enterprise

Asian Stocks Fall on U.S. Consumer Credit Report, Stronger Yen; BHP Falls

April 7, 2010

By Shani Raja and Akiko Ikeda April 8 (Bloomberg) — Asian stocks fell for the first time in six days, led by mining companies and automakers, after U.S. consumer credit and Japanese machinery orders reports missed economist estimates. BHP Billiton Ltd., the world’s largest mining company, declined 2 percent after crude oil and metal prices declined. Nintendo Co. and Honda Motor Co., which got more than 40 percent of revenue in the Americas, lost at least 1.7 percent as the stronger yen dented the outlook for export earnings. Jtekt Corp., an auto-parts maker, dropped 3.1 percent in Tokyo after machinery orders fell for a second month. “People see a drop in U.S. consumer borrowing as an indication personal income and consumer spending in the region are not on a solid uptrend,” said Mitsushige Akino, who oversees the equivalent of $450 million in assets in Tokyo at Ichiyoshi Investment Management Co. “That concern is reducing risk tolerance.” The MSCI Asia Pacific Index dropped 0.5 percent to 128.16 as of 9:35 a.m. in Tokyo after a five-day, 2.5 percent increase. Three stocks declined for each one that advanced. The gauge has climbed 12 percent from this year’s low on Feb. 8 as improving economic data and a U.S. Federal Reserve pledge to keep borrowing costs down eased concern that budget deficits in Europe will derail the global economic recovery. Japan’s Nikkei 225 Stock Average sank 0.6 percent. Australia’s S&P/ASX 200 Index fell 0.5 percent, with real-estate investment trust Mirvac Group retreating 4.4 percent after completing a share sale. Credit Concern Futures on the Standard & Poor’s 500 Index dropped 0.2 percent. The gauge lost 0.6 percent yesterday as a bigger-than- estimated decrease in consumer credit and concern Greece may default added to signs the economic rebound may slow. U.S. equities extended declines after Federal Reserve Chairman Ben S. Bernanke , speaking in Dallas, omitted a reference to holding interest rates lower for an extended period. U.S. consumer borrowing fell $11.5 billion in February, the most in three months, after a revised $10.6 billion January gain that was twice as much as initially estimated, the Federal Reserve said yesterday in Washington. “The Greek situation is still very precarious and the U.S. consumer-credit figures underlined that the economy is not out the woods,” said Chris Weston , a Melbourne-based research analyst at IG Markets. “After the positive news flow in recent weeks, these overnight factors may bring a few traders back to earth and realize the index doesn’t just go one way.’ Higher Valuations The MSCI Asia Pacific Index has gained 6.4 percent this year, compared with increases of 6 percent for the S&P 500 and 5.8 percent for the Stoxx Europe 600 Index, as economic reports boosted confidence in the strength of the global recovery. Stocks in the Asian benchmark are valued at 16.6 times estimated earnings, compared with 15.2 times for the S&P 500 and 13.2 times for the Stoxx 600. A gauge of U.S. service industries, which make up about 90 percent of the country’s economy, rose at the fastest pace in more than three years, an April 5 report showed. Data released on April 1 showed China’s manufacturing activity expanded at a faster pace in March, while a South Korean government report showed exports jumped last month. BHP sank 2 percent to A$43.69, while Rio Tinto Group, the world’s third-largest mining company, declined 1 percent to A$80.03. Crude oil futures in New York dropped 0.3 percent in after-hours trading, extending yesterday’s 1.1 percent slump. The London Metals Index, a measure of six metals including copper and zinc, fell 0.6 percent yesterday. Nintendo lost 2.7 percent to 30,800 yen and Honda retreated 1.7 percent to 3,270 yen as the stronger yen threatened to reduce the value of overseas revenue when converted into the local currency. The yen appreciated to 93.17, compared with 94.08 against the dollar at the close of stock trading in Tokyo yesterday. Dayang Enterprise Holdings Bhd. , a Malaysian oil and gas services provider, rose 0.5 percent to 2.10 ringgit after winning a maintenance contract from Sarawak Shell Bhd. To contact the reporter for this story: Shani Raja in Sydney at sraja4@bloomberg.net . Akiko Ikeda in Tokyo at iakiko@bloomberg.net .

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Jose Ferreira: Is Your Company Venture-backable?

April 1, 2010

So, you want to be an entrepreneur. Well, it’s a great time to start a business. We’re in a jobless recovery, so the talent is out there for the picking. Sure, some VCs are a little gun-shy, but the smart ones are investing. How do you get them to invest in you? There are lots of articles about this kind of thing. But I haven’t seen one that reduces all the noise out there to the following five fundamental elements. In my experience as a former VC and a current entrepreneur, all the factors surrounding a start-up investment reduce to exactly five factors. You can find no shortage of chatter and opinion about other things that also matter. Trust me: If you have these five, nothing else matters. Each one that you don’t have is a serious, perhaps fatal, flaw in your plan. 1. Huge value-add idea . You need more than just a great idea. Your product or service must add an enormous amount of value to some industry. If the idea isn’t completely new, it has to be better, cheaper, or more efficient than what we already have. Meaning, your solar-powered mousetrap better be a big improvement over today’s pest control. For B2B plays, you want to cure pain. The best way to land corporate customers is to save them lots of money or make their pain go away. For consumer plays, the ideal is a naturally viral product; that way your customers become your salespeople. 2. Big market . No one cares how valuable your product is if its addressable market is small. The key isn’t so much the number of users as it is the dollar size of the market. VCs won’t get out of bed in the morning for less than $1B in market size. $5B is better. Don’t be fooled that companies like Facebook and Twitter are aggressively adding users rather than revenues. User bases that explosive and that sticky can be monetized at any time. A VC is like a supermodel hanging out at a bar. They hear bullshit all day long. So: NEVER try to bullshit a VC. Your market must be authentically available. Selling new self-sterilizing toothbrushes to hospitals doesn’t mean you’ll have access to the entire $7 trillion global health care industry–only a magic cure-all pill could give you that. Your market size is the number of dollars available to you if you had 100% market share with your product, not the larger industry your product plays in. 3. Favorable marketplace dynamics . It’s not enough to have a value-adding product in a big market. You also need the right conditions. Will you be able to scale revenues within a 5-10 year time frame? Is the timing right? YouTube wouldn’t have worked pre-broadband. Facebook wouldn’t have worked if MySpace hadn’t sucked. Ask yourself: Is the competitive landscape favorable? There will doubtless be competition–but it needs to be doing something demonstrably wrong. If you tell a VC there’s no competition s/he assumes it’s not an interesting market or you’re such a bullshit artist that you’ll be too difficult to work with (see lie #5 on Kawasaki’s list ). 4. The right things wrong with it . “Risk is our business,” Captain Kirk once told his management team on the Enterprise. So it is with VCs. If your business had no risk, you could go get a bank loan and call it a day. VCs like risks–without them venture capital wouldn’t exist. But they need to be risks that VCs are good at assessing and managing. You’re a product wiz but hopeless at marketing? You need a lot of guidance on patents? You need to fill out your management team? VCs love these kinds of risks. Not having a clearly large addressable market? That’s a deal breaker of a risk. 5. The A Team . So let’s say you’ve convinced me that your idea is a huge value-add, the market size is massive, your position will be defensible, and the risks are manageable. The venture will still fail without the right team building it. No matter how excited you’ve gotten them about all of the above, VCs won’t fund you if you’re Elmer Fudd. And they may take your awesome idea and fund Bugs Bunny to start it instead. Brutal for you, but you should have gone to see them with a real team, not you and your stoner college roommate. If you don’t have the best people for the job (even if that means replacing yourself as CEO), no good VC will invest. The scrupulous ones won’t fund competitors, but they won’t fund you either. Hope this was helpful. Now get out there and start brainstorming your idea. Just one caveat: If you’re thinking about building a revolutionary adaptive learning engine that will customize each person’s daily homework down to the concept level–you’re too late! Knewton is already doing that. :)

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Dan Duncan Dead: Enterprise Products Co-Founder Dies At 77

March 29, 2010

Businessman Dan Duncan died last night at his home in Houston, Texas, at the age of 77. Duncan’s business Enterprise Products Partners LP, a natural gas and crude oil pipeline company, announced the news today in a statement. A cause of death was not listed. “The entire Enterprise family mourns the unexpected passing of Dan Duncan, who will truly be missed,” said Michael Creel, president and CEO of Enterprise Products. “Our thoughts and prayers are with his family.” Duncan is described by the Houston Business Journal as a “longtime oilman” and co-founder of Houston-based Enterprise in 1968. Forbes named Duncan named the richest person in the city of Houston in 2007 and the third richest person in Texas for the same year. More from the Associated Press: HOUSTON (AP) – Dan L. Duncan, a founder and the chairman of Enterprise Products Partners LP, died Sunday night at his home, the company said. Duncan was 77. Enterprise Products, Duncan Energy Partners LP and Enterprise GP Holdings LP issued a statement Monday saying Duncan would be missed. Duncan co-founded the company in 1968 and took it public 30 years later. The company said it did not plan to change ownership or management of the partnerships. Duncan is survived by his wife Jan, four children and four grandchildren.

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Oracle’s Profit Meets Estimates as Customers Begin Buying Software Again

March 25, 2010

By Rochelle Garner March 25 (Bloomberg) — Oracle Corp. , the world’s second- largest software maker, reported third-quarter profit that met analysts’ estimates after customers bought programs they had delayed purchasing during the recession. Profit before acquisition and some other costs was 38 cents a share in the period ended Feb. 28, the company said today in a statement. That matched the average of analyst estimates in a Bloomberg survey . Including deferred revenue from Sun Microsystems Inc., which Oracle acquired in January, sales were $6.47 billion. Analysts estimated $6.32 billion. Chief Executive Officer Larry Ellison , 65, has spent $41.8 billion buying 62 companies since January 2005 to add customers and products, including business applications and tools that make disparate pieces of software work together. License sales rose 13 percent to $1.72 billion as companies renewed spending. “Those license numbers tell you things are looking up in the enterprise space,” said David Rudow , a Minneapolis-based analyst with Thrivent Asset Management, which owns more than 3.7 million Oracle shares. “The acquisitions they’ve done in middleware are paying off. These are programs for the data center that you have to spend money on to run your business better.” Fourth-Quarter Forecast On a conference call to discuss the results, Oracle forecast adjusted earnings of 52 cents to 56 cents a share for the current quarter, while adjusted revenue will jump to $9.36 billion to $9.7 billion. Analysts on average estimated 52 cents a share on $9.53 billion in sales. Sales of new software licenses will rise to $2.83 billion to $3.1 billion, Oracle said. Hardware product revenue will be $1.2 billion to $1.3 billion. Oracle, based in Redwood City, California, fell 37 cents to $25.67 in late trading at 6:07 p.m. New York time. Earlier the shares rose 28 cents to $26.04 in Nasdaq Stock Market trading. They have advanced 6.2 percent this year through the Nasdaq close. Net income fell to $1.19 billion, or 23 cents a share, from $1.33 billion, or 26 cents, a year earlier. Revenue before adjustments increased to $6.4 billion. Goldman Sachs Group Inc. expects global technology spending to rebound this year, increasing 5 percent. Large companies in the U.S. will provide a “modest” contribution to total revenue growth, the firm estimates. To maintain growth, Ellison set Oracle on an acquisition spree that moved the company beyond its database software. Today the company competes against SAP AG , the world’s biggest maker of business-management software, handling tasks such as accounting, inventory and human resources. BEA Purchase In 2008, Oracle acquired BEA Systems Inc., stepping up its challenge against International Business Machines Corp. in the market for so-called middleware, or software that helps different kinds of programs share information. “Their vast portfolio is helping them compete better,” said Jeff Gaggin , a New York-based analyst with Avian Securities Inc. “The rebound in the economy is definitely helping their growth.” He has a “positive” rating on the shares, and doesn’t own them. With the $7.4 billion acquisition of Sun, Oracle gained the fourth-biggest maker of server computers, marking Oracle’s entrance into the hardware market. Oracle has said it will get out of Sun’s low-margin, high-volume server business — focusing instead on more profitable, high-performance servers. “A lot of companies have their moment where everything comes together but aren’t able to move forward as some new platform takes hold,” Tony Ursillo , an analyst with Loomis Sayles & Co., said in an interview from Boston. “Oracle, led by Larry Ellison, continues to have good visibility into how technology is evolving and then maintains its relevance in that evolving world.” Loomis Sayles owned 6.1 million Oracle shares as of Dec. 31, according to Bloomberg data. Oracle trails Microsoft Corp. in software revenue. To contact the reporter on this story: Rochelle Garner in San Francisco at rgarner4@bloomberg.net

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Saul Garlick: Social Investing: Markets & Missions

March 22, 2010

Below is a speech that Jonathan Lewis , Founder & Chief Executive Officer of Opportunity Collaboration and Founder & Chair of MicroCredit Enterprises gave at the Social Venture Capital/Social Enterprise Conference in Miami. I think it is one of the best arguments I have read for social entrepreneurship and markets. Enjoy and pass along! By Jonathan C. Lewis March 18, 2010 Miami, Florida – Thank you for inviting me to join this important meeting. I think we all agree that from these discussions a great amount good will unfold in the months and years ahead. My assignment today is to persuade this audience to employ the tools of the marketplace in the service of economic and social justice. This is the easiest possible task because the case is a no-brainer. To make the argument for social investing, I will not appeal to your morals — although if morality does not call us to action — nothing can. Nor is it necessary for me to press you to follow your conscience — although if conscience does not move us — nothing will. Instead, the argument appeals to your self-interest and your informed understanding about markets and business. It hinges on your “inner business competitor” — the egocentric part of all of us that derives exhilarating personal pleasure from winning. Let’s be frank: Social investors are smarter. We are better-looking. We get the best tables in restaurants. And — most of all — we have better posture. As the American President Abraham Lincoln famously remarked: “A man never stands so tall as when he leans over to help a child.” It is now within your economic power to rollback the scourge of poverty. At the turn of the last century, the Industrial Revolution was the single biggest anti-poverty program in the history of Humankind. In the next century, a potent combination of public policy, public health departments and public funding of scientific research extended life expectancy for the average American by 30 years. More recently, 300 million people have been lifted out of rural poverty by Chinese capitalism. Now it is our turn. With private capital we can change the poverty paradigm. With the power of the purse, we can empower the poor to provide for themselves. Thanks to the miracle of microfinance, we now have irrefutable evidence that it is possible to marry profit margins to social missions. Microfinance is an engine of economic survival — a lifeline for the poor. Beta-tested in the low plains of Bangladesh and in the high Andes of Bolivia, microfinance achieves what economic development experts call “sustainability” and what business people call “profitability”. But microfinance alone is not a poverty panacea. None of us in this room would tolerate living in a town with poor health care, bad schools, no electricity, filthy water, but with a great bank. We need more social investments. We need more social investors. The bottom of the economic pyramid is a massive business opportunity and a cauldron of human misery. 3 billion people worldwide live on just $2.50 a day — or roughly $900 a year. $265 billion of unmet demand for microloans awaits your investment. As agents of the marketplace, we are called upon to merge our pragmatic knowledge about market realities with our noblest aspirations for economic justice. In the words of the poet Jonathan Swift: “A wise man should have money in his head — not in his heart.” Whether financing a well-established social venture in Miami or a start-up in Manaus, we have to be high-minded without being soft-headed. As business people, we understand the critical differences between textbook market conditions — and the myriad of market imperfections which plague the poor: In functioning markets, capital flows to its highest and best use. Risk and reward is measured to the single basis point. But where the poor live, capital is rare and expensive. Indeed, microfinance was invented because mainstream banks — historically and enthusiastically — had ignored the poor. In functioning markets, prices are set between willing buyers and willing sellers. Competition brings down prices — improves products — extends markets. But where the poor live, scarcity and monopoly live side-by-side. The poor are captive consumers subject to predatory pricing. In functioning markets, minimal consumer protections and financial transparency are enforced by governmental policy and a court of law. But where the poor live, property rights depend upon social norms and, often, brute force. The poor are powerless. In functioning markets, a distinction is made between public and private goods — between street cleaners and vacuum cleaners. But where the poor live, private investment is often the only investment. The market — quite literally – becomes the sole provider of the common good. In functioning markets, survival of the economic fittest is a necessary consequence of progress. Some businesses succeed — some fail. But where the poor live, the only ethical economic policy is creative opportunity — not creative destruction. As we ate our lunch today, 1 in 7 people worldwide lacked “food security.” They are routinely hungry — without the minimal daily calories needed to survive. In plain language, they are slowly starving to death – a global concentration camp of hunger. By way of illustration: Imagine if 1 out of 7 people at this conference were dressed in rags. Would we look the other way while we continued our important discussions? Would the conference proceedings note that approximately 1 in 7 participants lacked “clothes security”? No economic theory and no marketplace, whether functioning or failing, can change the reality that we each — alone and uniquely — are blessed and burdened with a moral compass. Free markets mean each of us has the freedom to make choices: We have the freedom to balance — as we deem best — the interests of investors, customers, employees and the larger societal good. We have the freedom to use the market to advance our own interests — to define those interests narrowly or broadly. We have the freedom to embrace our compassion and to serve our community. We all know the heartbreaking facts: We know that for the poor — life is “fragile, cheap, dangerous and unpredictable.” We know markets do not price-value the cry of a hungry child. What is efficient is not always fair. We know the face of poverty is a woman consigned to chattel status in the marketplace of life. We know that if you keep your food in a refrigerator and your clothes in a closet, you are richer than 75% of the world’s people. Our heads know that reversing 10,000 years of free market bad behavior — from slavery to debt bondage, from company towns to global cartels, from discriminatory banking to predatory pricing — is not within our short-term grasp. But in our entrepreneurial hearts, we know we have to try. Our shared entrepreneurial secret is that solving big challenges is heady stuff. It invigorates us as executives, as investors and as community leaders, and it completes us as individuals. In the words of the American teacher Horace Mann: “Be ashamed to die until you have won some victory for humanity.” Results, not ideology, are what count. A drowning person doesn’t care or ask how the life preserver was financed, doesn’t care or ask if a taxpayer or a shareholder has paid the lifeguard’s salary. Good intentions and high theory are not the work of social entrepreneurship. As we cannot bomb our way to peace and prosperity, we cannot finance our way to economic justice. In the end, the poor must have the power to speak up, speak out and speak for themselves. If you think you have what it takes, the world needs social investors with their heads and their hearts fully engaged. Serving the bottom of the economic pyramid is not just a market opportunity. It is also an existential statement about our values — your values — our global citizenship. In the words of a chaplain: “Be a maker of peace, a steward of mercy, a voice of reason. Be the hands and feet of justice.” Thank you, and Godspeed.

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AssetPoint Names Mike Levine President and CEO

March 22, 2010

GREENVILLE, SC–(Marketwire – March 22, 2010) –  AssetPoint ( www.assetpoint.com ), the largest best of breed provider of Enterprise Maintenance Management software and industry best practices consulting, announced today that it has appointed Mike Levine as President and Chief Executive Officer (CEO).

