04/12/2012 (6:59 pm)

Shell says Gulf oil slick is not from its wells

Filed under: Uncategorized, business |

Royal Dutch Shell says it is confident a 10-mile oil sheen spotted in the Gulf of Mexico off the Louisiana coast didn’t originate from its operations in the area.

In a statement Thursday, the company says it found no sign of leaks and ruled out any well-control issues associated with its operations. The sheen was spotted late Wednesday.

A Coast Guard helicopter with a pollution officer on board was heading out Thursday morning to the site, about 130 miles southeast of New Orleans, in an effort to determine the source of the oil.

Shell estimates the sheen at six barrels of oil, or about 252 gallons. The company sent a response ship to skim the area as a precaution.

The company has two production platforms in the area, called Mars and Ursa.

Shares in Royal Dutch Shell PLC fell in European trading early Thursday after the sheen was reported. After New York trading opened, Shell’s U.S. shares were up 32 cents at $68.07.

Early reports could not determine whether oil was continuing to flow at the site near the Shell platforms.

The Mars and Ursa fields are producing oil and natural gas from huge tension-leg production platforms. The Mars platform is in 2,900 feet of water while Ursa is in 4,000 feet of water.

Shell operates six major offshore facilities, 13 crewed platforms and numerous subsea systems in the Gulf.

The sheen was reported in an area about 50 miles from the site of BP’s Macondo well, which blew out in April 2010 and created the nation’s worst offshore oil disaster. The now-plugged Macondo well is in about 5,000 feet of water.

Sheens spread quickly as oil breaks down and a small amount can cover a large area. Earlier this week, a tanker in the Mississippi River south of New Orleans spilled an estimated 50 gallons of oil. The sheen from the discharge extended almost 30 miles downriver.

Other possible sources, aside from oilfield equipment, could include natural seepage from the Gulf bottom and fuel discharged by passing ships headed into or out of the Mississippi River.

Source

04/11/2012 (6:04 am)

Obama sees biggest divide since Johnson-Goldwater

Filed under: economics, usa |

President Barack Obama said Tuesday the choice facing voters this November will be as stark as in the milestone 1964 contest between Lyndon Johnson and Barry Goldwater _ one that ended up with one of the biggest Democratic landslides in history.

The president made his comments during a fundraising blitz in Florida, and right before his general election foe was essentially decided. Republican Rick Santorum dropped out of the presidential contest, making it clear that Obama would face off against Mitt Romney, the former Massachusetts governor.

Obama used a daylong trip to Florida to call again for Congress to raise taxes on millionaires, a populist pitch on an issue that he hopes will help define the differences with nominee-to-be Romney.

“This election will probably have the biggest contrast that we’ve seen maybe since the Johnson-Goldwater election, maybe before that,” Obama told donors at the first of three campaign events in this battleground state. The events were expected to raise at least $1.7 million.

In his 1964 race against Goldwater, Johnson carried 44 of 50 states and won 61 percent of the popular vote, the largest share of any candidate since 1820.

Running on a record that included the Great Society, Johnson portrayed Goldwater as a dangerous extremist. He was aided by Goldwater’s GOP convention speech, in which the candidate proclaimed, “Extremism in the defense of liberty is no vice.”

Republicans said Obama’s tax proposal was aimed at dividing Americans along class lines and gave him an excuse to raise more money for his re-election campaign.

“He can’t run on his record so he is coming down here to raise money using taxpayers’ funds to do so,” said Rep cash advance loans. Mario Diaz-Balart, R-Fla.

In a reception at a gated community in Palm Beach Gardens, Obama said Democrats would ensure the rich pay their fair share, while focusing on investments in education, science and research and caring for the most vulnerable.

By contrast, he said, Republicans would dismantle education and clean energy programs so they can give still more tax breaks to the rich.

Obama did not mention Romney by name, but the economic fairness message was the theme of his day _ and aimed squarely at the wealthy former Massachusetts governor.

Obama later outlined his support for the so-called Buffett rule at a speech at Florida Atlantic University in Boca Raton, Fla., arguing that wealthy investors should not pay taxes at a lower rate than middle-class wage earners.

