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Dow Chemical’s (DOW) Liveris Vents

Dow Chemical’s (DOW) CEO pulls no punches when talking about Congress

After saying that more drilling needs to get done and more refineries need to be built, Andrew Liveris said, “In fact, it’s almost the reverse under the current Congress, which is a joke,” he said. “We’re letting everyone else drill with our technology and we are not doing it ourselves. To me that is the insane asylum being run by lunatics,” Liveris said.

“Inflationary pressures on the (U.S.) consumer through gasoline prices and food prices have reached the point where the consumer is clearly changing behavior,” said Liveris told Reuters.

Liveris said Dow is within days of making statements about the sorts of actions it intends taking to deal with the cost escalation, he said, declining to specify those steps. The company had considered implementing an energy surcharge, but is unlikely to follow Rohm and Haas (ROH) who implemented one last month.

Based on past moves, this means more US jobs will be lost as Liveris exercises his only option, move production facilities to countries that actually value energy, rather than bitching about it.

The really sad thing is we have the oil (USO) and we have the gas, we just cannot drill for it. If you are upset about what it costs to fill your tank or heat or cool your home, look at how your Congress-person has voted. Chances are, they have voted to increase your costs by not allowing energy companies to get the cheap oil and gas we have sitting in our country and just off our shores.

If you voted for them, blame yourself. If you want things to change, let them know by voting against them in November…

Disclosure (“none” means no position):Long Dow, USO

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Why Mark-to-Market Sucks

While well intended, mark to market accounting in times of stress only serves to exacerbate market dislocations and confuse investors. For instance, check out FGIC’s earnings release today.

From the release:

“In accordance with SFAS No. 157, which the Company adopted effective January 1, 2008, FGIC updated its mark-to-market methodology to take into account the market’s perception of FGIC’s non-performance risk. The adjusted methodology, which resulted in a reduction in the valuation of FGIC’s derivative liabilities, incorporated spreads of FGIC’s credit default swaps. In accordance with SFAS No. 157, the Company recorded a benefit of $1.56 billion in the fair value of credit protection contracts provided by FGIC that are considered credit derivatives, which more than offset the mark-to-market losses of $1.40 billion related to such credit derivatives and resulted in a net unrealized gain of $157.0 million in the fair value of such credit derivatives for the first quarter of 2008.

The first quarter 2008 mark-to-market loss of $1.40 billion consisted of approximately $228 million related to estimated credit impairments and $1.18 billion related to the widening of credit spreads in the structured credit markets. The estimated credit impairment of $228 million represents management’s estimate of future claim payments on certain ABS CDOs and other derivative transactions.”

Got it?

All the numbers being thrown around, billions, yet what did the business actually do?

What mark-to-market has done in many cases is reduce earning for companies from actual earnings based on the functions of the business to “anticipated results”. The credit spreads referenced are what the market feels about the insurance issue by the company. If the market feels good, the spreads contract, if they feel bad they expand.

This caused the “earnings” of FGIC to rise and fall based on these “feelings”. They do not have any actual effect on the actual eps. Yet they are now becoming more powerful than the actual operations, especially for businesses like banks and insurance companies that hold large pools of products. Without selling anything and actually realizing a loss or a gain, they will see wild swings in earnings based on market perception of these products.

It is like Anheuser-Busch (BUD) posting a “loss” for the quarter because the market thinks the selling price of beer will fall casing profits to be affected negatively. What should happen is that the market votes on the stock price by buying or selling and then we wait and see what actually happens. What mark-to-market has done is take that speculation and transferred it from the price of the stock to the earnings of the company. Not right…

The good news is for those with stones, when these spreads contract and the huge write-downs become write-ups, boom go earnings…..

Oh, FGIC, actually had a loss of $279 million based on “reserves for estimated credit losses”. That is what operations actually did irrespective of posted results and write-ups and write-downs.

Disclosure (“none” means no position):None

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Wal-Mart (WMT) Going Local

Wal-Mart (WMT), already on the top of consumer’s minds when it comes to prices, is now trying to get there for specialty items also.

Once again Wal-Mart is ahead of the game. Wisely retreating from the previous gang busters growth strategy and already the low cost leader, this is a fantastic way to draw in more shoppers to its existing locations.

Now the first thing that people will say it that this will hurt margins. Well, yes and no. While the small number of specialty items that will be sold may be done at a lower margin, the additional sales of other items will lead to overall ales increases.