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AssetPoint Names Mike Levine President and CEO

March 22, 2010

GREENVILLE, SC–(Marketwire – March 22, 2010) –  AssetPoint ( www.assetpoint.com ), the largest best of breed provider of Enterprise Maintenance Management software and industry best practices consulting, announced today that it has appointed Mike Levine as President and Chief Executive Officer (CEO).

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NewlineNoosh Names Lisa Rutty Director of Sourcing and Supplier Operations

March 22, 2010

Appointment Recognizes Large Enterprise and Print Supplier Experience; Signals Move to Technology-Enabled, Analytical Sourcing Methodologies

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U.S. Stocks Rise for First Time in Five Weeks on Economy, European Bailout

February 13, 2010

By Nikolaj Gammeltoft Feb. 13 (Bloomberg) — U.S. stocks rose for the first time in five weeks after European officials pledged to help Greece close its budget deficit and the U.S. economy gained momentum, overshadowing China’s actions to limit inflation. The advance was reduced when the Standard & Poor’s 500 Index slipped 0.3 percent and the Dow Jones Industrial Average fell 0.4 percent yesterday. For the week, Caterpillar Inc. rose 8.6 percent and technology shares jumped after Motorola Inc. said it would split into two companies. American International Group Inc. , the insurer bailed out by the U.S., increased 20 percent on speculation it may sell a unit to MetLife Inc. Bank of America Corp. lost 3.7 percent after its credit outlook was cut to negative from stable by S&P. The S&P 500 rose 0.9 percent to 1,075.51, cutting its 2010 retreat to 3.6 percent. The Dow average increased 86.91 points, or 0.9 percent, to 10,099.14. The measures have recouped about half of their declines since Feb. 4 when concern about growing budget gaps in Greece, Portugal and Spain spurred the biggest sell-off since April. “It is positive that the Europeans are finally putting details behind their monetary union,” said Stephen Wood , who helps manage $176 billion as chief market strategist for Russell Investments. “U.S. equities feel better because they’re a safe haven and because the economic data has a slight upwards bias.” EU, US Stocks got a boost when European leaders voiced support for Greece’s efforts to regain control of its finances and the U.S. Labor Department said fewer Americans filed claims for unemployment insurance than economists anticipated. Indexes of companies in the S&P 500 that sell household products and so-called discretionary consumer goods advanced more than 1.5 percent. Inventories in the U.S. unexpectedly fell in December for the first time in three months as companies couldn’t keep up with increasing demand, according to figures from the Commerce Department in Washington. Home Depot gained 3.7 percent to $29. The largest U.S. home-improvement retailer was raised to “overweight” from “equal-weight” at Morgan Stanley. Goldman Sachs Group Inc. recommended investors buy bullish Home Depot options before the Atlanta-based company reports fourth-quarter results on Feb. 23. China Tightening China ordered banks to set aside more deposits as reserves for the second time in a month to cool the fastest-growing economy after loan growth accelerated and property prices surged. Chinese policy makers are seeking to avert asset bubbles and restrain inflation , causing investor concern that tighter lending will damp the global economic recovery. “China is no longer discussing a stimulus exit strategy. They’re executing an exit strategy,” Wood said. “That is going to have a continuing and significant impact on asset prices in the global economy. China is going to be the engine of global recovery, but less so going forward.” Barton Biggs , who recommended buying U.S. stocks in March when benchmark indexes sank to the lowest levels since the 1990s, said he remains bullish about equity gains and that China’s boosting reserve requirements should limit the rate of expansion in its economy without snuffing out growth. “The Chinese authorities are doing the right thing in terms of gradually tightening,” Biggs, who runs New York-based hedge fund Traxis Partners LP, said in an interview with Bloomberg Television yesterday. CEO Confidence Caterpillar, the world’s largest maker of bulldozers and excavators, jumped $4.45 to $56.20 for the biggest gain in the Dow. James Owens , chief executive officer of Caterpillar and chairman of the Business Council , said he is more optimistic about economic growth in the U.S. than the Washington-based group’s CEO confidence gauge, which climbed to 64.7 this month, the highest level in at least four years. Motorola Inc. rose 75 cents to $7.15. The company, whose handset business lost more than $3 billion in the past two years, will split in two next year, combining its mobile-phone and set-top box divisions into one publicly traded company and the enterprise mobility and networks units into a second. AIG , the insurer bailed out by the U.S., jumped $4.41 to $26.82 for the second-biggest gain in the S&P 500 on speculation the company will announce its largest asset sale since being rescued by the U.S. MetLife plans to pay $8 billion in stock and $7 billion in cash for AIG’s American Life Insurance Co. Earnings Reports A record nine-quarter earnings slump is projected by analysts to have ended in the fourth quarter with an 80 percent increase in S&P 500 profits. Forty-five companies in the index are scheduled to release results next week, including Hewlett- Packard Co., Kraft Foods Inc. and Wal-Mart Stores Inc. “Earnings have been great,” said Keith Springer , president of Sacramento, California-based Capital Financial Advisory Services Inc., which manages about $100 million. “Companies reacted quickly to adapt to the slower demand, cutting jobs and costs. They’ve become very efficient.” More than 350 companies in the S&P 500 have reported fourth-quarter earnings since Jan. 11, and about 76 percent have beaten analysts’ estimates, according to data compiled by Bloomberg. Harman International Industries Inc. soared 27 percent to $44.20 for the biggest advance in the S&P 500. The maker of audio systems for homes and vehicles reported profit excluding some items of 40 cents a share in its fiscal second quarter, five times higher than the average analyst estimate, according to Bloomberg data. Bank of America fell 55 cents to $14.45. The Charlotte, North Carolina-based bank and Citigroup Inc. had their credit outlooks cut to negative from stable by S&P, which said the U.S. government may be less likely to repeat a bailout of troubled financial institutions. To contact the reporter on this story: Nikolaj Gammeltoft in New York at ngammeltoft@bloomberg.net

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Roger I. Abrams: Beer and Sports

February 8, 2010

Beer is the mother’s milk of sports, the engine that drives the enterprise. That was apparent during the Super Bowl broadcast, watched by over 100 million consumers. That is not surprising because alcohol has always been part of the game. Anheuser-Busch sponsored what seemed to be dozens of commercials (It wasn’t that many; it only seemed that way.) All of its ads targeted the lowest common denominator of viewers and did so with appropriate glee. During the nineteenth century, beer was more than a social lubricant. Drunk primarily by immigrants who did not have access to clean water in our growing urban slums, beer became a symbol of social division. Members of proper society associated their fear of immigrants with the overuse of alcohol. The National League banned the sale of the brew at baseball games, much to the dismay of brewers who owned clubs like the Cincinnati Redstockings, baseball’s first professional team. The League was concerned that selling alcohol would attract the wrong type of crowd. Workingmen were not welcome, and neither were clubs that ignored the “no beer” edict. When Cincinnati refused to sign the “no beer” pledge, it was dropped from the League in 1881. In order to sell their beer, brewer-owners formed their own rival league. The American Association was scorned by the magnates of the National League as the “Beer and Whiskey League.” The Association fielded six teams that sought out the working class audience by offering both the sale of alcohol and play on Sunday – all at half the price charged by the National League. Four of the six club owners also owned breweries. Chris Von der Ahe, a German immigrant with a bulbous nose and a notable mustache who knew nothing about baseball, owned the St. Louis franchise and introduced sausages at his ballpark to complement his beer, forever linking hot dogs, beer and baseball. When the American Association folded in 1891, Von der Ahe’s St. Louis club was allowed into the National League. He added a dance hall to Sportsmen’s Park, amusement park rides, a racetrack and an all-female cornet band. Bill Veeck would have been proud. Alcohol was not all fun-and-games, however. Players overindulged before, during and after games. The scourge of alcoholism consumed the game. Owners tried shadowing their players off the field by hiring Pinkerton detectives. Some offered bonuses to those players who quit. Beer and other spirits, however, took their toll. Curt Welch, a centerfielder for the St. Louis Browns in the mid-1880s, hid a pint of whiskey in the outfield grass, and he would take nips between batters. Pete Browning, the “Gladiator,” was normally drunk on and off the field. Nonetheless, he batted .341 for his career. Browning explained: “I can’t hit the ball until I hit the bottle.” There is a story about an intoxicated Browning taking a 15-foot lead off second base in 1887 and then falling asleep. The second baseman walked up and put him out. The twentieth century had its share of alcoholics and their tragic stories of shortened careers and, sometimes, early deaths. Mickey Mantle was the most prominent example, who, on his deathbed urged youngsters not to follow his lead. It is difficult, however, to resist the pull of those dazzlings ads. Americans have had a love affair with beer since colonial days, but only in the twentieth century did we learn how to mass produce and mass-market our favorite diversion. Sports became a platform for advertising, a part of the great entrepreneurial enterprise that is America. With so many choices available to consumers, brewers needed to inculcate brand loyalty. Shortly after the repeal of Prohibition in the 1930s, print media and magazine ads promoted the product. In its early days, televisions were too expensive to purchase for the home and sets were located in neighborhood taverns. It was a natural setting for beer advertisements. The Super Bowl is a great communal festival celebrated across the country in parties and events. You no longer need to go to a bar to watch the game and enjoy it with friends and alcohol. You can do that at home. The advertisements have become part of the entertainment. As the Budweiser Clydesdale commercial reminded us: “Nothing comes between friends . . . especially fences.” Nothing comes between sports and beer, and there are no fences. Oh, by the way, the Saints won.

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Nancy F. Koehn: Rebooting Households: The View from Davos

January 29, 2010

The World Economic Forum is in full throttle in Davos, Switzerland this week. There are the usual list of heavy-hitters and loads of conversations about the world’s most pressing challenges and the importance of global cooperation and cross-national creativity in meeting them. Yet, in all the bustle of power and celebrity amassed there at 5,118 feet of elevation, there is considerably less attention being paid to how individual households–income earners, consumers, potential entrepreneurs–are rethinking and rebuilding and what it means for economic and social welfare. Let’s roll the tape backward to try to understand what is happening to families. Between mid-2007 and early 2009, household net worth in the United States fell more than 20 percent as real estate prices declined and the stock market imploded. Following right on the heels of the 2008 financial crisis was a wide, deep recession which quickly begat 10 percent unemployment. Although the stock market has staged a robust recovery beginning in the second quarter of 2009 and housing prices have slowed their declines, unemployment is not expected to abate for a long time. Ironically, the lean, efficient supply chains created over the last 15 years by companies worldwide, particularly U.S. companies, are partly to blame. The very efficiency that helped fuel the prosperity of the mid-1990s and mid-2000s has come back to bite families and thus consumers in the form of “sticky” unemployment and (much) more volatility in the traditional job markets. As 2010 opens, households globally have less wealth, fewer employment prospects with established institutions, and in many cases, reduced social welfare benefits, as cash-starved governments and non-profits curtail assistance. All of this has come at individual families harder and faster than in past recessions. So, how are households responding to this socioeconomic shock and awe? What are they doing, as Bono (who is a Davos regular) might say, to reboot themselves? We see early indications that families are “taking back the financial night,” to gain more control and security for themselves through their own agency and apart from government and corporations. For example, the personal savings rate in the United States has jumped from an average of 2.5 percent over the past 10 years to as high as 6.5 percent in May 2009. Personal savings rates often increase with the onset of the recession, but relative to earlier downturns , this is a bigger bump up, and it will likely last well into the recovery as households begin to create safety nets they can control. In the wake of so many organizations dropping the responsibility ball, trust is especially important right now for American families. As consumers, families are looking to brands–new and established–that are worthy of their hard-earned dollars and their trust (think Apple, Hyundai or McDonald’s). They are using the Internet–more intensively than in the past–to help define value. They are using it to create a more communal, active aspect to consumption. Individuals from all walks of life are deliberately participating in social networking resources, consumer-feedback and rating sites, product blogs and other online locations where they can find guidance, information, and, at times, self definition about what to buy and why. They are also increasingly using the Internet to tell companies what they (really!) think of them. Consumer activism is no longer the sole province of dedicated organizations. With families trying to reclaim the power they feel they’ve recently lost, consumer activism will become a much bigger force on the global stage. One of the most important potential responses on the part of households to the economic shocks of the past two years is entrepreneurship. Historically, entrepreneurial innovation has been a very powerful engine of macroeconomic growth, technological breakthroughs and job creation. Consider Marshall Field, Cyrus McCormick, and Gustav Swift, each of whom came from relative obscurity to found businesses that–in the midst of the economic turbulence of the late 19th century–revolutionized retailing, farming and meatpacking respectively and helped make Chicago one of the nation’s preeminent cities. In our own time, the Information and Biotech Revolutions were ignited largely through entrepreneurial agency. Much of the continued green revolution in alternative energy sources will doubtlessly unfold on the backs of individual entrepreneurs now working in all kinds of garages. At this critical inflection point for the United States, what can be done to light the kindling of entrepreneurial initiative among American families? If we start with young people, we can look for inspiration to the Network for Teaching Entrepreneurship (NFTE), an organization that works with schools and communities to help youth in low-income neighborhoods build their skills and unlock their entrepreneurial creativity. Each year, the NFTE sponsors a national business-plan contest in which students put forth their own concepts and practical models for new enterprises (Last year, 24,000 entrants submitted plans). Or consider the Center for Women in Enterprise (CWE), a New-England based organization dedicated to helping women start their own businesses. CWE offers workshops, training sessions and networking events for women at all stages of the entrepreneurial cycle–from the earliest glimmer of an idea to raising money to managing growth and cash flow. If we look farther afield, there is Kiva, the online microlender created by an entrepreneurial family–Matt and Jessica Jackley–to connect small lenders all over the world with promising entrepreneurs in developing countries. Almost five years after its founding, Kiva has helped raise more than $100 million to fund 239,000 entrepreneurs. Most of this money went to enterprising individuals in regions like Africa, but last year, Kiva opened its services to U.S. entrepreneurs as well. These three organizations–each of which came out of the private sector–are forces of (credible) hope and change. Each starts from the premise that the unleashing of individual possibility and responsibility is a critical road to our collective well-being. And each is focused on targeted action now to help fuel the fire of entrepreneurship. As the high-level conversations at Davos continue this week, government officials and other participants would do well to consider what is happening to families, the central unit of economic and social welfare, and how public institutions can help unlock the entrepreneurial power that exists around all those kitchen tables.

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Clinton Rejects Russia’s Call for New Europe Treaties, Says Troops to Stay

January 29, 2010

By Indira A.R. Lakshmanan Jan. 29 (Bloomberg) — U.S. Secretary of State Hillary Clinton rejected Russia’s calls for new European security treaties and said American forces will remain on the continent to “deter attacks and to respond quickly if any occur.” “European security remains an anchor of U.S. foreign and security policy,” Clinton said in a speech today in Paris, adding that “some questions” had been raised in recent months about the depth of the Obama administration’s commitment to Europe. Clinton dismissed two Russian initiatives seen as a bid to boost Russian influence over countries once part of the Soviet Union and the Warsaw Pact and to halt the North Atlantic Treaty Organization’s expansion. A plan put forward last month would have effectively given Russia a veto over allied military planning, especially in eastern Europe, said four allied officials who declined to be named. “The Russian government has put forth proposals for new security treaties for Europe,” Clinton said. “However, we believe that these common goals are best pursued in the context of existing institutions, such as the OSCE and the NATO-Russia Council, rather than by negotiating new treaties, as Russia has suggested.” The OSCE is the Vienna-based Organization for Security and Cooperation in Europe . Clinton said that a “cornerstone” of European security is the “sovereignty and territorial integrity of all states.” She repeated U.S. calls on Russia to honor the terms of a cease-fire agreement that ended the August 2008 Russia-Georgia war and the administration’s refusal to recognize Russia’s claims of independence for the breakaway Georgian regions of Abkhazia and South Ossetia. Spheres of Influence “More broadly, we object to any spheres of influence in Europe in which one country seeks to control another’s future,” Clinton said, adding that even amid Russian opposition, “ NATO must and will remain open to any country that aspires to become a member and can meet the requirements of membership.” Russian Prime Minister Vladimir Putin has accused NATO of violating a 1998 pledge not to permanently station “substantial combat forces” on former Warsaw Pact territory. NATO absorbed former Soviet allies starting in 1999 — including three former Soviet republics, Estonia, Latvia and Lithuania — at a time when a Russia shorn of its Cold War satellites was struggling to regain its economic footing after defaulting on $40 billion of debt. Under Putin since 2000, energy-rich Russia has seized on an oil price that peaked at $147 per barrel in July 2008 to revive its economy and gain leverage over oil- and gas-importing states in Europe. Russia Pushes Back Russia pushed back against further NATO enlargement with its 2008 invasion of Western-leaning Georgia and attempts to reassert control over Ukraine. The U.S. will maintain its “unwavering commitment” to Article 5 of the NATO treaty “that an attack on one is an attack on all,” said Clinton. “As proof of that commitment, we will continue to station American troops in Europe, both to deter attacks and to respond quickly if any occur,” she said. To be sure, Clinton underlined that even when Russia and the U.S. don’t agree “we will seek constructive ways to discuss and manage our differences.” She noted that “Russia is no longer our adversary” and pointed to Russian-U.S. cooperation on Afghanistan, Iran and North Korea. She also highlighted progress in discussions on a new START treaty to reduce the size of the Russian and U.S. nuclear arsenals. Cooperate With Russia Clinton said the U.S. is serious about exploring ways to cooperate with Russia to develop a missile defense system that would provide security for both Europe and Russia. “Missile defense we believe will make this continent a safer place,” said Clinton. “That safety could extend to Russia, if Russia decides to cooperate with us.” Clinton called on Russia to back the Conventional Forces in Europe Treaty and urged the Russian leadership to lift its two- year-old suspension of the implementation of the CFE Treaty. She said an updated treaty should take into account developments since the original treaty was signed in 1990 and include “the right of host countries to consent to stationing foreign troops in their territory.” The OSCE’s ability to defend and promote human rights needs to be strengthened and it needs a “Crisis Prevention Mechanism” that would allow it to send rapid humanitarian aid and provide impartial monitoring, Clinton said. NATO has pointed to the 56-nation Organization for Security and Cooperation in Europe , an East-West forum created in 1975, as the best arena for discussing Russia’s security concerns. “We are continuing the enterprise we began at the end of the Cold War to expand the zone of democracy and stability across Europe,” Clinton said. To contact the reporter on this story: Indira Lakshmanan in London at ilakshmanan@bloomberg.net .

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Toyota Recall: Alamo, Enterprise, Avis, And National Car Rental Companies Pull Recalled Toyotas From Fleets

January 28, 2010

NEW YORK — Three car rental companies said Wednesday they are pulling thousands of Toyotas from their fleets over faulty gas pedals. The Pontiac Vibe, made by General Motors Co. in conjunction with Toyota, has also been recalled and will be removed from service by Enterprise Holdings, which operates the Alamo Rent A Car, Enterprise Rent-A-Car and National Car Rental chains. Toyota Motor Co. announced Tuesday that it was suspending sales and halting production of eight models following last week’s recall to repair sticking gas pedals that could make the cars and trucks accelerate without warning. Avis Budget Group Inc. said that it is immediately removing about 20,000 Toyotas from its rental fleets in the U.S., Canada and Puerto Rico. Separately, Hertz Corp. said it would temporarily stop renting vehicles involved in the recall. Privately held Enterprise said it is also pulling the affected vehicles, which represent about 4 percent of its fleet, but is acting out of “an abundance of caution.” The Pontiac Vibe is affected by the recall because it was a joint venture product with Toyota, with the same engineering, products and manufacturing as Toyota vehicles. GM has since discontinued the line and the entire Pontiac lineup. A Buick-GMC spokesperson said the company is awaiting details from Toyota on the repairs necessary for existing Pontiac Vibe customers. Shares of Avis rose 16 cents to close at $11.53 Wednesday. Hertz shares added 27 cents to end at $11.01. Toyota shares fell $7.01, or 8.1 percent, to close at $79.77 and dropped 27 cents in after-hours trading.