The push for the Buffett rule, named after billionaire investor Warren Buffett, comes ahead of a Senate vote next week and as millions of Americans prepare to file their income tax returns. The plan has little chance of passing Congress, but Senate Democrats say the issue underscores the need for economic fairness.

Obama was capping his day at a large rally-style event in Hollywood, Fla., that was to include a musical performance by singer John Legend, and a fundraising dinner in nearby Golden Beach, Fla.

Source

03/26/2012 (12:36 am)

BATS founder says exchange should renew IPO in 2Q

Filed under: marketing, term |

The founder of BATS Global Markets says the U.S. exchange that withdrew its public offering on Friday after an embarrassing computer glitch should pursue a “credible” IPO plan in the second quarter.

Dave Cummings, who founded the BATS exchange and was its CEO till 2007, said in an email sent Sunday to people in the industry that it was a “freak one-time event,” because the computer program needed for an IPO was new. He said such bugs can easily be fixed, but recommended that all bonus plans at BATS should be suspended since “mistakes cost money.”

A BATS’ spokesman said Cummings’ opinions are his own and the company has “absolutely no comment” on the email.

Cummings sits on the board of BATS and is the owner of electronic trading firm Tradebot Systems and technology investment firm Tradebot Ventures. He also owns a stake in BATS.

On Thursday BATS’ initial public offering of its own stock priced at $16, the low end of what the company had originally predicted.

Shortly after starting to trade on Friday, the share price plunged to just pennies because of technical issues, according to the exchange. Trading in the stock was halted cash till payday. By late afternoon, BATS withdrew its public offering and said it had no plans to refile its IPO. All trades made were to be canceled.

The botched IPO was a blow not only to the exchange, but to its own plans for the IPO business. In February, BATS offered free listings to companies with shares that traded a certain amount each day, hoping to draw IPOs away from Nasdaq and the NYSE.

BATS, whose motto is “Making Markets Better,” strove to define itself as a tech-savvy exchange and said companies would benefit from its “world-class customer support and technology.”

Cummings said in his email that the software bug that led to the glitch would likely take less than a week to fix. He said that the company now needed a plan to move forward.

“BATS management should develop a plan to go public in the second quarter, if possible,” said Cummings. “This might seem tough, but I believe it is the only way to move past the issue.”

Source

03/22/2012 (7:43 pm)

Home beer brewers seek changes to alcohol laws

Filed under: lenders, technology |

About the only thing Kevin Flynn enjoys more than drinking his home-brewed beer is sharing it with fellow beer club members at festivals and tasting competitions. So Flynn and his buddies were shocked to discover that Wisconsin law prohibits sharing homemade suds anywhere outside the brewer’s home.

The law could “pretty much be the end of competitions in Wisconsin,” he lamented. “At least legal ones.”

An explosion of interest in home brewing is forcing lawmakers across the country to review long-forgotten alcohol laws, some of which date back to Prohibition. Although the old rules have rarely been enforced, beer enthusiasts fear they could criminalize the rapidly growing hobby and kill scores of annual tasting events that bring tourists to small towns and cities.

In Wisconsin, Flynn and other home brewers may soon be off the hook. The state Legislature last week passed a bill to allow them to transport homemade beer and wine and to share it with other adults. Brewers will still not be permitted to sell anything they make, and they will remain exempt from permit requirements and taxes.

The proposal now heads to Gov. Scott Walker, who plans to sign it into law.

At least 17 states have ambiguous laws on whether home brewers can transport beer or wine outside the home, according to the American Homebrewers Association in Boulder, Colo.

The patchwork of rules can be frustrating for hobbyists who would prefer to spend their time exchanging recipes for pale ale or rhapsodizing about different varieties of hops, barley and yeast.

Some states _ including Georgia and South Carolina _ have restrictions similar to Wisconsin’s. In Kansas and Minnesota, home brewers can only make beverages for themselves or family members. Other states permit homemade beer and wine to be consumed by guests, too, as in Arizona, Hawaii, Idaho and Illinois.

A few states have been slow to accommodate the trend. Utah just legalized home brewing in 2009, and Oklahoma followed in 2010. Mississippi and Alabama are the only states that still forbid it.

