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Is Goldman Sach’s Still Profiting from CDO Debacle?

If you read the Goldman Sachs (GS) filing last month there was an interesting line.

If we put aside the stunning 72% increase in earnings that just blew the door off all the estimates, we need to look at those earning. What did it for Goldman, unlike Citigroup (C), Merrill Lynch (MER), Lehman (LEH), Morgan Stanley (MS), and other was that in June of last year they began shorting these CDO markets that have decimated earnings at the other institutions.

Here is where it gets very interesting. Goldman in their recent filing that “increases were due to unrealized gains in certain positions”. Hmmm. My take is that Goldman is still short the CDO markets and if they are, that means they are still profiting handsomely from it. Consider Merrill just wrote down $8 billion of CDO’s and it looks like another $4 billion is coming next quarter. Fears are now being stoked that other institutions will follow to some extent also. That may be a blessing at other places. If Chuck Prince at Citigroup forces shareholders to swallow another bitter pill after promising “Q4 will be much better” , it will be his last

Goldman also wrote down their portfolio of CDO’s last quarter but the short positions negated any negative effect to earnings. It increasingly is looking like this short position may actually produce a positive in Q4 and with all Goldman’s other business performing well, the recent all-time high the stock hit on Monday may be a distant memory soon enough..

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Marriot’s Holiday Party Rewards Promotion: Anyone In the Loop?

Just when i thought Dell (DELL) took the cake for customer service, Marriott (MAR) steps into the abyss.

You have probably all seen the advertisements for it. Book your Holiday Party at any Marriot and you receive 50,000 rewards points. Great!! Not so fast..

Being Marriot rewards members we call the Marlboro/Westborough Courtyard to inquire about the details (here is where the fun begins). We get transferred to the necessary person who is not is so we get voicemail. The system will not allow us to leave a message so we go back to the operator. “Let’s try it again” she says so back in the loop we go. No luck and back to the operator. After convincing here this probably just is not going to work they connect us to another person who tells us “I can’t help you, you need “x””.

we inform them that “x” is not in and that the voice mail is not working and say “can we get someone else in sales”? Sure and we go another sales person who says “what are you talking about?”

“You guys have been advertising a 50,000 rewards point program for holiday parties for several months now” we reply.

“We are not doing that” she replies

“But it is a national promo!?!” we retort..

“Well, I have not heard about it” she says incredulously.

“But, it has been on TV and in the local papers all fall” we reply..

“Don’t know about it”

“Could you go possibly ask someone else” we say thinking maybe she is just new (she wasn’t).

“Hold on” she says in a huff

After several minutes she returns and says “I talked to my GM who said we are actually doing it and she is going to talk to our sales manager because she/he did not inform us, but I do not have any details to give you.”

“Do you really expect us to book a party with you when no ones knows about the program?” We ask

He we go.. ready????????

“No, I wouldn’t book it with us either if I was you”… Goodbye..

A few hours later we called back and actually spoke to the GM who passed the buck and blamed the sales manager up and down so efficiently that we think she may have a wonderful career in politics ahead of her. This begs the question, what does the “general” in her manager title actually mean if she does not know about a national promotion? She must approve the ads they have been running for months, right? So after this we said, “so can you send us information so we can make a decision?” The reply will stun you….

“Your not still interested in booking the party with us are you?”

Uhhh.. Not anymore..

WOW…. you can’t make this stuff up!! We called to give them business not once but twice and we essentially told to go away. I will look more into this over the next few days and get back next week but this one is real hard to believe.

Dell corporate in the end did the best they could to make an awful situation right. If anyone at Marriott wants to give me a buzz and explain this one, I’d love to hear it.

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Wednesday’s Upgrades and Downgrades

UPGRADES
VASCO Data Security VDSI RBC Capital Mkts Underperform » Sector Perform
Gehl GEHL BMO Capital Markets Market Perform » Outperform
Imax IMAX Soleil Hold » Buy
Coca-Cola FEMSA KOF JP Morgan Neutral » Overweight
Teekay LNG Partners TGP Wachovia Mkt Perform » Outperform
Northgate Minerals NXG CIBC Wrld Mkts Sector Underperform » Sector Perform
Actuate ACTU JMP Securities Mkt Perform » Mkt Outperform
Schnitzer Steel SCHN DA Davidson Underperform » Neutral
Manpower MAN Citigroup Hold » Buy
Platinum Underwriters PTP Banc of America Sec Neutral » Buy
US BioEnergy USBE UBS Neutral » Buy
General Motors GM UBS Sell » Buy
FormFactor FORM Citigroup Hold » Buy
Acuity Brands AYI Robert W. Baird Neutral » Outperform
Suncor Energy SU Friedman Billings Underperform » Mkt Perform
Petro-Canada PCZ Friedman Billings Mkt Perform » Outperform
Nexen NXY Friedman Billings Mkt Perform » Outperform