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Michael H. Shuman: Community Food Enterprise: Local Success in a Global Marketplace

January 25, 2010

It’s time to connect the headlines between persistent unemployment in the United States and growing food insecurity. The next Obama stimulus package should focus on how local food can address both simultaneously. A study done two years ago found that a 20% shift of retail food spending in Detroit redirected to locally grown foods would create 5,000 jobs and increase local output by half a billion dollars. A similar shift to Detroit-grown food by those living in the five surrounding counties would create 35,000 jobs – far more than ever will come out of the multibillion-dollar bailout of the auto industry. The experience of microenterprise organizations around the country suggests that each of these jobs can be created for $2,000-3,000 of public money–a tiny fraction of the price of the last stimulus. To some skeptics, locavorism is a cute hobby only embraced by Prius-driving environmentalists in rich countries. Libertarians like those at the Cato Institute argue that the best way to localize is to open Walmarts in every community. Progressives like Peter Singer of Princeton University ask, “If you’re living in a prosperous part of the United States, what’s really ethical about supporting the economy around you rather than, say, buying fairly traded produce from Bangladesh, where you might be supporting smaller, poorer farmers who need a market for their goods?” What these critics fail to appreciate is that there are a growing number of profitable and competitive locally owned food businesses, here and abroad, that provide exciting models for communities becoming more food secure. A multi-year study my colleagues at BALLE and at the Wallace Center at Winrock International and I just completed on 24 exemplary “community food enterprises” (CFEs) — locally owned food related businesses — came to five surprising conclusions about local food and its economic potential (examined in more detail at a pair of upcoming DC-area and online panel discussions on the CFE study): Local food is not just about the proximity of production and short supply chains . Equally important is local ownership of the enterprises involved, which stimulates local income, wealth, jobs, taxes, charitable contributions, tourism, and entrepreneurship. Restaurants like the White Dog Café in Philadelphia draw customers in part by highlighting their business relationships to nearby farmers and other food suppliers. Part of what draws Americans to local food is its stimulus effect. Every dollar spent at a locally owned food grocer, for example, probably contributes two to four times as many economic benefits as does a non-locally owned food business like a Walmart Supercenter. Community food enterprises are deploying more than a dozen interesting strategies for competing effectively against multinational enterprise. Many CFEs take characteristics that were once regarded as liabilities, such as limited capital or a dedication to high social standards, and turn them into competitive assets. The Weaver Street Market in Research Triangle, North Carolina, is a consumer cooperative whose members are motivated to buy from the store – because of profit sharing – even when other groceries have nominally cheaper prices. Zingerman’s Community of Businesses in Ann Arbor, Michigan, has become an economic powerhouse – now employing 535 people and achieving sales of30 million per year – by creating new local businesses around inputs to the deli (like bread and cheese) and around outputs from the deli (like selling the food in a sit-down restaurant called the Roadhouse). One way CFEs have become more competitive is through scale. Local does not necessary mean small. For example, Organic Valley , a producer cooperative that distributes organic foodstuffs via regionally owned and operated networks, involves 1,300 farmers and operates in nearly all 50 U.S. states. Many CFEs also export only once they’ve met local demand, such as Cargills in Sri Lanka, a family-owned company that connects – through food processing, manufacturing, and distribution — 10,000 farmers on the island with their grocery chain, is now reaching out globally. CFEs are in operation on every continent – including the developing world. For instance, in Zambia, an enterprising woman named Sylvia Banda is promoting the virtues of local eating and cooking in her own television show, a catering business, and small-business training center. In Paraguay, the Financially Self-Sufficient Organic Farm School , based in a rural region of Villa Hayes, teaches CFE entrepreneurship to low-income high school students through local enterprises that defray the costs of running the school. Economic developers, both in the U.S. and internationally, would be wise to give CFEs greater priority as vehicles for creating new jobs and enhancing local food security. Local food, by the way, also increasingly means cheaper food. Few economists appreciate how inefficient traditional global food production has become. Some 73 cents of every U.S. dollar spent on food goes to distribution, including advertising, trucking, packaging, refrigeration, middle people, and so forth. Seven cents goes to the farmer. A local food business, like the Oklahoma Food Cooperative we studied, has reduced distribution costs to 20 cents on the dollar, which means lower prices for consumers and more income for farmers. This is also why local food is important globally. The worst way to help poor Bangladeshi farmers to get out of poverty is to continue buying their produce, since even under fair trade standards maybe a penny or so of every food-sale dollar reaches them. It’s far better for Americans to help Bangladesh residents become more self-reliant on food by sharing our best models of CFEs (and their sharing their best models with us) to encourage local ownership of economic stimulating local food businesses. Plus, the community wealth generated by greater food self-reliance will give us more purchasing power to buy those items, like coffee or bananas, that only can be grown in the global south. Spreading CFE models in the name of creating jobs and food security everywhere is the kind globalization all of us can embrace. Michael Shuman is the research director for the Business Alliance for Local Living Economies (BALLE), author of The SmallMart Revolution and lead author of Community Food Enterprise: Local Success in a Global Marketplace , published by the Wallace Center at Winrock International. The Wallace Center will be a hosting a pair of panel discussions on CFEs this Thursday in Washington, DC and broadcast live online; for more information, please visit: www.communityfoodenterprise.org/event .

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Michael H. Shuman: Community Food Enterprise: Local Success in a Global Marketplace

January 25, 2010

It’s time to connect the headlines between persistent unemployment in the United States and growing food insecurity. The next Obama stimulus package should focus on how local food can address both simultaneously. A study done two years ago found that a 20% shift of retail food spending in Detroit redirected to locally grown foods would create 5,000 jobs and increase local output by half a billion dollars. A similar shift to Detroit-grown food by those living in the five surrounding counties would create 35,000 jobs – far more than ever will come out of the multibillion-dollar bailout of the auto industry. The experience of microenterprise organizations around the country suggests that each of these jobs can be created for $2,000-3,000 of public money–a tiny fraction of the price of the last stimulus. To some skeptics, locavorism is a cute hobby only embraced by Prius-driving environmentalists in rich countries. Libertarians like those at the Cato Institute argue that the best way to localize is to open Walmarts in every community. Progressives like Peter Singer of Princeton University ask, “If you’re living in a prosperous part of the United States, what’s really ethical about supporting the economy around you rather than, say, buying fairly traded produce from Bangladesh, where you might be supporting smaller, poorer farmers who need a market for their goods?” What these critics fail to appreciate is that there are a growing number of profitable and competitive locally owned food businesses, here and abroad, that provide exciting models for communities becoming more food secure. A multi-year study my colleagues at BALLE and at the Wallace Center at Winrock International and I just completed on 24 exemplary “community food enterprises” (CFEs) — locally owned food related businesses — came to five surprising conclusions about local food and its economic potential (examined in more detail at a pair of upcoming DC-area and online panel discussions on the CFE study): Local food is not just about the proximity of production and short supply chains . Equally important is local ownership of the enterprises involved, which stimulates local income, wealth, jobs, taxes, charitable contributions, tourism, and entrepreneurship. Restaurants like the White Dog Café in Philadelphia draw customers in part by highlighting their business relationships to nearby farmers and other food suppliers. Part of what draws Americans to local food is its stimulus effect. Every dollar spent at a locally owned food grocer, for example, probably contributes two to four times as many economic benefits as does a non-locally owned food business like a Walmart Supercenter. Community food enterprises are deploying more than a dozen interesting strategies for competing effectively against multinational enterprise. Many CFEs take characteristics that were once regarded as liabilities, such as limited capital or a dedication to high social standards, and turn them into competitive assets. The Weaver Street Market in Research Triangle, North Carolina, is a consumer cooperative whose members are motivated to buy from the store – because of profit sharing – even when other groceries have nominally cheaper prices. Zingerman’s Community of Businesses in Ann Arbor, Michigan, has become an economic powerhouse – now employing 535 people and achieving sales of30 million per year – by creating new local businesses around inputs to the deli (like bread and cheese) and around outputs from the deli (like selling the food in a sit-down restaurant called the Roadhouse). One way CFEs have become more competitive is through scale. Local does not necessary mean small. For example, Organic Valley , a producer cooperative that distributes organic foodstuffs via regionally owned and operated networks, involves 1,300 farmers and operates in nearly all 50 U.S. states. Many CFEs also export only once they’ve met local demand, such as Cargills in Sri Lanka, a family-owned company that connects – through food processing, manufacturing, and distribution — 10,000 farmers on the island with their grocery chain, is now reaching out globally. CFEs are in operation on every continent – including the developing world. For instance, in Zambia, an enterprising woman named Sylvia Banda is promoting the virtues of local eating and cooking in her own television show, a catering business, and small-business training center. In Paraguay, the Financially Self-Sufficient Organic Farm School , based in a rural region of Villa Hayes, teaches CFE entrepreneurship to low-income high school students through local enterprises that defray the costs of running the school. Economic developers, both in the U.S. and internationally, would be wise to give CFEs greater priority as vehicles for creating new jobs and enhancing local food security. Local food, by the way, also increasingly means cheaper food. Few economists appreciate how inefficient traditional global food production has become. Some 73 cents of every U.S. dollar spent on food goes to distribution, including advertising, trucking, packaging, refrigeration, middle people, and so forth. Seven cents goes to the farmer. A local food business, like the Oklahoma Food Cooperative we studied, has reduced distribution costs to 20 cents on the dollar, which means lower prices for consumers and more income for farmers. This is also why local food is important globally. The worst way to help poor Bangladeshi farmers to get out of poverty is to continue buying their produce, since even under fair trade standards maybe a penny or so of every food-sale dollar reaches them. It’s far better for Americans to help Bangladesh residents become more self-reliant on food by sharing our best models of CFEs (and their sharing their best models with us) to encourage local ownership of economic stimulating local food businesses. Plus, the community wealth generated by greater food self-reliance will give us more purchasing power to buy those items, like coffee or bananas, that only can be grown in the global south. Spreading CFE models in the name of creating jobs and food security everywhere is the kind globalization all of us can embrace. Michael Shuman is the research director for the Business Alliance for Local Living Economies (BALLE), author of The SmallMart Revolution and lead author of Community Food Enterprise: Local Success in a Global Marketplace , published by the Wallace Center at Winrock International. The Wallace Center will be a hosting a pair of panel discussions on CFEs this Thursday in Washington, DC and broadcast live online; for more information, please visit: www.communityfoodenterprise.org/event .

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Ivy Leaguers’ Class for Poor Becomes `Platinum’ U.S. Charter School Brand

January 20, 2010

By Molly Peterson Jan. 20 (Bloomberg) — In 1993, Mike Feinberg and Dave Levin were recent Ivy League graduates teaching fifth graders in Houston’s inner city. The students were as much as two academic years behind their middle-class peers. A year later, Feinberg and Levin started a classroom that operated nine hours a day instead of the normal seven, as well as on some Saturdays and during the summer. Within a year, the number of students performing at grade level in reading and math jumped to 90 percent from 50 percent. Today the 50-pupil experiment has grown into the biggest U.S. charter-school operator, with 82 schools for poor and minority children in 19 states. The Obama administration cites the Knowledge Is Power Program , as the nonprofit system is known, as a model of the kind of education reform it hopes to spawn with $100 billion in stimulus money. KIPP has gotten “remarkable results from students,” Education Secretary Arne Duncan said in an interview. “The program helps kids ‘‘who didn’t really have a good work ethic, who didn’t have dreams, start to become extraordinarily successful.” In addition to adopting working-world hours — KIPP says its students spend 60 percent more time in class than regular public schools require — the organization’s founders say they have been inspired in part by Gap Inc. , FedEx Corp. and Southwest Airlines Co. Commencement Walk Adopting Southwest’s emphasis on employee motivation helps principals keep teachers, students and parents focused on preparing every child for college, said Feinberg, 41, a University of Pennsylvania graduate who is head of KIPP’s 15 Houston schools. Yale University alumnus Levin, 39, runs the system’s six New York City schools. When KIPP students graduate, “it’s not just the high school teachers that walk in the commencement,” Feinberg said. “The middle-school teachers and the elementary teachers that taught those kids walk in the commencement as well.” A 2005 study by the Educational Policy Institute in Virginia Beach, Virginia, found “large and significant gains” among fifth graders in KIPP schools nationwide on the Stanford Achievement Test, a standardized assessment used by school districts. The students scored an average of 9 to 17 points higher in reading, language and math, on a scale of 99 points, than they had the previous year elsewhere. KIPP has an 85 percent college matriculation rate, compared with 40 percent for low-income students nationwide, according to a 2008 report card on the organization’s Web site. About 90 percent of KIPP’s 20,000 students are black or Hispanic; 80 percent qualify for subsidized meals. ‘Platinum Brand’ KIPP’s charter schools are a “platinum brand,” said Dan Katzir, managing director of the Los Angeles-based Eli and Edythe Broad Foundation , which has donated $18 million to the schools. For all its success, education scholars such as Jeffrey Henig, a political science and education professor at Columbia University in New York, question whether the KIPP experience can be replicated on a large scale. The main reason is that KIPP is able to staff its relatively small number of schools by recruiting from a limited pool of top candidates, many of them from programs other than traditional education colleges. About two-thirds of KIPP’s principals and a third of its teachers are alumni of Teach for America , a New York-based nonprofit that recruits graduates of Ivy League and other top colleges to teach in high-poverty areas for two years. Feinberg and Levin met when both joined Teach for America in 1992. “KIPP and Teach for America have shown that it is possible to get good, bright, enthusiastic, energetic young people into schools,” Henig said. “But we don’t know whether that’s sustainable.” Careful Growth “The KIPP school is not a transformative model,” said Frederick Hess, director of education policy studies at the American Enterprise Institute , a Washington research group. “The KIPP school is a school that takes meat-and-potatoes education and does it incredibly well,” Hess said. KIPP, which plans to have 110 schools by 2011, never envisioned becoming ubiquitous, said John Fisher, chairman of the KIPP Foundation, which supports the schools. “We will not open another school if we don’t believe it’s going to be as good as the last school we opened,” he said. KIPP’s New York chapter has expanded “in a way that ensures quality control,” said New York Schools Chancellor Joel Klein . “They have consistently opened up very good schools, and we want to support that.” Chosen by Lottery The nation’s 4,900 charter schools, including KIPP’s, operate under contracts with school districts or states and receive most of their operating funds from them. KIPP says most of its schools get no tax dollars for capital needs such as school buildings and relies on donations. Students attend for free and are chosen by lottery. Partly to spur the growth of charter schools, President Barack Obama said yesterday he wants to add $1.35 billion to the $4.35 billion already in the government’s Race to the Top education program, which rewards states whose innovations can serve as models for others. While KIPP can’t compete directly for that money, it’s “hopeful that there are real opportunities to help us be part of the larger effort” to improve education, KIPP Foundation Chief Executive Officer Richard Barth said in an interview. Gap Founders John Fisher’s parents, Gap clothing chain founders Don and Doris Fisher , were among KIPP’s major boosters, giving Feinberg and Levin $15 million to start its foundation in 2000 and $64 million in all over the years. Philanthropies including the Bill & Melinda Gates Foundation and the Walton Family Foundation also have donated, bringing total contributions to $130 million. Don Fisher was chairman of the KIPP Foundation’s board until his death last September at the age of 81. John succeeded him. The foundation funds a yearlong Fisher Fellowship for prospective KIPP principals, whose coursework includes business school classes that examine companies such as Southwest and FedEx. KIPP’s founders say FedEx offers insights into competing with a government monopoly. The classes are followed by “residencies” at KIPP schools and six months developing a business plan in the communities where the participants plan to open schools. Students as Customers “KIPP school leaders are small business owners in many respects,” said Elliott Witney, who completed the fellowship in 2002 and is chief academic officer of KIPP’s Houston schools. “I’ve got friends in New York starting their own companies, and the issues they deal with are identical to ours.” Witney, 34, says about half the books in his office are business and management-related, including Jim Collins ’ “Good to Great” and Malcolm Gladwell’s “The Tipping Point.” KIPP school leaders, who refer to students and parents as “customers,” have more control than traditional public-school principals over budgets, staffing and curriculum, Feinberg said. They also continually assess whether students are likely to succeed in college. Schools that fall short can lose the right to the KIPP brand. The branding strategy came from Don Fisher as he helped KIPP craft an expansion plan. Feinberg recalled showing Fisher uniforms bearing the names of three KIPP schools opening in 2001. “Don was like, ‘These are great. Where’s KIPP?’” Feinberg said. The KIPP name began appearing on T-shirts and signs, and in the name of every school. KIPP Academy Middle School is the centerpiece of the group’s Southwest Houston campus, which houses three schools for students in pre-kindergarten through 12th grade. U.S. News and World Report last month ranked KIPP’s Houston high school 16th best of the U.S.’s 21,000 public secondary schools. ‘No Shortcuts’ At the middle school, motivational slogans such as “No Shortcuts” line the corridor walls. Pre-kindergartners wear shirts emblazoned with “Class of 2024,” the year they plan to start college. Classrooms are named after universities, including Yale and Penn. Fifth graders recite multiplication tables in unison through rhyming chants, a mnemonic method known as rolling numbers. First-grade spelling lessons make use of body language, with students snapping their fingers for each vowel in a word, and clapping for each consonant. FedEx Effect Feinberg wants to expand in Houston from 15 to 42 KIPP schools serving 10 percent of the city’s public-school students by 2020. He says the competition might spur traditional public schools to adopt KIPP methods, the way the U.S. Postal Service began offering overnight mail nationally amid competition from FedEx. That probably won’t happen, said Gayle Fallon, president of the Houston Federation of Teachers. “Public schools don’t always react that way,” Fallon said. “They’ll whine about losing enrollment” to charter schools, “but whether they do anything about it is another story.” KIPP provides “healthy competition” that “makes everybody better,” said Houston Independent School District spokesman Norm Uhl. Some other charter schools have followed KIPP’s lead by increasing class time, and many regular public schools have started effective after-school programs, Uhl said. Michelle Rhee , head of the Washington, D.C., public schools since 2007, said she’s modeled some initiatives after KIPP, including Saturday classes and more rigorous summer school. Rhee has known KIPP-D.C. founder Susan Schaeffler since 1992, when they too were in Teach for America. KIPP proves that “it is absolutely possible for poor minority kids to achieve at the highest level,” Rhee said. She cited a KIPP school in Washington where, she said, 90 percent of students are performing on grade level, compared with 10 percent at a regular public school six blocks away. “Same neighborhood, same challenges, same kids with those wildly different outcomes,” Rhee said. To contact the reporter on this story: Molly Peterson in Washington at mpeterson9@bloomberg.net

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Japan Airlines Said to Near Deal With Delta, Severing Ties With American

January 17, 2010

By Kiyotaka Matsuda Jan. 18 (Bloomberg) — Japan Airlines Corp. may drop partner American Airlines for a pact with Delta Air Lines Inc. as it restructures under bankruptcy protection, according to two people familiar with the situation. Delta is unlikely to take a stake in JAL and will only pay transition costs, said the people who declined to be identified as the talks are private. The U.S. carrier earlier offered JAL $300 million in compensation for lost sales as part of a package designed to lure the Tokyo-based airline into its SkyTeam from American’s Oneworld. Atlanta-based Delta has sought a tie-up with JAL to access the carrier’s networks in Japan and China. A state- affiliated fund is due to announce a turnaround plan for JAL tomorrow, which will likely include seeking court protection, according to three people familiar with the matter. Delta and JAL intend to apply by mid-February for antitrust immunity to cooperate on transpacific routes, pending a final decision by JAL’s incoming management, said the two people. JAL posted a 131 billion yen ($1.4 billion) JAL hasn’t yet decided between an accord with Delta or American, said spokesman Kojiro Waki . Delta spokeswoman Ryoko Matsumoto said talks with JAL are on-going. She declined to comment further. American, Delta Delta and its SkyTeam partners in November proposed a $1 billion package to JAL, including buying a $500 million stake. Delta also offered to cover lost sales and to provide $200 million in financing. JAL fell 14 percent, or 1 yen, to 6 yen as of 10:35 a.m. in Tokyo trading. The stock has tumbled 91 percent this month. The yield on JAL’s 10 billion yen in 2.94 percent notes due 2013 reached 69.7 percent on Jan. 15 from 15.6 percent on Dec. 30, according to Japan Securities Dealers Association prices on Bloomberg. The notes yielded about 9.5 percent a year ago. JAL and Delta executives confirmed the plans at a Jan. 15 meeting in Tokyo, the people said. All Nippon Airways Co., Japan’s No. 2 carrier, has applied for antitrust immunity to cooperate on Japan-U.S. routes with Star Alliance partners, UAL Corp.’s United Airlines and Continental Airlines Inc. Government-affiliated Enterprise Turnaround Initiative Corp. of Japan will make a final decision on what assistance to provide to JAL tomorrow, Transport Minister Seiji Maehara said last week. To contact the reporter on this story: Kiyotaka Matsuda in Tokyo at kmatsuda@bloomberg.net .

