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Wattles Demands Schoonover’s Dismissal

Activist Mark Wattles has had the best line to date on Circuit City’s (CC) turnaround effort.

Wattles said management “has repeatedly touted the fact that they have cut $200 million of annualized selling, general and administrative expenses while ignoring the fact that approximately $500 million of gross profit has been wiped-out in the process.”

Beautiful…

He has also nominated 5 people to the Board of Directors and a proxy fight is on.

I first wrote about CC almost a year ago now and speculated it may be a good buy-out candidate. Not soon after that I backed off that claim after watching Schoonover & Crew’s various missteps and have since said that the company is still a good buy-out candidate, but not until current management is gone.

The WJS ran a piece Thursday that said “The company has a lot of financial commitments to stores in sub-par locations. Many retailers have gone the way of all flesh. It’s a precarious industry. Their former big box stores litter the landscape like giant ruins. Circuit City could certainly follow suit. The advantage of a $4.65 share price, as speculators are wont to joke, is that you know your downside. That’s even more true of the options. There is nothing wrong with taking a flyer, so long as you know that’s what you’re doing.”

Now, to a point the author is correct in that at $4.50 a share, the downside is minimal. But, unless you buy a bunch, so is the upside. Your profit or loss is based on what your total investment is, regardless of share price.

Whether a stock is $100 or $2, really does not matter, it is the dollar amount you buy that matters. If I by 2 shares at $100 or 100 shares at $2, my investment is the same.

All that being said, I may buy the day Schoonover leaves, but not a second before. Given the current economy and his track record, $4.50 is much more likely to become $2.50 than $6.50 in the near future.

If shareholders are lucky, Wattles gets his wish….

Disclosure (“none” means no position):None

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Another Court Win for Altria

Back in August I wrote, “the legal environment surrounding tobacco has not been this good in 20 year. I just got better.

The 2nd Circuit Court of Appeals Thursday reversed U.S. District Judge Jack B. Weinstein’s 2006 decision certifying a class of smokers in what became known as the “Schwab Case”. The suit sought $280 billion.

Altria argued that the lower-court judge was wrong in granting class-action status to the case, saying the certification was “overbroad” and the issues were so individualized for each brand or each smoker’s own circumstances that the case couldn’t be effectively grouped in such a class.

Altria also said the class certified by Judge Weinstein would cover “nearly everyone who ever purchased a cigarette”. Why? Light cigarettes weren’t introduced until the 70’s, and have been used by only an estimated 50 million U.S. residents.

The court agreed with Altria, saying, “Because individual issues outweigh issues susceptible to common proof, the class is not maintainable,”.

As if that was not enough, the court followed that rebuke of Weinstein with these gems:

* Federal law “is not a one-way ratchet, empowering a judge to conform the law to the proof.”
* Neither of plaintiffs’ theories of injury “is plausible as a matter of law.”
* Plaintiffs’ theory of distribution of damages “is an impermissible affront to defendants’ due process rights.”

I think that is the closest I have ever seen a court essentially say to another judge “are you #$#@$$ kidding me?”

For their part, Altria said today, “Philip Morris USA is pleased with today’s decision and believes the court came to the right conclusion in light of the overwhelming precedent denying class certification in smokers’ litigation,”: Murray Garnick, Altria Client Services senior vice president and associate general counsel.

I think this essentially ends any serious class action litigation against tobacco. With losses in both Florida and Illinois in the last two years added to this one, plaintiff’s attorneys are not going to see the payoff and the end of the rainbow in this litigation and will move on to the next cause dujor. There is far too many costs involved to bring these suits when to outcome bias has clearly switched against them.

This is not to say there will not be the occasional suit here and there, but billion dollar settlements are done….

The US tobacco litigation risk is now insignificant………..

Other defendants were R.J. Reynolds Tobacco (RAI), Loews Corp.’s Lorillard Tobacco (LTR), Vector Group Ltd.’s Liggett Group (VGR) and British American Tobacco (BAT) .

Disclosure (“none” means no position):Long MO, PM, None

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Altria Spin Cost Basis

Here is the cost basis for your shares after the spin for both altria (MO) and Phillip Morris International (PM).

Your Altria shares are to be adjusted to 30.5% of the cost and your PM shares are at 69.5%.

Here is the document from Altria.

