April 27, 2024

Archives for May 2013

Surpluses Help, but Fiscal Woes for States Go On

And some of the surpluses that are materializing, as welcome as they are, are not as robust as they appear at first glance — especially as bills come due for some of the costs that states put off during the long economic downturn.

When Texas lawmakers went into session in January, they were met with some good news: the state was projecting an $8.8 billion surplus when its two-year budget cycle ends in August. But it turned out that much of that extra money was already spoken for: more than half of it had to be used to pay Medicaid costs the state had delayed paying earlier.

And Texas, like many states, has not been fully funding its pensions. Last year the state contributed just 49.2 percent of what actuaries said was needed by the state workers’ pension fund. Eventually the remaining money, around $358 million, will still have to be put into the fund, along with the 8 percent investment return the fund is supposed to earn each year.

In Hawaii, Gov. Neil Abercrombie, a Democrat, recently opened his re-election campaign by noting that the $200 million deficit he inherited upon taking office has been transformed into a positive balance of $300 million. But Hawaii faces enormous looming bills: its pension system currently has less than 60 cents of every dollar it has promised retirees, and it is more than $13 billion short of what it will need to pay for the health coverage it has promised its retired workers.

And California, which faced a $26 billion deficit two years ago, expects a surplus of between $1.2 billion and $4.4 billion this year, thanks to a combination of tax increases, budget cuts and an improving economy. But it could be erased if the state were to adequately finance its teachers’ pension fund, which says it will need an additional $4.5 billion a year, much of it from the state, to pay the benefits it promised.

“The problems are still there,” said Richard Ravitch, a former lieutenant governor of New York who formed a State Budget Crisis Task Force last year to focus attention on the long-term problems facing states. “It’s retirement expenses, generally, and health care expenses — and they’re crowding out other things.”

Of course, surpluses are better than deficits. When the fiscal crisis hit states full force in 2009, 41 states were forced to make disruptive midyear budget cuts, according to a survey by the National Governors Association and the National Association of State Budget Officers. This year, only a handful did — and most states are expected to end the year with surpluses, or with money to replenish their depleted rainy-day funds.

But many challenges loom, as they have since before the recession. A 2007 study by the Government Accountability Office was titled “State and Local Governments: Persistent Fiscal Challenges Will Likely Emerge Within the Next Decade.” This spring the office warned that the continuing near-term and long-term state and local government challenges “add to the nation’s overall challenges,” noting that the problem was largely driven by rising health care costs.

And some states are still in considerable fiscal distress. Illinois, which still faces large backlogs of unpaid bills, the weakest pension system of any state and the lowest credit rating of any state, failed to approve an overhaul of its pension system this week. As time was running out in its state legislative session, some leaders in the Democrat-controlled Capitol were pleading for a last-ditch plan to address the state’s pension crisis. The system was in bad shape even before the financial crisis of 2008 struck, and now it requires an ever-bigger slice of the state budget every year to meet its promises.

Donald J. Boyd, a senior fellow at the Nelson A. Rockefeller Institute of Government, in Albany, said states still face enormous costs to pay for the obligations they have made. “I know a lot of people are pinning their hopes and mantras on the idea that an improved stock market will bail pension funds out, but it will take so much more than we have seen — and the risk to governments, if it goes wrong, is frightening,” he said.

In some states the surpluses may reflect an improving economy, but in many they are the result of the tough steps taken during the downturn, which included making deep cuts to services; furloughing, laying off and reducing the benefits of workers; delaying repairs to roads and bridges; and raising taxes.

To some extent, said Scott D. Pattison, the executive director of the budget officers’ group, the current surpluses are a reflection of the way that the states’ annual revenue forecasts grew more conservative during the downturn and slow recovery. “It’s more a function of there being more money than they thought there would be,” he said, “and not a signal that their financial challenges are over.”

Now the surpluses have spurred debate in statehouses around the county, with some officials seeking to restore services and rehire workers, and others pushing new tax cuts. Governors from both parties, though, find themselves urging restraint as their states climb back from the recession.

Barry Anderson, the deputy director of the National Governors Association, used a homespun analogy for the situation that many states find themselves in. “I can see Mom and Dad at the kitchen table,” he said, “saying: ‘Wow, we did a little better than we anticipated here — but let’s not go out and blow it all, let’s set it aside. Because we know, not only do we need a new car, or to take care of the leaks in the basement, but Johnny and Joanie are going to need insurance coverage.’ ”

Rising health care costs continue to pose one of the biggest challenges to states, and the trend has many governors concerned.

