Category: Articles

More ethanol producers make the list. Will there be an industry consolidation coming?

VSE Verasun Energy Corp 11.21
VAR Varian Med Sys Inc 38.07
THC Tenet Healthcare Corp … 3.17
SPA Sparton Corporation 5.10
SIG Signet Group Plc 16.82
SCVL Shoe Carnival Inc 15.53
RAIL Freightcar Amer Inc 39.72
PGR The Progressive Corpo … 18.91
PEIX Pacific Ethanol Inc 10.43
PBH Prestige Brands Hldgs Inc 10.09
MNI McClatchy Newspapers, Inc 21.23
MMC Marsh & McLennan Comp … 24.67
MGPI Mgp Ingredients Inc 12.23
MGLN Magellan Health Svcs Inc 38.07
MCO Moodys Corp 43.05
CRUS Cirrus Logic Inc 6.30
CRAY Cray Inc 6.10
COT Cott Corp Que 9.76
CNTY Century Casinos Inc 6.41
CLDN Celadon Group Inc 13.52
CHUX O’Charley’s Inc 14.56
AVR Aventine Renewable Energy 11.27

Goldman (GS) reports on Thursday and for a stock trading at only 8 times earnings, a blowout number could cause the stock to vault upward.

Fortunately for shareholders (I am one) the recent market turmoil that has dragged Goldman down with it, will be the very thing that enables them to exceed expectations. Financial’s have been hit hard due the “subprime meltdown” (have you heard anything about it?) and rather that search for those companies that are most exposed to this market, the whole group, including Lehman (LEH), Bear Sterns (BSC) and Morgan Stanley (MS) got whacked.

Why not Goldman? Let’s start with 51% of Goldman’s earnings and get them out of the way. They come from overseas (and that percentage may actually be increasing) and will not be affected at all by the US mortgage market. These earnings will increase as activity abroad is surging.

The majority of Goldman’s US revenues are derived from trading activities, for which the current volatility in the markets is advantageous. Consider this: Much had been made of Goldman’s decision to invest $2 billion in one of it’s funds in August as there was a run on hedge funds. Word is that to date that investment has seen a 30% return for Goldman. Current earnings estimates are for $4.30 to $4.50 a share.

I am looking at much closer to $5 a share ($4.80 and above). People have placed way too much emphasis on the mortgage market and it’s relation to Goldman. In all reality, Goldman is a play on the global economy, not a segment of the US economy. There is good news though. Let’s say they only hit the $4.30 estimate. Trading at only 8 times earnings, where is the stock going? It is practically being given away now. We recently picked up more at $176 and any additional fall from here would be anther buying opportunity. Alas, I doubt it will happen.

What is much more likely is that several months from now a whole lot of people are going to be cursing themselves wishing the had bought shares in this company at these ludicrously low prices..

– Hysterical

– Here is a great post that compares Greenspan to Bernanke. I agree with it totally.

– If you follow commodity markets, here is a great joke

– Greenspan admits his “missed” subprime situation

When I first was alerted to this I thought the person was pulling my leg. Sadly for Rhode Island Attorney General Patrick Lynch, common sense and the image of Rhode Island, it is true.

Lynch is proposing that the three paint companies (Sherwin Williams (SHW), Millenium Holdings and NL Industries (NL)) who lost the public nuisance trial last year (it is now under appeal to the RI Supreme Court)spend $2.4 billion removing lead paint from more than half the houses and apartments in Rhode Island. It is important to note that of the dozen similar cases out there, this is the only loss to date and essentially happened because the Judge, Micheal Silverstein directed a verdict for the plaintiffs with jury instruction so biased against the defense jurors later said “there was no other way but to find but for the plaintiffs”. there are also the trivial little matters of evidence being withheld by the state and the basic rules of law being pushed to the side. This verdict will not only be over turned on appeal, but I would expect public admonishments of both the judge and prosecutors when all is said and done.

The 132 page sophomoric abatement plan (here), if approved, would lead to the single biggest construction job in the history of the state. Perhaps Lynch is trying to one up the success of Boston’s “Big Dig”? Please tell me you understand that is dripping with sarcasm?!?

Lynch’s office wants the three paint companies to clean up paint in 240,000 houses and apartments, 12,969 seasonal housing units, 419 child care centers and 339 elementary schools over a four-year period. It should be noted that at least in the 339 schools, the State of Rhode Island requested lead paint be used “for it’s durability”. No matter to Lynch.

Why is he doing this? PR for jobs in a sagging Rhodie Island economy. He is proposing 10,000 workers be hired to complete the work in an “expeditious” manner. The job of replacing over half the windows and doors in the state would require a “substantial training and outreach effort . . . to attract the needed workforce,” Lynch said.

