Wednesday, August 30, 2006

Adeza drug doesn't need new trial: FDA experts


FDA advisors recommend no new tests for Gestiva in prevention of preterm births.
NEW YORK -- A U.S. advisory panel on Tuesday said Adeza Biomedical Corp. did not need to conduct another study to show its drug Gestiva was effective in helping prevent premature births in women who previously delivered a baby too early.
The Food and Drug Administration panel of outside experts made the recommendation in a 12-9 vote against another trial for Adeza's (up $0.61 to $15.91, Charts) experimental drug.

Teva settles generic OxyContin suit


Pharmaceutical manufacturer agrees with Purdue Frederick Co. to stop making generic version of popular painkiller.
NEW YORK (CNNMoney.com) -- Teva Pharmaceuticals, the world's biggest manufacturer of generic drugs, has settled a patent infringement case with The Purdue Frederick Company over generic OxyContin, the companies said.
Teva (down $0.67 to $34.69, Charts),
based in Jerusalem, said that as part of the settlement it will stop selling generic versions of the painkiller OxyContin "at a future date."
The settlement agreement will be submitted to the Federal Trade Commission and the Antitrust Division of the Department of Justice, Teva said. The settlement still has to be approved by U.S. district court for the Southern District of New York.

Schering settles sales probe for $435 million


N.J. drugmaker pleads guilty to criminal charge, puts federal investigation to rest.
NEW YORK -- Schering-Plough said Tuesday it settled a criminal investigation into its sales practices and agreed to pay $435 million in fines and damages.
The New Jersey-based drugmaker said the agreement with the U.S. Attorney's Office for the District of Massachusetts and the Justice Department calls for it to pay a criminal fine of $180 million to settle the investigation into its sales, marketing and clinical trials.
Schering (up $0.16 to $20.57, Charts), the nation's no. 9 drugmaker, said it pleaded guilty to one count of conspiracy to make false statements to the government.
The company also agreed to pay $255 million "to resolve civil aspects of the investigation." Schering has set aside $500 million in litigation funds to cover these costs, which more than covers the total damages.
"We do take full responsibility for the actions of the past, but by that same token we're happy to put this behind us and focus on continuing to build the state of the art compliance program for the future to make sure these things don't happen again," Brent Saunders, senior vice president of global compliance and business practices, said to CNNMoney.com.
Saunders said criminal activity occurred before a new management team led by Fred Hassan came to the company in April 2003. Saunders was hired as part of this team in 2003, and said he heads the new compliance department to bring "business integrity into the DNA of the company."
Hassan is seen as a success story, partly because the company's stock price shot up 17 percent since his takeover, compared to the drug industry's paltry gain of 1 percent during the same period. But Schering has underperformed the S&P 500, which gained 46 percent during that time.
The settlement still has to be approved in court.

Hackers steal AT&T customer info


Company notifying nearly 19,000 customers; online store shut down hours after breach occurred.
NEW YORK -- Personal data, including credit card information, of thousands of AT&T customers was stolen by hackers over the weekend, the company reported late Tuesday.
The breach, which affected customers who purchased DSL equipment through AT&T's (Charts) Web store was discovered within hours and the online store was shut down immediately, said AT&T in a press release.
AT&T said it was sending notifications to nearly 19,000 customers, and that it would pay for credit monitoring services for the affected customers.
"We recognize that there is an active market for illegally obtained personal information. We are committed to both protecting our customers' privacy and to weeding out and punishing the violators," said Priscilla Hill- Ardoin, chief privacy officer for AT&T, in a statement.
"We deeply regret this incident and we intend to pay for credit monitoring services for customers whose accounts have been impacted. We will work closely with law enforcement to bring these data thieves to account."

'Small-Marts' take on Wal-Mart

Small, local groups nationwide are fighting back against big business and helter-skelter globalization.
NEW YORK (Fortune) -- Local businesses in Whatcom County, Wash., next month will exhort their customers to "Buy Fresh Eat Local." Some people in the scenic, mountainous region will take a pledge to nourish themselves for a week entirely from the local food shed - drinking milk from local cows, eating fresh-baked organic bread and patronizing restaurants like Flats Tapas Bar, which will serve such dishes as flatbread with all-local smoked salmon, caramelized apple, gouda cheese and hazelnuts. Others will enjoy the Downtown Carrot Jubilee, a chance to taste local carrots harvested that day; they'll wear "I Ate Local Today" stickers."We want to help raise awareness of the value of local food systems," explains Max Morange of Sustainable Connections, a network of more than 500 Bellingham-area businesses that sponsors the annual event. "We're losing farmland very quickly." So committed to localism is Morange, a 25-year-old slow-food activist, that last year he churned his own butter rather than buy spread "imported" from elsewhere.The campaign is a stunt, to be sure, but it's also evidence of a backlash - against look-alike chain stores and helter-skelter globalization. Groups like Sustainable Connections have taken root in a variety of places, including downtown Philadelphia, the coast of Maine, rural St. Lawrence County in New York, Santa Fe and Ithaca, N.Y. About 20 local networks have affiliated with a national business group called BALLE - the Business Alliance for Local Living Economies - that was formed just five years ago.How local businesses can fight backOne of the leading thinkers about the new localism is Michael Shuman, a BALLE board member, Stanford-educated lawyer and economist and author of a lively, new book called "The Small-Mart Revolution: How Local Businesses are Beating the Global Competition" (Berrett-Koehler, 2006).The subtitle is hyberbolic. Last time we checked, shoppers were leaving Main Street merchants to save money at Wal-Mart, independent bookstores were struggling to compete with Amazon and Barnes & Noble and global giants were swallowing regional banks. But Shuman tries to show how local firms can do battle with the global giants. "There's an awful lot of misunderstanding about small business," Shuman says. "Small-marts are responsible for most of a typical community's economy." He's got a point. Firms with fewer than 500 employees account for about half of private sector employment in the United States. But between 1990 and 2001, about 4 percent of jobs shifted from very small to large firms, a trend Shuman argues can be slowed down and even reversed. In "Small-Mart Revolution," Shuman identifies eight "deglobalizing" trends that he says will help local businesses compete. They include rising energy costs, the inefficiencies of global distribution, consumer desires for more personalized services and the growing loyalty of workers to small, local firms.You can see these forces coming into play already. As shipping costs increase, it doesn't make much sense to ship potatoes from Idaho to remote corners of America where farmers can grow their own. Local, small-scale sources of fuel - from wind farms to solar panels to cellulosic ethanol to methane gas digesters - look more attractive when oil sells for $70 a barrel. Shuman also makes a compelling case that the tax breaks and government subsidies that flow to big companies are not just a waste of taxpayer money, but an unfair burden for small, local, loyal companies. "The playing field is tilted like a double black diamond ski slope against locally-owned business," Shuman writes.To counter the market power of giants like Wal-Mart and Home Depot, Shuman says that small-marts have to join together and consumers have to become more aware of the impact of their spending and investing choices. That's what's happening in Bellingham.Sustainable Connections publishes a coupon book called "Where the Locals Go" that features discounts from more than 160 businesses. The group sponsors workshops on green building, featuring local contractors. It promotes renewable energy with Puget Sound Energy (Charts), the local utility company that operates one wind farm and is building another. While this example of a self-supporting economy is appealing, Shuman's book raises thorny questions. Can "local first" work for all cities and towns? Is it even a desirable goal? Local businesses, after all, are not likely to develop a Boeing 747, an iPod, Google or a Blackberry Green Tea Frappuccino. Nor are local businesses necessarily better for the world than global ones, especially as big companies embrace socially-responsible practices.Maybe the toughest issue raised by the new localism is its potential to morph into protectionism, slamming the door on exports from poor countries and hindering their efforts to grow. To his credit, Shuman addresses this issue at length. He argues that the developing world will benefit by developing small-scale local businesses rather than relying on exports to the west. But he doesn't want to go too far. "If I felt communities were going to shut their door to the rest of the world," he says, "I'd stop doing what I'm doing." Instead, he's trying to start a small-scale chicken business called Bay Friendly Chicken ("Better Bird, Better Taste, Better Bay") with chicken growers in the Delmarva Peninsula, so-called because it cuts across Delaware, Maryland and Virginia. The company will pay living wages, give ownership stakes to farmers and sell natural, air-chilled chickens. It sounds great, but don't expect to see Bay Friendly Chickens in the supermarket anytime soon - unless you live near the Chesapeake Bay.

Google sets ad deal with eBay


Search giant to supply Web search ads overseas, as well as 'click-to-call' links.
SAN FRANCISCO (Reuters) -- Google Inc. will supply eBay Inc with Web search advertising outside the United States, and the two will join forces on "click-to-call" ads that link online shoppers to customer service operators, the companies said Monday.
EBay (Charts) said that for international online text advertising it had agreed to rely exclusively on Google instead of existing partner Yahoo Inc (Charts), which in May struck a parallel deal to handle all of eBay's U.S. ads.