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The Atlantic Partners, a Leading Business Exit Trajectory Firm, Announces New Regional Office in Washington, DC, Led by Tom Kohn

January 7, 2010

Firm Sees Growth Potential in the Area With Its Unique “Analyze, Stabilize and Monetize(R)” Enterprise Exit Process

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Dodd’s Plan to Depart Senate May Help Push Revamp of U.S. Financial Rules

January 6, 2010

By Alison Vekshin Jan. 6 (Bloomberg) — Christopher Dodd ’s departure from the Senate this year may help the lawmaker push the revamp of U.S. financial rules without being distracted by a tough re-election campaign. Dodd, a Connecticut Democrat and Senate Banking Committee chairman who trails Republican Rob Simmons by as much as 11 percentage points in polls, also may act more aggressively on rewriting the rules as a legacy of his 29-year Senate career. Dodd will remain chairman this year. “If he’s not in the middle of an intense campaign, Dodd will have more opportunity to focus on regulatory reform legislation,” said Floyd Stoner , a lobbyist for the American Bankers Association , a Washington-based trade group representing interests of U.S. banks as Congress writes rules. The 65-year-old Dodd announced today he won’t seek re- election, saying that in the past year he found himself “in the toughest political shape of my career.” Dodd was faulted in 2007 for neglecting his duties as committee chairman while seeking the Democratic presidential nomination during the collapse of the subprime-mortgage market. Dodd, who became chairman in 2007, is crafting financial rules legislation with the committee’s top Republican, Senator Richard Shelby of Alabama. The House of Representatives last month passed its version of the legislation, which President Barack Obama last year set as a top priority. “Dodd has said all along that he views getting financial regulatory reform done as a legacy issue,” said Mark Schuermann, senior vice president for government relations at the Financial Services Forum , a Washington-based trade group made up of the chiefs of the largest financial firms. Dodd Draft Rejected Dodd’s November draft legislation to create a Consumer Financial Protection Agency, a single bank regulator and an agency to monitor systemic risk ran into Republican opposition. Shelby objected to a stand-alone consumer agency and Republican Bob Corker of Tennessee said the bill wasn’t “amendable.” Dodd has asked four teams of committee members to craft a new proposal to resolve Republican concerns. Still, the decision to step down later this year may weaken Dodd as he seeks concessions. The retirement “may embolden the Republicans to try to stall reform, wait Dodd out and hope for a more Republican- friendly Senate after the election where they would have a stronger negotiating position,” said Camden Fine , president of the Independent Community Bankers of America. Peter Wallison , a fellow specializing in financial policy at the Washington-based American Enterprise Institute, said Dodd’s decision could slow or terminate overhaul efforts. “It would substantially reduce the prospects for compromise legislation,” Wallison said in a telephone interview. “Dodd as a lame duck has substantially less power to get compromises done.” Dodd’s decision won’t thwart efforts to pass legislation overhauling the rules because Obama and Democratic leaders are pushing to complete the process. “I don’t think this will derail financial regulatory reform,” Schuermann said. “This is a top priority for President Obama. It is a top priority for Democratic leadership.” To contact the reporter on this story: Alison Vekshin in Washington at avekshin@bloomberg.net .

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`Texas Boy’ Investor Can’t Resist $150,000 Taste of New Argentine Winery

January 4, 2010

By Ryan Flinn Dec. 31 (Bloomberg) — Michael Brochu , chief executive officer of Global Market Insite Inc. , is always looking for new investments. So when a friend called with an opportunity, Brochu was ready to listen. “He said, ‘How about a vineyard in Argentina?’” recalled Brochu, whose company conducts online surveys for market- research firms. “Of course, I hung up the phone.” Brochu, a self-described “Texas boy” with about 700 bottles of wine in his Seattle home, eventually came around to the idea of being a part-time winery owner. Now the 56-year-old financier, who has sold three companies with a total value of about $1 billion, is waiting to taste the fruit of his latest investment. “Never in my wildest dreams would I have thought about owning a vineyard,” he said. Brochu’s vineyard is part of a venture called The Vines of Mendoza in Argentina’s Uco Valley. An investment of $150,000 gets you three acres to plant your choice of wine grapes. You also get as much or as little help as you want from a team of local experts, including veteran winemaker Santiago Achaval of Achaval-Ferrer in Mendoza. So far the enterprise has 65 investors, said Mike Evans, the company’s founder and CEO. Malbec Grape Evans, 44, was executive director of the Cellular Telecommunications Industry Association Foundation and chief operating officer of Rock the Vote before joining John Kerry’s 2004 presidential campaign. He and business partner Pablo Gimenez Riili started raising funds for the project in 2005 and completed the purchase of a 920-acre property the following year. Investors can choose from 20 varietals, although more than half the acres have been dedicated to malbec, Argentina’s signature grape, which is used to make lush, dark red wines. About 80 percent of the members are “hobbyists,” Evans said, while the rest are looking to sell their wine commercially after bottling. Argentina has become a darling of wine critics and drinkers because of the outstanding quality of its wines and their affordable prices. (There are great values in the $20 range.) Exports to the U.S. increased 29 percent in value to $140.5 million over the first nine months of the year, according to Wines of Argentina , which represents more than 170 wineries that account for 95 percent of the country’s wine exports. Grapefruit, Apple While malbecs have received much of the attention and praise, a bigger star may be the white Argentine wines made from the torrontes grape, which produces wines with amazing aromatics and crisp acidity. During a Wines of Argentina tasting in San Francisco in October, I sampled bottles from dozens of producers and was most impressed with the range of styles made from torrontes. Among the scents were white lilies, honeysuckle, mint and tangerine. The flavors included citrus, grapefruit and green apple, while the styles ranged from bone dry to candy sweet. Paul Leary , president of Napa Valley-based Blackbird Vineyards , was one of the first 10 investors in Vines of Mendoza. He said the country’s cheap exchange rate — 3.80 Argentine pesos are worth $1 — allows producers to spend more to make “world-class wine.” ‘Sex Appeal’ While Blackbird charges $90 a bottle for three of its Napa Valley merlot-based blends, the company’s Argentine-produced malbecs will cost about $20 and a torrontes will sell for about $14 when they’re released in 2010, Leary said. “That is where the market is — not in high double-digits or triple-digits,” he said. The desire to own part of a vineyard is spurring more businesses like The Vines of Mendoza, said Sherman Potvin, chief executive officer and founder of Luxury Fractional Guide , an online site for people interested in partial ownership of high-end properties or businesses. Potvin said oenophile investors can choose from vineyards in Italy, France, Germany and California, as well as Argentina. “It has a lot of sex appeal,” he said of owning a stake in a winery. “It’s very romantic.” To contact the reporter on this story: Ryan Flinn in San Francisco at rflinn@bloomberg.net .

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Japan Air Jumps by Record as Credit Line Doubles, Reducing Bankruptcy Risk

January 3, 2010

By Makiko Kitamura Jan. 4 (Bloomberg) — Japan Airlines Corp. , Asia’s biggest carrier, had a record jump in Tokyo trading after the government said the state-run Development Bank of Japan will double a credit line to the airline. The company climbed as much as 39 percent, the most in more than seven years, and was up 30 percent at 87 yen as of 9:26 a.m. JAL tumbled 24 percent on Dec. 30, the last trading day before today. The DBJ will add 100 billion yen ($1.08 billion) of credit to an earlier agreed upon 100 billion yen loan, the office of Vice Prime Minister Naoto Kan said in statement yesterday. The carrier is seeking new investors and support from a state- affiliated fund for a turnaround plan after three losses in four years on plunging international travel. “Anxiety about Japan Air has eased since the agreement to extend the credit line limit,” said Hiroichi Nishi , an equities manager at Nikko Cordial Securities Inc. in Tokyo. The Tokyo-based company reported a net loss of 63.2 billion yen in the fiscal year ended March 31 as international travel slumped amid a global recession. The carrier is seeking funds from state-affiliated Enterprise Turnaround Initiative Corporation of Japan. To contact the reporter on this story: Makiko Kitamura in Tokyo at mkitamura1@bloomberg.net .

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Chinese Industrial Company Profits Surge as Stimulus Boosts Construction

December 27, 2009

By Bloomberg News Dec. 28 (Bloomberg) — Chinese industrial companies’ profits rose for the first time in a year, cementing the recovery in the world’s third-largest economy. Net income grew 7.8 percent in the January to November period to 2.59 trillion yuan ($379 billion) from a year earlier, the statistics bureau said today. Profits dropped 10.6 percent in the first eight months of the year. Stimulus spending and a record $1.3 trillion of new loans in the first 11 months of 2009 helped to drive up demand, boosting earnings at companies from China Resources Enterprise Ltd. to Beijing Automotive Industry Holding Co. Premier Wen Jiabao said yesterday that the government was wary of derailing the recovery by withdrawing stimulus measures too early. “Companies’ profits will continue to improve as China’s recovery gains momentum,” said Lu Ting , an economist at Bank of America-Merrill Lynch in Hong Kong. “Industrial companies are enjoying better price margins and expanding domestic demand.” China’s economy is leading the recovery in Asia, where Japan reported today its biggest gain in output in six months. Chinese industrial companies’ sales through November rose 7.1 percent to 47.5 trillion yuan. The data, released every three months, is for businesses with annual sales of more than 5 million yuan in 39 industries, including steel, chemicals, electricity, telecommunications and mining. PetroChina’s Expansion A fuel pricing system introduced last year guarantees a profit margin for state oil refiners and has encouraged China Petroleum & Chemical Corp. and PetroChina Co. to expand capacity to meet rising demand. Manufacturers reporting higher earnings include China Resources , the Chinese partner of SABMiller Plc, and Beijing Auto, which is buying technology from General Motors Co.’s Saab unit to speed the development of own-brand models to meet growing domestic demand. China’s industrial production grew in November at the fastest pace since March 2008 as property sales climbed and government subsidies supported consumer spending. Gross domestic product will expand 8.5 percent this year and 9.4 percent in 2009, according to a Bloomberg News survey of economists. On Dec. 25, the statistics bureau said the economy grew 9.6 percent last year, more than the 9 percent initially reported. That narrowed the gap with Japan, the world’s second-biggest economy. China may become No. 2 next year, according to International Monetary Fund projections. — Li Yanping , Sophie Leung. Editors: Paul Panckhurst , To contact Bloomberg News staff for this story: Li Yanping in Beijing at +86-10-6649-7568 or yli16@bloomberg.net

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Aaron Glantz: Black Businesses Shorted on Stimulus Contracts

December 23, 2009

This article originally appeared on the website of New America Media . Since President Barack Obama signed his stimulus package into law in February, the U.S. Department of Transportation has handed out more than $150 million in contracts to companies for street, highway and bridge construction. New statistics released this week by the Transportation Equity Network (TEN) show that from that pot of money not a single dollar had been allocated to any African-American owned business. “Stunning,” is how TEN’s media director Stephen Boykewich described his organizations’ findings. “What we’re seeing all over the country is that in spite of stated language in the stimulus bill that this was supposed to go to disadvantaged communities hit hardest by the recession, those communities are having incredible difficulty gaining access to those funds.” TEN, a 22-state network of more than 300 community organizations fighting for an equity-based national transportation system, crunched numbers publicly available on-line at the Web site of the government’s federal Procurement Data System (www.fpds.gov) in making their findings. The federal Department of Transportation had so far given out $163.8 million in direct contracts, they found, and of that only $16.8 million, or about 10 percent, had gone to all minority-owned businesses; $4.7 million, or about 3 percent, had gone Hispanic-owned businesses. Not a single black-owned firm had received a contract from the DOT. In Washington, a DOT spokesman refused to comment for attribution for this story and wasn’t able to offer an explanation of the statistics assembled by the Transportation Equity Network. He added that the DOT’s Disadvantaged Business Enterprise (DBE) program doubled in size over the last year. and he forwarded a press release stating the agency “has participated in many national events” and organized “workshops, presentations, and DBE Days” to increase the amount of minority contracting. Transportation Secretary Roy LaHood also sent a letter to every governor in the country December 7 urging them to “take advantage of existing equal opportunity programs and resources and to create innovative strategies to provide opportunities for the under-represented” with transportation infrastructure dollars they administer under the $787 billion American Recovery and Reinvestment Act. Richard Copeland, the African-American owner of Thorn Construction in Minneapolis, says those efforts haven’t been successful because LaHood is only offering suggestions and not enforcement. “You’ve got to put teeth in it and be willing to withhold the stimulus money if it’s not being enforced,” he said. “Unless you mandate and enforce it, it’s not going to work. “It’s asking for voluntary participation and voluntary cooperation, and power is not conceded using those types of methods,” he said. “You’ve got to mandate that money goes into communities of color and then follow up. Copeland, who is the immediate past president of the Minority Contractors Association in Washington, DC, said the small number of minority firms receiving stimulus contracts is a partial cause of the Depression-like unemployment levels that now plague the African-American and Latino communities. In November, the Labor Department reported the seasonally adjusted unemployment rate of 15.6 percent for blacks and 12.7 for Hispanics. It is 9.3 percent for whites. “We know that 60 percent of the employees of minority firms are people of color,” Copeland said, “so if none of us get contracts, people in our communities won’t get jobs.” The Transportation Equity Network believes the best way to solve this problem is to create a 30 percent set-aside of work hours for disadvantaged workers as part of any new jobs bill that passes the House in the coming month, as well as stronger accountability and transparency in tracking the use of all federal funds for economic stimulus and job creation. In the meantime, the Boykewich, pointed to Missouri as a state where significant progress is being made. Missouri’s Department of Transportation recently agreed that low-income construction apprentices would make up 30 percent of the work force on a $500 million highway project that was just completed. Working with trade unions and community groups, the department also agreed to use $2.5 million of the project’s federal funding to train low-income residents in construction work. “And the best part was the project came in on time and under budget,” Boykewich said. Boykewich said he’s cautiously optimistic after seeing LaHood’s letter’s to the governors. The Obama administration is moving in the right direction, he said, even if communities of color have yet to see any results. Aaron Glantz is NAM’s Stimulus Editor

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Dollar Gains on Fed’s Economic Outlook as Asia Stocks, Futures, Euro Drop