At the end of the day, isn’t that what matters? By no means are the specialty items going to be sold as “loss leaders” so even at a lower margin , they will still be profitable. Now add in the additional milk, toilet paper and other ancillary items people going there will pick up rather than making an additional trip and you have the making of another win for Wal-Mart.

Better still is that they are ahead of the competition like Target (TGT) in the implementation of it.

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

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Gap Earnings Call Notes

Gaps (GPS) earnings call was very interesting..

CEO Glenn murphy: “We here at Gap Inc., continue to be committed to our three financial tenants for the remainder of this fiscal year. Number one, driving a healthier margin business through a combination of tactics such as our commitment to solid inventory management, reducing and containing costs; it is obviously a critical tenant for us in 2008, and taking a more disciplined approach to capital spending in order to improve our ROIC.

We believe that our unwavering focus to these financial priorities will service well going forward, as we see no signs of improvement in the psyche of the American consumer. Having said that, we recognize and acknowledge that a company like Gap, with a leading market share, that we need to internally advance the dialogue of how we will at the right time begin the stem and then recapture our lost market share.”

* Gross margin increased 150 basis points to 39.7% versus 38.2% last year.
* Operating expenses decreased by $92 million
* Repurchased 11 million shares for $216 million.
* Online sales grew 21% versus last year to $236 million for the quarter
* Merchandise margin improved 310 basis points in the first quarter,
* Ended the Q1 with $1.6 billion in inventory, down 14% versus the prior year.
* Inventory per square foot was $37, down 17% versus down 8% in 2007
* Ended the first quarter with about $1.8 billion in cash and short-term investments.

The Q&A session was a bit of a disappointment because they questions were not very insightful. Murphy and the rest of management were very forthcoming it is just that they were not asked anything that would give more light into the future.

It is almost like the analysts cannot recognize this type of retailing. They seem to think everyone must be a Wal-Mart (WMT) or Target (TGT) and cannot escape that paradigm. Too bad, Murphy seems like the kind of guy tht would answer almost anything…if he was actually asked.

That being said he is doing a tremendous job in a very difficult operating environment.

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

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Gap……Where Have We Seen This Before?

In March of 2007 I made a request for the new GAP (GPS) CEO, make him or her a grad of “Lampert U”. Did anyone else have a flashback when looking at Gap’s results yesterday?

Then I said “most important thing they can do is grow profits, not just sell merchandise. Somewhere along the way, retailers got the “bigger at all cost is better” mantra ingrained in them and began to chase sales over profits. Lampert and Day have said, profits matter most, not just sales. This has lead them to close under performing locations, sell off unnecessary assets, keep closer tabs on inventory and not just discount merchandise to drive unprofitable revenue growth. They then take this extra money and begin massive share buybacks, pay off debt and to re-invest in the current locations that are performing satisfactorily.

The potential here for a CEO like this to make shareholders very wealthy is just waiting to be had as Gap has $2 billion in the bank, produces another $1.5 billion of operating cash flow per year and is virtually debt free. If they would stop investing in trying to just get bigger and got smart, they could return a ton to investors via buybacks (I estimate 15%-20% in year one at current prices). Currently Gap (GPS) shares are trading over 10% below their early year buyout rumor highs.”

In March of this year new CEO Glen Murphy laid out his plan. It included increase the share repurchase plan, increasing margins and halting square footage growth in the US. Hmmmm.

Yesterday:
Reporting after the closing bell, Gap (GPS) said it earned $249 million, or 34 cents per share, compared to $178 million, or 22 cents per share, a year ago. Even though it beat the Street with earnings, Gap’s sales fell to $3.38 billion, compared with $3.55 billion a year ago. The retailer’s same-store sales fell 11% in the first period, worse than the 4% decline it suffered a year ago. Gap did better overseas, with sales falling just 5%.

The company’s Old Navy stores hurt the most during the first quarter, with sales tumbling 18% to $1.2 billion. Comparatively, sales at its North American Banana Republic stores fell by 4% from a year ago. Gap’s so-called same-store sales have now declined in 15 consecutive quarters. Despite all this, Gap reaffirmed its 2008 earnings outlook of $1.20 to $1.27 per share. How? A more disciplined cost approach combined with lower advertising expenses, layoffs and other cost cutting has increased Gap’s profits for four consecutive quarters.

“We are pleased with our first-quarter results, as we delivered solid earnings growth in a difficult environment,” CEO Glenn Murphy said. “We are focused on bringing compelling product and shopping experiences to our customers while managing costs tightly. We believe this approach is proving even more prudent given the current economic conditions.”