DOWNGRADES
Portfolio Recovery Assoc. PRAA Kaufman Bros Buy » Hold
ICF International ICFI Stifel Nicolaus Buy » Hold
American Medical AMMD Stifel Nicolaus Buy » Hold
Volcom VLCM Caris & Company Above Average » Average
American Medical AMMD Piper Jaffray Outperform » Market Perform
Las Vegas Sands LVS BMO Capital Markets Outperform » Market Perform
Home Inns HMIN Brean Murray Buy » Hold
Covad DVW Jefferies & Co Buy » Hold
DJ Orthopedics DJO Susquehanna Financial Positive » Neutral

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"Fast Money" for Wednesday

Wednesday’s Picks
Jeff Macke recommended buying Yahoo! (YHOO). Open $30.83

Guy Adami liked Dell (DELL). Open $29.80

Karen Finerman liked Cadbury Schweppes (CSG). Open $52.55

Pete Najarian preferred Dick’s Sporting Goods (DKS). Open $32.80

Tuesday’s Results

Jeff Macke recommended selling some EMC Corp. (EMC).Open $25.37 Close $25.12 LOSS

Guy Adami thought Gilead (GILD) is a buy. Open $45.96 Close $45.48 LOSS

Karen Finerman preferred Washington Group (WNG). Open $ 95.10 Close $96.49 GAIN

Pete Najarian thought Merrill Lynch (MER) is a buy. Open $67.42 Close $65.66 LOSS

Since my tracking began on 6/21 (1-1 means one up pick and one down pick and no results from my vacation weeks). The percentage is the percentage of successful picks

Guy Adami= 38-24 = 61%
John Najarian= 13-4 = 76%
Jeff Macke= 43-32 = 55%
Pete Najarian= 29-26 = 52%
Tim Seymore= 4-3 = 57%
Karen Finerman= 22-13 = 61%
Stacey Briere-Gilbert= 3-0 = 100
Ned Riley= 1-0 = 100%
Carter Worth= 0-1 = 0%

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Altria Shareholders Need to Watch Exxon’s Supreme Court Appeal

Chief Justice John Roberts Supreme Court has elected to increase it’s review of punitive damages against corporations by hearing an appeal of a $2.5 billion award against Exxon Mobil (XOM) over the 1989 Valdez oil spill in Alaska. Altria (MO) shareholders ought to be very interested.

The award against Exxon, the largest ever by a U.S. federal court is the final major litigation left from the Valdez oil spill. To date Exxon has paid more than $3.4 billion in claims and fines tied to the spill, which dumped 258,000 barrels of oil into the Prince William Sound after the Valdez oil tanker ran aground.

The appeal, which is supported by business groups, challenges the punitive award with several legal arguments, chiefly, that a federal appeals court ignored both recent punitive damages precedent and improperly allowed the damages award under maritime law.

In recent years, the Supreme Court has put restrictions on the size of punitive damages awards and limited the use of awards to punish broader conduct outside the scope of a particular case. It is clear that there is a sea change underway in this area. Once used to punish and essentially destroy a business, the Roberts court has taken a microscope to the issue of what it views as “grossly excessive damages” and has said that these types of awards “violate due process”.

The last appeal ruling the court made in this area was last February when they set aside a nearly $80 million judgment against Altria awarded to the widow of a smoker in Oregon.

This has already filtered down to the state level. On July 6, 2006, the Florida Supreme Court decertified the Engle class-action litigation and reversed the state court jury’s award of $145 billion in punitive damages because, as a matter of law, the award was “improper and excessive.” The Florida Supreme Court also concluded that certain issues decided by the Engle trial jury may be considered as resolved for any potential future cases filed by former class members.

On March 22, 2002, an Oregon jury awarded a Mr. Schwarz $168,500 in compensatory damages, and $150,000,000 in punitive damages, which the court reduced to $100,000,000. On May 17, 2006, the Oregon Court of Appeals found no error in the award of compensatory damages, but vacated the punitive damages award and ordered a new trial to determine the amount of punitive damages.

