philadelphia

Huffington Post…

Fresh off a victory in his state on the path towards legalizing sports betting, New Jersey state Sen. Raymond Lesniak pledged Tuesday to take the fight nationwide. On Monday Lesniak, a Democrat, succeeded in rushing a sports-betting bill through the state legislature. The bill would allow wagering on pro and college games in Atlantic City and at the state’s racetracks if a federal ban on sports betting is reversed. Following an expected signature of the measure by Gov. Chris Christie, the New Jersey attorney general could file suit in federal district court as early as this month to try to overturn the federal prohibition, Lesniak said. The economic funk is empowering gambling proponents like Lesniak, who is also behind a state online gambling bill. New Jersey is bearing $10 billion of a collective $95 billion debt carried by U.S. states in 2012. And the Garden State is losing gambling revenue to Nevada and betting rings run by organized crime, Lesniak said. While other states are looking to generate revenue through casino gambling, New Jersey is taking the lead on sports betting. And it’s doing so without much help. “Other than mild encouragement, [other states] let us carry the ball for the rest of the country,” Lesniak said. If New Jersey’s challenge succeeds in overturning the 1992 Professional and Amateur Sports Protection Act, people could bet on the Super Bowl and other sporting events in any state that legalizes bookmaking. Four states — Nevada, Delaware, Montana and Oregon — are already exempt from that law. Americans bet $100 billion a year on sports, legally or otherwise, according to the University of California, Los Angeles gambling studies program. Lesniak believes that all that stands in the way of cash-hungry states getting their share though sports betting is persuading the court that the law is unconstitutional. States should be allowed to determine how they raise revenue, particularly when four states are already given the privilege, he said. New Jersey’s expected battle with the Justice Department would be a rematch of sorts. Lesniak, through his law firm, filed suit last year to strike down the ban. He firm handled the work pro bono, he said. But the federal appeals court threw out the suit, declaring that the state itself would have to file the action. Momentum has been building for pro-gambling forces. The Justice Department this month eased its interpretation of the Wire Act, opening the possibility for states to pursue online gambling for games such as poker. And Lesniak is optimistic about the upcoming challenge against the Sports Protection Act. He cited a letter in which the Justice Department objected to Congress’ passing the law because it violated states’ rights. The letter was addressed to Joe Biden, the current vice president who was then chairman of the Senate Judiciary Committee. Attorney Peter Dugas , director of government affairs for the Washington, D.C., firm Clark Hill, said no challenge has come close to eliminating the sports betting ban and that a different outcome was “really questionable.” Lesniak remains undaunted, saying if the court addresses substance over procedural issues, the outcome should be a no-brainer in favor of his side. “It should not take long in U.S. District Court to get a decision,” he said.

Read more from the original source:
Gambling Gains: Another Victory for Sports Betting, in N.J.

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Huffington Post…

PHILADELPHIA — Occupy Philadelphia protesters say their movement isn’t over despite their eviction from the City Hall plaza where they had been encamped since early October. Gwen Snyder, one of the group’s leaders, said Friday they plan to march to Independence Hall on Saturday. They have not decided whether to apply for another permit in Philadelphia. Protesters say their effort to combat what they call corporate greed didn’t end with this week’s eviction. They also object to the city’s claims the eviction and subsequent arrests were done in a peaceful and orderly fashion. Protester Vanessa Maria Graber (GRAY’-buhr) says she was injured when a police horse stepped on her foot. Police Lt. Raymond Evers says internal affairs is investigating what happened to Graber, but adds that arrested protesters received a warning first.

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Occupy Philadelphia Protestors Continue Fight After Eviction

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‘What The Hell Are We Paying You For?’

November 29, 2011

New Jersey Gov. Chris Christie (R) slammed President Barack Obama at a press conference in Camden, N.J. Monday for the super committee’s failure. “I was angry this weekend listening to the spin coming out of the administration about the failure of the super committee,” said Christie. “The president knew that it was doomed for failure so he didn’t get involved. Well, then what the hell are we paying you for? It’s doomed for failure so I’m not getting involved? Well, what have you been doing exactly?” he said. ( Video above via Christie’s YouTube account.) The president, however, released a plan (pdf) to Congress entitled “Living Within Our Means and Investing in the Future,” outlining $3 trillion in net savings over the next decade. Obama blamed Republicans’ refusal to raise taxes for the failure of the super committee. The Obama administration has also dismissed the idea that the president would change the construction of the automatic spending cut triggers, scheduled to take effect in 2013, to lessen the impact on defense spending. The automatic cuts contain $600 billion in defense cuts and $600 billion in Medicare and domestic spending cuts. The 12-member super committee, formally known as the Joint Select Committee on Deficit Reduction, was set to come up with $1.2 trillion in savings, but failed to meet its Nov. 23 deadline. Christie announced in early October that he would not run for the Republican nomination for president in 2012. He endorsed former Massachusetts Gov. Mitt Romney for president. Christie said both the Occupy Wall Street movement and the Tea Party movement “look at Washington D.C. and they look at a president who is a bystander in the Oval Office.” He added that both movements come from the same frustration about government. Obama and Vice President Joe Biden have expressed that the movements arose from similar frustrations.

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Berlusconi Expected To Resign

November 12, 2011

ROME — Italian Premier Silvio Berlusconi prepared to resign Saturday after parliament’s lower chamber passed European-demanded reforms, ending a 17-year political era and setting in motion a transition aimed at bringing Italy back from the brink of economic crisis. A chorus of Handel’s “Alleluia,” performed by a few dozen singers and classical musicians, rang out in front of the president’s palace as thousands of Italians poured into downtown Rome to rejoice at the end of Berlusconi’s scandal-marred reign. Hecklers shouted “Buffon, Buffon!” – buffoon in Italian – as Berlusconi’s motorcade pulled out of his residence and into the presidential palace across town, where he has said he would tender his resignation amid weeks of market turmoil. Respected former European commissioner Mario Monti remained the top choice to try to steer the country out of its debt woes as the head of a transitional government, but Berlusconi’s allies remained split over whether to support him. Their opposition wasn’t expected to scuttle President Giorgio Napolitano’s plans to ask Monti to try to form an interim government once Berlusconi resigns, but it could make Monti’s job more difficult. Napolitano is expected to hold consultations Sunday with all of Italy’s political forces before deciding how to proceed. Berlusconi’s resignation was set in motion after the Chamber of Deputies, with a vote of 380-26 with two abstentions, approved economic reforms which include increasing the retirement age starting in 2026 but do nothing to open up Italy’s inflexible labor market. The Senate on Friday easily passed the measures and Napolitano signed the legislation Saturday, paving the way for Berlusconi to leave office as he promised to do after losing his parliamentary majority earlier in the week. He chaired his final Cabinet meeting Saturday evening, after which he was expected to head to Napolitano’s palazzo to tender his resignation. Berlusconi stood as lawmakers applauded him in the parliament chamber immediately after the vote. But outside his office and in front of government palazzos across town, hundreds of curiosity-seekers heckled him and his ministers, massing to witness the final hours of his government. “Shame!” and “Get Out!” the crowds yelled, many toting “Bye Bye Silvio Party” posters as they marched through downtown Rome in a festive indication that for many Italians, like financial markets, the time had come for Berlusconi to go. Berlusconi supporters were also out in force, some singing the national anthem, but they were outnumbered. Earlier in the day, Berlusconi lunched with Monti in a clear sign the political transition was already under way, news reports said. While members of his coalition and the euroskeptic Northern League remained opposed to Monti’s nomination, some lawmakers suggested they could support a Monti-led government for a few months to enact the additional EU-demanded reforms before elections are held in early 2012. Napolitano appealed for lawmakers to put the good of the country ahead of short-term, local interests – an indirect appeal to members of Berlusconi’s party and the allied Northern League to work with the new government. “All political forces must act with a sense of responsibility,” he said. It’s an ignoble end for the 75-year-old billionaire media mogul, who came to power for the first time in 1994 using a soccer chant “Let’s Go Italy” as the name of his political party and selling Italians on a dream of prosperity with his own personal story of transformation from cruise-ship crooner to Italy’s richest man. While he became Italy’s longest-serving post-war premier, Berlusconi’s three stints as premier were tainted by corruption trials and accusations that he used his political power to help his business interests. His last term has been marred by sex scandals, “bunga bunga” parties and criminal charges he paid a 17-year-old girl to have sex – accusations he denies. Italy is under intense pressure to quickly put in place a new and effective government to replace him, one that can push through even more painful reforms and austerity measures to deal with its staggering debts, which stand at euro1.9 trillion ($2.6 trillion), or a huge 120 percent of economic output. Italy has to roll over a little more than euro300 billion ($410 billion) of its debts next year alone. Markets battered Italy this past week amid uncertainty that Berlusconi would really leave and questions over whether Italy’s notoriously paralyzed parliament could rally around a replacement. But Italy’s borrowing rates pulled back after Napolitano made clear he intended to tap the politically neutral economist Monti to try to head an interim government to push the reforms through. The yield on benchmark Italian 10-year bonds fell to 6.48 percent Friday, safely below the crisis level of 7 percent reached earlier this week. Greece, Ireland and Portugal all required international bailouts after their own borrowing rates passed 7 percent. The Italian economy would not be so easy to save. It totals $2 trillion, twice as much as the other three countries combined. An Italian default could tear apart the coalition of 17 countries that use the euro as a common currency and deal a strong blow to the economies of Europe and the United States, both trying to avoid recessions. The head of the International Monetary Fund, Christine Lagarde, said Saturday that Italy’s political transition over the next few days should send a “clear sign of clarification and of credibility” that the country is now on the right path to get its finances back in order. Speaking to reporters in Tokyo, Lagarde had high praise for Monti, saying she had great esteem for the “quality” economist with whom she had long enjoyed a “extremely warm” and effective relationship. The IMF has a key role to play over the next few months in overseeing Italy’s efforts to pull itself back from a Greek-style economic disaster, monitoring how it implements reforms to rein in debt and spur growth, which is projected at a scant 0.6 percent this year and 0.3 percent next year. Amid market turmoil last week, Berlusconi was forced to ask for IMF monitoring of Italy’s finances, a humiliating prospect for the eurozone’s third-largest economy and an embarrassment for the long-defiant Berlusconi. The premier, however, received a warm sendoff from one of his closest pals, Russian Prime Minister Vladimir Putin, who called Berlusconi “one of the last Mohicans of European politics” who had brought political stability to Italy.

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Peter Gardett: AOL Energy Week In Review

September 9, 2011

The end of the summer brings with it the sense, if not always the reality, of the western world returning to work. For a lot of people in the US today, there simply is no work, as unemployment numbers and straggling economic growth continue to make clear. President Obama gathered Congress together to announce his own plan for the war on unemployment, and his suggestions met with mixed response from the energy industry. In previous speeches, Obama has singled out the energy business as a major provider of jobs; in this one, with the exception of a passing reference to an Infrastructure Bank, he largely avoided the subject. No company announcement or even strategy discussion can be held today without the shadow of structural and widespread unemployment looming over. The spooling up of the 2012 election cycle in the closing days of summer and the aftermath of the great debt ceiling debacle kept jobs at the forefront of public discussion, despite earthquakes and hurricanes. The renewable energy business has been promoted as a source of job creation , and the turfing in of tens of billions of dollars in federal grants and loan guarantees has been justified by the promise of long-term employment and economic gains. But the failure of solar companies Solyndra and Evergreen Solar , both of which had received federal or state government funds, reverberated across the week as the first sign that promises might not be fulfilled. But the shake may be a natural growing pains. The solar industry is having to grow up in a very public spotlight and many in the industry say the shakeout is a natural part of an evolving market , and that the falling price of solar panels that is impacting individual solar firms is actually a benefit to the market, and the sector, overall. A Drop In An Ocean Of Gas In the meantime, solar generation has barely made a dent in overall new generation being brought online. Power plants built today will set the basis for decades of future electricity supply, and the predominance of natural gas is immediately apparent on a review of the data from the first half of 2011. Natural gas development transfixed the industry this week, particularly in the Northeastern US where New York’s state government released a long-awaited but largely inconclusive report on hydraulic fracturing, and Pennsylvania’s gas industry gathered in Philadelphia for a discussion of the Marcellus Shale. The natural gas industry is desperate to develop the Marcellus further, and to access its neighbor, the Utica shale. Development may take forced land leases , and could drive widespread shifts in generation from coal to natural gas . The outcome of that degree of change is debatable, but the scale of change underway is self-evident. Read More: The Multi-Talented Contractor Finance Advice From A Renewables Guru Utility Commissioners Blast Transmission Plan The Alchemists Dream: The Race To Replace Oil Photo Caption: Unemployed Americans line up to enter a job fair on the first day of the Labor Day long weekend in the City of El Monte outside of Los Angeles on September 4, 2010. US unemployment jumped to 9.6 percent in August, the Labor Department said, showing the recovering economy is still struggling to create jobs.

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QE3 no silver bullet for markets

September 4, 2011

By Edward Krudy NEW YORK (Reuters) – Friday’s jobs report that showed hiring in the United States unexpectedly ground to a halt in August is increasing speculation the U.S. Federal Reserve will move to stimulate the economy. But will it help stocks? Fed action — if it happens — is no longer viewed as the elixir for the stock market it once was. Wall Street tumbled over 2 percent on Friday as investors fretted more about the economic outlook rather than looking ahead to another round of Fed bond buying. Next week, the question of whether the Fed will step up to the plate with another round of quantitative easing will take center stage with a highly anticipated speech from President Barack Obama. That could make for another volatile week. This time last year, anticipation of a second round of quantitative easing, or QE2, sparked an almost uninterrupted rally that lifted the S&P 500 around 30 percent from August to May. What a difference a year makes. Confidence in policy makers is sapping away as the economy languishes, the United States grapples with the loss of its top-notch credit rating, and the European Union seems to be coming undone at the seams. Wall Street sees an 80 percent chance the Federal Reserve will intervene in the bond market to lower long-term interest rates, according to a Reuters poll on Friday. But Friday’s action in the stock market signaled that equity investors do not see that prospect as silver bullet for their woes. The broad-based S&P 500 index fell 2.5 percent on the day. “This downdraft is based on sentiment and that has to be turned around,” said Brian Battle, vice president of trading at Performance Trust Capital Partners in Chicago. “I think we’re in for a longer trend of either malaise or just a down channel.” That means traders and investors who were hoping for a return to normalcy after extreme volatility in August may have to wait a little longer. Obama is due to address a joint session of Congress on Thursday to lay out plans to create jobs, boost economic growth and lower the deficit. He faces an uphill struggle when it come to reassuring investors, who fault the lack of consensus in Washington. Heading into an election year, the disharmony is not likely to get better any time soon. Nonfarm payrolls were unchanged last month, the Labor Department said on Friday, and figures for previous months were also revised down to show employers created a combined 58,000 fewer jobs than had been thought in June and July. The U.S. Treasury market rallied after the data as Goldman Sachs and other U.S. primary dealers — big Wall Street firms that do business directly with the Fed — said they expect the U.S. central bank to start buying longer-dated bonds after its September 20-21 meeting. Seasoned traders say that August’s extreme volatility was one of the most trying periods in living memory, outstripping the 2008-2009 meltdown and the 1987 stock market crash on Black Monday. “I’ve been doing this for 20 years and it’s never been more exhausting,” said the chief executive of a New York-based proprietary trading firm, who said many of his traders closed out their positions in August, reducing the firm’s inventories to just 15 to 20 percent of what they could be. At least some of that volatility looks set to spill over into September until there is more clarity over the economy and what the Fed is likely to do at its September 20-21 meeting. But some fund managers who take a more long-term view are using pullbacks to cut back positions that have done less well while increasing positions in their preferred stocks. Many fund managers are still convinced the U.S. economy will avoid a recession and stocks will rally into the end of the year. One of them, Mark Luschini, chief investment strategist at Janney Montgomery Scott in Philadelphia, does not expect the Fed to act this month. He is not expecting a recession, but admits he has become more defensive. “We used some of the volatility to swap out lower yields for higher yields, believing that a combination of income with capital growth potential will help us weather days like today,” he said. “Equity values should still hold their own if not appreciate given the still-good corporate profit picture.” (Reporting by Edward Krudy; Additional reporting by Ryan Vlastelica; Editing by Leslie Adler)

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Halliburton Sues BP Over Deepwater Crisis

September 2, 2011

NEW ORLEANS — BP PLC has engaged in a “cover up scheme” to hide its culpability for the deadly rig explosion that spawned last year’s massive oil spill in the Gulf of Mexico, one of the oil giant’s partners in the drilling project claims in a newly filed lawsuit. Halliburton Energy Services Inc.’s suit, the latest of several that the project’s partners have filed against each other, accuses BP of concealing critical information about the deepwater well that blew out on April 20, 2010. Halliburton, which did cement work on BP’s Macondo well, claims in Thursday’s suit that BP provided false information about the location of pockets of oil and gas around the well before the blowout. Halliburton says knowing the location of those zones is critical for a cementing job. “Profit and greed” were BP’s motives for concealing the information, the lawsuit alleges. Halliburton says it likely would have insisted on redesigning the well’s production casing if it had known about an additional hydrocarbon zone that BP allegedly failed to disclose. “Such changes would have cost BP millions of dollars on a well that was already painfully over budget and behind schedule,” says the suit, filed in a Harris County, Texas, state court. In response to the suit, which seeks unspecified monetary damages, BP spokesman Scott Dean accused Halliburton of trying to deflect blame and divert attention from its role in the disaster. Dean said “multiple independent investigations” have identified “serious problems” with the cementing of the well. “BP has accepted its responsibility for responding to the spill and is accordingly paying costs and compensation,” Dean said in a statement. “In contrast, Halliburton has refused to accept any responsibility or accountability. As BP has said repeatedly, it expects other parties to accept their responsibilities and bear their share of the costs.” Halliburton’s suit accuses BP of intentionally omitting information about the location of hydrocarbon zones from its own report on the causes of the blowout. Halliburton also claims BP withheld the same information from government investigators. In addition to suing BP in the Texas state court, Halliburton also said Friday that it is amending existing claims against BP in federal court to include fraud allegations. U.S. District Judge Carl Barbier in New Orleans is presiding over tens of thousands of claims resulting from the oil spill, including the suits that companies filed against each other.