Dan Grady of the Wisconsin Homebrewers Alliance, who led the legislative effort to revise Wisconsin’s law, said beer-makers need to be watchful in case states try to use the issue to generate money for their tight budgets.

“States are under enormous pressure. It’s a revenue issue,” he said. “Everything is on the table these days.”

Gary Glass, director of the home brewers association, said it’s a balancing act when considering whether to pursue a change in the law.

“The question becomes, at what point does a home brewing community want to take on having the law changed if it’s not really having an impact to what they’re doing?”

Glass, who organizes the group’s popular national conference, said he’s had trouble securing a venue in states with vague home brewing laws payday loans for self employed. The conference, which changes its location annually, brings in $500,000 to local economies.

A grassroots reform effort succeeded last year in Oregon, where the law had been similar to Wisconsin’s. Glass, who helped draft Wisconsin’s bill, said the legislation’s demise would have set a bad precedent for home brewing.

“In this economy, you’re stifling an industry that’s growing,” he said. “It sounds like a bad move.”

More than ever, people with little or no experience brewing beer or other fermented beverages are investing in kits and ingredients to make their own. The hobby has expanded into a vibrant beer culture, with brewers freely sharing their concoctions among neighbors and friends and in clubs and competitions.

Last year, there were 411 beer competitions sanctioned by the home brewers association and the Beer Judge Certification Program. That’s up from fewer than 100 in the early 1990s.

“Back in the day, everybody thought home brewing would just be what your grandfather would do,” said Jason Heindel, president of the Beer Barons of Milwaukee Cooperative.

Home brewing has also helped invigorate the booming craft brewing industry. And it’s generated a cottage industry of its own. An annual survey of brewing supply shops around the country showed an increase in sales for beginner brewing kits, according to the home brewing association.

Home brewing was illegal in the United States until 1978, when the federal government lifted Prohibition-era restrictions on making alcohol in the home. The revised law allowed homemade beer and wine to be offered at tasting competitions but also left most alcohol regulations up to individual states. So many states have their own home-brewing rules that supersede federal policies.

In Wisconsin last year, brewers were caught off guard when the state Department of Revenue ruled that it was illegal for home brewers to share beer outside the home. The decision came after Racine officials inquired about a contest known as the Schooner Home Brew Competition.

After the department’s announcement, organizers quietly moved the contest, one of the state’s largest, from Racine to nearby Union Grove. But they didn’t advertise it because they feared possible fines.

Grady said home brewers in other states can learn from Wisconsin.

“Home brewers need to look at their state law, because they might be just as ambiguous as Wisconsin,” he said. “And if there’s ambiguity, they need to contact their lawmakers to get them clarified, much like we’re doing here.”

Source

03/19/2012 (1:51 pm)

Apple shares top $600

Filed under: Uncategorized, market |

Shares of Apple reached $600 for the first time on Thursday, setting yet another milestone for the stock market’s most valuable company.

The stock hit $600.01 moments after the market’s open before quickly falling back below that level. Shares closed down 1% at $585.56.

Apple’s (, Fortune 500) stock price growth has risen for the past three years, boosted in particular by record sales of the iPhone and iPad. The much-hyped third-generation iPad is set to go on sale Friday.

It was almost exactly one month ago that Apple cracked the $500 level for the first time. Apple passed the $400 level for the first time seven months earlier, and it’s been just 17 months since it passed $300. Shares traded above $200 for the first time in October 2009.

At $600, the combined value of Apple’s outstanding shares is more than $559 billion, the third-highest valuation ever for a public company. It now only trails General Electric (, Fortune 500) and Microsoft (, Fortune 500), which both soared to around $600 billion during the dot-com bubble at the turn of the century.

Apple’s valuation is huge, but analysts say that the fundamentals back it up.

Despite its monumental rise, Apple’s stock is still trading at just 14 times its expected earnings per share for 2012. That’s relatively cheap, considering that the tech-heavy Nasdaq 100 trades at about 18 times future earnings.

