May 9, 2024

Archives for December 2011

New Year’s Resolutions, Recycled, Are a Boon for Business

Or not.

Like many Americans who’ve made resolutions for 2012, I made these very same New Year’s promises about this time last year.

Which, it turns out, is great for business. Our collective failure to keep our resolutions represents an annuity of sorts for health clubs, weight-loss centers and other enterprises that make up what you might call the self-improvement industry. It’s an industry that thrives on our failure to change: recidivism is good for the bottom line.

Americans spend many tens of billions every year in the hope of keeping resolutions to lose weight, get fit, quit smoking, fix their finances, organize their closets — on and on. Last year, we spent $62 billion on health club memberships, weight-loss programs, exercise tapes, diet soda and the like, according to projections from Marketdata Enterprises, a market research firm.

We start with good intentions. Memberships for health clubs and weight-loss programs spike each January, says John LaRosa, the president of Marketdata. But by March, the lines thin at the treadmills and many dieters relapse. So the next year, we try — and pay up — again.

“If I try one quick fix and it doesn’t work, I may be more likely to try the next quick fix,” says Lisa Lahey, the co-founder of Minds at Work, a consulting firm in Cambridge, Mass., which coaches executives and educators in sustained behavior change.

Supposed easy remedies like celebrity diets hold a powerful allure, but they rarely work in the long term, she says. After all, it’s hard for people to shake the underlying conditions — like stress or anxiety — that cause unwanted habits. If exercise tapes, dietetic meals, nicotine lozenges and personal finance apps worked by themselves, we’d all be fit, thin, smoke-free and rich.

The hard work of changing a lifestyle isn’t as alluring as dropping 30 pounds in 30 days. But some stop-smoking and weight-loss programs, as well as gyms, are trying to help for the long haul, a strategy that can improve customers’ chances of success and, for companies like Weight Watchers International, build brand loyalty and revenue.

JANUARY is the most important month of the year in the health club industry. At many gyms, new memberships double. Given that about a third of all members tend to turn over every year, the resolution crowd is crucial.

“The resolutioners always pop up,” says Scott Hamann, an analyst at KeyBanc Capital Markets covering the fitness industry.

But you probably know what happens next. Only a fraction of members work out twice a week or more, despite all those monthly dues. Health clubs in the United States had more than 50 million members and revenue of $20.3 billion in 2010, according to the latest data from the International Health, Racquet and Sportsclub Association, an industry trade group. But clubs reported that members typically visit only 54 times, or slightly more than once a week.

People might want to do the math before joining a gym, says Stefano DellaVigna, an associate professor of economics at the University of California, Berkeley, and a co-author of a study titled “Paying Not to Go to The Gym.” From an economics standpoint, he says, many people would be better off paying per visit than signing up for a rolling monthly membership. People who seldom use their pay-by-the-month plans often don’t get around to canceling them, the study found.

“People overestimate their future attendance,” Professor DellaVigna says. “They are not getting their money’s worth.”

In any given month, one-fifth of a gym’s members are typically inactive, club executives say. These no-shows are great customers for the gyms.

“You don’t have any equipment depreciation,” says Sean Naughton, an analyst at Piper Jaffray. “You don’t have anybody who has to service them — other than charging their credit or debit card every month.”

Still, some health clubs are trying to have their customers visit the gym more regularly.

“Most of these businesses want to sign you up and hope you don’t show up,” says Scott M. Rosen, the chief operating officer of Equinox, the upscale fitness chain. At Equinox, he says, members not working out for two weeks automatically receive an e-mail from a club manager inviting them — nudging them, you might say — to come back. “We want you to be engaged and we want you to get results.”

Town Sports International, the company behind the Washington, Philadelphia, Boston and New York Sports Clubs, offers a 30-day trial membership for $30 — long enough for most newcomers to figure out whether they are ready to make workouts a regular habit, says Robert J. Giardina, the company’s chief executive. More than 100,000 people have tried the 30-day plan.

“Exercise isn’t easy. Most people don’t like it,” Mr. Giardina says. “But if they can get past a certain point — usually it’s about two months or 12 workouts — they get committed.”

