,” says author, attorney and small-business advocate Barbara Weltman . Reporting income when you receive it and deducting expenses when you pay them gives you more control over your taxes. Ready to make some very last-minute tax moves that may save you money in 2012? According to Weltman, here are five things you need to know. 1. Don’t bill yet for work you’re doing now. Typically you’d send an invoice as quickly as possible, but Weltman suggests at this point, for tax purposes, you “consider waiting until the end of the year to send it. This will ensure payment is received in 2012, and taxes on the income are deferred for another year.” One caveat, according to Weltman, is if you expect to be subject to the alternative minimum tax (AMT) in 2011. If so, the opposite approach may make more sense — bill immediately to receive the income in 2011, so “your income will be taxed at no more than 28 percent under the AMT vs. a regular tax rate of up to 35 percent,” Weltman says. Another factor to keep in mind: If you have any concerns about getting paid, it’s not worth it to delay invoicing just for the tax benefits. “The sooner you start collections,” Weltman says, “the more likely you’ll receive all that you’re owed.” 2. Buy office supplies before the end of the year. Assuming you have the space to store it, try to stock up on the paper, toner or other office supplies you project to use throughout 2012. “Order them now so that the cost is deductible in 2011,” Weltman says. Weltman says an exception to this deduction is prepaid expenses for something that extends beyond the end of next year. For example, if you prepay a three-year subscription to a trade journal or renew a three-year membership to a trade association, that cost is deductible over three years, not just in 2011. 3. Invest in a qualified retirement plan. “If 2011 is expected to be profitable and you don’t yet have a qualified retirement plan, sign the paperwork to establish one for your business before the end of the year,” Weltman says. “You’ll then have until the extended due date of your return to fund the plan.” Weltman suggests you talk to a brokerage firm, mutual fund or other financial institution about what you need to do to adopt the plan for 2011. Find more information about qualified retirement plans in IRS Publication 560 (while it has not yet been updated for contribution and benefit limits in 2011, the general rules continue to apply). 4. Splurge on equipment. Want an iPad? Need more office computers? Tempted by the after Christmas sales? According to Weltman, if you buy the equipment and start to use it in your business before the end of the year, you can claim a full-write off. The write-off is available whether you finance the purchase in whole or in part. Here’s what Weltman says you need to do to get this deduction: Use the Section 179 (“expensing”) deduction for pre-owned property. This write-off is allowed only if you are profitable. The dollar limit on purchases for 2011 is $500,000. Use 100 percent bonus depreciation for new property, whether or not you are profitable. The write-off of the entire cost of eligible property can create or increase a net operating loss, which can mean a refund of some or all of the taxes paid in the prior two years. 5. Settle up your accounts payable. “You may have bills piled up that are not due until 2012 — if you pay them now, you can deduct the expenses in 2011,” says Weltman. If you don’t have the funds in your bank account at the moment, Weltman says you should consider putting the expenses on your business credit card if the vendor or other party allows it. Costs charged to a major credit card before the end of the year are deductible this year even though the credit card bill isn’t due until 2012. Though you may be tight on time, Weltman says you shouldn’t skip one more important step: “Contact your CPA or other tax advisor immediately to discuss whether these or other last-minute actions make sense for your tax situation,” she says.

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Gamblers’ Glee: Online Betting Gets A Boost From Washington

December 25, 2011

By Jim Wolf and Nicola Leske WASHINGTON (Reuters) – The Obama administration cleared the way for states to legalize Internet poker and certain other online betting in a switch that may help them reap billions in tax revenue and spur web-based gambling. A Justice Department opinion dated September and made public on Friday reversed decades of previous policy that included civil and criminal charges against operators of some of the most popular online poker sites. Until now, the department held that online gambling in all forms was illegal under the Wire Act of 1961, which bars wagers via telecommunications that cross state lines or international borders. The new interpretation, by the department’s Office of Legal Counsel, said the Wire Act applies only to bets on a “sporting event or contest,” not to a state’s use of the Internet to sell lottery tickets to adults within its borders or abroad. “The United States Department of Justice has given the online gaming community a big, big present,” said I. Nelson Rose, a gaming law expert at Whittier Law School who consults for governments and the industry. The question at issue was whether proposals by Illinois and New York to use the Internet and out-of-state transaction processors to sell lottery tickets to in-state adults violated the Wire Act. But the department’s conclusion would eliminate “almost every federal anti-gambling law that could apply to gaming that is legal under state laws,” Rose wrote on his blog at www.gamblingandthelaw.com. If a state legalized intra-state games such as poker, as Nevada and the District of Columbia have done, “there is simply no federal law that could apply” against their operators, he said. The department’s opinion, written by Assistant Attorney General Virginia Seitz, said the law’s legislative history showed that Congress’s overriding goal had been to halt wire communications for sports gambling, notably off-track betting on horse races. Congress also had been concerned about rapid transmission of betting information on baseball, basketball, football and boxing among other sports-related events or contests, she summarized the legislative history as showing. “The ordinary meaning of the phrase ‘sporting event or contest’ does not encompass lotteries,” Seitz wrote. “Accordingly, we conclude that the proposed lotteries are not within the prohibitions of the Wire Act.” The department expressed no opinion about a provision in the law that lets prosecutors shut down phone lines where interstate or foreign gambling is taking place. Many of the 50 U.S. states may be interested in creating online lotteries to boost tax revenues and help offset the ripple effect of a federal deficit-reduction push. The global online gambling industry grew 12 percent last year to as much as $30 billion, according to a survey in March by Global Betting and Gaming Consultancy, based on the Isle of Man, where online gambling is legal. Federal prosecutors in April charged three of the biggest Internet poker companies with fraud and money-laundering along with violations of another federal law, the Unlawful Internet Gambling Act of 1986. The government outlined an alleged scheme by owners of the three largest online poker companies – Full Tilt Poker, Absolute Poker and PokerStars – to funnel gambling profits to online shell companies that would appear legitimate to banks processing payments. (Editing by Derek Caney)

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David Isenberg: A Future of PMC Pushers?

December 25, 2011

Anyone who has ever used a contractor for anything, i.e., fixing your chimney, installing electrical circuitry, repairing a furnace, let alone protecting a supply convoy or your average American diplomat in a war zone, knows they all have one thing in common, aside from actually doing the job. And that is to do more jobs for you in the future. In short they want your continued business. Or, put more baldly, they want you to become dependent on them as a supplier of needed services. Hmm, not to sound critical but, getting someone hooked on what you have to offer; what does that remind you of? Anyway, that was the subject of a conference paper Outsourcing Force: An Examination of the State-Based Impacts of Private Military Contractors presented at the annual meeting of the Theory vs. Policy? Connecting Scholars and Practitioners, in New Orleans in February 2010 by Megan O’Keefe. Following in the footsteps of such scholars as Deborah Avant whose 2005 book The Market for Force: The Consequences of Privatizing Security detailed the inevitable trade-offs that the market for force imposes on the states, firms and people wishing to control it O’Keefe writes: Private military companies have become ubiquitous actors in theatre and in garrison. The decision to privatise military functions to contractors may have initially been perceived as a rational option by states seeking to augment their capabilities and pursue their national interest. Yet, the more states decide to privatise, the more they may become dependent on these actors to perform tasks ranging from the offensive to the seemingly innocuous. Outsourcing ostensibly harmless tasks, such as training or threat assessment, may have considerable repercussions on the state’s autonomy, democratic values, and military capacity. Granted, there any number of perfectly legitimate reasons a government might want to use a private military or security contractor. But in O’Keefe’s view dependence on these actors may have negative repercussions on the state. She wrote, “The continued use of these actors may in fact be detrimental to the national interest as they negatively impact democratic values, challenge the state’s ability to control force, invade the state’s autonomy and ability to determine policy objectives, diminish the retention of institutional military knowledge, and erode the military’s value system. The impact of these factors may have significant consequences on the state’s future ability to pursue its national interest.” What are these reasons? It’s been said before but not nearly enough. Though the use of contractors can been interpreted as beneficial in the short-term to help evade the ‘body-bag syndrome,’ the continued use of private military actors reduces transparency and accountability. Contractor activities and causalities are less reported by the media, and the contracts themselves are not accessible by access to information requests. When contracts are released to the public or state officials, the corporations can black out passages as they see fit. As someone who has filed a lot of FOIA requests on this topic I can only say, amen sister. Tell it! Furthermore, given all of the perceived instrumental benefits of using private forces, state leaders may be less likely to utilise their national forces. This means that public participation in security decisions and foreign policy strategies may be reduced. Essentially, “the visibility, sacrifice, and political cost of using force” is diminished. A greater, if less appreciated problem, is that continued use of PMSC affects a nation’s ability to dispassionately consider its security threats. This increased dependency, while affecting democratic values, may also impair the state’s ability to control the use of its military and the threats it responds to. As states continue to use private military firms for training, logistics, and core functions such as VIP protection, security, and offensive operations, the industry becomes legitimised as a valid actor within military decision-making. Moreover, contractors are beginning to have greater control over intelligence and surveillance. This means that as private military actors continue to be employed, they have a greater role in threat assessment, and as Leander argues, the firms are becoming directly involved in producing security discourses. In the United States, PM/SCs are perceived to be experts in military intelligence, and the information and risk assessments they provide are directly involved in state decisions about threats and security concerns. Leander notes that, “[t]he information is structured and selected by the firm that provides it.” The firms provide recommendations on how to respond to the threats they have identified. It is not implausible that PM/SCs are recommending actions–including more intelligence, enhancing security, or offensively responding to threats–that involve the hiring of contractors in response to the identified risks. It will come as no surprise that firms often consider their own services appropriate. DynCorp is a prime example of a firm which provides a package deal. It has for example held contracts on the national, provincial and municipal levels in Iraq to assess threats, train Iraqi police and military personnel and give advice on the reorganisation of the Iraqi justice system.

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NORAD Santa Trackers Having Record Holiday

December 25, 2011

DENVER — Santa’s piling up more than presents this year. The big man’s trackers at NORAD say Santa Claus also broke records this Christmas Eve. Volunteers at Peterson Air Force Base in Colorado had fielded more than 80,000 calls Saturday evening, breaking the previous record. Also, Santa’s NORAD Facebook page approached 980,000 “likes.” Last year, Santa had 716,000 “likes.” Volunteers at NORAD Tracks Santa said kids started calling at 4 a.m. Saturday to find out where Santa was. “The phones are ringing like crazy,” Lt. Cmdr. Bill Lewis said Saturday. The North American Aerospace Defense Command has been telling anxious children about Santa’s whereabouts every year since 1955. That was the year a Colorado Springs newspaper ad invited kids to call Santa on a hotline, but the number had a typo, and dozens of kids wound up talking to the Continental Aerospace Defense Command, NORAD’s predecessor. The officers on duty played along and began sharing reports on Santa’s progress. It’s now a deep-rooted tradition at NORAD, a joint U.S.-Canada command that monitors the North American skies and seas from a control center at Peterson. Santa’s first stop in the U.S. came at 9:02 p.m. MST in Atlanta, said Canadian Navy Lt. Al Blondin. NORAD’s Santa updates are blowing up on social media, too. In addition to the website and Facebook and Twitter pages, Santa this year has a new tracking app for smart phones. The app includes the Elf Toss, a game similar to Angry Birds. First lady Michelle Obama was among the volunteers for a second year in a row. She took about 10 calls from her family’s holiday vacation in Hawaii. Lewis said Obama’s voice didn’t throw any of the phoning children. “They all just asked run-of-the-mill stuff. They wanted to know about Santa,” Lewis said. ___ Online:

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End Of Year Job Growth Boosting Hopes For Spending Next Year

December 24, 2011

WASHINGTON — Consumer spending and incomes barely rose last month. Business investment has slowed. New-home sales remain dismal. Despite all that, some economists say a brightening job market is lifting their hopes for 2012. More aggressive hiring, the thinking goes, would fuel enough spending to boost the economy. Economists point to another drop reported this week in applications for unemployment benefits, the third straight decline. Applications are now at their lowest level since April 2008. The trend is signaling that layoffs have all but stalled and that employers may be ready to step up hiring. Unemployment, after hovering around 9 percent for more than two years, dropped in November to 8.6 percent. Employers have added at least 100,000 jobs each month from July through November. It’s the best such streak since 2006. Ian Shepherdson, chief U.S. economist at High Frequency Economics, said he expects the economy to grow at a 2.5 percent annual rate in the current October-December quarter. That would be the best performance in a year. More jobs would mean more income. More pay tends to raise consumer spending, which makes up about 70 percent of the economy. Companies then have reason to increase hiring to meet stronger demand. “We are hopeful that the plunge in jobless claims signals exactly that,” Shepherdson said in a research note Friday. Chris G. Christopher Jr., senior economist at IHS Global Insight, noted that many households are still struggling with slight or no pay increases. “But gasoline prices have been falling, and that is giving them more money to spend on other items,” he said. The government said Friday that consumer spending rose just 0.1 percent in November, matching the increase in October. Incomes also rose a scant 0.1 percent. Modest as they were, economists said the figures at least signaled that incomes and spending aren’t stalling. Healthier economic data in recent weeks have helped make the prospect of another U.S. recession seem more remote – as long as Europe’s debt crisis doesn’t trigger a catastrophe that infects the global economy. Some economists trimmed their forecasts for growth based on the weaker-than-expected consumer spending data for November. But they said they still expected the economy to expand at a solid annual rate of 3 percent in the current October-December quarter. It would be the best showing since the spring of 2010. “We are seeing some momentum going into the new year,” said Stuart Hoffman, chief economist at PNC Financial. “At least we are not in a tight spot where we are still worried about relapsing into recession.” Hoffman said that a major source of uncertainty for 2012 was removed this week with Congress’ agreement to extend a Social Security tax cut for 160 million workers – for two months, anyway. As part of the deal, Congress also renewed benefits for the long-term unemployed. If that hadn’t happened, millions of unemployed people would have begun to lose weekly checks averaging about $300 – the main source of income for most of them. And if the payroll tax cut and the long-term unemployment benefits hadn’t been renewed for 2012, economists said the modest growth of around 2.5 percent they expect next year would have been a full percentage point lower. On Friday, the government also released a cautionary report on U.S. manufacturing. Companies’ demand for long-lasting manufactured goods rose by the most in four months in November. But so-called core capital goods, a gauge of business investment spending, dropped for a second straight month. Still, analysts said that with demand for items such as autos still strong, they expect further gains in factory orders and production. In a third report, sales of new homes rose 1.6 percent in November to a seasonally adjusted annual rate of 315,000. Even with that small gain, 2011 is likely to end up as the worst year for new-home sales on records dating to 1963. More significant for the economy was Friday’s report on incomes and spending in November. The scant income gain reflected a decline in wages and salaries. They are the biggest component of incomes. The sluggish rise in spending was held back by a 0.3 percent drop in spending on non-durable goods such as food, clothing and gasoline. Spending on durable goods rose 0.8 percent. The gain reflected solid auto sales in November. Spending on services rose a modest 0.1 percent. This category includes such items as medical treatments and rent, The consumer spending report covers all items that households buy, including services, which make up about two-thirds of spending. After-tax incomes showed no growth in November. The savings rate dipped to 3.5 percent of after-tax incomes, the lowest rate since late 2007. That shows consumers are having to tap their savings to finance their spending because of the weak income growth. The best antidote for that would be an increase in hiring now that fewer people are being laid off. “The jobless claims data point to stronger jobs growth emerging,” said John Ryding, an economist at RDQ Economics. ___ AP Economics Writer Derek Kravitz contributed to this report.