Disclosure (“none” means no position):Long MO, PM

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Thursday's Links

Penthouse, Snow tires, Grads, iPhones

_ I wonder what the stock certificate will look like?

– This is pretty cool

Here is who is hiring…

– OK….are we officially sick of hearing about this?

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Thursday’s Links

Penthouse, Snow tires, Grads, iPhones

_ I wonder what the stock certificate will look like?

– This is pretty cool

Here is who is hiring…

– OK….are we officially sick of hearing about this?

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Borders Delays 10-K

Borders (BGP) announced yesterday that it is delaying its 10-K and made an interesting disclosure.

Here is the announcement:
“Borders Group, Inc. (NYSE: BGP) today announced that it is delaying the filing of its Annual Report on Form 10-K for fiscal year 2007, ended February 2, 2008. The company expects to make the filing on or before April 17 after it has completed its evaluation of financing alternatives and can include finalized transactions in its 10-K filing.”

“As stated in the company’s most recent financial news release dated March 20, as well as in exhibit 10.1 to its current report on Form 8-K filed March 21 with the Securities and Exchange Commission, Borders Group has received a financing commitment from Pershing Square Capital Management, L.P. Under the terms of the commitment, which expires on April 4, 2008, Borders Group is allowed to explore alternatives to the Pershing Square financing that may be more advantageous to the company.”

Here is the interesting part:
“Borders Group has entered into discussions with several parties regarding alternative financing proposals. The company’s board of directors and senior management are currently evaluating the terms of these proposals against the Pershing Square commitment, and no decision has yet been made. As this process is not complete as of today’s filing deadline, Borders Group is delaying the filing in accordance with Rule 12b-25 under the Securities Exchange Act of 1934.”

This is good stuff and the possibilities are endless. Is it just another financing option on better terms? Is there a buyer? Will someone just take a large chunk of the company? Is it simply an international operations sale?

The good news is that any of the options will be an improvement over what Ackman was going to do (not that what he was going to do was bad). We can be assured it will be a shareholder friendly deal since Ackam owns 25% of the shares and has Board representation.

Can’t wait to hear….

Disclosure (“none” means no position):Long BGP

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Thursday's Upgrades and Downgrades


Upgrades
TravelCenters of America (TA)- Ferris Baker Watts Neutral » Buy
AstraZeneca (AZN)- Citigroup Hold » Buy
Forest Oil (FST)- Jefferies & Co Hold » Buy
Fifth Third (FITB)- Morgan Keegan Underperform » Mkt Perform
Packeteer (PKTR)- Merriman Curhan Ford Neutral » Buy
China Mobile (CHL)- Deutsche Securities Hold » Buy
Vodafone PLC (VOD)- Bear Stearns Peer Perform » Outperform
Pharmasset (VRUS)- UBS Neutral » Buy
RadNet (RDNT)- Morgan Keegan Mkt Perform » Outperform

Downgrades
Innovative Card (INVC)- Feltl & Co. Hold » Sell
ISTA Pharm (ISTA)- Punk, Ziegel & Co Mkt Perform » Sell
North Valley Bancorp (NOVB)- Sandler O’Neill Hold » Sell
Nara Bancorp (NARA)- Sandler O’Neill Buy » Hold
JB Hunt Trans (JBHT)- Stifel Nicolaus Buy » Hold
SCBT Financial (SCBT)- FTN Midwest Buy » Neutral
Expeditors Intl (EXPD)- UBS Buy » Neutral
Inland Real Estate (IRC)- Wachovia Mkt Perform » Underperform
China Unicom (CHU)- Deutsche Securities Hold » Sell
CSK Auto (CAO)- Deutsche Securities Buy » Hold
Dick’s Sporting Goods (DKS)- UBS Buy » Neutral
Quintana Maritime (QMAR)- Bear Stearns Outperform » Peer Perform
LM Ericsson (ERIC)- HSBC Securities Overweight » Neutral
State Street (STT)- Keefe Bruyette Outperform » Mkt Perform
AstraZeneca (AZN)- HSBC Securities Overweight » Neutral
I-TRAX (DMX)- Friedman Billings Outperform » Mkt Perform
AFLAC (AFL)- UBS Buy » Neutral
Ram Holdings (RAMR)- Banc of America Sec Buy » Neutral
Crocs (CROX)- JP Morgan Overweight » Neutral