Although the rate of Medicaid cost increases has slowed, Mr. Anderson said, those costs have continued to rise — and enrollments have risen as well, driving up expenses for many states. Medicaid was the biggest single component of total state spending this year, the most recent survey of states found: states were planning to spend 23.9 percent of their money on Medicaid — more than the 19.8 percent they were planning to spend on primary and secondary education, and more than what they planned to spend on higher education and transportation combined. Many states put off needed road maintenance during the downturn.

There are other threats on the horizon as well. Both Mr. Anderson and Mr. Pattison cautioned that some of the better-than-expected tax collections that many states experienced this year could be a one-time fluke: a higher-than-usual number of taxpayers apparently sold investments at the end of 2012 as Congress debated what to do about the so-called fiscal cliff, fearing the prospect of higher tax rates.

“We’re advising states to consider identifying money that is the result of one-time-only activity,” Mr. Pattison said, “and then try to avoid putting that into ongoing operating expenses.”

Monica Davey contributed reporting.

Article source: http://www.nytimes.com/2013/06/01/us/surpluses-help-but-fiscal-woes-for-states-go-on.html?partner=rss&emc=rss

Holder May Rein In Prosecutors on Leaks

According to an adviser familiar with the deliberations, Mr. Holder has discussed expanding a requirement for high-level review of proposed subpoenas for reporters’ phone records so that it would include e-mails. He is also examining whether to tighten a standard for when officials may seek such records without giving prior notice to the news organization.

President Obama has given Mr. Holder until July 12 to make his proposals, and Mr. Holder wants to complete an overhaul of department regulations on leak investigations before his tenure is over, said the adviser, who spoke on condition of anonymity because the deliberations are preliminary. Mr. Holder has given no indication that he intends to step down any time soon, however.

The Thursday meeting was intended to seek additional ideas and lay the groundwork for an internal push if prosecutors and intelligence officials balk at giving up some powers in leak investigations, the adviser said. Further meetings with both news organizations and government officials are planned, including another news media session on Friday.

The first news media meeting was off the record, and The New York Times was among several organizations that were invited but did not attend because it objected to that condition. At least two active leak investigations and cases involve Times reporters.

Representatives from The Daily News of New York, The New Yorker, Politico, The Wall Street Journal and the Washington Post did attend, according to several participants. The group gathered in a conference room near the office of the deputy attorney general, James Cole, and met with him, Mr. Holder, and seven other officials. The meeting started after 5 p.m. and lasted more than an hour.

Mr. Holder began, they said, by acknowledging criticism that the Justice Department had tipped too far toward aggressive law enforcement and away from ensuring the free flow of information to the public. He expressed a broad commitment to update internal guidelines, including steps to reflect changes in technology since they were written three decades ago.

Several of the news media representatives, participants said, told the officials that leak investigations have had a chilling effect on both reporters and government officials. They urged more rigorous procedures for internal review of subpoena requests, including the scope of any records sought and whether to provide advance notice, and argued that there needed to be more internal and external checks and balances on prosecutors.

There have been previous efforts to consider revising the investigative guidelines. In 2003, for example, a group of lawyers representing The Associated Press, Gannett, The Washington Post and the Reporters Committee for Freedom of the Press worked with Patrick Kelley, then the acting general counsel of the F.B.I., to develop a proposal.

The media lawyers eventually submitted a draft text and section-by-section analysis to the F.B.I. But after the 2004 election and turnover at the Justice Department, the Bush administration lost interest and dropped it, according to David Schulz, a media lawyer who led the informal project.

The 2004 proposal would in some ways have gone further than what has been initially discussed at the Justice Department. It would have expanded an existing rule that offers some protection from subpoenas for a reporter’s call logs so that it would also to cover other types of investigative tactics, like going through a reporter’s trash or obtaining a reporter’s credit card and travel records. The existing rule requires that before issuing a subpoena for phone records, other ways of obtaining information must be tried first, and the attorney general must sign off.

The 2004 proposal did not, however, contain several other ideas that Mr. Holder has discussed, according to the adviser. One example is a proposal to require prosecutors to have the Justice Department’s public affairs officials review a request for a reporter’s records before seeking the attorney general’s approval for a subpoena.

This article has been revised to reflect the following correction:

Correction: June 1, 2013

An article on Friday about a series of meetings Attorney General Eric H. Holder Jr. has begun holding with leaders of some news media outlets misstated the surname of a media lawyer who led a project to consider revising the guidelines that the Department of Justice uses to investigate journalists. He is David Schulz, not Schultz.

Article source: http://www.nytimes.com/2013/05/31/us/politics/holder-may-rein-in-prosecutors-on-leaks.html?partner=rss&emc=rss

One Obstacle Won’t Budge in Japan’s Fight With Deflation

The vending machines are also a symbol of the country’s big economic problem: deflation. The price of a soda in a vending machine has stubbornly remained the same for 15 years. Now, as back then, a can of Georgia Coffee, Pocari Sweat sports drink or Kirin Lemon soda typically sells for 120 yen, roughly $1.20. Some discount machines sell cans for as little as 80 yen, less than the price they fetched in the 1980s.