This is textbook Lampert (SHLD). One could even throw RadioShack’s (RSH) CEO Julian Day in the mix. Effective cost management, share repurchases, margins control lead to increasing profits.

Back then (15 months ago) I said that if Gap hired a CEO along Lampert’s way of thinking I would buy shares. Now I am not. I am hesitant to enter the category now already owning shares of Sears (SHLD), Wal-Mart (WMT), Harley Davidson (HOG) and Borders (BGP). There is way too much economic opaqueness out there to invest new money in retail but Gap is climbing to the top of the list when things clear out a bit.

Disclosure (“none” means no position):Long SHLD,HOG,WMT,BGP none

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Borders' Semantics

I always laugh at things like this.

Borders (BGP) CEO George Jones said yesterday that the company has had “no substantive talks” regarding a sale of the company. Rumor were swirling that Barnes and Noble (BKS) was preparing and offer.

Here is the thing. Jones clearly has had “talks”, just not “substantive” ones. Now, what has to happen when one talks about selling the company at what point the talks go from “just talking” to “substantive”.

Seems to me that the answer to that depends on the person qualifying the talks. Jones has multiple suitors and a company that seems to be on to something with its new concept. That being said, the longer he can drag the process out, allowing for the company’s results to improve, he dramatically increase the price he can get for himself and his shareholders.

For Jones to shorten the process at this point would probably leave money on the table.

Borders is in a sweet spot for both private equity and strategic buyers. A good brand with valuable assets and an appealing price.

This will happen….eventually

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

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Borders’ Semantics

I always laugh at things like this.

Borders (BGP) CEO George Jones said yesterday that the company has had “no substantive talks” regarding a sale of the company. Rumor were swirling that Barnes and Noble (BKS) was preparing and offer.

Here is the thing. Jones clearly has had “talks”, just not “substantive” ones. Now, what has to happen when one talks about selling the company at what point the talks go from “just talking” to “substantive”.

Seems to me that the answer to that depends on the person qualifying the talks. Jones has multiple suitors and a company that seems to be on to something with its new concept. That being said, the longer he can drag the process out, allowing for the company’s results to improve, he dramatically increase the price he can get for himself and his shareholders.

For Jones to shorten the process at this point would probably leave money on the table.

Borders is in a sweet spot for both private equity and strategic buyers. A good brand with valuable assets and an appealing price.

This will happen….eventually

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

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Friday's Links

Kids and Politics, NFL, Blogs, CSX

– Why do we do this every election? Kids just do not care about politics. Why do we always talk about “getting out the vote” or “rock the vote” and every year the same percentage of them actually do it. Did anyone actually think YouTube was a source of political news…..really?

– If only Jones, Kraft and Snyder had listened to Ralph Wilson………..

– Well, this is good news..

– Whenever I see the CEO of CSX, something just does not sit right…

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Friday’s Links

Kids and Politics, NFL, Blogs, CSX

– Why do we do this every election? Kids just do not care about politics. Why do we always talk about “getting out the vote” or “rock the vote” and every year the same percentage of them actually do it. Did anyone actually think YouTube was a source of political news…..really?

– If only Jones, Kraft and Snyder had listened to Ralph Wilson………..

– Well, this is good news..

– Whenever I see the CEO of CSX, something just does not sit right…

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Friday's Upgrades and Downgrades


Upgrades
Methanex (MEOH)- Canaccord Adams Sell » Hold
UBS AG (UBS)- Keefe Bruyette Underperform » Mkt Perform
ArthroCare (ARTC)- Needham Buy » Strong Buy
DivX (DIVX)- Barrington Research Mkt Perform » Outperform
FLIR Systems (FLIR)- Boenning & Scattergood Market Perform » Market Outperform
America Movil SA (AMX)- Deutsche Securities Hold » Buy
EW Scripps (SSP)- Lehman Brothers Underweight » Overweight
VNUS Medical Tech (VNUS)- Roth Capital Hold » Buy
Ross Stores (ROST)- Piper Jaffray Neutral » Buy
Cost Plus (CPWM)- JMP Securities Mkt Underperform » Mkt Perform
Salesforce.com (CRM)- Jefferies & Co Hold » Buy
Level 3 (LVLT)- Wachovia Underperform » Mkt Perform
First Marblehead (FMD)- Friedman Billings Underperform » Mkt Perform