The eBay contract is part of a string of deals this month for Google. It previously said it planned to begin testing an ad-supported Web video syndication system with Viacom's MTV Networks. It also struck a deal to supply ads to MySpace users and other Web properties ofNews Corp. (Charts)
"This (latest deal with eBay) in fact is the most important of these areas," Google (Charts)
Chief Executive Eric Schmidt said in a phone interview.
"You can now see Google's strategy in each of these new markets," Schmidt said of MTV Web video, the MySpace community and eBay e-commerce partnerships. "These are very large businesses for us. I don't know what rate they will grow at."
Separately, on Sunday, Google said it was moving beyond search and advertising into the business software market, starting with a set of Web programs for e-mail, scheduling and communications. It plans to add additional programs later.
Financial terms for components of the deal involve revenue sharing, but the companies did not disclose specific details. EBay said it did not expect the Google agreement to have a material impact on its financial results in 2006 or 2007.
EBay increasingly depends on paid search advertising to drive bidders to its auctions and sales. Its new pacts seek to make it easier for buyers to search for items for sale on eBay, while being careful not to offend sellers with competing ads.
Through its deal with Yahoo, Whitman said eBay had already begun testing ads that appear when U.S. customers fail to locate what they want on an eBay auction search.
The Google pact expands this to international sites.
If and when eBay sellers become more comfortable seeing ads alongside their listings, eBay plans to expand the number of pages where Yahoo or Google ads may appear, she said.
Phoning web customer search
The companies said they will jointly offer "click-to-call" advertising using the respective instant message and Web phone-calling services of the two companies - eBay's globally popular Skype and Google's own nascent Google Talk service.
Click-to-call is where advertising merges into e-commerce. It allows potential buyers to click on Web-phone ad links and talk directly to sellers or their representatives.
The technique is seen as a promising way to reach merchants or advertisers who may not have a Web site, or who rely on Yellow Pages telephone directories to find possible customers.
"The vast majority of businesses still serve customers via the phone," eBay Chief Executive Meg Whitman said in a joint interview with Google's CEO. "This is the online equivalent."
"Google and eBay are uniquely positioned to make this market a reality," she added.
EBay is the world's dominant provider of online auctions. It has also signed up more than 100 million users worldwide for its Skype message and Web phone-calling service. Google has a leading position in Web search and associated ad technologies.
EBay said it would soon offer Skype users the option to download the Google Toolbar, which has quick links to Google services, especially Web search. The two will explore making Skype and Google Talk work together for text chats and to help make users aware when users of the other service are online.

Barnes & Noble caught in options fray


Shares of bookseller fall nearly 2 percent as it receives subpoena, becomes latest company to be investigated over how it awarded stock.
NEW YORK (Reuters) -- Barnes & Noble said on Tuesday that it received a subpoena from the attorney for the Southern District of New York, requesting documents on its stock option practices.
Barnes & Noble has become one of more than 80 companies to say it is being investigated in a quickly spreading scandal over stock options.
The operator of the bookstore chain said it received the subpoena on Friday, making the statement in a brief regulatory filing. It had previously announced it was reviewing stock option practices and said the Securities and Exchange Commission was conducting an informal inquiry with respect to them.
Barnes & Noble said it is cooperating fully with the SEC and intends to cooperate fully in responding to the subpoena.
Shares of Barnes & Noble (down $0.67 to $34.60, Charts) fell 1.8 percent on the New York Stock Exchange in early afternoon trading.

Tuesday, August 29, 2006

The lighter side of dark M&M's


Mars focuses on fun as it adds dark chocolate to its permanent M&M's collection.
NEW YORK -- A new ad campaign launched by the owner of the M&M's brand aims to make eating dark chocolate a scream.
M&M's is offering 2 million dark chocolate M&M's for the return of "The Scream," a painting by Edvard Munch that was stolen from the Munch Museum in Oslo, Norway, in 2004.
The campaign accompanies the permanent addition of dark chocolate candies to the M&M's product line, which was announced earlier this month.
"We've received tremendous interest from consumers to make M&M's Dark Chocolate a permanent offering," Michele Kessler, vice president of marketing at Masterfoods USA, said in a statement.
Masterfoods USA owns the M&M's brand and is a part of closely held food manufacturer Mars, Inc.
The campaign aims to bring some fun into the dark chocolate category, which is perceived to be more serious, Masterfoods said.

Hurl your cell phone, win a prize


Contestants at the Mobile Phone Throwing World Championship in Finland come from as far away as Canada to toss telephones.
SAVONLINNA, Finland (Reuters) -- Anyone wanting to throw away their mobile phone can do it in style and may even win a medal - at the Mobile Phone Throwing World Championship, Finland's latest contribution to offbeat athleticism.
Originally a local event in this small town close to the Russian border, the seventh annual contest Saturday drew some 100 throwers from as far as Canada, Russia and Belgium.
Founder Christine Lund describes the event as a good source of light exercise with an environmentally friendly twist. "There are a lot of mobile phones on the second-hand market, and we are recycling them [before they become toxic waste]," she said.
The inventive Finns had already given the world the Sauna World Championships and the Wife Carrying Competition before coming up with a new way to make mobile phones even more mobile.
This year's gold medal went to Finland's Lassi Etelatalo, who flung a scrapped Nokia unit a forceful 89.00 meters. "I prepared by javelin throwing, I haven't really practiced throwing mobile phones," Etelatalo told Reuters.
In the freestyle event, Dutchman Elie Rugthoven's phone landed outside the designated area, but he still won silver thanks to a phone-juggling performance that impressed the judges.
Lund says competitors all have their favorite throwing brand. "People choose by size, by color or by how it fits in the hand ... Some believe a heavy model will ensure a long throw, some want a light one."

Boeing sets $3 billion stock buyback


Aircraft maker to buy up to 5% of its stock, which has fallen since hitting a record high in May.
NEW YORK (Reuters) -- Boeing Co., whose stock has fallen 16 percent since May, has approved a plan to buy back up to $3 billion of its own shares, equal to about 5 percent of its publicly traded stock.
The move, announced after the market close Monday, comes amid a general downturn in aerospace and defense stocks, which have fallen sharply in recent months after a three year run-up during the Iraq war and a boom in plane orders.
The Chicago-based plane maker, which is also the Pentagon's No. 2 supplier, said the repurchased shares would be used for general corporate purposes, including stock options.
Boeing (Charts) stock rose about 0.6 percent in after-hours trading on the news.
"We are enhancing shareholder value with a balanced use of our cash flow," said Boeing CEO Jim McNerney. "Our record backlog, strong operating performance and solid balance sheet allow us to invest in growth programs like the 787 Dreamliner while also pursuing a significant share-repurchase program."
Boeing has been performing well financially for the past year or so, despite recording a second-quarter loss last month after some large one-time charges.
In 2005 Boeing reported $2.6 billion in profit as it booked a record 1,002 net commercial plane orders and its defense unit reported its highest ever revenue on the back of strong U.S. defense spending.
But this year analysts are predicting a slowing of growth in the U.S. defense budget and saying the commercial airplane boom has already hit its peak. Boeing's shares hit an all-time high of $89.58 on May 10, but since then have fallen more than 16 percent.
The shares closed up about 1 percent in Frankfurt trading early Tuesday after the after-hour announcement Monday.
Boeing added that it had terminated its existing share buyback plan, which it said was largely complete. That plan, launched in 2005, authorized the repurchase of 40 million shares. The company said it has spent about $5 billion buying back its stock since 2004.