Since taking office in December, Prime Minister Shinzo Abe has made fighting deflation a priority, pumping the Japanese economy with cheap money and bolstering public spending in a bid to kick-start growth.

Such moves have helped stoke the prices of luxury goods like Ferraris, golf club memberships, prime real estate and vintage wines. But so far, the government’s efforts have not had much effect on everyday items, like a can of soda.

Despite the rising cost of raw materials and energy, beverage companies cannot easily raise prices without risking profits. Competition is fierce and consumers remain reluctant to spend.

“If we raised prices first in this cutthroat market, we’d be finished,” said Shigeo Katagiri, who runs the Japan Machine Service, a company that sells canned drinks for 80 yen at about 300 vending machines across Tokyo.

It’s a dynamic that’s playing out in retail, consumer electronics and other industries — and one of Mr. Abe’s biggest obstacles in his efforts to fight deflation.

In theory, Mr. Abe’s economic plan makes sense. More money circulating in the economy should lead to higher prices, and help generate a positive cycle of more investment, profits, wages, spending and growth. It also weakens the yen, which helps exporters sell more goods overseas and raises the price of imports. The prices of Apple iPads, for example, have jumped.

While the early signs are encouraging, it remains to be seen whether such efforts are sustainable and his goals are achievable. Some economists doubt that he can really meet his target of 2 percent inflation in two years. It’s an unspectacular rate for most countries, but a tall order for Japan. So far, the rally in Japan’s stock market has not significantly rubbed off on wages or wealth in a country where just 15 percent of households hold shares, according to a recent Bank of Japan survey. And despite the rising economic sentiment, consumers remain thrifty; the government reported on Friday that consumer spending had cooled.

“Income is still rising only for just a limited number of people,” said Kenichi Hirayama, chief fund manager at Tokio Marine Asset Management.

In many ways, the evolution of vending machines represents the country’s promise and its problems.

In the 1960s, as Japan’s postwar economy boomed and income rose, Coca-Cola brought the first vending machines to the country, selling cans for about 50 yen. In 1973, the Japanese upstart Pokka developed the first vending machine to sell hot drinks.

After that, the price of a can jumped 10 yen each for three consecutive years, as surging oil prices caused inflation. By 1983, cans were selling for 100 yen, and by 1998, they went for 120 yen.

Then Japan’s economy burst, and the country fell into deflation and economic stagnation. Most drink companies did not lower prices, preferring instead to live with lower profits as consumers cut back on spending. But a flurry of third-party vending machine operators, like Mr. Katagiri’s Japan Machine Service, started to source soda on the cheap and sell cans for less than the manufacturer’s suggested price.

By the mid-2000s, even the discount drinks market had become saturated. The beverage market research and consulting company Inryou Souken estimates that about 30 percent of vending machines in Tokyo currently sell cans for less than 120 yen.

Today, some 3.8 million vending machines line Japan’s streets, or about 1 for every 33 people, according to the Japan Vending Machine Manufacturers Association. About two-thirds of the machines sell drinks, and are maintained by the drink makers, or third-party sellers. (The rest sell items as varied as bananas and stationery.)

With more than a dozen national drink makers and countless sellers, crippling rivalries and razor-thin profits have become the norm of doing business.

Article source: http://www.nytimes.com/2013/06/01/business/global/in-japan-a-hard-to-budge-obstacle-looms-over-the-fight-with-deflation.html?partner=rss&emc=rss

DealBook: Court Revives Guy Hands’s Lawsuit Against Citigroup in EMI Sale

Guy Hands, center, of Terra Firma Capital Partners, with his lawyer David Boies, left, outside Manhattan Federal Court in 2010.Jessica Rinaldi/ReutersGuy Hands, center, of Terra Firma Capital Partners, with his lawyer David Boies, left, outside Manhattan Federal Court in 2010.

The British financier Guy Hands will have another chance to try to prove his claim that he was defrauded by his longtime bankers at Citigroup.

A federal appeals court on Friday ordered a new trial in the legal fight between Mr. Hands and Citigroup over the buyout of the music company EMI.

The United States Court of Appeals for the Second Circuit in Manhattan vacated a 2011 jury verdict that cleared Citigroup of any wrongdoing in its role in EMI’s sale to Mr. Hands’s private equity firm, Terra Firma Capital Partners. It ruled that improper jury instructions from the trial court judge required a reversal.