December 17, 2009

By Yoshiaki Nohara and Katrina Nicholas Dec. 17 (Bloomberg) — The dollar strengthened, climbing to a three-month high against the euro after the Federal Reserve said the U.S. economy is improving. Asian stocks and U.S. index futures declined on expectations that central banks will begin to raise interest rates next year. The U.S. currency gained against 15 out of 16 of its most- traded counterparts, advancing 0.9 percent against the euro and 0.4 percent versus the yen as of 3:45 p.m. in Tokyo. The euro fell against most currencies after Standard & Poor’s cut Greece’s credit rating. The MSCI Asia Pacific Index dropped 0.9 percent while futures on the Standard & Poor’s 500 Index lost 0.4 percent. The MSCI World Index fell 0.6 percent to 1,159.20. While repeating its pledge to keep interest rates “exceptionally low” for an extended period, policy makers said employment and consumer spending trends show the economy is strengthening. The Fed also said that most of its special liquidity facilities will expire on Feb. 1, 2010, raising expectations that the central bank will increase the target rate for overnight loans between banks from zero to 0.25 percent. “The Fed’s statement indicated jobs data won’t get worse from now on, providing some level of confidence for the U.S. dollar,” said Susumu Kato , chief economist at Calyon Securities in Tokyo. “With these downgrades in Europe coming out, emerging markets are more susceptible than developed ones to risk factors,” reflecting a drop in Asian stocks. The dollar climbed to as high as $1.4536 against the euro, the strongest since Sept. 8, and to 90.26 yen after the Fed meeting. Euro Weakens Europe’s single currency weakened for a third day after S&P joined Fitch Ratings in downgrading Greece, which has the widest budget deficit in the European Union. S&P lowered the ranking by one level to BBB+ from A-, matching Fitch’s cut on Dec. 8. Greek Prime Minister George Papandreou pledged two days ago to provide “radical” measures to fix the budget. Financial stocks led Asian shares lower. Westpac Banking Corp. dropped 1 percent in Sydney and China Overseas Land & Investment Ltd. lost 2 percent in Hong Kong. China’s stocks fell for a third day, the longest losing streak since September, on concern a flood of new share sales will divert funds from existing equities and faster global economic growth will spur interest-rate increases. The Shanghai Composite Index fell 63.61, or 2 percent, to 3,191.60. The gauge has jumped 75 percent this year on higher government spending and a credit boom. ‘Sharp Corrections’ The Hang Seng Index fell 0.9 percent after the Hong Kong Monetary Authority cited the risk of “sharp corrections” in asset prices following this year’s 49 percent rally. An outflow of funds may bring “volatilities in the real economy,” the central bank said in a report today. Esprit Holdings Ltd. dived 5 percent to HKD$47.40. Hong Kong’s biggest publicly-traded clothier agreed to pay HK$3.88 billion to buy the shares it doesn’t already own in a textile venture with China Resources Enterprise Ltd. South Korean banks fell for a second day after the financial regulator said yesterday it will limit loan-to-deposit ratios to curb excessive lending. KB Financial Group Inc. declined 2.3 percent, while Korea Exchange Bank lost 2.4 percent. The Kospi index dropped 1 percent. The won fell 1.1 percent to 1,177.85 in Seoul, according to data compiled by Bloomberg. Overseas investors sold $40.7 million more Korean shares than they bought yesterday. They’ve pumped almost $24 billion into local equities this year, contributing to a 7.6 percent advance in the won. Treasuries Climb Treasuries rose, pushing 10-year notes to their biggest gain in more than a week. Ten-year note yields fell two basis points to 3.58 percent, according to data compiled by Bloomberg. The 3.375 percent security due in November 2019 rose 1/8, or $1.25 per $1,000 face amount, to 98 9/32. Asia is leading the world’s emergence from its deepest recession since the 1930s after governments boosted spending, cut taxes and slashed interest rates. China, South Korea, Taiwan, Hong Kong and 10 Southeast Asia economies may expand 6.8 percent in 2010 from 4.2 percent this year as the global recovery spurs demand for the region’s goods, the Asian Development Bank said on Dec. 15. Markit Group Ltd.’s iTraxx indexes of Asia-Pacific credit- default swaps fell, signaling declining concern about the ability of companies and governments to pay their bonds and loans. The London-based data provider’s risk benchmarks for Asia, Japan and Australia debt last fell together on Dec. 14, according to CMA DataVision prices in New York. That’s when Dubai said it got $10 billion in aid from Abu Dhabi to help state-owned Dubai World meet obligations. U.S. Stock Futures Futures on the Standard & Poor’s 500 Index fell 0.4 percent. In New York yesterday, the gauge added 0.1 percent. “Deterioration in the labor market is abating,” the Federal Open Market Committee said after meeting in Washington. “Household spending appears to be expanding at a moderate rate, though it remains constrained by a weak labor market, modest income growth, lower housing wealth, and tight credit.” Gold for immediate delivery reversed gains, dropping as much as 0.7 percent to $1,129.68 an ounce as the dollar strengthened to a three-month high against the euro. The metal traded at $1,131.10 in Asia. Earlier it climbed as much as 0.4 percent. Copper for delivery in three months on the London Metal Exchange tumbled as much as 1 percent to $6,970.25 a metric ton before trading at $6,985. Oil fell in New York as the dollar strengthened against the euro, paring gains made yesterday after a government report showed a decline in fuel supplies in the U.S. Crude oil for January delivery declined as much as 50 cents, or 0.7 percent, to $72.16 a barrel in electronic trading on the New York Mercantile Exchange. It was at $72.28 a barrel in Asia. To contact the reporters on this story:

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Leslie Pratch, Ph.D.: Financial Regulatory Reform’s Impact on Private Equity

December 13, 2009

In June, 2009, the Obama administration proposed a comprehensive restructuring of the federal government’s supervision and regulation of the financial industry. Timothy Geithner announced several proposals that, if adopted, would affect not only public companies but also private equity funds, venture capital funds, and funds of funds. The proposals are included in a white paper entitled “Financial Regulatory Reform: A New Foundation: Rebuilding Financial Supervision and Regulation.” The white paper sets forth a number of specific proposals intended to achieve five key objectives: 1. Promote robust supervision and regulation of financial firms; 2. Establish comprehensive supervision of financial markets; 3. Protect consumers and investors from financial abuse; 4. Provide the government with the tools it needs to manage financial crises; and 5. Raise international regulatory standards and improve international cooperation. Without acknowledging the distinction between hedge funds and other private investment pools, such as private equity funds and venture capital funds, the white paper proposes that “all advisers to hedge funds (and other private pools of capital, including private equity funds and venture capital funds) whose assets under management exceed some modest threshold should be required to register with the Securities Exchange Commission (“SEC”) under the Investment Advisers Act.” Requiring registration of fund managers, the white paper argues, will allow the SEC to collect data that would permit an informed assessment of whether such funds have become too large, leveraged, or interconnected to be allowed to function unregulated for financial stability purposes. The white paper also proposes that any investment fund advised by an SEC-registered adviser (which, under the administration’s proposal, would include most private equity funds and venture capital funds) be subject to: 1. Recordkeeping requirements; 2. Requirements with respect to disclosures to investors, creditors, and counterparties; and 3. Regulatory reporting requirements. Although some of the reporting requirements may vary depending on the type of investment fund, the white paper asserts that all funds should be required to report to the SEC, on a confidential basis, (a) the amount of assets under management, (b) borrowings, (c) off-balance sheet exposures, and (d) other information necessary to assess whether the fund or fund family is so large, highly leveraged, or interconnected that it poses a threat to financial stability. The white paper also proposes that the SEC should share the reports it receives from funds with the Federal Reserve, which would have the authority to designate a fund or a family of funds as a “Tier 1 Financial Holding Company” (i.e., a firm whose combination of size, leverage, and interconnectedness could pose a threat to financial stability were it to fail) and to subject such fund or family of funds to robust supervision and regulation. Under the proposal, funds would be subject to regular, periodic regulatory examinations by the SEC to monitor their compliance with the reporting and recordkeeping requirements. The white paper also proposes that federal regulators should establish standards on compensation for “financial firms” that will be fully integrated into the supervisory process in order to align compensation incentives better with the interests of investors and the need to ensure safety and soundness in the financial sector Although the proposals with respect to compensation appear to be directed primarily at the executives of banks and investment banks, the broad sweep of the term “financial firms” suggests that compensation standards may extend to hedge fund managers and the general partners of private equity funds, venture capital funds, and other private investment pools. Although broad in scope, the proposal contains few specifics about implementation. Implementation will require comprehensive legislation and the subsequent adoption of a broad range of regulations by the Federal Reserve, the SEC, and other financial regulatory agencies. The white paper’s proposals with respect to hedge funds, private equity funds, venture capital funds, and other private investment funds are generally consistent with legislation introduced in Congress earlier this year. Representative Barney Frank, chair of the House Financial Services Committee, has announced he plans to bring comprehensive financial services reform legislation to a vote in the House of Representatives before the end of 2009. The administration’s white paper will undoubtedly influence the legislation that emerges from Frank’s committee and will likely impose registration, reporting, and recordkeeping obligations on private equity funds, venture capital funds, and funds of funds and their general partners consistent with those recommended in the white paper. Section 404 of the SOX Act has been extended for smaller companies-including small private equity firms. This section deals with internal control over financial reporting. The auditor has to generate a report on internal control. So far, the SEC has allowed a “management’s report” on internal control as a substitute. This report is the most expensive part of compliance. Since SOX, not only have we seen a scarcity of initial public offerings, compliance costs have escalated, and it is doubtful that fraud has been reduced. The country is also in a recession, and SOX, whatever one thinks of it, increases costs and slows down activity at public companies. Were it to vanish instantly, we probably would see a corresponding stimulus to all companies who no longer have to comply. On the other hand, Congress is in the mood for increased regulation with a President who claims to want to crack down on business abuses. Public opinion is probably in favor of keeping as much regulation as possible and protecting the small investor and business owners. The purpose of SOX was to increase regulation of boards and management of publicly owned companies and the accounting firms that audit such companies. The act is also known as the Public Company Accounting Reform and Investor Protection Act, and created the Public Company Accounting Oversight Board (“PCAOB”).This act relates only to publicly-owned companies. It is attached as unconstitutional because its members are not appointed by the President. The Petitioners in the case, The Free Enterprise Fund raises two constitutional questions: (1) whether the provisions of SOX creating PCAOB violate the Constitution’s separation of powers; and (2) whether it violates the Appointments Clause. SOX has not done as much as was hoped. But it seems that SOX cannot be modified. PCAOB is a private-sector, nonprofit corporation, created to oversee the auditors of publicly-traded companies. It came into being in the wake of the accounting scandals at Enron, Wolrdcom, Adelphia, and other companies, which led to the passage of SOX. Under SOX, PCAOB has regulatory and enforcement authority over all accounting firms that audit public-traded companies. The five PCAOB members are appointed by a majority vote of the five Commissioners of the SEC. If the Supreme Court rules in favor of the Petitioners in finding that PCAOB is unconstitutional, the ruling could mean the end of PCAOB. It could also means the end of SOX because SOX lacks a provision for severability. That means it cannot be hacked into pieces. It is either whole or it does not exist. Such a ruling would be a triumph for those who believe that in enacting the PCAOB-provision of SOX, Congress overstepped its authority by purportedly removing the President’s power and authority over PCAOB. If the Respondents prevail, PCAOB and SOX will remain intact. Either way, the ruling could have a significant impact on both administrative and securities law. But much depends on how the case is argued and the justices who hear it. Sonia Sotomayor is new to the Supreme Court and we do not know how she will vote.This legislation is one threat facing private equity funds and I have no idea what will happen on the legal front. If private equity firms are required to register with the SEC, which the current administration seems to favor, what will be the ramifications? First: The smaller the firm, the larger will be the cost of compliance. Other than disclosure of financial information, we do not know what else this registration would imply. If a fund has benefit fund investors, there are restrictions. The problem is less the disclosure per se than the restrictions on what the fund is allowed to do. SEC registration merely means that the firm has to make information public. What is made public is what a firm has done; it does do not have to make its plans public. It may require that a firm make public the earnings of the top earners. Let’s stay tuned to the news!

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FDIC Shuts Down 3 More Banks; 2009 Total Rises To 133

December 11, 2009

CHARLOTTE, N.C. — Regulators on Friday shut down banks in Florida, Arizona and Kansas, bringing to 133 the number of U.S. banks that have failed to hold up this year against the struggling economy and a cascade of loan defaults. The Federal Deposit Insurance Corp. took over Miami-based Republic Federal Bank, with $433 million in assets and $352.7 million in deposits. A bank based in Boca Raton, Fla., 1st United Bank, agreed to assume all the deposits and $267.1 million of the assets of the failed bank. The FDIC will retain the rest for eventual sale. In addition, the FDIC and 1st United Bank agreed to share losses on $210.4 million of Republic Federal’s loans and other assets. The FDIC also took over Valley Capital Bank, based in Mesa, Ariz., with $40.3 million in assets and $41.3 million in deposits; and SolutionsBank in Overland Park, Kans., with $511.1 million in assets and $421.3 million in deposits. Enterprise Bank & Trust, based in Clayton, Mo., agreed to assume the assets and deposits of Valley Capital, while Arvest Bank, based in Fayetteville, Ark., is buying the assets and deposits of SolutionsBank. The FDIC also agreed with Enterprise Bank to share losses on $29.8 million of Valley Capital’s assets, and agreed with Arvest Bank to share losses on $411.3 million of SolutionsBank’s assets. The FDIC estimates the failure of Republic Federal will cost the deposit insurance fund $122.6 million; the failure of Valley Capital an estimated $7.4 million; and the failure of SolutionsBank an estimated $122.1 million. The shutdown of Republic Federal brought to 13 the number of bank failures in Florida so far this year. Failures also have been concentrated in California, Georgia and Illinois. Last week saw the failure of Ohio’s AmTrust Bank, the fourth-largest bank to fail this year, with about $12 billion in assets and $8 billion in deposits. The Cleveland-based bank’s failure is expected to cost the federal deposit insurance fund an estimated $2 billion. As the economy has soured, with unemployment rising, home prices tumbling and loan defaults soaring, bank failures have accelerated and sapped billions out of the federal deposit insurance fund. It has fallen into the red. The 133 bank failures are the most in a year since 1992 at the height of the savings-and-loan crisis. They have cost the federal deposit insurance fund more than $28 billion so far this year. They compare with 25 last year and three in 2007. The FDIC expects the cost of bank failures to grow to about $100 billion over the next four years. Depositors’ money – insured up to $250,000 per account – is not at risk, with the FDIC backed by the government. Banks have been especially hurt by failed real estate loans, both residential and commercial. Banks that had lent to seemingly solid businesses are suffering losses as buildings sit vacant. As development projects collapse, builders are defaulting on their loans. If the economic recovery falters, defaults on the high-risk loans could spike. Many regional banks hold large concentrations of these loans. Nearly $500 billion in commercial real estate loans are expected to come due annually over the next few years. This week, the Obama administration extended until next October the $700 billion financial bailout program, saying the fund was still needed to prevent further turmoil in the banking system. Treasury Secretary Timothy Geithner said extending the rescue program also will help homeowners struggling to avoid losing homes to foreclosure and small businesses having trouble getting loans. Hundreds of banks, including major Wall Street institutions, received taxpayer support through the politically unpopular rescue called the Troubled Asset Relief Program, or TARP. It had been due to expire at year’s end. Congress enacted the program in October 2008, at the height of the financial crisis with markets in free fall. The government said this week, however, that banks are paying back the emergency loans faster than expected. That, plus interest and other returns, will mean the program will cost $200 billion less than expected. Bank of America Corp., the second-largest U.S. bank, announced this week that it had repaid the entire $45 billion it owed, plus interest. The repayment frees the bank from the government restrictions that have hampered its search for a new chief executive, including executive pay limitations. ___ Gordon reported from Washington.

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SEC Said to Consider CFA Institute’s Schacht to Lead Audit Watchdog Board

December 1, 2009

By Jesse Westbrook and Ian Katz Dec. 1 (Bloomberg) — The U.S. Securities and Exchange Commission is poised to name a chairman for the Public Company Accounting Oversight Board as the auditor watchdog prepares to fight for its survival at the Supreme Court. SEC Chairman Mary Schapiro is considering Kurt Schacht , a managing director of the Charlottesville, Virginia-based CFA Institute, to lead the board, according to two people familiar with the deliberations. An appointment may be made this month, said one of the people, who declined to be identified because the deliberations are private. The U.S. Supreme Court is scheduled to hear arguments next week in a case challenging the board’s constitutionality. The five-member regulator has lacked a permanent chairman since July and Schapiro needs to fill two additional vacancies, raising questions about whether legal uncertainty is hurting recruitment, said Charles Mulford , an accounting professor at the Georgia Institute of Technology in Atlanta. “Why go to work somewhere and gear up for something that may in fact evaporate?” Mulford said. “The stronger candidates may be hesitant to look at it.” SEC spokesman John Nester said “the selection process is still under way and no decisions have been made.” Schacht declined to comment yesterday when reached by telephone. Schacht, 55, joined the CFA Institute in 2004 after working as general counsel of Wyser-Pratte Management Co., a New York- based investment firm. He had been general counsel of the State of Wisconsin Investment Board, which oversees pension funds for public employees. The CFA Institute, a not-for-profit group, administers the Chartered Financial Analyst test taken by many Wall Street job applicants in search of a hiring edge. Olson, McDonough Mark Olson , a former Federal Reserve governor, and William McDonough , a former president of the Federal Reserve Bank of New York, were the first PCAOB chairmen. They were named after accounting frauds at Enron Corp. and WorldCom Inc. shattered investor confidence and led Congress to pass the Sarbanes-Oxley Act. Schapiro is also considering Helen Munter, Linda Griggs or John Sturc as candidates to replace Charles Niemeier and Willis Gradison , according to the people. Niemeier’s term expired in October 2008 and Gradison’s ended this year, and both men remain on the board. Munter, a certified public accountant who worked for Deloitte & Touche LLP, is a deputy director in the PCAOB unit that inspects audit firms. Griggs, a partner at Morgan Lewis & Bockius LLP in Washington, was the top lawyer in the SEC’s office of the chief accountant. Sturc, a partner at Gibson Dunn & Crutcher LLP in Washington, is a former SEC enforcement lawyer. Munter declined to comment. Griggs and Sturc didn’t return phone calls seeking comment. PCAOB Salaries Salaries for PCAOB members exceed the pay for most public officials to make the jobs competitive with the private sector. The chairman is paid $672,676 a year and board members get $546,891. President Barack Obama makes $400,000, members of Congress are paid $174,000 and Schapiro receives $162,900. Congress created the auditor board as part of the 2002 Sarbanes-Oxley legislation. The regulator, which replaced self- policing of the audit industry, has inspected hundreds of accounting firms and imposed fines. The Supreme Court in May agreed to consider a lawsuit challenging the PCAOB filed by Beckstead and Watts LLP, a Henderson, Nevada-based accounting firm, and the Free Enterprise Fund, which advocates smaller government. The suit said the body is unconstitutional because its members are appointed by the SEC, not the U.S. president. A ruling against the board may require lawmakers to approve new legislation asserting the board’s existence. “I don’t have any doubt that Congress will act if necessary,” said Harvey Goldschmid , a former SEC commissioner and now a law professor at Columbia University in New York. To contact the reporters on this story: Jesse Westbrook in Washington at jwestbrook1@bloomberg.net ; Ian Katz in Washington at ikatz2@bloomberg.net .