Big merchants learn from the Big Easy


Why large chain stores should tap into the $90B potential of inner-city markets like New Orleans.
NEW YORK -- In the year since Katrina devastated New Orleans, large chain stores like Home Depot and Wal-Mart have reopened most of their damaged stores there. More significantly, retailers like Walgreen and CVS are already looking to add new stores in the area.
What's the catalyst?
Industry watchers say these retailers want quickly to regain their foothold in one of America's most lucrative, yet largely untapped, retail markets: the inner cities.
"Most large scale suburban retail development is done. So the inner cities have become the new hot retail market. It's a market that has a lot of potential but it's still largely underserved," said Herb Tyson, vice president of state and local government relations with the International Council of Shopping Centers (ICSC).
Prior to Katrina, the inner city of New Orleans was a booming $2 billion retail marketplace, according to a Boston-based nonprofit group called the Initiative for a Competitive Inner City (ICIC), which has assessed the retail potential for 100 of the largest inner cities across the nation over the past eight years.
To put that number in perspective, the size of Boston's inner-city market is about $1.5 billion, Chicago's market is valued at $6.5 billion and Los Angeles's at $7.3 billion.
According to ICIC's spokeswoman Deirdre Coyle, most of those cities - with the exception of New Orleans - showed a lack of mass-market retail penetration.
"Gateway cities like New Orleans are more attractive retail markets because merchants realize they can pull customers both from local residents and from tourists," Coyle said.
Why go to Detroit or Philly?
At the same time, Coyle said retailers are making a costly mistake if they think other cities like Detroit or Philadelphia aren't good business opportunities because they don't have the same customer appeal as the Big Easy.
Here's why.
First, the U.S. inner-city population of about 21 million people represents a retail market of more than $90 billion, according to the latest estimate available. That's a sizable expansion opportunity for retailers at a time when most big-box chains are threatened by saturation in their more typical suburban markets.
Secondly, about 38 percent of inner-city households are classified as "moderate to middle income," meaning they earn an annual income ranging from $20,000 to $50,000. That is slightly more than the national average of 36 percent, Coyle said.
Inner-city businesses are also at an advantage because of higher population density. "Our research shows that inner-city residents with lower per capita income tend to spend a higher percentage of that income on retail purchases," Coyle said.
For example, the group's research showed a grocery store in the suburbs of New York City requires a 20-mile radius to achieve a customer base with the same buying power as a 10-block radius in Harlem.
"Harlem is a great example of successful inner-city retail penetration," Coyle said. "Once the mass market retailers went to Harlem we started to see the next wave of business activity develop through new hotels, restaurants and other types of retailers selling better-quality products."
As retailers set up shop in these secondary markets, it also creates more jobs for local communities. New Orleans's clothing stores, for example, employ 13 of every 1,000 of its inner-city residents, Coyle said.
Obstacles remain
"We feel there is a very compelling business case to be made here for the business opportunities in cities like New Orleans. But we're also not na飗e to the challenges retailers face in those markets," Coyle said.
Higher rates of crime and poverty in many of these urban markets also act as a deterrent to retailers. ICIC defines an "inner city" as having a rate of poverty 20 percent or higher, an unemployment rate one and a half times or higher than the surrounding metropolitan area or median household income one-half or less that of the surrounding metropolitan area.
Other obstacles include restrictive zoning laws and limited land availability and higher land costs, she said. It's much harder for Wal-Mart, Target and other large format retailers to find the space in inner cities to build their supercenter stores.
Wal-Mart (Charts) continues to face opposition in some cities in California where residents fear the big-box format will cause traffic congestion, hurt smaller independent businesses and drive out better-paying jobs.
"It's an attitudinal challenge," Coyle said. "Unfortunately retailers get caught in a quagmire of regulations and city and community politics. But then again, the most successful business models are established in collaboration with everyone involved."
The retail road map for inner cities calls requires that retailers literally think outside "the box." "If you can't find space, build vertically and make smaller stores. Inner cities are heterogeneous markets with various ethnic and income groups. You can't have a one-size-fits-all model here," Coyle said.
Innovation helps
ICSC's Tyson said Wal-Mart, Target, Starbucks are a few retailers that have aggressively been targeting new locations in the densely populated inner cities.
Burt Flickinger, managing director with consulting firm Strategic Resources Group, credited drugstore chains CVS (Charts), Rite Aid (Charts) and Walgreen (Charts) with doing a "brilliant job in positioning themselves to cater to the urban inner city markets.
"Between 35 and 40 percent of their stores are devoted to conventional supermarket categories like dairy, foods and other refrigerated products even though they operate as drugstores," said Flickinger. "These companies almost operate as mini supermarkets in inner cities."
Other than innovating with the conventional store model, Flickinger suggests, inner-city retailers also up the ante on prices, service and products as a way to battle the growing dominance of family-owned retail chains.
"The other side of the urban retail story is the real growth of Latino-owned and operated retailers," Flickinger said. "They're quickly becoming very successful, high-volume chains because they can effectively cater to niche demands of a growing ethnic consumer base in these markets."
Starbucks, Wal-Mart, Target and Home Depot were not immediately available for comment.

To TiVo or not to TiVo


Despite a big legal victory and new deal with cable company Cox, some analysts think TiVo's stock is due for a pause after a big rally.
NEW YORK -- Wall Street just can't figure out TiVo. Sure, most consumers love the digital video recorder company, which has become the equivalent of Kleenex or Google for the DVR industry.
But over the past few years, the stock chart has looked like one of those sine/cosine graphs from your high school trigonometry class: plenty of peaks and valleys.
Bulls argue that TiVo's loyal subscribers and innovative technology and patents will eventually lead the company, which continues to lose money, to financial riches. Bears counter that there is too much competition from cable companies, which offer their own DVRs to customers at a reasonable price.
For now, TiVo is once again on the upswing. Shares of TiVo (Charts) have surged 53 percent in 2006, with much of the move coming this month. The stock has zoomed more than 20 percent in the past week and a half on news of a favorable court ruling and a licensing agreement with cable company Cox Communications.
Earlier in August, a federal judge issued an injunction against satellite TV company EchoStar (Charts), ruling that EchoStar must stop selling many of its own digital video recorders since a jury found in April that EchoStar had infringed on one of TiVo's patents. An appeals court later blocked the injunction temporarily, however.
Still, some think the TiVo-EchoStar legal battle opens the door for TiVo to make more deals with cable companies that would rather not fight TiVo in court. To that end, Cox, the nation's fourth-largest cable company, announced last week that it would allow its DVR customers to download TiVo software to their cable boxes beginning next year.
In addition, DirecTV (Charts) announced in April that it was extending its deal to support customers that currently have TiVo through DirecTV for another three years. Although the satellite company is not marketing TiVo to new subscribers because it has developed its own DVR with sister company NDS Group, this deal was seen as significant because as part of the agreement, DirecTV and TiVo also agreed that they would not sue each other over patents.
"My sense is that TiVo has been negotiating with cable companies all along but the recent verdict helps. The Cox deal was probably sped up a little bit by the injunction against EchoStar," said Alan Gould, an analyst with Natexis Bleichroeder. "I would assume that TiVo is negotiating with Time Warner, Charter, Cablevision and other big cable companies." (Time Warner (Charts) also owns CNNMoney.com.)
In theory, this should be great news for TiVo. And Gould has an $11 target on TiVo's stock, which is about 38 percent higher than the price at which the stock currently trades.
How big is the cable opportunity?
But how much will TiVo really gain from striking licensing deals with cable companies? This remains to be seen, and that has some analysts turning skeptical, especially following the recent run in TiVo's stock.
After all, TiVo already has a deal with Comcast (Charts), the nation's largest cable company, that is similar to the one with Cox. Comcast will roll out TiVo's software to its customers later this year, but analysts aren't certain how much TiVo will receive from Comcast.
"I would like to get more details about how the rollouts at cable companies will occur since that could have a big impact on the economics for TiVo," said Mark Harding, an analyst with Maxim Group.
Harding said that it would be more beneficial to TiVo if all Comcast and Cox DVR customers automatically received upgraded services with TiVo since that would lead to more monthly subscription revenue for the cable companies and TiVo to divvy up. Instead, it appears that subscribers will have the option to download the software, Harding said.
As such, one analyst thinks that deals with cable firms won't wind up being that much of a revenue growth opportunity for TiVo.
"Even if all major U.S. cable operators incorporated TiVo's software as a subscriber option for their DVRs, and using aggressive assumptions, this would not be more than $35-$40 million per year by 2009," wrote Brian Coyne, an analyst with Friedman, Billings, Ramsey, in a report last week following the news of the Cox deal.
Coyne pointed out that this amounts to just 8 percent of the total revenue he expects TiVo to generate next year.
Analysts are hoping for more details about the Cox and Comcast deals when TiVo reports its latest financial results on Wednesday. Wall Street expects the company to report a quarterly loss of 14 cents per share on sales of $51 million.
It is the escalating losses that have some concerned. TiVo actually broke even in last year's second quarter. For the full year, analysts expect TiVo to report a loss of 67 cents a share, compared to an annual loss of 41 cents a share in 2005
"I would be recommending caution on TiVo's stock. With so much uncertainty out there I'd wait on the sidelines," Harding said..
And Natexis's Gould, who is bullish on TiVo's stock, concedes that TiVo probably won't report a full year of positive cash flow until 2008 and that it won't be profitable until after that.

Monday, August 28, 2006

Report: Ford eyes credit unit sale


Embattled No. 2 automaker is considering sale of "significant stake" in Ford Credit as it tries to draft new turnaround plans.
NEW YORK -- Ford Motor Co. is weighing selling a "significant stake" in its Ford Credit unit as the troubled automaker tries to come up with a new reorganization plan, according to a published report.
The Detroit News reported Monday that a sale of a stake in Ford Credit is now under consideration, although it said such a sale isn't Ford's primary focus as it concentrates on operational issues in the wake of losses and declining market share.
Competitor General Motors (Charts) and Ford (Charts) have both seen their cost of capital needed by their finance units rise due to the junk bond status for the two corporations. In response, GM announced in April it would sell a 51 percent stake in GMAC to a private equity firm, a deal that is now in the process of being closed.
Ford executives have previously said they weren't looking to sell a stake in Ford Credit, which like GMAC has been a major source of profits for the company that has been losing money on its core auto business. The Ford finance unit has a much more limited line of business than GMAC, which has a full line of mortgage and insurance offerings.
But while GM has moved to correct some of its financial problems this year, Ford has seen its problems worsen. In July its U.S. sales trailed Toyota for the first time in history and it slashed fourth quarter production plans by 21 percent to try to addressed continued weak sales, especially in its key light truck segment. It has said it will announce adjustments to its reorganization plan in September.
A sale of its Premier Auto Group, which includes the Jaguar and Land Rover brands, perhaps to a group led by former Ford CEO Jac Nasser, is another move that is reportedly being considered by Ford, as is a broader cash offer to union-represented workers at Ford to get them to retire or leave the company. The company may even consider taking itself private, according to one recent report.
Ford director Robert Rubin, a chairman of the executive committee at Citigroup (Charts), resigned from the Ford board Friday, saying that as the automaker "undertakes its upcoming review of strategic options, Citigroup's multi-faceted relationship with Ford could raise a question whether my relationship with Ford and Citigroup creates an appearance of conflict."
Citigroup has been working to expand its auto-lending portfolio, according to the News. The financial services firm was one of the key players in the GMAC deal.