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U.S. Businesses, Wall Street Prepare For Possibility Of Downgrade, Default

July 23, 2011

NEW YORK (Emily Flitter and Jennifer Ablan) – American businesses, from Wall Street banks to major industrial corporations, are preparing contingency plans for a pair of once-unthinkable events: the United States defaulting on its debt and the loss of the nation’s top AAA credit rating. While most bankers, investors and executives still cannot imagine that politicians in Washington could be reckless enough to let the government run out of money to pay its bills on August 2, they can’t guarantee that the game of chicken that has been played in recent weeks won’t go awfully wrong. Lawmakers and President Barack Obama need to agree to raise the current $14.3 trillion legal borrowing limit by that date to avert a default but the decision is being held hostage to arguments between Republicans and Democrats about how to cut the U.S. budget deficit. And on Friday evening, the prospects of an agreement suddenly dimmed when top U.S. Republican, House of Representatives Speaker John Boehner, broke off talks with Obama, saying they had become futile because the U.S. President was demanding an increase in taxes. It all means that just as companies once formulated expensive backup Y2K plans just in case computer systems couldn’t recognize the date Jan 1, 2000, investors are devising ways to cope with financial markets pandemonium if the worst happens and the government of the world’s biggest economy runs out of cash. Ringing in their ears are dire warnings from the guardians of the nation’s financial well-being – Federal Reserve Chairman Ben Bernanke said only last week that a default would be “calamitous.” In some cases, bankers are delaying their summer holidays, while companies are making sure they have plenty of access to cash, and investors are being told to hedge their portfolios, with gold one favored asset for that. “We’ve to some degree taken on a defensive posture. We are now at 10 percent cash with so much uncertainty. In April, we were at 2 percent,” said Keith Wirtz, chief investment officer at Fifth Third Asset Management, with $18 billion in assets. At Morgan Stanley in New York it is all hands on deck at a time when many traders might otherwise be expected to be off to the beaches and the lavish mansions of The Hamptons, a very short helicopter ride from the city. “I can tell you that we don’t have any empty seats on the floor,” said Jim Caron, global head of interest rate strategy at Morgan Stanley in New York. “That will absolutely be the case the week of August 2nd,” he added. “Even with summer, no one is out of here at 4:30.” Many are dogged by flashbacks to the financial chaos in September 2008 after the Lehman Brothers collapse, and the failure of lawmakers to pass legislation to authorize a $700 billion government bailout of the banks, which sent markets into a tailspin. General Electric Co (GE.N), which was hit badly by those events, has boosted its cash holdings and cut its long-term debt in the past three years to put it in a better position to withstand such events. The largest U.S. conglomerate now holds $91 billion in cash on its books and has $40 billion in short-term debt, compared with the $16 billion in cash and $90 billion in short-term debt it had three years ago. “The main thing that we’ve done and it’s not specifically for the discussion going on in the U.S. about raising the debt ceiling or the European issue, is we just have dramatically increased our liquidity,” said Chief Financial Officer Keith Sherin, in an interview. “It’s part of our stress test that we do with our team and our regulatory and board members to be able to operate the company in the event of a significant external disruption.” Industrial equipment giant Caterpillar Inc (CAT.N) is more worried about the impact on the confidence of its customers of Washington’s debt and deficit arguments as it is about its own resilience, according to its Chief Financial Officer Ed Rapp. He said the company has very diversified funding sources and strong cash flow. “I think we’re in a good position in the event you get some disruption for a period of time.” For investors it is all about hedging risk to a greater extent than normal, which means assets that will retain their value if the dollar, U.S. stocks and U.S. government bonds head south. John Taylor, chief executive officer of the $8-billion currency hedge fund FX Concepts, said he believes gold, which is close to a record having surged over $1600 an ounce on Friday, will trade higher for another two to three months. DOWNGRADE The second previously implausible event — a one-notch downgrade in the United States government’s credit rating — is quite possible even if the ceiling is raised in the next 11 days. At least some of the biggest fund managers can’t say they weren’t warned. This week, the head of Standard & Poor’s sovereign ratings group, John Chambers, has gone on a so-called roadshow, meeting with major money managers and pension funds including California State Teachers’ Retirement System in California, to discuss the agency’s ratings outlook on the United States. CalSTRS holds $7.87 billion in U.S. Treasuries as of June 20. “I left the meeting thinking, ‘Yes, we will be downgraded,’” a fixed-income portfolio manager at a major investment firm in one of the meetings told Reuters on Thursday. “I think S&P is just trying to front-run and get us prepared.” The Obama administration has grown increasingly frustrated with S&P, accusing it of changing the goalposts in its downgrade warnings. In telephone calls to top S&P officials, the Obama administration has asked why the ratings agency keeps shortening its timeframe for long-term deficit reduction, according to sources familiar with the discussions. S&P says the criticism is “erroneous. INSURANCE Treasury traders are trying to set themselves up to guard against heavy losses in the event of a spike in yields that could — in some views — follow a U.S. downgrade. They’re also positioning themselves to make a little money if the U.S. does default and other investors call in insurance protection against their U.S. bonds. In the repo market, a place where investment banks and companies can get overnight cash loans in exchange for Treasury bills used as collateral, traders were awaiting word from securities exchanges, including CME Group, the largest U.S. futures exchange operator, and ICE U.S. Trust, on possible cuts to the value of Treasury securities used as repo collateral. None of the exchanges that handle repo trades have detailed their plans yet, but Jim Binder, a spokesman for OCC, the sole clearinghouse for U.S. stock options. said his organization was waiting to see how the market reacted to a downgrade. “Until we start to see that actual volatility, it’s still an academic exercise, not a jump into action,” he said. Bernanke and New York Fed President William Dudley met Friday with Treasury Secretary Timothy Geithner to discuss the implications if the debt ceiling is not raised. On Wednesday, top Fed policymaker Charles Plosser said that the central bank is actively preparing for the possibility of a default. The president of the Philadelphia Federal Reserve Bank said the U.S. central bank has for the past few months been working closely with Treasury, ironing out what to do if the world’s biggest economy runs out of cash. “We are in contingency planning mode,” Plosser told Reuters in an interview on Wednesday. “We are all engaged. … It’s a very active process,” he said in the most extensive comments yet on preparations for a default from a U.S. official. Plosser said there were very difficult questions to grapple with. For example, the Fed lends to banks at the discount window against good collateral. But what happens if U.S. Treasuries no longer fit that bill? “Do we treat them as if they didn’t default, in which case we would be saying we are pretending it never happened? Or do we treat them as if they defaulted and don’t lend against them?” Plosser said. “Those are more policy questions.” The Securities Industry and Financial Markets Association, the Treasury market’s main trade group, is helping securities’ firms’ back offices tweak their systems to prepare for possible missed interest payments on Treasuries or a debt downgrade. “We are working with our members, particularly on the operations side but in other areas as well, to identify any areas that may benefit from revised conventions/practice recommendations under various scenarios, but, there has been no great plan in place as this was never envisioned,” said Rob Toomey, a managing director at SIFMA and the organization’s associate general counsel. Some market participants can hardly contemplate what a default would be like. One trader at a primary dealer said: “outright default would be Armageddon. It would fundamentally alter the landscape globally.” He said the New York Fed had not reached out to his firm to make contingency plans. “I think that is a very difficult conversation to have and you’re probably not going to get a wide range of opinion on that,” he said. The market’s favored index of fear, the CBOE Volatility Index .VIX, has been at a subdued level, though after Friday’s breakdown that might not continue. It’s just above 17, which is in line with its recent range. If it rises above 20 and approaches 30, it would suggest investors were getting sufficiently nervous about market gyrations to take out more protection against losses. “Right now there’s just a minimal chance of there being no deal, but never say never,” said Dan McMahon, director of equity trading at Raymond James in New York, who was speaking before the Boehner announcement. “If there was a default, good lord, we’d fall 5 to 10 percent right off the bat,” he said of major stock indices. “It would be like October 1987, but it really doesn’t even warrant talking about right now.” (Reporting by Emily Flitter, Jennifer Ablan and David Gaffen; Additional reporting by Ryan Vlastelica, Richard Leong and Nick Zieminski in New York, Ann Saphir in Chicago and Scott Malone in Boston; Editing by Martin Howell) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Rep. Mike Thompson: It’s Time to Stop the Over-Reach by Fannie and Freddie

July 20, 2011

By Rep. Dan Lungren, Rep. Mike Thompson, and Rep. Nan Hayworth Benjamin Franklin established the nation’s first special assessment district when he created the Union Fire Company of Philadelphia, a volunteer fire department. Today there are more than 37,000 special districts in the United States. Local governments use them to pay for everything from sewer systems to sidewalks to mosquito abatement — all in response to important community concerns. In the last two years, 27 states and the District of Columbia have passed laws allowing their local governments to use their existing assessment authority (also called special improvement districts) to help homeowners and businesses finance energy efficiency and renewable energy improvements. These laws, commonly called Property Assessed Clean Energy (PACE) laws, were hailed by Scientific American as one of the top 20 ways to change the world. The idea of PACE is simple. It uses a traditional municipal finance tool to help property owners pay for the upfront cost associated with energy-saving improvements. Property owners then pay for the improvements on their property taxes over the course of up to 20 years. PACE has rapidly gained popularity because it solves a big problem — by eliminating the high upfront cost, it removes the biggest barrier to unlocking significant new investment in clean energy. Because the assessment is voluntary, only property owners who can afford it sign up. And, like other tax assessments, it stays with the property upon sale. So if you use PACE to install an energy-efficient furnace or put solar panels on your roof, but sell your home, the new owner will assume the property tax assessments — and get the benefit of the lower utility bills. It’s not just a win-win situation, but win-win-win: homeowners get the benefit of lower utility bills; workers in the stagnating construction industry get jobs; and the nation gets the benefit of increased energy efficiency and reduced energy costs. But most local governments across the country never got a chance to take advantage of the state PACE laws because Fannie and Freddie stopped them last summer. For the first time in our history, the mortgage giants asserted that PACE assessments aren’t really “assessments,” but “loans.” This is both incorrect and misguided. First, PACE programs only finance permanent energy improvements to a home or business. As already noted, the repayment obligation always stays with the property, not with the person. Second, Fannie and Freddie are concerned that PACE-financed retrofits will be paid off before the mortgage in the event of a foreclosure, leaving the mortgage giants with a loss. But the fact is the risk of default is extremely low. In fact, PACE programs already in operation around the country found that delinquencies were much lower on PACE homes than non-PACE homes. It is clear that the benefits of PACE are huge — to homeowners, to the local economy, to the environment, and to the federal, state and local governments. It’s not even a close call. Unfortunately, Fannie and Freddie are attacking state laws that save homeowners money while making their homes more valuable and energy efficient. They have set a dangerous precedent by limiting local governments’ ability to provide benefits to the public. It’s time for Congress to stop federal over-reach by Fannie and Freddie. The mortgage lending giants should not be able to interfere with local government authority to establish and maintain special assessment districts that serve a valid, important, and valuable public purpose. That’s why we’re introducing the PACE Assessment Protection Act to fix the problem — now. —– Rep. Dan Lungren (CA-3) is the Chairman of the Committee on House Administration. Rep. Mike Thompson (CA-1), a senior member of the House Ways and Means Committee, represents Sonoma County, which has the nation’s largest PACE program. Rep. Nan Hayworth, M.D. (NY-19) serves on the House Financial Services Committee, which oversees Fannie Mae and Freddie Mac.

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Week Ahead: FOMC and Bernanke’s Second Press Conference

June 17, 2011

Everyone will be watching the Federal Reserve next week, trying to read the tea leaves to determine how Fed policy makers will respond to the recent spate of lousy economic news. The Federal Open Market Committee will meet on Tuesday and Wednesday, to be followed by the release of formal announcements of Fed positions and a press conference by Chairman Ben Bernanke . Bernanke’s press conference on Wednesday afternoon will be his second and part of the Fed ’s new policy of seeking to explain its decisions to an often nonplussed American public. Bernanke’s first press conference in April was well received. No one expects any significant changes in Fed monetary policy. Interest rates will almost certainly remain at a range of 0% to 0.25%, where they’ve been for two and a half years, and there will be no expansion of the quantitative easing program scheduled to end in June. But, as has been the case for months now, investors will be closely parsing Fed language for any indication that fiscal policy could be shifting down the road. Earlier this year the thought was that the Fed would be tightening fiscal policy as the economic recovery took hold. But that sentiment has changed in the past few weeks as one economic report after another has indicated that a real recovery may be some ways off. Housing data due next week is likely to receive most of the attention in an otherwise sparse week for economic reports. A report on May sales of existing homes is due Tuesday, and one for new single-family houses on Thursday. Home sales have been at a virtual standstill for months as potential buyers sit on the sidelines waiting for prices to fall even further. The FHFA House Price Index for April is due Wednesday. Late last month, a widely watched housing index showed home values have fallen in 20 large markets. That trend isn’t expected to end any time soon. The Richmond Fed’s Survey of Manufacturing for June is due Tuesday and follows two disappointing reports from the New York and Philadelphia regions. The New York and Philadelphia reports were especially troubling because manufacturing had been one of the lone bright spots on an otherwise bleak economic landscape. In fact, the lousy manufacturing numbers out of the Northeast paired with higher inflation numbers led some to raise the specter of stagflation, a dreaded economic condition in which prices go higher but economic growth is stagnant.   An advance report on durable goods orders for May is due Friday, as is the release of the third estimate of first-quarter GDP.

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Week Ahead: Inflation and Consumer Sentiment Data

June 10, 2011

Economic data tied to inflation and consumer sentiment will garner investors’ attention next week. The past few weeks have brought a deluge of bad economic news related to housing, labor and manufacturing, and that isn’t expected to change next week. The May Producer Price Index , due for release on Tuesday, and the Consumer Price Index , set for release Wednesday, are widely watched inflation gauges. Both indexes are expected to show rising inflationary pressure due to soaring commodity prices. The indexes probably won’t show increases as large as in March and April, however, because fuel costs have leveled off somewhat, reducing prices at the gas pump. A month ago a gallon of gasoline was hovering near $4. Now it’s down to about $3.70. The May data on retail and food sales are due Tuesday and the numbers are expected to be weak due to the unexpectedly soft labor market . In May the unemployment rate unexpectedly jumped to 9.1% and the number of jobs created fell precipitously from previous months. Fewer people working will undoubtedly eat into retail and food sales. In addition, the natural disaster in Japan has reduced car inventories in the U.S., which will cut into May car sales. The June preliminary Reuters/University of Michigan Consumer Sentiment Index is due Friday. Forecasters believe consumer sentiment will be tied directly to the lower employment figures. If people feel they are less likely to find a job, or that their job may be in peril, they are less likely to spend money. That’s significant because consumer spending makes up about 70% of the U.S. economy. The National Association of Home Builders / Wells Fargo Housing Market Index for June is due Wednesday. The housing sector has been slumping for months with no end in sight. The index will reflect that slump. More housing reports are due Thursday with data tied to housing starts and building permits issued in May. The numbers have barely moved for nearly a year and that isn’t expected to change. Two manufacturing sector gauges are also due next week: the New York Federal Reserve ’s Empire State Survey on Wednesday, and the Philadelphia Fed’s Business Outlook on Thursday. Once a beacon of light in an otherwise bleak economic landscape, manufacturing has also shown weakness recently. Data related to May industrial production and capacity utilization is due Wednesday.

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Cities, States Move To Mandate Paid Sick Leave For Workers

June 6, 2011

WASHINGTON — Millions of American workers face an ugly choice when they fall ill: Either tough it out and head into work, or stay home and not get paid for the day. But in cities and states around the country, that’s starting to change. Perhaps as early as this week, Connecticut Gov. Dannel Malloy (D) is expected to sign a bill into law that would make his state the first in the country to require large employers to provide their workers with paid sick days. State legislators approved the bill Saturday after 11 hours of debate in the House and a narrow one-vote victory in the Senate back in May. Later this week, the Philadelphia City Council will probably vote on a similar sick-day measure and the Seattle City Council will likely introduce one. On the state level, a group of Georgia legislators has brought forth a bill that would let workers use their sick time to care for family members who’ve fallen ill. For people who are sick of working while sick, the passage of the bill in Connecticut marked a major victory. “I think it’s a big deal for our state and part of a trend in this country,” said Jon Green, director of the Connecticut Working Families Party . “It’s partly a matter of public health, and partly a matter of common sense and common decency. We all agree that employees should not have to choose between their health and their income.” Although many people don’t realize it, employers aren’t required to give their workers paid sick days unless local law mandates it. Local chambers of commerce and restaurant trade groups have strongly opposed such laws, including the one in Connecticut, which they claimed would burden small businesses and kill jobs. The law in Connecticut will give service-industry employees who earn an hourly wage one paid sick hour for every 40 that they work. Even though it exempts businesses with less than 50 employees, House leader Larry Cafero (R-Norwalk) warned before the vote that passing the bill would be “the absolutely worst thing we could do” in a sluggish economy. But worker advocacy groups say the impact on businesses’ bottom lines will be either negligible or non-existent, while the boon to workers’ quality of life and morale is considerable. The Drum Major Institute for Public Policy studied the impact of a paid sick-leave law in San Francisco and found “no evidence” that local businesses were hurt by it. Advocates also say there are public health concerns to consider. According to Green, the workers who don’t have paid sick days tend to be concentrated in “industries where you would least want people to come in sick”: nursing homes, day care centers, and restaurants, among other areas. Many of the same workers also receive modest wages, making them more likely to work through their illness. In Connecticut, paid sick days became an unlikely campaign issue last year for Malloy, now in his first term. Malloy had loudly supported such a measure on the campaign trail, while one of his Democratic competitors, Ned Lamont, had aligned himself with small-business concerns . A spokesperson for Malloy, Colleen Flanagan, said the governor remained committed to the issue once he took office. “It’s just one of those things he really does believe is good public policy,” she said. “It makes little sense to have front-line workers coming in sick.” Among those who had testified in favor of the bill was Cheryl Folston, a former livery service driver from Newington, Conn., who ignored pains in her chest because she didn’t have paid sick days to use for a doctor visit. It turned out she had a tumor in her chest. “Working a job without paid sick days nearly cost me my life,” Folston testified. “Sick or not, I went into work. Even if I had a cold or a flu or a stomach bug, I would be driving sick patients to the hospital and special needs kids to school. I couldn’t afford to stay home.” Folston didn’t find out about the tumor until after she was laid off. She had surgery in December and is still recovering. Currently, only three cities — San Francisco, Washington, D.C., and Milwaukee — have sick-day laws on the books, according to Ellen Bravo, executive director of Family Values at Work , a consortium of state groups that has made paid sick days its primary issue. In Milwaukee, the law remains contentious more than two years after it was passed, with business interests pressing lawmakers to roll it back. Wisconsin Gov. Scott Walker recently signed a bill into law that will prevent local municipalities from enacting such laws, pre-empting the Milwaukee ordinance. Despite the heavy pushback from business groups, Bravo said she expects other municipalities to follow Connecticut’s lead. “Every time there’s been an effort to pass some modest protections for workers, we’ve heard the same arguments,” said Bravo. “But I think we’re going to see a wave of this … There are many people for whom basic fairness matters.”