Life Time Fitness, a family-oriented chain with more than 1.3 million members, tries to engage people by helping them find activities they enjoy so they’ll make them a habit. Its 100,000- to 200,000-square-foot clubs, mostly in suburban locations, offer fitness, basketball leagues, racquetball, swimming, yoga, tennis, Pilates as well as weight-loss programs and spa treatments.

“It’s about getting over the hump of making New Year’s resolutions,” says Jeff Zwiefel, the company’s executive vice president.

To reinforce its message, Life Time has “membership engagement advisers” who call new members at regular intervals during the year. In 2010, the company had revenue of $913 million.

THE idea that we can transform ourselves is deeply ingrained in American culture. Benjamin Franklin in his autobiography described a self-improvement plan that he devised for himself as a young man. It included virtues to which many of us still aspire: control stress (“Be not disturbed at trifles,” Franklin wrote); get organized (“Let all of your things have their places; let each part of your business have its time”); and show some temperance (“Eat not to dullness; drink not to elevation”).

But Franklin didn’t have to cope with home shopping channels and the local drive-through McDonald’s. Americans spent about $26 billion on diet soda, prepackaged diet dinners and artificial sweeteners in 2010, along with about $1.2 billion on diet books and exercise videos, and about $3.3 billion on commercial weight-loss programs, according to Marketdata estimates. Despite all that, people generally lose only modest amounts of weight and have difficulty keeping it off, says Kelly D. Brownell, the director of the Yale Rudd Center for Food Policy and Obesity; human biology and the current food environment, he says, are stacked against us.

Article source: http://feeds.nytimes.com/click.phdo?i=611df0a344b88c9269fa17fdaa9aaad6

The Texas Tribune: San Antonio Attracts Lots of Business in a Down Economy

In the last decade, companies have flocked to San Antonio, making it an economic center rivaling Houston and Dallas. With that business expansion has come energetic population growth: according to United States Census numbers, in the past 10 years, San Antonio has added more people within its city boundaries than any other major city in the state. It has all attracted demographers’ attention, at home and across the nation.

“San Antonio is sometimes seen as that sleepy southern city of Texas,” said Steve H. Murdock, a former director of the United States Census Bureau and Texas state demographer. “If you look at its growth, if you look at its changes in the last two decades, it is a city that may be changing more in nature than the other two larger cities.”

San Antonio recently topped the Milken Institute’s annual list of the best-performing cities, a ranking that measures American metropolitan areas based on their ability to create and sustain jobs. The city, which for the past five years has made it to No. 7 among the largest metropolitan areas in the country, has been “incredibly resilient” in the economic downturn, said Kevin Klowden, an economist with Milken, a California-based economic think tank.

Houston and Dallas, ranked fourth and ninth respectively among the top cities in the country, have seen their development gradually slow. And the jobs that those cities have added, Mr. Klowden said, have tended to be lower paying. By contrast, San Antonio has attracted high-wage jobs, capitalizing on its booming medical research industry.

“This is San Antonio’s finest moment,” said Henry Cisneros, the city’s former mayor and the secretary of housing and urban development in the Clinton administration.

Part of that is good fortune. The 2005 Base Realignment and Closure proposal, which consolidated military bases across the country, has greatly benefited San Antonio’s Air Force and Army bases. It has brought more than 10,000 jobs and $13 billion to the city’s economy, according to numbers from Joint Base San Antonio, which includes the country’s largest military battlefield health and trauma research hospital. That comes as the University of Texas Health Science Center to the north is rapidly growing, adding more than 225 new faculty members a year and deploying more than $230 million in annual research financing.

Mr. Cisneros, who is now the founding chairman of BioMedSA, a nonprofit organization of community and business leaders that promotes medical research in the city, said the current momentum in San Antonio has been a long time in the making — a result of “about 40 years of refining and honing economic cooperation.”

He said that in addition to its thriving medical research community, the city is poised to benefit from the South Texas Eagle Ford Shale energy boom, the relocation of Mexican professionals with significant capital to invest, increased tourism because of extensive civic improvements and a growing aerospace industry.

San Antonio aggressively courts the business of top companies. The city is home to the world headquarters of Valero Energy, Clear Channel Communications, USAA and H-E-B supermarkets.

In recent years the city has focused on luring biomedical firms.