Downgrades
Network Appliance (NTAP)- Caris & Company Buy » Average
Advanced Analogic Tech (AATI)- Needham Strong Buy » Buy
FMC Tech (FTI)- Stifel Nicolaus Buy » Hold
Corn Products (CPO)- BB&T Capital Mkts Buy » Hold
Ashland (ASH)- Susquehanna Financial Positive » Neutral
Goldman Sachs (GS)- Ladenburg Thalmann Neutral » Sell
CDC Corp (CHINA)- Piper Jaffray Buy » Neutral
American Electric (AEP)- Jefferies & Co Buy » Hold
Barclays PLC (BCS)- Lehman Brothers Overweight » Equal-Weight
Merrill Lynch (MER)- Ladenburg Thalmann Neutral » Sell
Lehman Brothers (LEH)- Ladenburg Thalmann Neutral » Sell

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Friday’s Upgrades and Downgrades


Upgrades
Methanex (MEOH)- Canaccord Adams Sell » Hold
UBS AG (UBS)- Keefe Bruyette Underperform » Mkt Perform
ArthroCare (ARTC)- Needham Buy » Strong Buy
DivX (DIVX)- Barrington Research Mkt Perform » Outperform
FLIR Systems (FLIR)- Boenning & Scattergood Market Perform » Market Outperform
America Movil SA (AMX)- Deutsche Securities Hold » Buy
EW Scripps (SSP)- Lehman Brothers Underweight » Overweight
VNUS Medical Tech (VNUS)- Roth Capital Hold » Buy
Ross Stores (ROST)- Piper Jaffray Neutral » Buy
Cost Plus (CPWM)- JMP Securities Mkt Underperform » Mkt Perform
Salesforce.com (CRM)- Jefferies & Co Hold » Buy
Level 3 (LVLT)- Wachovia Underperform » Mkt Perform
First Marblehead (FMD)- Friedman Billings Underperform » Mkt Perform

Downgrades
Network Appliance (NTAP)- Caris & Company Buy » Average
Advanced Analogic Tech (AATI)- Needham Strong Buy » Buy
FMC Tech (FTI)- Stifel Nicolaus Buy » Hold
Corn Products (CPO)- BB&T Capital Mkts Buy » Hold
Ashland (ASH)- Susquehanna Financial Positive » Neutral
Goldman Sachs (GS)- Ladenburg Thalmann Neutral » Sell
CDC Corp (CHINA)- Piper Jaffray Buy » Neutral
American Electric (AEP)- Jefferies & Co Buy » Hold
Barclays PLC (BCS)- Lehman Brothers Overweight » Equal-Weight
Merrill Lynch (MER)- Ladenburg Thalmann Neutral » Sell
Lehman Brothers (LEH)- Ladenburg Thalmann Neutral » Sell

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"Fast Money" for Friday


Friday’s Picks
None

Thursday’s Results
Jeff Macke recommends the United States Oil Fund (USO) $108.31 with a $105 stop. Close $105.63 LOSS

Guy Adami suggests AMR Corp. (AMR) 6.22 for a trade. Close $6.56 GAIN

Karen Finerman prefers getting long the Oil Service HLDRS (OIH) $213.88 Close $211.88 LOSS along with USO puts. GAIN

Pete Najarian thinks Disney (DIS) $33.66 is a buy. Close $33.61 LOSS

2008 Records:
Brian Schaeffer= 0-1
Carter Worth= 1-1
Jon Najarian= 4-3
Jeff Macke= 40-33-1
Tim Seymore= 17-14
Guy Adami= 41-36
Pete Najarian= 38-36
Karen Finerman= 36-31-1
Joe Terrenova= 1-3

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

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Leucadia (LUK) Files Amended 13-D in Jefferies (JEF)

Leucadia (LUK) filed a 13-d moments ago in regards to Jefferes (JEF)

From the filing
Item 5 of the Schedule 13D is hereby amended and restated in its entirety, with effect from the date of this Amendment, as follows:

As of the close of business on the date of this Statement, the Reporting Persons may be deemed to beneficially own collectively an aggregate of 47,142,100 shares of Common Stock, representing approximately 29.11% of the shares of Common Stock outstanding. All percentages in this Item 5 are based on 161,951,428 shares of Common Stock outstanding as of the date of this Amendment.

Disclosure (“none” means no position):none

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It May Be Time To Sell Oil

Last weekend I listened to the barber and cronies talk about oil for 20 minutes. Everyone is looking for a way to invest in it. You know what that means, time to sell….