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Market Stalls But No Panic Signs Yet

June 5, 2011

NEW YORK (Reuters) – More bad days may be in store for stocks in coming weeks, but investors aren’t pressing the panic button. Not yet. With weak job growth and the end of the Federal Reserve’s stimulus program staring investors in the face, the 5 percent drop in the S&P 500 from last month’s high is half way toward the market’s definition of a correction — a 10 percent fall from a recent peak. The broad market index on Friday recorded its worst week since mid-August and its fifth straight week of declines. But fund managers displayed caution, rather than distress. Most see the recent data confirming a soft patch, or slowdown, after the government said the economy created a meager 54,000 jobs in May. Others say the economy may be headed for a double-dip recession. The sharp fall in bond yields also points to a similar concern, but a full-blown downturn in equities isn’t in the cards yet, investors say. For the year stocks still are positive, with the Dow up 5 percent, while the S&P 500 and the Nasdaq are each up about 3 percent. “The markets will be choppy. They’ll be looking for validation that this is just a soft patch we’re going through, not the economy rolling over,” said Mike Ryan, the New York-based head of wealth management research for the Americas at UBS Financial Services Inc, which oversees about $641 billion. Some concede the stock market could see further declines from sovereign debt problems in Europe or a spillover of violence in Yemen into Saudi Arabia, which could lift oil prices, hurting the consumer. The lack of market-moving economic data or corporate earnings next week could also make nervous investors hit the sell button more often than not. But the market mantra of “buying the dip,” which has worked since the Fed started round two of its quantitative easing in August could prevail. “Is another 5 percent (decline) possible here? I don’t see why it wouldn’t be, given the risk of contagion in Europe,” said Natalie Trunow, chief investment officer of equities at Calvert Investment Management in Bethesda, Maryland, which manages about $14.8 billion. “The market is constantly reconciling the fact that it’s a slow recovery. We had a painful crash and a crisis and we are painfully, gradually getting out it. This pullback, and potentially further pullbacks from here in the next couple of months — I view these as attractive entry points for longer-term investors.” Data that showed net inflows into global equity funds could confirm investors are not ready to throw in the towel. Equity funds tracked by EPFR Global saw inflows of $1.7 billion in the week ending last Wednesday, distributed evenly between developed and emerging markets. The data comes after three weeks of outflows totaling $18 billion. Bond funds took in some $3.5 billion in net inflows, a sixteenth straight week of inflows. From a technical standpoint the U.S. stock market showed some resilience also, despite the dismal jobs data. The S&P 500 on Friday managed to close just above 1,300, keeping the April low just under 1,295 as strong near-term support. To be sure, not all investors see just a soft patch in the economic data. Friday’s payrolls report confirmed the loss of momentum in the economy, which was already flagged by other data from consumer spending to manufacturing. And the end of the Fed’s QE2, which helped lift the S&P 500 30 percent in the eight months to the end of April, is robbing the market of a much-needed source of liquidity. “We’ll see a selloff in the risk-on trades, in commodities and in global and U.S. stocks and the money is going short-term into the bond market,” said Charles Biderman, chief executive of TrimTabs Investment Research in Sausalito, California. “I just don’t see where the money is coming from to take stocks higher, if the government is not going to be providing it.” (Reporting by Rodrigo Campos; additional reporting by Caroline Valetkevitch, Lucia Mutikani and Ryan Vlastelica; Editing by Kenneth Barry) Copyright 2010 Thomson Reuters. Click for Restrictions .

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John Arensmeyer: New Healthcare Regs Could Unlock Entrepreneurship

June 2, 2011

Before he’d even graduated from college, Arthur Holst knew he was destined to work for a big organization. Not because the corporate culture called to him or because he had an undying love for cubicles, but because at age 19 he had a kidney transplant. He had to work somewhere that offered good health benefits because that was the only way he was going to get the insurance he needed to survive. Starting his own company and running the risk of being denied insurance because of his health condition was not an option. “You’re not thinking in terms of taking risks, you’re thinking in terms of the security the job offered through health insurance,” Arthur said. Many years later, the Pennsylvanian is happy working for the city of Philadelphia, but he would have preferred to have the option of striking out on his own and starting a business — something he could have done if the Pre-Existing Condition Insurance Plan (PCIP) program enacted under federal healthcare reform had been in place. These plans allow individuals with a preexisting condition to obtain health insurance if they’re denied coverage. On Tuesday, the Department of Health and Human Services beefed up the program to make it more affordable and easier to participate in. And although it’s too little too late for Arthur, there are many people out there just like him who will now have the option to see where their entrepreneurial spirit takes them. The PCIP program is run by the Department of Health and Human Services in 17 states and by state governments in the rest. Thanks to the regulations issued on Tuesday, premiums in the states where the federal government administers the plans will drop, some by as much as 40 percent, and eligibility requirements will become less stringent. Instead of requiring applicants to submit rejection letters from insurance companies to prove their eligibility, they can now use a doctor’s note to verify their status. America prides itself on being the land of entrepreneurialism, yet the act of denying people coverage for a preexisting condition discourages that tradition. When someone has a great idea or invention and wants to start a new business, but is forced to stay in their current job to keep health benefits, the potential for a new business flies out the window. This scenario, often referred to as “job lock,” costs our economy startup opportunities and job growth. Small business owners Marsha and Russell Geist, owners of Metropolitan Landscape Management in Dayton, MD, would have found themselves in exactly this situation if Maryland hadn’t been ahead of the curve when it comes to preexisting condition bans. Both Marsha and Russell worked for the federal government while they were starting their landscape business, but were able to quit their government jobs and focus full-time on their start-up. However, Russell had medical issues, including a benign brain tumor, which landed him in the preexisting condition group. If Maryland hadn’t banned denying coverage based on preexisting conditions in the 1990s, Marsha would have had no choice but to continue working for the government to maintain their insurance instead of joining her husband. “It would have directly affected the growth of our business,” Marsha said. “Maryland was very proactive in making that change.” Small business employees are also the frequent victims of coverage denial based on preexisting conditions. Small business owner Rick Poore, proprietor of Shirts 101 in Lincoln, NE, spent a tremendous amount of time trying to get one of his 29 employees who suffered from pancreatitis onto his company’s group plan. If Rick had put the employee on the group plan, the costs would have skyrocketed, and it was likely the carrier would drop them altogether. Eventually, Rick was able to get his worker on the company plan without breaking the bank, but it was time and money that Rick could have spent running his business instead of jumping through one insurance hoop after another. The Department of Health and Human Services made the right decision to lower premium costs and make it easier for people to join these much-needed programs. These new regulations will make it easier for employees like Rick’s and would-be entrepreneurs like Arthur to get the coverage they need while working in the jobs they love.

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Sarah Palin, Donald Trump Meeting In New York City

May 31, 2011

NEW YORK — Sarah Palin and Donald Trump exchanged words of admiration Tuesday after a brief meeting at the real estate magnate’s penthouse in a Manhattan skyscraper bearing his name. Palin, the former Republican vice presidential nominee, said she and Trump shared similar ideas for improving the U.S. economy, while Trump called Palin a “terrific woman and a terrific friend” whom he hoped would seek the GOP presidential nomination. The meeting, part political parley and part reality TV show, capped the third day of Palin’s bus trip through historic sites along the East Coast. Palin has said she is considering joining the field of Republican candidates vying to challenge President Barack Obama next year. Earlier, Palin, her husband, Todd, and several family members toured sites in Pennsylvania, including the Gettysburg Civil War battlefield and Philadelphia’s Independence Hall. Trump, the multimillionaire host of Celebrity Apprentice who mused about a presidential bid himself before dropping out of the running earlier this month, made headlines painting the U.S. as a country in decline. He criticized China for unfair trade practices and said the U.S. under Obama had become a “laughing stock” to the rest of the world. Palin apparently heeded those words, saying she and Trump shared a similar world view. “What do we have in common? Our love for this country, a desire to see our economy put back on the right track,” Palin told reporters after a 15-minute meeting with Trump outside the Trump Tower, where he owns a three-floor penthouse. “To have a balanced trade arrangement with other countries across this world so Americans can have our jobs, our industries, our manufacturing again. And exploiting responsibly our natural resources. We can do that again if we make good decisions,” Palin said. Trump demurred when asked if he would support a Palin presidential candidacy. “She didn’t ask me for that. She came up as friends,” Trump said. “She’s a great woman, a terrific woman and a terrific friend. I’d love her to run.” Palin added, “We both agree that competition is good and the more folks in that primary, the better.” After the meeting, Trump and his wife, Melania, rode in a stretch limousine with Palin, her parents and youngest daughter Piper to have dinner at a pizza restaurant in Times Square. The Palins planned to visit Ellis Island and the Statue of Liberty Wednesday morning.

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CNBC Anchor Mark Haines Dies

May 25, 2011

NEW YORK — Mark Haines, co-anchor of CNBC’s morning “Squawk on the Street” show, died unexpectedly on Tuesday evening, the network said. He was 65. The network said he died in his home. It did not specify the cause of death. Haines worked at CNBC for 22 years after working as a news anchor at TV stations in Philadelphia, New York and Providence, R.I. He was the founding anchor of CNBC’s “Squawk Box” morning show. In 2005, he started co-anchoring “Squawk On The Street,” a 9 a.m. to 11 a.m. show, with Erin Burnett, while “Squawk Box” was pushed to an earlier slot. Burnett recently left CNBC to host a general news show on CNN. CNBC President Mark Hoffman said Haines was “always the unflappable pro.” “He was an authentic voice in business media,” said Eric Jackson, who runs the hedge fund Ironfire Capital. “He resonated with so many people because he would speak out, and with opinion. Too often the media lets the corporate PR army and highly trained CEOs get their points across without question. He wouldn’t let that happen.” WATCH: Barry Ritholtz, head of the research firm Fusion IQ and frequent guest on CNBC, said Haines was “a no-nonsense straight shooter. He knew what questions to ask and how to ask them.” Ritholtz said that the biggest complaint about CNBC in the 1990s was that its anchors cheered on the stock-market bubble. He said the exception was Haines, who was always skeptical. “He was trained as an attorney,” Ritholtz said. “He brought that keen lawyer’s eye to everything he did. It wasn’t something often seen in the financial media.” Haines had a law degree from the University of Pennsylvania and was a member of the New Jersey State Bar Association, CNBC said. Haines is also remembered for calling a bottom to the stock market decline on March 10, 2009, his first call of the recession. The Dow Jones Industrial Average never closed below its level of March 9. Haines is survived by his wife, Cindy, his son, Matt, and daughter, Meredith. CNBC said funeral arrangements have yet to be made.

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WATCH: College Grads Move Home, Face Uncertain Futures