InCube, a life sciences research lab, chose San Antonio over Houston and Dallas for its first expansion outside of Silicon Valley. It joins Medtronic, a medical technology company, as two of the latest bioscience firms to move to the city.

msmith@texastribune.org

Article source: http://feeds.nytimes.com/click.phdo?i=adac729178736afc7d4cf0144d2577cd

Fundamentally: Dividend-Paying Stocks May Save the Day for Investors

Even as the pace of economic growth in the United States fell to 1.7 percent in 2011 from 3 percent in 2010, profits among companies in the Standard Poor’s 500-stock index climbed by an estimated 15.8 percent. Revenue, meanwhile, surged by a surprisingly strong 10 percent.

Yet as investors usher in a new year, their faith in the profit outlook is starting to wane — and for good reason. Corporate earnings are projected to rise only around 4 percent through June, and 8 percent for the full year, according to estimates by S. P. Capital IQ. That’s down from earlier projections of 13 percent growth for 2012.

The recent adjustments to the predictions were to be expected, said Christine Short, senior manager at S. P. Capital IQ. “There’s a cloud of uncertainty engulfing Europe,” she said, “and analysts don’t know how to position their forecasts.”

There are other reasons to be concerned, said John Butters, senior earnings analyst at FactSet, a financial research firm. “When you look at 2012, the two sectors that are expected to drive growth are financials and technology,” he said.

Mr. Butters said the modest 2012 growth projection for the overall S. P. was dependent on financial sector earnings climbing by around 25 percent this year. Last year, banks, brokers and insurers collectively saw their profits rise just 6 percent. The forecast also depends on tech sector profits expanding by around 10 percent this year.

“The question is, do people have a lot of confidence that financial companies will perform so well?” he asked. As for technology, Mr. Butters pointed out that one tech leader, Oracle, recently reported worse-than-expected revenue growth, which could be a harbinger of the challenges faced by the broader tech sector as well as the general economy.

Technology revenue growth, for instance, is expected to slow to 7 percent this year from 12 percent in 2011. Similarly, sales growth for the entire S. P. 500 is expected to slow to around 4 percent in 2012, a sign that the global economic slowdown is starting to seep into corporate results. Global gross domestic product growth is expected to slip to 2.7 percent this year, from 3 percent in 2011, according to IHS Global Insight.

So if investors can’t rely on strong earnings growth or a rapidly expanding economy, what’s left to keep the bulls hopeful?

One possible answer may be dividend growth, market observers say.

“In an environment where economies around the world are slowing, growth is starting to get scarce,” said Thomas Huber, a portfolio manager at T. Rowe Price, “and interest rates are so low, it makes sense to focus on companies that can grow their dividends over time.”

Unlike corporate profits, which rebounded to record levels last year, overall dividends paid by domestic companies have yet to recover fully to the highs reached before the global financial crisis. Yet that could change early this year. S. P. 500 dividends are expected to grow by nearly 11 percent in 2012, said Howard Silverblatt, senior index analyst at Standard Poor’s. “The dividend story is good and should continue to be good,” he said.

Yes, there is always the possibility that companies could reverse course and cut their payouts to shareholders. “But if companies cut, forget dividends — that’s a sign that the economy is really shot,” he said.

MR. SILVERBLATT says one reason for continued strength in dividends is that companies are sitting on record amounts of cash. And “companies have been pounding their chests about the importance of dividends, yet the dividend payout ratio is a little under 30 percent,” he said, referring to the percentage of earnings that corporations are passing along to shareholders as dividends.

Historically, he said, the payout ratio has hovered around 50 percent for S. P. 500 companies.

Low interest rates are another reason that investors are likely to focus on dividend growth. Since 1962, the dividend yield of the S. P. 500 has averaged about 40 percent of the yield on 10-year Treasury notes. Today, however, the S. P. is paying more, dividend-wise, than 10-year Treasuries.

In such an environment, market strategists say, investors tend to lean toward dividend-paying stocks. And if corporate profit growth slows as expected, that interest will only grow.

Paul J. Lim is a senior editor at Money magazine. E-mail: fund@nytimes.com.