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Canadians May Now Be Richer Than Americans

December 24, 2011

This year, for the first time on record, Canadians may have exceeded their American neighbours in wealth. According to estimates from the IMF, flagged by Kevin Carmichael at the Globe and Mail , Canada’s gross domestic product per person is on track to be $51,147 per person in Canada , compared to $48,147 in the United States . It’s a reflection of the persistent weakness of the U.S. economy since the financial crisis began in 2008, and the relative strength of Canada’s economy, which has benefited from high commodity prices and surging demand in developing countries. And according to available data, it may be the first time in history that Canadians have been richer than their brethren south of the border. Historical data shows the U.S.’s per capita GDP in 1900 was $4,096 in constant U.S. dollars, while Canada’s was $2,758 . In 1950, the U.S. was at $9,753 , while Canada was at $7,047. By 1973, the U.S. led Canada $16,607 to $13,644 . Canada’s relative strength is a surprise to many economists, who have been warning that the country’s lagging productivity gains would hurt its economic growth in the long term. Data from Statistics Canada shows that, even as Canada’s GDP growth has exceeded the U.S.’s by five per cent over the past 14 years, its productivity per worker has shrunk more than 15 per cent relative to U.S. workers . So how can Canadians be getting richer when their productivity has fallen so far behind the U.S.? As the Wall Street Journal recently reported, economists may have overstated the importance of productivity growth — particularly for a commodities exporter like Canada. The Journal cites a report from Statistics Canada suggesting Canadians may not have to be as productive as Americans in order to enjoy a higher standard of living — simply because we’re getting more money for the things we sell. “When nations trade, there are other routes that can raise living standards,” Statscan’s Ryan Macdonald writes. “Trading nations can transform their stock of assets (knowledge, capital, resources) into the goods and services they want to consume by exchanging them with other nations. If the terms at which one nation can trade with another improve, then that nation can transform its exports into a greater flow of imported goods and services, thereby increasing its living standards.” In other words, because the price of oil and other commodities has gone up, we’re able to buy more for what we produce — essentially overcoming our lagging productivity. 5 ECONOMIC LANDMINES THAT COULD DERAIL CANADA IN 2012

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Sandwich Chain Eyes Possible Bankruptcy Protection

December 24, 2011

DENVER — Quiznos says a majority of its creditors have agreed to a plan by the restaurant chain to restructure or pay off some $875 million in debt, but it may yet file for Chapter 11 bankruptcy protection. The plan outlined Friday calls for one of Quiznos’ major creditors, investment firm Avenue Capital, to invest $150 million of new equity capital into the chain. The investment would be made up of equity and the conversion of debt to equity, and would make Avenue Capital majority owner of the Denver-based sandwich seller. The plan would eliminate nearly one-third of Quiznos’ debt and provide it with $75 million to continue operating. Quiznos says it will file for bankruptcy protection if it fails to reach restructuring deals with all of its creditors and cannot receive significant concessions from former executives and certain landlords and former area developers. Quiznos CEO Greg MacDonald said the company expects to continue operating as usual and to honor all its vendor obligations while it pursues the out-of-court restructuring process. In April 2010, the company disclosed it received a significant capital injection from its primary shareholders and had the terms of its debt extended to give it more financial breathing room. But this summer, the company hired advisers to help it restructure and rework its finances. The Wall Street Journal reported in July that Quiznos had told its lenders that results in its latest quarter would likely come in well below previous projections. Its revenue fell as customer traffic dropped during the recession. The restructuring plan Quiznos announced Friday calls for part of the funding provided by Avenue Capital to be used to retire nearly $300 million of the company’s first-lien debt. Quiznos said it reached debt restructuring support agreements with parties representing about 75.1 percent of its first-lien loans and 72.8 percent of its second-lien loans. The plan involves restructuring the loans and equity interests in the company through either the out-of-court exchange offer or a prepackaged Chapter 11 filing. The exchange offer would pay the holders of $650 million in Quiznos’ first-lien debt $75 million in cash and extend the due date on the balance of the loans for five years after the restructuring plan closes. All of the first-lien debt holders would be able to swap about $200 million in loans for a new second-lien debt, Quiznos said. Some of its lenders already have agreed to swap about $150 million in first-lien loans. Creditors with some $225 million in second-lien loans will exchange their loans for a proportional share of 40 percent of new equity in the reorganized company, Quiznos said. The company said it is seeking significant concessions from some creditors, including former company executives, landlords and developers. If it fails to get all of its debt holders to agree to the debt swap, Quiznos said it will file for bankruptcy protection. It already has begun soliciting creditors for support of a pre-packaged reorganization plan under Chapter 11. But the terms of such a plan would be less favorable for its creditors, the company said. Quiznos had roughly 3,500 stores across the U.S. and in other countries as of July. It has closed about 1,500 stores in recent years.

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Peter Gardett: Shadow Banks Go Long Energy Projects

December 23, 2011

Hundreds of millions of dollars have been committed to solar and wind projects in recent weeks, and while the end of the year often brings with it a spate of deals to avoid upcoming changes in tax policy , that money is coming from a new and different source. The rush of dealmaking in the final weeks of 2011 has been striking after a relatively slow year in fundraising for energy deals of any kind, but even more surprising have been the players: private equity firms and hedge funds. Private equity firms and hedge funds are part of what is often referred to as the “shadow banking system,” a collection of financial players that do not take deposits and operate outside the traditional regulatory formats of large banks. They have grown in scale and importance in recent decades despite occasional problems like the failure of Long Term Capital Management, and amid increased regulation and constricted lending by traditional banks, these members of the shadow banking system are playing an increasingly important role in the energy business. The Players Change The timing of the recent deals overlapped a rush of headlines outlining new regulatory threats to traditional bank lending for comparatively risky projects. The Commodity Futures Trading Commission released new rules designed to improve the transparency of energy hedging activity but also potentially reducing trading volume in markets banks use to hedge project financing risk. The Federal Reserve indicated its intention to boost capital requirements to comply with increasingly strict Basel III international banking rules that will leave banks desperate to cut leverage and conserve capital where they can. And the largest US banks began to signal their intent to declare themselves as SIFIs (systemically important financial institutions), which would limit their ability to lend and act as counterparties but would guarantee them eased access to cheap government financing. Banks’ diminished appetite for project financing risk or lending to troubled sectors are reflected in the kinds of deals their private equity brethren picked up in recent days. The new deals announced at the end of this year include KKR’s investment in a quartet of Recurrent Energy Solar projects, Terra Firma’s purchase of wind energy assets and South Korean private equity funds in California’s Stion solar manufacturing firm. The largest private equity firms and hedge funds may need to register as SIFIs, but so far they have resisted pressure to limit their activities. They may be joined, both as partners and competitors, by discreet sovereign wealth funds and state-owned international energy companies, both of which have made significant investments in the US energy sector in recent years. The Game Remains The Same The financial world often views hedge fund and private equity players as “cowboy” institutions, keen to juice returns to investors and owners through leveraged financing, strategic reorganizations and tax-advantaged trades. The traditional view of the shadow banking system is one of fast moves and quick profitable exits, both approaches ill suited to the heavily regulated and politically sensitive but stable and potentially lucrative energy sector. The shift in KKR’s approach to the energy sector in the past few years demonstrates a new approach by private equity as they adjust to their new scale and focus on reliability of returns – a traditional banker’s approach – rather than asset appreciation. KKR purchased the massive and diversified utility TXU five years ago for $45 billion, and while that deal’s final outcome is still up for judgement, the firm has repeatedly had to dial back expectations as its plans for boosting value came up against a host of political, regulatory and economic challenges. Last week’s investment in Recurrent was made by KKR’s infrastructure fund, a pool of money dedicated more to steady returns from transparent and comprehensible credit risks better suited to energy sector investing. The money to be made in energy infrastructure is usually patient money, despite the appeal of fast returns from energy trading or oil-and-gas wildcatting. As shadow bankers learn new ways of evaluating energy investments, they will also bring with them new kinds of portfolio pressures and analysis as they knock on energy company doors. They have the potential (and increasingly the capital) to upend longstanding corporate relationships and alliances between major energy companies and major banks. The reputation of private equity and hedge fund groups for short-termism and rapacity can make it difficult for stakeholders to swallow the idea of their taking larger positions in US energy infrastructure ownership. But with as much as $4 trillion needed to shore up crumbling infrastructure and avoid blackouts in the coming twenty years, the industry needs all the private capital it can attract. If energy companies and new investor types can learn from each other, a virtuous cycle could result marked by steady returns on capital and revived national infrastructure. But get ready to navigate a bumpy, educational road while we get there. See more from Peter Gardett and other AOL Energy editors here.

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Carla Seaquist: What Next, Occupy? Revise Gordon Gekko

December 23, 2011

Quo vadis , Occupy? With the encampments folding or forcibly shut down — for reasons of public health or winter weather — and with eulogies already appearing, what next for the earthquake known as Occupy Wall Street? Rather than go dark ’til spring, inventive activists are pressing on with useful actions like Occupy the Classroom — protesting for example the teaching of economics, specifically the school of thought promoting the predatory market capitalism that produces, and tolerates, the large-scale social suffering we have today. Occupy the Campus protests have sprung up across the country, with students protesting hefty tuition hikes, unbearable debt loads, and a future short on jobs. Other actions, like Occupy the Ports , are arguably less productive. How does preventing a worker from getting to his/her job on the docks—a job all the more precious in a recession that grinds on and on — defend and advance the interests of the 99%, the constituency Occupy purports to represent? Tellingly, a growing number of unions are disavowing the “aid” of these particular occupiers ( here and here ). To the question of what next for Occupy, best guide might be a look back — at New York’s Zuccotti Park, where the earthquake began. Locating the first protest within hailing distance of the beast — Wall Street — was symbolically so powerful that millions of us non-New Yorkers got it quicker than a New York minute: This is about economic justice — a banner and a deal that the 99% could eagerly embrace. I submit, however, there is unfinished business there in Zuccotti — and it has to do with a figure operating just up the street: Gordon Gekko, predatory Wall Streeter of recent myth and creator of mass economic injustice. This unfinished business is not about hoisting tents again, but hoisting a metaphor. We need to occupy the Gekko myth and revise his nefarious motto—that “Greed is good” —a “truth” that has seeped deep, deep into American culture since Wall Street , the film he featured in, came out in 1987. While intended as a cautionary tale by its creator Oliver Stone ( here , here , and here ), how often have we heard real Wall Street figures—and, let’s be fair, a fair number of the 99%—say they embraced “Greed is good” as their operational mantra, greed having been legitimated as a cultural OK thanks to the film, with the cautionary part pretty completely ignored? A quarter-century later, we see that the greed, with its money-power, has gone too far, is not OK. (As my Republican mother established , “Greed is killing this country and we have got to turn it around.”) Were we to create a counter-motto, “Greed is not good,” or more realistically and also much better for economic recovery, “Greed is OK— within clearly defined bounds specified by the U.S. Congress and enforced by the S.E.C .,” not only Wall Street might be reformed but our culture repaired. Call it sustainable greed. Imagine: Responsibility and prudence would again become good things, not laughable or uncool. Might a sense of shared fate follow? Occupying the Gekko myth is doable because it’s about the culture, not (polarized) politics. It’s safe to talk with Republicans about how greed distorts the grand American experiment of capitalism-and-democracy and to agree in principle about economic justice, whereas to talk about, say, raising the debt ceiling, not so much. Such culture-focused talk enables supporters to better counter two big knocks on Occupy: that it’s anti-capitalist and pro-”free handouts.” We want capitalism with a human face and without the thumb of the 1% on the scales. (Note to economists from a dummy on the subject: Isn’t there a theory that proves a humane capitalism is also the most productive?) Sooner or later of course we must return to politics — where some Occupiers disdain to go. How else do we achieve the economic justice that Occupy proclaims? The to-do list is long. Finally we could press, for example, for serious campaign finance reform, to reduce the influence of money-power and greed in politics; and for a Constitutional amendment to overturn the Supreme Court’s Citizens United decision, the one giving the 1% way more than 1% of a voice. Significantly, also: Stepping back into politics will separate the anarchists of Occupy from the conscientious… Speaking of greed and anarchy, a note: At a Seattle Town Hall meeting set up ostensibly for Occupy Seattle and the community to interact, the Occupiers brought things to a quick halt — with incessant “mic checks,” twinkling fingers, innocent questions shouted down, and with political “contamination” vehemently rejected. This is anarchy not democracy, said I to myself, and I walked out — along with droves of others (see news report ). Memo to Occupy: Primal screams — for economic justice — can’t be copyrighted or occupied. Happily, none other than President Obama has taken up the call for economic justice in a major way, with his recent speech in Kansas ( here and here ). In it he cited Wall Street for “breathtaking greed” and “irresponsibility all across the system” and made a ringing defense of the middle class — a strategy with which he can (to risk overuse of a dandy new verb) occupy the 2012 presidential campaign. To reoccupy both houses of Congress — only way to break the present logjam — other Democrats might follow suit. Meanwhile, Republican contender and former financier Mitt Romney expects to be Gekko’d ( here and here ). Finally: My enduring problem with Wall Street the film was that the villainous Gordon Gekko was never forced to face off against a proper antagonist, a challenger of equal weight, one who could put the “cautionary” in the tale. The character who ultimately brought Gekko down and sent him to prison was an underling who was if anything even more greedy and predatory than his boss. Wouldn’t it be wonderful — not to say nation- and culture-saving — if We the People stepped up and, lo these many years later and in our maturity, decked Gekko the Greedster ourselves? Carla Seaquist is author of Manufacturing Hope: Post-9/11 Notes on Politics, Culture, Torture, and the American Character. Also a playwright, she is author of the forthcoming volume, Two Plays of Life and Death, and is at work on a play titled, Prodigal.

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MF Global Collapse Puts Spotlight On Clearing Houses

December 23, 2011

LONDON (Reuters) – The collapse of U.S. futures brokerage MF Global has brought to light inconsistencies in the way clearing houses operate, prompting questions over regulatory plans to use more of these platforms to make markets safer. The confusion stems from the fact the largest European futures markets — Deutsche Boerse’s Eurex and NYSE Euronext’s Liffe — use different arrangements when a market party defaults. Six weeks after the U.S. firm’s demise, some clients are still angry about the different approaches to the MF Global unwind the clearers took, leaving them in the dark for weeks as to what had happened to their money. “There was confusion around the clearing houses, as some transferred positions and others closed them out,” said one senior futures trader at a large investment bank. “In the immediate aftermath of the default we simply didn’t know our exposure,” this person said. Clearing houses like LCH.Clearnet, which clears Liffe, and Eurex Clearing sit between trading partners and hold money to reimburse any firm left out of pocket if a counterparty defaults, making the markets less risky. Regulators in the United States and Europe are keen to increase the use of clearing houses after the collapse of Lehman Brothers in 2008, which they say has the additional benefit of making the market more transparent. At the moment, mainly exchange-traded assets such as equities, futures and options, use clearing. But regulators are keen to expand the use of clearing into OTC products such as swaps, bonds and foreign exchange. But the confusion after the demise of MF Global has triggered demands that top clearing firms adopt a more unified approach before they adopt these greater tasks. “There is no standardization across the different clearing houses in Europe and no standardization between Europe and the U.S., which is confusing for clients, particularly when dealing with a global player like MF Global,” said Grewal. Eurex Clearing began liquidating, or selling off, positions after MF Global defaulted, a process it had completed by the following day, November 2. By contrast LCH.Clearnet, gave members the option of keeping their positions open. It then switched those positions to other brokers, a more laborious process that took until the end of November to complete. Eurex likes the liquidation approach, because clients quickly have certainty. LCH argues that transfers are preferable because clients need these positions to hedge others, and liquidating the trades increases client risk exposure. “You’d think the clearing houses would have had a conversation about this but from what we are seeing now it looks like there was no coordination,” said Simmy Grewal, analyst at research and consulting firm Aite Group. “MF Global was trading vanilla listed futures and options, and it exposed serious flaws in the clearing model. How will the clearing houses perform if a large OTC broker goes under?” she said. The criticism comes with Deutsche Boerse and NYSE Euronext set to merge, pending European support for the $9 billion merger. The combination would likely lead to greater consistency in how Eurex and Liffe are cleared but it might also expedite the growth of rival platforms that could use different clearing practices. (Editing by Douwe Miedema and Jon Loades-Carter) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Clay Farris Naff: The True Meaning Of Christmas In An International Age Of Science