Apple had $127.8 billion in sales during the 2011 calendar year, putting it neck-and-neck with Hewlett-Packard (, Fortune 500), the nation’s largest tech company by revenue. This year, Apple is on pace to become the biggest technology company in the world, measured by revenue, outpacing current global No. 1 Samsung.

Last quarter, Apple posted $13 billion in profit. It was one of the most profitable quarters ever for any U.S. company, trailing only ExxonMobil’s (, Fortune 500) record-setting $14.8 billion quarter from the fall of 2008, when oil prices were at an all-time high.

Analysts attribute the stock’s recent rise primarily to Apple’s outstanding iPhone sales. Apple sold 37 million of the devices last quarter, and early indications are that the phones are continuing to sell well this quarter across the globe.

Investors are also investors buying into the belief that Apple will soon have a dividend. The company has nearly $100 billion in cash sitting around, and CEO Tim Cook has hinted that he’s willing to part with some of it.

"Some of money that got put to work starting late last year was from investors that want dividend," said Alex Gauna, tech analyst at JMP Securities. "That’s how this whole thing got started. But lately it’s been all about the iPhone." 

Source

03/17/2012 (8:59 pm)

Offshore oil a ‘game-changer’ for Falkland Islands

Filed under: finance, management |

Falkland Islanders are so accustomed to making do with what they’ve got that many still heat their homes with peat stoves, grow their own vegetables, repair their Land Rovers themselves and raise chickens for their soft-boiled eggs.

But now they’ve struck oil offshore _ potentially vast stores of it. Billions of dollars in taxes and royalties could soon flow their way, creating an entirely unfamiliar challenge: the prospect of sudden and tremendous wealth.

If the first strike alone can attract the major investment needed to start producing crude, this closely knit community of 3,000 people mostly descended from sheep farmers, soldiers and sailors could find themselves richer than sheiks.

They’ll rival the bankers of Liechtenstein and Lamborghini drivers of Qatar as the wealthiest people in the world.

Far from celebrating the millions of dollars that oil exploration is already pumping into their treasury, however, most islanders seem far more concerned about the troubles that rapid change might bring.

They like their way of life just like it is: tranquil, surrounded by nature and nearly crime-free.

“The important word here is ‘potential’ _ bolded and underlined several times. I’m potentially a lottery winner,” said Stephen Luxton, the government’s mineral resources director. “Don’t get me wrong: everybody’s excited about it, but we’re not going to spend money we don’t have.”

The reluctance comes from experience. Daunting political, technical, financial and environmental questions have kept the oil from flowing for years.

For one thing, Argentina still claims the “Islas Malvinas” despite nearly 180 years of British control and a failed occupation 30 years ago. President Cristina Fernandez is trying to use diplomatic and economic power to force Britain into sovereignty talks ahead of the April 2 anniversary of the 1982 invasion. Her Foreign Minister Hector Timerman said Thursday that Argentina will pursue “administrative, civil and criminal” penalties against the islands’ “illegal” oil industry.

With neighbors like these, islanders hope Big Oil money will enable them to fund their own defense and gain leverage in global trade.

“Oil means security for us. If we go back to being sheep farmers again, would the U.K.government stick up for us as much? I’d like to think so, but maybe not,” said Dan Fowler, a biologist born during the 1982 Argentine occupation.

Most islanders were tenant farmers who struggled to make a living on wool during their first 150 years as Britain’s colonial subjects.

But now they are a self-governing British Overseas Territory, deciding for themselves how to tax and spend. And they will surpass Arab oil barons in per-capita wealth if they get even a fraction of the $10.5 billion in taxes and royalties some industry analysts predict will flow from the Sea Lion field, discovered north of the islands last year by Rockhopper Exploration PLC.

While Rockhopper seeks a $2 billion partner to move toward producing the crude, Borders & Southern Petroleum and Falkland Oil and Gas Ltd. are drilling two exploratory wells each this year in much deeper water south of the islands.

It’s high-risk, high-reward, costing them $1.3 million a day with less than a 25 percent chance of success. But a big strike could prompt a rush to join what might be one of the world’s last new sources of fossil fuels in an era of peak oil.