Article source: http://feeds.nytimes.com/click.phdo?i=ad755ac0df0a2304f5bc89154f8828ef

Economic View: From 6 Economists, 6 Ways to Face 2012 — Economic View

At least that’s what the dry statistics keep telling us. Industrial production, G.D.P. — the kind of figures that Washington and Wall Street sweat over — suggest that the economy is on the mend.

Yet if we go beyond the Beltway and the Battery, to where most of American life is lived, the numbers don’t always add up. Yes, the Great Recession officially ended in 2009. But many millions of Americans are out of work or cannot find full-time jobs. Home prices are wobbly. The foreclosure crisis drags on. And the Occupy movement’s campaign against “the 1 percent” has underscored the ravages of income inequality.

It was, as always, a year of ups and downs in business. Washington said the nation’s AAA rating was safe, but Standard Poor’s concluded that it wasn’t. Europe insisted that its currency was sound, but investors worry that it isn’t. Wall Street seemed perpetually on edge. After so many wild days, the American stock market ended 2011 about where it began.

On this side of the Atlantic, aftershocks of the financial crisis of 2008-9 are still reverberating, though the worst has passed. Now, how Europe’s economic troubles play out may determine whether job growth here finally picks up enough to make up for all the lost ground — and whether that 401(k) is richer or poorer next Jan. 1.

Where to go from here? And how to face the challenges ahead? Sunday Business asked the six economists who write the Economic View column to do a little blue-sky thinking on issues as varied as the Fed, Europe and housing. You won’t find stock tips. But if 2011 was any guide, the best advice for 2012 may be this: Hold tight.

Dear Mr. Bernanke:

Please Tell Us More

N. GREGORY MANKIW A professor of economics at Harvard, he is advising Mitt Romney in the campaign for the Republican presidential nomination.

WHAT can we do to get this economy going?

That’s the question Ben Bernanke and his colleagues at the Federal Reserve must be asking. Officially, the recession ended a while ago. But with unemployment lingering above 8 percent, it still feels as if we’re mired in a slump.

The Fed’s typical response to lackluster growth is to reduce short-term interest rates. To its credit, it did that — quickly and drastically — as the recession unfolded in 2007 and 2008. Then it took various unconventional steps to push down long-term rates, including those on mortgages. Mr. Bernanke deserves more credit than anyone for preventing the financial crisis from turning into a second Great Depression.

Now, the key will be managing expectations. Financial markets always look ahead, albeit imperfectly. They not only care what the Fed does today but also about what it will do tomorrow. With official short-term rates already near zero, what the Fed does this year will be less important than what policy makers say they will do next year — or the year after that.

A crucial question is how quickly the Fed will raise interest rates as the economy recovers. So far, Fed policy makers have said they expect to keep rates “exceptionally low” at least until mid-2013. There has even been talk about extending that time frame by a year, to mid-2014.

But Charles I. Plosser, the president of the Federal Reserve Bank of Philadelphia, was right when he said recently that “policy needs to be contingent on the economy, not the calendar.” The key to managing expectations will be spelling out this contingency plan in more detail. That is, what does the Fed need to see before it starts raising rates again?

Unfortunately, economists don’t offer simple and unequivocal advice. Some suggest watching the overall inflation rate. Others say to watch inflation, but to exclude volatile food and energy prices. And still others advise targeting nominal gross domestic product, which weights inflation and economic growth equally.

Forging a consensus among members of Federal Open Market Committee, which sets monetary policy, won’t be easy. In fact, it may well be impossible. But the more clarity the Fed offers about its contingency plans, the better off we’ll all be in the years ahead.

Two Big Problems,

Two Ready Solutions

CHRISTINA D. ROMER An economics professor at the University of California, Berkeley, she was chairwoman of President Obama’s Council of Economic Advisers.

THE United States faces two daunting economic problems: an unsustainable long-run budget deficit and persistent high unemployment. Both demand aggressive action in the form of fiscal policy.

Waiting until after the November elections, as seems likely, would be irresponsible. It is also unnecessary, since there are plans to address both problems that should command bipartisan support.

On the deficit, the big worry isn’t the current shortfall, which is projected to decline sharply as the economy recovers. Rather, it’s the long-run outlook. Over the next 20 to 30 years, rising health care costs and the retirement of the baby boomers are projected to cause deficits that make the current one look puny. At the rate we’re going, the United States would almost surely default on its debt one day. And like the costs of maintaining a home, the costs of dealing with our budget problems will only grow if we wait.