FedEx, pilots' union agree on contract


After two years of talks, both sides reach a tentative four-year agreement.
CHICAGO (Reuters) -- Package delivery company FedEx Corp. and the association representing its pilots said Sunday they have reached a tentative agreement on a new four-year contract after more than two years of talks.
Memphis, Tenn.-based FedEx (Charts) and the Air Line Pilots Association International said the agreement - reached Saturday evening - is subject to review before being finalized.
FedEx's 4,700 pilots will then vote on whether to accept the new contract. If ratified, the contract will become amendable in 2010.
Negotiations on a new contract began in March 2004.
In June, FedEx rival United Parcel Service Inc. (up $0.57 to $70.57, Charts) reached a tentative agreement on a new labor contract with its pilots' union, after four years of talks.
A vote on that potential contract is expected by mid-September. Atlanta, Ga.-based UPS has some 2,700 pilots.

Sunday, August 27, 2006

Microsoft unveils Windows, the Incan version


'Kichay': Men in ponchos gather with Microsoft executives in Bolivia's capital to launch new version of operating system.
SUCRE, Bolivia (Reuters) -- Microsoft launched a version of its software in the Incan language of Quechua Friday, boosting Bolivian President Evo Morales' quest to promote Bolivia's native tongues.
Some 200 people, many of them Quechuan Indians clad in ponchos, joined local Microsoft executives to unveil the version of the Windows operating system and Office software in Bolivia's constitutional capital.
"Open" is replaced by "Kichay" and "Save" by "Waqaychay" in the version in Quechua - a language spoken by more than 2.5 million people in Bolivia, and some 10 million throughout South America.
Since taking power in January, Morales, an Aymara Indian, has sought to promote Indian culture and end discrimination against indigenous peoples in South America's poorest country.
Government officials said they were excited about the new software but concerned it could be costly for many in Bolivia's poor indigenous majority.
"We congratulate Microsoft for having facilitated the use of computers in our own languages, but we have to advance towards systems that are more open because we still have to pay a license fee (to use the software) to Microsoft," Bolivia's Foreign Minister David Choquehuanca said.
Windows and Office In Quechua can be downloaded free from the Internet, but only by those who already own licensed versions of the software packages.
Maritza Yapu, a 28-year-old Quechua teacher, thinks the new version will help Quechua speakers breach the digital divide with Spanish speakers in Bolivia.
"Quechua is experiencing a revival, some university teachers read their courses in Quechua, and now the (education) Ministry is including the language in primary education," said the teacher.
The Quechua translation was carried out by academics from three Peruvian universities in coordination with the Education Ministry in Peru - where Quechua is also spoken - and Microsoft.

Beanstalk brainiacs


Study says tall people are smarter than their shorter peers.
NEW YORK -- While researchers have long shown that tall people earn more than their shorter counterparts, it's not only social discrimination that accounts for this inequality -- tall people are just smarter than their height-challenged peers, a new study finds.
"As early as age three - before schooling has had a chance to play a role - and throughout childhood, taller children perform significantly better on cognitive tests," wrote Anne Case and Christina Paxson of Princeton University in a paper published by the National Bureau of Economic Research.
The findings were based primarily on two British studies that followed children born in 1958 and 1970, respectively, through adulthood and a U.S. study on height and occupational choice.
Other studies have pointed to low self-esteem, better health that accompanies greater height, and social discrimination as culprits for lower pay for shorter people.
But researchers Case and Paxson believe the height advantage in the job world is more than just a question of image.
"As adults, taller individuals are more likely to select into higher paying occupations that require more advanced verbal and numerical skills and greater intelligence, for which they earn handsome returns," wrote the researchers.
For both men and women in the United States and the United Kingdom, a height advantage of four inches equated with a 10 percent increase in wages.
But the researchers said the differences in performance crop up long before the tall people enter the job force. Prenatal care and the time between birth and the age of 3 are critical periods for determining future cognitive ability and height.
"The speed of growth is more rapid during this period than at any other during the life course, and nutritional needs are greatest at this point," the researchers wrote.
The research confirms previous studies that show that early nutrition is an important predictor of intelligence and height.
"Research on the determinants of cognitive ability suggests an important role for nutrition, which may well prove to be a significant link between height and intelligence," they wrote.

U.S. brands becoming more 'likeable'


McDonald's, Coca-Cola are among American brands that are back in favor with global consumers.
NEW YORK -- U.S. brands, which have been on the receiving end of anti-American backlash overseas, are beginning to enjoy a resurgence in their "likeability" among global consumers.
This was the finding in the latest brand perception study from market research consultancy Gfk NOP. The study tracked consumer attitudes to top global brands in 25 countries.
Last year's report showed these brands were losing their luster in markets outside of the United States because of a backlash against all things American.
But U.S. brands have rebounded since then, said Jennifer James, consultant with Gfk NOP.
"There was some apathy for U.S. brands over the past two years. That's stabilized and we're seeing renewed interest in these brands," James said.
According to the Brand Power Study, which looked at a mix of 60 American and international brands, half of the 33 U.S. brands listed showed year-over-year increases in scores based on three key attributes important to consumers: familiarity, likeability and the likelihood that consumers would tell others good things about the brand.
Likeability scores increased for Coca-Cola (Charts) and McDonald's (Charts) in 2006 versus declines for both brands a year ago.
Other companies that performed well were MTV, Google (Charts), Yahoo (Charts) and MSN.
James said the revived interest in consumer products brands is partly driven by emerging markets for American products in China and India.
Moreover, she credits media and new media companies like MTV, National Geographic, Google and Yahoo for setting an example on how to become truly "borderless" brands.
Most of these brands have incorporated local flavor into their marketing and product offerings in their foreign markets because they want to be universally appealing rather than perceived to be projecting American culture, she said.
However, Ford, Disney, CNN, and Microsoft (Charts) were some of the brands that suffered declining scores.
CNN is a division of Time Warner (Charts), parent company of CNNMoney.com.
Besides catering to the local market, the report said American companies can boost their brand performance overseas by committing to product and service innovation and developing a brand identity that's promotes universal values like "enjoying life," "having fun," creativity" and "excitement."
The study was conducted between Nov. 2005 and January 2006 and based on a total of 30,000 interviews with consumers between the ages of 13 and 65.

Judge blocks strike at Northwest


Judge grants request of nation's No. 5 airline to keep flight attendants from striking just hours before it was due to start.
NEW YORK -- A federal judge blocked flight attendants from a strike at Northwest Airlines Friday afternoon, just hours before the union had said it would start to disrupt operations at the nation's No. 5 carrier.
Federal Judge Victor Marrero granted management's request for a temporary injunction against the Association of Flight Attendants-CWA, pending an appeal. The union has 7,300 members on the job at the airline.
Marrero ordered the two sides to resume negotiations towards a new labor agreement agreeable to both sides.
Northwest (Charts) issued a statement saying it welcomed the ruling.
"Our customers can continue to book Northwest with confidence," said the company's statement.
In a statement posted on the fight attendant union's Web site Mollie Riley, interim master executive council president said, "Management and the courts can stall us, but they cannot defeat us ... our crusade to protect our careers has only begun".
An attorney Northwest told the court that management believed an agreement could be reached, while a union attorney told the court that if the company approached them with a fair-minded offer, it would consider it, but they had yet to see that from management.
"This hearing today was not meant to be a negotiating session," Marrero said.
He told the two sides to report back to him Wednesday on the progress of talks, adding that it's in the interest of both sides to let cooler heads prevail and reach an agreement themselves, rather than leaving it in the hands of the court.
Trying to fly out of bankruptcy
The airline has been operating under bankruptcy court protection since September 2005, and had demanded $195 million in annual savings from AFA.
But while union negotiators have twice reached tentative agreements with the carrier on labor cost savings, the rank and file have twice rejected such deals in ratification votes, the second time by a 55-45 percent margin.
The union had not planned a complete shutdown of the carrier, which has about 1,200 daily flights. Instead it was planning to use a strategy it calls "Create Havoc Around Our System" or CHAOS, in which flight crews will not report for specific targeted flights, sometimes with little or no notice. That job action had been set to start at 10:01 p.m. EDT Friday.
Still, if the flight attendants had struck, it could have caused serious problems for some passengers as well as the airline's ticket sales.
Passengers whose flights are cancelled could have trouble finding empty seats on other carriers, particularly during the last week of the summer travel seasons. Airlines have filled a record percentage of available seats so far this summer.
While the leisure travel season will essentially come to an end with next weekend's Labor Day holiday, business travelers could soon decide to find alternatives to Northwest, especially if they see reports about stranded passengers on the news, according to travel experts.
"There isn't a high level of fear or concern now but there also won't be a lot of patience or tolerance for any problems," said Janet Wheatley, vice president of operations for Carlson Wagonlit Travel, a major business travel agency based in Minneapolis ahead of the decision. "The business traveler will react quickly if they see disruptions."
Northwest, which weathered a strike by its mechanics a year ago, has been operating under bankruptcy court protections since September.
Corey Caldwell, spokeswoman for the union, said a week ago that the union is not unwilling to discuss some level of wage or benefit cuts but that "our issue right now is that the concessions they're asking for is entirely too steep."
She said the pay of the most senior flight attendant at Northwest was cut to $33,000 a year from $42,000 a year under terms of the contract just imposed by management and that the hours worked every month increased by one third.
The company reported a net loss of $285 million in the second quarter, although excluding special items related to reorganization, it had a profit of $179 million.
The fuller aircraft and higher fares achieved by airlines this summer has allowed the industry to return to profitability after five years of steep losses, even though jet fuel prices have remained high.