The Exxon case will further define the scope of punitive damages available to plaintiffs in cases and based on history, that will be very good for Altria and its shareholders. The litigation environment has not been this good for Altria in over a decade now and the valuation cap that has been on shares for that time period is beginning to dissipate. Once the litigation risk to shares is clearly defined, and the Roberts court is slowly doing that, one can expect PE expansion in shares, lifting them higher.

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Tuesday’s 52 Week Low’s


RAD Rite Aid Corporation 3.86
Q Qwest Communications … 7.16
PTSI P A M Transportation … 16.26
PBI Pitney Bowes Inc 40.21
OPWV Openwave Sys Inc 3.90
HIAU Highlands Acquisition … 10.00
HDL Handleman Company 2.35
GW Grey Wolf Inc 5.45
GSBC Great Southern Bancor … 23.24
GRVY Gravity Co Ltd 3.51
DBD Diebold, Incorporated 40.25
BHS Brookfield Homes Corp 14.94
BXC Bluelinx Hldgs Inc 5.47
BRNC Bronco Drilling Co Inc 13.20

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Tuesday’s Links

Red Sox, Fed Cut, Festival, Google Phone

– Yes, they are

– I just find this one hard to believe.

– Here is the information for the next Festival of Stocks.

– A “Google Wireless” would be very good for all..

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Warren Buffett’s Tax Math Fuzzy at Best

Time to take “The Oracle” to task.

CNBC has an interview today in which Buffett describes the taxes on his office. He pays 17.5% tax “on average” on his income and that the rest of his office pays 32%. This is the “unfairness” in the tax system he alludes to.

Here is the flaw, the higher taxes those people pay? It is social security taxes, a “tax” for a program those people will need far more than Buffett ever will. After $85,000 in income you no longer need to pay the 7% tax on your income. Buffett takes a $100,000 income from Berkshire plus the thousands he makes from board seats and dividends in stocks he owns privately. It also does not take into account any tax free income Buffett may receive from Federal or Municipal bonds he owns which would dramatically lower his “percentage”.

Now, Buffett has said 90% of his net worth is in Berkshire stock which means he has some $5 billion in other investments which could generate $10 million in income taxable at 15% if invested in dividend paying stocks that have an average 2% yield.

I do not know what the secretary in the office makes but lets say she is paid a fortune in Omaha, $85,000. Her “average” tax will average the 32%. Now Warren, will pay the same percentage of his first $85,000 and then pay only 25% on the next $15,000 since no SS tax is paid. Now, if we add the dividend stocks scenario, we lower his “average” tax rate to 15.5%.

I have no idea what Warren has the $5 billion invested in but the exercise is meant to show not that the “income” tax rates are “unfair” or tilted to the rich (although they all should be lowered) but that Warren’s wealth allows him to invest vast sums in investments that lower his “average” rate easily. It is important to note that these investments are perfectly legal and available to all people and everyone can lower their average rate by using them.

The bottom line is that the only way for Warren’s argument to have any real legitimacy is for him to detail his income sources. Without the details, the whole argument has no merit.

Another note: The last time congress tried to “sock it to” the fat cats, we got the AMT which is systematically now killing the middle class.. be careful what you wish for…

Just lower all the rates and we all win…

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Big Oil Dipping Toes Into Renewables

In case you have missed it, the oil majors are quietly investing in the renewable fuel sector.

ConocoPhillips (COP) has made the largest foray with it partnership with Tyson Foods(TSN) to produce biodiesel from chicken fat and a recently announced deal with Archer Daniels Midland (ADM) to produce fuel from biomass (farm waste)

Exxon (XOM), while publicly downplaying and almost mocking the role of biofuels for years is currently funding research at Stanford University

Marathon Oil (MRO) has actually partnered with ethanol maker The Andersons (ANDE) and the two are producing ethanol from corn at a plant they plan to retrofit when additional feedstock are viable.

BP (BP) has pledged $500 million to research at the University of California at Berkeley and its partners, the University of Illinois at Urbana-Champaign and the Lawrence Berkeley National Laboratory and is attempting to make bio-butanol commercially viable.

Royal Dutch Shell PLC has two separate joint ventures, one in Germany and one in Canada, aimed at producing ethanol from noncorn sources.

Now, are the investments huge? No. Did they exist three years ago? No. Biofuels are both politically popular and extremely popular with the consumer. They big takeaway here is that the alternative energy companies are not alone in this effort today. It all but assure a permanent place for biofuels the only question that remains to be asked it what the market looks like. Currently it is extremely fragmented and consolidation is inevitable and necessary. It is becoming a global market like oil and the players who are first to begin the global consolidation will prosper. Bunge (BG) is in South America and ADM has made no secret of its desire to acquire large scale Brazilian production and has even made public pronouncements about acquiring additional US facilities.