Mr. Hands had accused the bank of defrauding him during its handling of an auction of EMI. He said that a Citigroup investment banker lied to him about another bidder, which tricked him into paying $6.8 billion for EMI at the market peak in August 2007. After the financial crisis struck and the music industry slumped, Mr. Hands lost billions of dollars on the investment.

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He sued Citigroup in federal court, seeking $8.3 billion in damages. The bank said it had done nothing wrong and accused Mr. Hands of having a bad case of buyer’s remorse.

After a three-week trial in 2010, the jury awarded nothing to Mr. Hands. Citigroup, which had also provided Mr. Hands with billions of dollars of loans to pay for EMI, ultimately took ownership of the company and sold it off in pieces. The Universal Music Group, a division of Vivendi, bought EMI’s recorded-music business, and a Sony-led group acquired EMI’s publishing assets.

With EMI seized from Terra Firma and now with new owners, the revived dispute becomes a fight over money. Should Citigroup and Mr. Hands fail to reach a financial settlement, the case will again go to trial before Judge Jed S. Rakoff, who presided over the case. A spokeswoman for Citigroup, Danielle Romero-Apsilos, suggested that was where they were heading.

“We are confident we will again prevail at trial as Citi’s conduct in the EMI transaction was entirely proper,” Ms. Romero-Apsilos said. “The original verdict made clear that Terra Firma’s baseless accusations of fraud were simply an attempt to gain leverage in debt restructuring negotiations.”

The reversal of a jury’s verdict in a civil dispute is rare, and the federal appeals court said it was loath to overturn the case.

“We are particularly reluctant to overturn a jury verdict when, as here, it appears that both parties have had a fair bite at the proverbial apple,” wrote Judge John M. Walker Jr., who wrote the opinion for a unanimous three-judge panel. “The principal actors on both sides provided their version of events, exceptional trial lawyers marshaled and clarified the evidence, and a gifted judge presented the issue to the jury for its evaluation.”

Despite the praise for Judge Rakoff, the court said that he erred in his description of English law related to fraudulent misrepresentation, which applied to the case. Judge Rakoff incorrectly told the jury that Terra Firma had the burden of proof in showing that it relied on Citigroup’s supposed misrepresentations, when according to English law, the burden fell upon Citigroup to prove that it did not lie.

“The district court’s jury instructions were based on an inaccurate understanding of the relevant English law,” Judge Walker wrote.
Terra Firma, through its spokesman, Jonathan Doorley, said, “We continue to believe that we have a strong claim, and with the jury instructions now resolved in our favor, we expect to prevail in any subsequent trial.”

The decision is a victory for Mr. Hands’s star lawyer, David Boies of Boies, Schiller Flexner, who represented him at trial and argued the appeal. If the case is tried again, Mr. Boies will most likely find himself in a rematch against Citigroup’s lawyer, Theodore V. Wells Jr. of Paul, Weiss, Rifkind, Wharton Garrison.

Article source: http://dealbook.nytimes.com/2013/05/31/appeals-court-revives-financiers-suit-against-citigroup/?partner=rss&emc=rss

A New Chevrolet Malibu, Aimed at G.M.’s Rivals

It is unusual for a carmaker to make major changes to a new model so soon. But with the Malibu still lagging behind its competitors in the important midsize car category, G.M. is moving uncharacteristically fast to improve it.

G.M. has a lot riding on its success. The revamped Malibu, along with new pickup trucks coming this summer, is part of its effort to emerge from years of retrenching after its financial collapse and become a growth company again.

“In the past, we would have defended it and justified it and waited for it to sell,” Mark Reuss, head of G.M.’s North American operations, said of the Malibu at a news conference here on Friday to show off the new model. “But we’re not going to sit around and wait. We’re going to react to the marketplace.”

That marketplace has been decidedly cool to the car, even after last year’s revamping. Its sales have dropped nearly 12 percent from a year ago, even as G.M.’s overall sales in the United States are up about 10 percent.

G.M. has made some incremental gains this year in market share in the United States. In the first four months, it reported an 18.1 percent share, compared with 17.7 percent for the same period in 2012.

Better sales of the Malibu are considered essential to further bolstering share. To attract customers, a honeycomb-style grill was added to the front end, and the rear seats were redesigned for better comfort and more leg room. G.M. will also offer a more fuel-efficient engine that shuts down and saves gas when the car is stopped at a traffic light.

Analysts reserved judgment about the changes. “We’ll see how it does,” said Michelle Krebs, an analyst at the auto research site Edmunds.com.

She said that despite improvements in other areas of the business, G.M. still had a lot to prove in the midsize car category, which accounts for about one out of every six vehicles sold in the country.