December 23, 2011

Steve Doocy, soulmate to 30 Rock’s Kenneth Parcell and cheerleader-in-chief for the annual “War on Christmas” pity party at Fox News, posed an interesting question. Interviewing the group church ladies behind a “Merry Christmas from Jesus” billboard campaign, he asked them what their Lord and Savior would say if he showed up at this festive time of the year. “We thought and thought, and we thought maybe he’d say, ‘I miss hearing you say, “Merry Christmas,”‘” responded the grandmotherly woman in the Santa sweater . Seems more likely to me the first words out of Jesus’ mouth would be “What the…???” Nothing about Christmas would be the least bit recognizable to the Jewish itinerant preacher who was born, as near as anyone can estimate , sometime in the spring roughly 2,015 years ago. The holiday that fervent Foxers strive to defend has no Jewish roots at all. As I have playfully pointed out in these pages , Christmas is a pagan solstice holiday co-opted by Roman Christian autocrats centuries after the life of Jesus. As for being a birthday celebration, well, that just wouldn’t have been meaningful to Jesus. People didn’t have wall calendars in those days, let alone Facebook reminders, and no one paid much attention to birthdays — not even that of Jesus Christ. There’s no evidence that Jesus was aware of all the folderol that the Bible says occurred at his birth, and there’s no evidence that anyone made anything of it for a long time after his death. Little wonder: the earliest Gospel, that of Mark, makes no mention of Christ’s birth, and the first to do so, Matthew, was written 60 years or more after his birth. Even that gives no hint that it took place around the end of December. And anyway, why would we celebrate it by decorating a fir tree? Apologists will try to con you that St. Boniface invented the Christmas tree while converting the Germanic tribes. ” Legend has it that he used the triangular shape of the Fir Tree to describe the Holy Trinity of God the Father, Son and Holy Spirit.” This is patent nonsense. Even fur-clad, club-wielding Visigoths would have known that a fir tree is conical. It’s only in modern, stylized drawings that it looks anything like a triangle. Besides, it would have been so much easier to make a cross — the main symbol of Christ — and put it up on the old hut wall than to cut down a conifer and drag that into their dwelling. In short, the “Keep Christ in Christmas” crowd is barking up the wrong solstice tree. He was never there. Does all of this render Christmas meaningless? Not at all. In fact, knowing and accepting that Christmas is much more than a Christian holiday restores it to its original, pluralistic meaning. Many different cultures in Europe and the Middle East celebrated the Winter Solstice. When the Roman Empire forcibly united them under its banner, it nevertheless allowed the varying religious celebrations of the solstice to go on — until Constantine got it into his head that Christ was his key to military victory. That was the beginning of the end for pluralism. In 350 Pope Julius I declared Dec. 25 to be Christ’s birthday, and Christianity was enforced on all members of the empire — excepting the Jews, who were merely persecuted and exploited for the next few millenia. Today, however, Christmas has recaptured some of its early multicultural splendor. Since the end of World War II, Santa has been a regular department store icon in Japan, where almost no one is Christian. There are European Muslims who celebrate a non-religious version of Christmas by having a guy dressed up as Santa come to a public place and give out presents to children. And of course, in America, despite Charlie Brown’s best efforts, Christmas has become an orgy of crass commercialism. I’m sympathetic to Charlie Brown’s view. If I were benevolent dictator, I would ban the use of Santa or sacred music in commercials. I even have a little sympathy for the church ladies. Their implicit xenophobia and cultural imperialism aside, I understand the fears they harbor — a magical, mythical childlike, worldview that Christmas more than any other holiday embodies is slipping from our grasp. Yet, this is like grieving over the fall of the British Empire while failing to notice that English has, more or less peacefully, become our global common language. True, science has torn down the illusion that we live in a morally ordered world, where a benevolent God deals out harsh justice to evildoers and upholds the righteous. We know beyond all reasonable doubt that natural disaster and tragedy strike blindly at the good, the bad and the indifferent. We know that Santa cannot possibly visit every child’s home on Christmas Eve. Worse yet, we know that on Christmas Day, as on every day, tens of thousands of children will die of starvation, accident, disease and abuse. And we know that, somehow, we have to learn to live in a world where people will never agree on a single set of sacred beliefs. None of this means that Christians cannot keep observing Christmas in their own way. It just means that they need to accept that it the days when the Holy Roman Empire could enforce it on all citizens are gone forever. Yet, despite all the disillusionment, Christmas has found a new and beautiful meaning as a celebration of love made good by the giving of gifts to children, to family and friends, and to strangers in need.

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Federal Judge Rudolph Randa Rules SEC Agreement Too Soft

December 22, 2011

A federal judge in Milwaukee has criticized the Securities and Exchange Commission for being too soft with corporate enforcement, marking the second time the agency has been criticized for weak settlements in the past month. Shadowing last month’s decision by U.S. district judge Jed Rakoff to kibosh the agency’s $258 million proposed settlement with Citibank, a federal judge in Milwaukee told the SEC that its proposed settlement with the Koss Corp. is too vague and asked the agency to provide more facts by January 24. In October the SEC charged Koss Corp., a headphone-manufacturer, with accounting fraud. Wednesday’s ruling from U.S. district judge Rudolph Randa is the latest in a string of actions by federal judges to challenge the way the government agency enforces regulations. The decision underscores the significance of the November ruling by Judge Rakoff to toss out the proposed settlement between the SEC and Citigroup that didn’t have enough facts, Rokoff said, and did not force the corporation to admit guilt. After the Citibank settlement, the SEC responded, saying the proposed agreement was business as usual . But Judge Rakoff’s decision — now followed by Judge Randa — suggests the status quo is getting a rethink. Adam C. Pritchard, a law professor at the University of Michigan Law School, told The Huffington Post last month, “Judge Rakoff is saying that he thinks it’s time to figure out what the law is, what the obligations are for these banks.” However, amid criticism that the agency isn’t doing enough to hold executives accountable for the financial crisis, the SEC announced last week that it is suing six former Fannie Mae and Freddie Mac executives for misleading the public about the mortgage giants’ exposure to risky subprime mortgages as the housing bubble deflated. Last February, SEC chairwoman Mary Schapiro said that the agency doesn’t have enough money to satisfactorily police Wall Street or draft new regulations required by the Dodd-Frank financial reform law. Frustration on the bench has been growing elsewhere. In 2010, two federal judges in Washington raised eyebrows over SEC and other government settlements . One federal judge refused to approve a $75 million settlement with Citibank in another case related to subprime mortgages. Another federal judge was critical of a $298 million deal between Barclay’s and the U.S. Department of Justice over charges that the bank had altered records to obscure international money transfers.

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Hungary’s Credit Rating Downgraded To Junk By S&P

December 21, 2011

Standard & Poor’s Ratings Services on Wednesday downgraded Hungary’s credit rating to “junk” level because of worries about proposed policy changes regarding the country’s central bank. The S&P analysts lowered their ratings on Hungary’s debt to the non-investment grade with a “Negative” outlook. That means there is at least a 1-in-3 possibility of another downgrade over the next year if Hungary’s fiscal performance deteriorates. The lower rating could mean that Hungary has more difficulty borrowing, and have to pay higher rates on its debt. Moody’s, a rival credit-ratings agency, had downgraded Hungary’s rating to junk status in late November. The S&P analysts said Wednesday that policy changes related to Hungary’s central bank appear to curtail the bank’s independence. Such changes complicate the operating environment for investors, the S&P analysts said. They’re likely to have a negative impact on investment and fiscal planning, which will weigh on Hungary’s medium-term growth prospects, S&P concluded. “The downgrade reflects our opinion that the predictability and credibility of Hungary’s policy framework continues to weaken,” they said. Prime Minister Viktor Orban’s government has taken steps to gain greater influence over the National Bank of Hungary, led by Andras Simor. A new law regulating the central bank is being debated in Parliament. The government is also laying the legal groundwork for the possible merger of the central bank and Hungary’s financial regulator. On Friday, the European Union and the International Monetary Fund also broke off preliminary talks with Hungary on a financial aid package because of concerns about the central bank. Hungary said last month it would seek to work out a deal for unspecified aid from the IMF and the EU, a “security net” to reassure investors about its creditworthiness and financial stability. Formal talks between Hungary and the IMF and EU were supposed to begin in January. It was not clear yet how Friday’s move would affect those talks. S&P analysts said the authorities have indicated that negotiations are likely to resume then. S&P said other factors also figured into its downgrade. The weak economy in other countries could affect Hungary, as well as the country’s imposition of temporary tax hikes on various services that S&P said is likely to depress investment and job creation in the short term. The ratings agency cut its long- and short-term sovereign credit ratings on Hungary to “BB+/B” from “BBB-/A-3.” Earlier this month, S&P threatened to lower its rating on 15 European countries – even Germany, the most powerful economy in Europe – if their leaders don’t agree on a tough response to the European debt crisis.

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Edward Flattau: It’s the Economy, Stupid

December 21, 2011

Recently, conservative radio talk show host Sean Hannity unwittingly promoted the idea of transforming our conspicuous consumption-oriented society into an environmentally sustainable one. Hannity would probably cringe at the thought, but if he had gone more than halfway during his broadcast, he would have ended up on the same wavelength with progressives, his arch ideological foes. In the midst of his daily monologue excoriating President Obama for the sluggish economy, Hannity paused long enough to commiserate with those who were too fiscally-strapped to buy the Christmas gifts they desired for their families. Don’t despair, he counseled, who needs all those expensive presents anyway? For gifts, he suggested that people write letters of endearment, compose poems, make something with a do-it-yourself kit, perform good deeds in behalf of loved ones, or set aside some quality time to spend together. These actions, he declared, would be much more appreciated and remembered in the long term than any acquisition of “stuff” during the holidays. Hannity’s recommendations for those down and out were on the mark as far as they went. He failed to close the circle as environmentalists have done by recognizing that this low impact consumptive pattern is desirable, and in the long term, ecologically imperative for all Americans, regardless of their financial status. Seventy percent of our current economy stems from our shopping for “stuff,” a ratio that makes the system environmentally unsustainable. Our materialistic addiction is depleting the planet’s finite raw materials at an alarming pace. Discarded items are filling our waste dumps instead of being recycled for repeated use. Renewable natural resources are being utilized at a faster rate than they can regenerate. If these trends continue unabated, future generations are in for a rough ride. To make matters worse, we are buying a lot of resource-intensive goods that we really don’t need, often can’t afford, and if we reflected at any length, actually don’t want. Our brief attention span with new products is cultivated by manufacturers who deliberately make the items short-lived (planned obsolescence) so that we are soon back in the hunt for another purchase. Does this mean we should forego gift giving? Shopping? Could a more environmentally sustainable economy replace the loss of conspicuous consumption revenue and just as importantly, give us a satisfying quality of life? The response to the first two questions is in the negative, to the third in the affirmative. We can’t suppress our acquisitive instinct. It is an elemental part of human nature. But it can be steered in an environmentally sustainable direction by tax incentives and disincentives, pricing items to reflect the cost of pollution damage incurred in their production, and employing education to inculcate the distinct advantages of qualitative over quantitative values. What would such a society look like? There would be a major shift away from consumer items built for one-time disposal. Goods would be manufactured for durability and eventual recycling, mimicking the basic modus operandi of nature. Whole new industries would open up to repair and reconstitute essential products The economy would rely more heavily on technological innovation as a catalyst. Expansion and maintenance of municipal and transportation infrastructures would be major sources of employment. Other sectors that would assume a larger role in the job creation picture would be agriculture and the labor intensive service and entertainment industries, ranging from education and health to arts and leisure. A cultural shift would gradually take place in which greater value would be attached to retention of knowledge and cultivation of high quality individual relationships than ownership of a closet full of designer clothes. Conservation would be embraced as a national status symbol, putting to rest any perception of it being a dressed-up version of deprivation. Poor Hannity never dreamed he was espousing the enemy camp’s framework for a restructured economy and cultural revolution. But no need to feel sorry for him. In the words of the 18th century bard Thomas Gray, “Ignorance is bliss.”

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Immigrants Founded Half Of Top U.S. Startups, Study Finds

December 21, 2011

(Sarah McBride) – Immigrants founded or cofounded almost half of 50 top venture-backed companies in the United States, a new study shows, underscoring some of the high stakes in potential immigration reform. The venture capital community argues the study, completed by research group National Foundation for American Policy, proves the need to overhaul rules governing how entrepreneurs can immigrate to the United States to spur job development. “It’s a gamble whether an entrepreneur should stay or leave right now, and that’s not how the immigration system should work,” said Mark Heesen, president of the National Venture Capital Association, on a call with reporters. “What we need is legislation that helps these entrepreneurs from outside the United States.” Of the 50 top venture-backed companies, 23 had at least one immigrant founder, the study found. In addition, 37 of the 50 companies employed at least one immigrant in a key management position such as chief technology officer. Companies with immigrant founders include some of Silicon Valley’s hot start-ups, such as textbook-rental service Chegg, founded by Indian Aayush Phumbhra and Briton Osman Rashid; online craft marketplace Etsy, founded by Swiss Haim Schoppik; and Web publisher Glam Media, founded by Indians Samir Arora and Raj Narayan. The countries that supplied the most founders included India, Israel, Canada, Iran and New Zealand, the study found, and the immigrant-founded companies created an average of 150 jobs. The study looked at the top 50 venture-backed companies as measured by research firm VentureSource, based on factors such as company growth and the amount of capital raised. VentureSource considered only companies valued at less than $1 billion. Young companies and their backers say the rules are too cumbersome and encourage non-U.S. citizens to launch start-up businesses elsewhere, or bog down companies in red tape if they commit to basing in the United States. One obstacle to the loosening of immigration rules for entrepreneurs is a tendency in Congress to consider legal and illegal immigration jointly, Heesen said. Because illegal-immigration issues are so divisive, he said, overall immigration reform has bogged down. The NFAP identified bills pending in the House of Representatives and the Senate that would help through measures such as lowering the amount of capital an entrepreneur has to raise before being eligible for an immigrant visa. (Source: http://www.nfap.com/pdf/NFAPPolicyBriefImmigrantFoundersandKeyPersonnelinAmericasTopVentureFundedCompanies.pdf ) (Reporting by Sarah McBride; Editing by Steve Orlofsky) Copyright 2011 Thomson Reuters. Click for Restrictions .

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The New Blue Collar: Temporary Work, Lasting Poverty And The American Warehouse