May 24, 2011

LANSDALE, Pa. — One midnight in April, Sabrina Malik pulls her red Chevy Blazer into her mother’s asphalt driveway, removes the keys from the ignition, and stops to take a deep breath. Alone in the darkness, a sense of defeat courses through her body — disappointment about her past and uncertainty about what lies ahead. This, she thinks to herself, is surely what failure feels like. Six years ago, Malik fled this town for Syracuse University. Since graduating in 2009 with a bachelor’s degree in art history, she has yet to find a decent job. She hadn’t planned on moving back home and, at the age of 23, never expected to return to her mother’s house for an extended and open-ended period of time. “At times, it really feels very personal, it really feels like I’ve failed,” says Malik, standing in the kitchen of her mother’s two-story stone house and recalling the eight weeks since she returned home. She’s wearing khaki shorts and white socks that come up to her ankles. Glasses frame her brown eyes and wavy chestnut hair grazes her shoulders. “Your dream is a very personal thing and when you can’t do it, it feels like you’re being told that you’re not talented enough and that you haven’t worked hard enough.” After graduating from college, Malik moved to Boston. There, she worked as a nanny, sold books, and waited tables — a series of dead-end jobs that didn’t pay more than the minimum wage, didn’t require a college degree, and weren’t remotely related to what she wanted to do for the rest of her life. Two months ago, she ran out of money and drove home from Boston to Lansdale, a middle-class suburb north of Philadelphia, her car brimming with the contents of post-college life: canned food, twinkle lights, potted plants. A dozen of her paintings, stacked to the ceiling, kept hitting the back of her head. When a gas station attendant in New Jersey asked why she was moving and where she was headed, Malik didn’t know quite how to respond. She’s hardly alone. Malik is part of a generation of 20-somethings that’s experiencing what it’s like to graduate from college, move back in with your parents, and then get stuck there. Though estimates vary, a recent study by Twentysomething Inc., a consulting firm specializing in marketing to young adults, predicted that of the 2 million graduates in the class of 2011, 85 percent will return home because they can’t secure jobs that might give them more choices and more control over their lives . To be sure, having a college degree still matters. Nationwide, while the unemployment rate hovers around 9 percent, the jobless rate for college graduates 25 years and older is 4.5 percent. By contrast, 20 to 24-year-olds who only have a high school diploma are contending with an unemployment rate of nearly 20 percent. While college graduates typically navigate periods of economic decline far better than those lacking such credentials, the past few years have still taken an especially brutal toll on them. According to the U.S. Bureau of Labor Statistics, the jobless rate for younger workers with a college degree has more than doubled since the recession began four years ago — from 3.5 percent in April of 2007 to 6.4 percent in April of this year. For college graduates under the age of 25, finding stable work is a particular challenge. According to Andrew Sum, an economist at Northeastern University, about half, or 3.2 million, are “underutilized”  — meaning they’re unemployed, working part-time, or working a job outside of the college labor market, such as bartending or waiting tables. Added to the lack of jobs is an increased amount of debt. Student loan debt recently outpaced credit card debt in terms of total amounts owed by borrowers. By year’s end, it is on track to surpass a trillion dollars, according to Mark Kantrowitz, an expert on student financial aid who runs the websites FinAid.org and Fastweb.com. According to the Institute for College Access and Success, an independent, nonprofit organization that works to make higher education more affordable, the average graduate finishes school with $24,000 of debt — though many struggle to repay far more. Like Malik, many 20-somethings are experiencing early adulthood as one long pause in their lives, affecting not only conventional coming-of-age milestones such as becoming financially independent, but more deeply personal things as well — like their hopes and their dreams.  THE AMERICAN DREAM Recently, after sending out dozens of resumes and cover letters, all of which went unanswered, Malik’s spirits plummeted. Even rejection feels better than no response at all, she thought to herself. In her second-floor bedroom, where handmade quilts cover the bed and charcoal drawings line the walls, she tries as best she can to avoid her mother’s notice. Mostly, she just doesn’t want her to worry. But Marilyn Malik is close to her daughter and is an expert at reading Sabrina’s shifting moods. “Sabrina gets down on herself and I worry,” says Marilyn, sitting in her home office in the basement, where she works as a nursing supervisor for a health insurance company. While she says that her daughter is welcome to live in the house for as long as she needs, she hopes that Sabrina might find a job sooner rather than later. And Marilyn is adjusting to the fact that her daughter’s path may not mirror the one she took 30 years ago, when, as a college-educated young woman, she first ventured out into the world.  Marilyn, 53, grew up in a small town in the Poconos. Her father worked as an electrician; her mother worked as a nurse. Marilyn studied nursing in college and she and her parents split the $4,000 annual tuition. She worked as a waitress to earn her share. A few years after college, Marilyn married Ajmal Malik, a Pakistani immigrant. He attended college at the University of Lahore in Pakistan and earned two master’s degrees after moving to the U.S. The couple made their home in Plymouth Meeting, Pa., where they raised Sabrina and her older brother Omar, who’s now 25. In those early years, Ajmal, an accountant, worked his way up the ladder while Marilyn picked up night shifts at the nearby hospital. She describes their standard of living as lower-middle-class — borrowing money to purchase their first starter home and relying on quick, cheap dinners of soup and biscuits to get by. Ajmal died of cancer when his children were nine and 11, leaving Marilyn to support an entire household on her income alone. “You grieve for yourself, and you grieve for your kids,” explains Marilyn, who started working full-time after Ajmal died and has yet to let up. Sending both kids to college was always the plan. The majority of the payout from her deceased husband’s life insurance went towards a college savings account, which ultimately wasn’t enough to cover the high costs associated with sending two kids to out-of-state schools. Marilyn paid about $100,000 for Sabrina to attend Syracuse University in upstate N.Y. and took out another $20,000 in loans to cover the rest. Sabrina and Omar, who attended the University of Maryland, Baltimore County, will have to shoulder their own graduate school costs, however. “She’d probably say no to doing things if she knew how much everything cost,” says Marilyn, who pays down the $20,000 in Sabrina’s student loans while also saving up for her own retirement. Sabrina is struggling to pay off about $2,000 in credit card debt and her remaining student debts weigh on her relationship with her mother. Marilyn hates owing money and tries to put an extra $100 or $200 towards paying down the student loans whenever she can. Marilyn and Sabrina find it hard to talk about Sabrina’s student loans and generally avoid the subject. Sabrina wishes she could do more to help her mother pay the debt and had planned on having a job after graduating that would allow her to do that — yet another part of her future that hasn’t exactly gone as planned. While living in Boston, she made barely enough to cover her own rent and utilities, let alone scrape together enough extra to help her mother with the monthly loan repayments. Sabrina also wonders whether paying so much for college has made her mother’s own life more insecure. “I know she’s further away from her own retirement because she sent us to such expensive schools” says Malik, whose plans for graduate education are indefinitely on hold until she can save up some money. Right now, even $80 application fees for graduate school seem like a lot.  Although Marilyn remarried a few years ago, her first husband’s absence is deeply felt — especially now, when their daughter is struggling. “I wonder if he had been around, whether my kids would have been better placed, whether they would have received better advice,” says Marilyn, who plans to work for at least another decade. She long ago decided that sending her kids to college was more important to her than saving for the day when she could retire. By this point in her life, Marilyn imagined that her daughter would have already embarked upon a well-paying career and be living on her own. She also wonders what it means for the next generation of 20-somethings, and whether they’ll have access to better opportunities than their parents’ generation. “My generation had it better than what my parents had and you’d think it would continue progressing that same way,” she says. “Historically, each generation gets better as it goes along — they’re more affluent, they have more education, they reach more goals. This generation, you would hope that would happen, too, but it doesn’t seem to be going that way.” DREAMS ARE CHEAP Half a century ago, 77 percent of women and 65 percent of men had attained traditional markers of maturity by their 30th birthday: They had left home, finished school, gotten a job, married, and started a family. According to the U.S. Census Bureau, by 2000, less than half of 30-year-old women and just one-third of 30-year-old men had attained similar markers of adulthood. A lot, but not all, of the shift has to do with work — or, more specifically, a lack of work, say analysts and others . They argue that the current recession has pushed 20-somethings farther and faster in a direction they were already headed. Sending your kid to college once was a way of ensuring their sure-footed success. But with 20-somethings mired in debt and confronting a dearth of decent-paying jobs, many are returning to the nest. “I can assure you that few people in my generation are living high off the hog in their parents’ house,” says Matthew Segal, the 25-year-old founder of Our Time , a national membership organization for young people under 30. He says he resents the popular characterization of 20-somethings as lazy and unmoored. “Trust me, they’re not getting too comfortable sleeping in their childhood bedroom or eating out of their parents’ fridge. They’re moving home because they don’t have jobs and they have a lot of debt.” Except for designated downtime, when she’s either making art or weaving on her loom, Malik spends much of her time avoiding thinking about what became of the goals her parents helped her to set. Her mother always encouraged her to think and dream big. Yet since graduating from college, she’s found herself doing the exact opposite. Her dream for the future used to encompass a well-appointed and comfortable life — a farmhouse, two artist studios, a husband, and several children. “But it’s not worth dreaming so big anymore,” says Malik. “My plans now are far less extravagant. I guess I’m learning to dream on a much smaller scale.” Specifically, she doesn’t think she’ll be able to afford a home as nice as her mother’s. Nor, she predicts, will she be able to send her own children to schools as fancy as those that she attended. “The hope that things are going to get better is really all we have,” she explains. “I mean, on top of being the generation that’s struggling, we don’t want to be the generation that’s cynical, too.” Some scholars attribute such hard-wired optimism to the way that the parents of 20-somethings raised them. Morley Winograd and Michael D. Hais co-author books about millennials (typically defined as the generation born between 1982 and 2003). “Millennials were raised the way Bill Cosby told parents to raise their kids — set rules, show encouragement, don’t use physical discipline, build up a child’s self-esteem,” explains Winograd. “If you tell someone from zero to 13 that they’re always doing a nice job and that they’re really special and wonderful, they’ll wind up believing they are.” Self-confidence breeds optimism, according to Winograd and Hais, even when times are tough. “The millennials don’t have a sense that everything is wonderful, because obviously it isn’t, but they believe as a country that things will get better and their lives will also get better,” says Hais. “In part, it’s because they’re young and they actually have time to accomplish this. But it’s also because generations like the millennials feel they’ve accomplished good things in the past and that they will again in the future because their parents told them so.” Jeffrey Jensen Arnett, a psychology professor at Clark University, is also struck by the optimism of the young adults that he studies. “I think the main reason for their optimism is that dreams are cheap in emerging adulthood. That is, their dreams haven’t yet been tested in the fires of real, adult life. And who knows, maybe they really will find their dream job?” In general, young people are taking longer to assume more traditional adult responsibilities and young lives are unfolding in a less predictable sequence , Arnett says. He views the twenties as a new and distinct life stage and classifies it as “emerging adulthood.” According to Arnett, this stage generally starts around the age of 18 and continues until an individual is in his or her mid-to-late twenties. While the category itself is fluid, “emerging adulthood” refers to a time during which young people are relatively free of obligations. But many 20-somethings, like Malik, are increasingly delaying adult responsibilities because they can’t secure a job stable enough to allow them to take the steps necessary to establish an independent life. As such, even youthful optimism has its limits . Despite a general proclivity toward positive thinking, analysts say current circumstances are weighing down this generation of 20-somethings. “The mood for young people definitely isn’t as optimistic as it’s been in the past,” says Carl Van Horn, a professor of public policy at Rutgers University. Last week, he and his colleagues released a study titled “Unfulfilled Expectations: Recent College Graduates Struggle in a Troubled Economy.” It polled young people who graduated from college between 2006 and 2010. “You expect people to be optimistic when they’re young about their ability to get ahead,” Van Horn says. “It’s pretty clear that this group of college students are feeling very much like their opportunities have been stunted.” A FALSE PROMISE? Since moving home, the highlight of Malik’s weekend involves walking to the edge of her mother’s driveway on Sunday morning and retrieving the hand-delivered copy of The New York Times . She’s on a $15 weekly budget and getting the paper delivered is a rare indulgence. Last Sunday, Malik accompanied her extended family to a pancake breakfast to support the local firehouse in the nearby town of Sellersville, Pa. Without traffic, it’s about a 20-minute drive from Lansdale. As her family and some of her mother’s friends waited for a table, Malik carved out a tiny space where she sat and read the paper in silence. She wasn’t up for answering the questions that usually follow — about what she was up to, or how the job search was going. She mostly just needed a break from the constant inquisition. “I spend a lot of my time trying as best I can to appease everyone and show them that I’m in good spirits and putting forth all this extra effort,” says Malik. “Every once in a while, I just need to be by myself. They know what I’m going through.” Even the relentless optimism of millennials is straining under the depth and length of the current recession. A poll released in April by AP-Viacom indicated that among Americans between the ages of 18 to 24, there was skepticism about the notion that life would improve with each passing generation. Four in 10 of those surveyed predicted difficulty in raising a family and affording the lifestyle they felt they deserved. Like homebuyers who took on outsized mortgages they couldn’t afford, either out of ignorance or because banks cajoled them, in order to realize the American Dream of home ownership, many students and their parents have taken on crushing piles of educational debt in order to realize another part of the American Dream: a college education. Andrew Sum, a 64-year-old economist at Northeastern University who’s studied the college labor market for the past 30 years, thinks the current economic slump is giving both recent graduates and their parents a rude awakening. Sum grew up in Gary, Ind. with a father who worked as a welder. While he says that he and his four siblings were able to achieve a better life than their parents, for the first time in recent American history, the majority of the young people he studies are not. “Every generation ought to try and leave behind a better world for the next generation,” says Sum. “And until recently, it’s generally been true that the next generation exceeded the living standard of the current one. But over the last decade, that’s no longer the case.” One of Sum’s pet theories is the “age twist effect.” He says that over the decade from 2000 to 2010, the younger someone was, the more likely they were to get fired or be otherwise left without a job. Historically, and in every decade since the U.S. Bureau of Labor Statistics began compiling such data, it’s been the exact opposite. Sum’s findings conclude that 7 million more young people under the age of 30 would be working today if the labor market behaved as it did only a decade ago. Sum and his colleagues predict that underutilization and underemployment will leave an indelible mark on this generation. In the near term, Sum finds college graduates moving home, and staying there. And while college degrees matter, they only matter if young people are able to then convert them into a job — hence, generating the considerable college premium. “If you can manage to do that, you can do well,” says Sum. “But if you end up outside, you’ll only do marginally better than someone who has a high school diploma and those losses stay with you for a lifetime.” For Malik, both in terms of her current and future income, the longer she’s out of work, the more dire the consequences will be. Being unemployed is always worse than working, but it’s ultimately the type of job she gets that will affect her future stability. For instance, should Malik secure yet another job outside the college labor market — working again as a nanny or as a clerk in a retail shop — the chances that she’ll regain a more permanent economic toehold will grow ever more unlikely. The impact that the job she lands will have on her future wages is likely to be staggering. For the public at large, Sum finds there’s a 73 percent gap in the annual earnings of college graduates that have a college labor market job versus those that work in a job that doesn’t require a degree — say, the difference between working as a paralegal and a receptionist in a law firm. Bachelor’s degree holders between the ages of 22 to 64 that have a college labor market job make an average salary of $52,873. Those working outside the college labor market earn $30,503 — or a difference in salary of more than $22,000 a year.  But many 20-somethings, like Malik, are also struggling with what is likely a case of bad economic timing. Graduates of 2009 were hit especially hard. A study conducted by the  John J. Heldrich Center for Workforce Development at Rutgers indicates that 50 percent of 2009 graduates are either unemployed or working in jobs that don’t require a college degree. Lisa B. Khan, who studies economics at Yale’s School of Management, recently conducted a study that looked at the long-term impact of graduating into a weak economy. Khan examined young people that graduated from college during the peak of the recession that occurred in the 1980s. In their first three years on the job market, Khan found they made about 30 percent less than classmates with more advantageous economic timing. And their subsequent salaries, even a dozen years later, were between eight and ten percent lower. This means that it might take Malik, who graduated two years ago during the beginning of a particularly brutal recession, up to a decade to recover the wages she might have earned had she sidestepped the downturn altogether. Paul Oyer, an economist at Stanford University, concedes that young people who start work when times are tough not only get behind, but generally have a tough time catching up. But Oyer also thinks that luck plays a role in the making of any successful career, good economic times or bad. What does concern him is that some historical trends seem to be withering in the current economy. Although wealth in America has increased from generation to generation, Oyer isn’t convinced that the current generation of 20-somethings will enjoy the rewards of a similar phenomenon. He attributes the shift to globalization and the number of available jobs. Because of these factors, he doesn’t think it makes much sense for young people to pile on educational debt to attend elite schools when they have less expensive alternatives — unless, of course, their parents are willing to go on the hook for it. Parents exert a powerful shaping force on their children’s decisions to go to college, as well as which college to attend. In addition, they are often caught up in the emotional rush that a college education entails, further complicating an issue that has already become a financial minefield for the middle class. “All along, I was going to make it work,” explains Marilyn. “If I had to take out loans, I was going to do that.” Once Sabrina and Omar were admitted into the colleges of their dreams, Marilyn saw it as her personal responsibility to make sure they could attend — even when it meant taking out additional loans in order to finance it. And while Marilyn says she doesn’t regret her investment, she assumed that a $120,000 degree would at least translate into a decent-paying job for her daughter. “One thing that terrifies parents more than budget deficits or a weak economy is job security for their kids. They’re afraid they won’t be able to pass along their middle class status to the next generation,” says Anthony P. Carnevale, who directs Georgetown University’s Center on Education and the Workforce. “In raising a child in America, the fear of failing is just enormous. Sending your kid to college used to pretty much guarantee their future success. It no longer necessarily works that way.” And, of course, what if this generation simply doesn’t value the same things their parents’ generation did? John Della Volpe, who directs polling at Harvard University’s Institute of Politics, spends much of the year gauging the thoughts of young people. His company SocialSphere recently conducted a study of 5,000 millennials between the ages of 16 and 24. It asked them to think about the next five to seven years of their lives and to rank the importance of what they hoped to achieve. His findings indicate that many young people aren’t focused on becoming famous or making piles of money. On the contrary, their hopes for the future revolve around making a contribution to society and staying in close touch with family and friends. “There’s a potential for this younger generation to have an economic reset,” explains Della Volpe. “It’s now okay to stay in your hometown.” AN UNCERTAIN FUTURE When it’s your decision, returning to your hometown is one thing. Being stuck there feels like something else entirely.  Malik says her days are an exercise in resilience. She has yet to shake her loneliness and general feeling of isolation. Most weekdays, she gets up by nine o’clock and immediately forces herself to get dressed. After breakfast, she typically positions herself on one of two floral upholstered couches in the sunroom, where, with laptop in hand, she begins the daily chore of scouring websites for job openings. When not job hunting, Malik helps out around the house — taking out the trash, doing the dishes, going grocery shopping, walking the dog, or making dinner a few nights a week. In some ways, the chores remind her of being in high school. Before her mother remarried and she and her brother headed off to college, it was just the three of them helping out around the house. Growing up, when her mother made dinner or when the house needed cleaning, the two siblings alternated chores. “Now that I’m back, I do those same kinds of things and it feels like the least I can do,” explains Malik. “It doesn’t feel like a task or a chore. I’m just helping my mom out, like I’ve always done.” But now, Malik is a grown woman. Part of her yearns for her own place where she can come and go as she pleases, and where the rules are hers and hers alone. On visits to see her boyfriend, who lives in Brooklyn, N.Y. and works for a private art collector, she sees glimpses of the independent life she expected to be living by now. Until she can land her ultimate gig of working as a curator in an art gallery, or begin a long trajectory of jobs that might eventually get her there, she’s looking for something to pay the bills. She’s looked into working as a clerk in a local retail shop and selling hot water heaters. Businesses in Lansdale are inundated with swarms of recent colleges graduates looking for any job they can get. Locally, there’s the option of working for a big pharmaceutical company, Starbucks or Walgreens, but not much else. When things start to feel overwhelming, Malik finds it helpful to make lists of things to accomplish. The current two-page iteration lists everything from big to small stuff — like getting a job and someday opening an art gallery to straightening her hair and eating fewer bagels. A recent addition, which has yet to be crossed off, is that Malik aspires to be less hard on herself. Namely, that for the time being at least, it’s okay to allow herself to feel sad sometimes. “Right now, it’s a battle of trying to remain levelheaded — and I don’t know if it’s trying to stay optimistic, or become more realistic, or just learn to be okay with going through the motions,” she says. “It feels like a lot of pressure. I want to make everyone proud. I want to blow everyone out of the water with everything I’ve accomplished. And I just can’t get there.” 

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Video: Nutter Says Philly Schools in `Tough’ Funding Situation

April 29, 2011

April 29 (Bloomberg) — Philadelphia Mayor Michael Nutter talks about the funding of the city’s education system and the impact of education on the city’s future. Nutter speaks with Betty Liu on Bloomberg Television’s “In the Loop.” (Source: Bloomberg)

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The U.S. Banking Industry Is Shrinking: Who Benefits?