“G.M. needs to be much more competitive in this segment,” Ms. Krebs said. “It’s still the biggest segment in the market, and they need to play stronger in it.”

Malibu sales have slipped considerably in recent years, particularly after work on a new version was suspended during G.M.’s bankruptcy. A fresh Malibu finally arrived in showrooms last year, powered by a new engine and sporting a better interior and more technology.

But consumers were not impressed. Despite the changes, sales fell further behind the Toyota Camry, which leads the midsize sedan segment, and the Honda Accord. And the Malibu fared poorly in a head-to-head comparison with the Ford Fusion, which has had a 25 percent increase in sales this year.

“We knew there were competitive pressures,” Mr. Reuss said. “And we knew we needed to get a better car out there.”

The new version goes on sale this fall. Until then, G.M. will try to generate interest in the current model with hefty rebates. The average Malibu incentive in April was the biggest in the midsize segment, at $3,793, compared with $592 for the Honda Accord and $1,946 for the Fusion, according to Edmunds.com.

Pre-bankruptcy, G.M. often relied on rebates to move unpopular cars. But Mr. Reuss said the company was committed to improving its products, so big incentives are unnecessary.

“We’re trying to address the concerns of the customer,” he said. “We have got to hit home runs with everything we put out there.”

The rush to fix the Malibu reflects G.M.’s overall struggle to remake itself after its bankruptcy and $49.5 billion government bailout.

While the company contends it has made great strides with most of its new products, its financial performance has been spotty. Its net income in the first quarter declined 14 percent from a year earlier, and its North American profits significantly trail those of the Ford Motor Company, its smaller hometown rival.

But investors appear to see a brighter future ahead. G.M.’s stock recently hit $33 a share, the first time the company achieved the share price of its initial public offering in 2010.

The government, meanwhile, is in the process of selling off its remaining shares in G.M., which should help the company shed its nickname of “Government Motors.”

Mr. Reuss said that in the past, G.M. would not have bothered to poll consumers about why they did not like the current Malibu.

But the days when G.M. would let a new model languish are over, he said.

“We are a company that lost the will to win during the bankruptcy,” he said. “We need to know that feeling of winning again.”

Industry analysts expect G.M. to report another slight gain in market share for the month of May, when the industry reports sales figures on Monday.

G.M.’s sales in the United States during May are expected to improve about 8 percent from last year, which would be a bit more than the overall market, according to the investment firm Sterne Agee.

Article source: http://www.nytimes.com/2013/06/01/business/a-new-chevrolet-malibu-aimed-at-gms-rivals.html?partner=rss&emc=rss

DealBook: CME Group Fines Goldman Sachs and Former Partner

Glenn HaddenGoldman SachsGlenn Hadden

Goldman Sachs and Glenn Hadden, one of Wall Street’s top traders, have been fined by the CME Group over a Treasury futures trade in 2008.

The CME Group, which runs commodity and futures exchanges, has notified both Goldman and Mr. Hadden, once a trader and partner at Goldman Sachs who now runs the global interest rates desk at Morgan Stanley, that both face fines and other sanctions in connection with the trade, according to a disciplinary action reviewed by The New York Times.

Goldman has been ordered to pay $875,000 and was cited for failure to supervise Mr. Hadden. Mr. Hadden has been ordered to pay $80,000.

He faces a 10-day suspension, starting July 15, from “directly accessing all CME Group Inc. trading floors, and indirect and direct access to all electronic trading and clearing platforms owned or controlled by CME Group Inc.”

Mr. Hadden is one of the highest-paid professionals at Morgan Stanley and has been known throughout his career for aggressive and profitable risk-taking. As The Times reported in December, it is unusual for someone of Mr. Hadden’s stature to be the target of such an investigation.

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Mr. Hadden joined Morgan Stanley in 2011. He was hired after Goldman Sachs, which had concerns about some of his trading activity, put him on leave in 2009. Those concerns included the episode involved in the sanction.

Mr. Hadden, according to the CME disciplinary action, in the last minutes of trading on Dec. 19, 2008, engaged in trading that violated CME rules.

Mr. Hadden, the CME Group said, was trying to cover some market risk associated with a position he had just before the day’s close. He had difficulty with the trade because the market was quite illiquid, and was found to have not unwound the position in an orderly manner. Goldman was fined over failing to supervise Mr. Hadden.

A spokesman from Goldman Sachs said the firm was happy to have the matter resolved. A Morgan Stanley spokesman said “Mr. Hadden is an employee in good standing as the global head of rates at Morgan Stanley.”

James Benjamin, a lawyer for Mr. Hadden, said his client was also glad the matter was settled. “This matter arose from standard risk-management procedures for Treasury note futures contracts. Although Mr. Hadden acted in good faith and attempted to follow a textbook approach, he had difficulty liquidating the futures position in an orderly manner in light of stressed and illiquid market conditions.”