December 20, 2011

JOLIET, Ill., and FONTANA, Calif. — Like nearly everyone else in Joliet without good job prospects, Uylonda Dickerson eventually found herself at the warehouses looking for work. “I just needed a job,” the 38-year-old single mother says. Dickerson came to the right place. Over the past decade and a half, Joliet and its Will County environs southwest of Chicago have grown into one of the world’s largest inland ports, a major hub for dry goods destined for retail stores throughout the Midwest and beyond. With all the new distribution centers have come thousands of jobs at “logistics” companies — firms that specialize in moving goods for retailers and manufacturers. Many of these jobs are filled by Joliet’s African Americans, like Dickerson, and immigrants from Mexico and elsewhere in Latin America. But many bottom-rung workers like Dickerson don’t work for the big corporations whose products are in the warehouses, or even the logistics companies that run them. They go to work for labor agencies that supply workers like Dickerson. Last year, she found work as a temp through one of the myriad staffing agencies that serve big-box retailers and their contractors. Thanks largely to the warehousing boom, Will County has developed one of the highest concentrations of temp agencies in the Midwest. Dickerson, grateful to have even a temp job, was taken on as a “lumper” — someone who schleps boxes to and from trailers all day long. As unglamorous as her duties were, Dickerson became an essential cog in one of the most sophisticated machines in modern commerce — the Walmart supply chain. Walmart , the world’s largest private-sector employer, had contracted a company called Schneider Logistics to operate the warehouse. And Schneider, in turn, had its own contracts with staffing companies that supplied workers. The experience would change the way Dickerson saw the retail industry — particularly during the frenetic run-up to the holidays, when workers are under tremendous pressure to get products out the door and into stores. “I don’t think people know what the people in those warehouses have to go through to get them their stuff in those stores,” Dickerson says. “If you don’t work in a warehouse, you don’t know.” Dickerson quickly discovered that the work wasn’t easy, if there was any work at all. Each morning she showed up at her warehouse, she wasn’t sure whether she’d be assigned a trailer and earn a day’s pay. She says there were days that she and many temps were told simply to go home, without pay, since there wasn’t as much product to unload as expected. Sometimes Dickerson was told they didn’t have any trailers light enough for a woman, she says. But on most days the warehouse teemed with lumpers, many of them wearing different colored t-shirts to signify the different agencies they worked for. Dickerson herself would work for two different labor providers within the same warehouse in a little more than a year. The difficulty of a lumper’s day often went according to chance. A lucky lumper might be assigned a container filled with boxes of Kleenex or stuffed animals, while an unlucky lumper might pull a container filled with kiddie swimming pools or 200-pound trampolines. For the heaviest lifts, Dickerson would be assigned a partner, and the two would split the pay for the trailer, moving the massive boxes onto pallets by hand. The job was fast-paced and stressful. Dickerson says supervisors would walk along the warehouse’s bay doors, marking the workers’ progress over time. The supervisors, Dickerson and other workers say, often told them to speed it up if they wanted to be invited back. Many of the workers were temps with no job security and no recourse. And the local unemployment rate, then around 11 percent, promised a long line of potential replacements. “By the end of the day, your body hurts so bad,” says Dickerson, who was among a small minority of females working as lumpers at the warehouse. “You tell them you can’t do it the next day, … they’ll tell you, ‘We’ve got four more people waiting for your job.’” For a while, Dickerson worked according to “piece rate” — she was paid not by the hour but by the trailer — a stressful pay scheme meant to encourage her and her colleagues to work faster and faster, and one that the labor movement worked hard to abolish in many industries in the 20th century. Each paycheck was different than the last, and most of them were disappointingly low, she says. In her year at the warehouse, Dickerson says she never had health benefits, sick days or vacation days. If she didn’t unload containers, she didn’t get paid. “It all depends on how fast you work,” she says. “It’s like a race. You’re racing to get done with the trailer so you can get another one. Otherwise, you won’t get enough money.” The warehouse floor wasn’t a very welcoming place for a woman, Dickerson says. As one of the relatively few female lumpers, she says she was often fending off crude overtures from male co-workers. And then there were the bathroom issues. While it was piece rate when it benefited the boss, the clock came on for break time. Each day Dickerson had two 15-minute personal breaks in addition to her lunch, but the warehouse was so sprawling — it covered ground equal to several football fields — that it could take her five minutes to walk each way to get some air or use the bathroom, leaving her with only five minutes of personal time. “When I used to go to the bathroom, I literally had somebody counting down the minutes,” Dickerson says. It was particularly difficult when she was on her period and she felt couldn’t use the restroom when she needed to. Eventually, she was being reprimanded for too many breaks, she says. Worried about losing her job, she says she tried so hard to avoid using the bathroom that she eventually developed a bladder infection. Physically and emotionally drained, Dickerson stopped showing up at the warehouse earlier this year. “My body still is not the same,” she says. “I still have aches and I still have pains. I have migraines because of the stress I went through working at that place.” Dickerson says she’s now living in a house where the electricity and water have been shut off, sharing a cell phone with some of her neighbors. She’s on government-sponsored health care, just as she was while working at the warehouse, and she now relies on food stamps to get by. The one place she refuses to take her food stamps is Walmart. * * * * * Walmart may have been the end beneficiary of Dickerson’s sweat, but the big-box retailer wasn’t directly responsible for her low pay or her aching body. That’s one of the many benefits to an employment arrangement based on outsourcing and subcontracting: The corporation at the top indemnifies itself from any unpleasantness at the bottom, thanks to the smaller corporate players in the middle. Many American companies have woken up to this fact, with broad implications for the future of blue-collar work. “It seems to be spreading like wildfire,” Nelson Lichtenstein, a professor of American labor history at the University of California, Santa Barbara, says of such outsourcing, particularly as it relates to temp workers like Dickerson. “All of these companies, wherever they possibly can, they want to create a workforce that doesn’t work for them. The question is, Why? What is the incentive? ” “They’re smart,” he says. “They run the numbers.” Earlier this year, temporary workers at a Pennsylvania plant packing Hershey products staged a mass walkout over what they described as abusive working conditions . The workers, who were students from Asia and Eastern Europe here on J-1 guest visas for the summer, said they were required to lift 50-pound boxes throughout the day and were threatened with deportation if they couldn’t keep up. Although they packed Hershey goods, the students were employed by a staffing company twice removed from Hershey, which had more than $5 billion in revenues last year. Similar outsourcing has spread to much of the American food-packing industry . But such sub-contracting isn’t contained to warehouses and plants. In an effort to cut costs, even hotels have started quietly contracting out a considerable chunk of their back-of-the-house workforce to labor agencies. Hyatt, for example, has replaced many of its housekeepers with cheaper temp workers. Hyatt’s direct hires now work alongside many lesser-paid agency workers, some of whom work on a temporary basis for years on end, tracking the minimum wage. Such subcontracting enables corporations to essentially take workers off their books, foisting the traditional responsibilities that go with being an employer — paying a reasonable wage, offering health benefits, providing a pension or retirement plan, chipping into workers’ compensation coverage — conveniently onto someone else. Workers like Dickerson, of course, aren’t accounted for when Walmart touts that more than half of its workforce receives health coverage. Infographic by Chris Spurlock. As manufacturing jobs continue to head overseas, Americans need new sectors that can provide good, middle-class work for millions of people. Driven as it is by the consumer economy, the retail supply chain should be one of those sectors. But plenty of workers who are lucky enough to have jobs in the industry find themselves earning poverty wages. And while workers get squeezed in the name of lower prices, the overall benefits to consumers may be illusory. By many measures, the middle class is shrinking — and not just because of the Great Recession. There are simply fewer jobs that pay good wages. More than 46 million Americans — roughly one in six — are now living in poverty, the highest number ever recorded by the Census Bureau. Between 2001 and 2007, as the economy boomed, poverty expanded among working-age people for the first time ever during a period of growth. Workers on the whole made less at the end of the boom than they did at the beginning. In the case of the warehouse industry, where permanent temps are now common, many workers performing the most difficult jobs don’t even enjoy the status of basic employees. They work at the pleasure of the agencies employing them. For many of them, getting hurt or slowing down means the end of their gig with no parting compensation — similar to the arrangement detailed in a devastating expose of an Amazon warehouse by the Pennsylvania Morning Call in September. “We have the re-industrialization of America in this distribution nexus,” says Lichtenstein. “It’s a booming sector of our economy. The kind of work they do is factory labor, and they should be earning [good wages] with benefits. But instead, it’s insecure, and it’s low-wage. “This is the blue-collar working class that should be replacing the steel worker,” he says. * * * * * Until a year ago, Debora Terkelson worked in the Costco warehouse near Mira Loma, Calif. She ran one of the cigarette machines, handling boxes of smokes, until she threw her back out moving a heavy load in April 2010, she says. She worked a few months of light duty but eventually even that proved too painful. No longer able to work, she’s now collecting workers’ compensation. “I don’t think I’ll ever be able to lift again,” says Terkelson, 48. “Just doing my laundry each day is a new adventure in pain.” Her life-altering injury notwithstanding, Terkelson had it pretty good by warehouse standards, and in many ways she’s lucky to be collecting workers’ comp benefits. She says the Costco distribution center is one of the good players in the Inland Empire, an area of Southern California that encompasses San Bernardino and Riverside counties and is now home to one of the largest warehouse clusters in the world. Costco’s well-earned reputation for treating its in-store employees well carries over to its warehouse. The Costco warehouse does not rely on temp workers. It hires employees directly, it pays pretty well and it has a safety representative and even stretching classes. Despite all that, the company still manages to provide some of the lowest prices available to consumers. “We tend to not outsource even if we could save money by doing it,” says Richard Galanti, Costco’s chief financial officer. “We recognize it might cost more but we think it’s the right thing to do. … Everyone in the building feels like they’re employed.” That attitude makes Costco an outlier in the area, Terkelson says. Her son worked in a nearby shoe warehouse for a temp agency. He came home exhausted each day, with little to show for it, though she guesses the agency made pretty good money off of his work. “They hire them, and as soon as they don’t need them, they get rid of them,” she says. “They don’t care. They treat them like a slave. I’m sorry.” Despite the economic downturn, the Inland Empire is still in the midst of a long-term warehousing boom. Some of the first arrived in the 1990s, when retailers and developers took notice of the area’s relatively affordable land and lax regulatory atmosphere. Walmart, Target, Home Depot, and Lowe’s all picked up warehouse space in the area. They continue to sprout up today, creeping further eastward, some of them with footprints covering more than a million square feet. As in Joliet, locals and politicians in Southern California have hoped warehouse work might replace the decent blue-collar jobs that disappeared with much of the American manufacturing sector in the late decades of the last century. Even if we no longer manufacture much in America, we will always need workers to handle all the clothing, electronics, furniture and toys that come here from Asia. And with its proximity to the ports in and around Los Angeles, where the cheap imports from China and elsewhere tend to land, the Inland Empire seemed poised as well as anyone to net a lot of working-class jobs. There’s no doubt that retailers and logistics companies have benefited from the Inland Empire’s warehouse boom. The question is whether blue-collar workers have benefited in kind. John Husing says they have. An economist who’s consulted to local governments dealing with the logistics industry, Husing says, “for blue collar workers, the decline in manufacturing shut off their access through that sector to the middle class. In Southern California in particular, logistics has become an alternative to get to the same place.” Others are less boosterish, including Juan De Lara, an assistant professor at the University of Southern California who’s studied the logistics industry in the region. “It’s been good to many workers who get paid decent wages for higher-skilled jobs as direct employees,” says De Lara. “But it’s also been pretty terrible for the workers that work for these temporary agencies.” There are now more than 125,000 direct-hire, full-time jobs in the Inland Empire’s logistics industry. Available data makes it difficult to know just how many temp jobs there. Husing doubts it’s more than 10,000. Others believe it’s several times that number — perhaps even half of all jobs in logistics, according to Warehouse Workers United , a union-backed group that now advocates on behalf of the area’s lowest-paid warehouse workers. (Husing dismisses the group’s numbers: “The people who throw that stuff around are ideologues. They don’t want that sector to survive because they consider it to be dirty.”) The group says the number of temp jobs in the region has skyrocketed in the last two decades, thanks largely to the explosion in the number of warehouses. The industry relies so heavily on temp work that many temp agencies actually have offices inside the warehouses themselves. Sheheryar Kaoosji, an organizer with Warehouse Workers United, says a decade ago, the ratio of direct hires to temps was 80 percent to 20 in many warehouses. “Now, it’s the opposite. And it’s accelerated with the [economic] crash,” Kaoosji says. “The way that these guys work — the way a Walmart operates — every year they’re going to push costs down on each of their contractors. Every year, they’re coming back, ‘This is going to cost less.’ Every year you do that, it’s going to have an effect. The conditions are going to go down. “At this point, the wages in some of the facilities have gone down below the federal and state minimums,” he says. * * * * * With most retailers getting the same products from the same place — i.e., Asia — the supply chain has become one of the few arenas where big-box chains can compete. This competition has led to a tremendous pressure to move goods as quickly as possible. Even the word “warehouse” itself has become something of a misnomer; the idea is no longer to house goods but to keep them moving, from port to rail to tractor-trailer to store display. That’s why many warehouses have morphed into what’s called a ” cross dock “: the products come in one side of the warehouse and almost immediately go out the other, barely touching the ground. Despite modern automation, most warehouses still require bodies, and the pressure to move goods faster and faster often falls on the ones at the bottom. It doesn’t help that many of the workers toiling inside the Inland Empire’s distribution centers are believed to be undocumented workers from Mexico — a workforce that’s generally grateful for whatever pay it can get and far less likely than American citizens to report workplace abuses, for fear of deportation. There’s plenty of opportunity for exploitation. According to charges filed by the California labor department this fall, a company operating in a warehouse handling Walmart goods was allegedly breaking labor law by not providing workers with legitimate earnings statements. Officials allege most of the lumpers were being paid on a piece rate plan that many of them couldn’t understand, in what officials have described as a “concerted effort” to cheat the workers out of their wages. The state issued more than $1 million in fines. The two labor suppliers cited, Tennessee-based Impact Logistics and North Carolina-based Premier Warehousing, apparently have contracts with Schneider, which, in turn, has a contract with Walmart. Neither Schneider nor Walmart has been accused of any wrongdoing, precisely the outcome the contractor arrangement facilitates. Julie Su, the California labor commissioner, told HuffPost at the time that the layers of outsourcing can make it nearly impossible to hold big players accountable — a huge collateral benefit in addition to any cost-cutting that goes with subcontracting. “Warehouses are one example of the ever-increasing contracting out of labor,” Su said. “It’s difficult for enforcement, and in many instances it’s a deliberate effort to avoid compliance.” Six lumpers at the warehouse filed a class-action lawsuit on the heels of the state investigation. Everardo Carrillo and his co-workers say they’ve been moving Walmart goods in a warehouse where the temperature regularly climbs to over 90 degrees, walking in and out of 53-foot-long steel containers that get even hotter baking in the Southern California sun. After working for a set hourly wage, the workers claim that a year and a half ago they were switched to a piece-rate pay plan — an arrangement largely out of a bygone era. Their bosses told them they would earn “much more money” under the new scheme, which paid them according to the container, but their earnings actually fell, according to the lawsuit. The workers claim it was never made clear how their pay was supposed to break down — an allegation apparently bolstered by the state’s investigation. They claim that when they complained about their confusing paychecks, their supervisors responded by sending them home without pay or refusing to give them work the following day. The lumpers were working on a temp basis. According to the lawsuit, the majority of workers were direct hires as recently as 2006; now, three out of every four workers are temps. When asked if a Schneider executive could be interviewed about allegations from temp workers in its warehouses, a spokesperson sent HuffPost a statement, saying its labor suppliers are “separate corporate entities”: “The only legal avenue which Schneider has to enforce their compliance would be to terminate the contract with these vendors. We have no plans to terminate the contracts with our vendors; our expectation is that they will comply with all applicable statutes, regulations and orders.” Walmart, whose products the workers were handling, also kept an arm’s length from the charges. When HuffPost reported on the state investigation and lawsuit in October, a Walmart spokesman said the retailer is “not involved in this matter.” When a similar lawsuit was filed in April in Illinois — again, naming low-level companies contracted to move Walmart products — the company asserted its distance from the allegations then as well, a spokesman noting that “the facility isn’t operated by Walmart nor are the people who work in it employed by Walmart.” In an interview, Walmart spokesman Dan Fogleman declines to say how much of Walmart’s logistics work is outsourced, but he says the company has 147 distribution centers across the country, the majority of them owned and operated by Walmart itself. Indeed, the jobs at Walmart’s smaller, more regional distribution centers are known to be good, highly coveted jobs. When asked why the company would outsource the work at some of its largest and most important facilities, Fogleman says there are times when a third-party can simply do it better, faster and cheaper. “Since the early days of our company, the ability to move products quickly and efficiently has really been a driver for our success,” Fogleman says. “We’re looking for every opportunity to improve our efficiencies. Sometimes that means doing it ourselves; sometimes we’re using partners to achieve that. … We’re an advocate for our customers. We’re doing everything we can to provide them with low prices.” As for the allegations from contracted workers in the Inland Empire and elsewhere, Fogleman says, “We have serious concerns when our contractors or sub-contractors are cited for those types of violations. We hold all of our contractors to the highest standards.” A promotional video for Impact Logistics, a company recently fined by the California labor department. Ana Sanchez, a 46-year-old from Mexico, says immigrants like her in the Inland Empire inevitably find themselves looking for work at the warehouses. In 2007, Sanchez herself took a job through a labor agency wrapping and labeling boxes on pallets inside a warehouse she says moved products for Sears and K-Mart, among others. Sanchez was surprised to learn that the work there was as strenuous as it was back in Mexico. She started at $6.75 an hour and says her wage climbed to more than $8 over time, though it was outstripped by a growing workload. Sanchez’ gig required carrying a roll of shrink wrap that, when full, weighed around 50 pounds, and slapping labels on boxes at a dizzying pace; she went through between 5,000 and 8,000 labels on a typical day, she says. “I would often get the heaviest loads of work because I was so fast,” Sanchez says. “Whenever there was a rush order they would call on me because I was two rolls quicker than the other girls.” The job also required a lot of stooping over in tight spaces. One day in 2009, Sanchez threw out her back while working on a rush order. She hoped to be put on light duty or trained for a new, less intensive job, but she says she was being passed back and forth between the company that ran the warehouse and the labor company that she technically worked for. Soon she was fired for allegedly botching an order, she says. “When you go in to work for a warehouse you give it your all,” she says. “When you get hurt, they treat you as though it doesn’t matter.” Sanchez hasn’t been able to do manual labor for two years. So what does she do for money? “I have a lot of friends and relatives who place orders for me to cook tamales,” she says with a shrug. To some people in the Inland Empire, the warehouses have come to represent a dubious bargain. Some good salaries have certainly come with the logistics industry; a directly hired forklift operator, for instance, can expect to make a decent living. But there weren’t supposed to be so many temporary positions with measly wages and no benefits. In fact, critics say that temp salaries weren’t even figured into the economic projections trotted out by industry boosters and developers who sold the public on the logistics industry. What they did include were the theoretical salaries of unionized warehouse workers and even airplane pilots. The Inland Empire’s thousands of warehouse jobs may also have come at a cost to public health. What used to be dairy fields and vineyards two decades ago are now warehouse tracts. Buffeted by mountains to the north and east, and absorbing winds coming from Los Angeles to the west, the Inland Empire has a geological gift for trapping particulate pollution. The area boasted some of the worst air in the country before the logistics boom; residents say it’s now even worse. Mira Loma Village, a community of 101 stucco townhouses populated mostly by Latino families, has been hemmed in by warehouses on all sides, with several thousand trucks rolling past the community each day. According to a study done by researchers at the University of Southern California, kids in Mira Loma have abnormally weak lung capacity and slow lung growth. And more warehouses are on their way. “I see it. I smell it. I can feel it,” says Laura Borrayo, 42, a Mira Loma resident whose backyard is often coated in a layer of soot from the truck traffic. She says some of the neighborhood children have developed asthma due to the bad air. Citing some of the worst diesel pollution in the country, Mira Loma residents have filed a lawsuit to stop the latest logistics project — an additional 24 warehouses, covering 1.4 million square feet and expected to bring another 1,500 trucks per day, according to the L.A. Times . Residents say the project will occupy what has become the last shred of their buffer zone against the warehouses, taking away their view of the mountains in the process. The lawsuit has put the project on hold for the moment. Among the residents in Mira Loma Village opposed to more warehouses is Terkelson, the Costco warehouse employee. “I’ve lived in this area for years. When I was a kid, it was beautiful out here,” Terkelson says. “But everything went downhill. People don’t even realize what they’re breathing. The soot, it’s nasty. I don’t wash my car no more, because it doesn’t do no good.” Residents haven’t had much luck fighting warehouses in the past, having been cast as opponents of much-needed jobs. Riverside County has an unemployment rate hovering around 14 percent. Penny Newman, director of the Center for Community Action and Environmental Justice, which filed the Mira Loma lawsuit, says the kinds of jobs brought by the warehouses aren’t worth the costs. “There was a lot of fanfare about goods movement being the economic engine of the future,” says Newman. “We’ve discovered that these are not the kinds of jobs anyone should have under the conditions they’re facing. … They’re temp jobs and they’re low-paying and the conditions are bad.” “The money is made by others,” Newman says. * * * * * For a lot of the goods that enter the U.S. through the Inland Empire, the next stop is the greater Joliet area, among the largest rail hubs in the country. Within a day’s drive of two-thirds of the country, Joliet itself is now home to not one but two massive “intermodal terminals” — the two modes being rail and truck — receiving freight from the West Coast that’s then hauled to the area’s warehouses and, later, to stores across the U.S. For one former Teamster who found himself unemployed last year, the growth of the logistics industry in Will County looked like his ticket back into the middle class. Last year this Joliet native, who’s in his 50′s, responded to an ad in the local paper; a labor agency was bringing on workers to move goods for a major retailer. The firm promises to save its clients on labor costs while simultaneously boosting worker efficiency. (Due to ongoing litigation, neither the worker nor the company will be identified.) Demonstrating just how booming the logistics industry is in Joliet, the man says the firm was actually sending vehicles out into the community as part of a mobile hiring effort, a bit of proactive recruitment that’s hard to find in this economy. He was quickly hired, probably due to his past experience, and to what he pitched as his greatest strength: “I don’t miss days.” The fact that this man found himself working as a warehouse temp speaks to his diminished opportunities. He’d been a Teamster for 12 years, driving a truck for a bread company that was eventually shut down, and then for a waste-management company that was relocated to the other side of Chicago, making the commute untenable. It was the kind of good living that’s now hard to find. Aside from whatever highly desired jobs remain at the area’s lingering refineries, he sees little work outside of the area’s new warehouses. “That’s all that’s out here,” he says. His trucking experience landed him a pretty cherry gig at the warehouse. He worked primarily as a “spotter,” pulling loaded trucks from the bay doors and parking them for the drivers who would take them away to other, smaller distribution centers. He was paid $12 per hour to start, about a buck more than most other new hires, he says. Though he was merely a temp without job security, he considered himself pretty lucky. “I kind of liked the job,” he says. “It wasn’t a bad job.” But about six months in, he says he started to understand how everything worked by design. He was shocked by the warehouse’s turnover rate, as new workers constantly came and went, often leaving under bad terms. He guesses the average worker lasted three months, many of them eventually being “pointed out.” As in many of Joliet’s warehouses, he and his colleagues were working under a demerit system, receiving points for being tardy, missing shifts or not “making rate.” Once you hit 10 points, you’re gone, he says. He now argues that workers don’t last in part because they’re not supposed to. New workers, after all, are cheaper workers. And he also says the little-known temp agencies are there largely to facilitate the churn. “That’s part of the trick — to put as many people between [the retailers] and the actual workers, so they don’t have to deal with the actual workers,” he says. “They don’t have this headache. … They put these temp services between them and the people.” The former Teamser’s duties evolved at the warehouse, and eventually he found himself filling online orders to be shipped directly to customers’ homes. Working off an order list, he was expected to pick 500 boxes during his 12-hour shift — tight but doable. The problem, he says, is that sometimes the products weren’t where they were supposed to be, which cut into his efficiency rate. He says he was supposed to hit a perfect 100 percent each day, but sometimes he dropped into the 90s due to missing products. He clashed with a supervisor over the issue. “How do you expect me to be perfect when the system isn’t perfect?” he asks. One year into his job, he says he was canned after barely missing his rate three days in a row, earning three consecutive writeups — a fireable offense. He wasn’t shocked. Having just hit his one-year anniversary, he had become expensive, at least by warehouse standards. His pay had risen to $14 an hour — still not a living wage for the area by some measures, but more than many lumpers will ever see. He had also just started to accrue paid vacation time. Or at least he thought he had. According to a lawsuit the man filed earlier this year, his company had agreed to give employees one week of paid vacation after they’d worked for the company for a full year. When he was terminated, he was told he’d come up a mere 40 work hours short of earning vacation. But the man says management’s tally ignored the considerable overtime he’d worked during the peak season. The company wouldn’t relent, so he and a colleague sued. In addition to the vacation issue, they sued the company for not paying workers for a minimum of four hours on days when they were sent home early or without any work at all, as an Illinois law now mandates. The company has denied the allegations. Like many warehouse workers interviewed for this story, the former Teamster has spent a lot of time wondering how much money the agency made off of his work merely for supplying him. The way he sees it, the reliance of Walmart and others on temp agencies is the reason most of the warehouse jobs will never lead to stable living, just the financial anxiety of someone who’s temping in perpetuity. “You can’t build on working at these warehouses,” he says. “I can’t say, ‘Sweetheart, let’s get married. Let’s have a baby.’ Because I don’t know how long it’s going to last. I know I’m working now, but will I be working six months from now? And how much money are they going to screw me out of?” * * * * * The Chicago area has long been home to warehouse jobs, and the vast majority of them used to be decent, blue-collar jobs, says Mark Meinster, international representative with the United Electrical, Radio and Machine Workers of America Union, or UE , which is leading an organizing effort of warehouse workers in Joliet. Meinster says that over the last two decades the jobs have changed along with the retail industry. With a growing focus on efficiency and cost-cutting within the supply chain, what had been secure and well-paying union jobs are now often low-paying temp jobs, he says. A UE-backed group called Warehouse Workers for Justice interviewed workers at more than 150 area warehouses in 2009, finding that despite plenty of good managerial positions, about 63 percent of the workers in local warehouses are temps earning less than direct hires. One in four avail themselves of food stamps or welfare, and more than a third have to work a second job to make ends meet. (Warehouse Workers for Justice has no affiliation with the California group Warehouse Workers United.) “As late as the mid ’90s, you saw many warehouse jobs that paid a living wage,” says Meinster. “In Chicago, we define that as $15.87 an hour. Now, we’re finding that the average wage is somewhere around $9 an hour. Only 4 percent of the workers get sick days. Many are on government assistance. Sixty-two percent earn below the federal poverty line.” John Grueling isn’t so bearish. As the head of the Will County Center for Economic Development , a nonprofit development corporation that did much to attract the industry to Joliet, Grueling says the logistics industry has brought some much-needed jobs to the area as manufacturing has declined. Although he admits that the proliferation of temps is something that concerns him, he says the good jobs outweigh the bad. “The competition is so severe that they’re going to do what they have to do, and in some cases, what they can get away with it,” Grueling says of the companies operating in the warehouses. “But we think the industry as a whole is very healthy for us.” (Grueling says his group no longer tries to lure logistics operations with juicy tax breaks the way they used to.) Whatever the savings may be, there’s another benefit to the subcontracting model for the likes of Walmart: the splintered workforce among all the temp agencies creates a tremendous obstacle to unionization. Plenty of workers who aren’t necessarily conspiracy theorists consider it a form of strategic disorganization emanating from down on high. Unionization drives are easily scuttled. When it became apparent that temps were organizing at a Joliet warehouse for vacuum manufacturer Bissell two years ago, the workers soon found themselves out of a job . Fragmented though they are, dozens of warehouse workers have managed to file class-action lawsuits alleging wage theft in the last couple of years, many of them with the help of a Chicago lawyer named Chris Williams, co-founder of the Working Hands Legal Clinic, which litigates on behalf of low-wage workers. Williams wrote a piece of legislation called the Day and Temporary Labor Services Act , an attempt by Illinois to wrap its hands around its booming and shadowy temp labor industry. The law requires that labor agencies register with the state and also provide workers with written forms explaining what kind of work they’ll be doing and how much they’ll be paid for the assignment. Such rudimentary protections are needed, Williams says. He and other worker advocates have discovered fly-by-night temp agencies operating out of area garages, convenience store parking lots and, in one case, a Super 8 motel room. In a lawsuit filed last month, 18 workers at the Walmart-contracted warehouse accused a temp company called Eclipse of not paying them the minimum wage and failing to pay them for all the hours they worked. One worker, Roberto Gutierrez, says he worked 21 hours in his first week and was paid a mere $57. On his paystub the company says Gutierrez worked only 12.5 hours, though by their math he still doesn’t seem to have been earning the minimum wage. According to another lawsuit, one of the temp agencies charged applicants for their own employment background checks; when the cost was deducted from their first checks, it pushed their pay below the minimum wage. Such lawsuits are fast becoming a cost of doing business for the temp companies. “There’s a huge problem with people being shorted,” says Williams. “In aggregate, it’s millions and millions in savings” for the companies. So far, most of the energy from gadflies like Williams has been devoted to the Walmart supply chain. Like others, Williams argues that Walmart has trailblazed the temp-worker model within the retail world, and that other major retailers are simply following its path, as they often do. None of the lawsuits involving the Walmart warehouse have touched Walmart itself. But the way Illinois’ temp labor law was written, a company at the top of a contracting tree could feasibly be held accountable for abuses at the bottom. In one case, Williams discovered that there were four companies separating Walmart from the workers who were handling Walmart goods at the warehouse. “I believe Walmart is experimenting,” Williams says. Of the area’s warehouses generally, he adds, “You’ll see temp agencies that supervise temp agencies that deal with temp agencies. It just adds another level of distance.” According to worker Demetrie Collins, the presence of temp companies has been growing just as the conditions and pay have been deteriorating. Collins says he earned a pretty good wage running a forklift at one of the warehouses five years ago. Then, after a break from work and a prison stint for a drug charge, he says he returned to the warehouses to see temp workers everywhere. He got on as a lumper at a warehouse but was fired earlier this year, he says. Unemployed, he now volunteers at Warehouse Workers for Justice. “Hell yeah, there’s more temp agencies,” says Collins. “Used to be they’d pay you good. But now, the warehouses are paying you shitty, and there’s nothing you can do about it. Fire them today, temp services gonna replace them tomorrow. They can treat the workers however they wanna treat them.” The downsides of temping go well beyond lower wages and fewer benefits. Many workers have to call in to the warehouse each morning to see if they still have a job for the day, essentially making them job seekers-in-perpetuity. The supplication can be demoralizing. One former lumper told HuffPost his temp status once cost him a loan — from a payday lender. The lender apparently thought he posed too great a risk, seeing as he had no guarantee on his employment from week to week. Meinster, of the UE, says the temp system creates an entire tier of workers who are basically second-class. “Despite the fact that these workers are paid poverty-level wages, we estimate that about a trillion dollars comes through Chicago on an annual basis,” says Meinster. “That’s about $6 million per warehouse worker. Each worker is responsible for moving $6 million worth of goods through that supply chain. These are the workers who, collectively, if they don’t show up for a day, these companies would stand to lose a lot of money. “That’s something these companies need to pay attention to,” he says. * * * * * A few months ago, the former Teamster heard about 50 job openings at the warehouse for Central Foods, a food wholesaler based in Joliet. The positions were similar to ones at the warehouse where he’d temped, but the pay and benefits seemed to be from another world. The Central Foods jobs were union jobs, starting out at a livable $16 an hour, with good health coverage, an annual raise, a 401(k) and a chance to make as much as $24 an hour after a few years, he says. “What was the difference?” the former Teamster asks rhetorically. “No temp service.” Unfortunately, word about the direct-hire jobs had apparently spread throughout Joliet, with the competition so fierce that it made the local news. “Here they have health benefits and a pension,” one man told the Joliet Herald-News in wonderment. “I never had a job that could do that for me.” Another applicant bemoaned all the temp warehouse jobs on his resume. “It makes me look like a job hopper, but I’m not,” he said. When the former Teamster arrived to apply, scores of eager jobs seekers were already there, with a line coming out the door and snaking around the corner. Ultimately, more than a thousand people threw their hats in the ring, many of them boasting previous warehouse experience. The former Teamster waited nearly three hours to put in his application and make his trusty pitch: “I don’t miss days.” Must be a great gig if you can get it, he thought.