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Fed Makes Monitoring Capital Adequacy Foremost Concern Amid Talk of Bubble

November 20, 2009

By Craig Torres and Michael McKee Nov. 20 (Bloomberg) — Federal Reserve officials are stepping up scrutiny of the biggest U.S. banks to ensure the lenders can withstand a reversal of soaring global-asset prices, according to people with knowledge of the matter. Supervisors are examining whether banks such as JPMorgan Chase & Co. , Morgan Stanley and Goldman Sachs Group Inc . have enough capital for the risks they take, how much they know about the strength of their counterparties and whether risk managers have authority to influence bank practices and policies. Lawmakers led by Senator Christopher Dodd have criticized the Fed for failing to prevent a decline in lending standards that contributed to the credit crisis. The central bank’s monitoring takes on renewed urgency as Chairman Ben S. Bernanke’s pledge to keep the benchmark interest rate near zero for “an extended period” is helping to fuel a surge in assets. The MSCI AC World stock index is up 71 percent since hitting a recession low on March 9. Gold reached an all- time high of $1,145.50 an ounce Nov. 18. The policy is raising the “systemic risk” of new asset bubbles, Bill Gross , who runs the world’s largest bond fund at Pacific Investment Management Co., said in a note posted on the Newport Beach, California-based company’s Web site yesterday. Finance officials in Asia say a bubble fueled by the Fed’s low rates has already arrived. More taxpayer-funded bailouts following the rescues of insurer American International Group Inc. and Citigroup Inc. , the third-largest U.S. bank by assets, would stoke public anger against the Fed as Congress debates whether to reduce its powers and independence. Andrew Stern , president of the Service Employees International Union, led a protest rally of 150 people outside of Goldman Sachs’ Washington office Nov. 16. ‘Massive’ Pressure “The Fed staff has to be under a massive amount of pressure,” said Vincent Reinhart , a former director of the Fed’s Division of Monetary Affairs and now a resident scholar at the American Enterprise Institute in Washington. “They must have a sense of zero tolerance for failure.” Banks might not like “leverage ratios or capital requirements, but they can be effective and protect against the really bad behavior,” he said. Such controls are critical to economic recovery because they can help ensure that large banks aren’t hurt by swings in the capital markets. Banks are still clamping down on credit to consumers and businesses, even though gross domestic product expanded at a 3.5 percent annual pace in the third quarter after a yearlong contraction. Falling Loans Total loan originations in September at Bank of America Corp. , the largest U.S. bank by assets, fell 6 percent to $53.6 billon from a month earlier, according to a Treasury Department report this week. The cause of the decline was “decreased demand for loans in the weak economy as companies and individuals look to reduce debt,” said Scott Silvestri , a spokesman for the Charlotte, North Carolina-based company. New loans at Wells Fargo & Co. , the nation’s fourth-biggest lender by assets, dropped 14 percent to $47.4 billion. Mary Eshet , a spokeswoman for the San Francisco bank, didn’t immediately respond to calls for comment. Taxpayers shored up the financial system with the $700 billion Troubled Asset Relief Program. Another round of bailouts would likely stir up more congressional ire. “My constituents, they’re not just anxious, they are mad,” Representative Michael Burgess , a Republican from Ft. Worth, Texas, told Treasury Secretary Timothy Geithner at a hearing of the Joint Economic Committee yesterday. Capital Injections Under the TARP’s capital-purchase program, the Treasury injected about $205 billion into more than 600 financial institutions of all sizes as of Nov. 13, according to department figures. John Mack , chief executive officer of Morgan Stanley, said banks’ behavior justified a Fed crackdown. “We cannot control ourselves,” he said yesterday at a panel discussion hosted by Bloomberg News and Vanity Fair at Bloomberg LP’S headquarters in New York. “You have to step in and control the Street.” The Fed is already under pressure from Dodd, chairman of the Senate Banking Committee, who proposed legislation Nov. 10 to strip the central bank of its supervisory authority. The Connecticut Democrat’s move strikes at the core of efforts by Bernanke, 55, and Governor Daniel Tarullo , 57, to overhaul Fed supervision and increase monitoring of risks to the financial system. Tarullo, President Barack Obama’s first appointee to the central bank, is making greater use of so-called horizontal reviews that compare several banks’ exposures and practices. Running Scenarios He is also drawing more on the Fed’s staff of 220 Ph.D. economists to help identify risks. The Fed is now more likely to pull in the economists to run scenarios on what would happen to bank profits if global markets plunged, especially if the central bank’s exams turn up concentrations of risk throughout the financial system. The Fed is also studying how well banks match funding with the maturity of their assets and how the lenders’ risk managers interact with their trading and loan operations, according to the people familiar with the program. Fed spokeswoman Barbara Hagenbaugh declined to comment. The close attention to banks’ capital adequacy started in July when the Fed began applying some of the lessons it learned from stress tests conducted in May. Those tests showed how the 19 largest lenders would fare in a slower recovery with higher- than-forecast unemployment . Ten companies including Bank of America, Wells Fargo and Citigroup needed additional capital. Abrupt Turns Assuring that institutions are strong enough to weather an abrupt turn in asset prices “is critical,” said Deborah Bailey , deputy director of supervision at the Fed’s Board of Governors until June, when she joined Deloitte & Touche LLP in New York as a director. “The Fed is committed to try and get it right.” The central bank has been Morgan Stanley’s primary regulator since September 2008, when it became a bank-holding company to gain access to Fed funding after Lehman Brothers Holdings Inc. collapsed. “We have probably 15 to 20 Fed regulators in our building 24 hours a day,” Mack said. “They test our models. They question everything we do. I’ve never been regulated like that before. It’s a different environment. Someone said to me, ‘What do you think of it?’ I love it.” Some officials in Asia are questioning whether regulation alone is enough, suggesting the Fed’s record-low federal funds rate — the central bank’s interest-rate target for overnight loans between banks — is pushing asset prices in their region too high. Liu Mingkang , chairman of the China Banking Regulatory Commission, warned Nov. 15 of “new, real and insurmountable risks to the recovery of the global economy.” ‘Financial Turmoil’ Continuing the zero-rate policy may lead emerging economies “to overheat and experience financial turmoil,” Bank of Japan Governor Masaaki Shirakawa said in Tokyo Nov. 16. The MSCI Asia Pacific index is up 66 percent since the March 9 low, and Asian countries from Singapore to South Korea are trying to rein in surging property prices. The U.S. shouldn’t adjust monetary policy to account for rising Asian assets, Federal Reserve Bank of St. Louis President James Bullard said Nov. 18. “If there are problems in real- estate markets in Asia, it is not very practical to say you should raise interest rates in the U.S.,” he said. U.S. investors are concerned, too. They would have to be “joking or smoking — something” to think the Fed would raise rates with 15 million people out of work, Gross wrote in his note. Pimco had $940.4 billion in assets under management as of Sept. 30, according to its Web site. Safe Investments Nevertheless, yields on safe investments such as three- month Treasury bills — which hit .005 yesterday — are so low, money managers are increasing the risks they take, and “the legitimate question of the day is, ‘Is a zero-percent funds rate creating the next financial bubble, and if so, will the Fed and other central banks raise rates proactively, even in the face of double-digit unemployment?’” Gross said. Central bankers are “carefully evaluating” the situation, Bernanke told the Economic Club of New York Nov. 16. “It’s not obvious to me, in any case, that there’s any large misalignments currently in the U.S. financial system.” He said the “best approach here, if at all possible, is to use supervisory and regulatory methods to restrain undue risk- taking and to make sure the system is resilient in case an asset-price bubble bursts in the future.” The Standard & Poor’s 500 Index is trading at its highest valuation in seven years after climbing 62 percent from a 12- year low in March. The index is valued at almost 22 times the reported operating profits of its companies, more than twice its price-earnings ratio on March 6. Internet Bubble The current ratio is still well below the 30.68 P/E reached the week of March 24, 2000, near the end of the Internet bubble. And as corporate earnings continue to rise, the estimated S&P P/E ratio based on analysts’ forecasts for future earnings falls to 17.35. Profits at Wall Street banks surged in the third quarter as they risked more of their own capital. Goldman Sachs, which converted to a bank-holding company to get Fed backing during the crisis, said Oct. 15 that profit more than tripled to $3.19 billion from a year earlier on trading gains and investments with the firm’s own money. Morgan Stanley reported profit of $757 million on Oct. 21, its first in a year, as trading revenue rose to the highest level in 12 months. Earnings for JPMorgan Chase , the second- biggest U.S. bank by assets, were $3.59 billion, the highest since the 2007 collapse of the subprime-mortgage market, as investment-banking revenue helped it overcome losses on consumer loans. Too Reliant Fed officials are watching to see if financial companies may become too reliant on short-term funding the longer rates remain at record lows, according to the people familiar with the process. The central bank won’t raise its benchmark until August 2010, according to the median estimate of 45 economists surveyed by Bloomberg. Former Fed Chairman Alan Greenspan telegraphed increases in his 2004-2005 tightening cycle with a phrase in the Fed statement that said “policy accommodation can be removed at a pace that is likely to be measured.” When asked if investors should be prepared for the possibility of more-abrupt action this time, Charles Plosser , president of the Philadelphia Fed said yes. “There are states of the world and conditions that could arise where we may have to raise rates a lot faster than the last cycle,” he said in an interview. “I am not saying that will be the case. I am just saying we just have to make the markets understand that we will do that if it is required.” To contact the reporters on this story: Craig Torres in Washington at ctorres3@bloomberg.net Michael McKee in New York at mmckee@bloomberg.net

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American Airlines, TPG Said to Consider $300 Million Japan Air Investment

November 11, 2009

By Chris Cooper, Serena Saitto and Mary Schlangenstein Nov. 11 (Bloomberg) — American Airlines may team with TPG Inc., the private-equity firm founded by David Bonderman , to invest at least $300 million in alliance partner Japan Airlines Corp., a person familiar with the plan said. That sum would be competitive with a proposed investment in Japan Air by Delta Air Lines Inc. , said the person, who declined to be identified because the talks aren’t public. Delta, a member of the SkyTeam group of airlines, wants to lure money- losing Japan Air from American’s Oneworld . TPG would bring experience in working with troubled carriers, including helping return bankrupt Continental Airlines Inc. to profit in the early 1990s. American Chief Financial Officer Tom Horton disclosed TPG’s possible involvement to reporters today in Tokyo without giving any terms. “It does seem to be becoming a bidding contest,” said Peter Harbison , executive chairman at the Sydney-based Centre for Asia Pacific Aviation. “The moving target is — what are you going to end up buying?” TPG is awaiting approval from the Japanese government to take a formal role in negotiations involving Japan Air, said a second person familiar with the discussions. Japan Air, also known as JAL, is seeking government support and new investors as it heads for a fourth annual loss in the past five years. It is Asia’s largest airline by sales. Jochen Legewie , a spokesman for TPG, and Charley Wilson , a spokesman for AMR Corp.’s American, declined to comment. TPG and American are both based in Fort Worth, Texas. A person familiar with Delta’s JAL talks said in September that any investment by the Atlanta-based carrier would be at least several hundred million dollars. A spokeswoman, Betsy Talton , didn’t return a message left for comment today. Pursuing JAL American and Delta want access to the route network of Japan Air in its home country, the world’s second-largest economy, and China, Asia’s biggest air-traffic market. “We stand ready to invest in JAL,” Horton said earlier today when he confirmed the possible involvement of TPG. “It’s all dependent on the nature of a comprehensive recovery plan” for the Tokyo-based airline. Oneworld, SkyTeam and Star Alliance , the three main global airline groups, help carriers cut operating costs and allow them to expand sales networks without the difficulties or expense of a merger. Air gets as much as $500 million a year in additional revenue from its Oneworld partnerships. Investing in Airlines TPG, formerly known as Texas Pacific Group, has invested in carriers including Midwest Air Group Inc., America West Holdings Corp. , Tiger Airways Pte and Ryanair Holdings Plc, in addition to Continental. Bonderman is chairman of Dublin-based Ryanair. TPG backed a failed takeover bid for Australia’s Qantas Airways Ltd., a Oneworld member, in 2007. JAL has applied for funding from state-affiliated Enterprise Turnaround Initiative Corp. of Japan as it restructures operations. A decision won’t be made until next year. Delta Chief Executive Officer Richard Anderson said last week that the carrier is working with SkyTeam on recruiting JAL as a member. The U.S. airline has offered to reimburse JAL for sales lost during any move to the group, the Wall Street Journal said, citing an unidentified person familiar with the situation. To contact the reporters on this story: Chris Cooper in Tokyo at ccooper1@bloomberg.net ; Serena Saitto in New York at ssaitto@bloomberg.net ; Mary Schlangenstein in Dallas at maryc.s@bloomberg.net .

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Japan Air’s Fourth State Bailout to Be Decided in 2010 After Panel Review

November 9, 2009

By Chris Cooper and Kiyotaka Matsuda Nov. 10 (Bloomberg) — Japan Airlines Corp. ’s application for financing from a state-affiliated fund won’t be decided upon before next year, the lender’s president said, prolonging the carrier’s bid to avoid collapse. “Due diligence won’t be quick,” Hiroshige Nishizawa , president of Enterprise Turnaround Initiative Corp. of Japan, said in an interview in Tokyo yesterday. “We’re not going to be able to make a decision on whether to provide aid by the end of this year.” The group will also draw up a new plan for the carrier, instead of relying on one completed by a government-appointed taskforce last month, Nishizawa said. JAL is seeking state support as it heads for its fourth loss in five years on plunging international travel. The due-diligence team will be decided upon “soon,” said Nishizawa, a former head of Tokyo Tomin Bank Ltd. Enterprise Turnaround was set up last month by the government and private companies with 1.6 trillion yen ($18 billion) to help restructure companies and buy assets. JAL fell 2.8 percent to 106 yen in Tokyo trading yesterday. The stock has slumped 50 percent this year, the biggest decliner in the Nikkei 225 Stock Average. The government created a taskforce to develop a plan for JAL after the transport minister said President Haruka Nishimatsu’s proposal to cut 6,800 jobs and slash routes didn’t go far enough. The carrier , predicting a loss of 63 billion yen this fiscal year, is due to announce first-half earnings on Nov. 13. To contact the reporters on this story: Chris Cooper in Tokyo at ccooper1@bloomberg.net ; Kiyotaka Matsuda in Tokyo at kmatsuda@bloomberg.net

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Aspect Names New Executive Leadership to Drive Company’s Unified Communications Strategy

November 4, 2009

As Aspect Continues to Gain Momentum in the Contact Center and Enterprise Markets, Two New Leaders Will Contribute to Further Growth

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Real estate and construction firms excel at Enterprise 50 Awards

November 4, 2009

04 Nov 2009 At the 2009 Enterprise 50 Awards in Singapore, companies in the construction and real estate sectors performed better than they did the year before. The awards are organised by the Busi…

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Who Funds The Chamber Of Commerce? HuffPost Readers Respond

October 30, 2009

HuffPost readers responded to our request for more information about the companies and organizations which fund and support the Chamber of Commerce, which has been outspoken in its opposition to health care reform, climate change legislation and financial reform. For the following list, we chose to also include Chamber affiliates, such as the Chamber Institute for Legal Reform, the National Chamber Litigation Center, National Chamber Foundation, the Center for International Private Enterprise and the Business Civic Leadership Center. In addition, the corporate affiliations of the Chamber’s leadership and board of directors have been highlighted. The Chamber’s board of directors includes executives from the following companies and organizations: 3M 48hourprint.com (Boston, MA) A.O. Smith Corporation (Milwaukee, WI) Accenture AEGON N.V., Retired AGCO Corporation (Duluth, GA) Aircraft Owners and Pilots Association Alcoa, Inc. Alpha Technologies, Inc. American Medical Association American Water Works Company Amway Anheuser-Busch Companies Arnel & Affiliates (Costa Mesa, CA) AT&T Authentix, Inc. (Addison, TX) Awkard & Associates Buffalo Supply Inc. (Lafayette, CO) Burlington Northern Santa Fe Corporation CAIVIS Acquisition Corp. Cargill Caterpillar Inc. CNL Financial Group, Inc. COMSYS Information Technology Services (Gaithersburg, MD) Con-way Inc. ConocoPhillips Constangy, Brooks & Smith LLC (Macon, GA) Cumberland Foreside (ME) CUNA Mutual Group CVS Caremark Corporation Deere & Company Deloitte LLP DonahueFavret Contractors Holding Company (Mandeville, LA) Duke Energy Corp. Eastman Kodak Company Edward Jones Emerson Entergy Services, Inc. FACES Day Spa FedEx Express Fluor Corporation Fox Entertainment Group HARM GROUP LLC (Naples, FL) Harrah’s Entertainment, Inc. High Companies HPA Strategies Hutchison Advisors Ingram Industries (Nashville, TN) International Bancshares Corporation International Merchants, L.L.C. Human Genome Sciences, Inc. Hawk Corporation (Cleveland, OH) KCI Technologies, Inc. (Sparks, MD) Kimberly-Clark Kirby Financial, LLC (Sioux Falls, SD) Kirkland & Ellis LLP Leading Authorities, Inc. Lockheed Martin Massey Energy Company Melaleuca, Inc. (Idaho Falls, ID) Memphis Chemical & Janitorial Supply Company MI Industries Mindover Corp. (Canyon Lake, TX) Mountain Plains Equity Group, Inc. My Chef Catering (Naperville, IL) Nana Development Corporation (Anchorage, AK) National Association of Chain Drug Stores National Black Chamber of Commerce Navistar, Inc. New York Life Insurance Company Norfolk Southern Nortex Holdings, Inc. (Providence, RI) Oldcastle, Inc. (Atlanta, GA) Paper and Chemical Supply Company Peabody Energy PEPCO Holdings Inc. PERMAC Industries Pfizer Inc. Pool Corporation Quam-Nichols Company, Inc. Rolls-Royce North America RPM International, Inc. Ruan Transportation Management Systems Ryder System, Inc. Siemens Corporation Silgan Holdings (Shelburne, VT) Southern Company J.R.’s Stockyards Inn Spencer Stuart Stanwich Group LLC State Farm Insurance Companies Sunrise Senior Living, Inc. (McLean, VA) Tandy Leather Factory, Inc. (Fort Worth, TX) Telcom Ventures, L.L.C. The Carlyle Group The Charles Schwab Corporation The Coaching Group, LLC The Dow Chemical Company The Robertson Foundation Tramco, Inc. (Wichita, KS) UniGroup, Inc. (Fenton, MO) United Parcel Service US Airways VAST Solutions, LLC (Tuskegee, AL) Vulcan Materials Company (Birmingham, AL) Walker Information (Indianapolis, IN) Wegmans Food Markets, Inc. Xerox The National Chamber Foundation’s board of directors includes executives from the following companies and organizations: Adelphi Capital, LLC Affiliated Computer Services Aircraft Owners and Pilots Association America Online American Apparel & Footwear Association Anheuser-Busch Companies Appleton & Associates Associated Equipment Distributors AstraZeneca Cardinal Health System, Inc. Cisco Systems Distilled Spirits Council of the United States Domino’s Pizza, Inc. Engineering Systems Solutions (Frederick, MD) EverFi Inc. Food Market Institute Georgetown University Medical Center Harris Interactive Heritage Foundation K & Z Partners, LLC Kemp Partners KPMG LLP Landstar System, Inc. Leading Authorities, Inc. Liberty Mutual Group Lockheed Martin MacNair Travel Management, Inc. (Alexandria, VA) ManattJones Global Strategies, LLC McGuire Woods LLP McKenna Long & Aldridge LLP National Association of Broadcasters National Roofing Contractors Association New Jersey Chamber of Commerce New Media Strategies New York Private Bank & Trust Nike, Inc. Perot Systems Public Strategies Ruan Transportation Management Systems (Des Moines, IA) SAP AG (Newton Square, PA) Soluciones Estrategicas (Mexico) Spencer Stuart Stonebridge International, LLC Sunrise Senior Living, Inc Tecta America Corporation (Skokie, IL) Telcom Ventures, LLC (Alexandria, VA) The Cambridge Group (Chicago, IL) The Fairfax Group The Robertson Foundation Trailmobile Corporation (Lake Forest, IL) Tygris Commercial Finance Group Wells Fargo Bank Business Civic Leadership Center’s current and past corporate sponsors: Abbott Laboratories Accenture Aflac Incorporated Allstate Corporation Alpine Banks of Colorado ARAMARK Alcatel-Lucent Alticor AltruShare Securities, LLC. American International Group, Inc. Anheuser-Busch Companies AOL Time Warner APCO Worldwide, Inc. ArvinMeritor, Inc. AT&T Bacardi-Martini, Inc. Banco Popular North America Bank of America Baxter International Inc. Bayer Corporation BD Best Buy Co., Inc. Booz Allen Hamilton Capital One Cargill, Inc. CEMEX Mexico Chevron Corporation CHOICES Educational Fund ChoicePoint Inc. CIGNA Citi Citizens Financial Group/Citizens Charitable Foundation Community Reinvestment Fund, USA Computer Associates ConAgra Foods, Inc. ConocoPhillips Creative Associates International, Inc. Create Hope CVS/Caremark Daimler Chrysler DeHavilland Associates Deloitte & Touche, LLP DHL DirecTV Discovery Communications, Inc. Disneyland Resorts Dominion Resources, Inc. Dow Chemical Company Epstein, Becker & Green, P.C. Entergy Erickson Retirement Ernst & Young ExxonMobil Fairmount Minerals and Subsidiaries Fannie Mae FedEx Corporation FirstEnergy Florida, Power & Light Freddie Mac General Electric General Mills, Inc. General Motors Genworth Financial GlaxoSmithKline Global Business Giving Green Mountain Coffee Health Care Service Corporation Hess Corporation HSBC – North America IBM Corporation ING Foundation Intel Corporation International Paper IPA JK Group, Inc. Johnson Controls JPMorgan Chase Junior Achievement of the National Captial Area KeyBank Kimberly-Clark Corporation KPMG LLP Legg Mason Lockheed Martin Mainstream GS Manpower Marathon Oil Company Marriott International, Inc. MassMutual Financial Group McAfee McDonald’s Corporation Merck & Co., Inc. Microsoft Corporation Miller & Long Concrete Construction, Inc. Mohawk Fine Papers Monsanto Morgan Stanley Motorola Office Depot OmnicomGroup Oracle PAETEC PBS Pfizer Inc. Philip Morris USA Philip Morris Philippines Polo Ralph Lauren Progress Energy Rockwell Collins Safeway Inc. Salesforce.com SAP America Inc. SBC Communications Inc. Siemens Corporation Simon Youth Foundation Social Enterprise Alliance Solvay Pharmaceuticals Sprint Foundation Standard & Poor’s State Farm Insurance Symetra Financial Target The Boeing Company The Coca-Cola Company The Home Depot, Inc. The McGraw-Hill Companies The PNC Financial Services Group The Shell Foundation (UK) The Shell Oil Company (USA) The Washington Times Time Warner’s Cartoon Network Topics Education Toyota U.S. Chamber of Commerce U.S. Steel Kosice, s.r.o. UN-Habitat Union Pacific United Nations Foundation United Technologies Corporation Unocal UPS Verizon Communications Wal-Mart Stores, Inc. Weyerhaeuser Company Whirlpool Xerox Foundation The Center for International Private Enterprise’s board of directors includes executives from the following companies and organizations: Alticor, Inc. Facebook Inc. Fredrikson & Byron, P.A. Global USA, Inc. Intel International Development Systems, Inc.. Nike Inc. Small Business & Entrepreneurship Council Stanwich Group, LLC The Fairfax Group The Heritage Foundation Triple Creek Ranch University of South Carolina Westchester Group LLC Members of AmCham (American Chambers of Commerce Abroad): Amway APCO Worldwide Babycare Bank of America Caterpillar Chang and Cote China Assoc of Enterprises with Foreign Investment (CAEFI) Chindex Coca Cola China Deloitte Dow GPT Group Healthcare Industry Forum Insurance Forum JP Morgan, Beijing Maryland-China Business Council MassMedia McDonald’s China MetLife Microsoft Greater China Region Peabody Energy Pinnacle Polycom PriceWaterHouse Coopers Rockwell Skadden Arps SmithKline Beecham Symantec Tyco United Family Hospitals United Technologies US-Pacific Rim Intl Walmart China Wella Cosmetics Wushu Federation Yaolan New Media Several respondents, including former leaders of local Chambers of Commerce, claimed that they were increasingly being funded by local banks, insurance agents and realtors rather than Main Street retailers and that many local municipalities require small businesses to pay an annual fee to the chamber before validating their business licenses. In addition, one member emphasized “the need to know who funds the U.S. Chamber of Commerce for the purposes of this discussion and effort to make them transparent and accountable,” noting that the thousands of local chambers do not necessarily support the national chamber. And John Coffey, the general manager of Beta Motorsports, a La Habra, California-based company which offers welding and fabrication services and products to race car drivers, was emphatic in his support for the U.S. Chamber of Commerce: I fund the chamber to the tune of $360 a year. I’m a small business man and I support what the Chamber is doing. There are hundreds of thousands of small businesses like mine that support both the local and national Chambers of Commerce and its one of the few organizations trying to help the Main Street small business as opposed to Wall St. big business. Get HuffPost Politics On Facebook and Twitter!