Oil is up 38% this year. What has changed? Boone Pickens says that there are 85 mbpd and demand is 87 mbpd, thus prices must rise. But, 38% in 5 months? Really? It should be noted Boone was short oil in Jan. so even he errs. Even at those numbers, worldwide oil demand rose only 1% last year, yet USO is up over 100%….

On January 1 in my “8 for 2008” predictions I said oil “would sit at $135 by year end“. I still believe it and think that things are a bit too frothy. We are up 137% in our USO investment and each day I am thinking about cashing out. Why?

Demand:
Demand is set to fall. News of American Airlines (AMR) cutting flights is only the beginning. Look for more airlines to follow suit. SUV’s are sitting on dealership lots and that means American’s are buying more fuel efficient cars. This weekend will mark the first time since 2001 that travel on the highways has decreases for the holiday. $4 a gallon gas will kill demand. The US economy looks to be slowing and that slowing may last for a while, again dampening demand.

Record numbers of people in the Northeast are looking at switching from oil to heating with natural gas and even electrical or a combination of the two. Looking at almost $4 a gallon to heat a home just is not acceptable. You are talking about $4,000 to $6,000 winter heating bills.

The dollar, while not a dominant factor in the price of oil, still does count. US rate cuts are over (rate increase are likely by the fall) and we may begin to see some cuts in Europe. That means an immediate reversal in the decline of the dollar and more downward pressure on commodity (oil) prices.

Since the US is 25% of the demand for oil, what happens here matters.

China has been hoarding diesel fuel in anticipation of the Olympics this summer. That has caused false demand for the product worldwide, driving up prices. Once that is over, demand will immediately slacken.

This:

When your neighbor is drilling for oil, just as if he was “flipping houses” or “buying tech”, things have run ahead too fast.

Oil may still rise, but, when it begins to fall, it will collapse fast. Just look and the amount of futures speculation in oil. The fall will be vicious….

I am going to take my profits now, wait for the collapse and probably buy back in later…maybe

Disclosure (“none” means no position):Long USO (for now), none

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Barnes and Noble (BKS) Earnings Call Notes

Here is what a Borders (BGP) investor cares about in today’s Barnes and Noble (BKS) earnings call call

Steve Riggio CEO: “Good morning. While our sales were less than we expected, it still remains that the book business is a relatively stable one which we’ve said time and again. We believe our comp sales, while slightly negative, held up well compared to most of the retail sector..”

If the book business is “stable”. Then it logically follows that to increase share and earnings, physical growth is necessary. What better way to grow than to eliminate 12% of the market via an acquisition?

Charles Grom – J.P. Morgan: “And then just in terms of the speculation out there about Borders, I was wondering if you guys wanted to go on record and make a comment just to kind of clear the air, I’m sure it’s on everybody’s mind at this point.”

Steve Riggio: “We’ve put together a team of senior management people and financial advisors to study the feasibility of a transaction with Borders. We’ll provide no further comments about any discussions we may or may not have.”

Another regarding “Members:
Steve Riggio: “We don’t think it’s necessary. We think it’s more profitable to build business with a strong member base of highly motivated individuals that pay our annual membership fee and we continue to test and we’re learning quite a bit. Understand we have about seven years of history in this mailing hundreds of millions of emails and coupons of all different types.”

He continued: “So we have tremendously sophisticated analysis about what works, what doesn’t, what drives traffic profitably, what drives traffic unprofitably. So it’s not something that we will completely back away from testing because it is a good thing to do. But we believe that the path forward is to focus on the everyday discount that the card offers and it makes a lot of sense to us, that’s what the numbers are saying”

Remember, Borders has over 1.75 million members in its “Borders Rewards” program. There is tremendous value to this for BKS. Aside from eliminating the only real competitor in the “big box” bookseller, transferring almost 2 million customers to your most fastest growing entity, “membership”, is paramount.

Sales at Barnes & Noble.com were $99.6 million for the quarter, a 7.2% comparable sales increase and gross margins there improved 80 basis points this quarter. I have to believe the average online customer spends more than $45 dollar a year. My guess would be at least twice that but lets just go with that. I also could not find how many BKS online “members” there are, if anyone knows, please let mew know. That being said, if that is all they spend, BKS would double its online presence immediately.

Let’s then for fun add the $25 annual fee and now we have another $43.5 million flowing to BKS.

The whole of Borders right now is only valued at $403 million yet its upcoming site alone must have a value of 30% of that.

Riggio may want to do this mow if for no other reason, a revitalized Borders will add severe headwinds to his business. Based on results from its new concept to date, that is happening…

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

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