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Predatory Payday Lenders Compare Themselves To Civil Rights Marchers

December 19, 2011

Payday lending companies are combining their money in order to form a corporate front group to fight for the right to charge interest rates of 445 percent and more in the state of Missouri.

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Target Nurse-In Coming To A Store Near You

December 19, 2011

If you thought Target’s most notable day of the year was Black Friday, think again. Houston mother Michelle Hickman is planning an international “nurse-in”, to be held at all of their locations, next Tuesday December 28th . Hickman says she was harassed and humiliated by Target staff when she found a quiet space in the store to breastfeed her infant, and now wants to “make a stand in support of nursing in public so this doesn’t happen again.” Next week’s nurse-in won’t be the first of its kind. On December 15th, a Brighton, UK mum gathered 40 women to stage a breastfeeding flash mob in front of Christmas shoppers. And yesterday, 11 mid-western moms tried to activate a similar flash mob at a mall in Troy, Illinois. Security shut down their efforts though. Hickman told her story to the Best for Babes Foundatio n, an organization aiming to help moms beat the “Booby Traps” that prevent them from achieving their breastfeeding goals: “Briefly I will say that 2 female employees came and verbally asked me to move. The 2nd one told me that Target employees had been told/trained to interrupt nursing and to redirect mothers to the fitting rooms. Even after I informed the 2nd employee of my legal right to nurse in public she still suggested me moving closer to the jean display, turning to face another direction, and also turn my basket a certain way which would have put me practically underneath the jean display and totally barricaded me in. Employee #2 even hinted in a threatening way ‘you can get a ticket and be reported for indecent exposure.’” And when she called Target corporate to complain, Hickman says the representative she spoke to — she didn’t get a name — said “just because it is a woman’s right to nurse in public … doesn’t mean women should walk around ‘flaunting it’”. To organize the nurse-in, Hickman created a Facebook group (with over 2,600 members already) and wrote on the page: “Let’s show them just how many mamas they’ve offended. We have a right to shop and meet our babies’ needs while doing so. Public humiliation for doing so will not be tolerated.” According to Care2.com , Target has been accused of treating breastfeeding mothers unfairly in the past: in Minneapolis in 2006 and in Michigan in 2009 . Following the 2006 incident, Target released the following statement: Target has a long-standing practice that supports breastfeeding in our stores. We apologize for any inconvenience the guest experienced and will take this opportunity to reaffirm this commitment with our team members. For guests in our stores, we support the use of fitting rooms for women who wish to breastfeed their babies, even if others are waiting to use the fitting rooms. In addition, guests who choose to breastfeed discreetly in more public areas of the store are welcome to do so without being made to feel uncomfortable. Best for Babes says employees aren’t implementing this policy. “We have contacted Target headquarters and have offered to help develop materials that can help them effectively communicate with their employees about nursing in public; our information is being passed on to the employee training department,” their website says.

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Asian Stocks Slide On News Of Kim Jong Il’s Death

December 19, 2011

SHANGHAI — Asian stock markets slid Monday amid news that the mercurial leader of nuclear-armed North Korea has died, raising fears of increased political instability in the region. South Korea’s Kospi index dived 4.1 percent to 1,765.15. Japan’s Nikkei 225 index was down 1.1 percent at 8,304.47, Hong Kong’s Hang Seng slid 2.5 percent to 17,833.42 and the Shanghai Composite Index fell 2.6 percent to 2,167.68. Kim Jong Il’s death was announced Monday by the state television from the North Korean capital, Pyongyang. It raises the possibility of increased instability on the divided Korean peninsula as the reclusive regime undergoes a leadership succession. Kim, who had been ailing after suffering what is thought to have been a stroke in 2008, died at age 69 on Saturday. Kim had presented his third son, the twenty-something Kim Jong Un, as his hereditary successor, putting him in high-ranking posts. But even with an apparent successor, some North Korean observers fear a behind-the-scenes power struggle or nuclear instability. South Korea put its military on “high alert” and President Lee Myung-bak convened a national security council meeting after the news of Kim’s death. Markets in Taiwan, Singapore, Australia, New Zealand and Indonesia also fell. “Particularly with the bearish market sentiment now, any negative news will make the market much more gloomy,” said Kwong Man Bun, chief operating officer at KGI Securities in Hong Kong. The Hong Kong benchmark dipped 100 points after the news hit which “reflects concern over potential political instability,” he said. Kim’s death overshadowed what already was a gloomy start to the week as jitters about Europe’s debt crisis weighed on sentiment. Fitch Ratings said late last week it could downgrade the credit ratings of six European countries – heavyweights Italy and Spain, as well as Belgium, Cyprus, Ireland and Slovenia. Meanwhile, Moody’s Investors Services downgraded Belgium’s credit rating and Ireland released data showing its economy is in worse shape than expected, with third-quarter GDP falling 1.9 percent. Coming just a week after EU leaders struck a deal they thought would contain the continent’s debt crisis, the onslaught of negative news shredded hopes of a lasting solution to the turmoil that is endangering the euro – the currency used by 17 European nations – and threatening the entire global economy. “Everyone is waiting to see what comes from the next conference of European nations. Hopefully something good,” said Jackson Wong of Tanrich Securities, in Hong Kong. Chinese markets fell Monday after rebounding at the end of last week on speculation that the government might further ease reserve requirements for banks to help increase the amount of money available for lending to support growth. “Everything came up empty” over the weekend, Wong said. “We are giving back the gains we had Friday.” Benchmark oil was down 56 cents at $92.97 a barrel in electronic trading on the New York Mercantile Exchange.