The southern basin could hold ten times more than the Sea Lion field’s estimated 450 million barrels, with a potential payoff soaring above $100 billion, according to Edison Investment Research, a London-based financial analysis firm that published an optimistic “Falkland oils” report last month.

“It’s a game-changer for the Falklands,” said John Foster, a British board member of the Falkland Islands Company, the islands’ largest private employer and a minority shareholder in Falkland Oil and Gas.

The money could go a long way in the rocky, wind-swept islands, where just a few gravel roads connect remote settlements to Stanley, the only town.

They need a permanent port for bigger oil, fisheries and cruise ships, and hotels and paved roads so visitors can stay long enough to see historic sites and wildlife. Expanded drilling will require a dedicated fresh water system, and economic growth will require more windmills for the wind energy that already provides a third of the islands’ electricity.

Creature comforts might attract ambitious newcomers, creating a more sustainable and diverse economy. A bigger hospital could mean less travel to Chile or London for advanced care. More restaurants and a movie theater in Stanley would be welcome, and people naturally would like more money in their pockets.

But any windfalls will go straight into a sovereign wealth fund, islanders say. They don’t plan to pay themselves dividends, and joke that no one should expect their ubiquitous Land Rovers to become gold-plated.

“It’s not ‘way-hay, party-time!’ We’re certainly thinking about the future,” said Gavin Short, one of eight legislators. “We’re not going to turn into a society where we all sit at home with our seven maids and gardener and watch the telly. We’re all brought up to work.”

Veterinarian Zoe Luxton, a distant cousin of Stephen’s, has more fundamental concerns.

“Can this place survive it?” she asked. “Everything we’re saying we’re here for _ not locking your doors, the freedom, the tranquility _ can it survive so much money?”

The islanders are hiring experts to negotiate with major oil companies and plan for change, and examining how other small islands handled sudden wealth. Looking north of Scotland, they believe the Shetlands used oil royalties wisely to fund a vibrant economy, but that the Faroe Islands allowed oil to take over.

No one wants another Nauru, the Pacific “phosphate island” whose sudden mining wealth tripled the population, briefly making them the world’s richest per-capita, but destroyed their way of life. Nauru’s money disappeared through swindles and bad investments as the ground beneath them was shipped away. In less than a generation, the phosphate was gone, they had forgotten how to fish, and had to take in Australian inmates for income.

“They’re broke, they’ve had it,” Short said. “We’ve got only one shot at this and we’ve got to get it right. So we’ll go out and hire the best expertise money can buy.”

To attract investors, the Falklands promise some of the world’s lowest royalties _ 9 percent of the oil’s value sold as crude, combining with taxes for a one-third take. Taxes and royalties top 40 percent in the U.S. Gulf of Mexico, 50 percent in Brazil, 70 percent in Norway and 80 percent in Malaysia, according to the Edison report.

Any royalties would still add up to far more than the current revenues of $40 million, mostly from fishing and oil industry fees.

Engineering and environmental challenges still abound in the frigid and stormy southern seas. The petroleum found so far is waxy when cold, so must be heated while shipped. Any major spill where penguins, whales, seals and other birds and marine mammals are drawn to unspoiled coasts could make Falklands oil a bad bet.

“The political fallout from any environmental damage would be toxic,” Edison’s otherwise bullish report noted.

Falkland Islands Company chairman David Huff, another British investor, said “you can’t eliminate risk, it’s a part of life.”

But islanders have mixed feelings.

“You’ve got to be worried about it, haven’t you? A couple of missing safety checks and human errors and you’ve got a major blowout for days,” said Fowler, who hopes to make a career of studying wildlife in the islands. “On the other hand, where there is oil, there is more money to invest in environmental conservation.”

Source

03/16/2012 (7:56 am)

Ousted Bo

Filed under: Loans, uk |

Bo Xilai, whose policies lured billions of dollars in foreign investment and thousands of jobs to China

03/13/2012 (12:12 am)

Markets shrug off completion of Greek debt deal

Filed under: Australia, economics |

Greece edged closer to fending off bankruptcy Monday, but U.S. markets were mostly underwhelmed.