Federal judge to rule on Northwest strike threat

Decision, expected Friday afternoon, could open the door for airline's 7,300 active flight attendants to take some type of job action.
NEW YORK -- A federal judge is set to rule Friday on whether Northwest flight attendants can strike, in what may be a make-or-break ruling for the bankrupt airline.
The decision, expected Friday afternoon, could open the door to some type of job action by Northwest's 7,300 active flight attendants, who have threatened to disrupt services as early as 10:01 p.m. EDT on Friday.
On Friday, Judge Victor Marrero in New York federal court is set to hear arguments from both sides on whether a strike would violate the federal Railway Labor Act.
That could delay some Northwest flights and likely cause travelers to start booking with other carriers, a move which would seriously endanger Northwest's plans to exit bankruptcy.
The No. 5 U.S. carrier, which entered bankruptcy protection in September, is looking to save $1.4 billion a year by cutting labor costs. It struck deals with its pilots and ground workers but has not managed to get its flight attendants to agree to pay cuts.
Earlier this month, Northwest got bankruptcy court approval to impose pay cuts on the flight attendants - saving $195 million a year - after the attendants rejected two interim deals with the airline.
The Association of Flight Attendants (AFA), the attendants' union, has since threatened sporadic, unspecified actions if the airline does not negotiate a contract.
Northwest asked the bankruptcy court to block any strike by its flight attendants, but last week Judge Allan Gropper declined, saying the matter was out of his jurisdiction.
On Friday, Judge Victor Marrero in New York federal court is set to hear arguments from both sides on whether a strike would violate the federal Railway Labor Act, which requires that both sides of an airline labor dispute be released from mediation before workers can take job action.
The flight attendants say that by imposing contract terms, the airline has already effectively abandoned mediation.
The Department of Justice filed a brief with the court earlier this week saying a strike should not be allowed, as it would cause serious disruptions to the air transport system.
"It is a clear-cut case," AFA spokesman Ricky Thornton said. "We are quite confident that Judge Marrero will continue to rule in the favor of the flight attendants."
A Northwest spokesman said the airline has a contingency plan to counter any job actions. "It all depends on what the AFA is looking to do," said spokesman Roman Blahoski. "The scope of their actions will determine our actions."
As the slower fall season approaches, a strike could damage the airline, said Helane Becker, an analyst at the Benchmark Co., in a research note.
"We believe random strikes will hurt Northwest because business travelers will likely book away from the airline," Becker wrote.

Home Depot reopens New Orleans-area store


Redesigned location specializes in rebuilding material.

ATLANTA -- A year after Hurricane Katrina, retailer Home Depot Inc. is hoping to strengthen construction efforts in the U.S. Gulf by reopening a store in one of Louisiana's hardest-hit areas.
The home improvement industry leader Friday will unveil a rebuilt store in Chalmette, Louisiana, seat of St. Bernard parish in the New Orleans metropolitan area.
The Chalmette store, originally opened in 2001, was under standing water for three weeks after Katrina hit. Home Depot (Charts) has been selling goods out of the garden center as the store was gutted and reconstructed.
"We think it's a symbol of a resurging Gulf Coast," said Paul Raines, president of Home Depot's Southern division, which includes 750 stores in 18 states.
The store was redesigned with hurricanes in mind. It has fewer showrooms and decor items than the typical Home Depot, and more bulk quantities of doors, windows and other products that customers typically buy for rebuilding.
For example, the store has sections that can accommodate large supplies of flooring, drywall or other big items, and features basic appliances and groups of lights.
"We've come up with a pretty good blueprint for what's going to happen over the next couple of years as people rebuild, and we designed a store to fit those needs," Raines said.
Slowly bouncing back
A year after Katrina, some businesses are slowly reopening in hard-hit areas of New Orleans, despite challenges in securing funding and stiff competition for good workers.
Joseph DiFatta, vice chairman of the St. Bernard parish council, says most of the businesses coming back to life in his area are mom and pop operations. Home Depot is the only major chain that is reopening to date, he said.
Small Business Administration "loans are very difficult for folks to get," DiFatta said. "Most people are grossly underinsured with flood insurance and since the storm, the cost to rebuild has escalated 30 to 40 percent."
Retail stores that are up and running see merchandise sell out fast as consumers buy everything from clothing to washing machines.
At Walgreen Co. , "business is very strong for those Gulf stores that have reopened," spokeswoman Tiffani Bruce said.
Of 74 stores at the drugstore chain that were closed in the wake of Katrina, five are still on track to reopen, while seven are expected to be closed indefinitely, Bruce added.
Home Depot is spending more than $81 million to build or reopen stores and make other investments in Gulf Coast rebuilding. Next week, store workers will build 10 playgrounds in Mississippi and Louisiana.
"Parks have become the gathering spaces for people and playgrounds literally have been one of the first things to rebuild," said Kevin Martinez, Home Depot director of community affairs.
The 2005 storms damaged close to 80 of Home Depot's 173 stores in hurricane-prone areas. Including Chalmette, Home Depot has rebuilt two New Orleans-area stores and plans to build two new ones, including one that will open near the Superdome next year.
"We think that those communities are really coming back with a vengeance this fall," Raines said.

Hedge fund pro turns New Orleans novelist


Returning to his native town right before Katrina hit, Ed Rowley promotes his depiction of New Orleans in happier times.
NEW YORK -- In the summer of 2005, after years of living in New York City and working as a public relations pro for some of Wall Street's biggest and best known hedge funds, Ed Rowley gave in to homesickness and moved his family back to his native New Orleans.
But only six weeks after he got there, Hurricane Katrina hit, destroying Rowley's home and almost everything in it.
Ed Rowley, novelist
Since then, the career of this investment banker-turned bartender-turned hedge fund spokesman has taken yet another turn: novelist.
When his wife got her old job back as a commercial banker, he decided to stay home with his two children and focus on promoting his New Orleans-themed novel that he was in the process of self-publishing when the storm hit.
The novel, written under the pen name Edgar Nicaud, is a comedic take on New Orleans called "Tremble + Ennui."
The career change has so far worked out well: His PR savvy helped him get positive notices in "Publisher's Weekly" and a handful of national newspapers including the "Los Angeles Times" and the "Boston Herald."
As he was making progress on book promotion, Rowley's personal life was in a state of chaos. His home was off limits until October, and when he and his wife and children finally did return from staying with relatives in Baton Rouge, the house uninhabitable.
"There was garbage all over the place and military vehicles everywhere," Rowley said. "It was so unreal to think this was your house - books were unrecognizable, furniture fell apart in your hands, there was mold everywhere."
Tough times, happy book
The mood of the city bore such a sharp contrast to the tone of Rowley's soon-to-be-published novel - a slight, amusing tale of two hard-drinking ne'er-do-wells - that Rowley thought hard about whether it was appropriate to publish such an openly silly portrayal of New Orleans at such a bleak time.
Title character Tremble makes ends meet by cashing the welfare checks of her apartment's previous tenant, who never bothered having her mail forwarded.
Ennui, who has no discernible skills beyond making an excellent martini (and knocking them back with equal aplomb), lives off the largesse of Tremble, who keeps Ennui around because of his mixing skills.
Throughout the novel, the pair get into scrapes involving assorted shady characters, such as a famous chef (who, it turns out, can't cook to save his life) and a lawyer who comes back from the dead so he can sue the ambulance driver who ran over him.
Rowley acknowledged that his chaotic depiction of New Orleans - crime ridden, sweltering, overrun with scammers and halfwits - suddenly didn't seem so amusing in light of the looting, violence and desperate poverty that Katrina left in its wake.
"It was such a comedic take on the city -- and immediately after the hurricane it was hard to find anything funny," said Rowley of the book. "This was an absurd book that I was going to put out on a whim, and (I wondered if) it even made sense for me to focus on something like this."
But in the end, Rowley opted to forge ahead, in part because the book reflected the city pre-Katrina, a New Orleans that will in all likelihood never be the same.
Indeed, while Rowley's novel mocks New Orleans, it does so with undeniable affection for the city, leading "Publishers Weekly" to call it "an uproarious, quicksilver love song to New Orleans."
As for his current gig, Rowley said he's actively looking to resume a professional career. Rowley said he may even consider working with hedge funds again, an experience he enjoyed.
But regardless of what career choice he makes, Rowley has decidedly mixed feelings about staying in his home town.
"It's incredibly stressful to live here," he said. "A lot of it is just the visual impact of just driving past destroyed houses and neighborhoods that just look like a war zone - absolute abandoned desolation. And you drive through these areas in the normal course of running errands... For now, we're here, but it will be years before things get to normal, if they ever do."
The Hazelwoods rebuild: Jennifer and Darryl Hazelwood lost most everything to Hurricane Katrina. One year and six moves later, they're finally ready to put down roots.
Fortune Photos: The long, strange resurrection of New Orleans Hurricane Katrina was the biggest natural disaster in US history - and its aftermath became the biggest management disaster in history as well. Fortune lays bare this surreal tale of incompetence, political cowardice...and rebirth.

Fannie Mae off the hook with Justice Dept.