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Loan Modification Process ‘Adding Uncertainty To The Market,’ Delaying Recovery

December 18, 2011

WASHINGTON (Reuters) – Shirley Burnell, a community activist from Oakland, California, has been trying to get her subprime loan restructured since 2007. She never missed a payment, but the adjustable rate mortgage she got in 2004 shot up to a monthly payment she could no longer afford. First she provided documents without getting any response, then she was denied in April by her servicer, Bank of America, for not providing documents it never actually asked for. As one part of the bank appealed that decision and approved her for a trial modification, another part denied her again – twice – providing two new reasons in part based on inaccurate calculations, according to documents reviewed by Reuters. When asked about Burnell’s case, a bank spokesman said she was unable to qualify under “imminent default provisions,” a third reason that Burnell said she had never been given. At one point, Burnell even received notice the bank would accelerate foreclosure proceedings, despite her perfect payment record and the letter itself saying the bank owed her $281.01. “They gave you a funky loan in the first place, and now they’re refusing to work with people to get it worked out,” Burnell said. “It just keeps you upset all the time.” Bank of America is “committed to keeping customers in their homes whenever the homeowner has the financial wherewithal to make reasonable payments and the desire to keep the home,” a spokesman for the bank said. Three years after the foreclosure crisis began, the process to apply for a loan modification remains a bureaucratic nightmare that is complicating the housing recovery and could dull the impact of any Obama administration initiatives in the works. The administration’s biggest foreclosure-prevention effort, the Home Affordable Modification Program (HAMP), targeted to help 3 million to 4 million homeowners, has reached only about a quarter of that since its 2009 inception. The program pushed mortgage servicers to cut interest, extend terms, or defer parts of a loan in an effort to reduce monthly payments and keep borrowers in their homes. But servicers have dragged their feet on providing wide-scale modifications. They continue to lose documents, use inaccurate numbers to issue denials, or both approve and deny applications at the same time, according to housing advocates. “It delays resolution of the problem of defaulting loans and it is adding uncertainty to the market,” said Susan Wachter, a housing expert at the Wharton School of the University of Pennsylvania. Around one in every 12 mortgages in the country is delinquent, and only a fraction of them have received modifications. “Somehow the borrower is unreachable, or the servicer hasn’t found the right way to reach the borrower, but the fact is, we see (modifications) piercing maybe 10 to 25 percent of the potential population,” said Diane Westerback, a managing director of global surveillance analytics at Standard & Poor’s. Banks have stepped up efforts to deal with the foreclosure crisis since 2009. Chase, for example, set up 82 centers around the country specifically to deal with struggling homeowners. Wells Fargo hosts one-day fairs for homeowners to bring in all of their paperwork and potentially get approved for a modification on the spot. Bank of America says it has completed almost 1 million modifications since 2008, and Wells Fargo says it initiated or completed more than two modifications for every one foreclosure of owner-occupied homes in the past two years. But the majority of homeowners, advocates say, still get stuck in byzantine mazes, with no real enforcement mechanism to pursue under HAMP. “If you get a minor traffic ticket, you get a right to an impartial hearing, but if you are applying for federal home saving assistance, the bank is judge, jury, and executioner,” said Joseph Sant, a lawyer at Staten Island Legal Services who helps defend homeowners facing foreclosure. ‘GOING IN CIRCLES’ It took nearly one year for Hakan Tale to convince his servicer, Chase, that it overvalued his house by more than $100,000 in rejecting a modification. Once he was able to convince Chase of that mistake, it rejected him again, dropping his monthly income by almost $4,000 and determining he didn’t make enough money to qualify, even though his actual income had not changed. In November, more than two years after Tale first sought a modification, Chase asked him to submit an entirely new application. “Maybe they don’t want me to be an example for other people,” said Tale, who lives with his wife and three children in Staten Island, New York. “Any excuse they find, they deny it.” “We have worked with the customer and reviewed his application multiple times, and have been involved in multiple mediation meetings,” a Chase spokesman said. Another Staten Island resident, 77-year-old Hamson McPherson, was first denied a modification two years ago by his servicer, Wells Fargo, after it miscalculated his income. The bank then served him with a foreclosure summons and complaint, which in New York can lead to court-supervised settlement conference. But it stalled on moving forward for so long that McPherson triggered the proceedings himself in August 2011 to try to negotiate an alternative to foreclosure. In October, more than two years after he first applied for a modification, the bank told him there was an investor restriction on the loan, which meant it couldn’t modify it. That investor agreement was public, Wells Fargo told him. But after confronting the bank with that agreement, which did not include any such restriction, the bank told him there was a previously undisclosed secret document that included the restriction. “It’s a nightmare,” McPherson said, “when you have these things, you don’t get proper sleep at all.” In an ironic twist, the hold music played when he called Wells Fargo once was a song called, “Going in Circles.” “I listened to it for five minutes and then hung up because I was so upset,” he said. A Wells Fargo spokesman said the bank has “worked for some time to find payment assistance within the investor guidelines of the loan.” “We continue to work with him to find alternatives to foreclosure,” the spokesman said. ‘NOT DOING THEIR JOB’ Even with staff additions — Chase, for example, added some 10,000 employees to deal with defaults, and Bank of America increased its 5,000 employees to 40,000 — individual negotiators can still have hundreds, or even thousands of cases open, according to housing advocates. Employees can be so overwhelmed that applications languish for months. Banks consider financial documents “stale” within two or three months, forcing homeowners to provide updated documents all over again. While housing counselors have seen some improvements in the past few years, many borrowers are still not even able to email applications in; they have to fax them in, thus creating no real paper trail. Carlos Cespedes, an advocate with the Neighborhood of Affordable Housing in Boston, said his files include 25 faxes of the same document, provided over and over to a servicer that said it never received it or lost it. One of his clients traveled to Central America to obtain her deported husband’s signature on a document renouncing his interest in the property, but had to send that same document six times to her servicer who kept losing it. “These are institutions that have taken a huge amount of bailout money. There should be a level of responsibility to communities,” said Josh Zinner, an advocate with the Neighborhood Economic Development Advocacy Project in New York. “HAMP is far from perfect, but the biggest problem is servicers not doing their job.” (Reporting by Aruna Viswanatha; Editing by Xavier Briand) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Europe’s Crisis Takes Shine Off IPO’s Comeback Year

December 17, 2011

NEW YORK — This was supposed to be the year of the IPO comeback. Six months into 2011, the market for initial public offerings was stronger than before the recession. The number of companies looking to raise money through new stock offerings was on pace for a decade high. Shares of companies that had gone public earlier in the year, on average, had posted gains. But after that strong start, the market for new stock offerings fizzled in 2011 as the prospect of a global slowdown and a prolonged European debt crisis battered financial markets. High-profile Internet companies like Groupon, LinkedIn and Zynga – which went public Friday – attracted attention. But overall, companies didn’t raise as much as they hoped for through IPOs. Main Street investors, who generally don’t have access to IPO shares until after they start trading, were likely the biggest losers. Daniel Graeber, a journalist and professor from Grand Rapids, Mich., bought 15 shares of Groupon for $30 each the day it went public, hoping the deals company would be the next Google Inc. or Amazon.com Inc. He’s lost money so far, but the 38-year-old said he’s modestly optimistic that shares will recover. “The only way to have played the game this year – the way I always play it – is to have flipped on day one. Take your profit and move on. People who haven’t have been decimated,” said long-time IPO investor Scott Sweet, who owns IPO Boutique. Sweet bought IPO shares of many big companies like daily deals site Groupon and career networking site LinkedIn and sold them on their first trading day. It wasn’t a bad strategy. Groupon, which debuted in November, rose 31 percent on its first trading day, but has dropped 12 percent since. LinkedIn more than doubled in its debut. While it’s still up about 50 percent from its offering price, the stock has lost 30 percent from its first trading day. In June, Internet radio company Pandora Media Inc. rose 9 percent. On Friday it closed at $10.55, a 34 percent slide from its IPO price. Stock in technology companies that went public in the past 12 months have fallen 15 percent, according to Renaissance Capital. Some of that stems from broader market declines. The Standard & Poor’s 500 index is down about 8 percent from the end of June. Many companies hedged their bets. Sixty-six companies withdrew plans to raise money through new stock offerings in 2011, a 27 percent rise from the previous year, and the biggest number since the depths of the recession in 2008, according to IPO Investment firm Renaissance Capital. Stocks of many of the companies that took the plunge haven’t fared well. About two-thirds of companies that went public this year are trading below their offering price, according to advisory firm IPO Boutique. As a group, IPOs that went public this year lost 13 percent of their value – the first negative return since 2008. Some of those themes were apparent this week, the last before the IPO market shuts down for the year in the U.S. Twelve companies had lined up IPOs. If all of them had begun trading, it would have marked the busiest week for IPOs since November 2007. That didn’t happen. Three of the companies, information technology services provider FusionStorm Global Inc., industrial materials maker GSE Holding Inc. and chemicals and metals maker Luxfer Holdings PLC, postponed their offerings. There were some successes. Jive Software Inc., a company that is trying to become a corporate networking version of Facebook, and luxury clothing and accessories company Michael Kors Holdings Ltd. priced higher and sold more shares than expected. Both soared on their first trading day. And then there were the mixed successes. Zynga Inc., which specializes in making games for social networking website Facebook, raised $1 billion, in the biggest Internet IPO since Google’s 2004 launch. The offering price of $10 per share values the company at about $7 billion – at least $13 billion less than some market watchers predicted back in July when the company filed to go public. The shares fell 50 cents, or 5 percent, to close Friday at $9.50. Six other companies that debuted this week raised less money than they expected. Stock in two of those companies, oil and gas companies Bonanza Creek Energy Inc. and Sanchez Energy Corp., are already 20 percent and 16 percent below their IPO prices, respectively. Market watchers expect more big technology deals next year including Facebook, reviews site Yelp and online retailer Gilt Groupe. Of the three, only Yelp has filed to go public. But the global economic uncertainty may force the 200 companies hoping to go public in 2012 to temper their expectations. LinkedIn and Groupon, for example, sold less than 10 percent of their outstanding stock in their IPOs, which is considered a small percentage of overall shares to sale in an offering. The small supply helps create demand. “If they want to get the company public, they’ll do a smaller deal,” said Frank Maturo, head of cash equity capital markets at Bank of America Merrill Lynch. The IPO declines and weak stock markets may create an opportunity for investors to buy shares more cheaply as companies and bankers rethink prices for shares. “People haven’t made money in the IPO market, people are skeptical. But deals can get done if they get priced right,” said Francis Gaskins, an analyst at IPOdesktop.

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GM CEO: Our Company Has A ‘Resistance To Change’