We already have a blueprint for a bipartisan solution. The Bowles-Simpson Commission hashed out a sensible plan of spending cuts, entitlement program reforms and revenue increases that would shave $4 trillion off the deficit over the next decade. It shares the pain of needed deficit reduction, while protecting the most vulnerable and maintaining investments in our future productivity. Congress should take up the commission’s recommendation the first day it returns in January.

But we can’t focus on the deficit alone. Persistent unemployment is destroying the lives and wasting the talents of more than 13 million Americans. Worse, the longer that people remain out of work, the more likely they are to suffer a permanent loss of skills and withdraw from the labor force.

Article source: http://feeds.nytimes.com/click.phdo?i=9a328f6d952748bcfedd47d67e540dc4

You’re the Boss Blog: My Resolutions for 2012

Transaction

Putting a price on business.

I love making New Year’s resolutions. No matter if 25 percent of resolutions are forgotten within a week, and 88 percent go by the wayside entirely. It’s a time to wipe the slate clean, reset expectations and get excited about what lies ahead. It’s a time for hope, and I’ll take hope for any reason. While I have run across a number of excellent lists for both business and personal resolutions this week, I thought I’d share some of mine and invite you to share yours. Bring on 2012!

Learn: At the top of my list for 2012 is learning how to play golf. I grew up watching my dad play golf, although it wasn’t until later in life that I wished he had taught me the game. I love playing sports and am competitive by nature –  just ask my husband. I’m also intrigued by whether golf is the great game of business that everyone says it is. Also on my list is getting better with my digital SLR camera, as well as learning how to edit my photos using PhotoShop Elements. Blog posts look better with a photo, after all.

Enjoy: I am officially done with this recession. I’m done wallowing in fear and uncertainty, wondering whether my business will survive — which it thankfully has so far — and when the business-for-sale marketplace will turn around. I’m ready to move on, regardless. I’m going to tune into the noise less and enjoy life more. Among other things, there are a beautiful new art museum in my home town that I’ve only begun to explore, friends to connect with and vacations to be had. Sorry crumby economy, I’m over you.

Save: One good thing about these lean years has been figuring out how to squeeze every last expense out your business. Last year I got my company’s e-mail and documents moved into the cloud with Google Apps for Business and Dropbox, both of which I’ve been very happy with. My annual information technology expenses now total a whopping $170.40. At home we finally weaned ourselves off of the land line. In 2012 I’m going to tackle telecommunications at our business by exploring cloud-based solutions like Ring Central. I’m also going to look into using a credit card for both business and personals expenses that racks up either cash rewards or airline miles. I’m starting my research here.

Read: I mean books, as in the kind you can hold and smell (I can’t be the only one who loves to pick up a book, hold it close, flip the pages and take a whiff). I aspire to read a book a week, like a colleague of mine, but I’m a realist and have set a goal to read at least 15 books in 2012. The first three non-fiction titles on my list are “Linchpin: Are You Indispensable” by Seth Godin, “Never Eat Alone: And Other Secrets to Success, One Relationship at a Time” by Keith Ferrazzi, and “Boomerang: Travels in the New Third World” by Michael Lewis. Part of my 2011 savings plan was to cut down on buying books and get reacquainted with the adult section of my public library; I’ve been stuck in children’s books for about seven years now. It’s a beautiful relationship that has been a happy byproduct of last year’s resolutions.

Fix: I do most of my writing from my home office on a MacBook Pro. After almost three years of heavy use, the seven key is failing and things seem to be taking longer than they should. The old gray laptop just ain’t what it used to be. Time to visit my local geeks and get an overhaul, something my Web site is also in desperate need of. I’ve set my marketing budget for 2012, and these guys will be getting the lion’s share. It’s time to get serious about integrating my online marketing and social media strategies, regardless of how well the band-aids have worked up to this point.

I can think of plenty of others, like clean, play, write, sleep. But these are some of my New Year’s resolutions in a word, or two. What are yours?

Barbara Taylor is co-owner of a business brokerage firm, Synergy Business Services, in Bentonville, Ark. You can follow her on Twitter.