The disciplinary action is likely to increase speculation about Mr. Hadden’s future at Morgan Stanley. Last week his boss, Kenneth M. deRegt, the executive in charge of Morgan Stanley’s fixed income department, announced he was retiring. That set off speculation inside Morgan Stanley that Mr. Hadden might also leave, or see his responsibilities diminished.

However, people close to the firm who spoke on the condition of anonymity because they were not authorized to speak on the record about a personnel matter, say there are no plans to move or sever ties with Mr. Hadden.

Mr. Hadden was a big hire for Morgan Stanley, and was brought in just as the firm was working to rehabilitate its fixed income department. That unit, where Mr. Hadden now works, was badly bruised during the 2008 financial crisis.

Article source: http://dealbook.nytimes.com/2013/05/31/cme-group-sanctions-goldman-sachs-and-top-wall-street-trader/?partner=rss&emc=rss

Spirit Airlines Banks on Few Frills, and More Fees

No one has tried that — at least not yet — but one small airline has led the way in the United States when it comes to passenger fees: Spirit Airlines, the no-frills carrier that prides itself for offering the lowest fares, then charging passengers for everything else.

Need an agent to print out a boarding pass at the airport? That’s $10. Want some water? That’s $3. Rolling a bag on board? The tag costs $35 from home and $50 at the airport. In all, there are about 70 fees enumerated in dizzying detail on Spirit’s Web site for customers to navigate.

To the millions of travelers flying on vacation this summer, the fees can be infuriating, but Spirit makes no apologies. In an age of consolidation in the airline industry, Spirit, with about 1 percent of the nation’s passenger traffic, has managed to succeed by going it alone, scraping for every dollar and scrimping on every cost.

“Spirit does everything it can to make or save a buck,” said Henry Harteveldt, a travel analyst with Hudson Crossing. “To its credit, Spirit doesn’t promise passengers that they’ll be coddled. Its customer service standards are terrible, and the airline’s actions have shown it doesn’t care about being liked or respected.”

The driving force behind that strategy is Spirit’s chief executive, Ben Baldanza, 51, an industry veteran who arrived at Spirit eight years ago with no experience at a no-frills airline. Along with an obsessive attention to keeping costs low, Mr. Baldanza argues that the cornucopia of fees allows the airline to keep its fares lower than rivals. The airline, known for its tasteless ads (during the presidential election, one ad talked of Spirit having “binders full of sales. Women will love them!”) is modeled after Ryanair, which charges low fares for flights throughout Europe with a minimalist approach to customer service.

“I cringe a little when people say I don’t care about customers,” said Mr. Baldanza, who brims with missionary zeal. “We care about the thing that customers tell us they care the most about, and that’s offering the lowest possible fares. The customers who fly Spirit absolutely understand the trade-off.”

On a recent day at La Guardia Airport, passengers seemed to be taking the fees in stride. Two students forgot about the fee that Spirit charges for carry-on bags. That did little to reduce their enthusiasm to fly to Las Vegas despite the early loss. Kevin Reed, a photographer flying to Myrtle Beach, S.C., paid an extra $10 on top of a $35 checked-bag fee because he failed to do so when he bought his ticket.

“They got me there,” he said, shrugging. “But I’m still saving $400 over flying with Delta.”

Not every customer has the same reaction, though. Spirit is routinely rated as the nation’s worst airline because some travelers deem the fees unfair. The Transportation Department receives far more complaints about Spirit than other carriers, with 6 to 8 complaints per 100,000 passengers compared with the industry average of 1.4. And Spirit’s on-time record is similarly abysmal, at 68.8 percent compared with 80 percent for the industry average. The best airlines are in the mid-90s.

Critics point out that the inflation of air travel fees makes it increasingly difficult to compare the cost of travel between airlines.

“The fee-for-everything technique allows airfares to be advertised as much lower than the overall cost,” said Paul Hudson, the president of FlyersRights.org, a consumer group.

Mr. Baldanza acknowledged that the process can be tricky. “You can’t sleepwalk through the process,” he said.

But the model has allowed Spirit to offer cheap tickets. Since 2008, Spirit’s airfare has dropped by 20 percent, averaging $75 in 2012 compared with $94 in 2008. The difference often jumps out at a customer searching for flights. On Friday, Spirit was offering a nonstop flight from Oakland, Calif., to Portland, Ore., in mid-July for $156; the same trip was $296 on Delta.

Because of its growing list of fees, however, nonticket revenues grew to $51.39 in 2012, from $18.61 in 2008. As a result, while fares fell, Spirit’s total revenue per passenger grew by 12 percent from 2008 to 2012, reaching $126.50. Fees now account for 41 percent of Spirit’s revenues, an industry record.