One thing for sure, it will be exciting to watch..

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Target’s Odd Campaign

This one had me shaking my head.

Target (TGT) plans to market its fall and winter designer apparel in a strange fashion show. Clothes and accessories will dance and prance their way down the runway without models and without actual clothing.

Instead of models or the clothing they are trying to sell, Target will stage the fashion show using holograms, two-dimensional moving images that give the illusion of having three dimensions. They will be projected in a section of Grand Central Terminal in New York City on Nov. 6 and 7 and will be repeated every 10 minutes from noon to midnight the first day and 6 a.m. to 7 p.m. the second day. Target plans to post a video of the show on Google’s (GOOG) YouTube, Facebook and Target’s own Web site to get more eyeballs on it.

Even Target acknowledges it is a risk. “I hope it won’t creep people out,” Said Laura Sandall, Target’s director of events marketing and publicity.

It won’t creep them out but it will be worse, ineffective. Clothing is a “visual and touchy feely” purchase for the vast majority of people and what Target is doing is taking that away from them. Folks need to see what it will look like on someone to be intrigued and “want to look like the model” in the cloths. Watching a virtual pair of pants dance across a screen won’t do much to satiate the basic needs people have to be propelled them to buy clothing. In order to keep folks attention the clothing must end up doing something exciting which will then restrict the ability of people to actually make a judgment on the item. Who wants to buy but they can’t see?

Target will save a bunch not paying models and actually using cloths but when compared to what they may actually end up selling from the promo, it may end up costing them dearly as the holiday season, make or break for most retailers is a very risky time to be trying such a daring, unproven and admittedly “odd” strategy.

Watching pants dance will not spur a buying decision for people… not in the numbers they need to prevent Q4 from being a bust..

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Tuesday’s Downgrades and Upgrades


UPGRADES
Total System TSS First Analysis Sec Equal-Weight » Overweight
Atheros Communications ATHR Collins Stewart Market Perform » Buy
Convergys CVG Stifel Nicolaus Hold » Buy
Cardinal Health CAH Credit Suisse Neutral » Outperform
American Axle AXL KeyBanc Capital Mkts Buy » Aggressive Buy
ManTech MANT Cowen & Co Neutral » Outperform
Potash POT Banc of America Sec Neutral » Buy
NTT DoCoMo DCM Citigroup Sell » Hold
Western Refining WNR UBS Sell » Neutral
Harvest Natural HNR Jefferies & Co Hold » Buy
Washington Post WPO Deutsche Securities Hold » Buy

DOWNGRADES
Steel Dynamics STLD Longbow Buy » Neutral
Suntech Power STP Brean Murray Buy » Hold
Tesoro Corp. TSO BMO Capital Markets Outperform » Market Perform
Office Depot ODP JP Morgan Overweight » Neutral
EuroBancshares EUBK Kaufman Bros Buy » Hold
P.A.M. Transport PTSI Morgan Keegan Outperform » Mkt Perform
Somerset Hills Bancorp SOMH Stifel Nicolaus Buy » Hold
Office Depot ODP Credit Suisse Neutral » Underperform
Puget Energy PSD Soleil Hold » Sell
Sadia S.A. SDA HSBC Securities Overweight » Neutral
Penn Natl Gaming PENN Brean Murray Buy » Hold
PharmaNet Devlpmt PDGI Jefferies & Co Buy » Hold
VeraSun Energy VSE Calyon Securities Buy » Add
Clayton Holdings CLAY JMP Securities Mkt Outperform » Mkt Perform
NVIDIA NVDA Lehman Brothers Overweight » Equal-weight
Dvlps Divers Realty DDR Deutsche Securities Buy » Hold
Stanley Inc. SXE Citigroup Buy » Hold
LIFE TIME Fitness LTM Banc of America Sec Buy » Neutral
Kensey Nash KNSY Oppenheimer Buy » Neutral
Oil States OIS Oppenheimer Buy » Neutral
Baker Hughes BHI Friedman Billings Outperform » Mkt Perform
Puget Energy PSD Robert W. Baird Outperform » Neutral