April 28, 2011

By Knowledge@Wharton Though the U.S. banking sector was in recovery mode in 2010, it still managed to reach some highs and lows. There were 157 bank failures in the country last year, the most since 1992, according to the Federal Deposit Insurance Corporation (FDIC). And the number of new bank charters was at an historic low — 11, compared with 181 three years earlier. With so many banks leaving the sector and so few entering it, a long-anticipated consolidation process is now under way. The U.S. is expected to end up with no less than 6,529 commercial banks and 1,128 savings institutions by the end of this year. That is a 4.4% decline from the previous year, and it leaves the country with nearly half as many institutions as it had 20 years ago, according to the FDIC. What does this consolidation mean for the banking sector’s next 20 years? Should consumers be concerned about the shrinking number of banks? Many experts expect consolidation to continue, and predict that the trend will leave the banking system better off in the long run. “We don’t really need as many banks as we used to,” says Jack Guttentag , a finance emeritus professor at Wharton and former economist at the Federal Reserve Bank of New York. “Banks now have the power to [set up branches] wherever they want to, so what really matters is how many options a customer has in a certain market.” Therein lies the challenge, according to Kenneth H. Thomas, a Wharton lecturer of finance. As he sees it, not all customers will benefit from greater consolidation. A market, such as the one in the U.S., that is “over-banked,” with a supply of banking services exceeding demand, “is generally good for consumers and businesses because it results in lower prices — i.e., lower loan rates, loan/deposit fees and higher deposit rates — and higher output [in terms of] more varied and innovative products,” he notes. “Some may argue that ‘over-competition’ [or over-banking] could drive weaker banks out of business” — as happened to Washington Mutual, the savings institution that collapsed in 2008 — “but then someone else comes in and replaces them, yet may reduce the number of offices and amount of services.” History Lessons It is no accident that the U.S. has had such a large number of banks. Rather than setting up one, large national bank as other countries do, the U.S. federal government rolled out various laws in 1784 to encourage multiple banks in individual states. In 1863, a new banking act introduced a national charter that encouraged the establishment of more financial institutions even as it taxed banks with state charters. Nearly 70 years later, with the dawn of the Great Depression, the country had more than 30,000 banks. But the stock market collapse took its toll. In 1933 alone, about 4,000 commercial banks and 1,700 savings and loans institutions failed. The next wave of consolidation occurred in 1994 with the arrival of the Riegle-Neal Interstate Banking and Branching Efficiency Act. That made interstate expansion easier, whether it occurred through M&A activity or organically. The number of banks began shrinking annually by about 4.5% before another period of expansion in the late 1990s, according to the FDIC. With another swing of the pendulum last year, consolidation returned to 1994 levels. But in contrast to previous times, much of the consolidation has been due to failures rather than through M&A. Shuttered banks have ranged from American National Bank of Ohio, a small institution with assets of $70 million that had struggled for years to turn a profit and was under regulatory pressure until it was closed in March, to $25 billion Colonial BancGroup of Alabama, which closed its doors in the summer of 2009, a few days after regulators started an investigation into accounting irregularities. As the third largest failure in U.S. history, all of Colonial’s deposits were sold to BB&T, turning it into the ninth-biggest U.S. bank by assets, according to Bloomberg. As for M&A, there were 197 deals last year, a 20-year low. Loretta J. Mester, a Wharton adjunct professor of finance and director of research at the Federal Reserve Bank of Philadelphia, expects consolidation to continue over the next few years. “In the short term, I think consolidation will pick up as weaker banks go through mergers and acquisitions, and stronger banks take time to get their capital shored up” in their pursuit of greater efficiency and economies of scale, she notes. The Little Guy The institutions that will likely be hardest hit by all this activity will be the community banks. Most of these small, locally owned banks have less than $1 billion of assets, but account for 92% of all banks and savings institutions, says the FDIC. For many of them, the arrival of the recent Dodd-Frank Wall Street Reform and Consumer Protection Act was a death knell.Tougher controls involving capital, liquidity and leverage, and a surge in regulatory red tape, have left such banks struggling, particularly those with less than $500 million of assets. “Many small banks feel that they are being pushed out of existence by new regulations,” Thomas states. Their plight hasn’t been lost on the FDIC, which has launched various initiatives to give community banks some relief. A few weeks ago, for example, it released guidelines that lighten requirements for how these banks manage customers whose accounts are consistently overdrawn. The FDIC has also been encouraging entrepreneurs to buy troubled banks. According to Thomas, this trend started two years ago, when new charters were hard to come by. A case in point: BankUnited, a 70-branch Miami Lakes, Fla.-based financial institution, was taken public earlier this year after the FDIC sold it in 2009 to a bevy of private equity investors led by John Kanas — the former chief executive of a Long Island regional bank sold a few years ago to Capital One. Todd A. Gormley , a Wharton finance professor, says community banks play an important role in local economies. They typically have close relationships with individual customers, while, for example, making loan decisions based more on personalized information than the credit scores and other hard data used by large banks. “Smaller firms and local individuals trying to get loans from larger banks could be a subset of the population that is worse off because of consolidation,” Gormley suggests. There is also something to be said for the often underrated efficiency of smaller lenders that rely on personal relationships as a guarantee against loan defaults. In a study published last year, Stephanie Moulton, a professor of public affairs at Ohio State University, found that borrowers with low incomes or bad credit are significantly less likely to default on loans if they borrow from a local bank than if they receive a loan from a distant bank or mortgage company. Personal relationships, she concluded, are an important factor in the reciprocal relationship between lender and borrower, resulting in both sides offering critical information, such as repayment schedules. Easy Come, Easy Go According to Guttentag, consolidation also leaves a handful of banks controlling the majority of certain types of products. Four “mega banks” — Wells Fargo, Bank of America, JPMorgan Chase and Citigroup — now hold three-fifths of the home mortgage market, which limits consumers’ choice of products and their ability to shop around for competitive pricing. “It’s a textbook issue of a concentration of power,” Guttentag says. “A limited number of firms control the market, and they will engage in implicit collusion.” Thomas, meanwhile, is concerned about the concentration in geographic markets as a result of ongoing consolidation. While there are more than enough banks in the entire country, some cities, states and regions have just one dominant bank. “There are a few markets in danger of becoming a one-bank or two-bank town,” he says. For example, in the Pittsburgh metropolitan area, PNC Bank has 47% of the deposit share, according to the FDIC. The second-largest bank in the area is Citizens Bank of Pennsylvania, which has 8.5% of the deposit share. “We need competition because competition lowers prices,” Thomas states. While there are no limits on deposit shares in certain markets, 1994′s Riegle-Neal Act imposes a 10% cap on nationwide deposits for a single bank. That has since been interpreted as a cap on growth that occurs through mergers rather than organically. The Treasury Department is now looking into modifying the cap to include all consolidated liabilities. But Mester says consumers need not worry. “When there is consolidation, there are not necessarily fewer outlets for banking services,” she notes. While the total number of banks may be declining, the number of branches isn’t. Additionally, no matter where they are, consumers have access to a growing number of Internet banking options. In the last 10 years, the number of bank branches nationwide has increased 15%, although that expansion has primarily involved banks with $500 million or more in assets. The number of branches dropped slightly for the first time in a decade in 2010. As for the future, Guttentag predicts that the number of banks will continue to shrink, but he doubts the U.S. will ever look like, say, Canada — which has just 22 banks. Indeed, if consolidation continues as it has over the past 20 years at the average annual rate of 3.3%, it would take 60 years for the total number to fall below 1,000 banks and nearly 130 years to get below 100. “Even if the number of banks shrinks from 6,000 to 100, if those 100 are operating in all market segments and if consumers have many options, there is no reason for concern,” Guttentag says. Additional reading from Knowledge@Wharton: The Dodd-Frank Financial Regulatory Law: Long-Awaited Cure — or Cause for ‘Wild-Eyed Alarm’? ‘A Major Transformation’: The Pros and Cons of the Dodd-Frank Act The Coming Meta-Boom and Meta-Bust — One Economist’s View

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When Is Tracking Too Much?

April 24, 2011

SAN FRANCISCO — If you’re worried about privacy, you can turn off the function on your smartphone that tracks where you go. But that means giving up the services that probably made you want a smartphone in the first place. After all, how smart is an iPhone or an Android if you can’t use it to map your car trip or scan reviews of nearby restaurants? The debate over digital privacy flamed higher this week with news that Apple Inc.’s popular iPhones and iPads store users’ GPS coordinates for a year or more. Phones that run Google Inc.’s Android software also store users’ location data. And not only is the data stored – allowing anyone who can get their hands on the device to piece together a chillingly accurate profile of where you’ve been – but it’s also transmitted back to the companies to use for their own research. Now, cellphone service providers have had customers’ location data for almost as long as there have been cellphones. That’s how they make sure to route calls and Internet traffic to the right place. Law enforcement analyzes location data on iPhones for criminal evidence – a practice that Alex Levinson, technical lead for firm Katana Forensics, said has helped lead to convictions. And both Apple and Google have said that the location data that they collect from the phones is anonymous and not able to be tied back to specific users. But lawmakers and many users say storing the data creates an opportunity for one’s private information to be misused. Levinson, who raised the iPhone tracking issue last year, agrees that people should start thinking about location data as just as valuable and worth protecting as a wallet or bank account number. “We don’t know what they’re going to do with that information,” said Dawn Anderson, a creative director and Web developer in Glen Mills, Pa., who turned off the GPS feature on her Android-based phone even before the latest debate about location data. She said she doesn’t miss any of the location-based services in the phone. She uses the GPS unit in her car instead. “With any technology, there are security risks and breaches,” she added. “How do we know that it can’t be compromised in some way and used for criminal things?” Privacy watchdogs note that location data opens a big window into very private details of a person’s life, including the doctors they see, the friends they have and the places where they like to spend their time. Besides hackers, databases filled with such information could become inviting targets for stalkers, even divorce lawyers. Do you sync your iPhone to your computer? Well, all it would take to find out where you’ve been is simple, free software that pulls information from the computer. Voila! Your comings and goings, clandestine or otherwise, helpfully pinpointed on a map. One could make the case that privacy isn’t all that prized these days. People knowingly trade it away each day, checking in to restaurants and stores via social media sites like Foursquare, uploading party photos to Facebook to be seen by friends of friends of friends, and freely tweeting the minutiae of their lives on Twitter. More than 500 million people have shared their personal information with Facebook to connect with friends on the social networking service. Billions of people search Google and Yahoo each month, accepting their tracking “cookies” in exchange for access to the world’s digital information. And with about 5 billion people now using cellphones, a person’s location has become just another data point to be used for marketing, the same way that advertisers now use records of Web searches to show you online ads tailored to your interest in the Red Sox, or dancing, or certain stores. Autumn Bradfish, a sophomore at the University of Iowa, said she doesn’t see a problem with phone companies using her location to produce targeted ads, as long as they deliver relevant offers to her. She said she would not disable the tracking feature on her iPhone because she enjoys using a mapping app that helps her find new restaurants. “I’m terrible with maps,” she said. The very fact that your location is a moving target makes it that much more alluring for advertisers. Every new place you go represents a new selling opportunity. In that sense, smartphone technology is the ultimate matchmaker for marketers looking to assemble profiles on prospective customers. That profiling is what makes some users uneasy. At a technology conference in San Francisco this past week, security researchers disclosed that iPhones and iPads keep a small file of location data on their users. That file – which is not encrypted and thus vulnerable to hacking – is transferred when you sync your phone to your computer to back up information. Security firm F-Secure Corp. said the iPhone sends users’ location data to Apple twice a day to improve its database of known Wi-Fi networks. The data that is available goes back to last year’s launch of Apple’s new iOS 4 operating software. Researchers say the tracking was going on before that, though the file was in a different format and wasn’t easy to find until the new system came out. In June, Apple added a section to its privacy policy to note that it would collect some real-time location data from iPhone users in order to improve its features. While Apple has been silent about the latest findings, it has noted that its practice is clearly spelled out in user agreements. Other phone makers say the same. Google acknowledged this past week that it does store some location data directly on phones for a short time from users who have chosen to use GPS services, “in order to provide a better mobile experience on Android devices.” It too stressed that any location sharing on Android is done with the user’s permission. But consumer advocates warn that too many people click right through privacy notifications and breeze over or ignore such legalese. Case in point _some iPhone users who found about this past week about the data storage say they didn’t know anything about Apple’s tracking. “It’s like being stalked by a secret organization. Outrageous!” said Jill Kuraitis, 54, a freelance journalist in Boise, Idaho. “To be actively tracking millions of people without notification? It’s beyond unacceptable.” It’s easy to tell smartphone users that turning off tracking is as easy as finding their way to the settings menu. But to opt out of GPS service means preventing the software on your phone from using any information about where you are. That means cutting yourself off from the vast array of mobile apps that offer discounts and ads, allow you to connect more easily with friends who use social media, and simplify your life with map directions. Not a great trade-off. And if you thought there were laws that curbed tracking, think again. The government prohibits telephone companies from sharing customer data, including location information, with outside parties without first getting the customer’s consent. But those rules don’t apply to Apple and other phone makers. Nor do they apply to the new ecosystem of mobile services offered through those apps made by third-party developers. What’s more, because those rules were written for old-fashioned telephone service, it’s unclear whether they apply to mobile broadband service at all – even for wireless carriers that are also traditional phone companies, like AT&T Inc. and Verizon. Both the Federal Communications Commission and the Federal Trade Commission have said they are looking into the issue. But for now, it’s up to smartphone users to decide: Is it privacy they are most concerned about, or convenience? ___ AP writers Ryan J. Foley in Iowa City, Iowa, Kathy Matheson in Philadelphia and AP Technology Writers Joelle Tessler in Washington and Peter Svensson in New York contributed to this report.

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Video: Miller Says FBR Likes Fifth Third, Zions, PNC Financial

April 21, 2011

April 21 (Bloomberg) — Paul Miller, a bank analyst at FBR Capital Markets and a former examiner for the Federal Reserve Bank of Philadelphia, talks about the outlook for U.S. banking stocks. He speaks with Carol Massar, Dominic Chu and Jon Erlichman on Bloomberg Television’s “In the Loop.” (Source: Bloomberg)

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Eric K. Clemons: The Real and Inevitable Harm From Vertical Integration of Search Engine Providers Into Sales and Distribution

April 20, 2011

This is the second installment in a three-part series on the Department of Justice, Google, and the Consent Decree. Read part one here . A proper discussion of the benefits and limitations of the recent Consent Decree between the Department of Justice and Google, concerning Google’s acquisition of ITA, needs to begin with a discussion of appropriate measures for potential harm to the competitive process and to potential competitors. The Decree attempts to ensure that current users of ITA’s travel industry software will continue to have access to the latest revisions at commercially reasonable prices, and that Google will continue to invest in ITA’s software rather than developing proprietary offerings for itself. Unfortunately, the Decree does not address the greatest danger, which is not that Google will deny competitors like Orbitz and Kayak access to ITA’s software, but rather that Google will deny competitors access to the consumers that they all are seeking to serve. The real danger is that search has become an essential facility, that Google could deny competitors access to this essential facility, and that they could do so in a manner that keeps consumers happy. As we have addressed previously , it is possible to harm the competitive process, to reduce consumer welfare, and to do so in a manner that is not obvious to consumers. What Form Could Harm Take? How can consumers be harmed by search without knowing it immediately? More specifically, how can consumers be harmed by the Consent Decree, which allows Google to integrate into the provision of services, improve consumer convenience, and offers “no-click” rather than one-click solutions? Interestingly, the most offensive examples of potential consumer harm come from Microsoft’s Bing, rather than from Google. Consider the following set of search results. I see four paid search results, still called “sponsored sites” instead of the more accurate and explicit “ads” label now used by Google. I always ignore ads on search, so I go to the first organic result, which is nicely highlighted with a huge basketball. I click on the basketball … and … … I can buy Lakers tickets without even leaving Bing. How convenient is that? Well, yes. And how what chance to competing ticket sellers have to reach customers? Notice that this site actually appears above the Lakers own site; is that the natural organic ranking? Do more customers historically buy Lakers tickets from Microsoft than from the Lakers? Will Microsoft offer this service to the Lakers without charge, now and forever? At its worst, hotels.com was charging hotels a 30% commission. If Bing imposes excessive charges on the Lakers, or on all basketball teams, it can do so in a way that will keep consumers happy; they don’t see need to see these charges anywhere. But a high surcharge on distribution is a form of invisible tax, and it will be passed on to consumers. This is an example of a third-party payer mechanism ; it is expensive, not subject to market discipline, and yet seems to improve consumer welfare because its harmful effects are quite invisible. One click, top organic spot, should direct a great deal of traffic to Bing’s ticketing agency. What faster and more convenient than having Bing’s site come up after a single click? What about having it come up as the only response? The first time I search for flights from Philadelphia to Orlando I am directed to an effectively integrated flight site, much as I was directed to the integrated site for Lakers tickets. But the second time I do the search the only thing that shows up in the search box, even before I finish typing the query, is Bing’s travel site. What if instead of Bing this had been Google, with its 65% of US market share and its 95% of EU market share? What could it do with this integration? Surely, it could keep consumers happy, with convenience, among other things. And surely, it could grow its share. Then, it could use its market power to demand discounts, which it would share with consumers, much as hotels.com did. Ultimately, completing websites would lose importance, and indeed they might fail, further increasing Google’s market power. Then, Google could demand excessive commissions, perhaps as high as the 30% commission once charged by hotels.com. Consumers would not complain; they would be receiving apparent discounts, discounts below hotels and airlines published prices. Indeed, consumers would be happy with the added convenience and lower price. Notice the progression: (1) Consumers are offered increased convenience at no visible cost to themselves and are happy. (2) The competitive process is harmed. (3) Third parties, online travel sites that want to be found, or hotels and other actual travel service providers that want to be found, pay higher fees, although these fees are never directly visible to happy consumers. (4) These higher fees inevitably increase the operating expenses of the entire travel industry, and inevitably increase consumer prices, while remaining invisible to consumers in the third-party payer business model , and while consumers remain content and oblivious to harm. It really would not possible for the hotels’ and airlines’ own direct distribution sites to compete, or for travel integration sites like Kayak or Orbitz to compete, unless consumers were willing to examine and compare the offerings of each URL separately rather than using search at all. Not only is there no limit to what Google could charge travel sites to “not be not found,” which is the problem existed before Google’s move into search; now Google would have a reason to hide some or all of these sites no matter what they are willing to pay. For this reason, we believe that search engines should be forbidden to engage in vertical integration into comparison of goods and services, or into direct sale of goods and services. We feel that this should be blocked irrespective of the mechanism used to create the vertical integration; search engine providers should not be allowed to develop this vertical integration internally nor acquire it through acquisition, regardless of assurances offered to regulators of fair pricing or Chinese walls.