Article source: http://www.nytimes.com/2013/06/01/business/spirit-airlines-banks-on-few-frills-and-more-fees.html?partner=rss&emc=rss

Don Oliver, NBC Correspondent, Dies at 76

The cause was complications of Lewy body dementia, his wife, the former Shirley Humphrey, said.

Mr. Oliver worked for NBC Nightly News from the mid-1960s until 1992. As a national correspondent, he covered the civil rights movement, including the assassination and funeral of the Rev. Dr. Martin Luther King Jr., and nearly a generation’s worth of political conventions and campaigns.

Mr. Oliver went abroad to report on conflicts in Laos, Cambodia and Vietnam; the Middle East peace talks in 1977; and the Civil War in El Salvador.

In the 1980s he focused on environmental issues in the United States, notably the Exxon Valdez oil spill in Alaska.

Donald Lynn Oliver was born on July 14, 1937, in Billings, Mont. He earned a bachelor’s degree from the University of Montana’s School of Journalism and a master’s from Columbia University’s journalism school. He worked for local television stations until NBC made him its Midwest correspondent.

After he retired from NBC he worked as a media consultant and taught journalism at the University of Montana.

In addition to his wife, he is survived by a daughter from a previous marriage to Sharon Nelson, Cherie Ash; a stepson, Jeff Humphrey; a stepdaughter, Claire Humphrey; a sister, Kate Oliver; four grandchildren and four stepgrandchildren.

Mr. Oliver worried that the 24-hour news cycle was hurting television journalism.

“The rush to be first on the air,” he said in a 1999 interview, “has robbed television news of its ability to reflect.”

Article source: http://www.nytimes.com/2013/06/01/business/don-oliver-nbc-correspondent-dies-at-76.html?partner=rss&emc=rss

Consumer Spending Slipped 0.2% in April

Consumer spending dropped a seasonally adjusted 0.2 percent in April, the Commerce Department said on Friday. That was the first decline since May 2012. It followed a 0.1 percent increase in March and a 0.8 percent jump in February.

A drop in gasoline prices most likely lowered overall spending. Adjusted for inflation, spending ticked up 0.1 percent in April. Still, that was the smallest gain since October.

Consumers also seemed to spend less to heat their homes in April, which may have reduced spending on utilities. April’s weather was mild after an unusually cold March.

Income was unchanged in April, after a 0.3 percent rise in March and 1.2 percent gain in February. Wages and salaries barely grew, while government benefit payments fell.

In the euro zone, unemployment continued its relentless march higher in April, according to official data published Friday, hitting yet another record.

The jobless rate for the 17 countries that use the common currency rose to 12.2 percent, from 12.1 percent a month earlier, with 19.4 million people out of work, according to Eurostat, the European Union statistics agency. Some analysts said the number of people without jobs could hit 20 million by the end of the year.

Separate data from Eurostat showed that inflation in the euro zone rose to 1.4 percent from 1.2 percent.

Most analysts do not expect the European Central Bank to cut interest rates or take other action to stimulate growth when its policy-making council meets in the coming week, but the inflation rate could prompt the central bank to wait for clearer signs that there is no risk of higher prices.

In the United States, the retrenchment in spending indicates consumers may be starting to feel the effect of higher taxes.

But a separate report Friday showed that consumer confidence rose to a six-year high in May, suggesting the decline in spending may be temporary.

Americans are taking home less pay this year because of a two-percentage-point increase in Social Security taxes. A person earning $50,000 a year has about $1,000 less to spend this year. Income taxes on the wealthiest Americans also increased.

Consumer spending drives 70 percent of economic activity. It grew at the fastest pace in more than two years from January through March, helping the economy expand at a 2.4 annual rate during that quarter.

Economists said the latest spending figures suggested that growth might be slowing in the April-June quarter, to around a 2 percent rate. But most still expect growth to improve slightly after that as the effect of tax increases and government spending cuts fades.

Paul Ashworth, chief North American economist at Capital Economics, called it “a sobering report” for people expecting stronger growth. “There will be some modest pickup in the second half of the year, as the fiscal drag starts to ease, but we expect the improvement to be very gradual rather than dramatic.”

Article source: http://www.nytimes.com/2013/06/01/business/economy/consumer-spending-slipped-0-2-in-april.html?partner=rss&emc=rss

BookExpo America Draws 20,000 to Javits Center

E-book sales are no longer growing at a nerve-rattling pace. The unpleasant and expensive price-fixing lawsuit last year, pitting the Justice Department against five major publishers, has been settled. Independent booksellers added 65 stores to their ranks in 2012, according to their trade association, despite competition from Amazon.