So there we are. Let’s not forget that DuPont (DD) was left off the hook here. Why? They made a nice contribution to Brown, Lynch’s alma mater via their “settlement”. Oh yeah, they also made another contribution to a charity they control. I blogged on how much this DuPont thing reeks before, please read it.

Now we can move on to the lunacy of the plan. When it lead paint dangerous? When it is sitting on a windowsill or door? No. It is dangerous when it is release into the air and digested. What Lynch wants to do is essentially cause the most massive release of lead into the air in history. There is no “100% effective” way to remove lead paint without releasing particles into the air. Every remediation expert will tell you the safest way is to “encapsulate it” (paint over) but that will not cost $2.4 billion, create 10,000 jobs or any headlines, so, screw it. Lynch now wants to ramp up hiring those folks who are unemployed to do the job? Will they at least be given a videotape to watch first on how to do it?

Says the report “numerous studies have shown that the monetary benefits of controlling lead far outweigh the costs”. Really? does this mean Sherwin Williams will sell more paint there? I am sure it does outweigh them Patrick, especially when you consider they are not your “costs”. Is this guy serious? The plan will also create some cushy $75,000 a year “supervisory” positions for some folks, maybe some friends of Lynch need more work?

The best view of it? Scott Smith, an attorney for Millennium Holdings said, “We believe the state plan is, in a word ridiculous. It is completely unprecedented, it’s unworkable and it will, indeed, be harmful to the state.” You mean releasing unprecedented amounts of lead into the air over Rhode Island may be harmful? Who could Lynch sue then? The workers?

For more up to date info, visit Jane Genova’s Law and More

Jeff Macke recommended eBay (EBAY). Open $37.81

Guy Adami said he wanted own the Short Dow30 ETF (DOG). Open $59.31

Karen Finerman still wanted to hang on to American Standard (ASD). Open $34.83

Pete Najarian liked Rambus (RMBS). Open $17.92

FRIDAY’S RESULTS

Jeff Macke recommended shorting General Motors (GM). Open $33.29 CLOSE $34.22 Gain $.93

Guy Adami said buy the Short Dow30 ETF (DOG). Open $59.46 CLOSE $59.31 Loss $.15

Karen Finerman said buy ConocoPhillips (COP). Open $85.11 CLOSE $85.27 Gain $.16

Pete Najarian liked Sun Microsystems (JAVA) Open $5.80 CLOSE $5.73 Loss $.07

Since my tracking began on 6/21 (1-1 means one up pick and one down pick and no results from my vacation weeks)

Guy Adami= 22-16 Gain $39.86
Eric Bolling= 10-11 Loss $14.01
John Najarian= 13-3 Gain $15.54
Jeff Macke= 27-20 Gain $8.71
Pete Najarian= 15-14 Gain $22.39
Tim Seymore= 3-2 Loss $.49
Karen Finerman= 9-3 Gain $4.69
Stacey Briere-Gilbert= 2-0 Gain $1.61

The following is courtesy of Jane Genova’s Law and More, the leading Lead Paint Litigation blog in existence.

Companies effected Sherwin Williams (SHW), DuPont (DD) and NL Industries (NL)

These are excerpts from Lexis Nexis Mealey’s Litigation Report, Volume 16, Issue #11, September 2007. Documents associated with the legal matters discussed are available from Mealey’s or by contacting James Cordrey, Editor, Lexis Nexis Legal News, James.cordrey@lexisnexis.com, 610-205-1125.

DISTRICT OF COLUMBIA ATTORNEY GENERAL SUES LANDLORDS

On August 16, Linda Singer, Attorney General for the District of Columbia, filed the last of 12 lawsuits in D.C. Superior Court against landlords for failure to abate lead-based paint hazards. These sought injunctive relief. Those health hazards had been discovered during Health Department inspections.

Enforcing laws against landlords has been what the former lead paint industry has been advocating for about two decades. Most states and cities already have those laws on the books. However, they are frequently not enforced. It could be effective for tort reformers to create a formal study of what factors mitigate against enforcement.

SANTA CLARA COUNTY, CALIFORNIA CONTINGENCY ARGUMENTS CONTINUE

Santa Clara County, which is appealing Judge Jack Komar’s April 4th ruling against the use of contingency in public nuisance litigation, argues that federal law doesn’t mandate that government attorneys be absolutely neutral, even in criminal matters. It goes further in contending that attorneys participating in public nuisance should be held to the same standard as a criminal prosecutor. According to California law, it claims, criminal prosecutors are not recused, absent showing actual bias which could deprive defendant of a fair trial.

In addition, the county on August 14 filed an opposition to defendant ARCO’s request for judicial notice. The county contends that ARCO failed to follow rules of procedure in doing so.