December 17, 2011

NEW YORK — Dan Akerson is hardly a corporate diplomat. The chairman and chief executive at General Motors Co. says publicly what other CEOs say in private: he disses competitors’ cars and laments his company’s lumbering bureaucracy. He’s told reporters that Ford should “sprinkle holy water” on its troubled Lincoln luxury brand, and has called Toyota’s Prius hybrid a “geek-mobile.” His candor often rattles GM’s public relations staff. And you know what makes him really mad? “There is a resistance to change” at GM, Akerson recently told The Associated Press. By all accounts, though, the auto giant is moving at a faster pace under his leadership as he tries to overcome the resistance. Akerson is not the first to complain about GM’s bureaucracy. But for the first time in years, the automaker has somebody at the top with an outsider’s vision and a will to make changes to keep profits flowing and return the company to the glory years of a generation ago. GM now has a lineup of cars and trucks that is selling well, and it has turned a profit for nearly two years straight. The stock, although trading far below analysts’ targets, is once again catching the eye of portfolio managers. Yet for Akerson, who took the CEO job 15 months ago, the work has just begun, and it hasn’t gone totally as planned. He’s being tested by a federal investigation into Chevrolet Volt battery fires that broke out seven or more days after government crash tests. Leaking battery coolant likely caused the fires. He’s also grappling to fix GM’s high-cost European operations, which are losing money. Akerson was recruited by the federal government to join GM’s board in 2009 just as the company was leaving bankruptcy protection. The government was majority owner at the time, and Akerson thought his management, financial and engineering skills – he’s the former head of XO Communications – could help a company so important to the U.S. economy. The U.S. Naval Academy graduate, who grew up in Minnesota, admits he knew little about cars in the beginning. But now he speaks with authority on everything from transmissions to batteries. Akerson, who often uses military metaphors, spoke with The Associated Press in New York about the car industry, the economy, his management style and the future of electric cars. Excerpts appear below, edited for length and clarity. Q: Would you recall all 6,000 Volts to strengthen the battery? A: If we find that is the solution, we will retrofit every one of them. By the way, if someone wants to sell it back to us now, we’ll take that too. We’re quite confident that we’ll find a solution. Q: Do you think the news about the Chevy Volt will harm sales of electric vehicles? A: This car is safe. There is nothing happening immediately after the crash. I think in the interest of General Motors, the industry, the electrification of the car, it’s better to get it right now, when you have 6,000 – instead of 60,000 or 600,000 – cars on the road. We’re not the only car company that has liquid cooled batteries out there. There are many. So we think this is the right thing to do for our customers, first and foremost, and it was the right thing to do for General Motors and the industry. (GM has said no Volts have caught fire in real-world crashes). Q: Are you moving past the early technology adopters on the Volt at this point, or has any data surprised you on who is actually buying this vehicle? A: The average purchaser of a Volt is earning $170,000 a year. About a third of the customers haven’t been in a Chevy store in more than five years and half have never been in there. They aren’t just early adopters. Some of them – I think roughly half – are either Prius or BMW owners. So one, you could say Prius owners were probably early adopters in the olden days, but that’s kind of passed through. But BMW people want styling, good design, and an innovative powertrain, or power source, and I think Volt is a game changer. And quite frankly that’s one reason we want to kind of clear the decks here. As you may remember, in the early days of Lexus, there were real issues surrounding quality. And they called back 8,000, reworked them, and put them back out. People don’t remember that because Lexus is a great car, it’s a great brand. I think it demonstrated that Toyota was sensitive to their customers’ needs, perceptions, and safety, and it was an analog to what we wanted to follow here. Q: When are we going to see the electric car as the typical family car? A: We want to ramp Volt production to roughly 60,000 in 2012. I think Prius in its second year did a lot less than that, half. By this summer we will (be in) what I call the second generation, where we will achieve certain scale and we should see an appreciable drop in the cost of the production of the Volt. So, 2011 was kind of a year to get things aligned and make sure that the car was what we hoped it would be. We certainly see that in our showrooms and our sales and Consumer Reports’ acceptance. We clear up this near-term issue hopefully soon so you’ll see 60,000. It’s an unanswerable question given what I know today, but people ask me and I say, “Well, I would hope by 2020, 10 percent of the cars sold would be of alternate propulsion.” We’re also working on hydrogen fuel-cell cars which, in the end, are electric as well. Q: You’re gaining market share and your sales are going well. Why is your stock price so far below the initial public offering price? (GM’s stock price closed Friday at $20.15, compared with its IPO price of $33 per share in November 2010.) A: That’s bothering me. But at the same time, our industry – when I look at Ford, I look at us – we’re all down about the same amount, within a percent or two. I don’t say that because I take pride in it, it’s just sometimes you can’t fight city hall or trends in the marketplace. Last year, when I was on the IPO trip, no one ever said `sovereign debt issues’ to me. I never heard of the word `contagion’ (from European government debt problems) other than about H1N1 (swine) flu. So there are a lot of negative factors here. At the end of the day we sell a consumer product that is somewhat discretionary, and it is an expensive consumer product that’s highly complex, has a long product life, hopefully. So I do think there has been a fair degree of concern about what are we going to do and how are we going to do it. General Motors has made good progress, but we’re not nearly what I think we are capable of being. We have a lot of potential. We have a long runway. This is not a quarterly or a yearly project. This is something we’re going to do over the next three to five years. We have exceeded (Wall) street expectations so far this year on revenue and profits. I’m proud of that. I’m not happy about the stock, and we’re going to do our best to make it better. But at the end of the day, we need to continue to build great cars that delight – surprise and delight – that have quality, reliability and durability. And in the end, I think it’ll all take care of itself. I have a lot of sleepless nights, but I would say four out of five are on what I would call operational and practitioner issues and the others are about, “Why is the stock not doing better?” But I only can address the things I can manage and I can’t manage that. Q: So you don’t spend a lot of time sleeping? A: I rarely sleep past 4:30 or 5. I’ve always been an early riser but I get up so I can talk to the folks in Asia before they get too far into their day. It’s the best job I’ve ever had. It’s the most fascinating industry I’ve ever been in. When I was in private equity, we saw everything. This is something. You go to the Detroit auto show, you might as well go to a fashion show in Paris, like the runway. I’ve never been to one of those, but I’ve watched them on TV. But it’s got all of that. The personalities and the egos in the industry, the cars, the shows, and then it’s hard-core technology. You’ve got to worry about supply-chain management. It’s complex and interesting and exciting. Q: How has the corporate culture changed at GM since you joined the board? A: I would say, objectively, having been in the company in one form or another now for almost two and half years, that 90 percent of what we did was good. There is tremendous commitment and loyalty to this company. But 10 percent or 5 percent – I don’t know how to quantify it precisely – failed. Recognize what went wrong, learn from it, move on. The way I describe it to our folks is it’s like that squirrel of an uncle you have in your family. You just say, “He’s there and we’re just going to accept that.” I can’t change the bankruptcy. It’s our interesting past. It’s our family collage, if you will. I don’t want to obsess on it, but I want to learn from it. And that’s the mantra that we have as a team. So I would say we’re making good progress, we’re doing surveys on people. What do they see right? What do they see wrong? How do they view the management? We want to know. I want to know. I’m trying to move off the 39th floor. I want to move to the second floor, down with the real people. So in many ways we’re trying to change the culture. I wasn’t used to such a command-and-control. I said “We’ve really got to make Cadillac a global brand.” Next thing I know, go to the Geneva (auto) show and we have North American cars, no right-hand drive, no diesel sitting there, and you’re going like, “Oh God, why didn’t we do that?” “Well, you said you wanted to make it a global brand.” You have to know when to launch, when to attack and when to defend. You don’t have right-hand drive, you don’t have diesel, you’re no good in Europe. Q: If you could wave a magic wand, what two things would you change at GM right now? A: I want a miracle solution on Volt in the next week. That’s not going to happen. On a more serious note, it all starts and it ends with product. I want sustainable, differentiable product. The generation (of vehicles) that you see for the consuming public today is not just competitive, it’s very competitive. We’re holding our own. We’re taking share. We’re profiting. The second thing is, we’ve got to make sure that the culture evolves to one that’s less hierarchal, flatter, more interactive, more participative. When I was at MCI, if we had 30,000 people in the company, we had 20,000 people who thought they were running the place. They wanted to make decisions. They were proactive. They were angry with senior management if they didn’t move quick enough. And we need to instill that, a culture like that – that leans forward all the time rather than leans back. Q: What makes you the maddest as a CEO? A: There is a resistance to change. And I don’t know about you, but I mean, I’m a much different person – ask my wife – than I was when we got married. We’ve been married 40 years. We not only look different, and I think we’re just as much in love as we were when we first got married, but we changed. Everybody changes. Every corporation has to change, or it dies. You lose your competitive edge. There’s a real strong competitive gene at General Motors. I would say you have to meet the market on its terms, you cannot dictate to the market. I don’t like where our stock is. Well, what can I do about it? Execute on the fundamentals and the market will change and appreciate that. But at the end of the day, you have to create a culture that not only accepts change but seeks out how to change. It’s critically import that we inculcate that into our culture. Q: With gas around $3 a gallon in the U.S., are people going to start going back to buying SUVs and trucks? A: I was really amazed when gas spiked earlier this year and then it dropped 15 cents, and our pickup sales picked right back up. We’ve got to be prepared for everything. So from midsize down to compact (vehicles), we’re going to be really good on mileage and on economy, and that’s good. At the same time, if our customers want bigger cars, what are we going to do? Say “Well, we don’t want to sell anything other than economy and small cars?” No, we’re going to meet the market. Q: Is there a fundamental shift in Americans’ car-buying habits? A: I think it’s going to fluctuate with the price of energy. Q: What do you see happening with auto sales in Europe? A: It’s hard to believe this, but it was only three years ago that I think there were many in this country and around the globe that thought the (U.S. economic) system was coming off the rails. It’s amazing how short our memories are when you bring this up. People are going, “Oh, it wasn’t that bad.” It was bad. And when you fear for your job, that is uncertainty, and it’s a negative bias and it undermines your confidence. If you get over that, then the next level of concern is, “Can I afford to spend anywhere from $20,000 to $50,000 on this consumer product?” And you saw it here. We hit a 40-year low in our sales in the 2008-2009 timeframe. The Europeans, I think, felt (in 2008) about like we do today: concerned, but not threatened. It was an American problem. I think the roles are somewhat reversed today. The Europeans are feeling a great sense of insecurity, doubt, and I think their consumer confidence is in question. You can see the sales have fallen off for the entire industry in Europe, and so you have to look at your profitability. One of my four goals is to be profitable in all of our major regions and areas of operations. Last year, at this time, we were losing money. We restructured given what we thought to be the outlook. We’re not going to achieve those sales and revenue numbers, so we have to look at our business operations there. Q: What about China? What do you see happening in the economy there? A: The Chinese government, I think, is very concerned with inflation. They’re obviously a very active, very viable, economy and they’ve taken everything from reserve requirements to interest rate actions to try to slow it down. In the two years prior to this year, we grew by 20 to 30 percent. That’s a very difficult rate to continue to maintain. But if the market’s going to grow on the order of 2 to 3 percent this year and we’re going 10, that’s fine by me. I do think the Chinese in some ways were prescient in that they saw a bubble creating and they clearly have cooled that down, and I think inflation has dropped off a bit. I think those were prudent actions looking over a longer term. So, I’m cautiously optimistic on Chinese growth and our role in it. Q: Is there no longer a stigma about going to work at GM? A: I don’t think so. We are getting good young people. People want to work for us. For example, when I got there, when we thought about OnStar, we thought about safety and security. Now we’ve amalgamated that with infotainment. And it’s now starting to draw people out of Silicon Valley and all these people that would make you and me nervous. You know, they come to work, they don’t come dressed like we are dressed. Some don’t tie their shoes. Some wear different color ones. It’s a different work force. But you know what, when I get in the car, if I have XM radio, I’m fine. I want ease. They want everything. That’s the evolution. It’s not a primary buying factor today, but it will be. We studied, and we did this with MTV – this will shock you that we actually retained MTV to come in – they have a market research group to study Millennials. The old GM would have said, “We got it figured out. We’ve got a bunch of 55-year-olds that are going to tell us what a 20-year-old wants to buy.” We actually set up kind of a home inside the corporate headquarters. We bought Xboxes and everything else. We brought young people in. “What do you do? What do you see? How do you view it?” We wanted to know what drove them. We’ve got these MTV folks coming out to tell us what are the buying variables and what interests people. This is a GM that’s trying to connect on where the customer wants to be met. So we’ve got to change not only our cars and how we offer them, how we distribute them, but how does the customer view us? Q: You have been pushing the culture to speed up product rollouts, and you got the push back from your engineering staff, concerned about quality. Do you think you might have pushed too hard? The Volt did well in Consumer Reports satisfaction surveys, but in the general overall reliability, GM didn’t do that well. A: No. In fairness, I’ve been in the job (15) months, so anything I accelerated hasn’t seen the light of day. (The New) Malibu, when we did our consumer research, it was spectacular. A third of the people, when we unbadged it, thought it was a BMW, not that I want to be a BMW, but it gives you an idea of the perception. From stability and control it outperformed some of our European competitors. This is a Malibu, Chevrolet. It comes out in January. We’ve shown it at the auto shows. So I wanted to move it up six-to-eight months. So it had to go through all of our quality gates. So I said, “If it launches in Korea in November, why don’t we do it in December or January here” This is where we see the biggest threat, because if I continue to produce old Malibu, I’m going to have to incent (discount them). I start affecting my residuals. There’s this delicate biosphere that you have to manage. And you start saying, this is where you have to make the transition to change from a manufacturing culture to a multi-dimensional culture that says “Hey, look, in the marketplace we have to be competitive first and foremost.” I’m never going to give up on quality. Never, never, never. I’m never going to sacrifice safety. I hope that’s been communicated in a couple of different ways If we had got attacked on Dec. 7th, 1942, we probably would’ve approached the war a little bit differently than 1941. You have to adjust to what’s happening in the real world, not just say “I’ve got a plan of record” – that’s GM-ese for “I don’t want to change” – and the plan of record is generally set out years in advance. You have to allow for events that occur between point A and five years later. So we are not compromising on anything. Q: Is there anything you wish you’d done differently since coming to GM? A: “It’s never too late.” At the (military) service academies, they’ll constantly harp on this. You’re constantly re-evaluating decisions of the past. So if I have made a bad decision, I hope I immediately mitigated it by saying, “Wait a minute, stop, back up. Go back to, in the physical world, the fork in the road. That was wrong. Go down left.” I think it’s foolish, if not arrogant, to say, “Today I know everything and I’ll learn nothing between now and a month from now or a week from now.” I’m always re-evaluating. It’s not to say I want to be kind of a `Ricochet Rabbit’ and change directions. But if you see compelling information that fundamentally changes, you must change. Q: How long do you plan on staying at GM? A: I bought a condo in Detroit. I like the company. I like the city. I like the industry and I guess as long as I’m having fun and the board wants me, the management is willing to follow, I’ll stay. ___ Auto Writer Bree Fowler in New York contributed to this report.

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Eric Simpson: The Polarities Of An Occupying Ethos

December 16, 2011

The word “occupy” is a bit like the word “cleave,” which, as Alan Watts was fond of pointing out, has two meanings, one of which is the precise opposite of the other. Two separate people according to the biblical terminology are to cleave to each other as one flesh, which does not mean that they are to be cleaved in half, which is an action the butcher takes with his cleaver. Like the word “cleave,” there are two meanings involved in the word “occupy,” one of which is the exact opposite of the other. We can occupy as those who dominate but have no genuine relationship to that which they try to possess and control, a dynamic through which all things become objects of consumption, expendable once used, and therefore ultimately lose all value; or we can occupy that to which we already belong, collectively, as easily and naturally as our blood and bones inhabit the boundaries of our flesh. An occupation in the first instance is a military endeavor that usually devolves into continuous conflict and oppression; it belongs to the lexicon of war terminology. On the other hand, an occupation is also why you wake up most days and get dressed, drink your coffee and for which you leave your home with the goal of making money and supporting yourself and your dependents. The former is violent and radical; the latter is natural and progressive and useful. To occupy, one might suggest, is the work of occupants, the former occupants of homes that are being foreclosed, many of whom have lost their occupations and cannot find another, due in part to the unregulated practices of radicalized financial institutions hedging their bets against their own losses. To occupy a street or a park or a school or a city is an occupation that broaches vocation, although keeping oneself occupied without being brutalized, arrested and stigmatized, without being preoccupied with merely surviving in the attempt to occupy that space in which you truly belong, is the great difficulty. Many who occupy are lost occupants, or at least they represent the occupants of loss, the many who have senselessly lost both homes and occupations, who want to reoccupy that which has been stolen, the resources that belong to all that have been transmuted into commodities for the benefit of the few. The polarities inherent in the word are as stark as the differences between attempting to dominate the earth, or being reconciled to it; seeking to possess an object for its abstract value, or valuing what you have for however long you have it. The Japanese poet, Issa, speaks of his relationship to material things, and of how the value of that which he truly possesses cannot be evaluated or apprehended through the type of possession that motivates burglary: “The thief left it behind: / the moon at the window.” An occupation of dominance would want to grasp the moon, possibly mine it as per a science fiction nightmare generated in the mind of Heinlein, be the first to get there to plant a flag, lay claim to it, own it. But in a moment of loss, considering what the thief did not take because he could not take it, the poet truly possesses the moon, or rather, is possessed by it. That is the difference between an occupation of militant dominance, and an occupation of a natural inhabitant, the difference between living life in endless empty pursuits as a consumerist, and being content to simply consume what we already have. The few through domination coerce and manipulate and lie and destroy, and to some degree we are all, in the affluent western hemisphere, complicit. We are all complicit to some degree with the manipulations of the few, the oligarchs, due to our corporate addiction to consumerist culture (or, alternately, our consumerist addiction to corporate culture), and this will be the downfall of any positive occupation, despite protests and arrests and deeply felt struggles to embrace community and responsibility, despite efforts to promote a peaceful revolution that moves naturally from the inside outward. The implicit danger is subtle. It is to change the meaning of the positive aspect of what it means to occupy or reoccupy that public sphere to which we belong into the dominant and negative, military sense of occupation, perhaps in small ways, or by not admitting it when we do. I am reminded of bell hooks and her brilliant essay, “Feminism”, in which she describes the ways in which those who are dominated also in turn dominate others. She argues effectively that the woman who is dominated by patriarchy at her place of employment often goes home and dominates her children in turn. “It is first the potential oppressor within we must resist,” she writes, “the potential victim within that we must rescue — otherwise we cannot hope for an end to domination, for liberation.” The reductionist agent that will change a positive sense of occupation, of living where we belong and laying claim to it, to the negative, that of seeking to dominate what is not ours to possess and which will never fulfill its promise to satisfy, is consumerism. There is nothing ignoble or immoral about consumption. We must consume to live, and live to exist. We consume, whether food or drink or pleasures that are simple or complex. We consume energy, thoughts, ideas. We eat death, as the late Fr. Alexander Schmemann tells it — food that is composed of dead things that we must store in a freezer unit in order to preserve it. And we have opportunity to eat life as well, to consume God, spiritual energy, the Body and Blood of Christ, in the paradox of mystery. Whether we consume death or consume life, we are built as creatures around the principle of consumption. Therefore, when all things, including the natural resources to which we belong and have every right to occupy and use for the benefit of us all, when everything is branded and manipulated and coerced into becoming an object of consumption for the sake of gratifying that which cannot be satisfied, this is without nobility or morality or value and leads to destruction. It is the consumption of death unto death. Consumption that never satisfies or fills the one who is consuming, the continuous digestion of that which lacks the psychic nutrients to provide us with genuine sustenance, is at its heart nihilistic and self-annihilating. Consumerism is the ultimate preoccupation, the sort of which Nero is said to have practiced, in which we dazzle and gratify ourselves both in our entertainments and our greed for the monetary means to sustain them. It is a trap that causes us to be complicit, if not aware, with those who profit from our own noetic despoilation. Such is the pulse and heart of consumerism by which the 1 percent keep us captive, and in which money truly is proven to be the root of all kinds of evil. The word occupy also connotes presence, however, which is the precursor to love. We cannot love that which we cannot know, and we cannot know that which is not in any way present. And we cannot be present unless we occupy, in the positive sense, that to which we belong. We all belong to the earth, rather than the earth belonging to us, and we belong to each other as an essential humanity in which difference is finally a technical distinction. An occupation of diversity and of transformation, of seeking the continual renewal not just of individual human minds but of social structures, of financial institutions, of the way we do business or educate, of politics and spirituality and art, is an occupation and a vocation for which we are born, which is to be in communion with all things and each other through love.

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Family Living On $22,000 A Year Reflects New Low-Income Stats

December 16, 2011

When doctor’s bills started to mount after Joe Gallardo’s daughter was born prematurely in September, the father of three took on a second job — upping his work hours to about 15 a day. But even with the additional time he clocks at Fiesta Pizza, Gallardo, 28, is barely scraping by. He lives with his fiancé’s parents, a home he shares with 14 other family members. The Gallardos, who live on less than $22,00 a year, are just one of a record 10.2 million low-income working families — the highest number this country has seen in at least a decade — according to a new analysis by the Working Poor Families Project and the Population Reference Bureau, a nonprofit research group based in Washington. This new reality means that struggling parents, like Gallardo, are forced to sacrifice sleep, family time and their well-being in order to barely make enough money. The South Austin dad begins his workday at 3 a.m. at Getty’s Pizza, where he prepares pizza dough for about eight hours. He tries to catch a quick nap before he starts his second job at Fiesta Pizza at 3 p.m., but that’s not an easy feat for someone sharing a home with 14 others. He stocks shelves until 10:30 p.m. and takes one day off a week. “Basically, I had no choice,” Gallardo told The Huffington Post of his decision to work two jobs. “I have to do something to try and provide for my family.” Gallardo, who brings home about $1,800 a month, isn’t the anomaly when it comes to the face of struggling families, but he also has the added challenge of bearing a tarnished record. Since serving three years in prison for a burglary he committed in 2005, Gallardo said he’s committed to starting over, to dedicating himself to a crime-free life and providing the best he can for his family. But these days, such staunch determination isn’t always enough, especially in the West and the South, which have been hit the hardest, according to the Associated Press . Both Texas and California have the most low-income families, each with more than 1 million. “The reality is that prospects for the poor and the near poor are dismal,” Sheldon Danziger, a University of Michigan public policy professor who specializes in poverty, told the Associated Press. “If Congress and the states make further cuts, we can expect the number of poor and low-income families to rise for the next several years.” These economic woes have taken a visible toll on the Gallardo family. Though Gallardo carves out movie nights and family dinners for his one day off, he said it’s been about a year since he and his fiancé, Norma, 22, have spent any quality time alone. He said his kids, who are 6, 5 and 3 months, have been missing their dad since he started working around the clock in July. “The most difficult part is not spending as much time with my family as I would usually spend before I started working two jobs,” Gallardo said. “It gets kind of depressing sometimes.” While the Gallardo family has been able to seek help from Any Baby Can , an Austin nonprofit that serves the area’s poorest, sickest and youngest children and their families, the organization says it’s been inundated with requests from clients in need of its programs. While the organization is able to serve 6,000 clients a year, it has had to implement a waiting list, which has 104 people who are eagerly waiting the chance to get access to the therapy, financial and health programs Any Baby Can offers. “We are tightening our belts,” said Allison Daskam, communications manager. “They were already very tight.” Though Gallardo has had to squeeze his entire family into one of the four bedrooms in his fiancé’s parents’ house for more than a year, he hopes to start looking for a place to call his own after Christmas. “Sometimes I don’t have energy, but I just force myself to do it,” Gallardo said. “I just think about my kids and that’s just all the motivation I need.” Want to help Austin families in need like the Gallardos? Consider donating to Any Baby Can here.