Stocks struggled for direction after Greece announced it had persuaded its private investors to take deep losses on their bond holdings, which should help Greece avoid default in the short term but could also crimp the country’s ability to borrow money in the future.

The Dow Jones industrial average stayed above its previous close for most of the day, and was up 45 points to 12,967 in the early afternoon. The Standard & Poor’s 500 and the Nasdaq composite index, on the other hand, spent most of the day lower. Trading was even choppier in the early afternoon, with the S&P virtually unchanged at 1,371 and the Nasdaq down 4 points to 2,984.

“The market is going to continue to feel very schizophrenic,” said Carol Pepper, CEO of founder of Pepper International, a money management firm in New York. “Some days it’s depressed, some days it’s excited, some days it’s terrified.”

Monday’s news out of Europe appeared to only add to the fogginess of predictions on where the market is heading. Greece’s new deal with its investors should help the country avoid bankruptcy later this month by lightening its crushing debt load. But the country remains in a serious recession even as the country moves toward making spending cuts being demanded by its lenders.

Jeff Sica, president and chief investment officer of SICA Wealth Management in Morristown, N.J., said Greece is only a distraction from other deep-rooted problems throughout Europe, including brewing debt burdens in Portugal and Italy. Presidential elections in France add another layer of uncertainty because a new leader could backpedal on fiscal commitments made by President Nicolas Sarkozy.

The struggling European countries also can’t cut spending, which they’ll likely need to do to avoid bankruptcy, without angering their citizens. On Sunday, hundreds of thousands of people in Spain took to the streets in dozens of cities to protest cuts in government spending.

Greece has “become a touchstone for people to say, `Okay, things are getting better,’” Sica said. “But they had to force private investors to take losses, the European Central Bank has swelled their balance sheet, it’s going to be impossible to impose austerity on these countries. They haven’t really accomplished a single thing except buying time.”

News about the U.S. economy has also been opaque, with every sign of economic recovery met with another sign of economic slowdown. While the unemployment rate falls, some analysts raise questions about the quality of the new jobs being created, and others worry that the high price of gas will prevent people from the spending needed to fuel the economy. The average price for a gallon of gasoline jumped nearly a nickel over the weekend, to $3.80. China, the superpower that has pushed the world economy forward even as other countries flagged since 2008, announced that its growth slowed at the end of last year.

The knee-jerk nature of the market has been on display in the past two weeks. The Dow powered higher on positive news headlines when it closed over 13,000 on Feb. 28, a milestone it hadn’t reached since May 2008. But it’s failed to close above that line again. On one day last week, it plummeted more than 200 points over concerns about Greece, more than double its second-biggest loss so far this year.

“Everybody is stepping back and assessing whether the ride is over,” Sica said. “It’s almost as if investors get to a point where they scratch their head and say, `Does the market deserve to be here?’”

The 10 industry groups in the S&P 500 also failed to provide a clear direction, evenly split between gainers and losers in the afternoon. Utilities, which tend to attract nervous investors because of their relatively stability and generous dividends, rose the most. Markets in Europe were also divided. Germany did better than others, rising 0.3 percent. Greece fell 2.5 percent.

Companies making big moves included:

_ Defibrillator maker Zoll Medical Corp. jumped 24 percent to $92.76 after its board agreed to a buyout offer of $93 per share from Japan’s Asahi Kasei Corp.

_ Mattress maker Sealy Corp. climbed 6 percent after its second-largest shareholder, an investment firm called H Partners Management, asked the company to shuffle its board and blamed the company’s problems on the largest shareholder, private equity firm KKR & Co.

_Harley-Davidson Inc. climbed 2.5 percent after Citigroup analyst Greg Badishkanian raised his price target on the stock $4 to $50, saying he expects higher sales in the first quarter.

_Luxury retailer Michael Kors fell 4 percent to $47.75. The company, purveyor of $950 high heels, announced late Friday that some of its major shareholders would be selling their shares earlier than expected.

Source

03/11/2012 (10:12 am)

Goldman takes new hit in judge’s shareholder ruling

Filed under: money, mortgage |

Right after a Delaware state judge issued his ruling last week in a shareholder lawsuit contesting Kinder Morgan Inc.’s purchase of El Paso Corp., the public finger-wagging aimed at Goldman Sachs Group Inc. began.