Meanwhile, amicus curiae briefs are being filed by organizations supporting Judge Komar’s ruling. Those organizations include the U.S. Chamber of Commerce, the American Tort Reform Association and, most recently, the American Chemistry Council. Essentially the amici argue that contingency arrangements with government entities are “suspect,” unconstitutional and violate legal ethics. In addition, those arrangements often cause conflicts of interest, excessive fees and a “revolving door” which reduces the public’s faith in government.

Since California is a trend-setting state which has an activist attorney general Jerry Brown this contingency battle is being closely watched. If the plaintiff wins its appeal then the door is opened for other public nuisance litigation, such as global warming, to move forward on a contingency basis.

OHIO SUPREME COURT AMENDS AUGUST 1 RULING ON “117,” ALLOWING FILING OF REFERENDUM AGAINST EXTENSION OF PUBLIC NUISANCE TO LEAD-PAINT LITIGATION

A divided Ohio Supreme Court allowed opponents of “117” to try to obtain enough signatures on a petition to put the matter to the voters in 2008 as a referendum. The deadline for those signatures in October 30th. If voters eventually say no to this tort-reform measure, then the former lead-paint industry can be sued by the state for causing a public nuisance. This could again give momentum to such suits in other states and cities. The “117” opponents are positioning their campaign as one for consumer rights.

CITY OF MILWAUKEE PRESENTS ORAL ARGUMENTS FOR CHANGE OF DEFENSE VERDICT OR NEW TRIAL

On September 6th, the plaintiff City of Milwaukee gave oral arguments that the defense verdict should be changed or a new trial granted. One primary argument focused on jury instructions. Defendant NL Industries (NL), of course, argued against this, contending that the court properly instructed the jury that Milawukee was required to prove that its conduct was intentional and unreasonable.

A decision is anticipated by the end of September. If the judge does not grant the city’s request, sources say an appeal is certain.

This litigation, though, is small doings compared to the upcoming “Thomas” trial which can set traditional liability concepts on their ear. All business, not only the former lead paint industry, is watching how this plays out. Opening arguments start October 4. A combination of Wisconsin Supreme Court rulings and Governor Doyle’s veto of tort reform had made this state as potentially a hot zone for anti-business litigation as California. Some contend “Thomas” could be more significant in its implications for business as well as the lead paint industry than has been the infamous Rhode Island Lead Paint Trial II.

Other items from Mealey’s Lead Litigation Report will be discussed in later posts on this blog. I wish to thank James Cordrey, Editor of LexisNexis Legal News, for this information. He can be reached at James.Cordrey@lexisnexus.com or 610-205-1125.

– Adam Warner is rapidly creating the number one “Best of The Blogsphere” column out there with his “Doing it Bloggystyle” aggregation at Minyanville.com . I read it every time he publishes and recommend you do too. He also has his own blog here.

– Jim Kingsland has a great article here

– Slavery’s effect on Africa

– Eric Chesire has a great take on McDonald’s with links to some very informative sites, great job Eric

“There is only one reason insiders buy shares, they think the price is going up..” Peter Lynch

Novogen (NVGN)= $3,377,000

AnnTaylor Stores (ANN)= $1,081,000

Brookfield Homes (BHS)= $985,000

Global Cash Access Holdings (GCA)= $922,000

Dominion Resources (D)= $850,000

“Today’s announcement is one of many more to come”. Andrew Liveris

Here are the key traits from Smartrax:

Durability.
-Combining multiple genes in a single package helps ensure sustainable insect protection and weed control year after year:
-Combined modes of action for insect protection guard against the development of insect resistance
-Combined herbicide tolerant traits that offer multiple modes of action for weed control

Performance.
-The complementary nature of the trait platforms converge to offer superior, season-long performance to farmers, notably:
-Enhanced control of a broader spectrum of above-and below-ground insects
-Most comprehensive protection against established and emerging secondary pests
-The industry’s best weed control system

US Corn Market Goal

Dow (DOW) looks to become the #3 US corn player with this deal. Currently they have 1% of the US market and Monsanto (MON) has 25% currently. DuPont’s (DD) Pioneer is #2 with 10%. For Dow to become #3, this would take their market share from the current 1% to well over 5% of the US market (minimum 4.5 million acres of corn planting based on 2007 planting figures). Liveris did say he “has no doubt” Dow Agro has the ability to “be better than #3”.

Dow did say they “are disproportionally strong in our technology vs our market share in the seed business.” They expect this agreement with change that. Dow said “this will be the ultimate technology in corn.”

Dow sees no competitors coming to market with anything similar before them.

Liveris was asked about Q3 earnings for the company as a whole and did touch on it. His answer was rather “cautiously optimistic” as he said. He did say that US energy policy is hurting the US competitive position in the world. There is enough natural gas off the US shore to power the US economy for 100 years yet current policies prohibits it’s extraction.

Wonder why jobs are going overseas?

A full PDF. of the presentation is available here