Article source: http://feeds.nytimes.com/click.phdo?i=5f2c5620afaa726050975b0bd4584f36

DealBook: Who Won and Lost the Gundlach-TCW Face-Off?

Jeffrey Gundlach, of DoubleLine Capital and a well-known bond manager, denied in a Los Angeles court that he used trade secrets.Pool photo by Reuters VideoJeffrey Gundlach of DoubleLine Capital in a Los Angeles courtroom in August.

It looked like a war, sounded like a war, felt at times like a war.

But in the end, the long, drawn-out legal battle between Jeffrey E. Gundlach, the colorful mutual fund maven, and his former firm, Trust Company of the West, may have been nothing more than a white-collar tempest in a teapot.

Mr. Gundlach, a fixed-income investor who rose to prominence as the chief investment officer at TCW, as Trust Company of the West is known, was fired by the firm in 2009. Shortly afterward, TCW sued Mr. Gundlach, who is known in certain circles as “the bond king,” and three of his associates, accusing them of stealing trade secrets and plotting to set up a competing firm, DoubleLine Capital.

What could have been a run-of-the-mill employment dispute blossomed into a full-blown ordeal, however, when Mr. Gundlach counter-sued TCW, alleging that the firm owed him and his associates hundreds of millions of dollars in unpaid fees.

So began the civil case that captivated the world of mutual funds – a world where, let’s be honest, the bar for captivation is relatively low.

In September, after a six-week trial that involved dozens of witnesses, a jury found that Mr. Gundlach and his associates had breached their fiduciary duty and had misappropriated trade secrets, though it awarded Mr. Gundlach $66.7 million in damages in the countersuit, while awarding no damages to TCW.

On Thursday, that mixed verdict got even more complicated, when both parties agreed to settle their claims out of court.

That settlement, the terms of which are confidential (both TCW and DoubleLine declined to elaborate on the details), will put to rest both TCW’s suit against Mr. Gundlach and vice versa, marking an end to one of the oddest legal face-offs of the year.

So, you may be asking, who won and lost L’Affaire Gundlach? Well, without knowing the terms of the settlement, let us try to help separate the wheat from the chaff.
 

The Winners

 

Lawyers: The law firms representing Mr. Gundlach and TCW – Munger Tolles Olson and Quinn Emanuel Urquhart Sullivan, respectively – will each walk away from the case with millions of dollars in fees, even though the case ended in an out-of-court settlement. Those millions should buy a lot of Hawaiian shirts.

Mr. Gundlach: While testifying at his own trial, Mr. Gundlach got to detail, for admirers and skeptical alike, the story of his improbable rise to the upper echelons of fixed-income investing. From his tenure in a rock band after college to his decision, inspired by an episode of “Lifestyles of the Rich and Famous,” to become an investor, Mr. Gundlach’s colorful biography should pique the attention of book publishers and documentarians.

DoubleLine and TCW: Executives at both DoubleLine, Mr. Gundlach’s new firm, and TCW are likely both breathing a sigh of relief after settling their two-year tie-up. DoubleLine, whose assets have zoomed to about $20 billion this year from $7 billion last year, can now focus its full energies on beating the markets. And at TCW, a settlement will allow the team from Metropolitan West Asset Management, which it acquired to replace Mr. Gundlach’s team, to escape the bond king’s shadow at last.

Nicknames: There was no shortage of good nicknames revealed during the trial between Mr. Gundlach and TCW. Among them: “the Pope,” “the Godfather” (both of which Mr. Gundlach called himself), “the B-team” (which Mr. Gundlach called Philip A. Barach, his co-manager), “dumb and dumber” (which Mr. Gundlach used to refer to Marc I. Stern and Robert A. Day, TCW’s chief executive and founder), and “Autobot,” a nickname given to Jeffrey Mayberry, who worked with Mr. Gundlach at TCW, by Rachel Cody, a co-worker. (The name referred to the protagonist of the “Transformers” franchise.)