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"Fast Money" for Tuesday

Tuesday’s Picks

Jeff Macke recommended selling some EMC Corp. (EMC).Open $25.37

Guy Adami thought Gilead (GILD) is a buy. Open $45.96

Karen Finerman preferred Washington Group (WNG). Open $ 95.10

Pete Najarian thought Merrill Lynch (MER) is a buy. Open $67.42

Monday’s Results

Jeff Macke liked Intel (INTC). Open $25.94 Close $26.26 GAIN

Guy Adami preferred Dell (DELL). Open $28.98 Close $29.47 GAIN

Karen Finerman recommended shorting the United States Oil Fund (USO). Open $71.17 Close $72.50 LOSS

Pete Najarian said Baker Hughes (BHI) is a buy. Open $91.05 Close $87.99 LOSS

Since my tracking began on 6/21 (1-1 means one up pick and one down pick and no results from my vacation weeks). The percentage is the percentage of successful picks

Guy Adami= 38-23 = 63%
John Najarian= 13-4 = 76%
Jeff Macke= 43-31 = 57%
Pete Najarian= 29-25 = 52%
Tim Seymore= 4-3 = 57%
Karen Finerman= 21-13 = 60%
Stacey Briere-Gilbert= 3-0 = 100
Ned Riley= 1-0 = 100%
Carter Worth= 0-1 = 0%

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Monday’s 52 Week Low’s

VM Virgin Mobile Usa Inc 11.10
TWC Time Warner Cable Inc 28.97
ODP Office Depot, Inc 16.54
MFBC MFB Corp 28.21
MCRL Micrel Incorporated 8.59
MAXE Max & Ermas Restauran … 3.62
LPX Louisiana Pac Corp 15.76
GEHL Gehl Co 17.94
EAT Brinker International … 25.27
ACAT Arctic Cat Inc 14.74

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ADM Enters Chemicals

Did not see this one coming but that does not mean it is a bad thing…

Archer Daniels Midland (ADM), the world’s largest biofuel producer has formed an industrial chemicals group with a focus on exponentially increasing ADM’s presence in industrial markets. The new business will take advantage of ADM’s processing expertise and global distribution network to expand ADM’s product offerings in industrial chemicals. The goal is for ADM to commercialize additional chemicals from renewable feedstocks.

“Renewable, biobased industrial chemicals fit into two major trends that we’re seeing in the marketplace: the desire to improve a product’s environmental footprint and the desire to reduce the use of petroleum-based products. In the short-term, we see opportunity to commercialize direct replacements for typically petroleum-derived chemicals. And in the longer-term, we see even more opportunities to develop new chemicals which provide increased functionality and are better for the environment. As one of the world’s largest processors of renewable feedstocks, ADM has a unique opportunity to succeed in this area,” said John Rice, executive vice president, Commercial and Production.

Interesting Hire:
To head the new business, ADM has hired Janet Mann as general manager, Industrial Chemicals, reporting to Rice. Mann joins ADM from Chemtura (CEM) where she was vice president and general manager, Performance Specialties. Mann previously served as business director for Dow Chemical (DOW) and executive vice president of Dow’s ANGUS Chemical subsidiary. She received a Master of Business Administration degree in finance from DePaul University and a Bachelor of Science degree in chemistry from Bradley University.

“The demand for biobased solutions is growing rapidly in the industrial segment. ADM has the assets and knowledge to commercialize many chemicals from renewable agricultural feedstocks, and I am very excited to join the team,” said Mann.

“Janet brings a deep understanding of the chemical and plastics industry to the ADM team. She has expertise in developing and implementing successful business strategies focused on growth in the chemical industry,” said Rice.

Now, two weeks ago I blogged on what Dow would find attractive in Chemtura’s portfolio and this move may be a sign that Mann is getting out before Dow takes over the specialties business there. Stay tuned…

As for ADM, this is great because it is opening yet another bio-based market for its products. Currently the leader is bio-fuels and bio-plastics, ADM now will enter the bio-chemicals arena. Any “bio” is a sure winner today and ADM is the first and largest player in that market. It will muddle the field for investors though. How will we value ADM? Is is a Ag Company? Energy? Specialty Chemical? What? The answer will be determined by the composition of earnings. One thing is for sure. They cannot be just lumped in with ethanol producers or food processors anymore. That valuation inadequacy will provide great opportunities at times so be both opportunistic when it is mis-valued and do not despair when the like happens.

They are entering a category of one here and that almost always is a very good place to be.

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Monday’s Links: Another Thank you

Greenie’s Book, Morningstar, Thank You, Sears Holdings

– It looks like Greenspan’s book isn’t going to be the big seller it was made out to be.

– Morningstar examine the investing styles a guess what comes out a winner?

– Thank you to NY Magazine for the mention.

– Here is another look at the potential real estate value in Sears Holdings (SHLD)

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