Investigation into accounting errors will result in restated earnings.
NEW YORK -- Fannie Mae, the largest provider of U.S. home funding, said Thursday the U.S. Justice Department has ended its probe into the company's accounting mistakes without filing charges, and the company's stock jumped on the news.
The investigation into the company's accounting errors began in October 2004. Fannie Mae reiterated that it expects to restate its earnings for 2001 through 2004 by the end of 2006.
Earlier this month, the company said its estimated $10.8 billion in accounting mistakes would be reduced because its mortgage investment losses were "significantly overstated."
Fannie Mae's (Charts) stock jumped in mid-morning trading on the New York Stock Exchange.
"The whole story with Fannie Mae now is progress, progress progress," said Ed Groshans, analyst at Fox-Pitt, Kelton. "The DOJ [Department of Justice] is closed, the SEC is closed, and OFHEO is pretty much closed. All the major institutions looking into Fannie Mae have pretty much closed their formal investigations."
In May, Fannie Mae agreed to pay a $400 million fine after a U.S. probe of its accounting scandal blamed management and the board for a corporate culture that spurred massive earnings manipulation.
That settlement was announced jointly by the Securities and Exchange Commission (SEC) and the Office of Federal Housing Enterprise Oversight (OFHEO), which oversees Fannie and its smaller counterpart Freddie Mac, after an audit noted "an arrogant and unethical corporate culture."
"We will continue to work closely and cooperatively with our regulators as we move forward to carry out the terms of our agreements, complete our restatement and build a better company," Fannie Mae chief executive Daniel Mudd said in a statement.
Fannie Mae and Freddie Mac are government-chartered firms charged by Congress to provide liquidity to the U.S. housing market. They do that by purchasing mortgages and repackaging them as securities for investors. The companies also hold mortgage assets in their own portfolios.
Freddie Mac has also been battling back to achieve timely financial reporting and improved controls after accounting woes led to an upward earnings restatement and management shake-up before Fannie's.
The massive size of Fannie's and Freddie's holdings, now a combined $1.4 trillion, has Congress hammering out legislation to create a stronger regulator with potentially more power over the types and size of the companies' investments.
Bush administration and Federal Reserve officials have said the huge concentrated holdings of Fannie and Freddie pose systemic financial risks.

'Morning-after' pill wins key FDA approval


Barr Pharmaceuticals says regulators approve non-prescription sale of Plan B emergency contraception.
NEW YORK -- Barr Pharmaceuticals said Thursday the Food and Drug Administration approved the over-the-counter sale of its "morning-after" pill.
The approval gives women 18 years and older non-prescription access to the Plan B emergency contraception pill. Women 17 years and younger still will need a prescription, the company said.
Plan B is made by Duramed Pharmaceuticals Inc., a subsidiary of Barr Pharmaceuticals.
Shares of Barr Pharmaceuticals (Charts) rose 1.2 percent in early Wall Street trading on the approval.
"While we still feel that Plan B should be available to a broader age group without a prescription, we are pleased that the Agency has determined that Plan B is safe and effective for use by those 18 years of age and older as an over-the-counter product," Barr CEO Bruce Downey said a statement.
Plan B, an emergency oral contraceptive that can prevent pregnancy if taken within 72 hours after intercourse, has been sold as a prescription drug since FDA approval in 1999.
But it has faced difficulties winning approval for over-the-counter sales.
In 2003, the FDA's advisory panel voted 24 to 3 in favor of OTC status, but the agency did not follow the advice of its panel, as it usually does, and later denied OTC status.

Friday, August 25, 2006

The Wal-Mart of used cars


Unlikely big-box chain CarMax has transformed the world of auto retailing.
(Business 2.0 Magazine) -- A small team of Circuit City execs met in 1991 to formulate a plan for a top-secret new business, code-named Project X. For nearly a year, the group worked clandestinely, finally pitching a proposal for a revolutionary new big-box retail chain with the potential to earn tens of billions of dollars in annual sales.
The industry to be tapped? Used cars.
Right about now, you're probably conjuring up images of white shoes, smarmy smiles, bait-and-switches - or William H. Macy's morality-challenged character Jerry Lundegaard in Fargo. The Circuit City board, however, had a different response, doling out $50 million to test-drive Project X.
It hasn't always been a smooth ride - CarMax bled money for its first seven years-but today the company stands as an unlikely American success story: Its supercenters, which now number 71 and are concentrated in the Sun Belt, sold 290,000 used cars in the last fiscal year, ringing up $6.3 billion in sales and $148 million in profit.
Through a blend of technology and an inspired reimagination of how to treat customers, CarMax (Charts) has managed to outsmart any credible competitors. Now it has Hummer-size ambitions, with plans to build at least 300 more stores in the next 12 years.
How it works
When the first CarMax Auto Superstore opened in Richmond, Va., in 1993, it immediately encountered skepticism from insiders and analysts alike. First there was the ambitious size: The lot was stocked with more cars than some dealerships sell in a year.
Then there was CarMax's nonnegotiable sticker price and the fact that commissions were flat, so there was no incentive to push the priciest models. That, says CarMax CEO Thomas Folliard, was the most crucial element: "When you set up incentives that align your salespeople with the customer, everybody wins."
Customers haven't stopped flocking to the lots since. CarMax says sales reached nearly 5,000 cars per store last year-five to 10 times the industry average, according to Manheim, a provider of wholesale auctions and other services for the used-car industry. "Customers go for the choice, the nonthreatening environment, and the obvious price," says George Hoffer, an economics professor at Virginia Commonwealth University who has followed CarMax since it opened.
But it's the operation's high-tech backbone that truly differentiates it from competitors. In the same way that Wal-Mart revolutionized the logistics of retailing, CarMax set out to nail the perfect mix of inventory and pricing through exhaustive analysis of sales data. Its homegrown software helps CarMax determine which models to sell and when consumer demand is shifting.
Each car is fitted with an RFID tag to track how long it sits and when a test-drive occurs. Showroom computers give customers access to CarMax's nationwide catalog of 20,000 cars, so if a customer in Tampa, Fla., is set on a green 1999 Camry sitting on a lot in Los Angeles, CarMax can transfer the car cross-country for a fee. "The analytical strength has led to its success," says Sharon Zackfia, an analyst with Chicago-based firm William Blair.
Without the data, stocking CarMax lots would be a logistical nightmare. Each store carries 300 to 500 cars at any given time, and unlike Wal-Mart (Charts), the company has no vendors to stock its "shelves." Instead, CarMax depends on 800 car buyers, who draw on the company's reams of data to appraise vehicles. Trade-ins represent half of CarMax's inventory; the rest arrives via wholesale auctions.
The buyers are people like Mike Decker, who on a recent morning emerges from CarMax's showroom in Hartford, Conn., to appraise a 2005 Ford Escape with 27,000 miles.
After taking the SUV for a spin and checking out recent sales, Decker returns with an offer of $15,000. It's less than the Kelley Blue Book value but more than the customer would get on a dealer trade-in. A glance at CarMax.com reveals comparable Escapes priced well over $15,000, making it likely that Decker will meet the company's average gross of more than $1,800 per vehicle.
While natural disasters and gas prices could stall the company's growth, Hoffer, for one, doubts that outcome. "Sept. 11 should have been the end of CarMax," he says. But because the stores empty their inventories every month, the company got rid of its high-priced cars in time.
Another risk could be the recent retirement of founding CEO Austin Ligon. Zackfia was initially concerned that the new CEO might attempt to alter the model, but now she says she's happy with the choice of Folliard, who previously headed operations and thus far has made very few changes. "I've already made my mark on the company over the last 13 years," Folliard says.
Given that CarMax currently controls less than 2 percent of a fragmented but huge market-U.S. used-car sales totaled $367 billion in 2005-most analysts share Folliard's confidence that the company can expand to 300 stores, maybe more.
"They have an extremely profitable model," Zackfia says. Folliard, meanwhile, sees potential for CarMax to become a $20 billion operation within a decade. That is, as long as the new chief remembers the mantra Ligon laid out in Project X: "If you don't offer the customer something special, then you're just another used-car dealer." Jerry Lundegaard couldn't have put it better.
Michael Myser is a freelance writer based in New Jersey.

Tyler Perry sitcom sold to TBS cable


Lionsgate's 'House of Payne' to debut in 10 markets nationwide.
LOS ANGELES -- Lionsgate's TV unit said Wednesday it signed distribution deals with TBS and Fox for a sitcom by "Diary of a Mad Black Woman" filmmaker Tyler Perry valued by industry sources at about $200 million.
Lionsgate's Debmar-Mercury bypassed the five main networks and sold 100 episodes of the series to cable's TBS for a first run starting in 2007. Then from September 2008, four Fox-owned stations will have syndication rights for the show, "Tyler Perry's House of Payne."
Perry's two Lionsgate-distributed films, "Diary" and "Madea's Family Reunion," scored big with black audiences.
He used his own money to produce a two-week test run of the sitcom in 10 major markets after realizing he would have to cede control and ownership of the show to get it on network TV, Debmar-Mercury's co-president, Mort Marcus, said Wednesday.
Debmar-Mercury, acquired in July by Lionsgate Entertainment Corp., paid for marketing costs and convinced the test stations to promote the show as though it were a regular series in exchange for getting the test episodes for free.
"We selected 10 stations across the country and we said, 'Let's let the audience choose and if they don't like it, fine,"' Marcus said. "This breaks a lot of barriers."
The ratings success of the test episodes allowed Debmar-Mercury to sign up TBS and WCIU-TV in Chicago for the first run, and News Corp.-owned Fox stations in New York, Houston, Dallas, and Washington D.C. for syndication.
Perry keeps ownership and creative control of the series, offering hope to other independent producers, Marcus said.
"Basically five or six companies own every single (distribution) asset," Marcus said. "If you are a producer or talent of any independent nature, you don't get ownership anymore. They cut you in and give you a passive piece and they control all distribution angles."
The new series follows C.J. Payne, who has to take his two kids and move in with his parents after his house burns down.
Ken Schwab, vice president of programming for Time Warner Inc.'s TBS and sister network TNT, reported "phenomenal success" in the show's test run on WTBS in Atlanta.
Stations carrying "Payne" also have agreed to test another Perry series, "Meet the Browns," in a year or so, Marcus said.
TBS is owned by Time Warner, the owner of CNNMoney.com.