Goldman, some pundits wrote, had emerged as the biggest loser of the bunch. The bank’s conflicts of interest in advising El Paso on the deal had been castigated by an esteemed jurist as breathtakingly over the top. Once again, Goldman had sullied its precious reputation. And so on, critics said.

While it’s always fun to fantasize about Goldman losing at anything, one gnawing question stands out: What exactly did the company lose? The answer is nothing, as far as I can tell. Actually, it won big.

Consider these facts: El Paso’s board knew that Goldman owned a 19 percent stake in Kinder Morgan worth about $4 billion when the companies’ buyout talks began last year. The directors knew Goldman controlled two seats on Kinder Morgan’s board. They were aware that Goldman had every incentive to maximize its own investment and fleece El Paso’s shareholders. Yet they turned to Goldman anyway for advice on responding to Kinder Morgan’s takeover overtures.

El Paso probably could have gotten a better price from Kinder Morgan had its representatives, including Goldman, been more faithful and less conflicted, Delaware Chancery Court Judge Leo Strine said. The difficult question he faced was whether to do anything about it. He decided he shouldn’t, concluding that any remedy he tried to fashion would do more harm than good.

DONE DEAL

He didn’t block the proposed $21.1 billion transaction between the two Houston-based pipeline operators. The sale will go through. Goldman, the world’s top-ranked takeover adviser based on deals announced last year, still gets its $20 million fee from El Paso. In all likelihood, nothing about this episode will stop anyone else from hiring Goldman in the future. Plus, Strine said it’s doubtful Goldman could be held liable for any damages, based on the facts known so far.

Maybe Goldman’s reputation did take a hit. Yet after so many scandals the past few years, including the company’s $550 million fraud-claim settlement with the Securities and Exchange Commission in 2010, you have to wonder if this new one matters.

Nobody was fooled last year when Goldman’s chairman and chief executive officer, Lloyd Blankfein, made a spectacle of unveiling a new set of fluffy business principles pledging to put clients’ interests first. It’s not the principle that counts in this business. It’s the money. And on this occasion, Goldman got a sweet deal.

Nothing was left to chance, it seems. Steve Daniel, the lead Goldman banker advising El Paso, personally owned $340,000 of stock in Kinder Morgan. This point wasn’t disclosed to El Paso, although it’s hard to imagine its directors would have cared much. They already knew he was horribly conflicted, because of his employer’s $4 billion stake in Kinder Morgan. What would their complaint have been? That he was really, really conflicted?

Not surprisingly, Goldman’s analyses of El Paso’s options pointed toward accepting Kinder Morgan’s offer. Goldman supposedly set up a “Chinese wall” to keep its bankers conflict-free. And a second bank, Morgan Stanley, was brought in to advise El Paso. The judge said the wall wasn’t effective, though. (As if these things ever are.) Goldman made sure the terms were set so that Morgan Stanley got paid only if Kinder Morgan bought the company, Strine wrote.

A deal benefiting Kinder Morgan may have been what some of El Paso’s bosses wanted. As Strine explained, El Paso’s CEO and chairman, Douglas Foshee, didn’t tell his board that he and other El Paso managers wanted to buy back El Paso’s energy exploration-and-production business from Kinder Morgan for themselves, after the deal was negotiated.

WARPED INCENTIVES

Foshee’s incentive was to limit the sale price that El Paso got, not maximize it. “Not forcing Kinder Morgan to pay the highest price possible for El Paso was more optimal than exhausting its wallet, because that would tend to cause Kinder Morgan to demand a higher price for the E&P assets,” Strine wrote. The board had given Foshee sole responsibility for negotiating the company’s sale from the outset. As for Kinder Morgan, it drove a hard bargain, as it was entitled to do.

So what did Goldman do wrong? Its bankers seem to have behaved like sharks. Guess what? Investment bankers are sharks. Goldman’s reputation was reinforced, not damaged.