After a turbulent few years in the book business, there was a feeling at BookExpo America, the publishing industry’s annual trade convention that convened in New York this week, that the disruption might have calmed.

“I’m hearing this gigantic sigh of relief everywhere I go in B.E.A. this year,” Michael Pietsch, the newly installed chief executive of Hachette Book Group, said in a panel discussion. “We’re still here. People are no longer quite as anxious that the world is turning upside down.”

The event, which ends on Saturday, drew a crowd of 20,000 publishers, authors, agents, bookstore owners and librarians to the Jacob K. Javits Convention Center. The trade show had barely opened on Wednesday when publishing executives who had trekked there began to roll their eyes at the center’s familiar annoyances.

“Good old Javits,” Reagan Arthur, the publisher of Little, Brown, wrote on Twitter. “Horrible sight lines, minimal Internet access and $4 Diet Cokes.”

But gentle mocking gave way to the usual enthusiasm that permeates the convention, an event whose original purpose was partly to give bookstores the chance to order books for the fall season. It has evolved into something equally old-fashioned: a huge gathering for the book industry to talk up titles, showcase high-profile authors and try to build elusive buzz for promising books.

This year, the lineup of celebrity authors included Chelsea Handler, there to promote “Uganda Be Kidding Me,” a travelogue; Helen Fielding, whose third Bridget Jones novel, “Mad About the Boy,” is scheduled for release in the fall; and Elizabeth Gilbert, the author of “Eat, Pray, Love,” who has written a new novel, “The Signature of All Things,” her first in 13 years.

On the sprawling exhibit floor, publishers big and small rubbed elbows. Near Random House’s mammoth booth, the comparatively tiny Omnific Publishing promoted its titles with the slogan “Romance … Without Rules.” Shadow Mountain, a Utah-based publishing company, advertised “The Romney Family Table,” by Ann Romney, a collection of stories and recipes offering “a peek inside Romney family life and the food that has become an essential part of those memories.”

HarperCollins, pumping up one of its new authors, sponsored a gargantuan hanging billboard advertising a book by Mitch Albom that will be released in the fall. In the autograph area on Friday, fans lined up to meet Rick Riordan, Cassandra Clare and Walter Dean Myers.

“When you work in a library, you constantly hear that print is dying, and then you come here and feel so much energy,” said Barbara Moralis, a librarian at Northampton Community College in Bethlehem, Pa., as she waited in a long line to meet the author Andrew Gross. “Publishing is not dead.”

There were, in fact, several signs of health in an industry that has been buffeted by change in recent years.

Oren Teicher, the chief executive of the American Booksellers Association, said unit sales for independents increased nearly 8 percent in 2012. E-book sales, while still growing rapidly in the industry as a whole, have plateaued for some publishers. This provides more stability than the run-amok sales of previous years and gives publishers more clarity about consumers’ book-buying habits.

BookStats, a survey of the industry released last month, revealed that e-books now account for 20 percent of publishers’ revenues, up from 15 percent in 2011. “It seems like the growth rate of e-books has slowed,” said Carolyn Reidy, the chief executive of Simon Schuster.

While there was the usual tut-tutting about Amazon — Becky Anderson, a co-owner of Anderson’s Bookshops, outside Chicago, referred to it as “the company that shall not be named” — there was also no booth on the exhibit floor from the New York-based unit of Amazon Publishing, which caused much fear and consternation in the industry when it was founded two years ago.

In a panel titled “Publishing, Bookselling and the Whole Damn Thing,” John Sargent, the chief executive of Macmillan, called Attorney General Eric Holder “incompetent,” a comment on the Justice Department antitrust lawsuit against Apple and five publishing companies filed last year. Apple, the only remaining defendant, will go on trial in federal court next week.

But Mr. Sargent said the industry seemed to have stabilized. “I was much more pessimistic a year and a half ago than I was now,” he said.

The organizers have invited members of the public on Saturday, for the second year in a row, to a “Power Readers” program that is intended to help build word of mouth for books beyond the industry. This year the organizers of the event were expecting 2,000 outsiders, a significant increase over 2012, when 500 attended.

Authors, speaking to throngs of starry-eyed booksellers, did their best to rev up the crowds. At a breakfast attended by 1,000 on Thursday, Wally Lamb, the author of the forthcoming novel “We Are Water,” finished his remarks with a paean to booksellers.

“Writers and readers are two poles, apart from each other,” he said. “And you, ladies and gentlemen, are the electricity that connects us.”

Article source: http://www.nytimes.com/2013/06/01/business/media/bookexpo-america-draws-20000-to-javits-center.html?partner=rss&emc=rss