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Rob Bearden Joins Black Duck Software’s Board of Directors

October 28, 2009

Bearden Brings Twenty Years of Industry Experience and a Stellar Track Record for Building and Scaling World-Leading Open Source and Enterprise Software Companies

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Rob Bearden Joins Black Duck Software’s Board of Directors

October 28, 2009

Bearden Brings Twenty Years of Industry Experience and a Stellar Track Record for Building and Scaling World-Leading Open Source and Enterprise Software Companies

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XO Communications Names Michael Toplisek Chief Marketing Officer for XO Business Services

October 26, 2009

Seasoned Industry Veteran to Drive Growth Initiatives to Expand XO Enterprise Leadership Position

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Mass Hysteria Entertainment Announces Hiring of New Media Pioneer Brent Friedman

October 14, 2009

Friedman’s Credits Include “Mortal Kombat Annihilation,” “Star Trek: Enterprise” and “Command & Conquer 3″

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Kelly Nueske Joins Sinaiko Healthcare Consulting as Director of Risk Management Services

October 12, 2009

Veteran in Healthcare Risk Management and Internal Audit to Head up Firm’s New Enterprise Risk Management Consulting Practice

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Swedish Government Seeks EU Approval for Saab Auto’s Sale Guarantee Terms

October 6, 2009

By Niklas Magnusson and Johan Carlstrom Oct. 6 (Bloomberg) — General Motors Co. ’s Saab Automobile division moved closer to receiving state backing for its sale to Koenigsegg Group after Sweden sought European Union approval for terms of a proposed loan guarantee. The government sent an application on Oct. 2 to the European Commission, the EU’s antitrust regulator, to gain an opinion before deciding whether to support the Saab transaction, Haakan Lind , a spokesman at the Stockholm-based Ministry of Enterprise, Energy and Communications, said today by phone. Saab’s sale to sports-car maker Koenigsegg Automotive AB and Beijing Automotive Industry Holding Co. depends in part on the division receiving a $600 million European Investment Bank loan backed by the government. Talks are continuing with the Swedish National Debt Office about the guarantee, Eric Geers , a spokesman at Trollhaettan, Sweden-based Saab, said yesterday. “This is an important milestone for us” now that Sweden has sought EU clearance for the borrowing plan, Geers said. “We are delivering step by step.” The European Commission oversees whether state aid that the EU’s 27 countries provide to companies distorts competition. The EIB, the EU’s lending arm, aims to discuss Saab’s loan application at a board meeting Oct. 21, Eva Srejber , a vice president at the Luxembourg-based bank, said two weeks ago. ‘Time Pressure’ “We want the commission to evaluate the conditions that we’re discussing,” ministry spokesman Lind said. “Everyone is aware that all this is happening under time pressure.” Jonathan Todd , a European Commission spokesman in Brussels, didn’t immediately reply to an e-mail and telephone call seeking comment today. Saab has been unprofitable for most of the 20 years it has been owned by Detroit-based GM. The division filed for bankruptcy protection in February after the U.S. carmaker , struggling with losses worldwide, said it would cut ties. Questions over Saab’s future contributed to its 58 percent sales plunge in Europe in the first half, the biggest decline among all automakers in the region, according to the European Automobile Manufacturers Association . Koenigsegg Group has also received private-financing pledges of 3 billion kronor ($428 million) for Saab’s takeover, helped by Beijing Automotive, China’s fastest-growing carmaker, joining the bidding partnership in early September. To contact the reporter on this story: Niklas Magnusson in Stockholm at nmagnusson1@bloomberg.net ; Johan Carlstrom in Stockholm at jcarlstrom@bloomberg.net .

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Companies Seeking Turnaround in New Supreme Court Term as Sotomayor Joins

October 5, 2009

By Greg Stohr Oct. 5 (Bloomberg) — Justice Sonia Sotomayor’s first U.S. Supreme Court term will be heavy on business cases, as companies aim to rebound after a year of high court setbacks. The nine-month term that starts today will affect the fate of imprisoned former Hollinger International Inc. Chairman Conrad Black, the accounting oversight board set up by the Sarbanes-Oxley law and the sales of professional football team caps. The justices also will consider limiting investor lawsuits and making it harder to get a patent covering business methods. The Washington-based U.S. Chamber of Commerce is seeking to avoid a repeat of the 2008-09 term, perhaps the trade group’s worst in a decade. The court allowed more lawsuits against drugmakers, tobacco companies and banks and backed out of a case that might have meant stricter limits on punitive damages. “The business community is anxious to see if the losses of last term were aberrations,” said Thomas Goldstein , a Washington lawyer at Akin Gump Strauss Hauer & Feld LLP and the creator of the Scotusblog Web site, which tracks the court. Whether that trend continues will depend in part on how much deference the court affords the Obama administration, which is urging the justices to allow more investor lawsuits. The Bush administration argued against investors in five straight high court cases, winning all five. In a case involving Chicago-based Harris Associates LP and its Oakmark mutual funds, the Obama administration argues that mutual-fund managers can be sued for charging excessive fees even if they didn’t deceive the fund’s directors. Harris and business groups argue that courts generally should let the marketplace set fee levels, not the legal system. Policy Questions Although that case revolves around the interpretation of the 1940 Investment Company Act, the outcome may turn as much on policy questions as statutory language. The case “could require the Supreme Court to posit its own economic theory of the market,” said Chris Brummer, a securities law professor at Georgetown University in Washington. “How efficient are markets in effect at regulating themselves?” The administration also may back shareholders in a clash over deadlines for fraud suits involving Merck & Co. , based in Whitehouse Station, New Jersey. Investors say the company deceived them about the risks posed by its Vioxx painkiller, which was pulled from the market in 2004 because of links to heart attacks and strokes. Merck, which will become the second-largest U.S. pharmaceutical company when it completes its $41.1 billion purchase of Kenilworth, New Jersey-based Schering-Plough Corp. , argues that the shareholders waited too long to file their suit. The company’s appeal turns on the starting date for the two-year window that investors are given to file some types of federal securities lawsuits. Patent Case The patent case has ramifications for the software, biotechnology and financial services industries. The dispute will mark the first time since 1981 the court has ruled on the types of inventions that are patentable. An appeals court excluded some innovations that don’t have a physical component. The case concerns a bid to patent a way to buy or sell energy at a fixed price based on the expected weather. Companies, trade organizations and other outside groups have submitted more than 45 briefs, signaling wide interest. The case looms as a “blockbuster” that will resolve a “very, very foundational question for patents,” said Cliff Sloan , a Washington lawyer at Skadden Arps Slate Meagher & Flom LLP and an expert in intellectual property law. Conrad Black Black, the former Hollinger executive, was accused by prosecutors of stealing $6.1 million from the Toronto-based company. He was convicted of mail fraud and obstruction of justice and sentenced to 6 1/2 years in prison. His case turns on a favorite prosecutorial tool in white- collar crime cases, a provision that covers mail and wire fraud schemes to “deprive another of the intangible right to honest services.” Black says the provision shouldn’t apply in the private sector unless the defendant intended to impose economic harm on a company or other entity entitled to those “honest services.” By its terms, the honest services provision could apply to anyone who uses a company phone to make a personal call, says Julie O’Sullivan , a Georgetown law professor. “This theory of honest services seems a little strange, but it’s used all the time,” O’Sullivan said. “Why? Because it’s easy.” NFL Case In the apparel case, the question is how much of a shield professional sports leagues should have from antitrust suits. The justices will decide whether the National Football League, headquartered in New York, and its teams must face claims by a company that lost its right to sell caps with team logos when the league struck an exclusive agreement for the Reebok brand of Herzogenaurach, Germany-based Adidas AG , the world’s second- largest sporting goods maker. The NFL contends that, under the antitrust laws, its teams can sell rights to their logos as a group, rather than on a squad-by-squad basis. The Sarbanes-Oxley case might produce a far-reaching constitutional ruling. The case centers on the Public Company Accounting Oversight Board , a private entity whose members are appointed by the Securities and Exchange Commission to be the accounting industry’s watchdog. The court will decide whether the measure violates the constitutional provision that lets the president appoint and supervise executive branch officials. The law is being challenged by Beckstead and Watts LLP , a Las Vegas-area accounting firm, and the Free Enterprise Fund in Washington, which advocates smaller government. A decision that the PCAOB is unconstitutional might prod Congress to revisit the 2002 Sarbanes-Oxley law and restructure the board. More broadly, such a ruling could raise questions about the so-called fourth branch of government – the independent agencies including the SEC that the Supreme Court first upheld in 1935. “That would have a huge impact on the regulatory apparatus,” Sloan said. To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net .

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Sam Ramji Joins Sonoa Systems

September 30, 2009

Leading Enterprise Software Executive to Direct Product Strategy and Business Development

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Asian Stocks Advance for Second Day on NGK Profit Forecast, Micron Results

September 29, 2009

By Shani Raja Sept. 30 (Bloomberg) — Asian stocks rose for a second day, led by automakers and technology companies, after NGK Insulators Ltd. raised its profit forecast and Micron Technology Inc. reported a narrower loss. NGK Insulators surged 8.1 percent in Tokyo after citing growing demand for products related to cars and electronics for its higher forecast. Hynix Semiconductor Inc. gained 2.6 percent in Seoul as Micron’s results boosted optimism a glut in the memory-chip industry is easing. Billabong International Ltd., Australia’s biggest surfwear maker, climbed 3.6 percent on a greater-than-estimated retail sales report. The MSCI Asia Pacific Index added 0.5 percent to 117.33 as of 11:38 a.m. in Tokyo. The gauge is set for its second-straight quarterly advance, having climbed 14 percent in the past three months as economies around the world emerged from recession. “The recovery is moving from being supported by governments and central banks to being a bit more self-sustained,” said Nader Naeimi , a Sydney-based strategist at AMP Capital Investors, which manages about $75 billion. “Across Asia we’re seeing strong private demand as well as a strong pick-up in actual measures of economic activity.” The Shanghai Composite Index climbed 1 percent in China, where markets are closed from tomorrow for a week-long holiday. South Korea’s Kospi Index gained 0.6 percent, while Taiwan’s Taiex Index added 0.7 percent. Japan’s Nikkei 225 Stock Average was little changed. Hai-O Enterprise Bhd., a Malaysian seller of Chinese wines, herbs and medicines, rose 4.9 percent to a record after first- quarter profit climbed 36 percent. U.S. Home Prices Futures on the U.S. Standard & Poor’s 500 Index were little changed. The gauge fluctuated between gains and losses yesterday before finishing down 0.2 percent. The S&P/Case-Shiller home- price index climbed 1.2 percent in July from the previous month, the most since October 2005, according to an S&P report . In Tokyo, NGK Insulators surged 8.1 percent to 2,065 yen after boosting its profit forecast for the year ending March 31, 2010, by 14 percent to 12.5 billion yen ($139 million). Hynix climbed 3.1 percent to 20,150 won, while Samsung Electronics Co., the world’s largest maker of computer memory, lost 1.4 percent to 823,000 won. Taiwan Semiconductor Manufacturing Co., the world’s largest maker of customized chips, gained 1.9 percent to NT$64.90. Technology companies accounted for 20 percent of the MSCI Asia Pacific Index’s gain today after Micron said its fourth- quarter net loss narrowed to $88 million from $344 million a year earlier. The loss in the period of 10 cents a share beat the 19 cents estimated by analysts in a Bloomberg survey. Memory Chips Bankruptcies and factory shutdowns have helped the memory industry pare an oversupply of chips, pushing up prices closer to the cost of production. Micron makes dynamic random access memory, or DRAM , for personal computers, as well as Nand flash chips, which store information. The MSCI Asia Pacific Index has added 3.4 percent in September, set for a seventh monthly advance, its longest stretch of gains since the 10 months ended July 2007. Japan’s Topix index and the Nikkei 225 are the worst performers this month among 88 global equity indexes tracked by Bloomberg, amid uncertainties over policies from the nation’s new government. The MSCI index’s gain in the past three months is lower than the second quarter’s 28 percent as concerns emerged the stock rally may have overvalued company earnings prospects. The average price of the gauge’s shares rose to 1.6 times book value on Sept. 17, up from 1 at the measure’s five-year low on March 9. Australian Retail Sales The climb in equities in the past seven months has been fueled by better-than-estimated economic and earnings reports. Australian retail sales climbed 0.9 percent in August, the first gain in three months, the country’s statistics bureau reported today. The median forecast of economists surveyed by Bloomberg News was for a 0.5 percent gain. Billabong rose 3.6 percent to A$11.95 in Sydney, while Harvey Norman Holdings Ltd., Australia’s largest furniture and electrical retailer, added 1.4 percent to A$4.33. In Kuala Lumpur, Hai-O Enterprise advanced 4.9 percent to a record 5.97 ringgit after first-quarter profit climbed 36 percent. OSK Research Sdn. upgraded the stock to “buy” from “neutral.” To contact the reporter on this story: Shani Raja in Sydney at sraja4@bloomberg.net .

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Universal Capital Management Announces Stephen J. Laukaitis, Retired U.S. Navy Captain, to Join Board of Directors

September 23, 2009

WILMINGTON, DE–(Marketwire – September 23, 2009) – Universal Capital Management, Inc. ( OTCBB : UCMT ), a Wilmington, Delaware business development company that provides management and strategic growth resources to emerging growth companies, is pleased to announce the addition of Stephen Laukaitis, Lockheed Martin Corporation’s Enterprise Integration Group , to the Universal Capital Management Board of Directors.

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Universal Capital Management Announces Stephen J. Laukaitis, Retired U.S. Navy Captain, to Join Board of Directors

September 23, 2009

WILMINGTON, DE–(Marketwire – September 23, 2009) – Universal Capital Management, Inc. ( OTCBB : UCMT ), a Wilmington, Delaware business development company that provides management and strategic growth resources to emerging growth companies, is pleased to announce the addition of Stephen Laukaitis, Lockheed Martin Corporation’s Enterprise Integration Group , to the Universal Capital Management Board of Directors.

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Leslie Pratch, Ph.D.: What is the Probability That an Executive’s Mental Complexity Will Create or Destroy Value?