Marfa, Tex.: The trial between Mr. Gundlach and TCW was full of colorful tidbits, but none as interesting as an all-expenses-paid private jet trip taken by Mr. Gundlach and several TCW co-workers in 2009 to Marfa, Tex. There, TCW’s lawyers said, Mr. Gundlach indulged his art obsession by visiting the Chinati Foundation, a contemporary art museum founded by Donald Judd. The trip, which TCW’s lawyers attempted to use to prove that Mr. Gundlach had been secretly plotting to take his team with him for months before he was fired, wound up as free publicity for the Chinati Foundation and the rest of Marfa, a town of approximately 2,000 residents near the Mexican border.

Judge Carl J. West: a baronial figure with a white mustache, Judge West of the Los Angeles County Superior Court presided with gusto over a six-week trial that seemed, at times, more like a middle school grudge match. According to reports, Judge West is retiring from the bench next year, making the Gundlach/TCW trial a fitting feather in the cap of a long and by all counts successful judicial career.

 

The Losers

 
Société Générale: the French bank bought a controlling stake in TCW in 2001, but may regret doing so now that the firm has become known, outside fixed-income circles, just as much for its lawsuits as its returns. Under pressure to raise capital and sell off non-core assets to cope with the hazards of the European debt crisis, Societe Generale has even been rumored to be shopping TCW for a potential sale. (The bank has denied it plans to sell the firm.)

Humility: Mr. Gundlach is many things, but meek is not one of them. (“How many other people have been able to put together a $14 billion asset management company in two years in the history of the industry? Zero,” he crowed to DealBook earlier this year.) And experts say that the egos involved in the Gundlach/TCW case may have held off a settlement for longer than necessary.

“There was a lot of money on the table,” Jill E. Fisch, a law professor at the University of Pennsylvania, told DealBook on Friday. “Obviously, the fact that someone wanted to take it to trial means that egos, and not just dollars, were at stake.”

Courtroom voyeurs: When news that Mr. Gundlach’s case was going to trial surfaced, some finance watchers perked up. Among the accusations leveled against Mr. Gundlach by TCW were claims that he had kept a secret stash of pornography and drugs in his office. But in July, before a jury could hear about these claims, Judge West ruled that the lurid evidence would not be admitted in court, saying that it was immaterial to the case.

Article source: http://feeds.nytimes.com/click.phdo?i=bbac67465593aea1eb4c5f2b38c4bbed

Business Briefing | Company News: Whirlpool Files Antidumping Complaint on Washers

Whirlpool asked the United States to impose duties on washing machine imports made by LG Electronics and Samsung Electronics, saying the two companies sell washers made in Mexico and South Korea for less than the products’ fair value, undermining competition and threatening American jobs. Whirlpool also sought countervailing duties against imports from South Korea, saying that country’s government provided unfair subsidies. “LG strongly rejects any suggestion that it has sold clothes washers at dumped prices or that it has been unfairly subsidized,” a company spokesman, John Taylor, said. Ethan Rasiel, a Samsung spokesman, declined to comment.

Article source: http://feeds.nytimes.com/click.phdo?i=de20c28cacfae97ec51bb01c7c5d8369

CDR and David Rubin Plead Guilty in Fraud Case

Opinion »

Latitude: Harper Save the Queen

The Canadian prime minister rediscovered his enthusiasm for the British monarchy just to irk Quebec.

Article source: http://feeds.nytimes.com/click.phdo?i=76e6417410c286d21c75e1cbfca6e84d

Business Briefing | Company News: Walgreen Begins to Offer a Special Prescription Plan

Walgreen is introducing a national plan it hopes will minimize customer disruption from its contract battle over payments with its pharmacy benefits manager, Express Scripts. For customers who want to remain, Walgreen’s plan includes a special discount in January to customers for its prescriptions savings club. Though those enrolled in drug plans managed by Express Scripts will have better coverage and pay less by using another pharmacy, Gregory D. Wasson, Walgreen’s chief executive, said the discounts Walgreen would offer through its prescription savings club would be competitive on generic drugs and most therapeutic categories.

Article source: http://feeds.nytimes.com/click.phdo?i=3e348c771e6a8dc8c60ab1dd2661a337

Dick Clark and ‘Rockin’ Eve’ Reach Milestone

These days, he says, he just reports to the studio in Times Square at 9 p.m.

A stroke in 2004 profoundly changed Mr. Clark’s life, as well as his role on “Rockin’ Eve,” which is by far the country’s most popular televised countdown at the tail end of each year. He appears for a few segments around midnight while his protégé Ryan Seacrest runs the show.