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Escort Offers Johns ‘Toys For Tots’ Discount

December 15, 2011

Competition has spiked among retailers this holiday season, and the sex industry is no exception. A Texas escort is trying to beat the competition by offering discounts to charitable customers who are willing to help needy children. The escort, a 37-year-old from Houston who goes by “Shelby,” recently began marketing herself online as “Santa’s Little Helper.” Shelby is competing for the attention of holiday Johns by advertising a pre-Christmas “Toys for Tots Special” to convince consumers to open their wallets for a “sensual” experience. “I am currently having a Holiday Special. Book 1 Hour, Bring an unwrapped gift for a boy or girl, and receive 1 Hour Free,” Shelby wrote in an ad on an escort directory website. A review of her services by a John named “Wolfhunter” states that she charged him $200 an hour for a “pathway to utter euphoria and bliss.” With the “Toys for Tots Special,” this man would be entitled to double the bang for his buck. Shelby also promised to “captivate your mind, and tantalize your senses,” and dared customers to “Try and Put My Fire Out!” Earlier this week, Houston’s KTRK-TV called the number listed on the Internet advertisement. An individual who answered the phone reportedly identified herself as a woman who was recently convicted for operating an Internet-based prostitution operation in Fort Bend County, the news station reported. The number has since been disconnected, and Shelby did not respond to an email request for comment from The Huffington Post. The U.S. Marine Corps Toys for Tots program rounds up tens of thousands of gifts each year, distributing them through charitable organizations, police departments and churches to needy children. Major Brian Murray, Vice President of the nonprofit group, told KTRK and The Huffington Post that Shelby is not affiliated with the organization. “Toys for Tots is a children’s charity. No further comment is necessary,” Murray told The Huffington Post. Shelby’s idea is not as innovative as it might seem. In fact, a similar ad was posted to an escort Website in December 2007. The ad ran under the headline “Santa’s Little Helper,” and stated, “This month, I am donating one unwrapped toy to Chicagoland Toys for Tots for every client I see.” The poster used the name Cadence. The profile has since been deleted, so it is unclear whether Shelby took a clue from the Chicago ad or whether she is somehow connected to Cadence. Regarding the most recent case, the Houston Police Department said that they have launched an investigation based on a tip from KTRK-TV. “Channel 13 brought it to our attention on Monday. I guess it was emailed to them,” Houston Police Department spokesman John Cannon told The Huffington Post. “Our vice division was not aware of that particular ad at the time. … We immediately began an investigation into it.” Cannon said no arrests have been made and the investigation is ongoing.

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Exactly How Hard Does Santa Work?

December 15, 2011

Granted, it seems… impractical. Over the course of one night, St. Nick has to stop by the home of every Christian child in the world. Of which there are a lot – an indeterminately large number of kids waiting for their gifts. I decided to figure out how many, how big a task Mr. Claus faces as he races west across the face of the globe, staying ahead of the sun. And I did. Or, anyway, I came up with a pretty solid estimate.

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Coal-State Lawmakers Want To Ignore This Danger

December 15, 2011

Just days before the three-year anniversary of the devastating dike failure at the Tennessee Valley Authority’s Kingston Fossil Plant, the Environmental Protection Agency still has little authority to regulate the storage of toxic coal ash produced as a byproduct of coal power. A new report released Tuesday shows coal ash’s harmful environmental effects are more widespread than previously understood. Meanwhile, a bill proposed by a bipartisan coalition of coal-state senators would strip away the federal government’s power to do anything about it. The new report from the nonprofit Environmental Integrity Project identified 19 coal ash dump sites in nine states where heavy concentrations of arsenic, boron, manganese and other pollutants contaminate the groundwater nearby. At some of those sites, the EPA had noted only “potential” contamination, but when the EIP did its own tests, it found chemicals had leached into the ground. Some coal ash is stored as a solid. But a “hell of a lot” of the coal ash produced in the United States is stored in containment ponds like the one that failed so horribly in Tennessee, according to Jeff Stant, director of the EIP’s coal combustion waste initiative. At the Kingston Fossil Plant, some 1.1 billion gallons of coal fly ash slurry spread across 300 acres of land when a dike broke in December 2008. Nobody was hurt, but the total cleanup cost could run to $1.2 billion . Stant estimated that somewhere between 60 and 70 million tons of coal ash a year winds up as slurry in containment ponds. “There are many high-hazard dams, the ones that pose the greatest hazard to human life … worse than the Kingston dam in terms of the danger it imposes,” said Stant. “And there are a whole bunch of dams where the maintenance is rated poor by the EPA,” he added. When power plants burn coal, they generate enormous quantities of ash, which must then be stored or recycled. Electric utilities often choose the cheapest course of action, turning the ash into a slurry and storing it in vast ponds. The ponds must be contained by dams, levees or dikes. But no single agency oversees dam safety in the United States. Instead, that authority is left up to a hodgepodge of state and federal regulators. Some states do no regular dam safety inspections, and one state (Alabama) has no dam safety program at all. “Most states do not require that dams be inspected or even be built and certified by engineers,” Stant said. And that’s a big problem, said Lisa Evans, a lawyer for Earthjustice. “These ponds hold millions of gallons of toxic sludge, and that material can escape, should a wall collapse,” she said. Even without a collapse, the EIP found, coal ash contaminants leak into the ground through dam walls that lack proper seals. “You don’t have to have a disaster like you had in Tennessee in order to have a really dangerous situation,” Stant said. To ward off another dam collapse, the EPA would like to classify coal ash as hazardous waste, which would give it oversight for dam safety. Although the Obama administration has seemed wary of the proposed move, fearing congressional Republicans’ rhetoric about “job-killing” regulations, the option remains on the table — for now. Some in Congress would like to remove the option and prohibit the EPA from imposing its draft hazardous waste regulations. In October, the House passed the Coal Residuals Reuse and Management Act, which would leave coal ash regulation up to the states and prevent the EPA from implementing the new rules. The Senate is looking at a similar measure backed by Sens. John Boozman (R-Ark.), Kent Conrad (D-S.D.), Mike Enzi (R-Wyo.), Joe Manchin (D-W.Va.), Ben Nelson (D-Neb.) and Rob Portman (R-Ohio). “In the current economic environment, the continued threat of excessive regulations coming from this Administration creates uncertainty and hinders job growth,” House Majority Leader Eric Cantor (R-Va.) said in a statement when his chamber’s version of the bill passed. Coal slurry dams are federally regulated at one end of the process — when used in the mining of coal — by the Mine Safety and Health Administration. Stacy Kika, an EPA spokeswoman, said that in developing its proposed regulations, the “EPA looked particularly to the Mine Safety and Health Administration, who has nearly 40 years experience writing regulations and inspecting dams associated with coal mining.” If some in Congress get their wish, however, there will be no federal regulation at the other end of the process, when the coal turns into ash. “It’s sad that the third anniversary of the TVA accident is coming up next week, and there’s very little to show for it in terms of movement to prepare for another catastrophe,” said Evans. “Instead, we seem to be going backwards.”

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Dan Greenshields: Responsible Holiday Spending

December 14, 2011

The holiday shopping season is in full swing. Millions of Americans are searching for that perfect gift for that special someone. But in the rush to pass along some of that good cheer, remember: enjoying the holidays doesn’t require financial recklessness. While often that may be a lesson that goes unheeded, this year, according to a recent ING Direct survey, Americans seem to have learned the pitfalls of piling up credit card debt. About three-quarters say they plan on using cash or debit cards to pay for holiday gifts instead of using credit cards. So rather than breaking the bank and racking up credit card debt, the survey found that more than one-third of Americans say they are able to pay off holiday debt in one month or less, and just over one in 10 say it will take them more than two months to pay the holiday bills. With continued economic turmoil cutting heavily into the income of average Americans, 2011 is the holiday season to be a smart shopper and budget-conscious consumer. According to data from the Census Bureau, median household income in this country dropped 6.7 percent between June 2009 and June 2011 — from $53,518 to $49,909. A key to being a successful shopper with an eye on your bottom line is to recognize the value of long-lasting gifts instead of springing open the wallet on the latest holiday fad. In response to an increase in spending, businesses are gearing up for a major jump in demand. The National Retail Federation is estimating a stunning $465.6 billion in holiday sales this year — up 2.8 percent from 2010. Online retail sales alone are expected to jump 15 percent this winter over last and will total nearly $60 billion, according to Forrester Research. Most ING Direct survey respondents — 72 percent — say they plan to spend the same or more than they did in past years. With that in mind, don’t get swept up in the blind consumption. Be mindful of what you purchase and for what price. Being responsible doesn’t mean going without good holiday cheer — but it does take a little bit of planning. For starters, don’t rack up credit card debt. It is so tempting to put a big holiday purchase on plastic and promise to pay it off before the next billing cycle. Too often, that just doesn’t happen. Also, consider buying the gift of stock for your kids. It’s an excellent way to introduce them to the world of finance. Pick a stock in a company that your child is likely to have an emotional connection to. Then commit to following that stock’s performance over the course of 2012. No matter if the stock price drops or increases, the real value is in familiarizing a young mind with the nature of finance. They’re getting an early and fun opportunity to educate themselves in essential concepts like short-term vs. long-term gains, market volatility, etc. In the long run, that knowledge will be much more valuable than some plastic gizmo they get bored of within a week of ripping off the wrapping paper. The lack of financial literacy is a real problem among today’s young people. One analysis from the non-profit National Jump$tart Coalition found that less than half of high school seniors grasp even basic financial concepts. And young, financially illiterate kids tend to grow into financially reckless adults. No doubt one big contributor to the country’s huge debt problem today is that people weren’t getting the financial education they needed during their formative years. You can do your part to ensure that the children in your life don’t fall into the ranks of the financially illiterate. Buy them some stock this winter and kick-start a life-long commitment to financial education. Next, automate your investments and savings right now — before the real holiday spending surge. If you haven’t done so already, fill out the paperwork with your employer to have a preset slice of your salary diverted to your retirement and savings account every pay cycle Do your future self a favor. And any money you automatically invest could grow by this time next year. Over the long term, stocks will still be a good investment. Instead of racking up more disposable and instantly forgettable holiday treats, you’ll be building an asset that can provide financial security for you and your family for decades to come. You don’t need to be a scrooge to retain financial responsibility this holiday season. You can still buy gifts for those you love while making sure you’ll be in a strong shape money-wise come January. Dan Greenshields, CFA, is President of ING DIRECT Investing, a subsidiary of ING Bank, fsb.

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Banks Face Crisis Of Confidence, As Europe Falls Further

December 14, 2011

The crisis in Europe showed no sign of letting up on Wednesday, and analysts and observers warned of the potential for a sharp financial downturn overseas. Hours after the markets closed in Europe, the credit ratings agency Fitch Ratings downgraded five major European banks and banking groups: Credit Agricole in France, Rabobank Group in the Netherlands, Danske Bank in Denmark, OP Pohjola Group in Finland, and Banque Federative du Credit Mutuel in France. While U.S. banks were unscathed, they now face a possible crisis of confidence. Many dumped risky European debt and other assets earlier this year, but banks in the U.S. are still at risk in the face of a recession and credit crunch in Europe. In a report last month, Fitch called the outlook for U.S. banks “stable” at the end of the third quarter, but warned that the spread of debt problems in Europe would have “sizable” effect because of the connectivity of global banking firms. Earlier on Wednesday the euro plunged to below $1.30, an 11-month low; Italian government bond yields traded above 7 percent, the level widely considered unsustainable, and stock markets in the United States and Europe fell. The FTSE Eurofirst 300 fell 2.25 percent, the CAC 40 in France plunged 3.33 percent, the DAX fell 1.72 percent and the S&P 500 fell 1.13 percent. “Europe is on the cusp of a recession: one that will be mild at best,” said Michael Gregory, senior economist at BMO Capital Markets. For more than a year, U.S. banks have been reducing their direct exposure to Europe, particularly its most stressed countries — net exposure to bad debt in Portugal, Italy, Ireland, Greece and Spain by the six largest U.S. banks represented only 0.5 percent of total assets at the six largest U.S. banks, according to the Fitch report. However, banks have substantially more assets tied to France, Germany and the United Kingdom, according to this report. Banks do hedge their bets on Europe, buying insurance essentially against falling assets. Goldman Sachs reported in an earnings call in September that its exposure to Portugal, Italy, Ireland, Greece and Spain was net $2.5 billion after hedges, for example. However, whether or not those hedges will actually work in the event of a government default is an open question. Voluntary debt forgiveness, which has already happened in Greece, is not covered under these hedges, notes the Fitch report. No matter the direct amount of assets U.S. banks have in Europe, the risks of a 2008-style credit crunch loom in such an interconnected economy. “If we were to get a series of failures in Europe, [it would be] hard to avoid a seizing up of markets as everyone pulls back and avoids risk,” said Martin Baily, an economist at Brookings Institution and former chairman of the council of economic advisers under President Bill Clinton.

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American CEOs Netting Huge Pay Raises Last Year

December 14, 2011

While the incomes of so many Americans remain the same size or get smaller, corporate chiefs can’t say they’re suffering in quite the same way. American CEOs saw pay increases of between 27 and 40 percent last year, according to a GovernanceMetrics International survey cited by the Guardian . In addition, the median value of CEOs profits on stock options jumped to $1.3 million from $950,400 — a 70 percent boost. This, even after Congress passed financial reform regulations that included provisions aimed at making CEO pay more transparent by allowing shareholders to weigh in. The survey’s findings may resonate with Occupy movement activists , who have been railing against income inequality since the protests first started. Indeed, CEO pay by itself exceeded the amount that his or her corporation paid in income taxes in at least 25 cases last year. And in the year before America’s highest-highest-paid corporate chief netted more than $145 million , U.S. median income fell to below $27,000 , meaning half of all earners made less than that. But John Hammergren, CEO of healthcare provider McKesson, isn’t the only boss taking home the big bucks. JPMorgan Chase Chief Jamie Dimon got a $19 million raise in 2010 and Goldman Sachs CEO Lloyd Blankfein netted an extra $3.6 million in bonuses last year . The news is a good sign for people in the top one percent of earners, who saw their incomes drop by roughly a third in the official years of the recession, according to a recent report by The New York Times. Still, even after that fall, the net worth of one percenters remained 200 times higher than that of the median national income, according to the Economic Policy Institute. Some CEOs even got huge pay packages for not doing their jobs. Eugene Isenberg took home $100 million for dropping his title as CEO of Nabors Industries in October. While Dougless Foshee, the CEO of natural gas pipeline operator El Paso , became eligible for an exit package worth $95 million after the company was acquired by rival Kinder Morgan. Still, some don’t seem to mind the huge CEO paydays. The vast majority of corporate shareholders say that CEOs are being compensated correctly , according to an October study from research firm Equilar.

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WATCH: Marijuana Dispensary Giving Away Free Pot Before Shutting Down

December 14, 2011

Magnolia Wellness Center in Orangevale may be shutting down for good, but it’s going out with its head held high — and its customers in a similar state of mind. The medical marijuana dispensary, forced to close amidst pressure from county officials and an increased federal crackdown on the California cannabis industry , will be giving away free pot to its clientele on Friday before shuttering indefinitely. (SCROLL DOWN FOR VIDEO) “Everyone who walks through the door, we’re giving them a chance to win free meds,” Magnolia Wellness’ Steven Lee told CBS News. The store boasts an impressive base of 40,000 patients, all of whom will need to find a new provider in the coming weeks. Magnolia Wellness opened its doors in Sacramento County in early 2010, and has since grown into a thriving operation that offers onsite yoga and compassion-themed holidays. But according to the Sacramento Bee , Orangevale’s heavily conservative community bristled at its presence, and officials have been trying to force its closure since day one. In addition to the merchandise giveaways, Magnolia employees will be marking the store’s last day with a party and holiday toy drive. But be sure to bring your card — only certified medical marijuana patients will be allowed inside. For more, take a look at the CBS News report below:

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