September 22, 2009

Whenever I make an assessment of an executive, I enter into a data base how the executive scored on each of the measures assessed, along with company size in terms of revenues; industry; role; relationship with owners; questions the hiring party wants ferreted out; what I recommended; whether the client followed my recommendation; how the executive performed 90 days, one year, two years, sometimes even five years from the initial assessment – depending on how long my client, usually a private equity firm, owns the company. One factor of many factors I examine is complexity of mental processing. A recent engagement led me to relate company size as measured by revenue to complexity of mental processing. See the link at the end of this post. Recall that organizational roles fall into discrete levels, each defined by the longest time span and the highest task complexity required to carry out that role. The time-span measure of a role provides information pertaining to the level-of-work complexity for the role. A Stratum VII role has a time span of 20 plus years. Companies with revenues over $5 billion. The work requires the executive to construct complex systems: the task is to construct versus predict the future. The cognitive mechanism is linear extrapolation; developing new theories. The appropriate position is Board Chairman or Corporate CEO. A Stratum VI role has a time-span horizon of 10-20 years. Running $3 billion business is a Stratum VI roles. The task requires the executive to oversee complex systems; to run group of business units; to plan long-term strategy. The cognitive mechanism is reflective articulation between systems. The executive must evolve higher conceptual approaches. This stratum is appropriate for a COO, an Executive VP, and a Group Executive VP. A Stratum V role has a time-span of 10 years. The executive must command one complex system and understand connections to the external operating environment. The cognitive mechanism required is to shape, reshape whole systems; to utilize theory to solve problems. The commensurate position is President, VP, or Top Specialist. Company size is revenues around $500 million. A Stratum IV role has a time span of 5-10 years. One must oversee operating subsystems and design new methods and policies. The cognitive mechanism required is developing alternative systems, abstracting from data, and parallel processing of information. The commensurate position is General manager, Division Manager, or Chief Specialist. Company size is $150-$500 million. A Stratum III role has a time span of 2-5 years. The work complexity is to direct one operating subsystem, to predict the needs of the business 12-18 months out. The cognitive mechanism is linear extrapolation; alternative pathways. The position appropriate for an executive operating at this level of cognitive complexity is Unit Manager, Department Manager, or Director. Company size is $50-$150 million. A Stratum II role is 1-2 years. The work complexity is to direct an aggregate of tasks; to diagnose problems. The cognitive mechanism is reflective articulation; the ability to formulate new ideas, to handle ambiguity. The appropriate position is that of First-line Manager or Supervisor. Cognitive power changes over time. Individuals’ paths of development follow trajectories within distinct bands, which he called modes. The first figure lays out the strata and cognitive mechanisms required for each, along with company size and organizational role. The second figure illustrates these developmental modes. Different modes rise at different rates. http://www.pratchco.com/docs/WorkStrata.pdf I recently assessed a 63-year-old executive for the position of CEO of a $40 million business. The client, a private equity firm, had looked for some time for a company to buy for this executive to lead. The executive had long experience leading sales in a particular sector. He and his investors found a company to buy that appeared to be a perfect fit for this executive’s capabilities. Although my client wanted to hire the executive as CEO, I argued, based on my assessment of his cognitive capability, that he should be given a different title, such as chief sales officer or chief marketing officer, and that my client should begin searching for a capable executive who could serve as CEO. This executive had experience, motivation, and deep domain expertise. He also had functional skills: He was born to sell. The problem was that at age 63, he fell into Mode II or, to be charitable, Mode III. He could handle the complexity required of a role somewhere between Stratum II and Stratum III. Investors hoped to build the company through small tuck-in acquisitions along with organic growth and expansion into new customer verticals. Should the investment thesis change, and should large acquisitions come along, the role of CEO would certainly be thrust into a Stratum V role. Most executives I assess are for Stratum V roles and above. If we look at this executive’s developmental mode (Mode III) and his age, we see that he is barely capable of handling the tasks with greater than a two-year time-span horizon. At age 63, his capacity is unlikely to increase enough to allow him to handle a more complex system. Although he might be ability to analyze and integrate an acquisition of $20 million assuming the customers and service were similar to those he had already mastered, he would not be able to handle more ambitions acquisitions, such as those around $40 million. I warned my client that the investment thesis would have to change should he decide to grow significantly through acquisitions. I cautioned that this executive not be given the title of CEO but instead be placed in the office of the CEO so that a capable CEO could be brought in who could truly lead the organization. My client accepted my recommendation but asked, “How does mental complexity translate into capability to run a company depending on the company size in terms of revenues?” This exchange highlighted the need to link time-span of the role to a metric with which investors, my clients, are most familiar: company size in revenues. Above I reported what my research showed on company size and time-span horizon. I asked my client to do some conjecturing. Put a probability weight on the company becoming $150 million in two years. The expected value of this growth is some multiple of sales, maybe it’s $20 million. My client’s business is creating value by combining management talent and capital to grow the enterprise value. “What is the probability that this executive will create value?” Answer: Very low. What is the probability that the executive destroys value? That he destroys my client’s reputation and incurs economic loss, at the cost of the executive’s reputation and the pure economic value of the loss? The executive comes out ahead, assuming a signing bonus but my client and the organization lose momentum, credibility, talent, and expected future economic value. Fortunately, my client opted to give him the title of President and to reserve the right to bring in a CEO at a later date should circumstances warrant it. After all, the executive could turn out to be wildly successful. But the probability of that outcome is low.

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D-Link Names Kevin Lahm Associate VP North America Field System Engineers

September 21, 2009

FOUNTAIN VALLEY, CA–(Marketwire – September 21, 2009) – D-Link, the end-to-end networking solutions provider for consumers and business, today announced the hiring of Kevin Lahm, former 3Com Corporation western region sales engineering manager, as associate vice president, North America Field System Engineers. Lahm will be responsible for leading D-Link’s growing network of field system engineers in the US and Canada, with a focus on driving customer intimacy. This includes interfacing with customers to understand their needs and fill solution gaps, streamlining processes to bring customer requirements to product development teams, and implementing internal programs that will add relevance and drive sales for D-Link in the Enterprise marketplace.

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The Alberta Enterprise Corporation Launches Operations

September 20, 2009

Enterprise Corporation Alberta Enterprise Corporation (AEC) is pleased to announce the official launch of operations of its $100M fund of funds. Management Team Announced Rod Charko has joined AEC as Chief Executive Officer. Rod is a seasoned company

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China, World’s Largest Steel Producer, Says It Opposes U.S. Pipe Duties

September 10, 2009

By Mark Drajem Sept. 10 (Bloomberg) — China “strongly opposes” a ruling by the U.S. Commerce Department to impose duties of as much as 31 percent on steel pipes, a Chinese government spokesman said. “The Ministry of Commerce is very concerned about the ruling and strongly opposes it,” said a spokesman from the Chinese ministry, who declined to be named. He said an official statement will be released later, without elaborating. The average duties on $2.8 billion in annual imports of the pipe, used in oil and gas wells, will be 21.3 percent, the Commerce Department said in an e-mailed statement yesterday announcing the preliminary decision. The ruling agreed with American producers led by U.S. Steel Corp. that the imports were supported by unfair subsidies. The tariffs may help U.S. Steel and other domestic producers weather a drop in pipe demand following last year’s collapse in oil prices. It also may be a precursor for a number of trade complaints against China. President Barack Obama must decide a separate case on imported Chinese tires by Sept. 17. “These are the dynamic duo of trade complaints,” said Joanne Thornton , a senior vice president at Concept Capital, an investors research group focused on Washington policy. “They take on a symbolic significance at a time when countries are concerned about trade restraints” amid the global recession, she said in an interview. The pipe case, the largest so-called countervailing duty complaint filed against Chinese-made products, was brought by the United Steelworkers union; U.S. Steel, the largest U.S.- based steelmaker; U.S. operations of Evraz Group SA , Russia’s second-largest mill; and Pennsylvania-based Wheatland Tube Co. Depositing Duties After the ruling is published in the Federal Register, importers of the product — known as oil country tubular goods — will have to deposit duties of the assigned amount, pending a final ruling later this year by the Commerce Department and a separate decision by the U.S. International Trade Commission. Chinese officials have spent the past months trying to head off tariffs for the steel pipes and the separate case brought by the United Steelworkers union against Chinese auto tires. “If there is really such a decision, China’s Commerce Ministry will have a formal response,” Wang Baodong , a spokesman for the embassy in Washington, said in a telephone interview. “On these anti-dumping charges, the Chinese government has been very clear.” ‘Damage Done’ “This finding once again confirms what we have known for many years — the Chinese steel industry benefits from substantial subsidies,” Dan DiMicco , the chief executive officer of Nucor Corp ., the second largest U.S. steelmaker, said in an e-mail. “Unfortunately the damage has already been done and inventories are still at near record levels,” he said. U.S. Steel spokeswoman Erin DiPietro declined to comment. U.S. Steel rose 2.4 percent to $44.30 in New York Stock Exchange composite trading and has gained 19 percent this year. In the steel-pipe case, U.S. manufacturers saw their gross profits almost triple to $2.42 billion in 2008 from the previous year, according to the International Trade Commission. Record oil prices drove demand for the product. While imports from China surged, U.S. production and employment increased too. “The fact that China is subsidizing is very clear,” Michelle Applebaum , who runs a research firm in Highland Park, Illinois, that advises investors on the steel industry, said in an interview. Chinese pipe imports came in “like locust” last year, and a duty of as much as 31 percent could block most or all new imports, she added. ‘Dumping’ Stopped After the ITC issued a preliminary ruling May 22 in support of tariffs, imports from China ground to a halt as companies anticipated additional duties, Mark Parr , an analyst at Keybanc Capital Markets in Cleveland, said in an interview. Many Chinese companies “were forced to stop supplying this market,” he said. “All of the dumping that has gone on has really stopped now.” China has already filed a complaint to the World Trade Organization arguing that the U.S. punishes China twice for the same subsidies. The U.S. categorizes China as a subsidized economy, allowing higher anti-dumping duties, and then imposes tariffs for the alleged subsidies too, according to its WTO complaint. Obama has sent a number of messages about trade with China. When campaigning for president in Pennsylvania on April 14, 2008, he told union members that he supported “going after China.” As president, Obama joined other leaders at a meeting of the Group of Eight in Italy in July to pledge to refrain from “taking decisions to increase tariffs above today’s levels.” In June he warned, in an interview with the New York Times, about “sending any protectionist signals out there.” The Commerce Department said in its decision that steel pipe from Jiangsu Changbao Steel Tube Co. would face duties of 24 percent; Tianjin Pipe Group Corp., 11 percent; Wuxi Seamless Pipe Co., 25 percent; and Zhejiang Jianli Enterprise Co., 31 percent. All other producers must pay the trade-weighted average of those figures, or 21 percent. To contact the reporter on this story: Mark Drajem in Washington at mdrajem@bloomberg.net .

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Democrats, Obama Bid to Regain Momentum on Health Care as Congress Returns

September 8, 2009

By Laura Litvan and Nicole Gaouette Sept. 8 (Bloomberg) — Congressional Democrats are making another bid to draw at least some Republican support for a health-care overhaul plan with a compromise being offered by the head of a key Senate panel as lawmakers return to work today. Senate Finance Committee Chairman Max Baucus is proposing legislation to enact President Barack Obama’s top domestic priority that would cost less than $900 billion over 10 years and establish non-profit insurance cooperatives to extend coverage to the uninsured rather than create a government-run program, according to a person familiar with the plan. Baucus’s draft is intended to force decisions from a group of Republicans and Democrats on his committee who have been working without success toward a bipartisan deal. Democrats, led by Obama, are making a final push to get health-care legislation passed by the end of the year. With a monthlong recess coming to an end, the president plans to address a joint session of the House and Senate tomorrow to refocus the debate and lay out the details he wants in a bill. “Every debate at some point comes to an end. At some point, it’s time to decide,” Obama said yesterday in an address to union members in Cincinnati. “It’s time to act.” Some lawmakers who spent the August recess in their home districts were confronted by angry voters opposed to greater government involvement in health care. The controversy has taken a toll on the public’s view of Congress and of Obama. Sliding Support The Kaiser Health Tracking Poll found in August that 45 percent of Americans believe the country would be better off if Congress passed health reform, down from 51 percent in July. Polls by the Pew Research Center found Obama’s job approval rating slid to 54 percent in July from 63 percent in April. Public approval for his handling of health care dropped to 42 percent in July from 51 percent in April. The death of Senator Edward Kennedy of Massachusetts, the Democrats’ unofficial leader on health care, and concerns the legislation would add to a federal deficit that’s projected to hit $1.58 trillion this year are raising doubts about whether Congress will be able to act. “I wouldn’t say we’re back to square one, but the political dynamics of this are worse than they were before the recess,” said John Fortier , a congressional scholar at the American Enterprise Institute in Washington. Down to Wire Baucus has until Sept. 15 to complete a deal with two other Democrats and three Republicans on his panel. They are set to meet today. If that fails, Democratic leaders say they may use a tactic called budget reconciliation to pass some of their proposals with a simple majority in the 100-member Senate, rather than the 60 votes typically needed to advance legislation. Kennedy’s death left Democrats controlling 59 seats. Baucus’s use of cooperatives is designed to appeal to Republicans, who have rejected creating a government-run program that would compete with private insurers. Also aimed at attracting votes is a price tag of less than $900 billion over the next decade, below the $1 trillion cost of legislation by House Democrats and the Senate health committee. White House press secretary Robert Gibbs said the administration would be “pleased” if the finance committee is able to draft a proposal that could be approved, “hopefully with bipartisan support.” Baucus suggested Sept. 4 that he’s prepared to move forward, even without Republicans. “I am committed to getting health-care reform done — done soon and done right,” he said after conferring with other senators. Government-Run Option In yesterday’s speech, Obama said he still supports a government-run program within a “basket of insurance choices,” which “will help improve quality and bring down costs.” His advisers have signaled some willingness to compromise. The government-run plan “shouldn’t define the whole health-care debate,” David Axelrod , the president’s senior adviser, said Sept. 6 on NBC’s “Meet the Press” program. Baucus’s proposal largely mirrors the tentative deals reached by the six lawmakers in recent months. It would partly offset costs with a tax on insurers that provide the costliest plans and a new fee on insurers, based on market share. Those provisions may encounter opposition from Republicans. It would extend health coverage to some of the nation’s 47 million uninsured, in part by expanding the Medicaid government health system for the poor so that those below 133 percent of the federal poverty level would be eligible for benefits, according to the person familiar with the plan. Exchanges The proposal also includes online “exchanges” where the uninsured who don’t get Medicaid could shop for policies at more affordable group rates, and it includes tax subsidies for lower- income families. It would bar insurers from denying coverage based on pre-existing conditions. The proposal would expand Medicare prescription drug coverage for seniors. Baucus’s plan also attempts to reduce Medicare costs by rewarding doctors based on the quality of care provided, not the number of treatments or tests administered. Health-care legislation “needs a presidential push,” said Fortier. “But the fact that the president’s approval ratings are flagging is going to make it much harder for him.” To contact the reporters on this story: Laura Litvan in Washington, at llitvan@bloomberg.net ; Nicole Gaouette in Washington at ngaouette@bloomberg.net .

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Oracle’s $7.4 Billion Purchase of Sun Is Put on Hold by EU Antitrust Probe

September 3, 2009

By Peter Chapman and Matthew Newman Sept. 3 (Bloomberg) — Oracle Corp. ’s $7.4 billion acquisition of Sun Microsystems Inc. was put on hold as the European Commission opened an in-depth investigation two weeks after U.S. regulators approved the deal. There are “serious doubts” about competition in the market for databases if Oracle, the world’s second-largest software maker, buys Sun, the commission in Brussels said today in an e- mailed statement. The EU’s initial probe indicated reduced competition may lead to higher prices, the regulator said. “The commission has to examine very carefully the effects on competition in Europe when the world’s leading proprietary database company proposes to take over the world’s leading open source database company,” Competition Commissioner Neelie Kroes said in the statement. The investigation, which will last until Jan. 19, follows lobbying by Oracle competitors including SAP AG and Microsoft Corp. and contrasts with the decision of U.S. regulators to clear the deal on Aug. 20. The EU probe focuses on Oracle’s control of the MySQL product, the leading open-source database that Sun bought last year. “It increases the risk that Oracle will have to divest some aspects of the Sun business to get the deal done,” said Chris Hickey , an analyst at Atlantic Equities in London. He owns no Oracle shares and rates them overweight. Divesting MySQL “wouldn’t be a huge impact financially” on the deal, he said. Earnings Oracle, based in Redwood City, California, acknowledged the extended probe in a statement today. Oracle has said the purchase would add $1.5 billion to operating earnings , excluding some items, in the first year. Chief Executive Officer Larry Ellison has said gaining the Java programming language, which lets developers write software that works across operating systems and on a variety of devices, was one of the main reasons behind his decision to buy Sun. Analysts, including ISI Group’s Heather Bellini in New York, had expected the EU to approve the deal during the initial 25-working day investigation. Bellini said in a note today that the EU probe won’t last the entire 90 working days. “We continue to believe that Oracle will be successful in acquiring Sun in its current form, without the need for a divestiture,” she wrote. Bellini, previously with UBS AG, was Institutional Investor magazine’s top-ranked software analyst while working for the Swiss bank. No Java Issues In the U.S., the Department of Justice scrutinized the deal’s impact on the licensing of Java. The EU has no issues with Java licensing, commission spokesman Jonathan Todd said. In Europe, the focus is on whether Oracle will have the potential of building a dominant position in the enterprise- server market by acquiring MySQL. Oracle is the market leader in proprietary databases, while Sun’s MySQL database product is the leading open-source database, the commission said. The commission said the database market is “highly concentrated” with Oracle, International Business Machines Corp. and Microsoft controlling about 85 percent of the market. Oracle fell 29 cents, or 1.3 percent, to $21.48 in Nasdaq Stock Market trading at 2:09 p.m. New York time. Santa Clara, California-based Sun fell 18 cents, or 1.9 percent, to $9.14. ‘Competitive Constraint’ The commission has previously started in-depth probes into all-American deals, including Google Inc. ’s $3.1 billion acquisition of DoubleClick Inc., after they were cleared by U.S. regulators. The commission cleared Google’s deal without requiring divestitures. One company that makes database software derived from MySQL, Monty Program AB in Tuusula, Finland, said the EU decision indicates the regulator “understands” the issues in the case better than the U.S. “I’m positively surprised to see the EU had the strength to do this even if the Department of Justice approved the deal,” said Henrik Ingo, Monty Program’s chief operating officer. The EU said its initial probe showed that Oracle’s databases and Sun’s MySQL compete directly in many sectors of the database market. “MySQL is widely expected to represent a greater competitive constraint as it becomes increasingly functional,” the commission said. “The commission’s investigation has also shown that the open source nature of Sun’s MySQL might not eliminate fully the potential for anti-competitive effects.” Wikipedia, Facebook The MySQL database, downloaded more than 60,000 times a day according to Sun’s Web site, powers many of the biggest Web sites, including Wikipedia, Facebook and Google’s YouTube. Companies typically run MySQL on hundreds of inexpensive computers, serving up snippets of information to a large number of people. By contrast, Oracle’s database software is often installed on powerful server computers, and it processes many transactions and runs applications that are critical to corporate operations. While the list price for Oracle’s corporate database software starts at $47,000, customers often pay hundreds of thousands of dollars. In the fiscal year ended May, Oracle reported database and related software accounted for $7.6 billion in new licenses and maintenance fees. Sun reported less than $100 million in bookings in 2008 for MySQL, according to Sarah Friar , an analyst at Goldman Sachs Group Inc. in San Francisco. The commission may be exploring whether Oracle will continue to develop MySQL as an open-source database, said Patrick Walravens , an analyst at JMP Securities in San Francisco. He said he expects the commission will approve the deal with conditions. “The big question investors are likely to have now is simply how long will this EU proceeding take?” Walravens said today in a note. If the deal is approved, Oracle’s Ellison would also gain Sun’s Solaris operating system, which works with its database program. To contact the reporters on this story: Peter Chapman in Brussels at Pchapman10@bloomberg.net , Matthew Newman in Brussels at Mnewman6@bloomberg.net

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