But Mr. Clark and his countdown show remain synonymous with New Year’s Eve; this year, for its 40th anniversary, the show he created will take over nearly six hours of the ABC network, its most ever.

The two new hours, from 8 to 10 p.m. on Saturday, are billed as an anniversary party and will include a tribute to Mr. Clark, who turned 82 a month ago. “It’s our way of looking back on 40 years,” said Mark Shapiro, the chief executive of Dick Clark Productions, who added that he hoped the expansion would become permanent.

Asked if the on-air tribute were an indication that this might be Mr. Clark’s last year on “Rockin’ Eve,” Mr. Shapiro said, “That’s a great question, and the only one that knows that answer is Dick himself.”

Later, when asked if this year would indeed be his last, Mr. Clark answered in an e-mail, “I hope not.”

Such speculation has surrounded Mr. Clark ever since he had the stroke a few weeks before New Year’s in 2004. Regis Philbin filled in that year, and Mr. Seacrest stepped in in 2005, the last time the show fell on a Saturday, sharing the hosting duties with Mr. Clark. It was, Mr. Clark says, probably the most memorable of all his New Year’s broadcasts.

“Though I hadn’t conquered language difficulties and walking, it was good to be back at my old stand,” he said.

Mr. Clark has managed to recover somewhat since then, but his speech remains significantly impaired, a consequence of the stroke. Two years ago he missed a couple of numbers in the countdown.

Though some television critics have asserted that Mr. Clark’s appearance on the show since his stroke can be uncomfortable for some viewers, Mr. Shapiro said that “a lot more than not, people truly appreciate the beacon of light that he is.”

Interviews with Mr. Clark are conducted via e-mail because of his speech. He said he presumed that for many viewers, it’s “comforting to see a familiar face who has been there for the past 40 years.”

He added that for viewers who have a physical disability, his appearances “may serve as a source of inspiration.”

Despite Mr. Clark’s health problems, Mr. Shapiro said there was no taped back-up.

“We take our shot, and we go live,” he said. “And Dick wouldn’t have it any other way.”

Mr. Clark’s first nationwide New Year’s Eve broadcast took place in 1972, when he conceived “Rockin’ Eve” as a youthful alternative to Guy Lombardo’s big-band broadcasts on CBS. It was originally shown on NBC and after two years moved to ABC, where it has stayed since.

“Dick has been the mainstay,” said Larry Klein, the show’s producer, who flies to New York from Los Angeles on Christmas Day each year. “What changes around him is the music.”

On Saturday, the 8 p.m. anniversary special will sample four decades of performances. (It cost a “considerable amount of money” for the rights to replay some songs, Mr. Shapiro said.) Then the regular “Rockin’ Eve” — which starts at 10, pauses for the 11 o’clock news and resumes at 11:30 — will feature Lady Gaga, Beyoncé, Justin Bieber, Carlos Santana, Pitbull and Hot Chelle Rae, among others.

“Rockin’ Eve” is typically more popular than the competing countdown shows on NBC, Fox, MTV and other channels. Last year almost 19 million were watching ABC around midnight, according to Nielsen, though that figure surely understates the total audience because it does not count the groups of people who were watching at bars, restaurants and other parties.

The show’s producers go out of their way to praise and protect Mr. Clark. (“As long as he’s able, we want him for the countdown,” Mr. Shapiro said.) But they acknowledge that Mr. Seacrest, 37, is the primary host; they added “With Ryan Seacrest” to the show’s title three years ago. He is the broadcast’s traffic cop in Times Square, tossing to bands and correspondents and to Mr. Clark for the countdown.

“He has the same instinct that Dick had,” said Mr. Klein, who sits comfortably in a control room while Mr. Seacrest freezes outside at Broadway and 44th Street. “He knows when he’s going to be cued; he knows how to transition; he knows when to wrap.”

Mr. Seacrest, who has been in talks with NBC’s “Today” show about a co-anchor role, came on ABC’s “Good Morning America” on Friday to promote the countdown show. Mr. Clark, he said, “very much looks forward to being a part of it,” and added:

“The guy is still the boss. He walks into the room, and you defer. He is Dick Clark.”

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