Vera Wang fashion comes to Kohl's


Follows trend of fashion celebrities teaming with department store chains.
NEW YORK (Reuters) -- Kohl's Corp. said Thursday it would carry a line of clothing and handbags by Vera Wang, the designer known for her high-end wedding gowns, in the latest move by a large department store chain to carry fashion celebrity merchandise.
The department store will market an exclusive line of sportswear, intimate apparel, handbags, leather accessories, jewelry, footwear, linens and towels under the Very Vera by Vera Wang brand.
Known as the wedding dress maker to the stars, Wang has designed gowns for singer Jennifer Lopez and model Heidi Klum, among others. Her sleek evening wear often appears in red-carpet award photos of celebrities.
Wang received the Council of Fashion Designers of America's 2005 women's wear designer of the year award. Her Vera Wang Group designs and distributes women's bridal wear, while the Vera Wang Licensing LLC division has granted licenses for fragrance and beauty-related products.
Kohl's (Charts), a mid-priced department store operator, joins Target Corp. and other companies in carrying products of a well-known designer. Target carries the Isaac Mizrahi apparel line, among other names.
Kohl's shares closed at $60.89 Wednesday and are up 25 percent this year.

UK's JCB interested in buying Jaguar


But JCB CEO says Ford would need to split the luxury carmaker from Land Rover.
LONDON (Reuters) -- British construction machinery group JCB said Thursday it was interested in buying carmaker Jaguar from U.S. owner Ford Motor Co.
A JCB spokeswoman confirmed a report in the Financial Times newspaper which said JCB Chairman Anthony Bamford would only want to buy Jaguar if Ford was prepared to split the loss-making carmaker from Land Rover.

Ford's Premier Automotive Group (PAG) declined to comment.
Ford bought Jaguar in 1989 for £1.6 billion ($3.03 billion) but has struggled to make money with the brand, part of PAG. PAG also includes Volvo, Land Rover and Aston Martin.
"If they [Ford] can separate Jaguar out [from Land Rover] then I'd like to buy it," Bamford was quoted by the newspaper as saying. The JCB spokeswoman confirmed the comments.
Bamford, who said Jaguar would need downsizing if he bought it, was not in the United Kingdom and unavailable for comment Thursday.
Analysts and bankers have pointed to wealthy Russian businessman Nikolai Smolensky, who bought British sports car company TVR in 2004, as a possible buyer for Jaguar.
Private equity buyers and mass carmakers eager to move upscale in search of higher margins could also emerge as buyers, they have said.
Ford said on Aug. 2 it expects PAG will be unprofitable in 2006, based on recent sales trends.
Ford said last December last year that it had injected another £1.2 billion into Jaguar to cover heavy losses and investment writedowns, the second recapitalization in two years.
Ford in 2004 cut 1,150 Jaguar jobs in England, scaled back production at the Browns Lane plant in Coventry and shifted output to another factory near Birmingham.
On Wednesday, JCB's Dieselmax beat its own land speed record for diesel-powered cars, reaching 350.092 miles per hour a day after breaking a three-decade-old record.

Rite Aid makes move for Eckerd, Brooks


No. 3 drugstore chain announces cash, stock and debt deal worth $3.4 billion to bring total stores to about 5,000.
NEW YORK (CNNMoney.com) -- Rite Aid Corp., the nation's No. 3 drugstore chain, announced a deal Thursday worth about $3.4 billion to buy the Eckerd and Brooks drugstore chains from their Canadian parent, the Jean Coutu Group.
The deal will include $1.45 billion in cash as well as 250 million shares of Rite Aid (Charts), which will make the Jean Coutu Group the largest shareholder of the new company with about a 32 percent stake.
The stock was worth $1.17 billion at Wednesday's closing price. Rite Aid is also assuming $850 million of Jean Coutu's debt.
The move will give Rite Aid 5,000 U.S. stores, with locations both on the East and West coasts.
It will also give Rite Aid scale comparable to its major competitors. Rite Aid currently trails No. 1 Walgreens (Charts) and No. 2 CVS (Charts). CVS has 6,100 U.S. stores, while Walgreens has 5,400 stores but larger sales.
Rite Aid said that, even with the large use of its stock in the purchase, the transaction should add to earnings per share within 12 months. The company will drop the Eckerd and Brooks brands and use the Rite Aid name on all the stores being purchased.
The deal is part of a continuing consolidation within the nation's drugstore sector and follows the purchase of 700 drugstores by CVS from grocer Albertson's earlier this year.
The Eckerd chain once belonged to retailer JC Penney (Charts), which in April 2004 split the operation and sold it to CVS and Jean Coutu Group, already the owner of the Brooks Pharmacy chain.
Jean Coutu paid $2.375 billion for 1,540 of the Eckerd stores at that time, while CVS paid $2.15 billion at that time for 1,260 of the stores.
Richard Hastings, senior retail sector analyst with Bernard Sands, said the Eckerd acquisition was challenging for Jean Coutu from the start.
"Jean Coutu gobbled up more than they could digest," Hastings remarked. "There were significant issues with the Eckerd integration. Jean Coutu underestimated the issues facing Eckerd's non-pharmacy business and its regional competitive threats. I'm not surprised they decided to sell it off."
For Rite Aid, the most important aspect of the deal is that it gives the retailer the ability to expand its footprint nationally while becoming more cost-efficient, said Marshal Cohen, chief retail industry analyst with NPD Group.
"People are much more mobile today, with the average person moving every seven years. So it's really advantageous for a retailer to be more national than regional," Cohen said.
In a conference call with analysts, Rite Aid CEO Mary Sammons said the deal would enable the company to "compete effectively in a very competitive business."
About 70 percent of the Eckerd and Brooks stores are located in 14 states where Rite Aid already does business. Additionally, the company will now have acquired locations in Massachusetts, Rhode Island, South Carolina and North Carolina, she said.
Some analysts estimate that Rite Aid's expansion through its Eckerd/Brooks deal could create a "significant overlap" with its existing stores in some markets, thereby raising antitrust issues.
Sammons said in the call that she would not speculate on the matter but added that the company would go through a regulatory review process.
Cohen expects Rite Aid's competitors CVS and Walgreens will respond to its move by ramping up their own expansion plans.
"There's no question that this will happen. It's like a game of chess," said Cohen. "The top drugstore chains are all trying to go national. So if one company becomes dominant in one region, it really affects the other. They each want to put the other in check."
At the same time, the drugstore sector itself is undergoing rapid evolution.
"Drugstores are becoming more like convenien[ce] stores," said Cohen. "The frequency of store visits has increased as Americans resort to buying more over-the-counter products."
Drug stores are also selling a greater variety of products like milk, electronics, toys and even some high-end beauty products.
"It's not unlike going to a gas station and picking up chips and other consumables," he said.
"Drugstores are the next growth area in big-box retailing. But the challenge to these companies is determining how much merchandise they can fit into their stores," Cohen said. "These stores are typically smaller than grocery stores, but don't be surprised to see drug store operators start to build bigger formats in the future."
Rite Aid said the deal is expected to close in the fourth quarter of its current fiscal year.
The company also maintained its current fiscal full-year guidance. Rite Aid expects sales to be between $17.4 and $17.6 billion. Its net income or loss guidance range is between loss of 7 cents a share and a profit of 2 cents a share.
Sales at Rite Aid stores open at least a year - a key retail measure known as same-store sales - are expected to increase 2 to 4 percent for the year.
Analysts, on average, expect Rite Aid to post sales of $17.4 billion for the year and earnings per share to be flat versus the previous year, according to First Call.