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Mike Green: No Excuses: Galvanizing Black Innovation and Capital

April 20, 2011

I’ve listened with great interest to intellectual minds like Dr. Cornel West , politically savvy leaders like Al Sharpton and Jesse Jackson , and informed media personalities like Tavis Smiley and Tom Joyner . All have uniquely insightful perspectives — and all have outspoken views about the job the president is doing. Yet, Black America — which has remained consistently rutted within a channel of economic depression since Dr. Martin Luther King marched the segregated streets of Selma, Alabama — was quite familiar with the aforementioned names long before it ever pinned all of its hopes on the name Barack Obama. I’m not quite sure if any of the outspoken critics expressing disappointment in this administration have articulated specifically how Black America ought to have already experienced the change hoped for in 2008. The most extraordinary notion I’ve gleaned from some expressions is the implication that President Obama should accomplish — within the span of four years — what Black Americans have failed to accomplish collectively over the past three decades. Allow me to be clear on the point. Black America is currently experiencing double the unemployment rate of the nation’s overall jobless rate. That double-the-overall-jobless-rate statistic is virtually unchanged from the days when little Barack was in diapers. Black America has watched the ever-widening chasm between Black wealth and White wealth quadruple over the past couple of decades. But the real insight is inherent in the fact that Black wealth in the 1960s was 25% of White wealth … quadruple what it is today (6%). So, what has President Obama prescribed for the economic ills of Black America? The exact same prescription he’s written for the nation as a whole: Investment in STEM education Investment in technological innovations Investment in high-growth entrepreneurship The refrain ought to be sung by the whole choir: Investment. Investing in Black America Where is the Black investment in STEM education? Given that STEM literacy is the passport to a bright future in the increasingly competitive and global 21st century innovation economy, there’s a real need to focus on black student preparation and achievement in STEM at the k-12 and post-secondary levels. Recognizing that large numbers of black students are educated in public school districts located in our major urban centers, we need not look any further than Detroit, Milwaukee, Chicago, Atlanta, New York, Baltimore… as examples of failure where high schools have served as drop out factories rather than STEM magnets that prepare black youth for the promise of the innovation economy. In Philadelphia, for example, less than 1 percent of its students graduate and go on to finish college at a 4-year university in any form of a STEM major. Less than 1 percent. Philadelphia serves as a microcosm and is indicative of a widespread problem in all of our urban centers that have failing public school systems … where a majority of African-American students are educated. What future does a system of education hold for our students when it cannot effectively prepare them for an increasingly competitive market? Where is the Black capital investment in high-growth entrepreneurs? There are many exciting business incubators and accelerators, like Plug and Play Tech Center in Silicon Valley, TechStars in Colorado, Jumpstart, Inc. in Ohio and many more across the nation. But where is such training, mentoring and investment within Black communities? Where is the investment in channels of access to capital for entrepreneurs? There are more than 500 angel and venture capital groups within the developed mainstream national infrastructure. But there are very few Black American groups. The Minority Angel Investment Network is such an effort. But where are collaborators to help it grow? A recent rising star, H360 Capital , aims to address this virtually vacant space by raising $100 million in venture capital. How much more effective would its Black principals be in generating the funds they need if they received eager investments from thousands of high net worth Black Americans and collaboration with other like-minded groups? Black Americans MUST be willing to invest in Black America. How embarrassing is it to beg White power brokers in government and corporate America to do exactly what we are not willing to do? Investment Capital Infrastructure Allow me to be clear on the point. The Kauffman Foundation is the nation’s largest nonprofit focused on investment in entrepreneurship. It reports that all net new jobs since 1980 were the result of companies less than five years old. That sort of high-growth entrepreneurship is the direct result of capital investment from private sector angels and venture capitalists. The high-risk private capital investment industry is relatively new. Angel groups that invest in seed stage and early stage companies have just one main trade organization: Angel Capital Association . It’s only six years old. The venture capital industry, which traces its beginning back 65 years, really sprang up as a viable investment industry in the 80s. It, too, has one main trade organization: National Venture Capital Association . In 2008, venture capital-backed companies produced nearly $3 trillion, roughly 21% of GDP. In 2007, all of the nearly two million Black-owned businesses combined produced $137.5 billion, less than 1% of GDP. Since 1970, venture capitalists have rained torrential buckets of cash ($456B) into more than 27,000 companies. Black Investment Required There are three things we know: Private equity capital investments did not rain down upon Black entrepreneurs to any appreciable degree over the past three decades. Black America was, and is, disconnected from the private capital equity investment infrastructure and high-growth entrepreneurial ecosystem. Black America has failed to develop its own investment infrastructure and high-growth entrepreneurial ecosystem. There are three main reasons I believe Black America has remained economically devastated for decades since its Civil Rights Era victory, despite boasting nearly $1 trillion in annual consumer spending last year: Black America does not invest in nor focus on STEM education (to any appreciable degree) as its highest education priority to fill the creative technology funnel with Black innovators. Black America has not developed its own angel and venture capital networks and connected them to the existing private capital infrastructure. Black America does not energetically and enthusiastically invest in high-growth entrepreneurship through development of an entrepreneurial ecosystem. The Black Innovation and Competitiveness Initiative ( BICI ) is the only national voice in Black America specifically focused on connecting 20th century Black America to the 21st century “Innovation Economy,” comprised of three core pillars: STEM Education, Capital Investment and High-Growth Entrepreneurship. No Excuses There is no excuse for Black America to go another decade enduring severe economic depression. Consider the progress Blacks have made in other hostile arenas within a very short time span: Television Industry : In 1988, Bill Cosby was juggling Jello alongside a popular family show that carried his name and re-defined how America viewed Black families. Today, the name Cosby is an iconic name in American entertainment. Pro Football : In 1988, Doug Williams was the first Black quarterback to win a Super Bowl. Matching wits with Hall of Fame quarterback John Elway, Williams out-Elwayed Elway in a masterful comeback from 10-0 at the half to lead the Redskins to a 42-10 victory in Superbowl XXII. Today, the NFL has many talented Black quarterbacks, coaches and front office personnel. Some Blacks in the pro sports world are now team owners. Music Industry : In 1988, Whitney Houston was on top of the music world after her second album release the previous year debuted at No. 1 on the Billboard 200s music chart. Today, she remains the most awarded female artist of all time. We see Black music moguls today who compete on a level that Motown never could in its heyday. Wherever Blacks have concentrated our time, talent, efforts and monetary investments, we have succeeded in transforming the space. Black Angels and Entrepreneurs I commend Rutgers Business School’s Center for Urban Entrepreneurship & Economic Development in producing the first-ever Black Angels and Entrepreneurs Forum in partnership with the Black Innovation and Competitiveness Initiative. This is an opportunity for Black Americans to engage in a collaborative effort to change the economic paradigm. It is time for Black America to invest in developing a private capital equity investment infrastructure and a high-growth entrepreneurial ecosystem. Black America’s experienced academic, political, business and community leaders, as well as its high net worth asset class, must be willing to come to the table of collaboration to leverage their influences in generating the type of exponential economic impact Black America MUST produce to save itself from a potential future as a permanent underclass.

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The Day The Music Died: Major Orchestra Files For Bankruptcy

April 17, 2011

PHILADELPHIA — The world-renowned Philadelphia Orchestra, long considered one of the best in the nation, will be filing for Chapter 11 bankruptcy protection – an apparent first in recent history for a major U.S. orchestra. Board chairman Richard Worley said members made a nearly unanimous vote Saturday to file for reorganization in a federal bankruptcy court in Philadelphia after a “long meeting, thoughtful meeting, emotional meeting.” “We’re running low on cash, we’re running a deficit, and we have to put ourselves in a position to attract investment funds to help us,” Worley told reporters. Allison Vulgamore, president and chief executive officer, also cited a “tremendous decline” in audiences over the past five years. Officials stressed, however, that concerts would go on as scheduled, including the evening’s performance of a Mahler symphony. And they said a revitalization campaign was planned to increase revenues by about two-thirds and bring in new art and audiences. John Koen, chairman of the members committee, which represents the musicians, said the five musicians at the meeting were the only “no” votes on the 65-member board. “It was a terrible letdown. I think this is a tragic decision for the orchestra,” said Koen, who said he has been with the organization for almost half of his 44 years. “A big orchestra has never done this before. It’s impossible for the musicians not to feel betrayed by the board of directors … It feels like a vote of no confidence for the future of this orchestra that’s been around for 111 years and world famous for 99 of those years at least.” “We’re in a state of shock, really,” said Richard Woodhams, principal oboe. “I think it’s a very, very sad day for culture in the United States and the world.” The orchestra is expected to take in a combined $33 million from this season’s ticket sales, fund-raising, endowment income and other revenue, according to its financial records. That won’t cover its $46 million operating costs, and its projected deficit is $5 million despite an emergency fund-raising effort. The country’s economic woes have taken a toll on nonprofit arts organizations, and smaller orchestras in cities such as Syracuse, N.Y., and Honolulu have filed for bankruptcy in recent years. But Philadelphia’s is the first major metropolitan orchestra to do so, said John Bence, spokesman for the League of American Orchestras, citing records his organization has kept dating as far back as 1986. Jesse Rosen, the orchestra league’s president and CEO, said the Philadelphia Orchestra is experiencing the same challenges as other arts organizations in figuring out how to stay viable in the current economy and an era of “on demand” entertainment made possible through technology. “We’ve had a belief for a long time that if we’re really, really good, and the Philadelphia Orchestra is off-the-charts fantastic … everything will follow, and really, times have changed and it’s not enough anymore,” Rosen said. Philadelphia Orchestra musicians who object to a bankruptcy filing distributed leaflets to the audience before Thursday night’s concert, calling such an action “unnecessary” and saying it would have “both an immediate and a long-term devastating impact” on the orchestra. Union officials and others have cited the orchestra’s $140 million endowment, but Vulgamore said use of that money was restricted. “Thank heavens it’s there, it’s the future we have to live off of,” she said. “If we take that money now, then we frankly don’t have annual monies to keep going.” Musicians, who in recent years have agreed to take pay cuts totaling millions of dollars, have expressed concern about the effect of bankruptcy on their pensions. Worley said that would be worked out in negotiations, but officials want orchestra members to have a “reasonable and respectable pension.” The orchestra’s management is seeking a 16-percent pay cut and other concessions from the musicians as part of ongoing contract negotiations. Players say there have been no talks since March 27 and none are scheduled. The Philadelphia Orchestra, which rose to national prominence under conductors Leopold Stokowski and Eugene Ormandy, has traditionally been considered one of the “Big Five” American orchestras along with those in New York, Chicago, Boston and Cleveland. It made history in 1973 when it became the first American orchestra to tour communist China. Its hundreds of recordings include the soundtrack for Walt Disney’s 1940 film “Fantasia,” which helped popularize symphonic music in the U.S. “I think it’s emotional because we feel the weight and burden of a tremendous legacy,” Vulgamore said. But she said the situation was not unique even in the orchestra’s long history, citing “Save the Symphony” campaigns from early in the 20th century. “We’ve been through this before, we’ve been through two world wars and a depression,” she said. “We’re going to need to pull ourselves through this bankruptcy with pride and will to remain the Philadelphia Orchestra.” Audience members picking up tickets in the lobby of the Kimmel Center for the evening performance were taken aback by the news. “It’s shocking,” said Tianhui Ng, 32, who said he tries to see concerts every week. “I think they do a wonderful job, and the city loves them.” Stan Swigoda, 53, of Philadelphia has heard of the orchestra’s endowment and wonders why some of that can’t be tapped. “It seems to me that this whole movement to Chapter 11 is just an attempt to … renege on the union contract,” he said. Spencer Jarrett, a visiting 17-year-old high school junior from Highland, Utah, said he hopes to make playing trombone his career and said the impending bankruptcy filing was “kind of scary to be honest.” But he said he was generally optimistic about the future of his calling. “There’s always going to be an orchestra in the world,” he said. “Music is just that thing that we can’t live without. It’s a necessary part of being human. It’s a shame that people aren’t recognizing it.”

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Judge: Citgo Doesn’t Have To Pay For Cleanup Of Third-Largest Oil Spill In U.S. Waters

April 15, 2011

PHILADELPHIA — Citgo does not have to pay $177 million in cleanup costs stemming from the massive 2004 spill of crude oil from a tanker nearing its dock on the Delaware River, a federal judge has ruled. The judge cleared Citgo of liability in the third-largest oil spill in U.S. waters, which occurred when the single-hull Greek tanker struck a rusty anchor long submerged in the riverbed. Nearly 265,000 barrels of heavy crude oil gushed out as the tanker neared the Citgo dock in Paulsboro, N.J., near Philadelphia, after a six-day journey from Venezuela. The spill hampered shipping and polluted more than 45 miles of shoreline in New Jersey, Pennsylvania and Delaware. At the time, it ranked as the second-worst oil spill in U.S. waters. The total bill for the cleanup topped $267 million. The lawsuit involved efforts by the U.S. government and Frescati Shipping Co., which owned the Athos I, to try to recover their costs from Citgo. Frescati sought about $90 million and the U.S. government $87 million. Frescati argued in part that Citgo had a duty to maintain the area around its dock. However, Senior U.S. Judge John P. Fullam rejected their claims, blaming the spill on the person who abandoned the anchor. That person’s identity remains unknown because the portion of the anchor that contains identifying marks was broken off. “There is no evidence that any party to this litigation – Frescati, (Citgo) or the government – knew or had reason to believe that the anchor was in the river, although it is well-known that all sorts of objects that present a potential danger to navigation lurk beneath the surface of the waters,” Fullam wrote Tuesday. The Athos I had traveled 1,900 miles after picking up its Venezuelan crude and was 900 feet from the Citgo asphalt refinery’s dock on Nov. 26, 2004, when it started to list. Evidence at the 41-day bench trial showed the anchor had been submerged in approximately the same spot since at least 2001, when it appeared in a scan of the riverbed. Fullam said Citgo had no responsibility to maintain the site, which was in a busy public waterway. “Although the docking pilot was aboard the Athos I, the ship was in an area of the anchorage open for the passage of all ships, not an area used exclusively, or even primarily, by vessels docking at the Paulsboro refinery,” Fullam wrote. Rich Whelan, a lead lawyer for Citgo, said the ruling confirms that marine terminal operators are not liable for the maintenance of public waterways. “We think it’s an important decision for marine terminal operators, because the judge limited their responsibility to the immediate berth or dock area, and refused to extend the responsibility into public waters,” Whelan told The Associated Press. A lawyer representing the shipping company in the case did not immediately return a message late Thursday. Under laws in place at the time, the ship owner’s liability for the cleanup was limited to $45 million. Frescati, in its lawsuit, said it paid $35 million in related interest and $10 million in accident-related damages, for the $90 million total. The Coast Guard assumed much of the additional cost. The Justice Department, whose maritime lawyers pursued the government claims at trial, did not immediately return a call for comment. At the time, the Delaware River spill ranked as the second worst in U.S. waters, after the Exxon Valdez spill in Alaska in 1989. The Deepwater Horizon disaster in the Gulf of Mexico last summer has since surpassed it. In its wake, Congress passed a law in 2006 designed to encourage the use of double-hull tankers by tripling fines for single-hull vessels. Proponents of the bill said that 19 of the 20 largest U.S. oil spills from 1990 through 2006 were from ships without double-hulls. The law, the Coast Guard and Maritime Transportation Act of 2006, also requires anyone with knowledge of possible river obstructions to report that to the Coast Guard and Army Corps of Engineers. Numerous government agencies responded to the spill, with mixed success, given the damage to wildlife and the environment in the three-state area. “The testimony of the witnesses was compelling with regard to the complexity and difficulty of the oil spill response, and that costs were monitored to the best extent possible under the circumstances,” Fullam wrote.

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Akhtar Badshah: Creative Capitalism, a CEO’s Viewpoint

April 14, 2011

I had a pleasure of moderating a discussion with Arunas A. Chesonis, the Chairman, President and Chief Executive Officer of PAETEC, founded in 1998. I sought to understand why he — as a CEO and business leader — invests in the city of Rochester, New York, and why he has developed a culture of investing back into the community at PAETEC. Chesonis, an MIT graduate and an entrepreneur, is a visionary who thinks outside of the box regarding how to build a business and how to build a community around him. He told the audience at the BCLC Corporate Community Investment 2011 conference in Philadelphia that one of his company’s four guiding principles is “caring culture,” a concept in PAETEC’s objectives and a metric for performance evaluation. Chesonis said: “If you have two managers and both are very good, but one is involved in the community, he’ll drive more business and will build more relationships within the company, outside the company, and with clients. That’s the manager who will get the promotion. People like that get to move up in the organization because they’re the ones who do business better.” Community involvement at the individual employee level, he said, not only helps managers excel — their success helps to grow the business. In our talk, he explained that PAETEC also uses the same criteria when considering procurement bids from his partners. With price being more or less equal, PAETEC wants to know how engaged potential business partners are in investing back in the community. He wants to know how they’re investing in communities, how they’re giving back, how they’re making the country do better. For Chesonis, corporate social responsibility (CSR) is a strategic weapon. He said that if you’re not doing CSR, if you’re not engaged in CSR, then you’re not going to be as successful, you’re not going to optimize your stock price, you’re not going to optimize your performance, and you’re not truly, fully engaged with all your team members. In short, it’s better business to be engaged in CSR. So how does Chesonis make sure engagement is constant and thorough? First, he sees engagement in CSR as building an extended family among a range of stakeholders (even the name of the company stems from the first letter of the names of the Chesonis family). He said he came to Philadelphia for the BCLC conference to lend support to those who are in the CSR business. “Maybe,” he said, “I’ll give you some tricks that we’ve used to trick people within our ecosystem into seeing why this is important for all of us.” Second, engagement in CSR work should be decentralized. At PAETEC, Chesonis lets his community relations managers decide where to focus the company’s CSR efforts instead of dictating what to do with a top-down approach. “I feel like I’m the match.com for CSR at my company. It’s my responsibility to connect my employees with our community,” he said and noted that he wants connections to grow organically between his community relations managers and the local organizations. Building your own community is important, and connecting your community to other communities in common goals is the next step in building capacity. Chesonis asked, “Wouldn’t it be great if there were a BCLC in all communities?” Organizations that convene and connect, he said, are needed at the local chamber level so that local corporate citizens and community leaders can come together, learn, and expand their capacity. Having a network of local BCLC-like organizations, he said, would encourage public-private partnerships. Chesonis said: “It’s hard for SMEs to travel to national conferences and major events like this — that makes local collaboration level so much more needed. People could develop their own approaches at the local levels and decide what fits best with their communities and businesses.” While his community relations managers guide the company’s strategy, the Chesonis family is building its own legacy in environment and energy research — the need for intense research in these fields is astounding, he said. With the belief that researchers should be allowed time to fail and experiment to find the best, most innovative solutions, Arunas and his family are funding long-term research spots for post-grad MIT students. Most Nobel Prize winners in science, he noted, made their discoveries at the age of 28: “We need to be funding young, energetic people who have time and inspiration to immerse themselves in their research 100 hours per week.” He ended the thought that corporate responsibility should be a strategic priority for all companies. “Don’t be a ‘dumb philanthropist’ and just write checks,” he said. “Work on the strategic piece-what’s good for a company can be good for a community and vice versa.” For those in business still sitting on the fence, this is a good piece of advice.