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Thursday’s Upgrades and Downgrades


Upgrades
TravelCenters of America (TA)- Ferris Baker Watts Neutral » Buy
AstraZeneca (AZN)- Citigroup Hold » Buy
Forest Oil (FST)- Jefferies & Co Hold » Buy
Fifth Third (FITB)- Morgan Keegan Underperform » Mkt Perform
Packeteer (PKTR)- Merriman Curhan Ford Neutral » Buy
China Mobile (CHL)- Deutsche Securities Hold » Buy
Vodafone PLC (VOD)- Bear Stearns Peer Perform » Outperform
Pharmasset (VRUS)- UBS Neutral » Buy
RadNet (RDNT)- Morgan Keegan Mkt Perform » Outperform

Downgrades
Innovative Card (INVC)- Feltl & Co. Hold » Sell
ISTA Pharm (ISTA)- Punk, Ziegel & Co Mkt Perform » Sell
North Valley Bancorp (NOVB)- Sandler O’Neill Hold » Sell
Nara Bancorp (NARA)- Sandler O’Neill Buy » Hold
JB Hunt Trans (JBHT)- Stifel Nicolaus Buy » Hold
SCBT Financial (SCBT)- FTN Midwest Buy » Neutral
Expeditors Intl (EXPD)- UBS Buy » Neutral
Inland Real Estate (IRC)- Wachovia Mkt Perform » Underperform
China Unicom (CHU)- Deutsche Securities Hold » Sell
CSK Auto (CAO)- Deutsche Securities Buy » Hold
Dick’s Sporting Goods (DKS)- UBS Buy » Neutral
Quintana Maritime (QMAR)- Bear Stearns Outperform » Peer Perform
LM Ericsson (ERIC)- HSBC Securities Overweight » Neutral
State Street (STT)- Keefe Bruyette Outperform » Mkt Perform
AstraZeneca (AZN)- HSBC Securities Overweight » Neutral
I-TRAX (DMX)- Friedman Billings Outperform » Mkt Perform
AFLAC (AFL)- UBS Buy » Neutral
Ram Holdings (RAMR)- Banc of America Sec Buy » Neutral
Crocs (CROX)- JP Morgan Overweight » Neutral

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Borders New Concept (Video)

Here is a video of Borders (BGP) new concept store in Michigan.

Disclosure (“none” means no position):Long BGP

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"Fast Money" for Thursday


Thursday’s Picks
Guy Adami likes Western Digital (WDC) $27.57

Karen Finerman recommends shorting Capital One (COF) $53.18

Pete Nararian thinks Nokia (NOK) $33.7 is a buy.

Jeff Macke likes Apple (AAPL) $147.49

Wednesday’s Results
Jeff Macke likes Microsoft (MSFT) $29.4999 Close $29.16 LOSS

Guy Adami thinks FedEx (FDX) $97.71 looks compelling at current levels. Close $97.33 LOSS

Pete Najarian recommends buying puts on the Financial Select Sector SPDR ETF (XLF) $26.62 Close $26.50 GAIN

2008 Records:
Brian Schaeffer= 0-1
Carter Worth= 0-1
Jon Najarian= 4-1
Jeff Macke= 23-17
Tim Seymore= 14-8
Guy Adami= 21-22
Pete Najarian= 24-19
Karen Finerman= 18-22-1
Joe Terrenova= 1-1

2007 Results (Since 6/21):
Guy Adami= 58-46 = 56%
Jeff Macke= 60-40 = 60%
Pete Najarian= 49-41 = 54%

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Google Finance Stock Screener

For those who may not know yet, Google Finance finally has a stock screener. It is very usable but needs more criteria.

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Wednesday's Links

PMI, Sears, Adam vs Cramer, Obama,

Want a taste of what Philip Morris International can do?

– Now, this is a really great concept…

– I tell you what, Adam is rapidly becoming the person to go to when one wants to catch the latest Cramerism….

– Let’s put the race issue he and his supporters always raise so they can tell us we “need to get past this” for a moment. His economic ideas ought to terrify people.

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Wednesday’s Links

PMI, Sears, Adam vs Cramer, Obama,

Want a taste of what Philip Morris International can do?

– Now, this is a really great concept…

– I tell you what, Adam is rapidly becoming the person to go to when one wants to catch the latest Cramerism….