If El Paso’s shareholders dislike the deal, they can vote against it. The vast majority won’t. There is no competing bidder, because El Paso’s board didn’t seek one. What El Paso shareholders lost was the possibility that another company might have offered a higher premium than Kinder Morgan did. There’s no way to know if anybody would have.

While the conflicts here may have been extreme, managers and buyout advisers at big companies pull similar escapades all the time, skimming corporate resources for themselves at the expense of passive shareholders. (Foshee stands to receive about $90 million once the sale is completed.) There usually isn’t much outsiders can do about it, which is something everyone should understand before they buy stock in a public company.

As for the notion that Goldman lost? Come on. It was paid $20 million for advising a client in a deal where Goldman itself was on the other side. What’s amazing is that El Paso let Goldman pull this off.

Source

03/08/2012 (3:28 am)

Investors lured back to stocks

Filed under: management, term |

U.S. stocks bounced back Wednesday, a day after the biggest one-day sell-off of 2012, as investors were heartened by the latest economic reports.

A labor market report signaling that private sector hiring is picking up steam helped bolster sentiment.

Gas prices also declined for the second day in a row, after a long streak of continuing increases. The pullback is helping to ease some concerns over what higher gas prices could mean for the American consumer.

The Dow Jones industrial average () added 80 points, or 0.7%. The S&P 500 () jumped 8 points, or 0.7%. The Nasdaq () jumped 26 points, or 0.8%, signaling a rebound from U.S. markets’ worst day of the year.

Still, the gains were modest as investors are largely waiting to see what the deal between Greece and its private-sector bondholders will look like. Greece and its private bondholders must officially agree to a crucial restructuring of the nation’s debt this week, in order for Greece to avoid defaulting on its debt.

"If something goes wrong with Greece’s deal, I can say with total certainty that the market will react negatively," said Dan Greenhaus, chief global strategist at BTIG. "Today investors are saying what’s the harm in waiting a day to see what’s going to happen."

Meanwhile, investors are also waiting for Friday’s release of the February jobs report to get a more detailed reading on the health of the U.S. economy.

Apple iPad event: Live blog

Separately, Apple unveiled details of the third version of its iPad at a presentation in San Francisco. Shares of Apple (, Fortune 500) are up 47% over the past year.

Stocks fell Tuesday as markets were under pressure from weak economic data out of Europe, and rising yields on euro-area government bonds — all three indexes suffered their worst day in 2012.

Economy: Hiring in the private sector picked up in February, according to a report released Wednesday by payroll processor ADP. The private sector added 216,000 jobs in the month, which was roughly in line with forecasts.

A report on consumer credit for January was released. It show that credit grew by $17.8 billion for the month, beating expectations of a $12 billion increase.

Commodities: Oil for April delivery added $1.46 to $106.16 a barrel.

Gas prices: If you can’t beat ‘em, join ‘em

Gas prices declined for the second day in a row, falling three-tenths of a cent to $3.76 a gallon, according to motorist group AAA. Gas prices are up 14.7% so far in 2012.

Gold futures for April delivery rose $14.00 to $1,686.10 an ounce.

The dollar was little changed against the euro and Japanese yen, but rose slightly versus the British pound.

Companies: Shares of online radio service Pandora () slumped more than 20%, after the company narrowly missed analyst expectations on quarterly earnings and revenue.

Netflix () shares dropped in late afternoon, after an earlier run up on reports that CEO Reed Hastings is seeking a partnership with a cable company, and has held meetings with several providers in recent days.

Sears CEO: Faring better than Sears

Children’s Place Retail Stores () shares dropped, after the company reported a miss on quarterly revenue. The company attributed the results to warmer-than-expected weather that forced sharp markdowns on winter apparel.

Bonds: The price on the benchmark 10-year U.S. Treasury slipped, pushing the yield up to 1.97% from 1.94% late Tuesday.

World markets: European stocks closed higher. Britain’s FTSE 100 () ticked up 0.6%, the DAX () in Germany added 0.7% and France’s CAC 40 () rose 0.6%.

Asian markets ended lower. The Shanghai Composite () dropped 0.7%, while the Hang Seng () in Hong Kong slipped 0.9% and Japan’s Nikkei () was off 0.7%. 

Source

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