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Air Force Is Going Green, Flies F-15 Fueled on Plant Oil Over Phillies Home Opener

April 1, 2011

The sellout crowd who turned out Friday to watch the Phillies win their home opener against the Houston Astros in Philadelphia were treated to a pre-game glimpse into the future. No, not another National League East pennant, though anything is possible on opening day. Instead, minutes before the first pitch, fans were treated to the first “green” flyover as an Air Force F-15 fighter jet streaked over Citizens Bank Park powered in part by fuel made from plant oil. One of the four jets from the 335th Fighter Squadron based in North Carolina flew on a blend of 50 percent traditional jet fuel and 50 percent synthetic biomass fuel made from camelina oil grown in Montana. Unlike ethanol, which is made from corn, camelina is a weed in the mustard family and not usually considered edible. It is also considered more fuel-efficient than ethanol. The milestone air show came two days after President Barack Obama sought to revive his battered energy policy . In a speech at Georgetown University, Obama said the nation’s energy future depends on making fuel out of renewable resources to reduce reliance on foreign oil and polluting fossil fuels. “Just last week, our Air Force used an advanced bio-fuel blend to fly an F-22 Raptor faster than the speed the sound,” Obama said of the first operational test of the new fuel. “In fact the Air Force is aiming to get half of its domestic jet fuel from alternative sources by 2016. And I’m directing the Navy and the Department of Energy and Agriculture to work with the private sector to create advanced bio-fuels that can power not just fighter jets, but also trucks and commercial airliners.” The U.S. Air Force is the biggest user of aviation fuel in the Department of Defense — it burns 2.5 billion gallons a year, or the equivalent of a small airline — and it accounts for 10% of the total domestic jet fuel market. It has taken the lead in researching and testing new biofuels that can be used not only by military aircraft but by commercial airlines. Private air carriers are eager to find commercially viable, environmentally friendly alternative fuels, especially before the European Union slaps a planned carbon tax on planes landing or taking off from its airports in 2012. They are working with universities, the military and other government agencies through the Commercial Aviation Alternative Fuels Initiative to develop fuels made from plant seed oil, animal fat and various waste greases. The F-22 and F-15 flights prove high-performance jets can fly on synthetic fuel. The challenge, now, is to produce the fuel at a reasonable price. Half of the $45 million budget for the Air Force development program, which began in January 2009, has been used to buy gas. The first batch of synthetic test fuel cost a whopping $65 per gallon. By the time of the second fill-up in the fall of 2010, price had dropped to $35 per gallon. Though significantly lower, that price is still more than 10 times the average $3.03 per gallon the Air Force pays for conventional jet fuel. So until manufacturers can produce the eco-friendly fuels in larger volumes, aircrews will keep flying on carbon. “The goal is to be prepared to use the fuel when it becomes cost-competitive in quantities we need,” Jeff Braun, chief of the Air Force’s alternative fuels certification division, told HuffPost. “We are relying on industry and fuel producers to make the necessary investments in plants and start making the fuel” to bring the price down for both military and commercial use. But even as companies slowly scale up production, the Air Force says it has no plans to fly combat missions using beef tallow anytime soon.

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Andrew Reinbach: Fracking Tide Turns — Frackers Get Mean

March 28, 2011

The PR tide seems to be turning against fracking, and predictably, the political rhetoric from the gas industry and its allies is turning nasty. In upstate New York, for instance, Richard Downey, director of a local landowner’s coalition that hopes to lease its land to drillers, recently published an opinion piece in the Oneonta Daily Star playing the class warfare card — claiming pro-drillers are good, truck-driving local folk, while the antis are Volvo-driving, brie-eating NIMBY elitists against anything ruining the view from their estate. Downey himself is a retired New York City teacher, and while his rhetoric seems less than measured, it’s typical of the posture displayed in letters to the editor columns across the state, many of which read like pieces in right-wing blogs — vitriolic, largely fact-free, and wrapped in the flag, A recent editorial in The New York Post , for instance, did everything but claim anti-frackers are led by former Weatherman Bill Ayers, calling anti-frackers “Hard-core lefties and environmental groups” that include the Working Familes Party and MoveOn.org. This characterization of the anti-frackers isn’t even true; in New York’s Marcellus Shale region, for instance, the anti-fracking forces include local families farming the same land since the Revolution. The same is becoming true in states as far apart as Pennsylvania, Arkansas, and Wyoming, where concerns about the effect of hydro-fracking upon ground water supplies are getting more pronounced everyday — together with lawsuits over the same. But the rhetoric is a good indication of how defensive the frackers have become, as a rising tide of media stories about the dangers of fracking to the environment appear alongside reports of serious environmental accidents, and local governments banning fracking within their precincts. Pittsburgh, for instance, passed an anti-fracking ordinance last November. Since then, local townships across upstate New York have done the same — recently joined by Ontario, Canada. And last May in Flower Mound, Texas, no-fracking candidates swept a recent municipal election. In fact, the tide of public opinion is visibly turning against hydro-fracking — and not just in the Marcellus Shale region that begins in northern Alabama and ends near Utica, New York. Generally speaking, early industry assertions that hydro-fracking is perfectly safe have collapsed under a flood of facts about the procedure, leaving deep suspicions about the industry’s intentions and reliability. Enter a Philadelphia PR firm, Gregory/FCA, which charted the turning tide in a recent article it published in its blog, displaying data that made it clear that public opinion is turning against fracking. “Since the beginning of 2010, the positive sentiment in traditional media for Marcellus Shale has fallen dramatically, from a high of +3.1 to a low of -0.3 in January 2011,” wrote Gregory Matusky, the company president, in the report. Matusky follows up that polling data — he says he analyzed millions of media reports to come up with the downward trend — with what amounts to a memo on how to counter media reports like the one from Moundsville, West Virginia that the municipal water supply temporarily ran dry because local gas drillers withdrew so much water from it. Matusky’s main heads: • Publish an ocean of information about the Marcellus Shale. Matusky, who says he has no energy company clients, claims that the Marcellus Shale gas play is generally a good thing, but that the anti-fracking forces “…aren’t under the same time constraint as gainfully employed Americans [and] have…idle time to plant falsehoods, raise suspicions, and demonize the oil and gas industry.” • Never respond to the supposed negatives. Constantly focus the conversations on how domestic reserves of clean energy of natural gas that will reduce our nation’s carbon footprint, says Matusky. • Make it about people. “The people of Marcellus Shale are fierce, noble individuals who have been ignored for generations. The industry needs to…make their stories of economic renewal a mainstay of the storytelling.” How? “The industry should underwrite a [reality] show,” he says. • Dominate the online discussion. “The industry needs to dominate online conversations as a way to positively impact consumers, regulators, influencers, and ironically, the traditional media….” • Connect the dots for the public [about the benefits of natural gas]. • Language is important. Find a better term than fracking, says Matusky; “The very term “fracking” has a negative connotation. Much of what Matusky recommends is already finding its way into the public realm — Downey’s op-ed piece being only one example. Missing from Matusky’s analysis? Whether allowing hydro-fracking in the Northeast is a good business deal. People fighting to keep gas drilling out of their backyards like to point out, for instance, that the West and Midwest are running out of fresh water, and will eventually lead people and industry back to where it is — the Northeast. These people then say that looked at this way, swapping the region’s plentiful supplies of clean water for the money gas drilling will bring is, to all intents, trading its birthright for a mess of pottage. Whether notching up the rhetoric will save the gas industry’s bacon is uncertain at best. Pennsylvania and West Virginia may have already made their deal with the industry, but New York hasn’t, and aside from signs that new regulations covering fracking may be delayed almost indefinitely, two recent bills were introduced in the state legislature that would keep the fracking wolf from the door for some time: Assembly Bill A06541 proposes a 5-year moratorium on hydro-fracking, and Senate Bill S4220 would ban it altogether. Also muddying the water for the energy industry: The Environmental Protection Agency, under fire for having exempted fracking from the Clean Water Act in 2004, is conducting a wide-ranging analysis of all the environmental impacts of hydro-fracking and isn’t expected to issue a report for several years. The newly installed Commissioner of New York’s Department of Environmental Conservation, Joseph Martens, has made conflicting statements that, when parsed, suggest little may be approved in New York until the EPA issues its own regulations. Delay, though, may not turn out to be the best outcome, since it gives the energy industry plenty of time to follow Matusky’s advice and slap some new reality show on the airwaves. Maybe it’ll be called Gas Driller Angels.

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Federal Reserve Unlikely To Extend Quantitative Easing, Top Officials Say

March 25, 2011

NEW YORK, March 25 – With the economy on firmer footing the Federal Reserve Bank is unlikely to extend its bond-buying stimulus program beyond a planned $600 billion, several top Fed officials said on Friday. Members of the more hawkish wing of the Fed went further, with Philadelphia Fed Bank President Charles Plosser saying the U.S. central bank will have to reverse its easy money policy in the “not-too-distant future” to avoid sowing the seeds of inflation. The Fed has kept short-term rates near zero since December 2008 and has bought more than $2 trillion in long-term securities to push borrowing costs down further and boost recovery from the 2007-2009 recession. At its most recent policy-setting meeting, policymakers voted to continue the bond-buying program begun last November and slated to end in June. “Following through on that to the tune of $600 billion, like we’ve said, I think is appropriate,” Chicago Fed President Evans told reporters at the regional bank’s headquarters. “I personally don’t see as many needs for a further amount, as I probably thought last fall.” Evans comments, along with those of Atlanta Fed President Dennis Lockhart who said on Friday that “it’s a high bar” for the Fed to do more, suggest the debate at the Fed has moved away from a consideration of further easing. “Given the pressure, from the hawks on the Federal Open Market Committee, the public, Congress, and foreign officials, I would highly doubt Evans would say something like that if Chairman Ben Bernanke, New York Fed President William Dudley, and Fed Vice Chair Janet Yellen didn’t agree with him,” said Eric Stein, a fund manager at Eaton Vance in Boston. Minneapolis Fed President Narayana Kocherlakota told reporters in Marseilles that the U.S. economy would need to worsen “materially” for the bank to consider further bond-buying. Plosser and fellow hawk Dallas Fed Fisher continue to press for the Fed to do less. Fisher, speaking in Brussels Friday, said the Fed has done enough and may even have done too much. Speaking in New York, Plosser said consumer spending continues to expand at a “reasonably robust pace,” and the labor market is improving. The overall economy, he said, has gained “significant strength and momentum” since the summer. “If this forecast is broadly accurate, then monetary policy will have to reverse course in the not-too-distant future and begin to remove the massive amount of accommodation it has supplied to the economy,” said Plosser, one of the central bank’s biggest inflation hawks. “Failure to do so in a timely manner could have serious consequences for inflation and economic stability in the future,” said Plosser, a voter on the Fed’s policy-setting committee this year. Plosser outlined his preferred strategy for eventually tightening policy. He said he would like to raise interest rates and reduce the Fed’s balance sheet — which ballooned to more than $2 trillion during the crisis — at the same time. “My proposed strategy involves raising rates and shrinking the balance sheet concurrently and tying the pace of asset sales to the pace and size of interest rate increases,” Plosser said. “By tying sales to interest rate decisions, it allows the process for selling assets to be conditional on economic outcomes in ways that are familiar to market participants,” he said. Evans, who like Plosser has a vote on the policy-setting committee this year, suggested that the Fed would not quickly move to tighten its extraordinarily loose monetary policy, and would likely try to keep its balance sheet steady once active bond-buying stopped. That would require the Fed to continue to reinvest proceeds of maturing securities in new purchases, as it has been done for some months now. “It is natural to expect there would be some period of time between when the $600 billion is completed and an assessment in the change of the trajectory,” he said. After a period of what could be some months, he said, the Fed could stop reinvestments, a “modest step” toward tightening that probably not be followed quickly by other steps unless the economy was outpacing expectations. Evans and Plosser both said the earthquake and nuclear crisis in Japan and the rise in oil prices because of turmoil in the Middle East pose a risk to the U.S. recovery — but said he expected this risk to be small and short-term. (Reporting by Kristina Cooke, Edith Honan in New York, Ann Saphir in Chicago, Pedro Nicolai da Costa in Ft. Myers, Fla., Philip Blenkinsop in Brussels, Editing by Padraic Cassidy and Andrew Hay) Copyright 2011 Thomson Reuters. Click for Restrictions .

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CoStar’s People of Note (March 20-26)

March 25, 2011

This week’s People of Note includes the following markets: Atlanta, Boston, Dallas, East Bay, Long Island, Los Angeles, New York City, Philadelphia, San Francisco and South Bay. LOS ANGELES Lee & Associates Taps Toumazos as Principal Commercial real estate veteran Paulette Toumazos joined Lee & Associates-LA North/Ventura Inc. in Sherman Oaks, CA, as a principal. The 25-year industry professional focuses on the sale and leasing of office…

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CoStar’s People of Note (March 20-26)

March 25, 2011

This week’s People of Note includes the following markets: Atlanta, Boston, Dallas, East Bay, Long Island, Los Angeles, New York City, Philadelphia, San Francisco and South Bay. LOS ANGELES Lee & Associates Taps Toumazos as Principal Commercial real estate veteran Paulette Toumazos joined Lee & Associates-LA North/Ventura Inc. in Sherman Oaks, CA, as a principal. The 25-year industry professional focuses on the sale and leasing of office…

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NPR’s Surprisingly Firm Financial Footing

March 24, 2011

For more than two decades, public-radio listeners have grown accustomed to the erudite questioning style of Fresh Air host Terry Gross. What many people don’t realize is that the program is profitable, although its unclear how much of a windfall it makes for WHYY, the Philadelphia NPR affiliate that broadcasts the show.

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Federal Reserve Meets As Economic Risks Widen

March 15, 2011

WASHINGTON — The Federal Reserve meets Tuesday at a time of widening economic risks: higher oil and food prices; unemployment near 9 percent; crises in the Middle East and Japan. Threats at home and abroad have the potential to slow the U.S. economy, or heat up inflation. Or both. Chairman Ben Bernanke and his Federal Reserve colleagues will debate those risks at Tuesday’s session. At the top of their agenda is whether to make any changes to the Fed’s $600 billion Treasury bond-purchase program, which is set to expire at the end of June. The bond purchases are intended to help the economy by keeping long-term interest rates down, encouraging spending and driving up stock prices. Economists think the Fed will agree Tuesday to maintain the pace and size of the bond purchases. But the risks the economy is facing will likely complicate Bernanke’s efforts to forge consensus. “Bernanke is walking a tightrope,” said Victor Li, associate professor of economics at Villanova School of Business The Fed chief and a majority of his colleagues argue that the economy still needs support from the bond purchases, especially with unemployment still high and home prices in many areas depressed. But a vocal minority on the Fed has raised concerns that the bond purchases, combined with higher prices for food, fuel and other commodities, will spread inflation through the economy. They also say they worry that the purchases could feed speculative buying that could inflate new bubbles in the prices of stocks or other assets. Charles Plosser, president of the Federal Reserve Bank of Philadelphia, has said he may push for an early end to the bond-buying program. And Richard Fisher, president of the Federal Reserve Bank of Dallas, has said he might push to scale back the bond purchases. A contentious debate is expected Tuesday. If, as expected, Bernanke prevails and the Fed decides to keep the bond-buying program intact, Plosser and Fisher might dissent. There’s a slight chance that Bernanke could craft a compromise. That could involve slowing down the bond purchases by extending the program’s end date to September. The total size of the program, however, would stay the same. “This modest alteration in the large-scale asset program could be seen as a positive by both the doves and the hawks,” said economist Steven Ricchiuto at Mizuho Securities. However, Ricchiuto and many other economists think it’s more likely that the Fed won’t make any changes to the bond-purchase program. With reputations as inflation “hawks,” Plosser and Fisher are more concerned about rising inflation, than about stimulating the economy and lowering unemployment. Bernanke and other “doves” are more concerned about stimulating the economy and reducing unemployment. Upheaval in the Middle East has sent oil and gasoline prices up. A sustained run-up in those prices could cause Americans to reduce spending on other items and slow the economy. Bernanke has predicted that rising oil prices will cause only a brief and slight rise in consumer inflation. But he’s warned that any prolonged surge in oil prices would pose a danger to the recovery. Other potential risks have emerged, from a slowdown in U.S. growth to renewed worries about Europe’s debt problems to economic effects from the earthquake and nuclear crisis in Japan. When the Fed last met in late January, optimism about the U.S. recovery was rising. Fed officials predicted the economy would grow at a faster pace this year – between 3.4 percent and 3.9 percent. Even so, unemployment would stay elevated – at best dropping only to 7.7 percent by the end of 2012. Fortified by tax cuts, Americans are spending more. Retail sales grew strongly in February, marking the eight straight monthly increase. Businesses are hiring more. The unemployment rate has fallen nearly a full percentage point in just three months – the sharpest drop in a generation. Still, some economists are now lowering their forecasts for growth in the first three months of this year because they think high energy prices will slow consumer spending. JPMorgan Chase now predicts growth in the January-March quarter of just 2.5 percent, down from 3.5 percent. Once the recovery is more firmly cemented, the Fed will start boosting interest rates and taking other steps to soak up the money it pumped into the economy during the financial crisis and recession. Many economists think it will start raising rates early next year. Others think it will be at the end of 2012. The central bank’s key interest rate has been at a record low near zero since December 2008. An increase in that rate would boost lending rates charged to consumers. These include rates on certain credit cards, home equity loans and some adjustable-rate mortgages.