– Let’s put the race issue he and his supporters always raise so they can tell us we “need to get past this” for a moment. His economic ideas ought to terrify people.

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Financials: Yes or No?

What to do with financials?

So, here is the basic dilemma investors find themselves in.

Who to believe? They both have been dead on and are considered the best. Regular readers know my stance on analysts as a whole, but, I will give credit where it is due. When it comes to banks, these two have made calls that look prophetic.

The answer to this one depends on your time frame. If you are looking to cash in in the next month or two, I think Whitney may be your guide. I do not agree with her dire stance though. There may be individual instances of failures on a small scale and even Bernanke has admitted that. The sector as a whole though does not have much more downside. I think she may have over extended herself on that one.

Now, if you do not mid waiting for a while and collecting a nice fat dividend in the meantime, Bove is your guy. Personally I lack the ability to time the markets but even I can notice bad news is not hurting us very much anymore and that is a sign that expectations are lousy and people are beginning to look past them to the future.

I think when we look back at this years from now, both will be able to claim some sort of victory. Currently I hold Goldman Sachs (GS), Citigroup (C) and Wachovia (WB) and have no plans of selling any of them anytime soon.

We’ll see…

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Bernanke's Testimony to Congress

I tried watching this on TV but watching the blowhards in Congress incessantly drone on in sound bites like “rainman” just is too much for a human to be expected to bear. I can’t be expected to “take one for the team” every time these guys decide to put on the dog and pony show.

That being said, I decided to read in quiet…

Here is the outlook:
“Overall, the near-term economic outlook has weakened relative to the projections released by the Federal Open Market Committee (FOMC) at the end of January. It now appears likely that real gross domestic product (GDP) will not grow much, if at all, over the first half of 2008 and could even contract slightly. We expect economic activity to strengthen in the second half of the year, in part as the result of stimulative monetary and fiscal policies; and growth is expected to proceed at or a little above its sustainable pace in 2009, bolstered by a stabilization of housing activity, albeit at low levels, and gradually improving financial conditions. However, in light of the recent turbulence in financial markets, the uncertainty attending this forecast is quite high and the risks remain to the downside.”

“Inflation has also been a source of concern. The price index for personal consumption expenditures rose 3.4 percent over the twelve months ending in February, up from 2.3 percent over the preceding twelve-month period. To a large extent, this pickup in inflation has been the result of sharp increases in the prices of crude oil, agricultural products, and other globally traded commodities. Additionally, the decline in the foreign exchange value of the dollar has boosted some non-commodity import prices and thus contributed to inflation. However, the so-called core rate of inflation–that is, inflation excluding food and energy prices–has edged down recently after firming somewhat late last year.”

“We expect inflation to moderate in coming quarters. That expectation is based, in part, on futures markets’ indications of a leveling out of prices for oil and other commodities, and it is consistent with our projection that global growth–and thus the demand for commodities–will slow somewhat during this period. And, as I noted, we project an easing of pressures on resource utilization. However, some indicators of inflation expectations have risen, and, overall, uncertainty about the inflation outlook has increased. It will be necessary to continue to monitor inflation developments carefully in the months ahead.”

This is the first time in recent memory I can recall his mentioning of the “exchange rate of the dollar” in testimony as being an issue. If nothing else, it does show that the issue is not being ignored and Bernanke does recognize that perhaps the single best tool he has against inflation currently is to take actions that inflate the value of the dollar.

He finished by saying:
“Clearly, the U.S. economy is going through a very difficult period. But among the great strengths of our economy is its ability to adapt and to respond to diverse challenges. Much necessary economic and financial adjustment has already taken place, and monetary and fiscal policies are in train that should support a return to growth in the second half of this year and next year. I remain confident in our economy’s long-term prospects.”

None of this is really earth shattering stuff. The dollar mention was the most significant for me, although I have yet to hear it discussed by thew talking heads on TV. It is too bad because the Q&A in an election year is always a “circus of irrelevance” when it comes to the substance of the questions. Perhaps though the speech was rather benign because, well, that is the current environment out there?

I think one would be real hard pressed to think we have not stabilized and most of the bad news is now old news and what matters most is now this summer and fall.

That being said, if we do accelerate after this winter in the second half, Bernanke ought to get a bust on Capital Hill after what he just navigated the world through…

Review the whole text here:

Disclosure (“none” means no position):Long Bernanke

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