Thursday, August 24, 2006

Addicted, maybe, but users say BlackBerrys improve life


A new study finds four out of five executives globally are always connected to work through mobile devices.
NEW YORK (Reuters) -- Cellular telephones and wireless BlackBerry email devices may be addictive, but most business executives insist mobile technology has improved the balance between their work and home, a study said on Thursday.
The study, by executive recruitment firm Korn/Ferry International (Charts), found four out of five executives globally are always connected to work through mobile devices, such as cell phones, PDAs (personal digital assistants), laptops or pagers.
More than one-third of 2,300 executives surveyed in 75 countries believed they spent too much time connected to communications devices.
But more than three-quarters, or 77 percent of respondents, said they believe mobile communication devices primarily enhance their work/life balance rather than impede it.
Jim Craig, a spokesman for strategic communications firm Sitrick in New York, said his handheld BlackBerry has made a significant difference - and it was mostly positive.
"It has helped me manage things without being the office all the time. I travel a lot, to South America, and I can use it there, in the street, or in New York," said Craig. "It has also made me much more efficient.
"Addicted? Some people have said that I am. It really is a part of my life now."
Ontario-based Research In Motion's (Charts) BlackBerry became a technology must-have in the late 1990s as a tool that delivers e-mail automatically to users on the move as well as providing phone, text-messaging, Internet, organizer and corporate data applications.
It is now jokingly called the "CrackBerry" by many users.
In the first quarter of fiscal 2007 ending June 3, RIM shipped 1.2 million devices, with the total number of BlackBerry subscribers rising by 680,000 to about 5.5 million, although the firm now faces competition from rival wireless devices entering the market.
The survey coincided with a U.S. academic warning that keeping employees on electronic leashes such as laptops, BlackBerrys and other devices could lead to lawsuits by those who grow addicted to the technology.
Gayle Porter, associate professor of management at the Rutgers University School of Business in New Jersey, wrote a paper now under review saying workers whose personal lives suffer due to tech addiction could turn on their employers.
"These people that can't keep it within any reasonable parameters and have these problems in their lives, at some point may say: 'My life is not all that great. How did this happen? Who can I blame for this?'" Porter said.

Corning insiders sold $28M in shares


Insiders were prevented from selling ahead of warning on softening demand; the company saw larger than normal sales after lowered guidance and stock price drop.
NEW YORK -- Insiders at Corning sold almost $28 million in company stock earlier this month, according to a published report, in part because they were not allowed to sell shares in April.
The Wall Street Journal reported the sales, citing filings with the Securities and Exchange Commission and insider sales tracker Washington Service. It said the filings show 11 officers and directors sold 1.49 million shares starting Aug. 2 for an average price of $18.57 a share, or a total of about $27.7 million. Over the last 12 months Edgar Online reports insiders sold 7.37 million shares.
Corning (Charts) spokesman Daniel Collins told the paper the company normally opens a window every quarter when insiders are allowed to sell their shares. But it did not open such a window in April because it knew of a softening demand for optical fiber and glass used in LCDs, which had not yet been disclosed to the markets.
It lowered its forecast for sales in that segment, citing an inventory build-up, when it released second quarter results after the market close July 25. Shares of Corning fell 14 percent the next day, even as Corning reported better than expected results, due to that lower sales and profit guidance. Shares have since rebounded and closed Tuesday unchanged at $20.55.
Collins told the paper that with the coming LCD warning, "it was inappropriate for us to open the trading window for our executives, so we did not." He said the lack of an April sales window perhaps played a role in the higher insider sales in August.
"If they were going to sell every quarter, they missed a quarter. So now you're seeing perhaps higher-than-normal sales, not because of any issue other than the fact that they were not able to sell previously," he told the paper.
Most of the sales took place in connection with the exercise of stock options that weren't set to expire for several years, the Journal reported. CEO Wendell Weeks sold the most stock, with 464,024 sold during the August window, according to the paper.

IBM to buy Internet Security


$1.3 billion deal the latest in a series of acquisitions driving Big Blue's growth.
NEW YORK (Reuters) -- IBM, the world's largest information technology company, said Wednesday it had agreed to buy Internet Security Systems Inc. for $1.3 billion, continuing an acquisition drive to fuel growth.
International Business Machines Corp. said it will pay $28 a share for the company, which helps corporate customers protect against Internet threats across networks, desktop computers and servers. Internet Security Systems (Charts) shares closed at $26 on Tuesday.

IBM will sell Internet Security's products through its global services unit, the world's largest IT services company.
"This is something we couldn't do before because we didn't have the software assets to provide protection against Internet attacks," said Kristof Kloeckner, vice president of strategy and technology for IBM's software group.
IBM said it expects the acquisition to close in the fourth quarter, subject to shareholder and regulatory approvals. The deal is the fourth acquisition IBM has announced in August.
On Aug. 10 IBM (Charts) said it would buy FileNet Corp. for $1.6 billion, its biggest acquisition in three years and fourth-largest to date.
Earlier in the month the company announced plans to purchase MRO Software Inc. for $740 million in cash and privately held Webify Solutions for an undisclosed sum.

Apple to pay $100M to Creative in settlement


Payment settles Creative's claim that Apple had illegally used its technology in its iPod.
SAN FRANCISCO (Reuters) -- Apple said it will pay $100 million for a license to use Creative's patented technology in its iPod music player, settling all legal disputes between the two companies.
U.S.-traded shares of Singapore-based Creative (Charts) surged 25 percent in extended trading following the announcement. Apple shares slipped 0.2 percent.
Apple Chief Executive Steve Jobs said the agreement ends five lawsuits between the companies "and removes the uncertainty and distraction of prolonged litigation."
"Creative is very fortunate to have been granted this early patent," Jobs added. Creative, the world's second-largest maker of MP3 music players after Apple, sued Apple in May alleging the Cupertino, California-based computer maker had infringed a patent on its "Zen" player.
Jobs said further that the settlement "resolves all of our differences with Creative."
Apple in June countersued, while Creative took the case to the U.S. International Trade Commission and sought a permanent cease-and-desist order against Apple.
Shares of Apple (Charts) shed 28 cents to $67.12 in extended trade after the settlement announcement. The stock had closed down 31 cents at $67.31 in regular trading on Nasdaq.
Creative shares rose $1.49 to $7.50 in extended trading after closing down 5 cents at $6.01 on Nasdaq.

Management shuffles at General Electric


John Rice takes over infrastructure unit, Lloyd Trotter to head industrial unit.
BOSTON (Reuters) -- Blue chip conglomerate General Electric Co. on Wednesday said John Rice would take over its largest business unit, infrastructure, with Lloyd Trotter succeeding him at the top of the industrial unit.
The moves follow the exit of David Calhoun, former head of the infrastructure business, who was named chairman of the executive board and chief executive officer of VNU Group BV, a Dutch market research firm with € 3.5 billion ($4.5 billion) in 2005 revenues.
A spokesman for the Fairfield, Conn.-based company, which is the world's second-largest by market value, said the moves would not signal major changes at either unit. Calhoun has spent 28 years at GE (Charts), with Trotter serving 36 years.
Peter Bates, an equity analyst at mutual fund company T. Rowe Price, of Baltimore, Md., said Calhoun's departure would be a loss for GE, but one it would weather.
"I don't want to downplay the disappointment with the departure, but I don't think that it changes the GE thesis," Bates said. "Calhoun must have wanted to do something different. I don't think he had a bad relationship with Jeff (Immelt, GE's chairman and CEO)."
In taking his new post, Trotter becomes a vice chairman of GE, a rank Rice already held. He last served as executive vice president of operations, reporting to Immelt.
The infrastructure unit, which makes products including jet engines and power-generating equipment, is GE's largest business, accounting for 28 percent of the company's $149.7 billion in revenues last year.
The industrial unit, with businesses ranging from high-tech automation systems to kitchen appliances and light bulbs, is GE's second largest, representing 21.8 percent of revenue.
GE's top officials have a history of going to head other major companies. Some former GE executives now running other blue-chip companies include David Cote, chairman and CEO of Honeywell International Inc., and James McNerney, chairman, president and CEO of Boeing Co.
Peter Smith, an equity analyst at Morningstar in Chicago, said GE would take the changes in stride.
"These sorts of management shuffles have happened many times before," Smith said. "They take that into account and develop people at the levels just below the division heads, knowing that they will be called upon to step up from time to time."
At VNU, Calhoun succeeds interim CEO Rob Ruijter, who will remain chief financial officer.
VNU earlier this year was bought by a consortium of six private equity firms in a € 7.6 billion ($9.7 billion) deal. The company has 41,000 employees.
GE shares were down on the New York Stock Exchange in late morning trading. The company's shares have lagged broader market indicators so far this year, sliding 3.8 percent at a time when the blue-chip Dow Jones industrial average is up about 5.7 percent, amid concerns that a slowing U.S. economy could take a toll on GE's prospects.

Kodak battling China partner over photo paper


Wants Lucky Film to recall product that could be confused with U.S. firm's best-selling line.
SHANGHAI -- Film giant Eastman Kodak is trying to compel its Chinese partner to recall a photographic paper which could be confused with the U.S. firm's best-selling product in the country, a company source said on Thursday.
Lucky Film Co. Ltd., China's biggest photo film manufacturer in which Kodak holds a 13 percent stake, has produced the paper since early 2004 and insists on keeping the product despite two years of pressure from the U.S. company.

The design on the back of a non-branded paper made by Lucky was too similar to the logo on Kodak's Royal Paper, its top-selling product in China, and confused Kodak studio owners into using Lucky's cheaper paper, the source said.
"The problem is very serious," the source said. "Consumers can't tell the difference between our paper and Lucky's. It's hurting distributors."
Many shop owners were getting higher margins by charging the same price for Lucky paper as for the more expensive Kodak (Charts) paper without informing consumers, the source said, adding that Kodak had no plans to take any legal measures against its Chinese partner and hoped to resolve the issue through negotiations.
"Kodak and Lucky are partners, so I don't want to give any comments," Kodak spokesman Tian Geng said.
Lucky Film officials were not available for comment on Thursday afternoon.