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CoStar’s People of Note (Feb. 13-19)

February 18, 2011

This week’s People of Note includes the following markets: Atlanta, Austin, Chicago, Cincinnati, Cleveland/Northern Ohio, Columbus, Dallas/Fort Worth, Houston, National, New York City, Orange County, Philadelphia, Phoenix, Richmond and San Antonio. AUSTIN, DALLAS/FORT WORTH, HOUSTON, SAN ANTONIO Veteran Investors Form State of TX Real Estate Fund Veteran commercial real estate investors Mark Jordan and Kevin White formed the State of Texas…

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In The Pipeline: CoStar Development and Construction News for Feb. 13 – 19

February 15, 2011

In The Pipeline is a column on significant land sales, transactions and trends affecting office, industrial, flex, multifamily, mixed-use, hotel and public works developers. Send us news leads about your new project — and sign up to be added to our distribution list to receive future In the Pipeline columns by e-mail. Read previous columns and articles. GlaxoSmithKline to Occupy New HQ Facility in Philadelphia Global pharmaceutical company GlaxoSmithKline…

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Consumer Sentiment Hits 8-Month High

February 11, 2011

NEW YORK (By Leah Schnurr) – U.S. consumer sentiment rose to an eight-month high in early February, boosted by recent tax cuts and optimism about the labor market, but consumers were less sanguine about the economy in the longer term. A separate report on Friday also suggested stronger consumer activity as the U.S. trade deficit widened slightly more than forecast in December to its highest level in four months. Consumers expect to see improvement in the economy and job market this year, but the recovery was still anticipated to fall short and worries about inflation and its effect on wages weighed, according to the latest consumer surveys from Thomson Reuters and the University of Michigan. Consumer confidence was also boosted by the recent package of tax cuts and improved personal finances. The preliminary February reading for the overall index on consumer sentiment came in at 75.1, up from 74.2 in January. It was the highest level since June 2010 and was roughly in-line with the median forecast of 75 expected by economists polled by Reuters. “Further proof that the U.S. economy is rebounding at a stronger pace than expected. It’s been reflected in virtually all recent data outside of inflation data,” said Michael Woolfolk, senior currency strategist at BNY Mellon in New York. The survey’s barometer of current economic conditions jumped to 86.8, the highest level since January 2008, while the gauge of consumer expectations slipped to 67.6 from January’s 69.3. “While consumers are becoming more optimistic about current conditions, they remain wary about stretching that optimism beyond the immediate future given continued headwinds in the labor market and overseas,” Omair Sharif, an economist at RBS, wrote in a note. Concerns over inflation have been creeping up lately as commodity prices rise and on jitters that strength in the economy will force the Federal Reserve to hike interest rates sooner than expected. Nonetheless, the Fed is largely viewed as maintaining its accommodative policy for some time. The survey showed the one-year inflation expectation was unchanged at 3.4 percent, the highest rate since the fall of 2008. The five-to-10-year inflation outlook also was unchanged at 2.9 percent. U.S. Treasuries touched session highs following the data as some worried about the long-term outlook, though markets were more focused on news Egypt’s president had bowed to relentless pressure from a popular uprising and stepped down. The December trade deficit grew nearly 6 percent to $40.6 billion as the average price for imported oil leapt to its highest level since October 2008. Overall imports of goods and services were also their highest since October 2008, in a sign consumers and businesses are spending more as the economy picks up steam. A separate survey of forecasters showed the U.S. economy and jobs market are expected to grow more strongly in the first quarter than previously expected. The Federal Reserve Bank of Philadelphia’s survey of 43 professional forecasters sees the economy growing at an annual rate of 3.6 percent in the current quarter, up from the estimate of 2.4 percent three months ago. Though employment remains one of the biggest challenges for the economy, there have been signs the job market recovery is continuing, if not gaining speed. In another positive sign, a measure of future U.S. economic growth rose to a 39-week high in the latest week, according to the Economic Cycle Research Institute, an independent forecasting group. (Additional reporting by Caroline Valetkevitch and Steve Johnson in New York and Doug Palmer in Washington; Editing by Andrea Ricci) Copyright 2010 Thomson Reuters. Click for Restrictions .

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CoStar’s People of Note (Feb. 6-12)

February 11, 2011

This week’s People of Note includes the following markets: Atlanta, Chicago, Columbus, Boston, Denver, Houston, Los Angeles, New York City, Philadelphia, Phoenix, Sacramento, San Antonio, Tampa/St. Petersburg and Washington, DC. SAN ANTONIO, HOUSTON USAA Real Estate Appoints New President, COO Len O’Donnell (pictured, right) joined USAA Real Estate Co. as president and chief operating officer. He will manage operations for the San Antonio…

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Dan Dorfman: Lady Dracula Sees Gobs Of New Jobs

February 2, 2011

For the moment, at least, America’s biggest economic worry — the lofty unemployment rate — may finally be taking a decided turn for the better. In December, 103,000 new jobs were created in non-farm payroll employment. The January number, to be reported Friday by the Bureau of Labor Statistics, could double that with a gain of between 175,000 and 215,000 jobs, according to Madeline Schnapp, the economics chief of West Coast liquidity tracker TrimTabs Research. “We expect the job growth reported by the BLS to surprise on the upside,” she says. Interestingly, Schnapp, who got the moniker “Lady Dracula” in economic circles for being exceptionally bearish on the economy in recent years, has had a change of heart. No longer, like last October, is she warning of a gory jobs story. The reason for her positive shift, she tells me: the trillions of dollars in freshly printed and borrowed money pouring into the system, which she thinks could be a boon for new job creations.. Given her altered economic stance, maybe she should undergo a name change, say to Glinda, who was the good witch of the north in the Wizard of Oz . Why the creation of gobs of new jobs in January? Schnapp offers a slew of reasons, namely: – The TrimTabs online jobs posting index rose 4.5% in January, the biggest monthly gain since October of 2010. – Initial unemployment claims have been trending lower since August of 2010. – Commercial and industrial loan growth accelerated to 1% in the past month. Such strong growth often accompanies a pickup in job growth. – The Federal Reserve’s senior loan officer opinion survey reported the demand for business loans picked up in the fourth quarter of 2010, while demand for commercial and industrial loans was the strongest sine 2006. – Fed manufacturing surveys for New York, Philadelphia, Richmond and Kansas City all reported rising employment. – The Institute of Supply Management business conditions indices for Chicago and New York have both showed job improvements, – The Fed’s “beige book” (a Fed commentary of current economic conditions) reported that labor markets rose in most districts. Temporary staffing firms in six of 12 districts gave positive reports, while eight of 12 said their business contacts planned to hold hiring steady or increase hiring in 2011. – Personal consumption expenditures rose 4.4% in last year’s fourth quarter, the largest hike since the first quarter of 2006. Meanwhile final sales jumped 7.1%, the strongest growth since 1984. – The ISM manufacturing index component surprised on the upside, pointing to strong employment growth. – TrimTabs withholding tax data was strong the last two weeks of January. Because a lot more discouraged workers are coming back into the labor force, Schnapp figures we may not see a sizable improvement in the unemployment rate (presently 9.4%) despite her projected jump in new jobs. In fact, she says, we may even see the unemployment rateactually increase. While bullish now on the economy, Lady Dracula hastens to point out it’s too soon to uncork a fresh bottle of champagne, given her two biggest long-term concerns: the question of whether the economy will be able to grow without extraordinary government support and the additional uncertainty of whether there are sufficient buyers of U.S. treasuries at low yields. What do you think? E-mail me at Dandordan@aol.com

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Halliburton Profit Soars On Jump In Oil Revenue

January 24, 2011

NEW YORK/SAN FRANCISCO (By Matt Daily and Braden Reddall) – Oilfield service company Halliburton Co. posted higher-than-expected profits, boosted by oil projects in North America, and forecast steady growth elsewhere, but said pricing competition could be tough. Shares of the world’s second-largest oilfield services company, which have long traded at a discount to those of larger rival Schlumberger Ltd (SLB.N: Quote, Profile, Research, Stock Buzz), outperformed the sector on Monday in response to the more than doubling of fourth-quarter profit. The rise in oil prices to near $90 a barrel during the period spurred a bout of spending on new wells, overshadowing a decline in natural gas projects, as prices for that fuel remained weak. An 80 percent jump in Halliburton’s North American revenue in the fourth quarter was driven by robust onshore activity, though offshore activity in the Gulf of Mexico remained slack. Graphic on earnings/rig count: r.reuters.com/kym67r On Friday, Schlumberger posted higher-than-expected profits and said it expected client spending to grow. Shares of Halliburton were up 0.5 percent at $39.37 on the New York Stock Exchange in early afternoon trading, off an earlier high of $40.31. The Philadelphia Stock Exchange’s Oil Service index was down 0.2 percent. Halliburton shares are up 25 percent in the last 12 months, but remain a bargain compared with those of peers, analysts said. “It’s still the cheapest of the large-cap diversified (oilfield service) companies,” said RBC Capital Markets analyst Kurt Hallead. Halliburton was trading at a 20 percent discount to rivals based on 2012 earnings forecasts, according to UBS analyst Angie Sedita, who has a price target of $48 on the shares. BEAT THE MARKET Halliburton’s fourth-quarter net profit rose to $605 million, or 66 cents per share, from $243 million or 27 cents per share, a year earlier. Excluding a 2 cent-per-share charge related to former subsidiary KBR Inc’s (KBR.N: Quote, Profile, Research, Stock Buzz) settlement with Nigeria, earnings per share were 68 cents, topping the 63 cents that analysts had forecast on average, according to Thomson Reuters I/B/E/S. Revenue jumped 40 percent to $5.16 billion, while analysts had expected $4.88 billion. Houston-based Halliburton is looking abroad for growth in the year ahead, but margins are likely to remain under pressure as its rivals are chasing growth in the very same markets. “We do see activity increases happening throughout 2011,” Chief Executive Dave Lesar told analysts on a conference call. “The big wild card is just how tough the pricing environment continues to be.” The company said it recently won a 15-well package in Iraq, on top of three deals announced there last year, and it will double its employee headcount in the country to 1,200 in 2011. Lesar sees steady demand in North America this year, helped by the 3,200 uncompleted wells in the region — a number higher than he had expected, and that he sees rising this quarter. Gulf of Mexico activity is moribund as companies struggle to obtain drilling permits in the wake of BP Plc’s (BP.L: Quote, Profile, Research, Stock Buzz) oil spill last April after a blowout that killed 11 workers — for which Halliburton, a BP contractor, could face legal liability. Halliburton is maintaining its staffing in the Gulf even though activity looks likely to stay subdued in the first half of 2011, and possibly for the rest of the year, Lesar said. Halliburton will expand deepwater operations in the Eastern Hemisphere, but did not specify how much it would spend. Competitors Baker Hughes Inc (BHI.N: Quote, Profile, Research, Stock Buzz) and Weatherford International Ltd (WFT.N: Quote, Profile, Research, Stock Buzz) WFT.S report results on Tuesday. (Reporting by Matt Daily in New York and Braden Reddall in San Francisco; Editing by Gerald E. McCormick and Matthew Lewis) Copyright 2010 Thomson Reuters. Click for Restrictions .

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Stewart Acuff: Dying to Work

January 22, 2011

It is 9 pm on a very cold Philadelphia night as I sit down to write this. I’ve just returned from a closed casket viewing of my 19-year-old union brother Mark Keely who was blown up in a gas main explosion three nights ago. Three other union members of his work crew were burned from head to toe. Brother Mark was 19 and had been on the job just five months. Death and horrible injury is a daily possibility for members of the Utility Workers Union of America. Our members are the first of the first responders cutting off the electricity and gas so firefighters and police officers can so their jobs. No one knows how many lives Brother Keely and his crew saved with their ultimate sacrifice. Hundreds and hundreds of union members were at St. Cecilia’s Catholic Church tonight — gas workers and utility workers and cops and fire fighters and machinists and on and on. I cried as I hugged Mark’s Dad and Mother and greeted member after member with Local Union President Keith Holmes. Mark’s death is a stark reminder that America’s workers go to the job every day risking their health and their lives. 17 of us die every week. My mother died of a massive heart attack in her classroom six months before her retirement. Yet those who blather and blabber about how American workers live too well and how we have to compete with the poorest and most exploited workers in the world and how we have to raise the Social Security retirement age never have to get off their asses at their desk with the best view of whatever city they are in. Mark Keely worked hard every day of his working life. He deserved to live a full, rich life like all other workers. But until we realize that working families deserve the best of life–not material riches but dignity and respect and safety, too many of us will die before our time.

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Housing Activities Increase in December, while Philadelphia Fed Eases in January

January 20, 2011

Housing Activities Increase in December, while Philadelphia Fed Eases in January

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Developers Break Ground On Phila. Navy Yard Flex Project

January 3, 2011

The new year brings some much-needed good news for Philadelphia’s beleaguered commercial real estate market. The first large-scale development in the City of Brotherly Love in nearly two years is officially under way. Liberty Property Trust (NYSE: LRY) and Synterra Partners broke ground Monday on two of three planned flex buildings in the Navy Yard Commerce Center totaling 103,137 square feet, and announced the signing of the project’s first tenant…

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David Isenberg: The Three Fifths PMC

December 17, 2010

As I have noted on more than one occasion private military and security contractor supporters frequently argue that using contractors is less costly than using regular military forces. I’ve pointed out that in strict economic terms much of the time the empirically evidence supporting this claim is, to put it politely, lacking. But let’s say it is true. Is that a good thing? No. Here is why. One argument made in favor of PMC that has always irked me is the lesser political cost argument. This is the argument that using PMC generates less outrage than using a regular soldier. It may even be true but should it? Absolutely not I think. Are not all lives precious? Does the fact that someone that a private sector man or woman is killed, instead of a soldier or marine, in prosecution of a war that nation they are both citizens of, make the death of the former less significant? If people really believe that is true we are indeed in a lot more trouble than people think, ethically and morally speaking. The following excerpt from a paper by a law school professor, published earlier this year, details the problem. Markus Wagner, of the University of Miami School of Law, writes in the paper ” The Second Largest Force: Private Military Contractors & State Responsibility “: Apart from the – unknown – economic aspects of employing PMFs however, there are less tangible, but maybe more important aspects that must be taken into consideration when discussing the use of PMFs in engaging in conflicts or waging war. One of the main benefits of employing PMFs is that military confrontations are politically cheaper to carry out than when using regular troops. At home, the death of an enlisted member of the armed forces is – and should be – a tragic reminder of the human costs involved in fighting an armed conflict. The same sentiment is not shared for those who die receiving their paychecks not from a defense department located in a country’s capital, but from a company such as Sandline or MPRI-L3. Their families or friends are just as aggrieved as those whose mother, father, daughter, son, brother or sister has fallen for her / his country; however, the nation does not mourn for these individuals the same way and their ceremonies do not invoke national symbolism. They are seen as the “dogs of war” or mercenaries, fighting for personal gain. And at least so far, it does not appear that the death of contractors carries as high a price for politicians as the death of enlisted soldiers. Those who remember early American history might ponder the similarity to the Three-Fifths compromise. That was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. Delegates opposed to slavery generally wished to count only the free inhabitants of each state. Delegates supportive of slavery, on the other hand, generally wanted to count slaves in their actual numbers. Since slaves could not vote, slaveholders would thus have the benefit of increased representation in the House and the Electoral College. The final compromise of counting “all other persons” as only three-fifths of their actual numbers reduced the power of the slave states relative to the original southern proposals, but increased it over the northern position. Do we really want a situation where a private military contractor is considered a lesser person when it comes to totaling the ultimate sacrifice? Wars are always horrific and costly affairs. If we minimize its costs we run the risk of making people think it is not so hard to do and perhaps they will do more. That is a compromise we should not live with.

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Video: Philadelphia’s Nutter Seeks 401(k)-Style Retirement Plan

December 10, 2010

Dec. 10 (Bloomberg) — Philadelphia Mayor Michael Nutter, a Democrat, talks about the city’s retirement plan. Nutter says the sixth-most populous U.S. city is negotiating with public employee unions to move to a 401(k)-style defined-contribution plan. He talks with Mark Crumpton on Bloomberg Television’s “Bottom Line.” (Source: Bloomberg)

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Tina Wells: XIPWIRE Lone US Company Enabling Donations to Wikileaks

December 8, 2010

XIPWIRE, a company that allows customers to transfer cash using their mobile phones, is the only US company currently accepting donations on behalf of WikiLeaks. Based in Philadelphia, the service, which soft-launched earlier this year, quickly built a base in its hometown, catering to restaurants and a host of non-profits — including Catholic charities and food banks. But its latest campaign under its XIP2GIVE umbrella may prove more high profile and media generating than all of the others combined. Just 24 hours ago, the company began accepting donations on behalf of WikiLeaks. Although the founders, Sibyl Lindsay and Sharif Alexandre, won’t disclose how much they’ve received in total donations, they will say that hundreds of people have donated, and those donors are making significant gifts to WikiLeaks. Although the founders have not been able to establish a formal relationship with WikiLeaks yet, they have assured donors that all funds will be kept in an account, and the funds will be transferred once they’ve made a connection with WikiLeaks directly. “They’ve been a little hard to get a hold of directly,” Alexandre said. For a startup, having a relationship with a controversial organization like WikiLeaks might pose a PR crisis, but Alexandre isn’t worried. He feels that people have the right to donate to whatever causes they want to. And as always, XIPWIRE is just stepping in to serve the needs of their customers. As a part of a statement, Alexandre said “It’s a completely different story if they (Wikileaks) were illegal on some level, then definitely that’s a line we would not cross.”But they haven’t done anything different than The New York Times and The Guardian.” Still, even though XIPWIRE is pleasing their customers, one has to wonder if there will be any repercussions from their corporate customers. This is definitely something the founders have given some thought, but they feel they’ve made the best decision for their company. “We’re fully aware that not everyone likes what Wikileaks is,” Alexandre said. “But we are prepared to accept the consequences.”

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Michael Feeney Becomes Regional Sales Director, Mid-Atlantic, for Trustmark Voluntary Benefit Solutions

December 7, 2010

Serving Philadelphia, Baltimore and Washington, D.C.

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Fed Governor Casts Doubt On QE2

December 3, 2010

ROCHESTER, N.Y. — A veteran Federal Reserve official has again expressed doubts that the central bank’s $600 billion bond-buying program will do very much to stimulate the economy. Charles Plosser, president of the Federal Reserve Bank of Philadelphia, said at a forum in Rochester on Thursday he expects U.S. economic growth to pick up steam in 2011 but foresees only a gradual decline in the nation’s high unemployment rate. Saying he’s “still somewhat skeptical” about the asset purchases, Plosser urged central bankers to remain poised to stop them if they aren’t having much effect to avoid potentially fueling excessive inflation. The Fed announced Nov. 3 that it would buy government bonds over eight months in hopes of invigorating economic growth and lowering unemployment.

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Video: Plosser Sees U.S. Jobless Rate Near 8% by End of 2012: Video

November 19, 2010

Nov. 19 (Bloomberg) — Federal Reserve Bank of Philadelphia President Charles Plosser spoke with Bloomberg’s Sara Eisen in Washington yesterday about the outlook for U.S. employment and the Federal Reserve’s quantitative easing policy. (Source: Bloomberg)

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Video: Plosser Sees U.S. Jobless Rate Near 8% by End of 2012: Video

November 19, 2010

Nov. 19 (Bloomberg) — Federal Reserve Bank of Philadelphia President Charles Plosser spoke with Bloomberg’s Sara Eisen in Washington yesterday about the outlook for U.S. employment and the Federal Reserve’s quantitative easing policy. (Source: Bloomberg)

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